4–13–00 Thursday Vol. 65 No. 72 Apr. 13, 2000 Pages 19819–20062
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1 II Federal Register / Vol. 65, No. 72 / Thursday, April 13, 2000
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2 III
Contents Federal Register Vol. 65, No. 72
Thursday, April 13, 2000
Agency for Toxic Substances and Disease Registry PROPOSED RULES NOTICES Acquisition regulations: Meetings: Foreign military sales contract line items; closeout, Scientific Counselors Board et al., 19904 19865–19866 Information disclosure; withdrawn, 19866 Agricultural Marketing Service RULES Education Department Tobacco inspection: NOTICES Flue-cured tobacco— Agency information collection activities: Elimination of interference, distraction, and outside Submission for OMB review; comment request, 19880– influence on tobacco grading, 19825–19826 19881 Grants and cooperative agreements; availability, etc.: Agriculture Department Life Skills for State and Local Prisoners Program, 20034– See Agricultural Marketing Service 20057 See Farm Service Agency See Forest Service Energy Department See Rural Business-Cooperative Service See Federal Energy Regulatory Commission See Rural Housing Service See Rural Utilities Service Environmental Protection Agency RULES Children and Families Administration Air quality implementation plans; approval and NOTICES promulgation; various States: Grants and cooperative agreements; availability, etc.: Arizona, 19992–19993 Adoption Opportunities Program et al., 19904–19910 Illinois, 19838–19842 Washington, 19836–19838 Coast Guard Pesticides; tolerances in food, animal feeds, and raw RULES agricultural commodities: Drawbridge operations: Fenhexamid, 19842–19849 South Carolina, 19836 PROPOSED RULES NOTICES Air quality implementation plans; approval and Agency information collection activities: promulgation; various States: Proposed collection; comment request, 19952–19953 Arizona, 19964–19991 Aquatic Nuisance Species Task Force; recommendations: Florida, 19865 Zebra mussels and other aquatic nuisance species; Illinois, 19864–19865 recreational activities to control spread; voluntary NOTICES guidelines, 19953–19957 Air pollution; standards of performance for new stationary Committees; establishment, renewal, termination, etc.: sources: Commercial Fishing Industry Vessel Advisory Committee, Storage Tank Emission Reduction Partnership Program; 19957–19958 slotted guidepoles at petroleum and organic liquid storage vessels, 19891–19897 Commerce Department Superfund; response and remedial actions, proposed See International Trade Administration settlements, etc.: See National Oceanic and Atmospheric Administration Lyman Dyeing and Finishing Site, SC, 19897 NOTICES Privacy Act: Systems of records, 19868–19872 Executive Office of the President See Management and Budget Office Committee for the Implementation of Textile Agreements See Presidential Documents NOTICES Cotton, wool, and man-made textiles: Farm Service Agency Belarus, 19879 NOTICES Agency information collection activities: Defense Department Proposed collection; comment request, 19867 See Navy Department See Uniformed Services University of the Health Sciences Federal Aviation Administration RULES RULES Acquisition regulations: Class B airspace, 19826–19827 Caribbean Basin countries, 19859–19860 Class E airspace, 19827–19829 Foreign acquisition, 19849–19858 NOTICES Indian organizations and Indian-owned economic Organization, functions, and authority delegations: enterprises; utilization, 19858–19859 Associate Chief Counsel/Director, Office of Dispute Manufacturing Technology Program, 19859 Resolution for Acquisition, 19958
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Reports and guidance documents; availability, etc.: Organization, functions, and authority delegations: Certification plans to address human factors for Headquarters and field offices; addresses update, 19829– certification of transport airplane flight decks; agency 19833 review, 19958–19960 NOTICES Agency information collection activities: Federal Communications Commission Proposed collection; comment request, 19910–19914 NOTICES Reporting and recordkeeping requirements, 19914–19915 Meetings: Submission for OMB review; comment request, 19915– North American Numbering Council, 19897–19898 19916
Federal Energy Regulatory Commission Forest Service NOTICES NOTICES Electric rate and corporate regulation filings: Agency information collection activities: Northwest Generation Co. et al., 19883–19887 Proposed collection; comment request; correction, 19867– Environmental statements; availability, etc.: 19868 Montana Natural Resources and Conservation Environmental statements; availability, etc.: Department, 19887 Utah Northern Goshawk Project, 19868 Hydroelectric applications, 19887–19890 General Services Administration Practice and procedure: PROPOSED RULES Off-the-record communications, 19890–19891 Federal Management Regulation: Applications, hearings, determinations, etc.: Surplus personal property donation, 20014–20032 Atlanta Gas Light Co., 19881 Northwest Pipeline Corp., 19881–19882 Health and Human Services Department Pacific Gas & Electric Co., 19882 See Agency for Toxic Substances and Disease Registry Transcontinental Gas Pipe Line Corp., 19882–19883 See Children and Families Administration See Food and Drug Administration Federal Highway Administration See National Institutes of Health NOTICES See Substance Abuse and Mental Health Services Environmental statements; notice of intent: Administration Randolph County, NC, 19961 NOTICES Union and Mecklenburg Counties, NC, 19961 Grant and cooperative agreement awards: ASPIRA Association, Inc., 19900 Federal Reserve System Grants and cooperative agreements; availability, etc.: NOTICES Adolescent Family Life Demonstration Projects Program, Banks and bank holding companies: 20060–20062 Change in bank control, 19898 HIV/AIDS-Related Services in Highly Impacted Minority Formations, acquisitions, and mergers, 19898 Communities; Technical Assistance and Capacity Permissible nonbanking activities, 19899 Development Demonstration Program, 19900–19904
Federal Retirement Thrift Investment Board Housing and Urban Development Department PROPOSED RULES NOTICES Thrift Savings Plan: Meetings: Administrative errors correction, 19862–19864 Predatory lending practices; public fact-finding forums and task force establishment, 19917–19918 Federal Trade Commission Interior Department NOTICES See Fish and Wildlife Service Meetings: See Land Management Bureau Online Access and Security Advisory Committee, 19899– See National Park Service 19900 See Reclamation Bureau Fish and Wildlife Service International Trade Administration NOTICES NOTICES Endangered and threatened species permit applications, Antidumping: 19918–19919 Cut-to-length carbon steel plate from— Marine mammal permit applications, 19919–19920 Romania, 19872 Wild Bird Conservation Act of 1992: Expandable polystyrene resins from— Approval applications— Indonesia and Korea, 19872–19873 Rilling, Jeanette, 19919 Non-frozen apple juice concentrate from— China, 19873–19876 Food and Drug Administration Stainless steel butt-weld pipe fittings from— RULES Various countries, 19876–19877 Medical devices: Class III preamendment devices; lung water monitor, Justice Department powered vaginal muscle stimulator for therapeutic See Parole Commission use, and stairclimbing wheelchair, 19833–19834 NOTICES General and plastic surgery devices— Pollution control; consent judgments: Stainless steel suture; reclassification, 19835–19836 Alcoa Inc., 19924
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Azrael et al., 19925 National Science Foundation Boomsnub Corp., 19925 NOTICES Greenwood Chemical Co., 19925–19926 Antarctic Conservation Act of 1978; permit applications, Libra Industries, Inc. of Michigan, 19926 etc., 19929 Lockheed Martin Corp., 19926 Meetings: Odabashian, Robert, et al., 19926–19927 Advanced Computational Infrastructure and Research S.B. Foot Tanning Co., 19927 Special Emphasis Panel, 19930 Sun Co., Inc, et al., 19927 Biological Sciences Special Emphasis Panel, 19930 TH Agriculture & Nutrition, L.L.C., 19927–19928 Chemical and Transport Systems Special Emphasis Panel, 19930 Labor Department Civil and Mechanical Systems Special Emphasis Panel, See Mine Safety and Health Administration 19930 Developmental Mechanisms Advisory Panel, 19930– Land Management Bureau 19931 NOTICES Earth Sciences Proposal Review Panel, 19931 Agency information collection activities: Electrical and Communications Systems Special Submission for OMB review; comment request, 19920– Emphasis Panel, 19931 19921 Engineering Advisory Committee, 19931 Management framework plans, etc.: Engineering Education and Centers Special Emphasis Utah, 19921 Panel, 19932 Meetings: Geosciences Advisory Committee, 19932 Resource Advisory Councils— Geosciences Special Emphasis Panel, 19932 Sierra Front/Northwestern Great Basin, 19921–19922 Human Resource Development Special Emphasis Panel, Survey plat filings: 19932 Arizona, 19922 Systematic and Population Biology Advisory Panel, Colorado, 19922–19923 19932–19933 Legal Services Corporation NOTICES Navy Department Meetings; Sunshine Act, 19929 NOTICES Meetings: Management and Budget Office Ocean Research Advisory Panel, 19879–19880 NOTICES Federal information resources management (Circular A- 130), 19933–19941 Nuclear Regulatory Commission NOTICES Mine Safety and Health Administration Meetings; Sunshine Act, 19933 NOTICES Safety standard petitions: Office of Management and Budget Energy Fuels Coal, Inc., et al., 19928–19929 See Management and Budget Office National Communications System NOTICES Parole Commission Meetings: RULES National Security Telecommunications Advisory Federal prisoners; paroling and releasing, etc.: Committee, 19929 District of Columbia Code— Prisoners serving sentences, 19996–20005 National Institutes of Health PROPOSED RULES NOTICES Federal prisoners; paroling and releasing, etc.: Meetings: District of Columbia Code— National Cancer Institute, 19916 Prisoners serving sentences, 20006–20011 National Institute of Environmental Health Sciences, 19916 Presidential Documents PROCLAMATIONS National Oceanic and Atmospheric Administration Special observances: RULES Crime Victims’ Rights Week, National (Proc. 7290), Fishery conservation and management: 19823–19824 Atlantic highly migratory species— Former Prisoner of War Recognition Day, National (Proc. Atlantic bluefin tuna, 19860–19861 7289), 19821–19822 NOTICES Pan American Day and Pan American Week (Proc. 7288), Agency information collection activities: 19819–19820 Submission for OMB review; comment request, 19877 Permits: Marine mammals, 19877–19879 Public Health Service See Agency for Toxic Substances and Disease Registry National Park Service See Food and Drug Administration NOTICES See National Institutes of Health Environmental statements; availability, etc.: See Substance Abuse and Mental Health Services Yosemite National Park, CA, 19923–19924 Administration
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Railroad Retirement Board Toxic Substances and Disease Registry Agency RULES See Agency for Toxic Substances and Disease Registry Railroad Retirement Act: Evidence required for payment, 19829 Transportation Department See Coast Guard Reclamation Bureau See Federal Aviation Administration NOTICES See Federal Highway Administration Meetings: Conservation Advisory Group, Yakima River Basin Water See Transportation Statistics Bureau Enhancement Project, 19924 Transportation Statistics Bureau Rural Business-Cooperative Service NOTICES NOTICES Agency information collection activities: Agency information collection activities: Proposed collection; comment request, 19961–19962 Proposed collection; comment request, 19867 Submission for OMB review; comment request, 19962 Rural Housing Service Uniformed Services University of the Health Sciences NOTICES Agency information collection activities: NOTICES Proposed collection; comment request, 19867 Meetings; Sunshine Act, 19880 Rural Utilities Service NOTICES Separate Parts In This Issue Agency information collection activities: Proposed collection; comment request, 19867 Part II Securities and Exchange Commission Environmental Protection Agency, 19963–19993 NOTICES Investment Company Act of 1940: Part III Exemption applications— Department of Justice, U.S. Parole Commission, 19995– Boston 1784 Funds et al., 19941–19944 20011 Endeavor Series Trust et al., 19950–19952 ING Variable Insurance Trust et al., 19944–19950 Part IV Applications, hearings, determinations, etc.: General Services Administration, 20013–20032 BriteSmile, Inc., 19944 Small Business Administration Part V NOTICES Department of Education, 20033–20057 Interest rates; quarterly determinations, 19952 Part VI Substance Abuse and Mental Health Services Department of Health and Human Services, Public Health Administration Service, 20059–20062 NOTICES Meetings: SAMHSA special emphasis panels, 19916 Reader Aids Textile Agreements Implementation Committee Consult the Reader Aids section at the end of this issue for See Committee for the Implementation of Textile phone numbers, online resources, finding aids, reminders, Agreements 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.
3 CFR Proclamations: 7288...... 19819 7289...... 19821 7290...... 19823 5 CFR Proposed Rules: 1605...... 19862 7 CFR 29...... 19825 14 CFR 71 (3 documents) ...... 19826, 19827, 19828 20 CFR 219...... 19829 21 CFR 5...... 19829 868...... 19833 878...... 19835 884...... 19833 890...... 19833 28 CFR 2...... 19996 Proposed Rules: 2...... 20006 33 CFR 117...... 19836 40 CFR 52 (3 documents) ...... 19836, 19836, 19992 180...... 19842 Proposed Rules: 52 (3 documents) ...... 19864, 19865, 19964 41 CFR Proposed Rules: 101-44...... 20014 102-37...... 20014 48 CFR 213...... 19849 225...... 19849 226...... 19854 235...... 19859 242...... 19849 252 (2 documents) ...... 19849, 19859 Proposed Rules: 204 (2 documents) ...... 19865, 19866 252...... 19866 50 CFR 635...... 19860
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Federal Register Presidential Documents Vol. 65, No. 72
Thursday, April 13, 2000
Title 3— Proclamation 7288 of April 8, 2000
The President Pan American Day and Pan American Week, 2000
By the President of the United States of America
A Proclamation
This year on Pan American Day and during Pan American Week, we celebrate the springtime of a new century in which the fundamental ideals of democracy and human rights are blossoming across our hemisphere. We stand at the threshold of a new era of economic development and prosperity with a common determination to meet the challenges and seize the opportunities that face the Americas. Building on the agreements forged at the last two Summits of the Americas in Miami and Santiago, we are witnessing unprecedented cooperation within our hemisphere. Efforts such as the negotiations on a Free Trade Area of the Americas, now progressing toward a concrete agreement in 2005, exemplify our commitment to building a self-sustaining and widely shared prosperity. We continue to work creatively through the Organization of American States to encourage constitutional solutions to political crises such as those that occurred in Paraguay and Ecuador. And we have witnessed elections in our region that were models of civic participation and a testament to the strength and vibrancy of democratic government in the Western Hemi- sphere. Such achievements illustrate that the well-being of our neighbors is fundamental to our own security and prosperity. We look forward to the Third Summit of the Americas in Quebec City, where the democratically elected leaders of 34 nations from North, Central, and South America will gather to review our progress, identify new challenges, and further enhance our cooperation. Even with our significant progress, however, challenges remain. The 34 free and democratically elected nations of this hemisphere must work to- gether to ensure that Cuba, the only country that has not embraced our common vision, becomes a member of our community of democracies. By doing so, we can ensure that all the people in our hemisphere share in the blessings of freedom and in the promise of the global economy, living and working and raising their families in dignity and with hope for the future. NOW, THEREFORE I, WILLIAM J. CLINTON, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim Friday, April 14, 2000, as Pan American Day and April 9 through April 15, 2000 as Pan American Week. I urge the Governors of the 50 States, the Governor of the Common- wealth of Puerto Rico, and the officials of other areas under the flag of the United States to honor these observances with appropriate ceremonies and activities.
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IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of April, in the year of our Lord two thousand, and of the Independence of the United States of America the two hundred and twenty-fourth. œ–
[FR Doc. 00–9330 Filed 4–12–00; 8:45 am] Billing code 3195–01–P
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Proclamation 7289 of April 8, 2000
National Former Prisoner of War Recognition Day, 2000
By the President of the United States of America
A Proclamation
As we stand at the dawn of a new century, we reflect with pride on all that our Nation has accomplished in the 224 years since we first declared our independence. Today we enjoy unprecedented peace and prosperity, and, as it has for generations, America shines as a beacon of democracy, freedom, and opportunity for peoples around the world. Yet the blessings we rejoice in today were won at great cost. Millions of young Americans who stepped forward in times of crisis or conflict to defend our Nation and uphold our values around the world sacrificed their freedom and lost their lives. The century just past will forever be known as the American century, not only because of our economic strength, military might, and technological prowess, but also because of the character, determination, and indomitable spirit our people demonstrated time and again. That character and spirit have never been more evident than when Ameri- cans have been held captive as prisoners of war. Suffering hunger, fear, isolation, and uncertainty, stripped of their freedom and often subjected to physical and psychological torture, American POWs nonetheless continued to serve our Nation with honor, dignity, and remarkable courage. For many, the long, agonizing days stretched into years, and the loss of freedom and the cruel separation from family, home, and friends left scars that the passage of time can never erase. We owe a profound debt of gratitude to these heroes who stood face to face with the forces of tyranny and oppression, true to our country and to the spirit of freedom even in captivity. We owe a debt as well to their families, whose faith and fortitude have been an unceasing source of strength to our Nation in many of our darkest hours. As we observe this special day for the first time in this new century, let us remember and honor the sacrifices of America’s prisoners of war and their families; and let us keep faith with them by remaining resolute in defending liberty and securing a just and peaceful world for the generations to come. NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim April 9, 2000, as National Former Prisoner of War Recognition Day. I call upon all Americans to join me in remembering former American prisoners of war who suffered the hardships of enemy captivity. I also call upon Federal, State, and local government officials and private organizations to observe this day with appropriate ceremonies, programs, and activities.
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IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of April, in the year of our Lord two thousand, and of the Independence of the United States of America the two hundred and twenty-fourth. œ–
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Proclamation 7290 of April 10, 2000
National Crime Victims’ Rights Week, 2000
By the President of the United States of America
A Proclamation
This week marks the 20th anniversary of National Crime Victims’ Rights Week. Over the past two decades, we have made enormous progress in our efforts to build safer communities and to reshape our criminal justice system so that it better protects victims’ rights and responds more compas- sionately to their needs. In the 7 years since I first proclaimed National Crime Victims’ Rights Week, my Administration has worked hard to achieve some of the most progressive criminal justice reforms in our Nation’s history. Recognizing the urgent plea from millions of Americans to restore safety and security to their neighborhoods, in 1994 I signed into law the Violent Crime Control and Law Enforcement Act, which funds 100,000 additional police officers to fight crime and protect our citizens. In Federal court cases, this law also gives victims of violent crime and sexual abuse the right to speak out in court before sentencing, providing them the opportunity to describe the impact such victimization has had on their lives. To help protect our communities from gun violence, we enacted the Brady Handgun Violence Prevention Act, requiring background checks for potential handgun pur- chasers. Since its passage, more than 500,000 attempted gun purchases by felons, fugitives, and other prohibited persons have been prevented, saving an untold number of lives. And we worked to pass the assault weapons ban to keep these deadly firearms off our streets. We also fought to pass the Violence Against Women Act, which addresses the complex dynamics of gender-motivated violence and seeks to ensure justice for women who live in daily fear for their safety and often for their lives. By providing support services for victims of domestic violence and sexual assault and empowering prosecutors with new tools to target offenders, we have sent a clear message that our society will not tolerate violence against women. Thanks to the concerted efforts of crime victims’ advocates, many of whom are survivors themselves, government at all levels is focused on ensuring victims’ rights. Today, all States have enacted laws safeguarding crime victims’ rights in the criminal justice process, and 32 States have amended their constitutions accordingly. Despite this progress, millions of Americans still fall prey to criminals each year. In the past year alone, gun violence alone has taken an enormous toll across our Nation. To address this, my Administration has proposed the 21st Century Policing Initiative to provide 50,000 more police officers for our streets, requested more funding for our Safe Schools/Healthy Students Initiative to reduce school and youth violence, and put forth the largest national gun enforcement initiative in our Nation’s history. I continue to call on the Congress to strengthen our Nation’s hate crime laws and to pass commonsense gun legislation to keep guns out of the wrong hands; and we should pass the Victims’ Rights Amendment to the Constitution.
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Criminal victimization is at its lowest level in 25 years, but we can do more. As we observe National Crime Victims’ Rights Week, as we near the fifth anniversary of the tragic bombing in Oklahoma City and the first anniversary of the shooting at Columbine High School, let us vow to continue working together to prevent crime and violence. Let us also pledge to honor the needs and rights of victims whose lives have been forever altered by crime. And let us recognize the courage and determination of the thousands of men and women across our country who dedicate themselves daily to the protection of victims’ rights. NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim April 9 to April 15, 2000, as National Crime Victims’ Rights Week. I urge all Americans to remember crime victims and their families by working to reduce violence, to assist those harmed by crime, and to make our communities and homes safer places in which to live and raise our families. IN WITNESS WHEREOF, I have hereunto set my hand this tenth day of April, in the year of our Lord two thousand, and of the Independence of the United States of America the two hundred and twenty-fourth. œ–
[FR Doc. 00–9332 Filed 4–12–00; 8:45 am] Billing code 3195–01–P
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Rules and Regulations Federal Register Vol. 65, No. 72
Thursday, April 13, 2000
This section of the FEDERAL REGISTER 96456, Washington, DC 20090–6456; or grading while tobacco inspectors are contains regulatory documents having general Fax: (202) 205–0235. grading tobacco on the auction applicability and legal effect, most of which SUPPLEMENTARY INFORMATION: The warehouse floor and that removed the are keyed to and codified in the Code of Department published in the Federal language allowing the producer to Federal Regulations, which is published under discuss the grading of their tobacco with 50 titles pursuant to 44 U.S.C. 1510. Register on September 27, 1999 (64 FR 51887) an interim final rule amending the inspector at the time grading is The Code of Federal Regulations is sold by the regulation at 7 CFR part 29, subpart being performed. the Superintendent of Documents. Prices of B. The Department requested comments This final rule has been determined to new books are listed in the first FEDERAL on the regulation. The comment period be ‘‘non significant’’ for purposes of REGISTER issue of each week. expired on November 26, 1999. AMS Executive Order 12866 and, therefore, received one comment from a buying has not been reviewed by the Office of segment of the tobacco industry favoring Management and Budget. DEPARTMENT OF AGRICULTURE the amendments. This final rule has been reviewed under Executive Order 12988, Civil Agricultural Marketing Service This final rule revises the regulation governing the mandatory inspection of Justice Reform. This action is not intended to have retroactive effect. This 7 CFR Part 29 tobacco pursuant to the provisions of the Tobacco Inspection Act (49 Stat. final rule will not preempt any State or [Docket No. TB±99±07] 741, 7 U.S.C. 511 et seq.). local laws, regulations, or policies, unless they present an irreconcilable RIN 0581±AB75 The Department received recommendations from the Flue-Cured conflict with this rule. There are no Tobacco Inspection; Subpart BÐ Tobacco Advisory Committee, the Five- administrative procedures which must Regulations State Flue-Cured Tobacco Committee, be exhausted prior to any judicial and industry representatives that challenge to the provisions of this rule. AGENCY: Agricultural Marketing Service, changes to the regulation in subpart B, Additionally, in conformance with USDA. § 29.81(a), Interference with inspectors, the provisions of the Regulatory ACTION: Final rule. is necessary to better eliminate Flexibility Act (5 U.S.C. 601 et seq.), full interference, distraction, and outside consideration has been given to the SUMMARY: The Department of influence on the grading of tobacco. potential economic impact upon small Agriculture (Department) is adopting as The prior regulation specified that, no business. All tobacco warehouses and a final rule, with minor formatting person, including the owner, producer, producers fall within the confines of changes, the provisions of an interim warehouseman, agent, or employee ‘‘small business’’ which are defined by final rule, the regulation governing the thereof shall attempt to influence, the Small Business Administration (13 mandatory inspection of tobacco that impede, or discuss any matter relating CFR 121.601) as those having annual added the term ‘‘purchaser’’ specifically to grading while the tobacco inspectors receipts of less than $500,000 and small to include in the regulatory text this are grading tobacco on the auction agricultural service firms are defined as segment of the industry from attempting warehouse floor. The interim final rule those whose annual receipts are less to influence, impede, or discuss any does not allow any member of the that $3,500,000. There are matter related to grading while the industry, including tobacco purchasers, approximately 190 tobacco warehouses tobacco inspectors are grading tobacco to discuss any matter pertaining to and approximately 30,000 producers on the auction warehouse floor and grading while the tobacco inspectors are and most warehouses and producers removed the language allowing the grading tobacco on the auction may be classified as small entities. producer to discuss the grading of their warehouse floor. Also, the interim final The Agricultural Marketing Service tobacco with the inspector at the time rule action removed language allowing has determined that this action will not grading is being performed. This rule a producer to discuss the grading of have a significant economic impact on incorporates recommendations made by their tobacco with the inspector at the a substantial number of small entities. the Flue-Cured Tobacco Advisory time grading is performed. While This rule continues revisions that Committee, the Five-State Flue-Cured producers are allowed to be present amended the regulation governing the Tobacco Committee, and industry when their tobacco is being graded, they mandatory inspection of tobacco that: representatives to clarify when it is cannot discuss the grade or attempt to (1) Added the term ‘‘purchaser’’ to allowable for someone to communicate influence or intimidate the inspector specifically include in the regulatory with the grading personnel while they during the performance of grading text this segment of the industry from are performing their actual duties. The duties. The interim final rule does not attempting to influence, impeding, or revisions better eliminate interference, preclude the producer from appealing discussing any matter relating to grading distraction, and outside influence on the the decision of the inspector after a while tobacco inspectors are grading grading of tobacco. grade has been assigned. tobacco on the auction floor and (2) EFFECTIVE DATE: May 15, 2000. This action finalizes the provisions of removed the language allowing a FOR FURTHER INFORMATION CONTACT: John the interim final rule, with minor producer from discussing grading of P. Duncan III, Deputy Administrator, formatting changes, that added the term their tobacco with the inspector at the Tobacco Programs, Agricultural ‘‘purchaser’’ specifically to include in time grading is being performed. Marketing Service (AMS), United States the regulatory text that segment of the Specifying the term ‘‘purchaser’’ in the Department of Agriculture (USDA), industry from attempting to influence, text of the regulation merely identifies Room 502 Annex Building, PO Box impede, or discuss any matter related to a segment of the industry already
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§ 71.1 [Amended] mile arc from the Point of Origin; thence east DEPARTMENT OF TRANSPORTATION 2. The incorporation by reference in along the 10-mile arc to the 156° bearing from 14 CFR 71.1 of the Federal Aviation the Point of Origin; thence southeast along Federal Aviation Administration Administration Order 7400.9G, Airspace the 156° bearing to the 15-mile arc from the Designations and Reporting Points, Point of Origin; thence counterclockwise on 14 CFR Part 71 the 15-mile arc to the intersection of the 15- dated September 1, 1999, and effective [Airspace Docket No. 00±ASO±5] September 16, 1999, is amended as mile arc and the Humble VORTAC 15-mile arc; thence counterclockwise along the follows: Amendment of Class E Airspace; Humble VORTAC 15-mile arc to the McMinnville, TN Paragraph 3000 Subpart B—Class B intersection of the 15-mile arc and Airspace ° ′ ″ Westheimer Road lat. 29 44 07 N., long. AGENCY: Federal Aviation * * * * * 95°28′47″ W.; thence southwest to and along Administration (FAA), DOT. SH 59 to the point of beginning, excluding ASW TX B Houston, TX (Revised) ACTION: Final rule. Area A. George Bush Intercontinental Airport (IAH) Area C. That airspace extending upward SUMMARY: This action amends Class E (Primary Airport) from 3,000 feet MSL to and including 10,000 (Lat. 29°58′50″ N., long. 95°20′23″ W.) airspace at McMinnville, TN. A Global feet MSL bounded by a line beginning at the William P. Hobby Airport (HOU) (Secondary Positioning System (GPS) Standard Airport) intersection of SH 59 and the Humble Instrument Approach Procedure (SIAP), (Lat. 29°38′44″ N., long. 95°16′44″ W.) VORTAC 20-mile DME arc; thence clockwise helicopter point in space approach, has along the Humble VORTAC 20-mile DME arc Ellington Field been developed for Columbia River Park ° ′ ″ ° ′ ″ to the intersection of the Humble VORTAC (Lat. 29 36 27 N., long. 95 09 32 W.) Hospital, McMinnville, TN. As a result, Humble VORTAC (IAH) 20-mile DME arc and Interstate 10 (I–10), (Lat. 29°57′25″ N., long. 95°20′45″ W.) west on I–10 to the 15-mile arc from the additional controlled airspace extending Point of Origin Point of Origin; thence counterclockwise upward from 700 feet Above Ground (Lat 29°39′01″ N., long. 95°16′45″ W.) along the 15-mile arc to the Humble Level (AGL) is needed to accommodate the SIAP. This action amends the Class Boundaries VORTAC 15-mile DME arc; thence counterclockwise along the Humble E5 airspace for McMinnville, TN, to the Area A. That airspace extending upward VORTAC 15-mile DME arc to the intersection east, in order to include the point in from the surface to and including 10,000 feet space approach serving Columbia River MSL bounded by a line beginning at the of the Humble VORTAC 15-mile DME arc intersection of the Humble VORTAC 8-mile and Westheimer Road; thence southwest to Park Hospital. DME arc and the 090° radial; thence and along SH 59 to the point of beginning; EFFECTIVE DATE: 0901 UTC, June 15, clockwise along the Humble VORTAC 8-mile and that airspace beginning at the 2000. DME arc to the Humble VORTAC 069° radial; intersection of the 15-mile arc and the 156° thence east along the Humble VORTAC 069° bearing from the Point of Origin; thence FOR FURTHER INFORMATION CONTACT: radial to the 10-mile arc of the Humble north along the 156° bearing to the 10-mile Nancy B. Shelton, Manager, Airspace VORTAC; thence clockwise along the 10-mile arc from the Point of Origin clockwise along Branch, Air Traffic Division, Federal arc to the Humble VORTAC 090° radial; the 10-mile arc to the 211° bearing from the Aviation Administration, P.O. Box thence west to the point of beginning; and Point of Origin; thence south along the 211° 20636, Atlanta, GA 30320; telephone that airspace bounded by a line beginning at bearing to intersect the 15-mile arc from the (404) 305–5627. lat. 29°45′37″ N., long. 95°21′58″ W.; to lat. ° ′ ″ ° ′ ″ Point of Origin to the point of beginning. SUPPLEMENTARY INFORMATION: 29 45 46 N., long. 95 11 47 W.; thence Area D. That airspace extending upward clockwise along the 8-mile arc from the Point from 4,000 feet MSL to and including 10,000 History of Origin to intercept the 056° bearing from the Point of Origin; thence southwest along feet MSL bounded by a line beginning at the On February 18, 2000, the FAA the 056° bearing to the 5.1-mile fix from the intersection of SH 59 and the Humble proposed to amend part 71 of the Point of Origin, thence direct to the Point of VORTAC 30-mile DME arc; thence clockwise Federal Aviation Regulations (14 CFR Origin 131° bearing/5.8-mile fix from the along the Humble VORTAC 30-mile DME arc part 71) by amending Class E airspace Point of Origin; thence southeast along the to the intersection of the Humble VORTAC at McMinnville, TN, (65 FR 8325). This ° 131 bearing from the Point of Origin to 30-mile arc and the 20-mile arc from the action provides adequate Class E Point of Origin; thence clockwise along the intercept the 7-mile arc from the Point of airspace for IFR operations at the Origin; thence clockwise on the 7-mile arc to 20-mile arc to SH 59; thence southwest on the 156° bearing from the Point of Origin; SH 59 to the point of beginning, excluding Columbia River Park Hospital. thence north along the 156° bearing to the 6- Areas B, C, and E. Designations for Class E airspace mile fix from the Point of Origin; thence Area E. That airspace extending upward extending upward from 700 feet or more ° clockwise along the 6-mile arc to the 211 from 2,500 feet MSL to and including 10,000 above the surface are published in bearing from the Point of Origin; thence paragraph 6005 of FAA Order 7400.9G, ° feet MSL bounded by a line beginning at the south along the 211 bearing from the Point intersection of the 15-mile arc from the Point dated September 1, 1999, and effective of Origin to the 8-mile arc from the Point of of Origin and SR 6; thence southeast along September 16, 1999, which is Origin; thence clockwise to the point of incorporated by reference in 14 CFR beginning. SR 6 to the intersection of SR 6 and FR 521; Area B. That airspace extending upward thence south along FR 521 to the intersection part 71.1. The Class E designation listed from 2,000 feet MSL to and including 10,000 of FR 521 and the 15-mile arc from the Point in this document will be published feet MSL bounded by a line beginning at the of Origin; thence counterclockwise along the subsequently in the Order. intersection of State Highway 59 (SH 59) and 15-mile arc from the Point of Origin to the Interested parties were invited to the 15-mile arc from the Point of Origin; point of the beginning. participate in this rulemaking thence counterclockwise along the 15-mile * * * * * proceeding by submitting written arc to State Road 6 (SR 6); thence southeast Issued in Washington, DC, on April 6, comments on the proposal to the FAA. along SR 6 to the intersection of SR 6 and No comments objecting to the proposal Farm Road 521 (FR 521); thence south along 2000. wee received. FR 521 to the intersection of FR 521 and the Reginald C. Matthews, 15-mile arc from the Point of Origin; thence Manager, Airspace and Rules Division. The Rule counterclockwise along the 15-mile arc to the 211° bearing from the Point of Origin; thence [FR Doc. 00–9145 Filed 4–12–00; 8:45 am] This amendment to part 71 of the northeast along the 211° bearing to the 10- BILLING CODE 4910±13±P Federal Aviation Regulations (14 CFR
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Notice and comment about the Office of Information Resources Division of Disclosure and Oversight amendments are not necessary under Management. Management. the Administrative Procedure Act Office of Financial Management. Division of Manufacturers Assistance because this is a rule of agency Office of Facilities, Acquisitions, and and Training. organization (5 U.S.C. 553(b)). Central Services.2 Division of Communication and Center for Biologics Evaluation and Consumer Affairs. List of Subjects in 21 CFR Part 5 Research.3 Office of Biostatistics and Authority delegations (Government Office of the Center Director. Epidemiology. agencies), Imports, Organization and Scientific Advisors and Consultants Division of Biostatistics. functions (Government agencies). Staff. Division of Epidemiology. Therefore, under the Federal Food, Equal Employment Opportunity and Center for Food Safety and Applied Drug, and Cosmetic Act and under Workforce Diversity Staff. Nutrition.4 authority delegated to the Commissioner Quality Assurance Staff. Office of the Center Director. of Food and Drugs, 21 CFR part 5 is Regulations and Policy Staff. Food Safety Initiatives Staff. amended as follows: Veterinary Services Staff. Senior Science Advisor’s Staff. Office of Management. Office of Regulations and Policy. PART 5ÐDELEGATIONS OF Regulatory Information Management Regulations Coordination Staff. AUTHORITY AND ORGANIZATION Staff. Office of Constituent Operations. Division of Planning, Evaluation, and Consumer Education Staff. 1. The authority citation for 21 CFR Budget. International Activities Staff. part 5 continues to read as follows: Division of Management Services. Industry Activities Staff. Authority: 15 U.S.C. 504, 552, App. 2; 7 Office of Information Technology Office of Management Systems. U.S.C. 138a, 2271; 15 U.S.C. 638, 1261–1282, Management. Safety Management Staff. 3701–3711a; 15 U.S.C. 1451–1461; 21 U.S.C. Division of Information Technology Division of Information Resources 41–50, 61–63, 141–149, 321–394, 467f, Operations. 679(b), 801–886, 1031–1309; 35 U.S.C. 156; Management. Division of Information Technology Division of Planning and Financial 42 U.S.C. 241, 242, 242a, 242l, 242n, 243, Development. 262, 263, 264, 265, 300u–300u–5, 300aa–1; Resources Management. 1395y, 3246b, 4332, 4831(a), 10007–10008; Division of Information Technology Division of Management Operations. E.O. 11921, 41 FR 24294, 3 CFR, 1977 Comp., Infrastructure. Division of Administrative Services p. 124–131; E.O. 12591, 52 FR 13414, 3 CFR, Office of Compliance and Biologics Management. 1988 Comp., p. 220–223. Quality. Office of Operations. Team Biologics Liaison Staff. Equal Employment Opportunity Staff. 2. Section 5.200 is revised to read as Advertising and Promotional Labeling follows: Executive Operations Staff. Staff. Office of Cosmetics and Colors. § 5.200 Headquarters. Division of Case Management. Division of Programs and The central organization of the Food Division of Manufacturing and Enforcement Policy. and Drug Administration consists of the Product Quality. Division of Science and Applied following: Division of Inspections and Technology. Office of the Commissioner.1 Surveillance. Office of Nutritional Products, Office of the Chief Counsel. Office of Blood Research and Review. Labeling, and Dietary Supplements. Office of Equal Opportunity. Human Tissue Staff. Clinical Research and Review Staff. Policy and Publications Staff. Office of the Administrative Law Division of Compliance and Division of Emerging and Transfusion Judge. Enforcement. Transmitted Diseases. Office of the Senior Associate Division of Standards and Labeling Division of Hematology. Commissioner. Regulations. Division of Blood Applications. Division of Nutrition Science Policy. Office of Executive Secretariat. Office of Therapeutics Research and Office of Public Affairs. Division of Research and Applied Review. Office of the Ombudsman. Division of Cellular and Gene Technology. Office of Premarket Approval. Office of Orphan Products Therapies. Development. Division of Therapeutic Proteins. Division of Product Policy. Office of Internal Affairs. Division of Monoclonal Antibodies. Division of Petition Control. Office of Executive Operations. Division of Clinical Trial Design and Division of Health Effects Evaluation. Office of International and Analysis. Division of Molecular Biological Constituent Relations. Division of Application Review and Research and Evaluation. Office of International Programs. Policy. Division of Product Manufacture and Office of Consumer Affairs. Office of Vaccines Research and Use. Office of Women’s Health. Review. Office of Plant and Dairy Foods and Office of Special Health Issues. Division of Bacterial, Parasitic, and Beverages. Office of Policy, Planning, and Allergenic Products. Division of Virulence Assessment. Legislation. Division of Viral Products. Division of Pesticides and Industrial Office of Policy. Division of Vaccines and Related Chemicals. Office of Planning. Products Applications. Division of Natural Products. Office of Legislation. Office of Communication, Training, Division of Food Processing and Office of Management and Systems. and Manufacturers Assistance. Packaging. Office of Human Resources and Division of Plant Product Safety. Management Services. 2 Mailing address: 5630 Fishers Lane, Rockville, Division of Dairy and Egg Safety. MD 20852. 1 Mailing address: 5600 Fishers Lane, Rockville, 3 Mailing address: 1401 Rockville Pike, Rockville, 4 Mailing address: 200 C St. SW., Washington DC MD 20857. MD 20852–1448. 20204.
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Division of Risk Assessment. Division of Neuropharmacological Division of Applied Pharmacology Office of Seafood. Drug Products. Research.8 Division of Special Programs. Division of Oncology Drug Products. Division of Testing and Applied Division of Programs and Office of Drug Evaluation II.1 Analytical Development.9 Enforcement Policy. Division of Metabolic and Endocrine Division of Product Quality Division of Science and Applied Drug Products. Research.1 Technology. Division of Pulmonary and Allergy Office of Regulatory Affairs.1 Office of Special Research Skills. Drug Products. Contaminants Policy Coordination Division of Toxicology Research. Division of Anesthetic, Critical Care, Staff. Division of Microbiological Studies. and Addiction Drug Products. Equal Employment Opportunity Staff. Office of Field Programs. Office of Drug Evaluation III.1 Strategic Initiatives Staff. Division of Enforcement and Division of Gastrointestinal and Office of Resource Management. Programs. Coagulation Drug Products. Division of Planning, Evaluation, and Division of HACCP Programs. Division of Medical Imaging and Management. Division of Cooperative Programs. Radiopharmaceutical Drug Products. Division of Information Systems. Office of Scientific Analysis and Division of Reproductive and Division of Human Resource Support. Urologic Drug Products. Development. Office of Drug Evaluation IV. Division of General Scientific Division of Management Operations. Division of Anti-Infective Drug Support. Division of Personnel Operations. Products. Office of Enforcement. Division of Mathematics. Division of Anti-Viral Drug Products. Division of Market Studies. Medical Products Quality Assurance Division of Special Pathogen and Staff. Center for Drug Evaluation and Immunologic Drug Products. Office of 1 Division of Compliance Management Research. Drug Evaluation V. Office of the Center Director. and Operations. Division of Anti-Inflammatory, Division of Compliance Policy. Equal Employment Opportunity Staff. Analgesic, and Opthalmologic Drug Executive Operations Staff. Office of Regional Operations. Products. Division of Federal-State Relations. Regulatory Policy Staff. Division of Dermatologic and Dental Office of Management.1 Division of Field Science. Drug Products. Division of Emergency and Strategic Planning Staff.5 Division of Over-the-Counter Drug Division of Management and Budget.5 Investigational Operations. Products. Division of Import Operations and Division of Management Services.5 1 Office of Biostatistics. Policy. Office of Training and Quantitative Methods Research Staff. Communication.1 Office of Criminal Investigations. Division of Biometrics I. Mid-Atlantic Area Office.10 Division of Communications Division of Biometrics II. Midwest Area Office.11 Management. Division of Biometrics III. Northeast Area Office.12 Office of Post-Marketing Drug Risk Division of the Medical Library. Pacific Area Office.13 Assessment. Division of Training and Southeast Area Office.14 Development. Extramural Programs Staff. 15 Information Technology Staff. Southwest Area Office. Division of Freedom of Information. Center for Veterinary Medicine.16 6 Division of Drug Risk Evaluation I. Office of Compliance. Office of the Center Director. Division of Manufacturing and Division of Drug Risk Evaluation II. 1 Office of Management and Product Quality. Office of Pharmaceutical Science. Quality Implementation Staff.1 Communications. Division of Prescription Drug 1 Administrative Staff. Compliance and Surveillance. Operations Staff. Office of Clinical Pharmacology and Communications Staff. Division of Labeling and Non- Biopharmaceutics. Program Planning and Evaluation Prescription Drug Compliance. Staff. 1 Pharmacometrics Staff. Office of Information Technology. Division of Pharmaceutical Evaluation Information Resources Management Quality Assurance Staff. I.1 Staff. Technology Support Services Staff. Division of Pharmaceutical Evaluation Office of New Animal Drug Division of Data Management and II.1 Evaluation. Services. Division of Pharmaceutical Evaluation Division of Therapeutic Drugs for Division of Applications Development III.1 Food Animals. and Services. Office of Generic Drugs.5 Division of Infrastructure Division of Bioequivalence. 8 Mailing address: 8308 Muirkirk Rd., Laurel, MD Management and Services. Division of Chemistry I. 20708. Office of Medical Policy.1 Division of Chemistry II. 9 Mailing address: 1114 Market St., St. Louis, MO 63101. Division of Drug Marketing, Division of Labeling and Program 10 1 Mailing address: 900 U.S. Courthouse, Second Advertising, and Communication Support. Chestnut St., Philadelphia, PA 19106. 6 1 Division of Scientific Investigations. Office of New Drug Chemistry. 11Mailing address: 901 Warrenville Rd., suite 360, Office of Review Management.1 Division of New Drug Chemistry I.1 Lisle, IL 60532. Advisors and Consultants Staff.2 Division of New Drug Chemistry II.1 12 Mailing address: 850 Third Ave., Brooklyn, NY Office of Drug Evaluation I.1 Division of New Drug Chemistry III.1 11232. 13 Division of Cardio-Renal Drug Office of Testing and Research.1 Mailing address: 13301 Clay St., Oakland, CA Regulatory Research and Analysis 94512. Products. 14 Mailing address: 60 Eighth St. NE., Atlanta, GA Staff. 30309. 7 5 Mailing address: 7500 Standish Pl., Rockville, Laboratory of Clinical Pharmacology. 15 Mailing address: 7920 Elmbrook Rd., Dallas, MD 20855. TX, 75247. 6 Mailing address 7520 Standish Pl., Rockville, 7 Mailing address: Four Research Ct., Rockville, 16 Mailing address: 7500 Standish Pl., MPN–2, MD 20855. MD 20850. Rockville, MD 20855.
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Division of Biometrics and Production Program Operations Staff. § 5.215 Field structure. Drugs. Regulations Staff. NORTHEAST REGION Division of Therapeutic Drugs for Staff College. Non-Food Animals. Division of Device User Programs and Regional Field Office: 850 Third Ave., Division of Human Food Safety. Systems Analysis. Brooklyn, NY 11232. Division of Manufacturing Division of Small Manufacturers Northeast Regional Laboratory: 850 Technologies. Assistance. Third Ave., Brooklyn, NY 11232–1593. Office of Surveillance and Division of Mammography Quality New York District Office: 850 Third Compliance. and Radiation Programs. Ave., Brooklyn, NY 11232–1593. Division of Surveillance. Division of Communication Media. New England District Office: One Division of Animal Feeds. Office of Surveillance and Biometrics. Montvale Ave., Stoneham, MA 02180. Division of Compliance. Issues Management Staff. Winchester Engineering and Division of Epidemiology. Division of Biostatistics. Analytical Center: 109 Holton St., Office of Research. Division of Postmarket Surveillance. Winchester, MA 01890. Administrative Staff. Division of Surveillance Systems. CENTRAL REGION Division of Residue Chemistry. National Center for Toxicological Division of Animal Research. Research.18 Regional Field Office: U.S. Division of Animal and Food Office of the Center Director. Customhouse, Second and Chestnut Microbiology. Environmental Health and Program Sts., rm. 900, Philadelphia, PA 19106. Center for Devices and Radiological Assurance Staff. Philadelphia District Office: U.S. Health.17 Office of Research. Customhouse, Second and Chestnut Office of the Center Director. Technology Advancement Staff. Sts., rm. 900, Philadelphia, PA 19106. Equal Employment Opportunity Staff. Division of Biochemical Toxicology. Baltimore District Office: 900 Madison Office of Systems and Management. Division of Genetic and Reproductive Ave., Baltimore, MD 21201–2199. Integrity Committee and Conference Toxicology. Cincinnati District Office: 6751 Steger Management Staff. Division of Biometry and Risk Dr., Cincinnati, OH 45237–3097. Division of Management Operations. Assessment. Forensic Chemistry Center: 1141 Division of Information Division of Microbiology. Central Pkwy., Cincinnati, OH 45202– Dissemination. Division of Chemistry. 1097. Division of Information Technology Division of Neurotoxicology. New Jersey District Office: Waterview Management. Division of Veterinary Services. Corporate Center, 10 Waterview Blvd., Division of Planning, Analysis, and Division of Molecular Epidemiology. 3d Floor, Parsippany, NJ 07054. Finance. Office of Management. Chicago District Office: 300 South Office of Compliance. Office of Management Services. Riverside Plaza, suite 550, South Promotion and Advertising Policy Contracts and Procurement Staff. Chicago, IL 60606. Staff. Division of Facilities, Engineering, Detroit District Office: 1560 East Division of Bioresearch Monitoring. and Maintenance. Jefferson Ave., Detroit, MI 48207–3179. Division of Program Operations. Division of Administrative Services. Minneapolis District Office: 240 Division of Enforcement I. Office of Planning, Finance and Hennepin Ave., Minneapolis, MN Division of Enforcement II. Information Technology. 55401–1912. Division of Enforcement III. Division of Planning. SOUTHEAST REGION Office of Device Evaluation. Division of Financial Management. Program Management Staff. Division of Information Technology. Regional Field Office: 60 Eighth St. Program Operations Staff. 3. Section 5.210 is revised to read as NE., Atlanta, GA 30309. Division of Cardiovascular, follows: Southeast Regional Laboratory: 60 Respiratory, and Neurological Devices. Eighth St. NE., Atlanta, GA 30309. Division of Reproductive, Abdominal, § 5.210 FDA Public Information Offices. Atlanta District Office: 60 Eighth St. Ear, Nose, Throat, and Radiological (a) Dockets Management Branch NE., Atlanta, GA 30309. Devices. (HFA–305). The Dockets Management Nashville District Office: 297 Plus Division of General and Restorative Branch Public Room is located in rm. Park Blvd., Nashville, TN 37217. Devices. 1061, 5630 Fishers Lane, Rockville, MD New Orleans District Office: 4298 Division of Clinical Laboratory 20852. Telephone: 301–827–6860. Elysian Fields Ave., New Orleans, LA Devices. (b) Freedom of Information Staff 70122. Division of Ophthalmic Devices. (HFI–35). The Freedom of Information Florida District Office: 555 Winderley, Division of Dental, Infection Control, Public Room is located in rm. 12A–30, suite 200, Maitland, FL 32751. and General Hospital Devices. Parklawn Bldg., 5600 Fishers Lane, San Juan District Office: 466 Office of Science and Technology. Rockville, MD 20857. Telephone: 301– Fernandez Juncos Ave., San Juan, PR Division of Mechanics and Materials 827–6567. 00901–3223. (c) Press Relations Staff (HFI–40). The Science. SOUTHWEST REGION Division of Life Sciences. Press Offices are located in rm. 15–05, Division of Physical Sciences. Parklawn Bldg., 5600 Fisher Lane, Regional Field Office: 7920 Elmwood Division of Electronics and Computer Rockville, MD 20857. Telephone: 301– Rd., suite 102, Dallas, TX 75247–4982. Sciences. 827–6242; and in rm. 3807, FB–8, 200 Dallas District Office: 3310 Live Oak Division of Management Information C St. SW., Washington, DC 20204. St., Dallas, TX 75204. and Support Services. Telephone 202–205–4144. Denver District Office: Bldg. 20, Office of Health and Industry 4. Section 5.215 is revised to read as Denver Federal Center, Sixth and Programs. follows: Kipling Sts., P.O. Box 25087, Denver, CO 80225–0087. 17 Mailing address: 9200 Corporate Blvd., 18 Mailing address: 3900 NCTR Dr., Jefferson, AR Kansas City District Office: 11630 Rockville, MD 20850. 72079. West 80th St., Lenexa, KS 66214–3338.
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St. Louis Branch:12 Sunnen Dr., suite FOR FURTHER INFORMATION CONTACT: has deemed the reclassification petition 122, St. Louis, MO 63143–3800. Janet L. Scudiero, Center for Devices withdrawn. Arkansas Regional Laboratory: 3900 and Radiological Health (HFZ–410), II. Findings With Respect to Risks and NCTR Rd., Bldg. 14–T, rm. 104, Food and Drug Administration, 9200 Benefits Jefferson, AR 72079–9502. Corporate Blvd., Rockville, MD 20850, 301–594–1184. Under section 515(b)(3) of the act, PACIFIC REGION FDA is adopting the findings it Regional Field Office: 1301 Clay St., SUPPLEMENTARY INFORMATION: published in the proposed rule. As suite 1180–N, Oakland, CA 94612–5217. I. Background required by section 515(b) of the act, San Francisco District Office: 1431 FDA published its findings regarding: Harbor Bay Pkwy., Alameda, CA 94502– In the Federal Register of August 18, (1) The degree of risk of illness or injury 7070. 1998 (63 FR 44177), FDA published a designed to be eliminated or reduced by Los Angeles District Office: 19900 proposed rule to require the filing under requiring that these devices have an MacArthur Blvd., suite 300, Irvine, CA section 515(b) of the Federal Food, approved PMA or a declared completed 92715. Drug, and Cosmetic Act (the act) (21 PDP; and (2) the benefits to the public Seattle District Office: P.O. Box 3012, U.S.C. 360e(b)), of a PMA or a notice of from the use of the devices. Bothell, WA 98021–3012. completion of a PDP for three These findings are based on the Pacific Regional Laboratory, SW.: preamendment class III devices. In reports and recommendations of the 1521 West Pico Blvd., Los Angeles, CA accordance with section 515(b)(A)(2) of advisory committees (the panels) for 90015–2488. the act, FDA included in the preamble these devices, the Anesthesiology and Pacific Regional Laboratory, NW.: to the proposal the agency’s proposed Respiratory Devices Panel, the 22201 23d Dr. SE., Bothell, WA 98021– findings with respect to the degree of Obstetrical and Gynecological Devices 4421. risk of illness or injury designed to be Panel, and the Orthopedic and eliminated or reduced by requiring the Rehabilitation Devices Panel for the Dated: April 5, 2000. classification of the devices along with William K. Hubbard, devices to meet the premarket approval requirements of the act, and the benefits any additional information that FDA Senior Associate Commissioner for Policy, discovered. Additional information can Planning, and Legislation. to the public from use of the devices. The proposed rule also provided an be found in the proposed and final rules [FR Doc. 00–9126 Filed 4–12–00; 8:45 am] opportunity for interested persons to classifying these devices published in BILLING CODE 4160±01±F submit comments on the proposed rule the Federal Register of November 2, and the agency’s findings. Under section 1979 (44 FR 63292), and July 16, 1982 515(b)(2)(B) of the act, FDA provided an (47 FR 31130), for the lung water DEPARTMENT OF HEALTH AND monitor; April 3, 1979 (44 FR 19894), HUMAN SERVICES opportunity for interested persons to request a change in the classification of and February 26, 1980 (45 FR 12682), for the powered vaginal muscle Food and Drug Administration the device based on new information relevant to its classification. If anyone stimulator; and August 28, 1979 (44 FR 50458), and November 23, 1983 (48 FR 21 CFR Parts 868, 884, and 890 wanted to submit a petition requesting a change in the classification of the 53032), for the stair-climbing [Docket No. 98N±0564] three devices, they were required to wheelchair. submit it by September 2, 1998. The III. The Final Rule Medical Devices; Effective Date of comment period closed November 16, Requirement for Premarket Approval Under section 515(b)(3) of the act, 1998. for Three Preamendment Class III FDA is adopting the findings as Devices FDA received no comments on the published in the preamble to the proposed rule. FDA received one citizen proposed rule and issuing this final rule AGENCY: Food and Drug Administration, petition requesting a change in the to require premarket approval of these HHS. classification of the stair-climbing generic types of devices for class III ACTION: Final rule. wheelchair from class III to class II. FDA preamendment devices by revising parts reviewed the petition and determined 868, 884, and 890 (21 CFR parts 868, SUMMARY: The Food and Drug that there was not sufficient information 884, and 890). Administration (FDA) is issuing a final to establish special controls to Under the final rule, a PMA or a rule to retain three class III reasonably assure the safety and notice of completion of a PDP is preamendment devices in class III and effectiveness of the device. FDA required to be filed on or before July 12, to require the filing of a premarket informed the petitioner in a letter dated 2000, for any of these class III approval application (PMA) or a notice May 10, 1999, that if additional preamendment devices that were in of completion of a product development information was submitted under commercial distribution before May 28, protocol (PDP) for the following devices: section 513(e) of the act (21 U.S.C. 1976, or that have been found by FDA The lung water monitor, the powered 360c(e)) within 30 days to support the to be substantially equivalent to such a vaginal muscle stimulator, and the stair- reclassification of the device, FDA device on or before July 12, 2000. An climbing wheelchair. The agency has would review the information. FDA also approved PMA or a declared completed summarized its findings regarding the stated that if the petitioner did not PDP is required to be in effect for any degree of risk of illness or injury submit additional information within 30 such devices on or before 180 days after designed to be eliminated or reduced by days to show that sufficient information FDA files the application. Any other requiring the devices to meet the is available to establish special controls class III preamendment device subject to statute’s approval requirements and the to reasonably assure the safety and this rule that was not in commercial benefits to the public from the use of the effectiveness of the device, FDA would distribution before May 28, 1976, is devices. deem the reclassification petition required to have an approved PMA or a DATES: This rule is effective April 13, withdrawn. FDA has not received any declared completed PDP in effect before 2000. new information from the petitioner and it may be marketed.
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If a PMA or a notice of completion of manufacturer is no longer interested in (c) Date PMA or notice of completion a PDP for any of these class III marketing this device because there is of a PDP is required. A PMA or a notice preamendment devices is not filed on or limited demand for it. Therefore, the of completion of a PDP for a device is before the 90th day past the effective agency certifies that the final rule will required to be filed with the Food and date of this regulation, that device will not have a significant impact on a Drug Administration on or before July be deemed adulterated under section substantial number of small entities. 12, 2000, for any powered vaginal 501(f)(1)(A) of the act (21 U.S.C. Therefore, under the Regulatory muscle stimulator for therapeutic use 351(f)(1)(A)), and commercial Flexibility Act, no further analysis is that was in commercial distribution distribution of the device will be required. before May 28, 1976, or that has, on or required to cease immediately. The before July 12, 2000, been found to be device may, however, be distributed for VI. Paperwork Reduction Act of 1995 substantially equivalent to a powered investigational use, if the requirements FDA concludes that this final rule of the investigational device exemption contains no collections of information. vaginal muscle stimulator that was in (IDE) regulations (21 CFR part 812) are Therefore, clearance by the Office of commercial distribution before May 28, met. Management and Budget under the 1976. Any other powered vaginal Paperwork Reduction Act of 1995 is not muscle stimulator for therapeutic use IV. Environmental Impact required. shall have an approved PMA or The agency has determined under 21 declared completed PDP in effect before CFR 25.30(h) that this action is of a type List of Subjects in 21 CFR Parts 868, being placed in commercial that does not individually or 884, and 890 distribution. cumulatively have a significant effect on Medical devices. the human environment. Therefore, Therefore, under the Federal Food, PART 890ÐPHYSICAL MEDICINE neither an environmental assessment Drug, and Cosmetic Act and under DEVICES nor an environmental impact statement authority delegated to the Commissioner is required. of Food and Drugs, 21 CFR parts 868, 5. The authority citation for 21 CFR part 890 continues to read as follows: V. Analysis of Impacts 884, and 890 are amended as follows: Authority: 21 U.S.C. 351, 360, 360c, 360e, FDA has examined the impacts of the PART 868ÐANESTHESIOLOGY 360j, 371. final rule under Executive Order 12866 DEVICES and the Regulatory Flexibility Act (5 6. Section 890.3890 is amended by 1. The authority citation for 21 CFR U.S.C. 601–612) (as amended by subtitle revising paragraph (c) to read as follows: D of the Small Business Regulatory part 868 continues to read as follows: Fairness Act of 1996 (Public Law 104– Authority: 21 U.S.C. 351, 360, 360c, 360e, § 890.3890 Stair-climbing wheelchair. 121)), and the Unfunded Mandates 360j, 371. * * * * * Reform Act of 1995 (Public Law 104–4). 2. Section 868.2450 is amended by (c) Date PMA or notice of completion Executive Order 12866 directs agencies revising paragraph (c) to read as follows: to assess all costs and benefits of of a PDP is required. A PMA or notice available regulatory alternatives and, § 868.2450 Lung water monitor. of completion of a PDP for a device when regulation is necessary, to select * * * * * described in paragraph (b) of this regulatory approaches that maximize (c) Date PMA or notice of completion section is required to be filed with the net benefits (including potential of a PDP is required. A PMA or a notice Food and Drug Administration on or economic, environmental, public health of completion of a PDP for a device is before July 12, 2000, for any stair- and safety, and other advantages; required to be filed with the Food and climbing wheelchair that was in distributive impacts; and equity). The Drug Administration on or before July commercial distribution before May 28, agency believes that this final rule is 12, 2000, for any lung water monitor 1976, or that has, on or before July 12, consistent with the regulatory that was in commercial distribution 2000, been found to be substantially philosophy and principles identified in before May 28, 1976, or that has, on or equivalent to a stair-climbing the Executive Order. In addition, the before July 12, 2000, been found to be wheelchair that was in commercial final rule is not a significant regulatory substantially equivalent to a lung water distribution before May 28, 1976. Any action as defined by the Executive Order monitor that was in commercial other stair-climbing wheelchair shall and so is not subject to review under the distribution before May 28, 1976. Any have an approved PMA or declared Executive Order. other lung water monitor device shall completed PDP in effect before being On August 14, 1996 (60 FR 41984), have an approved PMA or declared placed in commercial distribution. FDA issued an order under section completed PDP in effect before being 515(i) of the act requiring manufacturers placed in commercial distribution. Dated: April 3, 2000. of these three devices (among others) to Linda S. Kahan, submit information concerning the PART 884ÐOBSTETRICAL AND Deputy Director for Regulations Policy, Center safety and effectiveness of the devices. GYNECOLOGICAL DEVICES for Devices and Radiological Health. Manufacturers were required to comply [FR Doc. 00–9135 Filed 4–12–00; 8:45 am] with this order, if they wished to market 3. The authority citation for 21 CFR BILLING CODE 4160±01±F the device. FDA received no part 884 continues to read as follows: submissions in response to this order for Authority: 21 U.S.C. 351, 360, 360c, 360e, these three devices. Although one 360j, 371. manufacturer submitted a 4. Section 884.5940 is amended by reclassification petition for the stair- revising paragraph (c) to read as follows: climbing wheelchair in response to the proposed rule, the manufacturer did not § 884.5940 Powered vaginal muscle respond to requests for additional stimulator for therapeutic use. information. FDA believes that the * * * * *
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DEPARTMENT OF HEALTH AND information to show that general manufacturers to existing voluntary HUMAN SERVICES controls themselves will assure safety standards. and effectiveness, but for which there is After reviewing the data in the Food and Drug Administration sufficient information to establish petition and presented before the Panel, performance standards to provide such FDA agreed with the Panels 21 CFR Part 878 assurance. The SMDA broadened the recommendation that the 316L stainless steel sutures, and substantially [Docket No. 86P±0087] definition of class II devices to mean those devices for which there is equivalent devices of this generic type, Medical Devices; Reclassification and insufficient information to show that intended for use in abdominal wound Codification of the Stainless Steel general controls themselves will assure closure, intestinal anastomosis, hernia Suture safety and effectiveness, but for which repair, and sternal closure should be there is sufficient information to reclassified from class III to class II, and AGENCY: Food and Drug Administration, establish special controls to provide that the issuance of a performance HHS. such assurance, including performance standard for the device would be a low ACTION: Final rule. standards, postmarket surveillance, priority. patient registries, development and On July 30, 1986, FDA issued an order SUMMARY: The Food and Drug dissemination of guidelines, to the petitioner reclassifying the 316L Administration (FDA) is announcing recommendations, and any other stainless steel suture, and substantially that it has issued an order in the form appropriate actions the agency deems equivalent devices for this generic type, of a letter to Alto Development Corp. necessary (section 513(a)(1)(B) of the from class III into class II. Inadvertently, (the petitioner) reclassifying the 316L act). FDA neglected to announce the stainless steel suture for use in The 1976 amendments broadened the reclassification order in the Federal abdominal wound closure, intestinal definition of ‘‘device’’ in section 201(h) Register. anastomosis, hernia repair, and sternal of the act (21 U.S.C. 321(h)) to include Accordingly, as required by closure from class III (premarket certain articles that were once regulated § 860.136(b)(6), FDA is announcing the approval) to class II (special controls). as drugs. Under the 1976 amendments, reclassification of the generic 316L The order is being codified in the Code Congress classified all transitional stainless steel suture from class III to of Federal Regulations (CFR). Although devices, i.e., those devices previously class II. In addition, FDA is issuing this FDA reclassified the device in 1986, it regulated as new drugs, including final rule to codify the reclassification of inadvertently neglected to publish a stainless steel sutures, into class III. the device by adding new § 878.4495. notice of the reclassification in the On December 16, 1977, FDA Federal Register or codify the change in II. Environmental Impact published a notice in the Federal the CFR. The agency has determined under 21 Register (42 FR 63472), that identified CFR 25.34(b) that this action is of a type DATES: This rule is effective May 15, sutures as class III devices under the 2000. that does not individually or transitional provisions of the act for cumulatively have a significant effect on FOR FURTHER INFORMATION CONTACT: which premarket approval is required. the human environment. Therefore, Stephen P. Rhodes, Center for Devices Section 520(l)(2) of the act (21 U.S.C. neither an environmental assessment and Radiological Health (HFZ–410), 360j(l)(2)) provides that, in addition to nor an environmental impact statement Food and Drug Administration, 9200 the Secretary of Health and Human is required. Corporate Blvd., Rockville, MD 20850, Services, the manufacturer or importer 301–594–3090. of a device classified into class III under III. Analysis of Impacts SUPPLEMENTARY INFORMATION: the transitional provisions, may file a FDA has examined the impacts of the petition for reclassification of the device final rule under Executive Order 12866 I. Background into class I or class II. The procedures and the Regulatory Flexibility Act (5 The Federal Food, Drug, and Cosmetic for filing and review of petitions for U.S.C. 601–612) (as amended by subtitle Act (the act) (21 U.S.C. 321 et seq.), as reclassification of transitional devices D of the Small Business Regulatory amended by the Medical Device are set forth in § 860.136 (21 CFR Fairness Act of 1996 (Public Law 104– Amendments of 1976 (the 1976 860.136). 121), and the Unfunded Mandates amendments) (Public Law 94–295), the On February 21, 1986, FDA filed the Reform Act of 1995 (Public Law 104–4)). Safe Medical Devices Act of 1990 (the petition submitted by the petitioner, Executive Order 12866 directs agencies SMDA) (Public Law 101–629), and the requesting reclassification of the 316L to assess all costs and benefits of Food and Drug Administration stainless steel sutures from class III to available regulatory alternatives and, Modernization Act of 1997 (FDAMA) class II. FDA consulted with the General when regulation is necessary, to select (Public Law 105–115), established a and Plastic Surgery Devices Panel (the regulatory approaches that maximize comprehensive system for the regulation Panel) regarding reclassification of the net benefits (including potential of medical devices intended for human devices. During an open panel meeting economic, environmental, public health use. Section 513 of the act (21 U.S.C. on March 25, 1986, the Panel and safety, and other advantages; 360c) established three categories recommended that FDA reclassify the distributive impacts; and equity). The (classes) of devices, depending on the 316L stainless steel sutures intended for agency believes that this final rule is regulatory controls needed to provide use in abdominal wound closure, consistent with the regulatory reasonable assurance of their safety and intestinal anastomosis, hernia repair, philosophy and principles identified in effectiveness. The three categories of and sternal closure, from class III to the Executive Order. In addition, the devices are class I (general controls), class II. In addition, the Panel final rule is not a significant regulatory class II (special controls), and class III recommended that FDA assign a low action as defined by the Executive Order (premarket approval). priority for the development of a and so is not subject to review under the Under the 1976 amendments, class II performance standard based on the long Executive Order. devices were defined as those devices history of safe use of the device and the The Regulatory Flexibility Act for which there is insufficient conformance by stainless steel requires agencies to analyze regulatory
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I. Background monitoring site in 1995. In 1996 the CO State makes the required SIP submittal The CAA Amendments of 1990 were standard was exceeded once, at two and EPA takes final action to approve enacted on November 15, 1990. Under different monitoring sites. Both 1997 the submittal before April 13, 2002, Section 107(d)(1)(c) of the amended and 1998 had no exceedance. (section 110 (c) (1) of the Act). EPA The State had 18 months or until CAA, each CO area designated encourages the responsible parties in October 13, 1999, to submit a new State nonattainment prior to enactment of the Washington State to continue working Implementation Plan (SIP) 1990 Amendments, such as the Spokane together on the CO Plan which can demonstrating attainment of the CO area, was designated nonattainment by eliminate the need for potential NAAQS as expeditiously as practicable operation of law upon enactment of the sanctions and FIP. but no later than December 31, 2000, the 1990 Amendments. Under section 186 CAA attainment date for serious areas. II. Final Action (a) of the Act, each CO area designated Notwithstanding significant efforts by A. Finding of Failure To Submit nonattainment under section 107 (d) the Washington State Department of was also classified by operations of law Ecology, the Spokane County Air Today, EPA is making a finding of as either ‘‘moderate’’ or ‘‘serious’’ Pollution Control Authority and the failure to submit for the Spokane CO depending on the severity of the area’s Spokane Regional Transportation nonattainment area, due to failure of the air quality problem. CO areas with Authority to complete their CO SIP, the State to submit a SIP revision design values between 9.1 and 16.4 state has failed to meet the October 13, addressing the serious area CO parts per million (ppm), such as the 1999 deadline for the required SIP requirements of the CAA. Spokane area, were classified as submission. EPA is therefore compelled B. Effective Date Under the moderate. These nonattainment to find that the State of Washington has Administrative Procedures Act designations and classifications were failed to make the required SIP codified in 40 CFR part 81. See 56 FR submission for Spokane. The CAA EPA has issued this action as a 56846 (November 6, 1991). established specific consequences if rulemaking because the Agency has (1) The CO nonattainment area is the EPA finds that a State has failed to meet treated this type of action as rulemaking ‘‘Spokane urban area (as defined by the certain requirements of the CAA. Of in the past. However, EPA believes that Washington Department of particular relevance here is CAA section it would have the authority to issue this Transportation urban area maps).’’ 40 179(a)(1), the mandatory sanctions action in an informal adjudication, and CFR 81.348. provisions. Sections 179 (a) sets forth is considering which administrative States containing areas that were four findings that form the basis for process’rulemaking or informal classified as moderate nonattainment by applications of a sanction. The first adjudication’is appropriate for future operation of law under section 107 (d) finding, that a State has failed to submit actions of this kind. Because EPA is were required to submit SIPs designed a plan required under the CAA, is the issuing this action as a rulemaking, the to attain the CO NAAQS as finding relevant to this rulemaking. Administrative Procedures Act (APA) expeditiously as practicable but no later If Washington has not made the applies. Today’s action will be effective than December 31,1995. An attainment required complete submittal by October on April 13, 2000. Under the APA, 5 plan meeting most of the requirements 13, 2001, pursuant to CAA section 179 U.S.C. 553 (d) (3), agency rulemaking of the Act was submitted by Ecology to (a) and 40 CFR 52.31, the offset sanction may take effect before 30 days after the EPA as a revision to the State identified in CAA section 179 (b) will be date of publication in the Federal Implementation Plan (SIP) on January applied in the affected area. If the State Register if an agency has good cause to 22, 1993. Ecology submitted an has still not made a complete mandate an earlier effective date. additional SIP revision to EPA on April submission by April 13, 2002, then the Today’s action concerns a SIP 30, 1996. EPA approved a portion of the highway funding sanction will apply in submission that is already overdue and attainment plan submitted (the 1990 the affected area, in accordance with 40 the State is aware of applicable base year emission inventory, the CFR 52.31. In addition, CAA section 110 provisions of the CAA relating to vehicle miles traveled (VMT) tracking (c) provides that EPA must promulgate overdue SIPs. In addition, today’s action and forecasting provision, the VMT and a Federal Implementation Plan (FIP). simply starts a ‘‘clock’’ that will not Oxygenated fuel contingency measures (3) In a 1994 rulemaking, EPA result in sanctions for 18 months, and and the deletion of two unimplemented established the Agency’s selection of the that the State may ‘‘turn off’’ through transportation control measures). EPA sequence of these two sanctions: the the submission of a complete SIP deferred action on that part of the SIP offset sanction under section 179 (b) (2) submittal. These reasons support an revision which consisted of the Spokane shall apply at 18 months, followed 6 effective date prior to 30 days after the CO attainment demonstration and the months later by the highway sanction date of publication. emissions budget provision. See 62 FR under section 179 (b) (1) of the Act. EPA C. Notice-and-Comment Under the 49442 (September 22, 1997). does not choose to deviate from this Administrative Procedures Act (2) The moderate area SIP presumptive sequence in this instance. requirements are set forth in section 187 For more details on the timing and This document is a final agency (a) of the Act and differ depending on implementation of the sanctions, see 59 action, but is not subject to the notice- whether the area’s design value is below FR 39832 (August 4, 1994), and-comment requirements of the APA, or above 12.7 ppm. The Spokane area promulgating 40 CFR 52.31, ‘‘Selection 5 U.S.C. 533(b). EPA believes that has a design value above 12.7 ppm. 40 of sequence of mandatory sanctions for because of the limited time provided to CFR 81.348. findings made pursuant to section 179 make findings of failure to submit Effective April 13, 1998, (63 FR of the Clean Air Act.’’ regarding SIP submissions, Congress did 12007, March 12, 1998) the Spokane The sanctions will not take effect if, not intend such findings to be subject to area was reclassified as a serious before October 13, 2001, EPA finds that notice-and-comment rulemaking. nonattainment area for not meeting the the State has made a complete submittal However, to the extent such findings are moderate area attainment date of of a plan addressing the serious area CO subject to notice-and-comment December 31, 1995. EPA found that the requirements for Spokane. In addition, rulemaking, EPA invokes the good cause standard was exceeded four times at one EPA will not promulgate a FIP if the exception pursuant to the APA, 5 U.S.C.
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553(d)(3). Notice and comment are Comptroller General of the United DATES: This rule is effective on June 12, unnecessary because no EPA judgment States prior to publication of the rule in 2000, unless EPA receives relevant is involved in making a nonsubstantive the Federal Register. A major rule adverse written comments by May 15, finding of failure to submit SIPs cannot take effect until 60 days after it 2000. If EPA receives adverse comment, required by the CAA. Furthermore, is published in the Federal Register. it will publish a timely withdrawal of providing notice and comment would This action is not a ‘‘major rule’’ as the rule in the Federal Register and be impracticable because of the limited defined by 5 U.S.C. 804(2). This rule inform the public that the rule will not time provided under the statute for will be effective April 13, 2000. take effect. making such determinations. Finally, Under section 307(b)(1) of the Clean ADDRESSES: All comments should be notice and comment would be contrary Air Act, petitions for judicial review of addressed to: J. Elmer Bortzer, Chief, to the public interest because it would this action must be filed in the United Regulation Development Section, Air divert Agency resources from the States Court of Appeals for the Programs Branch (AR–18J), U.S. critical substantive review of submitted appropriate circuit by June 12, 2000. Environmental Protection Agency, 77 SIPs. See 58 FR 51270, 51272, note 17 Filing a petition for reconsideration by West Jackson Boulevard, Chicago, IL (October 1, 1993); 59 FR 39832, 39853 the Administrator of this final rule does 60604. (August 4, 1994). not affect the finality of this rule for the Copies of the State submittal and III. Administrative Requirements purposes of judicial review nor does it extend the time within which a petition other relevant documents used in As required by section 3 of Executive for judicial review may be filed, and support of this action are available at Order 12988 (61 FR 4729, February 7, shall not postpone the effectiveness of the following address for inspection 1996), in issuing this notice, EPA has such rule or action. This action may not during normal business hours: U.S. taken the necessary steps to eliminate be challenged later in proceedings to Environmental Protection Agency, drafting errors and ambiguity, minimize enforce its requirements. (See section Region 5, Air Programs Branch, Air and potential litigation, and provide a clear 307(b)(2).) Radiation Division, 77 West Jackson legal standard for affected conduct. EPA Boulevard, Chicago, IL 60604. has complied with Executive Order List of Subjects in 40 CFR Part 52 FOR FURTHER INFORMATION CONTACT: 12630 (53 FR 8859, March 15, 1988) by Environmental protection, Air Mary Portanova, USEPA Region 5, (312) examining the takings implications of pollution control, Carbon monoxide, 353–5954. the action in accordance with the Intergovernmental relations. ‘‘Attorney General’s Supplemental SUPPLEMENTARY INFORMATION: The Guidelines for the Evaluation of Risk Dated: March 20, 2000. Jane Moore, supplemental information is organized and Avoidance of Unanticipated in the following order: Takings’ issued under the executive Acting Regional Administrator, Region X. order. This action does not impose an [FR Doc. 00–7627 Filed 4–12–00; 8:45 am] I. What action is being taken in this document? information collection burden under the BILLING CODE 6560±50±P provisions of the Paperwork Reduction II. What is the SIP? III. Does approval of a variance create a Act of 1995 (44 U.S.C. 3501 et seq.). The permanent SIP revision? Office of Management and Budget ENVIRONMENTAL PROTECTION IV. What has changed in the Illinois SO2 SIP? (OMB) has exempted this regulatory AGENCY V. Why was this SIP revision requested? action from Executive Order 12866, VI. What are the National Ambient Air entitled ‘‘Regulatory Planning and 40 CFR Part 52 Quality Standards? Review.’’ [IL190±1a; FRL±6574±1] VII. What are the NAAQS for sulfur dioxide? The Congressional Review Act, 5 VIII. What are the requirements for SIP U.S.C. 801 et seq., as added by the Small Approval and Promulgation of Air approval? Business Regulatory Enforcement Quality Implementation Plans; Illinois; IX. Does this SIP revision request meet EPA’s requirements? Fairness Act of 1996, generally provides Approval of a Site-Specific Sulfur that before a rule may take effect, the X. What is EPA’s final rulemaking action? Dioxide Plan Revision for CILCO XI. Administrative Requirements. agency promulgating the rule must Edwards Station submit a rule report, which includes a I. What Action Is Being Taken in This copy of the rule, to each House of the AGENCY: Environmental Protection Document? Congress and to the Comptroller General Agency (EPA). of the United States. However, section ACTION: Direct final rule. EPA is approving a site-specific 808 provides that any rule for which the request to revise Illinois’ SO2 SIP for the issuing agency for good cause finds (and SUMMARY: On May 21, 1999, Illinois Central Illinois Light Company’s E. D. incorporates the finding and a brief submitted a site-specific sulfur dioxide Edwards Generating Station (CILCO statement of reasons therefore in the (SO2) State Implementation Plan (SIP) Edwards) in Bartonville, Peoria County, rule) that notice and public procedure revision request for the Central Illinois Illinois. The revision provides a new set thereon are impracticable, unnecessary Light Company’s Edwards Generating of SO2 emission limits for the plant’s or contrary to the public interest, shall Station in Peoria County, Illinois. The three boilers. These new limits were take effect at such time as the agency requested revision provides for a approved by the Illinois Pollution promulgating the rule determines. 5 temporary relaxation in the fuel quality Control Board (IPCB) as a variance from U.S.C. 808(2). As stated previously, EPA limit for one of the facility’s three State regulation 35 Illinois has made such a good cause finding, boilers, but adds an overall daily sulfur Administrative Code (IAC) 214.141 on including the reasons therefore, and dioxide emission cap for the three April 15, 1999. CILCO signed a established an effective date of April 13, boilers. The State’s submittal included certification of acceptance and 2000. EPA will submit a report dispersion modeling results which agreement to the variance on May 17, containing this rule and other required indicated that the revision will not 1999, and Illinois submitted the information to the U.S. Senate, the U.S. cause violations of the SO2 standards. variance to EPA as a SIP revision on House of Representatives, and the EPA is approving this request. May 21, 1999.
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II. What Is the SIP? 3. CILCO Edwards must determine quality in their communities is The State Implementation Plan is a compliance with these limits on a daily healthful. The NAAQS also present state compilation of federally approved State basis using the SO2 methodology of the and local governments with the air air pollution regulations which are Phase II Acid Rain program set forth in quality levels they must meet to achieve intended to ensure that the State attains 40 CFR part 75. clean air. Since the Clean Air Act’s The plantwide SO emissions limit for and maintains the NAAQS. Revisions to 2 inception in 1970, EPA has set NAAQS CILCO Edwards (35 IAC 214.561), the SIP must be submitted to EPA for for six common air pollutants: carbon which limits Boilers 1, 2, and 3, as a approval. Once approved by EPA, the monoxide, lead, nitrogen dioxide, group, to 34,613 pounds SO2 per hour ozone, particulate matter, and sulfur SIP regulations may be enforced by both (lb/hr) on a 24-hour average, is the State and by EPA. dioxide. For these common air unchanged in the May 21, 1999, SIP pollutants there are two types of III. Does Approval of a Variance Create revision request and remains in effect pollution limits referred to as the a Permanent SIP Revision? for CILCO Edwards. Compliance with primary and secondary standard. The the plantwide limit must also be Variances are temporary changes to a primary standard is based on health determined on a daily basis using the regulation. Variances to approved SIP effects; and the secondary standard is Phase II Acid Rain methodology. limits must be submitted to EPA, based on environmental effects such as The variance also requires CILCO to damage to property, plants, and approved, and incorporated into the SIP make periodic reports to Illinois of the as SIP revisions in order to be federally visibility. The Clean Air Act requires availability and cost of low-sulfur coal these standards be set at levels that enforceable. Without EPA approval, a and Phase II Acid Rain allowances, and variance to a SIP rule has no federal protect public health and welfare with the feasibility of various strategies for an adequate margin of safety. standing, and EPA could enforce against complying with the Phase II Acid Rain the facility for failing to comply with program. CILCO must notify Illinois by VII. What Are the NAAQS for Sulfur the original limits, even though the January 31, 2002, if it intends to request Dioxide? State had allowed the rule variance. a permanent change to its SO2 emission The NAAQS for sulfur dioxide are The April 15, 1999, CILCO variance limits. expires on February 28, 2002, unless expressed in three forms which are CILCO applies to Illinois for a V. Why Was This SIP Revision referred to as the annual, 24-hour and 3- permanent site-specific SIP revision by Requested? hour standards. The SO2 NAAQS are that date, in which case the variance A 1.8 lb/MMBTU emission limit on 0.03 ppm, or 80 micrograms per cubic µ 3 will not terminate until July 31, 2003. It coal-fired boilers in the Peoria area (35 meter ( g/m ), on an annual average, µ 3 is important to note that because the 0.14 ppm (365 g/m ) for a 24-hour IAC 214.141) was adopted by the IPCB µ variance is not a permanent rule change, averaging time, and 0.5 ppm (1300 g/ to help ensure that the Peoria major 3 EPA’s approval of the variance as a SIP metropolitan area would attain and m ) for a 3-hour averaging time. revision will only be in force until maintain the SO2 NAAQS. This limit VIII. What Are the Requirements for February 28, 2002. After that time, if applies to Boiler 2 at CILCO Edwards, SIP Approval? CILCO does not apply to Illinois for a and Boiler 2 must use low-sulfur coal to permanent SIP revision, the federally comply with the limit. CILCO’s coal In order to approve a SIP revision, the EPA must determine that the revised enforceable SO2 emission limits for supplier has notified CILCO that low- CILCO Edwards’ Boiler 2 will revert to sulfur coal will not be available in 2000. rule meets the requirements of section 35 IAC 214.141. If CILCO applies for a No other Illinois coal can be used in 110 of the Clean Air Act and the permanent SIP revision, and the IPCB Boiler 2 and still comply with the 1.8 provisions of 40 CFR part 51. EPA’s allows CILCO Edwards’ variance to lb/MMBTU emission limit. Therefore, criteria for SIP revision approval are continue unamended through July 31, CILCO must purchase low-sulfur coal contained in 40 CFR part 52, subpart A. 2003, then federal approval of the from other States, at a much greater cost. First, revised State rules must be variance will continue until EPA An alternative to using low-sulfur coal properly adopted by the State, with approves alternate SO2 limits for CILCO in Boiler 2 would be to install a adequate public notice and participation. The Illinois Edwards, or until July 31, 2003, scrubber, which would remove SO2 whichever is earlier. from the Boiler 2 stack emissions. Environmental Protection Agency However, this option is also very costly, submitted documents in its May 21, IV. What Has Changed in the Illinois 1999 submittal which verify that the SO SIP? and CILCO has stated that a scrubber 2 could not be installed before 2000. April 15, 1999, rule variance for CILCO CILCO Edwards operates three Therefore, on December 17, 1998, Edwards was properly adopted, with boilers, numbered 1, 2, and 3. CILCO filed a petition with the IPCB for adequate public notice and Previously, the Illinois SO2 SIP limited a variance from 35 IAC 214.141. As a participation. the emissions from Boilers 1 and 3 to condition of the variance which the In addition, States must provide 6.6 pounds sulfur dioxide per million IPCB granted, CILCO must evaluate the dispersion modeling results that show British Thermal Units (lb/MMBTU), and feasibility of different strategies for that revised SO2 rules will not cause or limited Boiler 2’s emissions to 1.8 lb/ complying with Phase II of the Acid contribute to a violation of any of the MMBTU. Illinois’ May 21, 1999, Rain program, including the use of a three SO2 NAAQS. EPA’s guidance on submittal provides for the following rule scrubber, and provide a report of the air quality dispersion modeling is found changes: evaluation to the Illinois Environmental in 40 CFR part 51, appendix W. CILCO 1. The average SO2 emissions from Protection Agency. provided air dispersion modeling data Boilers 1, 2, and 3, as a group, may not to demonstrate that facility operations exceed 4.71 lb/MMBTU actual heat VI. What Are the National Ambient Air under the new emission limits would Quality Standards? input. not lead to a violation of the SO2 2. The average SO2 emissions from The National Ambient Air Quality NAAQS. The Illinois Environmental any one boiler may not exceed 6.6 lb/ Standards (NAAQS) allow the American Protection Agency also provided MMBTU actual heat input. people to assess whether or not the air supplemental modeling information.
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The dispersion modeling information at this time. If no such comments are supporting the need to issue the meets EPA’s requirements. received, this action will be effective on regulation. Finally, the State must demonstrate June 12, 2000. In addition, Executive Order 13084 that the emission limits contained in the requires EPA to develop an effective XI. Administrative Requirements revised rule are enforceable. CILCO process permitting elected and other Edwards uses a Continuous Emissions A. Executive Order 12866 representatives of Indian tribal Monitoring system (CEM) to measure its B. Executive Order 13045 governments ‘‘to provide meaningful SO emissions. The rule variance C. Executive Order 13084 and timely input in the development of 2 D. Executive Order 13132 requires CILCO Edwards to determine E. Regulatory Flexibility Act regulatory policies on matters that compliance with its SO2 limits on a F. Unfunded Mandates significantly or uniquely affect their daily basis using the SO2 methodology G. Submission to Congress and the communities.’’ Today’s rule does not of the Phase II Acid Rain program set Comptroller General significantly or uniquely affect the forth in 40 CFR part 75. These H. National Technology Transfer and communities of Indian tribal compliance methods are acceptable. Advancement Act governments. Accordingly, the I. Petitions for Judicial Review requirements of section 3(b) of IX. Does This SIP Revision Request Executive Order 13084 do not apply to Meet EPA’s Requirements? A. Executive Order 12866 this rule. EPA has determined that this SIP The Office of Management and Budget D. Executive Order 13132 revision request meets the requirements (OMB) has exempted this regulatory for SIP approval, because it is a properly action from Executive Order 12866, Federalism (64 FR 43255, August 10, adopted State rule variance which is entitled ‘‘Regulatory Planning and 1999) revokes and replaces Executive enforceable and protective of the SO2 Review.’’ Order 12612 (Federalism) and Executive NAAQS. For additional information, see Order 12875 (Enhancing the the Technical Support Document for B. Executive Order 13045 Intergovernmental Partnership). this SIP revision request. Protection of Children from Executive Order 13132 requires EPA to develop an accountable process to X. What Is EPA’s Final Rulemaking Environmental Health Risks and Safety ensure ‘‘meaningful and timely input by Action? Risks (62 FR 19885, April 23, 1997) applies to any rule that: (1) Is State and local officials in the EPA is approving the May 21, 1999 determined to be ‘‘economically development of regulatory policies that site-specific SO2 SIP revision request for have federalism implications.’’ ‘‘Policies the Central Illinois Light Company’s significant’’ as defined under Executive Order 12866, and (2) concerns an that have federalism implications’’ is Edwards Generating Station in Peoria defined in the Executive Order to County, Illinois. Because the CILCO environmental health or safety risk that EPA has reason to believe may have a include regulations that have Edwards variance is not a permanent ‘‘substantial direct effects on the States, rule change, EPA’s approval of the disproportionate effect on children. If the regulatory action meets both criteria, on the relationship between the national variance as a SIP revision will only be government and the States, or on the the Agency must evaluate the in force until the variance expires on distribution of power and environmental health or safety effects of February 28, 2002. After that time, if responsibilities among the various the planned rule on children, and CILCO does not apply to Illinois for a levels of government.’’ Under Executive explain why the planned regulation is permanent SIP revision, the federally Order 13132, EPA may not issue a preferable to other potentially effective enforceable SO2 emission limits for regulation that has federalism and reasonably feasible alternatives CILCO Edwards’ Boiler 2 will revert to implications, that imposes substantial considered by the Agency. 35 IAC 214.141. If CILCO applies for a direct compliance costs, and that is not permanent SIP revision, and the IPCB This rule is not subject to Executive required by statute, unless the Federal allows CILCO Edwards’ variance to Order 13045 because it does not involve government provides the funds continue unamended through July 31, decisions intended to mitigate necessary to pay the direct compliance 2003, as stated in the variance, then environmental health or safety risks. costs incurred by State and local federal approval of the variance will C. Executive Order 13084 governments, or EPA consults with continue until EPA approves alternate State and local officials early in the SO2 limits for CILCO Edwards, or until Under Executive Order 13084, EPA process of developing the proposed July 31, 2003, whichever is earlier. This may not issue a regulation that is not regulation. EPA also may not issue a action will be effective on June 12, 2000. required by statute, that significantly regulation that has federalism EPA is publishing this action without affects or uniquely affects the implications and that preempts State prior proposal because EPA views this communities of Indian tribal law unless the Agency consults with as a noncontroversial revision and governments, and that imposes State and local officials early in the anticipates no adverse comments. substantial direct compliance costs on process of developing the proposed However, in a separate document in this those communities, unless the Federal regulation. Federal Register publication, EPA is government provides the funds This final rule will not have proposing to approve the SIP revision necessary to pay the direct compliance substantial direct effects on the States, should adverse written comments be costs incurred by the tribal on the relationship between the national filed. This action will be effective governments. If the mandate is government and the States, or on the without further notice unless EPA unfunded, EPA must provide to the distribution of power and receives relevant adverse written Office of Management and Budget, in a responsibilities among the various comment by May 15, 2000. Should the separately identified section of the levels of government, as specified in Agency receive such comments, it will preamble to the rule, a description of Executive Order 13132, because it publish a withdrawal informing the the extent of EPA’s prior consultation merely approves a state rule public that this action will not take with representatives of affected tribal implementing a federal standard, and effect. Any parties interested in governments, a summary of the nature does not alter the relationship or the commenting on this action should do so of their concerns, and a statement distribution of power and
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ii. In a developmental toxicity study, additional effect observed at 20,000 NOAEL in males and females was 500 16 rabbits were gavaged with ppm was an increase in the number of ppm. The LOAEL was 3,500 ppm in fenhexamid at dose levels of 0, 100, 300, pups among the post-weaning F1 pups males and females based on decreases in or 1,000 mg/kg/day from days 6 through selected to be F1 parents which died, red blood cells (RBC), hemoglobin (Hb), 18 of gestation. No treatment-related that is, 0/66, 2/68, 0/68, 0/68, and 10/ and hematocrit (Hct) and on significant effects were seen on mortality, general 78 for the control, 100, 500, 5,000, and increases in Heinz bodies in both sexes, appearance or behavior. The NOAEL for 20,000 ppm dose groups, respectively. increased adrenal weight parameters in maternal toxicity was 100 mg/kg/day. This effect was attributed to the small females, and the presence of The LOAEL for maternal toxicity was size of the pups at weaning (30% < intracytoplasmic vacuoles in the adrenal 300 mg/kg/day based on observations at controls). cortex of 3/4 females. this dose and above of alterations of The parental NOAEL was 500 ppm ii. In a combined chronic toxicity/ excretory products (discolored urine, and the parental LOAEL in males was carcinogenicity study, 50 rats/sex/dose small scybala), decreased body weight 5,000 ppm based on increased were fed fenhexamid at dose levels of 0, gain and feed consumption (mainly creatinine levels in P-generation (but 500, 5,000, or 20,000 ppm (0, 28, 292, during the first week of the treatment not F1 generation) males at premating or 1,280 mg/kg/day for males and 0, 40, < period) and decreased placental (20%, p 0.05) and at termination (20%, 415, 2,067 mg/kg/day for females) for 24 weights. One abortion at 300 mg/kg/day not significant); slightly increased months. The NOAEL in males and and one abortion and two total litter alkaline phosphatase levels in P- females was 500 ppm. The LOAEL for resorptions at 1,000 mg/kg/day were not generation and F1-generation males at chronic toxicity in males and females considered to be treatment-related premating and at termination (20–34%, was 5,000 ppm based on observations of because the incidences fell within the not significant); decreased absolute liver decreased body weight gain (-6.8%) and ranges of historical control data weight in P-generation and F1- food efficiency (-11.8%) in females, submitted with the study. Reduced and/ generation males (11-12%, p<0.05) and increased incidence of cecal mucosal or light feces were also noted at 1,000 decreased liver/body weight ratios in P- hyperplasia in males, increased mg/kg/day. Pale livers were noted in the generation and F1-generation males (8- < cellularity (hyperplasia) of the bone 2 dams that aborted. The NOAEL for 9%, p 0.05 for P-generation and not marrow in females and the presence of developmental toxicity was 300 mg/kg/ significant for F1-generation); decreased splenic extramedullary hematopoiesis day. The LOAEL for developmental absolute kidney weights in F1- in males. At 20,000 ppm, observations toxicity was 1,000 mg/kg/day based on generation (but not P-generation) males were increased food consumption, (12%, p<0.05); and decreased kidney/ marginally decreased male fetal body increased numbers of circulating body weight ratios in F -generation (but weights and evidence of delayed 1 reticulocytes, enlarged spleens observed not P-generation) males (8%, p>0.05). ossification. Fenhexamid did not induce macroscopically, increased splenic The parental LOAEL in females was any treatment-related fetal weights and thyroid colloid alterations based on increased alkaline phosphatase malformations or deviations at any of (both sexes). Fenhexamid was non- levels in F -generation) (but not P- the doses tested under the conditions of 1 oncogenic at doses up to and including generation) females at premating (43%, this study. All effects on intrauterine 20,000 ppm in the diet. At doses tested, development were correlated with p<0.05) and at termination (63%, there were no treatment related maternal toxicity and, therefore, no p<0.05); and on very small increases in increases in tumor incidence, tumor primary developmental effect was gamma glutamyl transferase (GGT) (not spectrum or latency when compared to evident. Fenhexamid was not considered to be biologically relevant). controls. teratogenic up to and including 1,000 Overall, treatment-related effects mg/kg/day. observed at 5,000 ppm in males and 7. Carcinogenicity. In a 4. Reproductive toxicity. In 2- females were also observed at 20,000 carcinogenicity study, 50 mice/sex/dose generation reproduction study, 30 rats/ ppm, but were slightly increased in were fed fenhexamid at dose levels of 0, sex/dose were fed fenhexamid at dose severity. Toxicologically relevant 800, 2,400, or 7,000 ppm (0, 247.4, levels of 0, 100, 500, 5,000, or 20,000 additional toxicological effects observed 807.4, or 2,354.8 mg/kg/day for males ppm (0, 7.6, 38.2, 406, or 1,814 mg/kg/ at 20,000 ppm were decreased body and 0, 364.8, 1,054.5, or 3,178.2 mg/kg/ day for males and 0, 9.0, 44.8, 477, or weights and increased food day for females) for 2 years. The NOAEL 2,043 mg/kg/day for females determined consumption in males and increased for males was 800 ppm and the NOAEL for the 10-week premating period). urea nitrogen and creatinine levels, for females was 2,400 ppm. The LOAEL There were no compound-related effects decreased kidney weights, decreased for males was 2,400 ppm based on the on mortality, clinical signs, behavior or body weights and increased food observation of decreased kidney weights reproductive parameters for adult consumption in females. and decreases in sex-specific animals. The NOAEL for reproductive 5. Mutagenicity. No mutagenicity was vacuolation of the proximal tubules in toxicity was 20,000 ppm. noted in the following assays: Reverse the kidneys in males. A marginal The neonatal NOAEL was 500 ppm gene mutation, S. typhimurium, E. coli; decrease in body weights (up to 8%) and the neonatal LOAEL was 5,000 ppm forward gene mutation -Hypoxanthine and body weight gain (17%) was based on significantly decreased pup guanine phophoribosyl transferase observed in males at 7,000 ppm. The body weights on lactation days 14 and (HGPRT) locus; Chromosome aberration, LOAEL for females was 7,000 ppm 21 for the F1 (6-11% < controls) and on Chinese hampster ovary (CHO) cells; based on significantly increased water lactation days 7, 14, and 21 for F2 pups unscheduled DNA synthesis, rat consumption, decreased kidney (9-11% < controls). At 20,000 ppm, hepatocytes; and micronucleus assay in weights, and renal histopathology significantly decreased pup body mice. (increased incidence of basophilic weights were observed on lactation days 6. Chronic toxicity— i. In a 1-year cortical tubules). Fenhexamid was not 7, 14, and 21 for F1 pups (15-30% < chronic oral toxicity study, dogs were oncogenic in mice at doses up to and controls) and for F2 pups (11-19% < fed dose levels of 0, 500, 3,500, or including 7,000 ppm. There were no controls). Treatment-related decreased 25,000 ppm (0, 17.4, 124.3, or 917.8 mg/ treatment related increases in tumor pup body weights were not observed at kg/day for males and 0, 19.2, 132.7, or incidence, tumor spectrum or latency birth or on lactation day 4. An 947.1 mg/kg/day for females). The when compared to controls.
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8. Dermal absorption. In a dermal the recovered radioactivity was C. Exposures and Risks absorption study, radiolabeled eliminated with bile in the bile 1. Dietary— i. From food and feed fenhexamid (50% formulation) was cannulation experiment. Only 0.02% of uses. Tolerances are currently applied to the shaved skin of male rats the administered radioactivity was established for fenhexamid at 40 CFR at dose levels of 0.00138, 0.0147, or recovered in exhaled air. Radioactive 180.553 for grapes at 4.0 ppm, 2 µ 0.148 mg/cm . A volume of 100 L was residues in rat bodies (excluding GI strawberries at 3.0 ppm, and raisins at applied to a skin area of approximately tract) were significantly lower in 6.0 ppm. Additional tolerances are 2 12.5 cm on each rat. Four rats/dose females after a single high dose. There being proposed as follows: almond, level were sacrificed at 0.5, 1, 2, 4, 10, was significantly higher renal excretion nutmeat at 0.02 ppm, almond, hull at 24, and 120 hours postdose. Mean total for females in comparison with males 2.0 ppm, stone fruit, except plum (fresh recovery of radioactivity ranged from after 15 repeated low doses. In both prune) at 6.0 ppm, plum (fresh prune) 90.3% to 97.6% of the applied dose. sexes renal excretion was significantly at 0.5 ppm, and prune, dried at 1.0 ppm. The majority of radioactivity was higher after a single low dose when Risk assessments were conducted by recovered from the skin wash (69.9% to compared with a single high dose. EPA to assess dietary exposures from 96.1%). Radioactivity in the skin test Metabolite characterization studies fenhexamid as follows: site ranged from 0.44% to 10.2%; in the showed that the main component a. Acute exposure and risk. Acute urine from ‘‘not detectable’’ to 3.34%; detected in excreta was the unchanged dietary risk assessments are performed and in the feces from ‘‘not detectable’’ parent compound which accounted for for a food-use pesticide if a toxicological to 11.6% of the applied dose. 62–75% of the dose independent of the study has indicated the possibility of an Radioactivity in blood did not exceed dosing regime and sex. Metabolite 1, the effect of concern occurring as a result of 0.03% and in the carcass did not exceed glucuronic acid conjugate of the parent a 1-day or single exposure. No 9.37%. Estimates of dermal absorption compound, ranged from 4 to 23% of the toxicological endpoint attributable to a were based on the sum of radioactivity dose. Metabolite fractions 2 and 3 single (acute) dietary exposure was (as test material) in the skin test site, accounted for up to 3 and 7% of the identified. urine, feces, blood and carcass. The dose, respectively. The proposed major b. Chronic exposure and risk. The percentage dermal absorption decreased pathway for biotransformation is via chronic risk analysis used the cPAD of with increasing dose levels. The conjugation of the aromatic hydroxyl 0.057 mg/kg/day which applies to all percentage dermal absorption at 10 group with glucuronic acid. Prior to population subgroups. The Dietary hours postdose was 19.58%, 7.62%, and fecal excretion, hydrolysis in the Exposure Evaluation Model (DEEMTM) 2.63% and at 120 hours postdose was intestine converts the conjugate back to which is a exposure analysis system that 21.0%, 6.91%, and 2.13% for the low, the parent compound giving rise to estimates exposure to a pesticide mid and high dose levels respectively. enterohepatic circulation. Identification chemical in food comprising the diets of 9. Metabolism. In a metabolism study, of radioactive residues ranged from 88% the U.S. population, including rats were administered radiolabeled to 99% and was independent of dose population subgroups was used to fenhexamid (a single oral low dose of 1 and sex. conduct the chronic (food) risk analysis. mg/kg, a single oral high dose of 100 B. Toxicological Endpoints DEEMTM contains food consumption mg/kg, or 15 repeated low doses of 1 data as reported by respondents in the mg/kg/day). Radiolabeled fenhexamid 1. Acute toxicity. An acute USDA Continuing Surveys of Food was rapidly absorbed from the toxicological endpoint was not Intake by Individuals conducted in gastrointestinal (GI) tract in all dose identified resulting from a single oral 1989-1992. The chronic food exposure groups. After single and repeated exposure, and therefore, an acute was calculated assuming theoretical administration of the low dose, the Reference Dose (RfD) was not selected. maximum residue contribution (TMRC) plasma concentration peaked within 5 2. Short- and intermediate-term values, and 100% crop treated to 10 minutes. After administration of toxicity. A short- and intermediate-term estimates. The percent of the cPAD the high dose, the maximum was dermal endpoint of 1,000 mg/kg/day utilized is as follows: 15.7 for non- < detected 40 to 90 minutes postdosing. from the 21-day dermal toxicity study in nursing infants; 14.2 for all infants ( 1 The absorption of the test compound rabbits was selected for occupational year); 10.7 for nursing infants; 9.9 for was shown to be almost complete in a exposure. No short- and intermediate- children (1-6 years); 5.7 for non- bile-cannulation experiment, as more term endpoint was selected for non- Hispanic/non-white/non-black; 5.0 for than 97% of the administered dose was occupational exposure as there are no children (7 to 12 years); 4.6 for U.S. absorbed from the GI tract 48 hours after residential uses of fenhexamid. population (summer season); 3.7 for intra-duodenal administration. These U.S. population (total) and 2.6 for results are indicative of a pronounced 3.Chronic toxicity. EPA has females (13-50 years). first pass effect and enterohepatic established the RfD for fenhexamid at ii. From drinking water. In soil, 0.17 mg/kg/day. This RfD is based on a circulation. Tissue residues declined fenhexamid is relatively immobile (Koc 1-year feeding study in dogs with a rapidly and after 48 hours the total = 446) and non-persistent (t1/2 = ≥ 1 radioactivity residue in the body NOAEL = 17 mg/kg/day. An additional day). Fenhexamid is not expected to be excluding the GI tract, was < 0.3% of the 3x FQPA safety factor was added and a ground water contaminant, but has administered dose in all dose groups. applies to all population subgroups some potential to reach surface water on Liver and kidney were the organs with resulting in a chronic population eroded soil particles. In surface water, the highest concentrations of adjusted dose (cPAD) of 0.057 mg/kg/ fenhexamid would be expected to day. radioactivcity in all dose groups. photodegrade rapidly (t1/2 = ≥ 0.2 days). Excretion was rapid and almost 4. Carcinogenicity. Fenhexamid was No monitoring data are available to complete with feces as the major route classified as a ‘‘not likely’’ human perform a quantitative drinking water of excretion. Approximately 62-81% of carcinogen based on the lack of assessment. The Agency estimated the recovered radioactivity was found in evidence of carcinogenicity in mice and surface water exposure using the feces, and 15-36% in urine within 48 rats and the lack of genotoxicity in a Generic Expected Environmental hours post-dosing. More than 90% of battery of mutagenicity studies. Concentration (GENEEC) model, a
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pup body weight decreases in the F1 IV. Other Considerations almond nutmeats and 2.0 ppm in/on generation were observed during late almond hulls following applications of A. Metabolism in Plants lactation (lactation days 14 through 21) the proposed 50% WDG formulation when the pups are exposed to the test The parent compound, fenhexamid, is according to the maximum proposed material through the mother’s milk and the only compound of concern. use patterns. Samples of almond RACs through the feed; and, in the metabolism Radiolabeled fenhexamid plant were harvested 142–173 days following study on fenhexamid, glucuronidation metabolism studies were conducted on the last of four sequential applications of fenhexamid was clearly demonstrated grapes, tomatoes, and apples. The of the 50% WDG formulation at 0.73– to be the single major route of qualitative nature of fenhexamid 0.76 lb ai/acre/application (3.0 lbs metabolism, detoxification and residues in plants is adequately active ingredient acre/season (ai/acre/ excretion of fenhexamid in adult male understood. The data indicate very little season); 1x the proposed maximum and female rats. The demonstrated poor translocation of residues, i.e., residues seasonal application rate). Residues of glucuronidation capacity of rat pups of fenhexamid are non-systemic and are fenhexamid were non-detectable (<0.02 between days 7 and 21 indicates a thus primarily surface residues. ppm) in/on all treated almond nutmeat possibly increased sensitivity of pups samples. B. Metabolism in Animals and serves to support a concern for Field trial data were submitted for neonatal toxicity. Almond hulls which are a livestock cherries (sweet and tart), peaches, and iii. Conclusion. There is a complete feed item contain 90% dry matter and plums, which are the three toxicity data base for fenhexamid and its contribution to the livestock diet is representative commodities of the stone exposure data are complete or are a maximum of 10% each for beef and fruits crop group (40 CFR 180.41, Crop estimated based on data that reasonably dairy cattle. Data from a study Group 12). Samples (U.S. field trials) accounts for potential exposures. investigating the metabolism of 14C were harvested 0-days following the last Although there is qualitative evidence fenhexamid in a lactating goat indicated of four sequential foliar applications of of increased susceptibility, the Agency that the metabolism of fenhexamid in the 50% WDG formulation at 0.73–0.78 decided that an additional safety factor the goat is similar to that in the rat, and lb ai/acre/application (3.0 lbs ai/acre/ of 3x would be appropriate based on the based on the experimentally determined season; 1x the proposed maximum following reasons: The increased feeding level of 133 ppm in the feed, the seasonal application rate). Residues of susceptibility demonstrated in the 2- Agency calculates that the dosage was fenhexamid (uncorrected for method generation reproduction study was only equivalent to 605x the maximum recovery and storage stability data) in/ qualitative (not quantitative) evidence theoretical dietary burden of 0.22 ppm on treated samples ranged from 0.844– and was observed only in the presence for beef and dairy cattle. The total 1.826 ppm for sweet cherries, 1.049– of parental toxicity; the qualitative radioactive residues (TRR) were 0.045– 4.950 ppm for tart cherries, 0.327-2.131 offspring effect was limited to decreased 0.212 ppm in milk, 4.682 ppm in liver, ppm for peaches, and <0.05–0.366 ppm body weight and no other adverse 3.267 ppm in kidney, 0.035 ppm in for plums. The residue data for stone effects (e.g., decreased pup survival, muscle, and 0.085 ppm in fat. fruits indicates that the maximum behavioral alterations, etc.) were The qualitative nature of the residue residues for tart cherries (4.950 ppm) observed; and there is no indication of in ruminants is adequately understood. and plums (0.366 ppm) differ by a factor increased susceptibility of rat or rabbit Based on the goat metabolism study, the of 13.5. On this basis, the Agency fetuses to in utero exposure in the Agency concludes that there is no concludes that plums should be prenatal developmental toxicity studies reasonable expectation of finite residues excluded from the proposed stone fruits with fenhexamid. in milk or ruminant tissues as a result crop group tolerance, and an individual 2. Acute risk. An acute endpoint was of the currently proposed uses on tolerance is being established for not identified. almonds and stone fruits, and ruminant residues of fenhexamid in/on plums 3. Chronic risk. Using the exposure commodity tolerances are not required. (fresh prunes) at 0.5 ppm. assumptions described in this unit, EPA No processing study data have been has concluded that the highest aggregate C. Analytical Enforcement Methodology submitted for dried prunes. Based on exposure to fenhexamid from food will Adequate enforcement methodology the concentration factor which has utilize 15.7% of the cPAD for non (a high performance liquid previously been shown to occur in the nursing infants. EPA generally has no chromotography method with processing of fenhexamid-treated grapes concern for exposures below 100% of electrochemical detection) is available to raisins, it is probable that the cPAD because the cPAD represents to enforce the tolerance expression. The concentration of fenhexamid residues the level at or below which daily method may be requested from: Calvin will occur in the processing of plums aggregate dietary exposure over a Furlow, PIRIB, IRSD (7502C), Office of (fresh prunes) to dried prunes. The lifetime will not pose appreciable risks Pesticide Programs, Environmental Agency concludes that the appropriate to human health. Despite the potential Protection Agency, Ariel Rios Bldg., tolerance level for residues of for exposure to fenhexamid in drinking 1200 Pennsylvania Ave., NW., fenhexamid per se in/on dried prunes is water and from non-dietary, non- Washington, DC 20460. Office location 1.0 ppm. This is based upon the highest occupational exposure, EPA does not and telephone number: Rm 101FF, average field trial (HAFT) residue value expect the aggregate exposure to exceed Crystal Mall #2, 1921 Jefferson Davis (0.264 ppm) for plums (fresh prunes) 100% of the cPAD. Hwy., Arlington, VA, (703) 305–5229. multiplied by the TMCF (3.4x) for dried 4. Short- or intermediate-term risk. prunes =0.90 ppm, which is rounded up D. Magnitude of Residues There are no residential uses and thus to 1.0 ppm. these risks are not presented. A total of five almond field trials were 5. Determination of safety. Based on conducted in California. The almond E. International Residue Limits these risk assessments, EPA concludes field trial data are adequate in number The Codex Alimentarius Commission that there is a reasonable certainty that and geographical representation. The has not established maximum residue no harm will result to infants and data indicate that residues of limits (MRLs) for residues of children from aggregate exposure to fenhexamid will not exceed the fenhexamid or any of its metabolites in/ fenhexamid residues. proposed tolerances of 0.02 ppm in/on on plant or animal commodities.
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Harmonization is thus not an issue for marking any part or all of that Information and Records Integrity this action. information as CBI. Information so Branch, Information Resources and marked will not be disclosed except in Services Division (7502C), Office of F. Rotational Crop Restrictions accordance with procedures set forth in Pesticide Programs, Environmental The Agency concluded that a 30-day 40 CFR part 2. A copy of the Protection Agency, Ariel Rios Bldg., plantback interval is required for all information that does not contain CBI 1200 Pennsylvania Ave., NW., crops without a fenhexamid tolerance. must be submitted for inclusion in the Washington, DC 20460. In person or by V. Conclusion public record. Information not marked courier, bring a copy to the location of confidential may be disclosed publicly the PIRIB described in Unit I.B.2. You Therefore, tolerances are established by EPA without prior notice. may also send an electronic copy of for residues of fenhexamid in or on Mail your written request to: Office of your request via e-mail to: opp- almond, nutmeat at 0.02 ppm, almond, the Hearing Clerk (1900), Environmental [email protected]. Please use an ASCII hull at 2.0 ppm, stone fruit, except plum Protection Agency, Ariel Rios Bldg., file format and avoid the use of special (fresh prune) at 6.0 ppm, plum (fresh 1200 Pennsylvania Ave., NW., characters and any form of encryption. prune) at 0.5 ppm and prune, dried at Washington, DC 20460. You may also Copies of electronic objections and 1.0 ppm. deliver your request to the Office of the hearing requests will also be accepted VI. Objections and Hearing Requests Hearing Clerk in Rm. C400, Waterside on disks in WordPerfect 6.1/8.0 file Mall, 401 M St., SW., Washington, DC format or ASCII file format. Do not Under section 408(g) of the FFDCA, as 20460. The Office of the Hearing Clerk include any CBI in your electronic copy. amended by the FQPA, any person may is open from 8 a.m. to 4 p.m., Monday You may also submit an electronic copy file an objection to any aspect of this through Friday, excluding legal of your request at many Federal regulation and may also request a holidays. The telephone number for the Depository Libraries. hearing on those objections. The EPA Office of the Hearing Clerk is (202) 260– procedural regulations which govern the 4865. B. When Will the Agency Grant a submission of objections and requests 2. Tolerance fee payment. If you file Request for a Hearing? for hearings appear in 40 CFR part 178. an objection or request a hearing, you A request for a hearing will be granted Although the procedures in those must also pay the fee prescribed by 40 if the Administrator determines that the regulations require some modification to CFR 180.33(i) or request a waiver of that material submitted shows the following: reflect the amendments made to the fee pursuant to 40 CFR 180.33(m). You There is a genuine and substantial issue FFDCA by the FQPA of 1996, EPA will must mail the fee to: EPA Headquarters of fact; there is a reasonable possibility continue to use those procedures, with Accounting Operations Branch, Office that available evidence identified by the appropriate adjustments, until the of Pesticide Programs, P.O. Box requestor would, if established resolve necessary modifications can be made. 360277M, Pittsburgh, PA 15251. Please one or more of such issues in favor of The new section 408(g) provides identify the fee submission by labeling the requestor, taking into account essentially the same process for persons it ‘‘Tolerance Petition Fees.’’ uncontested claims or facts to the to ‘‘object’’ to a regulation for an EPA is authorized to waive any fee contrary; and resolution of the factual exemption from the requirement of a requirement ‘‘when in the judgement of issues(s) in the manner sought by the tolerance issued by EPA under new the Administrator such a waiver or requestor would be adequate to justify section 408(d), as was provided in the refund is equitable and not contrary to the action requested (40 CFR 178.32). old FFDCA sections 408 and 409. the purpose of this subsection.’’ For VII. Regulatory Assessment However, the period for filing objections additional information regarding the Requirements is now 60 days, rather than 30 days. waiver of these fees, you may contact James Tompkins by phone at (703) 305– This final rule establishes a tolerance A. What Do I Need to Do to File an 5697, by e-mail at under FFDCA section 408(d) in Objection or Request a Hearing? [email protected], or by mailing a response to a petition submitted to the You must file your objection or request for information to Mr. Tompkins Agency. The Office of Management and request a hearing on this regulation in at Registration Division (7505C), Office Budget (OMB) has exempted these types accordance with the instructions of Pesticide Programs, Environmental of actions from review under Executive provided in this unit and in 40 CFR part Protection Agency, Ariel Rios Bldg., Order 12866, entitled Regulatory 178. To ensure proper receipt by EPA, 1200 Pennsylvania Ave., NW., Planning and Review (58 FR 51735, you must identify docket control Washington, DC 20460. October 4, 1993). This final rule does number OPP–300991 in the subject line If you would like to request a waiver not contain any information collections on the first page of your submission. All of the tolerance objection fees, you must subject to OMB approval under the requests must be in writing, and must be mail your request for such a waiver to: Paperwork Reduction Act (PRA), 44 mailed or delivered to the Hearing Clerk James Hollins, Information Resources U.S.C. 3501 et seq., or impose any on or before June 12, 2000. and Services Division (7502C), Office of enforceable duty or contain any 1. Filing the request. Your objection Pesticide Programs, Environmental unfunded mandate as described under must specify the specific provisions in Protection Agency, Ariel Rios Bldg., Title II of the Unfunded Mandates the regulation that you object to, and the 1200 Pennsylvania Ave., NW., Reform Act of 1995 (UMRA) (Public grounds for the objections (40 CFR Washington, DC 20460. Law 104–4). Nor does it require any 178.25). If a hearing is requested, the 3. Copies for the Docket. In addition prior consultation as specified by objections must include a statement of to filing an objection or hearing request Executive Order 13084, entitled the factual issues(s) on which a hearing with the Hearing Clerk as described in Consultation and Coordination with is requested, the requestor’s contentions Unit VI.A., you should also send a copy Indian Tribal Governments (63 FR on such issues, and a summary of any of your request to the PIRIB for its 27655, May 19, 1998); special evidence relied upon by the objector (40 inclusion in the official record that is considerations as required by Executive CFR 178.27). Information submitted in described in Unit I.B.2. Mail your Order 12898, entitled Federal Actions to connection with an objection or hearing copies, identified by docket control Address Environmental Justice in request may be claimed confidential by number OPP–300991, to: Public Minority Populations and Low-Income
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Populations (59 FR 7629, February 16, the Comptroller General of the United rule amending the Defense Federal 1994); or require OMB review or any States prior to publication of this final Acquisition Regulation Supplement Agency action under Executive Order rule in the Federal Register. This final (DFARS). These amendments conform 13045, entitled Protection of Children rule is not a ‘‘major rule’’ as defined by the DFARS to the Federal Acquisition from Environmental Health Risks and 5 U.S.C. 804(2). Regulation (FAR) Amendments Safety Risks (62 FR 19885, April 23, pertaining to foreign acquisition that List of Subjects in 40 CFR Part 180 1997). This action does not involve any were published in the Federal Register technical standards that would require Environmental protection, on December 27, 1999. Agency consideration of voluntary Administrative practice and procedure, EFFECTIVE DATE: April 13, 2000. consensus standards pursuant to section Agricultural commodities, Pesticides FOR FURTHER INFORMATION CONTACT: Ms. 12(d) of the National Technology and pests, Reporting and recordkeeping Amy Williams, Defense Acquisition Transfer and Advancement Act of 1995 requirements. (NTTAA), Public Law 104–113, section Regulations Council, PDUSD (AT&L) DP Dated: March 30, 2000. (DAR), IMD 3D139, 3062 Defense 12(d) (15 U.S.C. 272 note). Since James Jones, tolerances and exemptions that are Pentagon, Washington, DC 20301–3062. Director, Registration Division, Office of Telephone (703) 602–0288; telefax (703) established on the basis of a petition Pesticide Programs. under FFDCA section 408(d), such as 602–0350. Please cite DFARS Case 98– Therefore, 40 CFR chapter I is D028. the tolerance in this final rule, do not amended as follows: require the issuance of a proposed rule, SUPPLEMENTARY INFORMATION: the requirements of the Regulatory PART 180±[AMENDED] A. Background Flexibility Act (RFA) (5 U.S.C. 601 et seq.) do not apply. In addition, the 1. The authority citation for part 180 This final rule amends DFARS Part Agency has determined that this action continues to read as follows: 225, Foreign Acquisition, and updates will not have a substantial direct effect Authority: 21 U.S.C. 321(q), (346a) and related references, for conformance with on States, on the relationship between 371. the FAR Part 25 rewrite that was the national government and the States, 2. Section 180.553 is amended by published at 64 FR 72416 on December or on the distribution of power and alphabetically adding the following 27, 1999 (Federal Acquisition Circular responsibilities among the various commodities to the table in paragraph 97–15, Item II). The rule reorganizes the levels of government, as specified in (a) to read as follows: existing DFARS text to align it with the Executive Order 13132, entitled revised FAR text. The rule makes no Federalism (64 FR 43255, August 10, § 180.553 Fenhexamid; tolerances for substantive change to DFARS policy residues. 1999). Executive Order 13132 requires pertaining to foreign acquisition. The EPA to develop an accountable process (a) * * * following list summarizes the to ensure ‘‘meaningful and timely input reorganization of the DFARS text: by State and local officials in the development of regulatory policies that Text previously Parts per located at Relocated to have federalism implications.’’ ‘‘Policies Commodity million that have federalism implications’’ is 225.000±70 ...... 225.003 defined in the Executive Order to Almond, hull ...... 2.0 225.000±71 ...... 225.001 include regulations that have Almond, nutmeat ...... 0.02 225.102 ...... 225.103 ‘‘substantial direct effects on the States, 225.105 ...... 225.502 on the relationship between the national *****Table 25±1 ...... 225.504 government and the States, or on the Plum (fresh prune) ...... 0.5 225.107 ...... 225.170 distribution of power and Prune, dried ...... 1.0 225.108 ...... 225.104 225.109(a) ...... 225.1101(1) responsibilities among the various ***** levels of government.’’ This final rule 225.109(b) ...... 225.171(a) Stone fruit, except plum (fresh 225.109(d) ...... 225.1101(2) directly regulates growers, food prune) ...... 6.0 225.109±70(a) ...... 225.1101(3) processors, food handlers and food 225.109±70(b) ...... 225.171(b) retailers, not States. This action does not *****225.303 ...... 225.304 alter the relationships or distribution of 225.305±70 ...... 225.1103(1) power and responsibilities established ***** 225.401 ...... 225.003 by Congress in the preemption [FR Doc. 00–9144 Filed 4–12–00; 8:45 am] 225.402(c) ...... 225.403 provisions of FFDCA section 408(n)(4). BILLING CODE 6560±50±F 225.403 ...... 225.401 225.403±70 ...... 225.401±70 VIII. Submission to Congress and the 225.405 ...... 225.408 Comptroller General 225.408 ...... 225.11 DEPARTMENT OF DEFENSE The Congressional Review Act, 5 225.602 ...... 225.901 U.S.C. 801 et seq., as added by the Small 225.603 ...... 225.902 48 CFR Parts 213, 225, 242, and 252 225.604 ...... 225.903 Business Regulatory Enforcement [DFARS Case 98±D028] 225.605 ...... FAR 25.1101(e)(2) Fairness Act of 1996, generally provides 225.605±70 ...... 225.11 that before a rule may take effect, the 225.702 ...... 225.701 agency promulgating the rule must Defense Federal Acquisition Regulation Supplement; Foreign 225.970 ...... 225.1070 submit a rule report, which includes a 225.971 ...... 225.1103(2) copy of the rule, to each House of the Acquisition 225.972 ...... 225.1103(3) Congress and to the Comptroller General AGENCY: Department of Defense (DoD). of the United States. EPA will submit a ACTION: Final rule. This rule was not subject to Office of report containing this rule and other Management and Budget review under required information to the U.S. Senate, SUMMARY: The Acting Director of Executive Order 12866, dated the U.S. House of Representatives, and Defense Procurement has issued a final September 30, 1993.
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B. Regulatory Flexibility Act (B) DoD policy (see subpart 225.71 country end product in the categories This final rule does not constitute a and FAR 6.302–3). listed in 225.401–70. significant revision within the meaning (ii) Where an exception to or waiver (6) ‘‘Foreign concern’’ means any of FAR 1.501 and Public Law 98–577 of a restriction would result in award of concern other than a domestic concern. and publication for public comment is a foreign end product, apply the policies (7) ‘‘Nondesignated country end not required. However, DoD will and procedures of the Buy American product’’ means any end product which consider comments from small entities Act or the Balance of Payments is not a U.S. made end product or a concerning the affected DFARS subparts Program, and, if applicable the trade designated country end product. in accordance with 5 U.S.C. 610. Such agreements. (8) ‘‘Nonqualifying country’’ means a (2) Memoranda of understanding or comments should cite DFARS Case 98– country other than the United States or other international agreements. D028. (i) Determine whether the offered a qualifying country. C. Paperwork Reduction Act product is the product of one of the (9) ‘‘Nonqualifying country end countries (qualifying country), listed in product’’ means an end product which The Paperwork Reduction Act does is neither a domestic nor qualifying not apply because the rule does not 225.872–1. (ii) If the product is the product of a country end product. impose any information collection qualifying country, evaluate the offer (10) ‘‘Nonqualifying country offer’’ requirements that require the approval under subpart 225.5 and 225.872–4. means an offer of a nonqualifying of the Office of Management and Budget (3) Trade agreements. country end products, including the under 44 U.S.C. 3501, et seq. (i) Determine whether the product is price of transportation to destination. List of Subjects in 48 CFR Parts 213, covered by the Trade Agreements Act or (11) ‘‘Qualifying country’ is a term 225, 242, and 252 the North American Free Trade used to describe certain countries with Agreement Implementation Act (see Government procurement. memoranda of understanding or subpart 225.4). international agreements with the Michele P. Peterson, (ii) If the product is an eligible United States. These countries are listed Executive Editor, Defense Acquisition product under subpart 225.4,evaluate in 225.872–1. Regulations Council. the offer under subpart 225.5. (12) ‘‘Qualifying country component’’ (iii) If the product is not an eligible Therefore, 48 CFR parts 213, 225, 242, and ‘‘qualifying country end product’’ product, a qualifying country end and 252 are amended as follows: are defined in the clauses at 252.225– product, or a U.S. made end product, 1. The authority citation for 48 CFR 7001, Buy American Act and Balance of purchase of the foreign end product may parts 213, 225, 242, and 252 continues Payments Program; 252.225–7007. Buy be prohibited (see FAR 25.403(c) and to read as follows: Americn Act—Trade Agreements— 225.403(c). Authority: 41 U.S.C. 421 and 48 CFR (4) Contractors controlled by terrorist Balance of Payments Program; and Chapter 1. nations. 252.225–7036, Buy American Act— (i) Determine whether the contractor North American Free Trade Agreement PART 213ÐSIMPLIFIED ACQUISITION Implementation Act—Balance of PROCEDURES is controlled by a terrorist nation. (ii) If the contractor is controlled by Payments Program. ‘‘Qualifying country 2. Section 213.302–2 is amended in a terrorist nation, comply with 209.104– end product’’ is also defined in the paragraph (d) introductory text by 1(g). clause at 252.225–7021, Trade revising the first sentence to read as (5) Buy American Act and Balance of Agreements. follows: Payments Program. See the evaluation (13) ‘‘Qualifying country offer’’ means procedures in subpart 225.5. an offer of a qualifying country end 213.302±5 Clauses. product, including the price of 225.003 Definitions. * * * * * transportation to destination. (d) When using the clause at FAR As used in this part— (14) ‘‘Source’’ when restricted by such (1) ‘‘Caribbean Basin country end 52.213–4, delete the reference to the words as foreign, domestic, qualifying product’’ includes petroleum or any clause at FAR 52.225–1, buy American country, etc., refers to the actual Act-Balance of Payments Program- product derived from petroleum. (2) ‘‘Defense equipment’’ means any manufacturer or producer of the end Supplies. * * * equipment, item of supply, component, product or component. * * * * * or end product purchased by the DoD. 5. Subpart 225.1 is revised to read as (3) ‘‘Domestic concern’’ means a follows: PART 225ÐFOREIGN ACQUISITION concern incorporated in the United 225.000±70 and 225.000±71 [Removed] States or an unincorporated concern Subpart 225.1ÐBuy American ActÐ Supplies 3. Sections 225.000–70 and 225.00–71 having its principal place of business in are removed. the United States. Sec. (4) ‘‘Domestic end product’’ has the 225.103 Exceptions. 4. Sections 225.001 and 225.003 are meaning given in the clauses at added to read as follows: 225.104 Nonavailable articles. 252.225–7001, Buy American Act and 225.170 Acquisition from or through other 225.001 General. Balance of Payments Program; 252.225– Government agencies. To apply the policies and procedures 7007, Buy American Act—Trade 225.171 Solicitations. Agreements—Balance of Payments of this part, analyze and evaluate offers 225.103 Exceptions. of foreign end products generally as Program; and 252.225–7036, Buy follows: American Act—North American Free (a)(1)(A) Specific public interest (1) Statutory or policy restrictions. Trade Agreement Implementation Act— exceptions for DoD for certain countries (i) Determine whether the product is Balance of Payments Program, instead of are in 225.872. restricted by— the meaning in FAR 25.003. (B) The Under Secretary of Defense (A) Defense authorization or (5) ‘‘Eligible product’’ means, instead (Acquisition, Technology, and Logistics) appropriations acts (see subpart 225.70); of the definition at FAR 25.003, a has determined that, for procurements or designated, NAFTA, or Caribbean Basin subject to the Trade Agreements Act, it
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Commander, U.S. Army, South (ii) Industrial gases. Subpart 225.4ÐTrade Agreements NAVY (iii) Brand drugs specified by the Defense Medical Materiel Board. Sec. Commander-in-Chief, U.S. Naval Forces, (iv) Bulk construction materials: sand, 225.401 Exceptions. Europe gravel, and other soil materials, stone, 225.401–70 Products subject to trade Commander, U.S. Naval Forces, Japan agreement acts. Commander, U.S. Naval Forces, Philippines concrete masonry units, and fired brick. 225.402 General. Commander-in-Chief, U.S. Atlantic Fleet (v) Overhaul and repair of vessels, 225.403 Trade Agreements Act. Commander-in-Chief, U.S. Pacific Fleet aircraft, and vehicles which— 225.408 Procedures. Commander, Military Sealift Command (A) Are home-ported/stationed/ Commandant, U.S. Marine Corps deployed overseas; and 225.401 Exceptions. Commander, Naval Facilities Engineering (B) Cannot practically return to the (b)(i) If a department or agency Command United States or to U.S. operated repair considers an individual acquisition of a Commanding General, III Marine Amphibious Force facilities. product to be indispensable for national (vi) Ready-mixed asphalt and security or national defense purposes AIR FORCE portland cement concrete, provided that and appropriate for exclusion from the Commander, U.S. Air Forces in Europe foreign cost is estimated at not more provisions of FAR subpart 25.4, it may Commander, Pacific Air Forces than $100,000. submit a request with supporting Commander, Air Mobility Command (5)(i) Purchase of materials, rationale to the Director of Defense Commander, Air Force Materiel Command equipment, and supplies for Procurement (USD (AT&L) DP). Commander, Air Combat Command construction overseas shall generally be Commander, Air Force Space Command (ii) The following national security/ the responsibility of the contractor national defense exceptions do not ADVANCED RESEARCH PROJECTS performing the work; but where require approval by USD (AT&L) DP: AGENCY necessary to comply with foreign law, to (A) Where purchase from foreign Director, Contracts Management Office avoid taxation, or to obtain other sources is restricted by the DoD annual DEFENSE INFORMATION SYSTEMS advantages, consider direct purchase. appropriations or authorization acts (see AGENCY Consider savings that may be obtained subpart 225.70) or by the establishment Director by exemptions from import and other of required sources of supplies and taxes and, to the extent economical, take services under FAR part 8. DEFENSE LOGISTICS AGENCY advantage of tax exemptions available (B) Where competition from foreign Executive Director, Procurement under existing agreements. sources is restricted under the authority NATIONAL IMAGERY AND MAPPING (ii) When purchase of materials is the of FAR 6.302–3(a)(2)(i). Provide USD AGENCY responsibility of the construction (AT&L) DP a copy of the justification for contractor, the evaluation differential is restricting competition (see FAR 6.303– Deputy Director for Acquisition, Installations, and Logistics determined through the estimating 1(d)). process and applied before solicitation. (C) Where competition from foreign DEPARTMENT OF DEFENSE EDUCATION sources is restricted under subpart ACTIVITY 225.304 Procedures. 225.71. Director (a) Solicitation of offers. When 225.401±70 Products subject to trade (ii) The authority to make the soliciting orally, advise vendors that only domestic and qualifying country agreement acts. determinations referred to in paragraph Foreign end products subject to the (2)(i) of this section may be redelegated end products are acceptable unless an Trade Agreements Act and NAFTA are below the levels specified in that exception applies or the price of a those in the following Federal supply paragraph for acquisitions estimated at domestic end product is unreasonable. groups (FSG). If a product is not in one 500,000 or less in foreign cost. (b) Evaluation of offers. (3)(i) This authority is not intended (i) Use the evaluation procedures in of the listed groups, the Trade for use in making repetitive supply subpart 225.5 instead of the evaluation Agreements Act and NAFTA do not acquisitions or acquisitions of total procedures in FAR subpart 25.5. apply. The definition of Caribbean Basin annual supply requirements of items Treatment of duty may differ when country end products in FAR 25.003 available in the United States but not delivery is overseas. excludes those end products that are not available within the time required. (A) Duty may not be applicable to eligible for duty-free treatment under 19 (ii) DoD has determined that nonqualifying country offers. U.S.C. 2703(b). However, 225.003 requirements for the items on the lists (B) The U.S. Government cannot expands the definition of Caribbean at FAR 25.104(a) and at 225.104(a)(iii) guarantee the exemption of duty for Basin country end products to include can only be filled by a foreign end components or end products imported petroleum and any product derived product. into foreign countries. from petroleum. The list of products has (4) DoD has determined the following (C) Foreign governments may impose been annotated to indicate those items can only be acquired or performed duties, and offers including such duties products that are eligible for designated in the country concerned: must be evaluated as offered. and NAFTA countries, but are not (i) Maintenance and repair of, and (ii) Where the evaluation procedures presently eligible for Caribbean Basin acquisition of spare parts for, foreign- in Subpart 225.5 result in the award of countries. manufactured vehicles, equipment, nonqualifying country end product, the machinery, and systems; provided, in acquisition of domestic end products is FSG Category/description the case of spare parts, the acquisition unreasonable or inconsistent with 22 Railway equipment is restricted to the original manufacturer public interests. If no domestic end product offers are received, the 23 Motor vehicles, trailers, and cycles or its supplier in accordance with DoD (except 2350 and buses under standardization policy (see DoD determination in FAR 25.303(b)(1) is not 2310) Directive 4120.3, Defense required. 24 Tractors Standardization and Specification 8. Subpart 225.4 is revised to read as 25 Vehicular equipment components Program). follows: 26 Tires and tubes
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FSG Category/description FSG Category/description § 225.408 Procedures. (a)(4) The requirements of FAR 29 Engine accessories 87 Agricultural supplies 25.408(a)(4) do not apply to offshore 30 Mechanical power transmission equip- 88 Live animals acquisitions or to Defense Energy ment 91 Fuels, oils, and waxes Support Center post, camp, or station 32 Woodworking machinery and equip- 93 Nonmetallic fabricated materials ment 94 Nonmetallic crude materials overseas requirements. 34 Metalworking machinery 96 Ores, minerals, and their primary 9. Subpart 225.5 is added to read as 35 Service and trade equipment products follows: 36 Special industry machinery (except 99 Miscellaneous 3690) Subpart 225.5ÐEvaluating Foreign 37 Agricultural machinery and equipment 225.402 General. OffersÐSupply Contracts 38 Construction, mining, excavating, and highway maintenance equipment (1) To estimate the value of the Sec. 39 Materials handling equipment acquisition, use the total estimated 225.502 Application. 40 Rope, cable, chain and fittings value of end products subject to trade 225.504 Evaluation examples. 41 Refrigeration and air conditioning agreement acts (see 225.401–70). equipment (2) See subpart 225.5 for evaluation of § 225.502 Application. 42 Fire fighting, rescue and safety equip- eligible products and U.S. made end Use the following procedures instead ment products, except when acquiring of those in FAR 25.502. These 43 Pumps and compressors information technology end products in procedures do not apply to acquisitions 44 Furnace, steam plant and drying of information technology end products equipment (except 4470) Federal Supply Group 70 or 74 that are 45 Plumbing, heating, and sanitation subject to the Trade Agreements Act. in Federal Supply Group 70 or 74 that equipment are subject to the Trade Agreements Act. 225.403 Trade Agreements Act. 46 Water purification and sewage treat- (1) Treat offers of eligible end ment equipment (c)(i) Except as provided in products under acquisitions subject to 47 Piping, tubing, hose, and fitting paragraphs (c)(ii) and (iii) of this the Trade Agreements Act or NAFTA as 48 Valves section, do not purchase nondesignated if they were qualifying country offers. 49 Maintenance and repair shop equip- country end products subject to the As used in this section, the term ment (except 4920±4927, 4931± Trade Agreements Act unless they are ‘‘nonqualifying country offer’’ may also 4935, 4960) NAFTA, Caribbean Basin, or qualifying 53 Hardware and abrasives apply to an offer that is not an eligible 54 Prefabricated structures and scaf- country end products (see 225.872–1). offer under a trade agreement (see folding (ii) The prohibition in paragraph (c)(i) 225.504(4)). 55 Lumber, millwork, plywood, and ve- of this section does not apply when the (2) Except as provided in paragraph neer contracting officer determines that offers (3) of this section, evaluate offers by 56 Construction and building materials of U.S. made, qualifying country, or adding a 50 percent factor to the price 61 Electric wire, and power and distribu- eligible products from responsive, (including duty) of each nonqualifying tion equipment responsible offerors are either— country offer (see 225.504 (1)). 62 Lighting fixtures and lamps (A) Not received; or (i) Nonqualifying country offers 63 Alarm and signal systems (B) Insufficient to fill the include duty in the offered price. When 65 Medical, dental, and veterinary equip- Government’s requirements. ment and supplies applying the factor, evaluate based on 66 Instruments and laboratory equipment In these cases, accept all responsive, the inclusion of duty, whether or not (except aircraft clocks under responsible offers of U.S. made, duty is to be exempted. If award is made 6645)ÐSee FAR 25.003 exclusion qualifying country, and eligible on the nonqualifying country offer and of certain watches and watch parts products before accepting any other duty is to be exempted through for certain Caribbean Basin coun- offers. inclusion of the clause at FAR 52.225– tries (iii) National interest waivers under 8, Duty-Free Entry, award at the offered 67 Photographic equipment price minus the amount of duty 68 Chemicals and chemical products section 302(b)(2) of the Trade 69 Training aids and devices Agreements Act are approved on a case- identified in the provision at 252.225– 70 General purpose ADPE, software, by-case basis. Except as delegated in 7003, Information for Duty-Free Entry supplies, and support equipment paragraphs (c)(iii)(A) and (B) of this Evaluation (see 225.504(1)(ii)). 71 Furniture section, a request for a national interest (ii) When a nonqualifying country 72 Household and commercial furnishings waiver shall include supporting offer includes more than one line item, and appliances rationale and be submitted under apply the 50 percent factor— 73 Food preparation and serving equip- department/agency procedures to the (A) On an item-by-item basis; or ment Director of Defense Procurement. (B) On a group of items, if the 74 Office machines, visible record equip- ment and ADP equipment (A) The head of the contracting solicitation specifically provides for 75 Office supplies and devices activity may approve a national interest award on a group basis. 76 Books, maps, and other publications waiver for a purchase by an overseas (3) When application of the factor 77 Musical instruments, phonographs, purchasing activity of products critical would not result in the award of a and home type radios to the support of U.S. forces stationed domestic end product, i.e., when no 78 Recreational and athletic equipment abroad. The waiver must be supported domestic offers are received (see 79 Cleaning equipment and supplies by a written statement from the 225.504(3)) or when a qualifying 80 Brushes, paints, sealers, and adhe- requiring activity stating that the country offer is lower than the domestic sives offer (see 225.504(2)), evaluate 81 Containers, packaging and packing requirement is critical for the support of supplies (except 8140) U.S. forces stationed abroad. nonqualifying country offers without 84 Luggage (only 8460)ÐSee FAR (B) The Commander, Defense Energy the 50 percent factor. 25.003 for exclusion of luggage for Support Center, may approve national (i) If duty is to be exempted through Caribbean Basin countries interest waivers for purchases of fuel for inclusion of the clause at FAR 52.225– 85 Toiletries use by U.S. forces overseas. 8, Duty-Free Entry, evaluate the
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Subpart 225.9ÐCustoms and Duties (D) Except for acquisitions of prime contract or fixed-price information technology end products in subcontract intervenes, provided the Sec. Federal Supply Group 70 or 74 subject fixed-price prime contract and, where 225.901 Policy. to the Trade Agreements Act, apply the applicable, fixed-price subcontract 225.902 Procedures. evaluation procedures for the Buy 225.903 Exempted supplies prices are, or are amended to be, American Act in accordance with exclusive of duty; 225.901 Policy. 225.502. (2) For which the supplies so (1) Section XXII, Chapter 98, (ii) Award. Exclude duty from the purchased will be delivered to the Subchapter VIII, Item 9808.00.30 of the contract price for supplies (end Government or incorporated in Harmonized Tariff Schedule of the products or components) that are to be Government-owned property or in an United States authorizes duty-free accorded duty-free entry. If duty-free end product to be furnished to the importation of defense supplies. entry is granted to the successful offeror Government, and for which duty will be (2) 19 U.S.C. 1309 authorizes duty- in accordance with the clause at FAR paid if such supplies or any portion are free importation of certain supplies (not 52.225–8, Duty-Free Entry, and the used for other than the performance of including equipment) for vessels or clause at 252.225–7003, Information for the Government contract or disposed of aircraft operated by the United States Duty-Free Entry Evaluation, request that other than for the benefit of the (see FAR 25.903(b)). the offeror provide the list of foreign Government in accordance with the (3) Unless the supplies are entitled to supplies that are subject to such duty- contract terms; and duty-free treatment under a special free entry, and list such supplies in the (3) For which such acquisition abroad category in the Harmonized Tariff contract clause at 252.225–7008, is authorized by the terms of the Schedule of the United States (e.g., the Supplies to be Accorded Duty-Free contract or subcontract or by the Caribbean Basin Economic Recovery Act Entry. contracting officer. or NAFTA), or unless the supplies (iii) Postaward. (B) Under a fixed-price contract, already have entered into the customs (A) Issue duty-free entry certificates negotiate an equitable reduction in the territory of the United States and duty for all qualifying country supplies in contract price if duty-free entry is already has been paid, DoD will issue accordance with the policy at granted for any nonqualifying country duty-free entry certificates for— 225.901(3)(i) and the clause at 252.225– component not listed in the Schedule as (i) Qualifying country supplies (end 7009, Duty-Free Entry—Qualifying duty-free, even if contract award was products and components) on all Country Supplies (End Products and based on furnishing a domestic defense contracts; Components); for all eligible products component or a qualifying country (ii) Eligible products (end products subject to trade agreements in component. but not components) on defense accordance with the policy at (2) Formal entry and release. contracts subject to the Trade 225.901(3)(ii) and the clause at 252.225– (i) The administrative contracting Agreement Act or NAFTA; and 7037, Duty-Free Entry—Eligible End officer must— (iii) Other foreign supplies, if there is Products; and for other foreign supplies (A) Ensure that prime contractors are reasonable assurance that the in accordance with the policy at aware of and understand any Duty-Free administrative and other costs of 225.901(3)(iii) on contracts containing Entry clause requirements. Contractors processing and controlling the the clause at FAR 52.225–8, Duty-Free should understand that failure by them certificates will not exceed the amount Entry; or (following to the extent or their subcontractors to include the of duty that would be paid. practicable the procedures required by data required by the clause will result the clause at FAR 52.225–8, Duty-Free in treatment of the shipment as without 225.902 Procedures. Entry, and the clause at 252.225–7010, benefit of free entry under Section XXII, (1) General. Duty-Free Entry—Additional Chapter 98, Subchapter VIII, Item (i) Preaward. Provisions) on other contracts— 9808.00.30 of the Harmonized Tariff (A) Unless duty was paid prior to (1) That fall within one of the Schedule of the United States. submission of the offer, an offer of following categories: (B) Upon receipt of the required domestic end products with no (i) Direct purchases of foreign notice of purchase of foreign supplies nonqualifying country components, an supplies under a DoD prime contract, from the contractor or any tier offer of qualifying country end products, whether title passes at point of origin or subcontractor— or an offer of eligible products under the at destination in the United States, (1) Verify the duty-free entitlement of Trade Agreements Act or NAFTA, provided the contract states that the goods entering under the contract; and should not include duty. final price is exclusive of duty. (2) Review the prime contract to (B) Offers of U.S. made end products (ii) Purchases of foreign supplies by a ensure that performance of the contract with nonqualifying country domestic prime contractor under a cost- requires the foreign supplies (quantity components, and offers that are neither reimbursement type contract or by a and price) identified in the notice. qualifying country offers nor offers of cost-reimbursement type subcontractor (C) Upon receipt of notification from eligible products under a trade (where no fixed-price prime or fixed- the contractor that it is placing a foreign agreement, should contain applicable price subcontract intervenes between purchase that was not identified at the duty. the purchaser and the Government), time of contract award— (c) Exclude from the evaluation of whether title passes at point of origin or (1) Determine whether a reduction in domestic end products, or information at destination in the United States. If a the contract price is required under the technology end products in Federal fixed-price prime or fixed-price clause at FAR 52.225–8, Duty-Free Supply Group 70 or 74 in acquisitions subcontract intervenes, follow the Entry; subject to the Trade Agreements Act, criteria stated in paragraph (2) If so, make an equitable any duty for nonqualifying country (a)(iii)(A)(1)(iii) of this section. adjustment in the contract price, unless components listed in the provision at (iii) Purchases of foreign supplies by the procuring contracting officer waives 252.225–7003, Information for Duty- a fixed-price domestic prime contractor, this adjustment; Free Entry Evaluation, for which duty- a fixed-price subcontractor, or a cost- (3) Determine the price of the foreign free entry will be granted. type subcontractor where a fixed-price supplies exclusive of duty, and advise
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‘‘225.408(a)(i)’’ and adding in its place 252.225±7042 [Amended] participation in the Indian Incentive ‘‘225.1101(5)’’. 35. Section 252.225–7042 is amended Program under DoD contracts. Section 8024 of the DoD Appropriations Act for 252.225±7007 [Amended] in the introductory text by removing ‘‘225.97’’ and adding in its place Fiscal Year 1999 (Public Law 105–262) 25. Section 252.225–7007 is amended ‘‘225.1103(3)’’. and Section 8024 of the DoD in the introductory text by removing Appropriations Act for Fiscal Year 2000 [FR Doc. 00–9087 Filed 4–12–00; 8:45 am] ‘‘225.408(a)(ii)’’ and adding in its place (Public Law 106–79) eliminated the ‘‘225.1101(6)’’. BILLING CODE 5000±04±M requirements for a DoD contractor to submit a subcontracting plan before it 252.225±7008 [Amended] may participate in the Indian Incentive DEPARTMENT OF DEFENSE 26. Section 252.225–7008 is amended Program. DoD implements the Indian Incentive in the introductory text by removing 48 CFR Part 226 ‘‘225.605–70(e)’’ and adding in its place Program through use of the clause at [DFARS Case 99±D300] ‘‘225.1101(7)’’. Federal Acquisition Regulation (FAR) 52.226–1, Utilization of Indian 252.225±7009 [Amended] Defense Federal Acquisition Organizations and Indian-Owned Regulation Supplement; Utilization of Economic Enterprises. The FAR and 27. Section 252.225–7009 is amended Indian Organizations and Indian- DFARS previously prescribed use of the in the introductory text by removing Owned Economic Enterprises clause in only those DoD contracts that ‘‘225.605–70(a)’’ and adding in its place AGENCY: Department of Defense (DoD). contain subcontracting plan ‘‘225.1101(8)’’. requirements. On October 26, 1999, a ACTION: Final rule 252.225±7010 [Amended] proposed FAR rule was published at 64 SUMMARY: The Acting Director of FR 57964 to remove the FAR 28. Section 252.225–7010 is amended Defense Procurement has issued a final requirements for DoD use of the clause; in the introductory text by removing rule amending the Defense Federal these DFARS amendments replace the ‘‘225.605–70(c)’’ and adding in its place Acquisition Regulation Supplement FAR requirements. ‘‘225.1101(9)’’. (DFARS) to revise procedures pertaining DoD published a proposed rule at 64 FR 63003 on November 18, 1999. 252.225±7020 [Amended] to the Indian Incentive Program. The Program provides for incentive Thirty-six sources submitted comments 29. Section 252.225–7020 is amended payments to Government contractors on the proposed rule. DoD considered in the introductory text by removing that use Indian organizations and all comments in the development of the ‘‘225.408(a)(iii)’’ and adding in its place Indian-owned economic enterprises as final rule. The final rule differs from the ‘‘225.1101(10)’’. subcontractors. This rule reflects new proposed rule in that it lowers the dollar threshold for us of the clause at FAR 252.225±7021 [Amended] statutory provisions that permit small business concerns to participate in the 52.226–1, to provide increased 30. Section 252.225–7021 is amended Indian Incentive Program. opportunity or small business concerns to participate in the Indian Incentive in the introductory text by removing EFFECTIVE DATE: April 13, 2000. ‘‘225.408(a)(iv)’’ and adding in its place Program. FOR FURTHER INFORMATION CONTACT: Ms. ‘‘225.1101(11)’’. This rule was not subject to Office of Susan Schneider, Defense Acquisition Management and Budget review under 252.225±7035 [Amended] Regulations Council, PDUSD (AT&L) DP Executive Order 12866, dated (DAR), IMD 3D139, 3062 Defense September 30, 1993. 31. Section 252.225–7035 is amended Pentagon, Washington, DC 20301–3062. in the introductory text by removing Telephone (703) 602–0262; telefax (703) B. Regulatory Flexibility Act ‘‘225.408(a)(v)’’ and adding in its place 602–0350. Please cite DFARS Case 99– DoD expects this final rule to have a ‘‘225.1101(12)’’; and in Alternate I by D300. significant economic impact on a removing ‘‘225.408(a)(v)(B)(2)’’ and SUPPLEMENTARY INFORMATION: substantial number of small entities adding in its place ‘‘225.1101(12)(ii)’’. within the meaning of the Regulatory A. Background 252.225±7036 [Amended] Flexibility Act, 5 U.S.C. 601, et seq. A The rule revises DFARS Subpart 226.1 final regulatory flexibility analysis has 32. Section 252.225–7036 is amended to update procedures pertaining to the been prepared and its summarized as in the introductory text by removing Indian Incentive Program. Section 504 follows: ‘‘225.408(a)(vi)’’ and adding in its place of the Indian Financing Act of 1974 (25 The legal basis for the rule is Section ‘‘225.1101(13)’’; and in Alternate I U.S.C. 1544) established the Indian 504 of the Indian Financing Act of 1974 introductory text by removing Incentive Program, which provides for (25 U.S.C. 1544); Section 8024 of the ‘‘225.408(a)(vi)(B)(2)’’ and adding in its payment of incentives to Government DoD Appropriations Act for Fiscal Year place ‘‘225.1101(13)(i)(B)’’. contractors that use Indian 1999 (Public Law 105–262); and Section 252.225±7037 [Amended] organizations and Indian-owned 8024 of the DoD Appropriations Act for economic enterprises as subcontractors. Fiscal Year 2000 (Public Law 106–79). 33. Section 252.225–7037 is amended Prior to fiscal year 1999, annual This rule will apply to all DoD in the introductory text by removing appropriations acts restricted DoD contractors that have the clause at FAR ‘‘225.605–70(b)’’ and adding in its place payments under the Program to those 52.226–1, Utilization of Indian ‘‘225.1101(14)’’. contractors that submitted small Organizations and Indian-Owned business subcontracting plans pursuant Economic Enterprises, incorporated into 252.225±7041 [Amended] to 15 U.S.C. 637(d) or Section 854 of their contracts. The proposed rule 34. Section 252.225–7041 is amended Public Law 101–89 (15 U.S.C. 637 note). required use of the clause at FAR in the introductory text by removing Since small business concerns are not 52.226–1 in construction contracts ‘‘225.971’’ and adding in its place required to submit subcontracting plans, valued at $1,000,000 or more, and in ‘‘225.1103(2)’’. small businesses were excluded from other than construction contracts valued
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EFFECTIVE DATE: April 13, 2000. PART 252ÐSOLICITATION one large school or small medium BFT FOR FURTHER INFORMATION CONTACT: Ms. PROVISIONS AND CONTRACT until May 31, 2001. Amy Williams, Defense Acquisition CLAUSES FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, (978) 281–9146. Regulations Council, PDUSD (AT&L) DP 252.225±7007 [Amended] (DAR), IMD 3D139, 3062 Defense SUPPLEMENTARY INFORMATION: Pentagon, Washington, DC 20301–3062. 2. Section 252.225–7007 is amended Regulations implemented under the Telephone (703) 602–0288; telefax (703) by revising the clause date to read authority of the Atlantic Tunas 602–0350. Please cite DFARS Case ‘‘(APR 2000)’’; and in paragraph (a)(1) Convention Act (16 U.S.C. 971 et seq.) 2000–D006. by removing ‘‘Dominican Republic’’ and and the Magnuson-Stevens ‘‘Honduras’’. SUPPLEMENTARY INFORMATION: Conservation and Management Act (16 252.225±7021 [Amended] U.S.C. 1801 et seq.) governing the A. Background harvest of BFT by persons and vessels 3. Section 252.225–7021 is amended The USTR published a notice of 65 FR subject to U.S. jurisdiction are found at by revising the clause date to read 50 CFR part 635. 9038 on February 23, 2000, to renew the ‘‘(APR 2000)’’; and in paragraph (a)(1) treatment of Caribbean Basin Country Implementing regulations for the by removing ‘‘Dominican Republic’’ and Atlantic tuna fisheries at § 635.23 allow end products as eligible products under ‘‘Honduras’’. the Trade Agreements Act, except for for adjustments to the daily retention end products from the Dominican [FR Doc. 00–9086 Filed 4–12–00; 8:45 am] limits in order to provide for maximum Republic and Honduras. The clauses at BILLING CODE 5000±04±M utilization of the quota over the longest DFARS 252.225–7007, Buy American possible period of time. NMFS may Act—Trade Agreements—Balance of increase or reduce the per angler Payments Program, and 252.225–7021, DEPARTMENT OF COMMERCE retention limit for any size class BFT or Trade Agreements, list the Caribbean may change the per angler limit to a per Basin countries whose products are National Oceanic and Atmospheric boat limit or the per boat limit to a per eligible products under the Trade Administration angler limit. NMFS is responsible for Agreements Act. This final rule amends implementing a recommendation of the the clauses to remove the Dominican 50 CFR Part 635 International Commission for the Republic and Honduras from the list, in [I.D. 033100D] Conservation of Atlantic Tunas (ICCAT) accordance with the USTR to limit the catch of school BFT to no determination. Atlantic Highly Migratory Species Fisheries; Atlantic Bluefin Tuna more than 8 percent by weight of the This rule was not subject to Office of total domestic landings quota over each Management and Budget review under AGENCY: National Marine Fisheries 4–consecutive-year period. NMFS is Executive Order 12866, dated Service (NMFS), National Oceanic and implementing this ICCAT September 30, 1993. Atmospheric Administration (NOAA), recommendation through annual and B. Regulatory Flexibility Act Commerce. inseason adjustments to the school BFT ACTION: Retention limit adjustment. retention limits, as necessary, and This final rule does not constitute a through the establishment of a school significant revision within the meaning SUMMARY: NMFS extends the expiration BFT reserve (64 FR 29090, May 28, of FAR 1.501 and Public Law 98–577 date of the current daily retention limit 1999; 64 FR 29806, June 3, 1999). The and publication for public comment is for the Angling category fishery for recent ICCAT recommendation allows not required. However, DoD will Atlantic bluefin tuna (BFT), which NMFS more flexibility to make consider comments from small entities published on December 16, 1999. The interannual adjustments for concerning the affected DFARS subpart current daily retention limit per vessel overharvests and underharvests, in accordance with 5 U.S.C. 610. Such in all areas of one large school or small provided that the 8–percent landings comments should cite DFARS Case medium BFT (measuring 47 to less than limit is met over the applicable 4– 2000–D006. 73 inches, 119 to less than 185 cm, consecutive-year period. This approach C. Paperwork Reduction Act curved fork length) is extended from provides NMFS with the flexibility to May 31, 2000, through June 22, 2000. In enhance fishing opportunities and the The Paperwork Reduction Act does addition, NMFS is making subsequent collection of information on a broad not apply because the rule does not adjustments to the daily retention limit, range of BFT size classes and responds impose any information collection as noted in the DATES section of this to requests from the recreational fishing requirements that require the approval document. This action is being taken to community for more advance notice of of the Office of Management and Budget provide increased fishing opportunities retention limit adjustments and greater under 44 U.S.C. 3501, et seq. in all areas without risking overharvest certainty in planning for the fishing List of Subjects in 48 CFR Part 252 of this category. season. DATES: The expiration date of the In the last few years, NMFS has Government procurement. current daily retention limit in all areas received comment from mid-Atlantic Michele P. Peterson, of one large school or small medium fishermen that the implementation of an Executive Editor, Defense Acquisition BFT (published on December 16, 1999, increased daily retention limit over a Regulations Council. at 64 FR 70198) is extended from May date-certain period is preferable to a 31, 2000, through June 22, 2000. longer season with a lower daily Therefore, 48 CFR part 252 is Effective June 23 through July 30, retention limit as it facilitates the amended as follows: 2000, the daily retention limit in all scheduling of fishing trips, particularly 1. The authority citation for 48 CFR areas is adjusted to two school BFT and charter trips. In 1999, NMFS increased part 252 continues to read as follows: one large school or small medium BFT. the daily retention limit to two school Authority: 41 U.S.C. 421 and 48 CFR Effective July 31, 2000, the daily BFT and one large school or small Chapter 1. retention limit in all areas is adjusted to medium BFT per vessel for the periods
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June 25 through July 25 and September New Jersey, provided that BFT Angling the NMFS Automated Landings 1 through October 6. Comments from category quota remains available. Reporting System via phone: (888) 872– Angling category participants regarding NMFS selected the daily retention 8862; or the Internet the 1999 fishing season have been limit and the duration of the daily (www.nmfspermits.com); or, if landed positive, and NMFS intends to provide retention limit adjustment after in the states of North Carolina or advanced notice regarding daily examining past catch and effort rates. Maryland, to a reporting station prior to retention limits again for the 2000 NMFS will continue to monitor the offloading. Information about these state fishing year. Since October 6, 1999, Angling category fishery closely through harvest tagging programs, including NMFS has maintained the daily the Automated Landings Reporting reporting station locations, can be retention limit at one large school or System, the state harvest tagging obtained in North Carolina by calling small medium BFT per vessel. Because programs in North Carolina and (800) 338–7804, and in Maryland by the current daily retention limit is valid Maryland, and the Large Pelagic Survey. calling (410) 213–1531. Depending on the level of fishing effort only through the end of the 1999 fishing In addition, anglers aboard permitted and catch rates of BFT, NMFS may year, i.e., May 31, 2000 (64 FR 70198, vessels may continue to tag and release determine that an interim closure or an December 16, 1999), NMFS must BFT of all sizes under a tag-and-release additional retention limit adjustment is announce a daily retention limit program, provided the angler tags all adjustment effective June 1, 2000, even necessary to enhance scientific data collection from, and fishing BFT so caught, regardless of whether though NMFS does not intend to previously tagged, with conventional increase the retention limit from the opportunities in, all geographic areas. Additionally, NMFS may determine that tags issued or approved by NMFS, current limit until late June 2000. an allocation from the school BFT returns such fish to the sea immediately Therefore, beginning June 1, 2000, reserve is warranted to further fishery after tagging with a minimum of injury, NMFS adjusts the BFT Angling category management objectives. and reports the tagging, and, if the BFT daily retention limit for all areas to one Closures or subsequent adjustments to was previously tagged, the information large school or small medium BFT per the daily retention limit, if any, will be on the previous tag (50 CFR 635.26). vessel, effectively maintaining the announced through publication in the Classification current retention limit through June 22, Federal Register. In addition, anglers 2000. Effective June 23 through July 30, may call the Atlantic Tunas Information This action is taken under 50 CFR 2000, NMFS adjusts the daily retention Line at (888) 872–8862 or (978) 281– 635.23(b)(3). This action is exempt from limit for all areas to two school BFT and 9305 for updates on quota monitoring review under E.O. 12866. one large school or small medium BFT and retention limit adjustments. Anglers Authority: 16 U.S.C. 971 et seq. and 1801 per vessel. After July 30, 2000, the daily aboard Charter/Headboat category et seq. retention limit for all areas will be one vessels, when engaged in recreational large school or small medium BFT per fishing for school, large school, and Dated: April 6, 2000. vessel. NMFS intends to adjust the daily small medium BFT, are subject to the Gary C. Matlock, retention limit again during late summer same rules as anglers aboard Angling Director, Office of Sustainable Fisheries, and early fall season when BFT have category vessels. All BFT landed under National Marine Fisheries Service. moved further north to the waters off the Angling category quota must be [FR Doc. 00–9123 Filed 4–12–00; 8:45 am] Rhode Island, New York, and northern reported within 24 hours of landing to BILLING CODE 3510±22±F
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Proposed Rules Federal Register Vol. 65, No. 72
Thursday, April 13, 2000
This section of the FEDERAL REGISTER SUPPLEMENTARY INFORMATION: The Board which may occur after the participant’s contains notices to the public of the proposed administers the Thrift Savings Plan right to file a claim has expired. A issuance of rules and regulations. The (TSP), which was established by the similar conflict exists in § 1605.8(c) purpose of these notices is to give interested Federal Employees’ Retirement System with respect to claims for correction of persons an opportunity to participate in the Act of 1986 (FERSA), Public Law 99– Board or TSP record keeper errors. rule making prior to the adoption of the final rules. 335, 100 Stat. 514, codified, as Although it has been the Board’s amended, largely at 5 U.S.C. 8351 and experience that errors are almost always 8401–8479. The TSP is a tax-deferred corrected upon discovery, the Board FEDERAL RETIREMENT THRIFT retirement savings plan for Federal recognizes that this conflict should be INVESTMENT BOARD employees, similar to a cash or deferred eliminated to the extent possible. arrangement established under section The amended regulation imposes 5 CFR Part 1605 401(k) of the Internal Revenue Code. different obligations on employing Sums in a TSP participant’s account are agencies, the Board, and the TSP record Correction of Administrative Errors held in trust for that participant. keeper to correct errors depending upon AGENCY: Federal Retirement Thrift On December 27, 1996, and May 1, the length of time that has passed Investment Board. 1998, the Board published final rules in between the error and its discovery. ACTION: Proposed rule with request for the Federal Register concerning the Certain types of errors must be corrected comment. correction of administrative errors (61 if they are discovered within six FR 67472 and 63 FR 24380). These rules months. For agencies, these errors SUMMARY: The Executive Director of the were codified at 5 CFR part 1605. The concern the amount and timely Federal Retirement Thrift Investment final rules explain how employing remittance of contributions. For the Board (Board) proposes to amend its agencies, the TSP record keeper, and the Board and TSP record keeper, these regulations on Correction of Board identify and correct errors concern elections to withdraw a Administrative Errors to change the administrative errors in TSP TSP account and the distribution of period of time for submission of claims contributions or account balances. The death benefits. If such errors are for the correction of errors in a proposed rule amends these rules. discovered more than six months after participant’s Thrift Savings Plan (TSP) The Board proposes to change the their occurrence, the agency, Board, or account. As presently written, certain method of calculation of lost earnings TSP record keeper may exercise its sections of the regulations impose for makeup contributions from certain sound discretion in deciding whether to conflicting duties upon participants to back pay awards involving separations correct them. (It is assumed that none of file claims for correction of errors in from service. Currently, § 1605.4(a)(3) the foregoing errors are first discovered their TSP accounts within one year of describes a process for determining lost by a participant.) receipt of notice of an error, and also earnings based upon the rates of return For such errors that are discovered by upon employing agencies or the Board for the G Fund. The rule does not take participants, the amendment permits to correct an error without regard to into account the circumstances of them to file claims against their when the error is discovered. The individual cases that are brought before employing agencies, the Board, or the amended regulation resolves this and considered by the court or other TSP record keeper without limitation as conflict by specifying when errors must tribunal with jurisdiction over the back to time. If the claim is filed within six be corrected by the employing agency, pay case. Thus, the amendment months of the error, the error must be the Board, or the TSP record keeper, as provides that the TSP will use the G corrected; otherwise, the agency, Board, the case may be, and when they may be Fund rate, unless otherwise ordered by or record keeper may use its sound corrected in the sound discretion of the court or other tribunal with discretion in deciding whether to do so. these parties. jurisdiction over the case. (Although a participant is not limited as In addition, the amended regulation Section 1605.6 describes procedures to time in filing a claim for this type of provides that lost earnings in back pay for participants filing claims against error, the agency, Board, or record cases involving separations from service employing agencies. Section 1605.8 keeper, in deciding the claim, may will be calculated based upon the G describes a similar process for claims consider the length of time that has Fund rates of return, as the regulation against the Board or TSP record keeper. passed since the participant first knew, presently provides, or as otherwise Currently, paragraph (b) of § 1605.6 or should have known, of the error.) ordered by the court or other tribunal provides that, if an agency has not For any other type of error (except a with jurisdiction over the back pay case. voluntarily corrected an administrative retirement system misclassification DATES: Comments must be received on error, a participant must file a claim for error, discussed below), the agency, or before May 15, 2000. correction within one year of receipt of Board, or TSP record keeper, as the case ADDRESSES: Comments may be sent to the earliest of several forms of notice of may be, must correct the error if it is Elizabeth S. Woodruff, General Counsel, the error. At the same time, the discovered within 30 days of the Federal Retirement Thrift Investment regulation requires agencies to issuance of the most recent TSP Board, 1250 H Street, N.W., ‘‘promptly correct’’ errors ‘‘upon participant statement or transaction Washington, D.C. 20005. discovery.’’ Thus, a conflict exists confirmation that reflects the error; if it FOR FURTHER INFORMATION CONTACT: between a participant’s obligation to file is discovered after that time, they may Merritt A. Willing on (202) 942–1666 or a timely claim for correction and an use their sound discretion in deciding Patrick J. Forrest on (202) 942–1659, agency’s obligation to correct whether to do so. (Participant FAX (202) 942–1676. administrative errors ‘‘upon discovery,’’ statements will be issued in May and
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September during 2000; thereafter, Unfunded Mandates Reform Act of would reflect) the error. If it is participant statements will be issued in 1995 discovered after that time, the January, April, July, and October of Pursuant to the Unfunded Mandates employing agency may exercise sound every year.) Reform Act of 1995, 2 U.S.C. 602, 632, discretion in deciding whether to For such errors discovered by 653, and 1501–1571, the effects of this correct the error, but, in any event, must participants, claims must be filed with regulation on state, local, and tribal act promptly in doing so; provided, the participant’s employing agency, the governments and the private sector have however, that no contribution allocation Board, or the TSP record keeper within been assessed. This regulation will not error which occurred before October 1, 30 days of the participant’s receiving compel the expenditure in any one year 2000, may be corrected if it is not the notice of the error in the TSP participant of $100 million or more by state, local, subject of a timely claim. statement or transaction confirmation. and tribal governments in the aggregate, (b) Participant’s discovery of error. (1) For timely filed claims, the errors must or by the private sector. Therefore, a If an agency fails to discover an error of be corrected. For untimely filed claims, statement under section 1532 is not which a participant has knowledge however, the agency, Board or TSP required. involving the correct or timely remittance of contributions to the TSP, record keeper may use its sound List of Subjects in 5 CFR Part 1605 the participant may file a claim for discretion in deciding whether to do so. correction thereof with his or her While participants are therefore Claims, Employment benefit plans, employing agency without limitation of required to be diligent in discovering Government employees, Pensions, time. The agency must promptly correct errors in their accounts, the Board Retirement. any such error for which the participant considers this to be reasonable, Roger W. Mehle, filed a claim within six months of its particularly in the daily transaction Executive Director, Federal Retirement Thrift occurrence; the correction of any such environment forthcoming on October 1, Investment Board. error for which the participant filed a 2000. For the reasons set out in the claim after that time is in the agency’s There is one type of error for which preamble, 5 CFR Part 1605 is proposed sound discretion. participants will not be able to receive to be amended as set forth below: (2) For any other type of error of correction after October 1, 2000, if they which a participant has knowledge have not filed a timely claim. As PART 1605ÐCORRECTION OF (other than a retirement system amended, §§ 1605.6 and 1605.8 provide ADMINISTRATIVE ERRORS misclassification error, described in that no contribution allocation errors 1. The authority citation for part 1605 paragraph (c) of this section), the occurring before October 1, 2000, may continues to read as follows: participant may file a claim for be corrected if the participant does not correction thereof with his or her Authority: 5 U.S.C. 8351 and 8474. bring the error to the attention of his or employing agency no later than 30 days her agency (or the Board or the TSP § 1605.4 [Amended] after the participant receives a TSP record keeper, as the case may be) 2. Section 1605.4 is amended by participant statement reflecting the within the relevant 30-day period. The adding after the word ‘‘account’’ at the error. The agency must promptly correct Board will implement a new record end of paragraph (a)(3) the words such errors. keeping system on October 1, 2000, and, ‘‘unless otherwise ordered by the court (3) If a participant fails to file a claim inasmuch as pre-conversion or other tribunal with jurisdiction over for correction of an error described in contribution allocation errors will be the participant’s back pay case’’. paragraph (b)(2) of this section in a extremely difficult to correct, the Board 3. Section 1605.6 is revised to read as timely manner, the agency may, in its must insist on compliance with the 30- follows: sound discretion, correct any such error day limit. that is brought to its attention; provided, § 1605.6 Procedures for claims against however, that no contribution allocation Errors arising from retirement system employing agencies; time limitations. misclassification must be corrected no error which occurred before October 1, matter when they are discovered, (a) Agency’s discovery of error. (1) 2000, may be corrected if it is not the whether by an agency or a participant. Upon discovery of an error made within subject of a timely claim. the past six months involving the (c) Retirement system Finally, current § 1605.8(b) is correct or timely remittance of misclassification error. Errors arising amended by deleting that portion which contributions to the TSP (other than a from retirement system misclassification describes internal processes between the retirement system misclassification must be corrected no matter when they Board and TSP record keeper and by error, described in paragraph (c) of this are discovered, whether by an agency or clarifying the effect of a participant’s section), an employing agency must a participant. failure to request Board review of a promptly correct the error on its own (d) Agency procedures. Each decision of the TSP record keeper in a initiative. If the error was made more employing agency must establish timely manner. than six months before its discovery, the procedures for participants to submit Regulatory Flexibility Act agency may exercise sound discretion in claims for correction under this subpart. deciding whether to correct it, but, in Each employing agency’s procedures I certify that these regulations will not any event, the agency must act promptly must include the following: have a significant economic impact on in doing so. (1) The employing agency must a substantial number of small entities. (2) For any other type of error (other provide the participant with a decision They will affect only employees of the than a retirement system on any claim within 30 days of its Federal Government. misclassification error, described in receipt, unless the employing agency Paperwork Reduction Act paragraph (c) of this section), an provides the participant with good employing agency must promptly cause for requiring a longer period to I certify that these regulations do not correct the error on its own initiative if decide the claim. A decision to deny a require additional reporting under the it is discovered before 30 days after the claim in whole or in part must be in criteria of the Paperwork Reduction Act issuance of the most recent TSP writing and must include the reasons for of 1980. participant statement that reflected (or the denial, citations to any applicable
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PART 204ÐADMINISTRATIVE shown in Block 9d of the DD Form (DFARS) pertaining to contractor release MATTERS 1594, or in columns 59–65 of the PK9– of sensitive, unclassified contract * * * * * information. DoD is planning to revise 2. Section 204.804 is amended by [FR Doc. 00–9083 Filed 4–12–00; 8:45 am] DoD Regulation 5200.1–R, Information revising the introductory text to read as BILLING CODE 5000±04±M Security Program, including the policy follows: pertaining to sensitive infroamtion. DoD will reexamine the need for DFARs 204.804 Closeout of contract files. DEPARTMENT OF DEFENSE amendments on this subject when the Normally, the closeout date for revision of DOD Regulation 5200.1–R is contract files is the date in Block 9d on 48 CFR Parts 204 and 252 complete. the DD Form 1594, Contract Completion [DFARS Case 99±D015] FOR FURTHER INFORMATION CONTACT: Ms. Statement, or in columns 59–65 on the Melissa Rider, Defense Acquisition PK9. However, if the contract includes Defense Federal Acquisition Regulations Council, PDUSD (AT&L) DP Foreign Military Sales (FMS) contact Regulation Supplement; Disclosure of (DAR), IMD 3D139, 3062 Defense line items and non-FMS contract line Information Pentagon, Washington, DC 20301–3062. items, the FMS contract line items Telephone (703) 602–4245; telefax (703) AGENCY: Department of Defense (DoD). should be closed out as soon as the 602–0350. Please cite DFARS Case 99– ACTION: Proposed rule; withdrawal. closeout requirements for those line D015. items are satisfied in accordance with SUMMARY: DoD is withdrawing the Michele P. Peterson, FAR 4.804. If the contracting office must proposed rule published at 64 FR 56724 Executive Editor, Defense Acquisition do a major closeout action that will take on October 21, 1999. The rule proposed Regulations Council. longer than 3 months after the date amendments to the Defense Federal [FR Doc. 00–9082 Filed 4–12–00; 8:45 am] Acquisition Regulation Supplement BILLING CODE 5000±04±M
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Notices Federal Register Vol. 65, No. 72
Thursday, April 13, 2000
This section of the FEDERAL REGISTER Development Act (Con Act) (7 U.S.C. ways to enhance the quality, utility and contains documents other than rules or 1983) and § 502 of the Housing Act of clarity of the information to be proposed rules that are applicable to the 1949 (42 U.S.C. 1472) require the collected; and (d) ways to minimize the public. Notices of hearings and investigations, Agencies to ‘‘graduate’’ their direct loan burden of the collection of information committee meetings, agency decisions and borrowers to other credit when they are on those who are to respond, including rulings, delegations of authority, filing of petitions and applications and agency able to do so. Graduation is required through the use of appropriate statements of organization and functions are because Government loans are not automated, electronic, mechanical, or examples of documents appearing in this meant to be extended beyond a other technological collection section. borrower’s need for subsidized rates or techniques or other forms of information government credit. The borrower must technology. Comments may be sent to refinance their direct Government loan Barbara Williams, Regulations and DEPARTMENT OF AGRICULTURE when other credit becomes available at Paperwork Management Branch, reasonable rates and terms. If other Support Services Division, U.S. Rural Housing Service credit is not available the Agency will Department of Agriculture, Rural continue to review the borrower for Development, STOP 0742, 1400 Rural Business-Cooperative Service possible graduation at periodic Independence Ave. SW, Washington, intervals. Also, § 333A(f) of the Con Act DC 20250. All responses to this notice Rural Utilities Service (7 U.S.C. 1983a (f)) requires the Agency will be summarized and included in the to provide a financial prospectus to request for OMB approval. All Farm Service Agency lenders who may be interested in comments will also become a matter of providing credit to Farm Service Agency public record. Notice of Request for Extension of a direct farm loan borrowers with an FSA Currently Approved Information Dated: April 3, 2000. guarantee. The information collected to Jill Long Thompson, Collection carry out these statutory mandates is Undersecretary for Rural Development. financial data such as amount of AGENCIES: Rural Housing Service, Rural August Schumacher, Jr., Business-Cooperative Service, Rural income, farm operating expenses, asset values, and liabilities. This information Undersecretary for Farm And Foreign Utilities Service, Farm Service Agency, Agricultural Services. USDA. collection is submitted by the Agencies’ borrowers to Agency offices and is used [FR Doc. 00–9174 Filed 4–12–00; 8:45 am] ACTION: Proposed collection; comments BILLING CODE 3410±XV±U requested. in the Agencies’ efforts to graduate direct borrowers to private credit. Estimate of Burden: Public reporting SUMMARY: In accordance with the DEPARTMENT OF AGRICULTURE Paperwork Reduction Act of 1995, this for this collection of information is notice announces the subject Agencies’ estimated to average 3 hours per Forest Service intention to request an extension for a response. currently approved information Respondents: Individuals or Correction; Information Collection; collection in support of the program for households, businesses or other for FS±1800±3, Youth Conservation Corps 7 CFR, part 1951, subpart F, ‘‘Analyzing profit and farms. Employment Credit Needs and Graduation of Estimated Number of Respondents: AGENCY: Forest Service, USDA. Borrowers.’’ 17,031. Estimated Number of Responses per ACTION: Notice. DATES: Comments on this notice must be Respondent: 1.47. received by June 12, 2000, to be assured Estimated Number of Responses: SUMMARY: This notice corrects the of consideration. 25,047. estimate of burden for the second part FOR FURTHER INFORMATION CONTACT: Estimated Total Annual Burden on of the request for reinstatement of the Phillip Elder, Senior Loan Officer, Respondents: 75,361 hours. information collection, Youth USDA, FSA, Farm Loan Programs, Loan Copies of this information collection Conservation Corps Employment. FS– Servicing Division, 1400 Independence can be obtained from Barbara Williams, 1800–3 Youth Conservation Corps Ave. SW., Washington, DC 20250–0523, Regulations and Paperwork (YCC) Medical History, was the second telephone (202) 690–4012. Electronic Management Branch, Support Services part of this information collection, mail: [email protected]. Division at (202) 692–0045. which was published in the Federal Register on February 10, 2000 (65 FR SUPPLEMENTARY INFORMATION: Comments Title: 7 CFR, Part 1951, Subpart F, 6579), with a request for comment ‘‘Analyzing Credit Needs and Comments are invited on: (a) Whether deadline of April 10, 2000. After further Graduation of Borrowers. the proposed collection of information discussion with the Department of OMB Number: 0575–0093. is necessary for the proper performance Interior, National Park Service, and Fish Expiration Date of Approval: June 30, of the functions of the subject Agencies, and Wildlife Service, the Forest Service 2000. including whether the information will determined that the number of Type of Request: Extension of a have practical utility; (b) the accuracy of respondents who will have to complete currently approved information the Agencies’ estimate of the burden of the Medical History form will be less collection. the proposed collection of information than the number stated in the published Abstract: Section 333 of the including the validity of the notice. Only youths who will be hired Consolidated Farm and Rural methodology and assumptions used; (c) will be required to complete FS–1800–
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3. Youths who apply for a position with CFR 217, as identified in the Decision 8, Washington, DC 20231; via facsimile the Youth Conservation Corps, but who Notice. The appeal period ends on May at 703–305–9373. All comments will not be hired will not have to 22, 2000. Copies of the Decision Notice received will be available for public complete this Medical History form. are available for calling 801/615–5897 inspection at the Public Search FOR FURTHER INFORMATION CONTACT: or from the Utah Northern Goshawk Facilities, Crystal Plaza 3, 2021 South Ransom Hughes, Youth Conservation Project’s website at: www.fs.fed.us/r4/ Clark Place, Arlington, VA 22202. Corps, Senior, Youth and Volunteer goshawk. For further information contact: Raymond Chen, Office of the Solicitor, Programs, at (703) 605–4854. FOR FURTHER INFORMATION CONTACT: Box 8, Washington, DC 20231, or by Questions about the Decision Notice Description of Information Collection phone at 703–305–9035. should be directed to Peter W. Karp, Title: FS–1800–3 Youth Conservation Uinta National Forest Supervisor and SUPPLEMENTARY INFORMATION: Pursuant Corps (YCC) Medical History. Team Leader for the Utah Northern to an executive branch initiative to OMB Number: 0596–0084. Goshawk Project, USDA Forest Service, update the Privacy Act systems of Expiration Date of Approval: October records, the Department of Commerce 31, 1997. PO Box 1428, Provo, UT 84601. Phone: 801/342–5100. amends three Privacy Act systems Estimate of Annual Burden: maintained by the U.S. Patent and 14 minutes. Dated: April 3, 2000. Trademark Office (PTO) to describe the Type of Respondents: Youth 15 to 18 Jack G. Troyer, current practices of the PTO. years of age. Deputy Regional Forester, Intermountain In addition to amending the notice of Estimated Annual Number of Region. routine uses, other changes are being Respondents: 2,000 (corrected from [FR Doc. 00–9245 Filed 4–12–00; 8:45 am] made to update the notice, including 18,000). amendments to categories of individuals Estimated Annual Number of BILLING CODE 3410±11±M covered by the system, categories of Responses per Respondent: 1. Estimated Total Annual Burden on records in the system, location of Respondents: 140 hours (corrected from DEPARTMENT OF COMMERCE records, authority for maintenance of 4,200 hours). the system, policy and practices for [Docket No. 000327082±0082±01] storing records, and the title and Dated: April 5, 2000. RIN 0605±XX07 business address of the agency official Clyde Thompson, responsible for the records. A more Deputy Chief for Business Operations. Privacy Act of 1974; System of detailed explanation of the changes [FR Doc. 00–9209 Filed 4–12–00; 8:45 am] Records follows for each system. BILLING CODE 3410±11±P The below-referenced Prefatory AGENCY: Department of Commerce. Statement of General Routine uses is ACTION: Notice of amendment of Privacy found at 46 FR 63501–63502 (December DEPARTMENT OF AGRICULTURE Act System of Records: Commerce/ 31, 1981). Patent and Trademark System 1; The Department of Commerce finds Forest Service Commerce—Patent and Trademark no probable or potential effect of the System 2; Commerce/Patent and proposal on the privacy of individuals. Utah Northern Goshawk Project Trademark System 5. To minimize the risk of unauthorized access to the system of records, the PTO AGENCY: Forest Service, USDA. SUMMARY: The Department of Commerce ACTION: Notice of Decision on the Utah has located paper records in lockable is amending the systems of records file cabinets or in metal file cabinets in Northern Goshawk Project listed under Commerce—Patent and Environmental Assessment. secured rooms or secured premises with Trademark Systems 1: Attorneys and access limited to those whose official SUMMARY: In the November 9, 1999, Agents Registered to Practice before the duties require access. Electronic files are Federal Register (Vol. 64, No. 216, Patent and Trademark Office; stored in secured premises with access pages 61062–61063), notice was given Commerce-Patent and Trademark limited to those whose official duties by the Intermountain Region of the Systems 2: Complaints, Investigations require access. Forest Service that the Environmental and Disciplinary Proceedings Relating Attorneys and Agents Registered To Assessment for the Utah Northern to Registered Patent Attorneys and Practice Before the Patent and Goshawk project was available for Agents; and Commerce-Patent and Trademark Office (PAT–TM–1) review and comment for 60 days. Trademark Systems 5: Non-Registered On March 14, 2000, Regional Forester Persons Rendering Assistance to Patent The system location disclosure is Jack A. Blackwell made his decision to Applicants. This action has been taken updated to reflect correct addresses and implement Alternative F as the to update the Privacy Act notice and to to reflect that records in this system may management direction to maintain and amend the routine use. We invite public be contained in the Office of Enrollment restore habitat for the northern goshawk comment on the proposed routine use in and Discipline (OED), the Office of the on the National Forests in Utah. This this publication. Solicitor, and/or the Commissioner’s decision amends the goals, objectives, DATES: Effective Date: The amendments Office. This amendment to the system standards, guidelines and monitoring will become effective as proposed location reflects current practice and requirements established in the current without further notice on May 15, 2000 does not constitute a new collection of land and resource management plans unless comments dictate otherwise. records. Changes in the PTO enrollment (forest plans) for the Ashley, Dixie, Comment Date: To be considered, and disciplinary rules, part 10 of 37 Fishlake, Manti-LaSal, Uinta, and written comments must be submitted on CFR, instituted in 1985, moved the Wasatch-Cache National Forests. The or before May 15, 2000. functions of enrollment and discipline amendments will be in effect until the ADDRESSES: Comments may be sent via from the Office of the Solicitor to OED, forest plans are revised. United States Mail delivery to Raymond a separate office. Moreover, under The decision may be appealed in Chen, Office of the Solicitor, United current enrollment and disciplinary accordance with the provisions of 36 States Patent and Trademark Office, Box rules, persons covered by this system
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RETENTION AND DISPOSAL: DEPARTMENT OF COMMERCE Dated: April 27, 2000. Records retention and disposal is in Joseph A. Spetrini, International Trade Administration accordance with the unit’s Records Deputy Assistant Secretary Enforcement Control Schedule. Group III. [A±485±803] [FR Doc. 00–9239 Filed 4–12–00; 8:45 am] SYSTEM MANAGER(S) AND ADDRESS: BILLING CODE 3510±DS±P Cut-to-Length Carbon Steel Plate From Director, Office of Enrollment and Romania; Time Limits Discipline, Box OED, U.S. Patent and DEPARTMENT OF COMMERCE Trademark Office, Washington, DC AGENCY: Import Administration, 20231. International Trade Administration, International Trade Administration Department of Commerce. [A±560±810, A±580±843] NOTIFICATION PROCEDURE: ACTION: Notice of extension of time limit Director, Office of Enrollment and for preliminary results of antidumping Notice of Postponement of Preliminary Discipline, Box OED, U.S. Patent and duty administrative review. Antidumping Duty Determinations: Certain Expandable Polystyrene Trademark Office, Washington, DC SUMMARY: The Department of Commerce 20231. Requester should provide name, Resins From Indonesia and the (the Department) is extending the time Republic of Korea address, date of application, and record limit for the preliminary results of the sought, pursuant to the inquiry 1998–1999 administrative review of the AGENCY: Import Administration, provisions of the Department’s rules in antidumping duty order on cut-to-length International Trade Administration, 15 CFR part 4b. carbon steel plate from Romania. This Department of Commerce. review covers two exporters of the EFFECTIVE DATE: April 13, 2000. RECORD ACCESS PROCEDURES: subject merchandise to the United FOR FURTHER INFORMATION CONTACT: Requests from individuals should be States, Metalexportimport, S.A. and Valerie Ellis or David Layton, Office 5, addressed to: Same address as stated in Windmill International Romania Branch Group II, Import Administration, the notification section above. (Windmill), and one manufacturer of the International Trade Administration, subject merchandise, C. S. Sidex, S.A. U.S. Department of Commerce, 14th CONTESTING RECORD PROCEDURES: The period of review is August 1, 1998 Street and Constitution Avenue, NW, The Department’s rules for access, for through July 31, 1999. Washington, DC 20230; telephone (202) contesting contents, and for appealing EFFECTIVE DATE: April 13, 2000. 482–2336, or (202) 482–0371, respectively. initial determinations by the individual FOR FURTHER INFORMATION CONTACT: Fred concerned appear in 15 CFR part 4b. Baker at (202) 482–2924 or Robert James Postponement of Preliminary at (202) 482–0649, Antidumping and Determination RECORD SOURCE CATEGORIES: Countervailing Duty Enforcement Group The Department of Commerce (the Patent applicants who have received III, Import Administration, International Department) is postponing the and paid for services by the individuals Trade Administration, U.S. Department preliminary determinations in the on whom the records are maintained. of Commerce, 14th Street and antidumping duty investigations of Constitution Avenue NW, Washington, certain expandable polystyrene resins SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS DC 20230. from Indonesia and the Republic of OF THE ACT: SUPPLEMENTARY INFORMATION: The Korea. The deadline for issuing the Pursuant to 5 U.S.C. 552a(k)(2), all Department initiated this administrative preliminary determinations in these investigatory materials in the record review on October 1, 1999 (64 FR investigations is now June 20, 2000. which meet the criteria in 5 U.S.C. 53318) and November 4, 1999 (64 FR On December 13, 1999, the 552a(k)(2) are exempted from the notice, 60161). Under section 751(a)(3)(A) of Department initiated antidumping access, and contest requirements (under the Tariff Act of 1930, as amended (the investigations of certain expandable 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), Tariff Act), the Department may extend polystyrene resins from Indonesia and (H), and (I), and (f)) of the agency the deadline for completion of an the Republic of Korea. See Initiation of regulations because of the necessity to administrative review if it determines Antidumping Duty Investigations: exempt this information and material in that it is not practicable to complete the Certain Expandable Polystyrene Resins order to accomplish the law review within the statutory time limit of from Indonesia and the Republic of enforcement function of the agency, to 365 days. Because of the complexity and Korea, 64 FR 71112 (December 20, prevent subjects of investigations from difficulty presented with surrogate 1999). The notice stated that the frustrating the investigatory process, to country selection and factor valuation in Department would issue its preliminary prevent the disclosure of investigative this case, the Department is extending determinations no later than 140 days techniques, to fulfill commitments made the time limit for completion of the after the date of initiation (i.e., May 1, to protect the confidentiality of sources, preliminary results until August 30, 2000). to maintain access to sources of 2000. See Memorandum from Richard Pursuant to 19 CFR 351.205(e), on information, and to avoid endangering Weible to Joseph Spetrini, on file in March 29, 2000, the petitioners filed a these sources and law enforcement room B–099 of the main Commerce request that the Department postpone personnel. building. The deadline for the final the preliminary determinations in these results of this review will continue to be investigations. The petitioners’ request Dated: March 29, 2000. 120 days after the publication of the for postponement was timely, and the Brenda Dolan, preliminary results. Department finds no compelling reason Departmental Freedom of Information Act This extension is in accordance with to deny the request. Therefore, in and Privacy Act Officer. section 751(a)(3)(A) of the Tariff Act and accordance with section 733(c)(1) of the [FR Doc. 00–8862 Filed 4–12–00; 8:45 am] section 351.213(h)(2) of the Tariff Act of 1930, as amended (the Act), BILLING CODE 3510±16±P Department’s regulations. the Department is postponing the
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Normal Value circumstances do not exist with respect these companies. See Decision to Oriental and Zhonglu. See Memorandum, Comment 10. 1. Surrogate Country Preliminary Determination of Critical Verification Section 773(c)(4) of the Act requires Circumstances: Certain Non-Frozen the Department to value an NME Apple Juice Concentrate From the As provided in section 782(i) of the producer’s factors of production, to the People’s Republic of China, 64 FR 61835 Act, we verified the information extent possible, in one or more market (November 15, 1999). Our decision was submitted by respondents for use in our economy countries that: (1) Are at a based on the analysis of shipment data final determination. We used standard level of economic development submitted by the respondents and verification procedures including comparable to that of the NME, and (2) available import statistics, as well as examination of relevant accounting and are significant producers of comparable evidence of importer knowledge of production records, and original source merchandise. Regarding the first dumping and the likelihood of resultant documents provided by respondents. criterion, the Department has material injury. As discussed in the Analysis of Comments Received determined that India, Pakistan, Sri preliminary critical circumstances Lanka, Egypt, Indonesia, and the determination, the Department normally All issues raised in the case and Philippines are countries comparable to considers margins of 25 percent for EP rebuttal briefs by parties to this the PRC in terms of overall economic sales and 15 percent for CEP sales and investigation are addressed in the April development (see memorandum from a preliminary International Trade 6, 2000, Decision Memorandum which Jeff May, Director, Office of Policy, to Commission (‘‘ITC’’) determination of is hereby adopted by this notice. Susan Kuhbach, Senior Director, AD/ material injury sufficient to impute Attached to this notice as an appendix CVD Enforcement, Office 1, September knowledge of dumping and the is a list of the issues which parties have raised and to which we have responded 15, 1999) (‘‘Surrogate Memorandum’’)). likelihood of resultant material injury. in the Decision Memorandum. Parties In the Preliminary Determination, we Because the final calculated margins can find a complete discussion of all solicited further comments on this issue for North Andre, Haisheng, Zhonglu, issues raised in this investigation and from the parties. We received such and Oriental are below 15 percent, the the corresponding recommendations in comments on February 25 and 28, 2000, Department’s threshold for imputing this public memorandum which is on and in the case and rebuttal briefs filed knowledge of dumping is not met as to file in the Central Records Unit, Room on March 9 and 14, 2000. For purposes these companies. Thus, we do not find B–099 of the Department. In addition, a of the final determination, we have critical circumstances with respect to complete version of the Decision continued to rely on India as our these companies. Furthermore, the Memorandum can be accessed directly primary surrogate country in this weighted-average margin we calculated on the Web at www.ita.doc.gov/ investigation. See Decision for the non-selected respondents (Fuan, importladmin/records/frn. The paper Memorandum, Comment 1. When Asia Fruit, Changsha, and Shandong copy and electronic version of the Indian values were not available or were Foodstuffs) is less than the 25 percent Decision Memorandum are identical in determined to be aberrational, we used threshold for imputing knowledge with content. Indonesian or U.S. values. respect to EP sales, but greater than the 15 percent threshold for imputing Continuation of Suspension of 2. Factors of Production and Surrogate knowledge with respect to CEP sales. Liquidation Values Because the record as to these respondents does not indicate whether In accordance with section 735(c) of In our calculation of NV, we have the Act, we are directing the U.S. used the same factors of production and their sales were EP or CEP sales, we considered whether the 15 percent or 25 Customs Service (‘‘Customs’’) to the same surrogate values as in the continue to suspend liquidation of all Preliminary Determination, with the percent threshold was applicable with respect to those companies whose rates imports of the subject merchandise from following exceptions: the PRC, except for merchandise both To value rail freight we used a were used to calculate the weighted- average margin for the non-selected produced and exported by North Andre, surrogate value based on Northern India which has a zero margin, that are Railways data. See group (i.e., Haisheng, Oriental, and Nannan). Given that the 25-percent entered, or withdrawn from warehouse, Decision Memorandum, Comment 5. To threshold was appropriate for two of for consumption on or after November value aseptic bags for those respondents these three companies, we applied this 23, 1999, the date of publication of the that did not purchase them from a threshold for the non-selected Preliminary Determination in the market economy supplier, we used the respondents and thus we did not impute Federal Register. In addition, for average price paid by those respondents knowledge of dumping to the non- Lakeside, Nannan, and companies who did. See Decision Memorandum, selected respondent group. Accordingly, subject to the PRC-wide rate (including Comment 6. we also do not find critical SAAME), we are directing Customs to continue to suspend liquidation of any Critical Circumstances circumstances for the companies in this group. unliquidated entries of subject On November 3, 1999, the Department Because the final margins for merchandise entered, or withdrawn issued its preliminary determination Lakeside, Nannan and the companies in from warehouse, for consumption on or that critical circumstances exist with the PRC-wide entity (including SAAME) after August 25, 1999, the date 90 days respect to SAAME (which has since continue to be above the threshold for prior to the date of publication of the withdrawn from this investigation), imputing knowledge of dumping, and Preliminary Determination in the Lakeside, Haisheng, North Andre, because, as detailed in the preliminary Federal Register, in accordance with Nannan, those non-selected respondents determination, there is record evidence our critical circumstances finding. who requested separate rates (Fuan, sufficient to impute knowledge of injury Consistent with our negative final Asia Fruit, Changsha, and Shandong and to support a finding of massive critical circumstances determination for Foodstuffs), and those entities subject to imports over a relatively short period of Haisheng, Fuan, Asia Fruit, Changsha, the PRC-wide rate. We also time, we continue to find that critical and Shandong Foodstuffs (all of which preliminarily determined that critical circumstances exist with respect to were subject to a preliminary critical
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Weighted-average Critical cir- Exporter/manufacturer margin percentage cumstances
Yantai North Andre Juice Co., Ltd ...... 0.00 No. Shaanxi Haisheng Fresh Fruit Juice Co., Ltd ...... 12.90 No. Sanmenxia Lakeside Fruit Juice Co., Ltd ...... 28.54 Yes. Shandong Zhonglu Co., Ltd./Rushan Shangjin-Zhonglu Foodstuff Co., Ltd./Shandong Luling Fruit Juice 9.40 No. Co./Rushan Dongjin Foodstuffs. Yantai Oriental Juice Co., Ltd ...... 9.96 No. Qingdao Nannan Foods Co., Ltd ...... 26.43 Yes. Xian Asia Qin Fruit Co., Ltd ...... 15.36 No. Xian Yang Fuan Juice Co., Ltd ...... 15.36 No. Changsha Industrial Products & Minerals Import and Export Co., Ltd ...... 15.36 No. Shandong Foodstuffs Import and Export Corporation ...... 15.36 No. PRC-wide rate ...... 51.74 Yes.
The PRC-wide rate applies to all Comment 6: Valuation of aseptic bags Postponement of Preliminary entries of the subject merchandise Comment 7: Valuation of apple essence Determinations except for entries from exporters that are Comment 8: Valuation of SG&A, factory overhead, and profit The Department of Commerce (the identified individually above, and to Comment 9: Alleged wrongful initiation of any entries exported by, but Not Department) is postponing the investigation preliminary determinations in the produced by, North Andre. Comment 10: Critical circumstances antidumping duty investigations of ITC Notification Comment 11: Expansion of scope Comment 12: Customs instructions stainless steel butt-weld pipe fittings In accordance with section 735(d) of Comment 13: Zhonglu deposit rate from Germany, Italy, Malaysia and the Philippines. The deadline for issuing the Act, we have notified the ITC of our [FR Doc. 00–9240 Filed 4–12–00; 8:45 am] determination. As our final the preliminary determinations in these BILLING CODE 3510±DS±P determination is affirmative, the ITC investigations is now July 26, 2000. will, within 45 days, determine whether On January 18, 2000, the Department these imports are materially injuring, or DEPARTMENT OF COMMERCE initiated antidumping investigations of threaten material injury to, the U.S. stainless steel butt-weld pipe fittings industry. If the ITC determines that International Trade Administration from Germany, Italy, Malaysia and the material injury, or threat of material [A±428±827, A±475±828, A±557±809, A±565± Philippines. See Initiation of injury does not exist, the proceeding 801] Antidumping Duty Investigation: will be terminated and all securities Stainless Steel Butt-Weld Pipe Fittings posted will be refunded or canceled. If Notice of Postponement of Preliminary from Germany, Italy, Malaysia and the the ITC determines that such injury Antidumping Duty Determinations: Philippines, 65 FR 4595, (January 31, does exist, the Department will issue an Stainless Steel Butt-Weld Pipe Fittings 2000). The notice stated that the antidumping duty order directing From Germany, Italy, Malaysia and the Department would issue its preliminary Customs officials to assess antidumping Philippines determinations no later than140 days duties on all imports of the subject AGENCY: Import Administration, after the date of initiation (i.e., June 6, merchandise entered for consumption 2000). on or after the effective date of the International Trade Administration, suspension of liquidation. Department of Commerce. The Department has now concluded, This determination is issued and EFFECTIVE DATE: April 13, 2000. consistent with section 733(c)(1)(B) of published in accordance with sections FOR FURTHER INFORMATION CONTACT: For the Act, that these cases are 735(d) and 777(i)(1) of the Act. Germany: Carrie Blozy or Rick Johnson extraordinarily complicated, and that additional time is necessary to issue the Dated: April 6, 2000. at (202) 482–0165 and (202) 482–3818, respectively; for Italy, Helen Kramer or preliminary determinations due to the Joseph A. Spetrini, Linda Ludwig at (202) 482–0405 and complexity of certain issues raised in Acting Assistant Secretary for Import (202) 482–3833, respectively; for these cases, including the complexity of Administration. Malaysia, Becky Hagen or Rick Johnson the transactions to be investigated and Appendix at (202) 482–3362 and (202) 482–3818, adjustments to be considered and the List of Comments in the Issues and Decision respectively; for the Philippines, Fred novelty of the issues presented. See Memorandum Baker or Robert James at (202) 482–2924 Memorandum from Richard Weible and and (202) 482–0649, respectively, Edward Yang to Joseph A. Spetrini Comment 1: Choice of primary surrogate country Import Administration, International dated April 7, 2000. Therefore, in light Comment 2: Valuation of apples Trade Administration, U.S. Department of the fact that parties to this proceeding Comment 3: Valuation of ocean freight of Commerce, 14th Street and have been cooperating, pursuant to Comment 4: Valuation of steam coal Constitution Avenue, NW, Washington, section 733(c)(1) of the Act, the Comment 5: Valuation of rail freight DC 20230. Department is postponing the deadline
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(Megapteray novaeangliaey), finback Silver Spring, MD 20910 (301/713– 1973, as amended (ESA; 16 U.S.C. 1531 whale (Balaenopteray physalusy), and 2289); and ety seqy.), and the regulations governing minke whale (Galaenopteray Northeast Region, NMFS, One the taking, importing, and exporting of acutorostratay) for purposes of scientific Blackburn Drive, Gloucester, MA 01930, endangered and threatened species (50 research. (978/281–9250). CFR 222–226). FOR FURTHER INFORMATION CONTACT: DATES: Written or telefaxed comments The applicant proposes to continue must be received on or before May 15, Ruth Johnson, 301/713–2289. and extend photo-identification and 2000. SUPPLEMENTARY INFORMATION: The biopsy sampling program of large ADDRESSES: subject permit is requested under the The application and related whales. The following table outlines the documents are available for review authority of the Marine Mammal animals to be taken and types of take upon written request or by appointment Protection Act of 1972, as amended requested annually primarily in the Gulf in the following office(s): (MMPA; 16 U.S.C. 1361 ety seqy.), the Permits and Documentation Division, Regulations Governing the Taking and of Maine and occasionally from the New Office of Protected Resources, NMFS, Importing of Marine Mammals (50 CFR York Bight to the U.S./Canada border. 1315 East-West Highway, Room 13130, part 216), the Endangered Species Act of
#Incidental #Biopsy #Animals #Takes per harassment samples Species # Photo-ID Biopsy animal of target Import/ Can- Sampled species ada
Humpback whale ...... 200 50 5 300 50 Finback whale ...... 200 50 5 400 50 Minke whale ...... 50 15 5 75 50
Non-Target Species # Non-Target Animals Incidentally harassed
Harbor porpoise ...... Unlimited Atlantic white-sided dolphin ...... '' Harbor seal ...... '' Gray seal ...... ''
In compliance with the National Commission and its Committee of truncatus) for purposes of scientific Environmental Policy Act of 1969 (42 Scientific Advisors. research. U.S.C. 4321 ety seqy.), an initial Dated: April 4, 2000. DATES: Written or telefaxed comments determination has been made that the Ann D. Terbush, must be received on or before May 15, activity proposed is categorically Chief, Permits and Documentation Division, 2000. excluded from the requirement to Office of Protected Resources, National ADDRESSES: The application and related prepare an environmental assessment or Marine Fisheries Service. documents are available for review environmental impact statement. [FR Doc. 00–9124 Filed 4–12–00; 8:45 am] upon written request or by appointment Written comments or requests for a BILLING CODE 3510±22±F in the following office(s): public hearing on this application Permits and Documentation Division, should be mailed to the Chief, Permits Office of Protected Resources, NMFS, and Documentation Division, F/PR1, DEPARTMENT OF COMMERCE 1315 East-West Highway, Room 13130, Office of Protected Resources, NMFS, Silver Spring, MD 20910 (301/713– 1315 East-West Highway, Room 13705, National Oceanic and Atmospheric 2289); and Silver Spring, MD 20910. Those Administration Regional Administrator, Southeast Region, NMFS, 9721 Executive Center individuals requesting a hearing should [I.D. 040300D] set forth the specific reasons why a Drive, St. Petersburg, FL 33702–2432 hearing on this particular request would Marine Mammals; File No. 522±1569 (727/570–5312). be appropriate. Written comments or requests for a AGENCY: National Marine Fisheries public hearing on this application Comments may also be submitted by Service (NMFS), National Oceanic and should be mailed to the Chief, Permits facsimile at (301) 713–0376, provided Atmospheric Administration (NOAA), and Documentation Division, F/PR1, the facsimile is confirmed by hard copy Commerce. Office of Protected Resources, NMFS, submitted by mail and postmarked no ACTION: Receipt of application. 1315 East-West Highway, Room 13705, later than the closing date of the Silver Spring, MD 20910. Those comment period. Please note that SUMMARY: Notice is hereby given that individuals requesting a hearing should comments will not be accepted by e- Randall S. Wells, Ph.D., Sarasota set forth the specific reasons why a mail or by other electronic media. Dolphin Research Program, c/o Mote hearing on this particular request would Concurrent with the publication of Marine Laboratory, 1600 Ken Thompson be appropriate. this notice in the Federal Register, Parkway, Sarasota, Florida 34236, has Comments may also be submitted by NMFS is forwarding copies of this applied in due form for a permit to take facsimile at (301) 713–0376, provided application to the Marine Mammal bottlenose dolphins (Tursiops the facsimile is confirmed by hard copy
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FOR FURTHER INFORMATION CONTACT: Dr. DEPARTMENT OF EDUCATION Title: 2000–01 Teacher Follow-up Steven E. Ramberg, Office of Naval Survey. Research, 800 North Quincy Street, Submission for OMB Review; Frequency: Clearance is being sought Arlington, VA 22217–5660, telephone Comment Request for year 2000 only. (703) 696–4358. Affected Public: State, Local, or Tribal AGENCY: Department of Education. Gov’t, SEAs or LEAs; Businesses or SUPPLEMENTARY INFORMATION: This SUMMARY: The Leader, Information other for-profit; Not-for-profit notice of meeting is provided in Management Group, Office of the Chief institutions. accordance with the Federal Advisory Information Officer invites comments Reporting and Recordkeeping Hour Committee Act (5 U.S.C. App. 2). The on the submission for OMB review as Burden: purpose of this meeting is to discuss required by the Paperwork Reduction current and future activities of the Responses: 8,300. Act of 1995. Burden Hours: 4,616. National Oceanographic Partnership Program. DATES: Interested persons are invited to Abstract: This survey of 8,300 public submit comments on or before May 15, and private elementary and secondary Dated: April 5, 2000 2000. school teachers is the fourth in a series. J.L. Roth, ADDRESSES: Written comments should It is a follow-up to the 1999–2000 Lieutenant Commander, Judge Advocate be addressed to the Office of Schools and Staffing Survey (SASS) and General’s Corps, U.S. Navy, Federal Register collects data on public school and Liaison Officer. Information and Regulatory Affairs, Attention: Danny Werfel, Desk Officer, private school teachers characteristics [FR Doc. 00–9223 Filed 4–12–00; 8:45 am] Department of Education, Office of and attitudes, as well as the factors BILLING CODE 3810±FF±U Management and Budget, 725 17th affecting their decisions to stay in, or Street, NW., Room 10235, New leave, the teaching profession. Executive Office Building, Washington, Requests for copies of the proposed DC 20503 or should be electronically information collection request may be UNIFORMED SERVICES UNIVERSITY accessed from http://edicsweb.ed.gov, or OF THE HEALTH SCIENCES mailed to the internet address [email protected]. should be addressed to Vivian Reese, Department of Education, 400 Maryland Sunshine Act Meeting Notice SUPPLEMENTARY INFORMATION: Section Avenue, SW, Room 5624, Regional 3506 of the Paperwork Reduction Act of Office Building 3, Washington, DC AGENCY HOLDING THE MEETING: 1995 (44 U.S.C. Chapter 35) requires 20202–4651. Requests may also be Uniformed Services University of the that the Office of Management and electronically mailed to the internet Health Sciences. Budget (OMB) provide interested address [email protected] or TIME AND DATE: 8:30 a.m. to 4 p.m., May Federal agencies and the public an early faxed to 202–708–9346. Please specify 19, 2000. opportunity to comment on information the complete title of the information collection requests. OMB may amend or PLACE: collection when making your request. Uniformed Services University waive the requirement for public of the Health Sciences, Board of Regents Comments regarding burden and/or the consultation to the extent that public collection activity requirements should Conference Room (D3001), 4301 Jones participation in the approval process Bridge Road, Bethesda, MD 20814–4799. be directed to Kathy Axt at (202) 708– would defeat the purpose of the 9346 (fax). Individuals who use a STATUS: Open—under ‘‘Government in information collection, violate State or telecommunications device for the deaf the Sunshine Act’’ (5 U.S.C. 552b(e)(3)). Federal law, or substantially interfere (TDD) may call the Federal Information MATTERS TO BE CONSIDERED: with any agency’s ability to perform its Relay Service (FIRS) at 1–800–877– statutory obligations. The Leader, 8339. 8:30 a.m. Meeting—Board of Regents Information Management Group, Office (1) Approval of Minutes—February 8, of the Chief Information Officer, [FR Doc. 00–9175 Filed 4–12–00; 8:45 am] 2000 publishes that notice containing BILLING CODE 4000±01±U (2) Faculty Matters proposed information collection requests prior to submission of these (3) Departmental Reports DEPARTMENT OF EDUCATION (4) Financial Report requests to OMB. Each proposed information collection, grouped by (5) Report—President, USUHS Submission for OMB Review; office, contains the following: (1) Type Comment Request (6) Report—Dean, School of Medicine of review requested, e.g. new, revision, (7) Report—Dean, Graduate School of extension, existing or reinstatement; (2) AGENCY: Department of Education. Nursing Title; (3) Summary of the collection; (4) SUMMARY: The Leader, Information (8) Comments—Chairman, Board of Description of the need for, and Management Group, Office of the Chief Regents proposed use of, the information; (5) Information Officer invites comments (9) New Business Respondents and frequency of on the submission for OMB review as collection; and (6) Reporting and/or required by the Paperwork Reduction CONTACT PERSON FOR MORE INFORMATION: Recordkeeping burden. OMB invites Act of 1995. Mr. Bobby D. Anderson, Executive public comment. DATES: Interested persons are invited to Secretary, Board of Regents, (301) 295– submit comments on or before May 15, 3116. Dated: April 7, 2000. William Burrow, 2000. Dated: April 11, 2000. Leader, Information Management Group, ADDRESSES: Written comments should Linda Bynum, Office of the Chief Information Officer. be addressed to the Office of OSD Federal Register Liaison Officer, Information and Regulatory Affairs, Office of Educational Research and Department of Defense. Attention: Danny Werfel, Desk Officer, Improvement [FR Doc. 00–9380 Filed 4–11–00; 3:45 pm] Department of Education, Office of BILLING CODE 5001±10±M Type of Review: Reinstatement. Management and Budget, 725 17th
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Street, NW., Room 10235, New targeting, flexibility and other key to Sections 7(c) and 7(b) of the Natural Executive Office Building, Washington, aspects of the program. Gas Act for permission and approval for DC 20503 or should be electronically Requests for copies of the proposed Northwest to construct and operate mailed to the internet address information collection request may be relocated replacement pipeline [email protected]. accessed from http://edicsweb.ed.gov, or segments and to abandon the replaced should be addressed to Vivian Reese, pipeline segments, near the White River SUPPLEMENTARY INFORMATION: Section Department of Education, 400 Maryland in King County, Washington to preserve 3506 of the Paperwork Reduction Act of Avenue, SW, Room 5624, Regional the integrity of Northwest’s mainline 1995 (44 U.S.C. Chapter 35) requires Office Building 3, Washington, DC while the river migrates, all as more that the Office of Management and 20202–4651. Requests may also be fully set forth in the application which Budget (OMB) provide interested electronically mailed to the internet is on file with the Commission and open Federal agencies and the public an early address [email protected] or to public inspection. This filing may be opportunity to comment on information faxed to 202–708–9346. Please specify viewed on the web at http:// collection requests. OMB may amend or the complete title of the information www.ferc.fed.us/online/rims.htm (call waive the requirement for public collection when making your request. 202–208–2222 for assistance). consultation to the extent that public Comments regarding burden and/or the Northwest proposes to replace participation in the approval process collection activity requirements should approximately 1,900 feet of both its 26- would defeat the purpose of the be directed to Jacqueline Montague at inch mainline and its 30-inch mainline information collection, violate State or (202) 708–5359 or via her internet loop on either side of the White River Federal law, or substantially interfere address [email protected]. by installing new 26-inch and 30-inch with any agency’s ability to perform its Individuals who use a pipelines at a lower depth and offset statutory obligations. The Leader, telecommunications device for the deaf from its existing right-of-way and then Information Management Group, Office (TDD) may call the Federal Information abandoning the replaced pipeline of the Chief Information Officer, Relay Service (FIRS) at 1–800–877– segments by removal. Northwest also publishes that notice containing 8339. proposes to remove a previously retired proposed information collection 665-foot segment of 26-inch pipeline requests prior to submission of these [FR Doc. 00–9176 Filed 4–12–00; 8:45 am] crossing the White River. requests to OMB. Each proposed BILLING CODE 4000±01±U Northwest states that due to potential information collection, grouped by issues with threatened species in the office, contains the following: (1) Type White River, Northwest is seeking case- of review requested, e.g. new, revision, DEPARTMENT OF ENERGY specific approvals herein rather than extension, existing or reinstatement; (2) pursuing this pipeline replacement Title; (3) Summary of the collection; (4) Federal Energy Regulatory project under its existing blanket Description of the need for, and Commission certificate authority. proposed use of, the information; (5) [Docket No. RP98±206±005] Northwest declares that the total Respondents and frequency of estimated cost for the proposed project collection; and (6) Reporting and/or Atlanta Gas Light Company; Notice of is approximately $5,604,000, comprised Recordkeeping burden. OMB invites Technical Conference of approximately $3,871,000 for the public comment. installation of replacement pipeline and April 7, 2000. Dated: April 7, 2000. approximately $1,733,000 for removal of Take notice that a technical replaced pipeline and appurtenances. William Burrow, conference will be held on Wednesday, Since this project is designed to Leader, Information Management Group, May 10, 2000, at 10 am, in a room to be maintain safety and reliability of Office of the Chief Information Officer. designated at the offices of the Federal Northwest’s transmission system for the Office of the Undersecretary Energy Regulatory Commission, 888 benefit of existing customers. Northwest First Street, NE, Washington, DC 20426. Type of Review: New. requests all project costs should be All interested parties and staff are permitted rolled-in treatment in Title: Supplemental Study of the permitted to attend. Northwest’s next rate case, as dictated Technology Literacy Challenge Fund by FERC’s Policy Statement issued (TLCF). David P. Boergers, September 15, 1999, in Docket No. Frequency: One time. Secretary. [FR Doc. 00–9162 Filed 4–12–00; 8:45 am] PL99–3–000. Affected Public: State, Local, or Tribal Any questions regarding the BILLING CODE 6717±01±M Gov’t, SEAs or LEAs. application should be directed to Gary Reporting and Recordkeeping Hour Kotter, Manager, Certificates, at (801) Burden: DEPARTMENT OF ENERGY 584–7117 (voice) and (801) 584–7764 Responses: 636. (fax), Northwest Pipeline Corporation, Burden Hours: 970. Federal Energy Regulatory P.O. Box 58900, Salt Lake City, Utah Abstract: This study will collect and Commission 84158. analyze information about the Any person desiring to be heard or to implementation and outcomes of the [Docket No. CP00±141±000] make any protest with reference to said Technology Literacy Challenge Fund at Northwest Pipeline Corporation; Notice Application should on or before April the state and local levels. Drawing upon of Application 28, 2000, file with the Federal Energy sources such as the annual state TLCF Regulatory Commission, 888 First performance reports, local technology April 7, 2000. Street, NE, Washington, DC 20426, a plans, and survey work, this study will Take notice that on March 28, 2000, motion to intervene or a protest in produce a national representative Northwest Pipeline Corporation accordance with the requirements of the picture of TLCF’s contributions to the (Northwest), 295 Chipeta Way, Salt Lake Commission’s Rules of Practice and availability and use of technology in City, Utah 84158, filed in Docket No. Procedure (18 CFR 385.211 or 18 CFR schools and provide information on CP00–141–000 an application pursuant 385.214) and the Regulations under the
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Natural Gas Act (18 CFR 157.10). All DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY protests filed with the Commission will be considered by it in determining the Federal Energy Regulatory Federal Energy Regulatory appropriate action to be taken but will Commission Commission not serve to make the protestants parties [Docket Nos. CP00±143±000, et al.] to the proceeding. Any person wishing [Project No. 1988±007; Haas-Kings River to become a party to a proceeding or to Project] Transcontinental Gas Pipe Line participate as a party in any hearing Corporation; Notice of Applications therein must file a motion to intervene Pacific Gas and Electric Company; in accordance with the Commission’s Notice of Telephone Conference April 7, 2000. Rules. Take notice that on March 29, 2000, April 7, 2000. transcontinental Gas Pipe Line Take further notice that pursuant to On Tuesday, April 18, 2000, the Corporation (Applicant), One Williams the authority contained in and subject to Federal Energy Regulatory Commission Center, Suite 4100, Tulsa, Oklahoma, the jurisdiction conferred upon the (Commission) staff will conduct a 74172, through its agent, Williams Commission by Sections 7 and 15 of the telephone conference with Energy Marketing & Trading Natural Gas Act and the Commission’s representatives of the U.S. Fish and Company 1(Williams), tendered for Rules of Practice and Procedure, a Wildlife Service, the Forest Service, and filing, applications for certificates of hearing will be held without further Pacific Gas and Electric Company to public convenience and necessity notice before the Commission or its discuss the Biological Assessment for pursuant to Section 7(b) of the Natural designee on this Application if no the Haas-Kings River Project, FERC Gas Act (NGA) to abandon certain firm petition to intervene is filed within the Docket No. 1988–007. The Commission sales agreements under Applicant’s Rate time required herein, if the Commission staff will initiate the telephone Schedule FS between Applicant and on its own review of the matter finds conference. The telephone conference various customers pursuant to a that a grant of the abandonment is will begin at 1 p.m. Eastern Daylight Settlement Agreement approved by the required by the public convenience and Time (10 a.m. Pacific Daylight Time). Commission in Docket No. CP88–391, et necessity. If a petition for leave to al. on June 19, 1991, as amended by The telephone conference will be order issued December 17, 1991,2 all as intervene is timely filed, or if the conducted according to the procedures Commission, on its own motion believes more fully set forth in the application, used at Commission meetings. Meeting which is on file and open to public that a formal hearing is required, further minutes will be taken, which will be notice of such hearing will be duly inspection. The application may be distributed to interested parties and viewed on the web at www.ferc.fed.us/ given. placed in the Commission’s public files online/rims.htm (call (202) 208–2222 for Under the procedure herein provided for the proceeding. assistance). for, unless otherwise advised, it will be For further information, please Applicant asserts that no unnecessary for Applicant to appear or contact Patti Leppert-Slack at the abandonment of any facility is be represented at the hearing. Commission, (202) 219–2767. proposed. Applicant proposes to abandon nineteen service agreements David P. Boergers, David P. Boergers, under its Rate Schedule FS. The Secretary. Secretary. information is the table below [FR Doc. 00–9169 Filed 4–12–00; 8:45 am] [FR Doc. 00–9163 Filed 4–12–00; 8:45 am] summarizes each individual BILLING CODE 6717±01±M BILLING CODE 6717±01±M abandonment application:
Proposed effec- Docket No. Customer name Date of agreement to proposed aban- tive date of aban- donment of current service donment
CP00±143±000 ...... Peco Energy Company ...... November 11, 1998 ...... March 31, 2001. CP00±144±000 ...... City of Lexington, North Carolina ...... March 29, 1999 ...... March 31, 2001. CP00±145±000 ...... City of Shelby, North Carolina ...... March 26, 1999 ...... March 31, 2001. CP00±146±000 ...... Brooklyn Union Gas Company ...... March 31, 1999 ...... March 31, 2001. CP00±147±000 ...... Town of Blacksburg South Carolina ...... March 31, 1999 ...... March 31, 2001. CP00±148±000 ...... City of Kings Mountain, North Carolina March 29, 1999 ...... March 31, 2001. CP00±149±000 ...... KeySpan Energy Trading Services ...... March 31, 1999 ...... March 31, 2001. CP00±150±000 ...... City of Union, South Carolina ...... March 29, 1999 ...... March 31, 2001. CP00±151±000 ...... Public Service Electric and Gas Com- March 1, 1999 ...... March 31, 2001. pany. CP00±152±000 ...... Elizabethtown Gas Company ...... July 21, 1999 ...... July 31, 2001. CP00±153±000 ...... City of Alexander City, Alabama ...... March 30, 1999 ...... March 31, 2001. CP00±154±000 ...... City of Laurens, South Carolina ...... March 29, 1999 ...... March 31, 2001. CP00±155±000 ...... Piedmont Natural Gas Company ...... January 6, 1999 ...... March 31, 2001. CP00±156±000 ...... Delmarva Power & Light Company ...... March 25, 1999 ...... March 31, 2001. CP00±157±000 ...... North Carolina Gas Service ...... March 11, 1999 ...... March 31, 2001. CP00±158±000 ...... South Jersey Gas Company ...... February 10, 1999 ...... March 31, 2001. CP00±159±000 ...... Consolidated Edison Company of New March 24, 1999 ...... March 31, 2001. York. CP00±160±000 ...... Columbia Gas of Virginia ...... February 3, 1999 ...... March 31, 2001. CP00±161±000 ...... City of Greer, South Carolina ...... March 18, 1999 ...... March 31, 2001.
1 Formerly Williams Energy Services Company. 2 See orders at 55 FERC ¶61,466 (1991) and 57 FERC ¶ 61,345 (1991).
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Any person desiring to be heard or to 3. PEC Energy Marketing, Inc; DePere Company, and Portland General Electric protest these filings should file a motion Energy Marketing, Inc; SkyGen Energy Company. to intervene or protest with the Federal Marketing LLC; DePere Energy LLC Copies of this filing have been served Energy Regulatory Commission, 888 upon those persons on the [Docket No. ER97–1431–010; Docket No. Commission’s official service list First Street, NW., Washington, DC ER97–1432–010; Docket No. ER99–972–003; 20426, by or before April 28, 2000, in Docket No. ER97–4586–003] compiled in Docket No. ER00–2339–000 accordance with Sections 385.214 and and in Docket No. ER00-1801–000. Take notice that on March 28, 2000, 385.211 of the Commission’s rules and Sierra Pacific requests that its filing be the above-mentioned power marketers Regulations. Protests will be considered made effective in Docket No. ER99–34– filed quarterly reports with the by the Commission in determining the 000 as of November 1, 1999 and in Commission in the above-mentioned appropriate action to be taken, but will Docket No. ER00–1801–000 as of the proceedings for information only. not serve to make Protestants parties to effective date of that joint tariff. Comment date: April 20, 2000, in the proceeding. Any person wishing to 4. Total Gas & Electric, Inc. Agway accordance with Standard Paragraph E become a party must file a motion to Energy Services, Inc. Metro Energy at the end of this notice. intervene. Copies of this filing are on Group, LLC file with the Commission and are [Docket No. ER97–4202–010; Docket No. 7. Nevada Power Company available for public inspection in the ER97–4186–009 Docket No. ER99–801–003] [Docket No. ER00–2004–000] Public reference Room. Take notice that on March 30, 2000, Take notice that on March 30, 2000, David P. Boergers, the above-mentioned power marketers Nevada Power Company (Nevada Secretary. filed quarterly reports with the Power) tendered for filing pursuant to [FR Doc. 00–9170 Filed 4–12–00; 8:45 am] Commission in the above-mentioned Section 205 of the Federal Power Act proceedings for information only. and Section 2.2 of the Settlement BILLING CODE 6717±01±M Agreement (the Agreement) filed on 5. Ameren Services Company February 8, 2000, in Docket No. ER99– DEPARTMENT OF ENERGY [Docket No. ER00–1381–001] 3110–000, a transmission loss study that Take notice that on March 30, 2000, indicates a change in the factor used to Federal Energy Regulatory Ameren Services Company (ASC) calculate transmission service losses Commission tendered for filing an executed Network under its joint open-access transmission Integration Transmission Service tariff, FERC Original Volume No. 1, filed [Docket No. EG00±94±000, et al.] Agreement and an executed Network in Docket No. ER99–34–000. Nevada Operating Agreement, between ASC and Power also submitted a similar Northwest Generation Company, et al. Citizens Electric Corporation. ASC amendment to its joint open-access Electric Rate and Corporate Regulation asserts that the purpose of the transmission tariff filed on March 3, Filings agreements is to permit ASC to provide 2000, in Docket No. ER00–1801–000, in service over its transmission and anticipation of the pending merger April 5, 2000. distribution facilities to Citizens Electric among Nevada Power, Sierra Pacific Take notice that the following filings Corporation pursuant to the Ameren Power Company, and Portland General have been made with the Commission: Open Access Tariff. The executed Electric Company. agreements supersede an unexecuted Copies of this filing have been served 1. Northeast Generation Company Network Service Agreement and an upon those person on the Commission’s official service list compiled in Docket [Docket No. EG00–94–000] unexecuted Network Operating Agreement previously filed on January No. ER00–3110–000 and in Docket No. Take notice that on April 3, 2000, 31. ER00-1801–000. Northeast Generation Company, P.O. Nevada Power requests that its filing Box 270, Hartford, Connecticut, 06141, Comment date: April 20, 2000, in be made effective in Docket No. ER99– filed with the Federal Energy Regulatory accordance with Standard Paragraph E 34-000 as of March 1, 2000 and in Commission an amendment to its at the end of this notice. Docket No. ER00–1801–000 as of the application for determination of exempt 6. Sierra Pacific Power Company effective date of that joint tariff. wholesale generator status pursuant to Comment date: April 20, 2000, in [Docket No. ER00–2003–000] Part 365 of the Commission’s accordance with Standard Paragraph E regulations. The amendment provides Take notice that on March 30, 2000, at the end of this notice. Sierra Pacific Power Company (Sierra additional information concerning the 8. Central Maine Power Company uses of lands and waters at the Pacific) tendered for filing pursuant to unlicenced hydroelectric projects that Section 205 of the Federal Power Act [Docket No. ER00–2006–000] are the subject of the application. and Section 2.2 of the Settlement Take notice that on March 30, 2000, Agreement (the Agreement) filed on Central Maine Power Company (CMP), Comment date: April 18, 2000, in October 12, 1999, in Docket No. ER99– tendered for filing as an initial rate accordance with Standard Paragraph E 2339–000, a transmission loss study that schedule pursuant to Section 35.12 of at the end of this notice. The indicates a change in the factor used to the Federal Energy Regulatory Commission will limit its consideration calculate transmission service losses Commission’s regulations (18 CFR of comments to those that concern the under its joint open-access transmission 35.12): (i) an unexecuted adequacy or accuracy of the application. tariff, FERC Original Volume No. 1, filed Interconnection Agreement, dated as of 2. North American Power Brokers, Inc. in Docket No. ER99–34–000. Sierra March 1, 2000 (the IA); (ii) an executed Pacific also submitted a similar service agreement for Firm Local Point- [Docket No. ER96–1156–006] amendment to its joint open-access to-Point Transmission Service, dated as Take notice that on March 24, 2000, transmission tariff filed on March 3, of March 3, 2000 (the TSA); (iii) an North American Power Brokers, Inc. 2000, in Docket No. ER00–1801–000, in executed service agreement for Local filed quarterly reports for information anticipation of the pending merger Network Transmission Service, dated as only. among Sierra Pacific, Nevada Power of March 1, 2000 (the LNSA); and (iv)
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Comment date: April 20, 2000, in Commission by PPL Electric Utilities for pool membership. APSES requests accordance with Standard Paragraph E Corporation, formerly known as PP&L, that the Commission amend the WSPP at the end of this notice. Inc., is to be canceled. Agreement to include it as a member. Notice of the proposed cancellation APSES requests an effective date of 19. Central Maine Power Company has been served upon Jersey Central March 31, 2000 for the proposed [Docket No. ER00–2022–000] Power & Light Company. amendment. Accordingly, APSES Take notice that on March 30, 2000, Comment date: April 20, 2000, in requests waiver of the Commission’s Central Maine Power Company (CMP), accordance with Standard Paragraph E notice requirements for good cause tendered for filing Executed Service at the end of this notice. shown. Copies of the filing were served upon Agreements for Local Network 23. PPL Electric Utilities Corporation Transmission Service and Local the WSPP Executive Committee. Network Operating Agreements. CMP [Docket No. ER00–2026–000] Comment date: April 20, 2000, in states that these transactions are Notice is hereby given that effective accordance with Standard Paragraph E contemplated as part of the State of March 20, 1998, Rate Schedule FERC at the end of this notice. No. 85 effective on October 1, 1991 and Maine’s restructuring of the electric 27. Niagara Mohawk Power filed with the Federal Energy Regulatory utility industry. Corporation CMP requests that the Commission Commission by PPL Electric Utilities allow these Agreements to be deemed Corporation, formerly known as PP&L, [Docket No. ER00–2037–000] effective on March 1, 2000 in order to Inc., is to be canceled. Take notice that on March 30, 2000, coincide with the commencement of Notice of the proposed cancellation Niagara Mohawk Power Corporation retail access in the State of Maine. has been served upon Atlantic City (NMPC) tendered for filing with the Comment date: April 20, 2000, in Electric Company. Federal Energy Regulatory Commission accordance with Standard Paragraph E Comment date: April 20, 2000, in an executed form Service Agreement at the end of this notice. accordance with Standard Paragraph E between NMPC and the State University at the end of this notice. 20. Central Maine Power Company of New York at Buffalo (Purchaser). The 24. PPL Electric Utilities Corporation Service Agreement specifies that the [Docket No. ER00–2023–000] Purchaser has signed and agreed to the Take notice that on March 30, 2000, [Docket No. ER00–2027–000] terms and conditions of NMPC’s Power Central Maine Power Company (CMP), Take notice that on March 30, 2000, Sales Tariff designated as NMPC’s FERC tendered for filing Executed Service PPL Electric Utilities Corporation filed a Electric Tariff, Original Volume No. 2. Agreements for Local Network Notice that effective December 31, 1999, This Tariff, approved by FERC on April Transmission Service and Unexecuted Rate Schedule FERC No. 84 effective on 15, 1994, and having an effective date of Local Network Operating Agreements. April 17, 1985 and filed with the March 13, 1993, allows NMPC and the CMP states that these transactions are Federal Energy Regulatory Commission Purchaser to enter into separately contemplated as part of the State of by PPL Electric Utilities Corporation, scheduled transactions under which Maine’s restructuring of the electric formerly known as PP&L, Inc., is to be NMPC will sell to the Purchaser utility industry. canceled. capacity and/or energy as the parties CMP requests that the Commission Notice of the proposed cancellation may mutually agree. allow these Agreements to be deemed has been served upon Jersey Central In its filing letter, NMPC also effective on March 1, 2000 in order to Power & Light Company. included a Certificate of Concurrence coincide with the commencement of Comment date: April 20, 2000, in from the Purchaser. retail access in the State of Maine. . accordance with Standard Paragraph E NMPC is requesting an effective date Comment date: April 20, 2000, in at the end of this notice. of November 1, 1999 for the agreement. accordance with Standard Paragraph E 25. PPL Electric Utilities Corporation NMPC has served copies of the filing at the end of this notice. upon the New York State Public Service [Docket No. ER00–2028–000] Commission and the companies 21. PPL Electric Utilities Corporation Notice is hereby given that effective included in a Service List enclosed with [Docket No. ER00–2024–000] May 29, 2000, Rate Schedule FERC No. the filing. Notice is hereby given that effective 105 effective on June 10, 1991 and filed Comment date: April 20, 2000, in May 31, 1992, Rate Schedule FERC No. with the Federal Energy Regulatory accordance with Standard Paragraph E 99 effective on May 22, 1990 and filed Commission by PPL Electric Utilities at the end of this notice. Corporation, formerly known as PP&L, with the Federal Energy Regulatory 28. Niagara Mohawk Power Inc., is to be canceled. Commission by PPL Electric Utilities Corporation Corporation, formerly known as PP&L, Notice of the proposed cancellation Inc., is to be canceled. has been served upon Baltimore Gas & [Docket No. ER00–2038–000] Notice of the proposed cancellation Electric Company. Take notice that on March 30, 2000, has been served upon Atlantic City Comment date: April 20, 2000, in Niagara Mohawk Power Corporation Electric Company. accordance with Standard Paragraph E (NMPC) tendered for filing with the Comment date: April 20, 2000, in at the end of this notice. Federal Energy Regulatory Commission accordance with Standard Paragraph E 26. APS Energy Services Company, Inc. an executed form Service Agreement at the end of this notice. between NMPC and Amherst Utility [Docket No. ER00–2029–000] 22. PPL Electric Utilities Corporation Cooperative (Purchaser). The Service Take notice that on March 30, 2000, Agreement specifies that the Purchaser [Docket No. ER00–2025–000] APS Energy Services Company, Inc. has signed and agreed to the terms and Notice is hereby given that effective (APSES), tendered for filing a letter from conditions of NMPC’s Power Sales May 31, 1995, Rate Schedule FERC No. the Executive Committee of the Western Tariff designated as NMPC’s FERC 100 effective on June 1, 1990 and filed Systems Power Pool (WSPP), indicating Electric Tariff, Original Volume No. 2. with the Federal Energy Regulatory that APSES had completed all the steps This Tariff, approved by FERC on April
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15, 1994, and having an effective date of Illinois 62521, tendered for filing a non- A copy of the filing has been served March 13, 1993, allows NMPC and the firm transmission service agreement on Niagara. Purchaser to enter into separately under which The Energy Authority, Inc. Comment date: April 20, 2000, in scheduled transactions under which will take transmission service pursuant accordance with Standard Paragraph E NMPC will sell to the Purchaser to Illinois Power’s open access at the end of this notice. capacity and/or energy as the parties transmission tariff. The agreement is 35. Virginia Electric and Power may mutually agree. based on a form of Service Agreement Company In its filing letter, NMPC also in Illinois Power’s tariff. included a Certificate of Concurrence Illinois Power has requested an [Docket No. ER00–2045–000] from the Purchaser. effective date of March 24, 2000. Take notice that on March 30, 2000, NMPC is requesting an effective date Comment date: April 20, 2000, in Virginia Electric and Power Company of November 1, 1999 for the agreement. accordance with Standard Paragraph E (Virginia Power) tendered for filing a NMPC has served copies of the filing at the end of this notice. Termination Notice of the Service upon the New York State Public Service 32. Illinois Power Company Agreement between Virginia Electric Commission and the companies and Power Company and Illinova Power [Docket No. ER00–2042–000] included in a Service List enclosed with Marketing, Inc. (IPMI), formerly Illinois the filing. Take notice that, on March 30, 2000, Power Company, dated March 3, 1997 Comment date: April 20, 2000, in Illinois Power Company (Illinois and approved by the FERC in a letter accordance with Standard Paragraph E Power), 500 South 27th Street, Decatur, order on May 22, 1997 under Docket No. at the end of this notice. Illinois 62521, tendered for filing an ER97–2394–000. unexecuted Service Agreement for 29. Illinois Power Company Virginia Power respectfully requests Network Integration Transmission an effective date of the termination of [Docket No. ER00–2039–000] Service and an unexecuted Network April 30, 2000, as requested by Dynegy Take notice that, on March 30, 2000, Operating Agreement under which Power Marketing, Inc. (DYPM), Illinois Power Company (Illinois Clinton County Electric Cooperative, successor to IPMI. Power), 500 South 27th Street, Decatur, Inc. will take transmission service Copies of the filing were served upon Illinois 62521, tendered for filing an pursuant to Illinois Power’s open access Dynegy Power Marketing, Inc., the unexecuted Service Agreement for transmission tariff (OATT). The Virginia State Corporation Commission Network Integration Transmission agreements are based on forms of and the North Carolina Utilities Service and an unexecuted Network agreements in Illinois Power’s OATT. Commission. Illinois Power has requested an Operating Agreement under which Tri- Comment date: April 20, 2000, in effective date of March 1, 2000. County Electric Cooperative, Inc. will Comment date: April 20, 2000, in accordance with Standard Paragraph E take transmission service pursuant to accordance with Standard Paragraph E at the end of this notice. Illinois Power’s open access at the end of this notice. 36. PECO Energy Company transmission tariff (OATT). The agreements are based on forms of 33. Southern California Edison [Docket No. ER00–2048–000] agreements in Illinois Power’s OATT. Company Take notice that on March 29, 2000, Illinois Power has requested an [Docket No. ER00–2043–000] PECO Energy Company (PECO), effective date of March 1, 2000. Take notice that on March 30, 2000, tendered for filing under Section 205 of Comment date: April 20, 2000, in Southern California Edison Company the Federal Power Act, 16 U.S.C. S 792 accordance with Standard Paragraph E (SCE) tendered for filing Amendment et seq., a Service Agreement dated at the end of this notice. No. 6 to the Power Contract between March 28, 2000 with Allegheny Energy 30. Illinois Power Company SCE and the State Of California Supply Company, LLC (AESC) under Department Of Water Resources. PECO’s FERC Electric Tariff Original [Docket No. ER00–2040–000] Amendment No. 6 amends the Volume No. 1 (Tariff). Take notice that, on March 30, 2000, calculation of SCE’s return obligation to PECO requests an effective date of Illinois Power Company (Illinois reflect divestiture of its Oil and Gas March 28, 2000, for the Agreement. Power), 500 South 27th Street, Decatur, generating stations. PECO states that copies of this filing Illinois 62521, tendered for filing firm Copies of this filing were served upon have been supplied to Allegheny Energy and non-firm transmission service the Public Utilities Commission of the Supply Company, LLC and to the agreements under which Allegheny State of California and all interested Pennsylvania Public Utility Energy Supply Company, LLC, will take parties. Commission. transmission service pursuant to Illinois Comment date: April 20, 2000, in Comment date: April 20, 2000, in Power’s open access transmission tariff. accordance with Standard Paragraph E accordance with Standard Paragraph E The agreements are based on the forms at the end of this notice. at the end of this notice. of Service Agreement in Illinois Power’s 37. Central Maine Power Company tariff. 34. Black River Power LLC Illinois Power has requested an [Docket No. ER00–2044–000] [Docket No. ER00–2062–000] effective date of March 24, 2000. Take notice that on March 30, 2000, Take notice that on March 30, 2000, Comment date: April 20, 2000, in Black River Power LLC (Black River) Central Maine Power Company (CMP) accordance with Standard Paragraph E tendered for filing a Power Purchase submitted ‘‘Unexecuted Service at the end of this notice. and Sale Agreement with Niagara Agreements for Local Network 31. Illinois Power Company Mohawk Energy Marketing, Inc. Transmission Service’’ and (Niagara) under Black River’s market- ‘‘Unexecuted Local Network Operating [Docket No. ER00–2041–000] based sales tariff. Agreements’’. CMP states that these Take notice that on March 30, 2000, Black River requests that the transactions are contemplated as part of Illinois Power Company (Illinois agreement be made effective on March the State of Maine’s restructuring of the Power), 500 South 27th Street, Decatur, 1, 2000. electric utility industry.
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CMP requests that the Commission would alleviate the clogging of the i. FERC Contact: Shannon Dunn at allow these Agreements to be deemed irrigation canal intake with debris [email protected], or telephone effective on March 1, 2000 in order to during spring runoff. The Broadwater (202) 208–0853. coincide with the commencement of Project is located on the Missouri River j. Deadline for filing comments, retail access in the State of Maine. . in Broadwater County, Montana. motions, or protests: May 8, 2000. Comment date: April 20, 2000, in An Environmental Assessment (EA) All documents (original and eight accordance with Standard Paragraph E has been prepared by staff for the copies) should be filed with: David P. at the end of this notice. proposed action. In the EA, Commission Boergers, Secretary, Federal Energy Regulatory Commission, 888 First Standard Paragraphs staff does not identify any significant impacts that would result from the Street, NE, Washington, DC 20426. E. Any person desiring to be heard or Commission’s approval of the Please include the project number (P– to protest such filing should file a construction of the proposed wall in the 1494–205) on any comments, motions, or protests filed. motion to intervene or protest with the project reservoir. Thus, staff concludes k. Description of Project: Grand River Federal Energy Regulatory Commission, that approval of the proposed 888 First Street, NE, Washington, DC Dam Authority, licensee for the amendment of license would not Pensacola Project, requests approval to 20426, in accordance with rules 211 and constitute a major federal action 214 of the Commission’s Rules of grant permission to Grand Marine significantly affecting the quality of the L.L.C., to dredge approximately 43,013 Practice and Procedure (18 CFR 385.211 human environment. and 385.214). All such motions or cubic yards of material to construct a The EA has been attached to and new access canal 1,258 feet-long (50′ protests should be filed on or before the made a part of an Order Amending ′ ′ comment date. Protests will be wide) and a boat basin (150 x 150 ). The License, issued March 28, 2000, for the canal and boat basin would be adjacent considered by the Commission in Broadwater Project (FERC No. 2853– determining the appropriate action to be to Echo Bay in the Grand Lake O’ the 058). Copies of the EA can be viewed at Cherokees. The canal would provide taken, but will not serve to make the Commission’s Public Reference protestants parties to the proceeding. boat access to marine service work and Room, Room 2A, 888 First Street, NE, in-water boat sales display along State Any person wishing to become a party Washington, DC 20426, or by calling must file a motion to intervene. Copies Highway 125 north of Martin’s Landing. (202) 208–1371. The EA also may be No property conveyance is proposed. of these filings are on file with the viewed on the Web at www.ferc.fed.us/ Commission and are available for public l. Locations of the application: A copy online/rims.htm. Call (202) 208–2222 of the application is available for inspection. This filing may also be for assistance. viewed on the Internet at http:// inspection and reproduction at the www.ferc.fed.us/ online/rims.htm (call David P. Boergers, Commission’s Public Reference Room, 202–208–2222 for assistance). Secretary. located at 888 First Street, NE, Room 2A, Washington, DC 20426, or calling [FR Doc. 00–9168 Filed 4–12–00; 8:45 am] David P. Boergers, (202) 208–1371. The application may be Secretary. BILLING CODE 6717±01±M viewed on the web at www.ferc.fed.us [FR Doc. 00–9161 Filed 4–12–00; 8:45 am] Call (202) 208–2222 for assistance. A BILLING CODE 6717±01±P DEPARTMENT OF ENERGY copy is also available for inspection and reproduction at the address in item h Federal Energy Regulatory above. DEPARTMENT OF ENERGY Commission m. Individuals desiring to included on the Commission’s mailing list should Federal Energy Regulatory Notice of Amendment of License and so indicate by writing to the Secretary Commission Soliciting Comments, Motions To of the Commission. [Project No. 2853±058] Intervene, and Protects Comments, Protests, or Motions to Intervene—Anyone may submit Montana Department of Natural April 7, 2000. comments, a protest or a motion to Resources and Conservation; Notice Take notice that the following intervene in accordance with the of Availability of Environmental hydroelectric application has been filed requirements of Rules of Practice and Assessment with the Commission and is available Procedure, 18 CFR 385.210, .211, .214. for public inspection. In determining the appropriate action to April 7, 2000. a. Application Type: Non-Project Use take, the Commission will consider all In accordance with the National of Project Lands and Waters. protests or other comments filed, but Environmental Policy Act of 1969 and b. Project No: P–1494–205. only those who file a motion to the Federal Energy Regulatory c. Dated Filed: March 20, 2000. intervene in accordance with the Commission’s (Commission’s) Commission’s Rules may become a d. Applicant: Grand River Dam regulations, the Office of Energy Projects party to the proceeding. Any comments, Authority. has reviewed the application requesting protests, or motions to intervene must the Commission’s approval of an e. Name of Project: Pensacola Project. be received on or before the specified application to amend the license for the f. Location: The Pensacola Project is comment date for the particular Broadwater Project for the construction located on the Grand (Neoscho) River in application. of a structural wall in the project Craig, Delaware, Mayes, and Ottawa Filing and Service of Responsive reservoir. The wall would extend from Counties, Oklahoma. This project does Documents—Any filings must bear in the upstream face of the project dam 150 not utilize Federal or Tribal lands. all capital letters the title feet into the reservoir. The wall g. Filed Pursuant to: Federal Power ‘‘COMMENTS’’, constructed of rock riprap would Act, 16 U.S.C. 791(a)–825(r). ‘‘RECOMMENDATIONS FOR TERMS separate an irrigation canal intake at the h. Applicant Contact: Bob Sullivan, AND CONDITIONS‘‘ ‘‘PROTEST’’ or project dam from the hydraulic Grand River Dam Authority, P.O. Box ‘‘MOTION TO INTERVENE’’, as influences of the turbine intake and 409, Vinita, OK 74301, (918) 256–5545. applicable, and the Project Number of
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Procedures Boergers, Secretary, Federal Energy Agency Comments—Federal, state, The meetings will be recorded by a Regulatory Commission, 888 First and local agencies are invited to file stenographer and will become part of Street, NE, Washington DC 20426. comments on the described application. Please include the project number the formal record of the Commission A copy of the application may be (11214–008) on any comments or proceeding on the project. Individuals obtained by agencies directly from the motions filed. presenting statements at the meeting Applicant. If an agency does not file k. Description of Request: The comments within the time specified for will be asked to sign in before the licensee requests to surrender the meeting starts and to clearly identify filing comments, it will be presumed to Carlyle Hydroelectric Project because it have no comments. One copy of an themselves for the record. no longer wishes to proceed with Individuals, organizations, and agency’s comments must also be sent to constructing and maintaining the the Applicant’s representative. agencies, with environmental expertise project as proposed in the original and concerns are encouraged to attend license. The licensee also states that David P. Boergers, the meetings and to assist the staff in construction and maintenance of the Secretary. defining and clarifying this issue to be project would no longer be [FR Doc. 00–9166 Filed 4–12–00; 8:45 am] addressed in the EA. economically feasible. BILLING CODE 6717±01±M David P. Boergers, l. Location of the Application: A copy Secretary. of the application is available for inspection and reproduction at the DEPARTMENT OF ENERGY [FR Doc. 00–9165 Filed 4–12–00; 8:45 am] Commission’s Public reference Room, BILLING CODE 6717±01±M located at 888 First Street, NE, Room Federal Energy Regulatory 2A, Washington, DC 20426, or by calling Commission DEPARTMENT OF ENERGY (202) 208–1371. This filing may be viewed on http://www.ferc.fed.us/ Notice of Declaration of Intention and online/rims.htm (call (202) 208–2222 for Soliciting Comments Motions To Federal Energy Regulatory Intervene, and Protests Commission assistance). A copy is also available for inspection and reproduction at the April 7, 2000. Notice of Request To Surrender address in item h above. Take notice that the following License and Soliciting Comments, m. Individuals desiring to be included application has been filed with the Motions To Intervene, and Protests on the Commission’s mailing list should Commission and is available for public so indicate by writing to the Secretary April 7, 2000. inspection. of the Commission. a. Application Type: Declaration of Take notice that the following Comments, Protests, or Motions to Intention. hydroelectric application has been filed Intervene—Anyone may submit b. Docket No.: D100–3–000. with the Commission and is available comments, a protest, or a motion to c. Date Filed: March 24, 2000. for public inspection: intervene in accordance with the d. Applicant: Kootznoowoo, a. Type of Application: Surrender of requirements of Rules of Practice and Incorporated. License. Procedure, 18 CFR 385.210, .211, .214. e. Name of Project: Angoon b. Project No: 11214–008. In determining the appropriate action to Hydroelectric Project. c. Date Filed: March 27, 2000. take, the Commission will consider all f. Location: On Thayer Creek, Juneau d. Applicant: Southwestern Electric protests or other comments filed, but Borough, near Angoon, Alaska. (T. 49 S., Cooperative, Inc. only those who file a motion to R. 67 E., secs. 26 and 35; T. 50 S., R. e. Name of Project: Carlyle intervene in accordance with the 67 E., secs. 2, 11, 12, 13, 14, 25, 26, and Hydroelectric Project. Commission’s Rules may become a 36; T, 50 S., R. 68 E., secs. 30 and 31, f. Location: At the U.S. Army Corps of party to the proceeding. Any comments, Copper River Base and Meridian). The Engineers’ Carlyle Dam on the protests, or motions to intervene must project would utilize federal lands Kaskaskia River near the City of Carlyle, be received on or before the specified (Admiralty Island National Monument in Clinton County, Illinois. The project comments date for the particular and Kootznoowoo Wilderness). does not utilize federal or tribal lands. application. g. Filed Pursuant to: Section 23(b)(1) g. Filed Pursuant to: Federal Power Filing and Service of Responsive of the Federal Power Act, 16 U.S.C. Act, 16 U.S.C. 791(a)–825(r). Documents—Any filings must bear in 817(b). h. Applicants’ Contacts: Kerry Sloan, all capital letters the title h. Applicant Contact: Mr. Carlton Southwestern Electric Cooperative, Inc., ‘‘COMMENTS’’, Smith, Chief Executive Officer, South Elm Street & Route 40, Greenville, ‘‘RECOMMENDATIONS FOR TERMS Kootznoowoo, Incorporated, 8585 Old IL 62246, (618) 664–1025 and Michael AND CONDITIONS’’, ‘‘PROTEST’’, OR Dairy Road, suite 201, Juneau, Alaska Postar, Robert Weinberg, Tanja M. ‘‘MOTION TO INTERVENE’’, as 99801, telephone (907) 790–2992, FAX Shonkwiler, and Sean M. Neal, Duncan, applicable, and the Project Number of (907) 790–2005, E-Mail http:// Weinberg, Genzer & Pembroke, P.C., the particular application to which the www.kootznoowoo.com. 1615 M Street, NW, Suite 800, filing refers. Any of the above-named i. FERC Contact: Any questions on Washington, DC 20036–3203, (202) 467– documents must be filed by providing this notice should be addressed to Diane 6370. the original and the number of copies M. Murray at (202) 219–2682, or E-mail i. FERC Contact: Any questions on provided by the Commission’s address: [email protected]. this notice should be addressed to Mr. regulations to: The Secretary, Federal j. Deadline for filing comments and/ Lynn R. Miles, Sr. at (202) 219–2671, or Energy Regulatory Commission, 888 or motions: May 12, 2000. e-mail address: [email protected]. First Street, NE, Washington, DC 20426. All documents (original and eight j. Deadline for filing comments and or A copy of any motion to intervene must copies) should be filed with: David P. motions: May 17, 2000. also be served upon each representative Boergers, Secretary, Federal Energy All documents (original and eight of the Applicant specified in the Regulatory Commission, 888 First copies) should be filed with: David P. particular application. Street, NE., Washington, DC 20426.
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Please include the docket number take, the Commission will consider all of exempt and prohibited off-the-record (D100–3–000) on any comments or protests or other comments filed, but communications. motions filed. only those who filed a motion to Order No. 607 (64 FR 51222, k.Description of Project: The proposed intervene in accordance with the September 22, 1999) requires project would consist of: (1) a 20-foot- Commission’s Rules may become a Commission decisional employees, who high diversion dam; (2) a 6,350-foot- party to the proceeding. Any comments, make or receive an exempt or a long penstock; (3) a powerhouse with protests, or motions to intervene must prohibited off-the-record two generating units, with a total be received on or before the specified generating capacity of 1,000 kW; (4) a comment date for the particular communication relevant to the merits of 5.8-mile overland with a 0.9-mile application. a contested on-the-record proceeding, to underwater transmission line; and (5) Filing and Service of Responsive deliver a copy of the communication, if appurtenant facilities. The proposed Documents—Any filings must bear in written, or a summary of the substance project would supply electric power to all capital letters the title of any oral communication, to the the City of Angoon. Angoon is ‘‘COMMENTS,’’ Secretary. electrically isolated from any other ‘‘RECOMMENDATIONS FOR TERMS Prohibited communications will be system.. AND CONDITIONS’’, ‘‘PROTEST’’, OR included in a public, non-decisional file When a Declaration of Intention is ‘‘MOTION TO INTERVENE’’, as associated with, but not part of, the filed with the Federal Energy Regulatory applicable, and the Project Number of decisional record of the proceeding. Commission, the Federal Power Act the particular application to which the requires the Commission to investigate Unless the Commission determines that filing refers. Any of the above-named the prohibited communication and any and determine if the interests of documents must be filed by providing interstate or foreign commerce would be responses thereto should become part of the original and the number of copies the decisional record, the prohibited off- affected by the project. The Commission provided by the Commission’s the-record communication will not be also determines whether or not the regulations to: The Secretary, Federal considered by the Commission in project: (1) would be located on a Energy Regulatory Commission, 888 navigable waterway; (2) would occupy First Street, NE., Washington, DC 20426. reaching its decision. Parties to a or affect public lands or reservations of A copy of any motion to intervene must proceeding may seek the opportunity to the United States; (3) would utilize also be served upon each representative respond to any facts or contentions surplus water or water power from a of the Applicant specified in the made in a prohibited off-the-record government dam; or (4) if applicable, particular application. communication, and may request that has involved or would involve any Agency Comments—Federal, State, the Commission place the prohibited construction subsequent to 1935 that and local agencies are invited to file communication and responses thereto may have increased or would increase comments on the described application. in the decisional record. The the project’s head or generating A copy of the application may be Commission will grant such requests capacity, or have otherwise significantly obtained by agencies directly from the only when it determines that fairness so modified the project’s pre-1935 design Applicant. If an agency does not file requires. or operation. comments within the time specified for Exempt off-the-record communica- l.Locations of the Application: A copy filing comments, it will be presumed to of the application is available for tions will be included in the decisional have no comments. One copy of an record of the proceeding, unless the inspection and reproduction at the agency’s comments must also be sent to communication was with a cooperating Commission’s Public Reference Room the Applicant’s representatives. located at 888 First Street, NE., Room agency as described by 40 CFR 1501.6, 2A, Washington, DC 20426, or by calling David P. Boergers, made under 18 CFR 385.2201(e)(1)(v). (202) 208–1371. This filing may be Secretary. The following is a list of exempt and viewed on http://www.ferc.fed.us/ [FR Doc. 00–9167 Filed 4–12–00; 8:45 am] prohibited off-the-record online/rims.htm (call (202) 208–2222 for BILLING CODE 6717±01±M communications received in the Office assistance). A copy is also available for of the Secretary within the preceding 14 inspection and reproduction at the days. The documents may be viewed on address in item h. above. DEPARTMENT OF ENERGY m. Individuals desiring to be included the Internet at http://www.ferc.fed.us/ on the Commission’s mailing list should Federal Energy Regulatory online/rims.htm (call 202–208–2222 for so indicate by writing to the Secretary Commission assistance). of the Commission. Comments, Protests, or Motions to [Docket No. RM98±1±000] Intervene—Anyone may submit Regulations Governing Off-the-Record comments, a protest, or a motion to Communications; Public Notice intervene in accordance with the requirements of Rules of Practice and April 7, 2000. Procedure, 18 CFR 385.210, .211, .214. This constitutes notice, in accordance In determining the appropriate action to with 18 CFR 385.2201(h), of the receipt
Exempt: 1. CP00±17±000 and CP00±19±00 ...... 2/4/00 Edwin M. Eudaly. 3. CP00±6±000 ...... 3/23/00 Ken Huntington. 3. CP00±6±000 ...... 3/22/00 Ken Huntington. 4. CO00±6±000 ...... 3/22/00 Ken Huntington. 5. CP00±14±000 ...... 3/25/00 Nadine Foley. 6. Project Nos. 2318±002, 2047±004, 2482±014 and 2554±003 ...... 3/24/00 David A. Stilwell. 7. CP00±14±000, CP00±15±000 and CP00±16±000 ...... 3/29/00 Todd Mattson. 8. CP00±14±000, CP00±15±000 and CP00±16±000 ...... 3/27/00 Mark Cline.
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9. CP00±40±000 ...... 3/31/00 Lauren O'Donnell. 10. CP99±392±000 ...... 4/3/00 John Wisniewski. Prohibited: 1. CP97±315±000, et al...... 3/31/00 Ed Gilliard. 2. Project No. 9974±040 ...... 4/5/00 Phyllis Gerth. 3. Project No. 9974±040 ...... 4/5/00 Dean Reichert. 4. Project No. 9974±040 ...... 4/5/00 Patricia & Bert Hesse. 5. Project No. 9974±040 ...... 4/5/00 Kenneth J. Robillard and Brenda H. Robillard. 6. Project No. 9974±040 ...... 4/5/00 Earl J. Weihert.
David P. Boergers, evaporative product losses and volatile include under this program, using its Secretary. organic compound (VOC) emissions. unique EPA Identification Number. [FR Doc. 00–9171 Filed 4–12–00; 8:45 am] VOCs include a wide variety of • Participating companies must BILLING CODE 6717±01±M hydrocarbons, some of which are assess all of their NSPS Subpart Ka/Kb hazardous air pollutants (e.g., benzene, external floating roof tanks with slotted toluene, xylene and ethyl benzene). guidepoles and are encouraged to assess ENVIRONMENTAL PROTECTION Depending on the size, location and all of their NSPS Subpart Ka/Kb internal AGENCY contents of a tank, uncontrolled floating roof tanks with slotted emissions from the use of slotted guidepoles. See discussion infra. [FRL±6576±8] guidepoles can exceed 25,000 pounds • Acceptable slotted guidepole per year. Simple and inexpensive controls under this program are Slotted Guidepoles at Certain solutions exist to minimize these identified. See Appendix I. Use of such Petroleum and Organic Liquid Storage emissions and reduce evaporative controls does not affect other regulatory Vessels losses. obligations that may exist under state or AGENCY: Environmental Protection A substantial but undetermined federal law (e.g., to sample tank Agency (EPA). number of NSPS Subpart Ka/Kb tanks contents for compliance with other have slotted guidepoles. They may be regulatory programs). ACTION: Notice of storage tank emission • reduction partnership program. found at any facility that stores EPA is not requiring that penalties substantial quantities of volatile organic be paid as a condition of program SUMMARY: The United States liquids, including petroleum products participation, but if a participating Environmental Protection Agency (e.g., refineries, gasoline distribution company fails to implement its agreed- (‘‘EPA’’) is today announcing an terminals, chemical plants and other to controls in a timely manner, opportunity for the regulated facilities). EPA previously determined stipulated penalties would be imposed. community to participate in the Storage and recently reaffirmed that • The terms and conditions for Tank Emission Reduction Partnership uncontrolled slotted guidepoles do not program participation are specified in Program described in this notice. comply with the ‘‘no visible gap’’ the participation agreement that each DATES: Companies electing to requirement in NSPS Subparts Ka and participant must execute. See Appendix Kb. See 65 FR 2336 (January 14, 2000). II and Appendix III. participate in this program must submit • a notice of intent by June 12, 2000, and In the interests of promoting fast, Each participating company must an executed partnership agreement by efficient and widespread emission submit an executed participation December 11, 2000. reductions from slotted guidepoles, EPA agreement, including a complete Annex is today offering to enter into A, within 240 days. Annex A must ADDRESSES: Both the notice of intent agreements with those companies that provide a facility listing (using its EPA and executed partnership agreement have installed or will install controls to identification Number) that identifies its should be sent to: Storage Tank reduce their slotted guidepole emissions NSPS Subpart Ka/Kb external floating Emission Reduction Partnership at NSPS Subpart Ka/Kb tanks. roof tanks with slotted guidepoles and Program, Air Enforcement Division EPA solicited public comment on a those of its NSPS Subpart Ka/Kb (Mail Code 2242A), U.S. Environmental proposed program that had been internal floating roof tanks that it Protection Agency, 1200 Pennsylvania developed in cooperation with the intends to include under this program. Avenue, NW., Washington, DC 20460. American Petroleum Institute. 65 FR Annex A must also specify the controls FOR FURTHER INFORMATION CONTACT: Mr. 2391 (January 14, 2000). EPA discussed that were or will be installed, as well as James K. Jackson, Air Enforcement its proposal with State and Territorial predict the emission reductions that Division (2242A), U.S. Environmental Air Pollution Program Administrators/ will be achieved after these controls are Protection Agency, 1200 Pennsylvania Association of Local Air Pollution installed. Avenue, NW Washington, DC 20460, Control Officials (STAPPA/ALAPCO) Today’s final program incorporates telephone (202) 564–2002. and received twelve comments (e.g., certain technical changes that had been SUPPLEMENTARY INFORMATION: Slotted companies, trade associations and recommended by commenters, but it is guidepoles are hollow poles with holes equipment vendors), all of which essentially the same as the program that or ‘‘slots’’ that perforate the length of the supported establishing a program. The had been earlier proposed. The major pole and that are typically a foot-long more salient features of the Storage points raised during the comment and 1—2 inches wide. Where the pole Tank Emission Reduction Partnership period are summarized and discussed passes through a floating roof, there is Program announced today are below. an opening in the roof and a gap summarized below: Clarification of Facility Coverage: between the pole and the roof. These • Each company intending to Some commenters expressed holes, slots and gaps have exactly the participate must notify EPA of its intent uncertainty as to whether participation same emissions effect as any other roof to participate within 60 days and there could be on facility-by-facility or opening: they constitute a pathway for identify each facility it intends to operating division-by-operating division
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5. Solid Guidepole System: A solid Appendix II guidepoles 4 (hereinafter referred to as guidepole; a guidepole cover at the top of the ‘‘Tanks’’) at each facility/location identified guidepole; and a well cover positioned at the Storage Tank Emission Reduction in Annex A. top of the guidepole well that seals any Partnership Agreement c. It is submitting this executed Partnership openings between the well cover and the The United States Environmental Agreement to EPA within 240 days of the guidepole (e.g., pole wiper), any openings Protection Agency (‘‘EPA’’) and llllll Program notice. between the well cover and any other objects (‘‘Participating Company’’), the parties d. Annex A (attached hereto and that pass through the well cover, and any herein, desire to enter into and be bound by incorporated by reference herein) is a true, other openings in the top of the guidepole the terms of this Storage Tank Emission accurate and complete identification of: i. each Tank; well. Reduction Partnership Agreement ii. the date(s) by which controls were or 6. Flexible Enclosure System: A flexible (‘‘Partnership Agreement’’ or ‘‘Agreement’’). will be installed at each Tank, provided that device that complete encloses the slotted Whereas Participating Company recognizes that reducing emissions from tanks and other if controls were installed before January 14, guidepole and eliminates the hydrocarbon 2000, the year of installation may be used; storage vessels with slotted guidepoles 1 can vapor emission pathway from inside the tank and improve air quality while reducing through the guidepole slots to the outside air; iii. predicted emission reductions at each evaporative product losses. a guidepole cover at the top of the guidepole; Tank that will instal controls hereunder. Whereas Participating Company is and a well cover positioned at the top of the e. The controls identified in Annex A were committed to environmental improvement guidepole well that seals any openings either specified in APPENDIX I to the between the well cover and the guidepole and the cost-effective reduction of emissions. Program notice (Acceptable Controls for (e.g., pole wiper), any openings between the Whereas EPA recognizes the value of Tanks with Slotted Guidepoles Under the well cover and any other objects that pass cooperative emission reduction programs Storage Tank Emission Reduction through the well cover, and any other with industry. Partnership Program), attached hereto and openings in the top of the guidepole well. Whereas Participating Company desires to incorporated by reference herein, or 7. Covers on External Floating Roof Tanks: participate in the Storage Tank Emission expressly determined by EPA to be Reduction Partnership Program announced The external floating roof tank shall be (or acceptable for purposes of the Storage Tank by EPA at [Insert FR page citation and (April have been) modified by installing a fixed roof Emission Reduction Partnership Program 13, 2000)] (hereinafter referred to as mounted on the tank above its external under Appendix I–2. ‘‘Program notice’’). floating roof. Each opening through the deck f. The predicted emission reductions Now, Therefore, in consideration of the for a slotted guidepole shall have its lower reflected in Annex A were calculated and above and the mutual undertakings of each edge below the surface of the stored liquid. derived through the proper use of either to the other, EPA and Participating Company 8. Removal of Tank from Service and EPA’s TANKS software (version 3.1 or later) agree as follows: Surrender of Permits: Remove the tank from or an alternative methodology expressly service storing liquids subject to NSPS Ka or Applicability determined to be acceptable for this purpose by EPA. Kb controls, surrender any and all operating 1. The provisions of this Partnership g. The undersigned is a duly authorized permits for that tank to the appropriate state/ Agreement shall apply to and be binding representative of Participating Company, local regulatory authority and represent to upon EPA and upon Participating Company, with full powers to make these such authority that it will not be used to store its officers, directors, agents, servants, representations, enter into this Agreement petroleum liquids, as defined in 40 CFR employees, successors and assigns. and bind Participating Company to the terms 60.111a(b) that have a maximum true vapor Participating Company shall give notice of hereof. pressure in the range defined in 40 CFR this Agreement to any successor in interest (b). The undersigned EPA representative is 60.112a(a), or volatile organic liquids, as prior to the transfer of any ownership interest authorized to enter into this Agreement and defined in 40 CFR 60.111b(k), that have a in any tank identified in Annex A. bind EPA to the terms hereof. maximum true vapor pressure in the range defined in 40 CFR 60.112b(a). Representations Participating Company Undertakings 2(a). Participating Company represents 3. Participating Company shall install Definitions that: slotted guidepole controls on Tanks Deck cover means a device which covers a. It notified EPA of its intent to participate identified in Annex A as expeditiously as an opening in a floating roof deck. Some deck in the Storage Tank Emission Reduction possible (e.g., when the Tank is next taken covers move horizontally relative to the deck Partnership Program within 60 days of the out of service) but not later than: (i.e., a sliding cover). Program notice. a. Twenty-six (26) months after issuance of Pole float means a float located inside a b. It assessed and evaluated all of its NSPS the Program notice; or guidepole that floats on the surface of the Subpart Ka and Kb affected facilities 2 that b. One hundred and twenty months (120) stored liquid. The rim of the float has a wiper are subject to equipment design of the Program notice if a Tank must be taken or seal that extends to the inner surface of the requirements 3 and that have slotted out of service in order to instal such controls, pole. provided Annex A describes why such Tank(s) must be taken out of service and Pole sleeve means a device which extends 1 A guidepole (also referred to as a gaugepole, either identifies the date(s) by which from either the cover or the rim of an opening gauge pipe or stilling well) is a vertically oriented in a floating roof deck to the outer surface of pipe or tube that is affixed to a tank and that passes appropriate interim controls will be installed a pole that passes through the opening. The through its floating roof. Slotted guidepoles are (i.e., a self-aligning float equipped with at sleeve extends into the stored liquid. guidepoles with slots or holes that allow stored least one wiper seal gasket that is maintained Pole wiper means a seal that extends from liquids to flow into the pole, thereby enabling at or above the height of the pole wiper) or either the cover or the rim of an opening in representative samples to be collected from within describes why such Tank(s) must be taken the slotted guidepole. a floating roof deck to the outer surface of a out of service in order to instal interim 2 NSPS Subpart Ka affected facilities are controls. pole that passes through the opening. petroleum liquid storage vessels with a capacity of 4. Participating Company shall properly Slotted guidepole means a guidepole or greater than 40,000 gallons that were constructed, operate and maintain all slotted guidepole gaugepole that has slots or holes through the reconstructed or modified after May 18, 1978, 40 controls required under Paragraph 3 in the wall of the pole. The slots or holes allow the CFR 60.110a; NSPS Subpart Kb affected facilities are volatile organic liquid storage vessels with a manner specified in Attachment 1 and shall stored liquid to flow into the pole at liquid include such controls and this requirement levels above the lowest operating level. capacity of greater than 40 cubic meters that were constructed, reconstructed or modified after July 23, Solid guidepole means a guidepole or 1984, 40 CFR 60.110b. 4 A slotted guidepole is a guidepole (or gaugepole that does not have slots or holes 3 The equipment design requirements for floating gaugepole) that has slots or holes through the wall through the wall of the pole at or above the roof tanks apply only to certain NSPS Subpart Ka of the pole. The slots or holes allow the stored level of the floating roof when it is at its and Kb affected facilities. See 40 CFR 60.112a and liquid to flow into the pole at liquid levels above lowest operating level. 60.112b. the lowest operating level.
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3. Respondent owns or operates certain 4. The controls identified in Annex A were a. Participating Company’s Certification ‘‘affected facilities’’ under NSPS Subpart Ka either specified in APPENDIX I to the was made by a ‘‘responsible official’’ (i.e., the and/or Kb that have or had floating roofs Program notice (Acceptable Controls for president, secretary, treasurer, or a vice- with slotted guidepoles, as identified in Tanks with Slotted Guidepoles Under the president of Participating Company, Annex A. Storage Tank Emission Reduction Participating Company’s senior management Partnership Program), attached hereto and representative(s) where such Tanks are Order incorporated by reference herein, or located, or any other person who performs 4. Respondent shall install, maintain and expressly determined by EPA to be similar policy or decision-making functions operate properly those controls specified in acceptable for purposes of the Storage Tank for Participating Company. Annex A by the date(s) there indicated and Emission Reduction Partnership Program b. The undersigned is a duly authorized shall include or seek to include such controls under APPENDIX I–2. representative of Participating Company, and this requirement in federally enforceable I certify under penalty of law that the with full powers to make these permits issued by appropriate permitting foregoing and the attached, including Annex representations, enter into this Agreement authorities. A, is true, accurate, and complete to the best and bind Participating Company to the terms 5. Respondent shall not seek or obtain of my knowledge, information and belief hereof. emission reduction credits for emission after reasonable inquiry. (b). The undersigned EPA representative is reductions that result from its compliance llllll authorized to enter into this Agreement and with this order, nor shall it use such [NAME] bind EPA to the terms hereof. [TITLE] reductions to offset or net against other Participating Company Undertakings emission increases in any permitting or Agreement enforcement action required by or taken 3. Participating Company shall properly The United States Environmental operate and maintain all slotted guidepole pursuant to state or federal law. llllll 6. Pursuant to Section 113(a) of the CAA, Protection Agency (‘‘EPA’’) and controls identified on Annex A in the failure to comply with this Order may lead (‘‘Participating Company’’), the parties manner specified in Attachment 1 and shall include such controls and this requirement to a civil action to obtain compliance or an herein, desire to enter into and be bound by in federally enforceable permits issued by action for civil or criminal penalties. the terms of this Storage Tank Emission appropriate permitting authorities. Issued this lll day of lll, 2000. Reduction Partnership Agreement 4. Participating Company shall not seek or U.S. Environmental Protection Agency. (‘‘Partnership Agreement’’ or ‘‘Agreement’’). Whereas Participating Company recognizes obtain emission reduction credits for Appendix III that reducing emissions from tanks and other emission reductions that result from storage vessels with slotted guidepoles 1 can installing slotted guidepole controls or from Storage Tank Emission Reduction improve air quality while reducing the work required under Paragraph 3 of this Partnership Certification and Agreement evaporative product losses. section, nor shall it use such reductions to CERTIFICATION Whereas Participating Company is offset or net against other emission increases committed to environmental improvement in any permitting or enforcement action llllll (‘‘Participating Company’’), and the cost-effective reduction of emissions. required by or taken pursuant to state or by llllll, a responsible corporate Whereas EPA recognizes the value of federal law. official of Participating Company, certifies cooperative emission reduction programs that: EPA Undertakings with industry. 1. Participating Company notified the Whereas Participating Company desires to 5. Compliance with the requirements set United States Environmental Protection participate in the Storage Tank Emission forth herein shall be deemed and will, Agency (‘‘EPA’’) of its intent to participate in Reduction Partnership Program announced therefore, constitute full settlement and the Storage Tank Emission Reduction by EPA at 65 FR [insert 1st page number of satisfaction by EPA of those violations of the Partnership Program within 60 days of the FR this notice appears in] (April 13, 2000) Standards of Performance for New Sources, Program notice announced at [insert FR page (hereinafter referred to as ‘‘Program notice’’). Subparts Ka and Kb, that could be or could citation (April 13, 2000)]. Whereas Participating Company certified have been alleged in civil actions or 2. Participating Company assessed and that it had complied with the requirements proceedings brought by EPA or the United evaluated all of its NSPS Subpart Ka and Kb of the Storage Tank Emission Reduction States concerning Participating Company’s affected facilities 1 that are subject to Partnership Program. use of slotted guidepoles at Tanks identified equipment design requirements 2 and that Now, therefore, in consideration of the in Annex A. have slotted guidepoles 3 (hereinafter referred 6. Within sixty (60) days of its receipt of above and the mutual undertakings of each to as ‘‘Tanks’’) at each facility/location this Partnership Agreement, EPA will to the other, EPA and Participating Company identified in Annex A. promptly review and either sign and return agree as follows: 3. Annex A (attached hereto and a fully executed copy of that Agreement to incorporated by reference herein) is a true, Applicability Participating Company or identify accurate and complete identification of: 1. The provisions of this Partnership deficiencies in Annex A. If deficiencies i. each Tank; and Agreement shall apply to and be binding identified by EPA are not corrected and a ii. the year in which controls were upon EPA and upon Participating Company, revised Annex A submitted within thirty (30) installed at each Tank; and its officers, directors, agents, servants, days of Participating Company’s receipt of employees, successors and assigns. such identification by EPA, Participating Company’s opportunity to participate under 1 NSPS Subpart Ka affected facilities are Participating Company shall give notice of the Storage Tank Emission Reduction petroleum liquid storage vessels with a capacity of this Agreement to any successor in interest Partnership Program shall then cease and all greater than 40,000 gallons that were constructed, prior to the transfer of any ownership interest its rights, expectations, obligations and reconstructed or modified after May 18, 1978, 40 in any tank identified in Annex A. CFR 60.110a; NSPS Subpart Kb affected facilities undertakings (if any) under that program and are volatile organic liquid storage vessels with a Representations this Agreement shall terminate and be capacity of greater than 40 cubic meters that were deemed a nullity. constructed, reconstructed or modified after July 23, 2(a). Participating Company represents 1984, 40 CFR 60.110b. that: Miscellaneous Provisions 2 The equipment design requirements for floating 7. Participating Company agrees to accept roof tanks apply only to certain NSPS Subpart Ka 1 A guidepole (also referred to as a gaugepole, service from EPA by mail with respect to all and Kb affected facilities. See 40 CFR 60.112a and gauge pipe or stilling well) is a vertically oriented matters relating to or arising under this 60.112b. pipe or tube that is affixed to a tank and that passes 3 Agreement at the address listed below: A slotted guidepole is a guidepole (or through its floating roof. Slotted guidepoles are llllll gaugepole) that has slots or holes through the wall guidepoles with slots or holes that allow stored of the pole. The slots or holes allow the stored liquids to flow into the pole, thereby enabling llllll liquid to flow into the pole at liquid levels above representative samples to be collected from within llllll the lowest operating level. the slotted guidepole. llllll
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8. Annex A of this Participation Agreement in place during the time they are out of meeting and agenda of the North may be modified only if EPA and service. American Numbering Council (NANC). Participating Company agree and consent to [FR Doc. 00–9091 Filed 4–12–00; 8:45 am] For reasons described below, a portion such modification in writing. of the meeting will be closed to the 9. This Agreement does not modify or BILLING CODE 6560±50±U affect in any way Participating Company’s public on Wednesday, February 23, responsibility to achieve and maintain from 8:30 a.m. until 11 a.m. The compliance with all other applicable federal, ENVIRONMENTAL PROTECTION intended effect of this action is to make state and local laws, regulations and permits. AGENCY the public aware of the NANC’s next 10. Each party shall bear its own costs, meeting and its agenda. [FRL±6578±7] attorney’s fees and disbursements in this FOR FURTHER INFORMATION CONTACT: matter. Jeannie Grimes at (202) 418–2320 or 11. This document, including its Annex A, Lyman Dyeing and Finishing encompasses the entire agreement of the Superfund Site; Notice of Proposed [email protected]. The address is: parties with respect to the subject matter Settlement Network Services Division, Common hereof and totally supersedes all prior Carrier Bureau, Federal agreements and understandings, whether oral AGENCY: Environmental Protection Communications Commission, The or in writing. Agency. Portals, 445 12th Street, S.W., Suite Reservation of Rights ACTION: Notice of proposed settlement. 6A320, Washington, DC 20554. The fax number is: (202) 418–2345. The TTY 12. By entering into the Agreement, EPA SUMMARY: The United States number is: (202) 418–0484. understands that Participating Company Environmental Protection Agency is SUPPLEMENTARY INFORMATION: Released: neither agrees nor concedes that its use of proposing to enter into a settlement for slotted guidepoles without the controls April 7, 2000. the partial reimbursement of past specified in Appendix I violate or violated The North American Numbering response costs with Springs Industries, any Clean Air Act requirement. Similarly, Council (NANC) has scheduled a Inc. pursuant to section 122 of the Participating Company understands that EPA meeting to be held Tuesday, April 25, Comprehensive Environmental neither agrees nor concedes that Participating 2000, from 8:30 a.m. until 5:00 p.m., Company’s prior use of slotted guidepoles Response, Compensation, and Liability and on Wednesday, April 26, from 8:30 without such controls was acceptable or Act (CERCLA), 42 U.S.C. 9622(h)(1) a.m. until 12 noon. The meeting will be excused in any way or on any basis concerning the Lyman Dyeing and held at the Federal Communications whatsoever. With respect to any tank(s) other Finishing Superfund Site (Site) located Commission, Portals II, 445 Twelfth than a Tank identified in Annex A, each in Lyman, Spartanburg County, South party reserves all rights they may have to Street, SW, Room TW–C305, Carolina. EPA will consider public contest or otherwise litigate any issue arising Washington, DC. out of any use of slotted guidepoles. comments on the proposed settlement for thirty (30) days. EPA may withdraw SUPPLEMENTARY INFORMATION: This Effective Date from or modify the proposed settlement meeting is open to members of the 13. This Participation Agreement shall be should such comments disclose facts or general public. The FCC will attempt to effective when signed by both Participating considerations which indicate the accommodate as many participants as Company and EPA. possible. The public may submit written llllll proposed settlement is inappropriate, By: improper or inadequate. Copies of the statements to the NANC, which must be [Participating Company] proposed settlement are available from: received two business days before the Date:llllll meeting. In addition, oral statements at By:llllll Ms. Paula V. Batchelor, U.S. EPA, Region 4, (WMD–CPSB), 61 Forsyth the meeting by parties or entities not U.S. Environmental Protection Agency represented on the NANC will be Date:llllll Street, SW., Atlanta, Georgia 30303, (404) 562–8887. Written comments may permitted to the extent time permits. Attachment 1 be submitted to Ms. Batchelor within 30 Such statements will be limited to five Operating and Maintenance Requirements for calendar days of the date of this minutes in length by any one party or Slotted Guidepole Controls Under the publication. entity, and requests to make an oral Storage Tank Emissions Reduction statement must be received two Partnership Program Dated: March 29, 2000. business days before the meeting. The sliding cover shall be in place over the Franklin E. Hill, Requests to make an oral statement or slotted-guidepole opening through the Chief, CERCLA Program Services Branch, provide written comments to the NANC floating roof at all times except when the Waste Management Division. should be sent to Jeannie Grimes at the sliding cover must be removed for access. If [FR Doc. 00–9237 Filed 4–12–00; 8:45 am] address under FOR FURTHER INFORMATION the control technology used includes a BILLING CODE 6560±50±P CONTACT, stated above. guidepole float, the float shall be floating within the guidepole at all times except Proposed Agenda—Tuesday, April 25, when it must be removed for access to the 2000 stored liquid or when the tank is empty. FEDERAL COMMUNICATIONS Visually inspect the deck fitting for the COMMISSION 1. Approval of March 21–22, 2000 slotted guidepole at least once every 10 years meeting minutes. and each time the vessel is emptied and [CC Docket No. 92±237; DA 00±734] 2. Review FCC Numbering Resource degassed. If the slotted guidepole deck fitting Optimization Report and Order and Next Meeting of the North American or control devices have defects, or if a gap Further Notice of Proposed Rulemaking, Numbering Council of more than 0.32 centimeters (1/8 inch) CC Docket 99–200, released March 31, exists between any gasket required for AGENCY: Federal Communications 2000. control of the slotted guidepole deck fitting A. NANC action items: Uniform and any surface that it is intended to seal, Commission. such items shall be repaired before filling or ACTION: Notice. definitions for secondary categories of refilling the storage vessel with regulated number usage within 120 days material. SUMMARY: On April 7, 2000, the (paragraphs 14 and 36). Work with Tanks taken out of hydrocarbon service, for Commission released a public notice NANP administration to develop any reason, do not have to have any controls announcing the April 25 and 26, 2000, reporting form within 15 days
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(paragraph 52); data entry mechanisms Federal Communications Commission. FEDERAL RESERVE SYSTEM within 45 days (paragraph 53); criteria Diane Griffin Harmon, to determine inconsistent submissions Formations of, Acquisitions by, and (paragraph 54), and cost estimates Deputy Chief, Network Services Division, Mergers of Bank Holding Companies Common Carrier Bureau. within 30 days (paragraph 56). Revisions to Pooling Administrator [FR Doc. 00–9333 Filed 4–12–00; 8:45 am] The companies listed in this notice Requirements to specific technical BILLING CODE 6712±01±P have applied to the Board for approval, requirements within 90 days (paragraph pursuant to the Bank Holding Company 155). Further study of individual Act of 1956 (12 U.S.C. 1841 et seq.) telephone number pooling (ITN) and FEDERAL RESERVE SYSTEM (BHC Act), Regulation Y (12 CFR Part unassigned number porting (paragraph 225), and all other applicable statutes 231. Change in Bank Control Notices; Acquisitions of Shares of Banks or and regulations to become a bank B. Rejected NANC recommendations. Bank Holding Companies holding company and/or to acquire the Two 90-day reservation periods assets or the ownership of, control of, or (paragraph 24); reconsider fees for The notificants listed below have the power to vote shares of a bank or reserved numbers (paragraph 25), and applied under the Change in Bank bank holding company and all of the revise INC guidelines to reflect 6-month Control Act (12 U.S.C. 1817(j)) and banks and nonbanking companies inventories (paragraph 189). § 225.41 of the Board’s Regulation Y (12 owned by the bank holding company, C. Further Notice of Proposed CFR 225.41) to acquire a bank or bank including the companies listed below. Rulemaking items: Utilization threshold holding company. The factors that are The applications listed below, as well (paragraph 248); CMRS participation in considered in acting on the notices are as other related filings required by the number pooling (paragraph 25), and set forth in paragraph 7 of the Act (12 revise INC guidelines to reflect 6-month U.S.C. 1817(j)(7)). Board, are available for immediate inventories (paragraph 189). The notices are available for inspection at the Federal Reserve Bank indicated. The application also will be D. Issues not addressed: Audits; rate immediate inspection at the Federal center consolidation; 10 digit dialing, Reserve Bank indicated. The notices available for inspection at the offices of and technology specific overlays. also will be available for inspection at the Board of Governors. Interested persons may express their views in 3. North American Number Plan the offices of the Board of Governors. writing on the standards enumerated in Administration (NANPA) Report. Interested persons may express their views in writing to the Reserve Bank the BHC Act (12 U.S.C. 1842(c)). If the 4. Assumptions Issue Management indicated for that notice or to the offices proposal also involves the acquisition of Group (IMG) tutorial on NANP of the Board of Governors. Comments a nonbanking company, the review also Expansion and the Uniform Dialing must be received not later than April 27, Plan. includes whether the acquisition of the 2000. nonbanking company complies with the 5. Limited Liability Corporations A. Federal Reserve Bank of Atlanta standards in section 4 of the BHC Act (LLCs) and Number Portability (Lois Berthaume, Vice President) 104 (12 U.S.C. 1843). Unless otherwise Administration Centers (NPAC) activity Marietta Street, N.W., Atlanta, Georgia noted, nonbanking activities will be update. Midwest LLC merger, and status 30303–2713: of NeuStar negotiations. conducted throughout the United States. 1. Henry E. Blake Family; Caroline H. Additional information on all bank 6. North American Numbering Plan Blake; James H. Blake; Jean B. Blake; holding companies may be obtained Administration (NANPA) Oversight Violet H. Howell; William D. Blake Working Group Report. from the National Information Center (both individually and as trustee for the website at www.ffiec.gov/nic/. 7. Numbering Resource Optimization Blake William Henry Trust); Catherine (NRO) Working Group Report. L. Morris and Stephen D. Morris (both Unless otherwise noted, comments 8. Local Number Portability individually and in their capacity as regarding each of these applications Administration (LNPA) Working Group trustees for the Ellen Elizabeth Morris must be received at the Reserve Bank Report. Updates on wireless wireline Trust, the Jane Holloway Morris Trust, indicated or the offices of the Board of integration; Problem Identification the Lee Edward Morris Trust, and the Governors not later than May 8, 2000. Management (PIM); NPAC/SMC release Justin Henry Morris Trust); Catherine M. A. Federal Reserve Bank of Chicago status, and Slow Horse. Ryland (both individually and in her (Phillip Jackson, Applications Officer) 9. Cost Recovery Working Group capacity as trustee for the Isabelle 230 South LaSalle Street, Chicago, Report. Burnum Ryland Trust and the Catherine Illinois 60690–1414: G. Ryland Trust); Caroline B. Faris (in Wednesday, April 26, 2000 her capacity as trustee for the Stephen 1. United Financial Holdings Corporation, Lisle, Illinois; to become a 10. Steering Group Report. Hardtner Faris Trust and the Philip Lyman Faris Trust); and John Ryland; to bank holding company by acquiring 100 11. Industry Numbering Committee percent of the voting shares of United Report. retain voting shares of First National Bancshares of Louisiana, Alexandria, Community Bank of Lisle, Lisle, Illinois 12. Number Pooling IMG Report. Louisiana, and thereby indirectly (in organization). Inventories in jeopardy discussion. acquire voting shares of Security First Board of Governors of the Federal Reserve 13. North American Numbering Plan National Bank, Alexandria, Louisiana. Administration Billing and Collection System, April 7, 2000. Agent (NBANC) Report. Board of Governors of the Federal Reserve Robert deV. Frierson, System, April 7, 2000. 14. Public Participation (5 minutes Associate Secretary of the Board. each, if any). Robert deV. Frierson, [FR Doc. 00–9141 Filed 4–12–00; 8:45 am] 15. Other Business. Associate Secretary of the Board. BILLING CODE 6210±01±P 16. Action Items and Decisions [FR Doc. 00–9143 Filed 4–12–00; 8:45 am] Reached. BILLING CODE 6210±01±P
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FEDERAL RESERVE SYSTEM FEDERAL TRADE COMMISSION information practices of access and security with respect to personal Notice of Proposals To Engage in Advisory Committee on Online Access information collected for and about Permissible Nonbanking Activities or and Security consumers online. The Advisory To Acquire Companies That Are Committee will also continue AGENCY: Federal Trade Commission. Engaged in Permissible Nonbanking consideration of the parameters of ACTION: Notice of meeting on April 28, Activities reasonable access to personal 2000. information and adequate security and The companies listed in this notice SUMMARY: Pursuant to section 10(a)(2) of will present options for implementation have given notice under section 4 of the the Federal Advisory Committee Act, 5 of these information practices in a Bank Holding Company Act (12 U.S.C. U.S.C. App. sec. 10(a)(2), and 16 CFR report to the Commission. 1843) (BHC Act) and Regulation Y, (12 16.9(a), notice is hereby given that the The tentative agenda for the fourth CFR Part 225) to engage de novo, or to Federal Trade Commission Advisory meeting is as follows: acquire or control voting securities or Committee on Online Access and 1. Administrative matters. 2. Discussion of draft report submitted assets of a company, including the Security will hold a meeting on Friday, by subgroups on issues relating to companies listed below, that engages April 28, 2000, from 8:00 a.m. to 4:00 ‘‘reasonable access’’. p.m. in Room 432, Federal Trade either directly or through a subsidiary or 3. Discussion of draft report submitted Commission, 600 Pennsylvania Avenue, other company, in a nonbanking activity by subgroup on issues relating to NW, Washington, DC 20580. The that is listed in § 225.28 of Regulation Y ‘‘adequate security’’. (12 CFR 225.28) or that the Board has meeting is open to the public and will 4. Public Comment. determined by Order to be closely include a period for public comment. 5. Discussion of tasks and related to banking and permissible for The purpose of the Advisory Committee assignments. bank holding companies. Unless is to provide advice and The meeting is open to the public. otherwise noted, these activities will be recommendations to the Commission regarding implementation of certain fair Submission of Documents: conducted throughout the United States. information practices by domestic Interested parties who wish to submit Each notice is available for inspection commercial Web sites—specifically, comments on the meeting agenda or at the Federal Reserve Bank indicated. providing online consumers reasonable questions for consideration by the The notice also will be available for access to personal information collected Advisory Committee should send an inspection at the offices of the Board of from and about them, and maintaining original and two copies in advance of Governors. Interested persons may adequate security for that information. the meeting to the Secretary, Federal express their views in writing on the Interested parties may submit comments Trade Commission, Room H–159, 600 question whether the proposal complies concerning any matter to be considered Pennsylvania Avenue, NW, Washington, with the standards of section 4 of the at the meeting by following the DC 20580. All comments and questions BHC Act. Additional information on all procedures described below. should be captioned—Advisory bank holding companies may be DATES: The Advisory Committee will Committee on Online Access and obtained from the National Information meet on Friday, April 28, 2000, from 8 Security ‘‘ Comment, P004807.’’ To Center website at www.ffiec.gov/nic/. a.m. to 4 p.m. enable prompt review and public Unless otherwise noted, comments ADDRESSES: The meeting will take place access, paper submissions should be accompanied by a version on diskette in regarding the applications must be in Room 432, Federal Trade ASCII, WordPerfect (please specify received at the Reserve Bank indicated Commission, 600 Pennsylvania Avenue, NW, Washington, DC 20580. version) or Microsoft Word (please or the offices of the Board of Governors specify version) format. Diskettes not later than April 27, 2000. FOR FURTHER INFORMATION CONTACT: Allison I. Brown, Division of Financial should be labeled with the name of the A. Federal Reserve Bank of New York Practices, Federal Trade Commission, submitter, the Advisory Committee (Betsy Buttrill White, Senior Vice 600 Pennsylvania Avenue, NW, Mail caption, and the name and version of President) 33 Liberty Street, New York, Stop 4429, Washington, DC 20580, the word processing program used to New York 10045–0001: telephone (202) 326–3079, email create the document. 1. The Industrial Bank of Japan, [email protected]; or Ellen R. Finn, Alternatively, comments or questions may be submitted to the following email Limited, Tokyo, Japan; to acquire Division of Financial Practices, Federal address: [email protected]; if Nomura IBJ Global Investment Advisors, Trade Commission, 600 Pennsylvania Avenue, N.W., Mail Stop 4429, submitted by email, only one copy of Inc., New York, New York, and thereby the comment or question is required. to engage in domestic investment Washington, DC 20580, telephone (202) 326–3296, email [email protected]. The email should contain the name of advisory activities through Nomura IBJ the submitter, the Advisory Committee Global Investment Advisors, Inc., a joint Authority: 15 U.S.C. 41 et seq.; 5 U.S.C. caption, and, if a document is attached, venture with Nomura Securities Co., App. secs. 1–15; 16 C.F.R. Part 16. the name and version of the word Ltd, Tokyo, Japan, pursuant to Section The fourth meeting of the Federal processing program used to create the 225.28(b)(6) of Regulation Y. Trade Commission Advisory Committee document. Board of Governors of the Federal Reserve on Online Access and Security will be Comments to the Advisory Committee System, April 7, 2000. held on Friday, April 28, 2000, in Room will be accepted through 5 p.m. Eastern 432, Federal Trade Commission, 600 time on April 28, 2000. To ensure that Robert deV. Frierson, Pennsylvania Avenue, NW, Washington, comments are processed properly, Associate Secretary of the Board. DC from 8 a.m. to 4 p.m. individuals submitting comments [FR Doc. 00–9142 Filed 4–12–00; 8:45 am] The Advisory Committee will should be sure to use the above BILLING CODE 6210±01±P continue to consider the costs and addresses. All comments will be posted benefits, to both consumers and on the Advisory Committee’s Web page businesses, of implementing the fair at www.ftc.gov/acoas as soon as
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Program are designed to provide SUPPLEMENTARY INFORMATION: Exchange system will be awarded for a project period of 36 months. The initial support for demonstration projects that Priority Areas facilitate the elimination of barriers to grant award will be for a 12-month adoption and provide permanent loving 2000A. Adoption Opportunities budget period. The award of continuation funding beyond each 12- homes for children who would benefit 2000A.1 Implementation of month budget period will be subject to from adoption, particularly children Collaborative Planning To Increase the availability to funds, satisfactory with special needs. Discretionary funds Inter-Jurisdictional Adoptions from the Promoting Safe and Stable progress on the part to the grantee, the Eligible Applicants: Eligibility is status of the Internet-based photo listing Families Program support research, limited to the five grantees currently training and technical assistance and system, and a determination that funded under Fiscal Year (FY) 1999 continued funding would be in the best evaluation efforts to preserve families. priority 99A.4 (Program Announcement Funds from the Child Abuse Prevention interest of the government. No. ACF/ACYF/CB–99–05): the Central Federal Share of Project Costs: The and Treatment Act support knowledge- Council of Tlingit and Haida Tribes of maximum Federal share of the project is building research and service Alaska, Juneau, AK; the Colorado $500,000 per budget year. demonstration projects designed to Department of Human Services, Denver, Matching or Cost Sharing assist and enhance national, State and CO; the Independent Adoption Center, Requirement: The grantee must provide community efforts to prevent, assess, Pleasant Hill, CA; the South Carolina at least 10 percent of the total approved identify and treat child abuse and Department of Social Services, cost of the project. The total approved neglect. Funds from section 101 of the Columbia, SC and the Texas Department cost is the sum of the Federal share and Abandoned Infants Assistance Act, as of Protective and Regulatory Services, the non-Federal share. Therefore, a amended, (42 U.S.C. 670 note) are to Austin, TX. project requesting $500,000 per budget establish a program of comprehensive Project Duration: The projects will be period must include a match of at least service demonstration projects to awarded for a project period of 36 $55,556 per budget period. The non- prevent the abandonment in hospitals of months. The initial grant award will be Federal share may be cash or in-kind infants and young children, particularly for a 12-month budget period. The contributions, although applicants are those exposed to a dangerous drug and award of continuation funding beyond encouraged to meet their match those with the human each 12-month budget period will be requirements through cash subject to the availability of funds, immunodeficiency virus or who have contributions. satisfactory progress on the part to the been perinatally exposed to the virus. Anticipated Number of Projects to be grantee, and a determination that The Child Welfare Training Program Funded: It is anticipated that 1 project continued funding would be in the best will be funded. funds support discretionary awards to interest of the government. public or other non-profit institutions of Federal Share of Project Costs: The 2000A.3 Innovations Increasing higher learning for special projects for maximum Federal share of the project is Adoptive Placements of Hispanic/Latino training personnel for work in the field $250,000 per budget year. Children of child welfare, including traineeships Matching Requirements: The Eligible Applicants: States, local with such stipends and allowances as applicant must provide at least 10 government entities, public or private percent of the total approved cost of the may be permitted by the Department of non-profit licensed child welfare or project. The total approved cost is the health and Human Services (DHHS). adoption agencies and adoption sum of the ACF share and non-Federal DATES: exchanges. The closing date for receipt of share. Therefore, a project requesting Project Duration: The projects will be applications is 4:30 P.M. EDT June 12, $250,000 of Federal funds must include awarded for a project period of 36 2000. a match of at least $27,778 (10 percent months. The initial grant award will be Note: Applications should be submitted to of the total project cost of $277,778). for a 12-month budget period. The the ACYF Operations Center at: 1815 N. Fort Cash or in-kind contributions may meet award of continuation funding beyond Myer Drive, Suite 300, Arlington, Virginia the non-Federal share, although each 12-month budget period will be 22209. However, prior to preparing and applicants are encouraged to meet their subject to the availability of funds, submitting an application, in order to match through cash contributions. If satisfactory progress on the part to the satisfactorily compete under this approved for funding, grantees will be grantee, and a determination that announcement it will be necessary for held accountable for the commitment of continued funding would be in the best potential applicants to read the full non-Federal resources and failure to interest of the government. announcement which is available through provide the required amount will result Federal Share of Project Costs: The the addresses listed below. in a disallowance of unmatched Federal maximum Federal share of the project is ADDRESSES: Applications, including all funds. Anticipated Number of Projects to be not to exceed $250,000 per 12-month necessary forms can be downloaded budget period. from the Children’s Bureau web site at Funded: It is anticipated that 5 projects will be funded. Matching or Cost Sharing www.acf.dhhs.gov/programs/cb. Hard Requirement: Grantees must provide at copies of the application may be 2000A.2 Operation of a National least 10 percent of the total cost of the obtained by writing or calling the Adoption Information Exchange System project. The total approved cost of the Operations Center (see phone number Eligible Applicants: Any national, project is the sum of the ACF share and and address below) or sending an email State, or local government entity, public the non-Federal share. Therefore, a to [email protected]. or private non-profit agency, project requesting $250,000 in Federal funds (based on an award of $250,000 FOR FURTHER INFORMATION CONTACT: organization or university with per budget period) must include a ACYF Operations Center at: 1815 N. demonstrated expertise in adoption and match of at least $27,778 (10 percent of Fort Myer Drive, Suite 300, Arlington, the ability to maintain a National Adoption Information Exchange System. the total project cost). The non-Federal Virginia 22209 or 1–800–351–2293. Project Duration: The operation of a share may be cash or in-kind National Adoption Information contributions, although applicants are
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Anticipated Number of Projects to be satisfactory progress on the part to the contributions. Because this is a training Funded: It is anticipated that one grantee, and a determination that grant, indirect costs for their projects project will be funded. continued funding would be in the best shall not exceed 8 percent. Funds from interest of the government. this grant cannot be used to match title 2000C: Child Welfare Training Federal Share of Project Costs: The Discretionary Grants IV–E training funds. If approved for maximum Federal share of the project is funding, grantees will be held 2000C.1 Training of Child Welfare $200,000. accountable for the commitment of non- Practitioners To Work Effectively With Matching or Cost Sharing Federal resources and failure to provide Requirement: The grantee must provide Youth Transitioning Out of Foster Care the required amount will result in a at least 25 percent of the total approved Through the Federal Independent disallowable of unmatched Federal cost of the project. The total approved Living Program funds. Eligible Applicants: Public or non- cost is the sum of the Federal share and the non-Federal share. Therefore, a Anticipated Number of Projects to be profit institutions of higher education Funded: It is anticipated that a total of with accredited social work education project requesting $200,000 per budget period must include a match of at least approximately five projects will be programs, or other accredited bachelor funded. or graduate level programs leading to a $66,667 per budget period. The non- degree relevant to work in child welfare. Federal share may be cash or in-kind 2000C.4 Professional Education for Project Duration: The projects will be contributions, although applicants are Current and Prospective Public Child awarded for a project period of 36 encouraged to meet their match Welfare months. The initial grant award will be requirements through cash for a 12-month budget period. The contributions. Because this is a training Practitioners Leading to Bachelor of award of continuation funding beyond grant, indirect costs for these projects Social Work (BSW) Degrees each 12-month budget period will be shall not exceed 8 percent. Funds from Eligible Applicants: Public or non- subject to the availability of funds, this grant cannot be used to match the profit institutions of higher education satisfactory progress on the part to the title IV–E training funds. If approved for grantee, and a determination that funding, grantees will be held with accredited social work education continued funding would be in the best accountable for the commitment of non- programs. interest of the government. Federal resources and failure to provide Project Duration: The projects will be Federal Share of Project Costs: The the required amount will result in a awarded for a project period of 36 maximum Federal share of the project is disallowance of unmatched Federal months. The initial grant award will be $200,000 per budget year. funds. for a 12-month budget period. The Matching or Cost Sharing Anticipated Number of Projects to be award of continuation funding beyond Requirement: The grantee must provide Funded: It is anticipated that up to ten each 12-month budget period will be at least 25 percent of the total approved projects will be funded. subject to the availability of funds, cost of the project. The total approved 2000C.3 Training of Child Welfare satisfactory progress on the part to the cost is the sum of the Federal share and grantee, and a determination that the non-Federal share. Therefore, a Agency Supervisors Eligible Applicants: Public or non- continued funding would be in the best project requesting $200,000 per budget interest of the government. period must include a match of at least profit institutions of higher education $66,667 per budget period. The non- with accredited social work education Federal Share of Project Costs: The Federal share may be cash or in-kind programs, or other accredited bachelor maximum Federal share is not to exceed contributions, although applicants are or graduate level programs leading to a $75,000 for the 12-month budget period. encouraged to meet their match degree relevant to work in child welfare. A traineeship must not exceed $7,500 requirements through cash Project Duration: The projects will be per student per budget year. A contributions. Because this is a training awarded for a project period of 36 minimum of three-fourths of the total grant, indirect costs for these projects months. The initial grant award will be project funds must be used for shall not exceed 8 percent. Funds from for a 12-month budget period. The traineeships. The subsequent year this grant cannot be used to match title award of continuation funding beyond funding of the project will depend on IV–E training funds. each 12-month budget period will be the availability of funds. Anticipated Number of Projects to be subject to the availability of funds, Matching or Cost Sharing Funded: It is anticipated that satisfactory progress on the part of the Requirement: No matching funds are grantee, and a determination that approximately ten projects will be required for the portion of the budget continued funding would be in the best funded. which pays for traineeships. However, interest of the government. 2000C.2 Training for Managers and Federal Share of Project Costs: The grantees must provide at least 25 Supervisors To Enhance Their maximum Federal share is not to exceed percent of the total cost of grant Capability To Understand and To $200,000 per 12-month budget period. activities other than traineeships. The Implement the Adoption and Safe Matching or Cost Sharing total approved cost of these activities is Families Act of 1997 Requirement: The grantee must provide the sum of the ACYF share and the non- Eligible Applicants: Public or non- at least 25 percent of the total approved Federal share. The non-Federal share profit institutions of higher education cost of the project. The total approved may be met by cash or in-kind with accredited social work education cost is the sum of the Federal share and contributions, although applicants are programs, or other accredited bachelor the non-Federal share. Therefore, a encouraged to meet their match or graduate level programs leading to a project requesting $200,000 per budget requirements through a cash degree relevant to work in child welfare. period must include a match of at least contribution. Therefore, a project Project Duration: The length of the $66,667 per budget period. The non- requesting $18,750 in Federal funds for project may not exceed 36 months. The Federal share may be case or in-kind non-traineeship activities over the 12 award of continuation funding beyond contributions, although applicants are month time span of the budget (based each 12-month budget period will be encouraged to meet their match on $56,250 traineeship activities per subject to the availability of funds, requirements through cash budget period) must include a match of
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Federal funds for all four project years they intend to use in implementing York, Ohio, Oklahoma, Oregon, Palau, (based on an award of $100,000 per proposed projects. The approach Pennsylvania, South Dakota, Tennessee, budget year), must include a match of at sections will be expected to include, as Vermont, Virginia, Washington, and least $44,444 (10 percent of total appropriate, information on barriers to American Samoa have elected to approved project costs, i.e., $11,111 per implementation and proposed solutions participate in the Executive Order budget period). to those barriers; necessary process and have established Single Anticipated Number of Projects to be collaborations with other organizations Points of Contact (SPOCs). Applicants Funded: It is anticipated that two to and agencies and their respective roles; from these twenty-three jurisdictions three projects will be funded. evaluation plans; reporting need take no action regarding E.O. requirements; and staffing plans. 12372. Applicants for projects to be Evaluation Criteria Applicants must refer to the specific administered by Federally-recognized Reviewers will consider the following evaluation criteria for each priority area Indian Tribes are also exempt from the factors when scoring applications. contained in the full Program requirements of E.O. 12372. Applicants However, in order to adequately prepare Announcement in order to adequately to the Adoption Opportunities program their applications, applicants must refer prepare their applications. The points are also exempt from the requirements to the full program announcement for awarded for this criterion vary, of E.O. 12372. Otherwise, applicants the specific evaluation criteria for each depending on the specific priority area. should contact their SPOCs as soon as priority area. The points awarded for possible to alert them of the prospective Criterion 4: Organization Profile each criterion vary, depending on the applications and receive any necessary specific priority area. Applicants will be judged on the instructions. Applicants must submit experience and demonstrated Criterion 1: Objectives and Need for any required material to the SPOCs as competence of staff who are proposed to soon as possible so that the program Assistance implement the project and, as office can obtain and review SPOC Applications will be judged on the appropriate, the experience of the comments as part of the award process. extent to which they clearly specify the organization in implementing related It is imperative that the applicant purposes and/or strategies of the projects. Applicants must refer to the submit all required materials, if any, to proposed project and their relationship specific evaluation criteria for each the SPOC and indicate the date of this to legislative authority and child welfare priority area contained in the full submittal (or the date of contact if no outcomes, as appropriate; the quality of Program Announcement in order to submittal is required) on the Standard their statement regarding the need for adequately prepare their applications. Form 424, item 16a. the project; and evidence that the The points awarded for this criterion Under 45 CFR 100.8(a)(2), a SPOC has applicant understands current issues vary, depending on the specific priority 60 days from the application deadline to and recent developments in the field area. comment on proposed new or that may have relevance to the competing continuation awards. implementation of the project. Criterion 5: Budget and Budget SPOCs are encouraged to eliminate Applicants must refer to the specific Justification the submission of routine endorsements evaluation criteria for each priority area Applicants will be judged on the as official recommendations. contained in the full Program adequacy, reasonableness, and Additionally, SPOCs are requested to Announcement in order to adequately completeness of their budget requests to clearly differentiate between mere prepare their applications. The points support their proposed projects, advisory comments and those official awarded for this criterion vary, including their management plans to State process recommendations which depending on the specific priority area. control and account for expenditure of may trigger the accommodate or explain project funds. Applicants must refer to rule. A list of the Single Points of Criterion 2: Results or Benefits Expected the specific evaluation criteria for each Contact for each State and Territory can Applications will be judged on the priority area contained in the full be found on the web site http:// extent to which they define both interim Program Announcement in order to www.dhhs.gov/progorg/grantsnet/laws- and final results and benefits that they adequately prepare their applications. reg/spoq0695.htm. will seek to achieve through The points awarded for this criterion Dated: April 7, 2000. implementation of their proposed vary, depending on the specific priority Patricia Montoya, projects, how these results/benefits will area. Commissioner, Administration on Children, contribute to the overall improvement of Required Notification of the Single Youth and Families. the field, and, where appropriate, the [FR Doc. 00–9150 Filed 4–12–00; 8:45 am] innovative aspects of the proposed Point of Contact BILLING CODE 4184±01±M project. Applicants are encouraged to Most portions of this program are define clear, objective measures by covered under Executive Order 12372, which their results/benefits will be Intergovernmental Review of Federal DEPARTMENT OF HEALTH AND determined. Applicants must refer to Programs, and 45 CFR part 100, HUMAN SERVICES the specific evaluation criteria for each Intergovernmental Review of priority area contained in the full Department of Health and Human Food and Drug Administration Program Announcement in order to Services Program and Activities. Under [Docket No. 00N±1224] adequately prepare their applications. the Order, States may design their own The points awarded for this criterion process for reviewing and commenting Agency Information Collection vary, depending on the specific priority on proposed Federal assistance under Activities: Proposed Collection; area. covered programs. Comment Request; Guidance for All States and Territories except Criterion 3: Approach Industry: Submitting and Reviewing Alabama, Alaska, Colorado, Complete Responses to Clinical Holds Applicants will be judged on the Connecticut, Hawaii, Idaho, Kansas, clarity, feasibility, and thoroughness of Louisiana, Massachusetts, Minnesota, AGENCY: Food and Drug Administration, their description of the approach that Montana, Nebraska, New Jersey, New HHS.
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ACTION: Notice. before submitting the collection to OMB notice of availability of a guidance that for approval. To comply with this described how applicants should submit SUMMARY: The Food and Drug requirement, FDA is publishing notice responses to clinical holds so that they Administration (FDA) is announcing an of the proposed collection of may be identified as complete responses opportunity for public comment on the information listed below. and the agency can track the time to proposed collection of certain With respect to the following respond. FDA is now issuing a revised information by the agency. Under the collection of information, FDA invites guidance. Paperwork Reduction Act of 1995 (the comments on: (1) Whether the proposed PRA), Federal agencies are required to The revised guidance states that FDA collection of information is necessary will respond in writing within 30- publish notice in the Federal Register for the proper performance of FDA’s concerning each proposed collection of calendar days of receipt of a sponsor’s functions, including whether the request to release a clinical hold and a information, and to allow 60 days for information will have practical utility; public comment in response to the complete response to the issue(s) that (2) the accuracy of FDA’s estimate of the notice. This notice solicits comments on led to the clinical hold. An applicant’s burden of the proposed collection of the collection of information contained complete response to an IND clinical information, including the validity of in a guidance for industry entitled hold is a response in which all clinical the methodology and assumptions used; ‘‘Submitting and Reviewing Complete hold issues identified in the clinical (3) ways to enhance the quality, utility, Responses to Clinical Holds.’’ The hold letter have been addressed. and clarity of the information to be guidance describes how to submit a The guidance requests that applicants collected; and (4) ways to minimize the complete response if an investigational type in large, bold letters at the top of burden of the collection of information new drug (IND) application is placed on the cover letter of the complete response on respondents, including through the clinical hold by FDA. ‘‘Clinical Hold Complete Response’’ to use of automated collection techniques, DATES: Submit written comments on the expedite review of the response. The when appropriate, and other forms of guidance also requests that applicants collection of information by June 12, information technology. 2000. submit the complete response letter in triplicate to the IND, and that they fax ADDRESSES: Submit written comments Guidance for Industry: ‘‘Submitting and a copy of the cover letter to FDA’s on the collection of information to the Reviewing Complete Responses to contact listed in the clinical hold letter Dockets Management Branch (HFA– Clinical Holds’’ who is responsible for the IND. The 305), Food and Drug Administration, On November 21, 1997, the President guidance requests more than an original 5630 Fishers Lane, rm. 1061, Rockville, signed into law the Food and Drug and two copies of the cover letter in MD 20852. All comments should be Administration Modernization Act (the order to ensure that the submission is identified with the docket number Modernization Act) (Public Law 105– received and handled in a timely found in brackets in the heading of this 115). Section 117 of the Modernization manner. document. Act provides that a written request to FOR FURTHER INFORMATION CONTACT: FDA from the applicant of an Based on data concerning the number Karen L. Nelson, Office of Information investigation that a clinical hold be of complete responses to clinical holds Resources Management (HFA–250), removed shall receive a decision in received by the Center for Drug Food and Drug Administration, 5600 writing, specifying the reasons for that Evaluation and Research (CDER) from Fishers Lane, Rockville, MD 20857, decision, within 30 days after receipt of July 1, 1998, to June 30, 1999, CDER 301–827–1482. such request. A clinical hold is an order estimates that approximately 48 responses are submitted annually from SUPPLEMENTARY INFORMATION: Under the issued by FDA to the applicant to delay PRA (44 U.S.C. 3501–3520), Federal a proposed clinical investigation or to approximately 43 applicants, and that it agencies must obtain approval from the suspend an ongoing investigation for a takes approximately 284 hours to Office of Management and Budget drug or biologic. An applicant may prepare and submit to CDER each (OMB) for each collection of respond to a clinical hold. response. information they conduct or sponsor. Under section 505(i)(3)(C) of the Based on data concerning the number ‘‘Collection of information’’ is defined Federal Food, Drug, and Cosmetic Act, of complete responses to clinical holds in 44 U.S.C. 3502(3) and 5 CFR any written request to FDA from the received by the Center for Biologics 1320.3(c) and includes agency requests sponsor of an investigation that a Evaluation and Research (CBER) in or requirements that members of the clinical hold be removed must receive a fiscal year 1999, CBER estimates that public submit reports, keep records, or decision, in writing and specifying the approximately 134 responses are provide information to a third party. reasons, within 30 days after receipt of submitted annually from approximately Section 3506(c)(2)(A) of the PRA (44 the request. The request must include 110 applicants, and that it takes U.S.C. 3506(c)(2)(A)) requires Federal sufficient information to support the approximately 284 hours to prepare and agencies to provide a 60-day notice in removal of the clinical hold. submit to CBER each response. the Federal Register concerning each In the Federal Register of May 14, FDA estimates the burden of this proposed collection of information, 1998 (63 FR 26809), FDA published a collection of information as follows:
TABLE 1.ÐESTIMATED ANNUAL REPORTING BURDEN 1
No. of No. of Total Annual Hours per Complete Responses to Clinical Holds Respondents Responses per Total Hours Respondent Responses Response
CDER 43 1 48 284 13,632 CBER 110 1 134 284 38,056 Total 51,688 1 There are no capital cost or operating and maintenance costs associated with this collection of information.
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Dated: April 7, 2000. or requirements that members of the devices, and allow investigators the William K. Hubbard, public submit reports, keep records, or maximum freedom possible, without Senior Associate Commissioner for Policy, provide information to a third party. jeopardizing the health and safety of the Planning, and Legislation. Section 3506(c)(2)(A) of the PRA (44 public or violating ethical standards. [FR Doc. 00–9128 Filed 4–12–00; 8:45 am] U.S.C. 3506(c)(2)(A)) requires Federal To do this, the regulation provides for BILLING CODE 4160±01±F agencies to provide a 60-day notice in different levels of regulatory control the Federal Register concerning each depending on the level of potential risk proposed collection of information, the investigational device presents to DEPARTMENT OF HEALTH AND including each proposed extension of an human subjects. Investigations of HUMAN SERVICES existing collection of information, significant risk devices, ones that before submitting the collection to OMB present a potential for serious harm to Food and Drug Administration for approval. To comply with this the rights, safety, or welfare of human [Docket No. 00N±1226] requirement, FDA is publishing notice subjects, are subject to the full of the proposed collection of requirements of the IDE regulation. Agency Information Collection information set forth in this document. Nonsignificant risk device investigations, ones that do not present Activities; Proposed Collection; With respect to the following a potential for serious harm, are subject Comment Request; Investigational collection of information, FDA invites to the reduced burden of the abbreviated Device Exemptions, Reports, and comments on: (1) Whether the proposed Records requirements. collection of information is necessary The regulation also includes AGENCY: Food and Drug Administration, for the proper performance of FDA’s provisions for treatment IDE’s. The HHS. functions, including whether the purpose of these provisions is to information will have practical utility; ACTION: Notice. facilitate the availability, as early in the (2) the accuracy of FDA’s estimate of the device development process as possible, SUMMARY: The Food and Drug burden of the proposed collection of of promising new devices to patients Administration (FDA) is announcing an information, including the validity of with life-threatening or serious opportunity for public comment on the the methodology and assumptions used; conditions for which no comparable or proposed collection of certain (3) ways to enhance the quality, utility, satisfactory alternative therapy is information by the agency. Under the and clarity of the information to be available. Paperwork Reduction Act of 1995 (the collected; and (4) ways to minimize the Section 812.10 allows the sponsor of PRA), Federal agencies are required to burden of the collection of information the IDE to request a waiver to all of the publish notice in the Federal Register on respondents, including through the requirements of part 812. This concerning each proposed collection of use of automated collection techniques, information is needed for FDA to information, including each proposed when appropriate, and other forms of determine if waiver of the requirements extension of an existing information information technology. of part 812 will impact the public’s collection, and to allow 60 days for Investigational Device Exemptions, health and safety. public comment in response to the Reports, and Records—21 CFR Part 812 Sections 812.20, 812.25, and 812.27, notice. This notice solicits comments on (OMB Control No. 0910–0078)— consist of the information necessary to information collection requirements for Extension file an IDE application with FDA. The investigational device exemptions submission of an IDE application to (IDE’s). Section 520(g) of the Federal Food, FDA is required only for significant risk Drug, and Cosmetic Act (the act) (21 DATES: Submit written comments on the device investigations. Section 812.20 U.S.C. 360j(g)) establishes the statutory collection of information by June 12, lists the data requirements for the authority to collect information 2000. original IDE application; § 812.25 lists regarding investigational devices, and the contents of the investigational plan; ADDRESSES: Submit written comments establishes rules under which new and § 812.27 lists the data relating to on the collection of information to the medical devices may be tested using previous investigations or testing. The Dockets Management Branch (HFA– human subjects in a clinical setting. The information in this original IDE 305), Food and Drug Administration, FDA Modernization Act of 1997 added application is evaluated by the Center 5630 Fishers Lane, rm. 1061, Rockville, section 520(g)(6) to the act and for Devices and Radiological Health to MD 20852. All comments should be permitted changes to be made to either determine whether the proposed identified with the docket number the investigational device or to the investigation will reasonably protect the found in brackets in the heading of this clinical protocol without FDA approval public health and safety, and for FDA to document. of an IDE supplement. make a determination to approve the FOR FURTHER INFORMATION CONTACT: An IDE allows a device, which would IDE. Peggy Schlosburg, Office of Information otherwise be subject to provisions of the Once FDA approves an IDE Resources Management (HFA–250), act, such as premarket notification or application, a sponsor must submit Food and Drug Administration, 5600 premarket approval, to be used in certain requests and reports. Under Fishers Lane, Rockville, MD 20857, investigations involving human subjects § 812.35, a sponsor who wishes to make 301–827–1223. in which the safety and effectiveness of a change in the investigation which SUPPLEMENTARY INFORMATION: Under the the device is being studied. The purpose affects the scientific soundness of the PRA (44 U.S.C. 3501–3520), Federal of part 812 (21 CFR part 812) is to study or the rights, safety, or welfare of agencies must obtain approval from the encourage, to the extent consistent with the subjects is required to submit a Office of Management and Budget the protection of public health and request for the change to FDA. Under (OMB) for each collection of safety and with ethical standards, the § 812.150, a sponsor is required to information they conduct or sponsor. discovery and development of useful submit reports to FDA. These requests ‘‘Collection of information’’ is defined devices intended for human use. The and reports are submitted to FDA as in 44 U.S.C. 3502(3) and 5 CFR IDE regulation is designed to encourage supplemental applications. This 1320.3(c) and includes agency requests the development of useful medical information is needed for FDA to ensure
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TABLE 1.ÐESTIMATED ANNUAL REPORTING BURDEN 1
Annual Fre- 21 CFR Section No. of Re- quency per Re- Total Annual Hours per Re- Total Hours spondents sponse Responses sponse
812.10 1 1 1 1 1 812.20, 812.25, and 812.27 600 0.5 300 80 24,000 812.35 and 812.150 (Significant) 600 7 4,200 6 25,200 812.150 (Nonsignificant) 600 0.017 10 6 60 812.36(c) 6 1 6 120 720 812.36(f) 6 2 12 20 240 Total 50,221 1 There are no capital costs or operating and maintenance costs associated with this collection of information.
TABLE 2.ÐESTIMATED ANNUAL RECORDKEEPING BURDEN 1
Annual Fre- 21 CFR Section No. of Record- quency per Total Annual Hours per Total Hours keepers Recordkeeping Records Record
812.140 600 0.5 300 10 3,000 Original Supplemental 600 7 4,200 1 4,200 Nonsignificant 600 1 600 6 3,600 Total 10,800 1 There are no capital costs or operating and maintenance costs associated with this collection of information.
I. Reporting supplement to be approximately 6 be 720 hours. FDA also estimates that it hours. will take approximately 20 hours to Section 812.10 estimates are based on The reporting burden for prepare a semiannual report, resulting the fact that FDA has received very few, nonsignificant risk device studies in a total annual burden of 240 hours for if any, waiver requests in the past, and (§ 812.150) is negligible. Nonsignificant annual reports. estimates that very few will be risk device studies are not reported to II. Recordkeeping submitted in the future. Therefore, FDA FDA unless a problem is reported such estimates a minimal burden to account as an unanticipated adverse device Section 812.40 estimates are based on for waiver requests. reaction, failure to obtain informed conversations with manufacturers, Sections 812.20, 812.25, and 812.27 consent, withdrawal of IRB approval, or industry trade association groups, and estimates are based on the average of a recall of a device. In the past, an businesses over the last 3 years. For IDE’s submitted from fiscal years 1995 average of 10 incidences or less significant risk device investigations, through 1999. FDA estimates the annual annually have been reported to FDA. FDA has estimated that the reporting burden for one IDE original Section 812.36(c) and (f) estimates are recordkeeping burden for preparing an application to be approximately 80 based on FDA’s experience with the original IDE submission averages 10 hours, and the annual reporting burden treatment use of drugs and knowledge of hours for each original IDE submission. for one IDE supplement to be the types of devices that may meet the Similarly, through the same approximately 6 hours. treatment use criteria. FDA estimates conversations mentioned above, FDA Sections 812.35 and 812.150 estimates that an average of six treatment use has estimated recordkeeping for each are based on the average of IDE applications will be submitted each supplement requires 1 hour. The supplements submitted from fiscal years year. FDA estimates that it will take recordkeeping burden for nonsignificant 1995 through 1999 for significant risk approximately 120 hours to prepare a risk device investigations is difficult to device studies. FDA estimates the treatment IDE and the total annual estimate because nonsignificant risk annual reporting burden for one IDE burden for preparing applications will device investigations are not required to
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TABLE 1.ÐESTIMATED ANNUAL REPORTING BURDEN 1
Annual 21 CFR section No. of frequency per Total annual Hours per Total hours respondents response responses response
808.20 3 1 3 100 300 808.25 3 1 3 10 30 Total 330 1 There are no capital costs or operating and maintenance costs associated with this collection of information.
FDA based its estimates of the number the last 3 years and on the number of time required to prepare submissions on of submissions expected in the future inquiries received indicating that discussions with those who have contained in table 1 of this document on applications would be submitted in the prepared submissions in the last 3 years. the number of submissions submitted in next year. FDA based its estimates of the
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Dated: April 7, 2000. DEPARTMENT OF HEALTH AND Environmental Health Sciences, National William K. Hubbard, HUMAN SERVICES Institutes of Health, HHS) Senior Associate Commissioner for Policy, Dated: April 5, 2000. National Institutes of Health Planning, and Legislation. Anna Snouffer, [FR Doc. 00–9132 Filed 4–12–00; 8:45 am] National Institutes of Environmental Acting Director, Office of Federal Advisory BILLING CODE 4160±01±F Health Sciences: Notice of Meeting Committee Policy. [FR Doc. 00–9184 Filed 4–12–00; 8:45 am] Pursuant to section 10(d) of the DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as BILLING CODE 4140±01±M HUMAN SERVICES amended (5 U.S.C. Appendix 2), notice is hereby given of a meeting of the DEPARTMENT OF HEALTH AND National Institutes of Health National Advisory Environmental HUMAN SERVICES Health Sciences Council. National Cancer Institute; Notice of The meeting will be open to the Closed Meeting Substance Abuse and Mental Health public as indicated below, with Services Administration attendance limited to space available. Pursuant to section 10(d) of the Individuals who plan to attend and Notice of Meetings Federal Advisory Committee Act, as need special assistance, such as sign amended (5 U.S.C. Appendix 2), notice language interpretation or other Pursuant to Public Law 92–463, is hereby given of the following reasonable accommodations, should meeting. notice is hereby given of the following notify the Contact Person listed below meeting of the SAMHSA Special The meeting will be closed to the in advance of the meeting. Emphasis Panel I in May 2000. public in accordance with the The meeting will be closed to the provisions set forth in sections public in accordance with the A summary of the meetings and a 552b(c)(4) and 552b(c)(6), title 5 U.S.C., provisions set forth in sections roster of the members may be obtained as amended. The grant applications and 552b(c)(4) and 552b(c)(6), title 5 U.S.C., from: Ms. Coral Sweeney, Review the discussions could disclose as amended. The grant applications Specialist, SAMHSA, Office of Policy confidential trade secrets or commercial and/or contract proposals and the and Program Coordination, Division of property such as patentable material, discussions could disclose confidential Extramural Activities, Policy, and and personal information concerning trade secrets or commercial property Review, 5600 Fishers Lane, Room 17– individuals associated with the grant such as patentable material, and 89, Rockville, Maryland 20857. applications, the disclosure of which personal information concerning Telephone: 301–443–2998. would constitute a clearly unwarranted individuals associated with the grant Substantive program information may invasion of personal privacy. applications and/or contract proposals, be obtained from the individual named Name of Committee: National Cancer the disclosure of which would as Contact for the meeting listed below. Institute Special Emphasis Panel, NCI constitute a clearly unwarranted The meetings will include the review, Transition Career Development Award (K22). invasion of personal privacy. discussion and evaluation of individual Date: April 26, 2000. Name of Committee: National Advisory grant applications. These discussions Time: 2 pm to 6 pm. Environmental Health Sciences Council, could reveal personal information Agenda: To review and evaluate grant Agenda Available: http:// concerning individuals associated with applications. www.niehs.nih.gov/dert/c-agenda.htm. the applications. Accordingly, these Place: Fitzpatrick Manhattan Hotel, 687 Date: May 15–16, 2000. meetings are concerned with matters Lexington Avenue, New York, NY 10022. Open: May 15, 2000, 8:30 am to 5 pm. Contact Person: Mary Bell, Scientific Agenda: Director’s Report and discussion exempt from mandatory disclosure in Review Administrator, Grants Review of program policies and issues. Title 5 U.S.C. 552b(c) (6) and 5 U.S.C. Branch, National Cancer Institute, National Place: Building 31C, Conference Room 6, App. 2, sec. 10(d). Institutes of Health, 6130 Executive National Institutes of Health, 3100 Center Committee Name: SAMHSA Special Boulevard, Rockville, MD 20892, 301/496– Drive, Bethesda, MD 20892. Emphasis Panel I (SEP I). Closed: May 16, 2000, 8:30 am to 2 pm. 7978. Meeting Dates: May 1–4, 2000. This notice is being published less than 15 Agenda: To review and evaluate grant applications and/or proposals. Place: Bethesda Marriott, 5151 Pooks Hill days prior to the meeting due to the timing Road, Bethesda, MD 20814. limitations imposed by the review and Place: Building 31C, Conference Room 6, Closed: May 1–4, 2000, 8:30 a.m.–5 p.m./ funding cycle. National Institutes of Health, 3100 Center Drive, Bethesda, MD 20892. adjournment. (Catalogue of Federal Domestic Assistance Contact Person: Anne P. Sassaman, Panel: Community Action Grants, PA 000– program Nos. 93.392, Cancer Construction; Director, Division of Extramual Research and 003. 93.393, Cancer Cause and Prevention Training, Executive Secretary, National Contact: Michael Koscinski, Room 17–89, Research; 93.394, Cancer Detection and Institutes of Environmental, Health Sciences, Parklawn Building, Telephone: 301–443– Diagnosis Research; 93.395, Cancer NIH/PHS, P.O. Box 12233, Research Triangle 6094 and FAX: 301–443–3437. Treatment Research; 93.396, Cancer Biology Park, NC 27709, 919/541–7723. Research; 93.397, Cancer Centers Support; This notice is being published less than 15 (Catalogue of Federal Domestic Assistance 93.396, Cancer Research Manpower; 93.399, days prior to the meeting due to the urgent Program Nos. 93.113, Biological Response of Cancer Control, National institutes of Health, need to meet timing limitations imposed by Environmental Health Hazards; 93.114, the review and funding cycle. HHS) Applied Toxicological Research and Testing; Dated: April 5, 2000. 93.115, Biometry and Risk Estimation— Dated: April 3, 2000. Anna Snouffer, Health Risks from Environmental Exposures; Coral Sweeney, 93–142, NIEHS Hazardous Waste Worker Acting Director, Office of Federal Advisory Review Specialist, Substance Abuse and Health and Safety Training; 93.143, HIEHS Committee Policy. Mental Health Services Administration. Superfund Hazardous Substances-Basic [FR Doc. 00–9185 Filed 4–12–00; 8:45 am] Research and Education; 93.894, Resources [FR Doc. 00–9208 Filed 4–12–00; 8:45 am] BILLING CODE 4140±01±M and Manpower Development in the BILLING CODE 4162±20±P
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DEPARTMENT OF HOUSING AND families cannot afford to repay, strip for the GSEs’ purchase of mortgages for URBAN DEVELOPMENT equity and, in the worst cases, result in low- and moderate income families, default and the loss of homeownership. properties in central cities, rural and [Docket No. FR±4590±N±01] Evidence from around the country other underserved areas and special Notice of Public Forums and continues to indicate that many of those affordable housing. The Act also Establishment of HUD Task Force on engaged in predatory lending practices requires the Secretary to prohibit Predatory Lending Practices target low income minority discrimination in the GSEs’ mortgage communities for their activities, and purchases. (12 U.S.C. 4501 et seq.) AGENCY: Office of the General Counsel, may be treating minority and elderly The National Housing Act established HUD. borrowers less favorably than others the Federal Housing Administration ACTION: Notice. based on their race, age, color or program, a key component of the national origin. Department, to provide mortgage SUMMARY: HUD announces that its Simultaneous with this review, HUD, insurance to facilitate homeownership. Assistant Secretary for Housing-FHA through its proposed rule on new (12 U.S.C. 1701 et seq.) Commissioner and its General Counsel housing goal levels for the Federal will co-chair public fact-finding forums National Mortgage Association (Fannie III. HUD’s Actions To Address on the subject of predatory lending Mae) and the Federal Home Loan Predatory Lending Practices practices during the months of April Mortgage Corporation (Freddie Mac) The Task Force and May 2000, in the cities of Chicago, (collectively, the Government Los Angeles, New York and Baltimore. Sponsored Enterprises, or GSEs), issued The Secretary of HUD has appointed HUD is conducting these forums to March 9, 2000 (65 FR 12632), will a Task Force on Predatory Lending, gather as much information as possible determine what controls should be which will be chaired by the Assistant to propose substantive protections to established to avoid counting high cost Secretary for Housing, who is also the address abusive lending practices. loans with predatory features towards FHA Commissioner, and HUD’s General Toward this objective, HUD also the GSE Housing goals. Additionally, Counsel. HUD’s Task Force includes announces the establishment of a Task while HUD has addressed related representatives of consumer, civil rights, Force on predatory lending practices. problems in HUD’s Federal Housing community and industry organizations HUD’s Task Force includes Administration (FHA) program, as well as local officials. The members representatives of consumer, civil rights, including appraisal issues, HUD must of the Task Force will: community and industry organizations make certain that FHA program (1) Provide individual views on as well as local officials. HUD will beneficiaries are protected from predatory lending practices and help solicit the individual views of these predatory abuses. develop a list of experts and other knowledgeable persons who may members to draw upon their experience, II. Background efforts and successes at addressing participate and share their knowledge abusive lending practices at the state In July, 1998, HUD and the Board of of, and experience in, the subject of and local level throughout the Nation. Governors of the Federal Reserve predatory lending practices at the System (Board) delivered a Joint Report DATES: The specific dates and times of planned public forums; to Congress Recommending Reform of HUD’s forums as well the issues to be (2) Help HUD consider and the Real Estate Settlement Procedures addressed will be announced on HUD’s understand the views presented at the Act (RESPA) and the Truth in Lending web site at http://www.hud.gov and forums by giving individual members’ Act (TILA). HUD and the Board through HUD’s Office of Public Affairs. reactions to the testimony presented; recommended a number of legislative and FOR FURTHER INFORMATION CONTACT: If proposals to remedy predatory lending you have questions concerning this (3) Provide individual perspectives on abuses. proposals that might be made as a result Notice you may contact Allen Fishbein HUD has legal authority under several of the forums. at (202) 708–3600, or via facsimile at laws that can, at least in part, address (202) 708–2842, or in writing at the a number of these abuses. By including a wide-range of experts Department of Housing and Urban RESPA requires that consumers be and advocates on the Task Force, HUD Development, 451 Seventh Street, SW., provided with greater and more timely will draw upon the good work that has Room 9110, Washington, DC 20410. information on the nature and costs of already been done on this problem at For legal questions, you may contact the settlement process including the the state and local level in various parts Kenneth A. Markison, Assistant General costs of obtaining a mortgage loan. of the Nation. Counsel for GSE/RESPA, or Teresa L. RESPA also protects consumers from The Public Forums Baker, Attorney for RESPA, Room 9262, unnecessarily high settlement charges Department of Housing and Urban caused by kickbacks, referral fees and HUD’s Assistant Secretary for Development, Washington, DC 20410; unearned fees involved in real estate Housing/FHA Commissioner and the telephone (202) 708–3137 (these are not settlement services. (12 U.S.C. 2601, et General Counsel will also co-chair at toll free numbers). Hearing or speech seq.) least four public forums during April impaired individuals may access these The Fair Housing Act prohibits and May, 2000, to gather information numbers via TTY by calling the toll free discrimination on the basis of race, and views on this problem. HUD has General Information Relay Service at 1– color, religion, sex, familial status, planned public forums for the cities of 800–877–8339. national origin, or handicap in Chicago, Los Angeles, New York and SUPPLEMENTARY INFORMATION: residential real-estate related Baltimore. At one or more of these transactions, which are defined to forums, HUD will address a range of I. HUD’s Views on Predatory Lending include the making or purchasing of issues including: Practices mortgage loans. (42 U.S.C. 3605.) • The dimensions of the problem; Predatory lending abuses inflate real The Federal Housing Enterprises • Distinguishing predatory lending estate settlement costs, involve high Financial Safety and Soundness Act practices from beneficial subprime interest rates, result in debts that requires the Secretary to establish goals lending;
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• The adverse effects of predatory maintained under the management The applicant requests a permit to lending practices on minority and program of the Republic of South Africa, import one captive-born male black- elderly borrowers; for the purpose of enhancement of the footed cat (Felis nigripes) from the • Possible improvements under survival of the species. Pretoria Zoo, Pretoria, South Africa, for existing federal laws and proposals for the purpose of enhancing the survival of PRT–024500 new protections; the species through propagation. • The role of state laws in stemming Applicant: James D. McChesney, PRT–701458 abusive lending; Cooperstown, NY • Predatory lending, the secondary The applicant requests a permit to Applicant: Carl and Kevin Beck, market and the securities industry— import the sport-hunted trophy of one Pahrump, NV from Main Street to Wall Street; male bontebok (Damaliscus pygargus The applicant requests a permit to re- • The role of enforcement in dorcas) culled from a captive herd export and re-import captive-born stemming predatory lending practices maintained under the management Bengal tigers (Panthera tigris tigris) and under federal laws, such as the Fair program of the Republic of South Africa, progeny of the animals currently held Housing Act and RESPA; for the purpose of enhancement of the by the applicant and any animals • Counseling and consumer survival of the species. acquired in the United States by the education; and applicant to/from worldwide locations PRT–024498 • Positive and negative effects of to enhance the survival of the species technology on predatory abuses. Applicant: Roland Garrett, Yorktown, through conservation education. This The agendas for each forum will be VA notification covers activities conducted established in advance and made The applicant requests a permit to by the applicant over a three-year available by HUD through its web site import the sport-hunted trophy of one period. (http://www.hud.gov) and through male bontebok (Damaliscus pygargus PRT–024712 HUD’s Office of Public Affairs. dorcas) culled from a captive herd Following these forums, HUD will maintained under the management Applicant: Wildlife Conservation propose protections to address abusive program of the Republic of South Africa, Society, Bronx, NY lending practices. for the purpose of enhancement of the The applicant requests a permit to Dated: April 10, 2000. survival of the species import up to 100 Kihansi spray toads (Nectophrynoides asperginis) from the Gail W. Laster, PRT–024740 Kihansi River Gorge area of Tanzania for General Counsel. Applicant: Robert D. Adams, Hazel, SD the purpose of propagation for the [FR Doc. 00–9284 Filed 4–11–00; 8:46 am] The applicant requests a permit to enhancement of the survival of the BILLING CODE 4210±01±P import the sport-hunted trophy of one species. male bontebok (Damaliscus pygargus dorcas) culled from a captive herd PRT–024861 DEPARTMENT OF THE INTERIOR maintained under the management Applicant: Center for Environmental program of the Republic of South Africa, Research and Conservation, Columbia Fish and Wildlife Service for the purposes of enhancement of the University, New York, NY survival of the species. The applicant requests a permit to Notice of Receipt of Applications for import blood, hair and tissue samples Permit PRT–649126 from wild, captive held and/or captive Endangered Species Applicant: National Institutes of Health, born Asian elephant (Elaphus maximus) Frederick, MD, for the purpose of enhancement of the The following applicants have The applicant requests a permit to species through scientific research. applied for a permit to conduct certain renew their current permit which activities with endangered species. This authorizes import and/or interstate PRT–023848 notice is provided pursuant to section commerce to obtain biological samples Applicant: Toledo Zoological Gardens, 10(c) of the Endangered Species Act of taken from endangered and threatened Toledo, OH 1973, as amended (16 U.S.C. 1531, et mammals. They request the re- The applicant requests a permit to seq.). authorization specifically include the import two male and one female PRT–025112 import and/or interstate commerce of captive-born Cheetah (Acinonyx Applicant: Dana M. Biasatti, Dallas, TX DNA samples taken from endangered jabatus) from the Hoedspruit Research and threatened mammals for the and Breeding Centre, Waterjkiif Ridge, The applicant requests a permit to purpose of scientific research. South Africa for the purpose of import samples obtained from salvaged enhancement of the species through PRT–024460 Leatherback (Dermochelys coriacea), captive propagation. Green (Chelonia mydas) and Olive Applicant: Riverbanks Zoological Park & Ridley (Lepidochelys olivacea) marine Botanical Garden, Columbia, SC PRT–023849 turtles for the purpose of in The applicant requests a permit to Applicant: Minnesota Zoological enhancement of the species through import one captive-born female black- Garden, Apple Valley, MN scientific research. footed cat (Felis nigripes) from the The applicant requests a permit to PRT–024610 Johannesburg Zoo, Johannesburg, South import one male captive-born Amur Africa, for the purpose of enhancing the leopard (Panthera pardus orientalis) Applicant: Michael J. Flannery, survival of the species through from Jungle Cat World, Ontario, Canada Soldotna, AK propagation. for the purpose of enhancement of the The applicant requests a permit to species through captive propagation. import the sport-hunted trophy of one PRT–024461 male bontebok (Damaliscus pygargus Applicant: Riverbanks Zoological Park & PRT–024092 dorcas) culled from a captive herd Botanical Garden, Columbia, SC Applicant: Black Pine, Inc. Albion, IN
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The applicant requests a permit to The applicant requests a permit to DEPARTMENT OF THE INTERIOR export 0.2 captive born tigers (Panthera import a polar bear (Ursus maritimus) tigris) to Dream World’s Tiger Island, sport-hunted from the Lancaster Sound Fish and Wildlife Service Coomera, Queensland, Australia, for the polar bear population, Northwest Notice of Receipt of Application for purpose of enhancement of the species Territories, Canada for personal use. through captive propagation. Approval PRT–024741 PRT–799726 The following applicant has applied Applicant: Michael T. Warn, Aurora, OR for approval to conduct certain activities Applicant: Duke University Primate with birds that are protected under the Center, Durham, NC The applicant requests a permit to Wild Bird Conservation Act of 1992. The applicant requests a permit to import a polar bear (Ursus maritimus) This notice is provided under Section import tissue samples from captive sport-hunted from the Northern 112, paragraph 4, of the Wild Bird white-fronted lemurs (Lemur fulvus Beaufort Sea polar bear population, Conservation Act of 1992, and Title 50, albifrons) at Parc Ivoloina, Madagascar Northwest Territories, Canada for of the Code of Federal Regulations, for scientific research. personal use. Section 15.26(c). Applicant: Jeanette Rilling, PRT–025015 PRT–024962 Kintnersville, PA. The applicant wishes Applicant: Jack W. Nicklas, North Palm to establish a cooperative breeding Applicant: Richard A. Belotti, Monroe Beach, FL program for the Red-crested cardinal Township, NJ The applicant requests a permit to (Paroaria coronata) and the Yellow- import the sport-hunted trophy of one The applicant requests a permit to billed cardinal (Paroaria capitata). The male bontebok (Damaliscus pygargus import a polar bear (Ursus maritimus) applicant wishes to be an active dorcas) culled from a captive herd sport-hunted from the Lancaster Sound participant in this program with four maintained under the management polar bear population, Northwest other private individuals and two program of the Republic of South Africa, Territories, Canada for personal use. zoological organizations. The American for the purpose of enhancement of the Federation of Aviculture Inc. has Written data, comments or requests assumed the responsibility for the survival of the species. for copies of these complete Written data or comments should be oversight of the program. applications or requests for a public Written data or comments should be submitted to the Director, U.S. Fish and hearing on these applications should be Wildlife Service, Office of Management submitted to the Director, U.S. Fish and sent to the U.S. Fish and Wildlife Authority, 4401 North Fairfax Drive, Wildlife Service, Office of Management Service, Office of Management Room 700, Arlington, Virginia 22203 Authority, 4401 North Fairfax Drive, and must be received by the Director Authority, 4401 N. Fairfax Drive, Room Room 700, Arlington, Virginia 22203 within 30 days of the date of this 700, Arlington, Virginia 22203, and must be received by the Director publication. telephone 703/358–2104 or fax 703/ within 30 days of the date of this 358–2281. These requests must be publication. Marine Mammal received within 30 days of the date of Documents and other information The public is invited to comment on publication of this notice. Anyone submitted with these applications are the following application for a permit to requesting a hearing should give available for review, subject to the conduct certain activities with marine specific reasons why a hearing would be requirements of the Privacy Act and mammals. The application was appropriate. The holding of such a Freedom of Information Act, by any submitted to satisfy requirements of the hearing is at the discretion of the party who submits a written request for Marine Mammal Protection Act of 1972, Director. a copy of these documents to the as amended (16 U.S.C. 1361 et seq.) and following office within 30 days of the Documents and other information date of publication of this notice: U.S. the regulations governing marine submitted with these applications are mammals (50 CFR 18). Fish and Wildlife Service, Office of available for review, subject to the Management Authority, 4401 North PRT–024046 requirements of the Privacy Act and Fairfax Drive, Room 700, Arlington, Applicant: Craig W. Scott, Corinth, TX Freedom of Information Act, by any Virginia 22203. Phone: (703/358–2095); party who submits a written request for The applicant requests a permit to FAX: (703/358–2298). a copy of such documents to the import a polar bear (Ursus maritimus) Dated: April 10, 2000. following office within 30 days of the sport-hunted from the Southern Mark Phillips, date of publication of this notice: U.S. Beaufort Sea polar bear population, Acting Chief, Branch of Operation, Office of Northwest Territories, Canada for Fish and Wildlife Service, Office of Management Authority. personal use. Management Authority, 4401 North [FR Doc. 00–9231 Filed 4–12–00; 8:45 am] Fairfax Drive, Room 700, Arlington, BILLING CODE 4310±55±P PRT–024496 Virginia 22203. Phone: (703/358–2104); Applicant: Chris Walgreen, Chicago, IL FAX: (703/358–2281). The applicant requests a permit to Dated: April 7, 2000. DEPARTMENT OF THE INTERIOR import a polar bear (Ursus maritimus) Kristen Nelson, sport-hunted from the Southern Fish and Wildlife Service Chief, Branch of Permits, Office of Beaufort Sea polar bear population, Management Authority. Issuance of Permit for Marine Northwest Territories, Canada for [FR Doc. 00–9138 Filed 4–12–00; 8:45 am] Mammals personal use. BILLING CODE 4310±55±U On, January 6, 2000 a notice was PRT–024621 published in the Federal Register, Vol. Applicant: Alfred G. Hoover, Bloomfield 65, No.4, Page 787, that an application Hills, MI had been filed with the Fish and
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Wildlife Service by Toledo Zoological 1. Whether the collection information 1999, BLM published a notice in the Gardens, Toledo, OH, for a permit is necessary for the proper functioning Federal Register requesting comments (PRT–014704) to import one captive of BLM, including whether the on the proposed information collection born polar bear (Ursus maritimus) for information will have practical utility; (64 FR 62684). The comment period the purpose of public display. 2. The accuracy of BLM’s estimate of closed on January 18, 2000. We received Notice is hereby given that on March the burden of collecting the information, no public comments as a result of that 16, 2000, as authorized by the including the validity of the notice. provisions of the Marine Mammal methodology and assumptions used; You can obtain copies of the proposed Protection Act of 1972, as amended (16 3. The quality, utility and clarity of information collection and explanatory U.S.C. 1361 et seq.) the Fish and the information to be collected; and material by contacting BLM’s Clearance Wildlife Service authorized the 4. How to minimize the burden of Officer at the telephone number listed requested permit subject to certain collecting the information on those who below. OMB must complete its review conditions set forth therein. are to respond, including the use of within 60 days, but may complete it Dated: April 7, 2000. appropriate automated electronic, after 30 days. For a maximum Kristen Nelson, mechanical, or other forms of consideration, your comments and Chief, Branch of Permits, Office of information technology. suggestions on the requirements should Management Authority. Title: Statement of Federal Land be made within 30 days directly to the [FR Doc. 00–9139 Filed 4–12–00; 8:45 am] Payments (43 CFR 1881). OMB approval Office of Management and Budget, BILLING CODE 4310±55±P number 1004–0109. Office of Information and Regulatory Abstract: The BLM is proposing to Affairs, (1004–NEW), 725 17th Street, renew the approval of an information N.W., Washington, DC 20503. DEPARTMENT OF THE INTERIOR collection for 43 CFR 1881. This allows Nature of Comments BLM to collect information that is Bureau of Land Management statutorily required to compute We specifically request your payments due units of general local comments on the following: [WO±880±9500±PF±24±1A; OMB Approval 1. Whether the collection of Number 1004±0109] government under the PILT Act. The Act requires the governor of each State information is necessary for the proper Extension of Currently Approved to furnish a statement as to the amounts functioning of BLM, including whether Information Collection; Information paid to units of general local the information will have practical Collection Submitted to the Office of government under 11 receipt sharing utility; Management and Budget for Review statutes in the prior fiscal year. 2. The accuracy of BLM’s estimate of Under the Paperwork Reduction Act Bureau Form Number: None. the burden associated with collecting Frequency: Annually. the information, including the validity The proposed renewal for information Description of Respondents: of the methodology and assumptions collection OMB approval number 1004– Respondents are State governments. used; 0109 has been submitted to the Office of 3. The quality, utility and clarity of Estimated completion time: 20 hours. Management and Budget (OMB) for the information to be collected; and Annual Responses: 50. approval under the provisions of the 4. How to minimize the burden of Paperwork Reduction Act (44 U.S.C. Annual Burden Hours: 1,000. collecting the information on those who 3501 et seq.). On January 24, 2000, BLM Information Clearance Officer: Carole are to respond, including the use of published a notice in the Federal Smith, (202) 452–0367. appropriate automated electronic, Register (65 FR 3731) requesting Dated: March 27, 2000. mechanical, and other forms of comments on this information Carole Smith, information technology. collection. The comment period ended Bureau of Land Management, Information Title: Trans-Alaska Pipeline System on March 24, 2000. BLM received no Clearance Officer. Survey of the Employee Concerns comments from the public in response [FR Doc. 00–9177 Filed 4–12–00; 8:45 am] Program. to that notice. Copies of the information BILLING CODE 4310±84±M OMB Approval Number: 1004–(NEW). collection and related forms may be Abstract: Testimony at Congressional obtained by contacting the BLM hearings in 1992 and 1994 indicted that information clearance officer at the DEPARTMENT OF THE INTERIOR Alyeska, the contractor what operates telephone number listed below. the Trans-Alaska Pipeline system OMB is required to respond to this Bureau of Land Management (TAPS), maintains a repressive, request within 60 days but may respond retaliatory atmosphere to discourage [AK990±2000±5101±NH±FL07±262F] after 30 days. For maximum workers from raising concerns about consideration, you comments and Information Collection Submitted to operation of the pipeline. Congress suggestions on the requirement should the Office of Management and Budget requested that Alyeska take steps to be made within 30 days directly to the for Review Under the Paperwork change the culture of the pipeline work Office of Management and Budget, Reduction Act environment and asked the Joint Interior Department Desk Officer (1004– Pipeline Office (JPO) to monitor and 0109), Office of Information and The Bureau of Land Management report on progress. JPO will use this Regulatory Affairs, Washington, DC (BLM) has submitted a proposed survey to gather opinions form Alyeska 20503. Please provide a copy of your information collection to the Office of and other contractors’ employees and comments to the Bureau Information Management and Budget (OMB) for supervisors about how well the Clearance Officer (WO–630), 1849 C approval under the Paperwork Employee concerns Program (ECP) is Street, NW, Mail Stop 401LS, Reduction Act of 1995 (44 U.S.C. working. JPO will use the results to Washington, DC 20240. Chapter 35). The proposed information measure, compare, and report on Nature of Comments: We specifically collection is the Trans-Alaska Pipeline employee satisfaction with the ECP as a request your comments on the System Survey of the Employee way to assess whether repressive culture following: Concerns Program. On November 17, is changing.
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Frequency: Annually. 20240 within 30 days after the date of DEPARTMENT OF THE INTERIOR Description of respondents: publication of this Notice of Employees of Alyeska Pipeline Service Availability. Bureau of Land Management Company and contractors. [NV±030±00±1020±24] Estimated completion time: 15 FOR FURTHER INFORMATION CONTACT: minutes for each survey. Verlin Smith, Field Manager, Bureau of Sierra Front/Northwestern Great Basin Annual responses: 1,100. Land Management, Kanab Field Office, Resource Advisory Council; Notice of Estimated burden hours: 550 per year. at 318 North, First East, Kanab, Utah Meeting Location and Time Bureau Clearance Officer: Carole 84741 (telephone: 435–644–2672 ext. Smith, 202/452–0367. 2646) or Ronald Bolander, Bureau of AGENCY: Bureau of Land Management, Interior. Dated: April 7, 2000. Land Management, Utah State Office, Carole J. Smith, 324 South State Street, PO Box 45155, ACTION: Notice of meeting location and time for the Sierra Front/Northwestern Bureau Information Clearance Officer. Salt Lake City, Utah 84145–0155 Great Basin Resource Advisory Council (telephone: 801–539–4065). Copies of [FR Doc. 00–9178 Filed 4–12–00; 8:45 am] (Nevada). BILLING CODE 4310±84±M the proposed plan amendment/EA/ FONSI are available for review at the SUMMARY: In accordance with the BLM Kanab Field Office and BLM Utah Federal Land Policy and Management DEPARTMENT OF THE INTERIOR State Office. In addition, copies are Act and the Federal Advisory available for review at the State of Utah, Committee Act of 1972 (FACA), the U.S. Bureau of Land Management Department of Natural Resources, 1594 Department of the Interior, Bureau of [UT±046±1610±00] West North Temple, Salt Lake City, Land Management (BLM) Sierra Front/ Utah, 84114, contact person Jamie Northwestern Great Basin Resource Notice of Availability of Environmental Dalton (telephone: 801–538–7311), and Advisory Council (Nevada) will be held Assessment (EA)/Finding of No at the State of Utah, Department of as indicated below. Topics for Significant Impact (FONSI) for a Natural Resources, Division of Parks discussion will include issues related to Proposed Plan Amendment to the and Recreation, Southwest Region the BLM geothermal resource leasing Vermilion Management Framework program in Nevada; a review of the BLM Office, 585 North Main, Cedar City, Plan (MFP) Nevada program for emergency fire Utah 84721–1079 contact person rehabilitation; the BLM Great Basin AGENCY: Bureau of Land Management, Gordon W. Topham (telephone: 435– Restoration Initiative; BLM management Interior. 586–4497), or on the Internet at http:// actions in support of recovery efforts for SUMMARY: The Bureau of Land www.blm.gov/utah/. the Sage Grouse; BLM NV wild horse Management (BLM), Utah, Kanab Field SUPPLEMENTARY INFORMATION: This and burro gather strategy for FY2000 Office has completed an EA/FONSI for action is announced pursuant to section and beyond; collaborative BLM/Carson a proposed plan amendment to the 202(a) of the Federal Land Policy City management plan for the Silver Vermilion MFP, updating management Management Act (1976) and 43 CFR part Saddle Ranch; and other topics the of the Coral Pink Sand Dunes, Moquith council may raise. No field trip is Mountain, and surrounding area. The 1610. This proposed amendment is subject to protests by any party who has planned as part of this two day meeting. proposed plan amendment would: (1) All meetings are open to the public. participated in the planning process. Implement the Conservation Agreement The public may present written and/or and Strategy for the Coral Pink Sand Protests must be specific and contain comments to the council. The public Dunes Tiger Beetle; (2) implement the following information: comment period for the council meeting updated scientific information for —The name, mailing address, phone will be at 4 p.m. on Monday, May 1st. management of the threatened Welsh’s number, and interest of the person The agenda will be available on the milkweed; (3) implement off-highway filing the protest. internet by April 12, 2000, at vehicle (OHV) management in the area; www.nv.blm.gov/rac; hard copies can —A statement of the issue(s) being (4) implement other recreation activities also be mailed or sent via FAX. as directed by the Moquith Mountain protested. Individuals who plan to attend and WSA Management Guidance and —A statement of the part(s) of the need special assistance such as sign Schedule; (5) provide guidance for proposed amendment being protested language interpretation or other development of additional recreation and citing pages, paragraphs, maps, reasonable accommodations, or who related facilities; (6) improve public etc., of the proposed plan amendment. desire a hard copy of the agenda, should safety; and (7) coordinate management —A copy of all documents addressing contact Mark Struble, Carson City Field of the area with the State of Utah, Coral the issue(s) submitted by the protestor Office, 5665 Morgan Mill Road, Carson Pink Sand Dunes State Park. The Coral City, NV 89701, telephone (775) 885– Pink Sand Dunes and Moquith during the planning process or a reference to the date when the 6107 no later than April 19, 2000. Mountain area is located in Kane DATES & TIMES: The council will meet on County, Utah and consists of protester discussed the issue(s) for the record. Monday, May 1, 2000, from 10 a.m. to approximately 21,000 acres. 5 p.m. and Tuesday, May 2, 2000, from DATES: The 30 day protest period for the —A concise statement as to why the 8 a.m. to 3:30 p.m., in the Main proposed plan amendment will protester believes the proposed Conference Room of the BLM Carson commence with the publication of this decision of the BLM State Director is City Field Office, 5665 Morgan Mill notice. Protests must be received on or incorrect. Road, Carson City, NV 89701. Public before May 15, 2000. Robert Bennett, comment on individual topics will be ADDRESSES: Protests must be addressed received at the discretion of the Council to the Director (W–210), Bureau of Land Acting State Director, Utah. Chairperson, as meeting moderator, Management, Attn: Brenda Williams, [FR Doc. 00–9189 Filed 4–12–00; 8:45 am] with a general public comment period 1849 C Street, NW, Washington, DC BILLING CODE 4310±DQ±P on Monday, May 1, 2000, at 4 p.m.
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FOR FURTHER INFORMATION CONTACT: This plat was prepared at the request and a metes-and-bounds survey of Mark Struble, Public Affairs Officer, of the Bureau of Land Management, Tracts 38 and 39, and an informative Carson City Field Office, 5665 Morgan Arizona State Office. traverse along the center line of a dirt Mill Road, Carson City, NV 89701. These plats will immediately become road in partially surveyed T. 11 S., R. Telephone (775) 885–6107. the basic records for describing the land 84 W., Sixth Principal Meridian, Date: April 3, 2000. for all authorized purposes. These plats Colorado, Group 1262, was accepted John O. Singlaub, have been placed in the open files and February 22, 2000. are available to the public for The plat representing the entire Manager, Carson City Field Office. information only. record of the dependent resurvey of a [FR Doc. 00–9225 Filed 4–12–00; 8:45 am] 2. All inquires relation to these lands portion of the subdivisional lines and BILLING CODE 4310±HC±U should be sent to the Arizona State metes-and-bounds surveys in section 9., Office, Bureau of Land Management, T. 46 N., R. 10 W., New Mexico 222 N. Central Avenue, P.O. Box 1552, Principal Meridian, Colorado, Group DEPARTMENT OF THE INTERIOR Phoenix, Arizona 85001–1552. 1264, was accepted February 1, 2000. Bureau of Land Management These surveys were requested by the Kenny D. Ravnikar, Forest Service for administrative Chief Cadastral Surveyor of Arizona. purposes. [AZ±952±09±1420±00] [FR Doc. 00–9226 Filed 4–12–00; 8:45 am] The remonumentation of certain BILLING CODE 4310±32±P corners in T. 11 S., R. 72 W. and T. 4 Arizona State Office, 222 North Central S., R. 74 W., Sixth Principal Meridian, Avenue, Phoenix, Arizona 85004, Colorado, Group 750, was accepted Arizona; Notice of Filing of Plats of DEPARTMENT OF THE INTERIOR March 22, 2000. Survey This remonumentation was requested Bureau of Land Management April 4, 2000. by the Federal Highway Administration. The supplemental plat creating new 1. The plats of survey of the following [CO±956±99±1420±00] lot 3 from a portion of the canceled described land were officially filed in Colorado: Filing of Plats of Survey claim Last Chance of the Terrible Mine the Arizona State Office, Phoenix, Lode in the NW1⁄4 of section 20, T. 21 Arizona on the dates indicated: March 30, 2000. S., R. 70 W., Sixth Principal Meridian, A plat, in two sheets, representing the The plats of survey of the following Colorado, was accepted January 10, dependent resurvey of a portion of the described land will be officially filed in 2000. south boundary and a portion of the the Colorado State Office, Bureau of The supplemental plat creating new subdivisional lines, and the subdivision Land Management, Lakewood, lots 16, 17, 18, and 19 from previous of sections 28 and 29, Township 18 Colorado, effective 10:00 am., March 30, lots 6 and 11 in section 5., T. 13 S., R. North, Range 9 East, of the Gila and Salt 2000. All inquiries should be sent to the 90 W., Sixth Principal Meridian, River Meridian, Arizona, accepted Colorado State Office, Bureau of Land Colorado, was accepted January 31, February 3, 2000 and officially filed Management, 2850 Youngfield Street, 2000. February 16, 2000. Lakewood, Colorado 80215–7093. The supplemental plat correcting the This plat was prepared at the request The supplemental plat creating new lot numbers in sections 12 and 13, T. 51 of the United States Forest Service. lot 12 in the NW1⁄4 section 32, T. 6 S., N., R. 5 E., and sections 7 and 18, T. 51 A plat representing the corrective R. 77 W., Sixth Principal Meridian, N., R. 6 E., New Mexico Principal survey of a portion of the Hopi and Colorado, Group 1258, was accepted Meridian, Colorado, Group 1022, was Navajo Partition line in unsurveyed January 21, 2000. accepted February 22, 2000. Township 31 North, Range 12 East, of The supplemental plat creating new The plat (in three sheets) representing the Gila and Salt River Meridian, lots 28 thru 34 in T. 1 N., R. 96 W., Sixth the dependent resurvey of a portion of Arizona, accepted March 30, 2000 and Principal Meridian, Colorado, was the east boundary, portions of the officially filed April 7, 2000. accepted February 22, 2000. subdivisional lines and certain mineral This plat was prepared at the request The plat representing the subdivision claims, the subdivision of sections 9 and of the Bureau of Indian Affairs, Phoenix of a portion of section 26 and a metes- 10, and the metes-and-bounds survey of Area Office. and-bounds survey of a portion of the Tract 37, T. 49 N., R. 9 E., New Mexico A plat, in ten sheets, representing the west right-of-way of Colorado State Principal Meridian, Colorado, Group survey of the legal descriptive boundary Highway No. 9 in section 26, T. 4 S., R. 994, was accepted December 22, 1999. of the Table Top Wilderness Area in 78 W., Sixth Principal Meridian, The plat representing the dependent Townships 7 and 8 South, Ranges 1, 2, Colorado, Group 1258, was accepted resurvey of certain mineral claims in T. and 3 East, of the Gila and Salt River March 23, 2000. 15 S., R. 70 W., Sixth Principal Meridian, Arizona, accepted March 1, The plat representing a metes-and- Meridian, Colorado, Group 1202, was 2000 and officially filed March 16, 2000. bounds survey in the southwest quarter accepted December 14, 1999. This plat was prepared at the request of section 36, T. 5 S., R. 78 W., Sixth The plat representing the dependent of the Bureau of Land Management, Principal Meridian, Colorado, Group resurvey of a portion of the west Arizona State Office. 1258, was accepted March 23, 2000. boundary and portions of the A plat representing the dependent The plat representing a metes-and- subdivisional lines and a metes-and- resurvey of portions of the west bounds survey of a portion of the east bounds survey in section 7, T. 49 N., R. boundary and subdivisional lines, the right-of-way of Summit County Road 8 W., New Mexico Principal Meridian, subdivision of section 19, and a metes- No. 5, in the northwest quarter of Colorado, Group 1234, was accepted and-bounds survey in section 19, section 36, T. 6 S., R. 78 W., Sixth February 23, 2000. Township 18 South, Range 14 East, of Principal Meridian, Colorado, Group The plat representing the dependent the Gila and Salt River Meridian, 1258, was accepted March 23, 2000. resurvey of a portion of the Arizona, accepted February 16, 2000 The plat representing the dependent subdivisional lines and a metes-and- and officially filed February 25, 2000. resurvey of a portion of H.E.S. No. 305, bounds survey in section 12, T. 49 N.,
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R. 9 W., New Mexico Principal Alternatives lodging units than there are now. Traffic Meridian, Colorado, Group 1234, was Alternative 1 maintains the status quo circulation would remain the same as at accepted February 23, 2000. in Yosemite Valley, as described in present; however, one lane of Northside These surveys were requested by the Chapter 3, Affected Environment. It and Southside Drives would be Bureau of Land Management for provides a baseline from which to converted to multi-use paved trails. administrative purposes. compare other alternatives, to evaluate There would be minimal new development in mid and west Yosemite Darryl A. Wilson, the magnitude of proposed changes, and Valley, other than a traffic check station. Chief Cadastral Surveyor for Colorado. to measure the environmental effects of [FR Doc. 00–9224 Filed 4–12–00; 8:45 am] those changes. This no-action concept Planning Background BILLING CODE 4310±JB±U follows the guidance of the Council on The draft Yosemite Valley Plan/SEIS Environmental Quality, which describes was prepared pursuant to the National the no-action alternative as no change Environmental Policy Act. A Scoping DEPARTMENT OF THE INTERIOR from the current management direction Notice was published in the Federal or level of management intensity. Register on December 16, 1998. Lists of National Park Service Alternative 3 would restore general issues already raised during the approximately 200 acres to natural previous planning processes were Draft Supplemental Environmental conditions. It would consolidate parking Impact Statement for Yosemite Valley provided to the public. Scoping for day visitors in the Taft Toe area in comments were to be received by Plan, Yosemite National Park, Madera, mid Yosemite Valley. A new Valley Mono, Tuolumne, and Mariposa January 15, 1999, however based on Visitor Center would also be requests from the public; the scoping Counties, California; Notice of constructed there. There would be fewer Availability comment period was extended through campsites and lodging units than there February 1, 1999. SUMMARY: Pursuant to § 102(2)(C) of the are now. The area of the former Upper During this comment period, the NPS National Environmental Policy Act of and Lower River Campgrounds and the facilitated over 100 discussions and 1969 (Pub. L. 91–190, as amended), and Camp 6 parking area near Yosemite briefings to park staff, congressional the Council on Environmental Quality Village would be restored to riparian delegations, elected officials, public regulations (40 CFR Part 1500–1508), habitat, roads would be removed from service organizations, educational the National Park Service, Department Ahwahnee and Stoneman Meadows, institutions, and other interested of the Interior, has prepared a Draft and parking and the historic fruit trees members of the public. Nearly 600 Supplemental Environmental Impact would be removed from Curry Orchard. letters concerning the Draft YVP SEIS Statement identifying and evaluating Northside Drive would be converted to planning process were received. The five alternatives for a Yosemite Valley a trail for pedestrians and bicyclists, major issues raised during this period Plan within Yosemite National Park, without the immediate presence of are summarized in Chapter 1, Purpose California. Potential impacts, and motor vehicles, from Yosemite Lodge to of and Need for the Action. appropriate mitigations, are assessed for El Capitan Bridge. Southside Drive each alternative. When approved, the would be converted to two-way traffic Public Meetings plan will guide management actions from Taft Toe to Curry Village. In order to facilitate public review during the next 15–20 years. Alternative 4 would restore and comment on the draft Yosemite approximately 190 acres to natural Valley Plan/SEIS, the Superintendent Proposal conditions. It would consolidate parking has scheduled public meetings in the The proposed Yosemite Valley Plan for day visitors in the Taft Toe area in following California cities: San (Alternative 2—Preferred) would restore mid Yosemite Valley and in three Francisco—May 22; Sacramento—May approximately 180 acres to natural parking areas outside the Valley. A new 23; Merced—May 24; Oakland—May 25; conditions. It would consolidate parking Valley Visitor Center would also be Yosemite—May 30; Oakhurst—May 31; for day visitors at Yosemite Village, constructed at Taft Toe. There would be Mariposa—June 1; Sonora—June 2; where a new Valley Visitor Center fewer campsites and lodging units than Costa Mesa—June 5; Los Angeles—June would be located, and in parking areas there are now. The area of former Upper 6; San Diego—June 7; Mammoth—June outside Yosemite Valley. There would and Lower River Campgrounds and the 9; Fresno—June 15; San Jose—June 17. be fewer campsites and lodging units Camp 6 parking area near Yosemite The following times are for all venues than there are now. This alternative Village would be restored to riparian except San Jose. An open house will be would result in a major reduction in communities; roads would be removed conducted from 4 p.m. to 9:30 p.m and vehicle travel in the eastern portion of from Ahwahnee and Stoneman a public hearing will be held Yosemite Valley during summer Meadows; and parking would be simultaneously from 6:30 p.m to 9 p.m. months. The area of the former Upper removed from Curry Orchard. Northside A brief presentation from 6 p.m. to 6:30 and Lower River Campgrounds would Drive would be converted to a multi-use p.m. will precede the public hearing. be restored to a mosaic of meadow, paved trail for hikers and bicyclists, The San Jose open house will be from riparian, and oak woodland without the immediate presence of 11:00 a.m. to 4:30 p.m., the presentation communities, roads would be removed motor vehicles, from Yosemite Lodge to will be from 1:30 p.m. to 2 p.m. and the from Ahwahnee and Stoneman El Capitan crossover. Southside Drive public hearing will be from 2 p.m. until Meadows, and parking would be would be converted to two-way traffic 4:30 p.m. removed from Curry Orchard. Southside from Taft Toe to Curry Village. Participants are encouraged to review Drive would be converted to two-way Alternative 5 would restore the document prior to attending a traffic from El Capitan crossover to approximately 120 acres to natural meeting. Detailed information on Curry Village, and Northside Drive conditions. It would designate parking location and times for each of the public would be converted to a multi-use for day visitors at Yosemite Village and meetings will be published in local and (bicycle and pedestrian) paved trail Curry Village, and in parking areas regional newspapers several weeks in from El Capitan crossover to Yosemite outside of Yosemite Valley. There advance, broadcast via radio and Lodge. would be more campsites and fewer television stations, and listed on the
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DEPARTMENT OF JUSTICE DEPARTMENT OF JUSTICE DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decrees Notice of Lodging of Consent Decree Notice of Lodging of Consent Decrees Under the Comprehensive Pursuant to the Comprehensive Under the Comprehensive Environmental Response, Environmental Response, Environmental Response, Compensation, and Liability Act Compensation, and Liability Act Compensation, and Liability Act Notice is hereby given that on April Notice is hereby given that on March In accordance with Departmental 5, 2000, two proposed consent decrees 24, 2000, a proposed consent decree in policy, 28 CFR 50.7, notice is hereby in United States v. Greenwood Chemical United States v. Azrael et al., Action No. given that on March 31, 2000, the Company, Civ. Action No. 97–0147 WN–89–2898 (D. Md.) was lodged with United States of America, on behalf of (W.D. Va.), were lodged with the United the United States District Court for the the United States Environmental States District Court for the Western District of Maryland. Protection Agency (‘‘EPA’’), in a civil District of Virginia. In this action, the United States is action styled United States v. In this action, the United States is recovering past and future response Boomsnub, Civil Action No. 97–5719– recovering past and future response costs, pursuant to the Comprehensive FDB (W.D. Wash.), the United States costs, pursuant to the Comprehensive Environmental Response, lodged with the United States District Environmental Response, Compensation, and Liability Act Court for the Western District of Compensation, and Liability Act (‘‘CERCLA’’), 42 U.S.C. 9601 et seq. in Washington a Consent Decree with (‘‘CERCLA’’), 42 U.S.C. 9601 et seq. in connection with the Kane and Lombard defendants the Boomsnub Corporation, connection with the Greenwood Superfund Site (‘‘Site’’), located in Edward Takitch and the Estate of Jason Chemical Company Superfund (‘‘Site’’), Baltimore, Maryland. Niblett resolving the United States’ located in Albemarle County, Virginia. The consent decrees that were lodged The consent decree that was lodged claims in this action. would resolve the United States’ claims would resolve the United States’ claims The Consent Decree requires the against two of the four defendants. The against J.W. Parker & Sons (‘‘Parker’’). defendants to pay $2,064,874.88 first defendant, Albert Cereghino, will incurred by the United States on behalf Parker will pay to the United States pay $90,000 to the United States and of EPA in response to releases of $82,200, over two years, including $10,000 to the Commonwealth of hazardous substances at the Boomsnub interest, and $54,800, over two years, Virginia to resolve claims against it. The including interest, to the State of Superfund Site in Vancouver, second defendant, Greenwood Chemical Maryland to resolve claims against it. Washington. The Consent Decree also Company, will pay $1,000 to the United The consent decree includes requires the defendants to liquidate States and also will agree that the covenants not to sue by the United certain properties and pay the proceeds United States’ lien on the Site shall States under Section 107 of CERCLA. to the Superfund. remain in effect after the settlement. The Department of Justice will receive The Department of Justice will The consent decrees include for a period of thirty (30) days from the receive, for a period of thirty (30) days covenants not to sue by the United date of this publication comments from the date of this publication, States under sections 106 and 107 of relating to the proposed consent decree. comments relating to the proposed CERCLA, and under section 7003 of the Resource Conservation and Recovery Comments should be addressed to the Consent Decree. Comments should be Act (‘‘RCRA’’), 42 U.S.C. 6973. Assistant Attorney General of the addressed to the Assistant Attorney The Department of Justice will receive Environment and Natural Resources General for the Environment and for a period of thirty (30) days from the Division, P.O. Box 7611, U.S. Natural Resources Division, Department of Justice, Washington, DC 20530, and date of this publication comments Department of Justice, Washington, DC relating to the proposed consent 20044, and should refer to United States should refer to United States v. Boomsnub, DOJ Ref. #90–11–2–1018a. decrees. Comments should be addressed v. Azrael, D.J. Ref. 90–11–2–299. to the Assistant Attorney General of the The proposed consent decree may be The proposed Consent Decree may be Environment and Natural Resources examined at the Office of the United examined at the Office of the United Division, P.O. Box 7611, U.S. States Attorney, 101 W. Lombard St., States Attorney, 1010 Fifth Avenue, Department of Justice, Washington, DC Baltimore, Maryland 21201 and at U.S. Seattle, WA 98104. A copy of the 20044, and should refer to United States EPA Region III, 1650 Arch Street, proposed Consent Decree may be v. Greenwood Chemical Company , D.J. Philadelphia, Pennsylvania 19103– obtained by mail from the Consent Ref. 90–11–679. Comments may request 2029. A copy of the consent decree may Decree Library, U.S. Department of an opportunity for a public hearing in also be obtained by mail from the Justice, Environment and Natural the affected area, in accordance with Consent Decree Library, P.O. Box 7611, Resources Division, Environmental Section 7003(d) of RCRA. U.S. Department of Justice, Washington, Enforcement Section, P.O. Box 7611, The proposed consent decrees may be DC 20044–7611. In requesting a copy, Washington, DC 20044–7611. In examined at the Office of the United please enclose a check in the amount of requesting a copy please refer to the States Attorney, Thomas B. Mason $13.25 (25 cents per page reproduction referenced case and enclose a check in Building, 105 Franklin Rd., SW, Suite cost) payable to the Consent Decree the amount of $8.50 (25 cents per page One, Roanoke, VA 24011 and at U.S. Library. reproduction costs), payable to the EPA Region III, 1650 Arch Street, Consent Decree Library. Philadelphia, Pennsylvania 19103– Walker B. Smith, 2029. A copy of the consent decrees Deputy Chief, Environmental Enforcement Joel M. Gross, may also be obtained by mail from the Section, Environment and Natural Resources Chief, Environmental Enforcement Section, Consent Decree Library, P.O. Box 7611, Division. Environment and Natural Resources Division. U.S. Department of Justice, Washington, [FR Doc. 00–9154 Filed 4–12–00; 8:45 am] [FR Doc. 00–9158 Filed 4–12–00; 8:45 am] DC 20044–7611. In requesting a copy, BILLING CODE 4410±15±M BILLING CODE 4410±15±M please enclose a check in the amount of
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$13.25 (25 cents per page reproduction please refer to the referenced case and the District of Colorado, 1961 Stout cost) payable to the Consent Decree DOJ Reference Number, and enclose a Street, Suite 1200, Denver, CO 80294. A Library. check for $1.50 (6 pages at 25 cents per copy of the Decree may be obtained by page reproduction costs), made payable mail from the Consent Decree Library, Joel M. Gross, to the Consent Decree Library. P.O. Box 7611, Washington, DC 20044– Chief, Environmental Enforcement Section, 7611. In requesting a copy, please Environment and Natural Resources Division. Joel M. Gross, enclose a check in the amount of $15.75 [FR Doc. 00–9160 Filed 4–12–00; 8:45 am] Chief, Environmental Enforcement Section, for the Decree or (25 cents per page Environment and Natural Resources Division. BILLING CODE 4410±15±M reproduction cost) payable to the [FR Doc. 00–9157 Filed 4–12–00; 8:45 am] Consent Decree Library. BILLING CODE 4410±15±M DEPARTMENT OF JUSTICE Joel M. Gross, Chief, Environmental Enforcement Section, Notice of Lodging of Consent Decree DEPARTMENT OF JUSTICE Environment and Natural Resources Division. Pursuant to the Clean Air Act [FR Doc. 00–9155 Filed 4–12–00; 8:45 am] Notice of Lodging of Consent Decree BILLING CODE 4410±15±M In accordance with Departmental Under Sections 107 and 113 of the policy and 28 C.F.R. 50.7, the Comprehensive Environmental Department of Justice gives notice that Response, Compensation, and Liability DEPARTMENT OF JUSTICE on April 3, 2000, a proposed Stipulation Act and Agreed Order Concerning Notice of Lodging of Consent Decree Settlement was lodged with the United Notice is hereby given that on March Pursuant to the Comprehensive States District Court for the Eastern 14, 2000, a complaint and proposed Environmental Response, District of Michigan in the case Consent Decree (‘‘Decree’’) in United Compensation and Liability Act captioned United States v. Libra States v. the Lockheed Martin Industries, Inc. of Michigan, Case No. Corporation (D. CO.), Civil Action No. Consistent with Departmental policy, 99–73771 (E.D. Mich.). The proposed 00–S–562, was lodged with the United 28 CFR 50.7, notice is hereby given that Stipulation and Agreed Order addresses States District Court for the District of a proposed Consent Decree in United alleged violations of the Clean Air Act, Colorado. States v. Robert Odabashian, et al. was 42 U.S.C. 7401 et seq., by Libra The United States filed this action lodged with the United States District Industries, Inc. of Michigan (‘‘Libra’’) at under Sections 107 and 113 of the Court for the Western District of its institutional dry cleaning facility in Comprehensive Environmental Tennessee on March 31, 2000 (95–2361 Jackson, Michigan, and would provide Response, Compensation, and Liability G/Bre). On November 5, 1995, the for dismissal of the claims asserted in Act (‘‘CERCLA’’), 42 U.S.C. 9607 and United States filed a First Amended the Complaint in the case on terms 9613, and RCRA, 42 U.S.C. 6901 et seq. Complaint pursuant to section 107 of specified in the Stipulation and Agreed In the complaint, the United States Air the Comprehensive Environmental Order. The proposed Stipulation and Force (‘‘USAF’’) seeks, among other Response, Compensation, and Liability Agreed Order would require Libra to things, contribution from Lockheed Act of 1980 (‘‘CERCLA’’), as amended, pay the United States a $4,000 civil Martin Corporation (‘‘LMC’’) for costs against five defendants. The First penalty. incurred and to be incurred by the Amended Complaint alleges that the The Department of Justice will USAF for response actions at the PJKS defendants are liable under section 107 receive, for a period of thirty (30) days National Priorities List site in Jefferson of CERCLA for costs incurred by the from the date of the publication, County, Colorado (‘‘Site’’). United States Environmental Protection comments relating to the proposed The proposed consent decree resolves Agency during a cleanup of the Pulvair Stipulation and Agreed Order. the USAF’s CERCLA Sections 107 and Corporation Superfund Site in Comments should be addressed to the 113 claims against LMC and the Millington, Tennessee. Subsequently, Assistant Attorney General, contribution claims LMC could bring defendants filed various third-party Environment and Natural Resources against the USAF under Section complaints seeking contribution from Division, United States Department of 113(f)(1) of CERCLA, 42 U.S.C. various third-party defendants. The Justice, P.O. Box 7611, Washington, DC 9613(f)(1). The proposed decree proposed Consent Decree settles the 20044–7611, and should refer to United provides for a cash payment of $3.5 liability of three original defendants and States v. Libra Industries, Inc. of million over 10 years from LMC to the twelve third-party defendants. Under Michigan, Case No. 99–73771 (E.D. USAF and clean up services from LMC, the Consent Decree, the Settlors agree to Mich), and DOJ Reference No. 90–5–2– specified under separate agreement with reimburse the United States in the 1–06355. the USAF, that could ultimately reduce amount of $1,932,500. The proposed Stipulation and Agreed total clean up costs to the USAF by as The Department of Justice will Order may be examined at: (1) the Office much as $35.25 million. receive, for a period of thirty (30) days of the United States Attorney for the The Department of Justice will receive from the date of this publication, Eastern District of Michigan, 231 W. for a period of thirty (30) days from the comments relating to the proposed Lafayette Street, Detroit, MI 48226; and date of this publication comments Consent Decree. Comments should be (2) the United States Environmental relating to the Decree. Comments should addressed to the Assistant Attorney Protection Agency (Region 5), 77 West be addressed to the Assistant Attorney General for the Environment and Jackson Boulevard, Chicago, Illinois General of the Environment and Natural Natural Resources Division, U.S. 60604 (contact Larry Johnson (312–886– Resources Division, Department of Department of Justice, P.O. Box 7611, 6609)). A copy of the proposed Justice, Washington, DC 20530, and Washington, DC 20044; and refer to Stipulation and Agreed Order may also should refer to, United States v. the United States v. Robert Odabashian, et be obtained by mail from the Lockheed Martin Corporation (D. CO.), al., DOJ Ref. #90–11–3–1474. Department of Justice Consent Decree and D.J. Ref. #90–11–3–925/1. The proposed settlement agreement Library, P.O. Box 7611, Washington, DC The Decree may be examined at the may be examined at the Office of the 20044–7611. In requesting copies, office of the U.S. Attorneys Office for United States Attorney, Suite 410, 200
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Jefferson Avenue, Memphis, TN 38103, Foot Tanning Company, DOJ Ref. #90– District of Pennsylvania, 615 Chestnut and at the office of the Environmental 5–1–1–4497. Street, Philadelphia, PA, 12th Floor, Protection Agency, Region, 4, 61 The Consent Decree may be examined 19106 and at EPA Region III, 1650 Arch Forsyth Street, SW., Atlanta, GA 30303. at the office of the United States Street, Philadelphia, PA 19103. A copy A copy of the proposed Consent Decree Attorney, Northern District of Texas, of the proposed Consent Decree may be may be obtained in person or by mail 500 South Taylor, Suite 300, Lobby Box obtained by mail from the United States from the Department of Justice Consent 238, Amarillo, Texas 79101–2442; the Department of Justice, Consent Decree Decree Library, P.O. Box 7611, Region VI Office of the Environmental Library, P.O. Box 7611, Ben Franklin Washington, DC 20044. In requesting a Protection Agency, 1445 Ross Avenue, Station, Washington, D.C. 20044. When copy please refer to the referenced case Dallas, Texas. A copy of the Consent requesting a copy of the proposed and enclose a check in the amount of Decree may also be obtained by mail Consent Decree, please enclose a check $12.25 (25 cents per page reproduction from the Consent Decree Library, P.O. to cover the twenty-five cents per page costs), payable to the Consent Decree Box &7611, U.S. Department of Justice, reproduction costs payable to the Library. Washington, DC 20044–7611. In ‘‘Consent Decree Library’’ in the amount requesting a copy please refer to the of $8.75, and please reference to United Joel M. Gross, referenced case and enclose a check in States v. Sun Company, Inc., and Chief, Environmental Enforcement Section, the amount of $8.00 (25 cents per page Atlantic Refining and Marketing Corp., Environment and Natural Resources Division. reproduction costs), payable to the DOJ #90–5–2–1–1744A. [FR Doc. 00–9153 Filed 4–12–00; 8:45 am] Consent Decree Library. BILLING CODE 4410±15±M Joel M. Gross, Joel M. Gross, Chief, Environmental Enforcement Section, Chief, Environmental Enforcement Section, Environmental and Natural Resources DEPARTMENT OF JUSTICE Environment and Natural Resources Division. Division, Department of Justice. [FR Doc. 00–9151 Filed 4–12–00; 8:45 am] [FR Doc. 00–9152 Filed 4–12–00; 8:45 am] Notice of Lodging of Consent Decree BILLING CODE 4410±15±M BILLING CODE 4410±15±M Under the Clean Water Act In accordance with Departmental DEPARTMENT OF JUSTICE DEPARTMENT OF JUSTICE policy, 28 U.S.C. 50.7, notice is hereby given that on March 22, 2000, a Notice of Lodging of Consent Decree Notice of Lodging of Consent Decree proposed Consent Decree in United in Clean Air Act Action Under the Comprehensive, States v. S.B. Foot Tanning Company, In accordance with the Department Environmental Response, (‘‘Foot’’) Civil Action No. 2–99CV–325– Policy, 28 CFR 50.7, notice is hereby Compensation and Liability Act J, was lodged with the United States given that a Modified Consent Decree in (``CERCLA'') District Court for the Northern District United States v. Sun Company, Inc., In accordance with Departmental of Texas. and Atlantic Refining and Marketing In this action the United States sought Corp., Civil Action No. 94–CV–3246, policy, 28 CFR 50.7, notice is hereby injunctive relief and civil penalties for was lodged with the United States given that on March 24, 2000 a alleged violations of the Clean Water District Court for the Eastern District of proposed consent decree in Civil Action Act (‘‘CWA’’) and the discharge Pennsylvania on March 30, 2000. This No. 00–T–363–N was lodged with the prohibitions of the applicable Consent Decree resolves the United United States District Court for the pretreatment standards established States’ claims against defendants Sun Middle District of Alabama, Northern pursuant to section 307(b) of the CWA, Company, Inc. (now known as ‘‘Sunoco, Division. 33 U.S.C. 1317(b), namely part 425, Inc.’’) and Atlantic Refining & Marketing In this action the United states sought subpart F, Leather Tanning and Corp. for alleged violations of a Consent injunctive relief and recovery of future Finishing Point Source Category, Decree entered by the court in 1994, response costs under sections 106(a) pretreatment standards at 40 CFR resolving alleged violations of the Clean and 107 of CERCLA, 42 U.S.C. 9606(a) 425.65, at Foot’s Cactus, Texas facility. Air Act, 42 U.S.C. 7401 et seq., and 9607, with respect to the TH The Consent Decree provides for Foot’s occurring at defendants’ South Agriculture & Nutrition Superfund Site payment of a civil penalty to the United Philadelphia refinery. The Modified in Montgomery, Alabama (‘‘the Site’’). States in the amount of $510,439.60, Consent Decree requires the defendants Under a proposed consent Decree, TH requires injunctive relief to bring Foot to pay a stipulated penalty of $460,000 Agriculture & Nutrition, L.L.C, the into compliance with the Clean Water and to comply with the terms of the present owner and operator of the Site, Act, and requires Foot to implement and Modified Consent Decree. Astro Packaging Inc., the present owner complete two Supplemental The Department of Justice will accept and former operator, Elf-Atochem North Environmental Projects (‘‘SEPs’’) costing written comments on the proposed America Inc., and Industrial Chemicals in the aggregate $864,000 in capital Modified Consent Decree for thirty (30) Inc., former owner and operators of the costs and $12,500 in annual operations days from the date of publication of this Site, have agreed to perform the remedy and maintenance costs. notice. Please address comments to the chosen by EPA to clean up the Site, pay The Department of Justice will Assistant Attorney General, the government’s future response costs receive, for a period of thirty (30) days Environmental and Natural Resources in settlement of the government’s claims from the date of this publication, Division, Department of Justice, P.O. under Sections 106 and 107 of CERCLA, comments relating to the proposed Box 7611, Ben Franklin Station, 42 U.S.C. 9606 and 9607. Consent Decree. Comments should be Washington, D.C. 20044 and refer to The Department of Justice will addressed to the Assistant Attorney United States v. Sun Company, Inc., receive, for a period for thirty (30) days General for the Environment and and Atlantic Refining and Marketing from the date of this publication, Natural Resources Division, P.O. Box Corp., DOJ #90–5–2–1–1744A. comments relating to the proposed 7611, U.S. Department of Justice, Copies of the proposed Consent consent decree. Comments should be Washington, DC 20044–7611, and Decree may be examined at the Office of addressed to the Assistant Attorney should refer to United States v. S.B. the United States Attorney, Eastern General for the
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Environment and Natural Resources 2. Sugar Camp Coal, LLC 5. Webster County Coal, LLC Division, Department of Justice, [Docket No. M–2000–021–C] [Docket No. M–2000–024–C] Washington, DC 20044–7611, and Webster County Coal, LLC, 2668 Sugar Camp Coal, LLC, 1055 Barrett should refer to United States v. TH Street, Rt. 120 E., Providence, Kentucky Cemetery Road, Equality, Illinois 62934 Agriculture & Nutrition, L.L.C Elf 42450 has filed a petition to modify the has filed a petition to modify the Atochem North America Inc., Industrial application of 30 CFR 75.333 Chemicals Inc., and Astro Packaging, application of 30 CFR 75.350 (air (ventilation controls) to its Dotiki Mine Inc. (M.D. AL), DOJ # 90–1–3–1426/1. courses and belt haulage entries) to its (I.D. No. 15–02132) located in Webster The proposed consent decree may be Willow Lake Mine (I.D. No. 11–03054) County, Kentucky. The petitioner examined at the Office of the United located in Saline County, Illinois. The requests a modification of the standard petitioner requests a modification of the States Attorney, Montgomery, Alabama, to permit a temporary stopping in the standard to allow air coursed through the Region 4 Office of the return stopping line, outby the section belt haulage entries to be used to Environmental Protection Agency, 61 tailpiece, for a short period of time prior ventilate active working places. The Forsyth Street, Atlanta, Georgia 30303, to the section moving from entries to petitioner proposes to install a low-level and at the Consent Decree Library, Post rooms instead of using a permanent type carbon monoxide detection system in stopping. The petitioner asserts that the Office Box 7611, Washington, DC the supply road with branches extended 20044–7611. A copy of the proposed proposed alternative method would to the belt line at certain locations as an provide at least the same measure of consent decree may be obtained by mail early warning fire detection system. The from the Consent Decree Library, Post protection as the mandatory standard petitioner asserts that the proposed and that application of the existing Office Box 7611, Washington, DC alternative method would provide at 20044–7611. In requesting a copy please standard will result in a diminution of least the same measure of protection as safety to the miners. refer to the referenced case and enclose the mandatory standard. a check in the amount of 25 cents per 6. West Ridge Resources, Inc. 3. Black Beauty Coal Company page for reproduction costs, payable to [Docket No. M–2000–025–C] the Consent Decree Library. [Docket No. M–2000–022–C] West Ridge Resources, Inc., P.O. Box Joel M. Gross, Black Beauty Coal Company, P.O. Box 902, Price, Utah 84501 has filed a Chief, Environmental Enforcement Section, 176, Wheatland, Indiana 47597 has filed petition to modify the application of 30 Environment and Natural Resources Division. a petition to modify the application of CFR 75.1909(b)(6) (nonpermissible [FR Doc. 00–9159 Filed 4–12–00; 8:45 am] 30 CFR 75.1909(b)(6) (nonpermissible diesel-powered equipment; design and performance requirements) to its West BILLING CODE 4410±15±M diesel-powered equipment; design and performance requirements) to its Air Ridge Mine (I.D. No. 42–02233) located Quality Mine (I.D. No. 12–02010) in Carbon County, Utah. The petitioner located in Knox County, Indiana. The proposes to install devices such as gear DEPARTMENT OF LABOR petitioner proposes to limit the lock-outs on its diesel grader to limit the minimum speed of the grader to less speed to a maximum of 10 miles per Mine Safety and Health Administration than 10 mph, provide training for the hour when the grader is operating in an grader operators on lowering the underground coal mine or on the Petitions for Modification moldboard for additional stopping surface of an underground coal mine, capability in emergency situations, and and provide training to every miner who The following parties have filed on recognizing the appropriate speeds to operates the grader on the proper petitions to modify the application of use on different roadway conditions and techniques for lowering the blade to mandatory safety standards under slopes, instead of installing front wheel restrict the speed and to stop the grader, section 101(c) of the Federal Mine brakes on its ‘‘Getman’’ six-wheeled on the proper gear selection for grading, Safety and Health Act of 1977. grader. The petitioner asserts that the and on the proper speed for grading. The petitioner asserts that the proposed 1. Energy Fuels Coal, Inc. proposed alternative method would provide at least the same measure of alternative method would provide at [Docket No. M–2000–020–C] protection as the mandatory standard. least the same measure of protection as the mandatory standard. Energy Fuels Coal, Inc., P.O. Box 459, 4. Crystal Fuels Company 1190 County Rd 92, Florence, Colorado 7. Andalex Resources, Inc. 91226 has filed a petition to modify the [Docket No. M–2000–023–C] [Docket No. M–2000–026–C] application of 30 CFR 75.1909(1) Crystal Fuels Company, P.O. Box 722, Andalex Resources, Inc., P.O. Box (nonpermissible diesel-powered Matewan, West Virginia 25678 has filed 902, Price, Utah 84501 has filed a equipment; design and performance a petition to modify the application of petition to modify the application of 30 requirements) to its Southfield Mine 30 CFR 75.1103 (automatic fire warning CFR 75.1909(b)(6) (nonpermissible (I.D. No. 05–03455) located in Fremont devices) to its No. 1 Mine (I.D. No. 46– diesel-powered equipment; design and County, Colorado. The petitioner 03408) located in Mingo County, West performance requirements) to its proposes to use a diesel engine to power Virginia. The petitioner proposes to Aberdeen Mine (I.D. No. 42–02028) and its genset. The petitioner proposes to install a low-level carbon monoxide its Pinnacle Mine (I.D. No. 42–01474) use the diesel-powered genset to move detection system in all belt entries as an both located in Carbon County, Utah. equipment from section to section, and early warning fire detection system The petitioner proposes to install to power a roof bolter used in roof instead of using a monitoring systems devices such as gear lock-outs on its rehabilitation in remote areas of the that identify each belt flight. The diesel grader in order to limit the speed mine. The petitioner asserts that the petitioner asserts that the proposed to a maximum of 10 miles per hour proposed alternative method would alternative method would provide at when the grader is operating in an provide at least the same measure of least the same measure of protection as underground or on the surface of an protection as the mandatory standard. the mandatory standard. underground coal mine, and provide
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NATIONAL SCIENCE FOUNDATION 635, National Science Foundation, 4201 NATIONAL SCIENCE FOUNDATION Wilson Boulevard, Arlington, VA 22230. Special Emphasis Panel in Advanced Telephone: (703) 306–1480. Special Emphasis Panel in Civil and Computational Infrastructure and Purpose of Meeting: To provide advice and Mechanical Systems; Notice of Research; Notice of Meeting recommendations concerning proposals Meeting submitted to NSF for financial support In accordance with the Federal Agenda: To review and evaluate In accordance with the Federal Advisory Committee Act (Pub. L. 92– Biocomplexity: Special Competition Advisory Committee Act (Pub. L. 92– 463, as amended), the National Science proposals as part of the selection process for 463, as amended), the National Science Foundation announces the following awards. Foundation announces the following meeting: Reason for Closing: The proposals being meeting: reviewed include information of a Name: Special Emphasis Panel in proprietary or confidential nature, including Name: Special Emphasis Panel in Civil and Mechanical Systems (1205). Advanced Computational Infrastructure & technical information; financial data, such as Date and Time: May 8, 2000 and May 9, Research (1185) salaries; and personal information 2000, 8 a.m. to 5 p.m. Date and Time: April 19, 2000—8:30 a.m.– concerning individuals associated with the 5 p.m. Place: NSF, 4201 Wilson Boulevard, Room proposals. These matters are exempt under 5 Place: Rm. 1150, NSF, 4201 Wilson 530 and 580, Arlington, Virginia 22230. U.S.C. 552b(c), (4) and (6) of the Government Boulevard, Arlington, VA. Type of Meeting: Closed. in the Sunshine Act. Type of Meeting: Closed Contact Person: Dr. Joy Paushcke, Program Contact Person: Dr. Stephen Elbert, Dated: April 6, 2000. Director, National Earthquake Engineering Program Director, Partnerships for Advanced Karen J. York, Simulation Program, Room 545, (703) 306– Computational Infrastructure Program, 1361. Committee Management Officer. Directorate for Computer and Information Purpose of Meeting: To provide advice and Science and Engineering, Room 1122, [FR Doc. 00–9201 Filed 4–12–00; 8:45 am] recommendations concerning proposals National Science Foundation, 4201 Wilson BILLING CODE 7555±01±M submitted to NSF for financial support. Boulevard, Arlington, VA 22230, (703) 306– Agenda: To review and evaluate 1963. nominations for the FY’00 National Purpose of Meeting: To provide NATIONAL SCIENCE FOUNDATION Earthquake Engineering Simulation Review recommendations and advice concerning Panel proposals as part of the selection TeraScale Proposals submitted to NSF for Special Emphasis Panel in Chemical process for awards. funding. Reason for Closing: The proposals being and Transport Systems; Notice of reviewed include information of a Agenda: To review and evaluate TeraScale Meeting Proposals as part of the selection process for proprietary or confidential nature, including awards. technical information; financial data, such as Reason for Closing: The proposals being In accordance with the Federal salaries and personal information concerning reviewed include information of a Advisory Committee Act (Pub. L. 92– individuals associated with the proposals. proprietary or confidential nature, including 463, as amended), the National Science These matters are exempt under 5 U.S.C. technical information; financial data, such as Foundation announces the following 552b(c)(4) and (6) of the Government in the salaries; and personal information meeting: Sunshine Act. concerning individuals associated with the Name: Special Emphasis Panel in Dated: April 10, 2000. proposals. If discussions are open to the Chemical and Transport Systems (1190). Karen J. York, public, these matters that are exempt under Date and Time: May 24, 2000, 8 a.m. to Committee Management Officer. 5 U.S.C. 552b(c), (4) and (6) of the Government in the Sunshine Act would be 4:30 p.m. [FR Doc. 00–9205 Filed 4–12–00; 8:45 am] improperly disclosed. Place: National Science Foundation, 4201 BILLING CODE 7555±01±M Wilson Boulevard, Room 110, Arlington, VA Dated: April 6, 2000. 22230 Karen J. York, Type of Meeting: Closed. NATIONAL SCIENCE FOUNDATION Contact Person: Dr. Geoffrey Prentice, Committee Management Officer. Program Director, Kinetics, Catalysis & Advisory Panel for Developmental [FR Doc. 00–9199 Filed 4–12–00; 8:45 am] Molecular Processes, Division of Chemical Mechanisms; Notice of Meeting BILLING CODE 7555±01±M and Transport Systems (CTS), Room 525, (703) 306–1371. In accordance with the Federal Purpose of Meeting: To provide advice and Advisory Committee Act (Pub. L. 92– NATIONAL SCIENCE FOUNDATION recommendations concerning proposals 463, as amended), the National Science submitted to NSF for financial support. Foundation (NSF) announces the Special Emphasis Panel in Biological Agenda: To review progress on the FY following meeting. Sciences; Notice of Meeting 1999 XYZ on a Chip Grants and to discuss emerging areas in the field. Name: Advisory Panel for Developmental In accordance with the Federal Reason for Closing: The proposals being Mechanisms (1141) Advisory Committee Act (Pub. L. 92– reviewed include information of a Date/Time: April 26–28, 2000, 8:30 a.m.— 5 p.m. 463, as amended), the National Science proprietary or confidential nature, including Place: NSF, Room 360, 4201 Wilson Blvd., Foundation announces the following technical information; financial data, such as Arlington, VA salaries and personal information concerning meeting: Type of Meeting: Part-open individuals associated with the proposals. Name: Special Emphasis Panel in Contact Persons: Dr. Judity Plesset and Dr. These matters are exempt under 5 U.S.C. Biological Sciences (1754). Susan Singer, Program Directors, Date/Time: June 14–916, 2000; 8 a.m.–5 552b(c)(4) and (6) of the Government in the Developmental Mechanism, Division of p.m. Sunshine Act. Integrative Biology and Neuroscience, Suite Place: National Science Foundation, 4201 Dated: April 10, 2000. 685, National Science Foundation, 4201 Wilson Boulevard, Room 310, 320, 330, 360, Karen J. York, Wilson Boulevard, Arlington, VA 22230, 365 and 370, VA 22230. Telephone: (703) 306–1417 Committee Management Officer. Type of Meeting: Closed. Purpose of Meeting: To provide advice and Contact Person: Dr. Joann Roskoski, [FR Doc. 00–9203 Filed 4–12–00; 8:45 am] recommendations concerning proposals Division of Environmental Biology, Room BILLING CODE 7555±01±M submitted to NSF for financial support.
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Minutes: May be obtained from the contact Dated: April 6, 2000. Purpose of Meeting: To provide advice and person listed above. Karen J. York, recommendations concerning proposals Agenda: Open Session: April 28th, 2000; 9 Committee Manager Officer. submitted to NSF for financial support. a.m. to 10 a.m.—discussion on research [FR Doc. 00–9197 Filed 4–12–00; 8:45 am] Agenda: Review and evaluate **Regular trends, opportunities and assessment Research** proposals as part of the selection BILLING CODE 7555±01±M procedures in Integrative Biology and process for awards. Neuroscience with Dr. Mary Clutter, Reason for Closing: The proposals being Assistant Director, Directorate for Biological NATIONAL SCIENCE FOUNDATION reviewed include information of a Sciences. proprietary or confidential nature, including Closed Session: April 26th, 2000, 8:30 a.m. Special Emphasis Panel in Electrical technical information; financial data, such as to 6 p.m.; April 27th, 2000, 8:30 a.m. to 6 salaries; and personal information p.m.; April 28th, 2000, 8:30 a.m. to 9 a.m. and Communications Systems; Notice concerning individuals associated with the and 10 a.m. to 5 p.m. To review and evaluate of Meeting proposals. These matters are exempt under 5 the Ecological & Evolutionary Physiology In accordance with the Federal proposals as part of the selection process for U.S.C.552b(c),(4) and (6) of the Government Advisory Committee Act (Pub. L. 92– in the Sunshine Act. awards. 463, as amended), the National Science Reason for Closing: The proposals being Foundation announces the following Dated: April 6, 2000. reviewed include information of a Karen J. York, proprietary or confidential nature, including meeting: technical information; financial data, such as Name: Special Emphasis Panel in Committee Management Officer. salaries; and personal information Electrical and Communications Systems [FR Doc. 00–9194 Filed 4–12–00; 8:45 am] concerning individuals associated with the (1196). BILLING CODE 7555±01±M proposals. These matters are exempt under 5 Dates: April 21, 2000; 8:30 a.m.–5 p.m. U.S.C. 552b(c), (4) and (6) of the Government Place: Room 390, National Science in the Sunshine Act. Foundation, 4201 Wilson Boulevard, NATIONAL SCIENCE FOUNDATION Arlington, VA. Dated: April 10, 2000. Type of Meeting: Open. Advisory Committee for Engineering: Karen J. York, Contact Person: Dr. Marija Ilic, Program Notice of Meeting Committee Management Officer. Director, Control, Networks, and [FR Doc. 00–9204 Filed 4–12–00; 8:45 am] Computational Intelligence (CNCI), 4201 Wilson Boulevard, Room 675, Arlington, In accordance with the Federal BILLING CODE 7555±01±M Virginia 22230, Phone 703–306–1339. Advisory Committee Act (Pub. L. 92– Minutes: May be obtained from the contact 463, as amended) the National Science person listed above. Foundation announces the following NATIONAL SCIENCE FOUNDATION Purpose of Meeting: To provide advice and meeting. recommendations concerning research and Earth Sciences Proposal Review education agenda for Electric Power Systems. Name: Advisory Committee for Panel; Notice of Meeting Agenda: Identify key research and Engineering (#1170) education areas of critical relevance for Date/Time: May 9, 2000; 1 p.m.–5 p.m.;, In accordance with the Federal electric power industry. May 10, 2000; 8:30 a.m.–5 p.m. Advisory Committee Act (Pub. L. 92– Place: Room 1235 (National Science Board 463, as amended), the National Science Dated: April 6, 2000. Meeting Room), National Science Foundation announces the following Karen J. York, Foundation, 4201 Wilson Boulevard, meeting. Committee Management Officer. Arlington, VA. Type of Meeting: Open Name: Earth Sciences Proposal Review [FR Doc. 00–9195 Filed 4–12–00; 8:45 am] Panel (1569). BILLING CODE 7555±01±M Contact Person: Dr. Elbert L. Marsh, Date/Time: May 3–5, 2000, 8:00 a.m. to Deputy Assistant Director for Engineering, 6:00 p.m. National Science Foundation, Suite 505, Place: IRIS Data Management Center, NATIONAL SCIENCE FOUNDATION 4201 Wilson Boulevard, Arlington, VA Seattle Washington. 22230; Telephone: (703) 306–1301; email: Type of Meeting: Closed. Special Emphasis Panel in Electrical [email protected]. For easier building access, Contact Person: Dr. Daniel F. Weill, and Communications Systems; Notice individuals planning to attend should Program Director, Instrumentation & of Meeting contact Maxine Byrd at 703–306–1300 or at Facilities Program, Division of Earth [email protected] so that your name can be In accordance with the Federal Sciences, Room 785, National Science added to the building access list. Advisory Committee Act (Pub. Law 92– Foundation, 4201 Wilson Blvd., Arlington, Minutes: May be obtained from the contact VA 22230; Telephone: (703) 306–1558. 463, as amended), the National Science person listed above. Purpose of Meeting: To provide advice and Foundation announces the following Purpose of Meeting: To provide advice, recommendations concerning proposals meeting: recommendations and counsel on major goals submitted to NSF for financial support. Name: Special Emphasis Panel in and policies pertaining to Engineering Agenda: To review and evaluate Electrical and Communications systems programs and activities. Instrumentation & Facilities proposals as part (1196) Agenda: The principal focus of the of the selection process for awards. Dates: April 27–28, 2000; 8:30 a.m.–5 p.m. forthcoming meeting will be on strategic Reason for Closing: The proposals being Place: Room 730, National Science issues, both for the Directorate and the reviewed include information of a Foundation, 4201 Wilson Boulevard, Foundation as a whole. proprietary or confidential nature, including Arlington, VA. technical information; financial data, such as Type of Meeting: Closed. Dated: April 6, 2000. salaries; and personal information Contact Person: Dr. Paul Werbos, Program Karen J. York, concerning individuals associated with the Director, Control, Networks, and Committee Management Officer. proposals. These matters are exempt under 5 Computational Intelligence (CNCI), 4201 U.S.C. 552b(c), (4) and (6) of the Government Wilson Boulevard, Room 675, Arlington, [FR Doc. 00–9192 Filed 4–12–00; 8:45 am] in the Sunshine Act. Virginia 22230, Phone 703–306–1339. BILLING CODE 7555±01±M
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NATIONAL SCIENCE FOUNDATION support for research, education, and human NATIONAL SCIENCE FOUNDATION resources development in the geosciences. Special Emphasis Panel in Engineering Special Emphasis Panel in Human Agenda: Education and Centers; Notice of Resource Development; Notice of Meeting Environmental Initiative Information Meeting Technology Research Initiative In accordance with the Federal GPRA Update In accordance with the Federal Advisory Committee Act (Pub. L. 92– GEO Education, Human Resources and Advisory Committee Act (Pub. L. 92– 463, as amended), the National Science Diversity 463, as amended), the National Science Foundation announces the following GEO 2000 and future issues. Foundation announces the following meeting: Note: A detailed agenda will be posted on meeting. Name: Special Emphasis panel in the NSF web page approximately one week Name: Committee of Visitors for the Engineering Education and Centers (173) prior to the meeting on http:// Division of Human Resource Developments Date and Time: May 15 & 16, 2000, 8:30 www.geo.nsf.gov/adgeo/advcomm/start.htm Program of Gender Equity (PGE) in SMET AM–5:30 PM and Program for Persons with Disabilities (PPD) Place: National Science Foundation, Room Dated: April 6, 2000. 310, 4201 Wilson Blvd, Arlington, VA Date and Time: Wednesday, May 3rd, Type of Meeting: Closed Karen J. York, 2000, 8:30 am—5:30 pm, Room 830 (Open); Contact persons: Dr. Ernest T. Smerdon, Committee Management Officer. Thursday, May 4th, 2000, 8:30 am–1 pm, Senior Education Associate, Engineering, [FR Doc. 00–9198 Filed 4–12–00; 8:45 am] Room 830 (Open); Thursday, May 4th, 2000, Education and Centers Division, National 1 pm–3:30 pm (Closed); Thursday, May 4th, BILLING CODE 7555±01±M Science Foundation, Room 585, 4201 Wilson 2000, 3:30 pm–5:30 pm (Open). Blvd., Arlington, VA 22230. (703) 306–1380 Place: 4201 Wilson Boulevard, Rooms 830, Purpose of Meeting: To provide advice and Arlington, VA 22230. recommendations concerning proposals NATIONAL SCIENCE FOUNDATION Type of Meeting: Part Open (see agenda, submitted to NSF for financial support. below) Agenda: To review and evaluate proposals Special Emphasis Panel for Contact Person: Drs. Lawrence Scadden, Margrete S. Klein and Ruta Sevo, Human submitted to the Action Agenda Program as Geosciences; Notice of Meeting Resource Development Division, Room 815, part of the selection process for awards. National Science Foundation, 4201 Wilson Reason for Closing: The proposals being In accordance with the Federal Boulevard, Arlington, VA 22230 Telephone: reviewed include information of a Advisory Committee Act (Pub. L. 92– (703) 306–1637. proprietary or confidential nature, including 463, as amended), the National Science Purpose of Meeting: To carryout a technical information; financial data, such as Foundation announces the following Committee of Visitors (COV), review of the salaries; and personal information meeting: PGE and PPD programs over the past three concerning individuals associated with the fiscal years, including program evaluation, proposals. These matters are exempt under 5 Name: Special Emphasis Panel for examination of decisions on proposals, U.S.C. 552b. (c), (4) and (6) of the Geosciences (1756) reviewer comments, and to access other Government in the Sunshine Act. Date/Time: May 2, 2000; 8:30 a.m. to 5:30 privileged information. Agenda: Wednesday, May 3rd, 2000, Dated: April 6, 2000. p.m. Place: Room 770, National Science 8:30am–5:30pm, Room 830 (Open) Thursday, Karen J. York, Foundation, 4201 Wilson Boulevard, May 4th, 2000, 8:30 am–1 pm, Room 830 Committee Management Officer. Arlington, VA 22230 (Open) Thursday, May 4th, 2000, 1 pm–3:30 pm, Closed review of privileged documents [FR Doc. 00–9200 Filed 4–12–00; 8:45 am] Type of Meeting: Closed Thursday, May 4th, 2000, 3:30 pm–5:30 pm, BILLING CODE 7555±01±M Contact Person: Ms. Robin Reichlin, Open discussions on the impact of projects Program Director, Geophysics Program, funded and an evaluation of the programs. Division of Earth Sciences, Room 785, Session is open to meet requirements of NATIONAL SCIENCE FOUNDATION National Science Foundation, Arlington, VA Government Performance and Results Act 22230, (703) 306–1556. (GPRA). Advisory Committee for Geosciences; Purpose of Meeting: To provide advice and Reason for Closing: During the closed Notice of Meeting recommendations concerning proposals session, the COV will be reviewing proposal submitted to NSF for financial support. actions that will include privileged In accordance with the Federal intellectual property and personal Agenda: To review and evaluate Advisory Committee Act (Pub. Law 92– information that could harm individuals if 463, as amended), the National Science cooperative studies of the earth’s deep they were disclosed. Such deliberation are Foundation announces the following interior proposals as part of the selection exempt under 5 U.S.C. 552b(c), (4) and (6) of meeting: process for awards. the Government in the Sunshine Act. Reason for Closing: The proposals being Dated: April 10, 2000. Name: Advisory Committee for reviewed include information of a Geosciences (1755) proprietary or confidential nature, including Karen J. York, Dates: May 1, 2000; 8:30 a.m.—5:30 p.m. Committee Management Officer. May 2, 2000; 8:00 a.m.—3:30 p.m. technical information; financial data, such as [FR Doc. 00–9202 Filed 4–12–00; 8:45 am] Place: Room 1235, National Science salaries; and personal information Foundation, 44201 Wilson Boulevard, concerning individuals associated with BILLING CODE 7555±01±M Arlington, VA proposals. These matters are exempt under 5 Type of Meeting: Open U.S.C. 552b(c), (4) and (6) of the Government Contact Person: Dr. Thomas Spence, in the Sunshine Act. NATIONAL SCIENCE FOUNDATION Directorate for Geosciences, National Science Foundation, Suite 705, 4201 Wilson Dated: April 6, 2000. Advisory Panel for Systematic and Boulevard, Arlington, Virginia 22230, Phone Karen J. York, Population Biology; Notice of Meeting 704–306–1502 Minutes: May be obtained from the contact Committee Management Officer. In accordance with the Federal person listed above. [FR Doc. 00–9196 Filed 4–12–00; 8:45 am] Advisory Committee Act (Pub. L. 92– Purpose of Meeting: To provide advice, BILLING CODE 7555±01±M 463, as amended), the National Science recommendations, and oversight concerning Foundation announces the following
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130 please submit your comments no design, development, and In addition, in late 1997, a lawsuit later than Friday, May 19, 2000. Each implementation of information systems. was filed against several agencies Department and agency should submit a CIOs also monitor and evaluate system (Public Citizen v. Raines) alleging that single coordinated set of comments. performance and advise agency heads to they had not complied with the ADDRESSES: We welcome electronic modify or terminate those systems. The requirements in the PRA and FOIA for comments and will include them as part Clinger-Cohen Act also directs agencies agencies to inventory their information of the official record. Please send to work together towards the common systems. During the course of the comments electronically to: A– goal of using information technology to litigation, which is ongoing, the [email protected]. You may address improve the productivity, effectiveness, argument was advanced by the plaintiff hardcopy comments to: Information and efficiency of Federal programs and that Congress in the 1995 revisions to Policy and Technology Branch, Office of to promote an interoperable, secure, and the PRA required agencies to maintain Information and Regulatory Affairs, shared government wide information an inventory of all of their information Office of Management and Budget, resources infrastructure. systems, rather than only their major Room 10236 New Executive Office To provide agencies with additional information systems. OMB responded Building, Washington, DC 20503. guidance on implementing the Clinger- by expressing its view that, in revising Electronic Availability: This Cohen Act, OMB proposes to revise the PRA in 1995, Congress did not document is available on the Internet at Circular No. A–130, ‘‘Management of require agencies to inventory all of their the OMB web site, http:// Federal Information Resources’’ (61 FR information systems. Instead, consistent www.whitehouse.gov/omb/fedreg/ 6428 February 20, 1996), which with the PRA as originally enacted in index.html and at the CIO Council home contains the policy framework for the 1980 and amended in 1986, Congress in page at http://cio.gov. You can also management of Federal information 1995 continued to require an agency to obtain a copy of OMB Circular No. A– resources. OMB has issued previous inventory its ‘‘major’’ information 11, including the supplement to Part 3, guidance regarding the Clinger-Cohen systems. This legislative intent is ‘‘The Programming Guide,’’ at the OMB Act implementation, including; OMB reflected in Section 3511(a) of the 1995 web site and the CIO Council web site, Memoranda M–96–20, ‘‘Implementation PRA (which requires an inventory of an or by calling the Budget Review and of the Information Technology agency’s major information systems) Concepts Division at OMB at 202–395– Management Reform Act of 1996;’’ M– and also in Section 3506(b)(4), which 3172. 97–02, ‘‘Funding Information Systems cross-references that requirement in FOR FURTHER INFORMATION CONTACT: Investments;’’ M–97–09, ‘‘Interagency Section 3511. A continuing PRA focus Tony Frater, Information Policy and Support for Information Technology;’’ on the agency’s ‘‘major’’ information Technology Branch, Office of M–97–15, ‘‘Local Telecommunications systems is also consistent with the later- Information and Regulatory Affairs, Services Policy;’’ M–97–16, enacted 1996 E–FOIA Amendments, in Office of Management and Budget, ‘‘Information Technology which Congress required agencies to Room 10236, New Executive Office Architectures’’. Upon issuance of final make available to the public their Building, Washington, DC 20503. revisions to the Circular, OMB will inventories of major information Telephone: (202) 395–3785. rescind those Memoranda. Future systems. SUPPLEMENTARY INFORMATION: revisions to A–130 will incorporate Finally, in terms of the agency’s other related OMB guidance, including activities in managing its information Background issuances on computer security and resources, which is the overall subject of The Clinger-Cohen Act (also known as agency use of electronic transactions. Section 3506(b), OMB believes that an ‘‘Information Technology Management Since the last revision of this Circular, agency needs to focus its management Reform Act of 1996’’) (Public Law 104– Congress passed, and the President attention on its ‘‘major’’ information 106, Division E, codified at 40 U.S.C. signed into law, the Electronic Freedom systems, and for this reason an Chapter 25) grants to the Director of the of Information Act Amendments (Public inventory that includes those major Office of Management and Budget Law 104–231). Among other changes, systems (but not all systems) makes the (OMB) various authorities for overseeing the E–FOIA Amendments added a new most sense for improving agency the acquisition, use, and disposal of subsection (g) to the FOIA, which management. Therefore, in addition to information technology by the Federal reinforces the preexisting requirement reflecting the passage of the E–FOIA government, so as to improve the in the Paperwork Reduction Act for Amendments, the proposed revisions to productivity, efficiency, and agencies to maintain an inventory of Section 9 also make clearer the agencies’ effectiveness of Federal programs. It their major information systems and an obligations under the PRA and FOIA in supplements the information resources information locator service. The E–FOIA this area. These revisions reiterate the management (IRM) policies contained in Amendments also require agencies to pre-existing requirement in Section 9 for the Paperwork Reduction Act (PRA) (44 maintain a handbook that explains how each agency to maintain an inventory of U.S.C. Chapter 35) by establishing a persons may obtain public information its major information systems (these comprehensive approach to improving from the agency pursuant to the FOIA systems may be electronic or paper—the the acquisition and management of and the PRA. Additional text has been Circular’s definition of ‘‘major agency information systems through added to this provision in Section 9 to information systems’’ is format neutral). work process redesign, and by linking reflect the enactment of the E–FOIA The revisions also clarify that each planning and investment strategies to Amendments. Also, Appendix IV has agency, under Section 3506(b)(4) of the the budget process. been amended to incorporate the PRA, needs to maintain as well an The Clinger-Cohen Act establishes guidance that OMB issued to agencies in inventory of its other ‘‘information clear accountability for IRM activities by April 1998 on implementing the E– resources’’ (such as personnel and creating agency Chief Information FOIA’s handbook requirement (OMB funding) at the level of detail that the Officers (CIOs) with the authority and Memorandum M–98–09). When this agency’s managers believe is most management responsibility necessary to guidance is incorporated into the appropriate for them to use in their advise agency heads. Among other Circular, OMB will rescind the 1998 management of the agency’s information responsibilities, CIOs oversee the Memorandum. resources.
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What Sections of Circular No. A–130 processes, as discussed in OMB Circular technology issues affecting the Federal Are Proposed for Revision? A–11, Sec 210.8. This new section government. Section 3. Authorities. This section is outlines three components: selection, Subsection 9c(1), Department of amended to cite, and to incorporate control, and evaluation. It is also Commerce, is supplemented to reflect changes necessitated by the Clinger- stresses the need to redesign work that agencies and the Chief Information Cohen Act, the Government processes before making significant Officers Council will make Performance and Results Act (GPRA), investments in automation, and the recommendations, as appropriate, to the and Executive Order 13011. need to evaluate commercial off-the- Secretary of Commerce regarding Section 5. Background. A discussion shelf ‘‘COTS’’ software as part of the standards development. of the basic principles and goals of the capital planning process. Additionally, Subsection 9e, General Services Clinger-Cohen Act is added. this section contains revisions that Administration (GSA), is changed to Section 6. Definitions. The terms incorporate requirements for IT reflect that with the enactment of the ‘‘Chief Information Officers Council’’ accessibility by persons with disabilities Clinger-Cohen Act, GSA will no longer and ‘‘Information Technology Resources that had previously resided in the perform policy and oversight functions. Federal Information Resource Board’’ are introduced to reflect the GSA will continue to provide services, Management Regulations (FIRMR, 41 interagency support structures training, and assistance as requested by CFR 201). the agencies and OMB. established by Executive Order 13011. Section 8b(2), previously 8b(4), is The term ‘‘executive agency’’ is Subsection 9h, Office of Management assigned a new heading ‘‘What is an and Budget, is changed to reflect that introduced to reflect the definition ITA.’’ This section is modified, and found in the Clinger-Cohen Act. The OMB will provide guidance to the includes relevant concepts from the Boards established by Executive Order term ‘‘information technology’’ is previous section. Section 8b(3), amended to reflect definitional changes 13011, and may from time to time previously 8b(5), is modified to promote designate executive agents for made by the Clinger-Cohen Act, and is the structuring of major information supplemented by the limiting term government-wide procurement of systems into modules that will reduce information technology. ‘‘national security system’’ to clearly risk, promote flexibility and Accordingly, Circular No. A–130 (61 identify those systems to which the interoperability, increase accountability, FR 6428, February 20, 1996) is proposed Circular applies. The term ‘‘capital and better match mission needs with to be amended as set forth below. planning and investment control current technology and market process’’ is introduced to assist agencies conditions. John T. Spotila, in the reporting requirements of the Section 9. Assignment of Administrator, Office of Information and Clinger-Cohen Act. Responsibilities. Regulatory Affairs. Section 7. Basic Considerations and Subsection 9a, All Federal Agencies, Assumptions. The existing basic is changed to reflect the new Chief Proposed Amendments to OMB considerations and assumptions are Information Officer (CIO) position Circular No. A–130 supplemented with a modified created by the Clinger-Cohen Act, and 1. Section 3, ‘‘Authorities,’’ is revised subsection (i) and new subsection (r) to reflects developments since the Circular to read as follows: reflect the relevant goals and purposes was last revised in February 1996.. A of the Clinger-Cohen Act and Executive 3. Authorities: This Circular is issued new subsection 9a(3) is inserted to pursuant to the Paperwork Reduction Act Order 13011. reflect CIO responsibilities. Old (PRA) of 1980, as amended by the Paperwork Section 8a. Information Management subsections 9a(3)–(8) are renumbered to Reduction Act of 1995 (44 U.S.C. Chapter Policy. Sections 8a(3) is proposed to be become 9a(4)–(9). Existing Section 35); the Clinger-Cohen Act (also known as revised to reflect the Government 9a(5)—which would be renumbered as ‘‘Information Technology Management Paperwork Elimination Act (Public Law Section 9a(7)—is proposed to be revised Reform Act of 1996’’) (Public Law 104–106, 105–277, Title XVII), which was enacted to make clearer the agencies’ obligations Division E); the Privacy Act, as amended (5 in October 1998. OMB issued proposed under the Paperwork Reduction Act and U.S.C. 552a); the Chief Financial Officers Act guidance to implement the GPEA on the Freedom of Information Act (as (31 U.S.C. 3512 et seq.); the Federal Property March 5, 1999 (64 FR 10896), and is discussed above). A new Subsection and Administrative Services Act, as amended (40 U.S.C. 487); the Computer Security Act preparing the final guidance, to be 9a(10) is added to ensure cross agency (Public Law 100–235); the Budget and issued shortly. cooperation. 9a(11) is added to Accounting Act, as amended (31 U.S.C. Section 8b. Information Systems and encourage agencies to permit other Chapter 11); Executive Order 12046 of March Information Technology Management. agencies to place orders for information 27, 1978; Executive Order 12472 of April 3, This section is substantially revised to technology against its contracts to the 1984; and Executive Order 13011 of July 17, implement the policies of the Clinger- extent practicable. Subsections 9a(3), 1996. Cohen Act and the principles of (12), (13), (14), and (15) are added to 2. Section 5, ‘‘Background,’’ is Executive Order 13011. Sections 8b(1), describe the CIO’s responsibilities under amended by adding the following new 8b(2), 8b(3) have been merged to better the Clinger-Cohen Act. paragraph: integrate requirements under Clinger- Subsection 9b, Department of State, is Cohen Act, the Government revised to reflect responsibilities The Clinger-Cohen Act supplements the Performance and Results Act (Public described in the Clinger-Cohen Act and information resources management policies Law 103–62), and revisions to OMB Executive Order 13011. These include contained in the PRA by establishing a Circular A–11. liaison, consultation, and negotiation comprehensive approach for executive New section 8b(1) is revised to with foreign governments and agencies to improve the acquisition and provide guidance on both strategic and intergovernmental organizations on management of their information resources, through: operational IRM planning by integrating matters related to information resources (1) Focusing information resource planning the agency’s information resources management as well as the State to support the agency’s strategic missions; management plans, strategic plans, Department’s advisory role in (2) Implementing a capital planning and performance plans, financial developing U.S. positions and policies investment control process that links to management plans, and budget on international information policy and budget formulation and execution; and
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(3) Rethinking and restructuring the way system that is to be administrative and agency’s budget formulation and execution agencies do their work before investing in business applications (including payroll, processes. The capital planning and information systems. finance, logistics, and personnel management investment control process includes all 3. Section 6, ‘‘Definitions,’’ is applications). The policies and procedures stages of capital programming, including established in this Circular shall apply to planning, budgeting, and procurement. amended by making the following national security systems in a manner As outlined below in section (B), the revisions: definitions are added for consistent with the applicability and related capital planning and investment control ‘‘capital planning and investment limitations regarding such systems set out in process has three components: selection, control process,’’ ‘‘Chief Information Section 5141 of the Clinger-Cohen Act (Pub. control, and evaluation. The process should Officers Council,’’ ‘‘executive agency,’’ L. 104–106). Applicability of Clinger-Cohen be iterative, with inputs coming from the ‘‘Information Technology Resources Act to national security systems shall include agency strategic plan and the outputs feeding Board,’’ and ‘‘national security system’’. budget document preparation requirements into the budget and investment control The definition for ‘‘information set forth in OMB Circular A–11. The processes. The goal is to link resources to resultant budget document may be classified results. For further guidance on Capital technology’’ is revised, and the in accordance with the provisions of Planning refer to OMB Circular A–11. remaining definitions are redesignated Executive Order 12958. (A) What components are expected in the accordingly. The new and revised 4. Section 7, ‘‘Basic Considerations Information Resources Management Plan? As definitions are as follows: a product of the capital planning and and Assumptions,’’ is amended by c. The term ‘‘capital planning and investment control process, agencies must revising Sections 7i and by adding 7r to develop and maintain the agency Information investment control process ‘‘ means a read as follows: management process for ongoing Resource Management Plan (IRM) (also identification, selection, control, and i. Strategic planning improves the known as the IT Capital Plan), as required by evaluation of investments in information operation of government programs. The 44 U.S.C. 3506(b)(2). The IRM Plan will resources. The process is linked to budget agency strategic plan will shape the redesign include both Strategic and Operational IRM formulation and execution, and is focused on of work processes and guide the development Plans. Specifically, the IRM Plan must agency missions and achieving specific and maintenance of a capital planning and include: program outcomes. investment control process. This (i) A component derived from the agency d. The term ‘‘Chief Information Officers management approach promotes the strategic plan as required by the Government Council’’ (CIO Council) means the Council appropriate application of Federal Performance and Results Act. Specifically, an established in Section 3 of Executive Order information resources. analysis detailing the information resource 13011. r. The development and operation of investment particulars contained within the f. The term ‘‘executive agency’’ has the interagency and interoperable shared agency Strategic Plan. These particulars meaning defined in section 4(1) of the Office information resources to support the should focus on the strategic implementation of Federal Procurement Policy Act (41 U.S.C. performance of government missions should of IT to achieve the overall missions and 403(1)). be supported by the Chief Information goals of the agency and describe the linkage t. The term ‘‘information technology’’ Officers Council and the Information between the investment and the agency’s means any equipment or interconnected Technology Resources Board. missions, as required by OMB Circular A–11; system or subsystem of equipment, that is (ii) A component derived from the agency 5. Section 8, ‘‘policy,’’ is amended by annual performance plan as required by the used in the automatic acquisition, storage, revising Section 8a(3) to read as follows: manipulation, management, movement, Government Performance and Results Act. control, display, switching, interchange, 3. Electronic Information Collection. Specifically, an analysis describing the transmission, or reception of data or Executive agencies under Sections 1703 and information resource investment particulars information by an executive agency. For 1705 the Government Paperwork Elimination contained within the agency annual purposes of the preceding sentence, Act (GPEA), Public Law 105–277, Title XVII. Performance Plan. These particulars should equipment is used by an executive agency if are required to provide, by October 21, 2003, describe the quantifiable performance the equipment is used by the executive the (1) option of the electronic maintenance, measures used in evaluating the agency directly or is used by a contractor submission, or disclosure of information, implementation of specific IT initiatives and under a contract with the executive agency when practicable as a substitute for paper; should provide metrics to assess progress which (i) requires the use of such equipment, and (2) use and acceptance of electronic towards achieving performance goals; or (ii) requires the use, to a significant extent, signatures, when practicable. Agencies will (iii) A component derived from the agency of such equipment in the performance of a follow the provisions in OMB guidance, annual program performance report as service or the furnishing of a product. The Implementation of the Government required by the Government Performance and term ‘‘information technology’’ includes Paperwork Elimination Act. Results Act. Specifically, an accountability computers, ancillary equipment, software, 6. Section 8, ‘‘Policy,’’ is amended by report comparing actual performance to firmware and similar procedures, services expected performance as expressed in the (including support services), and related revising Section 8b(1) to read as follows: annual goals established in the agency resources. The term ‘‘information b. How Should Agencies Manage Performance Plans. Progress should be technology’’ does not include any equipment Information Systems and Information detailed in OMB Circular A–11 Exhibit 300B that is acquired by a Federal contractor Technology? submissions as part of the annual budget incidental to a Federal contract. (1) Capital Planning and Investment process; and u. The term ‘‘Information Technology Control. Agencies must establish and (iv) A component derived from the agency Resources Board’’ (Resources Board) means maintain a capital planning and investment security plan as required by the Computer the board established by Section 5 of control process that links mission needs, Security Act. Specifically, the summary plan Executive Order 13011. information, and information technology in included in the agency’s five-year plan as w. The term ‘‘national security system’’ an effective and efficient manner. The required by 44 U.S.C. 3505 and Appendix III means any telecommunications or process should guide both strategic and of this Circular. information system operated by the United operational IRM planning by integrating the (B) What must an agency do as part of the States Government, the function, operation, agency’s information resources management selection component of the capital planning or use of which (1) involves intelligence plans, strategic plans prepared pursuant to process? activities; (2) involves cryptologic activities the Government Performance and Results Act (i) Evaluate each investment in information related to national security; (3) involves of 1993 (5 U.S.C. 306), performance plans resources to determine whether the command and control of military forces; (4) prepared pursuant to Government investment will support core mission involves equipment that is an integral part of Performance and Results Act of 1993 (31 functions that must be performed by the a weapon or weapons system; or (5) is critical U.S.C. 1115), financial management plans Federal government; to the direct fulfillment of military or prepared pursuant to the Chief Financial (ii) Ensure that improvements to existing intelligence missions, but excluding any Officer Act of 1990 (31 U.S.C. 902a5), and the information systems or the development of
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Components of the capital planning process Required information Select (planned) Control (actual) Evaluate (variance)
Justification and descriptive infor- Provided as part of the pre-screening Reviewed and re- Reported annually as part of the Capital mation. process and documents the business ported systemati- Asset Plan and Justification (Exhibit case justification for the investment. cally to ensure 300B). business needs are being met.
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Components of the capital planning process Required information Select (planned) Control (actual) Evaluate (variance)
Summary of spending by project Provided as part of the initial planning Reviewed systemati- Reported annually as part of the Capital stages, cost, schedule, and per- and budgeting process using a work cally to ensure that Asset Plan and Justification (Exhibit formance goals. break-down process. The summary costs and sched- 300B). reflects a life cycle project manage- uled goals are on ment approach for all stages of the target. investment, and is structured using a performance based management process (such as earned value man- agement). Program management and con- Provided as part of the planning phase Reviewed systemati- Reported annually as part of the Capital tracting information. and includes information such as cally to ensure that Asset Plan and Justification (Exhibit type of contract, and acquisition plan- contract and acqui- 300B). ning information. sition goals are on target. Financial Basis for the project ...... Details financial analysis such as bene- Reviewed and up- Reported annually as part of the Capital fits-cost analysis (BCA), return on in- dated systemati- Asset Plan and Justification (Exhibit vestment and other financial analysis cally to capture the 300B). performed to justify the investment. latest information on ROI and bene- fits and to track fi- nancial perform- ance. Performance measures and goals .. Provided prior to the selection of the Monitored and re- Reported annually as part of the Capital project and establishes the baseline ported systemati- Asset Plan and Justification (Exhibit for performance measures and goals cally for perform- 300B). whereby the investment will be mon- ance goals and the itored. progress of meeting the business goals and needs of an agency. Costs and schedule goals ...... Provided as part of the initial planning Updated systemati- Reported annually as part of the Capital and budgeting process using a work cally to ensure that Asset Plan and Justification (Exhibit break-down process. The goals re- the investment is 300B). flect a life-cycle project management earning at the approach for all stages of the invest- planned rate. ment and is structured using an earned value management process. Risks ...... Risk assessments are performed and Reviewed and up- Reported annually as part of the Capital mitigation plans are provided as part dated systemati- Asset Plan and Justification (Exhibit of the initial planning phase. Assess- cally to gauge ef- 300B). ments must address technology, se- fectiveness of the curity, strategic issues, and IT archi- mitigation plans and tecture. Risks Assessments may also to identify any new address the risk of not continuing a risks that may arise. project. Benefits associated with the invest- Benefits can be either financial or non- Updated systemati- Reported annually as part of the Capital ment. financial and may also be cost avoid- cally to further Asset Plan and Justification (Exhibit ance. The expected benefits are cap- strengthen the busi- 300B). tured as part of the initial planning ness case for the phase of an investment. investment or its continuance and to ensure that the benefits are real- ized.
Section 8b(2) also assure interoperability of business Where Can I Get More Information Describing processes, data, applications and technology the ITA? What Is an ITA? as agencies integrate proposed information Agencies that require additional An Information Technology Architecture systems projects with one another and with (ITA) should guide the agency’s management information on developing or maintaining an existing legacy systems. The agency’s of information resources for agency-wide ITA are encouraged to consult the Federal information and information technology strategic IRM plan should describe the CIO Council document entitled ‘‘The Federal needs consistent with Appendix II of this parameters (e.g., technical standards) of such Enterprise Architecture (FEA) Framework’’ Circular. The ITA will help the agency cope an ITA. The ITA must also drive operational which is available on the CIO Council’s web with technology and business change by planning and describe how the agency site (http://cio.gov). serving as a reference for updates to existing intends to use information and information and new information systems. The ITA will technology.
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What Is an Open Systems Environment? define and validate all information resource SECURITIES AND EXCHANGE An open system should be based on an investments. Through this process, the CIO COMMISSION architecture with published or documented shall monitor and evaluate the performance interface specifications that have been of the information technology portfolio of the adopted by a standards settings body. agency and advise the agency head whether [Release No. IC±24379, 812±11968] to continue, modify, or terminate a program Ultimately, Who Determines the Acceptable or project. The CIO will have accountability Boston 1784 Funds et al., Notice of Level of Security for a System? and authority over continuation or Application Each agency program official must termination of information resource April 6, 2000. understand the risk to systems under their investments. control and determine the acceptable level of Additionally, the CIO will establish a AGENCY: Securities and Exchange risk, ensure adequate security is maintained board composed of senior level managers to support and assist the programs under Commission (‘‘SEC’’). their control, ensure that security controls who will have the responsibility of making key business recommendations on ACTION: Notice of an application for an comport with program needs and order under section 17(b) of the appropriately accommodate operational information resource investments, and who necessities. In addition, program officials will be continuously involved. Many Investment Company Act of 1940 should work in conjunction with Chief agencies will institute a second board, (‘‘Act’’) for an exemption from section Information Officers and other appropriate composed of program or project level 17(a) of the Act. agency officials so that security measures managers, with more detailed business and support agency information architectures. information resource knowledge. They will SUMMARY OF APPLICATION: Applicants Section 8b(3) be able to provide technical support to the request an order to permit certain series senior level board in proposing, evaluating, of The Galaxy Fund (‘‘Galaxy’’) to What Should agencies Consider Before and recommending information resource Acquiring a COTS Solution? acquire all of the assets and liabilities of investments. COTS products can provide agencies a cost all of the series of Boston 1784 Funds effective and efficient solution. However, What Is the CIO’s Role in the Annual Budget (‘‘1784’’)(the‘‘Reorganization’’). Because often COTS products require customization Process? of certain affiliations, applicants may for seamless use. Therefore agencies must The CIO will be an active participant not rely on rule 17a–8 under the Act. still thoroughly examine the impact of a during all agency annual budget processes APPLICANTS: 1784, Galaxy, Fleet COTS product selection. A lessons-learned and strategic planning activities, including National Bank and Fleet Investment guide describing the risks of COTS products the development, implementation, and has been published by the Information maintenance of agency strategic plans. The Advisors Inc. Technology Resources Board (ITRB). The CIO’s role is to provide leadership and a guide, entitled ‘‘Assessing the Risks of FILING DATES: The application was filed strategic vision for using information Commercial-Off-The-Shelf (COTS) on February 9, 2000. Applicants agree to technology to transform the agency. CIO’s Applications,’’ is available on the ITRB web file an amendment during the notice site (http://itrb.gov). must also ensure that all information period, the substance of which is resource investments deliver a substantial reflected in this notice. Section 9a(3). Chief Information Officer (CIO) mission benefit to the agency and/or a To Whom Does the CIO Report? substantial ROI to the taxpayer. HEARING OR NOTIFICATION OF HEARING: An Each agency must appoint a Chief Additionally, the CIO will ensure order granting the application will be Information Officer, as required by 44 U.S.C. coordination of information resource issued unless the SEC orders a hearing. 3506(a), who will report directly to the planning processes and documentation with Interested persons may request a agency’s head to carry out the responsibilities the agency’s strategic, performance and hearing by writing to the SEC’s of the agency under the PRA. budget process. Secretary and serving applicants with a What Are the CIO’s Responsibilities in Section 9a(4) copy of the request, personally or by Regards to Financial Management Systems? Why Is the CIO Considered an Ombudsman? mail. Hearing requests should be received by the SEC by 5:30 p.m. on The head of the agency is responsible for The CIO designated by the head of each defining the operating relationship between May 1, 2000, and should be agency under 44 U.S.C. 3506(a) is charged accompanied by proof of service on the CIO and CFO functions and ensuring with carrying out the responsibilities of the coordination in the implementation of the applicants, in the form of an affidavit, agency under the PRA. Agency CIOs are Clinger-Cohen Act, the PRA, the Chief responsible for ensuring that their agency or, for lawyers, a certificate of service. Financial Officers Act, and the Government Hearing requests should state the nature Performance and Results Act. The Clinger- practices are in compliance with OMB policies. It is envisioned that the CIO will of the writer’s interest, the reason for the Cohen Act encourages the CIO and CFO to request, and the issues contested. work together under the direction of the work as an ombudsman to investigate alleged Persons who wish to be notified of a agency head to ensure that the agency’s instances of agency failures to adhere to the information systems provide reliable, policies set forth in the Circular and to hearing may request notification by consistent, and timely program performance recommend or take corrective action as writing to the SEC’s Secretary. information. appropriate. Agency heads should continue ADDRESSES: Secretary, SEC, 450 Fifth to use existing mechanisms to ensure What Is the CIO’s Role in the Capital compliance with laws and policies. Street, NW, Washington, DC 20549– Planning Process? 0609. 1784, 2 Oliver Street, Boston, MA The CIO will ensure that a capital planning [FR Doc. 00–9077 Filed 4–12–00; 8:45 am] 02109; Fleet National Bank, 100 Federal process is established and rigorously used to BILLING CODE 5110±01±P Street, Boston, MA 02110; Galaxy, 4400
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Computer Drive, Westborough, MA excess of 5% (and with respect to accomplished by issuing the Acquiring 01581–5108; and Fleet Investment certain of the Funds more than 25%) of Fund shares to open accounts on the Advisors Inc., 75 State Street, Boston the outstanding voting securities of share records of the Acquiring Funds in MA 02109. certain of the Funds. All of these the names of the Acquired Fund FOR FURTHER INFORMATION CONTACT: securities are held for the benefit of shareholders of record. Simultaneously, Paula L. Kashtan, Senior Counsel, at others in a trust, agency, custodial, or all issued and outstanding shares of the (202) 942–0615, or Mary Kay Frech, other fiduciary or representative Acquired Funds will be canceled on the Branch Chief, at (202) 942–0564 capacity, except that certain companies books of the Acquired funds. Each of the (Division of Investment Management, of the Fleet Boston Group may, at times, acquired Funds thereafter will be Office of Investment Company own economic interests in certain dissolved. The Reorganization is Regulation). money market Funds for their own expected to occur on or around May 12, SUPPLEMENTARY INFORMATION: The account. 2000. The Plan of Reorganization may following is a summary of the 5. On January 25, 2000 and February be terminated by mutual written application. The complete application 4, 2000, respectively, the boards of consent of the Board of Glaxy and the trustees of Glaxy (the ‘‘Board of may be obtained for a fee at the SEC’s Board of 1784 any time prior to the Galaxy’’) and 1784 (‘‘Board of 1784’’), Public Reference Branch, 450 Fifth Effective Time. including all of their disinterested Street, NW, Washington, DC 20549– 6. The Acquiring Funds and the trustees (‘‘Disinterested Trustees’’), 0102 (telephone (202) 942–8090). Acquired Funds consist of: (a) Five unanimously approved a plan of money market Funds (the ‘‘Money Applicants’ Representations Reorganization pursuant to which Market Funds’’); and (b) twelve non- 1. 1784, a Massachusetts business substantially all of the assets and money market Funds (the ‘‘Non-Money trust, is registered under the Act as an liabilities of each of the Acquired Funds Market Funds). Each Acquired Fund open-end management investment will be transferred to the corresponding offers one class of shares. Three classes company and is comprised of seventeen Acquiring Fund in exchange for shares of shares of the Acquiring Funds (BKB, series (the ‘‘Acquired Fund’’). of designated classes of the Trust and shares) will be issued in the 2. Galaxy, a Massachusetts business corresponding Acquiring Fund (the Reorganization.3 2 trust, is registered under the Act as an ‘‘Plan of Reorganization’’). The number 7. As a result of the Reorganization, open-end management investment of Acquiring Fund shares to be issued shareholders of the 1784 Florida Tax- company. Galaxy currently offers 29 to shareholders of the Acquired Fund Exempt Income Fund, 1784 Tax-Free series, ten of which will participate in will be determined by dividing the Money Market Fund, and 1784 the Reorganization (the ‘‘Operating aggregate net assets of each Acquired Institutional U.S. Treasury Money Acquiring Funds’’). Galaxy also is Fund by the net asset value per share of Market Fund will receive shares of the organizing seven new shell series, each the corresponding Acquiring Fund corresponding Acquiring Fund, each of of which will participate in the class, each computed immediately prior which offers a single class of shares Reorganization (the ‘‘Shell Acquiring to the effective time of the (‘‘Shares’’). Shareholders of the Funds,’’ and together with the Operating Reorganization (‘‘Effective Time’’). The remaining Acquired Funds will receive Acquiring Funds, the ‘‘Acquiring Acquiring Fund shares will be either BKB shares or Trust shares of the Funds’’).1 The Acquiring Funds and the distributed pro rata to the shareholders corresponding Acquiring Fund. Acquired Funds are collectively referred of record in the applicable Acquired Shareholders who purchased shares of to as the ‘‘Fund.’’ Applicants state that Fund, determined as of the Effective the remaining Acquired Funds through the investment objectives, policies and Time. This distribution will be an investment management, trust, restrictions of each Acquired Fund and custody, or other agency relationship 2 The Acquired Funds and their corresponding with Fleet National (‘‘Institutional its corresponding Acquiring Fund are Acquiring Funds are: (1) 1784 Tax-Free Money substantially similar. Market Fund and Galaxy Tax-Exempt Fund; (2) Shareholders’’) will receive Trust shares 3. Fleet National Bank, formerly 1784 U.S. Treasury Money Market Fund and Galaxy of the corresponding Acquiring Fund. BankBoston, N.A (‘‘Fleet National’’), U.S. Treasury Fund; (3) 1784 Institutional U.S. All other shareholders of the remaining serves as investment adviser to the Treasury Money Market Fund and Galaxy Acquired Funds (‘‘Retail Shareholders’’) Institutional Treasury Money Market Fund (shell); Acquired Funds and is exempt from (4) 1784 Prime Money Market Fund and Galaxy will receive BKB shares of the registration pursuant to section Money Market Fund; (5) 1784 Institutional Prime corresponding Acquiring Fund. BKB 202(a)(11)(A) of the Investment Advisers Money Market Fund and Galaxy Institutional shares will convert to Retail A shares of Act of 1940 (‘‘Advisers Act’’). Fleet Money Market Fund (shell); (6) 1784 Short-Term the respective Acquiring Fund on the Income Fund and Galaxy Short-Term Bond Fund; Investment Advisers Inc. (‘‘Fleet’’) is (7) 1784 Income Fund and Galaxy High Quality first anniversary of the Reorganization, registered under the Advisers Act, and Bond Fund; (8) 1784 U.S. Government Medium- provided that the Board of Galaxy is the investment adviser for the Term Income Fund and Galaxy Intermediate determines that such conversion is in Operating Acquiring Funds and will be Government Income Fund; (9) 1784 Tax-Exempt the best interests of the BKB Medium-Term Income Fund and Galaxy the investment adviser for the Shell Intermediate Tax-Exempt Bond Fund (shell); (10) shareholders. Applicants state that the Acquiring Funds. Fleet National and 1784 Connecticut Tax-Exempt Income Fund and rights and obligations of the shares of Fleet and wholly owned subsidiaries of Galaxy Connecticut Intermediate Municipal Bond the Acquired Funds are substantially Fleet Boston Corporation. Fund (shell); (11) 1784 Florida Tax-Exempt Income similar to those of the corresponding Fund and Galaxy Florida Municipal Bond Fund 4. Currently, Fleet National, Fleet and (shell); (12) 1784 Massachusetts Tax-Exempt classes of shares of the Acquiring Funds certain of their affiliates that are under Income Fund and Galaxy Massachusetts issued in the Reorganization. common control (the ‘‘Fleet Boston Intermediate Municipal Bond Fund (shell); (13) 8. Shares of the Acquired Funds are Group’’) hold of record, in their names 1784 Rhode Island Tax-Exempt Income Fund and offered at net asset value with no front- Galaxy Rhode Island Municipal Bond Fund; (14) or in the names of their nominees, in 1784 Asset Allocation Fund and Galaxy Asset end sales load or contingent deferred Association Fund; (15) 1784 Growth and Income 1 A registration statement for the Shell Acquiring Fund and Galaxy Growth and Income Fund; (16) 3 Certain of the Acquiring Funds are authorized Funds was filed with the SEC on February 23, 2000, 1784 Growth Fund and Galaxy Growth Fund II to issue four additional classes of shares (Retail A, and it is anticipated that it will be declared effective (shell); and (17) 1784 International Equity Fund and Retail B, Prime A, and Prime B) not involved in the on or about May 8, 2000. Galaxy International Equity Fund. Reorganization.
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Applicants also note that the exchange from listing and registration on the (‘‘Adviser’’), or any of its affiliates, may of the Acquired Funds’ assets for shares Amex and shall have no effect upon the serve as investment adviser, in the Acquiring Funds will be based on Security’s designation for quotation and administrator, manager, principal the Funds’ relative net asset values. trading on the Nasdaq National Market. underwriter or sponsor (the Fund, 5 For the SEC, by the Division of Investment By reason of Section 12(g) of the Act together with such other investment Management, under delegated authority. and the rules and regulations of the companies are referred to, collectively, Margaret H. McFarland, Commission thereunder, the Company as the ‘‘Funds’’), to be sold to and held Deputy Secretary. shall continue to be obligated to file by: (1) Variable annuity and variable life reports with the Commission required insurance separate accounts of both [FR Doc. 00–9180 Filed 4–12–00; 8:45 am] by Section 13 of the Act. 6 affiliated and unaffiliated life insurance BILLING CODE 8010±01±M Any interested person may, on or companies; (2) qualified pension and before April 27, 2000, submit by letter retirement plans; (3) any investment SECURITIES AND EXCHANGE to the Secretary of the Securities and adviser to a Fund and affiliates thereof; COMMISSION Exchange Commission, 450 Fifth Street, and (4) general accounts of any NW., Washington, DC 20549–0609, facts insurance company whose separate Issuer Delisting; Notice of Application bearing upon whether the application account holds, or will hold, shares of a to Withdraw From Listing and has been made in accordance with the Fund. Registration; (BriteSmile Inc., Common rules of the Amex and what terms, if Applicants: ING Variable Insurance Stock, Par Value $.001 per Share) File any, should be imposed by the Trust, ING Mutual Funds Management No. 1±11064 Commission for the protection of Co. LLC (collectively, ‘‘Applicants’’) and investors. The Commission, based on certain life insurance companies and April 6, 2000. the information submitted to it, will variable annuity and life insurance BriteSmile, Inc. (‘‘Company’’), has issue an order granting the application separate accounts. filed an application with the Securities after the date mentioned above, unless Filing Date: The application was filed and Exchange Commission the Commission determines to order a on November 5, 1999, and amended and (‘‘Commission’’), pursuant to Section hearing on the matter. restated on March 29, 2000. Hearing or Notification of Hearing: An 12(d) of the Securities Exchange Act of For the Commission, by the Division of 1 1934 (‘‘Act’’) and Rule 12d2–2(d) Market Regulation, pursuant to delegated order granting the application will be thereunder,2 to withdraw the security authority. 7 issued unless the Commission orders a described above (‘‘Security’’) from hearing. Interested persons may request listing and registration on the American Jonathan G. Katz, a hearing on this application by writing Stock Exchange LLC (‘‘Amex’’). Secretary. to the Secretary of the SEC and serving The Security has been listed and [FR Doc. 00–9182 Filed 4–12–00; 8:45 am] Applicants with a copy of the request, registered on the Amex pursuant to BILLING CODE 8010±01±M in person or by mail. Hearing requests Section 12(b) of the Act.3 The Company must be received by the Commission by now desires to have its Security trade on 5:30 p.m. on May 1, 2000, and the Nasdaq Stock Market, Inc. SECURITIES AND EXCHANGE accompanied by proof of service on the (‘‘Nasdaq’’). Accordingly, the Company COMMISSION Applicants in the form of an affidavit or, has filed a Registration Statement on [Rel. No. IC±24380; File No. 812±11848] for lawyers, a certificate of service. Form 8–A with the Commission Hearing requests should state the nature pursuant to Section 12(g) of the Act,4 ING Variable Insurance Trust, et al., of your interest, the reason for the and the Company has stated that the Notice of Application request, and the issues you contest. Security is scheduled to begin trading Persons may request notification of the on the Nasdaq National Market, and April 6, 2000. date of a hearing by writing to the simultaneously be suspended from AGENCY: Securities and Exchange Secretary of the SEC. Commission (‘‘SEC’’ or ‘‘Commission’’). trading on the Amex, at the opening of ADDRESSES: Secretary, SEC, 450 5th business on April 7, 2000. In ACTION: Notice of application for an Street, NW., Washington, DC 20549– conjunction with the transfer of trading order of exemption under section 6(c) of 0609. ING Variable Insurance Trust and from the Amex to the Nasdaq, the the Investment Company Act of 1940 ING Mutual Funds Management Co. Company is seeking to withdraw its (‘‘1940 Act’’) for exemptions from the LLC, 1475 Dunwoody Drive, West Security from listing and registration on provisions of sections 9(a), 13(a), 15(a) Chester, PA 19380. and 15(b) of the 1940 Act and rules 6e– the Amex in order to avoid both the FOR FURTHER INFORMATION CONTACT: costs of maintaining dual listings and 2(b)(15) and 6e–3(T)(b)(15) thereunder. Ronald A. Holinsky, Attorney or Susan the potential fragmentation of the M. Olson, Branch Chief, Office of SUMMARY OF APPLICATION: Applicants market for its Security. Insurance Products, Division of The Company has stated that it has seek an order to the extent necessary to permit shares of any current or future Investment Management, at (202) 942– complied with the Rule of the Amex 0670. governing the withdrawal of its Security series of ING Variable Insurance Trust from listing and registration on the (‘‘Fund’’) designed to fund insurance SUPPLEMENTARY INFORMATION: Following Amex and that the Amex, in turn has products and shares of any other is a summary of the application. The indicated that it will not oppose such investment company or series thereof complete application is available for a withdrawal. now or in the future registered under fee from the SEC’s Public Reference The Company’s application relates the 1940 Act that is designed to fund Branch, 450 Fifth Street, NW., solely to the withdrawal of the Security insurance products and for which ING Washington, DC 20549–0102 (tel. (202) Mutual Funds Management Co. LLC 942–8090). 1 15 U.S.C 781(d). Applicants’s Representations 2 17 CFR 240.12d2–2(d). 5 Id. 3 15 U.S.C. 78l(b). 6 15 U.S.C. 78m. 1. The Fund, an open-end 4 15 U.S.C. 78l(g). 7 17 CFR 200.30–2(a)(1). management investment company
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7. Applicants state that the current tax because some of the separate accounts respect to management investment law permits the Fund to increase its that will invest in the Funds may company shares held by a separate asset base through the sale of shares to themselves be investment companies account to permit the insurance Plans. Section 817(h) of the Internal that rely on Rules 6e–2 and 6e–3(T) and company to disregard the voting Revenue Code of 1986, as amended (the need to have the relief continue in instructions of its contracts holders in ‘‘Code’’), imposes certain diversification place. certain limited circumstances. For standards on the underlying assets of 11. Section 9(a)(3) of the 1940 Act example, Applicants state that the variable contracts. The Code provides that it is unlawful for any subparagraph (b)(15)(iii)(B) of Rules 6e– provides that such contracts shall not be company to act as investment adviser to, 2 and 6e–3(T) under the 1940 Act treated as an annuity contract or life or principal underwriter for, any provide that the insurance company insurance contract for any period during registered open-end investment may disregard contract owners’ voting which the investments are not company if an affiliated person of that instructions if the contract owners adequately diversified in accordance company is subject to a disqualification initiate any changes in the investment with regulations prescribed by the enumerated in Sections 9(a)(1) or (2). company’s investment policies, Treasury Department. Treasury Rules 6e–2(b)(15)(i) and (ii), and 6e– principal underwriter or investment regulations provide that, to meet the 3(T)(b)(15)(i) and (ii) provide partial adviser, provided that disregarding such diversification requirements, all of the exemptions from Section 9(a) under voting instructions is reasonable and beneficial interests in an investment certain circumstances, subject to the complies with the other provisions of company must be held by the segregated limitations on mixed and shared Rules 6e–2 and 6e–3(T). asset accounts of one or more insurance funding. These exemptions limit the 15. Applicants state that Rule 6e–2 companies. The regulations do contain application of eligibility restrictions to recognizes that a variable life insurance certain exceptions to this requirement, affiliated individuals or companies that contract has important elements unique however, one of which permits shares of directly participate in the management to insurance contracts and is subject to an investment company to be held by of the underlying management extensive state regulation of insurance. the trustee of a Plan without adversely investment company. Applicants assert that in adopting Rule affecting the ability of shares in the 12. Applicants state that the relief 6e–2(b)(15)(iii), the Commission same investment company also to be provided by Rules 6e–2(b)(15) and 6e– expressly recognized that state held by the separate accounts of 3(T)(b)(15) permits the life insurer to insurance regulators have authority to insurance companies in connection serve as the underlying fund’s disapprove or require changes in with their variable contracts (Treas. Reg. investment adviser or principal investment policies, investment § 1.817–5(f)(3)(iii)). underwriter, provided that none of the advisers, or principal underwriters. 8. Applicants also state that the insurer’s personnel who are ineligible Applicants also maintain that the current tax law permits the Funds to sell pursuant to Section 9(a) are Commission has expressly recognized shares to Advisers and general accounts participating in the management or that state insurance regulators have subject to certain conditions (Treas. Reg. administration of the fund. Applicants authority to require an insurer to draw § 1.817–5(f)(3)(i) and (ii)). state that the partial relief from Section from its general account to cover costs 9. Applicants state that the 9(a) provided by Rules 6e–2(b)(15) and imposed upon the insurer by a change promulgation of Rules 6e–2(b)(15) and 6e–3(T)(b)(15), in effect, limits the approved by contract owners over the 6e–3(T)(b)(15) preceded the issuance of amount of monitoring necessary to insurer’s objection. Applicants state that these Treasury regulations which made ensure compliance with Section 9 to the Commission deemed such it possible for shares of a Fund to be that which is appropriate in light of the exemptions necessary to assure the held by the trustee of a Plan, an Adviser, policy and purposes of Section 9. solvency of the life insurer and the or general account without adversely Applicants assert that it is not necessary performance of its contractual affecting the ability of shares of the for the protection of investors or the obligations by enabling an insurance Fund to also be held by the separate purposes fairly intended by the policy regulatory authority or the life insurer to accounts of insurance companies in and provisions of the 1940 Act to apply act when certain proposals reasonably connection with their variable life the provisions of Section 9(a) to the could be expected to increase the risks insurance contracts. Thus, Applicants many individuals in an insurance undertaken by the life insurer. assert that the sale of shares of a Fund company complex, most of whom Applicants further state that in this to separate accounts through which typically will have no involvement in respect, flexible premium variable life variable life insurance contracts are matters pertaining to investment insurance contracts are identical to issued and Plans, the Adviser or general companies in that organization. schedule premium variable life accounts could not have been Applicants assert that it also is insurance contracts, and that therefore envisioned at the time of the adoption unnecessary to apply the restrictions of corresponding provisions of Rule 6e– of Rules 6e–2(b)(15) and 6e–3(T)(b)(15), Section 9(a) to the many individuals in 3(T) were adopted in recognition of the given the then-current tax law. various unaffiliated insurance same considerations as the Commission 10. Applicants assert that if the Fund companies (or affiliated companies of applied in adopting Rule 6e–2. were to sell shares only to Plans, participating insurance companies) that 16. Applicants further represent that Advisers and general accounts, or to may utilize the Funds as a funding the sale of Fund shares to Plans, separate accounts funding variable medium for variable contracts. Advisers, or general accounts should annuity contracts, no exemptive relief 13. Applicants further state that there not affect the relief requested. Shares of would be necessary. Applicants state is no regulatory purpose in extending the Funds sold to Plans would be held that none of the relief provided under the monitoring requirements to embrace by the trustees of such Plans as Rules 6e–2(b)(15) and 6e–3(T)(b)(15) a full application of Section 9(a)’s mandated by Section 403(a) of ERISA. relates to Plans, Advisers or general eligibility restrictions because of mixed Section 403(a) also provides that the accounts, or to a registered investment or shared funding. trustees must have exclusive authority company’s ability to sell its shares to 14. Applicants submit that Sections and discretion to manage and control such purchasers. Exemptive relief is 13(a), 15(a) and 15(b) of the 1940 Act the Plan with two exceptions: (a) when requested in the application only require ‘‘pass through’’ voting with the Plan expressly provides that the
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13. As long as the Commission intended by the policy and provisions of hearing. Interested persons may request continues to interpret the 1940 Act as the 1940 Act. a hearing by writing to the requiring pass-through voting privileges For the Commission, by the Division of Commission’s Secretary and serving for variable contract owners, the Investment Management, pursuant to applicants with a copy of the request, Advisory and insurance company delegated authority. personally or by mail. Hearing requests general account will vote its shares in should be received by the Commission the same proportion as all contract Margaret H. McFarland, by 5:30 p.m. on April 28, 2000, and owners having voting rights with Deputy Secretary. should be accompanied by proof of respect to the Fund; provided, however, [FR Doc. 00–9181 Filed 4–12–00; 8:45 am] service on applicants, in the form of an that the Adviser or insurance company BILLING CODE 8010±01±M affidavit or, for lawyers, a certificate of general account shall vote its shares in service. Hearing requests should state such other manner as may be required the nature of the writer’s interest, the by the Commission or its staff. SECURITIES AND EXCHANGE reason for the request, and the issues 14. No less than annually, the COMMISSION contested. Persons who wish to be Participants shall submit to the Board of [Investment Company Act Release No. notified of a hearing may request a Fund such reports, materials or data 24383, 812±11614] notification by writing to the as the Board may reasonably request so Commission’s Secretary. that such Board may carry out fully the Endeavor Series Trust, et al.; Notice of ADDRESSES: Secretary, Commission, 450 obligations imposed upon it by the Application Fifth Street, NW, Washington, DC conditions contained in this 20549–0609. Applicants: Trust and Application. Such reports, materials and April 10, 2000. Adviser, 2101 East Coast Highway, Suite data shall be submitted more frequently AGENCY: Securities and Exchange 300, Corona del Mar, California 92625; if deemed appropriate by the Board. The Commission (‘‘Commission’’). Accounts, 4333 Edgewood Road, N.E., obligations of the Participating ACTION: Notice of an application for an Cedar Rapids, Iowa 52499–0001. Insurance Companies and Plans to order under section 12(d)(1)(J) of the provide these reports, materials and Investment Company Act of 1940 (the FOR FURTHER INFORMATION CONTACT: Sara data upon reasonable request of a Board ‘‘Act’’) for exemption from sections Crovitz, Senior Counsel, at (202) 942– shall be a contractual obligation of all 12(d)(1)(A) and (B) of the Act, under 0667, or Michael W. Mundt, Branch Participating Insurance Companies and section 6(c) and 17(b) of the Act for an Chief, at (202) 942–0564, (Division of any Plan that has executed a exemption from section 17(a) of the Act, Investment Management, Office of participation agreement under the and under section 17(d) of the Act and Investment Company Regulation). agreements governing their participation rule 17d–1 under the Act to permit SUPPLEMENTARY INFORMATION: The in the Fund. certain joint transactions. following is a summary of the 15. Any shares of a Fund purchased application. The complete application by the Adviser or its affiliates will be SUMMARY OF THE APPLICATION: may be obtained for a fee at the automatically redeemed if and when the Applicants request an order that would Commission’s Public Reference Branch, Adviser’s investment advisory permit certain registered open-end 450 Fifth Street, NW, Washington, DC agreement terminates, to the extent management investment companies to 20549–0102 (tel. 202–942–8090). required by applicable Treasury invest uninvested cash and cash Applicants’ Representations regulations. Neither the Adviser nor its collateral in affiliated money market affiliates will sell such shares of the funds in excess of the limits in sections 1. The Trust is organized as a Fund to the public. 12(d)(1)(A) and (B) of the Act. Massachusetts business trust and is an 16. A Participating Insurance APPLICANTS: Endeavors Series Trust (the open-end management investment Company, or any affiliate, will maintain ‘‘Trust’’), all existing and future series of company registered under the Act. The at its home office, available to the the Trust, PFL Endeavor Target shares of the Trust are sold exclusively Commission: (a) A list of its officers, Account, AUSA Endeavor Target to insurance company separate accounts directors and employees who Account (together with the PFL that fund variable annuity and variable participate directly in the management Endeavor Target Account, the life contracts. The Trust currently or administration of the Funds or any ‘‘Accounts’’), all existing and future consists of fourteen series, one of which variable annuity or variable life subaccounts (and portfolios thereof) of is a money market fund subject to rule insurance separate account, organized the Accounts, and any other registered 2a–7 under the Act (together with any as a unit investment trust, that invests open-end management investment future Funds that are money market in the Funds and/or (b) a list of its company and its series that are funds, the ‘‘Money Market Funds;’’ all agents who, as registered currently or in the future advised by other Funds that are not money market representatives, offer and sell the Endeavor Management Co. (the funds are collectively referred to as the 1 variable annuity and variable life ‘‘Adviser’’) or any entity controlling, ‘‘Non-Money Market Funds’’). The PFL contracts funded through such a controlled by, or under common control Endeavor Target Account and AUSA separate account. These individuals will with the Adviser (collectively, the Endeavor Target Account are managed continue to be subject to the automatic ‘‘Funds’’), and the Adviser. separate accounts established by PFL disqualification provisions of Section Life Insurance Company and AUSA Life FILING DATES: The application was filed 9(a). Insurance Company, respectively, and on May 21, 1999, and amended on are each divided into two non-money Conclusion November 5, 1999. Applicants have For the reasons and upon the facts agreed to file an amendment during the 1 All existing investment companies that summarized above, Applicants assert notice period, the substance of which is currently intend to rely on the order have been that the requested exemptions are reflected in this notice. named as applicants, and any other existing or HEARING OR NOTIFICATION OF HEARING: future registered open-end management investment appropriate in the public interest and An companies that subsequently rely on the order will consistent with the protection of order granting the application will be comply with the terms and conditions in the investors and the purposes fairly issued unless the Commission orders a application.
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DC, between 9 a.m. and 5 p.m., Monday The voluntary guidelines in this Voluntary Guidelines for Recreational through Friday, except Federal holidays. notice are based on the ones drafted and Activities To Control the Spread of You may also find this docket on the recommended by the Recreational Zebra Mussels and Other Aquatic Internet at http://dms.dot.gov. Activities Committee of the Aquatic Nuisance Species Nuisance Species Task Force (the FOR FURTHER INFORMATION CONTACT: For Generic Guidelines questions on this notice or associated Committee). The guidelines developed guidelines, call Lieutenant Karen by the Committee are available in the Some guidelines are appropriate for Weaver, Project Manager, Office of docket and may be accessed on the any recreational activity associated with Operating and Environmental Standards Internet at http://dms.dot.gov. water. The generic preventive (G–MSO), Coast Guard, telephone, 202– guidelines listed below apply to most What are Aquatic Nuisance Species recreational activities occurring in 267–2079. For questions on viewing or (ANS)? submitting material to the docket, call marine and inland waters. In addition to Dorothy Walker, Chief, Dockets, ANS are organisms introduced into these guidelines, States and provinces Department of Transportation, non-native habitats and are often freed may include specific laws and telephone 202–366–9329. from the natural predators, parasites, guidelines for their areas. pathogens, and competitors that have Always do the following: SUPPLEMENTARY INFORMATION: kept them in check. Once established, • Always inspect equipment (in the How May I Comment on the Voluntary these organisms can displace native broadest sense, e.g., boats, planes, Guidelines? species; they can impede municipal, trailers, decoy anchors, SCUBA gear, industrial, and private water-intake and lures) for visible plants and animals You may submit comments and systems; and they can degrade aquatic before transporting. related material on the voluntary ecosystems. • Always remove visible plants and guidelines to the Docket Management The introduction of most ANS is the animals from equipment (expel plants, Facility as indicated previously in the work of humans. In some cases this is animals, and water from internal parts). ADDRESSES section of this notice. If you intentional, but in many it is accidental. • Always drain water from equipment submit written comments please In addition to overland transport of before transporting. include— boats, which has long been identified as • Always clean equipment that has • Your name and address; • a key dispersal pathway, there are many been in infested waters before placing it The docket number for this notice others. The other human activities that in other waters (see the ‘‘Pathway- (USCG–2000–7206); • can disperse ANS include angling, specific guidelines’’ section for specific The specific section of this notice to scuba diving, and waterfowl hunting. methods). which each comment applies; and Establishing these voluntary • Always report questionable species • The reason for each comment. guidelines will help to promote good to your resource agency for You may mail, deliver, fax, or habits that will control the spread of identification. Information is available electronically submit your comments ANS. Surveys have shown that from many sources about identification and attachments to the Docket participants in recreational activities of ANS; however, specimens are needed Management Facility, using an address will take necessary precautions if they to confirm sightings. Many jurisdictions or fax number listed in the ADDRESSES know what to do. Conversely, they will have different rules regarding section of this notice. Please do not not take precautions unless they know possession and transport. Always ask submit the same comment or attachment what to do. your local natural resources more than once. If you mail or deliver management agency for instructions. 1 What Is the Purpose of the Voluntary your comments, they must be on 8 ⁄2-by- Never do the following: 11-inch paper, and the quality of the Guidelines? • Never transport plants, animals, copy should be clear enough for copying The voluntary guidelines will give the mud, or water from lakes, rivers, and scanning. If you mail your public clear, concise information on wetlands, and coastal waters. comments and would like to know if the how to avoid the transport of ANS. • Never release animals or plants Docket Management Facility received These voluntary guidelines provide (e.g., aquarium species, bait, pets, them, please enclose a stamped, self- specific procedures that individuals hunting dogs, or water garden plants) addressed postcard or envelope. The engaged in the corresponding into the wild unless you release them Coast Guard will consider all comments recreational activity can follow so they into the same waterbody or location and material received during the will not accidentally transport ANS. where the species came from. comment period. What Activities Do the Voluntary Pathway-Specific Guidelines Why Is the Coast Guard Issuing Guidelines Address and What Are the These guidelines cover recreational Voluntary Guidelines? Recommended Procedures? activities that are potential pathways for To comply with the National Invasive These voluntary guidelines address transferring ANS. Individuals engaged Species Act of 1996 (NISA), we are the following water-related recreational in these activities should follow these issuing voluntary guidelines for activities: Scuba diving; waterfowl guidelines to help prevent the spread of recreational activities to control the hunting; harvesting of bait by ANS. You should note that States and spread of zebra mussels and other recreational anglers; angling; boating; provinces may add to these voluntary Aquatic Nuisance Species (ANS). We operating seaplanes; and operating guidelines their own related laws and are providing this opportunity for personal watercraft. These voluntary guidelines, if any, regarding transport or public comment on the voluntary guidelines are intended to assist natural- possession of ANS. guidelines. After considering the resource managers and others involved comments we will issue a final version in educating individuals who (a) Scuba Diving of the voluntary guidelines. These participate in these recreational You can unintentionally transport guidelines will be explained in activities about the problems associated ANS, such as the zebra mussel, spiny pamphlets, videos, and other types of with the spread of ANS in the United water flea, and Eurasian water milfoil, outreach media. States. from one body of water to another on
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The recipes provided in the following Guidelines Guidelines table are for a 1-percent solution of table • Dispose of unwanted live bait on • Before leaving all waters, inspect salt (sodium chloride) treatment in land before leaving the waterbody. your boat (sailboats check centerboard water.1 Never release live bait into a waterbody and bilgeboard wells, and keel boats or move aquatic plants or animals from Cups of check the rudder-post area), trailer Gallons of 2ater salt* one waterbody to another. (check axles, runners, lights, and • Wash and dry your boat, tackle, rollers), and other boating equipment 5 ...... 2¤3 downriggers, float tube, waders, and (check anchors, water-skis, or other tow 10 ...... 11¤4 other equipment to remove or kill lines), and remove any plants, animals, 25 ...... 3 harmful species that were not visible at 1 or mud that are visible (see diagram 1). 50 ...... 6 ¤4 the boat launch. 2 • Drain water from the motor, 100 ...... 12 ¤3 • Inspect all fish caught using seines, livewell, bilge, and transom wells while * Based on 312 g per cup. dipnets, or other types of netting; on land and before leaving all waters. remove and properly discard all non- (d) Angling • Wash and dry your boat, tackle, target species. The introduction of ANS can cause downriggers, trailer, and other boating significant changes in freshwater and (e) Boating equipment to kill harmful species that were not visible at the boat launch. You marine ecosystems. Populations of prey ANS, such as the zebra mussel, spiny can do this on your way home or once and game fish can be significantly water flea, and Eurasian water milfoil, harmed by the presence of species such you arrive home. can be unintentionally transported • as the sea lamprey, Asian swamp eel, through water-related recreation Before you transport to other Chinese carp, and zebra mussel. Some activities because some ANS can waters, do one of the following: aquatic nuisance plants (e.g., hydrilla, survive many days out of water. If you (1) Rinse your boat and boating ° Eurasian water milfoil, and water are a water recreationalist (e.g., boater, equipment with hot (greater than 40 C ° hyacinth) may limit the viable fishing angler, water-skier, canoeist, or or 104 F) tap water. area of inland waters. You can help kayaker), there are some important (2) Spray your boat and trailer with prevent the transfer of ANS by following actions you can take to prevent the high-pressure water. the guidelines in this section whenever transport of ANS from one waterbody to (3) Dry your boat and equipment for you engage in angling. another. at least 5 days.
For your information, the U.S. Fish (f) Seaplanes • Inspect and remove aquatic plants and Wildlife Service, in conjunction from the floats, wires or cables, and with Canadian officials and other Many ANS, such as the zebra mussel water rudders; partners, are implementing the 100th and Eurasian water milfoil, can be • Pump floats, which may contain unintentionally transported from one infested water; and Meridian Initiative, which focuses on • preventing the westward spread of zebra waterbody to another on the floats of If moored in waters infested by seaplanes. Therefore, it is important to mussels and other ANS by boat zebra mussels for extended periods, clean the aircraft to remove ANS before check the transom, chine, bottom, wheel inspections and by dissemination of traveling, rather than after landing at wells, and step area of floats (see posters, brochures, and other new locations. In addition, it is diagram 2). If zebra mussels are present information about ANS. There are many important for you to incorporate the on the floats, you can use (any) one of other State and Federal initiatives procedures listed here into the the following methods to remove or kill focusing on controlling the spread of operation of your seaplane. However, them: ANS. Consult your local Fish and plane safety is the first priority when (1) Wash the floats with hot water. Wildlife Service facility or other considering and following these (2) Spray the floats with high-pressure appropriate State or Federal natural guidelines. water. resource management agency for (3) Dry all parts of the floats for at Guidelines: additional information. least 5 days. Before entering the aircraft— Before takeoff—
1 American Fisheries Society, 1991, by Doug Jensen, Adapted from ‘‘Fisheries Scientist’s Pocket University of Minnesota Sea Grant Program. Reference’’ booklet by Iowa Chapter of the
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• Avoid taxiing through heavy • If aquatic plants remain visible on floats and should be cleaned regularly. surface growths of aquatic plants before floats or water rudders, return to the In remote locations, where zebra takeoff; lake and remove the plants. mussels are present, but where there are Storage or mooring— no provisions for drying, spraying, or • Raise and lower water rudders • Remove aircraft from the water, as treating the floats with hot water, the several times to clear off plants. This is often done at seaplane bases, and will also minimize cable stretch and best option available for preventing the allow all parts of the floats to dry. A few spread of the mussels is to hand-clean improve the effectiveness of the rudders days of hot, summer temperatures will the submerged portions of floats with a for steering. kill adult zebra mussels (longer drying scrub brush and to physically remove After takeoff— times of up to 10 days are required to adult mussels. (Aircraft moored for • Raise and lower water rudders kill adult mussels during cool, humid weather); and extended periods in zebra-mussel- several times to free fragments of • Aircraft moored for extended infested waters may have zebra mussels aquatic plants while over the waters you periods in zebra-mussel-infested waters attached to the floats and should be are leaving or while over land; and may have zebra mussels attached to the cleaned regularly.)
(g) Personal Watercraft for fragments of aquatic plants, and DEPARTMENT OF TRANSPORTATION Personal watercraft that have jet-drive remove them before you leave the access Coast Guard systems require some extra precautions area. to avoid ANS. A pump pulls water in After trailering and before re-use— [USCG±2000±7201] through an opening under the craft, and • Wash and dry your watercraft and the impeller (an internal propeller) equipment to kill or remove harmful Commercial Fishing Industry Vessel forces water out, moving the craft species that you did not see at the boat Advisory Committee (CFIVAC); forward. ANS can easily get lodged in launch. You can do this on your way Vacancies the jet-drive system and get transported if the watercraft is taken from one home or once you arrive home. Choose AGENCY: Coast Guard, DOT. one of the following methods of waterbody to another. A small piece of ACTION: Request for applications. Eurasian water milfoil, or other ANS, disinfection before transporting to caught in the impellers can infest a new another waterbody: SUMMARY: The Coast Guard seeks lake or river. Zebra mussels can survive (1) Rinse your watercraft and other applications for membership on the in excess water in the jet drive and equipment with hot (greater than 40 °C Commercial Fishing Industry Vessel spread to other waters. By applying the or 104 °F) tap water. Advisory Committee (CFIVAC). CFIVAC advises the Coast Guard on safety in the following guidelines, you can help (2) Spray your watercraft and trailer prevent the transfer of ANS via your commercial fishing industry. with high-pressure water. personal watercraft. DATES: Application forms should reach Guidelines: (3) Dry your watercraft and equipment us on or before June 1, 2000. for at least 5 days. In the water— ADDRESSES: You may request an • Avoid running the engine through Dated: April 7, 2000. application form by writing to aquatic plants near the boat access; and • Push or winch the watercraft up on Joseph J. Angelo, Commandant (G–MOC–3), U.S. Coast the trailer without running the engine. Director of Standards, Marine Safety and Guard, Room 1116, 2100 Second Street On the trailer— Environmental Protection. SW., Washington, DC 20593–0001, by • After you pull the watercraft from [FR Doc. 00–9248 Filed 4–12–00; 8:45 am] calling 202–267–2978; or by faxing 202– 267–0506. Send your application in the water, start the engine for 5 to 10 BILLING CODE 4910±15±U seconds to blow out any excess water written form to the above street address. and vegetation. (The dark, damp, This notice is available on the internet enclosed area of the impeller provides at http://dms.dot.gov. an ideal environment for aquatic FOR FURTHER INFORMATION CONTACT: nuisance plants to survive.); and Lieutenant Jennifer Williams, Assistant • After the engine stops, pull plants Executive Director of CFIVAC, or Ensign out of the steering nozzle. Inspect your Chris O’Neal, telephone (202) 267–2008, trailer and any other sporting equipment fax (202) 267–0506.
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SUPPLEMENTARY INFORMATION: The SUMMARY: The FAA is giving notice of in the Federal Register on August 31, Commercial Fishing Industry Vessel a specific delegation of authority from 1999 (64 FR 47361). Advisory Committee (CFIVAC) is a the FAA Administrator to the Associate The full text of the March 27, 2000 Federal advisory committee under 5 Chief Counsel/Director, Office of delegation from the Administrator to the U.S.C. App. 2. It advises the Assistant Dispute Resolution for Acquisition ODRA Director provides the ODRA Commandant for Marine Safety and (hereinafter the ‘‘ODRA Director’’), to Director with additional authority to act Environmental Protection, on the safe supplement and expand the authority on behalf of the Administrator with operation of U.S.-flag commercial conveyed under Title 14 CFR part 17 respect to ODRA bid protests and fishing vessels. This advice assists us in and the Administrator’s delegation of contract disputes as follows: In order to formulating regulations and programs July 29, 1998, in order to permit the render more efficient the FAA designed to improve safety on ODRA Director to issue final FAA acquisition dispute resolution process, commercial fishing vessels. Agency orders on behalf of the pursuant to 49 U.S.C. 106(f)(2), 49 CFIVAC meets at least once a year in Administrator in certain bid protests U.S.C. 46101, et seq., Public Law 104– different seaport cities nationwide. and contract disputes filed with the 50 and 14 CFR Part 17, I hereby delegate Special meetings may also be called. FAA Office of Dispute Resolution for to the Associate Chief Counsel/Director, Subcommittee meetings are held to Acquisition. The delegation was set Office of Dispute Resolution for consider specific problems as required. forth in a memorandum signed by the Acquisition (ODRA) authority to We will consider applications for six Administrator dated March 27, 2000. execute and issue on behalf of the positions that expire or become vacant The FAA is publishing the text of the Administrator, orders and final in October 2000 in the following delegation, so that it is available to decisions for the FAA in all matters categories: (a) Commercial Fishing interested parties. within the ODRA’s jurisdiction, Industry (four positions); (b) General provided that such matters involve Public (one position); (c) Surveyor/ FOR FURTHER INFORMATION CONTACT: either: (1) A bid protest concerning an Naval Architect (one position). To be Marie A. Collins, Staff Attorney and acquisition having a value or potential eligible, you should have experience in Dispute Officer for the Office of Dispute value of not more than one million the operation of commercial fishing Resolution for Acquisition (ACG–70), dollars ($1,000,000.00); or (2) a contract vessels, maritime safety, safety Federal Aviation Administration, 400 dispute involving a total amount in education, or marine surveying/naval Seventh Street, SW, Room 8332, dispute, exclusive of interest, legal fees architecture. Each member serves for a Washington, DC 20590; telephone (202) or costs, of not more than one million term of 3 years. A few members may 366–6400; facsimile (202) 366–7400. dollars ($1,000,000.00). The Associate serve consecutive terms. All members SUPPLEMENTARY INFORMATION: Under the Chief Counsel/ODRA Director further is serve at their own expense and receive Department of Transportation and authorized to execute and issue orders no salary, however members will be Related Agencies Appropriations Act of and final decisions on behalf of the reimbursed for travel expenses. 1996, Public Law 104–50, 109 Stat. 436 Administrator for any applications In support of the U.S. Department of (1995) (‘‘Appropriations Act’’), Congress made pursuant to the Equal Access to Transportation’s policy on ethnic and directed the FAA to develop an Justice Act for matters within the gender diversity, we encourage qualified acquisition system that addresses the ODRA’s jurisdiction. women and members of minority groups mission and unique needs of the Agency The foregoing authority may not be re- to apply. and at a minimum, provides for more delegated. If you are selected as a member who timely and cost-effective acquisition of This delegation supplements and represents the general public, we will equipment and materials. In the expands the authority previously require you to complete a Confidential Appropriations Act, Congress expressly delegated by me on July 29, 1998. This Financial Disclosure Report (OGE Form directed the FAA to create the new delegation does not preclude the 450). We may not release the report or acquisition system without reference to Associate Chief Counsel/Director of the the information in it to the public, existing procurement statutes and ODRA from requesting, in any matter except under an order issued by a regulations. The result was the before the ODRA, that the order setting Federal court or as otherwise provided development of the FAA’s Acquisition forth the final decision of the FAA be under the Privacy Act (5 U.S.C. 552a). Management System (AMS) and the executed by the Administrator. Dated: April 3, 2000. establishment of the Office of Dispute Issued in Washington, DC, on March 27, Rear Admiral Robert C. North, Resolution for Acquisition (ODRA), 2000. Acting Assistant Commandant for Marine which is independent of the FAA’s James Whitlow, Safety and Environmental Protection. procurement offices and counsel. The Acting Chief Counsel. [FR Doc. 00–9249 Filed 4–12–00; 8:45 am] ODRA serves as the forum for [FR Doc. 00–9146 Filed 4–12–00; 8:45 am] BILLING CODE 4910±15±M administrative resolution and BILLING CODE 4910±13±M adjudication of bid protests and contract disputes arising from AMS acquisitions DEPARTMENT OF TRANSPORTATION and contracts. The ODRA’s mandate is DEPARTMENT OF TRANSPORTATION to resolve such bid protests and contract Federal Aviation Administration disputes in a timely and efficient Federal Aviation Administration manner, while emphasizing the use of [Docket No. FAA±1998±4379] alternative dispute resolution [Policy Statement Number ANM±99±2] techniques to the maximum extent Delegation of Authority Guidance for FAA Review of practicable. A final procedural rule that Certification Plans To Address Human AGENCY: Federal Aviation took effect on June 28, 1999 for ODRA Factors for Certification of Transport Administration (FAA), DOT. bid protests and contract disputes was Airplane Flight Decks published in the Federal Register on ACTION: Notice of delegation of June 18, 1999 (64 FR 34926). Technical AGENCY: Federal Aviation authority. corrections to the rule were published Administration, DOT.
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ACTION: Disposition of comments on about it, and invited comments from the policy concerning internal processes notice of policy statement. public on the policy. The FAA has given and procedures. By doing this, agencies due consideration to the comments are providing the public with access to SUMMARY: In this document, the FAA received, and this notice provides the information that previously would have addresses public comments that were FAA’s disposition of those comments. been released only as internal agency submitted in response to a previously memos and directives. Disposition of Comments published general statement of policy A general statement of policy may be that is applicable to the type The FAA received comments on the issued for different purposes, including: certification process of transport policy statement submitted by six • To advise the public of the manner category airplanes. The policy provides commenters, representing aviation in which the agency will exercise a guidance to FAA Certification Teams industry groups and manufacturers. discretionary power in subsequent that will enable them to conduct an Two commenters support the intent of adjudications or through rulemaking; or effective review of an applicant’s the policy. • To provide guidance to agency Human Factors Certification Plan or the Several of the commenters suggest officials in exercising their discretionary human factors components of a general certain editorial changes (i.e., word powers (and, at the same time, notify Certification Plan, when one is choices, formatting, and additional the public of this guidance). references) to improve the clarity and submitted as part of a type certification A general statement of policy may be readability of the policy. The FAA may (TC), supplemental type certification issued to different audiences: Often consider these suggested changes if the (STC), or amended type certificate policy statements address agency policy statement is updated and (ATC) project. This notice is to advise personnel, and sometimes they address republished in the future. the public of the FAA’s response to the the public. comments that were submitted. The remainder of the comments generally fall within three specific A general statement of policy is ‘‘non- FOR FURTHER INFORMATION CONTACT: binding.’’ This means that it does not Sharon Hecht, Federal Aviation subject areas. These are addressed below. constitute a new regulation and the Administration, Transport Airplane agency cannot apply or rely upon it as Directorate, Transport Standards Staff, 1. Status and Effect of the General law. Because they are non-binding, Airplane & Flight Crew Interface Statement of Policy general statements of policy preserve Branch, ANM–111, 1601 Lind Avenue Many of the comments concerned the the flexibility of the affected agency SW., Renton, Washington 98055–4056; nature of policy statements overall and personnel and their opportunity to make telephone (425) 227–2398; facsimile the policy process in particular. The individualized determinations. (425) 227–1100; e-mail: commenters question the ‘‘effect’’ of the When a general statement of policy [email protected]. policy, and whether the policy is only announces what the agency has SUPPLEMENTARY INFORMATION: ‘‘proposed’’ or ‘‘final.’’ One commenter established as a policy, and/or merely provides guidance to agency officials in Background is not clear if the policy statement ‘‘has reached the stage of being official FAA exercising their discretionary powers, a On October 6, 1999, the FAA policy.’’ One commenter refers to the public notice-and-comment procedure published in the Federal Register (64 policy as ‘‘interim,’’ while another is not required under the Administrative FR 54399) a general statement of policy considers it to be ‘‘proposed.’’ Procedure Act. Unless the issuing comprising guidance to FAA personnel Another commenter is concerned that agency specifically states that the policy for reviewing certain certification plans the policy, while not creating any new is ‘‘proposed’’ and requests comments for transport category airplanes. rules, implies new requirements or from the public to help in developing Specifically, the policy statement practices. This commenter notes that the the final policy, a general statement of provided internal guidance to FAA policy statement contained several policy may be considered effective Certification Teams that will enable examples where the discussion moved when it is published in the Federal them to conduct an effective review of into methods and processes for Register (and it may have been in effect an applicant’s Human Factors compliance that would be ‘‘more within the agency even before Certification Plan (or the human factors appropriate as guidance material.’’ This publication). components of a general Certification commenter also is concerned about In the case of the general statement of Plan), when one is submitted at the updating the policy statement’s policy that is the subject of this notice, beginning of a type certification (TC), appendices on a continuing basis (as the FAA issued it as internal guidance supplemental type certification (STC), was indicated in the notice). The to FAA Certification Teams. As or amended type certificate (ATC) commenter contends that the practice of indicated in the published policy project. The guidance described the updating material of this kind without statement, this guidance was necessary sections of a typical Human Factors prior public review ‘‘appears to be because increasing numbers of Certification Plan and the information outside the current practices of applicants have asked for assistance that would be appropriate for inclusion generation of advisory and rulemaking from the FAA in developing Human in each section. The purpose of a material.’’ Factors Certification Plans. Given this Human Factors Certification Plan is to As evidenced from these comments, trend, the Transport Airplane facilitate the establishment early on of the FAA acknowledges that there clearly Directorate developed this guidance to an effective working relationship and is some confusion regarding the effect, assist FAA Certification Team members agreement between the FAA and the intent, and meaning of published in working with applicants who are applicant about the means by which general statements of policy. In an effort attempting to develop Human Factors human factors issues will be addressed to clarify this issue, the FAA offers the Certification Plans, as well as in during a certification project. following explanation: reviewing these plans after they have Although the policy was intended for In a commitment to bring more been submitted. The guidance provided internal use by FAA Certification transparency to government, Federal is based on current regulations and Teams, the FAA published it in the agencies have begun to publish in the practices; it does not add any new Federal Register to notify the public Federal Register general statements of requirements.
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Although the policy was directed Certification Teams address issues early For several reasons, the FAA does not toward FAA personnel, the FAA in the certification process, thereby concur with the commenters’ assertions considered that it also would be of use decreasing the applicant’s certification that the HFHWG is the appropriate to applicants: If applicants were to risk in cost or schedule. entity for issuing guidance such as that develop a Certification Plan, they could As stated previously, the number of contained in the policy statement. use the information in the policy applicants asking for assistance from the First, the described policy relates to statement as a basis for communicating FAA in developing and/or reviewing an internal FAA process. Such their approach to addressing the human Human Factors Certification Plans has processes are developed independent of factors aspects of their project. increased in recent years. In light of ARAC activities, and the role of ARAC Although this policy is new, and may this, the FAA has seen a clear need to groups does not include defining how change as issues, technology, and provide guidance at this time to FAA the FAA operates internally. regulations evolve, the FAA considers it Certification personnel to assist them in Second, the HFHWG was tasked with to be currently in effect. FAA personnel helping these applicants develop plans, activities that are different from and have the discretion of applying the as well as in reviewing the plans that beyond the guidance provided by the policy’s guidelines, or not applying are submitted. The FAA considers that policy statement. The HFHWG is to them when inappropriate. this formal internal policy is necessary review relevant existing regulations and 2. The Current Need for the Policy to ensure standardization of internal advisory material, and make procedures and consistent application recommendations about what regulatory Some commenters state that the of human factors in the certification standards and/or advisory material policy is premature and should not be process. should be updated or developed to issued at this time for use in type Accordingly, the FAA regards the consistently address (1) design-related certification programs. These flight crew performance vulnerabilities, commenters state that there is no guidance as necessary, and does not consider it premature. and (2) prevention and management of current official requirement for a flight crew error. In contrast, the policy Human Factors Certification Plan, and 3. The Task of the Human Factors statement describes methods for the policy will only lead to confusion Harmonization Working Group considering applicants’ proposals for for applicants, aircraft manufacturers, Several of the commenters express compliance with existing requirements. and regulatory authorities. Several The possible products of the HFHWG commenters suggest that the policy will concern that the development of guidance, such as that provided in the activity may or may not include the require significant interpretation by the information and material that is FAA Certification Teams and personnel policy statement, should have been left provided in the policy statement. It is at FAA Aircraft Certification Offices to the Human Factors Harmonization doubtful that the HFHWG will be (ACO). These commenters also state that Working Group (HFHWG). That focusing much attention on the human factors issues in flight deck Working Group was established (64 FR substance of the guidance contained in design are complex and there are other 39553, July 22, 1999) under the aegis of the policy statement. on-going efforts (discussed below) in the FAA-sponsored Aviation Third, the activities of the HFHWG place that will better address them on Rulemaking Advisory Committee are not scheduled to be completed until an international scale. These (ARAC), and its members represent approximately July 2002. As discussed commenters suggest that the FAA human factors experts from the aviation previously, the FAA saw a need for reconsider the need for this policy at community and government authorities. issuing the guidance as soon as this time. The FAA tasked ARAC to provide The FAA does not concur with these advice and recommendations as to the practicable to serve as an aid to FAA commenters’ suggestion that the policy need for regulations and/or advisory personnel in new certification projects. is not needed. The FAA has placed great material to address flight crew error and For these reasons, the FAA does not emphasis not only on the importance of flight crew performance considerations agree that the issuance of the policy human factors in design and in the flight deck certification process. statement in any way circumvents the certification, but on the need to define Subsequently, ARAC asked the HFHWG on-going work of the HFHWG. In the and understand how to apply human to address this task. long term, both the policy statement and factors practices to our existing One commenter states that by issuing the product(s) of the HFHWG will serve processes. The intent of the published the policy statement, the FAA appears as important initial steps in facilitating general statement of policy was to ‘‘to be attempting to bypass the purpose the institutionalization of formal address that need. of the HFHWG or to potentially procedures that systematically While it is true that there is no compromise that Group’s efforts.’’ incorporate human factors regulatory requirement for a ‘‘Human Several of the commenters state that the considerations into all aspects of Factors Certification Plan’’ (or for a FAA should not issue the policy as airplane design and certification. certification plan of any kind, for that official policy/guidance until the Conclusion matter), already many applicants for HFHWG activities are complete. One After due consideration of the public certification projects have developed commenter states that existing comments submitted, the FAA finds no such plans to communicate their regulations, advisory material, and reason to amend or otherwise modify approach to the identification and manufacturers’ human factors the general statement of policy as resolution of human factors issues. This certification policies adequately cover previously published. type of plan is proving to be an effective the interim period pending completion means by which to establish an early of the HFHWG’s activities. These Issued in Renton, Washington, on April 6, and formal written agreement between commenters assert there should not be 2000. the applicant and FAA on the separate FAA and HFHWG activity on Vi L. Lipski, certification basis, the methods of human factors issues, since it will likely Acting Manager, Transport Airplane compliance, and the schedules for lead to controversies, inconsistent Directorate, Aircraft Certification Service. completing the certification project. application of guidance/policy, and [FR Doc. 00–9214 Filed 4–12–00; 8:45 am] This approach has helped FAA dilution of the work of the HFHWG. BILLING CODE 4910±13±P
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DEPARTMENT OF TRANSPORTATION information meetings, and public extend freeway travel from eastern hearing will be provided in the local Union County, through Mecklenburg Federal Highway Administration news media. The draft EIS will be and Gaston Counties, to eastern available for public and agency review Cleveland County. The proposed facility Environmental Impact Statement: and comment prior to the public would address existing and anticipated Randolph County, NC hearing. future traffic congestion in the area as AGENCY: Federal Highway To ensure that the full range of issues well as improve driver safety through Administration, DOT. related to this proposed action are increased capacity and control of access. addressed and all significant issues ACTION: Notice of intent. The proposed action is consistent with identified, comments and suggestions the thoroughfare plans approved by the SUMMARY: The FHWA is issuing this are invited from all interested parties. Monroe and Mecklenburg-Union notice to advise the public that an Comments or questions concerning this Metropolitan Planning Organizations. environmental impact statement will be proposed action and the EIS should be Alternatives under consideration prepared for a proposed highway project directed to the FHWA at the address include: (1) No-Build; (2) Transportation in Randolph County, North Carolina. provided above. Systems Management (TSM); (3) Mass FOR FURTHER INFORMATION CONTACT: Mr. (Catalog of Federal Domestic Assistance Transit; (4) Improve Existing US 74; and Roy C. Shelton, Operations Engineer, Program Number 20.205, Highway Planning (5) Construction of a facility on new Federal Highway Administration, 310 and Construction. The regulations location. New Bern Avenue, Suite 410, Raleigh, implementing Executive Order 12372 Letters describing the proposed action North Carolina 27601. Telephone: (919) regarding intergovernmental consultation on and soliciting comments have been sent 856–4350. Federal programs and activities apply to this to appropriate Federal, State and local program). agencies. Public information meetings, SUPPLEMENTARY INFORMATION: The Issued on: April 4, 2000. meetings with local officials, and a FHWA, in cooperation with the North Roy C. Shelton, public hearing will be held. Information Carolina Department of Transportation on the time and place of the public (NCDOT), will prepare an Operations Engineer, Federal Highway Administration, Raleigh, North Carolina. information meetings, and public environmental impact statement (EIS) hearing will be provided in the local addressing proposed improvements to [FR Doc. 00–9227 Filed 4–12–00; 8:45 am] news media. The draft EIS will be the existing United States Route (US) 64 BILLING CODE 4910±22±M available for public and agency review corridor in the area of the City of and comment prior to the public Asheboro in Randolph County. As part DEPARTMENT OF TRANSPORTATION hearing. of this action, the NCDOT also proposes To ensure that the full range of issues to improve the access to the North Federal Highway Administration related to the proposed action are Carolina Zoological Park (NC Zoo). The addressed and all significant issues proposed improvements would involve Environmental Impact Statement: identified, comments and suggestions the construction of a four-lane, median- Union and Mecklenburg Counties, are invited from all interested parties. divided, controlled-access highway on North Carolina Comments and questions concerning the new location south of existing US 64 proposed action should be directed to from around SR 1326 (Stutts Road) west AGENCY: Federal Highway Administration. the FHWA at the address provided of Asheboro to around SR 2713 above. (Trogdon Hill Road) east of Asheboro. A ACTION: Notice of intent. controlled-access facility on new (Catalog of Federal Domestic Assistance SUMMARY: The FHWA is issuing this location also is proposed west of NC 159 Program Number 20.205, Highway Research notice to advise the public that an Planning and Construction. The regulations to improve access to the NC Zoo. environmental impact statement will be implementing Executive Order 12372 The purposes of the proposed action regarding the intergovernmental consultation include: (1) Improving traffic flow and prepared for a proposed highway project in Union and Mecklenburg Counties, on Federal programs and activities apply to levels of service on the section of US 64 this program). in the project study area; (2) Relieving North Carolina. congestion on US 64 in the City of FOR FURTHER INFORMATION CONTACT: Mr. Dated: April 4, 2000. Asheboro, thereby improving safety and Roy C. Shelton, Operations Engineer, Roy C. Shelton, reducing the number of accidents; (3) Federal Highway Administration, 310 Operations Engineer, Federal Highway Improving access to the NC Zoological New Bern Avenue, Suite 410, Raleigh, Administration, Raleigh, North Carolina. Park; and (4) Improving high-speed North Carolina 27601. Telephone: (919) [FR Doc. 00–9228 Filed 4–12–00; 8:45 am] regional travel along the US 64 856–4350. BILLING CODE 4910±22±M intrastate corridor. SUPPLEMENTARY INFORMATION: The Alternatives under consideration FHWA, in cooperation with the North include: (1) No-Build Alternative; (2) Carolina Department of Transportation DEPARTMENT OF TRANSPORTATION Transportation Systems Management (NCDOT), will prepare an (TSM) Measures; (3) Mass Transit environmental impact statement (EIS) Bureau of Transportation Statistics Alternative; (4) Improving the existing addressing proposed improvements to Agency Information Collection; facility; and (5) Constructing a facility the US 74 corridor between US 601, in Activity Under OMB Review; on new location south of existing US 64. Union County and I–485, in Letters describing the proposed action Mecklenburg County. The proposed Passenger Origin Destination Survey and soliciting comments have been sent action would involve the construction Report to appropriate Federal, State and local of a multi-lane divided, controlled ACTION: Notice. agencies. Public information meetings, access highway connecting US 601 to I– meetings with local officials, and a 485. The proposed facility is the final SUMMARY: In compliance with the public hearing will be held. Information link of the US 74 Intrastate Corridor Paperwork Reduction Act of 1995, on the time and place of the public identified for improvement and would Public Law 104–13, the Bureau of
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Transportation Statistics (BTS) invites Number of Respondents: 37. SUPPLEMENTARY INFORMATION: the general public, industry and other Estimated Time Per Response: 240 Bureau of Transportation Statistics, Federal Agencies to comment on the hours. BTS continuing need for and usefulness of Total Annual Burden: 35,520 hours. BTS collecting a sample of airline Needs and Uses: Survey data are used Title: Report of Financial and passenger itineraries with dollar value in monitoring the airline industry, Operating Statistics for Small Aircraft of the passenger ticket from large negotiating international agreements, Operators—Form 298–C. scheduled airlines. Comments are selecting new international routes and Type of Request: Extension of a requested concerning whether (a) the selecting U.S. air carriers to operate currently approved Collection. collections is still needed by DOT; (b) international routes. OMB Control Number: 2138–0009. BTS accurately estimated the reporting Issued in Washington, DC, on April 17, Form(s): BTS Form 298-C. burden; (c) there are other ways to 2000. Affected Public: Small certificated enhance the quality, utility and clarity Donald W. Bright, and commuter air carriers. of the information collected; and (d) Acting Director, Office of Airline Information, Abstract: Small certificated and there are ways to minimize reporting Bureau of Transportation Statistics. commuter air carriers submit BTS Form burden, including the use of automated [FR Doc. 00–9213 Filed 4–12–00; 8:45 am] 298–C, which provides basic financial, collection techniques or other forms of traffic, and operating data. DOT uses the BILLING CODE 4910±62±U information technology. data in safety surveillance, essential air DATES: Written comments should be service determinations, airport submitted by June 12, 2000. DEPARTMENT OF TRANSPORTATION improvement, air traffic control, setting ADDRESSES: Comments should be the Alaska mail rate, etc. directed to: Office of Airline Bureau of Transportation Statistics Estimated Annual Burden Hours: Information, K–25, Room 4125, Bureau 4,720. Reports, Forms and Recordkeeping of Transportation Statistics, Department ADDRESS: Send comments to the Office Requirements, Agency Information of Transportation, 400 Seventh Street, of Information and Regulatory Affairs, Collection Activity Under OMB Review SW., Washington, DC 20590–0001. Office of Management and Budget, 725– COMMENTS: Comments should identify AGENCY: Bureau of Transportation 17th Street, NW., Washington, DC the OMB #2139–0001 and submit a Statistics, DOT. 20503, Attention BTS Desk Officer. Comments are Invited on: Whether duplicate copy to the address listed ACTION: Notice. above. Commenters wishing the the proposed collection of information Department to acknowledge receipt of SUMMARY: In compliance with the is necessary for the proper performance their comments must submit with those Paperwork Reduction Act of 1995 (44 of the functions of the Department, comments a self-addressed stamped U.S.C. 3501 et seq.), this notice including whether the information will postcard on which the following announces that the Information have practical utility; the accuracy of statement is made: Comments on OMB Collection Request, ICR abstracted the Department’s estimate of the burden # 2139–0001. The postcard will be date/ below has been forwarded to the Office of the proposed information collection; time stamped and returned to the of Management and Budget, OMB for ways to enhance the quality, utility and commenter. extension of currently approved clarity of the information to be collections. The ICR describes the collected; and ways to minimize the FOR FURTHER INFORMATION CONTACT: nature of the information collection and burden of the collection of information Bernie Stankus, Office of Airline its expected burden. The Federal on respondents, including the use of Information, K–25, Bureau of Register Notice with a 60-day comment automated collection techniques or Transportation Statistics, 400 Seventh period soliciting comments on the other forms of information technology. Street, SW., Washington, DC 20590– following collection of information was A comment to OMB is most effective if 0001, (202) 366–4387. published on January 5, 2000, 65 FR OMB receives it within 30 days of SUPPLEMENTARY INFORMATION: 553–554. publication. OMB Approval No. 2139–0001 DATES: Comments must be submitted on Issued in Washington, DC, on April 7, Title: Passenger Origin Destination or before May 15, 2000. 2000. Survey Report. FOR FURTHER INFORMATION CONTACT: Donald W. Bright, Type of Review: Extension of a Bernie Stankus, (202) 366–4387, DOT, Acting Director, Office of Airline Information, currently approved collection. Office of Airline Information, Room Bureau of Transportation Statistics. Respondents: Large certificated air 4125, K–25, 400 Seventh Street, NW., [FR Doc. 00–9212 Filed 3–12–00; 8:45 am] carriers. Washington, DC 20590–0001. BILLING CODE 4910±FE±P
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Part II
Environmental Protection Agency 40 CFR Part 52 Approval and Promulgation of Implementation Plans; Arizona—Maricopa County PM–10 Nonattainment Area; Serious Area Plan for Attainment of the Annual PM–10 Standard; Proposed Rule Interim Final Determination That State Has Corrected the Plan Deficiency and Stay of Sanctions; Phoenix PM–10 Nonattainment Area, Arizona; Interim Rule
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ENVIRONMENTAL PROTECTION (AIR–2), U.S. Environmental Protection 1. Apply for an extension AGENCY Agency, Region 9, 75 Hawthorne Street, 2. Demonstrate the impracticability of San Francisco, California 94105, (415) attainment by December 31, 2001 40 CFR Part 52 744–1238, email: 3. Complied with the commitments and requirements in the SIP [AZ092±002; FRL±6575±3] [email protected]. 4. Include the most stringent measures SUPPLEMENTARY INFORMATION: 5. Demonstrate expeditious attainment Approval and Promulgation of a. Air quality modeling b. Control Implementation Plans; ArizonaÐ Table of Contents measures relied on for attainment Maricopa County PM±10 Summary of Today’s Proposals 6. Other factors that EPA may consider a. Nature and extent of nonattainment Nonattainment Area; Serious Area Plan Summary of the MAG Plan for Attainment of the Annual PM±10 b. Types and number of sources or other Standard PM–10 Air Quality in the Phoenix emitting activities Metropolitan Area c. Population exposure to concentrations above the standard AGENCY: Environmental Protection A. The Maricopa Nonattainment Area and its d. Presence and concentration of Agency (EPA). PM–10 Air Quality potentially toxic substances in the B. PM–10 Air Quality Planning in the ACTION: Proposed rule. particulate Phoenix Metropolitan Area e. Technological and economic feasibility C. Clean Air Act Sanctions on the Phoenix SUMMARY: EPA proposes to approve of controls Area provisions of the Revised MAG 1999 7. Conclusion on the extension request Serious Area Particulate Plan for PM–10 The Clean Air Act’s Planning Requirements H. Reasonable Further Progress (RFP) and for the Maricopa County (Phoenix) for Serious PM–10 Areas and EPA’s Quantitative Milestones Nonattainment Area, February 2000, Guidance on Meeting these Requirements 1. Reasonable further progress and the control measures on which it A. Implementation of Best Available Control 2. Quantitative milestones relies, that address the annual PM–10 Measures I. General SIP Requirements national ambient air quality standard. B. Implementation of Reasonably Available Proposed Action on Maricopa County Rules We also propose to grant Arizona’s Control Measures C. Extension of the Attainment Date beyond A. Rule 310 request to extend the Clean Air Act B. Rule 310.01 deadline for attaining the annual PM–10 2001 1. Apply for an attainment date extension C. Residential Woodburning Restriction standard in the Phoenix area from 2001 2. Demonstrate that attainment by 2001 is Ordinance to 2006. Finally, we propose to approve impracticable D. CAA Section 110(l) Finding two particulate matter rules adopted by 3. Complied with all requirements and Administrative Requirements the Maricopa County Environmental commitments in its implementation plan Services Department and Maricopa 4. Demonstrate the inclusion of the most Summary of Today’s Proposals County’s Residential Woodburning stringent measures We are proposing to approve the Restrictions Ordinance. 5. Demonstrate attainment by the most expeditious alternative date practicable serious area air quality plan for DATES: Comments on this proposal must D. Separating Our Rulemaking Actions on the attainment of the annual PM–10 be received in writing by June 12, 2000. Annual and 24-hour Standards standard in the Phoenix, Arizona, Comments should be addressed to the metropolitan area.1 Our proposed contact listed below. Discussion of the MAG Plan’s Compliance actions are based on our initial with Clean Air Act Requirements ADDRESSES: Comments may be mailed determination that this plan complies A. Completeness of the SIP Submittals with the Clean Air Act’s requirements to: Frances Wicher, Office of Air B. Adequacy of the Transportation Planning (AIR–2), EPA Region 9, 75 Conformity Budgets for attainment of the annual PM–10 Hawthorne Street, San Francisco, CA C. Emission Inventory standard in serious PM–10 94105–3901. D. Adequate Monitoring Network nonattainment areas. A copy of docket No. AZ–MA–00– E. Contribution to PM–10 Exceedances of Specifically, we propose to approve 001, containing the technical support Major Sources of PM–10 Precursors the following elements of the plan as document (TSD) and other material F. Implementation of Reasonably Available they apply to the annual PM–10 relevant to EPA’s proposed action, is and Best Available Control Measures standard: 1. Determination of significant sources • the base year emissions inventory of available for public inspection at EPA’s 2. Identification of potential BACM Region 9 office during normal business PM–10 sources, 3. Implementation of RACM and BACM • hours. and inclusion of MSM for each the demonstration that the plan A copy of the docket is also available significant source category provides for implementation of for inspection at: Arizona Department of a. Technology controls for on-road motor reasonably available control measures Environmental Quality, Library, 3033 N. vehicle exhaust (RACM) and best available control Central Avenue, Phoenix, Arizona b. Transportation control measures (TCMs) measures (BACM), 85012, (602) 207–2217. Maricopa for on-road motor vehicle exhaust and • the demonstration that attainment paved road dust of the PM–10 annual standard by the Association of Governments, 302 North c. Nonroad engines 1st Street, Phoenix, Arizona 85003, d. Paved road dust Clean Air Act deadline of December 31, (602) 254–6300. 2001 is impracticable, e. Unpaved parking lots • f. Disturbed vacant lands the demonstration that attainment Electronic Availability g. Unpaved roads of the PM–10 annual standard will This document and the Technical h. Construction sites and activities occur by the most expeditious Support Document (TSD) are also i. Agricultural sources alternative date practicable, in this case, available as electronic files on EPA’s j. Residential wood combustion December 31, 2006, Region 9 Web Page at http:// k. Secondary ammonium nitrate l. MCESD’s commitments to improve www.epa.gov/region09/air. 1 There are two separate national ambient air compliance and enforcement of its quality standards (NAAQS) for PM–10, an annual FOR FURTHER INFORMATION CONTACT: fugitive dust rules standard of 50 µg/m3 and a 24-hour standard of 150 Frances Wicher, Office of Air Planning G. Attainment Date Extension µg/m3.
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• the demonstration that the plan Finally, we are also evaluating and PM–10 Air Quality in the Phoenix provides for reasonable further progress proposing to act on the most recent Metropolitan Area and quantitative milestones, revisions to MCESD’s Rule 310, Fugitive • the demonstration that the plan A. The Maricopa Nonattainment Area Dust Sources (adopted February 16, and its PM–10 Air Quality includes to our satisfaction the most 2000) and Rule 310.01, Fugitive Dust stringent measures found in the from Open Areas, Vacant Lots, Unpaved The Maricopa County (Phoenix) PM– 10 nonattainment area is located in the implementation plan of another state or Parking Lots, and Unpaved Roadways eastern portion of Maricopa County and are achieved in practice in another state, (adopted February 16, 2000). We are encompasses the cities of Phoenix, and can feasibly be implemented in the also proposing to approve the revised area. Mesa, Scottsdale, Tempe, Chandler, • the demonstration that major Maricopa County Residential Glendale as well as 17 other sources of PM–10 precursors such as Woodburning Restrictions Ordinance jurisdictions and considerable nitrogen oxides and sulfur dioxide do (adopted November 17, 1999). unincorporated County lands.2 40 CFR not contribute significantly to violations As submitted, the revised MAG plan 81.303. The area is home to almost 3 of the annual PM–10 standard, and consists of the main plan document, million people. • the transportation conformity four volumes of technical appendices, The area violates both the annual and budget. and four volumes of commitments from 24-hour PM–10 standards. In 1990, the We are also proposing to grant various agencies to implement PM–10 area was designated nonattainment for Arizona’s request to extend the controls. The plan contains a 1994 PM–10 and classified as moderate. In attainment date for the annual PM–10 regional PM–10 emissions inventory 1996, because of continuing violations of both PM–10 standards, the area was standard from December 31, 2001 to and uses the urban airshed model/ reclassified to serious. 61 FR 21372 December 31, 2006. limited chemistry version (UAM/LC) to Finally, we are proposing to approve (May 10, 1996). Maricopa County’s fugitive dust rules, model air quality in 1995 as a base year As noted before, the principal Rules 310 and 301.01, and its residential and in 2006 as the attainment year. The contributors to elevated PM–10 levels in woodburning restriction ordinance. plan includes a BACM analysis and a the Phoenix area are fugitive dust This preamble describes our proposed demonstration that attainment by 2001 sources such as construction sites, actions on the Phoenix area plan and is impracticable. It also includes the unpaved roads, vacant lots and paved provides a summary of our evaluation of State’s request for a five year extension road dust. Also contributing to the PM– the plan. Our detailed evaluation of the of the attainment date, a demonstration 10 problem, but to a much lesser degree plan can be found in the technical that the plan provides for the most than fugitive dust, are internal and support document (‘‘EPA TSD’’) that stringent measures found in other areas’ external combustion sources including accompanies this proposal. A copy of plans or used in practice, and a directly-emitted PM–10 from the EPA TSD can be downloaded from demonstration of attainment by automobiles, trucks, construction our website or obtained by calling or December 31, 2006. The plan shows that equipment, bus, residential writing the contact person listed above. the principal sources contributing to woodburning and industrial, commercial, and residential use of Summary of the MAG Plan PM–10 exceedances in the Phoenix area are fugitive dust sources, such as natural gas and fuel oil. See MAG plan, We are evaluating and proposing construction sites, vacant lots, paved 3–5. action on the Revised Maricopa and unpaved roads, and various other B. PM–10 Air Quality Planning in the Association of Governments 1999 dust sources. The principal controls Phoenix Metropolitan Area Serious Area Particulate Plan for PM–10 for the Maricopa County Nonattainment relied on for attainment are controls on The MAG plan is the latest in a series Area, February 2000 (‘‘MAG plan’’). these fugitive dust sources. of air quality plans addressing the PM– This plan was developed by the The MAG plan addresses both the 10 problem in Phoenix. These previous Maricopa Association of Governments annual and 24-hour PM–10 standards. plans are: • (MAG), the lead air quality planning We are not at this time proposing any 1991 MAG Moderate Area Plan. agency in Maricopa County, with the actions regarding the plan’s compliance Arizona submitted this plan in 1991 and assistance of the Maricopa County with the statutory requirements relating revisions to it in 1993 and 1994. The Environmental Services Department to the 24-hour standard. As we explain 1991 plan contained a demonstration that attainment was impracticable by (MCESD), the Arizona Department of in more detail later, the annual PM–10 the CAA’s deadline for moderate areas, Environmental Quality (ADEQ), and the standard is a separate air quality December 31, 1994. We initially cities and towns in the Maricopa County standard from the 24-hour one; nonattainment area. ADEQ submitted approved this plan in 1995 (60 FR therefore, we can and must separately 18010 (April 10, 1995)); however, the the final plan as a revision to the evaluate a plan’s compliance with the Arizona State Implementation Plan (SIP) 9th Circuit Court of Appeals vacated our statutory requirements for each approval in 1996, finding among other on February 16, 2000. standard. We do not need to do these We are also evaluating and proposing things that the plan did not address the reviews concurrently. action on the December 11, 1997 24-hour PM–10 standard. Ober v. EPA, submittal of Serious Area Committed The MAG plan also contains 84 F.3d 304 (9th Cir. 1996). In 1998, we Particulate Control Measures for PM–10 contingency measures as required by disapproved the 1991 plan’s reasonably for the Maricopa County Nonattainment CAA section 172(c)(9). We are not available control measure (RACM) Area and Support Technical Analysis, proposing action on these contingency demonstration for the annual standard MAG, December 1997. This submittal measures at this time. Contingency because the plan failed to provide for contains additional control measures measures are a distinct provision of the the implementation of RACM on that are relied on in the MAG plan. We Clean Air Act that we may act on 2 The Maricopa nonattainment area also includes consider the measures in this submittal separately from the attainment the town of Apache Junction in Pinal County. to be part of the MAG plan and have requirements. Apache Junction is covered by a separate air quality evaluated them as such. plan and will be addressed in a later action.
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We have issued a General Preamble, BACM on source categories below a relating to the implementation of BACM 57 FR 13498 (April 16, 1992) and 57 FR proposed de minimis level would make is also a proposed finding that the plan 18070 (April 28, 1992), and Addendum the difference between attainment and provides for the implementation of to the General Preamble (‘‘Addendum’’), nonattainment by the serious area RACM. 59 FR 41998 (August 16, 1994), 6 deadline of December 31, 2001. C. Extension of the Attainment Date describing our preliminary views on We have outlined in our guidance a Beyond 2001 how we intend to review SIPs submitted multi-step process for identifying to meet the Clean Air Act’s BACM. Addendum at 42010–42014. The Section 188(e) of the Act allows us to requirements for PM–10 plans. We have steps are: extend the attainment date for a serious also issued other guidance documents 1. develop a detailed emission area for up to five years beyond 2001 if related to PM–10 plans or provisions of inventory of PM–10 sources and source attainment by 2001 is impracticable. these plans. These other guidance categories, However, before we may grant an documents will be cited as appropriate. 2. model to evaluate the impact on extension of the attainment date, the PM–10 concentrations over the State must first: A. Implementation of Best Available standards of the various sources and 1. apply to us for an extension of the Control Measures source categories to determine which PM–10 attainment date beyond 2001, Under section 189(b)(2), serious area are significant, 2. demonstrate that attainment by PM–10 plans must provide assurances 3. identify potential BACM for 2001 is impracticable, that BACM will be implemented in the significant source categories including 3. have complied with all area no later than four years after the their technological feasibility, costs, and requirements and commitments area is reclassified as serious. For energy and environmental impacts if applying to the area in its Phoenix, the BACM implementation needed to determine BACM, and implementation plan, 4. demonstrate to our satisfaction that deadline is June 10, 2000. 4. provide for the implementation of its serious area plan includes the most The Act does not define what the BACM or provide a reasoned stringent measures that are included in constitutes BACM. We consider BACM justification for rejecting any potential the implementation plan of any state to be a particular level of control, in this BACM. case the best, on a source or source and/or are achieved in practice in any category. More specifically, we have B. Implementation of Reasonably state and are feasible for the area, and defined BACM to be, among other Available Control Measures 5. submit a demonstration of attainment by the most expeditious things, the maximum degree of emission When a moderate area is reclassified reductions achievable from a source or alternative date practicable. to serious, the requirement to In determining whether to grant an source category which is determined on implement RACM in section a case-by-case basis, considering energy, extension and the appropriate length of 189(a)(1)(C) remains. Thus, a serious the attainment date extension, we may economic and environmental impacts. area PM–10 plan must also provide for Addendum at 42010. We also consider consider: the implementation of RACM as 1. the nature and extent of the BACM as going beyond existing RACM- expeditiously as practicable to the level controls, such as expanding the nonattainment problem, extent that the RACM requirement has 2. the types and number of sources or use of RACM controls (e.g., paving more not been satisfied in the area’s moderate other emitting activities in the area miles of unpaved roads). Addendum at area plan. (including the influence of 42013. Additionally, we believe that However, we do not normally conduct uncontrollable natural sources and BACM should emphasize prevention a separate evaluation to determine if a international transport), rather than remediation (e.g., preventing serious area plan’s measures also meet 3. the population exposed to track out at construction sites rather the RACM requirements as interpreted concentrations in excess of the standard, than simply requiring clean up of by us in the General Preamble at 13540. 4. the presence and concentration of tracked-out dirt). Addendum at 42013. This is because in our serious area potentially toxic substances in the mix A serious area plan must provide for guidance (Addendum at 42010), we of particulate emissions in the area, and the implementation of BACM on each interpret the BACM requirement, as 5. the technological and economic significant (i.e., non-de minimis) source generally subsuming the RACM feasibility of various control measures. category. Addendum at 42011. In requirement (i.e. if we determine that We may grant only one extension for guidance, we have established a the measures are indeed the ‘‘best an area and that extension cannot be for presumption that a ‘‘significant’’ source more than 5 years after 2001; that is, the µ 3 available,’’ we have necessarily category is one that contributes 1 g/m concluded that they are ‘‘reasonably extended attainment date can be no later or more of PM–10 to a location of an available’’). Therefore, a separate than December 31, 2006. CAA section annual standard violation. Addendum analysis to determine if the measures 188(e). at 42011. However, whether the represent a RACM level of control is not To date, we have not issued any threshold should be lower than this in necessary. Consequently, our proposed policy or regulation interpreting the any particular area depends upon the approval of the MAG plan’s provisions attainment date extension requirements specific facts of that area’s for urban areas like Phoenix. Therefore, nonattainment problem. Specifically, in 6 This principle is best illustrated by an example: before reviewing Arizona’s request for areas that are demonstrating attainment In Area A, attainment of the annual standard by an extension, we will first discuss how by December 31, 2001, it depends on December 31, 2001 requires that total PM–10 we propose to interpret section 188(e). whether requiring the application of emissions in the area be reduced to 200 tons per The following is our preliminary day (tpd). After application of BACM to all source BACM on source categories below a categories above the proposed de minimis level, interpretation of the section 188(e) proposed de minimis level would total emissions in the area are reduced to 220 tpd. requirements and we request comment meaningfully expedite attainment. In BACM on the proposed de minimis source on it. We emphasize that this is our areas that are claiming the categories would reduce total emissions a further 5 preliminary view and it is subject to tons to 215 tpd. Since application of BACM to the impracticability of attainment by proposed de minimis source categories still leaves modification as we gain more December 31, 2001, it depends upon emissions above the attainment level of 200 tpd, the experience reviewing on extension whether requiring the application of proposed de minimis level is appropriate. requests from other areas.
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We have listed above the five control measures in the SIP revisions it against the measures already adopted in requirements a State must meet before has submitted to us to address the CAA the area: we can consider granting an attainment requirements in sections 172 and 189 1. develop a detailed emission date extension. We discuss each for PM–10 nonattainment areas. inventory of PM–10 sources and source requirement in order: We read this provision not to require categories, 1. Apply for an Attainment Date the area to have a fully approved SIP 2. model to evaluate the impact on Extension that meets the CAA’s requirements for PM–10 concentrations over the moderate areas. We base this reading on standards of the various source The State must apply in writing to the plain language of section 188(e) categories to determine which are EPA for an extension of the attainment which requires the state to comply with significant for the purposes of adopting deadline. The request should all requirements and commitments MSM, accompany the SIP submittal containing pertaining to that area in the 3. identify the potentially most the most expeditious alternative implementation plan but does not stringent measures in other attainment demonstration. The public require that the state comply with all implementation plans or used in must be provided reasonable notice and requirements pertaining to the area in practice in other States for each a public hearing on the request before it the Act. For the same reason we also significant source category and, for each is submitted. read this provision not to bar an measure, determine their technological Extension requests are not SIP extension if all or part of an area’s and economic feasibility for the area, submittals per se and are therefore not moderate area plan is disapproved or 4. compare the potentially most subject to the requirements of the Clean has been promulgated as a FIP. stringent measures for each significant Air Act and our regulations for public source category against the measures, if notice and hearing on SIP revisions. 4. Demonstrate the Inclusion of the Most Stringent Measures any, already adopted for that source However, because they can greatly affect category, and the content and ultimate approvability The fourth extension criterion 5. provide for the adoption and of a serious area PM–10 plan, we believe requires the State to ‘‘demonstrate to the expeditious implementation of any a state must give the public an satisfaction of the Administrator that the MSM that is more stringent than opportunity, consistent with the plan for the area includes the most existing measures or, in lieu of requirements for SIP revisions, to stringent measures that are included in adoption, provide a reasoned comment on an extension request prior the implementation plan of any State, or justification for rejecting the potential to submitting it to us. are achieved in practice in any State, MSM, i.e., why such measures cannot 2. Demonstrate That Attainment by 2001 and can feasiblely be implemented in be feasiblely implemented in the area. is Impracticable the area.’’ CAA section 188(e). The level of control resulting from a In order to demonstrate The requirement for most stringent most stringent measure depends on how impracticability, the plan must show measures (MSM) is similar to the well other areas have chosen to control that the implementation of BACM (as requirement for BACM. We define their sources. If a source category has determined by our guidance) on BACM to be, among other things, the not been well controlled in other areas significant source categories will not maximum degree of emission reduction then MSM may in fact result in a rather bring the area into attainment by achievable from a source or source low level of control. This contrasts with December 31, 2001. BACM is the category which is determined on a case BACM which is determined required level of control for serious by case basis considering energy, independently of what other areas have areas that must be in place before the economic and environmental impacts. done and depends only on what is the 2001 attainment date; therefore, we Addendum at 42010. The Act best level of control feasible for an area. believe that it is reasonable to interpret establishes the deadline for Because BACM is the best level of the Act to require that a state provide for implementing BACM as four years after control feasible for an area, it would be at least the implementation of BACM on an area’s reclassification to serious. easy for the MSM requirement to result significant source categories before it CAA section 189(b)(1)(A). in no more controls and no more can claim impracticability of attainment We proposed to define a ‘‘most emission reductions in an area than by 2001. This interpretation parallels stringent measure’’ in a similar manner: result from the implementation of our interpretation of the impracticability the maximum degree of emission BACM. Given the strategy in the option for moderate PM–10 reduction that has been required or nonattainment provisions of the Act to nonattainment areas in section achieved from a source or source offset longer attainment time frames 189(a)(1)(B). In moderate areas, RACM category in other SIPs or in practice in with more stringent control was required before a moderate area other states and can feasiblely be requirements, we need to interpret the plan could show impracticability of implemented in the area. The Act does MSM provision to assure that it results attainment by 1994, the moderate area not specify an implementation deadline in additional controls beyond the set of attainment deadline. General Preamble for MSM. Because the clear intent of measures adopted as BACM. The at 13544. section 188(e) is to minimize the length primary ways to do this are (1) to The statutory provision for of any attainment date extension, we require that more sources and source demonstrating impracticability requires propose that the implementation of categories be subject to MSM analysis that the demonstration be based on air MSM should be as expeditiously as than to BACM analysis, that is, by quality modeling. See section practicable. lowering the threshold for what is 189(b)(1)(A). Given this similarity between the considered a de minimis source BACM implementation and MSM category and (2) to require reanalysis of 3. Complied With all Requirements and requirements, we believe that any measures garnered from other areas Commitments in its Implementation determining MSM should follow a that were rejected during the BACM Plan process similar to determining BACM, analysis because they could not be We interpret this criterion to mean but with one additional step, to compare implemented by the BACM- that the State has implemented the the potentially most stringent measure implementation deadline to see if they
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The suggested technology-based we can find that the MAG plan provides (described in the next section) in the measures for controlling emissions from for the inclusion of MSM to our MAG plan provides for the on-road motor vehicle exhaust fall into satisfaction absent the adoption and implementation of RACM and BACM one of five categories: new emission implementation of CARB diesel and the inclusion of MSM for on-road standards, inspection and maintenance because, based on information in the motor vehicle exhaust. programs, fuels, programs to encourage MAG plan, the on-road engine b. Transportation control measures alternative fueled vehicle usage, and category’s contribution to (TCMs) for on-road motor vehicle programs to accelerate fleet turnover. In nonattainment in the Phoenix area is exhaust and paved road dust. TCMs can total, the MAG plan considers 22 relatively low compared to other PM–10 reduce PM–10 emissions in both the on- technology-based control measures. See dust sources and implementation of road motor vehicle exhaust and paved MAG plan, Table 5–2. We believe this CARB diesel would not advance the road dust source categories by reducing list is complete and propose to find that attainment date. vehicle miles traveled (VMT) and the MAG plan evaluates a According to the MAG plan, the on- vehicle trips. They can also reduce comprehensive set of potential road motor vehicle category contributes vehicle exhaust emissions through just 1.3 percent of the pre-control technology-based controls for on-road relieving congestion. Our serious area inventory in 2006, compared to motor vehicle exhaust emissions PM–10 guidance requires that plans construction dust at 43.8 percent, paved including the potentially most stringent identifying on-road motor vehicles as a road dust at 20.4 percent, unpaved road measures from other states. significant sources must also evaluate dust at 13.1 percent, and windblown For gasoline vehicles, Arizona has the TCMs listed in section 108(f) of the dust at 8.7 percent. MAG plan, Table 8– implemented one of the nation’s best CAA. Addendum at 42013. and most comprehensive enhanced I/M 3. Adoption of CARB diesel would In our review, we have primarily programs including expanding the generate a total reduction of 0.8 mtpd in assessed the MAG plan’s provisions for program to areas surrounding Phoenix; 2006. MAG plan, p. 10–37. It takes a 4 implementing RACM and BACM and has adopted its own Clean Burning mtpd reduction to advance the annual including MSM through TCMs based on Gasoline program which mandates the standard attainment date one year (the the measures’ effectiveness in use of either Phase II federal minimum needed because it is an controlling directly-emitted PM–10 from reformulated gasoline or California annual standard), so reductions from vehicle exhaust. We have not assessed reformulated gasoline; offers generous implementation of this measure are the plan based on the TCMs’ potential tax credits and deductions for insufficient to advance the attainment benefit in controlling PM–10 precursors conversion of vehicles to alternative date. See section on RFP and such as NO and SO because (1) from fuels; and mandates federal, state, Quantitative Milestones. X X available ambient measurements, county, and municipal governments to As noted before, Arizona has in place neither nitrates nor sulfates are convert their fleets to alternative fuels. one of the nation’s most comprehensive important to overall PM–10 MAG plan, pp. 7–2 through 7–24. programs to address on-road motor Arizona has instituted a heavy duty vehicle emissions. With the additional concentrations in the Phoenix area (See diesel I/M program, will require pre- measures in the MAG plan (including a EPA TSD section, ‘‘BACT for Major 1988 HDDV registered in the Phoenix more stringent diesel I/M program and Stationary Sources of PM–10 nonattainment area to meet 1988 federal measures both encouraging and Precursors’’ which shows that total emission standards starting in 2004, has requiring diesel fleet turnover) the secondary particulates accounted for µ 3 established a voluntary vehicle repair overall mobile source program is less than 4 g/m in 1995) and (2) strengthened and goes beyond the and retrofit program to encourage Arizona has already targeted mobile existing program. Both strengthening retrofitting and overhaul of heavy duty source NOX and SOX through an and expanding existing programs are diesel engines to reduce emissions, and aggressive set of mobile source controls key criteria for demonstrating the has limited diesel sulfur content to 500 which we believe cover the implementation of BACM. See parts per million (ppm). MAG plan, implementation of RACM and BACM Addendum at 42013. Where the MAG Chapter 7. and inclusion of MSM requirements for The California Air Resources Board’s plan has rejected potential BACM, it tailpipe NOX and SOX. See discussion diesel fuel standards (CARB diesel) is provides a reasoned and acceptable immediately above on technology one of the few identified motor vehicle justification for the rejection. controls for on-road motor exhaust. The MAG plan identified just a few controls not adopted by the State. The In total, the MAG plan identifies 19 measures from other areas as being more plan identifies this measure as a TCMs for consideration including the stringent than existing programs. These potential MSM. MAG plan, Table 10–7. CAA section 108(f) measures. The plan measures have either been adopted or The MAG plan claims that the measure does not identify any potentially more we have concluded that the measures is unreasonable on a cost basis. MAG stringent TCMs from other areas. See need not be included to assure the plan, p. 9–46. We make no judgement EPA TSD section ‘‘Implementation of inclusion of MSM. BACM and MSM for On-Road Motor on this claim given the great uncertainty All the adopted BACM and MSM are Vehicle Exhaust and Paved Road Dust regarding the potential cost of already implemented, except for one. (TCMs).’’ We believe that this list is implementing CARB diesel in the The requirement that pre-1988 heavy complete and propose to find that the Phoenix area. We do note that the State duty diesel vehicles registered in the MAG plan evaluates a comprehensive has already adopted half of the CARB nonattainment area meet 1988 federal set of potential TCMs for on-road motor diesel standards, the 500 ppm sulfur emission standards will not be 11 vehicle exhaust emissions and the limit. implemented until January 1, 2004 in potentially most stringent measures Under our proposed policy for MSM order to provide sufficient lead time for from other States. in extension requests, we believe that modification or replacement of the non- complying heavy duty diesel vehicles. Arizona has a long history of adopting 11 The other CARB diesel standard is a limit on and then enhancing programs to reduce the aromatic hydrocarbon content of no more than We, therefore, propose to find that the 10 percent by volume. CARB, Fact Sheet on combination of on-road motor vehicle emissions from on-road motor vehicles California Diesel Fuel, March 1997. technology controls and TCMs by reducing vehicle miles traveled,
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Moreover, as noted above, the statute fireplaces and woodstoves as well as combustion. Except for the adoption of provides for BMP implementation that barbecues and firepits. a lower threshold for calling no burn begins with an education program by Measures to control PM–10 from episodes, the plan does not provide for June 10, 2000 and culminates in full residential woodburning include public the adoption of any of these measures implementation of the BMPs by education program, woodburning but provides reasoned and acceptable December 31, 2001. 28 curtailment programs, retrofit justifications for their rejection. Similarly, we have concluded that the requirements and restrictions or bans on Therefore, we propose to find that the definition of BMPs in the Arizona the installation of woodburning stoves MAG plan provides for the inclusion of statute is broad enough to authorize the and/or fireplace. In total the MAG plan MSM. BMP committee to adopt measures that list 11 potential BACM and 10 potential k. Secondary ammonium nitrate. meet the level of control in the MSM. MAG plan Tables 5–2 and 1–7. Secondary ammonium nitrate is formed requirement to include MSM in CAA We believe this list is complete and by a chemical reaction in the section 188(e) as we propose to interpret propose to find that the MAG plan atmosphere between oxides of nitrogen it in this proposed action. In reviewing evaluates a comprehensive set of (NOX) and ammonia (NH3). Ninety measures in other SIPs and/or that have residential woodburning measures. percent of NOX comes from motor been adopted elsewhere, MAG MCESD Rule 318, Approval of vehicle exhaust (both on and off road) determined that cessation of high wind Residential Woodburning Devices, and 99.9 percent of NH3 comes from tilling and soil erosion control plans establishes standards for the approval of animal wastes. See MAG plan, Table 3– were the most stringent measures residential woodburning devices that 1. available that had potential application can be used during restricted-burn Two potential BACM were identified for agricultural sources in Maricopa periods. Maricopa County’s Residential for ammonia nitrate control: Reduce County. MAG plan p. 10–47. These Woodburning Restriction Ordinance emissions of ammonia and nitrates from measures are included in South Coast provides that restricted-burn periods are agricultural operations and require Rule 403 which requires PM–10 declared by the Control Officer when animal waste management plans for controls for all fugitive dust sources, the Control Officer determines that air farms/ranches with more than 50 including agricultural sources. In pollution levels could exceed the CO animals. The first measure involves December 1998, South Coast adopted a standard and/or the PM standard (150 tilling in of manure used as fertilizer µ 3 set of conservation practices for g/m ). We approved Rule 318 and an within 48 hours of application. MAG agricultural sources to use to reduce earlier version of the ordinance (revised plan, Table 6–1, measure 97–AG–3. The fugitive dust. These practices were April 21, 1999) as providing for the second measure would focus on developed in consultation with affected implementation of RACM. See 64 FR reducing ammonia emissions from stakeholder groups. See Guide to 60678 (November 8, 1999). livestock waste during the winter Agricultural PM–10 Dust Control MCESD revised the ordinance on months when conditions are most Practices. The BMP task force will November 17, 1999 to allow the Control conducive to ammonium nitrate consider these measures during the Officer to declare restricted-burn formation. MAG plan, Appendix B, periods when the particulate matter development of the BMPs. MAG plan p. Exhibit 5, p. 5–70. For MSM, no pollution levels could exceed the 10–47. After the BMPs and supporting measures were found that required ‘‘particulate matter no-burn standard’’ of technical documents are submitted to animal waste management plans for 120 µg/m3. In addition, A.R.S. section EPA, we will review them to determine farms or ranches and no other measures 9–500.16 and A.R.S. section 11–875 if their level of control is as stringent as were identified. See MAG plan, Table (1998) require cities and the County to the South Coast rule or adequately 10–7. A large number of measures that adopt by December 31, 1998, an justifies why such level would not be could reduce NO emissions were ordinance that prohibits the installation x feasible in the Maricopa area. identified and have been evaluated for or construction of a fireplace or wood As discussed elsewhere in this TSD, on-road motor vehicles and nonroad stove unless it is a fireplace with a we propose to interpret section 188(e) to engines. We believe these list of permanently installed gas or electric log require implementation of MSM as measures is complete and propose to insert, a fireplace or wood stove that expeditiously as practicable. For the find that the MAG plan evaluates a meets EPA’s Phase II wood stove reasons stated above, in our FIP, and in comprehensive set of potential controls requirements, or a fireplace with a wood our approval of the State legislation as for ammonium nitrate. stove insert that meets EPA’s Phase II meeting the RACM requirements of the Data from earlier studies indicate that stove requirements. Most jurisdictions CAA, we conclude that the ammonia emissions would need to be have adopted or have committed to or implementation schedule in the State reduced by 80 percent to have an indicated that State law requires them to statute meets that test. Finally, we appreciable impact on ambient adopt the required ordinance. See MAG conclude that the commitment in the concentrations of ammonium nitrate. Plan, pp. 7–55 to 7–64. State legislation meets the requirement MAG plan, Appendix B, Exhibit 5, p. C– that ‘‘the plan include[s] the most With these additional controls, the overall residential woodburning 1. Essentially all ammonia emissions in stringent measures * * *.’’ Emphasis the inventory are from livestock and not added. restriction program is strengthened and goes beyond the existing RACM-level from the application of manure to j. Residential wood combustion. The agricultural fields. As result, controls on residential wood combustion (RWC) program. Both strengthening and expanding existing programs are key the application of manure are very category includes emissions from the unlikely to have any impact on PM–10 burning of solid fuel in residential criteria for demonstrating the implementation of BACM. See levels the Phoenix area and therefore are not technologically feasible. 29 The 28 Addendum at 42013. Where the MAG Of course, once adopted and submitted to EPA estimated reduction in ammonia from as a SIP revision, the individual BMPs will have to plan has rejected potential BACM, it be evaluated to determine if they comply in their provides a reasoned justification for the specifics with the BACM requirement. Here we 29 We consider a measure technologically feasible need only determine that the Arizona statute rejection. for an area only if it has the potential to reduce provides sufficient authority to assure that BACM The MAG plan identified a number of emissions in manner that reduces ambient will be implemented by June 10, 2000. potential MSM for residential wood concentrations in the area.
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September, 2000 and again in March demonstrates that attainment by 2001 is identifying candidate measures for any 2001 to evaluate progress and future impracticable with the implementation source category of PM–10 present in the needs. of BACM. Phoenix area. MAG plan, p. 10–25. To identify candidate MSM, MAG’s G. Attainment Date Extension 3. Complied With Commitments and contractor Sierra Research interviewed Requirements in the SIP 1. Apply for an Extension people knowledgeable about PM–10 We interpret this criterion to mean controls, reviewed the documents used We interpret this requirement to mean that the State has implemented the that the State must apply in writing for to develop the candidate list of BACM control measures in prior SIP revisions and obtained copies of current air an extension and that the extension it has submitted to address the CAA request must accompany the SIP quality control measures from most requirements in sections 172 and 189 other States including both SIP and non- submittal containing the demonstration for PM–10 nonattainment areas. It does SIP measures. MSM Study, p. 1–2. that the area will attain by the most not include measures being approved in After a comprehensive list of expeditious alternative date practicable. this action. candidate MSM was developed, each The public must be provided reasonable The two SIP revisions that Arizona measure was screened against the notice and a public hearing on the has submitted to address PM–10 are the corresponding Maricopa measure to request before it is submitted. 1991 MAG moderate area plan and the identify those with more restrictive MAG, as the lead air quality planning 1997 microscale plan. emission limitations, more extensive list agency for the Phoenix metropolitan The 1991 MAG plan includes a broad of affected sources, fewer exemptions, area, formally requested an extension of range of measures to address PM–10 and/or one or more substantive the PM–10 nonattainment deadline to including controls for constructions regulatory provisions not found in the December 31, 2006 based on sites, paved road, unpaved roads, Maricopa measure. The remaining MSM documentation in Chapter 10 of the unpaved parking areas, vacant lots, and were grouped by source category and MAG plan and Appendix C, Exhibit 5 of woodburning. The plan also included were either included in the plan or a the MAG plan. MAG plan, p. 10–2. This reasonably available control technology reasoned justification for rejecting the extension request is an integral part of for stationary sources and a wide range measure was provided. MSM study, the MAG plan and was subject to public of transportation control measures. The Table 3–1 and MAG plan, p. 10–46. hearing along with the rest of the plan. implementation of the measures in this We propose to find that the MAG plan 2. Demonstrate the Impracticability of plan are described in the MAG plan at demonstrate to our satisfaction that it Attainment by December 31, 2001 pp. 10–10 to 10–25. The principal includes the most stringent measures controls in this plan were Rule 310 and that are included in the implementation In order to demonstrate the County woodburning ordinances. plan of any State, or are achieved in impracticability, the plan must show The plan also contained a large number practice in any State, and can be that the implementation of BACM (as of commitments from the local feasibly be implemented in the Phoenix determined by our guidance) on jurisdictions to various measures. Most area. significant sources categories will not of the measures represented ‘‘business We have discussed identification and bring the area into attainment by as usual’’ actions by the jurisdictions to adoption of MSM and the rejection of December 31, 2001. do infrastructure (e.g., road) any MSM for each category deemed To demonstrate the impracticability of improvements, to implement existing significant for BACM earlier in this attainment by 2001, the MAG plan building codes or take actions already preamble. The MAG plan identifies derived from the air quality modeling a underway for the carbon monoxide three MSMs for categories considered de change in PM–10 concentrations per plan. MAG plan, pp. 10–13 through 10– minimis in the BACM analysis. These change in emissions using the modeled 24. categories are cattle feed lots, concentration for the year 2006 and The 1997 Microscale plan focused on incinerators, and charbroilers. observed concentration for the year fugitive dust sources such as Cattle feed lots: MCESD Rule 310.01 1995 at Greenwood monitor and the construction sites, vacant lots, unpaved requires that owners/operators of overall change in emissions between the roads, unpaved parking lots, and commercial feedlots and/or livestock two years. MAG plan, p. 8–10. Using agriculture. The principal controls in areas apply dust suppressants, apply this information, the plan estimates that this plan were improvements to the gravel, or install shrubs and/or trees the annual concentration in 2001 will be implementation of Rule 310 and within 50 to 100 feet of animal pens. µ 3 52.21 g/m after implementation of coordination with the cities to improve The MAG plan identifies South Coast BACM. Because the projected 2001 fugitive dust control. Implementation of Rule 1186 requirements for livestock annual concentration is still above the the measures in the Microscale plan are operations as a potentially more µ 3 50 g/m annual NAAQS, the MAG plan discussed in Maricopa County stringent requirements than Rule concluded that it was impracticable to commitments, 1998 Revised Measure 6. 310.01. However, the two rules control 30 attain by 2001. MAG plan, p. 8–10. From available information in the different sources at commercial Based on our analysis of control MAG plan, we believe that the feedlots/livestock areas. South Coast measures in the MAG plan as described commitments and requirements in these Rule 1186 requires controlling unpaved in the preceding sections, we propose to plans have been met. We, therefore, roads and hay grinding at dairy and find that the MAG plan provides for propose to find that the State has horse farms but does not address implementation of BACM as required by complied with the requirements and fugitive dust emissions from disturbed CAA section 189(b)(1)(C). Based on the commitments in its implementation open areas. MCESD Rule 310.01 modeling analysis in the plan, we also plan. controls fugitive dust emissions from propose to find that the MAG plan also disturbed open areas at dairies and 4. Include the Most Stringent Measures cattle lots, but not unpaved roads and 30 In addition the MAG plan shows that The MAG plan excluded no source hay grinding. implementation of controls on the de minimis source categories would not produce enough categories of directly-emitted PM–10 In the Maricopa County PM–10 emission reductions to show attainment in 2001. from its MSM analysis instead simply nonattainment area, there is only one MAG plan, p. 9–11. started its evaluation of MSM by cattle feedlot and less than half the
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TABLE 1±1.ÐCONTROL MEASURES RELIED ON IN THE ATTAINMENT DEMONSTRATION
Emission re- Measure Implementation mechanism duction (mtpd)
Strengthening and Better Enforcement of Fugitive Dust Rules Rule 310 and Maricopa County Commitments, 1999 Revised 60.6 (Construction sites). Measure 6. Unpaved roads and alleys ...... Rules 310 and 310.01, Maricopa County Commitments, 199 12.2 Revised Measures 6 & 17, City/Town Commitments for Un- paved Roads and Alleys. Unpaved parking lots ...... Rules 310 and 310.01 and Maricopa County Commitments, 3.7 1999 Revised Measure. Vacant disturbed lots ...... Rules 310 and 310.01 and Maricopa County Commitments, 1.8 1999 Revised Measure 6. 01PM±10 efficient street sweepers (MAG) ..... MAG Commitment, ``PM±10 Efficient Street Sweepers'' City/ 1.1 Town/County Commitments for Street Sweeping. Curbing, paving, or stabilizing shoulders on paved roads ...... City/Town/County Commitments for Stabilizing Shoulders ...... 1 Curbing paving or stabilizing unpaved access points ...... City/Town/County Commitments for Stabilizing Unpaved Ac- 0.4 cess Points. PM±10 episode thresholds ...... Maricopa County Residential Woodburning Restriction Ordi- 0.07 nance. Restaurant charbroiler controls (Maricopa County commitment) Maricopa County Commitment, 1999 Revised Measure 23 ...... 0.07 Cleaner Burning Gasoline ...... ADEQ Regulations (already SIP approved) ...... 0.03 Pre-1988 Heavy-Duty Diesel Vehicle Standards ...... A.R.S. 49±542 F.7...... 0.02 Coordinate traffic signals ...... City/Town/County Commitments for synchronizing traffic lights. 0.01
We have evaluated each of these percent rule effectiveness is the ability We have not established any explicit measure to ensure that it meets our SIP of a regulatory program to achieve all guidance for applying RE to particulate enforceability criteria. These criteria the emission reductions that could be matter sources. We know, however, that ensure that the measure’s compliance achieved by full compliance with the PM sources like VOC sources are not in requirements’applicability, performance applicable regulations at all sources at full compliance with applicable rules at standards, compliance schedule, and all times. all times; therefore, some RE factor monitoring methods—are clear. needs to be applied. For this We have established policies on We have also evaluated the emission rulemaking, we have applied the applying rule effectiveness factors for reductions credited to each measure to existing Agency RE guidance for VOC both base year and projected year ensure they are reasonable. In sources to emission reduction estimates particular, we looked at the reduction inventories of volatile organic for Rule 310 and Rule 310.01. estimates for Rules 310 and 310.01. compounds (VOC), a precursor to ozone. The items that influence compliance The MAG plan assumes an See General Preamble at 13503 and with a rule and thus the appropriate RE incremental increase in rule ‘‘Rule Effectiveness Guidance: factor are the clarity of the rule, its effectiveness for these rules from 66 Integration of Inventory, Compliance, compliance requirements and the percent in 1998 to 80 percent in 2006. and Assessment Applications.’’ USEPA, complexity of the controls required by MAG TSD, Appendix IV, Exhibit 1, OAQPS, EPA–452/R–94–001, January the rule; the source’s actions; and the Committed Measure 1. Rule 1994, (RE Guidance). In general, we implementing agency’s actions. See RE effectiveness (RE) accounts for emission encourage states to derive local Guidance, pp. Table 1–1 and Appendix reductions lost because of category-specific RE factors. If there are C. noncompliance, control equipment no such local RE factors, we require the Under our guidance, a state is allowed downtime, failure to apply adequate use of an 80 percent effectiveness and required to use a 80 percent RE controls, or failure to use control default value in VOC inventories. factor absent evidence to the contrary. equipment properly. One hundred General Preamble at 13503. General Preamble at 13503. In this case,
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• Specific control measures for standard at 150 µg/m3. The revised the revised Rule 310 and Rule 310.01. commercial feedlots and/or commercial ordinance allows the Control Officer to We, therefore, propose to find that livestock areas have been added, declare restricted-burn periods when approval of the revised Rule 310 and including: application of dust the particulate matter pollution levels Rule 310.01 will not interfere with suppressants or gravel, or installation of could exceed the ‘‘particulate matter no- plan’s compliance with the Clean Air shrubs and/or trees within 50 to 100 feet burn standard’’ of 120 µg/m3. The lower Act’s requirements for attainment, RFP, of animal pens. of the particulate matter no burn implementation of RACM and BACM, • The revised rule specifies that standard to 120 µg/m3 is the only and inclusion of the MSM as they apply unpaved roads with vehicular traffic of change made to the ordinance as it is to construction sites, unpaved roads, 250 or more must be stabilized by June currently approved in the SIP. unpaved parking lots, and disturbed 10, 2000 and unpaved roads with Because approving this revision will vacant lands. vehicular traffic of 150 or more must be strengthen the SIP and when combined Finally, we are proposing to find that stabilized by June 10, 2004. with the MAG plan’s other provision for the MAG plan provides for the • The revised rule specifies that residential woodburning will provide implementation of BACM and for the requirements to prevent vehicle for the implementation of BACM and inclusion of MSM for residential trespassing (section 301) apply to vacant the inclusion of the MSM, we are woodburning. These proposed findings lots and open areas that are 0.10 acre or proposing to approve it into the SIP. See are made in part based on the revised larger and have a cumulative of 500 section F.3.j. ‘‘Residential Wood ordinance. Therefore, we propose to square feet or more that are driven over Combustion.’’ find that our approving the ordinance and/or used by motor vehicles and/or will not interfere with the plan’s D. CAA Section 110(l) Finding off-road vehicles. compliance with the Act’s requirements • The revised rule specifies that CAA section 110(l) prohibits us from for the implementation of BACM and requirements to stabilize disturbed approving a revision to the applicable the inclusion of MSM as they apply to vacant lots and open areas (section 302) implementation plan if that revision residential woodburning. apply to lots/areas with 0.5 acre or more would interfere with any applicable We have previously found that the of disturbed surface. requirement concerning attainment and Arizona SIP provided for the We believe that Rule 310.01 is a reasonable further progress (RFP) or any implementation of RACM for residential considerable improvement over the SIP- other applicable requirement of the Act. woodburning. 64 FR 60678 (November approved version and, combined with We interpret section 110(l) to mean that 8, 1999). The State has now MCESD’s commitments to continue to we cannot approve a plan revision if strengthened its residential improve the Rule and enforcement and that revision would mean that the plan woodburning program, in part with the compliance with it and the would no longer provide for attainment revised ordinance; therefore, we commitments by the County and local or RFP as these are required by the CAA propose that approval of the revised jurisdictions to address unpaved roads, for that plan or if the revision would ordinance will not interfere with the unpaved parking lots, and vacant lots, mean that the plan would no longer Arizona SIP’s compliance with the provides for implementation of RACM meet another requirement of the Act requirement for the implementation of and BACM and the inclusion of the that applies to the plan. For a further RACM as it applies to residential MSM on the sources subject to it. We, discussion of this interpretation, see 61 woodburning. therefore, propose to approve Rule FR 51599, 51608 (October 3, 1996). Administrative Requirements 310.01 as adopted on February 16, 2000 We are proposing to revise the and submitted on March 2, 2000, into Arizona SIP to incorporate the revised Under Executive Order 12866 (58 FR the Arizona SIP. Rule 310, Rule 310.01 and the Maricopa 51735, October 4, 1993), this proposed We have described in more detail the County Residential Woodburning action is not a ‘‘significant regulatory strengthenings and other revisions to Ordinance in replacement of the action’’ and therefore is not subject to Rule 310.01 in section 6 of our TSD. previous version of Rule 310 approved review by the Office of Management and in August, 1997 and of the ordinance Budget. This proposed action merely C. Residential Woodburning Restriction approved in November, 1999. In approves state law as meeting federal Ordinance addition to the effect on attainment and requirements and imposes no additional Combined with MCESD Rule 318 RFP, the ‘‘other applicable requirement requirements beyond those imposed by ‘‘Approval of Residential Woodburning of the Act’’ that we must be concerned state law. Accordingly, the Devices’’ (adopted April 21, 1999; with for this proposal is the Act’s Administrator certifies that this approved November 8, 1999 (64 FR requirements for implementation of proposed rule will not have a significant 60678)), Maricopa County’s Residential RACM and BACM and the inclusion of economic impact on a substantial Woodburning Restriction Ordinance the MSM. number of small entities under the implements a mandatory woodburning We are proposing to approve the Regulatory Flexibility Act (5 U.S.C. 601 curtailment program. The curtailment expeditious attainment and RFP et seq.). program restricts the types of demonstrations in the MAG plan. These Because this rule proposes to approve woodburning devices that can be used demonstrations are in part dependent pre-existing requirements under state during periods of high PM–10 on approval of the revised Rule 310, law and does not impose any additional concentrations. The ordinance allows Rule 310.01, and the woodburning enforceable duty beyond that required the Control Officer to declare restricted- ordinance. by state law, it does not contain any burn periods when the particulate We are also proposing to find that the unfunded mandate or significantly or matter pollution levels could exceed the MAG plan provides for the uniquely affect small governments, as ‘‘particulate matter no-burn standard.’’ implementation of RACM and BACM described in the Unfunded Mandates The SIP-approved ordinance provides and the inclusion of the MSM for Reform Act of 1995 (Pub. L. 104–4). that restricted-burn periods are declared construction sites, unpaved roads, For the same reason, this proposed by the Control Officer when the Control unpaved parking lots, and disturbed rule also does not significantly or Officer determines that air pollution vacant lands. Again, these findings are uniquely affect the communities of levels could exceed the 24-hour PM in large part dependent on approval of tribal governments, as specified by
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Executive Order 13084 (63 FR 27655, for the State to use voluntary consensus implications of the rule in accordance May 10, 1998). This proposed rule will standards (VCS), we have no authority with the ‘‘Attorney General’s not have substantial direct effects on the to disapprove a SIP submission for Supplemental Guidelines for the States, on the relationship between the failure to use VCS. It would thus be Evaluation of Risk and Avoidance of national government and the States, or inconsistent with applicable law for us, Unanticipated Takings’’ issued under on the distribution of power and when reviewing a SIP submission, to the executive order. responsibilities among the various use VCS in place of a SIP submission This proposed rule does not impose levels of government, as specified in that otherwise satisfies the provisions of an information collection burden under Executive Order 13132 (64 FR 43255, the Clean Air Act. Thus, the the provisions of the Paperwork August 10, 1999), because it merely requirements of section 12(d) of the Reduction Act of 1995 (44 U.S.C. 3501 approves a state rule implementing a National Technology Transfer and et seq.). federal standard, and does not alter the Advancement Act of 1995 (15 U.S.C. List of Subjects in 40 CFR Part 52 relationship or the distribution of power 272) do not apply. and responsibilities established in the As required by section 3 of Executive Environmental protection, Air Clean Air Act. Order 12988 (61 FR 4729, February 7, pollution control, Intergovernmental This proposed rule also is not subject 1996), in issuing this proposed rule, we relations, Particulate matter, Reporting to Executive Order 13045 (62 FR 19885, have taken the necessary steps to and recordkeeping requirements. April 23, 1997), because it is not eliminate drafting errors and ambiguity, Authority: 42 U.S.C. 7401 et seq. economically significant. minimize potential litigation, and In reviewing SIP submissions, our provide a clear legal standard for Dated: April 3, 2000. role is to approve state choices, affected conduct. Laura Yoshii, provided that they meet the criteria of We have complied with Executive Acting Regional Administrator, Region IX. the Clean Air Act. In this context, in the Order 12630 (53 FR 8859, March 15, [FR Doc. 00–8833 Filed 4–12–00; 8:45 am] absence of a prior existing requirement 1988) by examining the takings BILLING CODE 6560±50±U
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ENVIRONMENTAL PROTECTION Technical Support Document (TSD) for attainment demonstration as they AGENCY the approval, are also available as an pertain to the annual standard.2 electronic file on EPA’s Region 9 Web Based on our proposed approval of 40 CFR Part 52 Page at http://www.epa.gov/region09/ the annual standard provisions in the [AZ092±002; FRL±6575±2] air. MAG plan elsewhere in today’s Federal Register, we believe that it is more FOR FURTHER INFORMATION CONTACT: likely than not that Arizona has Interim Final Determination that State Frances Wicher, Office of Air Planning, corrected the original deficiencies that has Corrected the Plan Deficiency and AIR–2, Air Division, U.S. prompted our disapprovals. Therefore, Stay of Sanctions; Phoenix PM±10 Environmental Protection Agency, we are taking this interim final Nonattainment Area, Arizona Region IX, 75 Hawthorne Street, San rulemaking action finding that the State Francisco, CA 94105, Telephone: (415) AGENCY: Environmental Protection has corrected the deficiencies. However, 744–1248, Email: Agency (EPA). we are also providing the public with a [email protected]. ACTION: Interim final determination. opportunity to comment on this interim SUPPLEMENTARY INFORMATION: final action. If, based on the comments SUMMARY: Elsewhere in today’s Federal I. Background on this action and the comments on our Register, EPA is proposing to approve proposed approval of the State’s under the Clean Air Act (CAA) On August 3, 1998, we disapproved submittal, we determine that the State’s provisions of the Revised MAG 1999 the provisions for implementing submittal does not comply with the Serious Area Particulate Plan for PM–10 reasonably available control measure CAA’s requirements for RACM and for the Maricopa County (Phoenix, (RACM) for the annual standard in the attainment and this interim final action Arizona) Nonattainment Area (MAG 1991 MAG Moderate Area PM–10 Plan was inappropriate, we will propose to plan), February 2000, and control because the plan failed to implement disapprove the State’s submittal and measures on which it relies, that RACM for a number of significant will take interim final action finding address the annual particulate matter sources of PM–10. We also disapproved that the State has not corrected the (PM–10) national ambient air quality the attainment demonstration because original disapproval deficiency. Upon a standard. Based on this proposed the failure to implement RACM meant final disapproval of the State’s approval, we are making an interim the plan no longer conclusively submittal, we would finalize the interim final determination that the State of demonstrated that attainment of the final finding, finding that the State has Arizona has corrected the deficiencies PM–10 standard by the end of 1994, the not corrected the deficiency. in the PM–10 state implementation plan moderate area attainment date, was This action does not stop the for the Phoenix area for which a impracticable. 63 FR 41326. sanctions clock that started for this area sanctions clock began on September 2, Our 1998 disapprovals started on September 2, 1998, the effective date 1998. This action will stay the sanction clocks under CAA section of our disapproval. However, this action imposition of the offset sanction and 179(a). Under section 179(a), once we will stay the imposition of the offset defer the imposition of the highway disapprove a state plan provision sanction and will defer the imposition sanction. Although this action is because it fails to meet a CAA of the highway sanction. See 40 CFR effective upon publication, we will take requirement, a State has 18 months to 51.31(d)(2)(i). If we take final action comment and will publish a final rule correct the deficiency that resulted in approving the MAG plan’s taking into consideration any comments the disapproval before the first of two implementation of RACM and received on this interim final sanctions goes into place.1 If the state attainment demonstration provisions for determination. still has not corrected the deficiency the annual standard, such action will DATES: This interim final determination with 24 months, the second sanction stop the sanctions clock and will lift any is effective April 13, 2000. goes into place. The offset sanction was imposed, stayed or deferred sanctions. Comments must be received by June imposed in the Phoenix nonattainment However, if at any time we determine 12, 2000. area on March 2, 2000. It will be that the State, in fact, did not correct the followed by the imposition of a second ADDRESSES: Written comments must be deficiencies, as appropriate, we either sanction, highway funding and approval submitted to Frances Wicher at the will withdraw this interim final limitations, on September 2, 2000 if we Region 9 office listed below. determination or take final action A copy of docket No. AZ–MA–00– do not defer or stop the sanction clock. finding that the State has not corrected 001, containing material relevant to this On February 16, 2000, Arizona the deficiencies. Such action will action and our proposed approval of the submitted the revised MAG serious area retrigger the sanctions consequences as MAG plan, is available for public PM–10 plan, Revised MAG 1999 Serious described in the sanctions rule. 40 CFR inspection at EPA’s Region 9 office Area Particulate Plan for PM–10 for the 52.31. Maricopa County (Phoenix, Arizona) during normal business hours. II. EPA Action A copy of the docket is also available Nonattainment Area, February 2000. In We are taking interim final action for inspection at: the Proposed Rule section of today’s Federal Register, we are proposing to finding that the State has corrected the Arizona Department of Environmental approve the plan’s provisions for the deficiencies that started the sanctions Quality, Library, 3033 N. Central implementation of RACM and the clock. Based on this action, imposition Avenue, Phoenix, Arizona 85012, of the offset sanction will be stayed and (602) 207–2217. 1 The two CAA sanctions are a limitation on Maricopa Association of Governments, certain highway approvals and funding and an 2 As a serious PM–10 nonattainment area, the 302 North 1st Street, Phoenix, increase in the offset ratio to 2 to 1 for any major plan must now provide for both the implementation Arizona 85003, (602) 254–6300. new stationary source or major modification. See of RACM and best available control measures CAA section 179(b). Our sanction regulations (BACM) under CAA section 189(a)(1)(C) and Electronic Availability provide that the first sanction to be imposed is the (b)(1)(B). While we also proposed to approve the offset ratio unless we have established at the time BACM provisions of the MAG serious area plan, This document, our proposed of the disapproval that the highway sanction will that determination is not relevant to the sanction approval of the MAG plan and the be first. 40 CFR 52.31(d). issue addressed here.
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Part III
Department of Justice Parole Commission
28 CFR Part 2 Paroling, Recommitting, and Supervising Federal Prisoners: Prisoners Serving Sentences Under the District of Columbia Code; Interim Rule and Proposed Rule
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DEPARTMENT OF JUSTICE Commissioner votes required if an planning process, and will retain the examiner panel decision is rejected; (b) 120-day limit. If release planning delays Parole Commission a provision allowing the Commission to have continued beyond the 120-day establish a presumptive parole date for limit, the Commission will either grant 28 CFR Part 2 any prisoner whose total point score parole or place the inmate on the next under the guidelines at § 2.80 will docket for a special reconsideration Paroling, Recommitting, and permit a grant of parole at the next hearing. A special reconsideration Supervising Federal Prisoners: rehearing (assuming continued positive hearing will be scheduled whenever it Prisoners Serving Sentences Under programming); (c) a provision requiring appears that the risk level presented by the District of Columbia Code that departures from the guidelines be the inmate is such that halfway house AGENCY: United States Parole consistent with the result indicated by placement (or other missing component Commission, Justice. the guidelines for other prisoners with of the release planning process) will be equivalent risk levels; (d) a provision essential for the parole of the prisoner ACTION: Interim rule with request for requiring that the factors justifying an comments. to meet the basic statutory criteria at upward departure be fully accounted for D.C. Code 24–204. For prisoners who SUMMARY: The U.S. Parole Commission in the initial continuance whenever are already in halfway houses at the 120 is amending the Interim Rules that went possible; and (e) a provision allowing day point, the Commission will order an into effect on August 5, 1998 for parole- the Commission, upon rescinding a appropriate retardation of the release eligible D.C. Code prisoners under the parole grant based upon the prisoner’s date on the assumption that such National Capital Revitalization and Self- misconduct, to sanction the misconduct prisoners will not wish to be returned Government Improvement Act of 1997. by reference to the guidelines at § 2.36 to a prison facility for a special The interim rules, which are if the misconduct is not sufficiently reconsideration rehearing. serious to warrant increasing the republished in their entirety in this Implementation publication, include a number of prisoner’s total point score by one full amendments intended both to improve point under § 2.80. The new presumptive date provision The regulations set forth below will clarity and to provide more explicit described above is intended to increase be applied to all prisoners serving policies with regard to the setting of the ability of prisoners and prison parole-eligible felony sentences under release dates and departures from the officials to accomplish the goals of the the District of Columbia Code, except guidelines. release planning process well in that the guidelines in § 2.80 will be DATES: Effective Date: May 15, 2000. advance of the actual release of the applied only to prisoners for whom the Comment Date: Comments must be prisoner. Timely release planning is initial parole hearing is conducted on or received by June 30, 2000. currently a serious issue for prison after August 5, 1998. Any provision in these regulations that refers to the ADDRESSES: Send comments to office of administrators. The setting of a General Counsel, U.S. Parole presumptive release date will not jurisdiction of the Parole Commission Commission, 5550 Friendship Blvd., deprive the prisoner of the rehearing over District of Columbia Code parolees Chevy Chase, Maryland 20815. that would normally be conducted, is intended to refer to the exercise of the authority that will be transferred to the FOR FURTHER INFORMATION CONTACT: except in instances where the Commission decides to reopen the case U.S. Parole Commission on August 5, Pamela A. Posch, Office of General 2000. Counsel, U.S. Parole Commission, 5550 and grant the prisoner an earlier date of Friendship Blvd., Chevy Chase, parole on the record. Setting a Regulatory Assessment Requirements Maryland 20815, telephone (301) 492– presumptive parole date up to nine 5959. months from the scheduled rehearing The U.S. Parole Commission has date will be consistent with the outcome determined that these amended interim SUPPLEMENTARY INFORMATION: Under otherwise expected by the prisoner, i.e., rules do not constitute a significant rule Section 11231 of the National Capital a rehearing followed by the granting of within the meaning of Executive Order Revitalization and Self-Government a parole effective date 6 to 9 months 12866. The amended interim rule will Improvement Act of 1997, Public Law from the date the rehearing was held. not have a significant economic impact 105–33, the U.S. Parole Commission For cases in which parole is denied upon a substantial number of small assumed the paroling jurisdiction of the through an upward departure, the entities within the meaning of the Board of Parole of the District of decisionmaking policies described Regulatory Flexibility Act, 5 U.S.C. Columbia on August 5, 1998. Interim above should be regarded as essential 605(b), and is deemed by the rules, with a request for public principles governing the application of Commission to be a rule of agency comment, were published at 63 FR any modern parole guideline system. practice that does not substantially 39172 (July 21, 1998), and have been Finally, the Commission decided not affect the rights or obligations of non- amended twice since that date at 63 FR to amend its rules to change the existing agency parties pursuant to Section 57060 (Oct. 26, 1998) and at 64 FR 5611 requirement that a parole effective date, 804(3)(C) of the Congressional Review (Feb. 4, 1999). once granted, shall not be retarded more Act. In the light of the Commission’s than 120 days for release planning experience under these interim rules, purposes without a hearing. The List of Subjects in 28 CFR Part 2 the rules are now being republished to Commission has experienced frequent Administrative practice and include a variety of amendments requests from prison officials for the procedure, Prisoners, Probation and ranging from minor drafting retarding of parole dates based upon parole. improvements to some more significant significant delays in moving parole issues of policy and procedure. grantees to pre-release halfway houses. The Amended Rules The more significant issues include: The Commission is working with prison (a) A provision requiring the officials in both District of Columbia Accordingly, the U.S. Parole concurrence of two Commissioner votes and federal facilities to expedite the Commission is adopting the following on all final decisions, with three halfway house placement and release amendment to 28 CFR Part 2.
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PART 2Ð[AMENDED] (c) The Commission shall have § 2.72 Hearing procedure. authority to recommend to the Superior (a) Each eligible prisoner for whom an 1. The authority citation for 28 CFR Court of the District of Columbia a initial hearing has been ordered shall part 2 continues to read as follows: reduction in the minimum sentence of appear in person before an examiner of Authority: 18 U.S.C. 4203(a)(1) and a District of Columbia Code prisoner, if the Commission. The examiner shall 4204(a)(6). the Commission deems such review with the prisoner the guidelines 2. Subpart C is revised to read as recommendation to be appropriate. at § 2.80, and shall discuss with the follows: (D.C. Code 24–201(c).) prisoner such information as the (d) The Commission shall have examiner deems relevant, including the Subpart CÐDistrict of Columbia Code authority to grant parole to a prisoner prisoner’s offense behavior, criminal Prisoners and Parolees who is found to be geriatric, history, institutional record, health Sec. permanently incapacitated, or status, release plans, and community 2.70 Authority and functions of the U.S. terminally ill, notwithstanding the support. If the examiner determines that Parole Commission with respect to the available file material is not District of Columbia Code offenders. minimum term imposed by the 2.71 Application for parole. sentencing court. (D.C. Code 24–263 adequate for this purpose the examiner 2.72 Hearing procedure. through 267.) may order the hearing to be postponed 2.73 Parole suitability criteria. (e) The Commission shall have to the next docket so that the missing 2.74 Decision of the Commission. authority over all District of Columbia information can be requested. 2.75 Reconsideration proceedings. Code felony offenders who have been (b) Parole hearings may be held in 2.76 Reduction in minimum sentence. released to parole or mandatory release District of Columbia facilities (including 2.77 Medical parole. District of Columbia contract facilities) 2.78 Geriatric parole. supervision, including the authority to return such offenders to prison upon an and federal facilities (including federal 2.79 Good time forfeiture. contract facilities). 2.80 Guidelines for D.C. Code offenders. order of revocation. (D.C. Code 24–206.) 2.81 Reparole decisions. (c) A prisoner appearing for a parole 2.82 Effective date of parole. § 2.71 Application for parole. hearing in a federal facility may have a 2.83 Release planning. (a) A prisoner (including a committed representative pursuant to § 2.13(b). A 2.84 Release to other jurisdictions. youth offender) desiring to apply for prisoner appearing for a parole hearing 2.85 Conditions of release. parole shall execute an application form in a facility other than a federal facility 2.86 Release on parole; rescission for as prescribed by the Commission. Such shall not be accompanied by counsel or misconduct. any other person (except a staff member 2.87 Mandatory release. forms shall be available at each institution and shall be provided to a of the facility) except in such facilities 2.88 Confidentiality of parole records. as the Commission may designate as 2.89 Miscellaneous provisions. prisoner who is eligible for parole suitable for the appearance of 2.90 Prior orders of the Board of Parole. consideration. The Commission may then conduct an initial hearing or grant representatives. (d) Prehearing disclosure of file Subpart CÐDistrict of Columbia Code: an effective date of parole on the record. material will be available to prisoners Prisoners and Parolees A prisoner who receives an initial and their representatives only in the § 2.70 Authority and functions of the U.S. hearing need not apply for subsequent case of prisoners confined in federal Parole Commission with respect to District hearings. facilities, and pursuant to § 2.55. of Columbia Code offenders. (b) To the extent practicable, the (e) A victim of a crime, or a (a) The U.S. Parole Commission shall initial hearing for an eligible adult representative of the immediate family exercise authority over District of prisoner who has applied for parole of a victim if the victim has died, shall Columbia Code offenders pursuant to shall be held at least 180 days prior to have the right: Section 11231 of the National Capital such prisoner’s date of eligibility for (1) To be present at the parole Revitalization and Self-Government parole. The initial hearing for a hearings of each offender who Improvement Act of 1997, Public Law committed youth offender shall be committed the crime, and 105–33, 111 Stat. 712, and D.C. Code scheduled during the first 120 days after (2) To testify and/or offer a written or 24–209. The rules in this Subpart shall admission to the institution that is recorded statement as to whether or not govern the operation of the U.S. Parole responsible for developing his parole should be granted, including Commission with respect to D.C. Code rehabilitative program. information and reasons in support of offenders and are the pertinent parole (c) A prisoner may knowingly and such statement. A written statement rules of the District of Columbia as intelligently waive any parole may be submitted at the hearing or amended and supplemented pursuant to consideration on a form provided for provided separately. The prisoner may section 11231(a)(1) of the Act. that purpose. A prisoner who declines be excluded from the hearing room (b) The Commission shall have sole either to apply for or waive parole during the appearance of a victim or authority to grant parole, and to consideration shall be deemed to have representative who gives testimony. In establish the conditions of release, for waived parole consideration. lieu of appearing at a parole hearing, a all District of Columbia Code prisoners (d) A prisoner who waives parole victim or representative may request who are serving sentences for felony consideration may later apply for parole permission to appear before an offenses, and who are eligible for parole and be heard during the next visit of the examiner (or other staff member), who by statute, including offenders who Commission to the institution at which shall record and summarize the victim’s have been returned to prison upon the the prisoner is confined, provided that or representative’s testimony. Whenever revocation of parole or mandatory the prisoner has applied for parole at new and significant information is release. (D.C. Code 24–208). The above least 60 days prior to the first day of the provided under this rule, the hearing authority shall include youth offenders month in which such visit of the examiner will summarize the who are committed to prison for Commission occurs. In no event, information at the parole hearing and treatment and rehabilitation based on however, shall such prisoner be heard at will give the prisoner an opportunity to felony convictions under the D.C. Code. an earlier date than that set forth in respond. Such summary shall be (D.C. Code 24–804(a).) paragraph (b) of this section. consistent with a reasonable request for
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(1) The prisoner has completed three (2) The Commission finds that: parole for which a prisoner may be years of the minimum term imposed by (i) The prisoner will not be a danger eligible. the court; to himself or others; and (b) A prisoner may be granted a (2) The prisoner has shown, by report (ii) Release on parole will not be geriatric parole if the Commission finds of the responsible prison authorities, an incompatible with the welfare of that: outstanding response to the society. (1) There is a low risk that the rehabilitative program(s) of the (c) A prisoner may be granted a prisoner will commit new crimes; and institution; medical parole on the basis of (2) The prisoner’s release would not (3) The prisoner has fully observed permanent and irreversible be incompatible with the welfare of the rules of each institution in which incapacitation only if the Commission society. the prisoner has been confined; finds that: (c) The seriousness of the prisoner’s (4) The prisoner appears to be an (1) The prisoner will not be a danger crime, and the age at which it was acceptable risk for parole based on both to himself or others because his committed, shall be considered in the prisoner’s pre-and post- condition renders him incapable of determining whether or not a geriatric incarceration record; and continued criminal activity; and parole should be granted prior to (5) Service of the minimum term (2) Release on parole will not be completion of the prisoner’s minimum imposed by the court does not appear incompatible with the welfare of sentence. necessary to achieve appropriate society. (d) A prisoner, or a prisoner’s punishment and deterrence. (d) The seriousness of the prisoner’s representative, may apply for a geriatric (d) If the Commission approves a parole by submitting an application to prisoner’s request under this section, an crime shall be considered in determining whether or not a medical the institution case management staff, application for a reduction in the who shall forward the application prisoner’s minimum term shall be parole should be granted prior to completion of the prisoner’s minimum accompanied by a medical report and forwarded to the U.S. Attorney for the any recommendations within 30 days. District of Columbia for filing with the sentence. (e) A prisoner, or the prisoner’s The Commission shall render a decision sentencing court. If the U.S. Attorney within 30 days of receiving the objects to the Commission’s representative, may apply for a medical parole by submitting an application to application and report. recommendation, the U.S. Attorney (e) In determining whether or not to the institution case management staff, shall provide the government’s grant a geriatric parole, the Commission who shall forward the application objections in writing for consideration shall consider the following factors accompanied by a medical report and by the Commission. If, after (D.C. Code 24–265(c)(1)–(7)): any recommendations within 15 days. consideration of the material submitted, (1) Age of the prisoner; The Commission shall render a decision the Commission declines to reconsider (2) Severity of illness, disease, or within 15 days of receiving the its previous decision, the U.S. Attorney infirmities; shall file the application with the application and report. (3) Comprehensive health evaluation; sentencing court. (f) A prisoner, the prisoner’s (4) Institutional behavior; (e) If a prisoner’s request under this representative, or the institution may (5) Level of risk for violence; section is denied by the Commission, request the Commission to reconsider (6) Criminal history; and there shall be a waiting period of two (2) its decision on the basis of changed (7) Alternatives to maintaining years before the Commission will again circumstances. geriatric long-term prisoners in consider the prisoner’s request, absent (g) Notwithstanding any other traditional prison settings. exceptional circumstances. provision of this section— (f) A prisoner, the prisoner’s (1) A prisoner who has been representative, or the institution, may § 2.77 Medical parole. convicted of first degree murder or who request the Commission to reconsider (a) Upon receipt of a report from the has been sentenced for a crime its decision on the basis of changed institution in which the prisoner is committed while armed under D.C. circumstances. confined that the prisoner is terminally Code 22–2903, 22–3202, or 22–3204(b), (g) Notwithstanding any other ill, or is permanently and irreversibly shall not be eligible for medical parole provision of this section— incapacitated by a physical or medical (D.C. Code 24–267); and (1) A prisoner who has been condition that is not terminal, the (2) A prisoner shall not be eligible for convicted of first degree murder or who Commission shall determine whether or medical parole on the basis of a physical has been sentenced for a crime not to release the prisoner on medical or medical condition that existed at the committed while armed under D.C. parole. Release on medical parole may time the prisoner was sentenced (D.C. Code 22–2903, 22–3202, or 22–3204(b), be ordered by the Commission at any Code 24–262). shall not be eligible for geriatric parole time, whether or not the prisoner has (D.C. Code 24–267); and § 2.78 Geriatric parole. completed his or her minimum (2) A prisoner shall not be eligible for sentence. Consideration for medical (a) Upon receipt of a report from the geriatric parole on the basis of a parole shall be in addition to any other institution in which the prisoner is physical or medical condition that parole for which a prisoner may be confined that a prisoner who is at least existed at the time the prisoner was eligible. 65 years of age has a chronic infirmity, sentenced (D.C. Code 24–262). (b) A prisoner may be granted a illness, or disease related to aging, the medical parole on the basis of terminal Commission shall determine whether or § 2.79 Good time forfeiture. illness if: not to release the prisoner on geriatric Although a forfeiture of good time (1) The institution’s medical staff has parole. Release on geriatric parole may will not bar a prisoner from receiving a provided the Commission with a be ordered by the Commission at any parole hearing, D.C. Code 24–204 reasonable medical judgment that the time, whether or not the prisoner has permits the Commission to parole only prisoner is within six months of death completed his or her minimum those prisoners who have substantially due to an incurable illness or disease; sentence. Consideration for geriatric observed the rules of the institution. and parole shall be in addition to any other Consequently, the Commission will
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POINT ASSIGNMENT TABLE
Salient Factor Score
Category I: Risk of Recidivism
10±8 (Very Good Risk): ...... +0 7±6 (Good Risk) ...... +1 5±4 (Fair Risk) ...... +2 3±0 (Poor Risk) ...... +3
Category II: Current or Prior Violence (Type of Risk)
Note: Use the highest applicable subcategory. If no subcategory is applicable, score = 0. A. Violence in current offense, and any felony violence in two or more prior offenses ...... +4 B. Violence in current offense, and any felony violence in one prior offense ...... +3 C. Violence in current offense ...... +2 D. No violence in current offense and any felony violence in two or more prior offenses ...... +2 E. Possession of firearm in current offense if current offense is not scored as a crime of violence ...... +2 F. No violence in current offense and any felony violence in one prior offense ...... +1
Category III: Death of Victim or High Level Violence
Note: Use highest applicable subcategory. If no subcategory is applicable, score = 0. A current offense that involved high level violence must be scored under both Category II (A, B, or C) and under Category III. A. Current offense was high level or other violence with death of victim resulting ...... +3 B. Current offense involved attempted murder, conspiracy to murder, solicitation to murder, or any willful violence in which the victim survived despite death having been the most probable result at the time the offense was committed ...... +2 C. Current offense involved high level violence (other than the behaviors described above) ...... +1 Base Point Score (Total of Categories I±III) ......
Category IV: Negative Institutional Behavior
Note: Use the highest applicable subcategory. If no subcategory is applicable, score = 0. A. Aggravated negative institutional behavior involving: (1) Assault upon a correctional staff member, with bodily harm inflicted or threatened, (2) Possession of a deadly weapon, (3) Setting a fire so as to risk human life,
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POINT ASSIGNMENT TABLEÐContinued
Salient Factor Score
(4) Introduction of drugs for purposes of distribution, or (5) Participating in a violent demonstration or riot +2 B. Ordinary negative institutional behavior ...... +1
Category V: Program Achievement
Note: Use the highest applicable subcategory. If no subcategory is applicable, score = 0. A. No program achievement ...... 0 B. Ordinary program achievement ...... ¥1 C. Superior program achievement ...... ¥2 Total Point Score (Total of Categories I±V) ...... lllll
(g) Definitions and instructions for (4) Other violence means any of the Possession for purposes of Category IIE application of point assignment table. following felony offenses that does not includes constructive possession. (1) Salient factor score means the salient qualify as high level violence— (8) Category IIIA applies if the death factor score set forth at § 2.20. (i) Robbery; of a victim is: (2) High level violence in Category III (ii) Residential burglary; (i) Caused by the offender, or (iii) Felony assault; (ii) Caused by an accomplice and the means any of the following offenses— (iv) Felony offenses involving a threat, (i) Murder; killing was planned or approved by the or risk, of bodily harm; offender in furtherance of a joint (ii) Voluntary manslaughter; (v) Felony offenses involving sexual criminal venture. (iii) Arson of a building in which a abuse or sexual contact. person other than the offender was (5) Attempts, conspiracies, and (9) In some cases, negative present or likely to be present at the solicitations shall be scored by reference institutional behavior that involves time of the offense; to the substantive offense that was the violence will result in a higher score if scored as an additional current offense (iv) Forcible rape or forcible sodomy object of the attempt, conspiracy, or under Categories II and/or III, than if (first degree sexual abuse); solicitation; except that Category IIIA shall apply only if death actually scored under Category IVA. In such (v) Kidnapping, hostage taking, or any cases, the prisoner’s point score is armed abduction of a victim during a resulted. (6) Current offense means any recalculated to reflect the conduct as an carjacking or other offense; additional current offense under (vi) Burglary of a residence while criminal behavior that is either: (i) Reflected in the offense of Categories II and/or III, rather than as a armed with any weapon if a victim was conviction, or disciplinary infraction under Category in the residence during the offense; (ii) Is not reflected in the offense of IVA. For example, the attempted murder (vii) Obstruction of justice through conviction but is found by the of another inmate will result in a higher violence or threats of violence; Commission to be related to the offense score when treated as an additional (viii) Any offense involving sexual of conviction (i.e., part of the same current offense under Categories II and abuse of a person less than sixteen years course of conduct as the offense of III, if the offense of conviction was of age; conviction). In probation violation scored under Category IIC only as (ix) Mayhem, malicious cases, the current offense includes both violence in current offense. If negative disfigurement, or any offense defined as the original offense and the violation institutional behavior is treated as an other violence in paragraph (g)(4) of this offense, except that the original offense additional current offense, points may section that results in serious bodily shall be scored as a prior conviction nonetheless be assessed under Category injury as defined in paragraph (g)(3) of (with a prior commitment) rather than IVA or B for other disciplinary this section; as part of the current offense, if the infractions. (x) Any offense defined as other prisoner served more than six months in (10) Superior program achievement violence in paragraph (g)(4) of this prison for the original offense before means program achievement that is section which the offender intentionally commencement of probation. beyond the level that the prisoner might discharged a firearm; (7) Category IIE applies whenever a ordinarily be expected to accomplish. (3) Serious bodily injury means bodily firearm is possessed by the offender (h) Guidelines for decisions at initial injury that involves a substantial risk of during, or used by the offender to hearing—adult offenders. In considering death, unconsciousness, extreme commit, any offense that is not scored whether to parole an adult offender at physical pain, protracted and obvious under Category II(A–D). Category IIE an initial hearing, the Commission shall disfigurement, or protracted loss or also applies when the current offense is determine the offender’s total point impairment of the function of a bodily felony unlawful possession of a firearm score and then consult the following member, organ, or mental faculty. and there is no other current offense. guidelines for the appropriate action:
Total points Guideline recommendation
(1) if points =0 ...... Parole at initial hearing with low level of supervision indicated. (2) if points =1 ...... Parole at initial hearing with high level of supervision indicated. (3) if points =2 ...... Parole at initial hearing with highest level of supervision indicated. (4) if points =3+ ...... Deny parole at initial hearing and schedule rehearing in accordance with § 2.75(c) and the time ranges set forth in paragraph (j) of this section.
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(i) Guidelines for decisions at initial hearing—youth offenders. In considering whether to parole a youth offender at an initial hearing, the Commission shall determine the youth offender’s total point score and then consult the following guidelines for the appropriate action:
Total points Guideline recommendation
(1) if points = 0 ...... Parole at initial hearing with conditions established to address treat- ment needs; (2) if points = 1+ ...... Deny parole at initial hearing and schedule a rehearing based on esti- mated time to achieve program objectives or by reference to the time ranges in paragraph (j) of this section, whichever is less.
(j) Guidelines for time to rehearing adult offenders. (1) If parole is denied or rescinded, the time to the subsequent hearing for an adult offender shall be determined by the following guidelines:
Base point score (categories I through III) Months to rehearing
0±4 ...... 12±18 5 ...... 18±24 6 ...... 18±24 7 ...... 18±24 8 ...... 18±24 9 ...... 22±28 10 ...... 26±32
(2) The time to a rehearing shall be determined by the prisoner’s base point score, and not by the total point score at the current hearing, which indicates only whether parole should be granted or denied. Exception: In the case of institutional misconduct deemed insufficiently serious to warrant the addition of one or more points for negative institutional behavior, the Commission may nonetheless deny or rescind parole and render a decision based on the guideline ranges at § 2.36. (3) At any initial hearing or rehearing, if the prisoner’s total point score is 4 or less, the Commission may order both a rehearing date and a presumptive parole date that is not more than 9 months from the rehearing date. Such presumptive date may be converted to a parole effective date following the rehearing, or the case may be reopened based on new favorable information and a parole effective date granted on the record. (k) Guidelines for decisions at subsequent hearing—adult offenders. In determining whether to parole an adult offender at a rehearing or rescission hearing, the Commission shall take the total point score from the initial hearing or last rehearing, as the case may be, and adjust that score according to the institutional record of the candidate since the last hearing. The following guidelines are applicable:
Total points Guideline recommendation if points = 0±3 ...... Parole with highest level of supervision indicated. if points = 4+ ...... Deny parole at rehearing and schedule a further rehearing in accord- ance with § 2.75(c) and the time ranges set forth in paragraph (j) of this section.
(l) Guidelines for decisions at subsequent hearing—youth offenders. (1) In determining whether to parole a youth offender appearing at a rehearing or rescission hearing, the Commission shall take the total point score from the initial hearing or last rehearing, as the case may be, and adjust that score according to the institutional record of the candidate since the last hearing. The following guidelines are applicable:
Total points Guideline recommendation if points = 0±3 ...... Parole with highest level of supervision indicated. if points = 4+ ...... Deny parole and schedule a rehearing based on estimated time to achieve program objectives or by reference to the time ranges in paragraph (j) of this section, whichever is less.
(2) Prison officials may in any case a parole candidate notwithstanding the that it relied on in departing from the recommend an earlier rehearing date guidelines, or to schedule a applicable guideline or guideline range. than ordered by the Commission if the reconsideration hearing at a time (2) If the prisoner is deemed to be a Commission’s program objectives have different from that indicated in poorer or more serious risk than the been met. paragraph (j) of this section. Unusual guidelines indicate, the Commission (m) Decisions outside the guidelines— circumstances are case-specific factors shall determine what Base Point Score all offenders. (1) The Commission may, that are not fully taken into account in would more appropriately fit the in unusual circumstances, waive the the guidelines, and that are relevant to prisoner’s case, and shall render its Salient Factor Score and the pre- and the grant or denial of parole. In such initial and rehearing decisions as if the post-incarceration factors set forth in cases, the Commission shall specify in prisoner had that higher Base Point this section to grant or deny parole to the Notice of Action the specific factors Score. If possible, the factors justifying
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(i) The Commission may require a rescinded for disciplinary infractions, parole records shall be confidential and parolee, where there is evidence of prior an appropriate sanction shall be shall not be disclosed outside the or current drug dependence or abuse, to determined either by adding the Commission except as provided in participate in a drug treatment program, appropriate points for negative paragraphs (b) and (c) of this section. which shall include at least two institutional behavior to the prisoner’s (b) Information that is subject to periodic tests to determine whether total point score, or by reference to release to the general public without the parolee has reverted to the use of drugs § 2.36 if the misconduct is not consent of the prisoner shall be limited (including alcohol). In such a case, the sufficiently serious to warrant a to the information specified in § 2.37(c). Commission will require that the continuance under § 2.80(j). A total (c) Information other than as parolee abstain from the use of alcohol point score of 0–2 shall be adjusted to described in paragraph (b) of this and/or all other intoxicants during and a total point score of 3 prior to adding section may be disclosed without the after the course of treatment. In the points for negative institutional consent of the prisoner only pursuant to event such condition is imposed prior to behavior pursuant to the Point the provisions of the Privacy Act of an eligible prisoner’s release from Assignment Table at § 2.80(f). 1974 (5 U.S.C. 552(b)). See § 2.56. prison, any grant of parole or reparole (c) After a prisoner has been granted shall be contingent upon the prisoner a parole effective date, the institution § 2.89 Miscellaneous provisions. shall notify the Commission of any passing all pre-release drug tests Except to the extent otherwise serious disciplinary infractions administered by prison officials. provided by law, the following sections committed by the prisoner prior to the (j) Parolees are expected by the in Subpart A of this part are also date of actual release. In such case, the Commission to understand the applicable to District of Columbia Code prisoner shall not be released until the conditions of parole according to their offenders: plain meaning, and to seek the guidance institution has been advised that no Sec. of their Community Supervision change has been made in the 2.5 (Sentence aggregation) Officers before engaging in any conduct Commission’s order granting parole. 2.7 (Committed fines and restitution orders) that may constitute a violation thereof. (d) A grant of parole becomes 2.8 (Mental competency procedures) Community Supervision Officers may operative upon the authorized delivery 2.10 (Date service of sentence commences) of a certificate of parole to the prisoner, 2.16 (Parole of prisoner in State, local, or issue instructions to parolees to refrain and the signing of that certificate by the territorial institution) from particular conduct that would prisoner, who thereafter becomes a 2.19 (Information considered) violate parole, or to take specific steps parolee. 2.22 (Communication with Commission) to avoid or correct a violation of parole, 2.23 (Delegation to hearing examiners) as well as such other directives as may § 2.87 Mandatory release. 2.30 (False information or new criminal be authorized by the conditions (a) When a prisoner has been denied conduct; Discovery after release) imposed by the Commission. parole at the initial hearing and all 2.32 (Parole to local or immigration subsequent considerations, or parole detainers) § 2.86 Release on parole; rescission for 2.56 (Disclosure of Parole Commission file) misconduct. consideration is expressly precluded by 2.63 (Rewarding assistance in the statute, the prisoner shall be released at prosecution of other offenders: criteria (a) When a parole effective date has the expiration of his or her imposed been set, actual release on parole on that and guidelines) sentence less the time deducted for any 2.66 (Aggregated U.S. and D.C. Code date shall be conditioned upon the good time allowances provided by sentences) individual maintaining a good conduct statute. record in the institution or prerelease (b) Any prisoner having served his or § 2.90 Prior orders of the Board of Parole. program to which the prisoner has been her term or terms less deduction for Any prior order entered by the Board assigned. good time shall, upon release, be of Parole of the District of Columbia (b) The Commission may reconsider deemed to be released on parole until shall be accorded the status of an order any grant of parole prior to the the expiration of the maximum term or of the Parole Commission unless duly prisoner’s actual release on parole, and terms for which he or she was reconsidered and changed by the may advance or retard a parole effective sentenced, except that if the offense of Commission at a regularly scheduled date or rescind and a parole date conviction was committed before April hearing. It shall not constitute grounds previously granted based upon the 11, 1987, such expiration date shall be for reopening a case that the prisoner is receipt of any new and significant less one hundred eighty (180) days. subject to an order of the Board of information concerning the prisoner, Every provision of this subpart relating Parole that fails to conform to a including disciplinary infractions. The to an individual on parole shall be provision of this part. Commission may retard a parole date for deemed to include individuals on Dated: April 5, 2000. disciplinary infractions (e.g., to permit mandatory release. the use of graduated sanctions) for up to Michael J. Gaines, 120 days without a hearing, in addition § 2.88 Confidentiality of parole records. Chairman, U.S. Parole Commission. to any retardation ordered under (a) Consistent with the Privacy Act of [FR Doc. 00–9050 Filed 4–12–00; 8:45 am] 2.83(d). If a parole effective date is 1974 (5 U.S.C. 552(b)), the contents of BILLING CODE 4410±31±U
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DEPARTMENT OF JUSTICE decided to republish these regulations, violator, the federal authorities should with appropriate amendments, in the have some reasonable time and latitude Parole Commission Code of Federal Regulations. These in deciding whether to return him to the regulations, when adopted, would be federal institution to serve the balance 28 CFR Part 2 added to the regulations for District of of his term or to surrender him to the Columbia offenders that were originally local authorities for state prosecution.’’ Paroling, Recommitting, and published at 63 FR 39172 (July 21, 1998) In the Commission’s view, a 72-hour Supervising Federal Prisoners: (as amended). period is a reasonable time for a Prisoners Serving Sentences Under Overall, the proposed regulations decision to yield jurisdiction to local the District of Columbia Code would maintain the present functions prosecuting authorities. and authority of the Board of Parole of AGENCY: United States Parole the District of Columbia, with certain Finally, in all cases in which parolees Commission, Justice. amendments to conform to federal are arrested on Commission warrants, it ACTION: Proposed rule. policy and practice. For both Federal is the Commission’s intent that their and D.C. Code parolees, parole revocation hearings be held at the D.C. SUMMARY: The U.S. Parole Commission jail whenever feasible. For those parole is proposing to incorporate into the revocation procedures ultimately derive from the same source: Morrissey v. violators who have been convicted and Code of Federal Regulations, in sentenced to new prison terms in other amended and supplemented form, the Brewer, 408 U.S. 471 (1972). Morrissey also describes the basic goals of parole institutions, the Commission proposes regulations of the District of Columbia supervision in a way that remains valid to follow existing federal policy with that govern the authority that will be today for both the U.S. Code and D.C. regard to the holding of dispositional assumed by the U.S. Parole Commission Code parole systems. The amended revocation hearings prior to the on August 5, 2000, with respect to regulations are intended exclusively to completion of the intervening sentence, felony offenders on parole. The improve the ways in which the District and revocation hearings following authority of the District of Columbia of Columbia parole system is carried release from the intervening sentence. Board of Parole to oversee the out, consistently with the approach See 28 CFR 2.47. In all respects, the supervision and to revoke the paroles of taken in the Morrissey decision. proposed rules have been drafted to felony offenders will be transferred to These improvements include a conform to District of Columbia law the U.S. Parole Commission under the requirement for preliminary interviews regarding the parole revocation process. National Capital Revitalization and Self- as described in Morrissey, and an See D.C. Code 24–205 and 24–206. Government Improvement Act of 1997, arrangement with the D.C. Public which permits the Commission to Defender Service whereby attorney Proposed Implementation amend and supplement the District’s representation would be obtained The Commission proposes that the regulations pursuant to federal directly following the preliminary regulations set forth below be made rulemaking procedures. interview. This would be in contrast to DATES: Comments must be received by the current D.C. Board of Parole rule effective as interim rules on August 5, June 30, 2000. that prohibits Board members and staff 2000, with a further period for public comment. The Commission proposes to ADDRESSES: Send comments to Office of from assisting arrested parolees who reevaluate the rules in the light of both General Counsel, U.S. Parole wish to obtain the services of counsel. public comment and operational Commission, 5550 Friendship Blvd., See 28 D.C.M.R. 219.9. experience before adopting final rules. Chevy Chase, Maryland 20815. Although the procedures for release FOR FURTHER INFORMATION CONTACT: from active supervision would remain Regulatory Assessment Requirements Pamela A. Posch, Office of General the same, the Commission proposes to Counsel, U.S. Parole Commission, 5550 supplement those procedures with The U.S. Parole Commission has explicit guidelines derived from the Friendship Blvd., Chevy Chase, determined that this proposed rule federal standards at 28 CFR 2.43 Maryland 20815, telephone (301) 492– would not be a significant rule within governing the early termination of 5959. the meaning of Executive Order 12866. parole for U.S. Code offenders. These The proposed rule would not have a SUPPLEMENTARY INFORMATION: Under guidelines are intended to ensure that significant economic impact upon a Section 11231 of the National Capital the length of time a parolee spends substantial number of small entities Revitalization and Self-Government under parole supervision is within the meaning of the Regulatory Improvement Act of 1997, Public Law proportionate to the level of risk to the Flexibility Act, 5 U.S.C. 605(b), and is 105–33, the U.S. Parole Commission public safety suggested by the parolee’s deemed by the Commission to be a rule will be given, effective August 5, 2000, criminal offense and prior record, as of agency practice that will not the authority presently exercised by the measured by the Salient Factor Score substantially affect the rights or Board of Parole of the District of and Base Point Score at 28 CFR 2.80. obligations of non-agency parties Columbia with respect to felony The Commission also proposes to pursuant to Section 804(3)(C) of the offenders on parole, including the codify a procedure whereby an executed Congressional Review Act. jurisdiction to revoke parole and to warrant may be withdrawn within 72 modify the conditions of parole. See hours of execution in order to release List of Subjects in 28 CFR Part 2 D.C. Code 24–1231(a)(2). the arrested parolee to another After an extensive review of the jurisdiction’s warrant. (The Commission Administrative practice and relevant regulations of the Board of is not always aware, when it issues a procedure, Prisoners, Probation and Parole of the District of Columbia warrant, that the parolee is also sought parole. concerning the supervision of parolees, by other authorities.) In Saylor v. U.S. The Proposed Rules the release of parolees from active Board of Parole, 345 F.2d 100, 103 (D.C. supervision, and the procedures Cir. 1965), the court endorsed such a Accordingly, the U.S. Parole governing the exercise of the authority procedure, stating that ‘‘* * * upon Commission proposes the following to revoke parole, the Commission has arresting a federal parolee as a parole amendment to 28 CFR Part 2.
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PART 2Ð[AMENDED] credit for time on parole in the case of Commission by the officer responsible revocation. for the supervision of the parolee after 1. The authority citation for part 2 (b) The parole of any parolee shall run the completion of 12 months of continues to read as follows: concurrently with the period of parole, continuous community supervision and Authority: 18 U.S.C. 4203(a)(1) and probation, or supervised release under annually thereafter. The supervision 4204(a)(6). any other Federal, State, or local officer shall submit such additional 2. By adding §§ 2.91 through 2.105 to sentence. reports and information concerning both Subpart C to read as follows: (c) Upon the expiration of the the parolee, and the enforcement of the * * * * * parolee’s maximum term as specified in conditions of the parolee’s supervision, the release certificate, the Community as the Commission may direct. All Subpart CÐDistrict of Columbia Code Supervision Officer shall issue a reports shall be submitted according to Prisoners and Parolees certificate of discharge to such parolee the format established by the Sec. and to such other agencies as may be Commission. 2.91 Supervision responsibility. appropriate. 2.92 Jurisdiction of the Commission. (d) A termination of parole pursuant § 2.95 Release from active supervision. 2.93 Travel approval. 2.94 Supervision reports to Commission. to an order of revocation shall not affect (a) The Commission, in its discretion, 2.95 Release from active supervision. the Commission’s jurisdiction to grant may release a parolee or mandatory 2.96 Order of release. and enforce any further periods of releasee from further supervision prior 2.97 Withdrawal of order of release. parole, up to the expiration of the to the expiration of the maximum term 2.98 Summons to appear or warrant for offender’s maximum term. or terms for which he or she was retaking of parolee. sentenced. § 2.93 Travel approval. 2.99 Execution of warrant and service of (b) Two years after release on summons. (a) The Community Supervision supervision, and at least annually 2.100 Warrant placed as detainer and Officer may approve travel outside the dispositional review. thereafter, the Commission shall review 2.101 Revocation: Preliminary interview. district of supervision without approval the status of each parolee to determine 2.102 Place of revocation hearing. of the Commission in the following the need for continued supervision. In 2.103 Revocation hearing procedure. situations: calculating such two-year period there 2.104 Issuance of subpoena for appearance (1) Vacation trips not to exceed thirty shall not be included any period of of witnesses or production of documents. days. release on parole prior to the most 2.105 Revocation decisions. (2) Trips, not to exceed thirty days, to recent release, nor any period served in investigate reasonably certain confinement on any other sentence. A Subpart CÐDistrict of Columbia Code employment possibilities. Prisoners and Parolees review shall also be conducted (3) Recurring travel across a district whenever release from supervision is * * * * * boundary, not to exceed fifty miles specially recommended by the outside the district, for purpose of Community Supervision Officer. § 2.91 Supervision responsibility. employment, shopping, or recreation. (c) In determining whether to grant (b) Specific advance approval by the (a) Pursuant to D.C. Code 24–1233(c), release from supervision, the Commission is required for all foreign the District of Columbia Court Services Commission shall apply the following travel, employment requiring recurring and Offender Supervision Agency guidelines, provided that case-specific travel more than fifty miles outside the (CSOSA) shall provide supervision, factors do not indicate a need for district, and vacation travel outside the through qualified Community continued supervision: Supervision Officers, for all D.C. Code district of supervision exceeding thirty (1) For a parolee originally classified parolees and mandatory releasees under days. A request for such permission in the very good risk category and the jurisdiction of the Commission who shall be in writing and must whose current offense did not involve are released to the D.C. metropolitan demonstrate a substantial need for such violence, release from supervision may area. Individuals under the jurisdiction travel. be ordered after two continuous years of of the Commission who are released to (c) A special condition imposed by incident-free parole in the community; districts outside the D.C. metropolitan the Commission prohibiting certain (2) For a parolee originally classified area, or who are serving mixed U.S. and travel shall apply instead of any general in the very good risk category and D.C. Code sentences, shall be supervised rules relating to travel as set forth in whose current offense involved violence by a U.S. Probation Officer pursuant to paragraph (a) of this section. other than high level violence, release 18 U.S.C. 3655. (d) The district of supervision for a (b) A parolee or mandatory releasee parolee under the supervision of the from supervision may be ordered after may be transferred to a new district of D.C. Community Supervision Office of three continuous years of incident-free supervision with the permission of the CSOSA shall be the D.C. Metropolitan parole in the community; supervision offices of both the area (as defined in the certificate of (3) For a parolee originally classified transferring and receiving district, parole) for all purposes of residence, in the very good risk category and provided such transfer is not contrary to employment, or travel permission under whose current offense involved high instructions from the Commission. this section. level violence (without death of victim resulting), release from supervision may § 2.92 Jurisdiction of the Commission. § 2.94 Supervision reports to Commission. be ordered after four continuous years of (a) Pursuant to D.C. Code 24–431(a), An initial supervision report to incident-free parole in the community; the jurisdiction of the Commission over confirm the satisfactory initial progress (4) For a parolee originally classified a parolee shall expire on the date of of the parolee shall be submitted to the in other than the very good risk expiration of the maximum term or Commission 90 days after the parolee’s category, whose current offense did not terms for which he was sentenced, release from prison, by the officer involve violence, and whose prior subject to the provisions of this subpart responsible for the parolee’s record includes not more than one relating to warrant issuance, time in supervision. A regular supervision episode of felony violence, release from absconder status, and the forfeiture of report shall be submitted to the supervision may be ordered after three
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Part IV
General Services Administration 41 CFR Parts 101–44 and 102–37 Donation of Surplus Personal Property; Proposed Rule
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GENERAL SERVICES 5. The approval of all Red Cross PART 102±37ÐDONATION OF ADMINISTRATION donations by GSA. SURPLUS PERSONAL PROPERTY 6. The shift in responsibility from 41 CFR Parts 101±44 and 102±37 GSA to the Federal Aviation Subpart AÐGeneral Provisions Sec. [FPMR Amendment H±] Administration to issue screening credentials for public airports. 102–37.5 What does this part cover? RIN 3090±AH20 102–37.10 What is the primary governing B. Executive Order 12866 authority for this part? Donation of Surplus Personal Property 102–37.15 Who must comply with the GSA has determined that this provisions of this part? AGENCY: Office of Governmentwide proposed rule is not a significant rule 102–37.20 How do we request a deviation Policy, GSA. for the purposes of Executive Order from these requirements and who can ACTION: Proposed rule. 12866 of September 30, 1993. approve it? Definitions SUMMARY: The General Services C. Regulatory Flexibility Act Administration is revising the Federal 102–37.25 What definitions apply to this A regulatory flexibility analysis is not part? Property Management Regulations required under the Regulatory (FPMR) by moving coverage on Flexibility Act, 5 U.S.C. 601 et seq., The Donation Process donation of surplus personal property because there is no requirement that this 102–37.30 When does property become into the Federal Management Regulation proposed rule be published in the surplus? (FMR). A cross-reference is added to the Federal Register for notice and 102–37.35 Who handles the donation of FPMR to direct readers to the coverage comment. property? in the FMR. The FMR is written in plain 102–37.40 What type of property is language to provide agencies with D. Paperwork Reduction Act available for donation? updated regulatory material that is easy 102–37.45 Are exchange/sale items eligible The Paperwork Reduction Act does for donation? to read and understand. not apply because this proposed rule 102–37.50 How long is property available DATES: Send your written comments by does not contain any information for donation purposes? June 12, 2000 to be considered in the collection requirements that require the 102–37.55 Is there a special form to request formulation of a final rule. approval of the Office of Management or transfer property? ADDRESSES: Send written comments to: and Budget (OMB). 102–37.60 Who pays for transportation and Ms. Sharon A. Kiser, Regulatory the costs incurred in packing, loading, or E. Small Business Regulatory preparing the property for shipment? Secretariat (MVRS), Federal Acquisition Enforcement Fairness Act 102–37.65 What is the timeframe for Policy Division, General Services removing property that has been Administration, 1800 F Street, NW., This proposed rule is exempt from approved for donation? Washington, DC 20405. Congressional review prescribed under 102–37.70 How should overages and Send comments by e-mail to: 5 U.S.C. 801 since it relates solely to shortages in shipments be handled? RIN.3090–[email protected]. agency management and personnel. Subpart BÐGSA FOR FURTHER INFORMATION CONTACT: List of Subjects in 41 CFR Parts 101–44 102–37.75 What are GSA’s responsibilities Martha Caswell, Director, Personal and 102–37 in the donation of property? Property Management Policy Division 102–37.80 What happens when GSA (MTP), 202–501–3846. Government property management, receives multiple requests for the same SUPPLEMENTARY INFORMATION: Homeless, Reporting and recordkeeping property? requirements, Surplus Government 102–37.85 What factors will GSA consider A. Background property. in allocating property among the States? This proposed rule updates, For the reasons set forth in the 102–37.90 What report is GSA required to streamlines, and clarifies FPMR part preamble, GSA proposes to amend 41 compile concerning the donation program? 101–44 and moves the part into the CFR chapters 101 and 102 as follows: Federal Management Regulation (FMR). Subpart CÐHolding Agency CHAPTER 101Ð[AMENDED] The proposed rule is written in a plain 102–37.95 To whom do ‘‘we’’, ‘‘you’’, and language question and answer format. In 1. Part 101–44 is revised to read as their variants refer? this format, a question and its answer follows: 102–37.100 What are our responsibilities in combine to establish a rule. This means the donation of property? PART 101±44ÐDONATION OF the employee and the agency must 102–37.105 May we get reimbursement for SURPLUS PERSONAL PROPERTY follow the language contained in both our costs? 102–37.110 May we donate property the question and its answer. directly to eligible non-Federal Proposed updates include: Authority: 40 U.S.C. 486(c); Sec. 205(c), 63 Stat. 390. recipients without going through GSA? 1. The use of the same dollar 102–37.115 What are some of the donations thresholds for reporting overages and § 101±44.000 Cross-reference to the that don’t require GSA’s approval? shortages of property, in addition to a Federal Management Regulation (FMR) (41 102–37.120 May we withdraw property for shortened report period. CFR chapter 102, parts 102±1 through 102± Federal use once it enters the donation 2. The removal of the 2-year limit for 220). cycle? reimbursing State surplus property For information on donation of 102–37.125 May we recover property that has been picked up by a SASP? agencies from the sale of undistributed surplus personal property previously property. contained in this part, see FMR part 37 Subpart DÐState Agency for Surplus 3. The change of definition of (41 CFR part 102–37). Property ‘‘museum.’’ CHAPTER 102Ð[AMENDED] 102–37.130 To whom do ‘‘we’’, ‘‘you’’, and 4. The reinstatement of a requirement their variants refer? that donee eligibility files be updated at 2. Part 102–37 is added to subchapter 102–37.135 What are our responsibilities in 3-year intervals. B to read as follows: the donation of property?
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102–37.140 How do we become eligible to 102–37.285 Do restrictions remain on Eligibility distribute property to donees? property that has been authorized for 102–37.415 Who determines if we are cannibalization? Certifications and Agreements eligible to receive property? 102–37.290 May a donee exchange donated 102–37.420 What basic criteria must we 102–37.145 What certifications must we property during the period of restriction? meet to qualify for eligibility? make before acquiring property for 102–37.295 On what categories of property distribution? has GSA imposed special handling 102–37.425 What if there is no specific 102–37.150 What other requirements must conditions or use limitations? authority that can approve or accredit we fulfill before acquiring property for 102–37.300 What documentation must we our program as required for distribution? provide to acquire an aircraft or vessel? qualification? 102–37.155 Must we make a drug-free 102–37.305 What are the special terms, Terms and Conditions workplace certification? conditions, and restrictions regarding 102–37.160 Must we make a certification aircraft and vessels? 102–37.430 What certifications must we regarding lobbying? make before acquiring property? Service and Handling Charges 102–37.435 What agreements must we State Plan of Operation 102–37.310 May we accept personal checks make before acquiring property? 102–37.165 What is a State plan of in payment of service charges? 102–37.440 May we use donated property operation? 102–37.315 Are there restrictions on how for any purpose? 102–37.170 Who is responsible for we may use service charge funds or other 102–37.445 May we acquire property for developing and submitting the plan? monies derived from donated Federal exchange? 102–37.175 When does a State plan take property? effect? Screening and Requesting Property Cooperative Agreements 102–37.180 Must GSA approve 102–37.450 Do we need special amendments or modifications to the 102–37.320 What is a cooperative authorization to screen property for our plan? agreement? program(s)? 102–37.185 Do plans or amendments 102–37.325 Is there a fee for services and 102–37.455 How do we obtain a screener-ID require public notice? other support supplied under a card? 102–37.190 What happens if we don’t cooperative agreement? 102–37.460 What type of information must operate in accordance with our plan? 102–37.330 When May we terminate 102–37.195 What must a State include in cooperative agreements? we provide when requesting an aircraft the plan of operation? or vessel? Reports 102–37.200 What steps must we take if the Returns and Reimbursements State decides to dissolve our SASP? 102–37.335 What reports must we provide to GSA? 102–37.465 May we receive reimbursement Screening and Requesting Property for our donation expenses when we Compliance and Audits 102–37.205 Do we need special return property? 102–37.340 What actions must we take to authorization to screen property? Subpart FÐDonations to Public Airports 102–37.210 How Do we obtain screener-ID report damaged or missing property in cards for ourselves or donees? our custody? 102–37.470 To whom do ‘‘we’’, ‘‘you’’, and 102–37.215 May we request property that is 102–37.345 What measures must we take to their variants refer? in the sales cycle? ensure that property is used for the 102–37.475 What is the authority for public 102–37.220 May we request property purpose(s) for which donated? airport donations? specifically for cannibalization? 102–37.350 What actions must we take if a 102–37.480 What are our responsibilities in review or other information indicates the donation of property? Eligibility of Donees noncompliance with donation terms and 102–37.485 What information must we 102–37.225 Who may acquire property conditions? provide to GSA? through a SASP? 102–37.355 Must we coordinate with GSA 102–37.230 Who determines if an activity is on compliance actions? Subpart GÐDonations to the American eligible to receive donated property? 102–37.360 How must we handle funds National Red Cross 102–37.235 Must we maintain eligibility derived from compliance actions? 102–37.490 To whom do ‘‘we’’, ‘‘you’’, and records on SEAs? 102–37.365 Does coverage under the Single their variants refer? 102–37.240 How often must we update Audit Act exempt us from other reviews 102–37.495 What is the authority for donee eligibility records? of our program? donations to the American National Red 102–37.245 What must we do if a donee Cross? fails to maintain its eligibility status? Disposing of Undistributed Property 102–37.500 What type of property may we 102–37.250 May we grant eligibility to 102–37.370 When must we offer property to applicants who would otherwise qualify other SASPs? receive? as eligible donees, but whose approval, 102–37.375 Must GSA approve a transfer 102–37.505 What steps must we take to accreditation, or licensing is pending? between SASPs? acquire property? 102–37.255 Are we eligible to acquire 102–37.380 May we recover our costs if 102–37.510 What happens to property we property as a public agency donee? property is transferred to another SASP? don’t request? 102–37.385 When should we report 102–37.260 What should we do if an Subpart HÐDonations to Public Bodies in undistributed property to GSA? applicant seeks an appeal of a negative Lieu of Abandonment/Destruction determination of eligibility? 102–37.390 May we sell undistributed property? 102–37.515 To whom do ‘‘we’’, ‘‘you’’, and Distributing Property 102–37.395 Under what conditions may we their variants refer? 102–37.265 Are there special requirements abandon or destroy property? 102–37.520 What is a public body? for distributing property to SEAs? 102–37.400 May we get reimbursement if 102–37.525 What type of property is 102–37.270 May we distribute property to property is recovered for Federal use? donable under this subpart? eligible donees of another State? 102–37.405 What costs may we recover if 102–37.530 Is there a special form for undistributed property is sold? Terms and Conditions processing donations? 102–37.535 Who pays for costs associated 102–37.275 What terms and conditions Subpart EÐDonations to Public Agencies with the donation? must we impose on the donee? and Eligible Nonprofit Organizations 102–37.280 May we waive any of the terms 102–37.410 To whom do ‘‘we’’, ‘‘you’’, and Authority: 40 U.S.C. 486(c); Sec. 205(c), 63 and conditions of donation? their variants refer? Stat. 390.
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Subpart AÐGeneral Provisions Child care center means a public or which otherwise assist in the creation of nonprofit facility where educational, long-term employment opportunities in § 102±37.5 What does this part cover? social, health, and nutritional services the area or primarily benefit the This part covers the donation of are provided to children through age 14, unemployed or those with low incomes. surplus personal property located or as prescribed by State law, and that Education means a program(s) to within a State, including foreign excess is approved or licensed by the State or develop and promote the training, personal property returned for handling other appropriate authority as a child general knowledge, or academic, as surplus personal property. day care center or child care center. technical, and vocational skills and § 102±37.10 What is the primary governing Clinic means an approved public or cultural attainments of individuals in a authority for this part? nonprofit facility organized and community or given political area. Subsection 203(j)(1) of the Federal operated for the primary purpose of Public educational programs may Property and Administrative Services providing outpatient public health include public school systems and Act of 1949, as amended (the Property services and includes customary related supporting facilities such as centralized Act), gives the General Services services such as laboratories and administrative or service facilities. Administration (GSA) discretionary treatment rooms. Educational institution means an authority to prescribe the necessary College means an approved or approved, accredited, or licensed public regulations for, and to execute the accredited public or nonprofit or nonprofit institution, facility, surplus personal property donation institution of higher learning offering organization conducting educational program. organized study courses and credits programs or research for educational leading to a baccalaureate or higher purposes, such as a child care center, § 102±37.15 Who must comply with the degree. school, college, university, school for provisions of this part? Conservation means a program or the mentally disabled, school for the All executive agencies, State agencies programs carried out or promoted by a physically disabled, or an educational for surplus property (SASPs), and public agency for public purposes radio or television station. donees must comply with this part. involving directly or indirectly the Educational radio station means a protection, maintenance, development, radio station licensed by the Federal § 102±37.20 How do we request a and restoration of the natural resources deviation from these requirements and who Communications Commission and can approve it? of a given political area. These resources operated exclusively for noncommercial include but are not limited to the air, See §§ 102–2.60 through 102–2.110 of educational purposes and which is land, forests, water, rivers, streams, public or nonprofit and tax exempt this chapter to request a deviation from lakes and ponds, minerals, and animals, the requirements of this part. under section 501 of the Internal fish and other wildlife. Revenue Code (26 U.S.C. 501). Definitions Donation screening period means a Educational television station means a period of time following the surplus § 102±37.25 What definitions apply to this television station licensed by the release date during which surplus Federal Communications Commission part? personal property may be determined to The following definitions apply to which operates exclusively for be usable and necessary for donation noncommercial educational purposes this part: purposes. Accredited means approval by a and which is public or nonprofit and tax Donee means: exempt under section 501 of the Internal recognized accrediting board or (1) A service educational activity. association on a regional, State, or (2) A State, political subdivision Revenue Code. national level, such as a State board of thereof, or tax-supported organization Foreign excess personal property education or health; the American therein acting on behalf of a public means any excess personal property Hospital Association; a regional or airport. located outside a State. national accrediting association for (3) A public agency using surplus GSA means the General Services universities, colleges, or secondary personal property in carrying out or Administration, acting by and through schools; or another recognized promoting one or more public purposes. the Administrator of General Services or accrediting association. (4) An eligible nonprofit tax-exempt an official to whom functions under this Approved means recognition and educational or public health institution part have been delegated by the approval by the State department of or organization. Administrator of General Services. education, State department of health, (5) A public or nonprofit program for Health center means an approved or other appropriate authority where no older individuals. public or nonprofit facility that provides recognized accrediting board, Drug abuse or alcohol treatment public health services, including related association, or other authority exists for center means a clinic or medical facilities such as diagnostic and the purpose of making an accreditation. institution that provides for the laboratory facilities and clinics. For an educational institution or an diagnosis, treatment, or rehabilitation of Holding agency means the executive educational program, approval must alcoholics or drug addicts. These agency having accountability for, and relate to academic or instructional centers must have on their staffs, or generally possession of, property. standards established by the appropriate available on a regular visiting basis, Homeless individual means: authority. For a public health institution qualified professionals in the fields of (1) An individual who lacks a fixed, or program, approval must relate to the medicine, psychology, psychiatry, or regular, and adequate nighttime medical requirements and standards for rehabilitation. residence, or who has a primary the professional and technical services Economic development means a nighttime residence that is: of the institution established by the program(s) carried out or promoted by a (i) A supervised publicly or privately appropriate authority. public agency for public purposes to operated shelter designed to provide Cannibalization means to remove improve the opportunities of a given temporary living accommodations serviceable parts from one item of political area for the establishment or (including welfare hotels, congregate equipment in order to install them on expansion of industrial, commercial, or shelters, and transitional housing for the another item of equipment. agricultural plants or facilities and mentally ill);
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(ii) An institution that provides a used in this part, the term museum organization that operates a program temporary residence for individuals includes, but is not limited to, the which provides assistance such as food, intended to be institutionalized; or following institutions if they satisfy all shelter, or other services to homeless (iii) A public or private place not other provisions of this definition: individuals. designed for, or ordinarily used as, a Aquariums and zoological parks; Provider of assistance to regular sleeping accommodation for botanical gardens and arboretums; impoverished families and individuals human beings. nature centers; museums relating to art, means a public or private, nonprofit tax- (2) For purposes of this part, the term history (including historic buildings), exempt organization whose primary homeless individual does not include natural history, science, and technology; function is to provide money, goods, or any individual imprisoned or otherwise and planetariums. For the purposes of services to families or individuals detained pursuant to an Act of the this definition, an institution uses a whose annual incomes are below the Congress or a State law. professional staff if it employs at least poverty line (as defined in section 673 Hospital means an approved or one fulltime staff member or the of the Community Services Block Grant accredited public or nonprofit equivalent, whether paid or unpaid, Act) (42 U.S.C. 9902). Providers include institution providing public health primarily engaged in the acquisition, food banks, self-help housing groups, services primarily for inpatient medical care, or public exhibition of objects and organizations providing services or surgical care of the sick and injured owned or used by the institution. This such as the following: Health care; and includes related facilities such as definition of museum does not include medical transportation; scholarships laboratories, outpatient departments, any institution that exhibits objects to and tuition assistance; tutoring and training facilities, and staff offices. the public if the display or use of the literacy instruction; job training and Library means a public or nonprofit objects is only incidental to the primary placement; employment counseling; facility providing library services free to function of the institution. child care assistance; meals or other all residents of a community, district, Nonappropriated fund property nutritional support; clothing State, or region. means property acquired by religious or distribution; home construction or Licensed means recognition and morale, welfare or recreational repairs; utility or rental assistance; and approval by the appropriate State or activities, post exchanges, ship stores, legal counsel. local authority approving institutions or military officer or enlisted clubs, Public agency means any State; programs in specialized areas. Licensing veterans’ canteens, and similar activities political subdivision thereof, including generally relates to established with funds generated by Government any unit of local government or minimum public standards of safety, employees and their dependents for economic development district; any sanitation, staffing, and equipment as operation of these activities. Such department, agency, or instrumentality they relate to the construction, property is not Federal property. thereof, including instrumentalities maintenance, and operation of a health Nonprofit means an entity not created by compact or other agreement or educational facility, rather than to the operated for profit that has been held by between States or political subdivisions; academic, instructional, or medical the Internal Revenue Service to be multijurisdictional substate districts standards for these institutions. exempt from taxation under section 501 established by or pursuant to State law; Medical institution means an of the Internal Revenue Code. or any Indian tribe, band, group, pueblo, approved, accredited, or licensed public Parks and recreation means a or community located on a State or nonprofit institution, facility, or program(s) carried out or promoted by a reservation. organization whose primary function is public agency for public purposes that Public health means a program(s) to the furnishing of public health and involve directly or indirectly the promote, maintain, and conserve the medical services to the public or acquisition, development, improvement, public’s health by providing health promoting public health through the maintenance, and protection of park and services to individuals and/or by conduct of research, experiments, recreational facilities for the residents of conducting research, investigations, training, or demonstrations related to a given political area. examinations, training, and cause, prevention, and methods of Program for older individuals means demonstrations. Public health services diagnosis and treatment of diseases and any State or local government agency or may include but are not limited to the injuries. The term includes, but is not any nonprofit tax-exempt activity that control of communicable diseases, limited to, hospitals, clinics, alcohol receives funds appropriated for immunization, maternal and child and drug abuse treatment centers, programs for older individuals under health programs, sanitary engineering, public health or treatment centers, the Older Americans Act of 1965, as sewage treatment and disposal, research and health centers, geriatric amended, under title IV or title XX of sanitation inspection and supervision, centers, laboratories, medical schools, the Social Security Act (42 U.S.C. 601 water purification and distribution, air dental schools, nursing schools, and et seq.), or under titles VIII and X of the pollution control, garbage and trash similar institutions. The term does not Economic Opportunity Act of 1964 (42 disposal, and the control and include institutions primarily engaged U.S.C. 2991 et seq.) and the Community elimination of disease-carrying animals in domiciliary care, although a separate Services Block Grant Act (42 U.S.C. and insects. medical facility within such a 9901 et seq.). Public health institution means an domiciliary institution may qualify as a Property Act means the Federal approved, accredited, or licensed public medical institution. Property and Administrative Services or nonprofit institution, facility, or Museum means a public or private Act of 1949 (63 Stat. 377), as amended organization conducting a public health nonprofit institution that is organized (codified as amended in scattered program(s) such as a hospital, clinic, on a permanent basis for essentially sections of 40 U.S.C. and 41 U.S.C.), the health center, or medical institution, educational or aesthetic purposes and law that centralized Federal property including research for such programs, which, using a professional staff, owns management and disposal functions the services of which are available to the or uses tangible objects, either animate under the GSA. public. or inanimate; cares for these objects; and Provider of assistance to homeless Public purpose means a program(s) exhibits them to the public on a regular individuals means a public agency or a carried out by a public agency that is basis (at least 1000 hours a year). As nonprofit, tax-exempt institution or legally authorized in accordance with
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(e) Performing and bearing the cost of Subpart DÐState Agency for Surplus (3) An eligible nonprofit, tax-exempt care and handling of property pending Property activity for programs for older its disposal, except as provided in individuals. § 102–37.105. § 102±37.130 To whom do ``we'', ``you'', (d) When property is picked up by or and their variants refer? shipped to your SASP, you have § 102±37.105 May we get reimbursement Use of pronouns ‘‘we’’, ‘‘you’’, and for our costs? adequate and available funds, facilities, their variants throughout this subpart and personnel to provide accountability, You may recover from the transferee refers to the SASP. warehousing, proper maintenance, and (SASP or public airport) direct costs you distribution of the property. incurred incident to a donation, such as § 102±37.135 What are our responsibilities in the donation of property? (e) When property is distributed by packing, handling, crating, and your SASP to a donee, or when delivery transportation expenses. No overhead or Your responsibilities in the donation of property are to: is made directly from a holding agency administrative costs are to be included to a donee pursuant to a State in the billing. (a) Determine the eligibility of entities seeking to obtain Federal property as a: distribution document, you have § 102±37.110 May we donate property (1) Public agency. determined that the donee acquiring the directly to eligible non-Federal recipients (2) Nonprofit educational or public property is eligible within the meaning without going through GSA? health institution or organization. of the Property Act and GSA No, you may not donate property (3) Program for older individuals. regulations, and that the property is directly to eligible non-Federal (b) Distribute property fairly, usable and needed by the donee. recipients unless you have statutory equitably, and promptly to eligible § 102±37.150 What other requirements authority to do so. All such donations donees in your State based on their must we fulfill before acquiring property for must be included on your annual report relative needs and resources, and ability distribution? to GSA under § 101–43.4701(c) of this to use the property, and as provided in With respect to property picked up by title. your State plan of operation. or shipped to your SASP, you must (c) Enforce compliance with the terms § 102±37.115 What are some of the agree to the following: and conditions imposed on donated donations that don't require GSA's (a) You are granted the right to property. approval? possession only. You will make prompt The following donations do not § 102±37.140 How do we become eligible statewide distribution of such property, require GSA’s approval: to distribute property to donees? on a fair and equitable basis, to donees (a) Donations of condemned, obsolete, In order to receive transfers of eligible to acquire property under or other specified material under 10 donable property, you must: section 203(j) of the Property Act and U.S.C. 2572, 10 U.S.C. 7308, 10 U.S.C. (a) Have a GSA-approved State plan of GSA regulations. You will distribute 7541, 10 U.S.C. 7545, and 14 U.S.C. operation; and property only after such eligible donees 641a. However, such property must first (b) Provide the certifications and have properly executed the appropriate undergo excess Federal and surplus agreements as set forth in §§ 102–37.145 certifications and agreements donation screening as required in this and 102–37.150. established by your SASP and/or GSA. part and part 101–43 of this title. (b) Title to the property remains in the (b) Donations to public bodies under Certifications and Agreements United States Government although you subpart H of this part. § 102±37.145 What certifications must we have taken possession of it. Conditional (c) Donations to small disadvantaged make before acquiring property for title to the property will pass to the businesses under 13 CFR Part 124. distribution? eligible donee when the donee executes (d) Donation of law enforcement Before acquiring property for the required certifications and canines under 40 U.S.C. 484(r). distribution, you must certify that: agreements and takes possession of the property. § 102±37.120 May we withdraw property (a) You are the agency of the State for Federal use once it enters the donation designated under State law that has (c) You will: cycle? legal authority under subsection 203(j) (1) Promptly pay the cost of care, Yes, with the prior approval of GSA, of the Property Act and GSA handling, and shipping incident to you may withdraw property that has regulations, to receive property for taking possession of the property. been set aside or approved for donation, distribution within the State to eligible (2) During the time that title remains but not yet removed. You may withdraw donees as defined in this part. in the United States Government, be property to meet emergency or critical (b) No person with supervisory or responsible as a bailee for the property requirements without prior approval of managerial duties in your State’s from the time it is released to you or to GSA, but you must notify GSA donation program is debarred, the transportation agent you have immediately of such actions. GSA will suspended, ineligible, or voluntarily designated. notify the SASP of any withdrawals of excluded from participating in the (3) In the event of any loss of or property that has been approved for donation program. damage to any or all of the property donation. (c) The property is usable and needed during transportation or storage at a by: place other than a place under your § 102±37.125 May we recover property that (1) A public agency for one or more control, take the necessary action to has been picked up by a SASP? public purposes. obtain restitution (fair market value) for Yes, you may request, through GSA, (2) An eligible nonprofit organization the Government. In the event of loss or property that is in the possession of a or institution which is exempt from damage due to negligence or willful SASP. However, you will be responsible taxation under section 501 of the misconduct on your part, repair, for reimbursing the SASP the costs of Internal Revenue Code, for the purpose replace, or pay to the GSA the fair care and handling, including of education or public health (including market value of any such property, or transportation costs, the SASP incurred research for any such purpose) within take such other action as the GSA may in initially acquiring the property. the State. direct.
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(d) You may retain property for use in requirements in part 105–69 of this title § 102±37.175 When does a State plan take performing your donation program when all of the following conditions effect? functions only when authorized by GSA apply: The plan takes effect on the date GSA in accordance with the provisions of a (a) You have entered into a notifies the chief executive officer of the cooperative agreement entered into with cooperative agreement with GSA that State that the plan conforms to the GSA. provides for your SASP to retain provisions of subsection 203(j)(4) of the (e) When acting under an interstate donable Federal property for use in Property Act and the requirements of cooperative distribution agreement (see performing donation functions or any this part and that allocation and transfer § 102–37.320) as an agent and other cooperative agreement. of donable surplus property to the State authorized representative of an adjacent (b) The cooperative agreement was will begin. State with which you share a common executed after December 23, 1989. boundary, you will: § 102±37.180 Must GSA approve (c) The fair market value of the amendments or modifications to the plan? (1) Make the certifications and property requested under the agreements required in § 102–37.145 cooperative agreement is more than Yes, GSA must approve amendments and this section on behalf of the $100,000. or modifications to the plan. adjacent SASP. State Plan of Operation § 102±37.185 Do plans or amendments (2) Require the donee to execute the require public notice? distribution documents of the State in § 102±37.165 What is a State plan of No plan of operation, and no major which the donee is located. operation? (3) Forward copies of the distribution amendment to the plan, may be filed A State plan of operation is a documents to the corresponding SASP. with GSA until 60 calendar days after (f) You will not discriminate on the document developed under State law general notice of the proposed plan or basis of race, color, national origin, sex, and approved by GSA in which the amendment has been published and age, or handicap in the distribution of State sets forth a plan for the interested persons have been given at the property, and will comply with GSA management and administration of the least 30 calendar days to submit regulations on nondiscrimination as set SASP in the donation of property. comments. forth in part 101–6, subpart 101–6.2, § 102±37.170 Who is responsible for § 102±37.190 What happens if we don't and part 101–8 of this title. developing and submitting the plan? operate in accordance with our plan? § 102±37.155 Must we make a drug-free The State legislature must develop the If you don’t operate in accordance workplace certification? plan. The chief executive officer of the with your plan, GSA may withhold If you have a cooperative agreement State must certify and submit the plan allocation and transfer of surplus with GSA that allows you to retain to GSA for acceptance and certify that property until the nonconformance is Federal property for SASP use, you you are authorized to acquire and corrected. must certify that you will provide a distribute property to eligible donees in the State, to enter into cooperative § 102±37.195 What must a State include in drug-free workplace as a condition for the plan of operation? receiving such property. Drug-free agreements, and to undertake other workplace certification requirements are actions and provide other assurances as You must ensure the plan conforms to found at part 105–68, subpart 105–68.6, are required by subsection 203(j)(4) of the provisions of subsection 203(j)(4) of of this title. the Property Act and set forth in the the Property Act and includes the plan. Send the plan to: following information and assurances. § 102±37.160 Must we make a certification General Services Administration (You may include in the plan other regarding lobbying? Office of Transportation and Property provisions not inconsistent with the You are subject to the anti-lobbying Management (FB) purposes of the Property Act and the certification and disclosure Washington, DC 20406 requirements of this part.):
STATE PLAN REQUIREMENTS
RegardingÐ The plan mustÐ
(a) Designation of a SASP...... (1) Name the State agency that will be responsible for administering the plan. (2) Describe the responsibilities vested in the agency which must in- clude the authorities to acquire, warehouse and distribute property to el- igible donees, carry out other requirements of the State plan, and pro- vide details concerning the organization of the agency, including super- vision, staffing, structure, and physical facilities. (3) Indicate the organizational status of the agency within the State gov- ernmental structure and the title of the State official who directly super- vises the State agent.
(b) Operational authority...... (1) Include copies of existing State statutes and/or executive orders rel- ative to the operational authority of the SASP. Where express statutory authority does not exist or is ambiguous, or where authority exists by virtue of executive order, the plan must include also the opinion of the State's Attorney General regarding the existence of such authority.
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STATE PLAN REQUIREMENTSÐContinued
RegardingÐ The plan mustÐ
(c) Inventory control and accounting systems...... (1) Require the SASP to use a management control and accounting system that effectively governs the utilization, inventory control, ac- countability, and disposal of property. (2) Provide a detailed explanation of the inventory control and account- ing system that the SASP will use. (3) Provide that property retained by the SASP to perform its functions be maintained on separate records from those of donable property.
(d) Return of donated property...... (1) Require the SASP to provide for the return of donated property from the donee, at the donee's expense, if the property is still usable as de- termined by the SASP, and: (i) The donee has not placed the property into use for the purpose for which it was donated within 1 year of donation; or (ii) The donee ceases to use the property within 1 year after placing it in use. (2) Specify that return of property can be accomplished by: (i) Physical return to the SASP facility, if required by the SASP. (ii) Retransfer directly to another donee, SASP, or Federal agency, as required by the SASP. (iii) Disposal (by sale or other means) as directed by the SASP. (3) Set forth procedures to accomplish property returns to the SASP, retransfers to other organizations, or disposition by sale, abandonment, or destruction.
(e) Financing and service charges...... (1) Set forth the means and methods for financing the SASP. When the State authorizes the SASP to assess and collect service charges from participating donees to cover direct and reasonable indirect costs of its activities, the method of establishing the charges must be set forth in the plan. (2) Affirm that service charges, if assessed, are fair and equitable and based on services performed (or paid for) by the SASP, such as screening, packing, crating, removal, and transportation. When the SASP provides minimal services in connection with the acquisition of property, except for document processing and other administrative ac- tions, the State plan must provide for minimal charges to be assessed in such cases and include the bases of computation. (3) Provide that property made available to nonprofit providers of assist- ance to homeless individuals be distributed at a nominal cost for care and handling of the property. (4) Set forth how funds accumulated from service charges, or from other sources such as sales or compliance proceeds are to be used for the operation of the SASP and the benefit of participating donees. (5) Affirm, if service charge funds are to be deposited or invested, that such deposits or investments are permitted by State law and set forth the types of depositories and/or investments contemplated. (6) Cite State authority to use service charges to acquire or improve SASP facilities and set forth disposition to be made of any financial as- sets realized upon the sale or other disposal of the facilities. (7) Indicate if the SASP intends to maintain a working capital reserve. If one is to be maintained, the plan should provide the provisions and limi- tations for it. (8) State if refunds of service charges are to be made to donees when there is an excess in the SASP's working capital reserve and provide details of how such refunds are to be made, such as a reduction in service charges or a cash refund, prorated in an equitable manner.
(f) Terms and conditions on donable property...... (1) Require the SASP to impose terms, conditions, reservations, and re- strictions on the donee for any item of donated property with a unit ac- quisition cost of $5,000 or more and any passenger motor vehicle. The specific terms, conditions, reservations, and restrictions that the SASP requires must be set forth in the plan.
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STATE PLAN REQUIREMENTSÐContinued
RegardingÐ The plan mustÐ
(2) Provide that the SASP may impose reasonable terms, conditions, reservations, and restrictions on the use of other donated property. If the SASP elects to impose additional terms, conditions, reservations, and restrictions, it should list them in the plan. If the SASP wishes to provide for amending, modifying, or releasing any terms, conditions, reservations, or restrictions it has elected to impose, it must state in the plan the standards it will use to grant such amendments, modifications or releases. (3) Provide that the SASP will impose on the donation of property, re- gardless of unit acquisition cost, such conditions involving special han- dling or use limitations as GSA may determine necessary because of the characteristics of the property.
(g) Nonutilized or undistributed property...... (1) The plan must provide that, subject to GSA approval, property in the possession of the SASP which donees in the State cannot use will be disposed of by: (i) Transfer to another SASP or Federal agency. (ii) Sale. (iii) Abandonment or destruction. (iv) Other arrangements.
(h) Fair and equitable distribution...... (1) Provide that the SASP will make fair and equitable distribution of property to eligible donees in the State based on their relative needs and resources and ability to use the property. (2) Set forth the policies and detailed procedures for effecting a prompt, fair, and equitable distribution. (3) Require that the SASP, insofar as practicable, select property re- quested by eligible donees and, if requested by the donee, arrange for shipment of the property directly to the donee.
(i) Eligibility...... (1) Set forth procedures for the SASP to determine the eligibility of ap- plicants for the donation of surplus personal property. (2) Provide for donee eligibility records to include at a minimum: (i) Legal name and address of the donee. (ii) Status of the donee as a public agency or as an eligible nonprofit, tax-exempt activity. (iii) Details on the scope of the donee's program. (iv) Proof of tax exemption under section 501 of the Internal Revenue Code if the donee is nonprofit. (v) Proof that the donee is approved, accredited, or licensed if it is a requirement for operation of the donee's program(s); or certification of funding if the donee is a nonprofit activity that conducts programs for older individuals. (vi) Financial resources. (vii) Written designation of a representative(s) to act for the donee in acquiring property from the SASP signed by the chief administrative offi- cer or by resolution of the donee's governing body. (viii) Nondiscrimination assurance. (ix) Types of property needed.
(j) Compliance and utilization...... (1) Provide that the SASP conduct utilization reviews for donee compli- ance with the terms, conditions, reservations, and restrictions imposed by GSA and the SASP on property having a unit acquisition cost of $5,000 or more and any passenger motor vehicle. (2) Provide for the reviews to include a survey of donee compliance with any special handling conditions or use limitations imposed on items of property by GSA. (3) Set forth the proposed frequency of such reviews and provide ade- quate assurances that the SASP will take effective action to correct noncompliance or otherwise enforce such terms, conditions, reserva- tions, and restrictions.
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STATE PLAN REQUIREMENTSÐContinued
RegardingÐ The plan mustÐ
(4) Require the SASP to prepare reports on utilization reviews and com- pliance actions and provide assurance that the SASP will initiate appro- priate investigations of alleged fraud in the acquisition of donated prop- erty or misuse of such property.
(k) Consultation with advisory bodies and public and (1) Provide for consultation with advisory bodies and public and private private groups.. groups which can assist the SASP in determining the relative needs and resources of donees, the proposed utilization of donable property by eligible donees, and how distribution of donable property can be ef- fected to fill existing needs of donees. (2) Provide details of how the SASP will accomplish such consultation.
(l) Audit...... (1) Provide for periodic internal audits of the operations and financial af- fairs of the SASP. (2) Provide for compliance with the external audit requirements of Office of Management and Budget Circular No. A±133, ``Audits of States, Local Governments, and Non-Profit Organizations''(available at www.whitehouse.gov/OMB), and make provisions for the SASP to fur- nish GSA with: (i) Two copies of any audit report made pursuant to the Circular, or with two copies of those sections that pertain to the Federal donation program. (ii) An outline of all corrective actions and scheduled completion dates for the actions. (3) Provide for cooperation in GSA or Comptroller General conducted audits.
(m) Cooperative agreements...... If the SASP wishes to enter into, renew, or revise cooperative agree- ments with GSA or other Federal agencies: (1) Affirm the SASP's intentions to enter into cooperative agreements. (2) Cite the authority for entering into such agreements.
(n) Liquidation...... Provide for the SASP to submit a liquidation plan prior to termination of the SASP activities if the State decides to dissolve the SASP.
(o) Forms...... Include copies of distribution documents used by the SASP.
(p) Records...... Affirm that all official records of the SASP will be retained for a min- imum of 3 years, except that: (1) Records involving property subject to restrictions for more than 2 years must be kept 1 year beyond the specified period of restriction. (2) Records involving property with perpetual restriction must be re- tained in perpetuity. (3) Records involving property in noncompliance status must be re- tained for at least 1 year after the noncompliance case is closed.
§ 102±37.200 What steps must we take if (f) Designation of another remove specific property approved for the State decides to dissolve our SASP? governmental entity to serve as the donation. If the State decides to dissolve your agency’s successor in function until § 102±37.210 How do we obtain screener- SASP, submit a liquidation plan that continuing obligations on property ID cards for ourselves or donation? donated prior to the closing of the includes: To obtain screening authorization you agency are fulfilled. (a) Reasons for the liquidation; must: (b) A schedule for liquidating the Screening and Requesting Property (a) Submit a written request to the agency and the estimated date of GSA regional office serving the area in termination; § 102±37.205 Do we need special which the intended screener is located. (c) Method of disposing of property authorization to screen property? The request must state the name and on hand under the requirements of this Yes, you must have a valid screener- address of your SASP or the donee the part; identification card (GSA Form 2946, prospective screener represents, and (d) Method of disposing of the Screener’s Identification) prior to certify that the applicant is qualified to agency’s physical and financial assets; screening and freezing property at screen as an authorized representative (e) Retention of all available records holding agencies. However, you and of the cited organization. A list of the of the SASP for a 2-year period donee representatives do not need a Federal installations the screener will be following liquidation; and screener-ID card to inspect, evaluate, or authorized to visit must accompany
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Distributing Property (a) The statutory requirement that the State. However, these components usable property be returned by the must continue to be used or be § 102±37.265 Are there special donee to the SASP if the property has otherwise disposed of in accordance requirements for distributing property to SEAs? not been placed in use for the purposes with this part. for which it was donated within one Yes, only DOD-generated property year of donation or ceases to be used by § 102±37.290 May a donee exchange may be donated to SEAs. Property donated property during the period of the donee for those purposes within one restriction? generated by Federal civil agencies are year of being placed in use, except that: not eligible for donation to SEAs, unless (1) You may grant authority to the Yes, a donee may exchange donated the SEAs also qualify under § 102– donee to cannibalize property items property during the period of restriction 37.225(b) to receive donations of subject to this requirement when you with the approval of GSA. The donee property. When donating DOD property determine that such action will result in must have used the donated item for its to eligible SEAs, you must observe any increased utilization of the property and acquired purpose for a minimum of 6 restrictions the sponsoring Military that the proposed action meets the months prior to being considered for Services may have imposed on the types standards prescribed in your plan of exchange, and it must be demonstrated of property the SEAs may receive. operation with respect to amendments, that the exchange will result in modifications, or releases of the terms increased utilization value to the donee. § 102±37.270 May we distribute property to As a condition of approval of the eligible donees of another State? and conditions imposed on donated property; or exchange, the item being exchanged Yes, you may distribute property to (2) You may, with the written cannot be in a noncompliance status. eligible donees of another State, if you concurrence of GSA, grant donees: The item acquired by the donee must and the other SASP determine that such (i) A time extension to place property be: an arrangement will be of mutual into use if the delay in putting the (a) Made subject to the period of benefit to you and the donees property into use was beyond the restriction remaining on the item concerned. Where such determinations control and without the fault or exchanged. are made, an interstate distribution negligence of the donee; or (b) Of equal or greater value than the cooperative agreement as prescribed in (ii) Authority to trade in one donated item exchanged. § 102–37.320 must be prepared and item for one like item having similar use submitted to the appropriate GSA potential. § 102±37.295 On what categories of regional office for approval. When (b) The terms, conditions, property has GSA imposed special handling acting under an interstate distribution reservations, and restrictions the conditions or use limitations? cooperative agreement, you must: Property Act requires you to impose on GSA has imposed special handling or (a) Require the donee recipient to the use of passenger motor vehicles and processing requirements on the property execute the distribution documents of any item of property having a unit categorized in this section. GSA may, on its home SASP. acquisition cost of $5,000 or more. a case-by-case basis, prescribe (b) Forward copies of executed (c) Any special handling condition or additional restrictions for handling or distribution documents to the donee’s use limitation imposed by GSA, except using these items or prescribe special home SASP. with the prior written approval of GSA. processing requirements on items in addition to those listed in this section. Terms and Conditions § 102±37.285 Do restrictions remain on property that has been authorized for (a) Aircraft and vessels. The § 102±37.275 What terms and conditions cannibalization? requirements of this section apply to the must we impose on the donee? Property authorized for donation of any fixed-or rotary-wing You must impose the terms and cannibalization must remain under the aircraft and donable vessels that are 50 conditions on the donee required in period of restriction imposed by the feet or more in length, having a unit your State plan of operation. transfer/distribution document pending acquisition cost of $5,000 or more, completion of the proposed regardless of the purpose for which § 102±37.280 May we waive any of the cannibalization. Components resulting donated. Such aircraft or vessels may be terms and conditions of donation? from the cannibalization, which have a donated to public agencies and eligible You may alter or grant releases from unit acquisition cost of $5,000 or more, nonprofit activities provided the aircraft State-imposed restrictions, provided must remain under the restrictions or vessel is not classified for reasons of your State plan of operation sets forth imposed by the transfer/distribution national security and any lethal the standards by which such actions document. Components with a unit characteristics are removed. The will be taken. You may not grant acquisition cost of less than $5,000 may following table provides locations of releases from, or amendments or be released upon cannibalization from other policies and procedures governing corrections to: the additional restrictions imposed by aircraft and vessels:
ForÐ SeeÐ
(1) Policies and procedures governing the donation of aircraft parts. Part 101±37, subpart 101±37.6, of this title.
(2) Documentation needed by GSA to process requests for aircraft or vessels. § 102±37.300.
(3) Special terms, conditions, and restrictions imposed on aircraft and vessels. § 102±37.305.
(4) Guidelines on preparing plans of utilization for aircraft or vessels. § 102±37.460.
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(b) Tax-free alcohol or specially (c) Your distribution document, has amended the letter, and it has been denatured alcohol. (1) When tax-free or signed and dated by the authorized approved in writing by you and GSA specially denatured alcohol is requested donee representative; and and a copy of the amendment recorded for donation, the donee must have a (d) A conditional transfer document, with FAA or the U.S. Coast Guard, as special permit issued by the Assistant signed by you and the intended donee, applicable. Regional Commissioner of the and containing the special terms, (d) In the event any of the terms, appropriate regional office, Bureau of conditions, and restrictions prescribed conditions, and restrictions imposed by Alcohol, Tobacco, and Firearms (BATF), by GSA. The conditional transfer the conditional transfer document are Department of the Treasury, to acquire document may include additional breached, title and right to the the property. You must include the terms, conditions, and restrictions possession of the aircraft or vessel will, BATF use-permit number on the SF 123. imposed by you on the use of the at the option of GSA, revert to the (2) You may not store tax-free or aircraft or vessel that are consistent with United States Government. The donee, specially denatured alcohol in your any Federal requirements or your plan at the option of GSA, will be liable to facilities. You must make arrangements of operation. However, none of the the Government for the proceeds from for this property to be shipped or Federal terms, conditions, and any unauthorized disposal or for the fair transported directly from the holding restrictions outlined in the executed market value or fair rental value of the agency to the designated donee. conditional transfer document, aircraft or vessel at the time of any including the requirement for an unauthorized transaction or use, as (c) M–151 vehicles. M–151 vehicles additional 48-month period of approved determined by GSA. have been identified as a hazard to the use, may be modified, amended, (e) If, during the period of restriction, safety of public highway users, and waived, released, or abrogated by you the aircraft or vessel is no longer eligible donees may not acquire these without the prior written approval of suitable, usable, or further needed by vehicles without mutilation. Mutilation GSA. the donee for the purpose for which the must result in the unitized body of the donee acquires it, the donee must vehicle being cut, crushed, or mangled § 102±37.305 What are the special terms, promptly notify you and request in such a manner as to completely conditions, and restrictions regarding aircraft and vessels? disposal instructions. You may not issue preclude rebuilding into a usable disposal instructions, except with the (a) The aircraft or vessel must be unitized body. When acquiring M–151 prior written concurrence of GSA. components and parts, the donee placed in use for the purpose for which (f) Combat-configured aircraft, as recipient must certify on the acquired no later than 12 months after designated by DOD, may not be donated distribution document that the acquisition and used for the same for flight purposes. components and parts will not be purpose for a 12-month period (g) For all aircraft donated for reassembled as a vehicle for highway thereafter. There shall be an additional nonflight use, the donee must, within 30 use. 48-month period of restriction which calendar days of receipt of the aircraft, (d) Hazardous materials, firearms, will expire after the aircraft or vessel remove and turn over to you the and property with unsafe or dangerous has been used for the purpose for which manufacturer’s data plate and the characteristics. For hazardous materials, acquired, except that the period of aircraft historical records (except the firearms, and property with unsafe or restriction for combat-configured records of the major components/life dangerous characteristics, see part 101– aircraft (aircraft having no commercial limited parts; e.g., engines, 42 of this title. flight application based upon their transmissions, rotor blades, etc., military design characteristics) runs in (e) Franked and penalty envelopes necessary to substantiate their reuse). perpetuity. and official letterheads. Franked and You must send the records and data (b) The donee of an aircraft must plate to GSA for forwarding to the FAA. penalty envelopes and official apply to the Federal Aviation letterheads may not be donated without Administration (FAA) for registration of Service and Handling Charges the SASP or donee certifying that all an aircraft intended for flight use within Federal Government markings will be § 102±37.310 May we accept personal 30 calendar days of receipt of the checks in payment of service charges? obliterated before use. aircraft. The donee of a vessel must, No, you may accept payments only in within 30 calendar days of receipt of the § 102±37.300 What documentation must the form of warrants, checks, or other vessel, apply for documentation of the we provide to acquire an aircraft or vessel? official instruments drawn or issued by, vessel under applicable Federal, State, The following documentation must be and in the name of, the respective donee and local laws and must record each submitted to GSA, along with the SF institution. If eligible donees have their document with the U.S. Coast Guard at 123, when you request an aircraft or operational expenses paid by a parent the port of documentation. The donee’s vessel covered by § 102–37.295: institution or organization, you may application for registration or accept checks issued by such parent (a) A letter of intent, signed and dated documentation must include a fully institutions in payment of the charges. by the authorized representative of the executed copy of the conditional proposed donee setting forth a detailed transfer document and a copy of its § 102±37.315 Are there restrictions on how plan of utilization for the property. (See letter of intent. The donee must provide we may use service charge funds or other § 102.37.460.) you and GSA with a copy of the FAA monies derived from donated Federal (b) A letter, signed and dated by you, registration (and a copy of its FAA property? confirming and certifying the Standard Airworthiness Certificate if the Except as provided in § 102–37.360, applicant’s eligibility and containing an aircraft is to be flown as a civil aircraft) you must use funds collected from evaluation of the applicant’s ability to and all the required documentation. service charges, or from other sources use the aircraft or vessel for the purpose (c) The aircraft or vessel must be used such as proceeds from sale of stated in its letter of intent and any solely in accordance with the executed undistributed property or funds other supplemental information conditional transfer document and the collected from compliance cases, solely concerning the needs of the donee plan of utilization set forth in the for the operation of the SASP and the which supports making the allocation; donee’s letter of intent, unless the donee benefit of participating donees. Funds
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§ 102±37.485 What information must we § 102±37.505 What steps must we take to § 102±37.525 What type of property is provide to GSA? acquire property? donable under this subpart? So that GSA has information on Upon receipt of information from Only property you have assigned for which to base its discretionary authority GSA regarding the availability of abandonment or destruction (see to approve the donation of surplus property for donation, you have 21 guidelines in part 101–45, subpart 101– 45.9, of this title) may be donated under personal property, you must: calendar days to inspect the property or this subpart. You may not donate (a) Provide copies of internal request it without inspection. Include instructions that outline the scope of property that requires destruction for pickup, shipping or delivery your oversight program for enforcing health, safety, or security reasons. You instructions in your request. compliance with the terms and must comply with all applicable laws conditions of transfer. § 102±37.510 What happens to property we and regulations and any special disposal (b) Report any compliance actions don't request? requirements in part 101–42 of this title involving donations to public airports. when disposing of hazardous materials Property you decline to request will and other dangerous property. Subpart GÐDonations to the American be offered to SASPs for distribution to National Red Cross eligible donees. If the property is § 102±37.530 Is there a special form for transferred, GSA will require the SASP processing donations? § 102±37.490 To whom do ``we'', ``you'', to ensure that all Red Cross labels or No, in processing donations you may and their variants refer? other Red Cross identifications are use any document that meets your Use of pronouns ‘‘we’’, ‘‘you’’, and obliterated or removed from the agency’s needs for maintaining an audit their variants throughout this subpart property before it is used. trail of the transaction. refers to the Red Cross National Headquarters. § 102±37.535 Who pays for costs Subpart HÐDonations to Public associated with the donation? Bodies in Lieu of Abandonment/ § 102±37.495 What is the authority for The recipient public body is Destruction donations to the American National Red responsible for paying the disposal costs Cross? § 102±37.515 To whom do ``we'', ``you'', incident to the donation, such as Subsection 203(l) of the Property Act and their variants refer? packing, preparation for shipment, authorizes donations, for charitable demilitarization (the act of destroying purposes, to the American National Red Use of pronouns ‘‘we’’, ‘‘you’’, and the military offensive or defensive Cross. their variants throughout this subpart advantage inherent in certain types of refers to the holding agency. property), loading, and transportation to § 102±37.500 What type of property may its site. we receive? § 102±37.520 What is a public body? You may receive surplus gamma Dated: March 24, 2000. A public body is any department, G. Martin Wagner, globulin, dried plasma, albumin, agency, special purpose district, or other antihemophilic globulin, fibrin foam, Associate Administrator for Governmentwide instrumentality of a State or local surgical dressings, or other products or Policy. government; any Indian tribe; or any materials you processed, produced, or [FR Doc. 00–9001 Filed 4–12–00; 8:45 am] agency of the Federal Government. donated to a Federal agency. BILLING CODE 6820±24±P
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Part V
Department of Education Life Skills for State and Local Prisoners Program; Notice Inviting Applications for New Awards for Fiscal Year (FY) 2000
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DEPARTMENT OF EDUCATION tables, figures, and graphs from a page the following invitational priorities. equivalency to a character count. However, an application that meets [CFDA No.: 84.255A] • Double space (no more than three these invitational priorities does not Life Skills for State and Local lines per vertical inch) all text in the receive competitive or absolute Prisoners Program; Notice Inviting application narrative, including titles, preference over other applications. headings, footnotes, quotations, Applications for New Awards for Fiscal Invitational Priority #1 Year (FY) 2000 references, and captions, as well as all text in charts, tables, figures, and Applications that demonstrate ways Note to Applicants: This notice is a graphs. in which eligible entities and the private complete application package. Together • Use a font that is either 12-point or sector can effectively work together to with the statute authorizing the program larger or no smaller than 10 pitch assist students who are criminal and applicable regulations governing (characters per inch). offenders under the supervision of the the program, including the Education The page and character count limits justice system to attain the life skills Department General Administrative do not apply to the Application for they need to make a successful Regulations (EDGAR), this notice Federal Education Assistance Form (ED transition from correctional education contains all of the information, 424); the Budget Information—Non- programs to productive employment, application forms, and instructions Construction Programs Form (ED 524), including— needed to apply for an award under this including the itemized budget; the other (a) Work experience or apprenticeship competition. application forms; the assurances and programs; Purpose of Program: The Life Skills certifications; or the table of contents, (b) Transitional worksite job training for State and Local Prisoners Program the text of the selection criteria within for students that is related to their provides financial assistance for the narrative, the resumes, or the letters occupational goals and closely linked to establishing and operating programs of support. classroom and laboratory instruction designed to reduce recidivism through We will reject your application if— provided by an eligible entity; • the development and improvement of You apply these standards and (c) Placement services in occupations life skills necessary for reintegration of exceed the page limit; or that the students are preparing to enter; • adult prisoners into society. You apply other standards and (d) Where practical, projects that Eligible Applicants: The following exceed the equivalent of the page limit. include activities that will benefit the entities are eligible for an award under Applicable Regulations: The public, such as the rehabilitation of this program: Education Department General public schools or housing in inner cities (a) State or local correctional agencies. Administrative Regulations (EDGAR) in or economically depressed rural areas; (b) State or local correctional 34 CFR Parts 74, 75, 77, 79, 80, 81, 82, or education agencies. 85, 86, 97, 98, 99, and the regulations (e) Employment-based learning Deadline for Transmittal of for this program in 34 CFR Part 490. programs. Applications: May 30, 2000. Definitions Invitational Priority #2 Deadline for Intergovernmental Applicants are encouraged to take Applications received from eligible Review: July 31, 2000. particular note of the following entities, that establish or operate a life Available Funds: $4,750,000 for the definitions that are contained in 34 CFR skills program for incarcerated adults first 12 months. Funding for the second 490.4: within an Empowerment Zone, and third 12 months is subject to ‘‘Life skills’’ includes self- including a Supplemental availability of funds and to a grantee development, communication skills, job Empowerment Zone (EZ), or an meeting the requirements of 34 CFR and financial skills development, Enterprise Community (EC) designated 75.253. education, interpersonal and family by the United States Department of Estimated Range of Awards: relationship development, and stress Housing and Urban Development or the $315,000—$475,000 (funding for first 12 and anger management. United States Department of months). ‘‘Local correctional agency’’ means Agriculture. The Department seeks to Estimated Average Size of Awards: any agency of local government that encourage eligible applicants within EZ/ $395,000. provides corrections services to EC communities to apply for grants in Estimated Number of Awards: 10–15. incarcerated adults. this competition. A list of EZ/EC Note: The Department is not bound by any ‘‘Local correctional education agency’’ communities is included in this notice. estimates in this notice. means any agency of local government, Selection Criteria Project period: Up to 36 months (3 other than a local correctional agency, twelve-month grant cycles). that provides educational services to The Secretary uses the following Page Limit: The application narrative incarcerated adults. selection criteria to evaluate is where you, the applicant, address the ‘‘State correctional agency’’ means applications for new grants under this selection criteria reviewers use to any agency of State government that competition. The maximum score for all evaluate your application. You must provides corrections services to of these criteria is 100 points. The limit the application narrative to the incarcerated adults. maximum score for each criterion is equivalent of no more than 75 pages ‘‘State correctional education agency’’ indicated in parentheses. (including appendices) or 2,000 means any agency of State government, The program regulations in 34 CFR characters per page for the page limit other than a State correctional agency, 490.20(b) provide that the Secretary may specified, using the following standards: that provides educational services to award up to 100 points for the selection • A page is 8.5 inches x 11 inches, on incarcerated adults. criteria, including a reserved 15 points. one side only, with 1-inch margins at For this competition, the Secretary the top, bottom, and both sides. For an Invitational Priorities distributes the reserved 15 points as electronic submission, a page equals Under 34 CFR 75.105(c)(1), the follows: 2,000 characters; and the Department of Secretary is particularly interested in Program Factors (34 CFR 490.21(a)). Education will convert any charts, applications that meet one or more of An additional ten points are added to
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Intergovernmental Review comment on proposed regulations. However, Attention: CFDA #84.255A, these amendments make procedural changes This program is subject to the Washington, DC 20202–4725. only and do not establish new substantive You must show one of the following requirements of Executive Order 12372 policy. Therefore, under 5 U.S.C. 553(b)(A), (Intergovernmental Review of Federal as proof of mailing: the Secretary has determined that proposed (1) A legibly dated U.S. Postal Service Programs) and the regulations in 34 CFR rulemaking is not required. part 79. The objective of the Executive postmark. (2) A legible mail receipt with the order is to foster an intergovernmental Pilot Project for Electronic Submission date of mailing stamped by the U.S. partnership and to strengthen of Applications Postal Service. federalism by relying on State and local The U.S. Department of Education is (3) A dated shipping label, invoice, or processes for State and local conducting a limited pilot project of receipt from a commercial carrier. government coordination and review of electronic submission of discretionary (4) Any other proof of mailing proposed Federal financial assistance. grant applications for selected programs. acceptable to the Secretary. Applicants must contact the The Life Skills for State and Local If you mail an application through the appropriate State Single Point of Prisoners Program (CFDA 84.255A) is U.S. Postal Service, we do not accept Contact to find out about, and to comply one of the programs included in the either of the following as proof of with, the State’s process under pilot project. If you are an applicant mailing: Executive order 12372. Applicants under the Life Skills for State and Local (1) A private metered postmark. proposing to perform activities in more Prisoners Program, you may submit (2) A mail receipt that is not dated by than one State should immediately your application to us in either the U.S. Postal Service. contact the Single Point of Contact for electronic or paper format. (B) If You Deliver Your Application by each of those States and follow the The pilot project involves the use of Hand: procedure established in each State the Electronic Grant Application System You or your courier must hand under the Executive order. If you want (e-GAPS) portion of the Grant deliver the original and two copies of to know the name and address of any Administration and Payment System the application by 4:30 P.M. State Single Point of Contact (SPOC), (GAPS). We request your participation (Washington, DC time) on or before the see the list included in this notice, or in the e-GAPS pilot project. By deadline date to: U.S. Department of you may view the latest SPOC list on participating you will have an Education, Application Control Center, the OMB Web site at the following opportunity to have input into the Attention: CFDA #84.255A, Room 3633, address: overall design and approach of e-GAPS. Regional Office Building 3, 7th and D http://www.whitehouse.gov/omb/grants. At the conclusion of the pilot project, Streets, SW., Washington, DC. we will evaluate its success and solicit The Application Control Center In States that have not established a suggestions for improvements. accepts application deliveries daily process or chosen a program for review, If you participate as a grant applicant between 8 a.m. and 4:30 P.M. State, areawide, regional, and local in an e-GAPS pilot, please note the (Washington, DC time), except entities may submit comments directly following: Saturdays, Sundays, and Federal to the Department. Any State Process • Your participation is voluntary. holidays. The Center accepts Recommendation and other comments • You will not receive any additional application deliveries through the D submitted by a State Single Point of point value or penalty because you Street entrance only. A person Contact and any comments from State, submit a grant application in electronic delivering an application must show areawide, regional, and local entities or paper format. identification to enter the building. must be mailed or hand-delivered by the • You can submit all documents (C) If You Submit Your Application date indicated in this notice to the electronically, including the Electronically: following address: The Secretary, E.O. Application for Federal Assistance (ED You must submit your grant 12372—CFDA #84.255A, U.S. 424), Budget Information—Non- application through the Internet using Department of Education, 400 Maryland Construction Programs (ED Form No. the software provided on the e-Grants Avenue, SW., Room 7E200, Washington, 524), and all necessary assurances and Web site (http://e-grants.ed.gov) by 4:30 DC 20202–0125. certifications. We may request that you p.m. (Washington, DC time) on the Proof of mailing will be determined give us original signatures on forms at deadline date. on the same basis as applications (see 34 a later date. The regular hours of operation of the CFR 75.102). Recommendations or You may access the electronic grant e-Grants Web site are 6:00 a.m. till 12:00 comments may be hand-delivered until application for the Life Skills for State midnight (Washington, DC time) daily, 4:30 p.m. (Eastern time) on the date and Local Prisoners Program at: except Saturdays, Sundays, and Federal indicated in this notice. http://e-grants.ed.gov holidays. Please note that on Please note that the above address is We have included additional Wednesdays the Web site is closed for not the same address as the one to information about the e-GAPS pilot maintenance at 7:00 p.m. (Washington, which the applicant submits its project (see Parity Guidelines between DC time). completed application. Do not send Paper and Electronic Applications) in Notes: applications to the above address. this notice. (1) The U.S. Postal Service does not Instructions for Transmittal of If you want to apply for a grant and uniformly provide a dated postmark. Applications be considered for funding, you must Before relying on this method, you meet the following deadline should check with your local post Note: Some of the procedures in these requirements: office. instructions for transmitting applications (A) If You Send Your Application by (2) If you send your application by differ from those in the Education Department General Administrative Mail: mail or deliver it by hand or by a courier Regulations (EDGAR) (34 CFR 75.102). Under You must mail the original and two service, the Application Control Center the Administrative Procedure Act (5 U.S.C. copies of the application on or before will mail a Grant Application Receipt 553) the Department generally offers the deadline date to: U.S. Department of Acknowledgment to you. If you do not interested parties the opportunity to Education, Application Control Center, receive the notification of application
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[FR Doc. 00–9140 Filed 4–12–00; 8:45 am] BILLING CODE 4000±01±C
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Part VI
Department of Health and Human Services Office of Public Health and Science
Announcement of Availability of Grants for Adolescent Family Life Demonstration Projects; Notice
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DEPARTMENT OF HEALTH AND preparing the application, it is The following application HUMAN SERVICES important to follow ALL instructions requirements contain information contained in the application kit. collections subject to OMB approval Office of Public Health and Science FOR FURTHER INFORMATION CONTACT: The under Paperwork Reduction Act of 1995 (Pub. L. 104–13). These information Announcement of Availability of OAPP Program Office at (301) 594–4004. Staff is available to answer questions collections have been approved by OMB Grants for Adolescent Family Life under control number 0937–0198. Demonstration Projects and provide limited technical assistance in the preparation of grant applications. Eligible Applicants AGENCY: Office of Adolescent Pregnancy SUPPLEMENTARY INFORMATION: Title XX Programs, Office of Population Affairs, Any public or private nonprofit of the Public Health Service Act, 42 OPHS, HHS. organization or agency is eligible to U.S.C. 300z. et seq., authorizes the apply for a grant. Grants are awarded ACTION: Notice. Secretary of Health and Human Services only to those organizations or agencies SUMMARY: The Office of Adolescent to award grants for demonstration which are determined to demonstrate Pregnancy Programs (OAPP) requests projects to provide services to pregnant the capability of providing the proposed applications for care demonstration and nonpregnant adolescents, services and meet the statutory grants under the Adolescent Family Life adolescent, parents and their families. requirements. (AFL) Demonstration Projects Program. (Catalog of Federal Domestic Assistance These Title XX grants are for Youth Development Approach community-based and community- Number 93.995) Title XX authorizes grants for three types of demonstration Socio-economic factors such as supported demonstration projects to poverty, substandard housing, violence establish comprehensive and integrated projects: (1) Projects which provide ‘‘care services’’ only (i.e., services for within a community, racial disparities, approaches to the delivery of care and gender inequality all contribute to services to pregnant adolescents, the provision of care to pregnant adolescents, adolescent parents and early sexual activity and pregnancy. An adolescent parents, their children, their adolescent’s ability to plan for their extended family members, and their their families); (2) projects which provide ‘‘prevention services’’ only (i.e., future is hampered not only by their male partners. family’s inability to meet basic needs, Funds will be available for services to prevent adolescent sexual but also by the societal disparities that approximately 15–20 care relations); and (3) projects which create unequal access to enrichment demonstration projects, which may be provide a combination of care and programs, job opportunities, support located in any State, the District of prevention services. Under this program announcement, groups and mental health care, etc. Columbia, and United States territories, Adolescent health experts, public commonwealths and possessions. OAPP intends to make available approximately $4 million to support an health officials, sociologists, and the DATES: The closing date for this grant medical community have long agreed announcement is May 30, 2000. estimated 15–20 new care demonstration projects. The awards for that to effectively prevent secondary Applications will be considered as adolescent pregnancy among youth, meeting the deadline if they are care projects will range from $250,000 to $350,000. Federal, state and local level programs postmarked on or before the closing must include multiple and date. A legibly dated receipt from a Grants may be approved for project complementary approaches to teen commercial carrier or U.S. Postal periods of up to five years. Grants are pregnancy prevention. Service will be accepted in lieu of a funded in annual increments (budget A more holistic approach to postmark. Private metered postmarks periods). Funding for all approved preventing secondary teen pregnancies will not be accepted as proof of timely budget periods beyond the first year of is often termed ‘‘youth development.’’ It mailing. All hand delivered applications the grant is contingent upon the has been documented that successful must be received between the hours of availability of funds, satisfactory youth development projects are those 8:30 am and 5:00 pm on or before the progress of the project, and adequate where adolescents themselves are an above closing date. Applicants which do stewardship for Federal funds. A grant integral part of the design, not meet the deadline will be award may not exceed 70 percent of the implementation, and evaluation phases considered late applications and will be total costs of the project for the first and over the life of the project. Adolescents returned to the applicant. Applications second years, 60 percent of the total need to see hope for a future, acquire will not be accepted by fax or e-mail. costs for the third year, 50 percent for the skills necessary to turn hopes into The submission deadline will not be the fourth year and 40 percent for the reality, and be provided with an array extended. fifth year. The non-Federal share of the of opportunities to get them to that ADDRESSES: Application kits consisting project costs may be provided in cash reality. of the appropriate forms, a copy of the expenditures or fairly evaluated in-kind The OAPP encourages applicants to Title XX legislation, and guidance on contributions, including facilities, take a youth development approach that the preparation of the application may equipment and services. works to address the societal disparities be downloaded from the following Applications are encouraged from that contribute to repeat adolescent INTERNET address: www.dhhs.gov/ experienced organizations which are pregnancy and poor health outcomes for progorg/opa. If you do not have access currently operating programs and which young mothers, their children, fathers to the INTERNET, you may obtain a kit have the capability of expanding and and extended families. In addition, the from the Grants Management Office, enhancing these services to serve OAPP encourages applicants to provide Office of Populations Affairs, 4350 East- significant numbers of adolescents opportunities for improving the West Highway, Suite 200, Bethesda, MD according to the guidelines specified in adolescents’ senses of self through 20814. Written requests for application this announcement. cultural understanding, sports and kits may be faxed to (301) 594–5981. All The specific services which may be recreation,visual and performing arts, completed applications must be funded under Title XX are listed below and other activities that build an submitted to the Grants Management under the heading entitled CARE adolescent’s sense of self-worth and Office at the above mailing address. In SERVICES. self-efficacy. All services provided by
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AFL grantees, however, including all (b) Education on the responsibilities of which will assist in providing activities that are part of a youth sexuality and parenting; monitoring and evaluation of the development approach, must be within (c) The development of material to support proposed program. The OAPP strongly the scope of the Title XX care services the role of partents as the providers of sex recommends extensive collaboration education; and listed below. (d) Assistance to parents, schools, youth between the applicant organization and the proposed evaluator in the Care Services agencies and health providers to educate adolescents and preadolescents concerning development of the program goals and Under this announcement, funds are self-discipline and responsibility in human objectives of the intervention, available for local care demonstrations sexuality; identification of the variables to be only. The project site must be identified (8) Appropriate education and vocational measured, a clear and organized in the application rather than selected services; timetable for initiation of the after the grant is awarded. (9) Mental health services and referral to intervention, baseline measurement, mental health services and to other and ongoing evaluation data collection Under the statute the purpose of care appropriate physical health services; and programs is to establish innovative, (10) Counseling and referral for family and analysis strategies. Additionally, it comprehensive, and integrated services. is also important to establish this approaches to the delivery of care Note: Funds provided under Title XX may collaborative relationship between the services for pregnant adolescents and not be used for the provision of family applicant organization and the proposed adolescent parents under 19 years of age planning services other than counseling and evaluator early to ensure that the at program entry, with primary referral services unless appropriate family project’s proposed goals and objectives emphasis on unmarried adolescents planning services are not otherwise available and the evaluation are in full alignment who are 17 years old or younger and for in the community. In accordance with with each other. The proposed evaluator their families. This includes young section, 2006(a)(17) of the Title XX (42 U.S.C. should be included in program planning fathers and their families. 300z-5(a)917)), applicants must make meetings to ensure that there is maximum use of services 2006(a)(17) of Title uniformity in the intended outcomes of The OAPP encourages the submission XX (42 U.S.C. 300z-5(a)(17)), applicants must of care applications which propose to make maximum use of services available the program. do the following: (1) Add care services under the Title X Family Planning Program Application Requirements to supplement existing adolescent in providing this required core service. Applications must be submitted on health services in school, hospital or In addition to the 10 required core the forms supplied (PHS 516 1–1, other community settings, (2) provide services listed above, applicants for care Revised 6/99) complete in the manner care services to minority or other projects may provide any of the prescribed in the application kits disadvantaged populations, (3) continue following supplemental services: provided by the OAPP. Incomplete services to clients after the delivery of (1) Referral to licensed residential care of applications will be returned to the the baby to enable them to acquire good maternity home services; applicant. Applicants are required to parenting skills and to ensure that their (2) Child care sufficient to enable the submit an application signed by an children are developing normally adolescent parent to continue education or to individual authorized to act for the physically, intellectually and enter into employment; applicant agency or organization and to emotionally, (4) stress self-sufficiency (3) Consumer education; assume for the organization the skills, such as school completion (in (4) Counseling for the immediate and obligations imposed by the terms and mainstream or alternative schools and extended family members of the eligible conditions of an application signed by GED programs) and/or job training person; (5) Transportation; and an individual authorized to act for the preparation and placement, (5) involve (6) Outreach services to families of applicant agency or organization and to males and promote male responsibility, adolescents to discourage sexual relations assume for the organization the and (6) provide STD and HIV among unemancipated minors. obligations imposed by the terms and prevention counseling. Applicants Evaluation conditions of the grant award. should base their approaches upon an Applicants must be familiar with Title Section 2006(b)(1) of Title XX assessment of existing programs and, XX in its entirety to ensure that they requires each grantee to expend at least where appropriate, upon efforts to have complied with all applicable one percent but not more than five establish better coordination, integration requirements. A copy of the legislation percent of the Federal funds received and linkages among such existing is included in the application kit. programs. under Title XX on evaluation of the Applicants for care projects are project. Waivers above the five percent Additional Requirements required to provide, either directly or by limit on evaluation may be granted in Applicants for grants must also meet referral, the following 10 core services: cases where a more rigorous or both of the following requirements (each comprehensive evaluation effort is (1) Pregnancy testing and maternity year): proposed (see sec. 2006(b)(1)). As this is counseling: (1) Requirements for Review of an (2) Adoption counseling and referral a demonstration program, all Application by the Governor. Section 2006(e) services which present adoption as an option applications are required to have an of Title XX requires that each applicant shall for pregnant adolescents, including referral to evaluation component of high quality provide the Governor of the State in which licensed adoption agencies in the consistent with the scope of the the applicant is located a copy of each (3) Primary and preventive health services, proposed project and the funding application submitted to OAPP for a grant for including prenatal and postnatal care; Section 2006(b)(2) of Title XX a demonstration project for services under (4) Nutrition information and counseling; requires that the evaluations be this Title. The Governor has 60 days from the (5) Referral for screening and treatment of conducted by an organization or entity receipt date in which to provide comments STDs, including HIV/AIDS; independent of the grantee providing to the applicant. (6) Referral to appropriate pediatric care; An applicant may comply with this (7) Educational services relating to family services. To assist in conducting the requirement by submitting a copy of the life and problems associated with adolescent evaluations, each grantee shall develop application to the Governor of the State in premarital sexual relations including: a working relationship with a college or which the applicant is located at the same (a) Information about adoption; university located in the grantee’s state time the application is submitted to OAPP.
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To inform the Governor’s office of the reason of independent reviewers and assessed (2) The incidence of adolescent pregnancy for the submission, a copy of this notice according to the following criteria: and the availability of services in the should be attached to the application. geographic area to be served; (2) Requirements for Review of an (1) The capacity of the proposed applicant organization to provide rapid and effective (3) The population to be served; Application Pursuant to Executive Order (4) Youth and community commitment to 12372 (SPOC) Requirements). Applicants use of resources needed to conduct the and involvement in planning and under this announcement are subject to the project, collect data and evaluate it. This review requirements of E.O. 12372, includes personnel, time and facilities. (30 implementation of the demonstration project; ‘‘Intergovernmental Review of Federal points) (5) The organizational model(s) for delivery Programs,’’ as implemented by 45 CFR part (2) The applicant’s rationale for use of the of service; 100, ‘‘Intergovernmental Review of proposed approach and its worth for testing (6) The usefulness for policymakers and Department of Health and Human Services and/or replication based upon its previous service providers of the proposed project and and Activities.’’ E.O. 12372 sets up a system demonstration, review of the literature and/ its potential for complementing existing or evaluation findings. (20 points) for state and local government review of adolescent health models; (3) The applicant’s presentation of an proposed Federal assistance applications. As (7) The reasonableness of the estimated appropriate project design, consistent with soon as possible, the applicant (other than cost to the government considering the Federally-recognized Indian tribal the requirements of Title XX, including a anticipated results. governments) should contact the State Single clear statement of goals and objectives, reasonable methods for achieving the Point of Contact (SPOC) for each state in the OAPP does not release information area to be served. The application kit objectives, a reasonable workplan and contains the currently available listing of the timetable and a clear statement of results or about individual applications during the SPOCs which have elected to be informed of benefits expected. (30 points) review process until final funding the submission of applications. For those (4) The applicant’s presentation of a decisions have been made. When these states not represented on the listing, further detailed evaluation plan, indicating an decisions have been made, applicants inquiries should be made by the applicant understanding of program evaluation will be notified by letter of the outcome regarding submission to the relevant SPOC. methods and reflecting a practical, of their applications. The official The SPOC’s comment(s) should be forwarded technically sound approach to assessing the document notifying an applicant that an to the Grants Management Office, Office of project’s achievement of program objectives. Population Affairs, 4350 East-West Highway, (20 points) application has been approved for funding is the Notice of Grant Award, Suite 200, Bethesda, MD 20814. The SPOC Final grant award decisions will be has 60 days from the closing date of this which specifies to the grantee the announcement to submit any comments. made by the Deputy Assistant Secretary amount of money awarded, the purpose for Population Affairs In making these of the grant, the terms and conditions of Application Consideration and decisions, the Deputy Assistant the grant award, and the amount of Assessment Secretary for Population Affairs will funding to be contributed by the grantee Applications which are judged to be take into account the extent to which to project costs. late, incomplete or which do not grants recommended for approval will Dated: April 7, 2000. conform to the requirements of this provide an appropriate geographic program announcement will not be distribution of resources, the priorities Denese O. Shervington, accepted for review. Applicants will be in sec. 2005(a), and the other factors in Deputy Assistant Secretary for Population so notified, and the application will be sec. 2005, including consideration of: Affairs. returned. All other applications will be (1) The applicant’s capacity to administer [FR Doc. 00–9148 Filed 4–12–00; 8:45 am] reviewed by a multi-disciplinary panel funds responsibly; BILLING CODE 4160±17±M
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Reader Aids Federal Register Vol. 65, No. 72 Thursday, April 13, 2000
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING APRIL
Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 523±5227 3 CFR 915...... 17458 Presidential Documents Proclamations: 13 CFR Executive orders and proclamations 523±5227 7283...... 17552 120...... 17439 7284...... 17981 The United States Government Manual 523±5227 7285...... 17983 14 CFR 7286...... 17985 25...... 19294 Other Services 7287...... 19641 39 ...... 17583, 17586, 17763, Electronic and on-line services (voice) 523±4534 7288...... 19819 17987, 18879, 18881, 18883, Privacy Act Compilation 523±3187 7289...... 19821 19296, 19298, 19299, 19300, 523±6641 7290...... 19823 Public Laws Update Service (numbers, dates, etc.) 10302, 19305, 19306, 10308, TTY for the deaf-and-hard-of-hearing 523±5229 5 CFR 10310, 10313 71 ...... 17588, 17589, 19315, 532...... 17755 19316, 19317, 19818, 19826, ELECTRONIC RESEARCH 550...... 19643 19827, 19828 553...... 19643 World Wide Web 91...... 17736 1201...... 19293 93...... 17736 Full text of the daily Federal Register, CFR and other Proposed Rules: publications: 97...... 17990, 17991 1605...... 19862 121...... 17736, 18886 http://www.access.gpo.gov/nara 7 CFR 135...... 17736 Federal Register information and research tools, including Public 1206...... 19646 29...... 19825 Inspection List, indexes, and links to GPO Access: 932...... 19644 Proposed Rules: http://www.nara.gov/fedreg 985...... 17756 23...... 17613 989...... 18871 39 ...... 17471, 17818, 17822, E-mail 17824, 17827, 18010, 18258, Proposed Rules: 18260, 19345, 19348, 19350 PENS (Public Law Electronic Notification Service) is an E-mail 28...... 17609 71 ...... 17616, 19699, 19700, service for notification of recently enacted Public Laws. To 984...... 17809 19701 subscribe, send E-mail to 1218...... 17612 158...... 18932 [email protected] 8 CFR with the text message: 16 CFR 214...... 18432 subscribe PUBLAWS-L your name 248...... 18432 305...... 17554 1615...... 19818 Use [email protected] only to subscribe or unsubscribe to 9 CFR 1616...... 19818 PENS. We cannot respond to specific inquiries. 71...... 18875 Proposed Rules: Reference questions. Send questions and comments about the 80...... 18875 250...... 18933 Federal Register system to: 91...... 19294 17 CFR [email protected] 201...... 17758 The Federal Register staff cannot interpret specific documents or Proposed Rules: 242...... 18888 93...... 17455 regulations. 18 CFR 10 CFR 2...... 18221 FEDERAL REGISTER PAGES AND DATE, APRIL 72...... 17552 35...... 18221, 18229 385...... 18229 17435±17582...... 3 Proposed Rules: 71...... 18010 17583±17754...... 4 19 CFR 73...... 18010 17755±17986...... 5 Proposed Rules: 17987±18220...... 6 11 CFR 134...... 17473 18221±18870...... 7 Proposed Rules: 18871±19292...... 10 101...... 19339 20 CFR 19293±19642...... 11 102...... 19339 219...... 19829 19643±19818...... 12 104...... 19339 325...... 19647 19819±20062...... 13 109...... 19339 330...... 19647 114...... 19339 335...... 19647 9003...... 19339 336...... 19647 9033...... 19339 404...... 17994 416...... 17994 12 CFR 951...... 17435 21 CFR 997...... 17435 5...... 19829 Proposed Rules: 211...... 18888 560...... 17811 720...... 18888
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809...... 18230 913...... 18237 62 ...... 18249, 18252, 18909 22...... 17445 864...... 18230 931...... 18889 93...... 18911 24...... 18255 868...... 19833 180...... 17773 27...... 17594 870...... 19317 31 CFR 1820...... 19328 17773 43...... 18926, 19818 872...... 18234 Ch. 5 ...... 17590 261...... 18918 51...... 19335 876...... 18236, 19650 210...... 18866, 19818 300...... 18925 52...... 18256 878...... 19835 Proposed Rules: 64...... 18255 884...... 19833 32 CFR 2...... 19703 73 ...... 17607, 17775, 19336 888...... 19317 318...... 18894 52 ...... 17841, 18014, 18266, 101...... 17445 890...... 19317, 19833 323...... 18900 18947, 19353, 19864, 19865, Proposed Rules: 1301...... 17552 581...... 17440 19964 1...... 19580 1308...... 17440, 17552 Proposed Rules: 62...... 18266, 18956 43...... 19725 Proposed Rules: 327...... 18938 63...... 19152 73 ...... 17617, 17618, 17619 10...... 18934 141...... 17842, 19046 111...... 17474 33 CFR 142...... 17842, 19046 48 CFR 201...... 18934 258...... 18014 117 ...... 17443, 17766, 18242, 213...... 19849 250...... 18934 300...... 18956 19836 225...... 19849 290...... 18934 434...... 19440 162...... 18242 226...... 19858 310...... 18934 761...... 18018 Proposed Rules: 235...... 19859 329...... 18934 110...... 18261 241...... 19818 341...... 18934 41 CFR 117...... 18264 242...... 19849 361...... 18934 Proposed Rules: 165...... 18261 252...... 19849, 19859 369...... 18934 101-44...... 20014 606...... 18934 34 CFR 102-37...... 20014 Proposed Rules: 610...... 18934 15...... 17582 75...... 19606 42 CFR 204...... 19865, 19866 379...... 18214 24 CFR 409...... 18434 252...... 19866 611...... 19606 410...... 18434, 19330 200...... 17974 674...... 18001 411...... 18434, 19330 49 CFR 26 CFR 37 CFR 412...... 18434 533...... 17776 Proposed Rules: 413...... 18434 Proposed Rules: Proposed Rules: 414...... 19330 1 ...... 17829, 17835, 19702 1...... 17946, 18154 195...... 18020 20...... 17835 415...... 19330 544...... 18267 5...... 17946 419...... 18434 25...... 17835 201...... 17840 571...... 17842 301...... 17617 424...... 18434 1180...... 18021 38 CFR 485...... 19330 489...... 18434 27 CFR 50 CFR 8...... 19658 498...... 18434 Proposed Rules: 21...... 18151 1003...... 18434 17...... 17779, 19686 4...... 17839 Proposed Rules: 226...... 17786 275...... 17477 21...... 17477 44 CFR 300...... 17805 28 CFR 65...... 19664, 19666 600...... 17805 39 CFR 67...... 19669 635...... 19860 2...... 19996 111...... 17593, 17766 Proposed Rules: 660...... 17805, 17807 Proposed Rules: 67...... 19710 679 ...... 17808, 18257, 19338 2...... 20006 40 CFR Proposed Rules: 52 ...... 19836, 19838, 19992 46 CFR 17...... 18026, 19728 29 CFR 131...... 19659 Proposed Rules: 223...... 17852 Proposed Rules: 180...... 19662, 19842 310...... 18957 600...... 18270, 18271 1910...... 19702 52 ...... 17444, 17768, 17771, 635...... 18960 18003, 18008, 18009, 18245, 47 CFR 648...... 18270, 18271 30 CFR 18901, 18903, 19319, 19323 1...... 19818 660...... 19734 250...... 18432 60...... 18906 20...... 19818 679...... 18028, 19354
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REMINDERS reporting and recordkeeping comments due by 4-21- due by 4-17-00; The items in this list were requirements: 00; published 3-24-00 published 3-17-00 editorially compiled as an aid Bank Secrecy Act; AGRICULTURE Loan policies and to Federal Register users. implementationÐ DEPARTMENT operationsÐ Inclusion or exclusion from Money transmitters and Food and Nutrition Service Loans to designated this list has no legal money order and Child nutrition programs: parties; approval; significance. traveler's check issuers, Women, infants, and comments due by 4-17- sellers, and redeemers; children; special 00; published 3-17-00 suspicious transactions RULES GOING INTO supplemental nutrition FEDERAL reporting requirement; programÐ COMMUNICATIONS EFFECT APRIL 13, 2000 published 3-14-00 Certification integrity; COMMISSION Common carrier services: DEFENSE DEPARTMENT comments due by 4-20- COMMENTS DUE NEXT 00; published 1-21-00 Incumbent local exchange Acquisition regulations: WEEK carriers; depreciation Caribbean basin countries; AGRICULTURE DEPARTMENT requirements review; 1998 published 4-13-00 biennial regulatory review; Foreign acquisition; AGRICULTURE Import quotas and fees: DEPARTMENT comments due by 4-17- published 4-13-00 Sugar-containing products; 00; published 4-12-00 Indian organizations and Agricultural Marketing tariff-rate quota licensing; Service comments due by 4-17- Radio stations; table of Indian-owned economic assignments: enterprises, utilization; Livestock Mandatory Reporting 00; published 3-17-00 Arizona; comments due by published 4-13-00 Act: COMMERCE DEPARTMENT 4-17-00; published 3-3-00 Manufacturing technology Livestock packers and National Oceanic and California; comments due by program; published 4-13- products processors and Atmospheric Administration 4-17-00; published 3-3-00 00 importers; market Fishery conservation and Indiana; comments due by ENVIRONMENTAL reporting requirements; management: 4-17-00; published 3-3-00 PROTECTION AGENCY comments due by 4-17- Magnuson-Stevens Act Air quality implementation 00; published 3-17-00 provisionsÐ FEDERAL RESERVE SYSTEM plans; approval and Onions grown inÐ Atlantic herring; comments promulgation; various Texas; comments due by 4- due by 4-21-00; Bank holding companies and States: 17-00; published 2-16-00 published 3-7-00 change in bank control (Regulation Y): Arizona; published 4-13-00 Papayas grown inÐ DEFENSE DEPARTMENT Washington; published 4-13- Hawaii; comments due by Financial holding company Privacy Act; implementation; requirementsÐ 00 4-18-00; published 2-18- comments due by 4-17-00; Pesticides; tolerances in food, 00 published 2-16-00 Elections by foreign animal feeds, and raw banks, etc.; comments Perishable Agricultural ENVIRONMENTAL agricultural commodities: due by 4-17-00; Commodities Act; PROTECTION AGENCY Fenhexamid; published 4- implementation: published 3-21-00 Air quality implementation 13-00 HEALTH AND HUMAN License and complaint filing plans: HEALTH AND HUMAN fees increase; comments SERVICES DEPARTMENT Interstate ozone transport SERVICES DEPARTMENT due by 4-17-00; published Food and Drug reductionÐ Food and Drug 2-15-00 Administration Nitrogen oxides Administration Food for human consumption: Prunes (dried) produced inÐ emissions; stay of 8- Medical devices: California; comments due by hour portion of findings Food labelingÐ Class III preamendment 4-17-00; published 1-19- of significant Trans fatty acids in devices; lung water 00 contribution and nutrition labeling, monitor, powered vaginal Spearmint oil produced in Far rulemaking; comments nutrient content claims, muscle sitmulator for West; comments due by 4- due by 4-17-00; and health claims; therapeutic use, and 17-00; published 2-17-00 published 3-1-00 comments due by 4-17- stairclimbing wheelchair; Air quality implementation 00; published 2-16-00 published 4-13-00 AGRICULTURE DEPARTMENT plans; approval and Foods for human Organization, functions, and promulgation; various consumption: authority delegations: Animal and Plant Health Inspection Service States: Food labelingÐ Headquarters; published 4- Animal welfare: California; comments due by Dietary supplements; use 13-00 4-21-00; published 3-22- Potentially dangerous of health claims based TRANSPORTATION 00 on authoritative DEPARTMENT animals; training and handling; policy statement; Florida; comments due by statements; meeting; Coast Guard comments due by 4-18- 4-17-00; published 3-17- comments due by 4-19- Drawbridge operations: 00; published 2-18-00 00 00; published 3-16-00 Louisiana; published 3-29-00 Interstate transportation of New Mexico; comments due INTERIOR DEPARTMENT TRANSPORTATION animals and animal products by 4-19-00; published 3- Fish and Wildlife Service 20-00 DEPARTMENT (quarantine): Endangered and threatened National Highway Traffic Tuberculosis in cattle, bison, Oregon; comments due by species: 4-21-00; published 3-22- Safety Administration goats, and captive Findings on petitions, etc.Ð 00 Seat belt use: cervidsÐ Yellow-billed cuckoo; State observational surveys; State and zone FARM CREDIT comments due by 4-17- uniform criteria; published designations; comments ADMINISTRATION 00; published 2-17-00 3-14-00 due by 4-21-00; Farm credit system: Mountain yellow-legged frog; TREASURY DEPARTMENT published 3-7-00 Disclosure to shareholdersÐ southern California distinct Currency and foreign State and zone Annual reporting vertebrate population transactions; financial designations; correction; requirements; comments segment; comments due
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by 4-19-00; published 3- provisions; comments due Tobacco productsÐ may be used in conjunction 20-00 by 4-17-00; published 3- Importation restrictions, with ``P L U S'' (Public Laws INTERIOR DEPARTMENT 17-00 markings, minimum Update Service) on 202±523± 6641. This list is also Surface Mining Reclamation POSTAL SERVICE manufacturing available online at http:// and Enforcement Office Practice and procedure: requirements, and www.nara.gov/fedreg. Abandoned mine land Administrative subpoenas; penalty provisions; reclamation: issuance procedures in comments due by 4-20- investigations of false 00; published 3-21-00 The text of laws is not Fee collection and coal representations and published in the Federal production reporting; TREASURY DEPARTMENT lotteries; comments due Register but may be ordered OSM-1 Form; electronic Comptroller of the Currency by 4-17-00; published 3- in ``slip law'' (individual filing; comments due by 16-00 Independent trust banks; pamphlet) form from the 4-17-00; published 2-15- SECURITIES AND assessment formula; Superintendent of Documents, 00 EXCHANGE COMMISSION comments due by 4-20-00; U.S. Government Printing published 3-21-00 LIBRARY OF CONGRESS Securities: Office, Washington, DC 20402 Copyright Office, Library of Supplementary financial TREASURY DEPARTMENT (phone, 202±512±1808). The Congress information; comments Internal Revenue Service text will also be made Copyright office and due by 4-17-00; published Income taxes: available on the Internet from procedures: 1-31-00 Asset transfers to Regulated GPO Access at http:// Sound recordings, public TRANSPORTATION Investment Companies www.access.gpo.gov/nara/ performance; service DEPARTMENT (RICs) and Real Estate index.html. Some laws may definition; comments due Coast Guard Investment Trusts not yet be available. by 4-17-00; published 3- Pollution: (REITs); cross-reference 16-00 Single hull tank vessels; and hearing; comments H.R. 5/P.L. 106±182 NATIONAL ARCHIVES AND phase-out date due by 4-19-00; published RECORDS ADMINISTRATION requirements; clarification; 2-7-00 Senior Citizens' Freedom to comments due by 4-17- Work Act of 2000 (Apr. 7, National security-classified Hyperinflationary currency; 00; published 1-18-00 2000; 114 Stat. 198) information; declassification; definition; comments due Regattas and marine parades: comments due by 4-17-00; by 4-20-00; published 1- Last List April 10, 2000 published 2-17-00 Miami Super Boat Grand 13-00 Prix; comments due by 4- Correction; comments due 17-00; published 3-2-00 VETERANS AFFAIRS by 4-17-00; published 2- DEPARTMENT 28-00 TRANSPORTATION DEPARTMENT Adjudication; pensions, Public Laws Electronic compensation, dependency, NATIONAL CREDIT UNION Federal Aviation Notification Service ADMINISTRATION etc.: Administration (PENS) Credit unions: Airworthiness directives: Benefit claims decisions; Prompt corrective actionÐ Airbus; comments due by 4- review; comments due by Risk-based net worth 17-00; published 3-16-00 4-18-00; published 2-18- requirement; comments Bell; comments due by 4- 00 PENS is a free electronic mail due by 4-18-00; 17-00; published 2-17-00 Claims based on tobacco notification service of newly published 2-18-00 Cameron Ballons, Ltd.; product effects; comments enacted public laws. To due by 4-17-00; published NORTHEAST DAIRY comments due by 4-17- subscribe, go to www.gsa.gov/ 2-16-00 COMPACT COMMISSION 00; published 2-22-00 archives/publaws-l.html or Cessna Aircraft Co.; Board of Veterans Appeals: send E-mail to Over-order price regulations: comments due by 4-17- Appeals regulations and [email protected] with Supply management 00; published 2-22-00 the following text message: program; hearings; rules of practiceÐ Rolls-Royce plc; comments Subpoenas; clarification; comments due by 4-19- due by 4-17-00; published SUBSCRIBE PUBLAWS-L 00; published 3-8-00 comments due by 4-17- 2-16-00 00; published 2-15-00 Your Name. PERSONNEL MANAGEMENT Class E airspace; comments OFFICE due by 4-17-00; published Note: This service is strictly Excepted service, career 3-22-00 LIST OF PUBLIC LAWS for E-mail notification of new conditional employment TREASURY DEPARTMENT laws. The text of laws is not system, and promotion and Alcohol, Tobacco and This is a continuing list of available through this service. internal placement: Firearms Bureau public bills from the current PENS cannot respond to Veterans Employment Alcohol, tobacco, and other session of Congress which specific inquiries sent to this Opportunities Act; staffing excise taxes: have become Federal laws. It address.
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