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

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Contents Federal Register Vol. 64, No. 158

Tuesday, August 17, 1999

Agricultural Marketing Service Agency information collection activities: RULES Submission for OMB review; comment request, 44692– Pork promotion, research, and consumer information order, 44693 44643–44644 Arms sales notification; transmittal letter, etc., 44693–44697 NOTICES Committees; establishment, renewal, termination, etc.: Agency information collection activities: Defense Policy Board Advisory Committee, 44697 Proposed collection; comment request, 44685 Meetings: Science Board task forces, 44697 Agriculture Department Women in Services Advisory Committee, 44697–44698 See Agricultural Marketing Service Privacy Act: See Food Safety and Inspection Service Systems of records, 44698–44716 See Forest Service Energy Department Centers for Disease Control and Prevention See Federal Energy Regulatory Commission NOTICES Meetings: Environmental Protection Agency Disease, Disability, and Injury Prevention and Control NOTICES Special Emphasis Panels, 44737–44739 Agency information collection activities: Submission for OMB review; comment request, 44719– Children and Families Administration 44722 NOTICES Economic Cooperation and Development Organization area; Grants and cooperative agreements; availability, etc.: transfrontier movements of wastes destined for Native American financial assistance, 44789–44805 recovery operations; information request, 44722–44730 Coast Guard Federal Aviation Administration RULES RULES Merchant marine officers and seamen: Air traffic operating and flight rules, etc.: Licenses, certificates of registry, and merchant mariner Kodak Albuquerque International Balloon Fiesta, NM; documents; user fees airspace and flight operations requirements, 44813– Correction, 44786–44787 44816 Ports and waterways safety: Airworthiness directives: Ports of New York and New Jersey; safety zone, 44658– Israel Aircraft Industries, Ltd., 44650–44652 44659 PROPOSED RULES NOTICES Airworthiness directives: Meetings: Airbus, 44663–44665 Towing Safety Advisory Committee, 44775 Allison Engine Co., 44667–44670 Ports and waterways safety: BMW Rolls-Royce GmbH, 44666–44667 Maritime Global Positioning System navigation; NOTICES interference by Mobile Satellite System telephones Reports and guidance documents; availability, etc.: and other electronic devices on vessels; comment Passenger facility charge audit guide for air carriers, request, 44775–44777 44777–44778 Commerce Department Federal Communications Commission See International Trade Administration PROPOSED RULES See National Institute of Standards and Technology Common carrier services: See National Oceanic and Atmospheric Administration Commercial mobile radio services— Calling party pays service offering; regulatory obstacles Customs Service removed, 44682–44683 NOTICES NOTICES Agency information collection activities: Agency information collection activities: Proposed collection; comment request, 44780–44782 Proposed collection; comment request, 44730–44732 Submission for OMB review; comment request, 44732– Defense Department 44733 See Navy Department RULES Federal Energy Regulatory Commission Vocational rehabilitation and education: RULES Veterans education— Filing fees: Educational assistance test program; increased Annual update, 44652–44653 allowances, 44660–44661 NOTICES NOTICES Environmental statements; availability, etc.: Acquisition regulations: Pennsylvania Electric Co. et al., 44719 Comprehensive small business subcontracting plans Applications, hearings, determinations, etc.: negotiation; test program, 44690–44692 El Paso Natural Gas Co., 44717

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Koch Gateway Pipeline Co., 44717 See Food and Drug Administration Pine Needle LNG Co., LLC, 44717–44718 See Health Resources and Services Administration Questar Pipeline Co., 44718 See National Institutes of Health Select Energy, Inc., et al., 44718 Transcontinental Gas Pipe Line Corp., 44718 Health Resources and Services Administration NOTICES Federal Labor Relations Authority Meetings: NOTICES Rural Health National Advisory Committee, 44742 Amicus curiae briefs in representation proceedings pending before FLRA; opportunity to submit, 44733–44734 Housing and Urban Development Department NOTICES Federal Reserve System Agency information collection activities: NOTICES Proposed collection; comment request, 44743–44744 Banks and bank holding companies: Grant and cooperative agreement awards: Change in bank control, 44734 Economic Development Initiative Program, 44744–44745 Formations, acquisitions, and mergers, 44734–44735 Permissible nonbanking activities, 44735 Immigration and Naturalization Service Edge corporations; proposals to organize: NOTICES CLS Services, Ltd., 44735 Agency information collection activities: Meetings; Sunshine Act, 44735–44736 Proposed collection; comment request, 44747–44748 Submission for OMB review; comment request, 44748– Food and Drug Administration 44749 RULES Human drugs: Interior Department Colloidal silver ingredients or silver salts (OTC); active See Land Management Bureau ingredients not recognized as safe and effective or are See National Park Service misbranded, 44653–44658 See Surface Mining Reclamation and Enforcement Office PROPOSED RULES Human drugs: Internal Revenue Service Topical otic products (OTC) for drying water-clogged NOTICES ears; final monograph amendment, 44671–44674 Agency information collection activities: NOTICES Proposed collection; comment request, 44782–44785 Reports and guidance documents; availability, etc.: Creutzfeldt-Jakob Disease and new variant; measures to International Boundary and Water Commission, United reduce possible risk of transmission by blood and States and Mexico blood products; industry guidance, 44739–44740 Post donation information reports; evaluation and NOTICES processing; compliance policy guide for FDA Environmental statements; notice of intent: personnel, 44740–44741 Rio Grande Canalization Project, NM and TX, 44751– Prescription Drug User Fee Act; information request and 44752 discipline review letters; industry guidance, 44741– International Trade Administration 44742 NOTICES Food Safety and Inspection Service Export trade certificates of review, 44689–44690 RULES Meat and poultry inspection: International Trade Commission Soy protein concentrate, modified food starch, and NOTICES carrageenan; use as binders, 44644–44645 Meetings; Sunshine Act, 44747

Forest Service Justice Department NOTICES See Immigration and Naturalization Service National Forest System lands: See Justice Programs Office Stewardship contracting pilot projects; multiparty See Juvenile Justice and Delinquency Prevention Office monitoring and evaluation process, 44685–44689 See National Institute of Justice

General Services Administration Justice Programs Office PROPOSED RULES NOTICES Acquisition regulations: Agency information collection activities: Architect-engineer procurements; selection criteria, 44683 Proposed collection; comment request, 44749–44750 NOTICES Interagency Committee for Medical Records: Juvenile Justice and Delinquency Prevention Office Medical record-physical examination (SF 506)— NOTICES Automation, 44736–44737 Grants and cooperative agreements; availability, etc.: Revision, 44736 Internet Crimes Against Children Task Force Training and Technical Assistance Program, 44807–44811 Health and Human Services Department See Centers for Disease Control and Prevention Labor Department See Children and Families Administration See Occupational Safety and Health Administration

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Land Management Bureau NOTICES NOTICES Meetings: Meetings: Reactor Safeguards Advisory Committee, 44760 California Desert District Advisory Council, 44745 Applications, hearings, determinations, etc.: Realty actions; sales, leases, etc.: GPU Nuclear Inc. et al., 44756–44759 California, 44745–44746 Occupational Safety and Health Administration Mexico and United States, International Boundary and NOTICES Water Commission Meetings: See International Boundary and Water Commission, United Occupational Safety and Health National Advisory States and Mexico Committee, 44751 National Credit Union Administration Postal Service PROPOSED RULES PROPOSED RULES Credit unions: Domestic Mail Manual: Undercapitalized federally-insured credit unions; prompt Curbside mailboxes; design standards; Consensus corrective action system Committee establishment and meeting, 44681–44682 Correction, 44663 NOTICES Postage meters: National Institute of Justice Information Based Indicia Program— NOTICES Postage evidencing product submission procedures, Agency information collection activities: 44760–44766 Submission for OMB review; comment request, 44750– 44751 Public Health Service See Centers for Disease Control and Prevention National Institute of Standards and Technology See Food and Drug Administration NOTICES See Health Resources and Services Administration Patent licenses; non-exclusive, exclusive, or partially See National Institutes of Health exclusive: Kalibrant Ltd., 44690 Railroad Retirement Board PROPOSED RULES National Institutes of Health Emergency regulations: NOTICES Plan of operation during national emergency; procedures Meetings: update, 44670–44671 National Heart, Lung, and Blood Institute, 44742 National Institute of Nursing Research, 44742–44743 Securities and Exchange Commission Scientific Review Center, 44743 NOTICES Applications, hearings, determinations, etc.: National Oceanic and Atmospheric Administration Anchor Resource & Commodity Trust et al., 44766–44767 RULES John Hancock Mutual Life Insurance Co. et al., 44767– Fishery conservation and management: 44771 Northeastern United States fisheries— Oppenheimer Senior Floating Rate Fund et al., 44771– Summer flounder, 44661–44662 44773 PROPOSED RULES Tejon Ranch Co., 44773 Endangered and threatened species: Critical habitat designations— State Department Snake River spring/summer chinook salmon, 44683– NOTICES 44684 Meetings: International Telecommunications Advisory Committee, National Park Service 44773 NOTICES International Telecommunications Advisory Committee et Boundary establishment, descriptions, etc.: al., 44773–44774 Missouri/Niobrara/Verdigre Creek National Recreational Shipping Coordinating Committee, 44774 Rivers, NE; maps, 44746–44747 Surface Mining Reclamation and Enforcement Office National Science Foundation PROPOSED RULES NOTICES Permanent program and abandoned mine land reclamation Antarctic Conservation Act of 1978; permit applications, plan submissions: etc., 44752–44756 Illinois, 44674–44681 Navy Department Transportation Department NOTICES See Coast Guard Environmental statements; notice of intent: See Federal Aviation Administration San Clemente Island Range Complex, CA, 44716–44717 NOTICES Aviation proceedings: Nuclear Regulatory Commission Agreements filed; weekly receipts, 44774 RULES Certificates of public convenience and necessity and Gaseous diffusion plants; certification renewal and foreign air carrier permits; weekly applications, amendment processes, 44645–44650 44774–44775

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Treasury Department Separate Parts In This Issue See Customs Service See Internal Revenue Service Part II NOTICES Department of Health and Human Services, Children and Agency information collection activities: Families Administration, 44789–44805 Submission for OMB review; comment request, 44778– 44780 Part III Department of Justice, Juvenile Justice and Delinquency Prevention Office, 44807–44811 Veterans Affairs Department RULES Part IV Medical benefits: Department of Transportation, Federal Aviation Denied claims; reconsideration procedures, 44659–44660 Administration, 44813–44816 Vocational rehabilitation and education: Veterans education— Educational assistance test program; increased Reader Aids allowances, 44660–44661 Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

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CFR PARTS AFFECTED IN THIS ISSUE

A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.

7 CFR 1230...... 44643 9 CFR 318...... 44644 319...... 44644 10 CFR 76...... 44645 12 CFR Proposed Rules: 702...... 44663 747...... 44663 14 CFR 39...... 44650 91...... 44814 Proposed Rules: 39 (3 documents) ...... 44663, 44666, 44667 18 CFR 381...... 44652 20 CFR Proposed Rules: 375...... 44670 21 CFR 310...... 44653 Proposed Rules: 310...... 44671 344...... 44671 30 CFR Proposed Rules: 913...... 44674 33 CFR 165...... 44658 38 CFR 17...... 44659 21...... 44660 39 CFR Proposed Rules: 111...... 44681 46 CFR 10...... 44786 12...... 44786 47 CFR Proposed Rules: 20...... 44682 48 CFR Proposed Rules: 536...... 44683 50 CFR 648...... 44661 Proposed Rules: 226...... 44683

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Rules and Regulations Federal Register Vol. 64, No. 158

Tuesday, August 17, 1999

This section of the FEDERAL REGISTER This final rule has been reviewed hundredweight in 1997 to $31.82 per contains regulatory documents having general under Executive Order 12988, Civil hundredweight in 1998, a decrease of applicability and legal effect, most of which Justice Reform. This is not intended to about 38 percent. Adjusting the are keyed to and codified in the Code of have a retroactive effect. The Act states assessments on imported pork and pork Federal Regulations, which is published under that the statute is intended to occupy products would result in an estimated 50 titles pursuant to 44 U.S.C. 1510. the field of promotion and consumer decrease in assessments of $888,000 The Code of Federal Regulations is sold by education involving pork and pork over a 12-month period. Assessments the Superintendent of Documents. Prices of products and of obtaining funds thereof collected for 1998 were $3,834,656. new books are listed in the first FEDERAL from pork producers and that the Accordingly, the Administrator of the REGISTER issue of each week. regulation of such activity (other than a Agricultural Marketing Service (AMS) regulation or requirement relating to a has determined that this action will not matter of public health or the provision have a significant economic impact on DEPARTMENT OF AGRICULTURE of State or local funds for such activity) a substantial number of small entities. that is in addition to or different from The Act (7 U.S.C. 4801–4819) Agricultural Marketing Service the Act may not be imposed by a State. approved December 23, 1985, 7 CFR Part 1230 The Act provides that administrative authorized the establishment of a proceedings must be exhausted before national pork promotion, research, and [No. LS±99±03] parties may file suit in court. Under consumer information program. The § 1625 of the Act, a person subject to an program was funded by an initial Pork Promotion, Research, and order may file a petition with the assessment rate of 0.25 percent of the Consumer Information OrderÐ Secretary stating that such order, a market value of all porcine animals Decrease in Importer Assessments provision of such order or an obligation marketed in the United States and an imposed in connection with such order equivalent amount of assessment on AGENCY: Agricultural Marketing Service, is not in accordance with law; and imported porcine animals, pork, and USDA. requesting a modification of the order or pork products. However, that rate was ACTION: Final rule. an exemption from the order. Such increased to 0.35 percent in 1991 (56 FR person is afforded the opportunity for a 51635) and to 0.45 percent effective SUMMARY: Pursuant to the Pork hearing on the petition. After the September 3, 1995 (60 FR 29962). The Promotion, Research, and Consumer hearing, the Secretary would rule on the final Order establishing a pork Information Act (Act) of 1985 and the petition. The Act provides that the promotion, research, and consumer Pork Promotion, Research, and district court of the United States in the information program was published in Consumer Information Order (Order) district in which such person resides or the September 5, 1986, issue of the issued thereunder, this final rule does business has jurisdiction to review Federal Register (51 FR 31898; as decreases by sixteen-hundredths of a the Secretary’s determination, if a corrected, at 51 FR 36383 and amended cent per pound the amount of the complaint is filed not later than 20 days at 53 FR 1909, 53 FR 30243, 56 FR 4, assessment per pound due on imported after the date such person receives 56 FR 51635, 60 FR 29962, 60 FR 33681, pork and pork products to reflect a notice of such determination. and 60 FR 58501) and assessments decrease in the 1998 five-market average This action also was reviewed under began on November 1, 1986. price for domestic barrows and gilts. the Regulatory Flexibility Act (RFA)(5 The Order requires importers of This action brings the equivalent market United States Code (U.S.C.) 601 et seq.). porcine animals to pay the U.S. Customs value of the live animals from which The effect of the Order upon small Service (USCS), upon importation, the such imported pork and pork products entities initially was discussed in the assessment of 0.45 percent of the were derived in line with the market September 5, 1986, issue of the Federal animal’s declared value and importers values of domestic porcine animals. Register (51 FR 31898). It was of pork and pork products to pay USCS, These changes will facilitate the determined at that time that the Order upon importation, the assessment of continued collection of assessments on would not have a significant effect upon 0.45 percent of the market value of the imported porcine animals, pork, and a substantial number of small entities. live porcine animals from which such pork products. Many of the estimated 1,000 importers pork and pork products were produced. EFFECTIVE DATE: September 16, 1999. may be classified as small entities under This final rule decreases the FOR FURTHER INFORMATION CONTACT: the Small Business Administration assessments on all of the imported pork Ralph L. Tapp, Chief, Marketing definition (13 CFR 121.601). and pork products subject to assessment Programs Branch, 202/720–1115. This final rule decreases the amount as published in the Federal Register as SUPPLEMENTARY INFORMATION: of assessments on imported pork and a final rule August 28, 1998, and pork products subject to assessment by effective September 28, 1998; (63 FR Executive Orders 12866 and 12988 and sixteen-hundredths of a cent per pound, 45935). This decrease is consistent with Regulatory Flexibility Act and the or as expressed in cents per kilogram, the decrease in the annual average price Paperwork Reduction Act thirty-five-hundredths of a cent per of domestic barrows and gilts for This rule has been determined to be kilogram. This decrease is consistent calendar year 1998 as reported by not significant for purposes of Executive with the decrease in the annual price of USDA, AMS, Livestock and Grain Order 12866 and therefore has not been domestic barrows and gilts for calendar Market News (LGMN) Branch. This reviewed by the Office of Management year 1998. The average annual market decrease in assessments will make the and Budget. price decreased from $51.30 per equivalent market value of the live

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This final rule Based on the most recent available 0203.19.4010 ...... 20 .440920 will not change the current assessment Department of Commerce, Bureau of 0203.19.4090 ...... 20 .440920 rate of 0.45 percent of the market value. Census, data on the volume of imported 0203.21.0000 ...... 20 .440920 The methodology for determining the pork and pork products available for the 0203.22.1000 ...... 20 .440920 per pound amounts for imported pork period January 1, 1998, through 0203.22.9000 ...... 20 .440920 and pork products was described in the December 31, 1998, the decrease in 0203.29.2000 ...... 24 .529104 Supplementary Information assessment amounts would result in an 0203.29.4000 ...... 20 .440920 0206.30.0000 ...... 20 .440920 accompanying the Order and published estimated $888,000 decrease in in the September 5, 1986, Federal 0206.41.0000 ...... 20 .440920 assessments over a 12-month period. 0206.49.0000 ...... 20 .440920 Register at 51 FR 31901. The weight of On June 10, 1999, AMS published in 0210.11.0010 ...... 20 .440920 imported pork and pork products is the Federal Register (64 FR 31158) a 0210.11.0020 ...... 20 .440920 converted to a carcass weight equivalent proposed rule which would decrease 0210.12.0020 ...... 20 .440920 by utilizing conversion factors which the per pound assessment on imported 0210.12.0040 ...... 20 .440920 are published in the Department’s pork and pork products consistent with 0210.19.0010 ...... 24 .529104 Statistical Bulletin No. 697 ‘‘Conversion decreases in the 1998 average prices of 0210.19.0090 ...... 24 .529104 Factors and Weights and Measures.’’ domestic barrows and gilts to provide 1601.00.2010 ...... 28 .617288 These conversion factors take into comparability between imported and 1601.00.2090 ...... 28 .617288 1602.41.2020 ...... 31 .683426 account the removal of bone, weight lost domestic assessments. The proposal was in cooking or other processing, and the 1602.41.2040 ...... 31 .683426 published with a request for comments 1602.41.9000 ...... 20 .440920 nonpork components of pork products. by July 12, 1999. No comments were 1602.42.2020 ...... 31 .683426 Secondly, the carcass weight equivalent received. 1602.42.2040 ...... 31 .683426 is converted to a live animal equivalent Accordingly, this final rule 1602.42.4000 ...... 20 .440920 weight by dividing the carcass weight establishes the new per-pound and per- 1602.49.2000 ...... 28 .617288 equivalent by 70 percent, which is the kilogram assessments on imported pork 1602.49.4000 ...... 24 .529104 average dressing percentage of porcine and pork products. animals in the United States. Thirdly, Dated: August 11, 1999. the equivalent value of the live porcine List of Subjects in 7 CFR Part 1230 Barry L. Carpenter, animal is determined by multiplying the Administrative practice and Deputy Administrator, Livestock and Seed live animal equivalent weight by an procedure, Advertising, Agricultural Program. annual average market price for barrows research, Marketing agreement, Meat [FR Doc. 99–21303 Filed 8–16–99; 8:45 am] and gilts as reported by USDA, AMS, and meat products, Pork and pork BILLING CODE 3410±02±U LGMN Branch. This average price is products. published on a yearly basis during the For the reasons set forth in the month of January in LGMN Branch’s preamble, 7 CFR part 1230 is amended DEPARTMENT OF AGRICULTURE publication ‘‘Livestock, Meat, and Wool as follows: Weekly Summary and Statistics.’’ Food Safety and Inspection Service Finally, the equivalent value is PART 1230ÐPORK PROMOTION, multiplied by the applicable assessment RESEARCH, AND CONSUMER 9 CFR Parts 318 and 319 rate of 0.45 percent due on imported INFORMATION pork and pork products. The end result [Docket No. 94±015N] 1. The authority citation for 7 CFR is expressed in an amount per pound for RIN 0583±AB82 each type of pork or pork product. To part 1230 continues to read as follows: determine the amount per kilogram for Authority: 7 U.S.C. 4801–4819. Use of Soy Protein Concentrate, pork and pork products subject to Modified Food Starch, and Subpart BÐ[Amended] assessment under the Act and Order, the Carrageenan as Binders in Certain cent per pound assessments are 2. In § 1230.110 paragraph (b) is Meat Products multiplied by a metric conversion factor revised to read as follows: 2.2046 and carried to the sixth decimal. AGENCY: Food Safety and Inspection The formula in the preamble for the § 1230.110 Assessments on imported pork Service, USDA. Order at 51 FR 31901 contemplated that and pork products. ACTION: Affirmation of effective date for it would be necessary to recalculate the * * * * * direct final rule. equivalent live animal value of (b) The following HTS categories of imported pork and pork products to imported pork and pork products are SUMMARY: On May 24, 1999, the Food reflect changes in the annual average subject to assessment at the rates Safety and Inspection Service (FSIS) price of domestic barrows and gilts to specified. published a direct final rule, ‘‘Use of maintain equity of assessments between Soy Protein Concentrate, Modified Food domestic porcine animals and imported Pork and pork Assessment Starch, and Carrageenan as Binders in pork and pork products. Certain Meat Products’’ (64 FR 27901). products Cents/lb Cents/kg The average annual market price This direct final rule notified the public decreased from $51.30 in 1997 to $31.82 0203.11.0000 ...... 20 .440920 of FSIS’s intention to amend the Federal in 1998, a decrease of about 38 percent. 0203.12.1010 ...... 20 .440920 meat inspection regulations to allow the This decrease will result in a 0203.12.1020 ...... 20 .440920 use of soy protein concentrate, both corresponding decrease in assessments 0203.12.9010 ...... 20 .440920 singly and in combination with

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The amendments starch as a binder in ‘‘Ham and Water X% of Weight is Added Ingredients’’ are intended to improve these processes Product—X% of Weight is Added products. These provisions are based on so that they are more effective and Ingredients’’ products. These binders the specific use requests contained in efficient. The final rule modifies the will be used to reduce purging of the petitions submitted to FSIS by Central process for certificate renewals, pumped brine solution from the Soya and the National Starch and establishes a process for certificate products. FSIS received one comment in Chemical Company and informal amendments comparable to the process response to the direct final rule. requests from several food currently used to amend a fuel cycle However, the comment was not an manufacturers and the accompanying license, revises the appeal process for adverse comment or notice of intent to data submitted to support the amendments, eliminates the submit an adverse comment. Therefore, effectiveness of these combined uses. ‘‘significant’’ designation for FSIS is affirming the July 23, 1999, These data supported only the specific amendments, simplifies the criteria for effective date for this direct final rule. use requests submitted to FSIS as persons who are eligible to file a EFFECTIVE DATE: The direct final rule reflected in the direct final rule. Neither petition for review of an amendment published on May 24, 1999 at 64 FR the data nor the direct final rule action, removes references to the initial 27901 is effective July 23, 1999. addressed the three issues raised by the application because the initial FOR FURTHER INFORMATION CONTACT: Dr. commenter. The commenter’s requests certificates have been issued, and Robert Post, Director, Labeling and are therefore outside the scope of this lengthens the time periods associated Additives Policy Division, Office of rule. with filing a petition for review. Policy, Program Development and The comment is not adverse with EFFECTIVE DATE: September 16, 1999. Evaluation, Food Safety and Inspection respect to the promulgation of the direct FOR FURTHER INFORMATION CONTACT: Mr. Service, U.S. Department of Agriculture, final rule because it was not opposed to John L. Telford, Office of Nuclear Washington, DC 20250–3700; (202) 205– the rulemaking. Rather, the comment Material Safety and Safeguards, U.S. 0279. suggests that provisions of the direct Nuclear Regulatory Commission, final rule should be extended by FSIS to SUPPLEMENTARY INFORMATION: Washington, DC 20555–0001, telephone matters outside the scope of the direct (301) 415–6229, e-mail [email protected]. Background final rule (i.e., to another binder, to SUPPLEMENTARY INFORMATION: On May 24, 1999, FSIS published a other combinations of binders, and to direct final rule ‘‘Use of Soy Protein other ham products). Therefore, the Background Concentrate, Modified Food Starch, and effective date remains as July 23, 1999. The regulations establishing NRC’s Carrageenan as Binders in Certain Meat However, FSIS welcomes the requirements for USEC’s Paducah and Products.’’ On June 23, 1999, FSIS submission of information in support of Portsmouth gaseous diffusion plants received a comment in response to that the request made by the commenter. (GDPs) were published on September rulemaking from Protein Technologies Upon receipt of data in support of the 23, 1994 (59 FR 48960). Subsequently, International (PTI), a manufacturer of request, and based on the merits of the the Atomic Energy Act (AEA) of 1954 domestically produced soy proteins data, the Agency will consider further was modified to increase the period for used in a wide variety of food amendments to the meat regulations to certificate renewals from 1 year to up to applications. PTI requested that the include isolated soy protein singly and 5 years. The regulations implementing direct final rule not be published until in combination with other approved this modification to the AEA were the rule could be amended pursuant to binders for use in cured pork and other published on February 12, 1997 (62 FR PTI’s position, which would be products. 6670). On March 3, 1997, the GDP’s enunciated in a supplemental comment Done at Washington, DC, on: August 10, came under NRC’s oversight. Since to be submitted in the future. 1999. 1997, the NRC has implemented the The commenter requested that the Thomas J. Billy, initial certification and numerous direct final rule be modified to include Administrator. certificate amendments. As a result, the isolated soy protein at appropriate [FR Doc. 99–21304 Filed 8–16–99; 8:45 am] NRC staff identified several areas where levels consistent with the usage BILLING CODE 3410±DM±U changes would improve the contemplated by the direct final rule effectiveness and efficiency of the with respect to soy protein concentrate. certificate renewal and amendment The commenter also suggested that FSIS NUCLEAR REGULATORY processes. permit combinations of these substances COMMISSION On September 15, 1998 (63 FR 49301), to include any other approved binder, the NRC published a proposed rule that and not be limited solely to modified 10 CFR Part 76 presented amendments to 10 CFR Part food starch, and that such combinations 76 intended to make the certification be permitted in any of the categories of RIN 3150±AF85 renewal and amendment processes more ham products established by FSIS effective and efficient. regulations. Certification Renewal and Amendment The direct final rule indicates that the Processes Comments on the Proposed Rule Agency will permit the use of soy AGENCY: Nuclear Regulatory The Commission received one letter protein concentrate, both singly and in Commission. commenting on the proposed rule. A combination with modified food starch copy of the letter is available for public ACTION: Final rule. or carrageenan, as a binder in cured inspection and copying for a fee at the

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Commission’s Public Document Room, notification, the Corporation would take Section 76.45(a) is being changed to located at 2120 L Street, NW (Lower the required actions with respect to remove the responsibility for making the Level), Washington, D.C. This letter implementation of the effective initial decision on an amendment came from USEC, which leases and amendment. USEC’s comments in this application from the Director. This operates the GDPs. The Corporation regard could be addressed with the change allows the decision to grant or supported the proposed rule, but had addition of the following language to deny an amendment application to be two specific comments. §§ 76.45 (d) and (e): delegated to the branch chief. This Comment 1: ‘‘The proposed wording The pendency of a petition [for action contributes to a more efficient states that a certificate amendment will review] under this subsection shall not use of NRC resources and is comparable be effective when issued by the NRC delay the effective date of the to the process used for facilities staff. Immediate implementation upon amendment as issued by the staff under regulated by the Commission under 10 issuance of the amendment may be § 76.45(c) above.’’ CFR Parts 30, 40, and 70. possible in some cases; however, in Response: The language of § 76.45 (d) Section 76.45(b) is being deleted. The most cases some implementation time and (e) does not need to be revised. If first sentence currently requires that the will be required. USEC anticipates that a petition for review is pending, the Director determine whether the in submitting amendment requests, it Commission believes that the proposed activities are ‘‘significant’’ will continue the current practice of Corporation may implement an effective and, if so, follow the procedures requesting that site implementation certificate amendment because of the specified in §§ 76.37 and 76.39. This occur within a certain period of time statements in § 76.45 (c), (d), and (e). In sentence is being deleted because the (e.g., 30 days) or after completion of particular, if a petition for review is procedures specified in § 76.37 to be certain activities (e.g., equipment pending, it would not delay the effective followed by the Director will be installation, testing) after the staff’s date of the certificate amendment. The discretionary, and the procedures issuance of the amendment. USEC Corporation may continue specified in § 76.39 are currently assumes that the NRC, in granting an implementation of an effective discretionary. Accordingly, it would not immediately effective certificate certificate amendment unless and until be logical to compel the Director to amendment, will continue to provide it is modified or set aside by either the follow either of them. This action the requisite flexibility and time for Director or the Commission. eliminates the current distinction effective implementation.’’ The Final Rule between ‘‘significant’’ and not Response: The Commission agrees significant proposed activities. This with the comment. When granting an This final rule makes the following action also provides a more flexible and amendment, the NRC staff intends to changes: efficient regulatory process. However, allow an appropriate implementation Currently, § 76.37 specifies that the the public’s opportunity to follow each period (e.g., 30 days). To clarify this Director of the Office of Nuclear amendment remains the same because intent further, the regulatory text has Material Safety and Safeguards (the licensing documents are placed in the been modified to make an amendment Director) shall publish a Federal Commission’s Public Document Room, effective on a date specified by the NRC Register notice of receipt of an and in the near future, the NRC plans to staff. application for renewal. This final rule place these documents on NRC’s Comment 2: ‘‘These paragraphs [76.45 replaces ‘‘shall’’ with ‘‘may, at his or her website. Accordingly, the public will (d) and (e)] specify requirements for discretion,’’ and inserts ‘‘for renewal’’ have an opportunity to file a petition for obtaining the Director’s review of the after the first occurrence of the word review of an amendment as described in staff’s determination and the ‘‘application’’ in paragraphs (a), (b), and revised § 76.45(d). In addition, the last Commission’s review of a Director’s (c). Replacing ‘‘shall’’ with ‘‘may, at his sentence in § 76.45(b) is being deleted decision on an amendment application. or her discretion,’’ allows the Director to because decisions on certificate These paragraphs state that if the determine if a Federal Register notice is amendment applications will be Director or Commission does not issue warranted for an application for renewal delegated to the branch chief. This a decision or otherwise act after on a case-by-case basis. There are two delegation is comparable to the process receiving a petition for review, the reasons for this action. First, if the currently used for 10 CFR Parts 30, 40, determination on the amendment application does not address any new and 70 facilities. application remains in effect. However, safety issues or there have not been any The current § 76.45(c) is being the ability of the Corporation to major changes to the facility or its redesignated as paragraph (b) because implement an effective amendment operating procedures that would the current paragraph (b) is being should a petition be received is unclear. substantially increase the risk associated deleted. Therefore, USEC requests that the with the facility, the Director may In a new § 76.45(c), the first sentence proposed wording in § 76.45(d) and decide that a Federal Register notice is provides that a certificate amendment § 76.45(e) be clarified to indicate that, not necessary. This flexibility allows the will be effective on a date specified by should a petition on an effective NRC to focus its resources on safety the NRC staff. This allows the NRC staff amendment be received, issues that have significant potential to handle issues that need to be implementation of the amendment at risk. Second, there is no requirement in addressed quickly to avoid an the gaseous diffusion plants may the AEA to notice an application for unnecessary operational upset of a GDP, continue, unless and until the Director certificate renewal. Furthermore, similar ensure adequate protection of public modifies or sets aside the findings, actions for 10 CFR Parts 30, 40, and 70 health and safety from radiological conclusions, conditions or terms in the facilities are not noticed. Adding ‘‘for hazards, and/or provide for the common staff’s amendment determination or the renewal’’ clarifies that the application is defense and security. The second Commission modifies or sets aside the specifically for renewal. sentence of § 76.45(c) provides that the findings, conclusions, conditions or In § 76.39, the phrase ‘‘for renewal’’ is NRC staff may, at its discretion, publish terms in the Director’s amendment being inserted after each occurrence of a notice of its decision on an review decision. Should either the the word ‘‘application.’’ This clarifies amendment application in the Federal staff’s decision or the Director’s decision that the application being discussed in Register. The NRC staff will take this be modified or set aside, upon NRC § 76.39 is specifically for renewal. action when publication of a notice is

VerDate 18-JUN-99 09:43 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\A17AU0.025 pfrm01 PsN: 17AUR1 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Rules and Regulations 44647 warranted on a case-by-case basis. If the whose interest may be affected to be to the NMSS Director’s decision on the application does not address any new aware of the action. initial certificate are also being safety issues or there have not been any The number of days specified in removed. major changes to the facility or its § 76.62(c) is being increased from 15 to Section 76.33 is being amended to operating procedures that would 30 days. This provides more time for the correct a printing error in the regulatory substantially increase the risk associated Corporation or other members of the text. In § 76.33(a)(2), the redundant with the facility, the NRC staff may public whose interests may be affected phrase ‘‘the names, addresses, and decide that a Federal Register notice is to file a petition for review on a citizenship of its principal office,’’ is not necessary. This flexibility allows the certificate renewal action. Because the being removed. NRC to devote its resources to safety time period for a certificate renewal was Compatibility of Agreement State issues that have significant potential recently extended from annually to up Regulations risk. The AEA does not require that a to 5 years, the need to act within 15 certificate amendment application be days because of the time constraint Under the ‘‘Policy Statement on noticed. Furthermore, the Commission formerly associated with annual Adequacy and Compatibility of does not notice similar actions for 10 renewals is removed. Agreement State Programs’’ that was CFR Parts 30, 40, and 70 facilities. The sentence, ‘‘Unless the approved by the Commission on June Currently, a decision on an Commission grants the petition for 30, 1997, and published in the Federal amendment application may be review or otherwise acts within 60 days Register on September 3, 1997 (62 FR appealed by filing a request for the after the publication of the Federal 46517), Part 76 is classified as Commission’s review. A new § 76.45(d), Register notice, the Director’s initial compatibility Category ‘‘NRC’’. The NRC concerning the NRC staff’s decision on the certificate application or program elements in this category are determination on an amendment compliance plan becomes effective and those that relate directly to areas of application, establishes procedures for final,’’ is being revised to read: ‘‘If the regulation reserved to the NRC by the the Corporation, or any person whose Commission does not issue a decision or AEA or provisions of Title 10 of the interests may be affected, to file a take other appropriate action within 90 Code of Federal Regulations. petition for the Director’s review. days after the publication of the Federal Because the initial determination on a Register notice, the Director’s decision Plain Language certificate amendment application may remains in effect.’’ This change clarifies The Presidential Memorandum dated be delegated to the branch chief, it is that the Director’s decision is effective June 1, 1998, entitled, ‘‘Plain Language logical for the Director to be the first upon issuance and, if a petition for in Government Writing,’’ directed that level of review. This process contributes review is filed, eliminates a potential the government’s writing be in plain to a more efficient use of agency 60-day suspension of the effectiveness language. This memorandum was resources because an appeal issue may of the Director’s decision. The Director’s published June 10, 1998 (63 FR 31883). be resolved by the Director and not decision remains in effect unless it is In complying with this directive, require the Commission’s review. changed by the Commission. This editorial changes have been made in the A new § 76.45(e), concerning the procedure is also more consistent with final revisions to improve the Director’s decision, establishes the process for license renewals organization and readability of the procedures for either the Corporation, or pursuant to 10 CFR Parts 30, 40, and 70. existing language of the paragraphs any person whose interests may be In addition, to accommodate the being revised. These types of changes affected and who filed a petition for increased time for both filing a petition are not discussed further in this notice. review or filed a response to a petition for review and responding to a petition, for review under § 76.45(d), to file a the time provided for the Commission to Voluntary Consensus Standards petition for the Commission’s review. act is being increased from 60 to 90 days The National Technology Transfer Because the initial review of an NRC following publication of the Federal and Advancement Act of 1995, Pub. L. staff determination on an amendment Register notice. 104–113, requires that agencies use application is rendered by the Director, The changes made in § 76.62(c) are technical standards that are developed it is logical for the Commission to be the also being made in § 76.64(d) for the or adopted by voluntary consensus final level of review. same reasons. standard bodies unless the use of such In revised § 76.62(c), the phrase, ‘‘who In the introductory text of § 76.91, a standard is inconsistent with submitted written comments in reference to § 76.35(d) is being changed applicable law or otherwise impractical. response to the Federal Register notice to § 76.35(f) to correct a typographical In this final rule, the NRC is amending on the application or compliance plan error. the regulations governing the gaseous under § 76.37, or provided oral In addition, Part 76 is being modified diffusion plants to modify the process comments at any meeting held on the to remove references to the initial used to renew or amend a certificate of application or compliance plan certification application or initial compliance. The amended regulations conducted under § 76.39,’’ is removed. certification decision that are no longer are procedural and apply to a specific This action eliminates restrictions that relevant because the initial certificates entity. Therefore, this action does not limit those entities who may file a have been issued. In §§ 76.33(a)(1), (b), establish a technical standard of petition requesting review of the (c), (d), and (e), and 76.35, references to generally applicable requirements. Director’s decision regarding issuance of ‘‘initial’’ are being removed. Section a certificate and/or approval of a 76.9(c) is being removed as no longer Environmental Impact: Categorical compliance plan. Eliminating these relevant because the condition of Exclusion restrictions is consistent with the effectiveness at the time of the initial The NRC has determined that this Commission’s practice for 10 CFR Parts certification application has been regulation is the type of action 30, 40, and 70 facilities. Further, if a satisfied. Phrases in §§ 76.21(a), described as a categorical exclusion in Federal Register notice is not issued for 76.36(a), 76.60(e)(2), and 76.91(n) 10 CFR 51.22(c)(2). Therefore, neither a certificate renewal, a notice of the concerning initial certification are being an environmental impact statement nor Director’s decision will provide the first removed. References in §§ 76.7(e)(1), an environmental assessment has been published opportunity for a person 76.60(c)(2), 76.60(d)(2), and 76.60(e)(1) prepared for this final rule.

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Paperwork Reduction Act Statement Impacts on the Corporation continuing to ensure adequate The information collection An uncomplicated certificate protection of public health and safety. requirements contained in this final rule amendment process provides a more This constitutes the regulatory of limited applicability affect fewer than timely regulatory process. If the analysis for the final rule. ten respondents. Therefore, Office of identified deficiencies and ambiguities Regulatory Flexibility Certification Management and Budget approval is not in the amendment process are not In accordance with the Regulatory required pursuant to the Paperwork corrected, there is a potential for Flexibility Act, 5 U.S.C. 605(b), the Reduction Act of 1995 (44 U.S.C. 3501 expense due to plant operational delays Commission certifies that this final rule et seq.). and reduced efficiencies that may be does not have a significant economic related to amendment requests. Regulatory Analysis impact on a substantial number of small Clarification of who can petition the entities because it only addresses USEC This final rule modifies the process Director for review of an NRC staff or its successor. The Corporation does for certificate renewals, establishes a determination on an amendment not fall within the scope of the process for certificate amendments application and/or extension of the definition of ‘‘small entities’’ set forth in comparable to the process currently period for requesting a review may 10 CFR 2.810 or the Small Business Size used to amend a fuel cycle license, result in additional petitions. Similarly, Standards set out in regulations issued revises the appeal process for lifting restrictions on who can petition by the Small Business Administration at amendments, eliminates the for review of a certification renewal 13 CFR part 121. ‘‘significant’’ designation for decision and lengthening the time for amendments, simplifies the criteria for this type of petition may result in Backfit Analysis persons who are eligible to file a additional petitions. This rulemaking is The NRC has determined that these petition for review of an amendment not expected to have any adverse amendments do not involve any action, removes references to the initial economic impacts on the Corporation. provisions that would impose backfits application because the initial as defined in 10 CFR 76.76. Therefore, certificates have been issued, and Benefit a backfit analysis is not required for this lengthens the time periods associated An uncomplicated process for final rule. with filing a petition for review. certificate amendment will result in a Part 76 contains a process for more effective and efficient NRC review Small Business Regulatory Enforcement amending a certificate and the GDP process. This, in turn, provides for more Fairness Act certificates have been amended several timely completion of amendment In accordance with the Small times. These actions identified several reviews. Clarification of who can Business Regulatory Enforcement deficiencies in the § 76.45 process that petition the Director for review of a Fairness Act of 1996, the NRC has should be corrected. The NRC staff certificate amendment determination determined that this action is not a examined how the process could be will remove undesirable ambiguities. major rule and has verified this revised and improved so that it is more Specifically, the final rule removes a determination with the Office of effective and efficient. The amendment restriction on who can petition for Information and Regulatory Affairs of process for GDP certificates as modified review by eliminating the current OMB. by this final rule parallels the process requirement that a petition for review currently used for 10 CFR Parts 30, 40, may only be filed by a person who had List of Subjects in 10 CFR Part 76 and 70 facilities. This final rule also previously provided comments. The Certification, Criminal penalties, removes the ambiguity associated with final rule will allow anyone whose Radiation protection, Reporting and determining who can petition the NRC interests may be affected to file a recordkeeping requirements, Security for review of an amendment application petition for review. The extension of the measures, Special nuclear material, decision. time periods associated with filing a Uranium enrichment by gaseous Because the statute has been amended petition for review provides more time diffusion. to allow up to a 5-year certificate for the public to participate in the For the reasons set out in the renewal period instead of an annual amendment process. The final rule also preamble and under the authority of the certificate renewal requirement, the removes the same restrictions on who Atomic Energy Act of 1954, as amended; lengthened certificate period has may petition for review of a certification the Energy Reorganization Act of 1974, permitted consideration of renewal decision and extends the time as amended; and 5 U.S.C. 552 and 553; improvements to the certificate renewal period for accepting petitions for review the NRC is adopting the following process. Because the annual of a certification renewal decision. The amendments to 10 CFR Part 76. certification time constraint has been final rule also provides for NRC staff removed, the final rule makes discretion in publishing the Federal PART 76ÐCERTIFICATION OF appropriate changes to the time for Register notice of receipt of the GASEOUS DIFFUSION PLANTS appeals and lifts restrictions on who application for Certificate renewal. This may appeal a certification decision. As discretion permits the NRC staff to use 1. The authority citation for Part 76 a result, the certificate renewal process its resources in the most effective and continues to read as follows: more closely resembles the process for efficient manner. Authority: Secs. 161, 68 Stat. 948, as renewal of materials and fuel cycle amended, secs. 1312, 1701, as amended, 106 facility licenses under 10 CFR Parts 30, Preferred Option Stat. 2932, 2951, 2952, 2953, 110 Stat. 1321– 40, and 70. The preferred option is amending the 349 (42 U.S.C. 2201, 2297b–11, 2297f); secs. A no-change option retains the regulations to eliminate ambiguities, 201, as amended, 204, 206, 88 Stat. 1244, 1245, 1246 (42 U.S.C. 5841, 5842, 5845, deficiencies and ambiguities identified reduce inefficiencies, better define the 5846); sec. 234(a), 83 Stat. 444, as amended in the current certification renewal and processes for certificate renewals and by Pub. L. 104–134, 110 Stat. 1321, 1321–349 amendment processes and precludes an amendments, allow immediately (42 U.S.C. 2243(a)). improved process that is more effective effective amendments, and allow more Sec. 76.7 also issued under Pub. L. 95–601, and efficient. time for public participation, while sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). Sec.

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76.22 is also issued under sec. 193(f), as any, exercised over the applicant by any document room at or near the location amended, 104 Stat. 2835, as amended by Pub. alien, foreign corporation, or foreign of the plant); L. 104–134, 110 Stat. 1321, 1321–349 (42 government. (b) A notice of opportunity for written U.S.C. 2243(f)). Sec. 76.35(j) also issued (b) Oath or affirmation. An public comment on the application for under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). application for a certificate of renewal; and 2. In § 76.7, paragraph (e)(1) is revised compliance must be executed in a (c) The date of any scheduled public to read as follows: signed original by a duly authorized meeting regarding the application for officer of the Corporation under oath or renewal. § 76.7 Employee protection. affirmation. 9. In § 76.39, paragraph (a), and * * * * * (c) Pre-filing consultation. The paragraphs (b)(1) and (b)(4) are revised (e)(1) The Corporation shall Corporation may confer with the to read as follows: prominently post the revision of NRC Commission’s staff before filing an § 76.39 Public meeting. Form 3, ‘‘Notice to Employees,’’ application. referenced in 10 CFR 19.11(c). This form (d) Additional information. At any (a) A public meeting will be held on must be posted at locations sufficient to time during the review of an an application for renewal if the permit employees protected by this application, the Corporation may be Director, in his or her discretion, section to observe a copy on the way to required to supply additional determines that a meeting is in the or from their place of work. Premises information to the Commission’s staff to public interest with respect to a must be posted during the term of the enable the Commission or the Director, decision on the application for renewal. certificate and for 30 days following as appropriate, to determine whether (b) * * *. certificate termination. the certificate should be issued or (1) The Director shall conduct any * * * * * denied, or to determine whether a public meeting held on the application compliance plan should be approved. for renewal. § 76.9 [Amended] (e) Withholdable information. If an * * * * * 3. In § 76.9, paragraph (c) is removed. application contains Restricted Data, (4) Members of the public will be 4. In § 76.21, paragraph (a) is revised National Security Information, given an opportunity during a public to read as follows: Safeguards Information, Unclassified meeting to make their views regarding the application for renewal known to § 76.21 Certificate required. Controlled Nuclear Information, proprietary data, or other withholdable the Director. (a) The Corporation or its contractors information, the applicant shall ensure * * * * * may not operate the gaseous diffusion that the withholdable information is 10. Section 76.45 is revised to read as plants at Piketon, Ohio, and Paducah, separate from the information to be follows: Kentucky, unless an appropriate made publicly available. certificate of compliance, and/or an 6. In § 76.35, the section heading and § 76.45 Application for amendment of certificate. approved compliance plan is in effect introductory paragraph are revised to under this part. Unless authorized by read as follows: (a) Contents of an amendment the NRC under other provisions of this application. In addition to the chapter, a person other than the § 76.35 Contents of application. application for certification submitted Corporation or its contractors may not The application for a certificate of under § 76.31, the Corporation may at acquire, deliver, receive, possess, use, or compliance must include the any time apply for an amendment of the transfer radioactive material at the information identified in this section. certificate to cover proposed new or gaseous diffusion plants at Piketon, * * * * * modified activities. The amendment Ohio, and Paducah, Kentucky. 7. In § 76.36, paragraph (a) is revised application should contain sufficient * * * * * to read as follows: information for the NRC to make 5. Section 76.33 is revised to read as findings of compliance or acceptability follows: § 76.36 Renewals. for the proposed activities in the same (a) The Corporation shall file periodic manner as was required for the original § 76.33 Application procedures. applications for renewal, as required by certificate. (a) Filing requirements. (1) An § 76.31. (b) Oath or affirmation. An application for a certificate of * * * * * application for an amendment of the compliance must be tendered by filing 8. Section 76.37 is revised to read as certificate of compliance must be 20 copies of the application with the follows: executed in a signed original by the Director, Office of Nuclear Material Corporation under oath or affirmation. Safety and Safeguards, with copies sent § 76.37 Federal Register notice. (c) Amendment application to the NRC Region III Office and The Director may, at his or her determinations. If the NRC staff appropriate resident inspector, in discretion, publish in the Federal approves an application for a certificate accordance with § 76.5. Register: amendment, it will be effective on a (2) The application must include the (a) A notice of the filing of an date specified by the NRC staff. If an full name, address, age (if an application for renewal (specifying that application for a certificate amendment individual), and citizenship of the copies of the application, except for is not approved by the NRC staff, the applicant. If the applicant is a Restricted Data, Unclassified Controlled Corporation will be informed in writing. corporation or other entity, the Nuclear Information, Classified National The NRC staff may, at its discretion, application must indicate the State Security Information, Safeguards publish notice of its determination on where it was incorporated or organized; Information, Proprietary Data, or other an amendment application in the the location of the principal office; and withholdable information will be made Federal Register. the names, addresses, and citizenship of available for public inspection in the (d) Request for review of staff’s its principal officers. The applicant Commission’s Public Document Room determination on an amendment shall include any known information at 2120 L Street, NW. (Lower Level), application. The Corporation, or any concerning the control or ownership, if Washington, DC, and in the local public person whose interest may be affected,

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Any person described in read as follows: Commission does not issue a decision or this paragraph may file a written take other appropriate action within 90 response to a petition requesting the § 76.60 Regulatory requirements which days after the publication of the Federal apply. Director’s review. This response may Register notice, the Director’s decision not exceed 30 pages and must be filed * * * * * remains in effect. The Commission may within 15 days after the filing date of (c) * * * adopt, by order, further procedures that, the petition requesting the Director’s (2) The Corporation shall post NRC in its judgment, would serve the review. The Director may adopt, modify, Form 3 during the term of the certificate purpose of review of the Director’s or set aside the findings, conclusions, and for 30 days following certificate decision. conditions, or terms in the NRC staff’s termination. (d) * * * * * * * * amendment determination by providing 14. In § 76.91, the introductory a written basis for the action. If the (2) The Corporation shall comply with the requirements in this part or as paragraph and paragraph (n) are revised Director does not issue a decision or to read as follows: take other appropriate action within 60 specified in an approved plan for days after receiving the petition for achieving compliance. § 76.91 Emergency planning. (e) * * * review, the NRC staff’s determination on The Corporation shall establish, (1) The Corporation shall comply with the amendment application remains in maintain, and be prepared to follow a the requirements in §§ 21.6 and 21.21. effect. written emergency plan. The emergency (2) Under § 21.31, procurement (e) Request for review of a Director’s plan submitted under § 76.35(f) must documents issued by the Corporation decision. The Corporation, or any include the following information: person whose interest may be affected must specify that the provisions of 10 * * * * * and who filed a petition for review or CFR Part 21 apply. (n) Comment from offsite response filed a response to a petition for review * * * * * organizations. The Corporation shall under § 76.45(d), may file a petition 12. In § 76.62, paragraph (c) is revised allow the offsite response organizations requesting the Commission’s review of a to read as follows: Director’s decision on an amendment that are expected to respond in case of application. § 76.62 Issuance of certificate and/or an accident 60 days to comment on the (1) A petition requesting the approval of compliance plan. emergency plan before submitting it to Commission’s review may not exceed 30 * * * * * NRC. The Corporation shall provide any pages and must be filed within 30 days (c) The Corporation, or any person comments received within the 60 days after the date of the Director’s decision. whose interest may be affected, may file to the NRC with the emergency plan. A petition requesting the Commission’s a petition, not to exceed 30 pages, * * * * * review may be either: requesting review of the Director’s Dated at Rockville, Maryland, this 11th day (i) Delivered to the Rulemakings and decision. This petition must be filed of August, 1999. Adjudications Staff of the Office of the with the Commission not later than 30 For the Nuclear Regulatory Commission. days after publication of the Federal Secretary at One White Flint North, Annette L. Vietti-Cook, 11555 Rockville Pike, Rockville, MD Register notice. Any person described Secretary of the Commission. 20852; or in this paragraph may file a response to (ii) Sent by mail or telegram to the any petition for review, not to exceed 30 [FR Doc. 99–21306 Filed 8–16–99; 8:45 am] Secretary, U.S. Nuclear Regulatory pages, within 15 days after the filing of BILLING CODE 7590±01±P Commission, Washington, DC 20555– the petition. If the Commission does not 0001, Attention: Rulemakings and issue a decision or take other Adjudications Staff. appropriate action within 90 days after DEPARTMENT OF TRANSPORTATION (2) Any person described in paragraph the publication of the Federal Register (e) of this section may file a written notice, the Director’s decision remains Federal Aviation Administration response to a petition requesting the in effect. The Commission may adopt, 14 CFR Part 39 Commission’s review. This response by order, further procedures that, in its may not exceed 30 pages and must be judgment, would serve the purpose of [Docket No. 99±NM±204±AD; Amendment filed within 15 days after the filing date review of the Director’s decision. 39±11254; AD 99±17±05] of the petition requesting the * * * * * RIN 2120±AA64 Commission’s review. 13. In § 76.64, paragraph (d) is revised (3) The Commission may adopt, by to read as follows: Airworthiness Directives; Israel order, further procedures that, in its Aircraft Industries, Ltd., Model Astra § 76.64 Denial of certificate or compliance judgment, would serve the purpose of SPX Series Airplanes review of the Director’s decision. The plan. Commission may adopt, modify, or set * * * * * AGENCY: Federal Aviation aside the findings, conclusions, (d) The Corporation, or any person Administration, DOT. conditions, or terms in the Director’s whose interest may be affected, may file ACTION: Final rule; request for amendment review decision and will a petition for review, not to exceed 30 comments. state the basis of its action in writing. If pages, requesting review of the the Commission does not issue a Director’s decision. This petition for SUMMARY: This amendment adopts a decision or take other appropriate action review must be filed with the new airworthiness directive (AD) that is

VerDate 18-JUN-99 14:50 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\17AUR1.XXX pfrm08 PsN: 17AUR1 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Rules and Regulations 44651 applicable to certain Israel Aircraft Explanation of Relevant Service affecting flight safety and, thus, was not Industries Model Astra SPX series Information preceded by notice and an opportunity airplanes. This action requires repetitive Israel Aircraft Industries has issued for public comment, comments are inspections to detect cracking of the Astra Alert Service Bulletin 1125–73A– invited on this rule. Interested persons main fuel tube assemblies of the left and 191, dated April 2, 1999, which are invited to comment on this rule by right engines, and corrective action, if describes procedures for a repetitive submitting such written data, views, or necessary. This amendment is prompted fluorescent penetrant inspection to arguments as they may desire. by issuance of mandatory continuing detect cracking of the main fuel tube Communications shall identify the airworthiness information by a foreign assemblies of the left and right engines, Rules Docket number and be submitted civil airworthiness authority. The and corrective action, if necessary. The in triplicate to the address specified actions specified in this AD are CAAI classified this alert service under the caption ADDRESSES. All intended to detect and correct fuel line bulletin as mandatory and issued Israeli communications received on or before fractures, which could result in in-flight airworthiness directive 73–99–07–05, the closing date for comments will be engine shutdowns or an increased risk dated July 11, 1999, in order to assure considered, and this rule may be of engine nacelle fires. the continued airworthiness of these amended in light of the comments DATES: Effective September 1, 1999. airplanes in Israel. received. Factual information that The incorporation by reference of supports the commenter’s ideas and certain publications listed in the FAA’s Conclusions suggestions is extremely helpful in regulations is approved by the Director This airplane model is manufactured evaluating the effectiveness of the AD of the Federal Register as of September in Israel and is type certificated for action and determining whether 1, 1999. operation in the United States under the additional rulemaking action would be Comments for inclusion in the Rules provisions of section 21.29 of the needed. Docket must be received on or before Federal Aviation Regulations (14 CFR Comments are specifically invited on September 16, 1999. 21.29) and the applicable bilateral the overall regulatory, economic, ADDRESSES: Submit comments in airworthiness agreement. Pursuant to environmental, and energy aspects of triplicate to the Federal Aviation this bilateral airworthiness agreement, the rule that might suggest a need to Administration (FAA), Transport the CAAI has kept the FAA informed of modify the rule. All comments Airplane Directorate, ANM–114, the situation described above. The FAA submitted will be available, both before Attention: Rules Docket No. 99–NM– has examined the findings of the CAAI, and after the closing date for comments, 204–AD, 1601 Lind Avenue, SW., reviewed all available information, and in the Rules Docket for examination by Renton, Washington 98055–4056. determined that AD action is necessary interested persons. A report that The service information referenced in for products of this type design that are summarizes each FAA-public contact this AD may be obtained from Galaxy certificated for operation in the United concerned with the substance of this AD Aerospace Corporation, One Galaxy States. will be filed in the Rules Docket. Way, Fort Worth Alliance Airport, Fort Commenters wishing the FAA to Explanation of Requirements of Rule Worth, Texas 76177. This information acknowledge receipt of their comments submitted in response to this rule must may be examined at the FAA, Transport Since an unsafe condition has been submit a self-addressed, stamped Airplane Directorate, 1601 Lind identified that is likely to exist or postcard on which the following Avenue, SW., Renton, Washington; or at develop on other airplanes of the same statement is made: ‘‘Comments to the Office of the Federal Register, 800 type design registered in the United Docket Number 99–NM–204–AD.’’ The North Capitol Street, NW., suite 700, States, this AD is being issued to detect postcard will be date stamped and Washington, DC. cracking of the main fuel tube returned to the commenter. FOR FURTHER INFORMATION CONTACT: assemblies of the left and right engines, Norman B. Martenson, Manager, which could result in fuel line fractures Regulatory Impact and consequent inflight engine International Branch, ANM–116, FAA, The regulations adopted herein will shutdowns or an increased risk of Transport Airplane Directorate, 1601 not have substantial direct effects on the engine nacelle fires. This AD requires Lind Avenue, SW., Renton, Washington States, on the relationship between the accomplishment of the actions specified 98055–4056; telephone (425) 227–2110; national government and the States, or in the alert service bulletin described fax (425) 227–1149. on the distribution of power and previously. SUPPLEMENTARY INFORMATION: The Civil responsibilities among the various Aviation Administration of Israel Interim Action levels of government. Therefore, in (CAAI), which is the airworthiness This is considered to be interim accordance with Executive Order 12612, authority for Israel, recently notified the action until final action is identified, at it is determined that this final rule does FAA that an unsafe condition may exist which time the FAA may consider not have sufficient federalism on certain Israel Aircraft Industries further rulemaking. implications to warrant the preparation Model Astra SPX series airplanes. The of a Federalism Assessment. CAAI advises that cracking of the main Determination of Rule’s Effective Date The FAA has determined that this fuel tube assembly on the left engine Since a situation exists that requires regulation is an emergency regulation was found at the base of the ‘‘T’’ joint the immediate adoption of this that must be issued immediately to weld (fuel pressure switch boss), which regulation, it is found that notice and correct an unsafe condition in aircraft, resulted in fuel leakage on one occasion. opportunity for prior public comment and that it is not a ‘‘significant Such cracking may be caused by hereon are impracticable, and that good regulatory action’’ under Executive excessive vibration of the tube-mounted cause exists for making this amendment Order 12866. It has been determined fuel pressure switch. This condition, if effective in less than 30 days. further that this action involves an not corrected, could result in fuel line emergency regulation under DOT fractures and consequent in-flight Comments Invited Regulatory Policies and Procedures (44 engine shutdowns or an increased risk Although this action is in the form of FR 11034, February 26, 1979). If it is of engine nacelle fires. a final rule that involves requirements determined that this emergency

VerDate 18-JUN-99 09:43 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\A17AU0.034 pfrm01 PsN: 17AUR1 44652 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Rules and Regulations regulation otherwise would be transmitter tubes, in accordance with Astra DEPARTMENT OF ENERGY significant under DOT Regulatory Alert Service Bulletin 1125–73A–191, dated Policies and Procedures, a final April 2, 1999. Repeat the inspection Federal Energy Regulatory regulatory evaluation will be prepared thereafter at intervals not to exceed 25 hours Commission and placed in the Rules Docket. A copy time-in-service. If any crack is detected of it, if filed, may be obtained from the during any inspection required by this 18 CFR Part 381 Rules Docket at the location provided paragraph, prior to further flight, replace the [Docket No. RM99±11±000] under the caption ADDRESSES. fuel tube assembly with a new or serviceable part, in accordance with the alert service Annual Update of Filing Fees List of Subjects in 14 CFR Part 39 bulletin. August 11, 1999. Air transportation, Aircraft, Aviation Alternative Methods of Compliance safety, Incorporation by reference, AGENCY: Federal Energy Regulatory Safety. (b) An alternative method of compliance or Commission. adjustment of the compliance time that ACTION: Final rule; annual update of Adoption of the Amendment provides an acceptable level of safety may be Commission filing fees. Accordingly, pursuant to the used if approved by the Manager, authority delegated to me by the International Branch, ANM–116, FAA, SUMMARY: In accordance with § 381.104 Administrator, the Federal Aviation Transport Airplane Directorate. Operators of the Commission’s regulations, the Administration amends part 39 of the shall submit their requests through an Commission issues this update of its Federal Aviation Regulations (14 CFR appropriate FAA Principal Maintenance filing fees. This notice provides the part 39) as follows: Inspector, who may add comments and then yearly update using data in the send it to the Manager, International Branch, Commission’s Payroll Utilization PART 39ÐAIRWORTHINESS ANM–116. Reporting System to calculate the new DIRECTIVES Note 2: Information concerning the fees. The purpose of updating is to existence of approved alternative methods of adjust the fees on the basis of the 1. The authority citation for part 39 compliance with this AD, if any, may be Commission’s costs for Fiscal Year continues to read as follows: obtained from the International Branch, 1998. ANM–116. Authority: 49 U.S.C. 106(g), 40113, 44701. EFFECTIVE DATE: September 16, 1999. § 39.13 [Amended] Special Flight Permits FOR FURTHER INFORMATION CONTACT: Troy 2. Section 39.13 is amended by (c) Special flight permits may be issued in Cole,Office of Finance, Accounting and adding the following new airworthiness accordance with sections 21.197 and 21.199 Operations,Federal Energy Regulatory directive: of the Federal Aviation Regulations (14 CFR Commission, 888 First Street, NE, Room 21.197 and 21.199) to operate the airplane to 42–80,Washington, DC 20426,202–219– 99–17–05 Israel Aircraft Industries, Ltd.: Amendment 39–11254. Docket 99–NM– a location where the requirements of this AD 2970. 204–AD. can be accomplished. SUPPLEMENTARY INFORMATION: In Applicability: Model Astra SPX series Incorporation by Reference addition to publishing the full text of airplanes, serial numbers 089 through 115 this document in the Federal Register, (d) The actions shall be done in accordance inclusive; certificated in any category. the Commission also provides all with Astra Alert Service Bulletin 1125–73A– Note 1: This AD applies to each airplane interested persons an opportunity to 191, dated April 2, 1999. This incorporation identified in the preceding applicability inspect or copy the contents of this provision, regardless of whether it has been by reference was approved by the Director of document during normal business hours the Federal Register in accordance with 5 modified, altered, or repaired in the area in the Public Reference Room at 888 U.S.C. 552(a) and 1 CFR part 51. Copies may subject to the requirements of this AD. For First Street, NE, Room 2A, Washington, be obtained from from Galaxy Aerospace airplanes that have been modified, altered, or DC 20426. repaired so that the performance of the Corporation, One Galaxy Way, Fort Worth The Commission Issuance Posting requirements of this AD is affected, the Alliance Airport, Fort Worth, Texas 76177. owner/operator must request approval for an Copies may be inspected at the FAA, System (CIPS) provides access to the alternative method of compliance in Transport Airplane Directorate, 1601 Lind texts of formal documents issued by the accordance with paragraph (b) of this AD. Avenue, SW., Renton, Washington; or at the Commission. CIPS can be accessed via The request should include an assessment of Office of the Federal Register, 800 North Internet through FERC’s Home Page the effect of the modification, alteration, or Capitol Street, NW., suite 700, Washington, (http://www.ferc.fed.us) using the CIPS repair on the unsafe condition addressed by DC. link or the Energy Information Online this AD; and, if the unsafe condition has not icon. The full text of this document will Note 3: The subject of this AD is addressed been eliminated, the request should include be available on CIPS in ASCII, specific proposed actions to address it. in Israeli airworthiness directive 73–99–07– WordPerfect 6.1 and WordPerfect 8.0 05, dated July 11, 1999. Compliance: Required as indicated, unless format. User assistance is available at accomplished previously. (e) This amendment becomes effective on 202–208–2222 or by E-mail to To detect and correct cracking of the main September 1, 1999. fuel tube assemblies of the left and right [email protected]. Issued in Renton, Washington, on August engines, which could result in fuel line This document is also available fractures and consequent in-flight engine 6, 1999. through the Commission’s Records and shutdowns or an increased risk of engine D. L. Riggin, Information Management System nacelle fires, accomplish the following: Acting Manager, Transport Airplane (RIMS), an electronic storage and Repetitive Inspections and Corrective Action Directorate, Aircraft Certification Service. retrieval system of documents submitted to and issued by the Commission after (a) Within 5 hours time-in-service after the [FR Doc. 99–20878 Filed 8–16–99; 8:45 am] November 16, 1981. Documents from effective date of this AD: Perform a BILLING CODE 4910±13±U fluorescent penetrant inspection to detect November 1995 to the present can be cracking of the main fuel tube assemblies of viewed and printed. RIMS is available the left and right engines around the bases of in the Public Reference Room or the ‘‘T’’ joint welds of the pressure remotely via Internet through FERC’s

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Homepage using the RIMS link or the this notice to update filing fees that the Administrator of the Office of Energy Information Online icon. User Commission assesses for specific Information and Regulatory Affairs of assistance is available at 202–208–2222, services and benefits provided to the Office of Management and Budget, or by E-mail to [email protected]. identifiable beneficiaries. Pursuant to that this final rule is not a major rule Finally, the complete text on diskette § 381.104 of the Commission’s within the meaning of section 251 of in WordPerfect format may be regulations, the Commission is Subtitle E of SBREFA. [5 U.S.C. purchased from the Commission’s copy establishing updated fees on the basis of § 804(2)] The Commission is submitting contractor, RVJ International, Inc. RVJ the Commission’s Fiscal Year 1998 this final rule to both Houses of International, Inc., is located in the costs. The adjusted fees announced in Congress and to the Comptroller Public Reference Room at 888 First this notice are effective September 16, General. Street, NE, Washington, DC 20426. The Federal Energy Regulatory 1999. The Commission has determined The new fee schedule is as follows: Commission (Commission) is issuing with the concurrence of the

FEES APPLICABLE TO THE NATURAL GAS POLICY ACT

1. Petitions for rate approval pursuant to 18 CFR 284.123(b)(2). (18 CFR 381.403) ...... $7,320

FEES APPLICABLE TO GENERAL ACTIVITIES

1. Petition for issuance of a declaratory order (except under Part I of the Federal Power Act). (18 CFR 381.302(a)) ...... 14,710 2. Review of a Department of Energy remedial order: Amount in controversy $0–9,999. (18 CFR 381.303(b)) ...... 100 $10,000–29,999. (18 CFR 381.303(b)) ...... 600 $30,000 or more. (18 CFR 381.303(a)) ...... 21,470 3. Review of a Department of Energy denial of adjustment: Amount in controversy $0–9,999. (18 CFR 381.304(b)) ...... 100 $10,000–29,999. (18 CFR 381.304(b)) ...... 600 $30,000 or more. (18 CFR 381.304(a)) ...... 11,260 4. Written legal interpretations by the Office of General Counsel. (18 CFR 381.305(a)) ...... 4,220

FEES APPLICABLE TO NATURAL GAS PIPELINES

1. Pipeline certificate applications pursuant to 18 CFR 284.224. (18 CFR 381.207(b)) ...... 1,000

FEES APPLICABLE TO COGENERATORS AND SMALL POWER PRODUCERS

1. Certification of qualifying status as a small power production facility. (18 CFR 381.505(a)) ...... 12,650 2. Certification of qualifying status as a cogeneration facility. (18 CFR 381.505(a)) ...... 14,320 3. Applications for exempt wholesale generator status. (18 CFR 381.801) ...... 1,460

List of Subjects in 18 CFR Part 381 § 381.303 [Amended] § 381.801 [Amended] 8. Section 381.801 is amended by Electric power plants, Electric 3. In § 381.303, paragraph (a) is amended by removing ‘‘$20,960’’ and removing ‘‘$1,620’’ and inserting utilities, Natural gas, Reporting and ‘‘$1,460’’ in its place. recordkeeping requirements. inserting ‘‘$21,470’’ in its place. [FR Doc. 99–21280 Filed 8–16–99; 8:45 am] § 381.304 [Amended] By the Commission. BILLING CODE 6717±01±P Thomas R. Herlihy, 4. In § 381.304, paragraph (a) is Executive Director and Chief Financial amended by removing ‘‘$10,990’’ and Officer. inserting ‘‘$11,260’’ in its place. DEPARTMENT OF HEALTH AND HUMAN SERVICES In consideration of the foregoing, the § 381.305 [Amended] Commission amends Part 381, Chapter I, Food and Drug Administration Title 18, Code of Federal Regulations, as 5. In § 381.305, paragraph (a) is set forth below. amended by removing ‘‘$4,120’’ and 21 CFR Part 310 inserting ‘‘$4,220’’ in its place. PART 381ÐFEES [Docket No. 96N±0144] § 381.403 [Amended] Over-the-Counter Drug Products 1. The authority citation for Part 381 6. Section 381.403 is amended by Containing Colloidal Silver Ingredients continues to read as follows: removing ‘‘$7,140’’ and inserting or Silver Salts Authority: 15 U.S.C. 717–717w; 16 U.S.C. ‘‘$7,320’’ in its place. AGENCY: 791–828c, 2601–2645; 31 U.S.C. 9701; 42 Food and Drug Administration, § 381.505 [Amended] U.S.C. 7101–7352; 49 U.S.C. 60502; 49 App. HHS. U.S.C. 1–85. 7. In § 381.505, paragraph (a) is ACTION: Final rule. amended by removing ‘‘$12,340’’ and § 381.302 [Amended] SUMMARY: The Food and Drug inserting ‘‘$12,650’’ in its place and by Administration (FDA) is issuing a final 2. In § 381.302, paragraph (a) is removing ‘‘$13,970’’ and inserting rule establishing that all over-the- amended by removing ‘‘$14,360’’ and ‘‘$14,320’’ in its place. counter (OTC) drug products containing inserting ‘‘$14,710’’ in its place. colloidal silver ingredients or silver

VerDate 18-JUN-99 09:43 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\A17AU0.020 pfrm01 PsN: 17AUR1 44654 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Rules and Regulations salts for internal or external use are not In response to the proposal, the products in the 1940’s and 1950’s. The generally recognized as safe and agency received 251 responses. Copies physician was concerned that a product effective and are misbranded. FDA is of these comments are on public display that does not have any rational use issuing this final rule because many in the Dockets Management Branch would lead to the redevelopment of OTC drug products containing colloidal (HFA–305), Food and Drug argryia as a clinical problem. Another silver ingredients or silver salts are Administration, 5630 Fishers Lane, rm. physician/ophthalmologist commented being marketed for numerous serious 1061, Rockville, MD 20852. Additional that colloidal silver is dangerous disease conditions and FDA is not information that has come to the quackery. aware of any substantial scientific agency’s attention since publication of The agency appreciates these evidence that supports the use of OTC the proposal is also on public display in comments in support of its proposal. colloidal silver ingredients or silver the Dockets Management Branch. B. Comments on Safety and salts for these disease conditions. Based on the information set forth in Effectiveness DATES: This regulation is effective the proposed rule, and after 2. One comment expressed concern September 16, 1999. consideration of the information submitted by the public comments (as that many different silver products FOR FURTHER INFORMATION CONTACT: being marketed are inferior products Bradford W. Williams, Center for Drug summarized as follows), FDA is declaring that all OTC drug products and are not even true colloids. Another Evaluation and Research (HFD–310), comment stated that the vast majority of Food and Drug Administration, 7520 containing colloidal silver ingredients or silver salts are not generally silver products being sold are fraudulent Standish Pl., Rockville, MD 20855, 301– products. The comment noted that it 594–0063. recognized as safe and effective, and are new drugs and misbranded within the had tested a number of these products SUPPLEMENTARY INFORMATION: meaning of section 201(p) of the act. and found that several actually had no I. Background Adequate safety and effectiveness data silver content, one did not contain the have not been provided to establish silver particle size as stated on the label, In the Federal Register of October 15, and only one product exceeded all 1996 (61 FR 53685), FDA published a general recognition of the safety and effectiveness of colloidal silver or silver stated purity and stability claims found proposed rule to declare that all OTC on the label. The comment added that salt ingredients for any OTC drug uses. drug products containing colloidal many of the products were only The data submitted did not include the silver ingredients or silver salts are not duplicates of older colloidal silver required absorption, metabolism, tissue generally recognized as safe and products. The comment considered distribution, accumulation, excretion, effective, and are new drugs and these ‘‘newer’’ products as having the and pharmacodynamics (effect of the misbranded within the meaning of same dangers, intermittent effectiveness, drug at its action site) of silver in the section 201(p) of the Federal Food, and lack of stability as the older body, both when taken internally and Drug, and Cosmetic Act (the act) (21 products. The comment contended that applied externally, and of the effect of U.S.C. 321(p)). Colloidal silver is a the vast majority of the colloidal silver the particle size of the silver on these suspension of silver particles in a products it tested are totally useless, colloidal base. In recent years, colloidal systemic effects. some were dangerous to ingest, and FDA is amending subpart E of part silver preparations of unknown some were possibly a threat to life. The 310 (21 CFR part 310) to add § 310.548 formulation have been appearing in comment stated that it is a major for OTC drug products containing retail outlets. These products are labeled problem to keep off the market these so- colloidal silver ingredients or silver for numerous disease conditions, many called ‘‘colloidal silver’’ products that of which are serious diseases. The salts. The agency has expanded contain significant amounts of silver dosage form of these colloidal silver proposed § 310.548(a) to include some ions and silver salts. The comment products is usually oral, but product additional silver ingredients. suggested a revision of the United States labeling also contains directions for II. Public Comments and the Agency’s Pharmacopeia (USP) specifications for topical and, occasionally, intravenous Response these products. use. Another comment stated that many of FDA has not approved a new drug A. General Comments the colloidal silver products it analyzed application (NDA) for any colloidal 1. Many comments agreed with the are considered ‘‘Bredig Sols’’ (simple silver product. None of the silver salts proposed rule. One of these comments colloidal silver), referring to Bredig, evaluated as part of FDA’s OTC drug cautioned against the dangers of using Heidelberg, 1893. The comment added review was found to be generally untested drugs and recalled that Laetrile that a pure Bredig Sol is simply recognized as safe and effective for its misled unsuspecting people in search of elemental silver in distilled water, while intended use(s). FDA is not aware of any a quick cancer cure. Another comment some Bredig Sols are mixed with saline substantial scientific evidence that provided personal experience as a to make them isotonic. The comment supports the use of OTC colloidal silver victim of argyria who had been mentioned that the silver content in ingredients or silver salts for disease disfigured for 40 years as a result of these products (a viable product could conditions. The agency invited any using colloidal silver. This comment contain 0.005 percent silver) is many interested parties to collect and submit included an excerpt from a book that magnitudes less than the silver content any existing data and information that recorded 114 cases of argyria compiled of the products discussed by FDA in its support the safety and effectiveness of in the 1930’s. The comment contended safety and effectiveness evaluation (61 colloidal silver ingredients or silver that many marketers of colloidal silver FR 53685 at 53686). The comment salts for any of the uses not already deny the potential for harm and often contended that the agency had not evaluated under the OTC drug review. misquote or distort the historical articles reviewed the Bredig Sols and disagreed Interested persons were invited to dealing with these products. with the agency’s assumptions that submit written comments on the A physician, who was formerly a there is an analogous comparison proposed regulation and on the agency’s pharmacist, recounted his own between colloidal silver proteins and economic impact determination by experience in reviewing cases of argyria. other silver compounds to a simple January 13, 1997. The victims had ingested silver Bredig Sol.

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These comments highlight the various ionic silver salts, or highly OTC use. The animal data indicate that existing problems in trying to establish concentrated mild silver protein. The mild silver protein in colloidal whether any silver salts or colloidal comment concluded that the dilute, suspension at low concentrations may silver ingredients can be generally mild silver protein products marketed be safe in rats when administered in recognized as safe and effective. today are similar to pre-1938 colloidal specific concentrations for up to 40 Because of the acknowledged silver solutions and do not cause days. Additional data are needed in differences in silver content and particle argyria. The comment also discussed the humans on the absorption, metabolism, size of the silver in various products, it levels of silver in the majority of silver tissue distribution, accumulation, is difficult to draw conclusions from products marketed today and indicated excretion, and pharmacodynamics of clinical studies conducted on different that the amount of silver ingested from silver in the body, both when taken silver products. The agency has minimal these products and the diet are within internally and applied externally, and of manufacturing controls information on the Environmental Protection Agency’s the effect of the particle size of the silver these products. The agency does not maximum daily exposure reference dose on these systemic effects. The agency have information that assures the of 350 micrograms per day for a 70 concludes that a full pharmacologic strength, quality, purity, and potency of kilogram (kg) adult. profile that is relevant to human use is various silver products used in clinical Another comment presented the needed. studies and other reports included in results of several animal (rat) studies 4. Several comments submitted the comments. involving acute or chronic information purporting to support the Concerning the comment suggesting a administration of various amounts of effectiveness of colloidal silver and revision of USP specifications, the colloidal silver (mild silver protein in other silver ingredients. One comment proposed rule stated that none of the colloidal suspension), approximately provided a partial list of the more than formerly recognized colloidal silver 1,500 parts per million (ppm), either by 650 diseases that colloidal silver has preparations (e.g., colloidal silver intravenous (IV) injection or in drinking been used against and included a iodide, strong (or mild) silver protein, water. The IV studies included an initial number of testimonials. Another ammoniacal silver nitrate solution) has acute dose finding study followed by a comment stated that silver will kill 650 been official in the USP or the National chronic study (0.15 or 0.015 milligram disease organisms, but it does not cure Formulary (N.F.) since 1975. It is (mg) per 1 milliliter (mL)). Two groups 650 diseases. The comment added that industry’s responsibility to have these of four rats received each dosage; two a Bredig Sol of silver at 30 ppm is an silver ingredients reinstated in the USP rats served as controls and received 1 effective germicide for both gram- or N.F. and to revise the specifications mL of physiological saline solution. positive and gram-negative bacteria, used in the former compendial Each rat received a total of 12 injections. fungi, yeasts, and viruses. Another monographs. Concerning ‘‘Bredig Sols,’’ The investigator reported that no comment noted the antimicrobial and the comment did not provide any abnormal clinical or behavioral signs bacteriostatic effects of diluted colloidal specific safety and effectiveness data; were observed after 12 days of silver protein solutions. One comment thus, the agency is not able to establish treatment. In another followup chronic provided a number of case reports that such products are generally IV rat study, three rats were injected involving the use of a colloidal silver recognized as safe and effective. with 1,500 ppm colloidal silver three (200 ppm) suspension with protein and 3. Several comments submitted times per week for 4 weeks (a total of distilled water and a mild silver protein information purporting to support the 18 mg per 300 gram (g) rat), and three cream to treat various conditions (e.g., safety of colloidal silver and other silver rats served as controls. All treated and rash, pain, and sore gums). ingredients. The comments contended control rats were weighed at the time of Another comment, from a physician, that silver is nontoxic and has minimal injection. At the completion of the described a double-blind clinical study side effects. One comment stated that study, there were no differences in body that he conducted using a commercial silver is poorly absorbed and not readily weight and no clinical signs or gross colloidal silver product (concentration retained in the body when taken orally. pathologic changes between the treated not provided) in 22 men ages 50 to 82, Another comment stated that colloidal and control groups. The drinking water with a mean age of 61.9 years. The silver is harmless to the liver, kidneys, study involved 15 rats fed 1.5 ppm mild physician obtained a brief medical other internal organs, human enzymes, silver protein solution in their drinking history from each man and did a rectal and the eyes; contains no free radicals; water for 40 days. The rats showed no examination. The men reported that and has no reaction with other clinical signs of gross pathological nocturia (frequency of urination) ranged medications. Several comments changes at the end of the treatment from one to five times a night. The mentioned that argyria, a blue skin period. Three rats received regular physician assumed that the men had discoloration resulting from prolonged drinking water and served as controls. benign prostatic hypertrophy because of administration of silver compounds and The investigator stated that the data do their age and the onset of symptoms in accumulation in the body, is the main not provide information about the recent years. Of the 22 men, 15 took side effect that occurs. One comment metabolic fate of the silver, but support colloidal silver and 7 took placebo explained that argyria occurs because a safety if extrapolated to humans because (colored water). The dose was 1 small amount of the silver compound is a 60-kg person would have to be given teaspoon (tsp) of the products morning absorbed and deposited in the skin, 3,600 mg to receive an amount and evening, and the duration of the where it is reduced by light to metallic equivalent to the rats’ highest dose (18 study was from 19 to 23 days, with one silver; the resulting skin discoloration mg/300 g rat). exception of 10 days for a late entry. At persisting almost indefinitely, although The agency does not consider this the end of the study, four men (all on there are no associated toxic effects. The information adequate to establish the colloidal silver) reported comment contended that colloidal silver general recognition of the safety of silver considerable improvement in the is the only known form of silver that is salts or colloidal silver ingredients for nocturia, with a reduction from 2 to 4 not deposited under the skin even with OTC drug use. The comments times to 1 time each night, while six large doses. Another comment added themselves indicate that ionic silver other men (five on the colloidal silver) that most of the reported cases of argyria salts and highly concentrated mild noted some improvement in the resulted from the use of silver nitrate, silver protein clearly are not safe for nocturia. Two men with a history of

VerDate 18-JUN-99 09:43 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\A17AU0.001 pfrm01 PsN: 17AUR1 44656 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Rules and Regulations transurethral resection of the prostate, under his direction before, during, and ingredients for any specific OTC who were on the colloidal silver, did after the study (a period of about 6 condition. not report any improvement. months). Six noted clearing of acne or C. The Grandfather Clauses of the Act Subsequently, all of the men other infectious lesions of the skin, continued on colloidal silver (1 tsp three reported improvement of mucus in 5. One comment claimed that the daily) for the next 8 weeks. The men the throat and associated cough of long silver products marketed today are the were interviewed after about 4 more duration, two indicated that irritation same as the more dilute mild silver weeks, and each completed an around the anus had cleared, one stated protein products marketed pre-1938 that American Urological Association (AUA) that he had no summer colds for 3 did not cause argyria. The comment Symptom Index representing symptoms months (which was unusual for him), made the following recommendation: at the time of the interview. The men eight reported improvement in nasal FDA should set guidelines of the acceptable levels of the solutions and also completed an AUA index discharge and sinus trouble (especially the dosage based on current EPA safety representing symptoms before starting when using colloidal silver in a nasal the colloidal silver. The AUA index is standards and what was available pre- spray), two noted a reduction in upset based on answers to seven questions, 1938, so that a ‘‘grandfathered’’ standard stomach and abdominal pain, and two graded from 0 (not at all) to 5 (almost is implemented. Another comment reported that their sexual enjoyment always), with the score being a sum of stated that not approving its colloidal the answers to the questions. The one and performance had improved. The silver product as a grandfathered man who reported improvement on physician concluded that these colloidal silver would be to deprive the placebo reported marked improvement observations suggested some areas that public of the use of an extremely safe on the colloidal silver, with his nocturia needed to be investigated further. and effective product already in use for decreasing from 2 to 3 times to 1, and The agency finds that the previous 4 years. occasionally 0, time each night. His studies are not adequate and well- The ‘‘grandfather exemption’’ was AUA index was 9+ at the beginning and controlled clinical studies of the type discussed in detail in the proposed rule improved to a 3 at the last interview. described in § 314.126 (21 CFR 314.126) (61 FR 53685 to 53686). None of the One man moved, and a followup was that need to be conducted. The studies comments provided any evidence to not obtained. Of the remaining 21 men, have major methodic flaws. There needs show that the composition and the 16 reported improvement of varying to be a clear statement of the objectives labeling of colloidal silver or silver salt degrees. All reported decreased of the investigation and a protocol drug products have remained nocturia, with five men recording an containing a specific study design, the unchanged since 1938 or 1962. Without improvement of 2 or less on the AUA method of subject selection (with such evidence, the products cannot index and nine men reporting an inclusion and exclusion criteria), the qualify for either grandfather improvement of 3 to 10 on the AUA method of assigning subjects to exemption, and there is no need to set index. One man reported that he had treatment and control groups, well- any guidelines as requested by one been taking a prescription drug for defined methods for measuring the comment. benign prostatic hypertrophy before subjects’ responses, and methods for D. Freedom of Choice starting the colloidal silver. The last two analysis of the study results. Adequate men had improvements of 14 and 18 on measures need to be taken to minimize 6. A number of comments included the AUA index, with nocturia bias on the part of the subjects, individual testimonials or expressions decreasing by 3 and 2 times, observers, and analysts of the data, of belief that colloidal silver benefited their health and that of their family respectively. Five men reported no which is done by adequate blinding. members or friends. A few comments improvement during the study. Two of The agency is unable to determine the mentioned benefits experienced by pets. these men had a history of transurethral adequacy of the blinding in the resection of the prostate, one had been Many of the comments stated that the physician’s study because the placebo taking a prescription drug for this proposed rule would deny them the was described as ‘‘colored water.’’ The condition for the past 6 months and his freedom of choice to select their own agency is not able to ascertain the nocturia had already improved to 1 time drugs. degree of similarity or difference that each night, and the other two had been FDA’s statutory mandate includes existed in the appearance of the having symptoms for 6 and 15 years, protection and promotion of the public respectively, and had an enlarged colloidal silver product and the placebo health by ensuring that drugs are not prostate when the study began. The to determine how well the study was only safe but also effective for their physician noted that because the four blinded. The studies need replication by intended use. The Commissioner of men with a tender prostate improved, it other investigators and need to follow Food and Drugs’ decision on the status was reasonable to suggest that the § 314.126. Likewise, the conditions of Laetrile, published in the Federal beneficial action of the colloidal silver described in the case reports provided Register of August 5, 1977 (42 FR was due to its antibacterial activity. He by one comment need to be studied in 39788), expresses the agency’s position hypothesized that there may be some adequate and well-controlled clinical on freedom of choice with respect to subclinical prostatitis in many men with trials. Finally, the information that ensuring that drugs are not only safe, benign prostatic hypertrophy, and this silver will kill 650 disease organisms but also effective. That statement reads might explain why the colloidal silver and that a Bredig Sol of silver at 30 ppm in part: resulted in a remarkable reduction in is an effective germicide for both gram- In passing the 1962 Amendments to the the men’s symptoms. The physician positive and gram-negative bacteria, act—the amendments that require that a drug concluded that the results of this study fungi, yeasts, and viruses needs to be be proved effective before it may be merit further investigation by the related to in vivo treatment for specific marketed—Congress indicated its disease conditions. The agency conclusions that the absolute freedom to medical community. choose an ineffective drug was properly The physician also commented on concludes that the data and information surrendered in exchange for the freedom some other observations from about 50 submitted are not sufficient to establish from the danger to each person’s health and men who had taken colloidal silver general recognition of effectiveness for well-being from the sale and use of worthless (most for symptoms of prostatism) colloidal silver or other silver drugs * * *. To the extent that any freedom

VerDate 18-JUN-99 09:43 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\A17AU0.001 pfrm01 PsN: 17AUR1 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Rules and Regulations 44657 has been surrendered by the passage of the A dietary supplement containing Manufacturers will no longer be able legislation which bans from the marketplace colloidal silver or silver salts may not be to market OTC drug products containing drugs that have not been proven to be labeled in whole or in part for topical any silver ingredients after the effective effective, that surrender was a rational decision which has resulted in the use. Section 201(ff)(2)(A)(i) of the act date of the final rule. While the achievement of a greater freedom from the requires that a dietary supplement is a manufacturers may incur a loss of dangers to health and welfare represented by product that is ‘‘intended for ingestion.’’ revenue from some of these products, such drugs. The term ingestion has been addressed some silver products for internal use Agency regulations in 21 CFR by the court in United States v. Ten may be able to continue to be marketed 330.10(a)(4)(ii) state that the standards Cartons, Ener-B Nasal Gel, 888 F. Supp. as dietary supplements, provided they for effectiveness for an OTC drug that is 393 (E.D.N.Y.), aff’d, 72 F.3d 285 (2d meet, among other regulatory generally recognized as effective include Cir. 1995). A topical product could not requirements applicable to dietary a requirement for controlled clinical be a dietary supplement. supplements, the definition of dietary investigations. Isolated case reports, supplements in section 201(ff) of the act III. Analysis of Impacts random experience, and reports lacking and meet the labeling requirements of the details that permit scientific FDA has examined the impacts of the section 403 of the act. evaluation are not considered adequate final rule under Executive Order 12866 Manufacturers have been aware of the to establish effectiveness. Testimonials and the Regulatory Flexibility Act (5 possible effects on the status of these from consumers cannot be considered as U.S.C. 601–612). Executive Order 12866 OTC silver drug products since October adequate proof of effectiveness or safety. directs agencies to assess all costs and 1996 and have not submitted adequate None of the comments presented any benefits of available regulatory safety and effectiveness data to the evidence of safety or effectiveness alternatives and, when regulation is agency. Since publication of the 1996 beyond personal experience. necessary, to select regulatory proposal and with the 30-day In the absence of data demonstrating approaches that maximize net benefits implementation date after publication of that the ingredients present in OTC drug (including potential economic, the final rule, manufacturers should products containing colloidal silver environmental, public health and safety, have ample time to deplete most of their ingredients or silver salts are generally and other advantages; distributive remaining stock of OTC drug products recognized as safe and effective, these impacts; and equity). Under the containing the affected ingredients. ingredients cannot be included in an Regulatory Flexibility Act, if a rule has The agency has considered a longer OTC drug product. After the effective a significant impact on a substantial effective date for this final rule. date of the final regulation, any such number of small entities, an agency However, manufacturers have not OTC drug product initially introduced must analyze regulatory options that submitted the necessary data, and safety or initially delivered for introduction would minimize any significant impact and effectiveness have not been into interstate commerce (unless it is the of the rule on small entities. established for the ingredients included subject of an approved NDA, of which Title II of the Unfunded Mandates in this final rule. Consumers will benefit there currently are none) that is not in Reform Act (2 U.S.C. 1501 et seq.) from the removal from the marketplace compliance with this regulation will be requires that agencies prepare a written of OTC drug products containing subject to regulatory action. statement and economic analysis before ingredients for which safety and E. The Dietary Supplement Health and proposing any rule that may result in an effectiveness have not been established. Education Act (DSHEA) expenditure in any one year by State, If consumers purchase these products 7. Several comments, from local, and tribal governments, in the marketed as dietary supplements and if consumers, stated that the specific aggregate, or by the private sector, of the product bears a statement claiming product they used did not make any $100 million (adjusted annually for a benefit related to a classical nutrient claims and might be considered a inflation). As the agency stated in the deficiency disease and discloses the dietary supplement. None of the proposed rule, this rulemaking is not prevalence of such disease in the United comments provided any labeling or expected to pose a significant impact on States, describes the role of a nutrient or specifics about the products they used. small business because only a limited dietary ingredient intended to affect the This final rule addresses products number of products are affected (61 FR structure or function of the body in marketed as OTC drugs. A product that 53685 at 53687). humans, characterizes the documented is not intended for OTC ‘‘drug’’ use in The agency believes that this final mechanism by which a nutrient or accord with section 201(g)(1) of the act rule is consistent with the principles set dietary supplement acts to maintain would not be subject to this final rule. out in the Executive Order and in these such structure or function, or describes A product containing silver could, two statutes. The purpose of this final general well-being from consumption of under certain circumstances, be rule is to establish that all OTC drug a nutrient or dietary ingredient, then the marketed as a dietary supplement if it products containing colloidal silver labeling will have to inform them that meets the definition in section 201(ff) of ingredients or silver salts for internal or ‘‘This statement has not been evaluated the act and other applicable external use are not generally by the Food and Drug Administration. requirements. Among other things, such recognized as safe and effective and are This product is not intended to a product’s label must state that the misbranded. The agency’s Drug Listing diagnose, treat, cure, or prevent any product is a dietary supplement and System identifies a multitude of silver- disease.’’ (See 21 U.S.C. 343(r)(6).) meet other labeling requirements of the containing products. These products While this final rule may cause act. (See, e.g., section 403(q), (r), and (s) may contain silver, silver ion, silver manufacturers to discontinue marketing of the act (21 U.S.C. 343(q), (r), and (s)).) chloride, silver cyanide, silver iodide, or reformulate or relabel some products, It must also meet the safety silver oxide, or silver phosphate. these manufacturers have known for requirements of the act. (See, e.g., 21 All of these manufacturers are some time that if adequate data were not U.S.C. 342(a), (f), and (g).) FDA may take considered small entities, using the U.S. submitted to support safety and regulatory action against a product Small Business Administration effectiveness, cessation of marketing of marketed as a dietary supplement when designation for this industry (750 the current OTC drug products would authorized to do so by the act. employees). be required, in any event, when the final

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These ingredients and salts events that are now covered by other analysis, together with other relevant include, but are not limited to, silver regulations. sections of this document, serves as the proteins, mild silver protein, strong DATES: This rule is effective August 17, agency’s final regulatory flexibility silver protein, silver, silver ion, silver 1999. analysis, as required under the chloride, silver cyanide, silver iodide, ADDRESSES: Documents as indicated in Regulatory Flexibility Act. Finally, this silver oxide, and silver phosphate. this preamble are available for analysis shows that the Unfunded (b) Any OTC drug product containing inspection or copying at Coast Guard Mandates Reform Act does not apply to colloidal silver ingredients or silver Activities New York, 212 Coast Guard the final rule because it would not result salts that is labeled, represented, or Drive, room 205, Staten Island, New in an expenditure in any one year by promoted for the treatment and/or York 10305, between 8 a.m. and 3 p.m., State, local, and tribal governments, in prevention of any disease is regarded as Monday through Friday, except Federal the aggregate, or by the private sector, of a new drug within the meaning of holidays. The telephone number is (718) $100 million. section 201(p) of the Federal Food, 354–4193. Drug, and Cosmetic Act (the act) for IV. Paperwork Reduction Act of 1995 FOR FURTHER INFORMATION CONTACT: which an approved application or Lieutenant J. Lopez, Waterways This final rule contains no collections abbreviated application under section Oversight Branch, Coast Guard of information. Therefore, clearance by 505 of the act and part 314 of this Activities New York (718) 354–4193. the Office of Management and Budget chapter is required for marketing. In the under the Paperwork Reduction Act of absence of an approved new drug SUPPLEMENTARY INFORMATION: 1995 is not required. application or abbreviated new drug Regulatory History application, such product is also V. Environmental Impact Pursuant to 5 U.S.C. 553, a notice of misbranded under section 502 of the The agency has determined under 21 proposed rulemaking (NPRM) was not act. CFR 25.24(c)(6) that this action is of a published for this regulation. Good (c) Clinical investigations designed to type that does not individually or cause exists for not publishing an NPRM obtain evidence that any drug product cumulatively have a significant effect on and for making this regulation effective containing colloidal silver or silver salts the human environment. Therefore, less than 30 days after Federal Register labeled, represented, or promoted for neither an environmental assessment publication. These procedures are any OTC drug use is safe and effective nor an environmental impact statement unnecessary because this regulation is for the purpose intended must comply is required. strictly administrative in nature. This with the requirements and procedures final rule merely removes obsolete List of Subjects in 21 CFR Part 310 governing the use of investigational new sections in 33 CFR part 165. The safety drugs as set forth in part 312 of this Administrative practice and zones being removed have gone through chapter. procedure, Drugs, Labeling, Medical notice and comment rulemaking and are (d) After September 16, 1999, any devices, Reporting and recordkeeping included in the First Coast Guard such OTC drug product containing requirements. District Fireworks list in 33 CFR colloidal silver or silver salts initially Therefore, under the Federal Food, 100.114. Drug, and Cosmetic Act and under introduced or initially delivered for authority delegated to the Commissioner introduction into interstate commerce Background and Purpose of Food and Drugs, 21 CFR part 310 is that is not in compliance with this One June 28, 1999, the First Coast amended as follows: section is subject to regulatory action. Guard District published a Final rule in Dated: July 14, 1999. the Federal Register (64 FR 34543) PART 310ÐNEW DRUGS Margaret M. Dotzel, updating the regulations for Fireworks 1. The authority citation for 21 CFR Acting Associate Commissioner for Policy. displays within the First Coast Guard part 310 continues to read as follows: [FR Doc. 99–21253 Filed 8–16–99; 8:45 am] District (33 CFR 100.114). The following regulations for fireworks displays from Authority: 21 U.S.C. 321, 331, 351, 352, BILLING CODE 4160±01±F 353, 355, 360b-360f, 360j, 361(a), 371, 374, 33 CFR part 165 were added to the list 375, 379e; 42 U.S.C. 216, 241, 242(a), 262, in § 100.114 and are no longer required 263b-263n. in part 165: DEPARTMENT OF TRANSPORTATION 1. § 165.161 Safety Zone; Annual 2. Section 310.548 is added to subpart ‘‘Fireworks on the Navesink’’ Fireworks E to read as follows: Coast Guard Display Navesink River, Red Bank, New § 310.548 Drug products containing 33 CFR Part 165 Jersey. colloidal silver ingredients or silver salts 2. § 165.166 Safety Zone; Annual offered over-the-counter (OTC) for the [CGD01±99±135] Burlington Independence Day treatment and/or prevention of disease. Celebration Fireworks Display, (a) Colloidal silver ingredients and RIN 2115±AA97 Burlington Bay, Vermont. silver salts have been marketed in over- 3. § 165.167 Safety Zone; Annual the-counter (OTC) drug products for the Safety Zone Port of New York/New Rensselaer Festival Fireworks Display, treatment and prevention of numerous Jersey Annual Marine Events Hudson River, New York. disease conditions. There are serious AGENCY: Coast Guard, DOT. 4. § 165.170 Safety Zone; Heritage of and complicating aspects to many of the Pride Fireworks Display, Hudson River, ACTION: Final rule. diseases these silver ingredients purport New York.

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5. § 165.174 Safety Zone; Annual 12612 and has determined that this final § 165.174 [Removed] South Street Seaport New Year’s Eve rule does not have sufficient 6. Remove § 165.174. Fireworks Display, East River, New implications for federalism to warrant York. the preparation of a Federalism § 165.175 [Removed] 6. § 165.175 Safety Zone; Annual Assessment. 7. Remove § 165.175. South Street Seaport Memorial Day Unfunded Mandates § 165.178 [Removed] Fireworks Display, East River, New York. Title II of the Unfunded Mandates 8. Remove § 165.178. 7. § 165.178 Safety Zone; Annual Reform Act of 1995 (UMRA) [Pub. L. Dated: August 6, 1999. North Hempstead Memorial Day 104–4, 109 Stat. 48] requires Federal R.E. Bennis, Fireworks Display, Hempstead Harbor, agencies to assess the effects of certain Captain, U.S. Coast Guard, Captain of the New York. regulatory actions on State, local, and Port, New York. tribal governments, and the private Regulatory Evaluation [FR Doc. 99–21269 Filed 8–16–99; 8:45 am] sector. UMRA requires a written BILLING CODE 4910±15±M This final rule is not a significant statement of economic and regulatory regulatory action under section (f) of alternatives for rules that contain Executive Order 12866 and does not Federal mandates. A Federal mandate is DEPARTMENT OF VETERANS require an assessment of potential costs a new or additional enforceable duty AFFAIRS and benefits under section 6(a)(3) of that imposed on any State, local, or tribal Order. It has not been reviewed by the government, or the private sector. If any 38 CFR Part 17 Office of Management and Budget under Federal mandate causes those entities to that Order. It is not significant under the spend, in the aggregate, $100 million or RIN 2900±AJ03 more in any one year, the UMRA regulatory policies and procedures of Reconsideration of Denied Claims the Department of Transportation (DOT) analysis is required. This final rule does (44 FR 11040; February 26, 1979). The not impose Federal mandates on any AGENCY: Department of Veterans Affairs. Coast Guard expects the economic State, or tribal governments, or the ACTION: Final rule. impact of this final rule to be so private sector. SUMMARY: This document amends the minimal that a full Regulatory Environment Evaluation under paragraph 10e of the Department of Veterans Affairs’ regulatory policies and procedures of The Coast Guard considered the ‘‘Medical’’ regulations by adding a new DOT is unnecessary. This finding is environmental impact of this final rule section to set forth reconsideration based on the fact that this regulation is and concluded that under figure 2–1, procedures regarding claims for benefits strictly administrative in nature and that paragraph 34(g), of Commandant administered by the Veterans Health the regulations have gone through Instruction M16475.1C, this final is Administration. These procedures notice and comment rulemaking while categorically excluded from further would not only allow for more reflective being added to the list of First Coast environmental documentation. A decisions at the local level but would Guard District fireworks displays in 33 ‘‘Categorical Exclusion Determination’’ also allow some disputes to be resolved CFR 100.114. is available in the docket for inspection without the need for further appeal to or copying where indicated under the Board of Veterans’ Appeals. Small Entities ADDRESSES . DATES: Effective Date: August 17, 1999. Under the Regulatory Flexibility Act List of Subjects in 33 CFR part 165 FOR FURTHER INFORMATION CONTACT: Troy (5 U.S.C. 601 et seq.), the Coast Guard L. Baxley, Health Administration considered whether this final rule will Harbors, Marine safety, Navigation Service (10C3), Department of Veterans have a significant economic impact on (water), Reporting and recordkeeping Affairs, 810 Vermont Avenue, NW, a substantial number of small entities. requirements, Security measures, Washington DC 20420, telephone (202) ‘‘small entities’’ include small Waterways. 273–8301. (This is not a toll-free businesses, not-for-profit organizations Regulation number). that are independently owned and For the reasons discussed in the operated and are not dominant in their SUPPLEMENTARY INFORMATION: In a preamble, the Coat guard amends 33 fields, and governmental jurisdictions document published in the Federal CFR part 165 as follows: with populations of less than 50,000. Register on February 27, 1998 (63 FR 9990), we proposed to amend the For reasons discussed in the PART 165Ð[AMENDED] Regulatory Evaluation above, the Coast ‘‘Medical’’ regulations (38 CFR part 17) Guard certifies under section 605(b) of 1. The authority citation for part 165 by adding a new section to set forth the Regulatory Flexibility Act (5 U.S.C. continues to read as follows: reconsideration procedures regarding claims for benefits administered by the 601 et seq.) that this final rule will not (Authority: 33 U.S.C. 1231; 50 U.S.C. 191; have a significant economic impact on 33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; 49 Veterans Health Administration (VHA). a substantial number of small entities. CFR 1.46. We provided a 60-day comment period, which ended April 28, 1998. We Collection of Information § 165.161 [Removed] received comments from two sources. This final rule does not provide for a 2. Remove § 165.161. Both commenters asserted that the VA person rendering a decision upon collection of information under the § 165.166 [Removed] Paperwork Reduction Act of 1995 (44 reconsideration should not be the same 3. Remove § 165.166. U.S.C. 3501 et seq.) person who rendered the original § 165.167 [Removed] decision. We agree and have delegated Federalism 4. Remove § 165.167. the authority for making the The Coast Guard has analyzed this reconsideration decision to the final rule under the principles and § 165.170 [Removed] immediate supervisor of the initial VA criteria contained in Executive Order 5. Remove § 165.170 decision-maker.

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One commenter asserted that under 2. In part 17, an undesignated center (e.g., presentation, cross-examination of § 17.133(a) of the proposed rule, the heading and § 17.133 are added to read witnesses, etc.). The meeting will be examples provided are, indeed, as follows: taped and transcribed by VA if examples and are not all inclusive. We requested by the claimant and a copy of Reconsideration of Denied Claims agree. We have revised the text to more the transcription shall be provided to clearly emphasize that, unless other § 17.133 Procedures. the claimant. After reviewing the matter, reconsideration procedures apply, the (a) Scope. This section sets forth the immediate supervisor of the initial reconsideration procedures of this rule reconsideration procedures regarding VA decision-maker shall issue a written apply to VHA decisions that are claims for benefits administered by the decision that affirms, reverses, or appealable to the Board of Veterans’ Veterans Health Administration (VHA). modifies the initial decision. Appeals. Also, we have clarified the These procedures apply to claims for Note to § 17.133: The final decision of the procedures to state that they do not VHA benefits regarding decisions that immediate supervisor of the initial VA apply to decisions made outside VHA, are appealable to the Board of Veterans’ decision-maker will inform the claimant of such as rating decisions made by the Appeals (e.g., reimbursement for non- further appellate rights for an appeal to the Veterans Benefits Administration and VA care not authorized in advance, Board of Veterans’ Appeals. adopted by VHA for decisionmaking. reimbursement for beneficiary travel (The Office of Management and Budget has Paperwork Reduction Act of 1995 expenses, reimbursement for home approved the information collection improvements or structural alterations, requirements in this section under control The Office of Management and Budget number 2900–0600) etc.). These procedures do not apply (OMB) has cleared the information (Authority: 38 U.S.C. 511, 38 U.S.C. 7105) collection and has assigned an OMB when other regulations providing control number 2900–0600. reconsideration procedures do apply [FR Doc. 99–21249 Filed 8–16–99; 8:45 am] (this includes CHAMPVA (38 CFR BILLING CODE 8320±01±P Regulatory Flexibility Act 17.270 through 17.278) and spina bifida The Secretary hereby certifies that the (38 CFR 17.904) and any other adoption of this final rule would not regulations that contain reconsideration DEPARTMENT OF DEFENSE have a significant impact on a procedures). Also, these procedures do substantial number of small entities as not apply to decisions made outside of DEPARTMENT OF VETERANS they are defined in the Regulatory VHA, such as decisions made by the AFFAIRS Flexibility Act (RFA), 5 U.S.C. 601–612. Veterans Benefits Administration and Although the adoption of the final rule adopted by VHA for decisionmaking. 38 CFR Part 21 could affect small businesses, it would These procedures are not mandatory, RIN 2900±AJ40 not have a significant impact on any and a claimant may choose to appeal the small business. Therefore, pursuant to 5 denied claim to the Board of Veterans’ Veterans Education: Increased U.S.C. 605(b), the proposed rule is Appeals pursuant to 38 U.S.C. 7105 Allowances for the Educational exempt from the initial and final without utilizing the provisions of this Assistance Test Program regulatory flexibility analysis section. Submitting a request for AGENCIES: reconsideration shall constitute a notice Department of Defense and requirements of §§ 603 and 604. Department of Veterans Affairs. There are no Catalog of Federal of disagreement for purposes of filing a Domestic Assistance program numbers. timely notice of disagreement under 38 ACTION: Final rule. U.S.C. 7105(b). SUMMARY: The law provides that rates of List of Subjects in 38 CFR Part 17 (b) Process. An individual who subsistence allowance and educational Administrative practice and disagrees with the initial decision assistance payable under the procedure, Alcohol abuse, Alcoholism, denying the claim in whole or in part Educational Assistance Test Program Claims, Day care, Dental health, Drug may obtain reconsideration under this shall be adjusted annually by the abuse, Foreign relations, Government section by submitting a reconsideration Secretary of Defense based upon the contracts, Grant programs-health, Grant request in writing to the Director of the average actual cost of attendance at programs-veterans, Health care, Health healthcare facility of jurisdiction within public institutions of higher education facilities, Health professions, Health one year of the date of the initial in the twelve-month period since the records, Homeless, Medical and dental decision. The reconsideration decision rates were last adjusted. After schools, Medical devices, Medical will be made by the immediate consultation with the Department of research, Mental health programs, supervisor of the initial VA decision- Education, the Department of Defense Nursing homes, Philippines, Reporting maker. The request must state why it is has concluded that the rates for the and recordkeeping requirements, concluded that the decision is in error 1998–99 academic year should be Scholarships and fellowships, Travel and must include any new and relevant increased by 5% over the rates payable and transportation expenses, Veterans. information not previously considered. for the 1997–98 academic year. The Any request for reconsideration that Approved: June 28, 1999. regulations dealing with these rates are does not identify the reason for the Togo D. West, Jr., amended accordingly. Secretary of Veterans Affairs. dispute will be returned to the sender without further consideration. The DATES: This rule is effective August 17, For the reasons set forth in the request for reconsideration may include 1999. preamble, 38 CFR part 17 is amended to a request for a meeting with the FOR FURTHER INFORMATION CONTACT: read as follows: immediate supervisor of the initial VA William G. Susling, Jr., Education Advisor, Education Service, Veterans PART 17ÐMEDICAL decision-maker, the claimant, and the claimant’s representative (if the Benefits Administration, (202) 273– 1. The authority citation for part 17 claimant wishes to have a representative 7187. continues to read as follows: present). Such a meeting shall only be SUPPLEMENTARY INFORMATION: The law Authority: 38 U.S.C. 501(a), 1721, unless for the purpose of discussing the issues (10 U.S.C. 2145) provides that the otherwise noted. and shall not include formal procedures Secretary of Defense shall adjust the

VerDate 18-JUN-99 14:50 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\17AUR1.XXX pfrm08 PsN: 17AUR1 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Rules and Regulations 44661 amount of educational assistance which Department, Education, Employment, (ii) * * * may be provided in any academic year Grant programs-education, Grant (C) Adding the two results. under the Educational Assistance Test programs-veterans, Health programs, (3) * * * Program, and the amount of subsistence Loan programs-education, Loan (ii) * * * allowance authorized under that programs-veterans, Manpower training (C) Adding the two results; and program. The adjustment is to be based programs, Reporting and recordkeeping * * * * * upon the twelve-month increase in the requirements, Schools, Travel and § 21.5822 [Amended] average actual cost of attendance at transportation expenses, Veterans, public institutions of higher education. Vocational education, Vocational 3. In § 21.5822, paragraph (a) As required by law, the Department of rehabilitation. introductory text is amended by removing ‘‘payable to’’ and adding, in Defense has consulted with the Approved: March 10, 1999. Department of Education. The its place, ‘‘payable to’’; paragraph Togo D. West, Jr., Department of Defense has concluded (b)(1)(i) is amended by removing ‘‘$773’’ that these costs increased by 5% in the Secretary of Veterans Affairs. and adding, in its place, ‘‘$812’’, by 1997–98 academic year. Accordingly, Approved: May 19, 1999. removing ‘‘1997–98’’ and adding, in its this final rule changes 38 CFR 21.5820 Curtis B. Taylor, place, ‘‘1998–99’’, and by removing and 21.5822 to reflect a 5% increase in Colonel U.S. Army, Principal Director, ‘‘year,’’ and adding, in its place; ‘‘year.’’; the rates payable in the 1998–99 (Military Personnel Policy), Department of paragraph (b)(1)(ii) is amended by academic year. These changes to Defense. removing ‘‘$386.50’’ and adding, in its § 21.5820 include removing provisions For the reasons set out above, 38 CFR place, ‘‘$406’’, by removing ‘‘1997–98’’ for adjustments to compensate for part 21 (subpart H) is amended as set and adding, in its place, ‘‘1998–99’’, and rounding, which were not applicable forth below. by removing ‘‘year,’’ and adding, in its because this year the resulting place, ‘‘year.’’; paragraph (b)(2)(i) is numerical values did not involve PART 21ÐVOCATIONAL amended by removing ‘‘1997–98’’ and rounding. Other nonsubstantive changes REHABILITATION AND EDUCATION adding, in its place, ‘‘1998–99’’, by are made for the purpose of removing ‘‘$773’’ and adding, in its clarification. Subpart HÐEducational Assistance place, ‘‘$812’’, and by removing ‘‘day:’’ Test Program and adding, in its place, ‘‘day.’’; and Administrative Procedure Act paragraph (b)(2)(ii) is amended by Pursuant to 5 U.S.C. 553 there is good 1. The authority citation for part 21, removing ‘‘1997–98’’ and adding, in its cause for finding that notice and public subpart H, is revised to read as follows: place, ‘‘1998–99’’, by removing procedure are impractical, unnecessary Authority: 10 U.S.C. ch. 107; 38 U.S.C. ‘‘$386.50’’ and adding, in its place, and contrary to the public interest and 501(a), 3695, 5101, 5113, 5303A; 42 U.S.C. ‘‘$406’’, and by removing ‘‘day;’’ and there is good cause for dispensing with 2000; sec. 901, Pub. L. 96–342, 94 Stat. 1111– adding, in its place, ‘‘day.’’. 1114, unless otherwise noted. a 30-day delay of the effective date. The [FR Doc. 99–21248 Filed 8–16–99; 8:45 am] 2. In § 21.5820, paragraph (b)(1) is rates of subsistence allowance and BILLING CODE 8320±01±P educational assistance payable under amended by removing ‘‘1997–98’’ and the Educational Assistance Test adding, in its place, ‘‘1998–99’’ and by removing ‘‘$3,103’’ and adding, in its Program are determined based on a DEPARTMENT OF COMMERCE statutory formula and, in essence, the place, ‘‘$3,258’’; paragraph (b)(2)(ii) calculation of rates merely constitutes a introductory text is amended by National Oceanic and Atmospheric non-discretionary ministerial act. The removing ‘‘1997–98’’ and adding, in its Administration other changes made by this document place, ‘‘1998–99’’; paragraph (b)(2)(ii)(A) are merely nonsubstantive changes for is amended by removing ‘‘$344.78’’ and 50 CFR Part 648 the purpose of clarification. adding, in its place, ‘‘$362’’ and by removing ‘‘$172.39’’ and adding, in its [Docket No. 981014259±8312±02; I.D. 081099A] Regulatory Flexibility Act place, ‘‘$181’’; paragraph (b)(2)(ii)(B) is The Secretary of Veterans Affairs and amended by removing ‘‘$11.49’’ and Fisheries of the Northeastern United the Secretary of Defense hereby certify adding, in its place, ‘‘$12.07’’ and by States; Summer Flounder Fishery; that this final rule will not have a removing ‘‘$5.75’’ and adding, in its Commercial Quota Harvested for significant economic impact on a place, ‘‘$6.03’’; paragraph (b)(3)(ii) Massachusetts substantial number of small entities as introductory text is amended by they are defined in the Regulatory removing ‘‘1997–98’’ and adding, in its AGENCY: National Marine Fisheries Flexibility Act, 5 U.S.C. 601–612. This place, ‘‘1998–99’’; paragraph (b)(3)(ii)(A) Service (NMFS), National Oceanic and final rule directly affects only is amended by removing ‘‘$344.78’’ and Atmospheric Administration (NOAA), individuals. Pursuant to 5 U.S.C. 605(b), adding, in its place, ‘‘$362’’ and by Commerce. this final rule, therefore, is exempt from removing ‘‘$172.39’’ and adding, in its ACTION: Commercial quota harvest. the initial and final regulatory flexibility place, ‘‘$181’’; paragraph (b)(3)(ii)(B) is analyses requirements of sections 603 amended by removing ‘‘$11.49’’ and SUMMARY: NMFS announces that the and 604. adding, in its place, ‘‘$12.07’’ and by summer flounder commercial quota There is no Catalog of Federal removing ‘‘$5.75’’ and adding, in its available to the Commonwealth of Domestic Assistance number for the place, ‘‘$6.03’’; and paragraphs Massachusetts has been harvested. program affected by this final rule. (b)(2)(ii)(C) and (b)(3)(ii)(C) are revised Vessels issued a commercial Federal to read as follows: fisheries permit for the summer List of Subjects in 38 CFR Part 21 flounder fishery may not land summer Administrative practice and § 21.5820 Educational assistance. flounder in Massachusetts for the procedure, Armed forces, Civil rights, * * * * * remainder of calendar year 1999, unless Claims, Colleges and universities, (b) * * * additional quota becomes available Conflict of interests, Defense (2) * * * through a transfer. Regulations

VerDate 18-JUN-99 09:43 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\A17AU0.012 pfrm01 PsN: 17AUR1 44662 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Rules and Regulations governing the summer flounder fishery 1999, corrected at 64 FR 9088, February available. Therefore, effective 0001 require publication of this notification 24, 1999). The percent allocated to hours August 16, 1999, further landings to advise the Commonwealth of vessels landing summer flounder in of summer flounder in Massachusetts by Massachusetts that the quota has been Massachusetts is 6.82046 percent, or vessels holding commercial Federal harvested and to advise vessel permit 757,842 lb (343,751 kg). fisheries permits are prohibited for the holders and dealer permit holders that Section 648.101(b) requires the remainder of the 1999 calendar year, no commercial quota is available for Administrator, Northeast Region, NMFS unless additional quota becomes landing summer flounder in (Regional Administrator) to monitor available through a transfer and is Massachusetts. state commercial quotas and to announced in the Federal Register. DATES: Effective from 0001 hours, determine when a state’s commercial Effective the same date, federally August 16, 1999, through 2400 hours, quota is harvested. The Regional permitted dealers are also advised that December 31, 1999. Administrator is further required to they may not purchase summer flounder publish notification in the Federal FOR FURTHER INFORMATION CONTACT: Paul from federally permitted vessels that Register advising a state and notifying land in Massachusetts for the remainder H. Jones, Fishery Policy Analyst, (978) Federal vessel and dealer permit holders 281–9273. of the calendar year, or until additional that, effective upon a specific date, the quota becomes available through a SUPPLEMENTARY INFORMATION: state’s commercial quota has been transfer. Regulations governing the summer harvested and no commercial quota is flounder fishery are found at 50 CFR available for landing summer flounder Classification part 648. The regulations require annual in that state. The Regional specification of a commercial quota that Administrator has determined, based This action is required by 50 CFR part is apportioned on a percentage basis upon dealer reports and other available 648 and is exempt from review under among the coastal states from North information, that the Commonwealth of E.O. 12866. Carolina through Maine. The process to Massachusetts has attained its quota for Authority: 16 U.S.C. 1801 et seq. set the annual commercial quota and the 1999. Dated: August 12, 1999. percent allocated to each state is The regulations at § 648.4(b) provide described in § 648.100. that Federal permit holders agree as a Bruce C. Morehead, The initial total commercial quota for condition of the permit not to land Acting Director, Office of Sustainable summer flounder for the 1999 calendar summer flounder in any state that the Fisheries, National Marine Fisheries Service. year was set equal to 11,110,300 lb Regional Administrator has determined [FR Doc. 99–21299 Filed 8–12–99; 3:18 pm] (5,039,547 kg)(64 FR 5196, February 3, no longer has commercial quota BILLING CODE 3510±22±F

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Proposed Rules Federal Register Vol. 64, No. 158

Tuesday, August 17, 1999

This section of the FEDERAL REGISTER DEPARTMENT OF TRANSPORTATION p.m., Monday through Friday, except contains notices to the public of the proposed Federal holidays. issuance of rules and regulations. The Federal Aviation Administration The service information referenced in purpose of these notices is to give interested this AD may be obtained from persons an opportunity to participate in the 14 CFR Part 39 AlliedSignal Aerospace, Technical rule making prior to the adoption of the final rules. [Docket No. 99±NM±25±AD] Publications, Dept. 65–70, P.O. Box 52170, Phoenix, Arizona 85072–2170. RIN 2120±AA64 This information may be examined at NATIONAL CREDIT UNION Airworthiness Directives; Airbus Model the FAA, Transport Airplane ADMINISTRATION A319, A320, A321, A330, and A340 Directorate, 1601 Lind Avenue, SW., Series Airplanes Equipped With Renton, Washington. 12 CFR Parts 702 and 747 AlliedSignal RIA±35B Instrument FOR FURTHER INFORMATION CONTACT: Landing System Receivers Norman B. Martenson, Manager, Prompt Corrective Action International Branch, ANM–116, FAA, AGENCY: Federal Aviation Transport Airplane Directorate, 1601 AGENCY: National Credit Union Administration, DOT. Lind Avenue, SW., Renton, Washington Administration (NCUA). ACTION: Notice of proposed rulemaking 98055–4056; telephone (425) 227–2110; (NPRM). ACTION: Proposed rule; extension of fax (425) 227–1149. SUPPLEMENTARY INFORMATION: comment period. SUMMARY: This document proposes the supersedure of an existing airworthiness Comments Invited SUMMARY: On May 3, 1999, the NCUA directive (AD), applicable to certain Interested persons are invited to issued a proposed rule establishing a Airbus Model A319, A320, A321, A330, participate in the making of the and A340 series airplanes, that currently system of prompt corrective action to be proposed rule by submitting such requires revising the Airplane Flight taken by NCUA and by federally- written data, views, or arguments as Manual (AFM) to require the flightcrew insured credit unions if they become they may desire. Communications shall to discontinue use of any Instrument undercapitalized. The proposed rule identify the Rules Docket number and Landing System (ILS) receiver for which was published in the Federal Register be submitted in triplicate to the address a certain caution message is displayed. on May 18, 1999 (see 64 FR 27090). The specified above. All communications It also requires, for certain airplanes, proposed rule stated that comments received on or before the closing date replacing any faulty ILS receiver with a must be received by August 16, 1999. for comments, specified above, will be new, serviceable, or modified unit, and Due to a request made, the NCUA Board considered before taking action on the provides for optional terminating action has decided to extend the comment proposed rule. The proposals contained for the AFM revisions. That amendment period for an additional 15 days to in this notice may be changed in light was prompted by a pilot’s report of August 31, 1999. of the comments received. errors in the glide slope deviation Comments are specifically invited on DATES: The comment period is being provided by an ILS receiver. This action the overall regulatory, economic, extended from August 16, 1999 to would require accomplishment of the environmental, and energy aspects of August 31, 1999. Comments must be previous optional terminating action. the proposed rule. All comments postmarked or received by August 31, The actions specified by this proposal submitted will be available, both before 1999. are intended to detect and correct faulty and after the closing date for comments, ILS receivers and to ensure that the in the Rules Docket for examination by ADDRESSES: Direct comments to Becky flightcrew is advised of the potential Baker, Secretary of the Board. Mail or interested persons. A report hazard of performing ILS approaches summarizing each FAA-public contact hand-deliver comments to: National using a localizer deviation from a faulty Credit Union Administration, 1775 concerned with the substance of this ILS receiver, and advised of the proposal will be filed in the Rules Duke Street, Alexandria, Virginia procedures necessary to address that 22314–3428. Fax comments to (703) Docket. hazard. An erroneous localizer Commenters wishing the FAA to 518–6319. Please send comments by one deviation could result in a landing acknowledge receipt of their comments method only. outside the lateral boundary of the submitted in response to this notice runway. FOR FURTHER INFORMATION CONTACT: must submit a self-addressed, stamped Steven W. Widerman, Trial Attorney, DATES: Comments must be received by postcard on which the following Office of General Counsel, at the above September 16, 1999. statement is made: ‘‘Comments to address or telephone: (703) 518–6540. ADDRESSES: Submit comments in Docket Number 99–NM–25–AD.’’ The triplicate to the Federal Aviation postcard will be date stamped and By the National Credit Union Administration (FAA), Transport returned to the commenter. Administration Board on August 10, 1999. Airplane Directorate, ANM–114, Becky Baker, Attention: Rules Docket No. 99–NM– Availability of NPRMs Secretary of the Board. 25–AD, 1601 Lind Avenue, SW., Any person may obtain a copy of this [FR Doc. 99–21212 Filed 8–16–99; 8:45 am] Renton, Washington 98055–4056. NPRM by submitting a request to the BILLING CODE 7535±01±P Comments may be inspected at this FAA, Transport Airplane Directorate, location between 9:00 a.m. and 3:00 ANM–114, Attention: Rules Docket No.

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99–NM–25–AD, 1601 Lind Avenue, August 19, 1998 (for Model A319, A320 other item that is installed in a limited SW., Renton, Washington 98055–4056. and A321 series airplanes), Service number of airplane models, an AD is Bulletin A330–34–3068, dated April 28, issued so that it is applicable to those Discussion 1998 (for Model A330 series airplanes), airplanes, rather than the item. The On August 6, 1998, the FAA issued and Service Bulletin A340–34–4073, reason for this is simple: making the AD AD 98–17–05, amendment 39–10707 (63 dated April 28, 1998 (for Model A340 applicable to the airplane models on FR 43294, August 13, 1998), applicable series airplanes). These service bulletins which the item is installed ensures that to certain Airbus Model A319, A320, provide information on the installation operators of those airplanes will be A321, A330, and A340 series airplanes, of RIA–35B ILS receivers that have been notified directly of the unsafe condition to require the flightcrew to discontinue modified in accordance with and the action required to correct it. use of any Instrument Landing System AlliedSignal Electronic and Avionics While it is assumed that an operator (ILS) receiver for which a certain Systems Service Bulletin M–4431 (RIA– will know the models of airplanes that caution message is displayed and, for 35B–34–7), Revision 1, dated May 1998, it operates, there is a potential that the certain airplanes, replacement of any onto the airplane. operator will not know or be aware of faulty ILS receiver with a new, Airbus has developed production specific items that are installed on its serviceable, or modified unit. That AD modification 27251 (for Model A319, airplanes. Therefore, calling out the also provides for an optional A320, and A321 series airplanes) and airplane model as the subject of the AD terminating action for the AFM production modification 46264 (for prevents ‘‘unknowing non-compliance’’ revisions. That action was prompted by Model A330 and A340 series airplanes). on the part of the operator. a pilot’s report of errors in the glide These modifications involve the slope deviation provided by an ILS installation of modified ILS receivers on Cost Impact receiver. The requirements of that AD these airplanes during production, There are approximately 191 are intended to detect and correct faulty which would eliminate the need for the airplanes of U.S. registry that would be ILS receivers, to ensure that the AFM limitations required by the affected by this proposed AD. flightcrew is advised of the potential existing AD. The AFM revision that is currently hazard of performing ILS approaches required by AD 98–17–05, and retained using a localizer deviation from a faulty U.S. Type Certification of the Airplanes in this AD, takes approximately 1 work ILS receiver, and advised of the These airplane models are hour per airplane to accomplish, at an procedures necessary to address that manufactured in France and are type average labor rate of $60 per work hour. hazard, which could result in a landing certificated for operation in the United Based on these figures, the cost impact outside the lateral boundary of the States under the provisions of section of the currently required actions on U.S. runway. 21.29 of the Federal Aviation operators is estimated to be $11,460, or Regulations (14 CFR 21.29) and the $60 per airplane. Actions Since Issuance of Previous Rule applicable bilateral airworthiness The new replacement that is proposed In the preamble to AD 98–17–05, the agreement. in this AD action would take FAA indicated that the actions required approximately 5 work hours per Explanation of Requirements of by that AD were considered ‘‘interim airplane to accomplish, at an average Proposed Rule action’’ and that further rulemaking labor rate of $60 per work hour. action was being considered. The FAA Since an unsafe condition has been Required parts would cost now has determined that further identified that is likely to exist or approximately $157 per airplane. Based rulemaking action is indeed necessary develop on other airplanes of the same on these figures, the cost impact of the to require replacement of all existing type design registered in the United replacement proposed by this AD on RIA–35B ILS receivers with modified States, the proposed AD would U.S. operators is estimated to be parts, which would constitute supersede AD 98–17–05 to continue to $87,287, or $457 per airplane. terminating action for the AFM require the flightcrew to discontinue use The cost impact figures discussed revisions. This proposed AD follows of any ILS receiver for which a certain above are based on assumptions that no from that determination and allows caution message is displayed. For operator has yet accomplished any of opportunity for public comment. certain airplanes, the proposed AD the current or proposed requirements of In light of the criticality of the unsafe would continue to require replacement this AD action, and that no operator condition (an error in the glide slope of any faulty ILS receiver with a new, would accomplish those actions in the deviation provided by an ILS receiver, serviceable, or modified unit. The future if this AD were not adopted. which could result in a landing outside proposed AD would add a new of the lateral boundary of the runway), requirement for replacement of all Regulatory Impact reliance on the AFM procedures to existing RIA–35B ILS receivers with The regulations proposed herein require the flightcrew to discontinue use modified parts, which would constitute would not have substantial direct effects of any ILS receiver for which a certain terminating action for the AFM on the States, on the relationship caution message is displayed and revisions described previously. The between the national government and replacement of faulty ILS receivers may replacement would be required to be the States, or on the distribution of not provide the degree of safety accomplished in accordance with power and responsibilities among the assurance necessary for the transport AlliedSignal Electronic and Avionics various levels of government. Therefore, airplane fleet. Therefore, replacement of Systems Service Bulletin M–4431 (RIA– in accordance with Executive Order all existing RIA–35B ILS receivers with 35B–34–7), Revision 1, dated May 1998 12612, it is determined that this modified parts is necessary to ensure (described previously in AD 98–17–05). proposal would not have sufficient long-term continued operational safety. federalism implications to warrant the Explanation of the Applicability of the preparation of a Federalism Assessment. Explanation of Relevant Service Proposed Rule For the reasons discussed above, I Information The FAA notes that its general policy certify that this proposed regulation (1) Airbus has issued Service Bulletin is that, when an unsafe condition results is not a ‘‘significant regulatory action’’ A320–34–1163, Revision 01, dated from the installation of an appliance or under Executive Order 12866; (2) is not

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AlliedSignal Electronic and Avionics FR 11034, February 26, 1979); and (3) if To detect and correct faulty ILS receivers Systems Service Bulletin M–4431 (RIA–35B– promulgated, will not have a significant and to ensure that the flightcrew is advised 34–7), Revision 1, dated May 1998. of the potential hazard of performing ILS economic impact, positive or negative, approaches using a localizer deviation from New Actions Required by This AD on a substantial number of small entities a faulty ILS receiver, and advised of the (c) Within 6 months after the effective date under the criteria of the Regulatory procedures necessary to address that hazard, of this AD, replace all RIA–35B ILS receivers, Flexibility Act. A copy of the draft accomplish the following: P/N 066–50006–0202, with RIA–35B ILS receivers that have been modified in regulatory evaluation prepared for this Restatement of Actions Required by AD 98– accordance with AlliedSignal Electronic and action is contained in the Rules Docket. 17–05, Amendment 39–10707 A copy of it may be obtained by Avionics Systems Service Bulletin M–4431 (a) Within 10 days after August 28, 1998 (RIA–35B–34–7), Revision 1, dated May contacting the Rules Docket at the (the effective date of AD 98–17–05, location provided under the caption 1998; on which the P/N’s have been amendment 39–10707), accomplish the converted to 066–50006–1202. Such ADDRESSES. requirements of paragraphs (a)(1) and (a)(2) replacement constitutes terminating action List of Subjects in 14 CFR Part 39 of this AD. for the requirements of paragraph (a) of this (1) Revise the Limitations Section of the AD. After the replacement has been Air transportation, Aircraft, Aviation FAA-approved Airplane Flight Manual accomplished, the limitations required by safety, Safety. (AFM) to include the following statement. paragraph (a)(1) of this AD may be removed This may be accomplished by inserting a from the AFM. The Proposed Amendment copy of this AD into the AFM. Note 3: Modification of all AlliedSignal Accordingly, pursuant to the ‘‘Instrument Landing (ILS) 1(2) Fault RIA–35B ILS receivers, P/N 066–50006–0202, authority delegated to me by the If ‘‘ILS 1(2) FAULT,’’ electronic centralized accomplished prior to August 28, 1998, in Administrator, the Federal Aviation aircraft monitor (ECAM) caution, is triggered accordance with AlliedSignal Electronic and Administration proposes to amend part at any time during the flight, the affected ILS Avionics Systems Service Bulletin M–4431 39 of the Federal Aviation Regulations receiver must be considered as no longer (RIA–35B–34–7), dated April 1998, is (14 CFR part 39) as follows: available until it is replaced, and the flight considered acceptable for compliance with crew must make the appropriate entry in the the modification specified in this PART 39ÐAIRWORTHINESS aircraft maintenance log prior to the next amendment. DIRECTIVES flight. Note 4: Airbus Industrie Service Bulletin During an ILS or LOC approach, the glide A320–34–1163, Revision 01, dated August 1. The authority citation for part 39 slope deviation and localizer deviation from 19, 1998 (for Model A319, A320 and A321 continues to read as follows: ILS receivers 1 and 2 must be monitored and series airplanes), Service Bulletin A330–34– compared. 3068, dated April 28, 1998 (for Model A330 Authority: 49 U.S.C. 106(g), 40113, 44701. If a discrepancy between the glide slope series airplanes), and Service Bulletin A340– deviation and/or localizer deviation provided § 39.13 [Amended] 34–4073, dated April 28, 1998 (for Model by ILS receivers 1 and 2 is experienced, A340 series airplanes), provide additional 2. Section 39.13 is amended by interrupt the ILS approach. information on the installation of RIA–35B removing amendment 39–10707 (63 FR Do not conduct ILS or LOC approaches ILS receiver part number 066–50006–1202. 43294, August 13, 1998), and by adding using a single ILS receiver. Alternative Methods of Compliance a new airworthiness directive (AD), to If ILS 1 has experienced an unannunciated failure there may be late or false ground read as follows: (d) An alternative method of compliance or proximity warning system (GPWS) alerts/ adjustment of the compliance time that Airbus Industrie: Docket 99–NM–25–AD. callouts. Affected GPWS features may provides an acceptable level of safety may be Supersedes AD 98–17–05, Amendment include sink rate alerts, glide slope deviation used if approved by the Manager, 39–10707. alerts, and altitude callouts.’’ International Branch, ANM–116, FAA, Applicability: Model A319, A320, A321, (2) Following accomplishment of the AFM Transport Airplane Directorate. Operators A330, and A340 series airplanes; certificated revision required by paragraph (a)(1) of this shall submit their requests through an in any category; equipped with AlliedSignal AD, if a caution message reading ‘‘ILS 1 appropriate FAA Principal Operations RIA–35B Instrument Landing System (ILS) FAULT,’’ ‘‘ILS 2 FAULT,’’ or ‘‘ILS 1+2 Inspector or Principal Avionics Inspector or receivers, part number (P/N) 066–50006– FAULT’’ is displayed intermittently or Principal Maintenance Inspector, who may 0202; excluding airplanes on which RIA–35B continuously on ECAM during any portion of add comments and then send it to the ILS receiver P/N 066–50006–1202 [Airbus any flight: Within 10 days after the message Manager, International Branch, ANM–116. is first displayed, remove the faulty ILS Modification 27251 (for Model A319, A320, Note 5: Information concerning the receiver and install either a new or and A321 series airplanes) or Modification existence of approved alternative methods of serviceable part that has the same P/N as the 46264 (for Model A330 and A340 series compliance with this AD, if any, may be ILS receiver that was removed from the airplanes)] has been installed. obtained from the International Branch, airplane or a part that has been modified in Note 1: This AD applies to each airplane ANM–116. accordance with AlliedSignal Electronic and identified in the preceding applicability Avionics Systems Service Bulletin M–4431 provision, regardless of whether it has been Special Flight Permits (RIA–35B–34–7), Revision 1, dated May otherwise modified, altered, or repaired in (e) Special flight permits may be issued in 1998. the area subject to the requirements of this accordance with sections 21.197 and 21.199 AD. For airplanes that have been modified, Note 2: The ECAM messages described in of the Federal Aviation Regulations (14 CFR altered, or repaired so that the performance paragraph (a)(2) of this AD, when displayed 21.197 and 21.199) to operate the airplane to of the requirements of this AD is affected, the to the pilot, are normally preceded by ‘‘NAV’’ a location where the requirements of this AD owner/operator must request approval for an indicating a fault in the navigation system. can be accomplished. alternative method of compliance in (b) As of August 28, 1998, no person shall Issued in Renton, Washington, on August accordance with paragraph (d) of this AD. install on any airplane an AlliedSignal RIA– 11, 1999. The request should include an assessment of 35B ILS receiver, P/N 066–50006–0202, that D. L. Riggin, the effect of the modification, alteration, or has been found to be discrepant [that is, an repair on the unsafe condition addressed by ILS receiver for which one of the caution Acting Manager, Transport Airplane this AD; and, if the unsafe condition has not messages specified in paragraph (a)(2) of this Directorate, Aircraft Certification Service. been eliminated, the request should include AD was displayed on the ECAM] unless the [FR Doc. 99–21333 Filed 8–16–99; 8:45 am] specific proposed actions to address it. discrepancy has been corrected by modifying BILLING CODE 4910±13±U

VerDate 18-JUN-99 09:52 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\A17AU2.010 pfrm01 PsN: 17AUP1 44666 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Proposed Rules

DEPARTMENT OF TRANSPORTATION number in the subject line. Comments England Executive Park, Burlington, MA may be inspected at this location 01803–5299. Federal Aviation Administration between 8:00 a.m. and 4:30 p.m., Discussion Monday through Friday, except Federal 14 CFR Part 39 holidays. On February 16, 1999, the Federal [Docket No. 98±ANE±74±AD] The service information referenced in Aviation Administration (FAA) issued the proposed rule may be obtained from airworthiness directive (AD) 98–24–03, Airworthiness Directives; BMW Rolls- BMW Rolls-Royce GmbH, Eschenweg Amendment 39–11050 (64 FR 9056, Royce GmbH Models BR700±710A1±10 11, D–15827 Dahlewitz, Germany; February 24, 1999), following a priority and BR700±710A2±20 Turbofan telephone 011–49–33–7086–1883; fax letter AD issued November 12, 1998, Engines 011–49–33–7086–3276. This applicable to BMW Rolls-Royce GmbH information may be examined at the (BRR) Models BR700–710A1–10 and AGENCY: Federal Aviation BR700–710A2–20 turbofan engines. Administration, DOT. FAA, New England Region, Office of the Regional Counsel, 12 New England That AD requires initial and repetitive ACTION: Notice of proposed rulemaking Executive Park, Burlington, MA. visual inspections of the engine (NPRM). compressor and combustion core FOR FURTHER INFORMATION CONTACT: fairings (also referred to as the engine SUMMARY: This document proposes to Keith Mead, Aerospace Engineer, revise an existing airworthiness core fairings) and fasteners for correct Engine Certification Office, FAA, Engine installation and damage, and directive (AD) applicable to BMW Rolls- and Propeller Directorate, 12 New Royce GmbH (BRR) Models BR700– verification that the engine core fairing England Executive Park, Burlington, MA fasteners are torqued to the higher 710A1–10 and BR700–710A2–20 01803–5299; telephone (781) 238–7744, turbofan engines. The existing AD torque value. That action was prompted fax (781) 238–7199. by a report of an engine compressor core currently requires initial and repetitive SUPPLEMENTARY INFORMATION: visual inspections of the engine fairing failure during engine ground compressor and combustion core Comments Invited runs on a BRR Model BR700–710A1–10 fairings (also referred to as the engine turbofan engine installed on a Interested persons are invited to Gulfstream G–V aircraft. That condition, core fairings) and fasteners for correct participate in the making of the installation and damage, and if not corrected, could result in engine proposed rule by submitting such compressor or combustion core fairing verification that the engine core fairing written data, views, or arguments as fasteners are torqued to a higher torque detachment and damage to the engine they may desire. Communications bypass duct, resulting in engine failure value. This action would increase the should identify the Rules Docket repetitive inspection interval to 150 and damage to the airplane. number and be submitted in triplicate to Since the issuance of that AD, the hours time-in-service (TIS) following an the address specified above. All Luftfahrt-Bundesamt (LBA), which is initial inspection and follow-on communications received on or before the airworthiness authority for inspection at the current 50 hours TIS the closing date for comments, specified Germany, has notified the FAA that they interval. This action also would require above, will be considered before taking have determined, based on ongoing an initial inspection and follow-on action on the proposed rule. The investigations and results of successful inspection at a 50 hours TIS interval proposals contained in this notice may repetitive inspections, that the following any engine core fairing or be changed in light of the comments inspection interval can be safely fastener removal, repair, or replacement. received. increased. They also determined that if Repair of engine core fairings has been Comments are specifically invited on an engine core fairing was removed, an added as an alternate to engine core the overall regulatory, economic, initial inspection and follow-on fairing replacement, and an inspection environmental, and energy aspects of inspection at the current 50 hour TIS for loose engine core fairing(s) has been the proposed rule. All comments interval would be required to insure included to verify correct installation on submitted will be available, both before correct installation, before the 150 hour the engine. This proposal is prompted and after the closing date for comments, repetitive time-in-service (TIS) interval by results of repetitive inspections that in the Rules Docket for examination by is permitted. They also instituted an indicate that the inspection interval can interested persons. A report inspection requirement for loose engine be increased safely. The actions summarizing each FAA-public contact core fairings to verify proper installation specified by the proposed AD are concerned with the substance of this and allowed the use of repaired engine intended to prevent engine compressor proposal will be filed in the Rules core fairings. The LBA issued AD 1998– or combustion core fairing detachment Docket. 467/2 following publication of BRR and damage to the engine bypass duct, Commenters wishing the FAA to Service Bulletin (SB) No. BR700–72– resulting in engine failure and damage acknowledge receipt of their comments 900062, Revision 3, dated March to the airplane. submitted in response to this notice 24,1999, that increases the repetitive DATES: Comments must be received by must submit a self-addressed, stamped inspection intervals. September 16, 1999. postcard on which the following This engine model is manufactured in ADDRESSES: Submit comments in statement is made: ‘‘Comments to Germany and is type certificated for triplicate to the Federal Aviation Docket Number 98–ANE–74–AD.’’ The operation in the United States under the Administration (FAA), New England postcard will be date stamped and provisions of section 21.29 of the Region, Office of the Regional Counsel, returned to the commenter. Federal Aviation Regulations (14 CFR Attention: Rules Docket No. 98–ANE– 21.29) and the applicable bilateral 74–AD, 12 New England Executive Park, Availability of NPRMs airworthiness agreement. Pursuant to Burlington, MA 01803–5299. Comments Any person may obtain a copy of this this bilateral airworthiness agreement, may also be sent via the Internet using NPRM by submitting a request to the the LBA has kept the FAA informed of the following address: ‘‘9-ane- FAA, New England Region, Office of the the situation described above. The FAA [email protected]’’. Comments sent Regional Counsel, Attention: Rules has examined the findings of the LBA, via the Internet must contain the docket Docket No. 98–ANE–74–AD, 12 New reviewed all available information, and

VerDate 18-JUN-99 09:52 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\A17AU2.012 pfrm01 PsN: 17AUP1 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Proposed Rules 44667 determined that AD action is necessary PART 39ÐAIRWORTHINESS and one follow-on inspection in accordance for products of this type design that are DIRECTIVES with paragraph (b), if both inspections found certificated for operation in the United no cracks, damage, loose fairings or fasteners States. 1. The authority citation for part 39 the repetitive inspection interval may be continues to read as follows: increased to 150 hours TIS since last Since an unsafe condition has been inspection in accordance with the procedures identified that is likely to exist or Authority: 49 U.S.C. 106(g), 40113, 44701. described in paragraph (b) of this AD. develop on other products of this same § 39.13 [Amended] (d) Reinspection and retorquing prior to further flight is required in accordance with type design, the proposed AD would 2. Section 39.13 is amended by revise AD 98–24–03 to increase the paragraph (a) of this AD, following any removing Amendment 39–11050 (64 FR engine core fairing or fastener which has repetitive inspection interval to 150 9056, February 24, 1999), and by adding hours time-in-service (TIS) following a been removed, repaired or replaced. One a new airworthiness directive, to read as successful follow-on inspection and retorque successful initial inspection and one follows: in accordance with paragraph (b) of this AD follow-on inspection at the current 50 must be accomplished before the repetitive BMW Rolls-Royce GmbH: Docket No. 98– hours TIS inspection interval. Any 150 hour TIS inspection interval described in ANE–74–AD. Revises AD 98–24–03, engine core fairings or fasteners that paragraph (c) of this AD is permitted. Amendment 39–11050. have been removed, repaired, or (e) An alternative method of compliance or replaced will require an initial Applicability: BMW Rolls-Royce GmbH adjustment of the compliance time that (BRR) Model BR700–710A1–10 and BR700– inspection before flight and one follow- provides an acceptable level of safety may be 710A2–20 turbofan engines installed on, but used if approved by the Manager, Engine on inspection at the 50 hours TIS not limited to, Gulfstream Aerospace G–V interval before the 150 hour TIS Certification Office. Operators shall submit and Bombardier BD–700–1A10 series their requests through an appropriate FAA inspection interval is allowed. airplanes. Principal Maintenance Inspector, who may There exists no adverse economic Note 1: This airworthiness directive (AD) add comments and then send it to the impact because this proposed rule only applies to each engine identified in the Manager, Engine Certification Office. increases the repetitive inspection preceding applicability provision, regardless Note 2: Information concerning the of whether it has been modified, altered, or existence of approved alternative methods of interval. repaired in the area subject to the compliance with this airworthiness directive, The regulations proposed herein requirements of this AD. For engines that if any, may be obtained from the Engine have been modified, altered, or repaired so would not have substantial direct effects Certification Office. on the States, on the relationship that the performance of the requirements of this AD is affected, the owner/operator must Issued in Burlington, Massachusetts, on between the national government and August 11, 1999. the States, or on the distribution of request approval for an alternative method of compliance in accordance with paragraph (e) David A. Downey, power and responsibilities among the of this AD. The request should include an various levels of government. Therefore, Assistant Manager, Engine and Propeller assessment of the effect of the modification, Directorate, Aircraft Certification Service. in accordance with Executive Order alteration, or repair on the unsafe condition [FR Doc. 99–21332 Filed 8–16–99; 8:45 am] 12612, it is determined that this addressed by this AD; and, if the unsafe proposal would not have sufficient condition has not been eliminated, the BILLING CODE 4910±13±U federalism implications to warrant the request should include specific proposed preparation of a Federalism Assessment. actions to address it. DEPARTMENT OF TRANSPORTATION For the reasons discussed above, I Compliance: Required as indicated, unless accomplished previously. certify that this proposed regulation (1) To prevent engine compressor and Federal Aviation Administration is not a ‘‘significant regulatory action’’ combustion core fairing (also referred to as under Executive Order 12866; (2) is not the engine core fairing) detachment which 14 CFR Part 39 a ‘‘significant rule’’ under the DOT could result in damage to the engine bypass [Docket No. 99±NE±07±AD] Regulatory Policies and Procedures (44 duct, engine failure and damage to the FR 11034, February 26, 1979); and (3) if aircraft, accomplish the following: RIN 2120±AA64 promulgated, will not have a significant (a) Prior to further flight, visually inspect economic impact, positive or negative, the engine core fairings and fasteners to Airworthiness Directives; Allison on a substantial number of small entities ensure correct installation and for cracks, Engine Company AE 3007A and AE loose fairings, or fasteners, and if loose, 3007C Series Turbofan Engines under the criteria of the Regulatory cracked, damaged, or improperly installed, Flexibility Act. A copy of the draft repair or replace with serviceable parts. AGENCY: Federal Aviation regulatory evaluation prepared for this Torque all the fasteners to the increased Administration, DOT. action is contained in the Rules Docket. torque value, in accordance with BRR Service ACTION: Notice of proposed rulemaking A copy of it may be obtained by Bulletin (SB) BR700–72–900062, Revision 1, (NPRM). contacting the Rules Docket at the dated October 29, 1998, or Revision 2, dated November 3, 1998, or Revision 3, dated location provided under the caption SUMMARY: This proposal would require ADDRESSES. March 24, 1999. (b) Thereafter, except as provided in revisions to the Airworthiness List of Subjects in 14 CFR Part 39 paragraphs (c) or (d) of this AD, at intervals Limitations Section of the Allison not to exceed 50 hours time-in-service (TIS) Engine Company AE 3007A and AE Air transportation, Aircraft, Aviation since last inspection, visually inspect the 3007C Engine Manuals to include safety, Safety. engine core fairings and fasteners for cracks, required enhanced inspection of loose fairings, or fasteners, and, if loose, The Proposed Amendment selected critical life-limited parts at cracked, or damaged, repair or replace with each piece-part exposure. This proposal Accordingly, pursuant to the serviceable parts. Torque all the fasteners to would also require an air carrier’s the increased torque value, in accordance authority delegated to me by the with BRR SB BR700–72–900062, Revision 2, approved continuous airworthiness Administrator, the Federal Aviation dated November 3, 1998, or Revision 3, dated maintenance program to incorporate Administration proposes to amend part March 24, 1999. these inspection procedures. Air carriers 39 of the Federal Aviation Regulations (c) Following an initial inspection in with an approved continuous (14 CFR part 39) as follows: accordance with paragraph (a) of this AD, airworthiness maintenance program

VerDate 18-JUN-99 09:52 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\A17AU2.013 pfrm01 PsN: 17AUP1 44668 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Proposed Rules would be allowed to either maintain the the proposed rule. All comments making. Future ADs may be issued records showing the current status of submitted will be available, both before introducing additional intervention the inspections using the record keeping and after the closing date for comments, strategies to further reduce or eliminate system specified in the air carrier’s in the Rules Docket for examination by uncontained engine failures. maintenance manual, or establish an interested persons. A report Properly focused enhanced acceptable alternate method of record summarizing each FAA-public contact inspections require identification of the keeping. This proposal is prompted by concerned with the substance of this parts whose failure presents the highest an FAA study of in-service events proposal will be filed in the Rules safety hazard to the airplane, identifying involving uncontained failures of Docket. the most critical features to inspect on critical rotating engine parts that Commenters wishing the FAA to these parts, and utilizing inspection indicated the need for improved acknowledge receipt of their comments procedures and techniques that improve inspections. The improved inspections submitted in response to this notice crack detection. The FAA, with close are needed to identify those critical must submit a self-addressed, stamped cooperation of the engine rotating parts with conditions, which if postcard on which the following manufacturers, has completed a detailed allowed to continue in service, could statement is made: ‘‘Comments to analysis that identifies the most safety result in uncontained failures. The Docket Number 99–NE–07–AD.’’ The significant parts and features, and the actions specified by this proposed AD postcard will be date stamped and most appropriate inspection methods. are intended to prevent critical life- returned to the commenter. Critical life-limited high-energy rotating parts are currently subject to limited rotating engine part failure, Availability of NPRMs which could result in an uncontained some form of recommended crack engine failure and damage to the Any person may obtain a copy of this inspection when exposed during engine airplane. NPRM by submitting a request to the maintenance or disassembly. As a result FAA, New England Region, Office of the of this AD, the inspections currently DATES: Comments must be received by Regional Counsel, Attention: Rules recommended by the manufacturer will September 16, 1999. Docket No. 99–NE–07–AD, 12 New become mandatory for those parts listed ADDRESSES: Submit comments in England Executive Park, Burlington, MA in the compliance section. triplicate to the Federal Aviation 01803–5299. Furthermore, the FAA intends that Administration (FAA), New England additional mandatory enhanced Discussion Region, Office of the Regional Counsel, inspections resulting from this AD serve Attention: Rules Docket No. 99–NE–07– A recent FAA study analyzing 15 as an adjunct to the existing inspections. AD, 12 New England Executive Park, years of accident data for transport The FAA has determined that the Burlington, MA 01803–5299. Comments category airplanes identified several enhanced inspections will significantly may also be sent via the Internet using failure mode root causes that can result improve the probability of crack the following address: ‘‘9-ane- in serious safety hazards to transport detection while the parts are [email protected]’’. Comments sent category airplanes. This study identified disassembled during maintenance. All via the Internet must contain the docket uncontained failure of critical life- mandatory inspections must be number in the subject line. Comments limited rotating engine parts as the conducted in accordance with detailed may be inspected at this location leading engine-related safety hazard to inspection procedures prescribed in the between 8:00 a.m. and 4:30 p.m., airplanes. Uncontained engine failures manufacturer’s Engine Manuals. Monday through Friday, except Federal have resulted from undetected cracks in Additionally, this AD allows for air holidays. rotating parts that initiated and carriers operating under the provisions FOR FURTHER INFORMATION CONTACT: propagated to failure. Cracks can of 14 CFR part 121 with an FAA- Chung-Der Young, Aerospace Engineer originate from causes such as approved continuous airworthiness Chicago Aircraft Certification Office, unintended excessive stress from the maintenance program, and entities with FAA, Small Airplane Directorate, 2300 original design, or they may initiate whom those air carriers make East Devon Avenue, Des Plaines, IL from stresses induced from material arrangements to perform this 60018; telephone (847) 294–7309, fax flaws, handling damage, or damage from maintenance, to verify performance of (847) 294–7834. machining operations. The failure of the enhanced inspections by retaining SUPPLEMENTARY INFORMATION: rotating parts can present a significant the maintenance records that include safety hazard to the airplanes by release the inspections resulting from this AD, Comments Invited of high energy fragments that could provided that the records include the Interested persons are invited to injure passengers or crew by penetration date and signature of the person participate in the making of the of the cabin, damage flight control performing the maintenance action. proposed rule by submitting such surfaces, sever flammable fluid lines, or These records must be retained with the written data, views, or arguments as otherwise compromise the maintenance records of the part, engine they may desire. Communications airworthiness of the airplane. module, or engine until the task is should identify the Rules Docket Accordingly, the FAA has developed repeated. This will establish a method number and be submitted in triplicate to an intervention strategy to significantly of record preservation and retrieval the address specified above. All reduce uncontained engine failures. typical to those in existing continuous communications received on or before This intervention strategy was airworthiness maintenance programs. the closing date for comments, specified developed after consultation with Instructions must be included in an air above, will be considered before taking industry and will be used as a model for carrier’s maintenance manual providing action on the proposed rule. The future initiatives. This intervention procedures on how this record proposals contained in this notice may strategy is to conduct enhanced, preservation and retrieval system will be changed in light of the comments nondestructive inspections of fan disks be implemented and integrated into the received. which could most likely result in a air carrier’s record keeping system. Comments are specifically invited on safety hazard to the airplane in the This proposal would require, within the overall regulatory, economic, event of a disk fracture. The FAA is also the next 30 days after the effective date environmental, and energy aspects of considering the need for additional rule of this AD, revisions to the

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Airworthiness Limitations Section in is not a ‘‘significant regulatory action’’ to EMBRAER EMB–145 series and Cessna the Allison Engine Company AE 3007A under Executive Order 12866; (2) is not Citation X series airplanes. and AE 3007C Engine Manuals, and, for a ‘‘significant rule’’ under the DOT Note 1: This airworthiness directive (AD) air carriers, the approved continuous Regulatory Policies and Procedures (44 applies to each engine identified in the airworthiness maintenance program. FR 11034, February 26, 1979); and (3) if preceding applicability provision, regardless Allison Engine Company, the promulgated, will not have a significant of whether it has been modified, altered, or manufacturer of AE 3007A and AE economic impact, positive or negative, repaired in the area subject to the 3007C series turbofan engines, used on on a substantial number of small entities requirements of this AD. For engines that 14 CFR part 25 airplanes, has provided under the criteria of the Regulatory have been modified, altered, or repaired so the FAA with a detailed proposal that Flexibility Act. A copy of the draft that the performance of the requirements of identifies and prioritizes the critical life- regulatory evaluation prepared for this this AD is affected, the owner/operator must limited rotating engine parts with the action is contained in the Rules Docket. request approval for an alternative method of highest potential to hazard the airplane A copy of it may be obtained by compliance in accordance with paragraph (c) in the event of failure, along with contacting the Rules Docket at the of this AD. The request should include an instructions for enhanced, focused location provided under the caption assessment of the effect of the modification, inspection methods. The enhanced ADDRESSES. alteration, or repair on the unsafe condition inspections resulting from this AD will addressed by this AD; and, if the unsafe be conducted at piece-part opportunity, List of Subjects in 14 CFR Part 39 condition has not been eliminated, the as defined below in the compliance Air transportation, Aircraft, Aviation request should include specific proposed section, rather than specific time safety, Safety. actions to address it. inspection intervals. Compliance: Required as indicated, unless The Proposed Amendment The FAA estimates that 450 engines accomplished previously. installed on airplanes of U.S. registry Accordingly, pursuant to the To prevent critical life-limited rotating would be affected by this proposed AD, authority delegated to me by the engine part failure, which could result in an that it would take approximately 1 work Administrator, the Federal Aviation uncontained engine failure and damage to hour per engine to accomplish the Administration proposes to amend part the airplane, accomplish the following: proposed actions. The average labor rate 39 of the Federal Aviation Regulations (a) Within the next 30 days after the is $60 per work hour. Based on these (14 CFR part 39) as follows: effective date of this AD, revise the figures, the total cost impact of the Airworthiness Limitations Section of the proposed AD on U.S. operators is PART 39ÐAIRWORTHINESS Allison Engine Company AE 3007A and AE estimated to be $27,000. DIRECTIVES 3007C Engine Manuals, and for air carrier The regulations proposed herein operations revise the approved continuous 1. The authority citation for part 39 would not have substantial direct effects airworthiness maintenance program, by continues to read as follows: on the States, on the relationship adding the following: between the national government and Authority: 49 U.S.C. 106(g), 40113, 44701. the States, or on the distribution of ‘‘Mandatory Inspections § 39.13 [Amended] power and responsibilities among the (1) Perform inspections of the various levels of government. Therefore, 2. Section 39.13 is amended by following parts at each piece-part adding the following new airworthiness in accordance with Executive Order opportunity in accordance with the directive: 12612, it is determined that this instructions provided in the applicable proposal would not have sufficient Allison Engine Company: Docket 99–NE–07– manual provisions: federalism implications to warrant the AD. preparation of a Federalism Assessment. Applicability: Allison Engine Company AE For the reasons discussed above, I 3007A, A1/1, A1/2, A1and AE 3007C series certify that this proposed regulation (1) turbofan engines, installed on but not limited

Part nomenclature Part No. (P/N) Inspect per engine manual chapter

Wheel, Fan ...... All ...... 72±21±21 (Task 72±21±21±200± 801)

(2) For the purposes of these mandatory Company AE 3007A and AE 3007C Engine Federal Aviation Regulations (14 CFR 21.197 inspections, piece-part opportunity means: Manuals. and 21.199) to operate the airplane to a (i) The part is completely disassembled (c) An alternative method of compliance or location where the requirements of this AD when done in accordance with the adjustment of the compliance time that can be accomplished. disassembly instructions in the engine provides an acceptable level of safety may be (e) FAA-certificated air carriers that have manufacturer’s Heavy Maintenance Manual; used if approved by the Engine Certification an approved continuous airworthiness and Office. Operators shall submit their requests maintenance program in accordance with the (ii) The part has accumulated more than through an appropriate FAA Principal record keeping requirement of § 121.369(c) of 100 cycles in service since the last piece-part Maintenance Inspector (PMI), who may add the Federal Aviation Regulations [14 CFR opportunity inspection, provided that the comments and then send it to the Engine 121.369(c)] of this chapter must maintain part was not damaged or related to the cause Certification Office. records of the mandatory inspections that for its removal from the engine.’’ result from revising the Airworthiness (b) Except as provided in paragraph (c) of Note 2: Information concerning the Limitations Section and the air carrier’s this AD, and notwithstanding contrary existence of approved alternative methods of continuous airworthiness program. provisions in § 43.16 of the Federal Aviation compliance with this airworthiness directive, Alternately, certificated air carriers may Regulations (14 CFR 43.16), these mandatory if any, may be obtained from the Engine establish an approved system of record inspections shall be performed only in Certification Office. retention that provides a method for accordance with the Airworthiness (d) Special flight permits may be issued in preservation and retrieval of the maintenance Limitations Section of the Allison Engine accordance with §§ 21.197 and 21.199 of the records that include the inspections resulting

VerDate 18-JUN-99 09:52 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\A17AU2.016 pfrm01 PsN: 17AUP1 44670 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Proposed Rules from this AD, and include the policy and regarding advances, evacuation set forth in the U.S. Government procedures for implementing this alternate payments, and allowances for civilian Manual, which is published annually by method in the air carrier’s maintenance employees in time of national the Office of the Federal Register, and is manual required by § 121.369(c) of the emergency. Also, the rulemaking would available on the Internet at http:// Federal Aviation Regulations [14 CFR www.nara.gov/fedreg/, under Other 121.369(c)]; however, the alternate system update references to offices in the Board must be accepted by the appropriate PMI and to reflect recent reorganizations. Publications. require the maintenance records be The Board, with the concurrence of (b) The following delegation of maintained either indefinitely or until the the Office of Management and Budget, authority is made to provide continuity work is repeated. Records of the piece-part has determined that this is not a in the event of a national emergency: inspections are not required under significant regulatory action for (1) The Chair of the Board shall act § 121.380(a)(2)(vi) of the Federal Aviation purposes of Executive Order 12866. with full administrative authority for Regulations [14 CFR 121.380(a)(2)(vi)]. All Therefore, no regulatory analysis is the Board. other Operators must maintain the records of required. There are no information (2) In the absence or incapacity of the mandatory inspections required by the collections associated with this rule. Chair, the authority of the Chair to act applicable regulations governing their shall pass to the available successor operations. List of Subjects in 20 CFR Part 375 highest on the following list: Note 3: The requirements of this AD have Civil defense, Railroad retirement, been met when the engine manual changes Labor Member of the Board Management Member of the Board are made and air carriers have modified their Railroad unemployment insurance. Director of Administration continuous airworthiness maintenance plans For the reasons set out in the Director of Programs to reflect the requirements in the Engine preamble, title 20, chapter II of the Code General Counsel Manuals. of Federal Regulations is proposed to be Chief Information Officer Issued in Burlington, Massachusetts, on amended as follows: Director of Supply and Service August 9, 1999. Regional Directors in order of length of Board David A. Downey, PART 375ÐPLAN OF OPERATION service Assistant Manager, Engine and Propeller DURING A NATIONAL EMERGENCY * * * * * Directorate, Aircraft Certification Service. 1. The authority citation for part 375 § 375.5 [Amended] [FR Doc. 99–21331 Filed 8–16–99; 8:45 am] is revised to read as follows: BILLING CODE 4910±13±U 5. Paragraph (b)(3) of § 375.5 is Authority: 45 U.S.C. 231f(b)(5), 362(l). amended by removing ‘‘Chairman’’ and 2. In § 375.1, paragraph (a) is revised by adding in its place ‘‘Chair’’, by RAILROAD RETIREMENT BOARD and a new paragraph (c) is added to read removing ‘‘bureau’’ and adding in its as follows: place ‘‘office’’ in three places, and by 20 CFR Part 375 adding ‘‘or her’’ after ‘‘his’’ in three § 375.1 Purpose. places. RIN 3220±AB36 (a) The Railroad Retirement Board has 6. Paragraphs (a), (b)(1), (b)(2) adopted a plan to provide basic introductory text and (c)(1) of § 375.6 Plan of Operation During a National organization and methods of operation are revised to read as follows: Emergency which may be needed to continue § 375.6 Personnel, fiscal, and service AGENCY: Railroad Retirement Board. uninterrupted service during a period of functions. ACTION: Proposed rule. national emergency as defined in § 375.2. (a) Personnel. In a national emergency as defined in § 375.2, when it is no SUMMARY: The Railroad Retirement * * * * * Board (Board) hereby proposes to longer possible for a regional director to (c) For purposes of Government-wide communicate with the Chair or his or amend its regulations to update its uniformity, the procedures of the Board emergency procedures in light of recent her successor as set forth in § 375.5, regarding payments during evacuation complete responsibility and authority internal reorganizations. This would to employees and their dependents shall allow the Board to more effectively for administration of the personnel conform to those contained in subpart D function are delegated to such regional continue service and handle payments of part 550 of the regulations of the to civilian employees and their director for his or her respective Office of Personnel Management geographic area. dependents in the event of a national pertaining to ‘‘Payments During emergency. (b) Fiscal. (1) In a national emergency, Evacuation’’ (5 CFR Part 550, Subpart as defined in § 375.2, the Chair of the DATES: Comments must be received on D). Board or his or her successor, as set or before October 18, 1999. § 375.2 [Amended] forth in § 375.5, shall designate an ADDRESSES: Comments may be individual to assume the submitted to the Secretary to the Board, 3. Section 375.2 is amended by removing ‘‘chairman’’ and adding in its responsibilities of the Chief Financial Railroad Retirement Board, 844 North Officer in the event that he or she is Rush Street, Chicago, Illinois 60611. place ‘‘Chair’’ and by adding ‘‘or her’’ after ‘‘his’’ in two places. unable to assume those responsibilities. FOR FURTHER INFORMATION CONTACT: (2) In a national emergency, 4. In § 375.5, revise paragraphs (a), (b) Thomas W. Sadler, Senior Attorney, incumbents of the following positions introductory text, (b)(1) and (b)(2) to Railroad Retirement Board, 844 North are hereby authorized to appoint read as follows: Rush Street, Chicago, Illinois 60611, emergency certifying officers: (312) 751–4513, TDD (312) 751–4701. § 375.5 Organization and functions of the Director of Administration SUPPLEMENTARY INFORMATION: Part 375 of Board, delegations of authority, and lines of Director of Programs the regulations of the Board provides for succession. Chief Financial Officer operations of the Board during (a) During a national emergency, as Regional Directors emergencies. This rulemaking would defined in § 375.2, the respective * * * * * amend part 375 to refer to procedures of functions and responsibilities of the (c) Supply and service. (1) In a the Office of Personnel Management Board shall be, to the extent possible, as national emergency, as defined in

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§ 375.2, complete responsibility and DEPARTMENT OF HEALTH AND for the drying of water-clogged ears. At authority for the procurement of needed HUMAN SERVICES that time, no topical otic drug products supplies, equipment, space, for these conditions were proposed as communications, transportation, and Food and Drug Administration generally recognized as safe and repair services, are delegated to each effective and not misbranded. The 21 CFR Parts 310 and 344 regional director for his or her agency, however, did propose Category geographic area. [Docket No. 77N±334S] I (monograph) labeling for such products in case data were submitted * * * * * RIN 091O±AA01 that resulted in upgrading any § 375.7 [Amended] Topical Otic Drug Products for Over- ingredient(s) to monograph status in the the-Counter Human Use; Products for final rule. 7. Section 375.7 is amended as In the Federal Register of August 8, Drying Water-Clogged Ears; Proposed follows: 1986 (51 FR 28656), the agency issued Amendment of Monograph a. In paragraph (a)(2), by removing a final rule establishing part 344 (21 ‘‘Director of Retirement Claims’’ and AGENCY: Food and Drug Administration, CFR part 344) for topical otic drug adding in its place ‘‘Director of HHS. products for OTC human use. The Programs’’. ACTION: Proposed rule. monograph included one active ingredient for use as an earwax removal b. In paragraph (b)(1)(ii), by removing SUMMARY: The Food and Drug aid. ‘‘such as claim file folders or magnetic Administration (FDA) is issuing a notice In the Federal Register of November tape master records’’. of proposed rulemaking that would 7, 1990 (55 FR 46914), the agency c. In paragraph (b)(1)(vi), by removing amend the final monograph for over-the- published a final rule establishing that ‘‘and in the regions’’ and ‘‘or if those counter (OTC) topical otic drug certain active ingredients that had been offices become inoperative’’. products (the regulation that establishes under consideration in a number of OTC conditions under which these drug drug rulemaking proceedings were not d. In paragraph (b)(2), by removing products are generally recognized as generally recognized as safe and ‘‘Director of Unemployment and safe and effective and not misbranded). effective (hereinafter referred to as the Sickness Insurance’’ and adding in its The amendment would add conditions 1990 final rule). The 1990 final rule was place ‘‘Director of Programs’’. for marketing topical otic drug products effective on May 7, 1991, and included e. Paragraph (c) is removed. for drying water-clogged ears. in § 310.545(a)(15) (21 CFR 310.545(a)(15)) the active ingredient 8. Section 375.8 is revised to read as Concurrently, the agency is proposing to acetic acid, which had been under follows: remove water-clogged ears from one part of the regulation that lists conditions consideration as part of this rulemaking § 375.8 Regulations for employers. that are not generally recognized as safe for OTC topical otic drug products for and effective and that are misbranded. the prevention of swimmer’s ear and for (a) In a national emergency, as This proposal contains labeling in the the drying of water-clogged ears. After described in § 375.2, employers shall new OTC drug format and is part of the the 1990 final rule published, only two continue to follow, to the greatest extent ongoing review of OTC drug products ingredients remained to be evaluated in possible, the requirements pertaining to conducted by FDA. this rulemaking: Isopropyl alcohol and employers in subchapters A, B, and C of anhydrous glycerin. DATES: Submit written comments on the In the Federal Register of February this chapter. proposed regulation by November 15, 15, 1995 (60 FR 8916), the agency issued (b) Where a national emergency, as 1999. Please see section VIII for the a final rule establishing that OTC topical described in § 375.2, prevents an effective date of any final rule that may otic drug products for prevention of employer from following any publish based on this proposal. swimmer’s ear or for drying water- requirement imposed by paragraph (a) ADDRESSES: Submit written comments clogged ears were not generally of this section, the employer shall to the Dockets Management Branch recognized as safe and effective for OTC comply with such requirement as soon (HFA–305), Food and Drug use and were new drugs under section as possible after the cessation of the Administration, 5630 Fishers Lane, rm. 201(p) of the Federal Food, Drug, and national emergency. 1061, Rockville, MD 20852. Cosmetic Act (the act) (21 U.S.C. (c) In a national emergency, as FOR FURTHER INFORMATION CONTACT: 321(p)). The agency listed the defined in § 375.2, all communications Elizabeth A. Ryland, Center for Drug ingredients considered in the by employers shall be directed as set Evaluation and Research (HFD–560), rulemaking (i.e., glycerin, anhydrous forth in § 375.4. Food and Drug Administration, 5600 glycerin, and isopropyl alcohol) in Fishers Lane, Rockville, MD 20857, § 310.545(a)(15)(ii), with an effective Dated: August 5, 1999. 301–827–2222. date of August 15, 1995, after which By Authority of the Board. SUPPLEMENTARY INFORMATION: products containing these ingredients Beatrice Ezerski, for these uses could no longer be I. Background Secretary to the Board. initially introduced or initially [FR Doc. 99–20912 Filed 8–16–99; 8:45 am] In the Federal Register of July 9, 1982 delivered for introduction into interstate (47 FR 30012), the agency published a commerce. Acetic acid, which had been BILLING CODE 7905±01±P tentative final monograph for OTC listed solely in § 310.545, was now topical otic drug products used as listed in § 310.545(a)(15)(i), with the earwax removal aids. Subsequently, in same effective date of May 7, 1991. This the Federal Register of July 30, 1986 (51 final rule did not affect the conclusion FR 27366), the agency proposed to reached in the 1990 final rule that acetic amend this tentative final monograph to acid was not generally recognized as consider OTC topical otic drug products safe and effective for the prevention of for the prevention of swimmer’s ear and swimmer’s ear. The phrase ‘‘approved

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The is ‘‘ear drying aid.’’ percent isopropyl alcohol in a 5 percent intensity of this sensation (as The agency is proposing the same anhydrous glycerin base for drying determined by each subject) was up to warnings previously proposed in water-clogged ears. The agency has 40 on a visual analog score (VAS) 50- § 344.52(c)(1), (c)(2), (c)(3), and (c)(5) of determined that the data support the use point scale. No irritation (excessive the July 30, 1986, tentative final of this product for drying water-clogged burning) was documented after a single monograph (51 FR 27366 at 27373) but ears (Ref. 2). Accordingly, in the Federal use. Overall, the results showed that is proposing them in the new OTC drug Register of August 16, 1995 (60 FR subjects who received isopropyl alcohol labeling format (see 64 FR 13254, March 42435), the agency issued a partial stay with glycerin had better numerical 17, 1999). The agency is changing the of the August 15, 1995, effective date for scores than those on isopropyl alcohol warning previously proposed in § 310.545(a)(15)(ii) for products alone relative to both effectiveness and § 344.52(c)(4), which stated: containing 95 percent isopropyl alcohol tolerability. Subjects on isopropyl ‘‘Discontinue use and consult a doctor in a 5 percent anhydrous glycerin base alcohol with glycerin had lower burning if undue irritation or sensitivity occurs.’’ used for the drying of water-clogged scores than those on isopropyl alcohol The agency is expanding the term ears. This partial stay applied only to alone, even though the power of this ‘‘irritation’’ to include ‘‘too much products with these ingredients for study was insufficient to show a burning’’ and is deleting the term drying water-clogged ears. The new data statistically significant difference. Thus, ‘‘sensitivity’’ because the alcohol and the stay did not involve other the agency has determined that it would treatment products in the clinical study ingredients, such as acetic acid, and did be preferable for consumers to use a (Ref. 1) produced some burning not pertain to the prevention of product containing 95 percent isopropyl (intensity was moderate to severe during swimmer’s ear. The August 15, 1995, alcohol in 5 percent anhydrous glycerin a single use (up to 40 on a 50-point effective date for § 310.545(a)(15)(ii) instead of a product containing 100 scale)). The agency is concerned about remains in effect for the listed percent isopropyl alcohol. The agency’s repeated use and long-term use. ingredients when used in topical otic detailed comments and evaluations of Accordingly, the agency is revising the drug products for the prevention of the data (Ref. 2) are on file in the language in the proposed warning in swimmer’s ear. Dockets Management Branch (address § 344.52(c)(4) to now read: ‘‘Stop use above). and ask a doctor if [in bold type] II. The Agency’s Proposal Based on these new data, the agency irritation (too much burning) or pain A. Evaluation of the Data is proposing to amend part 344 to occurs’’. One manufacturer expressed include ‘‘ear drying aid’’ drug products. disagreement (Ref. 3) with the inclusion The new data (Ref. 1) included the The monograph active ingredient for of the phrase ‘‘too much [or excessive] results of a double-blinded, three-arm, these products is 95 percent isopropyl burning,’’ and the agency requested the parallel study to evaluate the alcohol in 5 percent anhydrous glycerin manufacturer to provide additional data effectiveness and tolerability of base. on this subject (Ref. 2). However, no isopropyl alcohol in drying water- data were ever provided. Based on the B. Labeling clogged ears in 90 adult volunteers. clinical study (Ref. 1), the agency is Subjects were recruited if they were In the July 30, 1986, proposal (51 FR proposing the following directions: otherwise healthy but had a history of 27366 at 27373), the agency proposed ‘‘apply 4 to 5 drops in each affected water-clogged ears. A screening test was Category I labeling in the event that data ear’’. performed by instilling five drops of were submitted that resulted in Existing part 344 currently includes water into the ear designated for testing upgrading any ingredient(s) to only topical otic drug products used as and then examining the ear using an monograph status in the final rule. The earwax removal aids. The current operating microscope. Subjects who had agency stated that although the term headings for §§ 344.10 and 344.50 refer only mild residual fluid, or none, were ‘‘water-clogged ears’’ is not a recognized to a topical otic active ingredient and disqualified from the study. Subjects clinical entity, it is a term consumers labeling of topical otic drug products, with moderate fluid retention (defined use to refer to the temporary retention respectively. Accordingly, §§ 344.10 and as having an amount of liquid that of water in the ears after swimming, 344.50 will become ‘‘Earwax removal placed the meniscus up to one-half of showering, washing the hair, bathing, aid active ingredient’’ and ‘‘Labeling of the visible height of the eardrum to the etc. (51 FR 27366 at 27370). The agency earwax removal aid drug products,’’ umbo) or greater were then randomized also stated that claims such as ‘‘helps respectively. The agency is proposing into one of the three treatment arms: relieve the discomfort of water-clogged new §§ 344.12 and 344.52 as ‘‘Ear Isopropyl alcohol 95 percent in ears by drying excess water,’’ and drying aid active ingredient,’’ and anhydrous-glycerin 5 percent, isopropyl ‘‘helps dry water in the ear,’’ would be ‘‘Labeling of ear drying drug products,’’ alcohol 100 percent, and no treatment. acceptable because these claims relate to respectively. The agency is proposing to While subjects in the no-treatment the relief of the symptoms as described delete § 344.50(e), which refers to control arm received no drug, the study in the previous sentence. At this time, substitution of the word ‘‘physician’’ for nurse conveyed a sense of treatment by the agency is proposing language that is the word ‘‘doctor’’ because this is now adding five drops of air from an empty consistent with the earlier version but is covered in § 330.1(i)(23) (21 CFR dropper to the subjects’ ears. more concise, that is, ‘‘Dries water in 330.1(i)(23)). Likewise, the agency is not The results of the study showed that the ear,’’ or that incorporates some of proposing previously proposed isopropyl alcohol (with and without the common causes of water-clogged § 344.52(e) (concerning substitution of glycerin) is effective in drying excess ears, that is, ‘‘Dries and relieves water- ‘‘physician’’ for ‘‘doctor’’) (51 FR 27366 water in the subjects’ ear canal clogged ears after swimming, showering, at 27373) because it is also covered by compared to no treatment, even though bathing, or washing the hair.’’ The § 330.1(i)(23).

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III. Summary of Agency Changes The agency has been informed that VI. Environmental Impact 1. Section 344.52(b), under the relabeling costs of the type required by The agency has determined under 21 heading ‘‘Use,’’ follows the new OTC this proposal generally average about CFR 25.31(c) that this action is of a type drug labeling format in § 201.66(d)(4) $2,000 to $3,000 per SKU. Assuming that does not individually or (21 CFR 201.66(d)(4)) and provides there could be as many as five affected cumulatively have a significant effect on several options to customize the uses. OTC SKU’s in the marketplace, total the human environment. Therefore, 2. Section 344.52(c), under the one-time costs of relabeling would be neither an environmental assessment heading ‘‘Warnings,’’ follows the new $10,000 to $15,000. The agency believes nor an environmental impact statement OTC drug labeling format in that actual costs would be lower for is required. § 201.66(c)(5) (21 CFR 201.66(c)(5)) and several reasons. states all of the warnings after the new First, the agency has proposed the VII. Request for Comments appropriate subheadings. revised labeling in the new OTC drug Interested persons may, on or before 3. The agency has revised the format labeling format (64 FR 13254). November 15, 1999, submit written of the headings for § 310.545(a)(15), Therefore, manufacturers will not incur comments to the Dockets Management (a)(15)(i), and (a)(15)(ii). expenses determining how to state the Branch (address above). Written new information in product labeling. IV. Analysis of Impacts comments on the agency’s economic Manufacturers, however, will incur impact determination may be submitted FDA has examined the impacts of the some expense to redesign product on or before November 15, 1999. Three proposed rule under Executive Order labeling. Manufacturers will be able to copies of all comments are to be 12866 and the Regulatory Flexibility Act incorporate the revised labeling changes submitted, except that individuals may (5 U.S.C. 601–612). Executive Order with the new general OTC drug labeling submit one copy. Comments are to be 12866 directs agencies to assess all costs final rule, implementing all labeling identified with the docket number and benefits of available regulatory changes at one time. Thus, the found in brackets in the heading of this alternatives and, when regulation is relabeling costs resulting from two document and may be accompanied by necessary, to select regulatory different but related final rules will be a supporting memorandum or brief. approaches that maximize net benefits individually reduced by implementing Received comments may be seen in the (including potential economic, both required changes at the same time. office above between 9 a.m. and 4 p.m., The agency certifies that this environmental, public health and safety, Monday through Friday. and other advantages; distributive proposed rule will not have a significant impacts; and equity). Under the economic impact on a substantial VIII. Proposed Effective Date Regulatory Flexibility Act, if a rule has number of small entities. The one FDA is proposing that any final rule a significant economic impact on a identified manufacturer/marketer is a based on this proposal become effective substantial number of small entities, an small entity using the U.S. Small 12 months after its date of publication agency must analyze regulatory options Business Administration designations in the Federal Regiser. that would minimize any significant for this industry (750 employees). The impact of the rule on small entities. agency believes that any other IX. References Title II of the Unfunded Mandates unidentified manufacturer of these The following references are on Reform Act (2 U.S.C. 1501 et seq.) products is probably also a small entity. display in the Dockets Management requires that agencies prepare a written Based on the limited number of SKU’s Branch (address above) and may be seen statement and economic analysis before (usually only one) each manufacturer by interested persons between 9 a.m. proposing any rule that may result in an has to relabel, the cost for each and 4 p.m., Monday through Friday. expenditure in any one year by State, manufacturer should be minimal. 1. Comment No. CP1, Docket No. 77N– local, and tribal governments, in the This analysis shows that this 334S, Dockets Management Branch. aggregate, or by the private sector, of proposed rule is not economically 2. Letter from W. E. Gilbertson, FDA, to N. $100 million (adjusted annually for significant under Executive Order Buc, Buc Levitt & Beardsley, attorneys for Del inflation). 12866. Finally, this analysis shows that Pharmaceuticals, Inc., coded LET13, Docket The agency believes that this the Unfunded Mandates Reform Act No. 77N–334S, Dockets Management Branch. proposed rule is consistent with the does not apply to the proposed rule 3. Comment No. C7, Docket No. 77N–334S, Dockets Management Branch. principles set out in the Executive Order because it would not result in an and in these two statutes. The purpose expenditure in any one year by State, List of Subjects of this proposed rule is to establish local, and tribal governments, in the 21 CFR Part 310 conditions for drug products used to dry aggregate, or by the private sector, of water-clogged ears containing alcohol $100 million. Administrative practice and and glycerin. This proposed rule procedure, Drugs, Labeling, Medical V. Paperwork Reduction Act of 1995 amends the final monograph for OTC devices, Reporting and recordkeeping topical otic drug products containing FDA tentatively concludes that the requirements. labeling requirements proposed in this alcohol and glycerin for the drying of 21 CFR Part 344 water-clogged ears and will require document are not subject to review by some product relabeling. The agency’s the Office of Management and Budget Labeling, Over-the-counter drugs. Drug Listing System identifies only one because they do not constitute a Therefore, under the Federal Food, manufacturer/marketer of one ‘‘collection of information’’ under the Drug, and Cosmetic Act and under stockkeeping unit (SKU) (individual Paperwork Reduction Act of 1995 (44 authority delegated to the Commissioner product, package, and size) of OTC U.S.C. 3501 et seq.). Rather, the of Food and Drugs, it is proposed that topical otic drug products with these proposed labeling requirements are a 21 CFR parts 310 and 344 be amended ingredients for drying water-clogged ‘‘public disclosure of information as follows: ears. There may be other manufacturers/ originally supplied by the Federal PART 310ÐNEW DRUGS marketers not identified in sources FDA Government to the recipient for the reviewed, but the agency believes there purpose of disclosure to the public’’ (5 1. The authority citation for 21 CFR are a limited number. CFR 1320.3(c)(2)). part 310 continues to read as follows:

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Authority: 21 U.S.C. 321, 331, 351, 352, § 344.52 Labeling of ear drying aid drug DEPARTMENT OF THE INTERIOR 353, 355, 360b–360f, 360j, 361(a), 371, 374, products. 375, 379e; 42 U.S.C. 216, 241, 242(a), 262, Office of Surface Mining Reclamation (a) Statement of identity. The labeling 263b–263n. and Enforcement of the product contains the established 2. Section 310.545 is amended by name of the drug, if any, and identifies 30 CFR Part 913 revising the headings of paragraphs the product as an ‘‘ear drying aid.’’ (a)(15), (a)(15)(i), and (a)(15)(ii) to read [SPATS No. IL±097±FOR] as follows: (b) Indications. The labeling of the product states, under the heading Illinois Regulatory Program § 310.545 Drug products containing ‘‘Use,’’ the following: ‘‘dries water in the certain active ingredients offered over-the- ears’’ (optional, which may be followed AGENCY: Office of Surface Mining counter (OTC) for certain uses. by: ‘‘and relieves water-clogged ears’’) Reclamation and Enforcement, Interior. (a) * * * (which may be followed by any or all of ACTION: Proposed rule; withdrawal of a (15) Topical otic drug products—(i) the following: ‘‘after: [bullet]1 previously proposed amendment and For the prevention of swimmer’s ear and swimming [bullet] showering [bullet] public comment period and opportunity for the drying of water-clogged ears, bathing [bullet] washing the hair’’). for public hearing for a new proposed approved as of May 7, 1991. Other truthful and nonmisleading amendment. (ii) For the prevention of swimmer’s statements, describing only the ear, approved as of August 15, 1995. indications for use that have been SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) is * * * * * established and listed in paragraph (b) of this section, may also be used, as announcing the withdrawal of a PART 344ÐTOPICAL OTIC DRUG provided in § 330.1(c)(2) of this chapter, previously proposed amendment and PRODUCTS FOR OVER±THE± subject to the provisions of section 502 the receipt of a new amendment to the COUNTER HUMAN USE of the Federal Food, Drug, and Cosmetic Illinois regulatory program (Illinois program) under the Surface Mining Act (the act) relating to misbranding and Control and Reclamation Act of 1977 3. The authority citation for 21 CFR the prohibition in section 301(d) of the part 344 continues to read as follows: (SMCRA). Illinois is replacing its act against the introduction or delivery previously proposed amendment dated Authority: 21 U.S.C. 321, 351, 352, 353, for introduction into interstate 355, 360, 371. November 24, 1998, with a new commerce of unapproved new drugs in amendment dated August 2, 1999. Both 4. Section 344.3 is amended by violation of section 505(a) of the act. amendments include changes to Illinois’ adding paragraphs (c) and (d) to read as (c) Warnings. The labeling of the regulations to reflect changes required follows: product contains the following warnings by the Energy Policy Act of 1992 regarding repair or compensation for § 344.3 Definitions. under the heading ‘‘Warnings’’: material damage caused by subsidence * * * * * (1) ‘‘Flammable [in bold type]: Keep away from fire or flame.’’ from underground coal mining (c) Water-clogged ears. The retention operations and replacement of drinking, of water in the external ear canal, (2) ‘‘Do not use [in bold type] in the domestic, and residential water supplies thereby causing discomfort and a eyes.’’ that have been adversely impacted by sensation of fullness or hearing (3) ‘‘Ask a doctor before use if you underground coal mining operations. impairment. have [in bold type] [bullet] ear drainage The new amendment also includes (d) Ear drying aid. A drug used in the or discharge [bullet] pain, irritation, or revisions to and additions of regulations external ear canal to help dry water- rash in the ear [bullet] had ear surgery concerning performance bond clogged ears. [bullet] dizziness.’’ adjustment; siltation structures; 5. Section 344.10 is amended by impoundments; hydrologic balance; (4) ‘‘Stop use and ask a doctor if [in disposal of noncoal mine wastes; revising the section heading to read as bold type] irritation (too much burning) follows: revegetation; backfilling and grading; or pain occurs.’’ prime farmland; and State inspections. § 344.10 Earwax removal aid active (d) Directions. The labeling of the Illinois intends to revise its program to ingredient. product contains the following be consistent with the corresponding * * * * * statement under the heading Federal regulations, to provide 6. Section 344.12 is added to subpart ‘‘Directions’’: [optional, bullet] ‘‘apply 4 additional safeguards, to clarify B to read as follows: to 5 drops in each affected ear.’’ ambiguities, and to improve operational efficiency. § 344.12 Ear drying aid active ingredient. Dated: August 9, 1999. This document gives the times and The active ingredient of the product Margaret M. Dotzel, locations that the Illinois program and consists of isopropyl alcohol 95 percent Acting Associate Commissioner for Policy. the new amendment to that program are in an anhydrous glycerin 5 percent base. [FR Doc. 99–21252 Filed 8–16–99; 8:45 am] available for your inspection, the 7. Section 344.50 is amended by BILLING CODE 4160±01±F comment period during which you may revising the section heading and by submit written comments on the removing paragraph (e) to read as amendment, and the procedures that we follows: will follow for the public hearing, if one is requested. § 344.50 Labeling of earwax removal drug DATES: Written comments must be products. received by 4:00 p.m., e.s.t., September * * * * * 16, 1999. If requested, we will hold a 8. Section 344.52 is added to subpart public hearing on the amendment on C to read as follows: 1 See § 201.66(b)(4) of this chapter. September 13, 1999. We will accept

VerDate 18-JUN-99 09:52 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\A17AU2.003 pfrm01 PsN: 17AUP1 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Proposed Rules 44675 requests to speak at the hearing until adequacy. The public comment period been adversely impacted by 4:00 p.m., e.s.t. on September 1, 1999. ended January 11, 1999. During our underground coal mining operations ADDRESSES: You should mail or hand review of the amendment, we identified conducted after that date. By letter deliver written comments and requests issues concerning Illinois’ policy for dated May 20, 1996, under 30 CFR to speak at the hearing to Andrew R. implementing the proposed regulations. 732.17(c), we notified Illinois to amend Gilmore, Director, Indianapolis Field Illinois’ implementation policy its program to be no less effective than Office, at the address listed below. appeared to contain requirements and the changes which resulted from the You may review copies of the Illinois exemptions that were not specified in enactment of section 720 of SMCRA and program, the amendment, a listing of the regulation language. We met with the promulgation of implementing any scheduled public hearings, and all Illinois on February 22, 1999, to discuss Federal regulations on March 31, 1995 written comments received in response our findings. On April 1, 1999, we (Administrative Record No. IL–1900). In to this document at the addresses listed notified Illinois of additional concerns response to this notification, Illinois below during normal business hours, (Administrative Record No. IL–5042). proposed the following changes to its Monday through Friday, excluding On August 2, 1999, Illinois sent us a regulations: new amendment that responds to our holidays. You may receive one free copy 1. 62 IAC 1701. Appendix A— of the amendment by contacting OSM’s concerns and reflects the April 27, 1999, decision by the U.S. Court of Appeals Definition of Drinking, Domestic or Indianapolis Field Office. Residential Water Supply Andrew R. Gilmore, Director, for the District of Columbia Circuit Illinois proposes to add the following Indianapolis Field Office, Office of regarding the March 31, 1995, Federal definition for ‘‘drinking, domestic or Surface Mining, Minton-Capehart regulations relating to subsidence (National Mining Ass’n v. Babbitt, 98– residential water supply’’: Federal Building, 575 North 5320, D.C. Cir. 1999). The new Pennsylvania Street, Room 301, ‘‘Drinking, domestic or residential water amendment replaces Illinois’ Indianapolis, IN 46204, Telephone: supply’’ means water received from a well or amendment dated November 24, 1998. (317) 226–6700. spring and any appurtenant delivery system that provides water for direct human Illinois Department of Natural Therefore, we are withdrawing the proposed amendment announced in the consumption or household use. Wells and Resources, Office of Mines and December 10, 1998, Federal Register. springs that serve only agricultural, Minerals, Land Reclamation Division, commercial or industrial enterprises are not 300 W. Jefferson Street, Suite 300, III. Description of the Proposed included except to the extent the water Springfield, IL 62701, Telephone Amendment supply is for direct human consumption or human sanitation, or domestic use. (217) 782–4970. By letter dated August 2, 1999 FOR FURTHER INFORMATION CONTACT: (Administrative Record No. IL–5044), 2. 62 IAC 1701. Appendix A— Andrew R. Gilmore, Director, the Illinois Department of Natural Definition of Material Damage Indianapolis Field Office. Telephone: Resources (Department) sent us a new Illinois proposes the following (317) 226–6700. Internet: amendment to the Illinois program definition for ‘‘material damage’’: [email protected]. under SMCRA. The Department sent the ‘‘Material damage,’’ in the context of 62 Ill. SUPPLEMENTARY INFORMATION: amendment in response to our letters Adm. Code 1784.20 and 62 Ill. Adm. Code dated May 20, 1996, June 17, 1997, and I. Background on the Illinois Program 1817.121 means: January 15, 1999 (Administrative Any functional impairment of surface On June 1, 1982, the Secretary of the Record Nos. IL–1900, IL–2000, and IL– lands, features, structures or facilities; Interior conditionally approved the 5036, respectively), that we sent to Any physical change that has a significant Illinois program. You can find Illinois under 30 CFR 732.17(c). The adverse impact on the affected land’s background information on the Illinois amendment also includes changes made capability to support any current or program, including the Secretary’s at the Department’s own initiative. The reasonably foreseeable uses or causes findings, the disposition of comments, Department proposes to amend Title 62 significant loss in production or income; or and the conditions of approval in the of the Illinois Administrative Code Any significant change in the condition, appearance or utility of any structure or June 1, 1982, Federal Register (47 FR (IAC). Below is a summary of the facility from its pre-subsidence condition. 23883). You can find later actions changes proposed by the Department. concerning the Illinois program at 30 The full text of the amendment is 3. 62 IAC 1701. Appendix A— CFR 913.15, 913.16, and 913.17. available for your inspection at the Definition of Replacement of Water locations listed above under ADDRESSES. Supply II. Withdrawal of Proposed Amendment A. Subsidence Repair or Compensation Illinois proposes to define and Water Replacement ‘‘replacement of water supply’’ as By letter dated November 24, 1998 follows: (Administrative Record No. IL–5028), On March 31, 1995, OSM Illinois sent us an amendment to its promulgated rules to implement new ‘‘Replacement of water supply’’ means, program under SMCRA. Illinois section 720 of SMCRA. Section 720, with respect to protected water supplies contaminated, diminished, or interrupted by proposed to amend its regulations which took effect on October 24, 1992, coal mining operations, provision of water concerning repair or compensation for as part of the Energy Policy Act of 1992, supply on both a temporary and permanent material damage caused by subsidence Public Law 102–486, 206 Stat. 2776, basis equivalent to premining quantity and from underground coal mining requires all underground coal mining quality. Replacement includes provision of operations and replacement of drinking, operations conducted after October 24, an equivalent water delivery system and domestic, and residential water supplies 1992, to promptly repair or compensate payment of operation and maintenance costs that have been adversely impacted by for material damage caused by in excess of customary and reasonable underground coal mining operations. subsidence to noncommercial buildings delivery costs for premining water supplies. Upon agreement by the permittee and the We announced receipt of the proposed and occupied residential dwellings and water supply owner, the obligation to pay amendment in the December 10, 1998, related structures. It also requires the such operation and maintenance costs may Federal Register (63 FR 68218) and replacement of drinking, domestic, and be satisfied by a one-time payment in an invited public comment on its residential water supplies that have amount which covers the present worth of

VerDate 18-JUN-99 09:52 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\A17AU2.022 pfrm01 PsN: 17AUP1 44676 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Proposed Rules the increased annual operation and Whether the underground mining activities e. Existing subsection (a) was maintenance costs for a period agreed to by conducted after January 19, 1996 may result recodified as subsection (b)(1) and the the operator and the water supply owner. in contamination, diminution or interruption reference to ‘‘other extraction methods’’ If the affected water supply was not needed of a well or spring in existence at the time was removed. for the land use in existence at the time of the permit application is submitted and used f. Existing subsection (b) was loss, contamination or diminution, and if the for domestic, drinking, or residential supply is not needed to achieve the purposes within the permit, shadow or recodified as subsection (b)(2) and postmining land use, replacement adjacent areas. revised to require the map of requirements may be satisfied by underground workings to identify all demonstrating that a suitable alternative 5. 62 IAC 1784.20 Subsidence Control areas where measures described in water source is available and could feasibly Plan—Underground Mining Permit subsections (b)(4), (b)(5) and (b)(7) will be developed. If the latter approach is Applications be taken to prevent or minimize selected, written concurrence must be a. Illinois removed the introductory subsidence and subsidence-related obtained from the water supply owner. paragraph of 62 IAC 1784.20 and added damage and, when applicable, to correct 4. 62 IAC 1784.14 Hydrologic its substantive provisions to subsections subsidence-related material damage. Information—Underground Mining (a) and (b). g. Existing subsection (c) was recodified as subsection (b)(3) and Permit Applications b. Subsection (a) is entitled ‘‘Pre- revised to require the pre-subsidence subsidence survey.’’ Subsection (a)(1) a. Illinois revised subsection (b)(1) by survey to include a description of the requires the permit application to adding the word ‘‘shadow.’’ This physical conditions, such as depth of include a map of the permit, shadow subsection now requires the permit cover, seam thickness and lithology of and adjacent areas at a scale of 1:12,000 application to contain the location and overlying and underlying strata. It also or larger if determined necessary. The ownership for the permit, shadow and requires a description of geotechnical map must show the location and type of adjacent area of existing wells, springs, stability parameters that affect the structures and renewable resource lands and other ground water resources, likelihood or extent of subsidence and that subsidence may materially damage seasonal quality and quantity of ground subsidence related damage or potential or for which the value or reasonably water and water usage. underground mining impacts on ground foreseeable use may be diminished by b. Illinois revised subsection water supplies. subsidence. It must also show the h. Existing subsection (d)(5) was (b)(1)(A)(i) by adding the phrase ‘‘for the location, depth and type of drinking, permit area and its adjacent area.’’ For recodified as subsection (b)(4) and domestic and residential water supplies revised to require a description of the the permit area and its adjacent area, the that could be contaminated, diminished revised subsection requires that ground monitoring, if any, needed to determine or interrupted by subsidence. the commencement and degree of water quality descriptions include pH, c. Subsection (a)(2) requires the total dissolved solids, hardness, subsidence so that, when appropriate, permit application to include a narrative other measures can be taken to prevent, alkalinity, acidity, sulfates, total iron, indicating whether subsidence, if it total manganese, and chlorides. reduce or correct material damage in occurred, could cause material damage accordance with 62 Ill. Adm. Code c. Illinois added new subsection to or diminish the value or reasonably 1817.121(c). (b)(1)(A)(ii) to require that ground water foreseeable use of such structures or i. Existing subsection (d) was quality descriptions include, at a renewable resource lands or could recodified as subsection (b)(5). It minimum: contaminate, diminish, or interrupt requires a detailed description of the for the shadow area and its adjacent area, pH, drinking, domestic, or residential water subsidence control measures for those total dissolved solids, total iron and total supplies. areas where planned subsidence is not manganese. The Department shall allow the d. Subsection (b) contains the projected to be used. Existing measurement of specific conductance in lieu requirements for a subsidence control subsections (d) (1) through (3) were of total dissolved solids if the permittee plan. If the Department agrees, the recodified as subsections (b)(5) (A) develops site-specific relationships precisely applicant does not have to provide correlating specific conductance to total through (C) without change. Existing dissolved solids for specific sites for all zones further information if the survey shows subsection (d)(4) was recodified as being monitored. that: (1) No structures or protected water subsection (b)(5)(D) and revised to supplies or renewable resource lands require the description of the d. Illinois revised subsection (b)(1)(B) exist; or (2) no material damage or subsidence control measures to include by adding the phrase ‘‘for the permit, diminution in value or reasonably those measures to be taken on the shadow and adjacent areas.’’ The foreseeable use of such structures or surface to prevent or minimize material revised subsection requires ground lands exist and no contamination, damage or diminution in value of the water quantity descriptions for the diminution, or interruption of such surface. New subsection (b)(5)(E) permit, shadow and adjacent areas to water supplies would occur as a result requires a description of the include, at a minimum, rates of of mine subsidence. The application geotechnical and engineering analysis of discharge or usage and elevation of the must include a subsidence control plan the mining geology and geometry, potentiometric surface in the coal to be if the survey shows that structures, percent extraction, and historic mined. It also requires this information renewable resource lands or water performance to substantiate a stable for each water bearing stratum above the supplies exist and that: (1) Subsidence subsidence control plan. coal to be mined and in each water could cause material damage or j. Existing subsection (e) was bearing stratum which may be diminution in value or reasonably recodified as subsection (b)(6) without potentially impacted below the coal to foreseeable use of structures; or (2) change. be mined. contamination, diminution, or k. Existing subsection (f) was e. Illinois added the following new interruption of protected water supplies; removed. provision at subsection (e)(3)(D) to or (3) if the Department determines that l. New subsection (b)(7) was added for require that the determination of the damage, diminution in value or those areas where unplanned probable hydrologic consequences foreseeable use or contamination, subsidence is projected to be used. It include the following finding: diminution, or interruption could occur. requires the subsidence control plan to

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A lesser time may be request an exemption from conducting amount, such as third party arbitration. approved by the Department if justified surveys of protected water supplies if o. Existing subsection (g) was by the permittee in writing. The the applicant can demonstrate that recodified as subsection (b)(10) with permittee must provide a copy of the material damage resulting from only editorial changes. condition survey to the property owner underground mining is not likely to and maintain a copy that must be occur. The demonstration must be based 6. 62 IAC 1817.41 Hydrologic Balance provided to the Department upon on site specific geotechnical Protection request. The permittee must provide the information, stability design, and Illinois proposes to add the following Department with verification that the historical performance provided in new provision at 62 IAC 1817.41(j): survey has been completed and subsections (b)(3) and (b)(5). forwarded to the property owner. m. For those areas where planned Drinking, domestic or residential water d. Subsection (a)(2)(B) requires the subsidence is projected to be used, new supply. The permittee must promptly replace permittee to complete the survey of subsection (b)(8)(A) requires the any drinking, domestic or residential water drinking, domestic and residential water supply that is contaminated, diminished or subsidence control plan to include a interrupted by underground mining activities supplies 120 days prior to the water description of the methods to be used to conducted after January 19, 1996, if the delivery system being undermined. A minimize damage from planned affected well or spring was in existence lesser time may be approved by the subsidence to structures and facilities; before the date the Department received the Department if justified by the permittee or the written consent of the owner of permit application for the activities causing in writing. The permittee must provide the structure or facility that the loss, contamination or interruption. The a copy of the water survey to the minimization measures not be taken; or, baseline hydrologic information required in property owner and to the Department. unless the anticipated damage would 62 Ill. Adm. Code 1780.21 and 1784.14 and e. At new subsection (a)(3), if a constitute a threat to health or safety, a the geologic information concerning baseline permittee employs mining technology demonstration that the costs of hydrologic conditions required in 62 Ill. that provides for planned subsidence in Adm. Code 1780.22 and 1784.22 will be used minimizing damage exceed the to determine the impact of mining activities a predictable and controlled manner, anticipated costs of repair. New upon the water supply. the permittee must take necessary and subsection (b)(8)(B) requires a prudent measures, consistent with the description of procedures to determine 7. 62 IAC 1817.121 Subsidence mining method employed, to minimize the condition of structures and facilities Control material damage to the extent and the quantity and quality of Illinois changed the word ‘‘operator’’ technologically and economically drinking, domestic and residential water to ‘‘permittee’’ throughout this section feasible to structures and facilities. supplies, if impacts could reasonably be and proposed the following changes: Measures to minimize material damage expected to cause material damage. If are not required: (1) If the permittee has a. At section 1817.121(a), Illinois the applicant can demonstrate that the written consent of the owners of the added the heading ‘‘Measures to prevent material damage resulting from structures and facilities; or (2) unless or minimize damage’’; numbered the underground mining is not likely to the anticipated damage would existing language in the first sentence as occur, the applicant may request an constitute a threat to health or safety, subsection (a)(1); and removed the last exemption from conducting structure the costs of such measures exceed the sentence. condition surveys and/or surveys of anticipated costs of repair. drinking, domestic and residential water b. New subsection (a)(2) requires that f. Subsection (a)(4) provides that supplies required by 62 Ill. Adm. Code based on the requirements of 62 Ill. nothing in this Part prohibits the 1817.121(a)(2). The demonstration must Adm. Code 1784.20(b)(7) and (b)(8), the standard method of room-and-pillar be based on site specific geotechnical permittee must perform a survey of the mining. information, stability design and condition of all structures and facilities g. The substantive language of historical performance provided under that may be materially damaged or for subsection (b) was not changed. subsections (b)(3) and (b)(6). which the reasonably foreseeable use h. At subsection (c), Illinois added the n. New subsection (b)(9) requires a may be diminished by subsidence. The heading ‘‘Repair of damage.’’ description of the measures to be taken permittee must also perform a survey of i. At subsection (c)(1), Illinois added in accordance with 62 Ill. Adm. Code the quantity and quality of all drinking, the heading ‘‘Repair of damage to 1817.41(j) and 1817.121(c) to replace domestic, and residential water supplies surface lands’’ and made minor adversely affected protected water within the permit area, subsidence language changes. supplies or to mitigate or remedy any shadow area, and adjacent area that j. At subsection (c)(2), Illinois added subsidence related material damage to could be contaminated, diminished, or the heading ‘‘Repair or compensation the land and protected structures. At interrupted by subsidence. The for damage to structures and facilities.’’ subsection (b)(9)(A) the applicant must applicant must pay for any technical Illinois also revised subsection (c)(2) to provide procedures to determine the assessment or engineering evaluation require the permittee to promptly repair existence and degree of material damage used to determine the pre-mining or compensate the owner for material or diminution of value or foreseeable condition or value of such structures damage resulting from subsidence use of the surface, structures and and facilities and the quantity and caused to any structure or facility that facilities, or water quality and quantity. quality of drinking, domestic, or existed at the time of the coal extraction The procedures must address resolution residential water supplies. The under or adjacent to the materially of disputes between the landowner and applicant must provide copies of the damaged structure. If the repair option the permittee over the existence, survey and any technical assessment or is selected, the permittee must fully

VerDate 18-JUN-99 09:52 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\A17AU2.026 pfrm01 PsN: 17AUP1 44678 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Proposed Rules rehabilitate, restore or replace the Applicable changes: 62 IAC 1784.20 (a)(1), for structures that meet or exceed the size or damaged structure. If compensation is (b)(3), (b)(5)(E), (b)(8) and 1817.121 (a)(2) and other criteria of the Mine Safety and Health selected, the permittee must compensate (a)(2)(A); Administration (MSHA). the owner of the damaged structure for (2) What operations must perform pre- mining water quality and quantity surveys. c. Illinois revised the introductory the full amount of the decrease in value Applicable changes: 62 IAC 1784.20 (a)(1), language of subsections (a)(3) to read as resulting from the subsidence-related (b)(3), (b)(5)(E), (b)(7), (b)(8) and 1817.121 follows: damage. The permittee may provide (a)(2) and (a)(2)(B); Each detailed design plan for a structure compensation by the purchase, before (3) When should specific water surveys be not included in subsection (a)(2) above shall: mining, of a non-cancelable premium- required. Applicable changes: 62 IAC prepaid insurance policy. These 1784.14 (b)(1), (e)(3)(D), 1784.20 (a)(1), (b)(7), d. Illinois revised subsections (f) to requirements apply only to subsidence- (b)(8), (b)(9) and 1817.121 (a)(2) and (a)(2)(B); require that each plan under subsections related damage caused by underground (4) Where are condition surveys to be kept. (b), (c), and (e) include a stability coal extraction conducted after February Applicable change: 62 IAC 1817.121(a)(2)(A); analysis if the structure meets the Class 1, 1983. (5) Where is water quality and quantity B or C criteria for dams in TR–60 or k. Existing subsection (c)(3) was survey information to be kept. Applicable meets the size or other criteria of 30 CFR change: 62 IAC 1817.121(a)(2)(B). 77.216(a). removed. New subsection (c)(3) (6) How will compensation for water provides requirements for adjustment of replacement costs be managed. Applicable 2. 62 IAC 1816.46 (Surface Mining the performance bond amount when change: 62 IAC 1784.20(b)(8)(B). Operations) and 1817.46 (Underground subsidence-related material damage to B. Siltation Structures, Impoundments, Mining Operations) Hydrologic protected land, structures or facilities Balance: Siltation Structures occur or when contamination, Banks, Dams, and Embankments diminution, or interruption to a water By letters dated June 17, 1997, and Illinois removed the existing language supply occurs. The Department must January 15, 1999, under 30 CFR from subsections (c)(2) and added the require the permittee to obtain 732.17(c), we notified Illinois that new language shown below. The only additional performance bond in the changes to the Illinois regulations difference between the surface mining amount of the estimated cost of the relating to siltation structures, language and the underground mining repairs if the permittee will be repairing, impoundments, banks, dams, and language is a citation reference. We or in the amount of the decrease in embankments were needed to be no less placed the citation reference for value if the permittee will be effective than the changes that were underground mining operations in compensating the owners, or in the made to the Federal regulations on brackets. amount of the estimated cost to replace October 20, 1994 (59 FR 53022). In the Spillways. A sediment pond shall include the protected water supply if the October 20, 1994, rulemaking, OSM either a combination of principal and permittee will be replacing the water included standards from the U.S. emergency spillways or single spillway supply. The additional performance Department of Agriculture, Soil configured as specified in section bond must remain in force until the Conservation Service Technical Release 1816.49(a)(9) [1817.49(a)(9)] of this Part. repair, compensation, or replacement is No. 60 (210–VI–TR60, Oct. 1985) as part 3. 62 IAC 1816.49 (Surface Mining completed. If repair, compensation, or of the Federal requirements for siltation Operations) and 1817.49 (Underground replacement is completed within 90 structures and impoundments. These Mining Operations) Impoundments days of the occurrence of damage, no changes were made as the result of a. Illinois added new subsections additional bond is required. This time decisions by the U.S. District Court of (a)(1) to read as follows: frame may be extended, but not to the District of Columbia in In Re: exceed one year, if the permittee Permanent Surface Mining Regulation Impoundments meeting the Class B or C demonstrates that subsidence is not Litigation (II), No. 79–1144 (D.D.C. July criteria for dams in the U.S. Department of complete, that not all probable 15, 1985) and In Re: NWF v. Lujan, No. Agriculture, Soil Conservation Service subsidence-related material damage has Technical Release No. 60 (210–VI–TR60, Oct. 88–3345 (D.D.C. August 30, 1990). In 1985), ‘‘Earth Dams and Reservoirs,’’ 1985 occurred to lands or protected response to this notification, Illinois structures, or that not all reasonable shall comply with ‘‘Minimum Emergency proposed the following changes to its Spillway Hydrology Criteria’’ table in TR–60 anticipated changes have occurred regulations: and the requirements of this section. affecting protected water supplies. The permittee may also use appropriate 1. 62 IAC 1780.25 (Surface Mining) and b. Illinois redesignated existing terms and conditions for liability 1784.16 (Underground Mining) subsections (a)(1) through (a)(11) as insurance to assure that the financial Reclamation Plan: Siltation Structures, (a)(2) through (a)(12). Illinois also responsibility to comply with Impoundments, Banks, Dams, and revised outdated citation references and subsection (c) is in place. Embankments changed the term ‘‘operator’’ to the term l. Illinois removed the last sentence of a. Illinois removed all references to ‘‘permittee’’ throughout these sections. subsection (g). sedimentation ponds and added c. Illinois revised redesignated subsections (a)(4)(A) to read as follows: 8. Policy and Justification for references to siltation structures. Illinois Subsidence Repair and Water also revised all outdated citation An impoundment meeting the Class B or Replacement Regulations references. C criteria for dams in TR–60, or the size or b. Illinois added the following new other criteria of 30 CFR 77.216(a) shall have The amendment includes a letter and language at the beginning of subsections a minimum static safety factor of 1.5 for a a side-by-side comparison of the (a)(2): normal pool with steady state seepage proposed subsidence-related regulations saturation conditions, and a seismic safety and the counterpart Federal regulations Impoundments meeting the Class B or C factor of at least 1.2. criteria for dams in the U.S. Department of to supplement Illinois changes d. Illinois revised redesignated concerning subsidence repair and water Agriculture, Soil Conservation Service Technical Release No. 60 (210–VI–TR60, Oct. subsections (a)(4)(B) by removing the replacement. The letter discusses: 1985), ‘‘Earth Dams and Reservoirs,’’ language ‘‘Impoundments meeting the (1) What operations must perform pre- Technical Release No. 60 (TR–60) shall size or other criteria of 30 CFR mining structure condition surveys. comply with the requirements of this section 77.216(a)’’ and adding the language

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‘‘Impoundments included in subsection be provided with a spillway that meets the is located be notified by certified mail (a)(4)(A) above.’’ criteria in the ‘‘Minimum Emergency of the Department’s final administrative e. Illinois added the following new Spillway Hydrologic Criteria’’ table in TR– decision to release or not to release all sentence to redesignated subsections 60, or such larger event as may be specified or part of the performance bond. by the Department based on factors such as (a)(5): terrain, topography and soil type. D. 62 IAC 1816.89 (Surface Mining Impoundments meeting the SCS Class B or l. Illinois revised subsections Operations) and 1817.89 C criteria for dams in TR–60 shall comply (c)(2)(B)(i) to require that temporary (Underground Mining Operations) with the freeboard hydrology criteria in the Disposal of Noncoal Mine Wastes ‘‘Minimum Emergency Spillway Hydrology impoundments meeting the SCS Class B Criteria’’ table in TR–60. or C criteria for dams in TR–60 be At subsections (b), Illinois is requiring designed to control the same that areas reclaimed to cropland f. Illinois revised redesignated precipitation event specified for subsections (a)(6)(A) to require that capability have a minimum of four feet impoundments meeting the size or other of suitable soil cover. impoundments meeting the Class B or C criteria of 30 CFR 77.216(a). criteria for dams in TR–60 meet the m. Illinois revised subsections E. 62 IAC 1817.101 (Underground same requirements that are specified in (c)(2)(B)(ii) by replacing the language Mining Operations)—Backfilling and these subsections for impoundments ‘‘meeting the size or other criteria of 30 Grading: General Requirements meeting the size or other criteria of 30 CFR 77.216(a)’’ with the language CFR 77.216(a). Illinois revised subsection (a) to ‘‘included in subsection (c)(2)(B)(i) require that surface areas disturbed g. Illinois revised redesigned above.’’ subsections (a)(10)(A) to require that incident to underground mining impoundments meeting the SCS Class B C. Performance Bonds activities be backfilled and graded not or C criteria for dams in TR–60, or the later than 12 months after cessation of 1. Administrative Review of Bond active use as determined by the size or other criteria of 30 CFR 77.216(a) Adjustment Determinations be inspected, examined and certified in Department. Illinois is revising its regulations for accordance with 30 CFR 77.216. F. Revegetation h. Illinois revised redesigned bond adjustment and administrative subsections (a)(11) to require that review as a result of Court Case No. 99– 1. 62 IAC 1816.111 (Surface Mining impoundments that do not meet the SCS MR–214, Sangamon County, Illinois. Operations) and 1817.111 (Underground Class B or C criteria for dams in TR–60 The court found that the Department’s Mining Operations) Revegetation: or that are not subject to 30 CFR rules lacked a mechanism for General Requirements administrative hearing in the case of 77.216(a) must be examined at least a. Illinois revised outdated citation bond adjustments. The court ruled that quarterly for appearances of instability, references in 62 IAC 1816.111(b)(5). this was in violation of the Illinois structural weakness, or other hazardous b. At 62 IAC 1816.111(d) and Administrative Procedure Act and conditions. The permittee must 1817.111(d), Illinois removed the enjoined the Department from designate a qualified person to do the requirement that those prime farmlands increasing performance bond under its quarterly examinations. granted an exemption in accordance current regulations. i. Illinois revised subsections (b)(9)(A) with 62 Ill. Adm. Code 1785.17(a)(5) by also requiring that permanent a. 62 IAC 1800.15 Adjustment of Performance Bond. meet the requirements of 62 Ill. Adm. impoundments not meeting the Class B Code 1823.15. or C criteria for dams in TR–60 be Illinois revised subsection (b) to provided with a spillway that meets the provide the permittee an opportunity for 2. 62 IAC 1816.116 (Surface Mining requirements specified in these administrative review under 62 Ill. Operations) and 1817.116 (Underground subsections for those not meeting the Adm. Code 1847.3 of any proposed Mining Operations) Success of size or other qualifying criteria of 30 adjustment to the performance bond Revegetation. amount. CFR 77.216(a). Illinois added a provision at j. Illinois added new subsections b. 62 IAC 1847.3 Permit Hearings. Illinois revised subsection (a) to subsections (b)(2) that require the (b)(9)(C) to read as follows: provide that the hearing procedures person who conducts mining activities Permanent impoundments meeting the outlined in 62 IAC 1847.3 also apply to to: Class B or C criteria for dams in TR–60, shall review of bond adjustment Initiate a soil compaction and fertility be provided with a spillway that meets the determinations under 62 Ill. Adm. Code testing plan, subject to the approval of the criteria in the ‘‘Minimum Emergency 1800.15. Department, for areas which have incurred Spillway Hydrologic Criteria’’ table in TR– five unsuccessful attempts to meet the 60, or such larger event as may be specified 2. 62 IAC 1800.40 Requirement to production required by subsections (a)(3)(C) by the Department based on factors such as Release Performance Bonds or (E) above or 62 Ill. Adm. Code 1785.15, or terrain, topography and soil type. a. Illinois revised subsection (a)(1) to shall initiate deep tillage on the areas. k. Illinois revised subsections (c)(1) by allow permittees to authorize a person Illinois redesignated existing also requiring that temporary to act on their behalf in filing an subsections (b)(2) as subsections (b)(3). impoundments not meeting the Class B application for bond release and to or C criteria for dams in TR–60 be allow the Department to initiate an G. 62 IAC 1823.14 Prime Farmland: provided with a spillway that meets the application for bond release. Soil Replacement requirements specified in these b. In subsections (a)(2) and (3), the Illinois revised subsection (d) by subsections for those not meeting the term ‘‘operator’’ is changed to adding the following new requirement: size or other qualifying criteria of 30 ‘‘applicant.’’ In those areas where the B or C horizons CFR 77.216(a). Illinois also added the c. In subsection (b)(2), Illinois following new provision at the end of were not removed but may have been removed a reference to the term compacted or otherwise damaged during the subsections (c)(1): ‘‘county.’’ Illinois also added a mining operation, the permittee shall engage Temporary impoundments meeting the requirement that the municipality in in deep tillage or other appropriate means to Class B or C criteria for dams in TR–60, shall which the surface coal mining operation restore premining capabilities.

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H. 62 IAC 1840.11 Inspections by the DATES or at locations other than the Executive Order 12988 Department Indianapolis Field Office. The Department of the Interior has Illinois revised subsection (f)(2) by Please submit Internet comments as conducted the reviews required by adding the language ‘‘or the Department an ASCII file avoiding the use of special section 3 of Executive Order 12988 has determined that the reclamation characters and any form of encryption. (Civil Justice Reform) and has required for Phase II bond release has Please also include ‘‘Attn: SPATS No. determined that, to the extent allowed been completed’’ at the end of the IL–097–FOR’’ and your name and return by law, this rule meets the applicable existing language. This will allow a address in your Internet message. If you standards of subsections (a) and (b) of surface coal mining and reclamation do not receive a confirmation that we that section. However, these standards operation that meets the new criteria to have received your Internet message, are not applicable to the actual language be designated inactive for inspection contact the Indianapolis Field Office at of State regulatory programs and purposes. (317) 226–6700. program amendments since each such I. Miscellaneous Changes Public Hearing program is drafted and promulgated by Throughout the sections discussed a specific State, not by OSM. Under above, Illinois corrected typographical If you wish to speak at the public sections 503 and 505 of SMCRA (30 errors, punctuation, citation references, hearing, contact the person listed under U.S.C. 1253 and 1255) and 30 CFR and other editorial-type errors; made FOR FURTHER INFORMATION CONTACT by 730.11, 732.15, and 732.17(h)(10), minor wording changes; and simplified 4:00 p.m., e.s.t. on September 1, 1999. decisions on State regulatory programs its use of numbers. To reflect We will arrange the location and time of and program amendments must be recodification of the Illinois Surface the hearing with those persons based solely on a determination of Mining Land Conservation and requesting the hearing. If you are whether the submittal is consistent with Reclamation Act that occurred in 1992, disabled and need special SMCRA and its implementing Federal Illinois replaced its citation references accommodations to attend a public regulations and whether the other for the ‘‘Ill. Rev. Stat. 1989, ch. 961⁄2, hearing, contact the individual listed requirements of 30 CFR Parts 730, 731, pars. 7901.01 et seq.’’ with references to under FOR FURTHER INFORMATION and 732 have been met. CONTACT. The hearing will not be held ‘‘225 ILCS 720.’’ Illinois also made some National Environmental Policy Act of the same types of corrections and if no one requests an opportunity to changes in 62 IAC 1777.11, 1800.13, speak at the public hearing. This rule does not require an 1840.14, and 1846.18. You should file a written statement at environmental impact statement since section 702(d) of SMCRA (30 U.S.C. IV. Public Comment Procedures the time you request the hearing. This will allow us to prepare adequate 1292(d)) provides that agency decisions Under the provisions of 30 CFR responses and appropriate questions. on State regulatory program provisions 732.17(h), we are requesting comments The public hearing will continue on the do not constitute major Federal actions on whether the amendment satisfies the specified date until all persons within the meaning of section 102(2)(C) applicable program approval criteria of scheduled to speak have been heard. If of the National Environmental Policy 30 CFR 732.15. If we approve the you are in the audience and have not Act (42 U.S.C. 4332(2)(C)). amendment, it will become part of the been scheduled to speak and wish to do Paperwork Reduction Act Illinois program. so, you will be allowed to speak after Written Comments those who have been scheduled. We This rule does not contain We will make comments, including will end the hearing after all persons information collection requirements that names and addresses of respondents, scheduled to speak and persons present require approval by OMB under the available for public review during in the audience who wish to speak have Paperwork Reduction Act (44 U.S.C. normal business hours. We will not been heard. 3507 et seq.). consider anonymous comments. If Public Meeting Regulatory Flexibility Act individual respondents request confidentiality, we will honor their If only one person requests an The Department of the Interior has request to the extent allowable by law. opportunity to speak at a hearing, a determined that this rule will not have Individual respondents who wish to public meeting, rather than a public a significant economic impact on a withhold their name or address from hearing, may be held. If you wish to substantial number of small entities public review, except for the city or meet with us to discuss the amendment, under the Regulatory Flexibility Act (5 town, must state this prominently at the request a meeting by contacting the U.S.C. 601 et seq.). The State submittal beginning of their comments. We will person listed under FOR FURTHER which is the subject of this rule is based make all submissions from INFORMATION CONTACT. All such meetings upon corresponding Federal regulations organizations or businesses, and from are open to the public and, if possible, for which an economic analysis was individuals identifying themselves as we will post notices of meetings at the prepared and certification made that representatives or officials of locations listed under ADDRESSES. We such regulations would not have a organizations or businesses, available also make a written summary of each significant economic effect upon a for public review in their entirety. meeting a part of the Administrative substantial number of small entities. Your written comments should be Record. Therefore, this rule will ensure that specific and pertain only to the issues existing requirements previously proposed in this rulemaking. You V. Procedural Determinations published by OSM will be implemented should explain the reason for any Executive Order 12866 by the State. In making the recommended change. In the final determination as to whether this rule rulemaking, we will not necessarily The Office of Management and Budget would have a significant economic consider or include in the (OMB) exempts this rule from review impact, the Department relied upon the Administrative Record any comments under Executive Order 12866 data and assumptions for the received after the time indicated under (Regulatory Planning and Review). corresponding Federal regulations.

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Unfunded Mandates U.S. Postal Service Headquarters, 475 the rule; (2) there are a limited number OSM has determined and certifies L’Enfant Plaza, SW, Washington, DC of identifiable interests significantly under the Unfunded Mandates Reform 20260. Mail comments and all other impacted by the rule; (3) a committee Act (2 U.S.C. 1502 et seq.) that this rule communications regarding the can be created with balanced will not impose a cost of $100 million committee to Annamarie Gildea, Room representation which can represent the or more in any given year on local, state, 7142, at the same address. Committee identified interests and can negotiate in or tribal governments or private entities. documents will be available for public good faith; (4) consensus on the issues inspection and copying between 9:00 appears likely; (5) the consensus process List of Subjects in 30 CFR Part 913 a.m. and 4:00 p.m. weekdays at the will not unduly delay the issuance of Intergovernmental relations, Surface address above. the rule; (6) the agency has resources mining, Underground mining. FOR FURTHER INFORMATION CONTACT: and is willing to assist the consensus Annamarie Gildea, (202) 268–3558. process; and (7) the agency, within the Dated: August 10, 1999. SUPPLEMENTARY INFORMATION: constraints of the law, will use the Charles E. Sandberg, advisory committee’s consensus as the Acting Regional Director, Mid-Continent I. Background basis of the rule for notice and Regional Coordinating Center. U.S. Postal Service Standard, comment. [FR Doc. 99–21258 Filed 8–16–99; 8:45 am] Mailboxes, City and Rural Curbside, IV. Participants BILLING CODE 4310±05±P USPS STD 7A, governs the design of curbside mailboxes. The current The committee will include a standard, adopted in 1992, prescribes representative from the Postal Service POSTAL SERVICE design limitations in terms that are no and representatives, to be selected by longer consistent with the operational the Postal Service, from persons and/or 39 CFR Part 111 requirements of the Postal Service. organizations that will be significantly Primary issues to be addressed by the affected by this rule. Each representative Standards Governing the Design of committee will include increasing may also name an alternate who may Curbside Mailboxes design flexibility within the Postal attend all committee meetings and will AGENCY: Postal Service. Service’s operational requirements; serve in place of the primary ACTION: Notice of intent to establish a simplification and clarification of the representative if necessary. The Consensus Committee and notice of first standard; revising provisions on secure designated Postal Service representative meeting. mailboxes; and adding provisions on will be authorized to represent the accessories and electronic technologies. agency in the committee, and will SUMMARY: The Postal Service intends to The committee may also consider other participate in its activities, discussions, establish a Consensus Committee to issues at its discretion and within the and deliberations. develop recommendations for revision scope set forth in paragraph II. The convenor has recommended that of USPS STD 7A, which governs the II. Scope of the Rule the Postal Service invite the following design of curbside mailboxes. The organizations to participate in the committee will develop and adopt its The contents of the new standard will consensus process. The convenor has recommendations through a consensus be limited to regulations on curbside contacted these organizations, which process. The committee will consist of mailbox and accessory design have indicated their willingness to serve persons who represent the interests characteristics that affect the operations on the committee. The Postal Service affected by the proposed rule, including of the Postal Service. Other issues, proposes to invite the following mailbox manufacturers, mailbox including but not limited to design organizations to participate in the accessory manufacturers, and postal characteristics relating to roadside consensus process: customers. The purpose of this Notice is safety, are not within the scope of the new standard. 1. At Ease Technologies, Inc. to apprise the public of the intent to 2. Cutler Manufacturing Corporation establish the committee; provide the III. Consensus Process 3. Imperial Mail Box Systems, Inc. public with information regarding the In a consensus process, 4. Janzer Corporation committee and the issues to be representatives of interests that would 5. Magazine Publishers of America addressed; solicit public comment on be substantially affected by the new rule 6. National Association of Homebuilders the proposal to establish the committee, meet as an advisory committee to 7. Parcel Shippers Association the issues to be addressed, and the negotiate among themselves and with 8. Steel City Corporation proposed membership and procedures the agency to reach a consensus on a 9. Step 2 Corporation of the committee; explain how persons proposed rule. As part of the consensus 10. Rubbermaid, Inc. may apply or nominate others for process, the agency agrees to use the 11. The Solar Group membership on the committee; and committee’s recommendation as the It is expected that these organizations announce the tentative date of the first basis of the proposed rule, and each would represent the following interests: committee meeting. private interest agrees to support the -Mailbox manufacturers DATES: The Postal Service must receive committee’s recommendation and the —Larger general manufacturers written comments, requests for proposed rule to the extent that it Steel City Corporation representation or membership on the reflects the recommendation. The Solar Group committee, and nominations for A feasibility study, performed by a —Specialty manufacturers—metal membership on the committee no later neutral convenor, and using the Cutler Manufacturing Corporation than September 14, 1999. The first Negotiated Rulemaking Act, 5 U.S.C. Imperial Mail Box Systems, Inc. committee meeting is tentatively 561 et seq. as a guide, recommended Janzer Corporation scheduled for September 15 and 16, that the Postal Service initiate a —Specialty manufacturers—non- 1999. consensus process. In reaching this metal ADDRESSES: The first committee meeting recommendation, the convenor Step 2 Corporation is tentatively scheduled to be held at determined that: (1) There is a need for Rubbermaid, Inc.

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-Accessory manufacturers be authorized by the individuals and/or ADDRESSES: Federal Communications At Ease Technologies, Inc. organization(s) they represent to do so. Commission, Washington, DC 20554. -Mailers Therefore, senior individuals within FOR FURTHER INFORMATION CONTACT: Magazine Publishers of America each interest group should be Joseph Levin or David Siehl, Policy Parcel Shippers Association designated to serve on the committee. Division, Wireless Telecommunications -Consumers/Mailbox purchasers Also, committee members must commit National Association of Homebuilders Bureau (202) 418–1310. to support the final consensus SUPPLEMENTARY INFORMATION: The I. Tentative Schedule recommendation of the committee. following synopsis contains the text in The first committee meeting is (C) Administrative Support chief of the Order Extending Comment tentatively scheduled for September 15 and Reply Comment Periods, DA 99– Administrative support will be and 16, 1999 at U.S. Postal Service 1566, adopted August 6, 1999, and provided by the Postal Service at its Headquarters, 475 L’Enfant Plaza, SW, released August 6, 1999, in the headquarters offices. Washington, DC. Subsequent meetings proceeding on Calling Party Pays will be scheduled by the committee, at (D) Consensus Service Offering in the Commercial the same location, and are expected to ‘‘Consensus’’ is defined for the Mobile Radio Services, WT Docket No. occur approximately four weeks apart purposes of this rulemaking as the 97–207. The complete text of the entire through approximately January 2000. unanimous concurrence among the released document containing the Order II. Nominations and Applications committee members unless the is available for inspection and copying during normal business hours in the Persons and organizations that will be committee explicitly adopts a different definition. FCC Reference Information Center significantly affected by this rule may (Courtyard level), 445 12th Street, SW, apply for membership on the committee (E) Committee Procedures Washington, DC 20554, and also may be or nominate another person or purchased from the Commission’s copy organization for membership. Each Under the general guidance of the facilitator, and subject to legal contractor, International Transcription nomination or application should Services (ITS, Inc.), (202) 857–3800, 445 include: (1) The name of the applicant requirements, the committee will establish procedures and ground rules. 12th Street, SW, CY–B400, Washington, or nominee and a description of the DC 20054. interests that person or organization (F) Records represents; (2) evidence that the Synopsis of Order Extending Comment The facilitator will prepare minutes of applicant or nominee is authorized to and Reply Comment Periods all committee meetings. These minutes represent the interests the person will be placed in the public docket for 1. This document extends the time for proposes to represent; (3) the reasons this rulemaking. filing comments and reply comments in the applicant or nominator believes its the captioned proceeding to the close of Stanley F. Mires, interests or those of its nominee are business on September 17, 1999, and sufficiently different from those of Chief Counsel, Legislative. October 18, 1999, respectively. organizations listed above that those [FR Doc. 99–21324 Filed 8–16–99; 8:45 am] 2. On July 7, 1999, the Commission interests would not be adequately BILLING CODE 7710±12±P released a Notice of Proposed represented by the members of the Rulemaking (NPRM) in this proceeding committee as proposed. All nominations that invited interested parties to and applications must be received by FEDERAL COMMUNICATIONS comment no later than August 18, 1999, the Postal Service at the address above COMMISSION and to reply to filings by other parties no later than September 14, 1999. The no later than September 8, 1999. 64 FR Postal Service reserves the right to 47 CFR Part 20 38396, July 16, 1999. refuse nominations and applications [WT Docket No. 97±207; DA 99±1566] 3. On August 2, 1999, the Personal that do not fulfill these requirements. Communications Industry Association The Postal Service, with the advice of Calling Party Pays Service Offering in (PCIA) requested an extension of the the convenor, will select committee the Commercial Mobile Radio Services comment and reply comment dates until members that provide adequate September 30, 1999, and October 22, representation of each significantly AGENCY: Federal Communications 1999, respectively. PCIA cites the need affected interest rather than Commission. for additional time to enable it to reflect representatives of every individual and ACTION: Notice of proposed rulemaking; in its comments the results of studies it organization affected by the rule. extension of comment period. is conducting on CPP use in other III. Procedures and Guidelines countries, and on technical and billing SUMMARY: This document extends the issues associated with CPP (A) Facilitator time for filing comments and reply implementation in the United States. The Postal Service has selected a comments in this proceeding to the 4. The Policy Division, Wireless neutral, impartial facilitator to serve as close of business on September 17, Telecommunications Bureau, agrees chairman of the committee meetings. 1999, and October 18, 1999, with PCIA that a modest extension of The facilitator will assist committee respectively. A modest extension has the comment and reply comment members conduct discussions, help been granted to allow interested parties deadlines would enable them and other committee members define issues and more time to provide more substantive interested parties to provide more reach consensus, and manage the and complete comments on the issues substantive and complete comments on minutes, agendas, and other records of associated with Calling Party Pays the many issues associated with CPP. the committee. (CPP). Consequently, the grant of an extension DATES: Comments are due on or before of the comment deadlines will enhance (B) Good Faith September 17, 1999 and reply the overall quality of the comments and Committee members must be comments are due on or before October reply comments, and will provide a committed to negotiate in good faith and 18, 1999. more complete record for consideration.

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However, extension of the comment A. Background (2) This factor shall not exceed 5 deadlines to the dates that PCIA The GSAR is proposed to amended to percent of the total weight of all requests could unduly delay the supplement the language provided in evaluation criteria. In order to receive Commission’s determination of the the FAR on the use of selection criteria the maximum score for this factor, the issues, in view of their significance to for Architect-Engineer procurements. architect-engineer firm(s) must commenting parties and the public. This proposed rule would eliminate demonstrate that at least 35 percent of Therefore, it is concluded that unnecessary restrictions to competition the architect-engineer contract services modifying PCIA’s request for the in GSA’s use of geographic limitations (based on the total contract price) will extension, as specified below, is in the in the evaluation process for Architect- be accomplished with the geographical public interest. Engineer procurements. boundaries established for the project. (3) Under an approved class deviation Ordering Clause B. Executive Order 12866 from FAR 36.602–1(a)(5), this factor Accordingly, it is ordered, pursuant to This regulatory action was not subject does not apply to projects determined § 1.46 of the Commission’s rules to Office of Management and Budget by the Chief Architect of GSA to be of regarding the time for filing comments, review under Executive Order 12866, national significance. that the request of PCIA is granted to the dated September 30, 1993, and is not a (b) The public announcement extent indicated. The comment deadline major rule under 5 U.S.C. 804. (Commerce Business Daily notice) for a in the CPP proceeding is extended to the proposed project should identify the close of business on September 17, C. Regulatory Flexibility Act general geographical area of the project 1999, and the reply comment deadline This proposed rule is not expected to by either: is extended to the close of business on have a significant economic impact on (1) A radius in miles or other October 18, 1999. a substantial number of small entities appropriate unit of measure; or, Federal Communications Commission. within the meaning of the Regulatory (2) The Standard Metropolitan Kris Monteith, Flexibility Act, 5 U.S.C. 601, et seq. Statistical Area, county(ies), state(s) surrounding the project, or other Chief, Policy Division, Wireless D. Paperwork Reduction Act Telecommunications Bureau. appropriate geographic boundaries. [FR Doc. 99–21272 Filed 8–16–99; 8:45 am] The Paperwork Reduction Act does (c) Architect-engineer selections under the Design Excellence Program BILLING CODE 6712±01±P not apply because the proposed changes to the GSAR do not impose shall apply the geographical evaluation recordkeeping or information collection criteria in the second phase. requirements, or otherwise collect (d) The public announcement GENERAL SERVICES information from offerors, contractors, (Commerce Business Daily notice) may ADMINISTRATION or members of the public that require require the architect-engineer of record approval of the Office of Management to establish a significant production 48 CFR Part 536 and Budget under 44 U.S.C. 3501 et seq. capability within the general geographical area of the project within [GSAR Notice 5±421] List of Subjects in 48 CFR Part 536 45 calendar days after contract award. Government Procurement. Dated: July 28, 1999. RIN 3090±AH07 Accordingly, 48 CFR part 536 is Ida M. Ustad, proposed to be amended as follows: General Services Administration Deputy Associate Administrator for 1. The authority citation for 48 CFR Acquisition Regulation; Clarification Acquisition Policy. Part 536 continues to read as follows: on the Use of Selection Criteria for [FR Doc. 99–21319 Filed 8–16–99; 8:45 am] Architect-Engineer Procurements Authority: 40 U.S.C. 486(c). BILLING CODE 6820±61±M

AGENCY: Office of Acquisition Policy, PART 536ÐCONSTRUCTION AND GSA. ARCHITECT-ENGINEER CONTRACTS DEPARTMENT OF COMMERCE ACTION: Proposed rule. 2. Part 536 is proposed to be amended National Oceanic and Atmospheric by adding Subpart 536.6 to read as SUMMARY: The General Services Administration Administration proposes to amend the follows: 50 CFR Part 226 GSA Acquisition Regulation (GSAR) to Subpart 536.6ÐArchitectÐEngineer provide additional guidance concerning Services [I.D. No. 120197A] the use of selection criteria for Architect-Engineer procurements. 536.602 Selection of firms for architect- Designated Critical Habitat; Re- DATES: Comments should be submitted engineer contracts. opening of Comment Period and in writing to address shown below on or 536.602±1 Selection criteria. Notice of Public Hearing on Proposed before October 18, 1999. Revision of Critical Habitat for Snake (a) FAR 36.602–1 requires that River Spring/Summer Chinook Salmon ADDRESSES: Mail comments to General agencies include ‘‘location in the Services Administration, Office of general geographical area of the project AGENCY: National Marine Fisheries Acquisition Policy, GSA Acquisition and knowledge of locality of the Service (NMFS), National Oceanic and Policy Division (MVP), 1800 F Street, project’’ as one of several selection Atmospheric Administration, NW, Room 4027, Washington, DC criteria. Commerce. 20405. (1) This evaluation factor shall not be ACTION: Public hearing and re-opening FOR FURTHER INFORMATION CONTACT: used as a minimum qualification of public comment period. Cecelia L. Davis, GSA Acquisition requirement for determining whether a Policy Division, (202) 219–0202. firm is eligible to compete for a SUMMARY: NMFS is re-opening the SUPPLEMENTARY INFORMATION: proposed project. public comment period until September

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8, 1999, and announcing a public Background comments must be received by hearing on a proposed regulation to On June 2, 1999, NMFS published a September 8, 1999. In particular, NMFS revise critical habitat for Snake River proposal to revise critical habitat for is requesting any data, maps, or reports spring/summer chinook salmon threatened Snake River spring/summer describing areas of the Napias Creek (Oncorhynchus tshawytscha). chinook salmon (64 FR 29618). The watershed that currently or historically supported chinook salmon populations DATES: The public hearing date is proposed revision would specifically Tuesday, August 31, 1999, 6:30 p.m. to exclude areas upstream of Napias Creek and that may require special 9:00 p.m local time. Written comments Falls (located on a tributary to Panther management considerations. NMFS will on the proposed rule must be received Creek, in Lemhi County, Idaho) as consider all information received before on or before September 8, 1999. critical habitat for the species. NMFS reaching a final decision. ADDRESSES: The hearing will be held at has received a request from the Special Accommodations Shoshone-Bannock Tribes for a public the Natural Resource Center, Bureau of This hearing is physically accessible hearing on the proposal. The agency Land Management, 1387 South Binnell to people with disabilities. Requests for finds the request to be reasonable and, Way, Boise, Idaho. Written comments sign language interpretation or other hereby, announces a public hearing and should be sent to: Garth Griffin, NMFS, aids should be directed to Garth Griffin re-opens the comment period until Protected Resources Division, 525 NE (see ADDRESSES) by August 24, 1999. Oregon St. - Suite 500, Portland, OR September 8, 1999, to allow time to Dated: August 9, 1999. 97232–2737. conduct the hearing and solicit additional public comment. Art Jeffers, FOR FURTHER INFORMATION CONTACT: NMFS is soliciting information, Acting Director, Office of Protected Resources, Garth Griffin at (503) 231–2005, or Chris comments and/or recommendations on National Marine Fisheries Service. Mobley at (301) 713–1401. any aspect of this proposal from all [FR Doc. 99–21323 Filed 8–16–99; 8:45 am] SUPPLEMENTARY INFORMATION: concerned parties (see ADDRESSES); BILLING CODE 3510±22±F

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Notices Federal Register Vol. 64, No. 158

Tuesday, August 17, 1999

This section of the FEDERAL REGISTER promote progress in agriculture in the Estimated Number of Respondents: contains documents other than rules or public interest.’’ 116. proposed rules that are applicable to the The PVPA is a voluntary user funded Estimated Number of Responses per public. Notices of hearings and investigations, program which grants intellectual Respondent: 3.49. committee meetings, agency decisions and property rights protection to breeders of Estimated Total Annual Burden on rulings, delegations of authority, filing of new, distinct, uniform, and stable seed Respondents: 1691 hours. petitions and applications and agency statements of organization and functions are reproduced and tuber propagated plant Copies of this information collection examples of documents appearing in this varieties. To obtain these rights the can be obtained from Lashawn Smith, section. applicant must provide information Plant Variety Protection Office, at (301) which shows the variety is eligible for 504–5518. protection and that it is indeed new, Comments are invited on: (a) Whether DEPARTMENT OF AGRICULTURE distinct, uniform, and stable as the law the collection of the information is requires. Application forms, descriptive necessary for the proper performance of Agricultural Marketing Service forms, and ownership forms are the functions of the agency, including [Docket No. ST±99±005] furnished to applicants to identify the whether the information will have information which is required to be practical utility; (b) the accuracy of the Notice of Request for Extension and furnished by the applicant in order to agency’s estimate of the burden of the Revision of a Currently Approved legally issue a certificate of protection proposed collection of information Information Collection (ownership). The certificate is based on including the validity of the claims of the breeder and cannot be methodology and assumptions used; (c) AGENCY: Agricultural Marketing Service, issued on the basis of reports in ways to enhance the quality, utility and USDA. publications not submitted by the clarity of the information to be ACTION: Notice and request for applicant. Regulations implementing collected; and (d) ways to minimize the comments. the PVPA appear at 7 CFR part 92. burden of the collection of information Form ST–470, Application for Plant on those who are to respond, including SUMMARY: In accordance with the Variety Protection Certificate, Form ST– through the use of appropriate Paperwork Reduction Act of 1995 (44 470 series, Objective Description of automated, electronic, mechanical, or U.S.C. Chapter 35), this notice Variety (Exhibit C to Form ST–470P), other technological collection announces the Agricultural Marketing and Form ST–470–E, Statement of the techniques or other forms of information Service’s (AMS) intention to request an Basis of Applicant’s Ownership, are the technology. extension for and revision to a currently basis by which the determination, by Comments should reference OMB No. approved information collection in experts in the Plant Variety Protection 0581–0055 and be sent to: Ann Marie support of the Regulations Governing Office (PVPO), is made as to whether a Thro, Commissioner, Plant Variety the Plant Variety Protection Act. new, distinct, uniform, and stable seed Protection Office, Science & DATES: Comments on this notice must be reproduced or tuber-propagated variety Technology, AMS, USDA, NAL received by October 18, 1999. in fact exists and is entitled to Building, Room 500, 10301 Baltimore FOR FURTHER INFORMATION CONTACT: Ann protection. Boulevard, Beltsville, MD 20705–2351. The application form would be Marie Thro, Commissioner, Plant All comments received will be available revised slightly to clarify that applicants Variety Protection Office, Science & for public inspection during regular may specify not only that the variety be Technology, AMS, USDA, NAL business hours at the same address. sold only as a class of certified seed Building, Room 500, 10301 Baltimore All responses to this notice will be (Foundation, Registered, or Certified) Boulevard, Beltsville, MD 20705–2351, summarized and included in the request but that the applicant may specify a (301) 504–5518, or Fax: (301) 504–5291. for OMB approval. All comments will limitation on the number of generations also become a matter of public record. SUPPLEMENTARY INFORMATION: within each class. The information Title: Regulations Governing the received on applications, with certain Dated: August 11, 1999. Application for Plant Variety Protection exceptions, is required by law to remain William J. Franks, Jr., Certificate and Reporting Requirements confidential until the certificate is Deputy Administrator, Science and under the Plant Variety Protection Act. issued (7 U.S.C. 2426). Technology. OMB Number: 0581–0055. The information collection [FR Doc. 99–21302 Filed 8–16–99; 8:45 am] Expiration Date of Approval: February requirements in this request are BILLING CODE 3410±02±P 28, 2000. essential to carry out the intent of the Type of Request: Extension and PVPA, to provide applicants with revision of a currently approved certificates of protection, to provide the DEPARTMENT OF AGRICULTURE information collection. respondents the type of service they Abstract: The Plant Variety Protection request, and to administer the program. Forest Service Act (‘‘PVPA’’) (7 U.S.C. 2321 et seq.) Estimate of Burden: Public reporting was established ‘‘To encourage the burden for this collection of information Stewardship Contracting Pilot development of novel varieties of is estimated to average 4 hours per Projects: Multiparty Monitoring and sexually reproduced plants and make response. Evaluation Process them available to the public, providing Respondents: Businesses or other for- AGENCY: Forest Service, USDA. protection available to those who breed, profit, not-for-profit institutions, and ACTION: Notice. develop, or discover them, and thereby Federal Government.

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SUMMARY: Section 347 of the FY 1999 Besides ensuring proper documentation data for analysis by the appropriate Omnibus Appropriations Act authorizes of any treatments and their resulting Assessment and Evaluation Team. The the Forest Service to enter into 28 environmental effects, the proposed criteria that the Data Inventory teams stewardship end results contracts. These framework is intended to provide an will be required to consider are contracts are intended to provide a objective basis for assessing the described under the subheading means for pilot-testing an array of implications of the stewardship pilots ‘‘Criteria for Local Data Inventory potential new authorities for giving regarding the following: Teams.’’ Once validated, the facts national forest managers greater (1) The potential advantages of greater gathered by the Data Inventory teams administrative flexibility to improve collaboration during period planning will be made available for public review forest conditions and potentially help and implementation; and use. meet the needs of local communities. (2) The potential for new authorities The Data Inventory teams will be free One of the key provisions of the statute, to facilitate efficient implementation of to compile facts and other evidence embodied in subsection (g) of the Act, desired ecosystem restoration, deemed relevant by the responsible is a provision requiring the maintenance, or protection activities; Assessment and Evaluation Team, but establishment of a process for and any additional data must be factual multiparty monitoring and evaluation of (3) The potential of stewardship rather than interpretive data. Limiting the stewardship contracts. The Forest contracting to help meet the needs of the role of these teams to the Service hereby gives notice that a draft local communities. compilation of factual evidence framework for multiparty monitoring This proposed framework represents eliminates the need to establish a FACA and evaluation has been developed and only one option for satisfying the committee. Participation on the teams is now available for public review and multiparty monitoring and evaluation will be open to all interested parties. comment. requirement of the Act. It is designed to Local Monitoring Assessment and DATES: Comments must be received, in comply with the provisions of the Evaluation Team. Each forest with a writing, on or before September 16, Federal Advisory Committee Act stewardship pilot project will be 1999. (FACA). The proposed framework is responsible for organizing a team of being developed to facilitate the data government employees, federal, state, ADDRESSES: Written comments on this inventory required by Section 347 of the proposal may be sent to Cliff Hickman, local, or tribal. This Monitoring Act and is not a public information Assessment and Evaluation Team’s USDA Forest Service, Forest survey. Comments and suggestions on tasks are to assess and evaluate the data Management Staff, Mail Stop 1105, P.O. this proposal and on other ways to compiled by the corresponding Data Box 96090, Washington, D.C. 20090– accomplish multiparty monitoring and Inventory Team and, also, to formulate 6090 or electronically to chickman/ evaluation, that would be in compliance appropriate recommendations. The [email protected]. with FACA requirements, are requested. Assessment and Evaluation Teams will FOR FURTHER INFORMATION CONTACT: Cliff operate under the direction of a Forest Proposed Process Hickman, Forest Management Staff, Service employee, serving as (202) 205–1162, or chickman/ At the national level, a single chairperson. A non-Forest Service [email protected]. Electronic copies of the Advisory Committee will be established person will be selected as the vice- Act, and of this proposed framework for under the provisions of the Federal chairperson of the committee. If other multiparty monitoring and evaluation, Advisory Committee Act (FACA). The governmental entities are unavailable or may be obtained via the INTERNET at framework proposes establishing two unwilling to participate in the www.fs.fed.us/land/fm/stewardship. types of teams at the local (project) evaluation process, a Forest Service SUPPLEMENTARY INFORMATION: Section level: (1) Data Inventory teams, and (2) team will be organized. Where a forest 347 of the FY 1999 Omnibus Assessment and Evaluation Teams. Due has more than one stewardship pilot, Appropriations Act (Act) authorizes the to the composition, duties, and purpose only one Assessment and Evaluation Forest Service to implement up to 28 of these teams, FACA chartering is not Team will be established to deal with all stewardship end results contracts. The required. Additional details concerning the projects on that forest. Forest Service provided background the structure and functions of these As already suggested, a key function information about the provisions of proposed groups are provided below: of the Assessment and Evaluation Section 347 and its progress in Local Data Inventory Teams. Each Teams will be to analyze and weigh the implementing the legislation, in a notice forest with a stewardship pilot project significance of the factual evidence that appeared in the July 9, 1999, issue will be responsible for organizing a team compiled by the Data Inventory Teams. of the Federal Register (64 FR 37096). of interested publics to gather the data The criteria that the Assessment and That notice identified the stewardship needed to assess project and program Evaluation Teams will be required to pilot projects that the agency had results. These teams will operate under consider are described under the already selected. This notice sets out the the direction of a Forest Service subheading ‘‘Criteria for Local proposed framework and requests employee who will encourage Assessment and Evaluation Teams.’’ public comment. A notice summarizing participation of all team members, These teams, at their discretion, will be the public comment and the agency’s develop monitoring methods, schedule free to develop other site-specific response to that comment will be team assignments, compile and validate criteria that they deem relevant—e.g., published along with the finalized the team’s data, and interact, as needed, additional criteria pertaining to forest framework. with the appropriate Assessment and conditions before and after treatment, The framework that the agency Evaluation Team. Where a Forest has effects on the local economy, and proposes to use to comply with the more than one pilot project, separate relations between and among requirements of subsection (g) of Data Inventory teams will be established community members, including the Section 347 of the Act consists of two to compile the relevant data for each Forest Service. Finally, the Assessment parts: (1) A process for securing project. and Evaluation Teams will be free to multiparty monitoring and evaluation, As the name suggests, the principal interact with the Data Inventory Teams and (2) a set of criteria to be considered function of the Data Inventory teams and the National Advisory Committee, during monitoring and evaluation. will be to gather project (local) level as needed.

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The Assessment and Evaluation monitoring and evaluation teams. This issues that the National Committee Teams will be responsible for making arrangement will help ensure that the determines to be important. judgments, reaching conclusions, and broad array of criteria considered and Other Process Principles. Other formulating recommendations on the the resulting recommendations present principles guiding the monitoring and basis of the data assimilated. Because an accurate, coherent picture of what evaluation process include the the teams, as envisioned in this the section 347 stewardship pilots have following: proposal, will be comprised of actually accomplished and * All monitoring and evaluation government employees only, they demonstrated. Notices concerning the teams will be structured so as to qualify for the FACA requirement National Advisory Committee’s encompass a diverse mix of resource exemption, authorized by Section 204 of establishment, its membership, and management skills. the Unfunded Mandates Act of 1995. meeting information will be published * As needed and as is reasonable, the Section 204 provides for the formation in the Federal Register. The Forest Forest Service will compensate of intergovernmental committees to Service will provide organizational monitoring and evaluation team exchange official views concerning the support to the National Committee. members for any travel costs that they implementation or administration of The National Advisory Committee incur as a result of their service to the intergovernmental responsibilities. will be responsible for obtaining the agency. A second key function of the local information it needs from the local * All monitoring and evaluation team Assessment and Evaluation teams will monitoring and evaluation teams and members will be encouraged to network be to prepare annual reports to the will interact with these teams as needed with their constituents and bring new National Advisory Committee. Annual to discharge its duties. The Committee, information and issues forward. reports will be submitted to the National at a minimum, will consider the criteria * Whenever possible, pilots will be Advisory Committee within 60 days of described under the subheading designed to include two types of the close of each fiscal year. In ‘‘Criteria for the National Advisory controls: (1) areas where no vegetative situations where a forest has more than Committee.’’ These criteria focus on treatment is occurring, and (2) areas one stewardship pilot, each project will national issues, such as, whether where standard timber sale and/or be analyzed, evaluated, and discussed national forest policies and priorities service contracting procedures are being in a separate report. were advanced by the new authorities The local Assessment and Evaluation observed. (processes and procedures) being tested, Team reports will include the whether the interests of non-local Proposed Criteria descriptive data that has been compiled publics were adequately considered, To measure whether the new by the local Data Inventory Teams, the and whether agency accountability for responses to the criteria described under authorities have achieved the desired actions and outcomes was appropriately the subheading ‘‘Critria for Local results, four categories of criteria will be maintained. The National Committee Assessmet and Evaluation Teams,’’ and considered by the different monitoring will also identify and evaluate the any other issues that the teams and evaluation (ME) groups. These determine to be relevant. important ‘‘lessons learned’’ from the categories are: (1) Biophysical critiera, The Assessment and Evaluation stewardship pilots; they will assess (2) economic criteria, (3) social criteria, Teams will actively seek input from the what worked well and what did not and (4) administrative criteria. public. Therefore, they will open their work well. As part of this process, they Within each category, some of the meetings to the public and give will describe any barriers that had to be criteria call for compiling numerical or adequate notice of the times and overcome or that prevented smooth descriptive data, while other criteria locations of their meetings. Draft annual implementation of the pilot projects. require that some aspect of a pilot evaluation results will be shared with The National Advisory Committee project’s performance be assessed. As the public for comment by posting a will be responsible for preparing annual noted earlier, to assure compliance with notice of availability of the results in the reports to the Forest Service’s FACA requirements, the local Data local newspapers, posting the results on Washington Office Forest Management Inventory Teams will consider only the each forest’s INTERNET website (if Staff. The Committee’s reports will form criteria calling for numerical or available), and by holding one or more the basis for the Forest Service’s descriptive responses. Within this public meetings. Public comments will required annual reports to Congress. constraint, and recognizing that there be considered in preparing the annual The Committee’s annual reports are to may be certain questions that may be reports to the National Advisory be completed within 60 days of its relevant in some, but not all, situations, Committee. All public comments will be receiving the reports from the local it is proposed that all teams be free to retained in the monitoring and Assessment and Evaluation Teams. entertain questions beyond those listed. evaluation file for each project. These reports will contain a compilation In all instances, however, the criteria National Advisory Committee. A of descriptive data pertaining to such that are listed, as a minimum, would be FACA advisory committee will be things as: the acreages treated for addressed by the designated groups. In chartered to monitor and evaluate the different purposes; the costs incurred; addition to addressing the criteria set- stewardship pilot program at the the sources of project funding; the types forth, the local Data Inventory Teams national level. The Forest Service will of products produced; the revenues will be encouraged to establish photo recommend potential National Advisory generated; the types of collaborators points that will record the condition of Committee members to the Office of the involved in project planning, the landscape, before, during, and after Secretary of USDA. Committee implementation, and monitoring; the project implementation. representation will reflect the need to roles played by different collaborators; Criteria for the Local Data Inventory represent all communities of interest and the processes and procedures that Teams. The local Data Inventory Teams and to ensure that there is balance in the were tested. The reports also will will answer, at a minimum, the 16 views represented. To ensure a address the information requested by criteria listed in this section. Additional connection to the projects at the local Congress, the criteria listed under the criteria may be added, but they must be level, at least two Committee members subheading ‘‘Criteria for National of an objective, factual nature. will be people serving on local Advisory Committee,’’ and any other Biophysical Criteria will include:

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(1) The stated purpose and need for (9) The manner in which the pilot ‘‘bundled group’’ of resource work the project. changed employment or entrepreneurial activities (e.g., timber extraction, (2) The project objectives. opportunities in the local community. watershed restoration, habitat (3) The land management treatments (10) The special skills required of a improvement, and road obliteration) on being applied. All treatments applied in contractor for the project. the project area and an explanation of connection with a particular are to be (11) The difficulties encountered in the conclusion. considered, including: the mileage of hiring contractors with the needed Economic Criteria will include: road maintained or obliterated; the skills. (4) An assessment as to whether mileage of trails maintained or (12) The average wage paid in employment opportunities for local obliterated; the acreage of soil and water connection with the project and communities were enhanced as a result improvement; the acreage of terrestrial whether this wage rate represented of the project and the basis for the habitat restored or enhanced; the woods a worker, service contract, or conclusion. mileage of stream habitat restored or Davis-Bacon wage rate. (5) An assessment as to whether the enhanced; the acreage of fuels (13) The duration of the contract for prevailing wage rate in the local management by mechanical means and/ this project and whether the contract community was enhanced as a result of or prescribed burning; the acreage period was longer or shorter than what the project and the basis for the treated to decrease insect, disease, or is common with conventional timber conclusion. fire risks, and/or to enhance forest sale or service contract projects. Social Criteria will include: health; and the acreage of noxious and/ Social Criteria will include: (6) An assessment as to whether the or exotic weed control. For each (14) The individuals and/or groups dynamics of the collaborative process treatment that is applied, the local Data (other than the Forest Service) who permitted all interested parties to Inventory teams with gather data on the collaborated in planning, implementing, participate and the basis for the accomplishments realized to date using or monitoring the project, and the conclusion. regular appropriations, the exchange of manner in which they were selected. (7) An assessment as to whether and goods for services, or retained receipts. (15) The roles that each collaborator how collaboration facilitated planning, Economic Criteria will include: performed. implementing, and monitoring for the (4) The total project costs, and the Administrative Criteria will include: project. breakdown of these costs into the (16) The new processes and/or Administrative Criteria will include: following categories: formal project procedures that were used in (8) An assessment as to whether planning and NEPA (including citizen/ connection with the project. The difficulties were experienced in public involvement in the process); possibilities to be considered include: interpreting or implementing the sale/contract preparation; sale/contract awarding of contracts on a ‘‘best value’’ Section 347 authorities. administration; citizen involvement basis (specify how ‘‘best value’’ was (9) An assessment as to whether the (during project implementation); determined); designation by project planning and implementation monitoring, evaluation & reporting prescription; end results contracting; timelines were being met and what (including citizen involvement in this exchange of goods for services; retention contributed to that outcome. process); and other (to be specified). of receipts; use of an appraisal method (10) An assessment as to how the new (5) The funding of project other than standard procedures (method processes and/or procedures that were implementation, and the breakdown of to be specified); offering sales tested in this project compare to the this funding into the following (appraised value of over $10,000) Forest Service’s conventional timber categories: exchange of goods for without advertisement; using state sale or service contract authorities. As services; retained receipts; regular foresters as federal agents; using service appropriate, in making that appropriations; cooperator contributions contracts of over 5 years duration; using determination, the teams will consider (cash); cooperator contributions contract logging with subsequent sale of the following performance variable: (materials or in-kind services); and other the cut products; or using some other attractiveness to potential bidders; funding sources (to be specified). For new process or procedure (to be fairness to potential bidders; appropriated funds, the local Data specified). implications for the Forest Service’s Inventory teams will show the amounts Criteria for the Local Assessment and ability to maintain accountability for the provided from each of the Forest Evaluation Teams. The local treatments being applied and the forest Service’s recognized fund codes. Assessment and Evaluation teams will products being removed; implications (6) The types and amounts of forest use the evidence compiled by the local for the Forest Service’s ability to products produced, including: Data Inventory teams to, as a minimum, implement ecosystem management sawtimber; pulpwood; posts and poles; address the 14 criteria that follow. The projects efficiently and effectively; and different types of special forest Assessment and Evaluation teams may implications for the Forest Service’s products (ferns, pine boughs, pine consider any additional criteria that ability to successfully manage small straw, mushrooms, etc.). In all they deem relevant. diameter, under-utilized material; the instances, productt amounts will be Biophysical Criteria will include: ease of administration; the agency’s expressed in terms of commonly (1) An assessment as to whether the ability to help meet the needs of rural, recognized units. stated purposes and needs for the resource dependent communities; and (7) The total project receipts, and the project were fulfilled and the basis for their performance with regard to any proportion of these receipts attributable the conclusion. other indicators deemed to be relevant. to: timber products; special forest (2) An assessment as to whether the (11) An assessment as to how useful products; and other products (to be resource management objectives of the the new, tested authorities were overall specified). project were realized and an and the team’s recommendations for (8) The disposition of the project explanation for the conclusion. applying the authorities more broadly. receipts, showing the amounts: returned (3) An assessment as to whether the (12) An assessment as to what other to Treasury; exchanged for services; Forest Service was able to do a better job legislative, regulatory, or administrative retained and reinvested; or distributed of ecosystem management by giving a changes would have helped make the in some other manner (to be specified). single contractor the responsibility for a project more effective.

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(13) An assessment as to what type of dependent communities (jobs, FOR FURTHER INFORMATION CONTACT: contractual non-compliance problems environmental conditions, economic Morton Schnabel, Director, Office of occurred, if any, and how expeditiously infrastructure, etc.). Export Trading Company Affairs, they were resolved. Administrative Criteria will include: International Trade Administration, (14) A recommendation as to what Based on the collective experience of (202) 482–5131. This is not a toll-free should be done differently on another the pilots: number. pilot project. (8) An assessment as to what SUPPLEMENTARY INFORMATION: Title III of Criteria for the National Advisory difficulties were experienced in the Export Trading Company Act of Committee. The National Advisory interpreting or implementing the 1982 (‘‘the Act’’) (15 U.S.C. 4011–21) Committee will be required to address Section 347 authorities. authorizes the Secretary of Commerce to the following nine criteria. Some of the (9) An assessment as to how the new issue export trade certificates of review. criteria are the same as those asked at processes and/or procedures that were The regulations implementing Title III the local level. Where this is the case, tested compare to the Forest Service’s (‘‘the Regulations’’) are found at 15 CFR the duplication is deliberate and reflects conventional timber sale or service part 325. Pursuant to this authority, a the belief that these criteria have contract authorities. As appropriate, in certificate of review was issued on relevancy at both levels. The national making these determinations, the October 19, 1988 to ADMI. team members, like their local committee will consider the following A certificate holder is required by law counterparts, will be free to address performance variables: attractiveness to (Section 308 of the Act, 15 U.S.C. 4018) other criteria that they deem to be potential bidders; fairness to potential to submit to the Department of relevant; however, it is worth noting bidders; implications for the Forest Commerce annual reports that update that their ability to do so may be Service’s ability to maintain financial and other information relating constrained by the nature of the data accountability for the treatments being to business activities covered by its compiled locally. applied and the forest products being certificate. The annual report is due Biophysical Criteria will include: removed; implications for the Forest within 45 days after the anniversary Based on the collective experience of Service’s ability to implement date of the issuance of the certificate of the pilot projects; ecosystem management projects review (Sections 325.14(a) and (b) of the (1) A determination as to whether the efficiently and effectively; implications Regulations). Failure to submit a stated purposes and needs for the for the Forest Service’s ability to complete annual report may be the basis projects were fulfilled and an successfully manage small diameter, for revocation. (Sections 325.10(a) and explanation for the conclusion. under-utilized material; ease of 325.14(c) of the Regulations). (2) A determination as to whether the administration; ability to help meet the resource management objectives of the The Department of Commerce sent to needs of rural, resource dependent ADMI on October 9, 1998, a letter projects were realized and the basis for communities; and any other indicators the conclusion. containing annual report questions with deemed to be relevant. a reminder that its annual report was (3) An assessment as to whether the Lastly, the National Advisory Forest Service was able to do a better job due on December 3, 1998. Additional Committee will make a recommendation reminders were sent on February 10, of ecosystem management by giving a for which of the new authorities that single contractor the responsibility for a 1999, and on March 16, 1999. The were tested appear to warrant broader Department has received no written ‘‘bundled group’’ of resource work application on a permanent basis. activities (e.g., timber extraction, response to any of these letters. watershed restoration, habitat Dated: August 10, 1999. On August 11, 1999, and in improvement, and road obliteration) on Phil Janik, accordance with Section 325.10 (c)(1) of the project area and an explanation for Acting Chief. the Regulations, a letter was sent by the conclusion. [FR Doc. 99–21247 Filed 8–16–99; 8:45 am] certified mail to notify ADMI that the Department was formally initiating the Economic Criteria will include: Based BILLING CODE 3410±11±M on the collective experience of the process to revoke its certificate. The pilots: letter stated that this action is being (4) A determination as to whether any taken because of the certificate holder’s of the new processes and procedures DEPARTMENT OF COMMERCE failure to file an annual report. In accordance with Section that were tested appear to represent International Trade Administration effective ways to create new or enhance 325.10(c)(2) of the Regulations, each existing employment or entrepreneurial Export Trade Certificate of Review certificate holder has thirty days from opportunities in local communities. the day after its receipt of the (5) A determination of what AGENCY: International Trade notification letter in which to respond. administrative costs were incurred at Administration, Commerce. The certificate holder is deemed to have the regional and national levels in order ACTION: Notice of initiation of process to received this letter as of the date on to carry out the stewardship pilots. revoke export trade certificate of review which this notice is published in the Social Criteria will include: Based on No. 88–00011. Federal Register. For good cause shown, the collective experience of the pilots: the Department of Commerce can, at its (6) An assessment as to what steps SUMMARY: The Secretary of Commerce discretion, grant a thirty-day extension were taken to ensure that regional and/ issued an export trade certificate of for a response. or national publics were not excluded or review to Abdullah Diversified If the certificate holder decides to placed at a disadvantage in the Marketing, Inc. (‘‘ADMI’’). Because this respond, it must specifically address the collaborative process, and a certificate holder has failed to file an Department’s statement in the determination of whether the steps annual report as required by law, the notification letter that it has failed to file taken were effective. Department is initiating proceedings to an annual report. It should state in (7) A determination as to the potential revoke the certificate. This notice detail why the facts, conduct, or for stewardship contracting to improve summarizes the notification letter sent circumstances described in the the quality of life within local resource- to ADMI. notification letter are not true, or if they

VerDate 18-JUN-99 10:31 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\A17AU3.043 pfrm01 PsN: 17AUN1 44690 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Notices are, why they do not warrant revoking Including Central Lab Testing and Blood DEPARTMENT OF DEFENSE the certificate. If the certificate holder Screening/Typing, specifically does not respond within the specified excluding Point-of-Care Patient Test Program for Negotiation of period, it will be considered an Monitoring, (2) Drug Discovery Comprehensive Small Business admission of the statements contained Including Combinatorial Chemistry and Subcontracting Plans in the notification letter (Section High Throughput Screening AGENCY: Department of Defense (DoD). 325.10(c)(2) of the Regulations). Applications. ACTION: Notice of test program. If the answer demonstrates that the FOR FURTHER INFORMATION CONTACT: material facts are in dispute, the J. Terry Lunch, National Institute of SUMMARY: The Department of Defense is Department of Commerce and the Standards and Technology, Office of amending its Test Program for Department of Justice shall, upon Technology Partnerships, 100 Bureau Negotiation of Comprehensive Small request, meet informally with the Drive, Stop 2200, Gaithersburg, MD Business Subcontracting Plans to reflect certificate holder. Either Department 20899–2200. the implementation of the HUBZone Act may require the certificate holder to of 1997 in the Federal Acquisition provide the documents or information SUPPLEMENTARY INFORMATION: The that are necessary to support its prospective exclusive license will be Regulation (FAR) which results in the contentions (Section 325.10(c)(3) of the royalty-bearing and will comply with addition of HUBZone small businesses Regulations). the terms and conditions of 35 U.S.C. to the categories of small business The Department shall publish a notice 209 and 37 CFR 404.7. The prospective concerns that must be addressed by in the Federal Register of the revocation exclusive license may be granted unless, comprehensive small business or modification or a decision not to within sixty days from the date of this subcontracting plans. revoke or modify (Section 325.10(c)(4) published Notice, NIST receives written EFFECTIVE DATE: August 17, 1999. of the Regulations). If there is a evidence and argument which establish FOR FURTHER INFORMATION CONTACT: Mr. determination to revoke a certificate, that the grant of the license would not Ivory Fisher, Office of Small and any person aggrieved by such final be consistent with the requirements of disadvantaged Business Utilization, decision may appeal to an appropriate 35 U.S.C. 209 and 37 CFR 404.7. The OUSD (A&T) SADBU, 1777 North Kent U.S. district court within 30 days from availability of the invention for Street, Suite 9100, Arlington, VA 22209, the date on which the Department’s licensing was published in the Federal telephone (703) 588–8616, telefax (703) final determination is published in the Register, Vol. 57, No. 226 (November 588–7561. Federal Register (Sections 325.10(c)(4) 23, 1992). NIST and Kalibrant Limited SUPPLEMENTARY INFORMATION: and 325.11 of the Regulations). may enter into a Cooperative Research and Development Agreement (CRADA) A. Background Dated: August 11, 1999. to further development of the invention. Morton Schnabel, In accordance with Section 834 of U.S. Patent application 07/917,426 is Public Law 101–189, as amended, the Director, Office of Export Trading Company owned by the U.S. Government, as Affairs. Department of Defense (DoD) represented by the Secretary of [FR Doc. 99–21258 Filed 8–16–99; 8:45 am] established a Test Program for Commerce. The present invention negotiation of Comprehensive Small BILLING CODE 3510±DR±P relates to a method of immunoanalysis Business Subcontracting Plans (the that combines immobilized Program) to determine whether the use immunochemistry with the technique of DEPARTMENT OF COMMERCE of comprehensive subcontracting plans flow injection analysis, and employs on a corporate, division, or plant-wide National Institute of Standards and microscopic spherical structures called basis would increase subcontracting Technology liposomes, or lipid vesicles, as carriers opportunities for small business of detectable reagents. Liposomes are concerns. DoD is amending the Program Notice of Prospective Grant of modified on their surface with to implement the requirements to Exclusive Patent License analytical reagents, and carry in their Section 822 of the National Defense internal volume a very large number of AGENCY: Authorization Act for Fiscal Year 1998 National Institute of Standards fluorescent or electroactive molecules. and Technology, Commerce. (Public Law 105–85). The amendments Aspects of this embodiment of the (1) provide for subcontracts that are SUMMARY: This is a notice in accordance invention include chemistry for awarded by participating contractors with 35 U.S.C. 209(c)(1) and 37 CFR covalent immobilization of antibody performing as subcontractors, under 404.7(a)(1)(i) that the National Institute fragments in a specified orientation, the DoD contracts, to be included in of Standards and Technology (‘‘NIST’’), use of liposomes in a flow injection comprehensive small business U.S. Department of Commerce, is analysis system, and with reusable subcontracting plans, and (2) extend the contemplating the grant of an exclusive immunoreactants. Another aspect of the Program through September 30, 2000. license in the United States of America, invention involves the non-covalent Ivory Fisher, its territories, possessions and binding of liposomes to a receptor for Office of Small and Disadvantaged Business commonwealths, to NIST’s interest in use in a homogeneous assay. In another the invention embodied in U.S. Patent Utilization. aspect of the invention the intensity of The revised test plan is as follows: 5,389,523, titled, ‘‘Liposome scattered light is quantitated as a Immunoanalysis By Flow Injection measure of liposome aggregation in Test Program for Negotiation of Assay’’, filed July 23, 1992; NIST Docket response to a concentration-dependent Comprehensive Small Business No. 92–054C to Kalibrant Limited, immunospecific reaction. Subcontracting Plans having a place of business at 2 Oakwood Drive, Loughborough Park, Loughboro, Dated: August 9, 1999. I. Purpose Leics LE11 3NH, United Kingdom. The Karen H. Brown, This document implements Section grant of the license would be for the Deputy Director. 834 of Public Law 101–189, the National following fields of use (1) Human [FR Doc. 99–21205 Filed 8–16–99; 8:45 am] Defense Authorization Act for Fiscal Clinical Diagnostics and Prognostics BILLING CODE 3510±13±M Years 1990 and 1991, as amended. The

VerDate 18-JUN-99 10:31 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\A17AU3.172 pfrm01 PsN: 17AUN1 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Notices 44691 primary purpose of the Comprehensive preceding fiscal year, except that a HUBZone small business, small Small Business Subcontracting Plan division or plant that historically disadvantaged business and women- Test Program (the Program) is to reported through a higher-level division, owned small business concerns. determine whether the negotiation and but would meet the criteria of paragraph B. Subcontracting plans to be administration of comprehensive small III(B)(2), shall be permitted to established under the Program shall be business subcontracting plans will participate in the Program if the lower- submitted each year by participating reduce administrative burdens on level division, plant or profit center can contractors to the designated contracting contractors while enhancing demonstrate a 5 percent or greater officer 45 days prior to the end of the subcontracting opportunities for small subcontract performance level with SDB Government’s fiscal year (September business concerns and small business concerns; 30). However, new contractors concerns owned and controlled by 3. Have reported to DoD on the SF 295 requesting participation under the socially and economically for the previous fiscal year, except as Program shall submit contracting plans disadvantaged individuals under provided in paragraph III(C)(2); to the contracting officer as far in Department of Defense (DoD) contracts. 4. Accept an SDB goal for each fiscal advance as possible to the beginning of year of not less than 5 percent, or an the fiscal year in which the contractor II. Authority SDB goal that is in accordance with the proposes to participate. The Program is established pursuant milestone established under paragraph to Section 834 of the National Defense III(B)(2); V. Procedures Authorization Act for Fiscal Years 1990 5. Comply with the requirements of A. The Service Acquisition Executive and 1991, as amended. Defense Federal Acquisition Regulation within each military department and Supplement (DFARS) Section 215.605 defense agency having contractors that III. Program Requirements for source selection purposes; meet the requirements of paragraphs III A. The Program shall be conducted 6. Offer a broad range of (B) and (C) shall designate at least three from October 1, 1990, through subcontracting opportunities; but not more than five contracting September 30, 2000. 7. Voluntarily agree to participate; activities to participate in the Program. B. The selection of contractors for and In selecting the contracting activities to participation in the Program shall be in 8. Have at least one active contract participate in the Program, the Service accordance with Section 811(b)(3) of the that requires a subcontracting plan at Acquisition Executive shall ensure that National Defense Authorization Act For the designated DoD buying activity the designated activities cover a broad Fiscal Year 1996, Public Law 104–106. responsible for negotiating the range of supplies and services. Eligible contractors are large business Comprehensive Subcontracting Plan. B. The designated contracting activity concerns at the major (total) corporate IV. Elements of the Comprehensive will accomplish the following: level that, during the preceding fiscal 1. With the coordination of the Small Business Subcontracting Plan year: Director, Office of Small and 1. Were performing under at least A. The comprehensive small business Disadvantaged Business Utilization, for three DoD prime contracts; furnished subcontracting plan shall address each their military department or defense supplies or services (including of the 11 elements set forth in paragraph agency, select as many eligible prime professional services) to DoD, engaged (d) of the clause at FAR 52.219–9, contractors (at least five) for in research and development for DoD, or ‘‘Small Business Subcontracting Plan.’’ participation under the Program as performed construction for DoD; and 1. The subcontracting plan, deemed appropriate. were paid $5,000,000 or more for such percentage and corresponding dollar 2. Establish a ‘‘Comprehensive Small contract activities; and goals for awards to small business, Business Subcontracting Plan’’ 2. Achieved a small disadvantaged HUBZone small business, small negotiating team(s) composed as business (SDB) subcontracting disadvantaged business and women- follows: participation rate of 5 percent or more owned small business concerns shall be a. A contracting officer(s) who will be during the preceding fiscal year. developed by the contractor for its responsible for negotiation and approval However, this requirement does not entire business operation in support of of the comprehensive subcontracting apply to the eight original contractors all DoD contracts and subcontracts plan(s) as well as the responsibilities at accepted into the Program. under DoD contacts regardless of dollar FAR 19.705. Additionally, a large business with an value. b. The contracting activity’s Small SDB subcontracting participation rate of 2. Participating contractors shall and Disadvantaged Business Utilization less than 5 percent during the preceding include separate specific goals and Specialist. fiscal year may request, through the timetables for the awarding of c. The Small and Disadvantaged designated contracting activity, to subcontracts in two industry categories Business Utilization Specialist of the participate in the Program if the firm which have not historically been made cognizant contract administration submits a detailed plan with milestones available to small business and small activity that administers the leading to attainment of at least a 5 disadvantaged business concerns. These preponderance of the selected prime percent SDB subcontracting industry categories will be contractor’s contracts and/or the participation rate by September 30, recommended by the contractor and appropriate individuals who will 2000. approved by the contracting officer. administer contractor performance C. Contractors selected for Subcontract awards made in support of under the test in accordance with FAR participation shall: the specific industry categories shall 19.706 and the provisions herein. 1. Be eligible in accordance with also count towards attainment of the d. Production specialist, price analyst paragraph III(B); overall small business and small and other functional specialists as 2. Establish their comprehensive disadvantaged business goals. appropriate. subcontracting plans on the same 3. The subcontracting plan shall set C. The designated contracting officer corporate, division or plant-wide basis forth the prime contractor’s actions to shall: under which they submitted the publicize prospective subcontract 1. Encourage prime contractors Standard Form (SF) 295 during the opportunities for small business, interested in participating in the

VerDate 18-JUN-99 10:31 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\A17AU3.066 pfrm01 PsN: 17AUN1 44692 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Notices program to enter the program on a plant The report distribution will be in Office of the Deputy Under Secretary of or facility basis. accordance with paragraph VI(A). Defense (Acquisition and Technology), 2. Solicit proposed comprehensive D. Participating contractors: 1777 North Kent Street, Suite 9100, subcontracting plans from selected 1. Shall establish their comprehensive Arlington, VA 22209. contractor(s) as soon as possible and by subcontracting plans on the same 2. Director, Small and Disadvantaged July 1, annually thereafter. corporate, division or plant-wide basis Business Utilization, for the military 3. By October 1, and annually under which they submitted the SF 295 department or defense agency of the thereafter, review, negotiate and during the preceding fiscal year, except activity that negotiated and accepted the approve on behalf of DoD a that those contractors that historically comprehensive subcontracting plan. comprehensive subcontracting plan for reported through a higher headquarters 3. The cognizant contract each selected contractor. can elect to participate as a separate administration office. 4. Distribute copies of the approved (lower-level) reporting profit center, B. Each participating contractor shall subcontracting plan in accordance with plant or division if the contractor complete the SF 295 ‘‘Summary paragraph VI(A). achieved an SDB subcontracting Subcontract Report’’ in accordance with 5. Upon negotiation and acceptance of performance rate of 5 percent or greater the instructions on the back of the form the comprehensive subcontracting plan, in the preceding fiscal year. on a semi-annual basis, except as noted obtain from the contractor: 2. Upon negotiation of an acceptance below: a. A listing of all active DoD contracts comprehensive subcontracting plan, 1. One copy of the SF 295 and that contain individual subcontracting shall be exempt from individual attachments shall be submitted to plans required by Section 211 of Public contract-by-contract reporting Director, Office of Small and Law 95–507. requirements for DoD contracts and Disadvantaged Business Utilization, b. The listing shall include the subcontracts under DoD contracts Office of the Deputy Under Secretary of following: unless otherwise required in accordance Defense (Acquisition and Technology), i. Contract number. with paragraph III(C)(5). 1777 North Kent Street, Suite 9100, ii. Name and address of the 3. Shall continue individual contract Arlington, VA 22209. contracting activity. reporting on non-DoD contracts. 2. Participating contractors shall enter iii. Contracting officer’s name and 4. Shall comply with the flow-down in Item 14 Remarks block the annual phone number. provisions of Section 211 of Public Law corporate, division or plant-wide small 6. Upon receipt of the information 95–507 for large business subcontractors business, small disadvantaged business provided by the participating contractor which are not participating in the and women-owned small business under paragraph V(C)(4), direct the Program. Consequently, large business percentage and corresponding dollar designated administrative contracting concerns which are not participating in goals. officer to issue a comprehensive change the Program receiving a DoD 3. Participating contractors shall also order, which modifies all of the subcontract in excess of $500,000 enter separately in Item 14 the contractor’s active DoD contracts that ($1,000,000 for construction) are percentage and corresponding dollar include subcontracting plans. The required to adopt a plan similar to that goals for each of the two selected modification will substitute the mandated by the clause at FAR 52.219– industry categories (see paragraph contractor’s approved comprehensive 9. Participating contractors are IV(A)(2)). subcontracting plan for the individual prohibited from flowing down the 4. Participating contractors shall also plans, will substitute the clause at ‘‘Comprehensive’’ subcontracting enter separately in Item 14 on a semi- DFARS 252.219–7004 for the clause at deviation provisions of DFARS annual cumulative basis the percentage FAR 52.219–9, and will delete the 252.219–7004. Accordingly, large and corresponding dollar amount of clauses at FAR 52.219–10 and 52.219– business subcontractors to the subcontract awards made in each of the 16 and DFARS 252.219–7003 and participating contractors who two selected industry categories. 252.219–7005, as appropriate. themselves are not participating in the 5. Participating contractors shall be 7. Review annually, with the contract Program shall be required to establish exempt from the completion of SF 294 administration activity, the contractor’s individual subcontracting plans with ‘‘Subcontract Report For Individual performance under the plan. Document specific goals for awards to small Contracts’’ for DoD contracts during the review findings and distribute, in business, small disadvantaged business their participation in the Program. accordance with paragraph VI(A), and women-owned small business within 45 days of the end of the fiscal concerns. Dated: August 11, 1999. year. 5. Upon expulsion from the Program L.M. Bynum, 8. By November 15 of the year after or Program termination on September Alternate OSD Federal Register, Liaison acceptance, and annually thereafter, 30, 2000, shall negotiate and establish Officer, Department of Defense. determine whether the contractor has individual subcontracting plans on all [FR Doc. 99–21232 Filed 8–16–99; 8:45 am] met its comprehensive subcontracting future DoD contracts that otherwise BILLING CODE 5001±10±M goals. If the goals have not been met, meet the requirements of Section 211 of determine whether there is any Public Law 95–507. indication that the contractor failed to DEPARTMENT OF DEFENSE make a good faith effort and take VI. Monitoring and Reporting of appropriate action. Comprehensive Subcontracting Plans Office of the Secretary 9. By December 15, 2000, prepare and and Goals submit a report on each participating A. Upon negotiation and acceptance Submission for OMB Review; contractor’s performance which details of comprehensive subcontracting plans Comment Request the results of the Program. The report and goals, the designated activity shall ACTION: Notice. must compare the contractor’s immediately forward one copy of the performance under the Program with its plan to each of the following: The Department of Defense has performance for the three fiscal years 1. Director, Office of Small and submitted to OMB for clearance, the prior to acceptance into the Program. Disadvantaged Business Utilization, following proposal for collection of

VerDate 18-JUN-99 10:31 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\A17AU3.068 pfrm01 PsN: 17AUN1 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Notices 44693 information under the provisions of the Respondent’s Obligation: Required to DEPARTMENT OF DEFENSE Paperwork Reduction Act (44 U.S.C. Obtain or Retain Benefits. Office of the Secretary Chapter 35). OMB Desk Officer: Ms. Allison Eydt. Title, Associated Form, and OMB [Transmittal No. 99±27] Number: Armed Forces Health Written comments and recommendations on the proposed Professions Loan Repayment Program 36(b)(1) Arms Sales Notification Loan Information and Verification information collection should be sent to Form; DD Form 2801; OMB Number Ms. Eydt at the Office of Management AGENCY: Department of Defense, Defense 720—[To Be Determined]. and Budget, Desk Officer for DoD Security Cooperative Agency. Type of Request: New Collection. (Health Affairs), Room 10235, New ACTION: Notice. Number of Respondents: 100. Executive Office Building, Washington, Responses per Respondent: 1. DC 20503. SUMMARY: The Department of Defense is Annual Responses: 100. DOD Clearance Officer: Mr. Robert publishing the unclassified text of a Average Burden Per Response: 30 section 36(b)(1) arms sales notification. Cushing. minutes. This is published to fulfill the Annual Burden Hours: 50. Written requests for copies of the requirements of section 155 of P.L. 104– Needs and Uses: Title 10, U.S.C., information collection proposal should 164 dated 21 July 1996. requires applicants to submit this form, be sent to Mr. Cushing, WHS/DIOR, FOR FURTHER INFORMATION CONTACT: Ms. to their Service representative, prior to 1215 Jefferson Davis Highway, Suite J. Hurd, DSCA/COMPT/RM, (703) 604– participation in the Health Loan 1204, Arlington, VA 22202–4302. 6575. Repayment Program (HPLR). Lenders Dated: August 11, 1999. The following is a copy of a letter to will verify the data submitted and Patricia L. Toppings, the Speaker of the House of respond back to the Service Representatives, Transmittal 99–27 with Alternate OSD Federal Register Liaison Representative. All loans must meet attached transmittal, policy justification, Officer, Department of Defense. federal standards and be approved by and Sensitivity of Technology. the Defense Finance and Accounting [FR Doc. 99–21233 Filed 8–16–99; 8:45 am] Dated: August 11, 1999. Service prior to disbursement of funds. BILLING CODE 5001±10±M Affected Public: Individuals or L.M. Bynum, households; Business or Other For- Alternate OSD Federal Register Liaison Profit. Officer, Department of Defense. Frequency: On occasion. BILLING CODE 5001±10±M

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[FR Doc 99–21234 Filed 8–16–99; 8:45 am] on current defense issues, retired senior Defense and the Under Secretary of BILLING CODE 5001±10±C military officers and former government Defense for Acquisition and Technology officials. on scientific and technical matters as FOR FURTHER INFORMATION: Contact Mjr. they affect the perceived needs of the DEPARTMENT OF DEFENSE Cheryl Shumate, Defense Policy Board Department of Defense. Advisory Committee, (703) 697–4557. Persons interested in further Office of the Secretary information should call Commander Dated: August 11, 1999. Brian D. Hughes at (703) 695–4157. Renewal of the Defense Policy Board Linda M. Bynum, Advisory Committee Alternate OSD Federal Register Liaison Dated: August 11, 1999. Officer, Department of Defense. L.M. Bynum, SUMMARY: The Defense Policy Board was [FR Doc. 99–21230 Filed 8–16–99; 8:45 am] Alternate OSD Federal Register Liaison renewed, effective August 3, 1999, in Officer, Department of Defense. BILLING CODE 5000±10±M consonance with the public interest, [FR Doc. 99–21231 Filed 8–16–99; 8:45 am] and in accordance with the provisions BILLING CODE 5001±10±M of Pub. L. 92–463, the ‘‘Federal DEPARTMENT OF DEFENSE Advisory Committee Act.’’ The DPBAC provides the Secretary of Office of the Secretary DEPARTMENT OF DEFENSE Defense, Deputy Secretary of Defense and Under Secretary of Defense (Policy) Defense Science Board Task Force on Office of the Secretary advice on a wide range of critical issues, Improving Fuel Efficiency of Weapons including arms control, the momentous Platforms; Meeting Executive Committee Meeting of the changes in Europe and Russia, the Defense Advisory Committee on ACTION: Notice of advisory committee future prospects for conflict or Women in the Services (DACOWITS) meeting. cooperation in East Asia, and the AGENCY: Department of Defense, situation in the Persian Gulf and SUMMARY: The Defense Science Board Advisory Committee on Women in the Southwest Asia. Task Force on Improving Fuel Services. The DPBAC will continue to be Efficiency of Weapons Platforms will ACTION: Notice. composed of a balanced membership of meet in open session on August 17–18, approximately twenty five persons, 1999 at the Institute for Defense SUMMARY: Pursuant to Section 10(a), including representatives of academia, Analyses in Alexandria, Virginia. Public Law 92–463, as amended, notice active managers of high technology The mission of the Defense Science is hereby given of a forthcoming enterprises, eminent analysts working Board is to advise the Secretary of Quarterly Executive Committee Meeting

VerDate 18-JUN-99 16:08 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\17AUN1.XXX pfrm03 PsN: 17AUN1 44698 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Notices of the Defense Advisory Committee on ACTION: Amend records systems. ROUTINE USES OF RECORDS MAINTAINED IN THE Women in the Services (DACOWITS). SYSTEM, INCLUDING CATEGORIES OF USERS AND The purpose of the Executive SUMMARY: The U.S. Marine Corps THE PURPOSES OF SUCH USES: Committee Meeting is to review the proposes to amend systems of records in Delete the second, third, and fourth responses to the recommendations and its inventory of record systems subject paragraphs. requests for information adopted by the to the Privacy Act of 1974 (5 U.S.C. * * * * * committee at the DACOWITS 1999 552a), as amended. Spring Conference. DATES: These actions will be effective SYSTEM MANAGER(S) AND ADDRESS: Delete entry and replace with DATES: September 13, 1999, 8:00 a.m.– without further notice on September 16, 4:00 p.m. 1999 unless comments are received ‘Commandant of the Marine Corps (Code MMSR-6), Headquarters, U.S. ADDRESSES: which result in a contrary OSD Conference Room Marine Corps, 3280 Russell Road, 1E801, The Pentagon, Washington, DC. determination. ADDRESSES: Send comments to the Quantico, VA 22134-5103.’ FOR FURTHER INFORMATION CONTACT: * * * * * Major Susan E. Kolb, ARNGUS, Head, FOIA and Privacy Act Section, Headquarters, U.S. Marine Corps, 2 DACOWITS and Military Women MMN00002 Matters, OASD (Force Management Navy Annex, Washington, DC 20380– Policy), 4000 Defense Pentagon, Room 1775. SYSTEM NAME: 3D769, Washington, DC 20301–4000; FOR FURTHER INFORMATION CONTACT: Ms. Listing of Retired Marine Corps telephone (703) 697–2122. B. L. Thompson at (703) 614–4008 or Personnel. DSN 224–4008. SUPPLEMENTARY INFORMATION: Meeting SYSTEM LOCATION: SUPPLEMENTARY INFORMATION: agenda: The U.S. Marine Corps record system notices for Commandant of the Marine Corps Monday September 13, 1999 records systems subject to the Privacy (Code MMSR-6), Headquarters, U.S. Marine Corps, 3280 Russell Road, Time and Event Act of 1974 (5 U.S.C. 552a), as amended, have been published in the Federal Quantico, VA 22134-5103.’ 8:00 a.m.—Chair Commences Meeting, Register and are available from the Acting AASD(FMP) Remarks, CATEGORIES OF INDIVIDUALS COVERED BY THE address above. SYSTEM: Introduction of Executive Committee The proposed actions are not within All retired members of the Marine And MilReps/Liaisons (1E801–Rms 2 the purview of subsection (r) of the and 3) Corps, including those former Marines Privacy Act (5 U.S.C. 552a), as in the receipt of disability benefits from 8:15 a.m.—Submarine Personnel amended, which would require the Assignment (Forces Development and the Department of Veterans Affairs. # submission of a new or altered system Utilization RFI 1) (1E801–Rms 2 and report for each system. The specific CATEGORIES OF RECORDS IN THE SYSTEM: 3) (Open to Public) changes to the record systems being The system is a microfiche listing 9:15 a.m.—Break amended are set forth below followed derived from automated sources 9:30 a.m.—TRICARE PRIME Access # by the notices, as amended, published depicting the retiree’s name, Social (Quality of Life RFI 2) (1E801–Rms 2 in their entirety. Security Number, grade, mailing and 3) (Open to Public) Dated: August 11, 1999. address and retirement component 11:00 a.m.—Break code. 11:30 a.m.—Offical Luncheon with L. M. Bynum, DSCPERS (DACOWITS Members AUTHORITY FOR MAINTENANCE OF THE SYSTEM: only) Alternate OSD Federal Register Liaison Officer, Department of Defense 5 U.S.C. 301, Departmental 1:15 p.m.—Study of Investigative Regulations; 10 U.S.C. 5013, Secretary Practices of Military Criminal MMN00002 of the Navy; 10 U.S.C. 5041, Investigative Organizations Relating Headquarters, Marine Corps. To Sex Crimes (Quality of Life RFI#1) SYSTEM NAME: (1E801–Rms 2 and 3) (Open to Public) Listing of Retired Marine Corps PURPOSE(S): 2:30 p.m.—Break Personnel (February 22, 1993, 58 FR To provide a record of all retired 2:45 p.m.—EEO Survey Questions 10630). members for use in determination of (Open to Public) benefits and entitlements as a retiree. 3:15 p.m.—Fall Conference Overview CHANGES: ROUTINE USES OF RECORDS MAINTAINED IN THE and Wrap Up (Open to Public) * * * * * 4:00 p.m.—Depart the Pentagon SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: SYSTEM LOCATION: Dated: August 11, 1999. In addition to those disclosures Delete entry and replace with L.M. Bynum, generally permitted under 5 U.S.C. ‘Commandant of the Marine Corps Alternate OSD Federal Register Liaison 552a(b) of the Privacy Act, these records (Code MMSR-6), Headquarters, U.S. Officer, Department of Defense. or information contained therein may Marine Corps, 3280 Russell Road, [FR Doc. 99–21229 Filed 8–16–99; 8:45 am] specifically be disclosed outside the Quantico, VA 22134-5103.’ BILLING CODE 5001±10±M DoD as a routine use pursuant to 5 * * * * * U.S.C. 552a(b)(3) as follows: Leatherneck Magazine and Marine AUTHORITY FOR MAINTENANCE OF THE SYSTEM: DEPARTMENT OF DEFENSE Corps Gazette - For maintaining their Delete entry and replace with ‘5 mailing lists of subscribers to these Marine Corps U.S.C. 301, Departmental Regulations; semi-official, professional publications. 10 U.S.C. 5013, Secretary of the Navy; The ‘Blanket Routine Uses’ set forth at Privacy Act of 1974; System of 10 U.S.C. 5041, Headquarters, Marine Records the beginning of the Marine Corp’s Corps.’ compilation of systems of records AGENCY: Marine Corps, DoD. * * * * * notices apply to this system.

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POLICIES AND PRACTICES FOR STORING, RECORD SOURCE CATEGORIES: which a written waiver for enlistment RETRIEVING, ACCESSING, RETAINING, AND Staff agencies and subdivisions of has been requested; Platoon Leader DISPOSING OF RECORDS IN THE SYSTEM: Headquarters, U.S. Marine Corps and Class Candidates receiving financial STORAGE: the Department of Veterans Affairs. assistance while attending college; all Controlled distribution microfiche individuals applying for various officer EXEMPTIONS CLAIMED FOR THE SYSTEM: programs; Marine Corps Reserve listing. Stock copies maintained in None. locked room. enlistees who are serving on their 6 MMN00034 months active duty prior to return to RETRIEVABILITY: Organized Marine Corps Reserve unit Listing in alphabetical order, with SYSTEM NAME: maintaining their record; Personnel officer personnel listed separate from Personnel Procurement Working Files enlisted in the Marine Corps Reserve enlisted personnel. (February 22, 1993, 58 FR 10630). assigned to a formal school upon enlistment; Secondary school students SAFEGUARDS: CHANGES: who participated in the Marine Corps Building employs security guards. * * * * * Youth Physical Fitness meet held Distribution is strictly controlled. annually in Washington, DC, and the SYSTEM LOCATION: coach fielding each team; any RETENTION AND DISPOSAL: After the words ‘Personnel individual recommended for enlistment Destroyed upon being superseded by Procurement Branch,’ add in the Marine Corps by a recruiting updated monthly listing. ‘Commanding General, Marine Corps officer even though the applicant does Recruit Depots/Western and Eastern not meet the enlistment requirements SYSTEM MANAGER(S) AND ADDRESS: Recruiting Region.’ set forth in current guidance as set forth Commandant of the Marine Corps * * * * * by the Commandant of the Marine (Code MMSR-6), Headquarters, U.S. Corps. Marine Corps, 3280 Russell Road, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Quantico, VA 22134-5103. Delete entry and replace with ‘5 CATEGORIES OF RECORDS IN THE SYSTEM: U.S.C. 301, Departmental Regulations; All files contain name (last, first, NOTIFICATION PROCEDURE: 10 U.S.C. 5013, Secretary of the Navy; middle, (maiden, if any), Jr., Sr.), Social Individuals seeking to determine 10 U.S.C. 5041, Headquarters, Marine Security Number, home of record. Files whether information about themselves Corps.’ relating specifically to enlistment or is contained in this system should * * * * * officer procurement contain citizenship, address written inquiries to the sex, race, ethnic group, present address, Commandant of the Marine Corps (Code RETRIEVABILITY: marital status, number of dependents, MMSR-6), Headquarters, U.S. Marine Delete the entry and replace with date of birth, religious reference, highest Corps, 3280 Russell Road, Quantico, VA ‘Information retrieved alphabetically by grade completed, selective service 22134-5103. the last name of individual, according to system data, foreign language and skill, The letter should contain the full program.’ driver’s license information, mental and name and signature of the requester. * * * * * aptitude test results, medical Individuals may visit the installation examination result, delayed enlistment at 3280 Russell Road, Quantico, VA RETENTION AND DISPOSAL: program information, accession data, 22134-5103 on normal work days Delete entry and replace with educational experience, citizenship between 8:00 a.m. and 4:30 p.m. Proof ‘Records maintained for two years from verification, history of prior military of identification may consist of application, then they are destroyed.’ service, names of relatives to include individual’s active, reserve or retired * * * * * date and place of birth, present address identification card, Armed Forces and citizenship, listing of commercial Report of Transfer or Discharge (DD MMN00034 life insurance policies and number, relatives and alien friends living in Form 214), discharge certificate, driver’s SYSTEM NAME: foreign countries to include name and license or other data sufficient to ensure Personnel Procurement Working that the individual is the subject. relationship, age, occupation, address Files. and citizenship, all previous residences RECORD ACCESS PROCEDURES: SYSTEM LOCATION: since 10th birthday, previous Individuals seeking access to Headquarters, U.S. Marine Corps, employment record to include company information about themselves contained Personnel Procurement Branch, name and address, job title and in this system should address written Commanding General, Marine Corps supervisor’s name, data concerning inquiries to the Commandant of the Recruit Depots/Western and Eastern previous employment by foreign Marine Corps (Code MMSR-6), Recruiting Region, Marine Corps governments, prior membership in Headquarters, U.S. Marine Corps, 3280 Districts, Recruiting Stations, Officer youth programs, history of foreign Russell Road, Quantico, VA 22134-5103. Selection Offices, Organized Marine travel. Declarations from the individual The letter should contain the full Corps Reserve units, U.S. Marine Corps concerning; previous rejection by the name and signature of the requester. recruiting substations, Inspector- Armed Forces of the United States, Instructor staff. conscientious objector status, previous CONTESTING RECORD PROCEDURES: deserter status, retired pay, disability The USMC rules for contesting CATEGORIES OF INDIVIDUALS COVERED BY THE allowance, or severance pay or a contents and appealing initial agency SYSTEM: pension from the Government of the determinations are published in Civilians and prior service United States, status as only child; Secretary of the Navy Instruction individuals who are prospective understandings by the applicant; date of 5211.5; Marine Corps Order P5211.2; 32 applicants for enlistment in the Marine interview and name, organization, title CFR part 701; or may be obtained from Corps, Marine Corps Reserve or a of interviewer; history of prior use of the system manager. Marine Officer program, individuals on drugs except as prescribed by a licensed

VerDate 18-JUN-99 10:31 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\A17AU3.174 pfrm01 PsN: 17AUN1 44700 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Notices physician; martial status and POLICIES AND PRACTICES FOR STORING, determinations are published in dependency; membership in groups for RETRIEVING, ACCESSING, RETAINING, AND Secretary of the Navy Instruction purpose of unlawful overthrow of the DISPOSING OF RECORDS IN THE SYSTEM: 5211.5; Marine Corps Order P5211.2; 32 Government; history and record of STORAGE: CFR part 701; or may be obtained from involvement with police or judicial Paper and electronic records. the system manager. authorities; parental/guardian consent RETRIEVABILITY: RECORD SOURCE CATEGORIES: for enlistment; enlistment options; current income; whether own, buying or Information retrieved alphabetically High school lists, DD 214’s prospect renting present residence; outstanding by the last name of individual, interviews/referrals, local newspapers, debts to include total amounts and according to program. youth fitness programs, individual contacts, Marine Corps officials. monthly payments; status of savings SAFEGUARDS: account and checking account; spouses’ Access is limited to Reserve unit EXEMPTIONS CLAIMED FOR THE SYSTEM: employment and monthly income; command, recruiting, and None. police checks, character references; administrative personnel and law record of prior service; court enforcement or Federal agents upon MIL00019 documents; marriage certificates; birth presentation of proper credentials. certificates; record of medical record of After working hours the office and SYSTEM NAME: medical examination; record of building is locked. Equipment and Weapons Receipt or examination; record of medical history; Custody Files (February 22, 1993, 58 FR consultations statement of personal RETENTION AND DISPOSAL: 10630). history; divorce decrees; death Records maintained for two years certificates; photographs; high school from application, then they are CHANGES: diploma; college diploma; grade destroyed. * * * * * transcript; General Educational SYSTEM MANAGER(S) AND ADDRESS: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Development certificates of high school Commander of unit holding file. U.S. Delete entry and replace with ‘5 equivalency; sole surviving son Marine Corps official mailing addresses statements; statement of understanding; U.S.C. 301, Departmental Regulations; are incorporated into the Department of 10 U.S.C. 5013, Secretary of the Navy; wife’s consent form; applications for the Navy’s address directory, published General Educational Development 10 U.S.C. 5041, Headquarters, Marine as an appendix to the Navy’s Corps.’ certificates of high school equivalency. compilation of systems of records Files relating to Marine Corps personnel notices. * * * * * on active duty contain information MIL00019 pertaining to name, Social Security NOTIFICATION PROCEDURE: Number, sex, unit of assignment, home Individuals seeking to determine SYSTEM NAME: whether information about themselves of record, education, Armed Services Equipment and Weapons Receipt or is contained in this system should Vocational Aptitude Battery Test scores, Custody Files. vision, military occupational specialty address written inquiries to or visiting training information, Quota Serial the Commander of unit holding file. SYSTEM LOCATION: U.S. Marine Corps official mailing Number, training authorized. System is decentralized. Records are addresses are incorporated into the maintained at Marine Corps commands, Department of the Navy’s address AUTHORITY FOR MAINTENANCE OF THE SYSTEM: organizations, or activities that issue directory, published as an appendix to said equipment or weapons. 5 U.S.C. 301, Departmental the Navy’s compilation of systems of Regulations; 10 U.S.C. 5013, Secretary records notices. CATEGORIES OF INDIVIDUALS COVERED BY THE of the Navy; 10 U.S.C. 5041, Provide full name and military status. SYSTEM: Headquarters, Marine Corps. Proof of identity may be established by System contains name, rank, Social military identification card or DD 214 or Security Number, unit address, and PURPOSE(S): driver’s license. date. To provide a record on individuals for RECORD ACCESS PROCEDURES: CATEGORIES OF RECORDS IN THE SYSTEM: use in the execution of Official duties Individuals seeking access to with regard to personnel procurement. information about themselves contained This file contains name, rank, Social in this system should address written Security Number, itemized list of ROUTINE USES OF RECORDS MAINTAINED IN THE inquiries to or visiting the Commander equipment issued, date issued, and SYSTEM, INCLUDING CATEGORIES OF USERS AND of unit holding file. U.S. Marine Corps possibly unit and section/Department to THE PURPOSES OF SUCH USES: official mailing addresses are which assigned. incorporated into the Department of the In addition to those disclosures AUTHORITY FOR MAINTENANCE OF THE SYSTEM: generally permitted under 5 U.S.C. Navy’s address directory, published as 5 U.S.C. 301, Departmental 552a(b) of the Privacy Act, these records an appendix to the Navy’s compilation Regulations; 10 U.S.C. 5013, Secretary or information contained therein may of systems of records notices. of the Navy; 10 U.S.C. 5041, specifically be disclosed outside the Provide full name and military status. Headquarters, Marine Corps. DoD as a routine use pursuant to 5 Proof of identity may be established by military identification card or DD 214 or U.S.C. 552a(b)(3) as follows: PURPOSE(S): driver’s license. The ‘Blanket Routine Uses’ set forth at To provide a record of individuals the beginning of the Marine Corp’s CONTESTING RECORD PROCEDURES: who have government property in their compilation of systems of records The USMC rules for contesting possession for use in the management of notices apply to this system. contents and appealing initial agency that property.

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ROUTINE USES OF RECORDS MAINTAINED IN THE RECORD SOURCE CATEGORIES: Letter of Appointment/Authorization SYSTEM, INCLUDING CATEGORIES OF USERS AND Information is entered by visual - These files include the date, name, THE PURPOSES OF SUCH USES: certification of property, issued and grade, Social Security Number, In addition to those disclosures identification presented by individual. description of duties/authorizations and generally permitted under 5 U.S.C. sample signature. 552a(b) of the Privacy Act, these records EXEMPTIONS CLAIMED FOR THE SYSTEM: Voucher Files - Cash Collection - This or information contained therein may None. file includes the name, grade, Social specifically be disclosed outside the MIL00021 Security Number, unit, description of DoD as a routine use pursuant to 5 sales and signature. U.S.C. 552a(b)(3) as follows: SYSTEM NAME: Voucher Files - Investigations - This The ‘Blanket Routine Uses’ set forth at Working Files, Division Supply file includes the name, grade, Social the beginning of the Marine Corp’s Sections and Wing Supply Sections Security Number of investigating officer, compilation of systems of records (February 22, 1993, 58 FR 10630). subject, serial number, date notices apply to this system. investigation received, date sent to unit CHANGES: for correction (if applicable), due date to POLICIES AND PRACTICES FOR STORING, * * * * * be returned and remarks. File also RETRIEVING, ACCESSING, RETAINING, AND contains a copy of the investigation. DISPOSING OF RECORDS IN THE SYSTEM: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Special Order Clothing - This file STORAGE: Delete entry and replace with ‘5 includes the name, rank, Social Security U.S.C. 301, Departmental Regulations; Number, msg number, individual unit, Paper records in binder, file folder, 10 U.S.C. 5013, Secretary of the Navy; box, vertical card file, or index cards. and remarks regarding receipt of 10 U.S.C. 5041, Headquarters, Marine clothing. RETRIEVABILITY: Corps.’ Base Property Log - Contains a list of Records are filed alphabetically by * * * * * names of personnel who have lost and paid for government property. name. RETENTION AND DISPOSAL: Serialized Blank Forms Register - Delete the last two paragraphs and SAFEGUARDS: Contains a listing of personnel by name replace with ‘Investigations - Two years After working hours, the office and who issue/receive serialized blank after the end of the fiscal year in which forms. building are locked. A guard is located the investigation as completed. All files in the general vicinity. Quarterly Inventory of Sets, Chests are destroyed after being maintained the and Kits - Contains a file of inventories RETENTION AND DISPOSAL: required time.’ made on contents of sets, chests and kits These records are destroyed upon the * * * * * including the name, rank and Social return of the property listed. MIL00021 Security Number of the individual inventorying property. SYSTEM MANAGER(S) AND ADDRESS: SYSTEM NAME: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Commanding officer of the activity. Working Files, Division Supply Sections and Wing Supply Sections. 5 U.S.C. 301, Departmental NOTIFICATION PROCEDURE: Regulations; 10 U.S.C. 5013, Secretary Individuals seeking to determine SYSTEM LOCATION: of the Navy; 10 U.S.C. 5041, whether information about themselves Division Supply Section, Regiments, Headquarters, Marine Corps. Battalions, Separate Companies, Wing is contained in this system should PURPOSE(S): address written inquiries to the Supply Sections, Groups, Separate To provide a record, by units, of Commanding officer of the activity. Squadrons supplies, property and responsible Provide full name and military status. CATEGORIES OF INDIVIDUALS COVERED BY THE property management personnel for Proof of identity may be established by SYSTEM: maintenance and accountability of military identification card or DD Form Personnel responsible for government government property. 214 and drivers license. property, reimbursing government for damages/loss of property. ROUTINE USES OF RECORDS MAINTAINED IN THE RECORD ACCESS PROCEDURES: SYSTEM, INCLUDING CATEGORIES OF USERS AND Individuals seeking access to CATEGORIES OF RECORDS IN THE SYSTEM: THE PURPOSES OF SUCH USES: information about themselves contained Equipment Custody Records (ECR) - In addition to those disclosures in this system should address written This file contains the date, voucher generally permitted under 5 U.S.C. inquiries to the Commanding officer of number, remarks, quantity, signature, 552a(b) of the Privacy Act, these records the activity. control number, description and unit. or information contained therein may Provide full name and military status. Memorandum Receipt for Individual/ specifically be disclosed outside the Proof of identity may be established by Garrison Equipment (IMR) - This file DoD as a routine use pursuant to 5 military identification card or DD Form includes the name, grade, Social U.S.C. 552a(b)(3) as follows: 214 and drivers license. Security Number, date, organization, The ‘Blanket Routine Uses’ set forth at signature and unit. the beginning of the Marine Corp’s CONTESTING RECORD PROCEDURES: Memorandum Receipt for Individual compilation of systems of records The USMC rules for contesting Weapons and Accessories - This file notices apply to this system. contents and appealing initial agency includes the name, grade, Social determinations are published in Security Number, organization, POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND Secretary of the Navy Instruction signature and unit. DISPOSING OF RECORDS IN THE SYSTEM: 5211.5; Marine Corps Order P5211.2; 32 Personal Effects Log - This file CFR part 701; or may be obtained from includes the date, name, Social Security STORAGE: the system manager. Number, grade and signature. ECR - Vertical file cards.

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IMR; Individual Weapons and is contained in this system should 10 U.S.C. 5041, Headquarters, Marine Accessories, Special Clothing - card file. address written inquiries to the Division Corps.’ Personal Effects; Investigation; Base Supply Officers, Marine Corps Division; * * * * * Property Log; Serialized Blank Forms Wing Supply Officers, Marine Corps Register-Log Book. Aircraft Wings. U.S. Marine Corps RETENTION AND DISPOSAL: Letters of Appointment/ official mailing addresses are Delete entry and replace with ‘Files Authorization; Voucher Files, incorporated into the Department of the maintained for two years after case investigations; Quarterly inventories of Navy’s address directory, published as closed, then retired to Federal Records Sets, Chests and Kits - paper records in an appendix to the Navy’s compilation Center.’ file folders. of systems of records notices. * * * * * RETRIEVABILITY: Written requests for information MJA00003 ECR - filed by unit or responsible should contain the full name and grade officer. of the individual as well as the unit to SYSTEM NAME: IMR; Individual Weapons and which he is/was attached which would Magistrate Court Case Files. Accessories; Special Clothing - filed reflect information pertaining to him. alphabetically by name. SYSTEM LOCATION: RECORD ACCESS PROCEDURES: Personal Effects, Investigation Log; All Marine Corps activities. Letter of Appointment/Authorization; Individuals seeking access to Voucher Files; Base Property Log; information about themselves contained CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Serialized Blank Form Register; in this system should address written Quarterly Inventory of Sets, Chests and inquiries to the Division Supply Civilians pending and tried by the Kits - as it occurs by name. Officers, Marine Corps Division; Wing assigned Federal magistrate for crimes Supply Officers, Marine Corps Aircraft committed on military reservation. SAFEGUARDS: Wings. U.S. Marine Corps official CATEGORIES OF RECORDS IN THE SYSTEM: IMR; Individual Weapons and mailing addresses are incorporated into Accessories Records - maintained in the Department of the Navy’s address Investigative reports, complaints, secured area within armories accessible directory, published as an appendix to summons and warrants. only to personnel authorized to be in the Navy’s compilation of systems of AUTHORITY FOR MAINTENANCE OF THE SYSTEM: the area. records notices. ECR; Personal Effects Log; Letters of 5 U.S.C. 301, Departmental Written requests for information Regulations; 10 U.S.C. 5013, Secretary Authority; Voucher Files; Investigations; should contain the full name and grade Special Clothing; Base Property Log; of the Navy; 10 U.S.C. 5041, of the individual as well as the unit to Headquarters, Marine Corps. Serialized Blank Forms Register; which he is/was attached which would Quarterly Inventory of Sets, Chests and reflect information pertaining to him. PURPOSE(S): Kits - Personnel within supply/S–4 To provide a record of summons, sections authorized access, no special CONTESTING RECORD PROCEDURES: warrants, investigative reports and safeguard implemented. The USMC rules for contesting complaints for use by military RETENTION AND DISPOSAL: contents and appealing initial agency prosecutors in the preparation of cases ECR; IMR; Weapons Custody Records; determinations are published in of trial. Special Clothing retain until Secretary of the Navy Instruction ROUTINE USES OF RECORDS MAINTAINED IN THE accountable balance is zero. 5211.5; Marine Corps Order P5211.2; 32 CFR part 701; or may be obtained from SYSTEM, INCLUDING CATEGORIES OF USERS AND Personal Effects Log; Quarterly THE PURPOSES OF SUCH USES: Inventory of Sets, Chests and Kits - one the system manager. In addition to those disclosures year. RECORD SOURCE CATEGORIES: Letters of Appointment/Authorization generally permitted under 5 U.S.C. - five (5) years. Individual and/or individual’s SRB or 552a(b) of the Privacy Act, these records Voucher Files; Investigation Log; Base OQR or other listing unit may have or information contained therein may Property Log; Serialized Blank Forms - which contains required information. specifically be disclosed outside the two years. Incoming messages for Special Order DoD as a routine use pursuant to 5 Investigations - Two years after the Clothing. U.S.C. 552a(b)(3) as follows: end of the fiscal year in which the Base Locator. The ‘Blanket Routine Uses’ set forth at investigation as completed. Completed investigations submitted. the beginning of the Marine Corp’s All files are destroyed after being compilation of systems of records maintained the required time. EXEMPTIONS CLAIMED FOR THE SYSTEM: notices apply to this system. None. SYSTEM MANAGER(S) AND ADDRESS: POLICIES AND PRACTICES FOR STORING, Division Supply Officers, Marine MJA00003 RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: Corps Division; Wing Supply Officers, SYSTEM NAME: Marine Corps Aircraft Wings. U.S. STORAGE: Marine Corps official mailing addresses Magistrate Court Case Files (February Paper records in file folders. are incorporated into the Department of 22, 1993, 58 FR 10630). the Navy’s address directory, published RETRIEVABILITY: CHANGES: as an appendix to the Navy’s Filed alphabetically by name. compilation of systems of records * * * * * Conventional indices are required for retrieval. notices. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: NOTIFICATION PROCEDURE: Delete entry and replace with ‘5 SAFEGUARDS: Individuals seeking to determine U.S.C. 301, Departmental Regulations; Maintained in file cabinet in locked whether information about themselves 10 U.S.C. 5013, Secretary of the Navy; building.

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RETENTION AND DISPOSAL: RETENTION AND DISPOSAL: Doors are locked and full-time security Files maintained for two years after Delete entry and replace with ‘File guards are employed after normal case closed, then retired to Federal maintained by command until civil working hours. Records Center. action resolved, then incorporated into RETENTION AND DISPOSAL: Official Military Personnel File SYSTEM MANAGER(S) AND ADDRESS: (OMPF).’ On discharge personnel, record incorporated into administrative Commanding officer of activity * * * * * concerned. U.S. Marine Corps official discharge file. Others retained for two mailing addresses are incorporated into MJA00004 years after completion of calendar year the Department of the Navy’s address in which processed, then destroyed in directory, published as an appendix to SYSTEM NAME: accordance with the Navy and Marine the Navy’s compilation of systems of In Hands of Civil Authorities Case Corps Records Disposal Manual. Files. records notices. SYSTEM MANAGER(S) AND ADDRESS: NOTIFICATION PROCEDURE: SYSTEM LOCATION: Staff Judge Advocate or legal officer of Individuals seeking to determine All Marine Corps activities. the activity concerned. whether information about themselves CATEGORIES OF INDIVIDUALS COVERED BY THE NOTIFICATION PROCEDURE: is contained in the system should SYSTEM: Individuals seeking to determine address written inquires to the All military personnel who are in whether information about themselves Commanding Officer of the Marine hands of civil authorities or have is contained in this system should Corps installation concerned. U.S. charges pending against them by civil address written inquiries to the Staff Marine Corps official mailing addresses authorities. Judge Advocate or legal officer of the are incorporated into the Department of activity concerned. U.S. Marine Corps the Navy’s address directory, published CATEGORIES OF RECORDS IN THE SYSTEM: official mailing addresses are as an appendix to the Navy’s Civil court documents, advise to incorporated into the Department of the compilation of systems or records respondent, health statements/ Navy’s address directory, published as notices. certificates, written agreement releasing an appendix to the Navy’s compilation the Marine to civilian authorities and RECORD ACCESS PROCEDURES: of systems of records notices. supporting documents pertaining to Requester must be able to provide Individuals seeking access to individual. information about themselves contained satisfactory identifying information. in this system should address written AUTHORITY FOR MAINTENANCE OF THE SYSTEM: RECORD ACCESS PROCEDURES: inquiries to the Commanding officer of 5 U.S.C. 301, Departmental Individuals seeking to access activity concerned. U.S. Marine Corps Regulations and 10 U.S.C. 814. information about themselves contained official mailing addresses are PURPOSE(S): in this system should address written incorporated into the Department of the inquiries to the Staff Judge Advocate or To provide a record of Marines in the Navy’s address directory, published as legal officer of the activity concerned. hands of civil authorities for use in the an appendix to the Navy’s compilation U.S. Marine Corps official mailing administrative processing of such of systems of records notices. addresses are incorporated into the individuals. CONTESTING RECORD PROCEDURES: Department of the Navy’s address ROUTINE USES OF RECORDS MAINTAINED IN THE directory, published as an appendix to The USMC rules for contesting SYSTEM, INCLUDING CATEGORIES OF USERS AND the Navy’s compilation of systems of contents and appealing initial agency THE PURPOSES OF SUCH USES: records notices. determinations are published in Requester must be able to provide Secretary of the Navy Instruction In addition to those disclosures satisfactory identifying information. 5211.5; Marine Corps Order P5211.2; 32 generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records CFR part 701; or may be obtained from CONTESTING RECORD PROCEDURES: the system manager. or information contained therein may specifically be disclosed outside the The USMC rules for contesting RECORD SOURCE CATEGORIES: DoD as a routine use pursuant to 5 contents and appealing initial agency determinations are published in Law enforcement reports, bad check U.S.C. 552a(b)(3) as follows: The ‘Blanket Routine Uses’ set forth at Secretary of the Navy Instruction transmittal letters from Government 5211.5; Marine Corps Order P5211.2; 32 agencies. the beginning of the Marine Corp’s compilation of systems of records CFR part 701; or may be obtained from EXEMPTIONS CLAIMED FOR THE SYSTEM: notices apply to this system. the system manager. None. POLICIES AND PRACTICES FOR STORING, RECORD SOURCE CATEGORIES: MJA00004 RETRIEVING, ACCESSING, RETAINING, AND Warrant for arrest, service records, DISPOSING OF RECORDS IN THE SYSTEM: health records, civil court documents, SYSTEM NAME: STORAGE: law enforcement personnel and various In Hands of Civil Authorities Case DOD agencies. Paper records in file folders. Files (February 22, 1993, 58 FR 10630). EXEMPTIONS CLAIMED FOR THE SYSTEM: RETRIEVABILITY: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: None. Filed alphabetically by last name of Delete entry and replace with ‘5 individual by calendar year in which MJA00005 U.S.C. 301, Departmental Regulations; processing is completed. 10 U.S.C. 5013, Secretary of the Navy; SYSTEM NAME: 10 U.S.C. 5041, Headquarters, Marine SAFEGUARDS: Financial Assistance/Indebtedness/ Corps.’ Files are stored in filing cabinets Credit Inquiry Files (February 22, 1993, * * * * * accessible only to authorized personnel. 58 FR 10630).

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CHANGES: The ‘Blanket Routine Uses’ set forth at CFR part 701; or may be obtained from * * * * * the beginning of the Marine Corp’s the system manager. compilation of systems of records AUTHORITY FOR MAINTENANCE OF THE SYSTEM: notices apply to this system. RECORD SOURCE CATEGORIES: Delete entry and replace with ‘5 Previous and current commanders, POLICIES AND PRACTICES FOR STORING, U.S.C. 301, Departmental Regulations; private individuals and commercial RETRIEVING, ACCESSING, RETAINING, AND 10 U.S.C. 5013, Secretary of the Navy, creditors. 10 U.S.C. 5041, Headquarters, Marine DISPOSING OF RECORDS IN THE SYSTEM: Corps.’ STORAGE: EXEMPTIONS CLAIMED FOR THE SYSTEM: * * * * * Paper records in file folders. None. RETENTION AND DISPOSAL: RETRIEVABILITY: [FR Doc. 99–21235 Filed 8–16–99; 8:45 am] Delete entry and replace with Records are retrieved by name and BILLING CODE 5001±10±F ‘Records maintained two years after Social Security Number of the issue closed, then destroyed.’ individual concerned. DEPARTMENT OF DEFENSE SYSTEM MANAGER(S) AND ADDRESS: SAFEGUARDS: Defense Security Service Add to entry ‘U.S. Marine Corps File accessible only to authorized official mailing addresses are personnel in the execution of their Privacy Act of 1974; System of incorporated into the Department of the official duties. Maintained in locked Records Navy’s address directory, published as building with full time duty personnel an appendix to the Navy’s compilation present during non-working hours. AGENCY: Defense Security Service, DoD. of systems of records notices.’ ACTION: Notice to Amend Systems of RETENTION AND DISPOSAL: * * * * * Records. Records maintained two years after MJA00005 issue closed, then destroyed. SUMMARY: The Defense Security Service SYSTEM NAME: SYSTEM MANAGER(S) AND ADDRESS: (DSS) is amending existing Privacy Act systems of records notices in its existing Financial Assistance/Indebtedness/ U.S. Marine Corps official mailing Credit Inquiry Files. inventory of record systems subject to addresses are incorporated into the the Privacy Act of 1974, (5 U.S.C. 552a), SYSTEM LOCATION: Department of the Navy’s address as amended. All Marine Corps activities. directory, published as an appendix to the Navy’s compilation of systems of In addition, the name of the agency is CATEGORIES OF INDIVIDUALS COVERED BY THE records notices. being changed to ‘DEFENSE SECURITY SYSTEM: SERVICE’ in the preamble to the Marines identified as owing debts NOTIFICATION PROCEDURE: agency’s compilation of systems of and/or having dependents requiring Individuals seeking to determine records notices. financial aid. whether information about themselves DATES: The actions will be effective on is contained in this system should September 16, 1999, comments are CATEGORIES OF RECORDS IN THE SYSTEM: address written inquiries to the received that would result in a contrary File contains name, rank, Social Commanding officer of activity determination. Security Number, military occupational concerned. U.S. Marine Corps official ADDRESSES: Send comments to Office of specialty component, marital and mailing addresses are incorporated into the General Counsel, Defense Security dependency status and supporting the Department of the Navy’s address Service, 1340 Braddock Place, documents pertaining to indebtedness, directory, published as an appendix to Alexandria, VA 22314-1651. financial assistance and credit inquiries. the Navy’s compilation of systems of FOR FURTHER INFORMATION CONTACT: Mr. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: records notices. Leslie Blake (703) 325-9450. 5 U.S.C. 301, Departmental Requester must be able to provide SUPPLEMENTARY INFORMATION: The Regulations; 10 U.S.C. 5013, Secretary satisfactory identifying information. Defense Security Service notices for of the Navy, 10 U.S.C. 5041, RECORD ACCESS PROCEDURES: systems of records subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, Headquarters, Marine Corps. Individuals seeking access to have been published in the Federal information about themselves contained PURPOSE(S): Register and are available from the in this system should address written To provide a record of Marines address above. identified as owing debts or having need inquiries to the Commanding officer of activity concerned. U.S. Marine Corps The specific changes to the record for financial aid for use in processing systems being amended are set forth correspondence relating to financial official mailing addresses are incorporated into the Department of the below followed by the notices, as assistance, credit inquiry or amended, published in their entirety. indebtedness. Navy’s address directory, published as an appendix to the Navy’s compilation The proposed amendments are not ROUTINE USES OF RECORDS MAINTAINED IN THE of systems of records notices. within the purview of subsection (r) of SYSTEM, INCLUDING CATEGORIES OF USERS AND Requester must be able to provide the Privacy Act of 1974, (5 U.S.C. 552a), THE PURPOSES OF SUCH USES: satisfactory identifying information. as amended, which requires the In addition to those disclosures submission of a new or altered system generally permitted under 5 U.S.C. CONTESTING RECORD PROCEDURES: report. 552a(b) of the Privacy Act, these records The USMC rules for contesting In addition, the name of the agency is or information contained therein may contents and appealing initial agency being changed to ‘DEFENSE SECURITY specifically be disclosed outside the determinations are published in SERVICE’ in the preamble to the DoD as a routine use pursuant to 5 Secretary of the Navy Instruction agency’s compilation of systems of U.S.C. 552a(b)(3) as follows: 5211.5; Marine Corps Order P5211.2; 32 records notices.

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Dated: August 11, 1999. affected by grievances, complaints, and SYSTEM MANAGER(S) AND ADDRESS: adverse actions. Defense Security Service, Chief, L. M. BYNUM, Employee Relations Office, 1340 CATEGORIES OF RECORDS IN THE SYSTEM: Alternate OSD Federal Register Liaison Braddock Place, Alexandria, VA 22314– Officer, Department of Defense. Case files and related records 1651. pertaining to administrative inquiries Deletions into allegations of misconduct, NOTIFICATION PROCEDURE: V4±06 statements of witnesses, employee’s Individuals seeking to determine SYSTEM NAME: statements, reports of interviews and whether information about themselves is contained in this system should Federal Personnel Management hearings, hearing notices, letters of address written inquiries to the Defense System (FPMS) (February 22, 1993, 58 decision, records of appeals and Security Service, Office of FOI and PA, FR 10904). reconsideration requests, reversals of 1340 Braddock Place, Alexandria, VA Reason: Records contained within this actions, notices of proposed action with 22314–1651. system of records are covered by supporting documents. multiple government-wide Privacy Act AUTHORITY FOR MAINTENANCE OF THE SYSTEM: RECORD ACCESS PROCEDURES: systems of records notices. 5 U.S.C. 301, Departmental Individuals seeking access to V7±02 Regulations, Chapter 77; and E.O. 9397 information about themselves contained (SSN). in this system should address written SYSTEM NAME: inquiries to the Defense Security Guest/Instructor Identification PURPOSE(S): Service, Office of FOI and PA, 1340 Records (February 22, 1993, 58 FR Records are used in the investigation Braddock Place, Alexandria, VA 22314- 10904). and preparation of a case for initial 1651. Reason: Records contained within this disposition, and possible subsequent Individuals need to provide full name system of records have been determinations in the event of appeal or and all maiden and alias names under incorporated into V7-01, entitled reconsideration. Records are available which files may be maintained. Note: ‘Enrollment, Registration and Course for use by the examiner of the original Social Security Numbers may be Completion Record’. case, or at the appellate level, both necessary for positive identification of within and outside DSS. certain records. V8±01 Personal visits will require a valid ROUTINE USES OF RECORDS MAINTAINED IN THE driver’s license or other picture SYSTEM NAME: SYSTEM, INCLUDING CATEGORIES OF USERS AND identification and are limited to the Industrial Personnel Security THE PURPOSES OF SUCH USES: Defense Security Service, Office of FOI Clearance File (February 22, 1993, 58 FR In addition to those disclosures and PA, 1340 Braddock Place, 10904). generally permitted under 5 U.S.C. Alexandria, VA 22314-1651. Reason: Records contained within this 552a(b) of the Privacy Act, these records system of records have been or information contained therein may CONTESTING RECORD PROCEDURES: incorporated into V5-03, entitled ‘Case specifically be disclosed outside the DSS’ rules for accessing records, Control Management System’. DoD as a routine use pursuant to 5 contesting contents, and appealing U.S.C. 552a(b)(3) as follows: initial agency determinations are Amendments contained in DSS Regulation 01–13; 32 V4±07 The ‘Blanket Routine Uses’ published at the beginning of DSS’ compilation of CFR part 321; or may be obtained from SYSTEM NAME: systems of records notices apply to this the Defense Security Service, Office of Adverse Actions, Grievance Files, and system. FOI and PA, 1340 Braddock Place, Administrative Appeals (August 9, Alexandria, VA 22314–1651. POLICIES AND PRACTICES FOR STORING, 1993, 58 FR 42304). RETRIEVING, ACCESSING, RETAINING, AND RECORD SOURCE CATEGORIES: CHANGES: DISPOSING OF RECORDS: Supervisors, complainants, * * * * * STORAGE: investigators, and appropriate law enforcement agencies. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Paper records in file folders. EXEMPTIONS CLAIMED FOR THE SYSTEM: Delete entry and replace with ‘5 RETRIEVABILITY: None. U.S.C. 301, Departmental Regulations, Filed alphabetically by name. Chapter 77; and E.O. 9397 (SSN).’ V4±11 * * * * * SAFEGUARDS: Records are maintained in locked SYSTEM NAME: V4±07 containers accessible only to authorized DSS Drug–Free Workplace Files SYSTEM NAME: personnel. (February 22, 1993, 58 FR 10904). Adverse Actions, Grievance Files, and RETENTION AND DISPOSAL: CHANGES: Administrative Appeals. Disciplinary action files are destroyed * * * * * four years after the case is closed. SYSTEM LOCATION: RETENTION AND DISPOSAL: Grievance and administrative appeals Defense Security Service, Employee Replace first sentence with ‘Records files are destroyed four years after the Relations Office, 1340 Braddock Place, are destroyed after two years.’ Alexandria, VA 22314–1651. case is closed. Letters of Reprimand are destroyed within two years of the date * * * * * CATEGORIES OF INDIVIDUALS COVERED BY THE the case is closed. Performance-based V4±11 SYSTEM: action files are destroyed one year after All agency employees and some the case is closed. Destruction is SYSTEM NAME: former employees who are directly accomplished by burning or shredding. DSS Drug–Free Workplace Files.

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SYSTEM LOCATION: POLICIES AND PRACTICES FOR STORING, identification and are limited to the RETRIEVING, ACCESSING, RETAINING, AND Defense Security Service, Office of FOI Defense Security Service, Employee DISPOSING OF RECORDS IN THE SYSTEM: Relations Office, 1340 Braddock Place, and PA, 1340 Braddock Place, STORAGE Alexandria, VA 22314-1651. Alexandria, VA 22314–1651. : Paper records are maintained in file CONTESTING RECORD PROCEDURES: CATEGORIES OF INDIVIDUALS COVERED BY THE folders. Electronic records exist on DSS’ rules for accessing records, SYSTEM: diskettes or other machine-readable contesting contents, and appealing media. Employees of, and applicants for initial agency determinations are positions with, the Defense Security RETRIEVABILITY: contained in DIS Regulation 01–13; 32 Service. Records are retrieved by employee or CFR part 321; or may be obtained from applicant name, Social Security the Defense Security Service, Office of CATEGORIES OF RECORDS IN THE SYSTEM: Number, collection site, and/or date of FOI and PA, 1340 Braddock Place, Alexandria, VA 22314–1651. Records relating to the selection, testing. RECORD SOURCE CATEGORIES notification, and urinalysis testing of SAFEGUARDS: : employees and applicants for illegal Paper records and diskettes are Urine specimen collection facilities, drug use; collection authentication and maintained in locked containers drug testing laboratories, Medical chain of custody documents; and accessible only to authorized personnel. Review Officers, and test subjects. laboratory test results. All employee and applicant records are EXEMPTIONS CLAIMED FOR THE SYSTEM: maintained and used with the highest None. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: regard for the individual’s privacy. Only 5 U.S.C. 7301 and 7361; Pub. L. 100– persons with a need-to-know and V5±01 71; E.O. 12564, Drug-Free Federal trained in the handling of information SYSTEM NAME: protected by the Privacy Act have access Workplace and 9397 (SSN); and Investigative Files System (February to the system. Department of Defense Directive 1010.9, 22, 1993, 58 FR 10904). DoD Civilian Employee Drug Abuse RETENTION AND DISPOSAL: Testing Program. CHANGES: Records are destroyed after two years. * * * * * PURPOSE(S): Records regarding applicants not accepted for employment will be SYSTEM NAME: The system contains Drug Program destroyed 6 months after the testing Delete entry and replace with Coordinator records on the selection, date. Destruction of paper records is ‘Personnel Security Investigative File notification, and testing (i.e., urine accomplished by shredding or burning. Automation Subsystem’. specimens, drug test results, chain of Electronic records are erased or custody records, etc.) of employees and overwritten. SYSTEM LOCATION: applicants for employment for illegal Delete entry and replace with drug use. SYSTEM MANAGER(S) AND ADDRESS: ‘Defense Security Service, Investigative Records contained in this system are Defense Security Service, Chief, Files Division, P.O. Box 46060, also used by the Defense Security Employee Relations Office, 1340 Baltimore, MD 21240-6060.’ Service’s Medical Review Officer; the Braddock Place, Alexandria, VA 22314– * * * * * 1651. Administrator of any Employee STORAGE: Assistance Program in which the NOTIFICATION PROCEDURE: Delete entry and replace with employee is receiving counseling or Individuals seeking to determine ‘Records are maintained on magnetic treatment or is otherwise participating; whether information about themselves media to include disk, tape and and supervisory or management officials is contained in this system should microfilm. Some paper records may still having authority to recommend or take address written inquiries to the Defense exist on cases which have not yet been adverse actions. Security Service, Office of FOI and PA, converted to magnetic media and on 1340 Braddock Place, Alexandria, VA records containing classified ROUTINE USES OF RECORDS MAINTAINED IN THE 22314–1651. information.’ SYSTEM, INCLUDING CATEGORIES OF USERS AND The individual must provide their full THE PURPOSES OF SUCH USES: name, Social Security Number, the title, RETRIEVABILITY: In addition to those disclosures series, and grade of the position they Delete entry and replace with generally permitted under 5 U.S.C. occupied or applied for when the drug ‘Information is retrieved Social Security 552a(b) of the Privacy Act, these records test was conducted, and the month and Number.’ or information contained therein may year of the test. SAFEGUARDS: specifically be disclosed outside the RECORD ACCESS PROCEDURES: Delete entry and replace with DoD as a routine use pursuant to 5 ‘Completed investigative records are U.S.C. 552a(b)(3) as follows: Individuals seeking access to records about themselves contained in this stored in secured areas accessible only In order to comply with provisions of system should address written inquiries to authorized DSS personnel who have 5 U.S.C. 7301, the DSS ‘Blanket Routine to the Defense Security Service, Office a need-to-know. Paper records are Uses’ do not apply to this system of of FOI and PA, 1340 Braddock Place, maintained in safes and locked rooms records. Alexandria, VA 22314-1651. and magnetic media records are To a court of competent jurisdiction The request for access must contain protected from access by ‘fail-safe’ where required by the United States the individual’s full name and Social system software. The entire building Government to defend against any Security Number. housing these records are controlled by challenge against any adverse personnel Personal visits will require a valid guards/visitor register.’ action. driver’s license or other picture * * * * *

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SYSTEM MANAGER(S) AND ADDRESS: Employment; DoD Directive 5105.42, POLICIES AND PRACTICES FOR STORING, Delete entry and replace with Defense Security Service; DoD Directive RETRIEVING, ACCESSING, RETAINING, AND ‘Defense Security Service, Director, 5200.2, Department of Defense DISPOSING OF RECORDS IN THE SYSTEM: Operations Center Baltimore, P.O. Box Personnel Security Program; DoD STORAGE: 46060, Baltimore, MD 21240-6060.’ Directive 5200.27 (Section IV A and B), Records are maintained on magnetic * * * * * Acquisition of Information Concerning media to include disk, tape and Persons and Organizations not Affiliated microfilm. Some paper records may still V5±01 with the Department of Defense; DoD exist on cases which have not yet been SYSTEM NAME: Directive 5220.6, Defense Industrial converted to magnetic media and on Personnel Security Clearance Program Personnel Security Investigative File records containing classified Review; DoD Directive 5220.28, information. Automation Subsystem. Application of Special Eligibility and RETRIEVABILITY SYSTEM LOCATION: Clearance Requirements in the SIOP-ESI : Defense Security Service, Program for Contractor Employees, and Information is retrieved Social Investigative Files Division, P.O. Box 18 U.S.C. 3056, Powers and Duties of Security Number. the Secret Service and E.O. 9397 (SSN). 46060, Baltimore, MD 21240-6060. SAFEGUARDS:

CATEGORIES OF INDIVIDUALS COVERED BY THE PURPOSE(S): Completed investigative records are SYSTEM: stored in secured areas accessible only To ensure that the acceptance or Military personnel who are active to authorized DSS personnel who have retention of persons in sensitive DoD a need-to-know. Paper records are duty; applicants for enlistment or positions or granting individuals appointment; members of Reserve units; maintained in safes and locked rooms including those employed in defense and magnetic media records are National guardsmen; DoD civilian industry access to classified information personnel who are paid from protected from access by ‘fail-safe’ is clearly consistent with national system software. The entire building appropriated funds; industrial or security. contractor personnel who are working housing these records are controlled by in private industry in firms which have To determine the loyalty, suitability, guards/visitor register. eligibility, and general trustworthiness contracts involving access to classified RETENTION AND DISPOSAL: DoD information or installations; Red of individuals for access to defense Retention of closed DSS investigative Cross personnel and personnel paid information and facilities. files is authorized for 15 years from nonappropriated funds who have To determine the eligibility and maximum, except as follows: suitability of individuals for entry into DoD affiliation; ROTC cadets; former (1) Files which have resulted in final and retention in the Armed Forces. military personnel; and individuals adverse action against an individual residing on, have authorized official To provide information pertinent to will be retained 25 years; access to, or conducting or operating the protection of persons under the (2) Files developed on persons who any business or other functions at any provisions of 18 U.S.C. 3056, Powers are being considered for affiliation with DoD installation or facility. and Duties of the Secret Service. the Department of Defense will be CATEGORIES OF RECORDS IN THE SYSTEM: For use in criminal law enforcement destroyed within one year if the Official Reports of Investigation investigations, including statutory affiliation is not completed. In cases (ROIs) prepared by DSS or other DoD, violations and counterintelligence as involving a pre-appointment federal, state, or local official well as counterespionage and other investigation, if the appointment is not investigative activities; industrial security matters. made due to information developed by security administrative inquiries (AISs). investigation, the file will be retained 25 Attachments to ROIs or AISs ROUTINE USES OF RECORDS MAINTAINED IN THE years upon notification from the SYSTEM, INCLUDING CATEGORIES OF USERS AND including exhibits, subject or requester for which the investigation THE PURPOSES OF SUCH USES: interviewee statements, police records, was conducted. If the appointment is medical records, credit bureau reports, In addition to those disclosures not made due to information developed employment records, education records, generally permitted under 5 U.S.C. by investigation, the file will be retained release statements, summaries of, or 552a(b) of the Privacy Act, these records 25 years upon notification from he extracts from other similar records or or information contained therein may requester for which the investigation reports. specifically be disclosed outside the was conducted. If the appointment is Case control and management DoD as a routine use pursuant to 5 not made for another reason not related documents which are not reports of U.S.C. 552a(b)(3) as follows: to the investigation, the file will be investigation, but which serve as the For maintenance and use by the destroyed within one year upon basis for investigation, or which serve to requesting activity when collected notification from the requesting agency guide and facilitate investigative during reciprocal investigations service; (3) Files concerning unauthorized activity, including documents providing conducted for other DoD and federal disclosure of classified information and the data to open and conduct the case; investigative elements. other specialized investigation files will and documents initiated by the subject. For dissemination to federal agencies DSS file administration and be retained for 15 years; and or other DoD components when management documents accounting for (4) Information within the purview of information regarding personnel the disclosure of, control of, and access the Department of Defense Directive security matters is reported by to a file. 5200.27, Acquisition of Information Information Summary Report. concerning Persons and Organizations AUTHORITY FOR MAINTENANCE OF THE SYSTEM: The ‘Blanket Routine Uses’ published not Affiliated with the Department of 5 U.S.C. 301, Departmental at the beginning of DSS’ compilation of Defense, is destroyed within one year Regulations; E.O. 10450, Security systems of records notices apply to this after acquisition by DSS unless its Requirements for Government system. retention is required by law or unless its

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General; Joint Staff; National retained for 60 days by DSS field Any other type of record deemed Reconnaissance Office; National elements. necessary to complete the DSS Security Agency; Naval Criminal investigation. Investigative Service; Navy Central SYSTEM MANAGER(S) AND ADDRESS: Adjudicative Facility; U.S. Coast Guard; Defense Security Service, Director, EXEMPTIONS CLAIMED FOR THE SYSTEM: Investigatory material compiled for and the Washington Headquarters Operations Center Baltimore, P.O. Box Services. For specific addresses of the 46060, Baltimore, MD 21240-6060. law enforcement purposes may be exempt pursuant to 5 U.S.C. 552a(k)(2). secondary locations, please contact the NOTIFICATION PROCEDURES: However, if an individual is denied any Primary location. Individuals seeking to determine right, privilege, or benefit for which he whether information about themselves would otherwise be entitled by Federal CATEGORIES OF RECORDS IN THE SYSTEM: is contained in this system should send law or for which he would otherwise be In 1st sentence delete ‘DCII MASTER written inquiries to the Defense Security eligible, as a result of the maintenance INDEX’. At the end of the 1st paragraph Service, Office of FOI and PA, 1340 of such information, the individual will add ‘The index may also include Braddock Place, Alexandria, VA 22314- be provided access to such information investigative record information/ 1615. except to the extent that disclosure clearance data submitted by other would reveal the identity of a RECORD ACCESS PROCEDURES: Federal agencies (i.e. National Security confidential source. Agency, Coast Guard).’ Individuals seeking access to Records maintained in connection In paragraph 5, add ‘NAC Histories information about themselves contained with providing protective services to the that were opened after January 4, 1999 in this system should address written President and other individuals under will reflect investigations for subjects inquires to the Defense Security Service, 18 U.S.C. 3506, may be exempt pursuant that do not require a clearance (e.g. Red Privacy Act Branch, PO Box 46060, to 5 U.S.C. 552a(k)(3). Baltimore, MD 21240-6060. Investigatory material compiled solely Cross or USO personnel being assigned A request for information must for the purpose of determining with the Armed Forces overseas).’ contain the full name and Social suitability, eligibility, or qualifications Replace paragraph 6 with Security Number of the subject for federal civilian employment, ‘CLEARANCE TRACING: A record of a individual. Personal visits will require a military service, federal contracts, or clearance determination by an valid driver’s license or other picture access to classified information may be adjudicative agency. It identifies the identification and are limited to the exempt pursuant to 5 U.S.C. 552a(k)(5), individual by name and personal Defense Security Service, Privacy Act but only to the extent that such material identifiers, the agency that submitted Branch, 881 Elkridge Landing Road, would reveal the identity of a the clearance entry, the date it was Linthicum, MD 21090-2902. confidential source. granted, the eligibility level of the CONTESTING RECORD PROCEDURES: An exemption rule for this record clearance, the level of access granted, system has been promulgated in the access granted date, the type and DSS’ rules for accessing records, accordance with the requirements of 5 date of the investigation that formed the contesting contents, and appealing U.S.C. 553(b)(1), (2), and (3), (c) and (e) basis for the clearance determination, initial agency determinations are and published in 32 CFR part 321. For the category of the subject, the contained in DSS Regulation 01–13; 32 additional information contact the separation date and any files used in the CFR part 321; or may be obtained from system manager. adjudicative process. the Defense Security Service, Office of FOI and PA, 1340 Braddock Place, V5±02 DCII IMPERSONAL TITLE TRACING: Alexandria VA 22314-1651. A record of organizations, contractor SYSTEM NAME: locations and incidents that were RECORD SOURCE CATEGORIES: Defense Central Index of subjects of DoD investigations or DSS Subjects of investigations, records of Investigations (DCII) (February 22, 1993, Facility NACs. There have been no new other DoD activities and components, 58 FR 10904). impersonal titles added to the DCII Federal, state, county, and municipal since April 19, 1997, when DSS stopped CHANGES: records, employment records of private conducting Facility NACs.’ * * * * * business and industrial firms. * * * * * Educational and disciplinary records of SYSTEM NAME: schools, colleges, universities, technical Delete entry and replace with STORAGE: and trade schools. Hospital, clinic, and ‘Defense Clearance and Investigations Delete entry and replace with ‘The other medical records. Index (DCII)’. Records of commercial enterprises DCII is stored on disk within a such as real estate agencies, credit SYSTEM LOCATION: Corporate Database (CDB). The CDB has bureaus, loan companies, credit unions, Delete entry and replace with a mirrored structure (duplicate file) to banks, and other financial institutions ‘Primary location: Defense Security provide immediate recovery in case of which maintain credit information on Service, Operation Center-Baltimore, disk failure. It is regularly backed up individuals. 881 Elkridge Landing Road, Linthicum, onto magnetic tape for storage as a The interview of individuals who are MD, 21090-2902. contingency in case of system of disk thought to have knowledge of the Secondary locations: Air Force failure.’ subject’s background and activities. (Headquarters 497th IG/INS); Air Force * * * * *

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SAFEGUARDS: CATEGORIES OF RECORDS IN THE SYSTEM: subjects of DoD investigations or DSS Delete entry and replace with ‘The The index is composed of Facility NACs. There have been no new DSS facility housing the DCII is investigations conducted by DoD impersonal titles added to the DCII protected by security personnel (guards) investigative organizations, locator since April 19, 1997, when DSS stopped at all times. Access to the computer references to such investigations, and conducting Facility NACs. room is controlled by combination lock security clearances granted by DoD AUTHORITY FOR MAINTENANCE OF THE SYSTEM: and identification badges, which are components. Records contain names issued only to authorized individuals. and other personal identifying 5 U.S.C. 301, Departmental Generalized validation is provided information on individuals, including Regulations; E.O. 10450, Security through online and batch edit criteria security clearance data on Department Requirements for Government that must be honored before an of Defense contractor employees who Employment; DoD Directive 5200.2, information request or update will are indexed. The index may also DoD Personnel Security Program (32 occur. Identification (account codes and include investigative record CFR part 156); DoD Directive 5105.42, passwords) and authentication is information/clearance data submitted by Defense Security Service; and E.O. 9397 required at the DSS firewall and again other Federal agencies (i.e. National (SSN). at the database before information can Security Agency, Coast Guard). PURPOSE(S): FILE TRACING: Reference to an be accessed. All data transfers and To determine the existence and information retrievals that use remote investigation maintained by one of the location of DoD investigative records for communication facilities are encrypted. investigative records repositories. It granting clearances, for access to Activities must be a part of DoD/Federal identifies the individual by name and defense installations, and for entry into Government and accredited on the basis personal identifiers, the custodian of the military service or employment in of authorized requirements before a new file, the year indexed, and the number sensitive civilian positions; and to terminal is established or before batch used by the repository to locate the file. reflect security clearance information request will be honored and processed. OPEN CASE TRACING: A record pertaining to DoD Components and Organizations authorized access are input by DoD investigative activities or Defense contractor personnel. responsible for ensuring that the National Security Agency reflecting individuals and organizations to whom the existence of an investigation in ROUTINE USES OF RECORDS MAINTAINED IN THE they disclose DCII information have progress. It identifies the subject SYSTEM, INCLUDING CATEGORIES OF USERS AND appropriate authority and need-to- individual by name and personal THE PURPOSES OF SUCH USES: know.’ identifiers, the location of the open In addition to those disclosures * * * * * investigation, the year indexed, and the generally permitted under 5 U.S.C. number used to locate the investigative 552a(b) of the Privacy Act, these records V5±02 number. or information contained therein may NAC PENDING TRACING: Record of SYSTEM NAME: specifically be disclosed outside the a National Agency Check (NAC) DoD as a routine use pursuant to 5 Defense Clearance and Investigations investigation in progress. It identifies Index (DCII). U.S.C. 552a(b)(3) as follows: the subject individual by name, The ‘Blanket Routine Uses’ published SYSTEM LOCATION: personal identifiers, the case number, at the beginning of DSS’ compilation of Primary location: Defense Security the category of the requester of the NAC, systems of records notices apply to this Service, Operation Center-Baltimore, and the type of NAC being run. system. 881 Elkridge Landing Road, Linthicum, NAC HISTORY TRACING: A record of POLICIES AND PRACTICES FOR STORING, MD, 21090-2902. completed favorable, or incomplete, national agency checks. It identifies the RETRIEVING, ACCESSING, RETAINING, AND Secondary locations: Air Force DISPOSING OF RECORDS IN THE SYSTEM: (Headquarters 497th IG/INS); Air Force individual by name and personal Office of Special Investigations; Army identifiers, the date the NAC was STORAGE: Central Clearance Facility; Army Crime completed, and the agencies that were The DCII is stored on disk within a Records Center; Army Investigative checked. NAC Histories that were Corporate Database (CDB). The CDB has Records Repository; Defense opened after January 4, 1999 will reflect a mirrored structure (duplicate file) to Intelligence Agency; Defense Office of investigations for subjects that do not provide immediate recovery in case of Hearings and Appeals; DoD Inspector require a clearance (e.g. Red Cross or disk failure. It is regularly backed up General; Joint Staff; National USO personnel being assigned with the onto magnetic tape for storage as a Reconnaissance Office; National Armed Forces overseas). contingency in case of system of disk Security Agency; Naval Criminal CLEARANCE TRACING: A record of a failure. clearance determination by an Investigative Service; Navy Central RETRIEVABILITY: Adjudicative Facility; U.S. Coast Guard; adjudicative agency. It identifies the Index records are accessed through and the Washington Headquarters individual by name and personal name and at least one personal Services. For specific addressees of the identifiers, the agency that submitted identifier (PID). Personal identifiers are: secondary locations, please contact the the clearance entry, the date it was date of birth, place of birth, and Social Primary location. granted, the eligibility level of the clearance, the level of access granted, Security Number. Inquiries may enter CATEGORIES OF INDIVIDUALS COVERED BY THE the access granted date, the type and the system by being keyed in at remote SYSTEM: date of the investigation that formed the terminals. A nonstandard retrieval Any person described as a subject or basis for the clearance determination, capability also exists which permits a victim or who is a cross-reference in the category of the subject, the retrieval without PID or on parts of a an investigation completed by or for a separation date and any files used in the name and produces references to all DoD investigative organization when adjudicative process. individuals by that name. It should be that investigation is retained by the DCII IMPERSONAL TITLE TRACING: noted that in many cases the subject’s organization and the name is submitted A record of organizations, contractor SSN is necessary to make a positive for central indexing. locations and incidents that were identification. Name Only Index records

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Automation Subsystem (V5-01). be provided access to such information except to the extent that disclosure SYSTEM MANAGER(S) AND ADDRESS: SAFEGUARDS: would reveal the identity of a The DSS facility housing the DCII is Office of the Assistant Secretary of confidential source. protected by security personnel (guards) Defense (C3I), Deputy Director for An exemption rule for this record at all times. Access to the computer Personnel Security, 3040 Defense system has been promulgated in room is controlled by combination lock Pentagon, Washington, DC 20301–3040. accordance with the requirements of 5 and identification badges, which are Defense Security Service, Director, U.S.C. 553(b)(1), (2), and (3), (c) and (e) issued only to authorized individuals. Operations Center Baltimore, 881 and published in 32 CFR part 321. For Generalized validation is provided Elkridge Landing Road, Linthicum, MD additional information contact the through online and batch edit criteria 21090-2902. system manager. that must be honored before an NOTIFICATION PROCEDURE: V5±04 information request or update will Individuals seeking to determine occur. Identification (account codes and whether information about themselves SYSTEM NAME: passwords) and authentication is is contained in this system should Counterintelligence Issues Database required at the DSS firewall and again address written inquiries to the Defense (CII-DB) (October 3, 1995, 60 FR 51781). at the database before information can Security Service, Office of FOI and PA, CHANGES: be accessed. All data transfers and 1340 Braddock Place, Alexandria, VA information retrievals that use remote 22314–1651. * * * * * communication facilities are encrypted. SYSTEM LOCATION: Activities must be a part of DoD/Federal RECORD ACCESS PROCEDURES: Government and accredited on the basis Individuals seeking access to records Delete entry and replace with of authorized requirements before a new about themselves contained in this ‘Defense Security Service, Information terminal is established or before batch system should address written inquiries Assurance and Counterintelligence request will be honored and processed. to the Defense Security Service, Privacy Office (IACI), 1340 Braddock Place, Organizations authorized access are Act Branch, P.O. Box 46060, Baltimore, Alexandria, VA 22314–1651.’ responsible for ensuring that MD 21240-6060. CATEGORIES OF INDIVIDUALS COVERED BY THE individuals and organizations to whom A request for information must SYSTEM: they disclose DCII information have contain the full name and Social Add to the end of the entry ‘Persons appropriate authority and need-to- Security Number of the subject who have solicited from industrial know. individual. Personal visits will require a contractors/DoD installations valid driver’s license or other picture RETENTION AND DISPOSAL: information which may appear to be identification and are limited to the sensitive in nature’. OPEN CASE TRACINGS are retained Defense Security Service, Privacy Act * * * * * for as long as the investigation is open. Branch, 881 Elkridge Landing Road, Upon completion of the investigation, Linthicum, MD 21090-2902. SYSTEM MANAGER(S) AND ADDRESS: the open case tracings are replaced by CONTESTING RECORD PROCEDURES: Delete entry and replace with a file tracing. ‘Defense Security Service, Information DSS’ rules for accessing records, FILE TRACINGS are retained for a Assurance and Counterintelligence, contesting contents, and appealing period corresponding to the retention of 1340 Braddock Place, Alexandria, VA initial agency determinations are investigative files described in DSS 22314–1651.’ Personnel Security Investigative File contained in DSS Regulation 01-13: 32 * * * * * Automation Subsystem. However, each CFR part 321; or may be obtained from agency has the responsibility of deleting the Defense Security Service, Office of V5±04 their own file tracings. FOI and PA, 1340 Braddock Place, NAC PENDING TRACINGS are Alexandria, VA 22314-1651. SYSTEM NAME: Counterintelligence Issues Database retained until completion of the NAC. RECORD SOURCE CATEGORIES: (CII-DB). At that time they are replaced by a NAC DoD investigative organizations listed history tracing. in the ‘System location’ caption SYSTEM LOCATION: NAC HISTORY TRACINGS are (excluding DISCO); Defense Logistics Defense Security Service, Information automatically deleted 15 years from the Agency, ATTN: DLAH-T; Director of Assurance and Counterintelligence date of completion of the NAC. Specific Security, National Security Agency, Office (IACI), 1340 Braddock Place, action may be taken to delete the record ATTN: M–552, Fort Meade, MD 20755; Alexandria, VA 22314–1651. sooner. A subsequent favorable NAC Assistant Chief of Staff of Intelligence will be entered as a new history record (ACSI), Department of the Army, ATTN: CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: and automatically delete the previous Counterintelligence Division, history record. Washington, DC 20314. Persons of Counterintelligence CLEARANCE TRACINGS are interest in the following categories: maintained until deleted by the EXEMPTIONS CLAIMED FOR THE SYSTEM: Military personnel who are on active submitting agency. For DSS this is when Investigatory material compiled for duty; applicants for enlistment or the clearance is denied, revoked or no law enforcement purposes may be appointment; members of Reserve units; longer needed by the subject (death or exempt pursuant to 5 U.S.C. 552a(k)(2). National Guard members; DoD civilian separation from service/employment). However, if an individual is denied any personnel, who are paid with

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DSS’ rules for accessing records, are working in private industry in firms contesting contents, and appealing which have contracts involving access POLICIES AND PRACTICES FOR STORING, initial agency determinations are RETRIEVING, ACCESSING, RETAINING, AND to classified DoD information or DISPOSING OF RECORDS IN THE SYSTEM: contained in DSS Regulation 01-13: 32 installations; Red Cross; ROTC cadets; CFR part 321; or may be obtained from former military personnel and STORAGE: the Defense Security Service, Office of individuals residing on, have authorized Computerized database, paper FOI and PA, 1340 Braddock Place, official access to, or conducting, records, microfilm, diskettes, are Alexandria, VA 22314-1651. operating any business or other maintained at the IACI. functions at any DoD installation or RECORD SOURCE CATEGORIES: facility. Persons who have solicited RETRIEVABILITY: Federal, State and local law from industrial contractors/DoD Information in the automated system enforcement/intelligence agencies; installations information which may is retrieved through any entry in the Industrial Security Administrative appear to be sensitive in nature. data base to include name and file inquiries and Personnel Security number. Investigations. CATEGORIES OF RECORDS IN THE SYSTEM: Paper files are retrieved by name or EXEMPTIONS CLAIMED FOR THE SYSTEM: Records involving either suspected or file number. actual Counterintelligence (CI) issues Information specifically authorized to detected in Personnel Security SAFEGUARDS: be classified under E.O. 12958, as Investigations (PSI) or Industrial Paper records are contained and implemented by DoD 5200.1-R, may be Security Administrative Inquires (AI). stored in regulation safes , filing exempt pursuant to 5 U.S.C. 552a(k)(1). The database will include subject name, cabinets and on magnetic tape which is Investigatory material compiled for title, origin of the issue, location of located in a secure area with limited law enforcement purposes may be employment, residence, country, date access. The database is maintained in exempt pursuant to 5 U.S.C. 552a(k)(2). action was received, date action was secure office space with password entry However, if an individual is denied any closed, agency where action was to the system. Access is provided on a right, privilege, or benefit for which he referred, narrative summary of issue, need-to-know basis only. would otherwise be entitled by Federal identity of any additional sources law or for which he would otherwise be RETENTION AND DISPOSAL: (person/agency/company) who may of eligible, as a result of the maintenance provided DSS with CI information, type Automated records are maintained for of such information, the individual will of action, type of issue, agent’s name, 15 years. CI paper records relating to the be provided access to such information company name, target technology, automated system and not associated except to the extent that disclosure country of origin and miscellaneous with a PSI will be retained for one year; would reveal the identity of a agents notes and recommendations. Files developed on persons who are confidential source. being considered for affiliation with the Records maintained in connection AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Department of Defense will be destroyed with providing protective services to the 5 U.S.C. 301, Departmental within one year if the affiliation is not President and other individuals under Regulations; E.O. 10450, Security completed. 18 U.S.C. 3506, may be exempt pursuant Requirements for Government Information within the purview of to 5 U.S.C. 552a(k)(3). Employment; DoD Directive 5200.2, DoD Directive 5200.27 will be retained Investigatory material compiled solely Department of Defense Personnel no longer than one year. for the purpose of determining security Program; DoD Dir 5200.27 suitability, eligibility, or qualifications (Section IV A and B), Acquisition of SYSTEM MANAGER(S) AND ADDRESS: for federal civilian employment, information concerning Persons and Defense Security Service, Information military service, federal contracts, or organizations not affiliated with the Assurance and Counterintelligence, access to classified information may be DoD; DoD Dir 5220.28, Application of 1340 Braddock Place, Alexandria, VA exempt pursuant to 5 U.S.C. 552a(k)(5), Special Eligibility and Clearance 22314–1651. but only to the extent that such material Requirements in the SIOP-ESI program would reveal the identity of a NOTIFICATION PROCEDURE: for contractor employees. confidential source. Individuals seeking to determine An exemption rule for this record PURPOSE(S): whether information about themselves system has been promulgated in Provides a central database to is contained in this system should accordance with the requirements of 5 document, refer, track, monitor and address written inquiries to the Defense U.S.C. 553(b) (1), (2), and (3), (c) and (e) evaluate CI indicators/issues surfaced Security Service, Office of FOI and PA, and published in 32 CFR part 321. For during PSI and through AIs. 1340 Braddock Place, Alexandria VA additional information contact the 22314–1651. system manager. ROUTINE USES OF RECORDS MAINTAINED IN THE Requesters should provide full name SYSTEM, INCLUDING CATEGORIES OF USERS AND and any former names used, date and V6±01 THE PURPOSES OF SUCH USES: place of birth, and Social Security SYSTEM NAME: In addition to those disclosures Number. Personnel Security Files (PSF) generally permitted under 5 U.S.C. (February 22, 1993, 58 FR 10904). 552a(b) of the Privacy Act, these records RECORD ACCESS PROCEDURES: or information contained therein may Individuals seeking access to CHANGES: specifically be disclosed outside the information about themselves contained * * * * * DoD as a routine use pursuant to 5 in this system of records should address U.S.C. 552a(b)(3) as follows: written inquiries to Defense Security STORAGE: The ‘Blanket Routine Uses’ published Service, Office of FOI and PA, Delete entry and replace with ‘Paper at the beginning of DSS’ compilation of Alexandria, VA 22314–1651. records in file folders. Electronic

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Personal visits will require a valid 552a(b) of the Privacy Act, these records driver’s license or other picture SYSTEM NAME: or information contained therein may identification and are limited to the Personnel Security Files (PSF). specifically be disclosed outside the Defense Security Service, Office of FOI DoD as a routine use pursuant to 5 and PA, 1340 Braddock Place, SYSTEM LOCATION: U.S.C. 552a(b)(3) as follows: Alexandria, VA 22314-1651. Primary location: Defense Security The ‘Blanket Routine Uses’ published Service, 1340 Braddock Place, at the beginning of DSS’ compilation of CONTESTING RECORD PROCEDURES: Alexandria, VA 22314-1651. systems of records notices apply to this DSS’ rules for accessing records, Secondary locations: Defense Security system. contesting contents, and appealing Service Operating Locations, Operations POLICIES AND PRACTICES FOR STORING, initial agency determinations are Center-Baltimore and Operations RETRIEVING, ACCESSING, RETAINING, AND contained in DSS Regulation 01-13: 32 Center-Columbus. Specific addresses DISPOSING OF RECORDS IN THE SYSTEM: CFR part 321; or may be obtained from the Defense Security Service, Office of can be obtained from the Primary STORAGE: location. FOI and PA, 1340 Braddock Place, Paper records in file folders. Alexandria, VA 22314-1651. Electronic records are maintained on CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: disk and magnetic tapes. RECORD SOURCE CATEGORIES: Every Defense Security Service RETRIEVABILITY: Application and related forms from employee. Paper records are filed alphabetically the individual, summaries of by last name and by location (Operating information from background CATEGORIES OF RECORDS IN THE SYSTEM: Location). Summary data is retrievable investigations of the individual. Individual’s Certificates of Personnel by Social Security Number or by name. EXEMPTIONS CLAIMED FOR THE SYSTEM: Security Investigation, Certificates of SAFEGUARDS: None. Security Clearance and Access Authorization, Adjudicative Summary All system records are maintained in V7±01 Sheets, Sensitive Compartmented locked security containers accessible SYSTEM NAME: Information (SCI) Access Records, only to authorized personnel. Summary certificates of clearance for other data is accessed only by authorized Enrollment, Registration and Course agencies, Security Briefing Statements, personnel using assigned system Completion Record (February 22, 1993, security clearance downgrade and passwords. 58 FR 10904). discontinuation statements, Security RETENTION AND DISPOSAL: CHANGES: Termination Statement and Debriefing Records are kept for two years after * * * * * Certificates, Defense Clearance and termination of an individual’s Investigations Index (DCII) check employment with DSS. Longer SYSTEM LOCATION: results, requests for Personnel Security retention, not to exceed five years after Delete entry and replace with Investigations, Badge and Credential termination of employment, may be ‘Primary location: Defense Security receipts, and related documents which approved by the Chief, Office of Service, Training Office, 881 Elkridge may vary in certain cases. Personal Security, DSS. Paper records are Landing Road, Linthicum, MD 21090- identifying data to confirm identities is destroyed by burning or shredding; 2902. also contained in this system. electronic records are erased or Decentralized location: Department of overwritten. Defense Polygraph Institute. Specific AUTHORITY FOR MAINTENANCE OF THE SYSTEM: SYSTEM MANAGER(S) AND ADDRESS: address can be obtained from the 5 U.S.C. 301, Departmental Primary location.’ Regulations; DoD Regulation 5200.2, Defense Security Service, Chief, * * * * * DoD Personnel Security Program; DSS Office of Security, 1340 Braddock Place, Regulation 25–3, Personnel Security Alexandria, VA 22314–1651. STORAGE: Program, and E.O. 9397 (SSN). NOTIFICATION PROCEDURES: Delete entry and replace with ‘Records are retained in electronic PURPOSE(S): Individuals seeking to determine if information about themselves is format on disk and magnetic tape. Some Files are used during an individual’s contained in this system should address hard copy paper records still exist and employment with the agency to provide written inquiries to the Defense Security are maintained in file folders.’ a basis for determining eligibility for Service, Office of FOI and PA, 1340 * * * * * assignment to, or retention in, a Braddock Place, Alexandria, VA 22314– sensitive position; granting security 1651. RETRIEVABILITY: clearance; evidence of clearance and Delete entry and replace with ‘Data is access to classified defense information; RECORD ACCESS PROCEDURES: retrievable by Social Security Number and to verify security clearance Individuals seeking access to or by student’s name.’ information of individuals visiting other information about themselves contained offices regarding classified matters. File in this system should address written SAFEGUARDS: information may be provided to other inquiries to the Defense Security Delete entry and replace with ‘Paper authorized government departments, Service, Office of FOI and PA, 1340 records are maintained in locked agencies or offices when a change of the Braddock Place, Alexandria, VA 22314- security containers accessible to only individual’s employment is considered. 1651. authorized personnel. Only authorized

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Branch, 881 Elkridge Landing Road, ‘Electronic and paper records are 552a(b) of the Privacy Act, these records Linthicum, MD 21090-2902. retained for ten years at which time they or information contained therein may are either erased from the system or specifically be disclosed outside the CONTESTING RECORD PROCEDURES: destroyed by shredding.’ DoD as a routine use pursuant to 5 DSS’ rules for accessing records, U.S.C. 552a(b)(3) as follows: contesting contents, and appealing SYSTEM MANAGER(S) AND ADDRESS: The ‘Blanket Routine Uses’ published initial agency determinations are Delete entry and replace with at the beginning of DSS’ compilation of contained in DSS Regulation 01-13: 32 ‘Director, Training Office, Defense systems of records notices apply to this CFR part 321; or may be obtained from Security Service, 881 Elkridge Landing system. the Defense Security Service, Office of Road, Linthicum, MD 21090-2902. POLICIES AND PRACTICES FOR STORING, FOI and PA, 1340 Braddock Place, Director, Department of Defense RETRIEVING, ACCESSING, RETAINING, AND Alexandria, VA 22314-1651. Polygraph Institute, Building 3195, Fort DISPOSING OF RECORDS IN THE SYSTEM: RECORD SOURCE CATEGORIES: McClellan, AL 36205-5114. STORAGE: * * * * * Records are retained in electronic The student, his/her employer, and format on disk and magnetic tape. Some the DSS Training Office or Polygraph V7±01 hard copy paper records still exist and Institute. are maintained in file folders. SYSTEM NAME: EXEMPTIONS CLAIMED FOR THE SYSTEM: Enrollment, Registration and Course RETRIEVABILITY: None. Completion Record. Data is retrievable by Social Security Number or by student’s name. V8±02 SYSTEM LOCATION: SYSTEM NAME: Primary location: Defense Security SAFEGUARDS: Service, Training Office, 881 Elkridge Paper records are maintained in Key Contractor Management Landing Road, Linthicum, MD 21090- locked security containers accessible to Personnel Listing (November 14, 1995, 2902. only authorized personnel. Only 60 FR 57229). Decentralized locations: Department authorized personnel using assigned CHANGES: of Defense Polygraph Institute. Specific system passwords access electronic addresses can be obtained from the data. * * * * * Primary location. RETENTION AND DISPOSAL: SYSTEM LOCATION: Electronic and paper records are CATEGORIES OF INDIVIDUALS COVERED BY THE Delete entry and replace with retained for ten years at which time they SYSTEM: ‘Primary location: Defense Security are either erased from the system or Service, Operations Center-Baltimore, Individuals who are scheduled for or destroyed by shredding. who have attended courses of 881 Elkridge Landing Road, Linthicum, instruction offered by the DSS Training SYSTEM MANAGER(S) AND ADDRESS: MD 21090-2902. Office or DoD Polygraph Institute. Guest Director, Training Office, Defense Remote terminals are located at speakers and assigned instructors/ Security Service, 881 Elkridge Landing Defense Security Service, Operations faculty. Road, Linthicum, MD 21090-2902. Center-Columbus, 3990 East Broad Director, Department of Defense Street, Building 306, Columbus OH CATEGORIES OF RECORDS IN THE SYSTEM: Polygraph Institute, Building 3195, Fort 43213–1138, and the Defense Information may include individual’s McClellan, AL 36205-5114. Investigative Service, 1340 Braddock name and other personal identifying NOTIFICATION PROCEDURE: Place, Alexandria, VA 22314–1651.’ and administrative data pertaining to Individuals seeking to determine * * * * * attendance at the DSS Training Office or whether information about themselves Polygraph Institute to include employer, V8±02 is contained in this system should course completion, and other similar address written inquiries to the Defense SYSTEM NAME: data. Security Service, Office of FOI and PA, Key Contractor Management AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 1340 Braddock Place, Alexandria, VA Personnel Listing. 22314–1651. 5 U.S.C. 301, Departmental SYSTEM LOCATION: Regulations; E.O. 9397 (SSN); E.O. RECORD ACCESS PROCEDURES: 10865; E.O. 10909; DoD Directive Individuals seeking access to Primary location: Defense Security 5105.42, Defense Security Service; and information about themselves contained Service, Operations Center-Baltimore, DoD Directive 5200.32, Department of in this system should address written 881 Elkridge Landing Road, Linthicum, Defense Security Institute. inquiries to the Defense Security MD 21090-2902. Service, Office of FOI and PA, 1340 Remote terminals are located at PURPOSE(S): Braddock Place, Alexandria, VA 22314- Defense Security Service, Operations Used by DSS Training Office or 1651. Center-Columbus, 3990 East Broad Polygraph Institute personnel to prepare A request for information must Street, Building 306, Columbus OH class rosters and provide basic contain the full name and Social 43213–1138, and the Defense administrative information on Security Number of the subject Investigative Service, 1340 Braddock attendees. individual. Place, Alexandria, VA 22314–1651.

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CATEGORIES OF INDIVIDUALS COVERED BY THE RETENTION AND DISPOSAL: RECORD SOURCE CATEGORIES: SYSTEM: Records are retained as long as the Reports from civilian contractors Key management personnel of individual is a key management person participating in the National Industrial government contractor facilities which at a DoD contractor facility in the Security Program. Business records of have been issued, now possess, are, or National Industrial Security Program, civilian contractors participating in the have been in process for a facility and are destroyed immediately upon National Industrial Security Program. clearance. notification that the individual no Federal, state, county and municipal CATEGORIES OF RECORDS IN THE SYSTEM: longer occupies such a position. records. Electronic records are erased or Records may include individual’s EXEMPTIONS CLAIMED FOR THE SYSTEM: overwritten. name, Social Security Number, date of None. birth, place of birth, citizenship, and EXCEPTION: Records released in date and level of security clearance accordance with the Privacy Act or the V9±01 granted. Freedom of Information Act are retained for two years from date of release. SYSTEM NAME: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Litigation Case Files (February 22, E.O. 12829; E.O. 9397 (SSN); E.O. SYSTEM MANAGER(S) AND ADDRESS: 1993, 58 FR 10904). 10865; E.O. 10909; DoD Directive Defense Security Service, Director, 5105.42, Defense Security Service; DoD Operations Center-Baltimore, 881 CHANGES: Regulation 5200.2-R, DoD Personnel Elkridge Landing Road, Linthicum, MD * * * * * Security Program; and DoD 5220.22-M, 21090-2902. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: National Industrial Security Program Operating Manual. NOTIFICATION PROCEDURE: Delete entry and replace with ‘5 Individuals seeking to determine U.S.C. 301, Departmental Regulations PURPOSE(S): whether information about themselves and DoD Directive 5105.42, Defense Records serve to provide a listing of is contained in this system should Security Service.’ key management personnel at civilian address written inquiries to the Chief, * * * * * contractor facilities falling under the Defense Security Service, Office of FOI V9±01 National Industrial Security Program for and PA, 1340 Braddock Place, use by the Defense Security Service, Alexandria, VA 22314–1651. SYSTEM NAME: Operation Center-Columbus. A request for information must Litigation Case Files. Information will be used to track, contain the full name and Social monitor and expedite personnel Security Number of the subject SYSTEM LOCATION: clearance processing of those personnel individual. Defense Security Service, Office of the who require a security clearance in Personal visits will require a valid General Counsel, 1340 Braddock Place, conjunction with the facility clearance driver’s license or other picture Alexandria, VA 22314–1651. in order to expedite initial facility identification and are limited to the clearance processing and to assist in Defense Security Service, Office of FOI CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: maintaining facility clearances in a and PA, 1340 Braddock Place, valid status. Alexandria, VA 22314-1651. Indivduals who have been the subject of adverse actions generated by the ROUTINE USES OF RECORDS MAINTAINED IN THE RECORD ACCESS PROCEDURE SYSTEM, INCLUDING CATEGORIES OF USERS AND : agency employee relations process, PURPOSES OF SUCH USES: Individuals seeking access to Merit Systems Protection Board (MSPB) In addition to those disclosures information about themselves contained appellants and Equal Employment generally permitted under 5 U.S.C. in this system should address written Opportunity Commission (EEOC) 552a(b) of the Privacy Act, these records inquiries to the Defense Security complainants, Freedom of Information or information contained therein may Service, Office of FOI and PA, 1340 Act (FOIA) and Privacy Act litigants, specifically be disclosed outside the Braddock Place, Alexandria, VA 22314- and individuals involved in litigation DoD as a routine use pursuant to 5 1651. against DIS or other government U.S.C. 552a(b)(3) as follows: A request for information must agencies. The ’Blanket Routine Uses’ published contain the full name and Social CATEGORIES OF RECORDS IN THE SYSTEM: at the beginning of DSS’ compilation of Security Number of the subject Legal or factual memoranda, legal systems of records notices apply to this individual. briefs, correspondence, decisions, system. Personal visits will require a valid claims, grievances, MSPB, EEO, FOIA driver’s license or other picture POLICIES AND PRACTICES FOR STORING, and Privacy Act materials. RETRIEVING, ACCESSING, RETAINING, AND identification and are limited to the DISPOSING OF RECORDS IN THE SYSTEM: Defense Security Service, Office of FOI AUTHORITY FOR MAINTENANCE OF THE SYSTEM: and PA, 1340 Braddock Place, STORAGE: 5 U.S.C. 301, Departmental Alexandria, VA 22314-1651. Regulations and DoD Directive 5105.42, Automated records are maintained in Defense Security Service. computer disk packs, magnetic tapes CONTESTING RECORD PROCEDURES: and associated data processing files. DSS’ rules for accessing records, PURPOSE(S): RETRIEVABILITY: contesting contents, and appealing To collect documentation pertinent to Records are accessed by Social initial agency determinations are litigation, disciplinary matters, and Security Number or name, or both. contained in DSS Regulation 01–13; 32 administrative actions concerning the CFR part 321; or may be obtained from Agency. Information is compiled to SAFEGUARDS: the Defense Security Service, Office of support various legal-related activities Specific codes are required to access FOI and PA, 1340 Braddock Place, of the Department of Defense, the automated records. Alexandria, VA 22314–1651. Department of Justice, the Office of

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Personnel Management, or other Security number of the subject within the U.S. Specific addresses can adjudicative agencies of the U.S. individual. be obtained from the Primary location. Government as may be necessary or Personal visits will require a valid required in the disposition of an driver’s license or other picture CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: individual case. identification and are limited to the Defense Security Service, Privacy Act Individual contractors who perform ROUTINE USES OF RECORDS MAINTAINED IN THE Office, 1340 Braddock Place, personnel security investigations or SYSTEM, INCLUDING CATEGORIES OF USERS AND Alexandria, VA 22314-1651. industrial security inspections on an as- THE PURPOSES OF SUCH USES: needed basis for the Defense Security In addition to those disclosures CONTESTING RECORD PROCEDURES: Service. generally permitted under 5 U.S.C. DSS’ rules for accessing records, 552a(b) of the Privacy Act, these records contesting contents, and appealing CATEGORIES OF RECORDS IN THE SYSTEM: or information contained therein may initial agency determinations are Records may contain any or all of the specifically be disclosed outside the contained in DSS Regulation 01–13; 32 following: Contractor Information Sheet, DoD as a routine use pursuant to 5 CFR part 321; or may be obtained from copies of contracts, Purchase Orders, U.S.C. 552a(b)(3) as follows: the Defense Security Service, Office of Request for Payment, Request for Bulk The ‘Blanket Routine Uses’ published FOI and PA, 1340 Braddock Place, Funds Order, Order for Supplies and at the beginning of DSS’ compilation of Alexandria, VA 22314–1651. Services, Contract Distribution, Public systems of records notices apply to this Voucher for Purchases and Services RECORD SOURCE CATEGORIES: system. Other than Personal. Operating Location Information is provided by DSS field Chiefs and field office supervisors may POLICIES AND PRACTICES FOR STORING, elements, Employee Relations Branch; file other documentation, originals or RETRIEVING, ACCESSING, RETAINING, AND Director, DSS Office of Affirmative copies, such as resumes, applications, or DISPOSING OF RECORDS: Action and Equal Opportunity Policy; DD Forms 398, Personnel Security STORAGE: Directorates of Industrial Security and Questionnaires. Paper records in file folders and Investigations; Office of the Secretary of AUTHORITY FOR MAINTENANCE OF THE SYSTEM: electronic records. Defense; other DoD components. 5 U.S.C. 301, Departmental EXEMPTIONS CLAIMED FOR THE SYSTEM: RETRIEVABILITY: Regulations; DoD Directive 5105.42, None. Alphabetically by surname of Defense Security Service (32 CFR part individual. V10±01 361); and E.O. 9397 (SSN).

SAFEGUARDS: SYSTEM NAME: PURPOSE(S): Records are kept in locked cabinets Investigation and Inspection Supplier To retain personal identification and are accessible only to authorized Contract Files (February 22, 1993, 58 FR information provided by individual personnel. 10904). contract suppliers.

RETENTION AND DISPOSAL: CHANGES: ROUTINE USES OF RECORDS MAINTAINED IN THE Records are held 5 years after date of * * * * * SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: last action, then retired to the SYSTEM LOCATION: Washington National Records Center. In addition to those disclosures They are destroyed when 25 years old. Delete entry and replace with generally permitted under 5 U.S.C. ‘Primary location: Defense Security 552a(b) of the Privacy Act, these records SYSTEM MANAGER(S) AND ADDRESS: Service, Office of the Comptroller, 1340 or information contained therein may Defense Security Service, Office of the Braddock Place, Alexandria, VA 22314- specifically be disclosed outside the General Counsel, 1340 Braddock Place, 1651. DoD as a routine use pursuant to 5 Alexandria, VA 22314–1651. Secondary locations: Defense Security U.S.C. 552a(b)(3) as follows: Service Operating Locations (OLs) The ‘Blanket Routine Uses’ published NOTIFICATION PROCEDURE: within the U.S. Specific addresses can at the beginning of DSS’ compilation of Individuals seeking to determine be obtained from the Primary location.’ systems of records notices apply to this whether information about themselves * * * * * system. is contained in this system should address written inquiries to the Defense STORAGE: POLICIES AND PRACTICES FOR STORING, Security Service, Office of FOI and PA, Delete entry and replace with ‘Paper RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS: 1340 Braddock Place, Alexandria, VA records in file folders and electronic 22314–1651. files on disk and magnetic tapes.’ STORAGE: A request for information must * * * * * Paper records in file folders and contain the full name and Social V10±01 electronic files on disk and magnetic Security number of the subject tapes. individual. SYSTEM NAME: RETRIEVABILITY: RECORD ACCESS PROCEDURES: Investigation and Inspection Supplier Contract Files. Regional and field office copies are Individuals seeking access to records filed alphabetically by surname of about themselves contained in this SYSTEM LOCATION: individual. Acquisition and accounting system should address written inquiries Primary location: Defense Security copies are filed by contract number. to the Defense Security Service, Privacy Service, Office of the Comptroller, 1340 Act Office, 1340 Braddock Place, Braddock Place, Alexandria, VA 22314- SAFEGUARDS: Alexandria, VA 22314-1651. 1651. Records are kept in secured areas A request for information must Secondary locations: Defense Security accessible only to authorized personnel contain the full name and Social Service Operating Locations (OLs) and electronic records are accessed only

VerDate 18-JUN-99 10:31 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\A17AU3.173 pfrm01 PsN: 17AUN1 44716 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Notices by authorized personnel using assigned DEPARTMENT OF DEFENSE 545–3489, e-mail system passwords. [email protected]. Department of the Navy SUPPLEMENTARY INFORMATION: The RETENTION AND DISPOSAL: SCIRC consists of San Clemente Island Notice of Intent To Prepare an (SCI) land, air and sea training ranges Operating Location and field office Environmental Impact Statement and and designated operational areas to the copies are destroyed upon termination Overseas Environmental Impact south and west of SCI which are of the contract. Acquisition and Statement for the San Clemente Island controlled by a single command and accounting copies are destroyed three Range Complex years after final payment. control system on SCI. AGENCY: Department of the Navy, DOD. The geographic scope of the EIS/OEIS is the SCIRC. This integrated set of SYSTEM MANAGER(S) AND ADDRESS: ACTION: Notice. ranges and operational areas covers Defense Security Service, Office of the SUMMARY: Pursuant to section 102(2)(c) approximately 2,620 square nautical Comptroller, 1340 Braddock Place, of the National Environmental Policy miles (nm) and is located 68 nm west of Alexandria, VA 22314–1651. Act of 1969 (NEPA) as implemented by San Diego. The command and control system and supporting infrastructure NOTIFICATION PROCEDURE: the Council on Environmental Quality regulations (40 CFR Parts 1500–1508), emanate from SCI which is Individuals seeking to determine and Executive Order 12114 approximately 21 nm (39 km) long and whether information about themselves (Environmental Effects Abroad of Major 4 and one-half nm (8.3 km) at its widest is contained in this system should Federal Actions), the Department of the point. The SCIRC consists of more than address written inquiries to the Defense Navy (Navy) announces its intent to six dozen ranges and operational areas. Security Service, Office of FOI and PA, prepare an Environmental Impact The extent of these areas range from the 1340 Braddock Place, Alexandria, VA Statement (EIS)/Overseas ocean floor to an altitude of 80,000 feet. 22314–1651. Environmental Impact Statement (OEIS) The study area extends from the shore A request for information must to evaluate the potential environmental of SCI about 10 nm (18 km) to the north contain the full name and Social effects of enhancing the capabilities and and east and 60 nm (111 km) to the west Security number of the subject increasing the frequency and scale of and south. individual. training on the San Clemente Island San Clemente Island has been Range Complex (SCIRC). operated by Navy as a tactical training range and testing area for over 70 years. RECORD ACCESS PROCEDURES: DATES: The meetings will be held Tactical training ranges and operational September 14–16, 1999, beginning at Individuals seeking access to records areas provide space and facilities where 6:00 p.m. each day. Additional about themselves contained in this U.S. military forces can conduct information concerning meeting times system of records should address exercises in a safe, controlled will be available at the San Clemente written inquiries to the Defense Security environment. The SCIRC is the Island EIS web page located at: http:// Service, Privacy Act Office, P.O. Box cornerstone of tactical training in the www.cnbsd.navy.mil/Facility/sci.htm. 1211, Baltimore, MD 21203–1211. Southern California region. The primary ADDRESSES: The first meeting will be A request for information must purpose of the Complex is to provide held at Bayside Convention Center, contain the full name and Social readiness training for units and 2575 Stockton Road, Building 623 (the Security number of the subject personnel who deploy overseas to meet old Base Chapel), Naval Training Center individual. the national strategy of forward San Diego. The second meeting will be presence and global engagement. Personal visits will require a valid held at Sheraton Los Angeles Harbor Among the evolving needs that driver’s license or other picture Hotel, 601 S. Palos Verdes Street, San precipitated the proposed action are the identification and are limited to the Pedro, California. The third meeting need for more training in: littoral Defense Security Service, Office of FOI will be held at DoubleTree Guest Suites, warfare, including mine counter- and PA, 1340 Braddock Place, 34555 Casitas Place, Dana Point, CA. measures; electronic warfare; missile Alexandria, VA 22314-1651. The meetings will be announced in firing; operations in the shore local newspapers. bombardment area (SHOBA), CONTESTING RECORD PROCEDURES: Written statements and/or questions amphibious operations; and Naval DSS’ rules for accessing records, regarding the scoping process should be Special Warfare. Increased need for test contesting contents, and appealing mailed no later than October 1, 1999 to: and evaluation activities is also initial agency determinations are Naval Air Station, North Island, anticipated. contained in DSS Regulation 01–13; 32 Environmental Department, (Attn: The proposed action would enhance CFR part 321; or may be obtained from Carrie Anne Downey, San Clemente the capabilities of the SCIRC to meet the Defense Security Service, Office of Island, Environmental Impact Statement current and anticipated fleet training FOI and PA, 1340 Braddock Place, Comments) P.O. Box 357088 San Diego, and readiness needs, and support Alexandria, VA 22314–1651. CA 92135–7088. To be most helpful, research, development, test and comments should clearly describe evaluation (RDT&E) activities by: (a) RECORD SOURCE CATEGORIES: specific issues or topics which the Instrumenting a shallow water commentator believes the EIS should extension to the current deep-water Contract supplier who is subject of address. the file. range; (b) expanding the scope of FOR FURTHER INFORMATION CONTACT: amphibious operations to include a EXEMPTIONS CLAIMED FOR THE SYSTEM: Carrie Anne Downey, Naval Air Station, battalion size landing; (c) defining land North Island, Environmental training areas and ranges (TARS); (d) None. Department, San Clemente Island, P.O. increasing the frequency of training and [FR Doc. 99–21237 Filed 8–16–99; 8:45 am] Box 357088 San Diego, CA 92135–7088, testing activities currently conducted at BILLING CODE 5001±10±F telephone (619) 545–3845, FAX (619) SCIRC; (e) reviewing the optimum

VerDate 18-JUN-99 10:31 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\A17AU3.173 pfrm01 PsN: 17AUN1 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Notices 44717 configuration of land uses on San DEPARTMENT OF ENERGY Room. This filing may be viewed on the Clemente Island; and (f) developing web at http://www.ferc.fed.us/online/ procedures to ensure statutory Federal Energy Regulatory rims.htm (call 202–208–2222 for obligations for endangered species, Commission assistance). natural, and cultural resources are met [RP95±363±16] Linwood A. Watson, Jr., while minimizing operational Acting Secretary. constraints. Each of these qualitative El Paso Natural Gas Company; Notice [FR Doc. 99–21287 Filed 8–16–99; 8:45 am] actions is needed for Navy and Marine of Filing BILLING CODE 6717±01±M Corps units to reach the fully ready level required for deployment. August 11, 1999. The EIS/OEIS will consider a range of On August 4, 1999, El Paso Natural DEPARTMENT OF ENERGY alternatives consisting of various Gas Company filed an Offer of combinations of the above elements. Settlement and Request for Approval of Federal Energy Regulatory The No Action Alternative, consisting of Joint Settlement Agreement Commission (Settlement). Under the Commission’s training and testing activities at current [Docket No. RP99±394±001] levels of operations, will also be settlement rules, initial comments are evaluated. due twenty days after the Settlement is Pine Needle LNG Company, LLC; filed, and reply comments are due ten Notice of Tariff Filing Environmental issues that will be days thereafter. addressed in the EIS/OEIS include but Initial comments on El Paso’s August August 11, 1999. are not limited to: air quality, noise, 4, 1999 Settlement are due to be filed on Take notice that on August 6, 1999, vegetation and wildlife (including or before August 24, 1999. Reply Pine Needle LNG Company, LLC (Pine marine mammals and endangered comments shall be filed on or before Needle), tendered for filing to become species), cultural resources, land use, September 3, 1999. part of its FERC Gas Tariff, Original water quality, public health and safety Linwood A. Watson, Jr., Volume No. 1, Substitute First Revised and socioeconomics (including Acting Secretary. Sheet No. 89, to become effective environmental justice). [FR Doc. 99–21282 Filed 8–16–99; 8:45 am] August 1, 1999. In accordance with NEPA, Navy will Pine Needle states that the purpose of BILLING CODE 6717±01±M initiate a public scoping process to the instant filing is to revise its tariff assist in identifying relevant sheet to incorporate certain of the GISB environmental issues to be analyzed in DEPARTMENT OF ENERGY definitions and revise certain of the this EIS/OEIS. Federal, state, and local GISB standards and data sets to Version agencies and other interested parties are Federal Energy Regulatory 1.3 pursuant to the Commission order invited and encouraged to participate in Commission issued July 23, 1999. Accordingly, the the scoping process. Navy will hold only data sets listed in the tariff sheet [Docket No. RP99±397±001] three public meetings. Each meeting under Version 1.2 are those for which Pine Needle has requested, and the will consist of an informal information Koch Gateway Pipeline Company; Commission has granted, a waiver. The session, staffed by Navy representatives, Notice of Compliance Filing to be followed by a brief presentation July 23 order granted Pine Needle an which discusses current operations in August 11, 1999. extension of time until June 1, 2000 to the SCI Range Complex and a Take notice that on August 6, 1999, incorporate Version 1.3 of those data description of the proposed action and Koch Gateway Pipeline Company sets. alternatives. Comments will be entered (Koch), tendered for filing as part of its Additionally, Pine Needle is into the official record in several ways. FERC Gas Tariff, Fifth Revised Volume submitting a table attached as Appendix Members of the public can contribute No. 1, the following tariff sheets, to A showing the GISB Version 1.3 oral or written comments at the scoping become effective August 1, 1999: standard, the complying tariff sheet meetings, or subsequent to the meetings number, and an explanatory statement, Substitute Seventh Revised Sheet No. 802 if necessary, describing any reasons for by mail, fax, or e-mail. Technical Substitute Sixth Revised Sheet No. 803 statements or statements of considerable deviation for deviation from or changes Koch filed the above referenced tariff length should be submitted in writing. to each GISB standard. sheets to comply with the Commission’s Oral comments may be made at the Pine Needle states that it is serving Letter Order issued July 22, 1999, in scoping meeting and will be limited to copies of the instant filing to its affected Docket No. RP99–397–000. 3 minutes per individual. All customers and interested State Any person desiring to protest this comments, whether oral or written, will Commissions. filing should file a protest with the Any person desiring to protest this receive the same consideration during Fedeal Energy Regulatory Commission, filing should file a protest with the EIS/OEIS preparation. Individuals or 888 First Street, NE., Washington, DC Federal Energy Regulatory Commission, groups with special needs, such as 20426, in accordance with section 888 First Street, N.E., Washington, D.C. accessibility, foreign language 385.211 of the Commission’s Rules and 20426, in accordance with Section translation, assistance for the blind or Regulations. All such protests must be 385.211 of the Commission’s Rules and hearing impaired, should contact this filed as provided in section 154.210 of Regulations. All such protests must be agency by September 5, 1999. the Commission’s Regulations. Protests filed as provided in Section 154.210 of Dated: August 11, 1999. will be considered by the Commission the Commission’s Regulations. Protests J.L. Roth, in determining the appropriate action to will be considered by the Commission Lieutenant Commander, Judge Advocate be taken, but will not serve to make in determining the appropriate action to General’s Corps, U.S. Navy, Federal Register protestants parties to the proceedings. be taken, but will not serve to make Liaison Officer. Copies of this filing are on file with the protestants parties to the proceedings. [FR Doc. 99–21318 Filed 8–16–99; 8:45 am] Commission and are available for public Copies of this filing are on file with the BILLING CODE 3810±FF±U inspection in the Public Reference Commission and are available for public

VerDate 18-JUN-99 10:31 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\A17AU3.142 pfrm01 PsN: 17AUN1 44718 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Notices inspection in the Public Reference rims.htm (call 202–208–2222 for DEPARTMENT OF ENERGY Room. This filing may be viewed on the assistance). web at http://www.ferc.fed.us/online/ Linwood A. Watson, Jr., Federal Energy Regulatory rims.htm (call 202–208–2222 for Acting Secretary. Commission assistance). [FR Doc. 99–21284 Filed 8–16–99; 8:45 am] Linwood A. Watson, Jr., BILLING CODE 6717±01±M [Docket No. RP99±380±001] Acting Secretary. [FR Doc. 99–21286 Filed 8–16–99; 8:45 am] Transcontinental Gas Pipe Line Corporation; Notice of Tariff Filing BILLING CODE 6717±01±M DEPARTMENT OF ENERGY Federal Energy Regulatory August 11, 1999. Take notice that on August 6, 1999, DEPARTMENT OF ENERGY Commission Transcontinental Gas Pipe Line Federal Energy Regulatory Corporation (Transco), tendered for [Docket Nos. ER99±99±14±004; ER99±1751± filing to become part of its FERC Gas Commission 003±; ER99±2337±001; ER99±3858±000; ER99±3866±000; ER99±3867±000; ER99± Tariff, Third Revised Volume No. 1. The effective date for the tariff sheet is [Docket No. RP99±338±001] 3885±000; ER99±3389±000 and ER99±3928± 000] August 1, 1999. Questar Pipeline Company; Notice of Transco states that the purpose of the Tariff Filing Select Energy, Inc.; Aquila Energy instant filing is to revise its tariff sheet Marketing Corporation; FPL Services, to incorporate certain of the GISB August 11, 1999. Inc.; Southwestern Public Service definitions and revise certain of the Take notice that on August 5, 1999, Company; Mobile Energy Services GISB standards and data sets to Version Questar Pipeline Company (Questar) of Company; Entergy Services, Inc.; 1.3 pursuant to the Commission order its FERC Gas Tariff, First Revised Louisville Gas and Electric Company issued July 26, 1999. Accordingly, the Volume No. 1, tendered for filing and in and Kentucky Utilities; Fitchburg Gas only data sets listed in the tariff sheet compliance with the Commission’s July and Electric Light Company; Duquesne under Version 1.2 are those for which 22, 1999, letter order in Docket No. Light Company; Notice of Filings Transco has requested, and the Commission has granted, a waiver. The RP99–338–000 (the July 22 order), and August 9, 1999. acceptance, to be effective August 1, July 26 order granted Transco an Take notice that on July 30, 1999, the 1999, the following tariff sheets: extension of time until June 1, 2000 to above-mentioned power marketers filed incorporate Version 1.3 of those data Substitute Third Revised Sheet No. 84 quarterly reports with the Commission sets. Substitute Fourth Revised Sheet Nos. 99A, in above-referenced proceedings for Additionally, Transco is submitting a 99B, 99C and 99D information only. These filing are Substitute First Revised Sheet No. 99E table attached as Appendix A showing Substitute Original Sheet No. 99F available for public inspection and the GISB Version 1.3 standard, the copying in the Public Reference Room complying tariff sheet number, and an In the July 22 order, the Commission or on the web at www.ferc.fed.us/ explanatory statement, if necessary, accepted tariff sheets to be effective, online/rims.htm for viewing and describing any reasons for deviation subject to Questar revising its tariff downloading (call 202–208–2222 for from or changes to each GISB standard. sheets within 15 days of the order to assistance). Transco states that it is serving copies reflect corrections discussed in the July Any person desiring to be heard or to of the instant filing to its affected 22 order. The tariff filing was tendered protest such filing should file a motion customers and interested State as required by the Commission’s to intervene or protest with the Federal Commissions. directives. Energy Regulatory Commission, 888 Any person desiring to protest this Questar states that a copy of this filing First Street, N.E., Washington, D.C. filing should file a protest with the has been served upon its customers, the 20426, in accordance with Rules 211 Federal Energy Regulatory Commission, Public Service Commission of Utah and and 214 of the Commission’s Rules of 888 First Street, NE, Washington, DC the Public Service Commission of Practice and Procedure (18 CFR 385.211 20426, in accordance with Section Wyoming. and 385.214). All such motions and 385.211 of the Commission’s Rules and Any person desiring to protest this protests should be filed on or before Regulations. All such protests must be filing should file a protest with the August 19, 1999. Protests will be filed as provided in Section 154.210 of Federal Energy Regulatory Commission, considered by the Commission to the Commission’s Regulations Protests 888 First Street, N.E., Washington, D.C. determine the appropriate action to be will be considered by the Commission 20426, in accordance with Section taken, but will not serve to make in determining the appropriate action to 385.211 of the Commission’s Rules and protestants parties to the proceedings. be taken, but will not serve to make Regulations. All such protests must be Any person wishing to become a party protestants parties to the proceedings. filed as provided in Section 154.210 of must file a motion to intervene. Copies Copies of this filing are on file with the the Commission’s Regulations. Protests of this filing are on file with the Commission and are available for public will be considered by the Commission Commission and are available for public inspection in the Public Reference in determining the appropriate action to inspection. This filing may also be Room. This filing may be viewed on the be taken, but will not serve to make viewed on the Internet at http:// web at http://www.ferc.fed.us/online/ protestants parties to the proceedings. www.ferc.fed.us/online/rims.htm (call rims.htm (call 202–208–2222 for Copies of this filing are on file with the 202–208–2222 for assistance). assistance). Commission and are available for public Linwood A. Watson, Jr., Linwood A. Watson, Jr., inspection in the Public Reference Acting Secretary. Acting Secretary. Room. This filing may be viewed on the [FR Doc. 99–21281 Filed 8–16–99; 8:45 am] [FR Doc. 99–21285 Filed 8–16–99; 8:45 am] web at http://www.ferc.fed.us/online/ BILLING CODE 6717±01±M BILLING CODE 6717±01±M

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DEPARTMENT OF ENERGY interested parties to participate in the within their allotted time, may submit scoping process. SDI provides a brief written statements for inclusion in the Federal Energy Regulatory description of the proposed action, public record no later than September 9, Commission project alternatives, the geographic and 1999. [Project No. 309±PA] temporal scope of a cumulative effects All filings should contain an original analysis, and a list of issues. and 8 copies. Failure to file an original Pennsylvania Electric Co.; GPU Scoping Meetings and Site Visit and 8 copies may result in appropriate Generation, Inc.; Notice of Scoping staff not receiving the benefit of your Meetings Pursuant to the National GPU and Commission staff will comments in a timely manner. All Environmental Policy Act of 1969 for conduct two scoping meetings. All comments should be submitted to the an Applicant Prepared Environmental interested individuals, organizations, Office of the Secretary, Federal Energy Assessment and agencies are invited to attend and Regulatory Commission, 888 First assist in identifying the scope of Street, N.E., Washington, D.C. 20426, August 11, 1999. environmental issues that should be and should clearly show the following Pursuant to the Energy Policy Act of analyzed in the APEA. captions on the first page: Piney Project, 1992, and as part of the license The scoping meetings will be held on FERC No. 309. A copy of each filing application, the Pennsylvania Electric August 26, 1999, at the Clarion Holiday should also be sent to Thomas R. Tiett, Company/GPU Generation, Inc. (GPU) Inn in Clarion, Pennsylvania. The GPU Generation, Inc., 1001 Broad St., intends to prepare an Applicant agency scoping meeting will be held Johnstown, PA 15907. Prepared Environmental Assessment from 10:00 am to 4:00 pm, and the Based on all written comments, a (APEA) to file along with the license public scoping meeting will be held Scoping Document II (SDII) may be application, with the Federal Energy from 7:00 pm to 9:30 pm. The public is issued. SDII will include a revised list Regulatory Commission (Commission) invited to attend either or both of issues, based on the scoping sessions. for the Piney Project No. 309. The meetings. For more details, interested For further information regarding the license for the project expires on parties should contact Thomas Teitt of APEA scoping process, please contact October 12, 2002. GPU at (814) 533–8788 or (717) 948– William Guey-Lee, Federal Energy In February 1998, GPU started the 8177, prior to the meeting date. Regulatory Commission, 888 First consultation process with preparation Objectives Street, NE, Washington, DC 20426 at and distribution of the Initial (202) 219–2809, or Thomas Tiett (717) At the scoping meetings, NEP and Information Package. This was followed 948–8177. by an initial consultation meeting on Commission staff will: (1) summarize March 10, 1998. Study plans were the environmental issues identified for Linwood A. Watson, Jr., subsequently drafted and reviewed, and analysis in the APEA; (2) solicit from Acting Secretary. field studies commenced in January the meeting participants all available [FR Doc. 99–21283 Filed 8–16–99; 8:45 am] 1999. information, especially quantified data, BILLING CODE 6717±01±M Recently GPU discussed the APEA on the resources at issue; and (3) process for the relicensing of the Piney encourage statements from experts and Project with fish and wildlife agencies, the public on issues that should be ENVIRONMENTAL PROTECTION and on June 24, 1998, GPU requested analyzed in the APEA. Individuals, AGENCY Commission approval to enter into the organizations, and agencies with alternative licensing process. Notice of environmental expertise and concerns [FRL±6423±4] GPU’s request was issued on July 15, are encouraged to attend the meetings 1999, and the Commission has not acted and to assist in defining and clarifying Agency Information Collection on the request. As part of the APEA the issues to be addressed. Activities: Submission for OMB process, GPU has prepared a Scoping Review; Comment Request; Synopses Meeting Procedures Document I (SDI), which provides of Proposed Contract Actions and information on the scoping process, The meeting will be conducted Market Research Activity APEA schedule, background according to the procedures used at AGENCY: information, environmental issues, and Commission scoping meetings. Because Environmental Protection proposed project alternatives. this meeting will be a NEPA scoping Agency (EPA). The purpose of this notice is to: (1) meeting, the Commission will not ACTION: Notice. Advise all parties as to the proposed conduct another scoping meeting when scope of the environmental analysis, the application and APEA are filed with SUMMARY: In compliance with the including cumulative effects, and to the Commission in the Fall of 2000. Paperwork Reduction Act (44 U.S.C. seek additional information pertinent to The meetings may be recorded by a 3501 et seq.), this document announces this analysis; and (2) advise all parties stenographer or tape, and become a part that the following Information of their opportunity for comment. of the formal record of the Commission Collection Request (ICR) has been proceeding on the Piney Project. forwarded to the Office of Management Scoping Process Individuals presenting statements at the and Budget (OMB) for review and The purpose of the scoping process is meetings will be asked to identify approval: Synopses of Proposed to identify significant issues related to themselves for the record. Speaking Contract Actions and Market Research the proposed action and to determine time allowed for individuals will be Activity, EPA ICR Number 1910.01. The what issues should be addressed in the determined before each meeting, based ICR describes the nature of the document to be prepared pursuant to on the number of persons wishing to information collection and its expected the National Environmental Policy Act speak and the approximate amount of burden and cost; where appropriate, it of 1969 (NEPA). The SDI will be time available for the session. Persons includes the actual data collection circulated to enable appropriate federal, choosing not to speak but wishing to instrument. state, and local resource agencies, express an opinion, as well as speakers DATES: Comments must be submitted on Indian tribes, NGOs, and other unable to summarize their positions or before September 16, 1999.

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FOR FURTHER INFORMATION CONTACT: complete and review the collection of of the information collection and its Sandy Farmer at EPA by phone at (202) information; and transmit or otherwise expected burden and cost; where 260–2740, by email at disclose the information. appropriate, it includes the actual data [email protected], or download a Respondents/Affected Entities: collection instrument. copy of the ICR off the Internet at http:/ Businesses; Not-for-profit institutions. DATES: Comments must be submitted on /www.epa.gov/icr and refer to EPA ICR Estimated Number of Respondents: or before September 16, 1999. No. 1910.01. 8100 FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Frequency of Response: On occasion. Sandy Farmer at EPA by phone at (202) Title: Synopses of Proposed Contract Estimated Total Annual Hour Burden: 260–2740, by email at Actions and Market Research Activity; 24,559 hours. [email protected], or download a OMB Control No: not yet assigned, EPA Estimated Total Annualized Capital, copy of the ICR off the Internet at http:/ ICR No: 1910.01. This is a new Operating/ Maintenance Cost Burden: /www.epa.gov/icr and refer to EPA ICR collection. $0. No. 1654.03. Send comments on the Agency’s need Abstract: EPA’s Office of Acquisition SUPPLEMENTARY INFORMATION: for this information, the accuracy of the Management is required by the Federal Title: Reporting Requirements Under provided burden estimates, and any Acquisition Regulation (FAR), parts 5 EPA’s Water Alliances for Voluntary suggested methods for minimizing and 10, to publicize certain contract Efficiency (WAVE) Program (OMB respondent burden, including through actions, and to conduct market research Control No. 2040–0164; EPA ICR No. the use of automated collection activity prior to solicitation of certain 1654.03) expiring October 31, 1999. techniques to the following addresses. contract requirements. In addition to the This is an extension of a currently Please refer to EPA ICR No. 1910.01 in mandated requirements, the FAR approved collection. encourages the publication of contract any correspondence. Abstract: EPA initially collects facility actions and the conduct of market Ms. Sandy Farmer, U.S. Environmental information and thereafter annually research in other instances. The Protection Agency, Office of Policy, collects water, energy, and cost savings information collected from these Regulatory Information Division information from participants in the activities is used to make procurement (2137), 401 M Street, SW, WAVE program. WAVE Partners are decisions such as: the supply or service Washington, DC 20460; commercial businesses or institutions to procure, which sources to utilize, and that voluntarily agree to implement extent of small business participation, Office of Information and Regulatory cost-effective water efficiency measures contract type, etc. Responses to Affairs, Office of Management and in their facilities. Initially the WAVE synopses notices and market research Budget, Attention: Desk Officer for Program targeted the lodging industry, inquiries are voluntary, but may be EPA, 725 17th Street, NW, but is expanding to include office required in order to be considered for Washington, DC 20503. buildings, educational institutions and the award of an Agency contract. Dated: August 12, 1999. medical facilities. Another type of An agency may not conduct or Joseph Retzer, participant, ‘‘Supporters,’’ will work sponsor, and a person is not required to Director, Regulatory Information Division. with EPA to promote water efficiency. respond to, a collection of information [FR Doc. 99–21312 Filed 8–16–99; 8:45 am] Supporters are equipment unless it displays a currently valid OMB BILLING CODE 6560±50±U manufacturers, water management control number. The OMB control companies, utilities, state and local numbers for EPA’s regulations are listed governments, or the like. in 40 CFR part 9 and 48 CFR Chapter ENVIRONMENTAL PROTECTION The purpose of the WAVE Program is 15. The Federal Register document AGENCY pollution prevention. As defined by required under 5 CFR 1320.8(d), EPA, pollution prevention means soliciting comments on this collection [FRL±6423±5] ‘‘source reduction’’ as defined under the of information was published on 5/14/ Pollution Prevention Act, and other Agency Information Collection 99, 64 FR 26408. No comments were practices that reduce or eliminate the Activities: Submission for OMB received. creation of pollutants through increased Review; Comment Request; Reporting Burden Statement: The annual public efficiency in the use of raw materials, Requirements Under EPA's Water reporting and recordkeeping burden for energy, water, or other resources, or Alliances for Voluntary Efficiency this collection of information is through protection of natural resources (WAVE) Program estimated to average 3.03 hours per by conservation. By promoting water response. Burden means the total time, AGENCY: Environmental Protection efficiency, WAVE prevents pollution in effort, or financial resources expended Agency (EPA). two basic ways. First, wastewater flows by persons to generate, maintain, retain, ACTION: Notice. are reduced which can increase or disclose or provide information to or treatment efficiency at wastewater for a Federal agency. This includes the SUMMARY: In compliance with the treatment plants resulting in reduced time needed to review instructions; Paperwork Reduction Act (44 U.S.C. pollutant loads. Second, less water used develop, acquire, install, and utilize 3501 et seq.), this document announces means that less energy will be used to technology and systems for the purposes that the following Information treat, transport, and heat drinking water of collecting, validating, and verifying Collection Request (ICR) has been and to transport and treat wastewater. information, processing and forwarded to the Office of Management To the extent that the reduced energy maintaining information, and disclosing and Budget (OMB) for review and use so achieved is electrical energy, and providing information; adjust the approval: Reporting Requirements power plant emissions are reduced. existing ways to comply with any Under EPA’s Water Alliances for Water efficiency also causes less water previously applicable instructions and Voluntary Efficiency (WAVE) Program, to be withdrawn and helps preserve requirements; train personnel to be able OMB Control Number 2040–0164, EPA streamflow to maintain a healthy to respond to a collection of ICR Number 1654.03, expiring October aquatic environment; in addition, less information; search data sources; 31, 1999. The ICR describes the nature pumping of groundwater lowers the

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FOR FURTHER INFORMATION CONTACT: EPA uses the information to maintain Estimated Total Annual Hour Burden: Sandy Farmer at EPA by phone at (202) a profile of program membership and to 2556 hours. 260–2740, by E-Mail at monitor the success of the program, Estimated Total Annualized Cost [email protected] or demonstrate that pollution prevention Burden (non-labor costs): $0.00. download a copy of the ICR off the can be accomplished with a non- Send comments on the Agency’s need Internet at http://www.epa.gov/icr and regulatory approach, and to promote the for this information, the accuracy of the refer to EPA ICR No. 1150.05. program to potential partners. provided burden estimates, and any Participation in the WAVE Program is suggested methods for minimizing SUPPLEMENTARY INFORMATION: voluntary; however, a participant joins respondent burden, including through Title: Standards of Performance of the program by signing and submitting the use of automated collection Volatile Organic Compound (VOC) a Membership Agreement and an annual techniques to the following addresses. Emissions from the Polymer Results Report to EPA to receive and Please refer to EPA ICR No. 1654.03 and Manufacturing Industry, Subpart DDD, retain program benefits, such as OMB Control No. 2040–0164 in any OMB Control No. 2060–0145; EPA ICR software and publicity. No participant is correspondence. No. 1150.05, expiring 11/30/99. This is required to submit confidential business Ms. Sandy Farmer, U.S. Environmental a request for extension of a currently information. EPA maintains and Protection Agency, Office of Policy, approved collection. distributes a list of program Regulatory Information Division Abstract: This ICR contains participants, and presents aggregated (2137), 401 M Street, SW, recordkeeping and reporting data only in its program progress Washington, DC 20460; requirements that are mandatory for reports. and compliance with 40 CFR 60.560, subpart An agency may not conduct or Office of Information and Regulatory sponsor, and a person is not required to DDD, Standards of Performance for VOC Affairs, Office of Management and Emissions from the Polymer respond to, a collection of information Budget, Attention: Desk Officer for unless it displays a currently valid OMB Manufacturing Industry. This EPA, 725 17th Street, NW, information is used by the Agency to control number. The OMB control Washington, DC 20503. numbers for EPA’s regulations are listed identify sources subject to the standards in 40 CFR part 9 and 48 CFR Chapter Dated: August 11, 1999. and to insure that the best demonstrated 15. The Federal Register document Joseph Retzer, technology is being properly applied. required under 5 CFR 1320.8(d), Director, Regulatory Information Division. Owners or operators of the affected soliciting comments on this collection [FR Doc. 99–21313 Filed 8–16–99; 8:45 am] facilities described must make the following one-time-only reports: of information was published on April BILLING CODE 6560±50±P 29, 1999 (64 FR 23069); no comments notification of the date of construction were received. or reconstruction; notification of the Burden Statement: The annual public ENVIRONMENTAL PROTECTION anticipated and actual dates of startup; reporting and record keeping burden for AGENCY notification of any physical or this collection of information is operational change to an existing facility [FRL±6423±6] estimated to average three hours and which may increase the regulated pollutant emission rate; notification of three minutes per Membership Agency Information Collection the date of the initial performance test; Agreement response, and five hours and Activities: Submission for OMB and the results of the initial 54 minutes per Results Report response. Review; Comment Request, New performance test. Owners or operators Approximately 870 facilities will be Source Performance Standards for are also required to maintain records of subject to this information collection for Volatile Organic Compound Emissions the occurrence and duration of any an estimated annual burden of 2,556 From the Polymer Manufacturing startup, shutdown, or malfunction in hours. Burden means the total time, Industry effort, or financial resources expended the operation of an affected facility, or by persons to generate, maintain, retain, AGENCY: Environmental Protection any period during which the monitoring or disclose or provide information to or Agency (EPA). system is inoperative. The standards for a Federal agency. This includes the ACTION: Notice. require periodic recordkeeping to time needed to review instructions; document process information relating develop, acquire, install, and utilize SUMMARY: In compliance with the to the sources’ ability to meet the technology and systems for the purposes Paperwork Reduction Act (44 U.S.C. requirements of the standard and to note of collecting, validating, and verifying 3501 et seq.), this document announces the operation conditions under which information, processing and that the following Information compliance was achieved. An agency maintaining information, and disclosing Collection Request (ICR) has been may not conduct or sponsor, and a and providing information; adjust the forwarded to the Office of Management person is not required to respond to, a existing ways to comply with any and Budget (OMB) for review and collection of information unless it previously applicable instructions and approval: Standards of Performance of displays a currently valid OMB control requirements; train personnel to be able Volatile Organic Compound (VOC) number. The OMB control numbers for to respond to a collection of Emissions from the Polymer EPA’s regulations are listed in 40 CFR information; search data sources; Manufacturing Industry, OMB Control part 9 and 48 CFR Chapter 15. The complete and review the collection of No. 2060–0145, expiration date Federal Register document required information; and transmit or otherwise November 30, 1999. The ICR describes under 5 CFR 1320.8(d), soliciting disclose the information. the nature of the information collection comments on this collection of Respondents/Affected Entities: and its expected burden and cost; where information was published on 06/04/99 Businesses, Institutions, State and local appropriate, it includes the actual data (64 FR 30019); no comments were governments. collection instrument. received.

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Burden Statement: The annual public ENVIRONMENTAL PROTECTION (5305W), U.S. EPA, 401 M Street, SW, reporting and recordkeeping burden for AGENCY Washington, DC 20460. Public comments and supporting materials are this collection of information is [FRL±6423±3] estimated to average 59 hours per available for viewing in the RCRA response. Burden means the total time, Request for Information Concerning Information Center (RIC), located at effort, or financial resources expended Transfrontier Movements of Wastes Crystal Gateway I, First Floor, 1235 by persons to generate, maintain, retain, Destined for Recovery Operations Jefferson Davis Highway, Arlington, VA. or disclose or provide information to or Within the OECD Area The RIC is open from 9 a.m. to 4 p.m., for a Federal agency. This includes the Monday through Friday, excluding AGENCY: time needed to review instructions; Environmental Protection federal holidays. To review docket Agency (EPA). develop, acquire, install, and utilize materials, it is recommended that the public make an appointment by calling technology and systems for the purposes ACTION: Notice. (703) 603–9230. The public may copy a of collecting, validating, and verifying SUMMARY: The Environmental Protection maximum of 100 pages from any information, processing and Agency (EPA) is requesting specific regulatory docket at no charge. maintaining information, and disclosing information from interested parties, and Additional copies cost $0.15/page. For and providing information; adjust the the U.S. regulated community in information on accessing this document existing ways to comply with any particular, on imports and exports of electronically, see the SUPPLEMENTARY previously applicable instructions and secondary materials, wastes and INFORMATION section. requirements; train personnel to be able hazardous wastes moving toward FOR FURTHER INFORMATION CONTACT: Ms. to respond to a collection of recycling operations in the 29 member Julia Gourley, Office of Solid Waste information; search data sources; countries of the Organization for (5304W), U.S. Environmental Protection complete and review the collection of Economic Cooperation and Agency, Washington, D.C. 20460; information; and transmit or otherwise Development (OECD). This information telephone: (703) 308–8751; fax: (703) disclose the information. will be used by EPA and other federal 308–0514; e-mail: Respondents/Affected Entities: agencies in developing U.S. positions [email protected]. with respect to potential harmonization Owners and operators of the Polymer SUPPLEMENTARY INFORMATION: of certain provisions of OECD Council Manufacturing Industry. Decision C(92)39 concerning the control Internet Access Estimated Number of Respondents: of transfrontier movements of wastes This document may be accessed at the 105. destined for recovery operations with following internet address: http:// Frequency of Response: Initial and those of the Basel Convention on the www.epa.gov/epaoswer/hazwaste/exp- semi-annual. Control of Transboundary Movements of imp/oecd.htm. Hazardous Wastes and Their Disposal Estimated Total Annual Hour Burden: (‘‘Basel Convention’’ or ‘‘the I. Background 14,691. Convention’’), including the possible A. Relationship of OECD Council Estimated Total Annualized Capital, replacement of the OECD waste lists Decision C(92)39 to the Basel O&M Cost Burden: $765,000. (green, amber, and red) with the Basel Convention waste lists (Annexes VIII and IX). Send comments on the Agency’s need The Basel Convention is an for this information, the accuracy of the DATES: Responses to this document international treaty under the United provided burden estimates, and any should be submitted no later than Nations Environment Program (UNEP) suggested methods for minimizing September 30, 1999. that applies to transboundary respondent burden, including through ADDRESSES: Commenters must send an movements (exports and imports) of the use of automated collection original and two copies of their hazardous and other wastes and their techniques to the following addresses. comments referencing docket number disposal. It opened for signature upon Please refer to EPA ICR No. 1150.05 and F–1999–TMWA–FFFFF to: RCRA the conclusion of UNEP negotiations on OMB Control No. 2060–0145 in any Docket Information Center, Office of March 22, 1989 and entered into force, correspondence. Solid Waste (5305G), U.S. 90 days after the 20th ratification, on Environmental Protection Agency May 5, 1992. As of June 17, 1999 there Ms. Sandy Farmer, U.S. Environmental Headquarters (EPA, HQ), 401 M Street, are 123 parties to the Basel Convention Protection Agency, Office of Policy, SW, Washington, DC 20460. Hand (countries and others that have ratified, Regulatory Information Division deliveries of comments should be made acceded to, approved, or otherwise (2137), 401 M Street, SW, to the Arlington, VA, address listed accepted it). The U.S. signed the Washington, DC 20460; below. Comments may also be agreement on March 22, 1990, but has and submitted electronically to: rcra- not ratified it. The Basel Convention, [email protected]. Comments in therefore, does not apply to the U.S. at Office of Information and Regulatory electronic format should also be the present time. Affairs, Office of Management and identified by the docket number F– The Basel Convention prohibits Budget, Attention: Desk Officer for 1999–TMWA–FFFFF. All electronic imports and exports of covered wastes EPA, 725 17th Street, NW, comments must be submitted as an between parties to it and non-parties; Washington, DC 20503. ASCII file avoiding the use of special however, Article 11 of the Convention Dated: August 11, 1999. characters and any form of encryption. provides for an exception to this Richard T. Westlund, Commenters should not submit prohibition for those parties and non- electronically any confidential business parties that have entered into separate Acting Director, Regulatory Information Division. information (CBI). An original and two agreements that are consistent with the copies of CBI must be submitted under environmentally sound management [FR Doc. 99–21314 Filed 8–16–99; 8:45 am] separate cover to: RCRA CBI Document provisions of the Convention. The BILLING CODE 6560±50±U Control Officer, Office of Solid Waste member countries of the Organization

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This agreement, Convention by: (i) replacing the OECD attention to recommendation number 3 known as OECD Council Decision green, amber, and red lists of wastes which is of particular significance C(92)39/FINAL, was adopted by the with Annexes VIII and IX of the Basel because it would have the greatest OECD Council on March 30, 1992, and Convention, (ii) applying the green impact on the operation of C(92)39. In is legally binding on all member procedure to Annex IX wastes and the addition to potential effects on countries that have accepted it amber procedure (including the transboundary movements of regulated (presently all but Hungary and Poland, possibility of written consent) to Annex hazardous wastes, this recommendation or 27 of the 29 member countries). It is VIII wastes, and (iii) eliminating the could affect movements of non- a pre-existing agreement pursuant to present OECD Review Mechanism, but hazardous wastes, non-wastes, and Article 11 paragraph 2 of the Basel retaining the possibility of applying secondary materials which may be Convention. The U.S. accepted the differing levels of control within the within the scope of C(92)39. agreement and promulgated OECD Control System, in exceptional II. Differences Between the OECD implementing regulations under the cases, to Annex VIII and Annex IX Control System and the Basel Resource Conservation and Recovery wastes, from those applied under the Convention Act (RCRA) on April 12, 1996 (40 CFR Basel Convention; part 262, subpart H). Nothing in today’s (4) The mandatory OECD data The overall goal of the Basel document alters or amends these collection on exports and imports of Convention is to protect human health regulations, which remain in full force waste, and periodic or annual review of and the environment against the adverse and effect. action taken by Member countries in effects from the generation and pursuance of a number of Council Acts management of hazardous wastes and B. History of OECD Harmonization other wastes. The main objectives of the Efforts should be eliminated; (5) All waste related Council Acts Basel Convention are to: In April 1997, the Environment Policy except Council Decision C(92)39 should —Reduce transboundary movements of Committee (EPOC) of the OECD directed be consolidated into one Act; Basel wastes to a minimum consistent one of its subsidiary bodies, the (6) Work towards further with their environmentally sound Working Group on Waste Management harmonization of the different management; Policy (WGWMP) (formerly known as international control systems for —Dispose of the wastes as close as the Waste Management Policy Group or transfrontier movements of wastes possible to their source of generation; WMPG) to identify areas where it would should be continued, with the ultimate —Minimize the generation of hazardous be feasible and appropriate to goal of achieving a globally harmonized wastes in terms of quantity and harmonize the procedures and control system; hazardousness; requirements of OECD Council Decision (7) The OECD work in the field of —Ensure strict control on the movement C(92)39/FINAL (hereafter referred to as waste management should be reoriented of wastes across borders as well as the C(92)39) with those of the Basel to focus on emerging cross-cutting prevention of illegal traffic; Convention, to identify areas where issues regarding reuse and recycling of —Prohibit shipments of waste to duplication between the two agreements waste such as: (i) adapting the control countries lacking the legal, could be eliminated, and to report back procedures to encourage the administrative and technical capacity to it in spring 1999. implementation of end-of-life product to manage and dispose of them in an In fulfillment of this mandate, the take-back programs and to facilitate environmentally sound manner; and WGWMP made the following eight closed-loop recycling of materials; and —Assist developing countries and recommendations to the EPOC: (ii) developing standards for countries in transition in (1) The OECD Control System and the environmentally sound management of environmentally sound management related Council Acts should be retained wastes destined for recovery operations; of their own wastes. in a streamlined form which would and, The Basel Convention establishes a make the OECD Control System more (8) WGWMP activities should be system for controlling transboundary efficient and effective and enhance continued as a Part I program to movements of hazardous wastes and harmonization with the Basel facilitate participation of all Member other wastes for both final disposal and Convention; countries in the work. (2) Certain procedural elements of the recycling (note: recycling is considered At its March 24–26, 1999 meeting, the OECD Control System, such as time a type of disposal under the EPOC endorsed these recommendations. limits for the approval process for Convention). It sets out general The WGWMP is now exploring options transfrontier movement, tacit consent obligations and specifies restrictions for their implementation, including (as well as the possibility for a written and prohibitions on imports and exports streamlining C(92)39 and harmonizing it consent) and preauthorization of such wastes. Its primary purpose is to with the Basel Convention where protect developing countries from waste 1 The member countries of the OECD (also known appropriate and consolidating the other mismanagement. as the ‘‘OECD area’’) are Australia, Austria, legally-binding waste-related Council In September 1995, the third meeting Belgium, Canada, Czech Republic, Denmark, Acts into one Act. Formal negotiations of the Conference of the Parties (COP III) Finland, France, Germany, Greece, Hungary, between the member countries resulting adopted Decision III/1 containing an Iceland, Ireland, Italy, Japan, Luxembourg, Mexico, Netherlands, New Zealand, Norway, Poland, in consensus agreement will be required amendment to the Convention adding a Portugal, S. Korea, Spain, Sweden, Switzerland, before amendments to these Council new Article 4A prohibiting exports of Turkey, United Kingdom, United States. Acts can be forwarded to the OECD hazardous waste for final disposal and

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This presented by the waste and the typical Basel Convention does not distinguish amendment will enter into force when management practice (recycling between disposal and recycling, so its 3/4 of the parties present and voting at operation) applied to it: lists contain wastes that are both COP III (i.e., 62 parties) have ratified it. recycled and disposed (whereas the Properties As of June 1999, 14 ratifications were OECD lists, for the most part, contain registered with the UN Depository. (1) Does the waste normally exhibit wastes and secondary materials that are OECD Council Decision C(92)39 any of the hazardous characteristics typically recycled). In addition, the establishes a control system, listed in Table 5 of OECD Council Basel lists do not, at present, contain HS complementary to the Basel Convention, Decision C(88)90? Furthermore, it is (Customs) codes. for transfrontier movements of wastes useful to know if the waste is legally The remainder of this section destined for recovery operations within defined as or considered to be a describes some of the significant the OECD area. It designates three hazardous waste in one or more member differences in the waste lists of the two ‘‘tiers’’ of wastes according to their countries. agreements. potential overall environmental risk: the (2) Is the waste typically green, amber and red tiers which have contaminated? 1. OECD Green List vs. Basel corresponding waste lists. C(92)39 (3) What is the physical state of the Convention Annex IX requires control of transfrontier waste? The following six Basel Convention movements of amber and red tier (4) What is the degree of difficulty of Annex IX listings do not have wastes, but requires no control for green cleanup in the case of accidental corresponding entries on the OECD tier wastes destined for recovery spillage or mismanagement? green list: operations, other than those normally (5) What is the economic value of the B1010 Thorium scrap applied to commercial transactions. Red waste bearing in mind historical price B1030 Refractory metals containing list wastes are subject to a control fluctuations? residues procedure, which is almost identical to Management: B1050 Mixed, non-ferrous metal, the Basel Convention. Amber list wastes heavy fraction scrap, not containing are subject to somewhat less stringent (6) Is there technological capability to Annex I materials in concentrations control procedures, including allowing recover the waste? sufficient to exhibit Annex III (7) Is there a history of adverse the competent authorities to use ‘‘tacit’’ characteristics 2 (presumed) consent as a means of environmental incidents arising from B1100 Wastes of refractory linings, approval for a notified movement of transfrontier movements of the waste or including crucibles, originating waste, and to grant ‘‘pre-consent’’ to associated recovery operations? from copper smelting domestic facilities to accept amber list (8) Is the waste routinely traded B3110 Fellmongery wastes not wastes under a streamlined set of through established channels and is that containing hexavalent chromium requirements. evidenced by commercial classification? compounds or biocides or (9) Is the waste usually moved infectious substances A. Comparison of OECD and Basel internationally under the terms of a B3120 Wastes consisting of food dyes Convention Waste Lists valid contract or chain of contracts? Both the Basel Convention and (10) What is the extent of reuse and The following 21 entries on the OECD C(92)39 contain waste lists which recovery of the waste and how is any green list do not have corresponding generally define the scope of coverage of portion separated from the waste but not entries on Basel Annex IX: each agreement. Annex VIII of the Basel subject to recovery managed? GA190 Molybdenum waste and scrap Convention contains the list of (11) What are the overall GA200 Tantalum waste and scrap hazardous wastes that are generally environmental benefits arising from the GA300 Chromium waste and scrap subject to the requirements of the recovery operations? GC030 Vessels and other floating Convention when they are exported or Another important distinguishing structures for breaking up, properly imported. It is an elaboration of the feature of the OECD waste lists is the emptied of any cargo and other categories and constituents of Annex I. inclusion of Customs codes. The OECD materials arising from the operation Annex IX of the Convention contains WGWMP coordinates closely with the of the vessel which may have been the list of wastes and secondary Nomenclature and Classification classified as a dangerous substance materials that are generally outside the Division of the World Customs or waste scope of the Convention, and thus are Organization in comparing the waste GC040 Motor vehicle wrecks, drained not subject to its provisions when listings with the Harmonized of liquids exported or imported. Commodity Description and Coding GC090 Molybdenum As mentioned above, C(92)39 contains System (Harmonized System, or HS) GC100 Tungsten three waste lists. The green list contains and assigns HS codes accordingly, GC110 Tantalum wastes and secondary materials where applicable. In addition, the text GC120 Titanium generally considered to be non- of some OECD waste listings identically GC130 Niobium hazardous in most or all OECD member matches the counterpart text in the HS, GC140 Rhenium countries. The amber list contains which facilitates transboundary 2 If the OECD member countries agree to replace wastes generally considered to be movements through Customs ports in the OECD lists with the Basel Convention lists, hazardous by the member countries, the OECD member countries. minor wording changes will be necessary to correct while the red list consists of wastes By contrast, the Basel Convention language unique to the Basel Convention. For considered extremely hazardous and waste lists in Annexes VIII and IX of the example, in Basel Annex IX listing B1050 above, the term ‘‘Annex I’’ could be deleted, while the that warrant full export/import controls. Convention were developed based on phrase ‘‘exhibit Annex III characteristics’’ could be The OECD lists were developed the ‘‘intrinsic hazard’’ of the waste (e.g. changed to ‘‘render it hazardous’’ or similar according to the following poisonous, ignitable, corrosive, etc.), language conveying the same idea.

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GE020 Glass fiber wastes GM140 Waste edible fats and oils of trimmed edges) and down, not GF010 Ceramic wastes which have animal or vegetable origin (e.g. further worked than cleaned, been fired after shaping, including frying oils) disinfected or treated for ceramic vessels (before and/or after GN010 Waste of pig’s, hog’s, or boar’s preservation use) bristles and hair or of badger hair GO040 Parings and other waste of GG160 Bituminous material (asphalt and other brush making hair leather or of composition leather, wastes) from road construction and GN020 Horsehair waste, whether or not suitable for the manufacture of maintenance, not containing tar not put up as a layer with or leather articles, excluding leather GH013 Waste, parings, and scrap of without supporting material sludges plastics of polymers of vinyl GN030 Wastes of skins and other parts The following six OECD green listings chloride of birds, with their feathers or correspond to four Basel Annex IX GJ140 Waste textile floor coverings, down, of feathers and parts of listings, but with different wordings carpets feathers (whether or not with (Table 1).

TABLE 1.ÐDIFFERENCES IN WORDING BETWEEN OECD GREEN LIST AND BASEL ANNEX IX

OECD green listing Basel annex IX listing

GB030 Aluminum skimmings (excluding those that are flammable or B1100 Aluminum skimmings (or skims) excluding salt slag. emit, upon contact with water, flammable gases in dangerous quan- tities). GC020 Electronic scrap (e.g. printed circuit boards, electronic compo- B1110 Waste electrical and electronic assemblies or scrap (not in- nents, wire, etc.) and reclaimed electronic components suitable for cluding scrap from electrical power generation) (including printed cir- base and precious metal recovery. cuit boards) not containing components such as accumulators and other batteries included on Annex VIII, mercury switches, glass from cathode ray tubes and other activated glass and PCB capacitors, or not contaminated with Annex I constituents (e.g. cadmium, mercury, lead, PCB) or from which these have been removed, to an extent they do not possess any of the characteristics contained in Annex III. B1110 Electrical and electronic assemblies (including printed circuit boards, electronic components and wires) destined for direct reuse (reuse can include repair, refurbishment or upgrading, but not major reassembly) and not for recycling or final disposal (in some countries these materials destined for direct reuse are not considered wastes). GC150 Gold ...... B1150 Precious metals and alloy wastes (gold, silver, the platinum GC160 Platinum (the expression ``platinum'' includes platinum, irid- group, but not mercury) in a dispersible, non-liquid form with appro- ium, osmium, palladium, rhodium, and ruthenium) priate packaging and labeling. GC170 Other precious metals, e.g. silver. GH014 Waste, parings, and scrap of plastics of polymers of B3010 The following fluorinated polymer wastes: perfluoroethylene/ fluorinated ethylene (teflon, PTFE). propylene (FEP), perfluoroalkoxy alkane (PFA), perfluoroalkoxy al- kane (MFA), polyvinylfluoride (PVF), polyvinylidenefluoride (PVDF).

EPA is interested in comments therefore either be placed on Annex IX AA010 Dross, scalings and other regarding the significance of the or remain unlisted). The scope of wastes from the manufacture of iron differences between the non-hazardous coverage in C(92)39, however, is not and steel lists of the two agreements and, in determined by such a combination of AA050 Aluminum ashes and residues particular, whether the narrower scope categories/constituents and hazard AA060 Vanadium ashes and residues of Basel Annex IX could have any characteristics; thus, Basel’s scope of AA070 Ashes and residues containing significant bearing on intra-OECD trade coverage is narrower than that of metals or metal compounds not in these wastes and materials. C(92)39. elsewhere specified or included 2. OECD Amber and Red Lists vs. Basel Two amber listings are covered by AA110 Residues from alumina Convention Annex VIII Annex II of the Basel Convention, production not elsewhere specified Of perhaps greater significance are the ‘‘Categories of Wastes Requiring Special or included differences in the lists of regulated Attention: AB020 (residues arising from AA190 Magnesium waste and scrap hazardous wastes of the two agreements. the combustion of municipal/household that is flammable, pyrophoric or A waste is classified as hazardous under wastes), and AD160 (municipal/ emits, upon contact with water, the Basel Convention if it is linked to household wastes). flammable gasses in dangerous either a category or constituent in One OECD red listing (RB020, quantities Annex I, unless it does not exhibit any ceramic-based fibers of physico- AB010 Slag, ash and residues, not of the characteristics of hazardous waste chemical characteristics similar to those elsewhere specified or included contained in Annex III (Article 1 of asbestos) and the following 27 OECD AB030 Wastes from non-cyanide based 3 paragraph 1(a)). If these criteria are not amber listings do not directly systems which arise from surface satisfied, the waste or material is not correspond to entries on Basel Annex treatment of metals covered by the Convention (and may VIII (in most cases there is no linkage to AB070 Sands used in foundry Basel Annex I; in order to add them to operations 3 In addition, wastes considered hazardous under Basel Annex VIII, at a minimum an AB120 Inorganic halide compounds, a party’s domestic laws and regulations are also subject to control under the Basel Convention amendment of Basel Annex I would be not elsewhere specified or included (Article 1 paragraph 1(b)). required): AB130 Used blasting grit

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AB150 Unrefined calcium sulfite and Basel parties and OECD member A3110 Fellmongery wastes containing calcium sulfate from flue gas countries disagree as to their hexavalent chromium compounds desulfurization (FGD) hazardousness; and/or (iii) there are or biocides or infectious substances AC020 Bituminous materials (asphalt different criteria for listing wastes in (note the related entry on Annex IX: waste) not elsewhere specified or Basel (intrinsic hazard) vs. C(92)39 B3110) included (risk): A4020 Clinical and related wastes; AC060 Hydraulic fluids A1040 Wastes having as constituents: that is, waste arising from medical, AC070 Brake fluids metal carbonyls; hexavalent nursing, dental, veterinary, or AC080 Antifreeze fluids chromium compounds similar practices, and wastes AC140 Triethylamine catalyst for A1180 Waste electrical and electronic generated in hospitals or other setting foundry sands assemblies or scrap containing facilities during the investigation or AC150 Chlorofluorocarbons components such as accumulators AC160 Halons treatment of patients, or research and other batteries included in projects AC170 Treated cork and wood wastes Annex VIII, mercury switches, glass AC250 Surface active agents from cathode ray tubes and other A4130 Waste packages and containers (surfactants) activated glass and PCB capacitors, containing Annex I substances in AC260 Liquid pig manure; feces or contaminated with Annex I concentrations sufficient to exhibit AC270 Sewage sludge constituents (e.g. cadmium, Annex III hazard characteristics AD090 Wastes from the production, mercury, lead, PCB) to an extent A4140 Waste consisting of or formulation and use of reprographic that they possess any of the containing off specification or out- and photographic chemicals and characteristics contained in Annex dated chemicals corresponding to materials not elsewhere specified or III (note the related entry on Annex Annex I categories and exhibiting included IX: B1110) Annex III hazard characteristics AD100 Wastes from non-cyanide A2060 Coal-fired power plant fly ash A4150 Waste chemical substances based systems which arise from containing Annex I substances in surface treatment of plastics arising from research and concentrations sufficient to exhibit development or teaching activities AD120 Ion exchange resins Annex III characteristics (note the AD150 Naturally-occurring organic which are not identified and/or are related entry on Annex IX: B2050) new and whose effects on human material used as a filter medium A3100 Waste parings and other waste health and/or the environment are (such as bio-filters) of leather or of composition leather not known The following nine Annex VIII not suitable for the manufacture of listings do not correspond to any OECD leather articles containing The following 13 amber listings are amber or red listing. There are several hexavalent chromium compounds broader in scope than their possible explanations for this: (i) these or biocides (note the related entry corresponding Annex VIII listings wastes are not typically recycled; (ii) the on Annex IX: B3090) (Table 2).

TABLE 2.ÐAMBER LISTINGS BROADER IN SCOPE THAN CORRESPONDING ANNEX VIII LISTINGS.

OECD amber listing Basel convention annex VIII listing

AA020 Zinc ashes and residues ...... A1080 Waste zinc residues not included in Annex IX, containing lead and cadmium in concentrations sufficient to exhibit Annex III charac- teristics. AA040 Copper ashes and residues ...... A1090 Ashes from the incineration of copper wire. A1100 Dusts and residues from gas cleaning systems of copper smelters. A1110 Spent electrolytic solutions from copper electrorefining and electrowinning operations. A1120 Waste sludges, excluding anode slimes, from copper electrorefining and electrowinning operations. A1130 Spent etching solutions containing dissolved copper. A1140 Waste cupric chloride and copper cyanide catalysts. AA161 Ash from incineration of printed circuit boards ...... A1150 Precious metal ash from incineration of printed circuit boards not included in Annex IX. AA180 Used batteries or accumulators, whole or crushed, other than A1170 Unsorted waste batteries excluding mixtures of only Annex IX lead-acid batteries, and waste and scrap arising from the production batteries. Waste batteries not specified on Annex IX containing of batteries and accumulators, not otherwise specified or included. Annex I constituents to an extent to render them hazardous. AB110 Basic solutions ...... A4090 Waste acidic or basic solutions, other than those specified in the corresponding entry on Annex IX (note the related entry on Annex IX: B2120). AB140 Gypsum arising from chemical industry processes ...... A2040 Waste gypsum arising from chemical industry processes, when containing Annex I constituents to the extent that it exhibits an Annex III hazardous characteristic (note the related entry on Annex IX: B2080). AC030 Waste oils unfit for their originally intended use ...... A3020 Waste mineral oils unfit for their originally intended use. AC090 Waste from production, formulation, and use of resins, latex, A3050 Waste from production, formulation, and use of resins, latex, plasticizers, glues and adhesives. plasticizers, glues/adhesives excluding such wastes specified on Annex IX (note the related entry on Annex IX: B4020). AC130 Ethers ...... A3080 Waste ethers not including those specified on Annex IX. AC180 Leather dust, ash, sludges and flours ...... A3090 Waste leather dust, ash, sludges and flours when containing hexavalent chromium compounds or biocides (note the related entry on Annex IX: B3100).

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TABLE 2.ÐAMBER LISTINGS BROADER IN SCOPE THAN CORRESPONDING ANNEX VIII LISTINGS.ÐContinued

OECD amber listing Basel convention annex VIII listing

AD070 Wastes from production, formulation and use of inks, dyes, A4070 Wastes from the production, formulation and use of inks, dyes, pigments, paints, lacquers, varnish. pigments, paints, lacquers, varnish excluding any such waste speci- fied on Annex IX (note the related entry on Annex IX: B4010). AD110 Acidic solutions ...... A4090 Waste acidic or basic solutions, other than those specified in the corresponding entry on Annex IX (note the related entry on Annex IX: B2120). AD130 Single use cameras with batteries ...... A1180 Waste electronic assemblies or scrap containing components such as accumulators and other batteries in Annex VIII.

The following 18 Annex VIII listings are broader in scope than their corresponding amber listings (Table 3).

TABLE 3.ÐANNEX VIII LISTINGS BROADER IN SCOPE THAN CORRESPONDING AMBER AND RED LISTINGS.

OECD amber or red listing Basel convention annex VIII listing

AA030 Lead ashes and residues ...... A1010 Metal wastes consisting of alloys of lead, but excluding such wastes as specifically listed on Annex IX. A1020 Wastes having as constituents or contaminants, excluding metal waste in massive form, lead or lead components. AA080 Thallium waste and residues ...... A1010 Metal wastes and waste consisting of alloys of thallium, but excluding such wastes specifically listed on Annex IX. A1030 Wastes having as constituents or contaminants thallium; thal- lium compounds. AA090 Arsenic waste and residues ...... A1010 Metal wastes and waste consisting of alloys of arsenic, but ex- cluding such wastes specifically listed on Annex IX. A1030 Wastes having as constituents or contaminants arsenic; ar- senic compounds. AA100 Mercury waste and residues ...... A1010 Metal wastes and waste consisting of alloys of mercury, but excluding such wastes specifically listed on Annex IX. A1030 Wastes having as constituents or contaminants mercury; mer- cury compounds. AB080 Waste catalysts not on the green list ...... A2030 Waste catalysts but excluding such wastes specified on Annex IX. A1140 Waste cupric chloride and copper cyanide catalysts. AC010 Waste from the production/processing of petroleum coke and A3010 Waste from the production or processing of petroleum coke and bitumen, excluding anode butts. bitumen. AC040 Leaded petrol (gasoline) sludges ...... A3030 Wastes that contain, consist of or are contaminated with lead- DRC030 Leaded anti-knock compound sludges ...... ed anti-knock compound sludges. AC120 Polychlorinated naphthalenes ...... A3180 Waste, substances and articles containing, consisting of or contaminated with polychlorinated naphthalene (PCN). AC190 Fluff light fraction from automobile shredding ...... A3120 FluffÐlight fraction from shredding. AD170 Spent activated carbon having hazardous characteristics and A4160 Spent activated carbon not included in Annex IX (note the re- resulting from its use in the inorganic chemical, organic chemical and lated entry on Annex IX: B2060). pharmaceutical industries, waste water treatment, gas/air cleaning processes and similar applications. RA010 Wastes, substance and articles containing, consisting of or A3180 Wastes, substances and articles containing, consisting of or contaminated with polychlorinated biphenyl (PCB) and/or poly- contaminated with polychlorinated biphenyl (PCB), polychlorinated chlorinated terphenyl (PCT) and/or polybrominated biphenyl (PBB), terphenyl (PCT), polychlorinated naphthalene (PCN) or including any other polybrominated analogues of these compounds, polybrominated biphenyl (PBB), or any other polybrominated ana- at a concentration level of 50 mg/kg or more. logues of these compounds at a concentration level of 50 mg/kg or more. RC040 Peroxides other than hydrogen peroxide ...... A4120 Wastes that contain, consist of or are contaminated with per- oxides.

EPA is interested in comments example, 18 Annex IX listings are at to cause the waste to exhibit an Annex regarding the significance of the least partially covered by 17 amber III characteristic. These mirror listings differences between the OECD amber/ listings (Table 4). This is largely due to can be confusing for regulators and, in red lists and Basel Annex VIII for intra- the fact that the Basel Convention lists particular, Customs officials at border OECD trade purposes. contain ‘‘mirror listings’’ ‘‘listings on crossings who must make decisions both Annexes VIII and IX that differ about a particular shipment including 3. OECD Green List vs. Basel Annex either by specifying the particular verifying shipping documents and VIII, OECD Amber List vs. Basel Annex contaminants or constituents that assessing tariffs. For example, it could IX, and ‘‘Mirror Listings’’ distinguish hazardousness from non- be quite challenging for a Customs Finally, there are a number of entries hazardousness, or by simply re-stating officer to fulfill his/her duties for a in both C(92)39 and the Basel the Convention’s scope of coverage shipment of material coming under the Convention that are either partially or (which is also the Annex IX chapeau); following Basel mirror listing: ‘‘B1160 entirely covered by entries on the namely whether the waste contains Precious metal ash from the incineration opposite list in the other agreement. For Annex I material in sufficient quantities of printed circuit boards (note the

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TABLE 4.ÐBASEL ANNEX IX LISTINGS PARTIALLY COVERED BY OECD AMBER LISTINGS

OECD amber listing Basel convention annex IX listing

AA020 Zinc ashes and residues ...... B1080 Zinc ash and residues including zinc alloys residues in dis- persible form unless containing Annex I constituents in concentra- tions sufficient to exhibit Annex III characteristics or exhibiting haz- ardous characteristic H4.3. B1220 Slag from zinc production, chemically stabilized, having a high iron content (above 20%) and processed according to industrial specifications (e.g. DIN 4301) mainly for construction. AA040 Copper ashes and residues ...... B1070 Waste of copper and copper alloys in dispersible form, unless they contain Annex I constituents to an extent that they exhibit Annex III characteristics. B1240 Copper oxide mill scale. AA150 Precious metal bearing residues in solid form which contain B1140 Precious-metal bearing residues in solid form which contain traces of inorganic cyanides. traces of inorganic cyanides. AA161 Ash from incineration of printed circuit boards ...... B1160 Precious metal ash from the incineration of printed circuit boards (note the related entry on Annex VIII: A1150). AA162 Photographic film ash ...... B1170 Precious metal ash from the incineration of photographic film. AA180 Used batteries or accumulators, whole or crushed, other than B1090 Waste batteries conforming to a specification, excluding those lead-acid batteries, and waste and scrap arising from the production made with lead, cadmium or mercury. of batteries and accumulators, not otherwise specified or included. AB050 Calcium fluoride sludge ...... B2070 Calcium fluoride sludge. AB090 Waste hydrates of aluminum ...... B2100 Waste hydrates of aluminum and waste alumina and residues AB100 Waste alumina from alumina production excluding such materials used for gas cleaning, flocculation or filtration processes. AB110 Basic solutions ...... B2120 Waste acidic or basic solutions with a pH greater than 2 and less than 11.5, which are not corrosive or otherwise hazardous (note the related entry on Annex VIII: A4090). AB140 Gypsum arising from chemical industry processes ...... B2080 Waste gypsum arising from chemical industry processes not included on Annex VIII (note the related entry on Annex VIII: A2040). AC090 Waste from the production, formulation and use of resins, B4020 Wastes from production, formulation, and use of resins, latex, latex plasticizers, glues and adhesives. plasticisers, glues/adhesives, not listed on Annex VIII, free of sol- vents and other contaminants to an extent that they do not exhibit Annex III characteristics, e.g., water based, or glues based on casein starch, dextrin, cellulose, ethers, polyvinyl alcohols (note the related entry on Annex VIII: A3050). AC130 Ethers ...... B3130 Waste polymer ethers and waste non-hazardous monomer ethers incapable of forming peroxides. AC180 Leather dust, ash, sludges and flours ...... B3090 Leather dust, ash, sludges, or flours not containing hexavalent chromium compounds or biocides (note the related entry on Annex VIII: A3090). AD070 Wastes from production, formulation an use of inks, dyes, pig- B4010 Wastes consisting mainly of waste-based/latex paints, inks ments, paints, lacquers, varnish. and hardened varnishes not containing organic solvents, heavy met- als, or biocides to an extent to render them hazardous (note the re- lated entry on Annex VIII: A4070). AD110 Acidic solutions ...... B2120 Waste acidic or basic solutions with a pH greater than 2 and less than 11.5, which are not corrosive or otherwise hazardous (note the related entry on Annex VIII: A4090). AD130 Single use cameras with batteries ...... B4030 Used single use cameras with batteries not included in Annex VIII.

In addition, five green listings are potentially covered by corresponding listings on Annex VIII (Table 5).

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TABLE 5.ÐOECD GREEN LISTINGS AT LEAST PARTIALLY COVERED BY BASEL ANNEX VIII LISTINGS

OECD green listing Basel convention annex VIII listing

GB020 Zinc-containing drosses: A1080 Waste zinc residues not included on Annex IX, containing lead GB021 Galvanizing slab zinc top dross (>90% Zn) and cadmium in concentrations sufficient to exhibit Annex III charac- GB022 Galvanizing slab zinc bottom dross (>92% Zn) teristics. GB023 Zinc die casting dross (>85% Zn) GB024 Hot dip galvanizer slab zinc dross (batch) (>92% Zn) GB025 Zinc skimmings GB040 Slags from precious metals and copper processing for further A1100 Dusts and residues from gas cleaning systems of copper refining. smelters. GC050 Spent Fluid Catalytic Cracking (FCC) catalysts (e.g. aluminum A2030 Waste catalysts but excluding such wastes as specified on oxide zeolites). Annex IX. GG040 Coal fired power plant fly ash ...... A2060 Coal fired power plant fly ash containing Annex I substances in concentrations sufficient to exhibit Annex III characteristics (note the related entry on Annex IX: B2050). GN040 Parings and other waste of leather or of composition leather, A3100 Waste parings and other waste of leather or of composition not suitable for the manufacture of leather articles, excluding leather leather not suitable for the manufacture of leather articles containing sludges. hexavalent chromium compounds or biocides (note the related entry on Annex IX: B3090).

Germany, possibly along with other Convention. Interested parties are the flow of secondary materials and OECD member countries, will submit welcome to provide information on any wastes throughout the OECD area. EPA applications to the Basel Convention of the other recommendations; however, is interested in specific, concrete review procedure for each of the EPA is most interested in receiving examples of these concerns in addition missing 21 green listings seeking to add information on recommendation to the following information: them to Basel Annex IX. These number 3 at this time. EPA may publish a. Statistics and Data. For any and all applications will be submitted in time future Federal Register documents items listed on the OECD green, amber, to be placed on the agenda for the next seeking voluntary information regarding and red lists, and Basel Convention meeting of the Technical Working the other recommendations. Annexes VIII and IX, the Agency is Group (TWG) (which performs the In consultations with members of the interested in any and all reasonably review procedure functions within the U.S. regulated community, EPA has available information on: (i) established Basel Convention) in spring 2000. The been made aware of a number of general and anticipated future trade patterns purpose of this is to attempt to concerns. Most of these concerns fall within the OECD area, (ii) economic minimize the inconsistencies between into two main categories: (i) the value of the trade in these wastes and the lists as quickly as possible, with a proposed replacement of the green, materials, (iii) volumes of the wastes view to the goal of substitution of the amber, and red lists with Basel Annexes and materials moving within the OECD Basel lists for the OECD lists in C(92)39. VIII and IX; and, (ii) the proposed area, and (iv) any other relevant The 27 missing amber listings will be replacement of the Review Mechanism information. Of particular importance is addressed later, including whether and with the adjustment procedure. In order information on secondary materials how to add them in light of the Annex for EPA and other federal agencies to which, when recycled in certain ways, I/Annex III scope of coverage. The issue fully understand the potential impacts are excluded from the definition of solid of the different wording between the of harmonizing OECD Council Decision waste under RCRA (e.g. two sets of lists for the same or similar C(92)39 with the Basel Convention, characteristically hazardous sludges wastes and whether to submit today’s notice requests specific which, when reclaimed (including applications to the Basel TWG to modify information from interested parties. when exported within the OECD area the Basel Annex VIII listings had not for reclamation), are not solid wastes). A. Specific Information Requested by been discussed to date. Because these materials are not solid EPA EPA is interested in learning whether wastes in the U.S., but may be members of the U.S. regulated In addition to other information considered solid and hazardous waste community or others have an interest in requested throughout this notice, EPA is in other OECD countries (and could submitting applications to the Basel asking the U.S. regulated community therefore be subject to C(92)39 in those TWG. Any such applications require the and other interested parties to provide countries), EPA has no knowledge of the support of and must be submitted the following specific information. EPA volume and economic value of this through at least one government—either notes that this request is strictly trade, and therefore does not fully a party or a non-party. Applications voluntary in nature; however, the understand how substitution of the submitted through the U.S. government Agency encourages any and all Basel lists for the OECD lists could would need the support of and would interested parties to provide the affect transboundary movements of be submitted by EPA. requested information as it will be these materials. EPA is also interested in helpful to negotiators in identifying receiving statistics on items listed in III. Purpose of Today’s Document potential areas of concern. C(92)39, but that are not listed on The purpose of today’s document is to Annexes VIII and IX (e.g. see section 1. Waste Lists bring to the public’s attention I(C)(1) above). recommendation number 3 above and to Regarding replacement of the OECD It should be noted that because the solicit, on a voluntary basis, further green, amber, and red lists with Basel U.S. implements the terms of C(92)39 information on the potential impacts of Convention Annexes VIII and IX, through RCRA, the current and any and issues associated with general concerns have been expressed future OECD waste lists serve as harmonization of C(92)39 with the Basel that use of the Basel lists could affect guidance for the U.S. regulated

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Although some have similar to the status quo where unlisted remain as it is under RCRA until and indicated an interest in doing so, to wastes that are non-hazardous move unless EPA obtains other statutory date, no U.S. entity has ever submitted according to the green tier, and unlisted authorities that would allow or require an application to the OECD Review hazardous wastes move according to the changes to the current scope of coverage Mechanism through EPA. This apparent red tier (note: the European Union (such as, for example, amendments to lack of interest could indicate that the member countries implement this RCRA to ratify and implement the Basel U.S. regulated community is generally provision differently in that all unlisted Convention). satisfied with the OECD waste lists. wastes default to red tier controls, b. Potential Effects on Transboundary Alternatively, it could mean that given regardless of their hazardousness). Movements. The Agency is interested in the OECD waste lists serve only as Because the red list and the any and all information regarding guidance for the U.S. regulated corresponding red tier control potential problems that could arise from community, there is not a strong need procedure would be eliminated in the the use of Basel Annexes VIII and IX to for waste list adjustments because there harmonized agreement, and amber tier implement C(92)39 as compared to the is no direct impact on the regulated controls are envisioned to apply to green, amber, and red lists. For example, community presented by the lists Annex VIII wastes, the default control the OECD waste lists contain (although there can be significant procedure for an unlisted hazardous Harmonized System (HS), or Customs, indirect impacts if U.S. trading partners waste would be amber tier controls. A codes where applicable. The Basel lists impose OECD controls on wastes or third option would be that the unlisted do not currently contain HS codes. materials not regulated as hazardous waste would be subject to the national Another example of how potential under U.S. laws and regulations). procedures of the concerned OECD problems could arise is in the actual The future operation of C(92)39, in member countries. EPA is specifically wording differences between the lists. terms of adjustments to its new waste interested in comments on these For example, OECD green listing lists, would include a body similar to options. number GC020 has the following wording: ‘‘Electronic scrap (e.g. printed the Review Mechanism to be called the 3. Other Issues circuit boards, electronic components, adjustment procedure. While the actual operation of the adjustment procedure Finally, EPA is interested in public wire, etc.) and reclaimed electronic comment on any other aspect of components suitable for base and would be similar to the current Review Mechanism, there would be some amending and harmonizing C(92)39 precious metal recovery’’, while the with the Basel Convention, including corresponding wording in Basel Annex significant differences. Under this new ad-hoc body, a U.S. entity interested in but not limited to: the value of the IX listing number B1110 is: ‘‘Electrical streamlined administrative procedures and electronic assemblies (including applying to make changes to the OECD waste lists (e.g. to modify the wording (e.g. tacit consent and pre-consent under printed circuit boards, electronic the amber tier), the value of the risk- components and wires) destined for of a particular listing or to move a particular listing from one list to the based approach to waste listing direct reuse (reuse can include repair, (including the criteria in Annex 2 of refurbishment or upgrading, but not other) would be required to first submit an application to the Basel Convention C(92)39, and the value of Customs codes major assembly), and not for recycling in waste listings. or final disposal (in some countries review procedure. For example, and as these materials destined for direct reuse previously discussed, Germany plans to Dated: August 10, 1999. are not considered wastes)’’. Another submit applications for the 21 OECD Elizabeth Cotsworth, example would be OECD amber listing green listings not currently in Basel Acting Director, Office of Solid Waste. number AA060 ‘‘Vanadium ashes and Annex IX. If the resulting decision by [FR Doc. 99–21311 Filed 8–16–99; 8:45 am] residues’’ which has no corresponding the Basel COP was considered to be BILLING CODE 6560±50±P Basel Annex VIII listing because insufficient for purposes of intra-OECD vanadium does not belong to any trade, or if the COP declined to take action at all, the U.S. entity could then, category in Annex I of the Basel FEDERAL COMMUNICATIONS with the support of EPA, submit an Convention, and therefore cannot be COMMISSION included in Annex VIII (i.e. vanadium is application to the OECD adjustment outside the scope of the Basel procedure seeking relief in the OECD Notice of Public Information Convention). In practice, this could forum. If approved by the OECD Collection(s) Being Reviewed by the result in uneven control within the Council, the waste listing would take Federal Communications Commission OECD area. effect for intra-OECD transboundary for Extension Under Delegated movements. If not approved by the Authority, Comments Requested 2. Waste List Review Procedures Council, several options are possible. The Agency is interested in comments One option would be that the Basel August 5, 1999. regarding changing the current Review listing, as approved by the Basel COP, SUMMARY: The Federal Communications Mechanism for adjusting the green, would apply within the OECD, as would Commission, as part of its continuing amber, and red lists, to a new be the case when no objection to a Basel effort to reduce paperwork burden adjustment procedure. Currently, listing were raised to the OECD invites the general public and other C(92)39 mandates a standing Review Secretariat by an OECD member Federal agencies to take this Mechanism to adjust, on a regular basis, country. Another option would be that opportunity to comment on the the green, amber, and red lists of wastes in the case where the Basel COP following information collection(s), as in appendices 3, 4, and 5 respectively. declines action, the unlisted waste or required by the Paperwork Reduction Any government, regulated entity, or material would move within the OECD Act of 1995, Pub. L. 104–13. An agency

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No must contain a copy of any written person shall be subject to any penalty agreement, an affidavit stating that the Notice of Public Information for failing to comply with a collection petitioner has not received any Collections Being Reviewed by the of information subject to the Paperwork consideration in excess of legitimate Federal Communications Commission Reduction Act (PRA) that does not and prudent expenses in exchange for August 9, 1999. display a valid control number. dismissing/withdrawing its petition and SUMMARY: Comments are requested concerning (a) an itemization of the expenses for which The Federal Communications Whether the proposed collection of it is seeking reimbursement. Each Commissions, as part of its continuing information is necessary for the proper remaining party to any written or oral effort to reduce paperwork burden performance of the functions of the agreement must submit an affidavit invites the general public and other Commission, including whether the within 5 days of petitioner’s request for Federal agencies to take this information shall have practical utility; approval stating that it has paid no opportunity to comment on the (b) the accuracy of the Commission’s consideration to the petitioner in excess following information collection, as burden estimate; (c) ways to enhance of the petitioner’s legitimate and required by the Paperwork Reduction the quality, utility, and clarity of the prudent expenses. The data is used by Act of 1995, Public Law 104–13. An information collected; and (d) ways to FCC staff to ensure that a petition to agency may not conduct or sponsor a minimize the burden of the collection of deny or informal objection was filed collection of information unless it information on the respondents, under appropriate circumstances and displays a currently valid control including the use of automated not to extract payments in excess of number. No person shall be subject to collection techniques or other forms of legitimate and prudent expenses. any penalty for failing to comply with information technology. a collection of information subject to the OMB Control Number: 3060–0452. Paperwork Reduction Act (PRA) that DATES: Written comments should be Title: Section 73.3589 Threats to file does not display a valid control number. submitted on or before October 18, petitions to deny or informal objections. Comments are requested concerning (a) 1999. If you anticipate that you will be Form Number: None. whether the proposed collection of submitting comments, but find it information is necessary for the proper difficult to do so within the period of Type of Review: Extension of performance of the functions of the time allowed by this notice, you should currently approved collection. Commission, including whether the advise the contact listed below as soon Respondents: Business or other for- information shall have practical utility; as possible. profit. (b) the accuracy of the Commission’s ADDRESSES: Direct all comments to Les burden estimate; (c) ways to enhance Smith, Federal Communications Number of Respondents: 5 AM/FM/ TV stations. the quality, utility, and clarity of the Commissions, Room 1 A–804, 445 information collected; and (d) ways to Twelfth Street, SW, Washington, DC Estimated Time Per Response: 20 minimize the burden of the collection of 20554 or via the Internet to minutes—1 hour (20 minute information on the respondents, [email protected]. consultation time; 1 hour contracted including the use of automated FOR FURTHER INFORMATION CONTACT: For attorney). collection techniques or other forms of additional information or copies of the Frequency of Response: Reporting, on information technology. information collections contact Les occasion. DATES: Written comments should be Smith at (202) 418–0217 or via the Total Annual Burden: 2 hours. submitted on or before October 18, Internet at [email protected]. 1999. If you anticipate that you will be Total Annual Costs: $1,000. SUPPLEMENTARY INFORMATION: submitting comments, but find it OMB Control Number: 3060–0423. Needs and Uses: Section 73.3589 difficult to do so within the period of Title: Section 73.3588 Dismissal of requires an applicant or licensee to file time allowed by this notice, you should petitions to deny or withdrawal of with the FCC a copy of any written advise the contact listed below as soon informal objections. agreement related to the dismissal or as possible. withdrawal of a threat to file a petition Form Number: None. ADDRESSES: Direct all comments to Les Type of Review: Extension of to deny or informal objection and an Smith, Federal Communications Currently Approved Collection. affidavit certifying that neither the Commission, Room 1 A–804, 445 12th Respondents: Business or other for- would-be petitioner nor any person or Street, S.W., Washington, DC 20554 or profit. organization related to the would-be via the Internet to [email protected]. Number of Respondents: 50 petitioner has not or will not receive FOR FURTHER INFORMATION CONTACT: petitioners. any consideration in excess of legitimate For Estimated Time Per Response: 20 and prudent expenses incurred in additional information or copies of the minutes—8 hours (20 minutes threatening to file. The data is used by information collections contact Les consultation; 8 hours contracted FCC staff to ensure that a threat to file Smith at (202) 418–0217 or via the attorney). a petition to deny or informal objection Internet at [email protected]. Frequency of Response: Reporting, on was made under appropriate SUPPLEMENTARY INFORMATION: occasion. circumstances and not to extract OMB Control Number: 3060–0711. Total Annual Burden: 16 hours. payments in excess of legitimate and Title: Implementation of Section Total Annual Costs: $42,500. prudent expenses. 34(a)(1) of the Public Utility Holding Needs and Uses: Section 73.3588 Company Act of 1935, as amended by requires a petitioner to obtain approval Federal Communications Commission. the Telecommunications Act of 1996, from the FCC to dismiss or withdraw its Magalie Roman Salas, NPRM (GC Docket No. 96–101, FCC 96– petition to deny when it is filed against Secretary. 192), and Report and Order, (GC Docket a renewal application and applications [FR Doc. 99–21207 Filed 8–16–99; 8:45 am] No. 96–101, FCC 96–376, released for new construction permits, BILLING CODE 6712±01±P September 12, 1996).

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Form Number: N/A. including the use of automated FEDERAL COMMUNICATIONS Type of Review: Extension of collection techniques or other forms of COMMISSION currently approved collection. information technology. Respondents: Business or other for- Notice of Public Information profit entities; and Federal Government. DATES: Written comments should be Collection(s) Being Submitted to OMB Number of Respondents: 15. submitted on or before September 16, for Review and Approval Estimated Time per Response: 7 1999. If you anticipate that you will be August 6, 1999. hours. submitting comments, but find it SUMMARY: The Federal Communications Frequency of Responses: One-time difficult to do so within the period of Commission, as part of its continuing reporting requirement. time allowed by this notice, you should effort to reduce paperwork burden Total Annual Burden: 105 hours. advise the contact listed below as soon invites the general public and other Total Annual Costs: $9,000. as possible. Federal agencies to take this Needs and Uses: The information will ADDRESSES: Direct all comments to Les opportunity to comment on the be used by the Commission to Smith, Federal Communications following information collection, as determine whether persons satisfy the Commission, Room 1-A804, 445 12th required by the Paperwork Reduction statutory criteria for ‘‘exempt Act of 1995, Public Law 104–13. An telecommunications company’’ status. Street, S.W., Washington, DC 20554 or via the Internet to [email protected]. agency may not conduct or sponsor a Without such information, the collection of information unless it Commission could not determine FOR FURTHER INFORMATION CONTACT: For displays a currently valid control whether persons satisfied the requisite additional information or copies of the number. No person shall be subject to statutory criteria and therefore fulfill its information collections contact Les any penalty for failing to comply with responsibility under section 34(a)(1) of Smith at (202) 418–0217 or via the a collection of information subject to the PUHCA, as amended. Internet at [email protected]. Paperwork Reduction Act (PRA) that Federal Communications Commission. does not display a valid control number. SUPPLEMENTARY INFORMATION: Magalie Roman Salas, Comments are requested concerning (a) Secretary. OMB Control Number: 3060–0718 whether the proposed collection of [FR Doc. 99–21245 Filed 8–16–99; 8:45 am] Title: Part 101 Governing the information is necessary for the proper BILLING CODE 6712±01±P Terrestrial Microwave Fixed Radio performance of the functions of the Service Commission, including whether the information shall have practical utility; Form Number: N/A FEDERAL COMMUNICATIONS (b) the accuracy of the Commission’s COMMISSION Type of Review: Extension of a burden estimate; (c) ways to enhance currently approved collection. the quality, utility, and clarity of the Notice of Public Information Respondents: Business or other for- information collected; and (d) ways to Collection(s) being Submitted to OMB profit entities; Not-for-profit minimize the burden of the collection of for Review and Approval institutions; State, Local, or Tribal information on the respondents, Government. including the use of automated August 2, 1999. collection techniques or other forms of Number of Respondents: 1,025. information technology. SUMMARY: The Federal Communications Estimate Time Per Response: 1.77 DATES: Written comments should be Commissions, as part of its continuing hours. submitted on or before September 16, effort to reduce paperwork burden Frequency of Response: 1999. If you anticipate that you will be invites the general public and other Recordkeeping; On occasion reporting submitting comments, but find it Federal agencies to take this requirements difficult to do so within the period of opportunity to comment on the time allowed by this notice, you should following information collection, as Total Annual Burden: 1,609 hours. advise the contact listed below as soon required by the Paperwork Reduction Total Annual Costs: $90,624. as possible. Act of 1995, Pub. L. 104–13. An agency Needs and Uses: The information ADDRESSES: Direct all comments to Les may not conduct or sponsor a collection requirements are used to determine Smith, Federal Communications of information unless it displays a technical, legal, and other qualifications Commission, Room 1-A804, 445 12th currently valid control number. No of applicants to operate a station in the Street, S.W., Washington, DC 20554 or person shall be subject to any penalty via the Internet to [email protected]. for failing to comply with a collection public and private operational fixed services. The information is also used to FOR FURTHER INFORMATION CONTACT: For of information subject to the Paperwork additional information or copies of the Reduction Act (PRA) that does not ensure the applicants and licensees comply with the ownership and transfer information collections contact Les display a valid control number. Smith at (202) 418–0217 or via the restrictions imposed by Section 310 of Comments are requested concerning (a) Internet at [email protected]. the Act, 47 U.S.C. Section 310. Without Whether the proposed collection of SUPPLEMENTARY INFORMATION: this information, the Commission would information is necessary for the proper OMB Control Number: 3060–0053. performance of the functions of the not be able to carry out its statutory Title: Application for Consent to Commission, including whether the responsibilities. Transfer of Control of Corporation information shall have practical utility; Federal Communications Commission. Holding Station License. (b) the accuracy of the Commission’s Magalie Roman Salas, Form Number: FCC 703. burden estimate; (c) ways to enhance Type of Review: Revision of a the quality, utility, and clarity of the Secretary. currently approved collection. information collected; and (d) ways to [FR Doc. 99–21206 Filed 8–16–99; 8:45 am] Respondents: Business or other for- minimize the burden of the collection of BILLING CODE 6712±01±P profit entities; and Not-for-profit information on the respondents, institutions.

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Number of Respondents: 2,000. Federal Communications Commission. signed and dated statement of service Estimate Time Per Response: 36 mins. Magalie Roman Salas, that complies with the Authority’s (0.6 hrs.). Secretary. regulations showing service of one copy Frequency of Response: [FR Doc. 99–21246 Filed 8–16–99; 8:45 am] of the brief on all counsel of record or Recordkeeping; On occasion reporting BILLING CODE 6712±01±P other designated representatives. 5 CFR requirements. 2429.27 (a) and (c). The designated representatives are: Steve Fesler, Deputy Total Annual Burden: 1,200 hours. FEDERAL LABOR RELATIONS Director, Membership and Organization Total Annual Costs: $82,000. AUTHORITY Department, American Federation of Needs and Uses: This collection of Government Employees, AFL–CIO, 80 F information is used to determine [FLRA Docket No. AT±RP±80005] Street, NW., 7th Floor, Washington, DC eligibility for licenses, without which, 20001; John M. Paolino, Director of violations of ownership regulations Notice of Opportunity To Submit Collective Bargaining, National could occur. FCC Rules require that Amicus Curiae Briefs in a Federation of Federal Employees, 1016 applicants in the Private Land Mobile Representation Proceeding Before the 16th Street, NW., Washington, DC (Part 90), General Mobile (Part 95), Federal Labor Relations Authority 20036; John C. Points, Jr., AMCOM Marine (Part 80), Aviation (Part 87), and AGENCY: Federal Labor Relations Legal, U. S. Army Aviation and Missile Experimental (Part 5) Radio Services Authority. Command, Redstone Arsenal, AL 35898; submit FCC 703 whenever it is proposed ACTION: Notice of the opportunity to file and Brenda M. Robinson, Regional to change, as by transfer of stock briefs as amici curiae in a proceeding Director, Federal Labor Relations ownership, the control of a station. before the Federal Labor Relations Authority, Marquis Two Tower, Suite Form 703 is required by the Authority in which the Authority is 701, 285 Peachtree Center Avenue, Communications Act of 1934, as considering the standard to be applied Atlanta, GA 30303–1270. amended; International Radio to decide whether an election is ADDRESSES: Mail or deliver briefs to Regulations, General Secretariat of necessary to determine representation of Peter Constantine, Director, Case International Telecommunications separate units of employees, represented Control Office, Federal Labor Relations Union, and FCC Rules, 47 CFR 1.922, by different labor organizations, when a Authority, 607 14th Street, NW., Room 1.924, 5.55, 80.19, 87.21, 87.31, 90.119, reorganization results in transfer of the 415, Washington, DC 20424–0001. and 95.111. The form is being revised to employees into one, new organization. FOR FURTHER INFORMATION CONTACT: delete the collection of payment type Peter Constantine, Director, Case information, as this information is SUMMARY: The Federal Labor Relations Control Office, Federal Labor Relations submitted on FCC Form 159 Authority is providing an opportunity Authority, (202) 482–6540. for all interested persons to file briefs as (Remittance Advice) now required with SUPPLEMENTARY INFORMATION: On July any payment to the FCC. The form’s amici curiae on a significant issue 23, 1999, the Authority granted an instructions, Privacy Act, and public arising in a case pending before the application for review of the Regional burden statements are being updated, Authority. The Authority is considering Director’s Decision and Order on too. the case pursuant to its responsibilities Clarification of Units in Department of OMB Control Number: 3060–0641. under the Federal Service Labor- the Army, U.S. Army Aviation Missile Management Relations Statute, 5 U.S.C. Title: Notification to File Progress Command (AMCOM), Redstone Arsenal, 7101–7135 (1994 and Supp. III 1997) Report. Alabama, Case Nos. AT–RP–80005 and (the Statute) and its regulations, set Form Number: FCC 218–I. AT–RP–80007, 55 FLRA No. 108 (July forth at 5 CFR part 2422. The issue 23, 1999). The Authority also denied Type of Review: Revision of a concerns how the Authority should currently approved collection. AFGE Local 1858’s request for a stay of resolve a representation case arising the election, Member Wasserman Respondents: Business or other for- from an agency reorganization when dissenting on this aspect of the decision. profit entities; and Individuals or separate units of employees, represented A summary of that case follows. A copy households. by different labor organizations, have of the Authority’s complete decision Number of Respondents: 500. been transferred into one, new may be obtained by telephoning Peter organization. Estimate Time Per Response: 1 hour. Constantine at the number listed above. DATES: Briefs submitted in response to Frequency of Response: this notice will be considered if A. Background Recordkeeping; On occasion reporting received by mail or personal delivery in requirements. American Federation of Government the Authority’s Office of Case Control by Employees, Local 1858, AFL–CIO Total Annual Burden: 500 hours. 5 p.m. on September 16, 1999. Placing (AFGE Local 1858), and National Total Annual Costs: None. submissions in the mail by this deadline Federation of Federal Employees, Local Needs and Uses: The data are used by will not be sufficient. Extensions of time 405 (NFFE Local 405) are the exclusive FCC staff to determine whether the 218– to submit briefs will not be granted. representatives of units of employees at 219 MHz licensee (previously IVDS) is FORMAT: All briefs shall be captioned two activities that were disestablished entitled to their authorization to ‘‘Department of the Army, U.S. Army as a result of a reorganization, and were operate. From this data, the Commission Aviation Missile Command (AMCOM), transferred to a newly created entity is able to confirm that service has been Redstone Arsenal, Alabama, Case Nos. known as Army Aviation Missile made available to at least 30 percent of AT–RP–80005 and AT–RP–80007.’’ Command (AMCOM), located in the population or land area within three Briefs must contain separate, numbered Redstone Arsenal, Alabama. AFGE years of license grant, and 50 percent of topic headings corresponding to the Local 1858 represented separate the population or land area within five three questions at the end of this notice. professional and nonprofessional units, years of license grant. The data collected Parties must submit an original and four totaling 4,711 employees, at the former ensure that licensees are making proper copies of each amicus brief, on 81⁄2 by U.S. Army Missile Command (MICOM), use of the frequency spectrum. 11 inch paper. Briefs must include a located at Redstone Arsenal, Alabama.

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NFFE Local 405 represented a unit of reorganization has rendered FEDERAL RESERVE SYSTEM professional and nonprofessional inappropriate separate, preexisting employees at the former Aviation Troop bargaining units represented by Change in Bank Control Notices; Command (ATCOM), St. Louis, different unions, an election is always Acquisitions of Shares of Banks or Missouri, from which 1,384 employees necessary to certify one of them as Bank Holding Companies accepted transfer. exclusive representative in the new, The notificants listed below have The issue is whether there is a appropriate unit. Second, if the question concerning representation applied under the Change in Bank Authority were to develop such doctrine Control Act (12 U.S.C. 1817(j)) and § regarding the former MICOM and through application of the ‘‘sufficiently ATCOM employees who have been 225.41 of the Board’s Regulation Y (12 predominant’’ or some other test, it transferred to AMCOM, or whether an CFR 225.41) to acquire a bank or bank would be necessary to determine how to election is unnecessary because of the holding company. The factors that are relative number of employees in the assess when one group is ‘‘sufficiently considered in acting on the notices are respective former units, in which case predominant’’ to render an election set forth in paragraph 7 of the Act (12 all employees would be represented by unnecessary. U.S.C. 1817(j)(7)). the exclusive representative of the larger The Authority directed the parties in The notices are available for former unit. the case to file briefs addressing the immediate inspection at the Federal Reserve Bank indicated. The notices following questions: B. The Regional Director’s Decision also will be available for inspection at The Regional Director found that 1. Should the Authority’s the offices of the Board of Governors. AMCOM’s mission is a combination of ‘‘successorship’’ and/or ‘‘accretion’’ Interested persons may express their the missions of ATCOM and MICOM. doctrine be modified to apply to views in writing to the Reserve Bank She found that separate units consisting situations where more than one unit of indicated for that notice or to the offices of the former MICOM and ATCOM employees represented by different of the Board of Governors. Comments employees are no longer appropriate. exclusive collective bargaining must be received not later than August The Regional Director further found that representatives are transferred to (a) a 31, 1999. AMCOM is not a successor employer, new entity with a new mission or (b) a A. Federal Reserve Bank of Kansas and that the former ATCOM employees new entity with a mission that is a City (D. Michael Manies, Assistant Vice did not accrete to the unit represented combination of the missions of President) 925 Grand Avenue, Kansas by AFGE Local 1858. previously existing organizations? If so, City, Missouri 64198-0001: The Regional Director directed an why, and what should the modification 1. Gregory W. Levenson, Austin, election among the former MICOM and be? Texas; to acquire voting shares of Las Vegas Bancorporation, Las Vegas, New ATCOM employees to determine 2. Is a question concerning whether they preferred to be Mexico, and thereby indirectly acquire representation necessarily raised when represented by AFGE Local 1858, NFFE voting shares of The Bank of Las Vegas, more than one group of employees, Local 405, or no labor organization. In Las Vegas, New Mexico. represented by different labor directing the election, the Regional Board of Governors of the Federal Reserve Director stated that the Authority has organizations, are transferred to a newly System, August 11, 1999. established organization, and neither not defined when a group of employees Robert deV. Frierson, our current successorship doctrine nor represented by one labor organization Associate Secretary of the Board. our current accretion doctrine permits will be ‘‘sufficiently predominant’’ over [FR Doc. 99–21209 Filed 8–16–99; 8:45 am] a number of employees in another unit certification without an election? If not, BILLING CODE 6210±01±F so as to render unnecessary an election is it consistent with the Statute and when the two groups are transferred to appropriate to apply the ‘‘sufficiently a new organization. The Regional predominant’’ or some other doctrine to FEDERAL RESERVE SYSTEM Director then determined that in the determine whether an election is not circumstances, where AFGE Local 1858 required? Formations of, Acquisitions by, and represented 4,711 employees and NFFE 3. If Authority doctrine is modified, Mergers of Bank Holding Companies Local 405 represented 1,384 employees, what guidelines, numerical or an election is necessary. The companies listed in this notice otherwise, should the Authority use to have applied to the Board for approval, C. The Application for Review determine whether a group represented pursuant to the Bank Holding Company AFGE Local 1858 filed the application by one labor organization is sufficiently Act of 1956 (12 U.S.C. 1841 et seq.) for review, contending that review of predominant to render an election (BHC Act), Regulation Y (12 CFR Part the regional director’s decision is unnecessary? 225), and all other applicable statutes warranted under 5 CFR 2422.31, As this matter is likely to be of and regulations to become a bank because, among other things, there is an concern to agencies, labor organizations, holding company and/or to acquire the absence of precedent. and other interested persons, the assets or the ownership of, control of, or Authority finds it appropriate to provide the power to vote shares of a bank or D. Questions on Which Briefs Are bank holding company and all of the Solicited for the filing of amicus briefs addressing these questions. banks and nonbanking companies The Authority granted the application owned by the bank holding company, for review under 5 CFR 2422.31(c). The Dated: August 12, 1999. including the companies listed below. Authority found that there is an absence For the Authority. The applications listed below, as well of Authority precedent on two matters. Peter Constantine, as other related filings required by the First, it has not determined whether, in Director of Case Control. Board, are available for immediate a situation where the possibility of inspection at the Federal Reserve Bank [FR Doc. 99–21279 Filed 8–16–99; 8:45 am] accretion has not been recognized under indicated. The application also will be Authority precedent because a BILLING CODE 6727±01±P available for inspection at the offices of

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Any a nonbanking company, the review also either directly or through a subsidiary or comment on an application that includes whether the acquisition of the other company, in a nonbanking activity requests a hearing must include a nonbanking company complies with the that is listed in § 225.28 of Regulation statement of why a written presentation standards in section 4 of the BHC Act Y (12 CFR 225.28) or that the Board has would not suffice in lieu of a hearing, (12 U.S.C. 1843). Unless otherwise determined by Order to be closely identify specifically any questions of noted, nonbanking activities will be related to banking and permissible for fact that are in dispute, and summarize conducted throughout the United States. bank holding companies. Unless the evidence that would be presented at Unless otherwise noted, comments otherwise noted, these activities will be a hearing. regarding each of these applications conducted throughout the United States. Comments regarding the application must be received at the Reserve Bank Each notice is available for inspection must be received by the Reserve Bank indicated or the offices of the Board of at the Federal Reserve Bank indicated. indicated or at the offices of the Board Governors not later than September 10, The notice also will be available for of Governors not later than September 1999. inspection at the offices of the Board of 16, 1999. A. Federal Reserve Bank of Cleveland Governors. Interested persons may A. Federal Reserve Bank of New (Paul Kaboth, Banking Supervisor) 1455 express their views in writing on the York (Betsy Buttrill White, Senior Vice East Sixth Street, Cleveland, Ohio question whether the proposal complies President) 33 Liberty Street, New York, 44101-2566: with the standards of section 4 of the New York 10045-0001: 1. Fifth Third Bancorp, Cincinnati, BHC Act. 1. CLS Services, Ltd., London, Ohio; to merge with Peoples Bank Unless otherwise noted, comments England; to establish CLS Bank Corporation of Indianapolis, regarding the applications must be International, New York, New York, as Indianapolis, Indiana, and thereby received at the Reserve Bank indicated an Edge Corporation, pursuant to § 25A indirectly acquire Peoples Bank & Trust or the offices of the Board of Governors of the Federal Reserve Act, and a wholly Company, Indianapolis, Indiana. not later than August 31, 1999. owned subsidiary of CLS Services Ltd., B. Federal Reserve Bank of London, England, which will offer a Minneapolis (JoAnne F. Lewellen, A. Federal Reserve Bank of New York (Betsy Buttrill White, Senior Vice continuous linked settlement service Assistant Vice President) 90 Hennepin intended to reduce settlement risk Avenue, P.O. Box 291, Minneapolis, President) 33 Liberty Street, New York, New York 10045-0001: associated with foreign exchange Minnesota 55480-0291: trading, pursuant to § 25A of the 1. Old Mission Bancorp, Inc., Sault 1. Citigroup, Inc., and Citicorp, both Federal Reserve Act. Saint Marie, Michigan; to become a of New York, New York; to acquire bank holding company by acquiring 100 through Citicorp Strategic Technology Board of Governors of the Federal Reserve percent of the voting shares of Old Corporation, New York, New York, an System, August 12, 1999. Mission Bank, Sault Saint Marie, investment in 724 Solutions, Inc., Robert deV. Frierson Michigan. Toronto, Canada, and engage in the Associate Secretary of the Board. C. Federal Reserve Bank of San development, manufacture, and [FR Doc. 99–21328 Filed 8–16–99; 8:45 am] distribution of software designed to Francisco (Maria Villanueva, Manager BILLING CODE 6210±01±F of Analytical Support, Consumer provide electronic banking, brokerage Regulation Group) 101 Market Street, and other services to consumers, San Francisco, California 94105-1579: pursuant to § 225.28(b)(14)(i) of BOARD OF GOVERNORS OF THE 1. Harbor Bancorp, Aberdeen, Regulation Y. FEDERAL RESERVE SYSTEM Washington; to merge with Pacific Board of Governors of the Federal Reserve Financial Corporation, Long Beach, System, August 11, 1999. Sunshine Meeting Notice Washington, and thereby indirectly Robert deV. Frierson, AGENCY HOLDING THE MEETING: Board of acquire Bank of the Pacific, Long Beach, Associate Secretary of the Board. Washington. Governors of the Federal Reserve [FR Doc. 99–21208 Filed 8–16–99; 8:45 am] System. Board of Governors of the Federal Reserve BILLING CODE 6210±01±F TIME AND DATE: System, August 11, 1999. 12:00 noon, Monday, August 23, 1999. Robert deV. Frierson, PLACE: Associate Secretary of the Board. FEDERAL RESERVE SYSTEM Marriner S. Eccles Federal Reserve Board Building, 20th and C [FR Doc. 99–21210 Filed 8–16–99; 8:45 am] De Novo Corporation To Do Business Streets, N.W., Washington, D.C. 20551. BILLING CODE 6210±01±F Under Section 25A of the Federal STATUS: Closed. Reserve Act MATTERS TO BE CONSIDERED: FEDERAL RESERVE SYSTEM An application has been submitted for 1. Personnel actions (appointments, promotions, assignments, Notice of Proposals To Engage in the Board’s approval of the organization of a corporation to do business under reassignments, and salary actions) Permissible Nonbanking Activities or involving individual Federal Reserve To Acquire Companies That Are section 25A of the Federal Reserve Act (Edge Corporation) 12 U.S.C. 611 et seq. System employees. Engaged in Permissible Nonbanking 2. Any matters carried forward from a Activities The Edge Corporation will operate as a subsidiary of the applicant, Valley previously announced meeting. The companies listed in this notice National Bank, Passaic, New Jersey. The CONTACT PERSON FOR MORE INFORMATION: have given notice under section 4 of the factors that are to be considered in Lynn S. Fox, Assistant to the Board; Bank Holding Company Act (12 U.S.C. acting on the application are set forth in 202–452–3204.

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SUPPLEMENTARY INFORMATION: You may On the internet. Address: http:// Standard/Optional form be reviewed call 202–452–3206 beginning at www.gsa.gov/forms/forms.htm, or; and granted an exception. The approximately 5 p.m. two business days From Forms—XR, Attn.: Barbara committee proposes to set required before the meeting for a recorded Williams, (202) 501–0581. fields standards and that activities announcement of bank and bank FOR FURTHER INFORMATION CONTACT: developing computer-generated versions holding company applications Ms. Barbara Williams, General Services adhere to the required fields but not scheduled for the meeting; or you may Administration, (202) 501–0581. necessarily to the image. The ICMR contact the Board’s Web site at http:// DATES: Effective August 17, 1999. plans to review medical Standard/ www.federalreserve.gov for an Optional forms which are commonly electronic announcement that not only Dated: August 9, 1999. Barbara M. Williams, used and/or commonly computer- lists applications, but also indicates generated. We will identify those fields Deputy Standard and Optional Forms procedural and other information about which are required, those (if any) which the meeting. Management Officer. [FR Doc. 99–21320 Filed 8–16–99; 8:45 am] are optional, and the required format (if Dated: August 13, 1999. necessary). Activities may not add data BILLING CODE 6820±34±M Jennifer J. Johnson, elements that would change the Secretary of the Board. meaning of the form. This would require [FR Doc. 99–21479 Filed 8–13–99; 3:49 pm] GENERAL SERVICES written approval from the ICMR. Using BILLING CODE 6210±01±P ADMINISTRATION the process by which overprints are approved for paper Standard/Optional Interagency Committee for Medical forms, activities may add other data GENERAL SERVICES Records (ICMR); Automation of entry elements to those required by the ADMINISTRATION Medical Standard Form 506 committee. With this decision, activities at the local or headquarters level should Interagency Committee for Medical AGENCY: General Services Administration. be able to develop electronic versions Records (ICMR); Revision of SF 506, which meet the committee’s Medical RecordÐPhysical Examination ACTION: Guideline on automating medical standard forms. requirements. This guideline controls AGENCY: General Services the ‘‘image’’ or required fields but not Administration. Background the actual data entered into the field. ACTION: Notice. The Interagency Committee on SUMMARY: With GSA’s approval, the SUMMARY: The General Services Medical Records (ICMR) is aware of Interagency Committee on Medical Administration/ICMR is revising the SF numerous activities using computer- Records (ICMR) eliminated the 506, Medical Record—Physical generated medical forms, many of requirement that every electronic Examination to update the information which are not mirror-like images of the version of a medical Standard/Optional collected on the patient and make the genuine paper Standard/Optional Form. form be reviewed and granted an form authorized for local reproduction. With GSA’s approval the ICMR exception. The following fields must You can obtain the updated form in two eliminated the requirement that every appear on the electronic version of the ways: electronic version of a medical following form:

ELECTRONIC ELEMENTS FOR SF 506

Item Placement *

Text: Title: Physical Examination ...... Top of form. Form ID: Standard Form 506 (Rev.) ...... Bottom right corner of form. Data Entry Fields: Date of Exam Height WeightÐAverage WeightÐMaximum WeightÐPresent Temperature Pulse Blood Pressure InstructionsÐDescribe (1) General Appearance and Mental Status; (2) Head and Neck (General); (3) Eyes; (4) Ears; (5) Nose; (6) Mouth; (7) Throat; (8) Teeth; (9) Cheek (General); (10) Breast; (11) Lungs; (12) Car- diovascular; (13) Abdomen; (14) Hernia; (15) Genitalia; (16) Pelvic; (17) Rectal; (18) Prostate; (19) Back; (20) Extremities; (21) Neurological; (22) Skin; (23) Lymphatics. Relationship to Sponsor Sponsor's NameÐLast Sponsor's NameÐFirst Sponsor's NameÐMI Sponsor's ID Number (SSN or other) Department/Service Hospital or Medical Facility Records Maintained At Physical Examination Initial Impression Signature of Physician Name of Physician

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ELECTRONIC ELEMENTS FOR SF 506ÐContinued

Item Placement *

Patient's NameÐlast, first, middle ...... Bottom left corner of form. Patient's ID No. or SSN ...... Do. Patient's Sex ...... Do. Patient's Date of Birth ...... Do. Patient's Rank/Grade ...... Do. Register No...... Do. Ward No...... Do. * If no placement indicated, items can appear anywhere on the form.

FOR FURTHER INFORMATION CONTACT: published less than 15 days prior to the Place: Professional and Scientific CMD Steven S. Kerrick, National Naval meeting. Associates, 2635 Century Parkway, Suite 990, Medical Center, Department of Contact Person for More Information: Beth Atlanta, GA 30345. Telephone 404/633–6477. Ophthalmology, Bethesda, MC 20889– Wolfe, Prevention Support Office, National Status: Portions of the meeting will be 5000 or E-Mail at [email protected]. Center for HIV, STD, and TB Prevention, closed to the public in accordance with CDC, Corporate Square Office Park, 11 provisions set forth in section 552b(c) (4) and Dated: August 9, 1999. Corporate Square Boulevard, M/S E07, (6), Title 5 U.S.C., and the Determination of CMD Steven S. Kerrick, Atlanta, Georgia 30329, telephone 404/639– the Associate Director for Management and Chairperson, Interagency Committee on 8025, e-mail [email protected]. Operations, CDC, pursuant to Public Law 92– Medical Records. The Director, Management Analysis and 463. Services Office, has been delegated the Matters To Be Discussed: The meeting will [FR Doc. 99–21321 Filed 8–16–99; 8:45 am] authority to sign Federal Register Notices include the review, discussion, and BILLING CODE 6820±34±M pertaining to announcements of meetings and evaluation of applications received in other committee management activities, for response to Program Announcement #99095. the both the Centers for Disease Control and Due to administrative delays this notice is DEPARTMENT OF HEALTH AND Prevention and the Agency for Toxic published less than 15 days prior to the HUMAN SERVICES Substances and Disease Registry. meeting. Dated: August 11, 1999. Contact Person for More Information: Beth Wolfe, Prevention Support Office, National Centers for Disease Control and Carolyn J. Russell, Prevention Center for HIV, STD, and TB Prevention, Director, Management Analysis and Services CDC, Corporate Square Office Park, 11 Office, Centers for Disease Control and Corporate Square Boulevard, M/S E07, Disease, Disability and Injury Prevention (CDC). Prevention and Control Special Atlanta, Georgia 30329, telephone 404/639– [FR Doc. 99–21259 Filed 8–12–99; 1:42 pm] 8025, e-mail [email protected]. Emphasis Panel: Cooperative BILLING CODE 4163±18±P The Director, Management Analysis and Agreements for Non-Governmental Services Office, has been delegated the Organizations Partnerships Pilot authority to sign Federal Register Notices Project DEPARTMENT OF HEALTH AND pertaining to announcements of meetings and HUMAN SERVICES other committee management activities, for In accordance with section 10(a)(2) of both the Centers for Disease Control and the Federal Advisory Committee Act Centers for Disease Control and Prevention and the Agency for Toxic (Pub. L. 92–463), the Centers for Disease Substances and Disease Registry. Prevention Control and Prevention (CDC) Dated: August 9, 1999. announces the following meeting. Disease, Disability and Injury Carolyn J. Russell, Name: Disease, Disability and Injury Prevention and Control Special Director, Management Analysis and Services Prevention and Control Special Emphasis Emphasis Panel: Cooperative Office, Centers for Disease Control and Panel: Cooperative Agreements for Non- Agreements for Capacity-Building Prevention (CDC). Governmental Organizations Partnerships Assistance to Community-Based [FR Doc. 99–21260 Filed 8–12–99; 1:41 pm] Pilot Project, Program Announcement #99144. Organizations Serving African- BILLING CODE 4163±18±P Times and Dates: 8:30 a.m.–9:00 a.m., American Populations Heavily Affected August 19, 1999 (Open); 9:00 a.m.–4:30 p.m., by the Human Immunodeficiency Virus August 19, 1999 (Closed); 8:30 a.m.–4:30 DEPARTMENT OF HEALTH AND p.m., August 20, 1999 (Closed). In accordance with section 10(a)(2) of HUMAN SERVICES Place: CDC, National Center for HIV, STD the Federal Advisory Committee Act and TB Prevention, Executive Park, Building (Pub. L. 92–463), the Centers for Disease Centers for Disease Control and 16, Conference Rooms A and B, Atlanta, GA Control and Prevention (CDC) Prevention 30329. announces the following meeting. Status: Portions of the meeting will be Disease, Disability and Injury closed to the public in accordance with Name: Disease, Disability and Injury Prevention and Control Special provisions set forth in section 552b(c)(4) and Prevention and Control Special Emphasis Emphasis Panel: Cooperative (6), Title 5 U.S.C., and the Determination of Panel: Cooperative Agreements for Capacity- Agreements for Human the Associate Director for Management and Building Assistance to Community-Based Immunodeficiency Virus Prevention Organizations Serving African-American Operations, CDC, pursuant to Public Law 92– Projects for African-American Faith- 463. Populations Heavily Affected by the Human Matters to be Discussed: The meeting will Immunodeficiency Virus, Program Based Organizations include the review, discussion, and Announcement #99095. evaluation of applications received in Times and Date: 8:30 a.m.–9:00 a.m., In accordance with section 10(a)(2) of response to Program Announcement #99144. August 23, 1999 (Open); 9:00 a.m.–4:30 p.m., the Federal Advisory Committee Act Due to administrative delays, this notice is August 23, 1999 (Closed). (Pub. L. 92–463), the Centers for Disease

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Control and Prevention (CDC) Name: Disease, Disability and Injury Primary and Secondary Prevention Needs of announces the following meeting. Prevention and Control Special Emphasis HIV-Seropositive Injection Drug Users, Panel: Innovative Demonstration Projects to Program Announcement #99090. Name: Disease, Disability and Injury Screen and Treat Asymptomatic Males for Times and Dates: 8:30 a.m.–9:00 a.m., Prevention and Control Special Emphasis Chlamydia Trachomatis Infection Using August 26, 1999 (Open); 9:00 a.m.–4:30 p.m., Panel: Cooperative Agreements for Human Urine-based Diagnostic Tests: Translational August 26, 1999 (Closed). Immunodeficiency Virus Prevention Projects Research, Program Announcement #99104. Place: CDC, National Center for HIV, STD for African-American Faith-Based Times and Dates: 8:30 a.m.–9:00 a.m., and TB Prevention, Executive Park, Building Organizations, Program Announcement August 24, 1999 (Open); 9:00 a.m.–4:30 p.m., 57, Fifth Floor Conference Room, Atlanta, GA #99096. August 24, 1999 (Closed); 8:30 a.m.–4:30 30329. Times and Dates: 8:30 a.m.–9:00 a.m., p.m., August 25, 1999 (Closed). Status: Portions of the meeting will be August 24, 1999 (Open); 9:00 a.m.–4:30 p.m., Place: CDC, National Center for HIV, STD, closed to the public in accordance with August 24, 1999 (Closed); 8:30 a.m.–4:30 and TB Prevention, Corporate Square Office p.m., August 25, 1999 (Closed). provisions set forth in section 552b(c)(4) and Park, Building 12, Room 3106, Atlanta, GA (6), Title 5 U.S.C., and the Determination of Place: Professional and Scientific 30329. Associates, 2635 Century Parkway, Suite 990, the Associate Director for Management and Status: Portions of the meeting will be Operations, CDC, pursuant to Public Law 92– Atlanta, GA 30345. Telephone 404/633–6477. closed to the public in accordance with Status: Portions of the meeting will be 463. provisions set forth in section 552b(c) (4) and Matters to be Discussed: The meeting will closed to the public in accordance with (6), Title 5 U.S.C., and the Determination of provisions set forth in section 552b(c) (4) and include the review, discussion, and the Associate Director for Management and evaluation of applications received in (6), Title 5 U.S.C., and the Determination of Operations, CDC, pursuant to Public Law 92– response to Program Announcement #99090. the Associate Director for Management and 463. Contact Person for More Information: Beth Operations, CDC, pursuant to Public Law 92– Matters To Be Discussed: The meeting will Wolfe, Prevention Support Office, National 463. include the review, discussion, and Center for HIV, STD, and TB Prevention, Matters To Be Discussed: The meeting will evaluation of applications received in CDC, Corporate Square Office Park, 11 include the review, discussion, and response to Program Announcement #99104. Corporate Square Boulevard, M/S E07, evaluation of applications received in Due to administrative delays this notice is # Atlanta, Georgia 30329, telephone 404/639– response to Program Announcement 99096. published less than fifteen days prior to the Due to administrative delays this notice is meeting. 8025, e-mail [email protected]. published less than 15 days prior to the Contact Person for More Information: The Director, Management Analysis and meeting. Megan Foley, Prevention Support Office, Services Office, has been delegated the Contact Person for More Information: National Center for HIV, STD, and TB authority to sign Federal Register Notices Megan Foley, Prevention Support Office, Prevention, CDC, Corporate Square Office pertaining to announcements of meetings and National Center for HIV, STD, and TB Park, 11 Corporate Square Boulevard, M/S other committee management activities, for Prevention, CDC, Corporate Square Office E07, Atlanta, Georgia 30329, telephone 404/ the both the Centers for Disease Control and Park, 11 Corporate Square Boulevard, M/S 639–8025, e-mail [email protected]. Prevention and the Agency for Toxic E07, Atlanta, Georgia 30329, telephone 404/ The Director, Management Analysis and Substances and Disease Registry. 639–8025, e-mail [email protected]. Services Office, has been delegated the Dated: August 9, 1999. The Director, Management Analysis and authority to sign Federal Register Notices Services Office, has been delegated the Carolyn J. Russell, pertaining to announcements of meetings and authority to sign Federal Register Notices Director, Management Analysis and Services other committee management activities, for pertaining to announcements of meetings and Office, Centers for Disease Control and the both the Centers for Disease Control and other committee management activities, for Prevention (CDC). Prevention and the Agency for Toxic the both the Centers for Disease Control and Substances and Disease Registry. [FR Doc. 99–21263 Filed 8–12–99; 1:42 pm] Prevention and the Agency for Toxic BILLING CODE 4163±18±P Substances and Disease Registry. Dated: August 9, 1999. Dated: August 9, 1999. Carolyn J. Russell, Carolyn J. Russell, Director, Management Analysis and Services DEPARTMENT OF HEALTH AND Director, Management Analysis and Services Office, Centers for Disease Control and HUMAN SERVICES Office, Centers for Disease Control and Prevention (CDC). Prevention (CDC). [FR Doc. 99–21262 Filed 8–12–99; 1:41 pm] Centers for Disease Control and [FR Doc. 99–21261 Filed 8–12–99; 1:41 pm] BILLING CODE 4163±18±P Prevention BILLING CODE 4163±18±P Disease, Disability and Injury DEPARTMENT OF HEALTH AND Prevention and Control Special DEPARTMENT OF HEALTH AND HUMAN SERVICES Emphasis Panel: Strategies to Prevent HUMAN SERVICES Genital Herpes Simplex Infections: Centers for Disease Control and Building a National Prevention Centers for Disease Control and Prevention Program Prevention Disease, Disability and Injury In accordance with section 10(a)(2) of Disease, Disability and Injury Prevention and Control Special the Federal Advisory Committee Act Prevention and Control Special Emphasis Panel: Intervention (Pub. L. 92–463), the Centers for Disease Emphasis Panel: Innovative Research Addressing the Primary and Control and Prevention (CDC) Demonstration Projects to Screen and Secondary Prevention Needs of HIV- announces the following meeting. Seropositive Injection Drug Users Treat Asymptomatic Males for Name: Disease, Disability and Injury Chlamydia Trachomatis Infection In accordance with section 10(a)(2) of Prevention and Control Special Emphasis Using Urine-Based Diagnostic Tests: the Federal Advisory Committee Act Panel: Strategies to Prevent Genital Herpes Translational Research (Pub. L. 92–463), the Centers for Disease Simplex Infections: Building a National Control and Prevention (CDC) Prevention Program, Program Announcement In accordance with section 10(a)(2) of #99115. the Federal Advisory Committee Act announces the following meeting. Times and Dates: 8:30 a.m.–9:00 a.m., (Pub. L. 92–463), the Centers for Disease Name: Disease, Disability and Injury August 17, 1999 (Open); 9:00 a.m.–4:30 p.m., Control and Prevention (CDC) Prevention and Control Special Emphasis August 17, 1999 (Closed); 8:30 a.m.–Noon, announces the following meeting. Panel: Intervention Research Addressing the August 18, 1999 (Closed)

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Place: CDC, National Center for HIV, STD (6), Title 5 U.S.C., and the Determination of Operations, CDC, pursuant to Public Law 92– and TB Prevention, Corporate Square, the Associate Director for Management and 463. Building 12, Conference Room 3106, Atlanta, Operations, CDC, pursuant to Public Law 92– Matters to be Discussed: The meeting will GA 30329. 463. include the review, discussion, and Status: Portions of the meeting will be Matters to be Discussed: The meeting will evaluation of applications received in closed to the public in accordance with include the review, discussion, and response to Program Announcement #99091. provisions set forth in section 552b(c)(4) and evaluation of applications received in Due to administrative delays this notice is (6), Title 5 U.S.C., and the Determination of response to Program Announcement #99094. published less than 15 days prior to the the Associate Director for Management and Due to administrative delays, this notice is meeting. Operations, CDC, pursuant to Public Law 92– published less than 15 days prior to the Contact Person for More Information: 463. meeting. Megan Foley, Prevention Support Office, Matters to be Discussed: The meeting will Contact Person for More Information: National Center for HIV, STD, and TB include the review, discussion, and Megan Foley, Prevention Support Office, Prevention, CDC, Corporate Square Office evaluation of applications received in National Center for HIV, STD, and TB Park, 11 Corporate Square Boulevard, M/S # response to Program Announcement 99115. Prevention, CDC, Corporate Square Office E07, Atlanta, Georgia 30329, telephone 404/ Due to administrative delays, this notice is Park, 11 Corporate Square Boulevard, M/S 639–8025, e-mail [email protected]. published less than 15 days prior to the E07, Atlanta, Georgia 30329, telephone 404/ The Director, Management Analysis and meeting. 639–8025, e-mail [email protected]. Services Office, has been delegated the Contact Person For More Information: Beth The Director, Management Analysis and authority to sign Federal Register Notices Wolfe, Prevention Support Office, National Services Office, has been delegated the pertaining to announcements of meetings and other committee management activities, for Center for HIV, STD, and TB Prevention, authority to sign Federal Register Notices both the Centers for Disease Control and CDC, Corporate Square Office Park, 11 pertaining to announcements of meetings and Prevention and the Agency for Toxic Corporate Square Boulevard, M/S E07, other committee management activities, for Substances and Disease Registry. Atlanta, Georgia 30329, telephone 404/639– the both the Centers for Disease Control and 8025, e-mail [email protected]. Prevention and the Agency for Toxic Dated: August 9, 1999. The Director, Management Analysis and Substances and Disease Registry. Carolyn J. Russell, Services Office, has been delegated the Director, Management Analysis and Services authority to sign Federal Register Notices Dated: August 9, 1999. Office, Centers for Disease Control and pertaining to announcements of meetings and Carolyn J. Russell, Prevention (CDC). other committee management activities, for Director, Management Analysis and Services both the Centers for Disease Control and Office, Centers for Disease Control and [FR Doc. 99–21266 Filed 8–12–99; 1:42 pm] Prevention and the Agency for Toxic Prevention (CDC). BILLING CODE 4163±18±P Substances and Disease Registry. [FR Doc. 99–21265 Filed 8–12–99; 1:42 pm] Dated: August 9, 1999. BILLING CODE 4163±18±P Carolyn J. Russell, DEPARTMENT OF HEALTH AND HUMAN SERVICES Director, Management Analysis and Services Office, Centers for Disease Control and DEPARTMENT OF HEALTH AND Food and Drug Administration Prevention (CDC). HUMAN SERVICES [FR Doc. 99–21264 Filed 8–12–99; 1:42 pm] [Docket No. 97D±0318] BILLING CODE 4163±18±P Centers for Disease Control and Prevention Guidance for Industry: Revised Precautionary Measures to Reduce the DEPARTMENT OF HEALTH AND Disease, Disability and Injury Possible Risk of Transmission of HUMAN SERVICES Prevention and Control Special Creutzfeldt-Jakob Disease (CJD) and Emphasis Panel: Community-Based New Variant Creutzfeldt-Jakob Disease Centers for Disease Control and HIV Prevention Services and Capacity- (nvCJD) by Blood and Blood Products; Prevention Building Assistance to Organizations Availability Serving Gay Men of Color at Risk for AGENCY: Disease, Disability and Injury HIV Infection Food and Drug Administration, Prevention and Control Special HHS. Emphasis Panel: Community Coalition In accordance with section 10(a)(2) of ACTION: Notice. the Federal Advisory Committee Act Development Projects for African SUMMARY: The Food and Drug (Pub. L. 92–463), the Centers for Disease American Communities Administration (FDA) is announcing the Control and Prevention (CDC) availability of a guidance document In accordance with section 10(a)(2) of announces the following meeting. the Federal Advisory Committee Act entitled ‘‘Guidance for Industry: Revised (Pub. L. 92–463), the Centers for Disease Name: Disease, Disability and Injury Precautionary Measures to Reduce the Prevention and Control Special Emphasis Control and Prevention (CDC) Possible Risk of Transmission of Panel: Community-Based HIV Prevention Creutzfeldt-Jakob Disease (CJD) and announces the following meeting. Services and Capacity-Building Assistance to Organizations Serving Gay Men of Color at New Variant Creutzfeldt-Jakob Disease Name: Disease, Disability and Injury (nvCJD) by Blood and Blood Products.’’ Prevention and Control Special Emphasis Risk for HIV Infection, Program Panel: Community Coalition Development Announcement #99091. The guidance document is intended to Projects for African American Communities, Times and Dates: 8:30 a.m.–9:00 a.m., provide recommendations to all Program Announcement #99094. August 26, 1999 (Open); 9:00 a.m.–4:30 p.m., registered blood and plasma Times and Dates: 8:30 a.m.–9:00 a.m., August 26, 1999 (Closed); 8:30 a.m.–4:30 establishments and all establishments August 19, 1999 (Open); 9:00 a.m.–4:30 p.m., p.m., August 27, 1999 (Closed). engaged in manufacturing plasma August 19, 1999 (Closed); 8:30 a.m.–4:30 Place: Professional and Scientific derivatives. The guidance document is p.m., August 20, 1999 (Closed); Associates, 2635 Century Parkway, Suite 990, intended to replace the FDA guidance Atlanta, GA 30345. Telephone 404/633–6477. Place: Professional and Scientific entitled ‘‘Revised Precautionary Associates, 2635 Century Parkway, Suite 990, Status: Portions of the meeting will be Atlanta, GA 30345. Telephone 404/633–6477. closed to the public in accordance with Measures to Reduce the Possible Risk of Status: Portions of the meeting will be provisions set forth in section 552b(c)(4) and Transmission of Creutzfeldt-Jakob closed to the public in accordance with (6), Title 5 U.S.C., and the Determination of Disease (CJD) by Blood and Blood provisions set forth in section 552b(c)(4) and the Associate Director for Management and Products’’ issued on December 11, 1996.

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DATES: Written comments may be 11, 1996. See notice of availability (62 III. Electronic Access submitted at any time, however, FR 49694, September 23, 1997). Persons with access to the Internet comments should be submitted by Recommendations addressed in the may obtain the guidance document October 18, 1999, to ensure adequate guidance document include: (1) Donor using the World Wide Web (WWW). For consideration in preparation of a revised screening questions and deferral WWW access, connect to CBER at document, if warranted. The agency is criteria, (2) disposition of implicated ‘‘http://www.fda.gov/cber/ soliciting public comment, but is products, (3) consignee notification and guidelines.htm’’. implementing this guidance document recipient counseling, and (4) product immediately because of the public Dated: August 4, 1999. labeling. health concerns related to the possible Margaret M. Dotzel, risk of transmission of CJD and nvCJD The guidance document represents Acting Associate Commissioner for Policy. by blood and blood products. the agency’s current thinking on [FR Doc. 99–21251 Filed 8–16–99; 8:45 am] ADDRESSES: Submit written requests for precautionary measures to reduce the BILLING CODE 4160±01±F single copies of the guidance document possible risk and to assure that blood entitled ‘‘Guidance for Industry: Revised and blood products are not adulterated Precautionary Measures to Reduce the or misbranded, within the meaning of DEPARTMENT OF HEALTH AND Possible Risk of Transmission of the Federal Food Drug and Cosmetic HUMAN SERVICES Creutzfeldt-Jakob Disease (CJD) and Act, and are safe, pure and potent Food and Drug Administration New Variant Creutzfeldt-Jakob Disease within the meaning of the Public Health (nvCJD) by Blood and Blood Products’’ Service Act. It does not create or confer [Docket No. 99D±2407] to the Office of Communication, any rights for or on any person and does Training, and Manufacturers Assistance not operate to bind FDA or the public. Evaluation and Processing of Post (HFM–40), Center for Biologics An alternative approach may be used if Donation Information Reports; Evaluation and Research (CBER), Food such approach satisfies the Compliance Policy Guide; Guidance and Drug Administration, 1401 requirements of the applicable statute, for FDA Personnel; Availability; Rockville Pike, Rockville, MD 20852– regulations, or both. As with other Comment Request 1448. Send one self-addressed adhesive guidance documents, FDA does not label to assist that office in processing intend this document to be all-inclusive AGENCY: Food and Drug Administration, your requests. The guidance document and cautions that not all information HHS. may also be obtained by mail by calling may be applicable to all situations. The ACTION: Notice. the CBER Voice Information System at guidance document is intended to SUMMARY: The Food and Drug 1–800–835–4709 or 301–827–1800, or provide information and does not set Administration (FDA) is announcing the by fax by calling the FAX Information forth requirements. System at 1–888–CBER–FAX or 301– availability of a new compliance policy 827–3844. See the SUPPLEMENTARY II. Comments guide (CPG) entitled ‘‘Evaluation and Processing of Post Donation Information INFORMATION section for electronic The agency is soliciting public access to the guidance document. Reports’’ (section 230.140). This comment, but is implementing this Submit written comments on the document provides guidance to FDA guidance document immediately guidance document to the Dockets field and headquarters staff regarding Management Branch (HFA–305), Food because of the public health concerns FDA’s policy related to the evaluation and Drug Administration, 5630 Fishers related to the possible risk of and processing of post donation Lane, rm. 1061, Rockville, MD 20852. transmission of CJD and nvCJD by blood information reports for blood and blood and blood products. Additionally, the FOR FURTHER INFORMATION CONTACT: components. guidance presents a less burdersome Valerie A. Butler, Center for Biologics DATES: Written comments may be policy for the management of blood Evaluation and Research (HFM–17), provided at any time. components and plasma derivatives in Food and Drug Administration, 1401 ADDRESSES: Submit written requests for Rockville Pike, Rockville, MD 20852– cases where the donor has classic CJD single copies of the CPG entitled 1448, 301–827–6210. or CJD risk factors. Interested persons ‘‘Evaluation and Processing of Post may submit to the Dockets Management SUPPLEMENTARY INFORMATION: Donation Information Reports’’ (section Branch (address above) written 230.140) to the Director, Division of I. Background comments regarding this guidance Compliance Policy (HFC–230), Office of FDA is announcing the availability of document. Written comments may be Enforcement, Office of Regulatory a guidance document entitled submitted at any time, however, Affairs (ORA), 5600 Fishers Lane, ‘‘Guidance for Industry: Revised comments should be submitted by Rockville, MD 20857. Send two self- Precautionary Measures to Reduce the October 18, 1999, to ensure adequate addressed adhesive labels to assist that Possible Risk of Transmission of consideration in preparation of a revised office in processing your requests, or Creutzfeldt-Jakob Disease (CJD) and document, if warranted. Two copies of you may fax your request to 301–827– New Variant Creutzfeldt-Jakob Disease any comments are to be submitted, 0482. See the SUPPLEMENTARY (nvCJD) by Blood and Blood Products.’’ except that individuals may submit one INFORMATION section for electronic The guidance document is intended to copy. Comments are to be identified access to the guidance document. replace the FDA guidance entitled with the docket number found in Written comments should be identified ‘‘Revised Precautionary Measures to brackets in the heading of this with the docket number found in Reduce the Possible Risk of document. A copy of the guidance brackets in the heading of this Transmission of Creutzfeldt-Jakob document and received comments are document and should be sent to the Disease (CJD) by Blood and Blood available for public examination in the Dockets Management Branch (HFA– Products’’ sent by mail to blood and Dockets Management Branch (address 305), Food and Drug Administration, plasma establishments and plasma above) between 9 a.m. and 4 p.m., 5630 Fishers Lane, rm. 1061, Rockville, derivatives manufacturers on December Monday through Friday. MD 20852.

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FOR FURTHER INFORMATION CONTACT: Dated: August 9, 1999. Submit written comments on the Sharon O’Callaghan, Center For Dennis E. Baker, document to the Dockets Management Biologics Evaluation and Research Associate Commissioner for Regulatory Branch (HFA–305), Food and Drug (CBER) (HFM–650), Food and Drug Affairs. Administration, 5630 Fishers Lane, rm. Administration, 1401 Rockville Pike, [FR Doc. 99–21255 Filed 8–16–99; 8:45 am] 1061, Rockville, MD 20852. Rockville, MD 20852–1448, 301–594– BILLING CODE 4160±01±F FOR FURTHER INFORMATION CONTACT: 1191. Murray M. Lumpkin, Center for Drug SUPPLEMENTARY INFORMATION: Evaluation and Research (HFD–2), DEPARTMENT OF HEALTH AND Food and Drug Administration, I. Background HUMAN SERVICES 5600 Fishers Lane, Rockville, MD 20857, 301–594–5400; or Food and Drug Administration CBER issued a memorandum to blood Robert A. Yetter, Center for Biologics establishments on December 10, 1993, [Docket No. 99D±2405] Evaluation and Research (HFM–10), that provided guidance concerning 1401 Rockville Pike, Rockville, MD process control procedures that should Draft ``Guidance for Industry: 20852–1448, 301–827–0373. Information Request and Discipline be established and maintained for the SUPPLEMENTARY INFORMATION: receipt, evaluation, investigation, and Review Letters Under the Prescription followup of post donation information Drug User Fee Act;'' Availability I. Background reports. Post donation information AGENCY: Food and Drug Administration, FDA is announcing the availability of includes information provided by the HHS. a draft document entitled ‘‘Guidance for donor or other source and received or ACTION: Notice. Industry: Information Request and obtained following a donation, or at a Discipline Review Letters Under the subsequent donation during the health SUMMARY: The Food and Drug Prescription Drug User Fee Act.’’ In a history screening process that relates to Administration (FDA) is announcing the November 1997 letter to Congress the suitability of the donor or of the availability of a draft document entitled regarding the reauthorization of the blood or blood component. This CPG ‘‘Guidance for Industry: Information Prescription Drug User Fee Act provides regulatory guidance relative to Request and Discipline Review Letters (PDUFA) as part of the Food and Drug the evaluation and processing of this Under the Prescription Drug User Fee Administration Modernization Act of information. Act.’’ This draft guidance is intended to 1997 (Public Law 105–115), the provide guidance to industry on the use Secretary of Health and Human Services This Level 2 guidance document is of certain types of letters by the Center (the Secretary) committed FDA to being issued consistent with FDA’s good for Drug Evaluation and Research certain user fee performance goals and guidance practices (62 FR 8961, (CDER) and the Center for Biologics additional procedures related to the February 27, 1997). It represents the Evaluation and Research (CBER) as part review of products in human drug agency’s current thinking on the of the review of marketing applications applications as defined in section 735(1) evaluation and processing of post for certain drug and biological products. of the Federal Food, Drug, and Cosmetic donation reports. It does not create or DATES: Written comments may be Act (21 U.S.C. 379g(1)) (PDUFA confer any rights for or on any person submitted at any time, however, products). As one of the additional and does not operate to bind FDA or the comments should be submitted by procedures intended to help expedite public. An alternative approach may be November 15, 1999, to ensure their the development of drugs and biologics, used if such approach satisfies the adequate consideration in preparation of the Secretary specified that FDA intends requirements of the applicable statutes, the final document. to provide early agency thoughts on regulations, or both. ADDRESSES: Submit written requests for possible deficiencies to applicants in a single copies of the draft guidance letter as each discipline finishes its II. Request for Comments entitled ‘‘Guidance for Industry: initial review of its portion of the Written comments concerning the Information Request and Discipline pending application. The procedures Review Letters Under the Prescription and policies described in this draft guidance may be submitted to the Drug User Fee Act’’ to the Drug guidance are intended to explain how Dockets Management Branch (address Information Branch (HFD–210), Center the agency will issue and use above) at any time. Two copies of any for Drug Evaluation and Research information request letters and comments are to be submitted, except (CDER), Food and Drug Administration, discipline review letters during the that individuals may submit one copy. 5600 Fishers Lane, Rockville, MD review of PDUFA products. Written comments and requests for 20857, or the Office of Communication, This draft guidance document copies are to be identified with the Training, and Manufacturers Assistance represents the agency’s current thinking docket number found in brackets in the (HFM–40), Center for Biologics on information request letters and heading of this document. A copy of the Evaluation and Research (CBER), 1401 discipline review letters under PDUFA. CPG and received comments are Rockville Pike, Rockville, MD 20852– It does not create or confer any rights for available for public examination in the 1448. Send one self addressed adhesive or on any person and does not operate office above between 9 a.m. and 4 p.m., label to assist the office in processing to bind FDA or the public. An Monday through Friday. your request. The document may also be alternative approach may be used if obtained by mail by calling the CBER such approach satisfies the III. Electronic Access Voice Information System at 1–800– requirements of the applicable statute, An electronic version of the CPG 835–4709 or 301–-827–1800, or by fax regulations, or both. As with other (section 230.140) is also available on the by calling the FAX Information System guidance documents, FDA does not Internet by connecting to the ORA home at 1–888–CBER–FAX or 301–827–3844. intend this document to be all-inclusive page at ‘‘http://www.fda.gov/ora/ See the SUPPLEMENTARY and cautions that not all information compliancelref/default.htm’’. INFORMATION section for electronic may be applicable to all situations. The access to the draft guidance document. document is intended to provide

VerDate 18-JUN-99 10:31 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\A17AU3.094 pfrm01 PsN: 17AUN1 44742 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Notices information and does not set forth Purpose: The National Advisory personal information concerning requirements. Committee on Rural Health provides advice individuals associated with the grant and recommendations to the Secretary with applications, the disclosure of which II. Comments respect to the delivery, research, development, and administration of health would constitute a clearly unwarranted This draft document is being care services in rural areas. invasion of personal privacy. distributed for comment purposes only, Agenda: The plenary session on Monday Name of Committee: National Heart, Lung, and is not intended for implementation morning, September 13, at 8:30 a.m., will and Blood Institute Special Emphasis Panel; at this time. Interested persons may include Office of Rural Health Policy update, PA–98–052 ‘‘Mentored Patient-Oriented submit to the Dockets Management legislative updates, NRHA Policy Institute Research Career Development Award’’ also Branch (address above) written overview, and presentation on the rural PA–98–053 ‘‘Midcareer Investigator Award comments regarding this guidance public health infrastructure project. After in Patient-Oriented Research’’. lunch, the Committee will begin formulating document. Written comments may be Date: September 28–29, 1999. recommendations and review committee Time: September 28, 1999, 7 pm to 9 pm. submitted at any time, however, process and organization. Tuesday morning, Agenda: To review and evaluate grant comments should be submitted by September 14, will be spent exploring future applications. November 15, 1999, to ensure adequate committee options, topics and issues for the Place: Chevy Chase Holiday Inn, 5520 consideration in preparation of the final Committee. After lunch, a presentation on Wisconsin Ave., Chevy Chase, MD 20815. document. Two copies of any comments the Medicare Reform and its Implication for Time: September 29, 1999, 8:30 am to 5 are to be submitted, except individuals Rural: A Review of the Premium Support and pm. may submit one copy. Comments are to the Administration proposal will be followed Agenda: To review and evaluate grant by panelist and Committee discussion. Late applications. be identified with the docket number afternoon the Committee will continue Place: Chevy Chase Holiday Inn, 5520 found in the brackets in the heading of formulating recommendations. Wisconsin Ave., Chevy Chase, MD 20815. this document. The draft guidance and The final plenary session will be convened Contact Person: Diane M. Reid, MD, received comments are available for on Wednesday, at 8:30 a.m. During this Scientific Review Administrator, NIH, public examination in the Dockets session the Committee will conclude NHLBI, DEA, Two Rockledge Center, 6701 Management Branch between 9 a.m. and discussions on recommendations, Committee Rockledge Drive, Room 7182, Bethesda, MD 4 p.m., Monday through Friday. structure and future activities. The meeting 20892–7924, (301) 435–0277. will adjourn at 11:30 a.m. (Catalogue of Federal Domestic Assistance III. Electronic Access Anyone requiring information regarding Program Nos. 93.233, National Center for the subject Committee should contact Wayne Persons with access to the Internet Sleep Disorders Research; 93.837, Heart and W. Myers, M.D., Executive Secretary, Vascular Diseases Research; 93.838, Lung may obtain the draft guidance document National Advisory Committee on Rural Diseases Research, 93.839, Blood Diseases using the World Wide Web (WWW). For Health, Health Resources and Services and Resources Research, National Institutes WWW access, connect to CDER at Administration, Room 9A–55, Parklawn of Health, HHS) Building, 5600 Fishers Lane, Rockville, MD ‘‘http://www.fda.gov/cder/guidance/ Dated: August 10, 1999. 20857, telephone (301) 443–0835, FAX (301) index.htm’’, or CBER at ‘‘http:// LaVerne Y. Stringfield, www.fda.gov/cber/guidelines.htm’’. 443–2803. Persons interested in attending any portion Committee Management Officer, NIH. Dated: August 9, 1999. of the meeting should contact Sandi Lyles or [FR Doc. 99–21219 Filed 8–16–99; 8:45 am] Margaret M. Dotzel, Lilly Smetana, Office of Rural Health Policy, BILLING CODE 4140±01±M Acting Associate Commissioner for Policy. (301) 443–0835. Agenda items are subject to change as [FR Doc. 99–21254 Filed 8–16–99; 8:45 am] priorities dictate. BILLING CODE 4160±01±F DEPARTMENT OF HEALTH AND Dated: August 11, 1999. HUMAN SERVICES James J. Corrigan, DEPARTMENT OF HEALTH AND Associate Administrator for Operations and National Institutes of Health Management. HUMAN SERVICES National Institute of Nursing Research; [FR Doc. 99–21256 Filed 8–16–99; 8:45 am] Notice of Closed Meeting Health Resources and Services BILLING CODE 4160±15±P Administration Pursuant to section 10(d) of the Federal Advisory Committee Act, as Advisory Committee; Notice of Meeting DEPARTMENT OF HEALTH AND amended (5 U.S.C. Appendix 2), notice HUMAN SERVICES In accordance with section 10(a)(2) of is hereby given of the following meeting. the Federal Advisory Committee Act National Institutes of Health (Pub. L. 92–463), announcement is The meeting will be closed to the public in accordance with the made of the following National National Heart, Lung, and Blood provisions set forth in sections Advisory body scheduled to meet Institute; Notice of Closed Meeting during the month of September 1999. 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The grant applications and The National Advisory Committee on Pursuant to section 10(d) of the the discussions could disclose Rural Health will convene its thirty- Federal Advisory Committee Act, as confidential trade secrets or commercial third meeting at the time and place amended (5 U.S.C. Appendix 2), notice property such as patentable material, specified below: is hereby given of the following meeting. and personal information concerning Name: National Advisory Committee on The meeting will be closed to the individuals associated with the grant Rural Health public in accordance with provisions set applications, the disclosure of which Date and Time: September 13, 1999; 8:30 forth in sections 552b(c)(4) and would constitute a clearly unwarranted a.m.– 5:00 p.m.; September 14, 1999; 8:30 a.m.–5:00 p.m.; September 15, 1999; 8:30– 552b(c)(6), Title 5 U.S.C., as amended. invasion of personal privacy. 11:30 a.m. The grant applications and the Name of Committee: National Institute of Place: Omni Shoreham Hotel, 2500 Calvert discussions could disclose confidential Nursing Research Special Emphasis Panel, Street, NW, Washington, DC 20008, Phone: trade secrets or commercial property Individual National Research Service Award (202) 234–7000. such as patentable material, and Applications (NRSA).

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Date: August 20, 1999. Date: August 18, 1999. Place: NIH, Rockledge 2, Bethesda, MD Time: 1 pm to 3 pm. Time: 1 pm to 2 pm. 20892, (Telephone Conference Call). Agenda: To review and evaluate grant Agenda: To review and evaluate grant Contact Person: Edmund Copeland, PhD, applications. applications. Scientific Review Administrator, Center for Place: 45 Center Drive, Bethesda, MD Place: NIH, Rockledge 2, Bethesda, MD Scientific Review, National Institutes of 20892, (Telephone Conference Call). 20892, (Telephone Conference Call). Health, 6701 Rockledge Drive, Room 4152, Contact Person: Mary J. Stephens-Frazier, Contact Person: Carole L. Jelsema, PhD, MSC 7804, Bethesda, MD 20892, (301) 435– PHD, Scientific Review Administrator, Scientific Review Administrator, Center for 1715. National Institute of Nursing Research, Scientific Review, National Institutes of This notice is being published less than 15 National Institutes of Health, Natcher Health, 6701 Rockledge Drive, Room 5222, days prior to the meeting due to the timing Building, Room 3AN32, Bethesda, MD 20892, MSC 7850, Bethesda, MD 20892, 301–435– limitations imposed by the review and (301) 594–5971. 1249, [email protected] funding cycle. This notice is being published less than 15 This notice is being published less than 15 (Catalogue of Federal Domestic Assistance days prior to the meeting due to the timing days prior to the meeting due to the timing Program Nos. 93.306, Comparative Medicine, limitations imposed by the review and limitations imposed by the review and funding cycle. 93.306; 93.333, Clinical Research, 93.333, funding cycle. 93.337, 93.393–93.396, 93.837–93.844, (Catalogue of Federal Domestic Assistance Name of Committee: Center for Scientific 93.846–93.878, 93.892, 93.893, National Program Nos. 93.361, Nursing Research, Review Special Emphasis Panel. Institutes of Health, HHS) National Institutes of Health, HHS) Date: August 23, 1999. Time: 1 pm to 2 pm. Dated: August 10, 1999. Dated: August 10, 1999. Agenda: To review and evaluate grant LaVerne Y. Stringfield, LaVerne Y. Stringfield, applications. Committee Management Officer, NIH. Committee Management Officer, NIH. Place: NIH, Rockledge 2, Bethesda, MD [FR Doc. 99–21217 Filed 8–16–99; 8:45 am] [FR Doc. 99–21218 Filed 8–16–99; 8:45 am] 20892, (Telephone Conference Call). Contact Person: Carl D. Banner, PhD, BILLING CODE 4140±01±M BILLING CODE 4140±01±M Scientific Review Administrator, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5212, DEPARTMENT OF HOUSING AND DEPARTMENT OF HEALTH AND MSC 7850, Bethesda, MD 20892, 301–435– URBAN DEVELOPMENT HUMAN SERVICES 1251, [email protected] This notice is being published less than 15 [Docket No. FR±3950±N±07] National Institutes of Health days prior to the meeting due to the timing limitations imposed by the review and Notice of Proposed Information Center for Scientific Review; Notice of funding cycle. Collection: Comment Request Closed Meetings Name of Committee: Center for Scientific Application for Designation as a Single Review Special Emphasis Panel. Family Foreclosure Pursuant to section 10(d) of the Date: August 23, 1999. Federal Advisory Committee Act, as Time: 2 p.m. 4:01 p.m. AGENCY: Office of General Counsel, amended (5 U.S.C. Appendix 2), notice Agenda: To review and evaluate grant HUD. is hereby given of the following applications. ACTION: Notice. meetings. Place: NIH, Rockledge 2, Bethesda, MD The meetings will be closed to the 20892, (Telephone Conference Call). SUMMARY: The proposed information public in accordance with the Contact Person: Richard Marcus, PhD, collection requirement described below provisions set forth in sections Scientific Review Administrator, Center for will be submitted to the Office of 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Scientific Review, National Institutes of Management and Budget (OMB) for Health, 6701 Rockledge Drive, Room 5168, as amended. The grant applications and MSC 7844, Bethesda, MD 20892, (301) 435– review, as required by the Paperwork the discussions could disclose 1215, [email protected] Reduction Act. The Department is confidential trade secrets or commercial This notice is being published less than 15 soliciting public comments on the property such as patentable material, days prior to the meeting due to the timing subject proposal. and personal information concerning limitations imposed by the review and DATES: Comments Due Date: October 18, individuals associated with the grant funding cycle. 1999. applications, the disclosure of which Name of Committee: Center for Scientific ADDRESSES: Interested persons are Review Special Emphasis Panel. would constitute a clearly unwarranted invited to submit comments regarding invasion of personal privacy. Date: August 23, 1999. Time: 2 p.m. to 3:30 p.m. this proposal. Comments should refer to Name of Committee: Center for Scientific Agenda: To review and evaluate grant the proposal by name and/or OMB Review Special Emphasis Panel. applications. Control Number and should be sent to: Date: August 16, 1999. Place: NIH, Rockledge 2, Bethesda, MD Patricia A. Wash, Reports Liaison Time: 1:30 pm to 3:30 pm. 20892, (Telephone Conference Call). Officer, Department of Housing and Agenda: To review and evaluate grant Contact Person: Daniel F. McDonald, PhD, Urban Development, 451 7th Street, SW, applications. Scientific Review Administrator, Center for Room 10245, Washington, DC 20410. Place: NIH, Rockledge 2, Bethesda, MD Scientific Review, National Institutes of 20892, (Telephone Conference Call). Health, 6701 Rockledge Drive, Room 4214, FOR FURTHER INFORMATION CONTACT: Contact Person: Richard Marcus, PhD, MSC 7814, Bethesda, MD 20892, (301) 435– Bruce S. Albright, Assistant General Scientific Review Administrator, Center for 1215. Counsel, Single Family Mortgage Scientific Review, National Institutes of This notice is being published less than 15 Division, (202) 708–0080. This is not a Health, 6701 Rockledge Drive, Room 5168, days prior to the meeting due to the timing toll-free number. Copies of the proposed MSC 7844, Bethesda, MD 20892, 301–435– limitations imposed by the review and forms and other available documents 1245, [email protected] funding cycle. submitted to OMB may be obtained This notice is being published less than 15 Name of Committee: Center for Scientific from Mr. Albright. days prior to the meeting due to the timing Review Special Emphasis Panel. limitations imposed by the review and Date: August 24, 1999. SUPPLEMENTARY INFORMATION: The funding cycle. Time: 12 p.m. to 2 p.m. Department is submitting the proposed Name of Committee: Center for Scientific Agenda: To review and evaluate grant information collection to OMB for Review Special Emphasis Panel. applications. review, as required by the Paperwork

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Reduction Act (44 U.S.C. Chapter 35, as description of the need for the Family Foreclosure Commissioner (FR– amended). information and its proposed use; (5) 3950). This Notice is soliciting comments the agency form number, if applicable; Office: General Counsel. from members of the public and (6) what members of the public will be affecting agencies concerning the affected by the proposal; (7) how OMB Approval Number: proposed collection of information to: frequently information submissions will Description of the Need for the (1) Evaluate whether the proposed be required; (8) an estimate of the total Information and its Proposed Use: collection of information is necessary number of hours needed to prepare the Under the Single Family Mortgage for the proper performance of the information submission including Foreclosure Act of 1994, HUD may functions of the agency, including number of respondents, frequency of exercise a nonjudicial Power of Sale of whether the information will have response, and hours of response; (9) single family HUD-held mortgages and practical utility; (2) evaluate the whether the proposal is new, an may appoint Foreclosure accuracy of the agency’s estimate of the extension, reinstatement, or revision of Commissioners to do this. HUD needs burden of the proposed collection of an information collection requirement; the Notice and resulting applications for information; (3) enhance the quality, and (10) the names and telephone compliance with the Act’s requirements utility, and clarity of the information to numbers of an agency official familiar be collected; and (4) minimize the that commissioners be qualified. Most with the proposal and of the OMB Desk respondents will be attorneys, but burden of the collection of information Officer for the Department. on those who are to respond; including anyone may apply. through the use of appropriate Authority: Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 35, as Form Number: None. automated collection techniques or amended. Respondents: Business or Other For- other forms of information technology, Dated: July 13, 1999. Profit and Individuals or Households. e.g., permitting electronic submission of responses. Gail W. Laster, Frequency of Submission: On The Notice lists the following General Counsel. Occasion. information: (1) The title of the Notice of Submission of Proposed Reporting Burden: information collection proposal; (2) the Information Collection to OMB office of the agency to collect the information; (3) the OMB approval Title of Proposal: Notice of number, if applicable; (4) the Application for Designation as a Single

Number of × Frequency of × Hours per Burden respondents response response = hours

Applicants (1999) ...... 30 1 .5 15 Applicants (Later Years) ...... 30 1 .5 15

Total Estimated Burden Hours: 30. SUMMARY: In accordance with section the Section 108 Loan Guarantee Status: Extension of a currently 102(a)(4)(C) of the Department of program. The purpose of EDI grant approved collection. Housing and Urban Development funds is to further minimize the Contact Persons and Telephone Reform Act of 1989, this announcement potential loss of future CDBG Numbers (these are not toll-free notifies the public of funding decisions allocations by: strengthening the numbers) for copies of available made by the Department in a economic feasibility of the projects documents: Bruce S. Albright, Assistant competition for funding under the financed with Section 108 funds; General Counsel, Single Family Super Notice of Funding Availability directly enhancing the security of the Mortgage Division, (202) 708–0080; (SuperNOFA) for the Economic guaranteed loan; or through a Matthew C. Forman, Deputy Assistant Development Initiative (EDI) Program. combination of these or other risk General Counsel, Single Family This announcement contains the names mitigation techniques. EDI and Section Mortgage Division, (202) 708–0080; of the awardees and the amounts of the 108 funds are intended to finance Wayne Eddins, Reports Management awards made available by HUD. projects and activities that will provide Officer, (202) 708–1305. FOR FURTHER INFORMATION CONTACT: near-term results and demonstrable [FR Doc. 99–21239 Filed 8–16–99; 8:45 am] Donner Buchet, Director, Community economic benefits, such as job creation BILLING CODE 4210±01±P and Economic Development Services, and increases in the local tax base. Office of Community Planning and The competition was announced in Development, 451 7th Street, SW, the SuperNOFA published in the DEPARTMENT OF HOUSING AND Washington, DC 20410; telephone (202) Federal Register on February 26, 1999 URBAN DEVELOPMENT 708–2290 (this is not a toll-free (64 FR 9791). Applications were rated [Docket No. FR±4410±FA±06] number). Hearing- and speech-impaired and selected for funding on the basis of persons may access this number via selection criteria contained in that Announcement of Funding Awards for TTY by calling the Federal Relay Notice. the Economic Development Initiative Service toll-free at 1–800–877–8339. For A total of $34,623,263 was awarded to Program, Fiscal Year 1999 general information on this and other 28 projects nationwide. In accordance HUD programs, call Community with section 102(a)(4)(C) of the AGENCY: Office of the Assistant Connections at 1–800–998–9999. Secretary for Community Planning and Department of Housing and Urban Development, HUD. SUPPLEMENTARY INFORMATION: The EDI Development Reform Act of 1989 (103 program was enacted in 1994 and is Stat. 1987. 42 U.S.C. 3545), the ACTION: Notice of funding awards. intended to complement and enhance Department is publishing the grantees

VerDate 18-JUN-99 10:31 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\A17AU3.186 pfrm01 PsN: 17AUN1 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Notices 44745 and amounts of the awards in Appendix DEPARTMENT OF THE INTERIOR Dated: August 11, 1999. A to this document. Tim Salt, Bureau of Land Management Dated: August 11, 1999. District Manager. Joseph A. D’Agosta, [CA±610±09±0777±42] [FR Doc. 99–21267 Filed 8–16–99; 8:45 am] BILLING CODE 4310±40±U General Deputy Assistant Secretary for Meeting of the California Desert Community Planning and Development. District Advisory Council Appendix A DEPARTMENT OF THE INTERIOR SUMMARY: Notice is hereby given, in City of Huntington Park, CA accordance with Public Laws 92–463 Bureau of Land Management $825,000 and 94–579, that the California Desert [CA±180±99±1430±01: CA 39262] City of Long Beach, CA District Advisory Council to the Bureau $1,000,000 of Land Management, U.S. Department Realty Action, Recreation and Public County of Los Angeles, CA of the Interior, will participate in a field Purposes (R&PP) Act Classification; $2,000,000 tour of the BLM-administered public Placer County, California City of Monterey Park, CA lands within the Northern and Eastern $540,000 Mojave Planning Area on Friday, AGENCY: Bureau of Land Management, City of Richmond, CA September 24, 1999, and meet in formal Interior. $1,000,000 session on Saturday, September 25 from ACTION: Notice of Realty Action— City of San Diego, CA 8 a.m. to 5 p.m. The Saturday meeting Recreation and Public Purposes (R&PP) $1,485,000 will be held at the California State Act Classification; Placer County, City of Visalia, CA University Desert Studies Center, California. $375,000 located at Soda Springs, eight miles City of Hartford, CT southwest of Baker, California and 60 SUMMARY: The following public lands in $2,000,000 miles east of Barstow, California. To Placer County, California have been City of New Haven, CT reach the Center, take the Zzyzx Road examined and found suitable for $2,000,000 exit off Interstate 15 and drive south classification for conveyance to the Iowa City of Fort Myers, FL four miles to the Center. Hill Community Club under the $500,000 The Council and interested members provisions of the Recreation and Public County of Miami-Dade, FL of the public will assemble for the field Purposes Act, as amended (43 U.S.C. $2,000,000 tour at the Desert Studies Center parking 869 et seq.). The Iowa Hill Community City of Tallahassee, FL lot at 7:15 a.m. and depart at 7:30 a.m. Club proposes to use the following $1,500,000 Members of the public are welcome to lands for a fire station. City of New Bedford, MA participate in the tour, but should plan $250,000 Mount Diablo Meridian, California on providing their own transportation, County of Prince Georges, MD T. 15 N., R. 10 E., drinks, and lunch. $1,000,000 sec. 33, lot 66. The Saturday meeting agenda will City of Flint, MI Containing 2.50 acres, more or less. $700,000 include discussions on the bioregional planning efforts, the recreation fee The lands are not needed for Federal City of Minneapolis, MN purposes. Lease or conveyance is $2,000,000 demonstration pilot program, the consistent with the current BLM land City of Gastonia, NC Army’s proposed expansion of the use planning and would be in the public $1,000,000 National Training Center at Fort Irwin, interest. City of Reno, NV and a proposed National Monument The patent, when issued, will be $300,000 designation for the San Jacinto and subject to the following terms, City of Buffalo, NY Santa Rosa Mountains. All Desert District Advisory Council conditions, and reservations: $2,000,000 1. Provisions of the Recreation and City of Mount Vernon, NY meetings are open to the public. Time Public Purposes Act and to all $1,989,496 for public comment may be made applicable regulations of the Secretary City of New York, NY available by the Council Chairman of the Interior. $1,998,000 during the presentation of various 2. A right-of-way for ditches and City of New York, NY agenda items, and is scheduled at the canals constructed by the authority of $2,000,000 beginning of the meeting for topics not the United States. City of Yonkers, NY on the agenda. 3. All minerals shall be reserved to $1,000,000 Written comments may be filed in the United States, together with the City of Lancaster, OH advance of the meeting for the right to prospect for, mine, and remove $1,662,500 California Desert District Advisory materials. City of Columbia, SC Council, c/o Bureau of Land 4. An easement for streets, roads, and $2,000,000 Management, Public Affairs Office, 6221 utilities in accordance with the City of Spartanburg, SC Box Springs Boulevard, Riverside, transportation plan for Placer County. $398,267 California 92507–0714. Written Detailed information concerning this City of Sumter, SC comments also are accepted at the time action is available for review at the $500,000 of the meeting and, if copies are office of the Bureau of Land City of Charleston, WV provided to the recorder, will be Management, Folsom Field Office, 63 $600,000 incorporated into the minutes. Natoma Street, Folsom, California. [FR Doc. 99–21238 Filed 8–16–99; 8:45 am] FOR FURTHER INFORMATION CONTACT: Upon publication of this notice in the BILLING CODE 4210±29±P Carole Levitzky at (909) 697–5217 or Federal Register, the lands will be Doran Sanchez at (909) 697–5220, BLM segregated from all forms of California Desert District Public Affairs. appropriation under the public land

VerDate 18-JUN-99 16:08 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\17AUN1.XXX pfrm03 PsN: 17AUN1 44746 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Notices laws, including the general mining laws, classification for lease or conveyance to use is consistent with the State and except for lease or conveyance under the Mariposa, Amador, Calaveras, Federal programs. the Recreation and Public Purposes Act Tuolumne (MACT) Indian Health Board Application Comments and leasing under the mineral leasing under the provisions of the Recreation laws. For a period of 45 days from the and Public Purposes Act, as amended Interested parties may submit date of publication of this notice in the (43 U.S.C. 869 et seq.). The MACT comments regarding the specific use Federal Register, interested persons proposes to use the following lands for proposed in the applications and plan of may submit comments regarding the a health clinic and cultural center. developments, whether the BLM proposed lease/conveyance or followed proper administrative Mount Diablo Meridian, California classification of the lands to the Field procedures in reaching the decision, or Manager, Folsom Field Office, 63 T. 1 N., R. 16 E., any other factor not directly related to Natoma Street, Folsom, CA 95630. sec. 5, lot 16. the suitability of the land. Containing 15.35 acres, more or less. Any adverse comments will be Classification Comments The lands are not needed for Federal reviewed by the State Director. In the Interested parties may submit purposes. Lease or conveyance is absence of any adverse comments, the comments involving the suitability of consistent with the current BLM land classification will become effective 60 the lands. Comments on the use planning and would be in the public days from the date of publication of this classification are restricted to whether interest. notice in the Federal Register. the land is physically suited for the The lease/patent, when issued, will be FOR FURTHER INFORMATION CONTACT: proposal, whether the use will subject to the following terms, Karen Montgomery, BLM Folsom Field maximize the future use or uses of the conditions, and reservations: Office, (916) 985–4474. land, whether the use is consistent with 1. Provisions of the Recreation and D.K. Swickard, the local planning and zoning, or if the Public Purposes Act and to all Field Manager. use is consistent with the State and applicable regulations of the Secretary [FR Doc. 99–21327 Filed 8–16–99; 8:45 am] Federal programs. of the Interior. BILLING CODE 4310±40±P Application Comments 2. A right-of-way for ditches and Interested parties may submit canals constructed by the authority of DEPARTMENT OF THE INTERIOR comments regarding the specific use the United States. 3. All minerals shall be reserved to proposed in the applications and plan of National Park Service developments, whether the BLM the United States, together with the followed proper administrative right to prospect for, mine, and remove Missouri/Niobrara/Verdigre Creek procedures in reaching the decision, or materials. National Recreational Rivers any other factor not directly related to 4. An easement for streets, roads, and the suitability of the land. utilities in accordance with the AGENCY: National Park Service. Any adverse comments will be transportation plan for Tuolumne ACTION: Availability of final boundary reviewed by the State Director. In the County. map. absence of any adverse comments, the Detailed information concerning this SUMMARY: In accordance with section classification will become effective 60 action is available for review at the 3(b) of the Wild and Scenic Rivers Act days from the date of publication of this office of the Bureau of Land (62 Stat. 906 as amended; 16 U.S.C. notice in the Federal Register. Management, Folsom Field Office, 63 1274), notice is hereby given that the FOR FURTHER INFORMATION CONTACT: Natoma Street, Folsom, California. Upon publication of this notice in the official, detailed boundary maps, Karen Montgomery, BLM Folsom Field drawing number 652–80001, dated July Office, (916) 985–4474. Federal Register, the lands will be segregated from all forms of 12, 1999, for the Missouri/Niobrara/ D.K. Swickard, appropriation under the public land Verdigre Creek National Recreational Field Manager. laws, including the general mining laws, Rivers are completed and available. [FR Doc. 99–21326 Filed 8–16–99; 8:45 am] except for lease or conveyance under FOR FURTHER INFORMATION CONTACT: BILLING CODE 4310±40±U the Recreation and Public Purposes Act Superintendent Niobrara/Missouri and leasing under the mineral leasing National Scenic Riverways, P.O. Box laws. For a period of 45 days from the 591, O’Neill, Nebraska 68763–0591, DEPARTMENT OF THE INTERIOR date of publication of this notice in the telephone 402–336–3970. SUPPLEMENTARY INFORMATION: On May Bureau of Land Management Federal Register, interested persons may submit comments regarding the 24, 1991, the 25-mile segment of the [CA±180±99±1430±01: CA 40276] proposed lease/conveyance or Niobrara River from the western classification of the lands to the Field boundary of Knox County to its Realty Action, Recreation and Public Manager, Folsom Field Office, 63 confluence with the Missouri River, Purposes (R&PP) Act Classification; Natoma Street, Folsom, CA 95630. including that segment of the Verdigre Tuolumne County, CA Creek from the north municipal Classification Comments AGENCY: Bureau of Land Management, boundary of Verdigre, Nebraska, to its Interior. Interested parties may submit confluence with the Niobrara, along ACTION: Notice of realty action— comments involving the suitability of with the 39-mile segment of the Recreation and Public Purposes (R&PP) the lands. Comments on the Missouri River from the headwaters of Act Classification; Tuolumne County, classification are restricted to whether Lewis and Clark Lake to the Ft. Randall California. the land is physically suited for the Dam, all were designated recreational proposal, whether the use will rivers by Public Law 102–50, an SUMMARY: The following public lands in maximize the future use or uses of the amendment to the Wild and Scenic Tuolumne County, California have been land, whether the use is consistent with Rivers Act. In accordance with section examined and found suitable for the local planning and zoning, or if the 3(c) of the Wild and Scenic Rivers Act

VerDate 18-JUN-99 10:31 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\A17AU3.131 pfrm01 PsN: 17AUN1 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Notices 44747 notice is hereby given that the above determination to the Secretary of electronic, mechanical, or other said maps are now available for Commerce on September 1, 1999.) technological collection techniques or inspection at the following eight 6. Outstanding action jackets: other forms of information technology, locations: The Department of the (1) Document No. EC–99–012: e.g., permitting electronic submission of Interior, National Park Service, Land Approval of final report in Inv. No. responses. Resources Division, 1849 C Street NW, 332–403 (Assessment of the Overview of this information Room 2444, Washington, DC 20240; Economic Effects on the United collection: States of China’s Accession to the Midwest Regional Office, Land (1) Type of Information Collection: WTO). Resources Division, 1709 Jackson Street, New information collection. Omaha, Nebraska 68102; Niobrara/ In accordance with Commission Missouri National Scenic Riverways policy, subject matter listed above, not (2) Title of the Form/Collection: Study Headquarters, 114 North 6th Street, disposed of at the scheduled meeting, of Employment Eligibility. O’Neill, Nebraska 68763–0591; Gregory may be carried over to the agenda of the (3) Agency form number, if any, and County Court House, County Clerk’s following meeting. the applicable component of the Department of Justice sponsoring the Office, 221 East 8th Street, Burke, South By order of the Commission. collection: No Agency Form Number Dakota; Charles Mix County Court Issued: August 12, 1999. House, County Clerk’s Office, 400 Main (File No. OMB–21). Office of Policy and Donna R. Koehnke, Street East, Lake Andes, South Dakota; Planning, Immigration and Bon Homme County Court House, Secretary. Naturalization Service. County Auditor’s Office, 300 West 18th [FR Doc. 99–21435 Filed 8–13–99; 2:26 pm] (4) Affected public who will be asked Street, Tyndall, South Dakota; Boyd BILLING CODE 7020±02±U or required to respond, as well as a brief County Court House, County Clerk’s abstract: Primary: Business or other for- Office, 117 Thayer Street, Butte, profit. The surveys will be used to Nebraska; Knox County Court House, DEPARTMENT OF JUSTICE collect data that will be analyzed to County Clerk’s Office, Court House determine the effectiveness of the pilots Square, Center, Nebraska. Maps are also Immigration and Naturalization Service to deter the hiring of aliens who are not available in five public libraries as Agency Information Collection legally authorized to work. follows: Lynch, Niobrara, and Verdigre, Activities: Proposed Collection; (5) An estimate of the total number of Nebraska; Gregory and Wagner, South Comment Request respondents and the amount of time Dakota. Please address any questions or estimated for an average respondent to requests to Superintendent at the ACTION: Notice of information collection respond: 3,327 respondents with 7,158 address given above. under review; study of employment responses. Dated: August 6, 1999. eligibility. (6) An estimate of the total public Catherine Damon, The Department of Justice, burden (in hours) associated with the Acting Regional Director, Midwest Region. Immigration and Naturalization Service collection: 5,323 annual burden hours. [FR Doc. 99–21221 Filed 8–16–99; 8:45 am] (INS) has submitted the following If you have additional comments, BILLING CODE 4310±70±P information collection request for suggestions, or need a copy of the review and clearance in accordance proposed information collection with the Paperwork Reduction Act of instrument with instructions, or INTERNATIONAL TRADE 1995. The proposed information additional information, please contact COMMISSION collection is published to obtain Richard A. Sloan 202–514–3291, comments from the public and affected Director, Policy Directives and Sunshine Act Meeting agencies. Comments are encouraged and Instructions Branch, Immigration and will be accepted for ‘‘sixty-days’’ until Naturalization Service, U.S. Department AGENCY HOLDING THE MEETING: United October 18, 1999. of Justice, Room 5307, 425 I Street, NW., States International Trade Commission. Written comments and suggestions Washington, DC 20536. Additionally, TIME AND DATE: August 23, 1999 at 10:00 from the public and affected agencies comments and/or suggestions regarding a.m. concerning the proposed collection of the item(s) contained in this notice, PLACE: Room 101, 500 E Street S.W., information should address one or more especially regarding the estimated Washington, DC 20436, Telephone: of the following four points: public burden and associated response (202) 205–2000. (1) Evaluate whether the proposed time may also be directed to Mr. STATUS: Open to the public. collection of information is necessary Richard A. Sloan. MATTERS TO BE CONSIDERED: for the proper performance of the If additional information is required 1. Agenda for future meeting: none functions of the agency, including contact: Mr. Robert B. Briggs, Clearance 2. Minutes whether the information will have Officer, United States Department of 3. Ratification List practical utility; Justice, Information Management and 4. Inv. Nos. 701–TA–401 and 731–TA– (2) Evaluate the accuracy of the Security Staff, Justice Management 852–855 (Preliminary) (Certain agency’s estimate of the burden of the Division, Suite 850, Washington Center, Structural Steel Beams from proposed collection of information, 1001 G Street, NW, Washington, DC Germany, Japan, Korea, and including the validity of the 20530. Spain)—briefing and vote. (The methodology and assumptions used; Commission will transmit its (3) Enhance the quality, utility, and Dated: August 11, 1999. determination to the Secretary of clarity of the information to be Richard A. Sloan, Commerce on August 23, 1999.) collected; and Department Clearance Officer, United States 5. Inv. No. 731–TA–282 (Review) (4) Minimize the burden of the Department of Justice, Immigration and (Petroleum Wax Candles from collection of information on those who Naturalization Service. China)—briefing and vote. (The are to respond, including through the [FR Doc 99–21335 Filed 8–16–99; 8:45 am] Commission will transmit its use of appropriate automated, BILLING CODE 4410±10±M

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DEPARTMENT OF JUSTICE used to determine whether an alien who the Federal Register on August 25, 1998 intends to be absent from the United at 63 FR 45262, allowing for a 60-day Immigration and Naturalization Service States for a period of one year or more public comment period. No public is eligible to preserve residence for comment was received by the INS on Agency Information Collection naturalization purposes. this proposed information collection. Activities: Proposed Collection; (5) An estimate of the total number of The purpose of this notice is to allow Comment Request respondents and the amount of time an additional 30 days for public ACTION: Notice of information collection estimated for an average respondent to comments. Comments are encouraged under review: application to preserve respond: 300 responses at 15 minutes and will be accepted until September residence for naturalization. (.25 hours) per response. 16, 1999. This process is conducted in (6) An estimate of the total public accordance with 5 CFR 1320.10. The Department of Justice, burden (in hours) associated with the Written comments and/or suggestions Immigration and Naturalization Service collection: 75 annual burden hours. regarding the items contained in this (INS) has submitted the following If you have additional comments, notice, especially regarding the information collection request for suggestions, or need a copy of the estimated public burden and associated review and clearance in accordance proposed information collection response time, should be directed to the with the Paperwork Reduction Act of instrument with instructions, or Office of Management and Budget, 1995. The proposed information additional information, please contact Office of Information and Regulatory collection is published to obtain Richard A. Sloan 202–514–3291, Affairs, Attention: Stuart Shapiro, comments from the public and affected Director, Policy Directives and Department of Justice Desk Officer, agencies. Comments are encouraged and Instructions Branch, Immigration and Room 10235, Washington, DC 20530; will be accepted for ‘‘sixty-days’’ until Naturalization Service, U.S. Department 202–395–7316. October 18, 1999. of Justice, Room 5307, 425 I Street, NW., Written comments and suggestions Written comments and suggestions Washington, DC 20536. Additionally, from the public and affected agencies from the public and affected agencies comments and/or suggestions regarding concerning the proposed collection of concerning the proposed collection of the item(s) contained in this notice, information should address one or more information should address one or more especially regarding the estimated of the following four points: of the following four points: public burden and associated response (1) Evaluate whether the proposed (1) Evaluate whether the proposed time may also be directed to Mr. collection of information is necessary collection of information is necessary Richard A. Sloan. for the proper performance of the for the proper performance of the If additional information is required functions of the agency, including functions of the agency, including contact: Mr. Robert B. Briggs, Clearance whether the information will have whether the information will have Officer, United States Department of practical utility; practical utility; Justice, Information Management and (2) Evaluate the accuracy of the (2) Evaluate the accuracy of the Security Staff, Justice Management agency’s estimate of the burden of the agency’s estimate of the burden of the Division, Suite 850, Washington Center, proposed collection of information, proposed collection of information, 1001 G Street, NW, Washington, DC including the validity of the including the validity of the 20530. methodology and assumptions used; methodology and assumptions used; (3) Enhance the quality, utility, and (3) Enhance the quality, utility, and Dated: August 11, 1999. clarity of the information to be clarity of the information to be Richard A. Sloan, collected; and collected; and Department Clearance Officer, United States (4) Minimize the burden of the Department of Justice, Immigration and (4) Minimize the burden of the collection of information on those who Naturalization Service. collection of information on those who are to respond, including through the [FR Doc. 99–21336 Filed 8–16–99; 8:45 am] are to respond, including through the use of appropriate automated, use of appropriate automated, BILLING CODE 4410±10±M electronic, mechanical, or other electronic, mechanical, or other forms of technological collection techniques or information technology, e.g., permitting other forms of information technology, DEPARTMENT OF JUSTICE electronic submission of responses. e.g., permitting electronic submission of Overview of this information Immigration and Naturalization Service responses. collection: Overview of this information (1) Type of Information Collection: Agency Information Collection Reinstatement without change of a collection: Activities: Proposed Collection; (1) Type of Information Collection: previously approved collection. Comment Request Extension of a currently approved (2) Title of the Form/Collection: collection. ACTION: Notice of information collection Election Form to Participate in an (2) Title of the Form/Collection: under review: election form to Employment Eligibility Confirmation Application to Preserve Residence for participate in an employment eligibility Pilot Program. Naturalization. confirmation pilot program. (3) Agency form number, if any, and (3) Agency form number, if any, and the applicable component of the the applicable component of the The Department of Justice, Department of Justice sponsoring the Department of Justice sponsoring the Immigration and Naturalization Service collection: Form I–876. SAVE Program, collection: Form N–470. Adjudications (INS) has submitted the following Immigration and Naturalization Service. Division, Immigration and information collection request to the (4) Affected public who will be asked Naturalization Service. Office of Management and Budget or required to respond, as well as a brief (4) Affected public who will be asked (OMB) for review and clearance in abstract: Primary: Businesses or other or required to respond, as well as a brief accordance with the Paperwork for-profit. The information gathered abstract: Primary: Individuals or Reduction Act of 1995. The information from employers will assist the INS in Households. The information will be collection was previously published in allocating resources and priorities in

VerDate 18-JUN-99 10:31 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\A17AU3.182 pfrm01 PsN: 17AUN1 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Notices 44749 conducting the three pilot programs information collection listed below. (4) Affected public who will be asked mandated by Pub. L. 104–208. This proposed information collection or required to respond, as well as a brief (5) An estimate of the total number of was previously published in the Federal abstract: respondents and the amount of time Register on June 15, 1999, allowing for Primary: State and Local estimated for an average respondent to a 60-day public comment period. governmental instrumentalities. respond: 200,000 responses at 1.5 hours The purpose of this notice is to allow Other: For Profit Institutions. per response. an additional 30 days for public 28 CFR 301 et seq. authorizes the (6) An estimate of the total public comment until September 16, 1999. Department of Justice to collect burden (in hours) associated with the This process is conducted in accordance information from State or local units of collection: 300,000 annual burden with 5 CFR 1320.10. government, agencies of State and local hours. Written comments and/or suggestions governments, and private entities, If you have additional comments, regarding the item(s) contained in this institutions or organizations to which suggestions, or need a copy of the notice especially regarding the financial assistance is extended proposed information collection estimated public burden and associated regarding their employment practices. instrument with instructions, or response time, should be directed to the (5) An estimate of the total number of additional information, please contact Office of Management and Budget, respondents and the amount of time Richard A. Sloan 202–514–3291, Office of Information and Regulatory estimated for an average respondent to Director, Policy Directives and Affairs, Attention: Department of Justice respond/reply: It is estimated that 1,500 Instructions Branch, Immigration and Desk Officer, Washington, DC 20530. respondents receiving a grant of Naturalization Service, U.S. Department Additionally, comments may be $500,000 or more will complete a 1- of Justice, Room 5307, 425 I Street, NW, submitted to OMB via facsimile to (202) hour Equal Employment Opportunity Washington, DC 20536. Additionally, 395–7285. Comments may also be Plan Short Form and submit it to the comments and/or suggestions regarding submitted to the Department of Justice Office of Justice Programs. In addition, the item(s) contained in this notice, (DOJ), Justice Management Division, an estimated 10,000 of respondents especially regarding the estimated Information Management and Security seeking grants ranging from $25,000 up public burden and associated response Staff, Attention: Department Deputy to $500,000 will be required to complete time may also be directed to Mr. Clearance Officer, Suite 1220, 1331 the 1⁄4 hour certification stating that they Richard A. Sloan. Pennsylvania Avenue, NW., are maintaining a current Equal If additional information is required Washington, DC 20530. Employment Opportunity Plan on file contact: Mr. Robert B. Briggs, Clearance Written comments and suggestions and submit the certification to the Office Officer, United States Department of from the public and affected agencies of Justice Programs. Justice, Information Management and concerning the proposed collection of (6) An estimate of the total public Security Staff, Justice Management information should address one or more burden (in hours) associated with the Division, Suite 850, Washington Center, of the following four points: collection: The total hour burden to 1001 G Street, NW, Washington, DC (1) Evaluate whether the proposed complete the Equal Employment 20530. collection of information is necessary Opportunity Plan Short Form is 24,000 for the proper performance of the hours. The total hour burden to Dated: August 11, 1999. function of the agency, including complete the EEOP certification is Richard A. Sloan, whether the information will have 40,000. The annual burden hours is Department Clearance Officer, United States practical utility; 64,000. Department of Justice, Immigration and (2) Evaluate the accuracy of the If additional information is required Naturalization Service. agency’s estimate of the burden of the contact: Mrs. Brenda E. Dyer, Deputy [FR Doc. 99–21337 Filed 8–16–99; 8:45 am] proposed collection of information, Clearance Officer, United States BILLING CODE 4410±10±M including the validity of the Department of Justice, Information methodology and assumptions used; Management and Security Staff, Justice (3) Enhance the quality, utility, and Management Division, Suite 1220, DEPARTMENT OF JUSTICE clarity of the information to be National Place, 1331 Pennsylvania collected; and Avenue, NW., Washington, DC 20530. Office of Justice Programs (4) Minimize the burden of the Dated: August 10, 1999. collection of information on those who Agency Information Collection Brenda E. Dyer, Activities: Proposed collection; are to respond, including through the use of appropriate automated, Department Deputy Clearance Officer, Comment Request Department of Justice. electronic, mechanical, or other [FR Doc. 99–21241 Filed 8–16–99; 8:45 am] ACTION: Notice of information collection technological collection techniques or under review; new collection other forms of information technology, BILLING CODE 4410±18±M (reinstatement, with change, of a e.g., permitting electronic submission of previously approved collection for responses. DEPARTMENT OF JUSTICE which approval has expired); Equal Overview of this information: Employment Opportunity Plan (1) Type of information collection: Office of Justice Programs Certification and Short Form. Reinstatement, with change, of a previously approved collection for Agency Information Collection The Department of Justice, Office of which approval has expired. Activities: Proposed Collection; Justice Programs, Office for Civil Rights, (2) The title of the form/collection: Comment Request has submitted the following information Equal Employment Opportunity Plan collection request for review and Certification and Short Form. AGENCY: Office of Justice Programs, clearance in accordance with the (3) The agency form number, if any, Justice. Paperwork Reduction Act of 1995. and the applicable component of the ACTION: Notice of information collection Office of Management and Budget Department sponsoring the collection: under review; reinstatement, with approval is being sought for the N/A. change, of a previously approved

VerDate 18-JUN-99 16:08 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\17AUN1.XXX pfrm03 PsN: 17AUN1 44750 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Notices collection for which approval has Programs, United States Department of Dated: August 11, 1999. expired. Census of State and Federal Justice. Brenda E. Dyer, Adult Correctional Facilities, Form CJ– (4) Affected public who will be asked Department Deputy Clearance Officer, United 43. or required to respond, as well as a brief States Department of Justice. [FR Doc. 99–21250 Filed 8–16–99; 8:45 am] The Department of Justice, Office of abstract: Primary: Federal, State, and BILLING CODE 4410±18±M Justice Programs, Bureau of Justice District prison authorities. The Census Statistics, has submitted the following of State and Federal Adult Correctional information collection request for Facilities is conducted every five to six DEPARTMENT OF JUSTICE review and clearance in accordance years, obtaining information on each with the Paperwork Reduction Act of type of facility designed to house adults Office of Justice Programs 1995. This proposed information sentenced to confinement by a State, collection is published to obtain District, or Federal court. These National Institute of Justice comments from the public and affected facilities include prisons, penitentiaries, Office of Research and Evaluation; agencies. Comments are encouraged and and correctional institutions; boot Agency Information Collection will be accepted for ‘‘sixty 60 day’’ camps; prison farms; reception, Activities: Extension of a Previously until: October 18, 1999. Request written diagnostic, and classification centers; Approved Collection for Which comments and suggestions from the road camps; forestry and conservation Approval Has Expired; Comment public and affected agencies concerning camps; youthful offender facilities Requested the proposed collection of information. (except in California); vocational Your comments should address one or training facilities; prison hospitals; drug ACTION: Notice of information collection more of the following four points: and alcohol treatment facilities; and under review; Reinstatement, without (1) Evaluate whether the proposed State operated local detention facilities. change, of a previously approved collection of information is necessary Questions included in the Census will collection for which approval has for the proper performance of the cover facility characteristics such as expired. functions of the agency, including security level, use of space, capacity, whether the information will have planned changes, court orders or Crime Mapping Survey practical utility; consent decrees, average daily The Department of Justice, National (2) Evaluate the accuracy of the population, internal units, staffing, Institute of Justice, has submitted the agencies estimate of the burden of the assaults, mental and health issues, and following information collection request proposed collection of information, to the Office of Management and Budget including the validity of the programs. The Census will also include questions on inmate demographics, (OMB) for review and clearance in methodology and assumptions used; accordance with emergency review (3) Enhance the quality, utility, and offense characteristics, deaths, and custody levels. The census also procedures of the Paperwork Reduction clarity of the information to be Act of 1995. OMB approval has been collected; and furnishes the sampling frame for the Survey of Inmates in State Correctional requested by August 20, 1999. The (4) Minimize the burden of the proposed information collection is Facilities, the Survey of Inmates in collection of information on those who published to obtain comments from the Federal Correctional Facilities, and are to respond, including through the public and affected agencies. If granted, other facility-based sample surveys. The use of appropriate automated, the emergency approval is only valid for electronic, mechanical, or other Omnibus Crime Control and Safe Street 180 days. Comments should be directed technological collection techniques or Act of 1968, as amended (42 U.S.C. to OMB, Office of Information and other forms of information technology, 3732) authorizes the Bureau of Justice Regulatory Affairs, Attention: e.g., permitting electronic submission of Statistics, Office of Justice Programs, Department of Justice Desk Officer, responses. U.S. Department of Justice to collect this Washington, DC 20530. If you have additional comments, information. During the first 60 days of this same suggestions, or need a copy of the (5) An estimate of the total number of review period, a regular review of this proposed information collection respondents and the amount of time information collection is also being instrument with instructions, or estimated for an average respondent to undertaken. All comments and additional information, please contact respond: It is estimated that 1,750 suggestions, or questions regarding Darrell K. Gilliard, U.S. Department of respondents will complete a 2-hour additional information, to include Justice, Office of Justice Programs, census form. obtaining a copy of the proposed Bureau of Justice Statistics, 810 7th information collection instrument with Street, NW, Washington, DC 20530. (6) An estimate of the total public instructions, should be directed to Overview of this information burden (in hours) associated with the Office of Research and Evaluation, collection: collection: The total number of burden National Institute of Justice, 810 7th (1) Type of Information Collection: hours to complete the Census of State Street, NW, Washington, DC 20531, or Reinstatement, with change, of a and Federal Adult Correctional via facsimile (202) 616–0275, Attention: previously approved collection for Facilities is 3,500 hours. La Vigne. which approval has expired. If additional information is required Request written comments and (2) Title of the Form/Collection: contact: Mrs. Brenda E. Dyer, Deputy suggestions from the public and affected Census of State and Federal Adult Clearance Officer, United States agencies concerning the proposed Correctional Facilities. Department of Justice, Information collection of information. Your (3) Agency form number, if any, and Management and Security Staff, Justice comments should address one or more the applicable component of the Management Division, Suite 1220, of the following four points: Department of Justice sponsoring the Washington Center, 1331 Pennsylvania (1) Evaluate whether the proposed collection: Forms CJ–43, Bureau of Avenue, NW, Washington, DC 20530. collection of information is necessary Justice Statistics, Office of Justice for the proper performance of the

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Because of the need to cover a including the validity of the wide variety of subjects in a short methodology and assumptions used; period of time, there is usually (3) Enhance the quality, utility, and DEPARTMENT OF LABOR insufficient time on the agenda for clarity of the information to be members of the public to address the collected; and Occupational Safety and Health committee orally. However, any such (4) Minimize the burden of the Administration requests will be considered by the Chair collection of information on those who who will determine whether or not time are to respond, including through the National Advisory Committee on permits. Any request to make an oral use of appropriate automated, Occupational Safety and Health; Notice presentation should state the amount of electronic, mechanical, or other of Meeting time desired, the capacity in which the technological collection techniques or person would appear, and a brief other forms of information technology, Notice is hereby given of the date and outline of the content of the e.g., permitting electronic submission of location of the next meeting of the presentation. Individuals with responses. National Advisory Committee on disabilities who need special Overview of this information: Occupational Safety and Health accommodations should contact (1) Type of Information Collection: (NACOSH), established under section Theresa Berry (phone: 202–693–1999; Reinstatement, without change, of a 7(a) of the Occupational Safety and FAX: 202–693–1634) one week before previously approved collection for Health Act of 1970 (29 U.S.C. 656) to the meeting. which approval has expired. advise the Secretary of Labor and the An official record of the meeting will (2) Title of the Form/Collection: Crime Secretary of Health and Human Services be available for public inspection in the Mapping Survey. on matters relating to the administration OSHA Technical Data Center (TDC) (3) Agency form number, if any, and of the Act. NACOSH will hold a meeting located in Room N2625 of the the applicable component of the on September 21 and 22, 1999, in Room Department of Labor Building (202– Department sponsoring the collection: N 3437 A–D of the Department of Labor 693–2350). For additional information Form: none. Office of Research and Building located at 200 Constitution contact: Joanne Goodell, Occupational Evaluation, National Institutes of Avenue NW, Washington, D.C. The Safety and Health Administration Justice, Office of Justice Programs, meeting is open to the public and will (OSHA); Room N–3641, 200 United States Department of Justice. begin at 1:00 p.m. lasting until Constitution Avenue NW, Washington, (4) Affected public who will be as or approximately 5:00 p.m. the first day, DC, 20210 (phone: 202–693–2400; FAX: required to respond, as well as a brief September 21. On September 22, the 202–693–1641; e-mail abstract: Primary: Law enforcement meeting will begin at 9:00 a.m. and last [email protected]; or at Agencies. Other: None. This national until approximately 4:00 p.m. www.osha.gov). survey is designed to determine the During its November 1998 meeting, extent to which police departments, NACOSH decided that one of its areas Signed at Washington, DC, this 11th day of August, 1999. specifically crime analysts, are using of activity over the next two years Charles N. Jeffress, computerized crime mapping. Surveys would be to study OSHA’S standards will be mailed to randomly select development process. The Committee Assistant Secretary of Labor for Occupational Safety and Health. sample of police departments. The plans to continue this study at its questionnaire will determine the level September meeting by studying the role [FR Doc. 99–21291 Filed 8–16–99; 8:45 am] of crime mapping within departments, of professional associations and BILLING CODE 4510±26±M both in terms of hardware and software consensus standards setting resources, as well as the types of maps organizations in the standards that are produced and how they are development process. NACOSH has INTERNATIONAL BOUNDARY AND used. The information collection from invited five consensus standards setting WATER COMMISSION, UNITED this survey will be used to advise the organizations and five professional STATES AND MEXICO activities of the Crime Mapping associations related to occupational United States Section; Notice of Intent Research Center. safety and health to participate in panel To Prepare an Environmental Impact (5) An estimate of the total number of discussions on OASHA’s standards Statement for the Rio Grande respondents and the amount of time development process. Members of the Canalization Project, Sierra and DonÄ a estimated for an average respondent to public are invited to submit written Ana Counties, New Mexico and El Paso respond/reply: 2,798 respondents for an comments. average of 33 minutes per response. Other agenda items will include: an County, TX (6) An estimate of the total public overview of current activities of the AGENCY: United States Section, burden (in hours) associated with the Occupational Safety and Health International Boundary and Water collection: 652 burden hours. Administration (OSHA) and the Commission, United States and Mexico. If additional information is required National Institute for Occupational ACTION: Notice of Intent To Prepare an contact: Ms. Brenda E. Dyer, Deputy, Safety and Health (NIOSH), a discussion Environmental Impact Statement (EIS). Clearance Office, United States of NIOSH surveillance activities and a Department of Justice, Information discussion of OSHA training, in SUMMARY: This notice advises the public Management and Security Staff Justice addition to workgroup reports. that pursuant to section 102(2) (c) of the Management Division, Suite 850, Written data, views or comments for National Environmental Policy Act of Washington Center, 1001 G Street NW, consideration by the committee may be 1969, as amended, the United States Washington, DC 20530. submitted, preferably with 20 copies, to Section, International Boundary and

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Water Commission (USIBWC) proposes concluded May 21, 1906, to provide for Officer and the Texas State Historic to gather information necessary to the equitable division of the waters of Preservation Officer. Other federal and analyze and evaluate the impacts of a the Rio Grande for use in the two state agencies, as required, will also be River Management Plan by the USIBWC countries. The project included consulted to ensure compliance with on the existing Rio Grande Canalization acquisition of right of way for the river federal and state laws and regulations. Project in Sierra and Don˜ a Ana counties, channel and adjoining floodways and The USIBWC has invited several New Mexico and El Paso County, Texas improvement of the alignment and agencies including the United States and prepare an EIS to document those efficiency of the river channel to convey Bureau of Reclamation and United effects. This notice is being provided as deliveries to Mexico, as well as States Fish and Wildlife Service to required by the Council on conveyance of deliveries to the United participate as cooperating agencies Environmental Quality Regulations (40 States Bureau of Reclamation Rio pursuant to 40 CFR 1501.6, to the extent CFR 1501.7) and the USIBWC’s Grande Project in the El Paso valley of possible. Other agencies may be invited Operational Procedures for Texas. The Canalization Project also to become cooperators as they are Implementing Section 102 of the controls floods in the river reach which identified during the scoping process. National Environmental Policy Act of extends through the Rincon and Mesilla The environmental review of this 1969, published in the Federal Register valleys of New Mexico. Proposed project will be conducted in accordance September 2, 1981 (46 FR 44083–44094) construction activities that will be with the requirements of NEPA, CEQ to obtain suggestions and information studied in this EIS include but may not Regulations (40 CFR Parts 1500—1508), from other agencies and the public on be limited to raising and strengthening other appropriate federal regulations, the scope of issues to be addressed in existing levees, channel improvements and the USIBWC procedures for the EIS. Public meetings will be held to such as widening or armoring with compliance with those regulations. obtain community input to ensure all riprap, and installation of grade control Copies of the EIS will be transmitted to concerns are identified and addressed in structures. In addition, the EIS will federal and state agencies and other the EIS. study the environmental effects of a interested parties for comments and will DATES: The USIBWC will conduct two long-range maintenance plan that will be filed with the Environmental public scoping meetings from 6:00 to be developed. Protection Agency in accordance with 8:00 p.m. MST on Tuesday, October 5, 2. Alternatives 40 CFR Parts 1500–1508 and USIBWC 1999 at the Las Cruces Hilton, 705 procedures. South Telshor Boulevard, Las Cruces, The USIBWC as lead agency proposes The USIBWC anticipates the Draft EIS New Mexico, and on Wednesday, to collect information necessary for the will be made available to the public by October 6, 1999 at the EL Paso Airport preparation of an EIS; to analyze flood March 2001. protection measures and alternatives to Hilton, 2027 Airways Boulevard, El Dated: August 10, 1999. Paso, Texas. Full public participation by current management, including watershed-oriented and non-structural William A. Wilcox, Jr., interested federal, state, and local alternatives and collaborative measures Legal Advisor. agencies as well as other interested with other agencies and landowners; to [FR Doc. 99–21390 Filed 8–16–99; 8:45 am] organizations and the general public is determine to what extent project encouraged during the scoping process BILLING CODE 4710±03±M management can support restoration of which will end 60 days from the date of native riparian and aquatic habitats, as this notice. Public comments on the well as the restoration of natural fluvial scope of the EIS, reasonable alternatives NATIONAL SCIENCE FOUNDATION processes such as channel meanders that should be considered, anticipated and overbank flooding. The EIS will Permit Applications Received Under environmental problems, and actions consider a range of alternatives, the Antarctic Conservation Act of 1978 that might be taken to address them are including the no action alternative, (P.L. 95±541) requested. based on issues and concerns associated FOR FURTHER INFORMATION CONTACT: with the project. AGENCY: National Science Foundation. Comments will be accepted for 60 days The EIS will identify, describe, and ACTION: Notice of permit applications following the date of this notice by Mr. evaluate the existing environmental, received under the Antarctic Douglas Echlin, Environmental cultural, sociological and economical, Conservation Act of 1978, P.L. 95–541. Protection Specialist, Environmental and recreational resources; explain the Management Division, USIBWC, 4171 flood protection project; and evaluate SUMMARY: The National Science North Mesa Street, C–310, EL Paso, the impacts associated with the Foundation (NSF) is required to publish Texas 79902. Telephone: 915/832–4741, alternatives under consideration. notice of permit applications received to Facsimile: 915/832–4167. E-mail: Significant issues which have been conduct activities regulated under the [email protected]. identified to be addressed in the EIS Antarctic Conservation Act of 1978. SUPPLEMENTARY INFORMATION: . include but are not limited to impacts NSF has published regulations under to water resources, water quality, the Antarctic Conservation Act at Title 1. Proposed Action cultural and biological resources, 45 Part 670 of the Code of Federal The Rio Grande Canalization Project threatened and endangered species, and Regulations. This is the required notice (Canalization Project) extends for about recreation. of permit applications received. 106 miles along the Rio Grande from Coordination with the United States DATES: Interested parties are invited to Percha Diversion Dam, located Fish and Wildlife Service will ensure submit written data, comments, or downstream from Caballo Dam in Sierra compliance with the Fish and Wildlife views with respect to these permit County, New Mexico, to the vicinity of Coordination Act and section 7 of the applications by September 13, 1999. American Diversion Dam in El Paso Endangered Species Act of 1973, as Permit applications may be inspected by County, Texas. The Canalization Project amended. Cultural resources interested parties at the Permit Office, was constructed between 1938 and 1943 reconnaissance for the project area will address below. in compliance with the convention be coordinated with both the New ADDRESSES: Comments should be between the United States and Mexico Mexico State Historic Preservation addressed to Permit Office, Room 755,

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Office of Polar Programs, National ASPA 124—Cape Crozier, Ross Island; (0.5 cm by o.5 cm) from the rear flipper Science Foundation, 4201 Wilson ASPA 125—Fildes Peninsula, King of several seal species. Modern Boulevard, Arlington, Virginia 22230. George Island; ASPA 128—Western molecular genetic methods will be used FOR FURTHER INFORMATION CONTACT: shore of Admiralty Bay, King George to analyze the DNA extracted from the Nadene G. Kennedy at the above Island; ASPA 129—Rothera Point, tissue samples. The project is part of a address or (703) 306–1030. Adelaide Island; ASPA 132—Potter large international program studying Peninsula, King George Island; ASPA SUPPLEMENTARY INFORMATION: The Antarctic Pack Ice Seals (APIS). This 139—Biscoe Point, Anvers Island; and National Science Foundation, as particular project is to address the ASPA 151—Lions Rump, King George directed by the Antarctica Conservation genetic patterns among the four species Island. Act of 1978 (Public Law 95–541), has of Antarctic pack ice seals (Weddell, The applicant also wishes to salvage Leopard, Ross and Crabeater seals). The developed regulations that implement and import into the U.S. whole remains the ‘‘Agreed Measures for the project is investigating the patterns of of native Antarctic birds, or partial heterozygosity among the four species Conservation of Antarctic Fauna and specimens, that are found on beaches or Flora’’ for all United States citizens. The and relating these patterns to their at the colonies. The specimens will be overall life history characteristics. The Agreed Measures, developed by the shipped to the University of North Antarctic Treaty Consultative Parties, work will contribute to the Carolina, Wilmington, for identification understanding of the evolutionary recommended establishment of a permit and analysis. All specimens will remain system for various activities in history of pack ice species with respect at the University or other appropriate to the origin of ecological separation. Antarctica and designation of certain universities or museums for permanent animals and certain geographic areas Samples collected by other investigators storage. will contribute to a continent-wide requiring special protection. The Results of the research will provide regulations establish such a permit assessment of the degree of genetic information on the former distribution variation with populations of Antarctic system to designate Specially Protected of penguins in Antarctica. These data Areas and Sites of Special Scientific phocids. will be compared to the paleoclimatic In addition, the applicant wishes to Interest. record to investigate patterns in salvage any seal skulls that are found. The applications received are as population fluctuations of penguins in These samples will be cleaned and follows: relation to climate change in the past. analyzed for age and placed on 1. Applicant: Steven D. Emslie, This information, in addition to data on permanent loan to the National Marine Department of Biological Sciences, modern population changes with global Mammal Lab or the University of University of North Carolina, warming, will test hypotheses on how Minnesota Bell Museum of Natural Wilmington, NC 28403 penguins respond to climate change and History and will be used for educational [Permit Application No. 2000–001] will help develop predictive model for purposes. future responses by these species to Activity for Which Permit Is Requested continued global warming. Location Pack ice areas in the Ross Sea and Take, Enter Antarctic Specially Location Protected Areas and Import Into the Bellingshausen Sea U.S.A. ASPA 106—Cape Hallett, Victoria Land; ASPA 113—Litchfield Island, Arthur Dates The applicant proposes to conduct Harbor; December 12, 1999 to February 15, 2000 surveys and excavations of modern and ASPA 121—Cape Royds, Ross Island 3. Applicant: Paul J. Ponganis, CMBB/ abandoned penguin colonies by ASPA 124—Cape Crozier, Ross Island; Scripps Institute of Oceanography, surveying ice-free areas to locate ASPA 125—Fildes Peninsula, King University of California, San Diego, La evidence of a breeding colony (pebble George Island; Jolla, CA 92093–0204 and/or bone sconcentrations, and rich ASPA 128—Western shore of Admiralty vegetation). The sites will be sampled Bay, King George Island; [Permit Application No. 2000–004] by placing a test pit, no more than 1x1 ASPA 129—Rothera Point, Adelaide Activity for Which Permit Is Requested meter in size, in the colony and Island; excavating in 5–10 cm level until ASPA 132—Potter Peninsula, King Taking and Import Into the U.S. bedrock or non-ornithogenic sediments George Island; The applicant proposes to capture up are encountered. To minimize impacts, ASPA 139—Biscoe Point, Anvers Island; to 60 Emperor adults and equip them test pits will be placed in areas with and with various depth recorders, little or no vegetation when possible. ASPA 151—Lions Rump, King George physiological recorders, or a video Upon completion of the excavation, test Island. camera unit. These instruments will pits will be refilled and any vegetation Dates measure temperature change and disturbed on the surface will be January 1, 2000 to December 31, 2005 mechanisms of heat loss during diving. replaced. Collected sediments will be The video camera research will 2. Applicant: Donald B. Siniff, taken to the laboratory for processing. document the frequency and techniques Department of Ecology, Evolution and Sediments will be washed through fine- of prey capture, and relate feeding Behavior, 100 Ecology Building, mesh screens; all organic remains will events to temperature change. University of Minnesota, St. Paul, be sorted from the sediments and The applicant also proposes to Minnesota 55108 preserved for identification and capture up to 40 Emperor chicks to analysis. [Permit Application No. 2000–003] biopsy muscle samples. This will allow The applicant proposes to enter the Activity for Which Permit Is Requested examination of myoglobin mRNA following Antarctic Specially Protected content in relation to myoglobin Areas to conduct surveys: ASPA 106— Taking, Export from the U.S. and Import concentration in both adults and Cape Hallett, Victoria Land; ASPA into the U.S. developing chicks. The chicks will be 113—Litchfield Island, Arthur Harbor; The applicant proposes to tag and biopsied over several months to sample ASPA 121—Cape Royds, Ross Island; collect epidermal and adipose tissue different age groups. In addition, a

VerDate 18-JUN-99 10:31 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\A17AU3.097 pfrm01 PsN: 17AUN1 44754 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Notices group of approximately 15 Emperor biology of the Adelie, Gentoo, and at nearby colonies in subsequent years chicks will be transported to McMurdo Chinstrap penguins and the interactions would test this theory. and maintained there for about a month among these species and their principal Approximately, 15 adult Adelies per in order to obtain samples in older avian pedators: skuas, gulls, sheathbills, year at Royds, Bird and Crozier, and 7 (post-fledge) chicks. All birds will be and giant petrels. The applicant at Beaufort Island will be fitted with released back into the wild at the end proposes to band 1000 Adelie and radio transmitters to be worn for 2–3 of the study. Gentoo penguin chicks, plus adults of weeks during January and then The applicant also wishes to salvage all three penguin species, as needed (not removed. The radio transmitters will up to 10 Emperor carcasses per year and greater than 150 per species), to fulfill provide information on the penguins transport them back to the U.S. for research goals. In addition, bands will foraging area offshore. Additionally, 25 anatomical studies at Scripps Institute be applied to adults and chicks of the adult Adelies at Cape Bird and Cape of Oceanography. avian predator species as necessary. The Crozier and 15 adults at Cape Royds Location applicant will continue a study of the will be fitted with time-depth-recorders penguins’ foraging habits which (TDRs). The TDR’s will record McMurdo Sound sea ice, Cape involves the application of radio- Washington and McMurdo Station swimming depth, frequency of dives transmitters (Txs), satellite tags (PTTs), and number of dives per foraging trip. Dates and time-depth recorders (TDRs) to a PIT tags (Passively Interrogated maximum of 50 adult penguins per Transponder) will also be fitted to 10– September 1, 1999 to February 28, 2002 species. The study of foraging habits 4. Applicant: Michael A. Castellini, Institute 20 adults each year at Capes Bird, Royds also involves the stomach pumping of a and Crozier. The goal is to have 70 of Marine Science, University of Alaska, maximumn of 40 adult penguins per Fairbanks, Alaska 99775 tagged birds at each colony each year; species. Finally the applicant will [Permit Application No. 2000–005] thus, new birds given the tags each year collect one (1) milliliter blood samples replace only those that did not reappear Activity for which Permit is Requested from a maximum of 20 breeding adults one year to the next. of each penguins species for use in DNA Taking and Import into the United analysis. To obtain an index on chick States condition, between 30–50 chicks will be Location The applicant is a participant in a measured and weighed weekly for a multi-institutional program to study Admiralty Bay (ASPA #128 King George month at Capes Royds, Bird and Crozier. Antarctic Pack Ice Seals (APIS). As a Island, South Shetland Islands Only 30 chicks will be weighed and measured at the Beaufort Island colony component of this project, the applicant Dates proposes to capture up to 200 Weddell, on one of two trips to the site during the Crabeater and Leopard seals each, and October 1, 1999 to April 2000 season. The applicant proposes to up to 10 each of Ross, Fur and Elephant 6. Applicant: David Ainley, H.T. Harvey conduct studies of the foraging energetic seals. Blood and biopsy samples of & Associates, P.O. Box 1180, Alviso, of Adelie Penguins on Ross Island. This blubber will be collected. The blood and CA 95002 involves the capturing of up to 25 birds biopsy samples, along with a suite of [Permit Application No. 2000–007] each at Cape Crozier and Cape Bird and morphometric analyses, will be possibly Cape Royds. The birds will be Activity for Which Permit Is Requested collected from all seals to assess a suite weighed, a 3 cc blood sample drawn of bio-indicators of health. Data will be Taking and Enter Antarctic Specially and then injected with 0.6 cc’s of taken along with other program Protected Areas double-labeled water. The birds will be components which will provide medical held for 3 hours to allow the injected The applicant is conducting research examinations of each seal, acoustic and water to equilibrate, then a second to attempt to explain why penguin behavioral studies, oceanographic, ice blood sample will be drawn. The doubly populations have been increasing in the and weather observation and capture of labeled water studies will provide Ross Sea, by intensive studies at prey items. The combined results will information on the energetics of colonies on Ross Island. This work will provide the most detailed model of the foraging, and specifically, if longer be incorporated into the long-term study link between ice seals and their foraging trips are more energy of populations dynamics mentioned in environment. demanding than shorter ones for the Royds management plan. The penguins at Cape Bird or Cape Royds. Location applicant proposes to enter Cape Crozier (ASP #124) and Cape Bird for purposes Samples collected in the field will be Sea Ice areas of the Ross and Amunden returned to the U.S. for complete Seas of banding up to 1,000 chicks at each site. Furthermore the applicant proposes analysis. Dates to band up to 400 chicks each at Cape Location # December 15, 1999 to April 1, 2001 Royds (ASPA 121) and Beaufort Island (ASPA #105). Approximately 150 adults # 5. Applicant: Wayne Z. Trivelpiece, P.O. Cape Crozier (ASPA 124), Cape Royds will be banded at these four sites. The # Box 271, Antarctic Ecosytsem (ASPA 121) and Cape Bird, Ross banding of chicks at Beaufort Island is Research, Southwest Fisheries Island, and Beaufort Island (ASPA necessary to test the theory that the Science Center, La Jolla, CA 92038 105), Ross Sea. Adelie Penguin Colony at Beaufort [Permit Application No. 2000–006] could be a ‘‘source’’ colony for Dates Activity for Which Permit is Requested emigrants that eventually breed at other December 1, 1999 to February 15, 2002 Ross Island colonies. It is believed Take and Enter Antarctic Specially Beaufort is a source colony because 7. Applicant: W. Berry Lyons, Protected Area. there is very little availability of Department of Geology, University of The applicant is continuing a study of additional nesting sites. Banding a Alabama, Box 870338, Tuscaloosa, AL the behavioral ecology and population sample of chicks and looking for them 35487–0338

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[Permit Application No. 2000–008] in conjunction with NASA and their exposure, hematology, serum Activity for Which Permit Is Requested new thrust in astrobiology and biochemistry, disease exposure, extremophiles. The commercial genetics, nutritional status, and Enter Antarctic Specially Protected Area packaging consists of strips of 3-quarter reproductive endocinology. Ocular, The applicant proposes to enter ounce packages. The yeast will remain nasal, vaginal, and rectal Antarctic Specially Protected Area in the commercial packaging, in plastic microbiological samples will be (ASPA #131), Canada Glacier, Lake bags, in a container while in Antarctica. collected. Ectoparasites will be collected Fryxell, Taylor Valley, for purposes of The containerized yeast will be exposed when encountered. Urine will be conducting studies under the Long- to the extreme climate of the South Pole collected opportunistically. Skin Term Ecological Research (LTER) during the summer and winter months. scrapings and cultures will be made Program. The applicant proposes to Middle and elementary school students when lesions are observed and to enter the site to conduct maintenance will be able to follow the deployment of provide normal control samples. Hair, on the previously installed continuously the yeast, and the weather conditions at skin and blubber samples will also be recording stream gage station that the Pole via a web site. The web site collected. All collections of samples provides one of the longest records of will have many facets such as a question will be coordinated directly with other discharge in the Taylor Valley. In and answer section, a travel log of the components of the multidisciplinary addition, the applicant proposes to deployment, weather conditions, digital research program to prevent duplicate collect water quality samples of the images of the trip and the yeast takings and to maximize use of collected meltwater coming off the Canada container as the season progresses. The materials. Glacier and along the length of the goal of the project is to motivate The applicant plans to import stream to study in-stream students to try hands-on experiments to collected samples into the United States biogeochemical processes. Samples of learn more about Antarctica and the for further scientific study. In addition, the microbial mats may also be collected scientific research conducted there. the applicant wishes to export samples once per summer field season. After a year, the yeast container will be from the U.S. and share them with The applicant also proposes to enter shipped back to the States where the investigators collaborating in other the Antarctic Specially Protected Area yeast packages will be distributed countries. to study the site’s unique soil content. nationally to schoolchildren. The The Canada stream has occasional algal students will conduct experiments to Location look for changes in the yeast’s metabolic blooms, and the system is of interest Circumpolar pack ice and sites ashore because of its relatively high primary activity and volume of carbon dioxide production unlike the typical dry valley production, under given conditions, Dates soils. The LTER team plans to collect after being exposed to months of soil samples on a transect starting in the extreme cold temperatures. September 1, 1999 to August 30, 2004 stream channel and working eastward Location 10. Applicant: Ron Naveen, Oceanities, perpendicular to the stream channel. Inc., P.O. Box 15259, Chevy Chase, Amundsen-Scott South Pole Station The Canada Glacier is the most MD 20825 intensively studied glacier in the LTER Dates [Permit Application: 2000–012] study program. One particularly import aspect of the glacier mass balance study October 1, 1999 to January 1, 2002 Activity for Which Permit Is Requested is the calving and melting of ice from 9. Applicant: Brent S. Stewart, Hubbs- Taking; and Enter Antarctic Specially the glacier walls. Therefore, the Sea World Research Institute, 2595 Protected Area applicant requests access to the glacier Ingraham Street, San Diego, CA 92109 wall twice during each field season to [Permit Application: 2000–011] The applicant plans to continue data take measurements. Activity for Which Permit is Requested collection under the Antarctic Site Inventory Project. Various sites will be Location Taking and Import Into the United # regularly surveyed and censused in the Antarctic Specially Protected Area 131: States Antarctic Peninsula/South Shetland Canada Glacier, Lake Fryxell, Taylor The applicant is a participant in a Islands region, with a concentration of Valley, Victoria Land multidisciplinary research program to visits expected at heavily visited tourist Dates study the foraging ecology, sites. The applicant wishes to enter # October 1, 1999 to February 2005 reproduction, demography, disease and Antarctic Specially Protected Area 128, pathology, and population and Western Shore of Admiralty Bay, to 8. Applicant: John E. Carlstrom, Center immunogenetics of Antarctic seals in coordinate the Site Inventory Project for Astrophysical Research in the circumpolar pack ice zone. The with the researchers working within the Antarctica (CARA), Department of applicant proposes to capture, collect site. Astronomy and Astrophysics, samples, and release up to 800 Crabeater University of Chicago, 5640 South Location seals, 400 Leopard and Weddell seals, Ellis Avenue, Chicago, IL 60637 and 75 Ross, Antarctic Fur and Elephant Antarctic Peninsula and South Shetland [Permit Application No. 2000–010] seals. Physical exams will be performed Island sites, and ASPA #128, Western Activity for Which Permit Is Requested to evaluate the musculoskeletal system, Shore of Admiralty Bay, King George cardiovascular system, integument, Island Introduce a non-indigenous species into eyes, ears, nares and oral cavity. Blood Antarctica will be collected from the extradural Dates The applicant plans to ship 200 vein or interdigital vein of phocids and September 1, 1999 to August 31, 2000 pounds of active dry baking yeast from the caudal gluteal vein of otariids. (Saccharomyces cerevisiae) to Approximately 40–60 ml will be 11. Applicant: Norbert Wu, Norbert Wu Amundsen-Scott South Pole Station as collected from each seal for evaluation Productions, 1065 Sinex Avenue, part of an educational outreach project of petroleum hydrocarbon and pollutant Pacific Grove, CA 93950

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[Permit Application: 2000–013] visit many sites during the next two 1992–1994, the NRC staff issued Generic Activity for Which Permit Is Requested Antarctic summer season. He plans to Letter (GL) 92–08, ‘‘Thermo-Lag 330–1 collect 1.0–1.5 ml of whole blood from Fire Barriers,’’ and subsequent requests Enter Antarctic Specially Protected Area live penguins and collect tissue samples for additional information that asked The applicant is a participant in the from penguin carcasses. No more than licensees to submit plans and schedules U.S. Antarctic Program’s Artists and 15 samples will be collected from any for resolving the Thermo-Lag issue. The Writers Program and is continuing work given site. Blood samples will be stored NRC staff has obtained and reviewed on ‘‘A Photographic Survey of Antarctic in a lysis buffer, and tissue samples will corrective plans and schedules from all Marine Species’’ and producing a film be homogenized into a buffer solution to licensees. The staff is concerned that entitled ‘‘Under Antarctic Ice.’’ The stabilize the DNA. Samples will be some licensees may not be making applicant proposes visit and camp at returned to either the University of adequate progress toward resolving the Cape Crozier during two different time Western Australia or to the University of plant-specific issues, and that some periods to ensure filming success. New Mexico for processing. implementation schedules may be either The applicant proposes to conduct In addition, the applicant will work in too tenuous or too protracted. For general photography and filming of collaboration with a research team from example, several licensees informed the Adelie penguins, Emperor penguins, the University of Western Australia who NRC staff that their completion dates Leopard seals, Orcas, and Minke will investigate the diseases of penguins would be delayed between 6 months whales. Some of the work will involve and skuas around Australia’s Davis and 3 years. The NRC staff has met with underwater photography. Visit to the Station. Blood samples and swabs from licensees of plants that have scheduled site will be selected to target Adelie the throat and cloaca of each bird will completion beyond 1997 to discuss the penguin events (nesting, egg tending, be collected. Blood samples will be progress of the licensees’ corrective and hatching), such as population peak spun down to separate the plasma and actions and the extent of licensee in the rookery. The applicant plans to then preserved for later laboratory work. management attention regarding skirt the edges of the Adelie and The Australian research team will completion of Thermo-Lag corrective Emperor rookeries and will not enter secure all necessary permits for this actions. In addition, the NRC staff into the midst of the nesting penguins. project. discussed with licensees the possibility of accelerating their completion The applicant plans to camp near the Location East Colony outside the Specially schedules. Protected Area for easier access to the Antarctic Peninsula and associated At the meeting with GPUN, NRC staff water and ease the encumbrance of islands, South Shetland Islands, reviewed the schedule of Thermo-Lag hauling heavy photography and dive South Orkney Islands, East Antarctica corrective actions described in the eight equipment. and the Ross Sea region GPUN submittals to the NRC dated February 10, and December 5, 1994; July Location Dates 7, 1995; August 16, November 5, and Antarctic Specially Protected Area #124, October 1, 1999 to April 1, 2001 December 31, 1996; and August 19, and Cape Crozier, Ross Island Nadene G. Kennedy, November 23, 1997, to complete Permit Officer, Office of Polar Programs. implementation of Thermo-Lag 330–1 Dates [FR Doc. 99–21204 Filed 8–16–99; 8:45 am] fire barriers corrective actions by December 31, 1999, except for those November 1, 1999 to February 28, 2000 BILLING CODE 7555±01±M 12. Applicant: Gary miller, Biology corrective actions that were the subject Department, University of New of a pending exemption request dated December 31, 1996, and supplemented Mexico, Albuquerque, NM 87131– NUCLEAR REGULATORY 0001 by three letters dated July 31, September COMMISSION 8, and December 30, 1997. On the basis [Permit Application: 2000–014] [Docket No. 50±289] of the information submitted by GPUN Activity for Which Permit Is Requested and presented during the meeting, the GPU Nuclear Inc., et al., (Three Mile NRC staff concluded that the GPUN Taking and Import into the United Island Nuclear Station, Unit 1); schedule was reasonable and issued a States Confirmatory Order Modifying License, Confirmatory Order Modifying License The applicant plans to continue his Effective Immediately on May 22, 1998, with regard to that analysis of the phylogenetic schedule. relationships and population genetics of I Subsequently, the NRC staff denied 2 major genera of penguins. He will GPU Nuclear Inc. (GPUN or the portions of the Licensee’s exemption collect blood and tissues samples from Licensee) is the holder of Facility request of December 31, 1996, and the Magellanic (S. magellanicus), Adelie (P. Operating License No. DRP–50, which Licensee has committed in its letter of adeliae), Chinstrap (P. antarctica), authorizes operation of Three Mile June 2, 1999, to complete additional Gentoo (P. papua), Macaroni (Eudyptes Island Nuclear Station, Unit 1 located in Thermo-Lag corrective actions in areas chrysalophus), and Emperor Dauphin County, Pennsylvania. which were the subject of those parts of (Aptenodytes forsteri) penguins the exemption request that was denied throughout their distribution. The II by June 30, 2000. The staff has Macaroni and Emperor samples are to The staff of the U.S. Nuclear concluded that this schedule is be used as out-groups to help elucidate Regulatory Commission (NRC) has been reasonable. This conclusion is based on the relationships of the other species. concerned that Thermo-Lag 330–1 fire (1) The amount of installed Thermo-Lag, Using a combination of Cytochrome b barrier systems installed by licensees (2) the complexity of the plant-specific and microsatellite markers, he will may not provide the level of fire fire barrier configurations and issues, (3) investigate their genetic variation on a endurance intended and that licensees the need to perform certain plant variety of geographic scales. using Thermo-Lag 330–1 fire barriers modifications during outages as The applicant will travel onboard tour may not be meeting regulatory opposed to those that can be performed ships as a lecturer and will repeatedly requirements. During the time period while the plant is at power, and (4)

VerDate 18-JUN-99 10:31 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\A17AU3.103 pfrm01 PsN: 17AUN1 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Notices 44757 integration with other significant but must be submitted to the Secretary, US NUCLEAR REGULATORY unrelated issues that GPUN is Nuclear Regulatory Commission, COMMISSION addressing at its plant. In order to Attention: Chief, Rulemaking and [Docket No. 50±219] remove compensatory measures such as Adjudications Staff, Washington, DC fire watches, it has been determined that 20555–0001. Copies of the hearing Oyster Creek Nuclear Generating resolution of all Thermo-Lag corrective request must also be sent to the Director, Station; Notice of Consideration of actions by GPUN must be completed by Office of Nuclear Reactor Regulation, Issuance of Amendment to Facility June 30, 2000. By letter dated June 21, US Nuclear Regulatory Commission, Operating License, Proposed No 1999, the NRC staff notified GPUN of its Washington, DC 20555–0001, to the Significant Hazards Consideration plan to incorporate GPUN’s schedule Assistant General Counsel Materials Determination, and Opportunity for a commitment with regard to issues Litigation and Enforcement at the same Hearing which were the subject of the exemption address, to the Regional Administrator, request into a requirement by issuance The U.S. Nuclear Regulatory NRC Region I, US Nuclear Regulatory of an order and requested consent from Commission (the Commission) is the Licensee. By letter dated July 1, Commission, 475 Allendale Road., King considering issuance of an amendment 1999, the Licensee consented to of Prussia, PA 19406–1415, and to the to Facility Operating License No. DPR– issuance of a Confirmatory Order. Licensee, Mr. James W. Langenbach, 16 issued to GPU Nuclear, Inc. and Vice President and Director—TMI–1, Jersey Central Power & Light Company III GPU Nuclear, Inc., P.O. Box 480, (the licensee) for operation of the Oyster The Licensee’s commitment as stated Middletown, PA 17057. If such a person Creek Nuclear Generating Station in its letter of July 1, 1999, is acceptable requests a hearing, that person shall set (OCNGS) located in Ocean County, New and is necessary for the NRC to forth with particularity the manner in Jersey. conclude that public health and safety which his/her interest is adversely The proposed amendment would are reasonably assured. To preclude any affected by this Order and must address modify the OCNGS Technical schedule delay and to assure public criteria set forth in 10 CFR 2.714(d). Specifications to reflect installation of health and safety, the NRC staff has additional spent fuel pool storage racks. If a hearing is requested by a person determined that the Licensee’s The additional new racks will provide whose interest is adversely affected, the commitment in its July 1, 1999, letter be 390 additional spent fuel assembly confirmed by this Order. The Licensee Commission will issue an Order storage locations. has agreed to this action. On this basis, designating the time and place of any Before issuance of the proposed and on the basis of the Licensee’s such hearing. If a hearing is held, the license amendment, the Commission consent, this Order is immediately issue to be considered at such hearing will have made findings required by the effective upon issuance. shall be whether this Confirmatory Atomic Energy Act of 1954, as amended Order should be sustained. (the Act) and the Commission’s IV In the absence of any request for regulations. Accordingly, pursuant to sections hearing, or written approval of an The Commission has made a 103, 161b, 161i, 161o, 182, and 186 of extension of time in which to request a proposed determination that the the Atomic Energy Act of 1954, as hearing, the provisions specified in amendment request involves no amended, and the Commission’s Section IV above shall be final 20 days significant hazards consideration. Under regulations in 10 CFR 2.202 and 10 CFR from the date of this Order without the Commission’s regulations in 10 CFR part 50, it is hereby ordered, effective 50.92, this means that operation of the further Order or proceedings. If an immediately, that: facility in accordance with the proposed extension of time for requesting a GPU Nuclear, Inc., et al. shall amendment would not (1) involve a complete final implementation of hearing has been approved, the significant increase in the probability or Thermo-Lag 330–1 fire barrier corrective provisions specified in Section IV shall consequences of an accident previously actions at Three Mile Island Nuclear be final when the extension expires if a evaluated; or (2) create the possibility of Station, Unit 1, described in the GPU hearing request has not been received. a new or different kind of accident from Nuclear, Inc., submittal to the NRC An answer or a request for hearing shall any accident previously evaluated; or dated June 2, 1999, by June 30, 2000. not stay the immediate effectiveness of (3) involve a significant reduction in a The Director, Office of Nuclear this Order. margin of safety. As required by 10 CFR Reactor Regulation, may relax or Dated at Rockville, Maryland this 11th day 50.91(a), the licensee has provided its rescind, in writing, any provisions of of August 1999. analysis of the issue of no significant this Confirmatory Order upon a showing For the Nuclear Regulatory Commission. hazards consideration, which is by the Licensee of good cause. presented below: William F. Kane, 1. Operation of the facility in accordance V Acting Director, Office of Nuclear Reactor with the proposed amendment would not Any person adversely affected by this Regulation. involve a significant increase in the Confirmatory Order, other than the [FR Doc. 99–21307 Filed 8–16–99; 8:45 am] probability of occurrence or the Licensee, may request a hearing within BILLING CODE 7590±01±P consequences of an accident previously 20 days of its issuance. Where good evaluated. The following previously analyzed cause is shown, consideration will be accident scenarios have been considered as given to extending the time to request a part of the analyses required to support the hearing. A request for extension of time installation of the high density spent fuel must be made in writing to the Director, storage racks: Office of Nuclear Reactor Regulation, (a) Spent Fuel Assembly Drop—The criticality acceptance criteria, Keff [less than US Nuclear Regulatory Commission, or equal to] 0.95, is maintained for postulated Washington, DC 20555–0001, and abnormal occurrences such as a fuel include a statement of good cause for assembly misloading or assembly drop. The the extension. Any request for a hearing radiological consequences of a fuel handling

VerDate 18-JUN-99 10:31 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\A17AU3.164 pfrm01 PsN: 17AUN1 44758 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Notices accident in the spent fuel pool remain well accordance with the guidance of NRC and State comments received. Should within the guidelines of 10 CFR 100 and Position Paper, ‘‘OT Position for Review and the Commission take this action, it will Standard Review Plan 15.7.4. Acceptance of Spent Fuel Storage and publish in the Federal Register a notice (b) Loss of Spent Fuel Pool Cooling System Handling Applications,’’ April 14, 1978, and of issuance and provide for opportunity Flow—The spent fuel pool cooling system Addendum dated January 18, 1979. will continue to provide acceptable cooling Therefore, this change has no affect on the for a hearing after issuance. The of the stored assemblies. Approximately 5 possibility of creating a new or different kind Commission expects that the need to hours is available before reaching the of accident from any accident previously take this action will occur very Technical Specification limit of 125 °F and evaluated. infrequently. approximately 45 hours is available before 3. Operation of the facility in accordance Written comments may be submitted reaching the analyzed peak bulk pool with the proposed amendment would not by mail to the Chief, Rules and temperature. Therefore, sufficient time is involve a significant reduction in a margin of Directives Branch, Division of available to respond to the spent fuel pool safety. Analysis has demonstrated that the Administrative Services, Office of water temperature control room alarm (120 established criticality acceptance criteria, Keff ° [less than or equal to] 0.95 including Administration, U.S. Nuclear Regulatory F) and to provide an alternate means of Commission, Washington, DC 20555– cooling in the event of a failure in the cooling uncertainties, is maintained with the racks system. Therefore, the proposed change has fully loaded with fuel of the highest 0001, and should cite the publication no affect on this accident scenario. anticipated reactivity. Thermal-hydraulic date and page number of this Federal (c) Seismic Event—The new racks are analyses demonstrate that the pool bulk Register notice. Written comments may designed and fabricated to remain functional temperatures are maintained below 125 °F for also be delivered to Room 6D59, Two during and after a Safe Shutdown Earthquake the normal refueling offload and the full-core White Flint North, 11545 Rockville under all loading conditions. Analysis has offload discharge scenarios using the Pike, Rockville, Maryland, from 7:30 demonstrated that no rack-to-wall impacts augmented fuel pool heat exchanger, and that a.m. to 4:15 p.m. Federal workdays. occur. Analyzed potential rack-to-rack the maximum local water temperature along the hottest fuel assembly is below the Copies of written comments received impacts demonstrates the stored fuel maybe examined at the NRC Public configuration remains unaffected. Spent fuel nucleate boiling condition value. The pool structural analysis demonstrates that for maximum bulk pool temperatures for each of Document Room, the Gelman Building, the bonding factored load combinations, the analyzed scenarios confirms that 2120 L Street, NW. , Washington, DC. including the weight of a shipping cask (100 adequate time is available to provide an The filing of requests for hearing and tons), structural integrity is maintained when alternative means of cooling in the event of petitions for leave to intervene is the pool is assumed to be fully loaded with a failure in the cooling system. The rack discussed below. 3,035 spent fuel assemblies. Therefore, the materials used are compatible with the spent By September 16, 1999, the licensee proposed change has no affect on this fuel pool and the spent fuel assemblies. The may file a request for a hearing with accident scenario. structural analyses have demonstrated that respect to issuance of the amendment to the proposed change maintains spent fuel (d) Spent Fuel Cask Drop—Structural the subject facility operating license and analysis of the spent fuel pool demonstrates pool structural integrity and margins of safety. The new racks are designed and any person whose interest may be that the pool structure remains adequate for fabricated to remain functional during and affected by this proceeding and who the loadings associated with normal after a Safe Shutdown Earthquake. Therefore, wishes to participate as a party in the operation and the condition resulting from this change has no affect on the margins of the postulated cask drop accident. proceeding must file a written request safety related to nuclear criticality, thermal Accordingly, the proposed modification for a hearing and a petition for leave to and structural integrity, and material does not increase the probability of intervene. Requests for a hearing and a compatibility. occurrence or the consequences of an petition for leave to intervene shall be accident previously evaluated. The NRC staff has reviewed the filed in accordance with the 2. Operation of the facility in accordance licensee’s analysis and, based on this Commission’s ‘‘Rules of Practice for with the proposed amendment would not review, it appears that the three Domestic Licensing Proceedings’’ in 10 create the possibility of a new or different standards of 10 CFR 50.92(c) are CFR Part 2. Interested persons should kind of accident from any accident satisfied. Therefore, the NRC staff consult a current copy of 10 CFR 2.714 previously evaluated. Administrative proposes to determine that the which is available at the Commission’s controls during rack installation would preclude the movement of a new rack amendment request involves no Public Document Room, the Gelman directly over any fuel. The new racks will be significant hazards consideration. Building, 2120 L Street, NW., lifted using the 100-ton overhead crane The Commission is seeking public Washington, DC, and at the local public which has a sufficient safety factor such that comments on this proposed document room located at the Ocean potential single failure mechanisms need not determination. Any comments received County Library, Reference Department, be considered. The lifting device designed for within 30 days after the date of 101 Washington Street, Toms River, NJ handling and installation of the new racks is publication of this notice will be 08753. If a request for a hearing or in compliance with NUREG–0612. A considered in making any final petition for leave to intervene is filed by postulated rack drop analysis demonstrates determination. the above date, the Commission or an that the pool structure would not sustain Normally, the Commission will not significant damage from the postulated rack Atomic Safety and Licensing Board, drop. The analysis shows that the rack issue the amendment until the designated by the Commission or by the pedestal would pierce the pool liner with expiration of the 30-day notice period. Chairman of the Atomic Safety and localized concrete cracking. Any leakage However, should circumstances change Licensing Board Panel, will rule on the resulting from such localized damage would during the notice period such that request and/or petition; and the be detectable and capability is provided to failure to act in a timely way would Secretary or the designated Atomic make up the loss of inventory to the pool. No result, for example, in derating or Safety and Licensing Board will issue a unproven technology is involved either in shutdown of the facility, the notice of hearing or an appropriate the installation process or in the analytical Commission may issue the license order. techniques utilized to evaluate the planned amendment before the expiration of the As required by 10 CFR 2.714, a fuel storage expansion. The basic technology for fuel pool expansion has been developed 30-day notice period, provided that its petition for leave to intervene shall set and demonstrated in over 80 applications for final determination is that the forth with particularity the interest of fuel pool capacity increases previously amendment involves no significant the petitioner in the proceeding, and approved by NRC. The proposed hazards consideration. The final how that interest may be affected by the modification has been evaluated in determination will consider all public results of the proceeding. The petition

VerDate 18-JUN-99 10:31 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\A17AU3.195 pfrm01 PsN: 17AUN1 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Notices 44759 should specifically explain the reasons determination on the issue of no are to be held on only those issues why intervention should be permitted significant hazards consideration. The found to meet the criteria of section 134 with particular reference to the final determination will serve to decide and set for hearing after oral argument. following factors: (1) The nature of the when the hearing is held. The Commission’s rules petitioner’s right under the Act to be If the final determination is that the implementing section 134 of the NWPA made party to the proceeding; (2) the amendment request involves no are found in 10 CFR Part 2, Subpart K, nature and extent of the petitioner’s significant hazards consideration, the property, financial, or other interest in Commission may issue the amendment ‘‘Hybrid Hearing Procedures for the proceeding; and (3) the possible and make it immediately effective, Expansion of Spent Fuel Storage effect of any order which may be notwithstanding the request for a Capacity at Civilian Nuclear Power entered in the proceeding on the hearing. Any hearing held would take Reactors’’ (published at 50 FR 41662 petitioner’s interest. The petition should place after issuance of the amendment. dated October 15, 1985). Under those also identify the specific aspect(s) of the If the final determination is that the rules, any party to the proceeding may subject matter of the proceeding as to amendment request involves a invoke the hybrid hearing procedures by which petitioner wishes to intervene. significant hazards consideration, any filing with the presiding officer a Any person who has filed a petition for hearing held would take place before written request for oral argument under leave to intervene or who has been the issuance of any amendment. 10 CFR 2.1109. To be timely, the request admitted as a party may amend the A request for a hearing or a petition must be filed within ten (10) days of an petition without requesting leave of the for leave to intervene must be filed with order granting a request for hearing or Board up to 15 days prior to the first the Secretary of the Commission, U.S. petition to intervene. The presiding Nuclear Regulatory Commission, prehearing conference scheduled in the officer must grant a timely request for Washington, DC 20555–0001, Attention: proceeding, but such an amended oral argument. The presiding officer petition must satisfy the specificity Rulemakings and Adjudications Staff, or may be delivered to the Commission’s may grant an untimely request for oral requirements described above. argument only upon a showing of good Not later than 15 days prior to the first Public Document Room, the Gelman cause by the requesting party for the prehearing conference scheduled in the Building, 2120 L Street, NW., proceeding, a petitioner shall file a Washington, DC, by the above date. A failure to file on time and after supplement to the petition to intervene copy of the petition should also be sent providing the other parties an which must include a list of the to the Office of the General Counsel, opportunity to respond to the untimely contentions which are sought to be U.S. Nuclear Regulatory Commission, request. If the presiding officer grants a litigated in the matter. Each contention Washington, DC 20555–0001, and to request for oral argument, any hearing must consist of a specific statement of Ernest L. Blake, Jr., Esquire, Shaw, held on the application must be the issue of law or fact to be raised or Pittman, Potts & Trowbridge, 2300 N conducted in accordance with the controverted. In addition, the petitioner Street, NW., Washington, DC 20037, hybrid hearing procedures. In essence, shall provide a brief explanation of the attorney for the licensee. those procedures limit the time bases of the contention and a concise Nontimely filings of petitions for available for discovery and require that statement of the alleged facts or expert leave to intervene, amended petitions, an oral argument be held to determine opinion which support the contention supplemental petitions and/or requests whether any contentions must be and on which the petitioner intends to for hearing will not be entertained resolved in an adjudicatory hearing. If rely in proving the contention at the absent a determination by the no party to the proceeding timely hearing. The petitioner must also Commission, the presiding officer or the requests oral argument, and if all presiding Atomic Safety and Licensing provide references to those specific untimely requests for oral argument are Board that the petition and/or request sources and documents of which the denied, then the usual procedures in 10 should be granted based upon a petitioner is aware and on which the CFR Part 2, Subpart G apply. petitioner intends to rely to establish balancing of the factors specified in 10 those facts or expert opinion. Petitioner CFR 2.714(a)(1)(i)–(v) and 2.714(d). For further details with respect to this must provide sufficient information to The Commission hereby provides action, see the application for show that a genuine dispute exists with notice that this is a proceeding on an amendment dated June 18, 1999, which the applicant on a material issue of law application for a license amendment is available for public inspection at the or fact. Contentions shall be limited to falling within the scope of section 134 Commission’s Public Document Room, matters within the scope of the of the Nuclear Waste Policy Act of 1982 the Gelman Building, 2120 L Street, amendment under consideration. The (NWPA), 42 U.S.C. 10154. Under NW., Washington, DC, and at the local contention must be one which, if section 134 of the NWPA, the public document room located at the proven, would entitle the petitioner to Commission, at the request of any party Ocean County Library, Reference relief. A petitioner who fails to file such to the proceeding, must use hybrid Department, 101 Washington Street, a supplement which satisfies these hearing procedures with respect to ‘‘any Toms River, NJ 08753. requirements with respect to at least one matter which the Commission contention will not be permitted to determines to be in controversy among Dated at Rockville, Maryland, this 11th day participate as a party. the parties.’’ of August 1999. Those permitted to intervene become The hybrid procedures in section 134 For the Nuclear Regulatory Commission. parties to the proceeding, subject to any provide for oral argument on matters in Timothy G. Colburn, limitations in the order granting leave to controversy, preceded by discovery Sr. Project Manager, Section 1, Project intervene, and have the opportunity to under the Commission’s rules and the Directorate I, Division of Licensing Project participate fully in the conduct of the designation, following argument, of only Management, Office of Nuclear Reactor hearing, including the opportunity to those factual issues that involve a Regulation. present evidence and cross-examine genuine and substantial dispute, [FR Doc. 99–21308 Filed 8–16–99; 8:45 am] together with any remaining questions witnesses. BILLING CODE 7590±01±P If a hearing is requested, the of law, to be resolved in an adjudicatory Commission will make a final hearing. Actual adjudicatory hearings

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NUCLEAR REGULATORY added for a document describing how the product for evaluation according to COMMISSION the Address Matching System (AMS) part or all of the proposed procedures. CD-ROM will be integrated in an IBIP Full or partial compliance with the Advisory Committee on Reactor Open System product. A requirement procedures will be determined by the Safeguards, Subcommittee Meeting on was added to the comprehensive test Postal Service prior to resubmission by Planning and Procedures; Notice of plan to include a test of the physical the Provider. Meeting security of the Provider’s site and The proposed submission procedures firewall where applicable, and of the The ACRS Subcommittee meeting on will be referenced in 39 CFR Parts 501 processes for administrative access and Planning and Procedures scheduled to and 502 but will be published as a configuration control. Requirements start at 1:00 p.m. on Tuesday, August separate document as Metering were also added with respect to the 31, 1999, has been changed to start at Technology Management, Postage responsibilities of the laboratories 9:00 a.m. Notice of this meeting was Evidencing Product Submission testing products with cryptographic Procedures. published in the Federal Register on modules. Tuesday, August 10, 1999 (64 FR 1. Product Submission Procedures DATES: 43410). All other items pertaining to Comments must be received on In submitting any postage evidencing this meeting remain the same as or before October 18, 1999. product for Postal Service evaluation, previously published. ADDRESSES: Written comments should the proposed Provider must provide For further information contact:, Dr. be mailed or delivered to the Manager, detailed documentation and comply John T. Larkins, cognizant ACRS staff Metering Technology Management, with requirements in the following person (telephone: 301/415–7360) Room 8430, 475 L’Enfant Plaza SW, areas: between 7:30 a.m. and 4:15 p.m. (EDT). Washington DC 20260–2444. Copies of all written comments will be available • Letter of Intent Dated: August 11, 1999. at the above address for inspection and • Nondisclosure Agreements Richard P. Savio, photocopying between 9 a.m. and 4 p.m. • Concept of Operations (CONOPS) Associate Director for Technical Support, Monday through Friday. • Software and Documentation ACRS/ACNW. FOR FURTHER INFORMATION CONTACT: Requirements [FR Doc. 99–21305 Filed 8–16–99; 8:45 am] Nicholas S. Stankosky, (202) 268–5311. • Provider Infrastructure Plan BILLING CODE 7590±01±P • SUPPLEMENTARY INFORMATION: With the USPS Address Matching System expansion of postage application (AMS) CD–ROM Integration methods and technologies, it is essential • Product Submission/Testing POSTAL SERVICE that product submission procedures for • Provider Infrastructure Testing all postage evidencing products be • Field Test (Beta) Approval (Limited Postage Evidencing Product clearly stated and defined. The Postal Distribution) Submission Procedures Service evaluation process can be • Provider/Product Approval (Full AGENCY: Postal Service. effective and efficient if these Distribution) ACTION: Proposed Procedure. procedures are followed explicitly by all The Provider shall indicate the suppliers. In this way, secure and specific requirement(s) addressed by SUMMARY: The Federal Register, dated convenient technology will be made each document submitted in September 2, 1998, provided proposed available to the mailing public with compliance with these Postage product submission procedures for all minimal delay and with the complete Evidencing Product Submission postage evidencing products, including assurance that all Postal Service Procedures. The Postal Service requests those in the Information Based Indicia technical, quality, and security that the documentation includes a Program (IBIP). In response to the requirements have been met. These matrix showing where each specific solicitation of public comments, only procedures apply to all proposed requirement is addressed. one submission was received. The postage evidencing products and Documentation shall be in English and comments in this submission were systems, whether the Provider is new or formatted for standard letter size (8.5′′ × considered in making the changes is currently authorized by the Postal 11′′) paper, except for engineering incorporated in the current version. The Service. drawings, which shall be folded to the current proposed procedures revise, 39, Code of Federal Regulations (CFR) required size. Where appropriate, clarify, and expand the earlier proposed Section 501.9, Security Testing, documentation shall be marked as procedures to include a new section on currently states, ‘‘the Postal Service ‘‘Confidential.’’ The steps in the Postage approval of product changes and a new reserves the right to require or conduct Evidencing Product Submission section addressing intellectual property additional examination and testing at Procedures must be completed in issues. The proposed procedures now any time, without cause, of any meter sequential order, except as detailed indicate where steps in the product submitted to the Postal Service for below. submission process can be concurrent approval or approved by the Postal rather than sequential and discuss the Service for manufacture and 1.1. Letter of Intent Postal Service response. Providers are distribution.’’ For products meeting the The Provider must submit a Letter of asked to update documentation to performance criteria for postage Intent to the Manager, Metering reflect the ‘‘as approved’’ product prior evidencing under the Information Based Technology Management, United States to final approval. The current proposed Indicia Program (IBIP), including PC Postal Service, 475 L’Enfant Plaza SW, procedures address all postage Postage products, the equivalent section Room 8430, Washington DC 20260– evidencing products, including, but not is 39 CFR Section 502.10, Security 2444. limited to, traditional meter products Testing, published as a proposed rule in A. The Letter of Intent must include: and IBI products. However, changes the Federal Register, September 2, 1998. (1) Date of correspondence. clarify which requirements apply only When the Postal Service elects to retest (2) Name and address of all parties to IBIP products and not to traditional a previously approved product, the involved in the proposal. In addition to meter products. A requirement was Provider will be required to resubmit the Provider, the parties listed shall

VerDate 18-JUN-99 10:31 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\A17AU3.166 pfrm01 PsN: 17AUN1 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Notices 44761 include those responsible for assembly, one electronic copy on a PC-formatted (ii) Postal Service detailed transaction distribution, management of the 3.5′′ floppy disk. Additionally, the reporting product/device,1 hardware/firmware/ Provider must also submit a detailed (d) Periodic summaries software development, testing, and process model supporting each (i) Monthly reconciliation other organizations involved (or CONOPS section. (ii) Other reporting, as required by the expected to be involved) with the Note: The Postal Service will not be Postal Service product, including suppliers of obligated to provide consulting guidance on (5) Interfaces significant product components. any current Postal Service policy, procedure, (a) Communications and message (3) Name and phone number of performance criteria, or specification beyond interfaces with Postal Service official point of contact for each publicly available publications. infrastructure, including but not company identified. B. At a minimum, the CONOPS limited to: (4) Provider’s business qualifications should cover the following areas: (i) PVDs (i.e., proof of financial viability, (ii) Refunds (1) System Overview certifications and representations, proof (iii) Inspections (a) Concept overview/business model of ability to be responsive and (iv) Product audits (b) Concept of production/ responsible). (v) Lost or stolen product procedures maintenance administration (5) Product/device concept narrative. (b) Communications and message (c) For Information Based Indicia (IBI) (6) Provider infrastructure concept interfaces with applicable Postal PC Postage products, the system narrative. Service financial functions, (7) Narrative that identifies the design overview, including: (i) Postal Security Device (PSD) including but not limited to: internal resources knowledgeable of implementation (stand-alone, LAN, (i) Postage settings, including those current Postal Service policies, WAN, hybrid) done remotely procedures, performance criteria, and (ii) Features (ii) Daily account reconciliation technical specifications to be used to (iii) Components, including the digital (iii) Refunds develop security, audit, and control signature algorithm (c) Communication and message features of the proposed product. (d) Product lifecycle overview interfaces with Customer Infrastructure, (8) The target Postal Service market (e) Adherence to industry standards, including but not limited to: segment the proposed product is such as Federal Information (i) Cryptographic key management envisioned to serve. Processing Standard (FIPS) 140–1, (ii) Product audits (device and host B. The Provider must submit with the as required by the Postal Service system) Letter of Intent a proposed product (2) For proposed IBI PC Postage (iii) Inspections development plan of actions and products, the system design details, (d) Message error detection and milestones (POA&M) with a start date including: handling coinciding with the date of the Letter of (a) PSD features and functions (6) Technical Support and Customer Intent. Reasonable progress must be (b) Host system features and functions Service shown against these stated milestones. (c) Other components required for (a) User training and support C. The Manager, Metering Technology normal use conditions (b) Software Configuration Management, will acknowledge in (3) Product Lifecycle Management (CM) and update writing the receipt of the Provider’s (a) Manufacturer procedures Letter of Intent and will designate a (b) Postal Service certification of (c) Hardware/firmware CM and Postal Service point-of-contact. Upon product/device update procedures receipt of this acknowledgment, the (c) Production (7) Other Provider may continue with the (d) Distribution (a) Change control procedures sequential requirements of the product (e) Product/device licensing and (b) Postal rate change procedures submission process. registration (c) Address Management System 1.2. Nondisclosure Agreements (f) Initialization ZIP+4 CD–ROM updates, if (g) Product authorization and applicable These agreements are intended to installation (d) Physical security ensure confidentiality and fairness in (h) Postage Value Download (PVD) (e) Personnel/site security business. The Postal Service is not process C. Supplementary requirements, obligated to provide product submission (i) Product and support system audits CONOPS. status to any parties not identified in the (j) Inspections (1) The CONOPS must be Letter of Intent. After obtaining signed (k) Product withdrawal/replacement accompanied by substantiated market nondisclosure agreements, the Provider (i) Overall process analysis supporting the target Postal may continue with the sequential (ii) Product failure/malfunction Service market segment the proposed requirements of the product submission procedures product is envisioned to serve, as process. (l) Scrapped product process identified in the Letter of Intent. 1.3. Concept of Operations (4) Finance Overview (2) The CONOPS must include a list and a detailed explanation of any A. The Provider must submit a (a) Customer account management proposed deviations from Postal Service Concept of Operations (CONOPS) that (i) Payment methods performance criteria or specifications. discusses at a moderate level of detail (ii) Statement of account Any proposed deviation to audit and the features and usage conditions for the (iii) Refund control functions required by current proposed product. The Provider should (b) Individual product finance Postal Service policy, procedure, submit 10 serialized hard copies and account management (i) PVD performance criteria, or specification 1 When speaking generically about processes, etc., (ii) Refund must be accompanied by an the term ‘‘product’’ is used. However, the term (c) Daily account reconciliation independent assessment by a nationally ‘‘product’’ includes ‘‘product/device.’’ (i) Provider reconciliation recognized, independent, certified

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It will then be incumbent on the a timely manner. of the aforementioned documentation Provider to resubmit revised plans that (2) For each submission, the Postal based on the CONOPS review. The address the identified deficiencies. Service will appoint a Product Review Postal Service will notify the Provider of (4) The Provider may continue with Control Officer. All communications the required number of copies. The the product submission process upon between the Provider and the Postal required number of copies are to be receipt of authorization to proceed from Service are to be coordinated through uniquely numbered for control the Postal Service. the Product Review Control Officer. purposes. 1.5. Provider Infrastructure Plan (3) The Postal Service will D. The Provider must submit a acknowledge, in writing, receipt of the comprehensive test plan that will A. The Provider Infrastructure Plan CONOPS and perform an initial review. validate that the product meets all may be submitted concurrently with the The Postal Service will provide the Postal Service requirements and, where design and test plans described in Provider with a written summary of the appropriate, the requirements of FIPS paragraph 1.4, Software and CONOPS review. In the written review, 140–1. With respect to the Provider’s Documentation Requirements. At this the Postal Service will provide internet server, the test plan shall point in the product submission authorization to continue with the indicate how the Provider will test to process, the Postal Service will provide product submission process, or a listing ensure the physical security of the additional performance criteria and of CONOPS requirements that are not Provider’s server and administrative site specifications for the IBIP public key met. and the firewall, and to ensure the infrastructure, if required for the (4) If, in the sole opinion of the Postal security of the processes for remote product/device, for use as a basis for the Service, it is determined that significant administrative access and configuration applicable elements of the Provider’s CONOPS deficiencies do exist, the control. With respect to the process for Infrastructure Plan. Postal Service, at the discretion of the initializing customer accounts, the test B. The Provider must submit a Manager, Metering Technology plan shall describe the tests for ensuring Provider Infrastructure Plan that Management, may return the CONOPS secure distribution or transmission of describes how the processes and to the Provider without further review. software and cryptographic keys. The procedures described in the CONOPS It will then be incumbent on the test plan must list the parameters to be will be met or enforced. This includes, Provider to resubmit a corrected tested, test equipment, procedures, test but is not limited to, a detailed CONOPS. sample sizes, and test data formats. description of all Provider-related and (5) The Provider may continue with Also, the plan must include detailed Postal Service-related operations, the product submission process upon descriptions, specifications, design computer systems, and interfaces with receipt of authorization to proceed from drawings, schematic diagrams, and both customers and the Postal Service the Postal Service. explanations of the purposes for all that the Provider shall use in special test equipment and nonstandard manufacturing, producing, distribution, 1.4. Software and Documentation or noncommercial instrumentation. customer support, product/device Requirements Finally, this test plan must include a lifecycle, inventory control, print A. The Provider must submit to the proposed schedule of major test readability quality assurance, and Postal Service five copies of executable milestones. reporting. code and one copy of full and source E. The Provider must submit a C. Postal Service Response code for all software included in the benchmark assessment plan. Postal product. Service Engineering will provide (1) The Postal Service will respond in B. The Provider must submit a reference standards, performance a timely manner. detailed design document of the criteria, specifications, etc., to be used (2) The Postal Service will product. For IBI products, this shall as a basis for the Provider to produce acknowledge in writing the receipt of include the proposed IBIP indicia this plan. the Provider’s Infrastructure Plan and design, which must be approved by the F. Postal Service Response: will perform an initial review. The Manager, Metering Technology (1) The Postal Service will provide its Postal Service will provide the Provider Management. response in a timely manner. with a written summary of the C. Additionally, depending on the (2) The Postal Service will Infrastructure Plan review. In the product, the Postal Service requires acknowledge, in writing, receipt of the written review, the Postal Service will design documentation that includes, but Provider’s design and test plans and provide authorization to continue with is not limited to, the following: will perform an initial review. The the product submission process, or a (1) Operations manuals for product Postal Service will furnish the Provider listing of the Infrastructure Plan usage with a written summary of the design requirements that are not met, and (2) Interface description documents for plan and test plan reviews. In the perhaps other deficiencies. all proposed communications written review, the Postal Service will (3) If, in the sole opinion of the Postal interfaces provide authorization to continue with Service, it is determined that significant (3) Maintenance manuals the product submission process, or will Provider Infrastructure Plan deficiencies (4) Schematics provide a listing of design plan do exist, the Postal Service, at the (5) Product initialization procedures requirements or test plan requirements discretion of the Manager, Metering (6) Finite state machine models/ that are not met, and perhaps other Technology Management, may return diagrams deficiencies. the Infrastructure Plan to the Provider (7) Block diagrams (3) If, in the sole opinion of the Postal without further review. It will then be (8) Security features descriptions Service, it is determined that significant incumbent on the Provider to resubmit

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USPS Address Matching System completion of the FIPS 140–1 to the Postal Service for approval or (AMS) CD–ROM Integration certification, or equivalent, the Postal approved by the Postal Service for Service requires the following to be manufacture and distribution. A. The USPS AMS CD–ROM is a forwarded directly from the accredited G. Upon satisfactory completion of required component of IBIP open laboratory to the Manager, Metering the Postal Service testing and NVLAP systems. For such systems, the Provider Technology Management for review: laboratory testing (where required), the shall initiate an agreement with the (1) A copy of all information given to Postal Service will provide USPS National Customer Support the laboratory by the Provider, authorization to continue the product Center (NCSC). This signed agreement including a summary of all information submission process. The Provider may shall describe responsibilities of the transmitted orally. continue with the product submission AMS CD–ROM supply chain processes, (2) A copy of all instructions from the process upon receipt of authorization to including roles of the Provider. The Provider with respect to what is or is proceed from the Postal Service. only functionality of the AMS CD–ROM not to be tested for. 1.8. Product Infrastructure Testing available through an IBIP system shall (3) A copy of the letter of be address matching and ZIP+4 coding recommendation for the product as A. Prior to approval for distribution of of input addresses. submitted by the laboratory to the any product/device, the Provider must B. The Provider shall submit a National Institute of Standards and achieve test and approval of all detailed description of how the USPS Technology (NIST) of the United States reporting requirements, including, but AMS CD–ROM will be integrated in the of America. not limited to, Postal Service/customer product, including a description of the (4) Copies of all proprietary and licensing support, product status process by which an address is ZIP+4 nonproprietary reports and activity reporting, total product coded, including all possible optional recommendations generated during the population inventory, irregularity and required parameters. The Provider test process. reporting, lost and stolen reporting, can submit this information concurrent (5) A copy of the certificate, if any, financial transaction reporting, account with submission of the Software and issued by NIST for the product. reconciliation, digital certificate Documentation Requirements and/or (6) Written full disclosure identifying acquisition, product initialization, Provider Infrastructure Plan described any contribution of the NVLAP cryptographic key changes, rate table above. changes, print quality assurance, device C. Any CONOPS or products laboratory to the design, development, or ongoing maintenance of the product/ authorization, device audit, product proposed for which the Provider audit, and remote inspections. requests a variance to the AMS CD– device. C. If the product is submitted to an B. Testing of these activities and ROM requirements must be approved by functions includes computer-based the Manager, Metering Technology accredited test laboratory to meet the requirements of paragraph B, above, the testing of all interfaces with the Postal Management, prior to proceeding with Service, including but not limited to the the next step in the submission process. laboratory must meet all the requirements specified by NIST in the following: 1.7. Product Submission/Testing Implementation Guidance for FIPS PUB (1) Product manufacture and lifecycle A. The product/device Provider must 140–1 and the Cryptographic Module (including leased, unleased, new be prepared to submit up to five Validation Program; NIST document product/device stock, installation, complete production systems of each 150–17, Cryptographic Module Testing; withdrawal, replacement, key product/device for which Postal Service and other documents issued by NIST to management, lost, stolen, and evaluation is requested. The required govern the conduct of accredited irregularity reporting) number of submitted systems will be laboratories. (2) Product distribution and determined by the Postal Service. The D. All products submitted to an initialization (including product Provider must provide any equipment accredited laboratory for testing under authorization, product initialization, required in order to use the submitted paragraph B above shall be retained by customer authorization, and product product/device in the manner the laboratory for three years from date maintenance) contemplated by the CONOPS. of product approval by the Postal (3) Licensing (including license Thorough Provider testing of the Service. application, license update, and product prior to submission of the E. The Provider may submit the license revocation) product to the Postal Service will avoid product to the Postal Service for test and (4) Finance (including cash unnecessary delays in the review and evaluation prior to completion of any management, individual product evaluation process. If, in the opinion of required FIPS 140–1 testing, provided a financial accounting, refund the Postal Service, it is determined that letter is submitted from the NVLAP management, daily summary reports, significant product deficiencies exist, laboratory to the Postal Service daily transaction reporting, and the Postal Service, at the discretion of indicating: monthly summary reports) the Manager, Metering Technology (1) That the product is being tested (5) Audits and inspections, including Management, may return the product to under FIPS 140–1 for the required site audits the Provider without further review. security levels, in accordance with the C. The Provider must complete a The Provider would have the option to current, relevant performance criteria. ‘‘Product-Provider Infrastructure- resubmit a corrected product. (2) That the product has a reasonable Financial Institution-USPS B. If the product contains a chance of meeting the FIPS 140–1/USPS Infrastructure’’ (Alpha) test involving all cryptographic module, the Provider security levels. entities in the proposed architecture. At

VerDate 18-JUN-99 10:31 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\A17AU3.110 pfrm01 PsN: 17AUN1 44764 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Notices a minimum this includes the proposed B. The Provider has a duty to report 2. Change Control Procedure product, Provider Infrastructure, security weaknesses to the Postal 2.1. Overview financial institution and Postal Service Service to ensure that each product/ Infrastructure systems and interfaces. device model and every product/device A. After approval is granted to Alpha testing is intended to in service protects the Postal Service manufacture and distribute a product/ demonstrate the proposed product against loss of revenue at all times. Beta device, no change affecting the basic utility, and its functionality and participants must agree to a features or safeguards of a product/ compatibility with other systems. Alpha nondisclosure confidentiality agreement device may be made except as testing may be conducted in a laboratory when reporting product security, audit, authorized or ordered by the Postal environment. and control issues, deficiencies, or Service in writing from the Manager, D. Provider Infrastructure Testing failures to the Provider and the Postal Metering Technology Management. The (Alpha) test note: The Postal Service Service. A grant of Field Test Approval submission of a change proposal and the reserves the right to require or conduct (FTA) does not constitute an irrevocable subsequent test and acceptance of a additional examination and testing at determination that the Postal Service is product change are designed to ensure any time, without cause, of any Provider satisfied with the revenue-protection not only that the changed product meets Infrastructure system supporting a capabilities of the product/device. After all requirements and performance postage evidencing product/device approval is granted to manufacture and criteria but also that the stated changes approved by the Postal Service for distribute a product/device, no change made to a product do not introduce any manufacture and distribution. Initial affecting the basic features or safeguards unintended, unidentified, unexpected, Provider Infrastructure testing and of a product/device may be made except or undesirable changes to the form, fit, (Alpha) testing schedules will be as authorized or ordered by the Postal function, or security of the product. supported at the convenience of the Service in writing from the Manager, B. Once a postage evidencing Postal Service. Metering Technology Management. product/device has received final E. Demonstrable evidence of C. The Provider may continue with approval from the Postal Service, the successful completion for each test is the product submission process upon Provider is required to submit any required prior to proceeding. receipt of authorization to proceed from change(s) to that product for Postal F. The Provider may continue with the Postal Service. Service approval. Changes covered by the product submission process upon this process include, but are not limited receipt of authorization to proceed from 1.10. Provider/Product Approval (Full to, the following: Distribution) the Postal Service. (1) Changes to the form, fit, function, or 1.9. Field Test (Beta) Approval (Limited A. Upon receipt of the final certificate security of the product/device Distribution) of evaluation from the national (2) Changes resulting from new Postal laboratory, where required, and after Service regulations, such as an A. The Provider will submit a obtaining positive results of internal updated postal rate table proposed Field (Beta) Test Plan testing of the product/device, successful (3) Changes to the software or firmware identifying test parameters, product completion of Provider infrastructure (4) Changes to the PSD, for products quantities, geographic location, test testing, Alpha testing, demonstration of using such a device participants, test duration, test limited distribution activities (Beta (5) Changes to the physical milestones, and product recall plan. The testing), and audits of Provider site configuration of the product Beta Test Plan will be in accordance security, the Postal Service will (6) Changes to product documentation with the Beta Test Strategy in effect for administratively review the submitted or packaging the given product type. The Postal product, the Provider infrastructure, and (7) Changes to product distribution Service will supply the appropriate Beta the Provider/manufacturer qualification methods Test Strategy to the Provider upon requirements for final approval of full (8) Changes to third-party providers of request. The purpose of the Beta test is distribution. In preparation for the significant product components to demonstrate the proposed product’s administrative review, the Provider C. For an IBI product, the changed utility, security, audit and control, shall update any product submission product shall be in compliance with the functionality, and compatibility with documentation submitted in compliance IBI performance criteria and all other other systems, including mail entry, with the requirements of the Postage Postal Service regulations in effect at the acceptance and processing, in a real- Evidencing Product Submission time the change is implemented. All world environment. The Beta test will Procedure that is no longer accurate changes to previously approved employ available communications and with respect to the product in review. products must be approved by the will interface with current operational Postal Service before implementation. Note: Copies of Draft 39 CFR Part 502 systems to conduct all product The Postal Service must also approve functions. The Manager, Metering containing IBIP Provider/Manufacturer qualification requirements as published in the timetable and procedures for Technology Management, will the Federal Register on September 2, 1998, implementing changes. determine acceptance of Provider- are available by contacting USPS, Metering D. Providers are encouraged to proposed Beta Test Plans based on, but Technology Management, 475 L’Enfant Plaza consolidate multiple changes in a single not limited to, assessed risk of the SW, Room 8430, Washington DC 20260– change proposal to enable the Postal product, product impact on Postal 2444. Copies of CFR Part 501 pertaining to Service to expedite their review of the Service operations, and requirements for postage meters are available also at the above changes. address. Postal Service resources. Proposed E. The Provider shall fully document candidates for Beta test participation B. The Postal Service may require, at all changes, in accordance with the must be approved by the Postal Service. any time, that models/versions of requirements described in the following Beta test approval consideration will be approved products, and the design and sections. based in whole or in part on the user manuals and specifications location, mail volume, mail applicable to such product, and any 2.2. Provider Responsibilities characteristics, and mail origination and revisions thereof, be deposited with the A. The Provider shall be responsible destination patterns. Postal Service. for notifying the Postal Service of any

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If so, the Provider process shall ensure that no changes can the Letter of Intent to Change is is responsible for resolving applicable be made without proper tracing of submitted, the Provider shall review the intellectual property issues. design changes, records of following documents and submit any In accordance with this policy, the authorization, and notification to the changes needed to ensure they are still Postal Service generally will not Postal Service. The Provider is current. Additional documentation may evaluate or arbitrate conflicting patent responsible for submitting a change be required at the discretion of the claims by Providers, publicly assess the proposal in accordance with the Postal Service. validity or scope of the patents that have requirements of this procedure and for (a) Nondisclosure Agreements been cited with respect to any achieving Postal Service approval before (b) Concept of Operations performance criteria, or offer any implementing any change. (c) Software and Documentation opinion as to whether a license is B. Detailed Provider Actions: (d) Provider Infrastructure Plan required under such patents to meet (1) Letter of Intent to Change. The first (e) USPS Address Matching System performance criteria. step in the submission of a change (AMS) CD–ROM Integration, if Each Provider should seek its own proposal is to submit a Letter of Intent required for the product. legal counsel with respect to these to Change, similar to the Letter of Intent matters, and, if it determines that a described under Product Submission (3) Testing. The Provider will test the product changes as described in the patent license is required, should Procedures, above. The Letter of Intent procure one. Companies that are to Change shall be submitted to the Postage Evidencing Product Submission Procedures to the extent required by the unwilling or unable to acquire any Manager, Metering Technology necessary patent licenses to produce Management, United States Postal proposed change, in accordance with Postal Service direction. The Provider their proposed product should assess Service, 475 L’Enfant Plaza SW, Room the wisdom of remaining in the market 8430, Washington DC 20260–2444. The shall document the tests performed on product changes and shall submit this or the possibility of producing a letter must include: different type of product. (a) Date of correspondence. documentation along with verification To implement this policy, the Postal (b) Name and address of all parties of successful completion of the testing. Service may enter into an agreement involved in the change proposal, 2.3. Postal Service Responsibilities (‘‘Agreement’’) with the Provider stating including those responsible for that the Provider is solely responsible assembly, distribution, management of A. The Postal Service will execute its for determining, on an ongoing basis, the product/device, hardware/firmware/ responsibilities in a timely manner. whether its approved products are software development or testing, and B. The Postal Service will review the subject to any third-party patents. If so, other organizations involved (or Letter of Intent to Change and accept or the Provider must procure any required expected to be involved) with the reject each component of the Provider’s licenses to allow the Provider to make, changed product. proposed approach for product change, (c) Name and phone number of documentation submittal and testing, use, sell, or (if applicable) import its official point of contact for each party and schedule for release. products, and to allow the Provider’s identified above. C. The Postal Service will complete customers to use the products to create (d) Change concept narrative. A testing of the changes as required to postage indicia, apply the indicia to description of the proposed change, ensure the changes meet Postal Service mail, and deposit the mail with the identifying any changes to the form, fit, performance criteria and provide Postal Service. function, or security of the product. written comments to the Provider. Providers would not be responsible (e) Discussion of the reasons for the Approval of the change will be granted under such an Agreement for procuring change. in writing by the Postal Service by the any license rights with respect to (f) Discussion of the implications of Manager, Metering Technology mailing activities conducted by the the change for product security, product Management. Postal Service. However, each Provider identification, and Provider procedures D. The Postal Service reserves the is required to indemnify the Postal such as distribution, operations, or right to determine if a proposed change Service for any claims against the Postal financial transactions, as well as any is extensive enough to constitute a new Service based on the Provider’s failure cost impact and impact on product product, rather than a change to a to procure necessary patent or other customers. The document shall also previously approved product. If such a rights with respect to its product discuss the impact of the change on determination is made, the Provider offering. Postal procedures such as mail entry, shall comply with all requirements of 4. Request for Comment mail acceptance, and mail processing, as the Postage Evidencing Product well as the impact on the interfaces Submission Procedures, including field It is emphasized that the proposed between the Provider and the Postal testing. procedures for initial product Service and/or customers. submission and changes to already (g) An outline of the actions the 3. Intellectual Property and License approved products are being published Provider will take in support of the Considerations for comments and are subject to final change proposal, including a listing of A Provider is responsible for definition. the documentation the Provider will determining if and how it can make Although exempt from the notice and submit in support of the change, and the products that meet the Postal Service comment requirements of the testing that will be performed to ensure performance criteria or specifications Administrative Procedure Act (5 U.S.C. the changes meet Postal Service applicable to the given product/device, 553 (b), (c)) regarding proposed rule requirements. in view of applicable technical, making by 39 U.S.C. 410 (a), the Postal

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Service invites public comments on the FOR FURTHER INFORMATION CONTACT: 4. The Boards, including all of the proposed procedures. Susan K. Pascocello, Senior Counsel, at Independent Trustees, determined that Stanley F. Mires, (202) 942–0674, or Michael W. Mundt, the Reorganization is in the best Chief Counsel, Legislative. Branch Chief, at (202) 942–0564 (Office interests of each Trust, and that the [FR Doc. 99–21242 Filed 8–16–99; 8:45 am] of Investment Company Regulation, interests of the existing shareholders of each Trust would not be diluted by the BILLING CODE 7710±12±P Division of Investment Management). SUPPLEMENTARY INFORMATION: The Reorganization. In assessing the following is a summary of the Reorganization, the Boards considered application. The complete application various factors, including: (a) the SECURITIES AND EXCHANGE compatibility of each Trust’s investment COMMISSION may be obtained for a fee at the SEC’s Public Reference Branch, 450 Fifth objective, policies and restrictions, and [Investment Company Act Release No. Street, N.W., Washington, D.C. 20549– shareholder services; (b) the terms and 23942; 812±11704] 0102 (tel. 202–942–8090). conditions of the Reorganization; (c) the expense ratios of each Trust; (d) the tax- Anchor Resource and Commodity Applicants’ Representations free nature of the Reorganization; and Trust, et al.; Notice of Application 1. The Trusts, both Massachusetts (e) the estimated costs of the Reorganization. All Reorganization August 11, 1999. business trusts, are registered under the Act as open-end management expenses will be borne by ARCT, as AGENCY: Securities and Exchange determined by its Board. Commission (‘‘SEC’’). investment companies. The Adviser, a Massachusetts corporation, serves as the 5. The Reorganization is subject to a ACTION: Notice of an application under investment adviser to the Trusts and is number of conditions, including that: (a) section 17(b) of the Investment registered as an investment adviser the Reorganization is approved by each Company Act of 1940 (the ‘‘Act’’) for an Board and the shareholders of ASAT; (b) under the Investment Advisers Act of exemption from section 17(a) of the Act. the Trusts receive opinions of counsel 1940. The Adviser is under common that the Reorganization will be tax-free; control with Societe D’Etudes et de SUMMARY OF APPLICATION: Applicants and (c) applicants receive exemptive Gestion Financieres Meeschaert, S.A. request an order to permit Anchor relief from the SEC as requested in the (‘‘Societe D’Etudes’’), which owned in Resource and Commodity Trust to application. The Reoganization excess of 99% of the outstanding shares acquire the assets and liabilities of Agreement may be terminated by ASAT of ARCT and in excess of 60% of the Anchor Strategic Assets Trust (the by resolution of its Board if the Board outstanding shares of ASAT as of June ‘‘Reorganization’’). Because of certain determines that circumstances have 1999. affiliations, applicants may not rely on changed to make the Reorganization rule 17a–8 under the Act. 2. On June 21, 1999, the boards of inadvisable. Applicants agree not to trustees of each Trust (together, the APPLICANTS: Anchor Resource and make any material changes to the Commodity Trust (‘‘ARCT’’), Anchor ‘‘Boards’’), including all of the trustees Reorganization Agreement without prior Strategic Assets Trust (‘‘ASAT,’’ ARCT who are not ‘‘interested persons,’’ as SEC approval. and ASAT each a ‘‘Trust,’’ and together defined in section 2(a)(19) of the Act 6. A registration statement on Form the ‘‘Trusts’’) an Anchor Investment (‘‘Independent Trustees’’), unanimously N–14 was filed with the SEC on June 23, Management Corporation (‘‘Adviser’’). approved an agreement and plan of 1999, and became effective on July 29, reorganization (‘‘Reorganization FILING DATES: The application was filed 1999. Definitive proxy solicitation Agreement’’) under which ARCT will materials have been filed with the SEC on June 25, 1999. Applicants have acquire the assets and liabilities of agreed to file an amendment to the and were mailed to ASAT shareholders ASAT in exchange for ARCT shares. on July 29, 1999. A special meeting of application during the notice period, the The number of ARCT shares to be substance of which is reflected in this ASAT shareholders is scheduled for issued to ASAT will be determined on August 20, 1999. notice. the basis of the relative net asset value HEARING OR NOTIFICATION OF HEARING: An per share and aggregate net assets of Applicants’ Legal Analysis order granting the requested relief will ARCT and ASAT as of the close of 1. Section 17(a) of the Act generally be issued unless the SEC orders a business on the closing date of the prohibits an affiliated person of a hearing. Interested persons may request Reorganization (‘‘Closing Date’’), registered investment company, or an a hearing by writing to the SEC’s currently anticipated to occur in early affiliated person of such a person, acting Secretary and serving applicants with a September 1999. Portfolio securities of as principal, from selling any security copy of the request, personally or by ARCT and ASAT will be valued in to, or purchasing any security from, the mail. Hearing requests should be accordance with the valuation practices company. Section 2(a)(3) of the Act received by the SEC by 5:30 p.m. on of each Trust, which are described in defines an ‘‘affiliated person’’ of another September 1, 1999, and should be each Trust’s current prospectus and person to include (a) any person directly accompanied by proof of service on statement of additional information. As or indirectly owning, controlling, or applicants in the form of an affidavit or, soon as practicable after the Closing holding with power to vote 5% or more for lawyers, a certificate of service. Date, ASAT will liquidate and distribute of the outstanding voting securities of Hearing requests should state the nature pro rata to its shareholders the ARCT the other person; (b) any person 5% or of the writer’s interest, the reason for the shares. No sales charges will be imposed more of whose securities are directly or request, and the issues contested. upon ASAT shareholders in connection indirectly owned, controlled, or held Persons who wish to be notified of a with the Reorganization. with power to vote by the other person; hearing may request notification by 3. Applicants state that the (c) any person directly or indirectly writing to the SEC’s Secretary. investment objectives, restrictions and controlling, controlled by or under ADDRESSES: Secretary, SEC, 450 Fifth limitations of ARCT are similar to those common control with the other person; Street, N.W., Washington, D.C. 20549– of ASAT. Neither ASAT nor ARCT and (d) if the other person is an 0609. Applicants, 579 Pleasant Street, impose any sales charges or distribution investment company, any investment Suite 4, Paxton, Massachusetts 01612. related fees. adviser of that company.

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2. Rule 17a–8 under the Act exempts SECURITIES AND EXCHANGE John Hancock Mutual Life Insurance from the prohibitions of section 17(a) COMMISSION Company, 200 Clarendon Street, Boston, Massachusetts 02117. mergers, consolidations, or purchases or [Rel. No. IC±23941; 813±200] sales of substantially all of the assets of FOR FURTHER INFORMATION CONTACT: registered investment companies that John Hancock Mutual Life Insurance Janet M. Grossnickle, Attorney-Adviser, are affiliated persons, or affiliated Company, et al.; Notice of Application at (202) 942–0526, or Nadya B. Roytblat, persons of an affiliated person, solely by Assistant Director, at (202) 942–0564 reason of having a common investment August 11, 1999. (Division of Investment Management, adviser, common directors, and/or AGENCY: Securities and Exchange Office of Investment Company common officers, provided that certain Commission (‘‘SEC’’). Regulation). conditions set forth in the rule are ACTION: Notice of application for an SUPPLEMENTARY INFORMATION: The satisfied. order under sections 6(b) and 6(e) of the following is a summary of the Investment Company Act of 1940 (the application. The complete application 3. Applicants believe that they may ‘‘Act’’) exempting the applicants from not rely on rule 17a–8 in connection may be obtained for a fee at the SEC’s all provision of the Act, except section Public Reference Branch, 450 Fifth with the Reorganization because the 9, section 17 (other than certain Street, N.W., Washington, D.C. 20549– Trusts may be deemed to be affiliated by provisions of paragraphs (a), (d), (f), (g), 0102 (tel. 202–942–8090). reasons other than having a common and (j), section 30 (except for certain investment adviser. Applicants state provisions of sections 30(a), (b), (e), and Applicants’ Representations that Societe D’Etudes, affiliate of the (h)), and sections 36 through 53, and the 1. John Hancock is a mutual life Adviser, owns more than 25% of the rules and regulations under the Act. insurance company organized under the outstanding voting securities of each of laws of the Commonwealth of SUMMARY OF APPLICATION: Applicants the Trusts. Massachusetts. John Hancock is also an request an order to exempt certain investment adviser registered under the 4. Section 17(b) of the Act provides limited liability companies and other Investment Advisers Act of 1940 that the SEC may exempt a transaction entities formed for the benefit of key (‘‘Advisers Act’’). John Hancock and its from the provisions of section 17(a) if employees John Hancock Mutual Life affiliates as defined in rule 12b-2 of the the evidence establishes that the terms Insurance Company (‘‘John Hancock’’) Securities Exchange Act of 1934 (the of the proposed transaction, including and its affiliates from certain provisions ‘‘Exchange Act’’) are referred to in this the consideration to be paid, are of the Act. Each limited liability notice collectively as the ‘‘John Hancock reasonable and fair and do not involve company or other entity will be an Group’’ and individually as a ‘‘Jon overreaching on the part of any person employees’ securities company within Hancock Group entity.’’ concerned, and that the proposed the meaning of section 2(a)(13) of the 2. The Initial Company is a limited Act. transaction is consistent with the policy liability company organized under the of each registered investment company APPLICANTS: John Hancock Employees’ laws of the State of Delaware. John concerned and with the general Securities Company I LLC (‘‘Initial Hancock formed the Initial Company to purposes of the Act. Company’’) and John Hancock, on provide certain investment 5. Applicants request an order under behalf of other limited liability opportunities to certain key employees section 17(b) of the Act exempting them companies or other investment vehicles of the John Hancock Group. John that may be formed in the future from section 17(a) to the extent Hancock is the sole Managing Member (together, with the Initial Company, the necessary to complete the (as defined below) of the Initial ‘‘Companies’’). Reoganization. Applicants submit that Company. FILING DATES: The application was filed the Reorganization satisfies the 3. The John Hancock Group may on October 22, 1998, and amended on standards of section 17(b) of the Act. organize additional Companies in the February 18, 1999, May 17, 1999 and future (the ‘‘Subsequent Companies’’). Applicants believe that the terms of August 10, 1999. Reorganization are fair and reasonable Each Company will be either a limited HEARING OR NOTIFICATION OF HEARING: An and do not involve overreaching. liability company, a business trust, or a order granting the application will be Applicants state that the Reorganization limited partnership formed as an issued unless the SEC orders a hearing. ‘‘employees’ securities company’’ will be based on the Trusts’ relative net Interested persons may request a within the meaning of section 2(a)(13) of asset values. In addition, applicants hearing by writing to the SEC’s the Act, and will operate as a closed- state that the Boards, including all of the Secretary and serving applicants with a end, management investment company Independent Trustees, have determined copy of the request, personally or by and may be diversified or non- that the participation of each Trust in mail. Hearing requests should be diversified. The Companies will be the Reorganization is in the best received by the SEC by 5:30 p.m. on established primarily for the benefit of interests of each Trust and that such September 7, 1999, and should be highly compensated employees of the participation will not dilute the accomplished by proof of service on John Hancock Group as part of a interests of shareholders of each Trust. applicants, in the form of an affidavit or, program designed to create capital For the SEC, by the Division of Investment for lawyers, a certificate of service. building opportunities that are Management, under delegated authority. Hearing requests should state the nature competitive with those at other of the writer’s interest, the reason for the Margaret H. McFarland, investment banking firms and to request, and the issues contested. facilitate the recruitment of high caliber Deputy Secretary. Persons who wish to be notified of a professionals. Participation in a [FR Doc. 99–21274 Filed 8–16–99; 8:45 am] hearing may request notification by Company will be voluntary. BILLING CODE 8010±01±M writing to the SEC’s Secretary. 4. John Hancock will act as the ADDRESSES: Secretary, SEC, 450 Fifth managing member of the Initial Street, N.W., Washington, D.C. 20549– Company (together with any John 0609. Applicants, c/o John A. Tisdale, Hancock Group entity that acts as a

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Company’s managing member or general 7. ESC Investors, who also will of $100,000 and have a reasonable partner, the ‘‘Managing Member’’). The qualify as Eligible Employees, will have expectation of reportable income of at Managing Member will manage and primary responsibility for operating the least $140,000 in the years in which the operate each of the Companies. The Company in which they invest. These JH Investor invests in a Company. In Managing Member will be authorized to responsibilities will include, among addition, a JH Investor will not be delegate management responsibility to a other things, monitoring investments for permitted to invest in any year more John Hancock Group entity. A John the Company, communicating with the than 10% of such person’s income from Hancock Group entity will act as the Members in the Company, maintaining all sources for the immediately investment adviser to a Company and the books and records of the Company, preceding year in the aggregate in a will register as an investment adviser addressing day-to-day tax issues Company and in all other Companies in under the Advisers Act, if required involving the Company, and evaluating which that JH Investor has previously under applicable law. investments for the Company. Each ESC invested. 5. The Managing Member of a Investor will (a) be closely involved 9. A Qualified Participant is an Company may charge the Company an with the knowledgeable about the Eligible Employee, Qualified Family annual management fee, a flat Company’s affairs and investments, (b) Member (as defined below) or Qualified administrative charge or a carried be an officer or employee of John Investment Vehicle (as defined below). interest, including a fee meeting the Hancock Group, and (c) have reportable A ‘‘Qualified Family Member’’ is a requirements of rule 205–3 under the income from all sources (including any spouse, parent, child, spouse of child, Advisers Act. Both the management fee profit sharing and bonuses) in the two brother, sister, or grandchild of an and the administrative fee, if any, will calendar years immediately preceding Eligible Employee, and must be an serve to reimburse the Managing the ESC Investor’s participation in the Accredited Investor. A ‘‘Qualified Member for its costs of managing the Company in excess of $100,000 and Investment Vehicle’’ is a trust or other Company, and will include expenses have a reasonable expectation of investment vehicle established for the charged by a John Hancock Group entity reportable income of at least $100,000 in benefit of an Eligible Employee or for services actually rendered to the the years in which the ESC Investor Qualified Family Members. A Qualified Company, but without any additional invests in a Company. Investment Vehicle must be either (i) an markup. Any management fee charged 8. JH Investors, who also will qualify accredited investor or (ii) an entity for to a Company will not be duplicative of as Eligible Employees, will have which an Eligible Employee or any management fee charged to a Client Qualified Family Member is a settlor Fund (as defined below). A Managing primary responsibility for operating (i) the investment partnerships or other and principal investment decision- Member may receive reimbursement of maker. its out-of-pocket expenses, including the investment entities managed by John 10. The terms of investment in a allocable portion of the salaries of its Hancock (‘‘Client Funds’’) in which the Company will be fully disclosed to each employees who work on the Companies’ Companies invest, provided that such Qualified Participant in a private affairs. Client Funds represent the sole 6. Interests in the Companies investments of the Company in which placement memorandum, which will be (‘‘Interests’’) will be offered without the JH Investor invests or (ii) any other furnished at the time the Eligible registration in reliance on section 4(2) of investor organized or managed by a John Employee is invited to participate in the the Securities Act of 1933 (the Hancock Group entity that generally Company. Each Company will send ‘‘Securities Act’’), or Regulation D under will co-invest with such Client Funds audited financial statements to each the Securities Act, and will be sold on a pari passu basis (the ‘‘Co- Member as soon as practicable after the without a sales load only to ‘‘Eligible Investors’’). These responsibilities will end of its fiscal year. In addition, each Employees’’ and other ‘‘Qualified include, among other things, monitoring member will receive a report setting Participants,’’ in each case as defined investments for the Client Funds or Co- forth such tax information as shall be below, or to a John Hancock Group Investors, communicating with the necessary for the preparation by the entity (collectively, ‘‘Members’’). Prior members or other representatives of the Member of his or her federal and state to offering Interests to an Eligible Client Funds or Co-Investors, income tax returns. Employee or Qualified Family Member maintaining the books and records of 11. Interests in a Company will be (as defined below), the Managing the Client Funds or Co-Investors, non-transferable except with the prior Member must reasonably believe that addressing day-to-day tax issues written consent of the Managing such individual will be a sophisticated involving the Client Funds or Co- Member. No person will be admitted investor capable of understanding and Investors, marketing units in the Client into a Company as a Member unless the evaluating the risks of participating in Funds or Co-Investors, and evaluating person is a Qualified Participant or a the Company and is able to afford a investments for the Client Funds or Co- John Hancock Group entity. complete loss of any investment. An Investors. Each JH Investor will (a) be 12. A Member’s interest in a Company Eligible Employee is an individual who closely involved with and may be subject to repurchase if: (a) The is a current or former employee, officer, knowledgeable about the affairs and Eligible Employee’s relationship with or director of John Hancock Group and, investments of the Client Funds or Co- John Hancock Group is terminated for except for certain individuals (‘‘ESC Investors, (b) be an officer or employee cause; or (b) the Eligible Employee Investors’’) who manage the day-to-day of John Hancock Group, (c) have a accepts employment of any nature with affairs of the Company in question and graduate degree in business, law or a firm that the Managing Member certain individuals (‘‘JH Investors’’) who accounting, (d) have a minimum of five determines is competitive with any manage the day-to-day affairs of the years of consulting, investment banking business of John Hancock Group. Upon Client Funds or the Co-Investors (both or similar business experience, and (e) repurchase, the Managing Member will as defined below), meets the standards have reportable income from all sources pay to the Member the lesser of (a) the of an accredited investor under rule (including any profit sharing and amount actually paid by the Member to 501(a)(6) of Regulation D under the bonuses) in the two calendar years acquire the Interest (less prior Securities Act (an ‘‘Accredited immediately preceding the JH Investor’s distributions, plus interest and Investor’’). participation in the Company in excess dividends), and (b) the fair value of the

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Interest as determined at the time of though the company were registered a company controlled by the Company termination in good faith by the under the Act. Applicants request an is a participant. Managing Member. order under sections 6(b) and 6(e) of the 6. Applicants submit that it is likely 13. Subject to the terms of the Act exempting the Companies from all that suitable investments will be applicable limited liability company provisions of the Act, except section 9, brought to the attention of a Company agreement (for other constitutive section 17 (other than certain provisions because of its affiliation with John documents), a Company will be of paragraphs (a), (d), (e), (f), (g), and (j)), Hancock Group, John Hancock Group’s permitted to enter into transactions sections 36 through 53 of the Act, and large capital resources, and its involving (a) a John Hancock Group the rules and regulations under the Act. experience in structuring complex entity, (b) a Client Fund or other 3. Section 17(a) generally prohibits transactions. Applicants also submit portfolio company, (c) any Member or any affiliated person of a registered that the types of investment any person or entity affiliated with a investment company, or any affiliated opportunities considered by a Company Member, or (d) any partner or other person of an affiliated person, acting as often require each investor to make investor in any entity in which a principal, from knowingly selling or funds available in an amount that may Company invests. These transactions purchasing any security or other be substantially greater than what a may include a Company’s purchase or property to or from the company. Company may make available on its sale of an investment or an interest from Applicants request an exemption from own. Applicants contend that, as a or to any John Hancock Group entity or section 17(a) to permit: (a) a member of result, the only way in which a Client Fund, acting as principal. Prior to the John Hancock Group or a Client Company may be able to participate in entering into these transactions, the Fund, acting as principal, to engage in these opportunities may be to co-invest Managing Member must determine that any transaction directly or indirectly with other persons, including its the terms are fair to the Members. A with any Company or any entity affiliates. Applicants note that each Company will not acquire any security controlled by such Company; (b) a Company will be organized for the by a registered investment company if Company to invest in or engage in any benefit of Eligible Employees as an immediately after the acquisition, the transaction with any entity, acting as incentive for them to remain with John Company will own more than 3% of the principal (i) in which such Company, Hancock Group and for the generation outstanding voting stock of the any company controlled by such and maintenance of goodwill. registered investment company. Company or any John Hancock Group Applicants believe that, if co- entity or a Client Fund has invested or investments with John Hancock Group Applicants’ Legal Analysis will invest or (ii) with which such are prohibited, the appeal of the 1. Section 6(b) of the Act provides, in Company, and company controlled by Companies would be significantly part, that the SEC will exempt such Company or any John Hancock diminished. employees’ securities companies from Group entity is or will otherwise 7. Applicants state that the possibility the provisions of the Act to the extent become affiliated; and (c) a partner or that permitting co-investments by John that the exemption is consistent with other investor in any entity in which a Hancock Group and a Company might the protection of investors. Section 6(b) Company invests, acting as a principal, lead to less advantageous treatment of provides that the SEC will consider, in to engage in transactions directly or the Company is minimal in light of the determining the provisions of the Act indirectly with the related Company or John Hancock Group’s intention in from which the company should be any company controlled by such establishing a Company so as to reward exempt, the company’s form of Company. Eligible Employees and to attract and organization and capital structure, the 4. Applicants state than an exemption retain highly qualified personnel, and persons owning and controlling its from section 17(a) is consistent with the because senior officers and directors of securities, the price of the company’s protection of investors and the purposes John Hancock Group entities will be securities and the amount of any sales of the Companies. Applicants state that investing in the Company. In addition, load, how the company’s funds are the Members in each Company will be applicants assert that strict compliance invested, and the relationship between fully informed of the extent of the with section 17(d) would cause the the company and the issuers of the Company’s dealings with the John Company to forego investment securities in which it invests. Section Hancock Group. Applicants also state opportunities simply because a Member 2(a)(13) defines an employees’ security that, as professionals engaged in or other affiliated person of the company, in relevant part, as any financial services businesses, Members Company (or any affiliate of the investment company all of whose will be able to evaluate the attendant affiliated person) made a similar securities are beneficially owned (a) by risks. Applicants assert that the investment. current or former employees, or persons community of interest among the 8. Section 17(f) designates the entities on retainer, of one or more affiliated Members and John Hancock Group will that may act as investment company employers, (b) by immediate family serve to reduce any risk of abuse. custodians, and rule 17f–1 imposes members of such persons, or (c) by such 5. Section 17(d) of the Act and rule certain requirements when the employer or employers together with 17d–1 under the Act prohibit any custodian is a member of a national any of the persons in (a) or (b). affiliated person or principal securities exchange. Applicants request 2. Section 7 of the Act generally underwriter of a registered investment an exemption from section 17(f) and prohibits investment companies that are company, or any affiliated person of an rule 17f–1 to permit the Managing not registered under section 8 of the Act affiliated person or principal Member to make certain approvals and from selling or redeeming their underwriter, acting as principal, from ratifications, rather than a majority of securities. Section 6(e) provides that, in participating in any joint arrangement the board of directors of a Company, as connection with any order exempting an with the company unless authorized by would be required by rule 17f–1 (a) and investment company from any provision the SEC. Applicants request relief to (d). Applicants also request an of section 7, certain provisions of the permit affiliated persons of each exemption from the rule 17f–1(b)(4) Act, as specified by the SEC, will be Company, or affiliated persons of any of requirement that an independent applicable to the company and other these persons, to participate in any joint accountant periodically verify the assets persons dealing with the company as arrangement in which the Company or held by the custodian. Applicants

VerDate 18-JUN-99 10:31 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\A17AU3.048 pfrm01 PsN: 17AUN1 44770 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Notices further request an exemption from rule Applicants’ Conditions and pro rata with the Affiliated Co- 17f–1(c)’s requirement of transmitting to Applicants agree that any order Investor. The term ‘‘Affiliated Co- the SEC a copy of any contract executed granting the requested relief will be Investor’’ with respect to any Company pursuant to rule 17f–1. Applicants state subject to the following conditions: means any person who is an ‘‘affiliated that, because of the community of 1. Each proposed transaction person’’ (as defined in the Act) of the interest between John Hancock Group otherwise prohibited by section 17(a) or Company or an affiliated person of such and the Companies and the independent section 17(b) of the Act and rule 17d– person. The restrictions contained in audit of annual financial statements, 1 under the Act to which a Company is this condition, however, shall not be compliance with these requirements a party (the ‘‘Section 17 Transactions’’) deemed to limit or prevent the would be unnecessarily burdensome will be effected only if the Managing disposition of an investment by an and expensive. Applicants will comply Member determines that: (a) the terms of Affiliated Co-Investor: (a) To its direct with all other requirements of rule 17f– the transaction, including the or indirect wholly-owned subsidiary, to any company (a ‘‘Parent’’) of which the 1. consideration to be paid or received, are fair and reasonable to the members and Affiliated Co-Investor is a direct or 9. Section 17(g) and rule 17g–1 do not involve overreaching of the indirect wholly-owned subsidiary, or to generally require the bonding of officers company or its Members on the part of a direct or indirect wholly-owned and employees of a registered any person concerned; and (b) the subsidiary of its Parent; (b) to immediate investment company who have access to transaction is consistent with the family members of the Affiliated Co- its securities or funds. Rule 17g–1 interests of the members, the Company’s Investor or a trust or other investment requires that a majority of directors who organizational documents, and the vehicle established for any such family are not interested persons take certain Company’s reports to its Members. In member; or (c) when the investment is actions and give certain approvals addition, the Managing Members will comprised of securities that are (i) listed relating to fidelity bonding. Applicants record and preserve a description of all on any exchange registered as a national request relief to permit the Managing Section 17 Transactions, the Managing securities exchange under section 6 of Member’s officers and directors, who Member’s findings, the information or the Exchange Act; (ii) national market may be deemed interested persons, to materials upon which their findings are system securities pursuant to section take actions and make determinations based, and the basis for the findings. All 11A(a)(2) of the Exchange Act and rule set forth in the rule. Applicants state such records will be maintained for the 11Aa2–1 thereunder; or (iii) government that, because all the directors of the life of the Companies and at least two securities as defined in section 2(a)(16) Managing Member will be affiliated years thereafter, and will be subject to of the Act. 1 4. Each Company and the Managing persons, a Company could not comply examination by the SEC and its staff. 2. In connection with the Section 17 Member will maintain and preserve, for with rule 17g–1 without the requested Transactions, the Managing Member the life of each such Company and at relief. Applicants also state that each will adopt, and periodically review and least two years thereafter, such Company will comply with all other update, procedures designed to ensure accounts, books, and other documents requirements of rule 17g–1. that reasonable inquiry is made, prior to as constitute the record forming the 10. Section 17(j) and paragraph (a) of the consummation of any Section 17 basis for the audited financial rule 17j–1 make it unlawful for certain Transaction, will respect to the possible statements that are to be provided to the enumerated persons to engage in involvement in the transaction of any members, and each annual report of the fraudulent or deceptive practices in affiliated person or promoter of or Company required to be sent to the connection with the purchase or sale of principal underwriter for the Company, Members, and agree that all such a security held or to be acquired by a or any affiliated person of such person, records will be subject to examination registered investment company. Rule promoter, or principal underwriter. by the SEC and its staff.2 17j–1 also requires that every registered 3. The Managing Member will not 5. The Managing Member of each investment company adopt a written invest the funds of any Company in any Company will send to each Member in code of ethics and that every access investment in which an ‘‘Affiliated Co- the Company who had an interest in a Investor’’ (as defined below) has Company, at any time during the fiscal person of a registered investment acquired or proposes to acquire the year then ended, Company financial company report personal securities same class of securities of the same statement audited by the Company’s transactions. Applicants request an issuer, where the investment involves a independent accountants. At the end of exemption from the provisions of rule joint enterprise or other joint each fiscal year, the Managing Member 17j–1, except for the anti-fraud arrangement within the meaning of rule will make a valuation or have a provisions of paragraph (a), because 17d–1 in which the Company and an valuation made of all of the assets of the they are unnecessarily burdensome as Affiliated Co-Investor are participants, company as of the fiscal year end in a applied to the Companies. unless any such Affiliated Co-Investor, manner consistent with customary 11. Applicants request an exemption prior to disposing of all or part of its practice with respect to the valuation of from the requirements in sections 30(a), investment, (a) gives the Managing assets of the kind held by the company. 30(b) and 30(e), and the rules under Member sufficient, but not less than one In addition, within 90 days after the end those sections, that registered days, notice of its intent to dispose of of each fiscal year of each Company or investment companies prepare and file its investment, and (b) refrains from as soon as practicable thereafter, the with the SEC and mail to their disposing of its investment unless the Managing Member of the Company will shareholders certain periodic reports Company has the opportunity to dispose send a report to each person who was and financial statements. Applicants of the Company’s investment prior to or a Member in the company at any time contend that the forms prescribed by the concurrently with, on the same terms as, during the fiscal year then ended, SEC for periodic reports have little relevance to the Companies and would 1 Each Company will preserve the accounts, 2 Each Company will preserve the accounts, books and other documents required to be books and other documents required to be entail administrative and legal costs that maintained in an easily accessible place for the first maintained in an easily accessible place for the first outweigh any benefit to the Members. two years. two years.

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Whenever a Company makes a or, for lawyers, a certificate of service. warrants. purchase from or sale to an entity Hearing requests should state the nature 3. The Fund intends to continuously affiliated with the Company by reason of the writer’s interest, the reason for the offer its shares to the public at net asset of a 5% or more investment in such request, and the issues contested. value. The Fund’s shares will not be entity by a John Hancock Group Persons who wish to be notified of a offered or traded in the secondary director, officer, employee, or person on hearing may request notification by market and will not be listed on any retainer, such individual will not writing to the SEC’s Secretary. exchange or quoted on any quotation participate in the Managing Member’s ADDRESSES: Secretary, SEC, 450 Fifth medium. The Fund intends to operate as determination of whether or not to effect Street, N.W., Washington, D.C. 20549– an ‘‘interval fund’’ pursuant to rule 23c– the purchase or sale. 0609; Andrew J. Donohue, Esq., 3 under the Act and make periodic repurchase offers to its shareholders. For the Commission, by the Division of OppenheimerFunds, Inc., Two World Investment Management, under delegated Trade Center, New York, NY 10048. 4. The Fund seeks the flexibility to be authority. FOR FURTHER INFORMATION CONTACT: John structured as a multiple-class fund and Margaret H. McFarland, K. Forst, Attorney Advisor, at (202) 942– currently intends to offer three classes of shares. The Fund will offer Class B Deputy Secretary. 0569, or Mary Kay Frech, Branch Chief, at (202) 942–0564 (Division of Shares at net asset value without a front- [FR Doc. 99–21273 Filed 8–16–99; 8:45 am] end sales charge, but subject to an early BILLING CODE 8010±01±M Investment Management, Office of Investment Company Regulation). withdrawal charge (‘‘EWC’’) on shares that are repurchased by the Fund within SUPPLEMENTARY INFORMATION: The five years of the end of the month in following is a summary of the SECURITIES AND EXCHANGE which they were purchased. Class B application. The complete application COMMISSION shares will automatically convert to may be obtained for a fee at the SEC’s [Release No. IC±23945; 812±11652] Class A shares 72 months after the end Public Reference Branch, 450 Fifth of the month in which they were Street, N.W., Washington, D.C. 20549– Oppenheimer Senior Floating Rate purchased. The Fund may in the future 0102 (telephone (202) 942–8090). Fund, et al.; Notice of Application offer Class A shares with a front-end sales charge. The Fund will offer Class August 12, 1999. Applicants’ Representations C shares at net asset value without a AGENCY: Securities and Exchange 1. The Fund is a closed-end front-end sales charge, but subject to an Commission (‘‘SEC’’). management investment company EWC on shares that are repurchased by ACTION: Notice of an application for an registered under the Act and organized the Fund within one year of the end of order under section 6(c) of the as a Massachusetts business trust. The the month in which they were Investment Company Act of 1940 Adviser is registered under the purchased. Class A, Class B, and Class (‘‘Act’’) for an exemption from sections Investment Advisers Act of 1940 and C shares will be subject to an annual 18(c) and 18(i) of the Act, under will serve as investment adviser to the shareholder service fee of up to .25% of sections 6(c) and 23(c)(3) of the Act for Fund. The Distributor, a broker-dealer average daily net assets. Class A, Class an exemption from rule 23c–3 under the registered under the Securities B, and Class C shares will be subject to Act, and pursuant to section 17(d) of the Exchange Act of 1934, will distribute an annual distribution fee of up to .75% Act and rule 17d–1 under the Act. the Fund’s shares. Applicants request of average daily net assets. Applicants that the order also apply to any other represent that the service and SUMMARY OF APPLICATION: Applicants registered closed-end investment request an order to permit certain distribution fees will comply with the company for which the Adviser or the provisions of rule 2830(d) of the registered closed-end investment Distributor or any entity controlling, Conduct Rules of the National companies to issue multiple classes of controlled by, or under common control Association of Securities Dealers, Inc. shares, and impose asset-based with the Adviser or the Distributor acts (‘‘NASD’’) as if the Fund were an open- distribution fees and early withdrawal as investment adviser or principal end investment company. Applicants charges. 1 underwriter. also represent that the Fund will 2. The Fund’s investment objective is APPLICANTS: Oppenheimer Senior disclose in its prospectus the fees, to seek a high level of current income Floating Rate Fund (‘‘Fund’’), expenses and other characteristics of and preservation of capital. The Fund OppenheimerFunds Distributor, Inc. each class of shares offered for sale, as (‘‘Distributor’’), and will invest primarily in senior secured is required for open-end multi-class OppenheimerFunds, Inc. (‘‘Adviser’’). floating rate loans made by commercial funds under Form N–1A. FILING DATES: The application was filed banks, investment banks and finance 5. All expenses incurred by the Fund on June 10, 1999. Applicants have companies to commercial and industrial will be allocated among the various agreed to file an amendment during the borrowers (‘‘Loans’’). Under normal classes of shares based on the net assets notice period, the substance of which is circumstances, at least 80% of the of the Fund attributable to each class, reflected in this notice. Fund’s total assets will be invested in except that the net asset value and HEARING OR NOTIFICATION OF HEARING: An Loans. Up to 20% of the Fund’s total expenses of each class will reflect order granting the application will be assets may be invested in U.S. dollar- distribution fees, service fees (including issued unless the SEC orders a hearing. transfer agency fees), and any other 1 Any registered closed-end investment company Interested persons may request a relying on this relief in the future will do so in a incremental expenses attributable to hearing by writing to the SEC’s manner consistent with the terms and conditions of that class. Expenses of the Fund Secretary and serving applicants with a the application. allocated to a particular class of shares

VerDate 18-JUN-99 16:08 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\17AUN1.XXX pfrm03 PsN: 17AUN1 44772 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Notices will be borne on a pro rata basis by each to permit the Fund to issue multiple and provisions of the Act. Applicants outstanding share of that class. The classes of shares. request relief under sections 6(c) and Fund may create additional classes of 4. Applicants submit that the 23(c) from rule 23c–3 to permit them to shares in the future that may have proposed allocation of expenses and impose EWCs on shares submitted for different terms from Class A, Class B, voting rights among multiple classes is repurchase that have been held for less and Class C shares. Applicants state that equitable and will not discriminate than a specified period. the Fund will comply with the against any group or class of 8. Applicants believe that the provisions of rule 18f–3 under the Act shareholders. Applicants submit that requested relief meets the standards of as if it were an open-end fund. the proposed arrangements would sections 6(c) and 23(c)(3). Rule 6c–10 6. The Fund may waive the EWC for permit the Fund to facilitate the under the Act permits open-end funds certain categories of shareholders or distribution of its securities and provide to impose CDSCs, subject to certain transactions to be established from time investors with a broader choice of conditions. Applicants state that EWCs to time. With respect to any waiver of, shareholder services. Applicants assert are functionally similar to CDSCs scheduled variation, or elimination of that their proposal does not raise the imposed by open-end funds under rule the EWC, the Fund will comply with concerns underlying section 18 of the 6c–10 under the Act. Applicants state rule 22d–1 under the Act as if the Fund Act to any greater degree than open-end that EWCs may be necessary for the were an open-end investment company. investment companies’ multiple class Distributor to recover distribution costs 7. The Fund may offer its structures that are permitted by rule and that EWCs may discourage investors shareholders an exchange feature under 18f–3 under the Act. Applicants state from moving their money quickly in and which shareholders of the Fund may that the Fund will comply with the out of the Fund, a practice that exchange their shares for shares of the provisions of rule 18f–3 as if it were an applicants submit imposes costs on all same class of other funds in the open-end fund. shareholders. Applicants will comply with rule 6c–10 under the Act as if that Oppenheimer Funds group of Early Withdrawal Charges investment companies. Exchanges of rule applied to closed-end funds. The Fund shares will be allowed only during 5. Section 23(c) of the Act provides, Fund also will disclose EWCs in periodic repurchase intervals. Any in relevant part, that no registered accordance with the requirements of exchange option will comply with rule closed-end fund will purchase any Form N–1A concerning CDSCs. 11a–3 under the Act as if the Fund were securities of which it is the issuer Applicants further state that the Fund an open-end investment company except: (a) on a securities exchange or will apply the EWC (and any waivers or other open market; (b) pursuant to subject to that rule. In complying with scheduled variations of the EWC) tenders, after reasonable opportunity to rule 11a–3, the Fund will treat the EWC uniformly to all shareholders in a given submit tenders given to all holders of as if it were a contingent deferred sales class and consistent with the securities of the class to be purchased; charge (‘‘CDSC’’). requirements of rule 22d–1 under the or (c) under other circumstances as the Act. Applicants’ Legal Analysis SEC may permit by rules and regulations or orders for the protection Asset-Based Distribution Fees Multiple Classes of Shares of investors. 9. Section 17(d) of the Act and rule 1. Section 18(c) of the Act provides, 6. Rule 23c–3 under the Act permits 17d–1 under the Act prohibit an in relevant part, that a closed-end a registered closed-end fund (an affiliated person of a registered investment company may not issue or ‘‘interval fund’’) to make repurchase investment company, acting as sell any senior security if, immediately offers of between five and twenty-five principal, from participating in or thereafter, the company has outstanding percent of its outstanding shares at net effecting any transaction in connection more than one class of senior security. asset value at periodic intervals with any joint enterprise or joint Applicants state that the creation of pursuant to a fundamental policy of the arrangement in which the investment multiple classes of shares of the Fund fund. Rule 23c–3(b)(1) under the Act company participates unless the SEC may be prohibited by section 18(c). provides that an interval fund may issues an order permitting the 2. Section 18(i) of the Act provides deduct from repurchase proceeds only a transaction. In reviewing applications that each share of stock issued by a repurchase fee, not to exceed two submitted under section 17(d) and rule registered management company will be percent of the proceeds, that is 17d–1, the SEC considers whether the a voting stock and have equal voting reasonably intended to compensate the participation of the investment rights with every other outstanding fund for expenses directly related to the company in a joint enterprise or joint voting stock. Applicants state that repurchase. arrangement is consistent with the multiple classes of shares of the Fund 7. Section 23(c)(3) provides that the provisions, policies, and purposes of the may violate section 18(i) of the Act SEC may issue an order that would Act, and to the extent to which the because each class would be entitled to permit a closed-end investment participation is on a basis different from exclusive voting rights with respect to company to repurchase its shares in or less advantageous than that of other matters solely related to that class. circumstances in which the repurchase participants. 3. Section 6(c) of the Act provides that is made in a manner or on a basis which 10. Rule 17d–3 under the Act the SEC may exempt any person, does not unfairly discriminate against provides an exemption from section security, or transaction from any any holders of the class or classes of 17(d) and rule 17d–1 to permit open- provision of the Act, if and to the extent securities to be purchased. As noted end funds to enter into distribution that such exemption is necessary or above, section 6(c) provides that the arrangements pursuant to rule 12b–1. appropriate in the public interest and SEC may exempt any person, security, Applicants also request an order under consistent with the protection of or transaction from any provision of the section 17(d) and rule 17d–1 to permit investors and the purposes fairly Act, if and to the extent that the the Fund to impose asset-based intended by the policy and provisions of exemption is necessary or appropriate distribution fees. Applicants have the Act. Applicants request an in the public interest and consistent agreed to comply with rules 12b–1 and exemption under section 6(c) of the Act with the protection of investors and the 17d–3 as if those rules applied to from sections 18(c) and 18(i) of the Act purpose fairly intended by the policy closed-end investment companies.

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Applicants’ Condition on the NYSE would likely increase the Union and international Applicants agree that any order number of institutional investors able to radiocommunication matters. granting the requested relief will be purchase the Security; (b) listing on the The ITAC–R will meet from 1:30 to subject to the following condition: NYSE would give the Company and its 3:30 on August 26, 1999 at the Applicants will comply with the Security higher visibility in the Department of State (east auditorium) to provisions of rules 6c–10, 11a–3, 12b– investment community, which the review ITU Registration activities with 1, 17d–3, 18f–3, and 22d–1 under the Company believes would result in respect to the nine year period for Act and NASD Conduct Rule 2830(d), as increased trading of shares of its bringing into use proposed satellite amended from time to time, as if those Security and greater facility in raising networks, including orbit positions rules applied to closed-end investment equity capital; and (c) withdrawing the around 60 degrees—65 degrees W.L. at companies. Security from listing on the Amex C and Ku bands. would avoid the direct and indirect Members of the general public may For the SEC, by the Division of Investment costs arising from maintaining dual Management, pursuant to delegated attend this meeting and join in the authority. listings, as well as the resultant division discussions, subject to the instructions of the market for the Security. Margaret H. McFarland, of the Chair. Admission of public The Company’s application relates members will be limited to seating Deputy Secretary. solely to the withdrawal of the Security available. Entrance to the Department of [FR Doc. 99–21329 Filed 8–16–99; 8:45 am] from listing on the Amex and shall have State is controlled; people intending to BILLING CODE 8010±01±M no effect upon the continued listing of attend ITAC–R meeting and subsequent the Security on the NYSE. Moreover, by preparatory meetings for the CPM reason of Section 12(b) of the Act and should send a fax to (202) 647–7407 no SECURITIES AND EXCHANGE the rules and regulations of the later than 24 hours before the meeting. COMMISSION Commission thereunder, the Company The fax should include the name of the [File No. 1±7183] shall continue to be obligated to file meeting (ITAC–R National Committee), reports pursuant to Section 13 of the Act date of the meeting, your name, social Issuer Delisting; Notice of Application with the Commission and the NYSE. security number, date of birth, and To Withdraw From Listing and Any interested person may, on or organization. One of the following will Registration; (Tejon Ranch Co., before August 27, 1999, submit by letter be required for admission: U.S. driver’s Common Stock, Par Value $.50 Per to the Secretary of the Securities and license, U.S. passport, or U.S. Share) Exchange Commission, 450 Fifth Street, Government identification card. Enter N.W., Washington D.C. 20549–0609, from the ‘‘C’’ Street Main Lobby; in view August 9, 1999. facts bearing upon whether the Tejon Ranch Co. (‘‘Company’’) has of escorting requirement, non- application has been made in government attendees should plan to filed an application with the Securities accordance with the rules of the and Exchange Commission arrive not less than 15 minutes before Exchange and what terms, if any, should the meeting begins. (‘‘Commission’’), pursuant to Section be imposed by the Commission for the Dated: August 11, 1999. 12(d) of the Securities Exchange Act of protection of investors. The 1934 (‘‘Act’’) and Rule 12d2–2(d) Commission, based on the information John T. Gilsenan, promulgated thereunder, to withdraw submitted to it, will issue an order Chairman, ITAC–R National Committee. the security specified above (‘‘Security’’) granting the application after the date [FR Doc. 99–21340 Filed 8–16–99; 8:45 am] from listing and registration on the mentioned above, unless the BILLING CODE 4710±45±U American Stock Exchange LLC (‘‘Amex’’ Commission determines to order a or ‘‘Exchange’’). hearing on the matter. The Security has been listed for DEPARTMENT OF STATE trading on the Amex and, pursuant to a For the Commission, by the Division of Market Regulation, pursuant to delegated Registration Statement on form 8–A [Public Notice No. 3113] filed with the Commission which authority. Jonathan G. Katz, became effective on July 23, 1999, on International Telecommunications the New York Stock Exchange, Inc. Secretary. Advisory Committee (ITAC) and (‘‘NYSE’’). Trading in the Security on [FR Doc. 99–21275 Filed 8–16–99; 8:45 am] Telecommunication Standardization the NYSE commenced at the opening of BILLING CODE 8010±01±M Sector (ITAC±T) National Committee; business on July 28, 1999. Notice of Meetings The Company has complied with the rules of the Amex by filing with the DEPARTMENT OF STATE The Department of State announces Exchange a certified copy of the meetings of the U.S. International preambles and resolutions adopted by [Public Notice No. 3114] Telecommunication Advisory the Company’s Board of Directors International Telecommunications Committee and International authorizing the withdrawal of its Advisory Committee, Telecommunication Advisory Security from listing on the Exchange Radiocommunication Sector (ITAC±R); Committee—Telecommunication and by setting forth in detail to the Notice of Meeting Standardization (ITAC–T). The purpose Amex the reasons for such proposed of the Committees is to advise the withdrawal, and the facts in support The Department of State announces a Department on policy and technical thereof. The Amex has in turn informed meeting of the U.S. International issues with respect to the International the Company that it has no objection to Telecommunication Advisory Telecommunication Union and the withdrawal of the Company’s Committee Radiocommunication Sector international telecommunication Securities from listing on the Exchange. (ITAC–R). The purpose of the standardization. Except where noted, In making the decision to withdraw Committee is to advise the Department meetings will be held at the Department its Securities from listing on the Amex, on policy and positions with respect to of State, 2201 ‘‘C’’ Street, NW, the Company considered that (a) listing the International Telecommunication Washington, DC.

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The ITAC will meet from 9:30 to noon concurrently October 11–15, 1999 in 1999. on September 8, 1999 (room to be London. Docket Number: OST–99–6058. announced) to continue preparations for It is anticipated that LEG 80 will focus Date Filed: August 4, 1999. a meeting of the ITU Working Group on primarily, if not exclusively, on Parties: Members of the International ITU Reform. completing its work on a draft protocol Air Transport Association. The ITAC–T National Committee will to the Athens Convention, therefore the Subject: meet from 9:30 to 4:00 on September 9, SHC will focus primarily on this topic CSC/21/Meet/005/99 dated June 15, 1999 (rather than September 14), at the September 27 meeting. The Joint 1999 r1–10 October 6, 1999, and November 18, 1999 IMO/ILO Ad Hoc Expert Working Group Book of Finally Adopted Resos/ (rooms to be announced) to prepare for will be focusing on the subject of Recommended Practices the next ITU Telecommunication Sector liability and compensation regarding MINUTES—CSC/21/Meet/004/99 Advisory Group (TSAG) and World claims for death, personal injury and dated June 15, 1999 Telecommunication Sector Assembly abandonment of seafarers, therefore the Intended effective date: 1 October (WTSA) meetings. SHC will also focus on this topic. Other 1999. Members of the general public may topics that will be briefly addressed Docket Number: OST–99–6074. attend these meetings and join in the include: the draft IMO Guidelines on Date Filed: August 5, 1999. discussions, subject to the instructions Shipowners’ Responsibilities in Respect Parties: Members of the International of the Chair. Admission of public of Maritime Claims and a draft Air Transport Association. members will be limited to seating convention regarding bunker fuel spills. Subject: available. Entrance to the Department of Time will also be allotted to address any PTC2 AFR 0066 dated 6 August 1999 State is controlled; people intending to other issues on the LEG work program (Adoption) attend ITAC–T National Committee on which there are questions or PTC2 AFR 0064 dated 9 July 1999 meetings should send a fax to (202) comments. (Issuance) 647–7407 not later than 24 hours before Members of the public are invited to Mail Vote 024—Resolution 010x the meeting. This fax should display the attend the SHC meeting, up to the TC2 from Africa to Libya Resolutions name of the meeting (ITAC or ITAC–T seating capacity of the room. For further Intended effective date: 15 August National Committee and date of information, or to submit views in 1999. meeting), your name, social security advance of the meeting, please contact Dorothy W. Walker, number, date of birth, and Captain Malcolm J. Williams, Jr., or Federal Register Liaison. organizational affiliation. One of the Lieutenant William G. Rospars, U.S. [FR Doc. 99–21278 Filed 8–16–99; 8:45 am] following valid photo identifications Coast Guard, Office of Maritime and BILLING CODE 4910±62±P will be required for admission: US International Law (G–LMI), 2100 driver’s license, US passport, US Second Street, SW, Washington, DC Government identification card. Enter 20593–0001; telephone (202) 267–1527; DEPARTMENT OF TRANSPORTATION from the ‘‘C’’ Street Main Lobby; in view fax (202) 267–4496. of escorting requirements, non- Dated: August 11, 1999. Office of the Secretary Government attendees should plan to Stephen M. Miller, arrive not less than 15 minutes before Applications for Certificates of Public the meeting begins. Executive Secretary, Shipping Coordinating Convenience and Necessity and Committee. Foreign Air Carrier Permits Filed Under Dated: August 11, 1999. [FR Doc. 99–21341 Filed 8–16–99; 8:45 am] Subpart Q During the Week Ending Richard C. Beaird, BILLING CODE 4710±07±U August 6, 1999 Director of Multilateral Affairs, Department of State. The following Applications for Certificates of Public Convenience and [FR Doc. 99–21339 Filed 8–16–99; 8:45 am] DEPARTMENT OF TRANSPORTATION BILLING CODE 4710±45±U Necessity and Foreign Air Carrier Office of the Secretary Permits were filed under Subpart Q of the Department of Transportation’s DEPARTMENT OF STATE Aviation Proceedings, Agreements Procedural Regulations (See 14 CFR 302.1701 et seq.). The due date for [Public Notice No. 3115] Filed During the Week Ending August 6, 1999 Answers, Conforming Applications, or Motions to Modify Scope are set forth Shipping Coordinating Committee: The following Agreements were filed International Maritime Organization below for each application. Following with the Department of Transportation the Answer period DOT may process the (IMO) Legal Committee; Notice of under the provisions of 49 U.S.C. Meeting application by expedited procedures. Sections 412 and 414. Answers may be Such procedures may consist of the The U.S. Shipping Coordinating filed within 21 days of date of filing. adoption of a show-cause order, a Committee (SHC) will conduct an open Docket Number: OST–99–6055. tentative order, or in appropriate cases meeting at 10:00 a.m., on Monday, Date Filed: August 3, 1999. a final order without further September 27, 1999, in Room 2415 at Parties: Members of the International proceedings. U.S. Coast Guard Headquarters, 2100 Air Transport Association. Docket Number: OST–99–6048. Second Street, SW, Washington, DC The Subject: Date Filed: August 2, 1999. purpose of this meeting is to prepare for PTC COMP 0488 dated 30 July 1999 Due Date for Answers, Conforming the Eightieth Session of the Composite Expedited Resolution 002p Applications, or Motions to Modify International Maritime Organization (Amends Resolution 016a which does Scope: August 30, 1999. Legal Committee (LEG 80), and the Joint not apply in USA/US Territories) Description: Application of Air Class, International Maritime Organization/ (Extract of Minutes and Summary S.A. de C.V. pursuant to 49 U.S.C. International Labor Organization Ad included) Section 41301 et seq. and Subpart Q, Hoc Expert Working Group, to held Intended effective date: 1 September applies for a foreign air carrier permit to

VerDate 18-JUN-99 10:31 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\A17AU3.139 pfrm01 PsN: 17AUN1 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Notices 44775 engage in charter foreign air 12:30 p.m. The working groups will the Coast Guard no later than September transportation of persons, property and meet on Wednesday, September 15, 3, 1999. If you would like a copy of your mail between any point or points in 1999, from 8 a.m. to 3:30 p.m. These material distributed to each member of Mexico and any point or points in the meetings may close early if all business the committee or subcommittee in United States, and in other charter trips is finished. Written material and advance of a meeting, please submit 25 in foreign air transportation. requests to make oral presentations copies to the Assistant Executive Docket Number: OST–99–6076. should reach the Coast Guard on or Director no later than August 27, 1999. Date Filed: August 5, 1999. before September 7, 1999. Requests to Information on Services for Individuals Due Date for Answers, Conforming have a copy of your material distributed With Disabilities Applications, or Motions to Modify to each member of the committee or Scope: September 2, 1999. subcommittee should reach the Coast For information on facilities or Description: Application of Societe Guard on or before September 3, 1999. services for individuals with disabilities Air France pursuant to 49 U.S.C. ADDRESSES: TSAC will meet in room or to request special assistance at the Section 41302, Part 211 and Subpart Q, 2415, U.S. Coast Guard Headquarters, meetings, contact the Assistant applies for amendment of its foreign air 2100 Second Street SW., Washington, Executive Director as soon as possible. carrier permit to engage in foreign air DC. The working groups will begin Dated: August 9, 1999. transportation: (1) Of person, property meeting in the same room and may and mail from points behind France via Joseph J. Angelo, move to separate spaces designated at Acting Assistant Commandant for Marine a point or points in France to a point or that time. Send written material and points in the United States, and beyond Safety and Environmental Protection. requests to make oral presentations to to two points in the Western [FR Doc. 99–21271 Filed 8–16–99; 8:45 am] Mr. Gerald P. Miante, Assistant Hemisphere, points in the French BILLING CODE 4910±15±M Executive Director, Commandant (G– Department of America and points in MSO–1), Room 1210, U.S. Coast Guard the French Territories in the Pacific. (2) Headquarters, 2100 Second Street SW., Of property and mail from points DEPARTMENT OF TRANSPORTATION Washington, DC 20593–0001. This behind France via a point or points in notice is available on the Internet at Coast Guard France and intermediate points to a http://dms.dot.gov. point or points in the United States, and [USCG±1999±6060] beyond. (3) Of persons, property and FOR FURTHER INFORMATION CONTACT: Mr. mail from points behind the French Gerald P. Miante, telephone 202–267– Interference to Maritime Global Department of America via a point or 0229, fax 202–267–4570. Positioning System (GPS) Navigation points in the French Department of SUPPLEMENTARY INFORMATION: Notice of by Mobile Satellite System (MSS) America and intermediate points to a these meetings is given under the Phones and Other Electronic Devices point or points in the United States and Federal Advisory Committee Act, 5 AGENCY: Coast Guard, DOT. beyond. (4) Of persons, property and U.S.C. App. 2. ACTION: Notice; request for comments. mail from points behind French Agendas of Meetings Polynesia via French Polynesia and SUMMARY: The Coast Guard requests intermediate points to a point in the Towing Safety Advisory Committee comments regarding actual or potential United States and beyond. Provided, (TSAC) and working group meetings. interference to Global Positioning that all such services are operated in The agendas tentatively include the System (GPS)-based maritime conformity with the provisions and following: navigation systems, caused by Mobile annexes of the Air Transport Agreement (1) Introduction of the new Executive Satellite Service (MSS) telephones and between the United States and France Director. other electronic devices on vessels. (2) Progress report of the Voyage dated June 18, 1998. Telephones using satellites for Planning Work Group. Dorothy W. Walker, transmission (not land-based cellular (3) Progress report of the Electronic Federal Register Liaison. telephones) and other electronic devices Charting Work Group. may block or interfere with radio wave [FR Doc. 99–21277 Filed 8–16–99; 8:45 am] (4) Progress report from the Tug signals provided to GPS and Differential BILLING CODE 4910±62±P Assistance and Remote Anchor Work GPS (DGPS) receivers. This interference Group. has the potential to adversely affect the (5) Progress report of the DEPARTMENT OF TRANSPORTATION safe navigation and operation of vessels Communications Work Group. that use GPS (including DGPS) for (6) Progress report of the Casualty Coast Guard positioning, autopilot input, or Analysis Work Group. Automatic Identification System (AIS) [USCG±1999±6064] (7) Status update on Cargo Securing transponders that communicate ship Practices. Towing Safety Advisory Committee position and navigation information to Procedural other AIS-equipped vessels or to shore- AGENCY: Coast Guard, DOT. based Vessel Traffic Services. ACTION: Notice of meetings. All meetings are open to the public. Please note that the meetings may close DATES: Comments must reach the SUMMARY: The Towing Safety Advisory early if all business is finished. At the Docket Management Facility on or Committee (TSAC) and its working Chairs’ discretion, members of the before November 15, 1999. groups will meet to discuss various public may make oral presentations ADDRESSES: You may mail your issues relating to shallow-draft inland during the meetings. If you would like comments to the Docket Management and coastal waterway navigation and to make an oral presentation at a Facility, U.S. Department of towing safety. All meetings will be open meeting, please notify the Assistant Transportation, 400 Seventh Street SW., to the public. Executive Director no later than Washington DC 20590–0001, or deliver DATES: TSAC will meet on Thursday, September 7, 1999. Written material for them to room PL–401 on the Plaza Level September 16, 1999, from 8 a.m. to distribution at a meeting should reach of the Nassif Building between 9 a.m.

VerDate 18-JUN-99 10:31 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\A17AU3.118 pfrm01 PsN: 17AUN1 44776 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Notices and 5 p.m., Monday through Friday, The Coast Guard is opening a 90-day limitations, interference between GPS except Federal holidays. The telephone comment period for response to this and MSS is still possible. In addition, number is 202–366–9329. You may notice. To ensure widest dissemination the impact of multiple satellite phones submit comments by fax to the docket of this notice, the Coast Guard will may be cumulative, resulting in management facility at 202–493–2251. publish a summary article in our Marine increased effects on GPS receivers. For You may also submit comments via the Safety Newsletter, and post it on our maritime use, a separation as much as Internet at http://dms.dot.gov. To make Marine Safety Regulations web site at 500 feet may be necessary in some cases sure your comments and related http://www.uscg.mil/hq/g-m/regs/ to prevent a single MSS mobile earth material are not entered more than once current.html. In addition, this terminal from causing interference to a in the docket, please submit them by information will be provided through shipboard GPS receiver. only one of the above-mentioned means. Broadcast Notice to Mariners and The Coast Guard and the National The docket management facility through the Navigation Information Telecommunications and Information maintains the public docket for this Center web site at http:// Administration (NTIA) are considering notice. Comments and material received www.navcen.uscg.mil. testing and documenting interference from the public will become part of this Public Meeting issues relating to MSS phones and GPS. docket and will be available for In addition, the agencies are working We do not plan to hold public inspection or copying at room PL–401 with standards organizations to ensure meeting(s) concerning this notice. You on the Plaza level of the Nassif Building, maritime GPS receivers include means may request a public meeting by writing 400 Seventh Street SW., Washington, limiting their susceptibility to to the Docket Management Facility at DC, between 9 a.m. and 5 p.m., Monday interference. However, additional the address under ADDRESSES. The through Friday, except Federal holidays. alternatives such as developing request should include the reasons why You may also find this docket on the regulations prohibiting or restricting the a meeting would be beneficial. If we internet at http://dms.dot.gov. use of MSS on certain vessels may be determine that the opportunity for oral necessary. For example, airline FOR FURTHER INFORMATION CONTACT: For presentations will be helpful, we will regulations currently prohibit the use of general questions on this notice, contact hold a public meeting at a time and portable electronic devices, such as LT Terry Johns, Office of Aids to place announced by a later notice in the personal cellular phones, on Navigation, Radio Aids Division (G– Federal Register. commercial aircraft because of the OPN–3), Coast Guard, telephone 202– Background and Purpose potential for interference with on-board 267–6538. For technical questions systems. This ban may eventually be relating to this notice, contact, Chief, The transmitters in handheld applied to MSS phones. Airline Spectrum Management Division (G– telephones using satellite regulations may serve as a model for SCT–2) at Commandant (G–SCT–2), communications operate on frequencies similar restrictions needed to protect Coast Guard at 202–267–2860 or via e- adjacent to those for GPS. These vessel navigation safety. Feedback mail at [email protected]. For frequencies are designated for specific provided by the maritime community questions on GPS/DGPS call the Coast use by the International will assist in developing solutions to Guard’s Navigation Information Center Telecommunications Union and the this potential problem. at (703) 313–5900, or visit the Internet Federal Communications Commission. site at http://www.navcen.uscg.mil. Frequencies used for GPS purposes are Comment Issues also regulated, and are allocated the For questions on viewing the docket, The Coast Guard seeks information contact Chief, Dockets, Department of radio frequency band of 1559–1610 MHz. MSS is assigned the radio that may be useful when it considers the Transportation, telephone 202–366– impact of actual or potential 9329. frequency bands on both sides of the GPS band from 1525–1559 MHz and interference to GPS-based maritime SUPPLEMENTARY INFORMATION: The Coast 1610–1660.5 MHz. The GPS signals navigation systems, caused by MSS or Guard encourages you to respond to this from the satellites are of extremely low other electronic devices on vessels. notice by submitting comments and power at the earth’s surface. MSS We need feedback from you on the related material. If you do so, please handsets also operate with relatively following issues: include your name and address, identify low power levels. However, even with (1) The impact of potential regulations the docket number [USCG–1999–6060], these low power levels, MSS handset that prohibit or restrict the use of and the specific section of this notice to transmissions are relatively high power portable electronic devices, such as which each comment applies, and give when compared to the GPS satellite MSS, aboard vessels. How would any the reason for each comment. You may signals arriving on the surface. Even potential regulations affect you? Any submit comments by mail, hand- though MSS and GPS operate on suggestions for the content of these delivery, fax or electronic means to the different frequencies, some energy regulations? docket management facility at the extends outside the allowed satellite (2) What, if any standards, should be address under ADDRESSES. If you submit telephone frequency band to the GPS established to limit susceptibility of them by mail or hand-delivery, please frequency band. The Federal GPS receivers to interference? submit all comments and attachments in Communications Commission, in a (3) We would like to hear about an unbound format, no larger than 81⁄2 Notice of Proposed Rulemaking, (IB instances of GPS/MSS interference or by 11 inches, suitable for copying and Docket 99–67, Amendment of Parts 2 other GPS interference cases. For electronic filing. and 25 to Implement the Global Mobile comments reporting on specific If you submit them by mail and want Personal Communications by Satellite) instances of GPS (including Differential acknowledgment of receipt of your released March 5, 1999, proposes to GPS) interference, please describe the comments at the facility, enclose a limit wideband emission of MSS mobile incident as completely as possible. stamped, self-addressed postcard or earth terminals in the bands used by Useful information may include envelope. We will consider all GPS to ¥70 dBw (decibels above 1 watt location of incident (latitude/longitude), comments and material received during per MegaHertz), and narrowband type and description of vessel, the comment period. emissions to ¥80 dBw. Even with these description of equipment involved,

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Assistance Division, Attention: Auditors engaged to audit the air [FR Doc. 99–21270 Filed 8–16–99; 8:45 am] Passenger Facility Charge Branch (APP– 530), 800 Independence Avenue, S.W., carrier’s PFC accounts are required to BILLING CODE 4910±15±P Room 619, Washington, DC 20591. report ‘‘ on the fairness and FOR FURTHER INFORMATION CONTACT: reasonableness of the carrier’s procedures for collecting, holding, and DEPARTMENT OF TRANSPORTATION Joseph Hebert, Program Analyst, Passenger Facility Charge Branch, dispersing PFC revenues.’’ In addition, Federal Aviation Administration Airports Financial Assistance Division auditors are required to report whether (APP–530), Federal Aviation the quarterly reports of PFC accounts Passenger Facility Charge Audit Guide Administration, 800 Independence that the air carriers must provide to for Air CarriersÐProcedures for Avenue, S.W., Washington, DC 20591, airports ‘‘fairly represent the net Examining Air Carrier Passenger (202) 267–3845. transactions in the PFC account’’ (section 158.69(b)(1) of Part 158). The Facility Charge Collection, Remittance, SUPPLEMENTARY INFORMATION: Title 49, and Reporting Practices FAA expects these audits to be filed in USC, Section 40117, authorizes the a timely manner and should normally AGENCY: Federal Aviation Secretary of Transportation (further coincide with the carrier’s fiscal year Administration, Department of delegated to the FAA Administrator) to and annual corporate audit cycle. Transportation. approve the local imposition of a PFC of To facilitate the conduct of audits that $1, $2, or $3 per enplaned passenger for meet the requirements of the statute and ACTION: Notice of availability; Request use on certain airport projects. On May for comments. regulation, the FAA has prepared the 29, 1991, the FAA issued 14 CFR Part Passenger Facility Charge Audit Guide 158 outlining policies and procedures SUMMARY: The Federal Aviation for Air Carriers. The procedures Administration (FAA) is issuing interim for the PFC program. Under Part 158, contained in the guide for testing and guidance for conducting annual audits public agencies controlling commercial reporting on PFC’s collected, withheld, of air carrier Passenger Facility Charge service airports can apply to the FAA refunded/exchanged, and remitted (PFC) collection, remittance, and for authority to impose a PFC for use on during the year are intended to assist reporting practices. An air carrier eligible projects. The proceeds from the auditor in accomplishing the audit collecting PFC’s from at least 50,000 such PFC’s are to be used to finance and internal control structure passengers annually is required to approval, eligible airport-related attestation. This guide is not intended to provide for an annual audit of its PFC projects. supplant the auditor’s judgment of Once a public agency’s application for accounts by an accredited independent procedures to be performed. The auditor the imposition of a PFC is approved by public accountant. An auditor engaged should use professional judgment to the FAA, it must notify air carriers and to audit the air carrier’s PFC accounts is tailor the procedures so that the audit foreign air carriers required to collect required to report ‘‘on the fairness and objectives are achieved. However, the PFC’s at its airport(s) of the approval. reasonableness of the carrier’s auditor must address all applicable Once notified, an air carrier is required procedures for collecting, holding, and internal control requirements. to collect PFC’s on tickets it issues dispersing PFC revenues.’’ In addition, The interim guidance describes the showing an enplacnement at that airport an auditor is required to report whether collection, remittance, and reporting (with certain exceptions). The air carrier the quarterly reports of PFC accounts requirements of 14 Code of Federal is also required to notify its agents, that the air carriers must provide to Regulations (CFR) Part 158 (the including other issuing carriers, of the airports ‘‘fairly represent the net implementing regulation for Title 49, collection requirements. Air carriers or transactions in the PFC account.’’ United States Code (USC), Section their agents collect PFC’s from 40117, that established PFC authority) The interim guidance is issued for a passengers on behalf of the public in a requirements-objective-procedure one-year review and comment period. It agency at the time of air travel ticket (or format. This format is similar to that is intended that this interim guidance be its equivalent) issuance. Air carriers are used in the FAA Airport Improvement used for air carrier PFC audits will final responsible for all PFC funds from the program supplement to OMB Circular guidance is issued, which will occur time of collection to remittance to the A–133 and should appear familiar to after the evaluation and disposition of public agency and must provide auditors. comments from the review period. Use quarterly reports to the public agency The guide also relies on the testing of of the interim and final guidance is showing the total amounts of PFC nonstatistical samples of lifted tickets or voluntary, although the FAA will have revenue collected and refunded, as well equivalent records as an agreed-upon greater confidence in audits conducted as any amount withheld by the air procedure for providing an airport-level in accordance with the guide. carrier as collection compensation in assessment of air carrier compliance Interested parties may access the accordance with section 158.53 of Part with part 158 collection and remittance Passenger Facility Charge Audit Guide 158. For the purposes of an audit under requirements. An air carrier utilizing for Air Carriers through the Internet at section 158.69, collection is defined as these procedures should provide copies http://www.faa.gov/arp/audit.htm. the point when agents or other of the agreed-upon procedures to Alternatively, the guide may be intermediaries remit PFC revenue to the requesting public agencies. The carrier obtained by contacting the individual carrier. should also provide a copy of the listed below under the heading FOR An air carrier collecting PFC’s from at reports to the FAA, if requested. FURTHER INFORMATION CONTACT. least 50,000 passengers annually is The use of this guide by auditors on DATES: Interim guidance effective required to provide for an annual audit behalf of the air carriers will provide the August 17, 1999; Comments must be of its PFC accounts by an accredited FAA and airports collecting PFC’s with

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Type of Review: Extension. auditors for an air carrier will provide Title: Foreign Trade Zone Annual sufficient assurance that the air carrier U.S. Customs Service (CUS) Reconciliation Certification and Record has met the requirements of Part 158 OMB Number: 1515–0061. Keeping Requirement. such that the FAA would not normally Form Number: Customs Form 1304. Description: Each Foreign Trade Zone require additional reports, undertake an Type of Review: Extension. Operator will be responsible for audit of the carrier, or request Title: Crew Effects Declaration. maintaining its inventory control in Department of Transportation, Office of Description: Customs Form 1304 is compliance with statute and the Inspector General (DOT OIG), completed by the master of the arriving regulations. The operator will furnish intervention on the FAA’s behalf. The carrier to record and list the crew’s Customs an annual certification of their FAA would not normally initiate further effects that are accompanying them on compliance. monitoring efforts unless an airport or the trip, which are defined as Respondents: Business or other for- other source subsequently substantiates merchandise under U.S. statutes. It is profit, Not-for-profit institutions a significant violation of the regulation. also used by the master of the vessel to Estimated Number of Recordkeepers: The FAA will not have the same level attest to the truthfulness of the 260. of confidence with an air carrier whose merchandise being carried aboard the Estimated Burden Hours Per auditors have not used the procedures vessel as crew’s effects. Recordkeeper: 1 hr., 10 min. outlined in this guide. Accordingly, Respondents: Individuals or Frequency of Response: Annually. alleged collection and remittance households, Business or other for-profit. Estimated Total Recordkeeping discrepancies raised by airports through Estimated Number of Respondents: Burden: 195 hours. their monitoring of local PFC revenue 9,000. OMB Number: 1515–0175. against air carriers whose auditors have Estimated Burden Hours Per Form Number: None. not used this guidance are more likely Respondent: 5 minutes. Type of Review: Extension. to trigger additional FAA monitoring Frequency of Response: On occasion. Title: Documents Required Aboard activities, including requiring additional Estimated Total Reporting Burden: Private Aircraft. reports, the undertaking of an audit, or 17,168 hours. Description: The documents required by Customs regulations for private a request for DOT OIG intervention. OMB Number: 1515–0069. This guidance shall not, however, aircraft arriving from foreign countries Form Number: Customs Forms 3461 pertain only to baggage declarations. foreclose other FAA options for and 3461 Alternate. enforcing correct collection and Customs’ also requires that the pilots Type of Review: Extension. present documents required by FAA to remittance procedures and responding Title: Immediate Delivery to allegations of improper collection and be on the plane. Application. Respondents: Individuals or remittance practices. The FAA expects Description: Customs Form 3461 and households, Business or other for-profit. air carriers to attain a reasonable level 3461 Alternate are used by importers to Estimated Number of Respondents: of accuracy with regard to PFC provide Customs with the necessary 150,000. remittances. information in order to examine and Estimated Burden Hours Per Issued in Washington, DC on August 10, release imported cargo. Respondent: 1 minute. 1999. Respondents: Business or other for- Frequency of Response: On occasion. Catherine M. Lang, profit. Estimated Total Reporting Burden: Acting Director, Office of Airport Planning Estimated Number of Respondents: 2,490 hours. and Programming. 6,100. OMB Number: 1515–0178. [FR Doc. 99–21276 Filed 8–16–99; 8:45 am] Estimated Burden Hours Per Form Number: None. Respondent: 3 minutes. BILLING CODE 4910±13±M Type of Review: Extension. Frequency of Response: On occasion. Title: Automotive Products Trade Act Estimated Total Reporting Burden: of 1965. 949,500 hours. DEPARTMENT OF THE TREASURY Description: Under the Automotive OMB Number: 1515–0124. Products Trade Act (APTA), Canadian Submission for OMB Review; Form Number: None. articles may enter the United States so Comment Request Type of Review: Extension. long as they are intended for use as Title: Disclosure of Information on original motor vehicle equipment in the August 6, 1999. Vessel Manifest. United States. If diverted to other The Department of the Treasury has Description: This information is used purposes, they are subject to duties. submitted the following public to grant a domestic importer’s, This information collection is issued to information collection requirement(s) to consignee’s, and exporter’s request for track these diverted articles and to OMB for review and clearance under the confidentially of its identity from public collect the proper duties on them. Paperwork Reduction Act of 1995, disclosure. Respondents: Business or other for- Public Law 104–13. Copies of the Respondents: Business or other for- profit, Individuals or households. submission(s) may be obtained by profit, Individuals or households, Not- Estimated Number of Respondents/ calling the Treasury Bureau Clearance for-profit institutions. Recordkeepers: 240. Officer listed. Comments regarding this Estimated Number of Respondents: Estimated Burden Hours Per information collection should be 578. Respondent/Recordkeeper: 15 minutes.

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Frequency of Response: On occasion. DATES: Written comments should be Learning about the law or 28 min. Estimated Total Reporting/ received on or before September 16, the form. Recordkeeping Burden: 3,100 hours. 1999 to be assured of consideration. Preparing the form ...... 1 hr., 11 min. Copying, assembling, and 35 min. OMB Number: 1515–0212. Internal Revenue Service (IRS) sending the form to the Form Number: None. IRS. Type of Review: Extension. OMB Number: 1545–0003. Title: Prior Disclosure Regulations. Form Number: IRS Forms SS–4 and Frequency of Response: On occasion. Estimated Total Reporting/ Description: This collection of SS–4PR. Recordkeeping Burden: 10,369,761 information is required to implement a Type of Review: Extension. hours. provision of the Customs Modernization Title: Application for Employer of the North American Free Trade Identification Number (SS–4); and OMB Number: 1545–0127. ´ ´ Implementation Act (Mod Act) Solicitud de Numero de Identificacion Form Number: IRS Form 1120–H. concerning prior disclosure by a person Patronal (EIN) (SS–4PR). Type of Review: Extension. Description: Taxpayers required to Title: U.S. Income Tax Return for of a violation of law committed by that have an identification number for use Homeowners Associations. person involving the entry or on any return, statement, or other Description: Homeowners introduction or attempted entry or document must prepare and file Form associations file Form 1120–H to report introduction of merchandise into the SS–4PR (Puerto Rico only) to obtain a income, deductions, and credits. The United States by fraud, gross negligence number. The information is used by the form is also used to report the income or negligence, pursuant to 19 U.S.C. IRS and the SSA in tax administration tax liability of the homeowners 1592(c)(4), as amended. and by the Bureau of the Census for association. The IRS uses Form 1120–H Respondents: Business or other for- business statistics. to determine if the income, deductions, profit, Individuals or households, Not- Respondents: Business or other for- and credits have been correctly for-profit institutions. profit, Individuals and households, Not- computed. The form is also used for Estimated Number of Respondents: for-profit institutions, Farms, Federal statistical purposes. 3,500. Government, State, Local or Tribal Respondents: Business or other for- Estimated Burden Hours Per Government. profit, Individuals or households. Respondent: 1 hour. Estimated Number of Respondents/ Estimated Number of Respondents/ Frequency of Response: On occasion. Recordkeepers: 2,419,064. Recordkeepers: 112,311. Estimated Total Reporting Burden: Estimated Burden Hours Per Estimated Burden Hours Per 3,500 hours. Respondent/Recordkeeper: Respondent/Recordkeeper: Clearance Officer: J. Edgar Nichols Recordkeeping ...... 11 hr., 29 min. (202) 927–1426, U.S. Customs Service, Form Form Learning about the law or 5 hr., 20 min. Printing and Records Management SS±4 SS±4PR the form. Branch, Ronald Reagan Building, 1300 (in min- (in min- Preparing the form ...... 13 hr., 12 min. Pennsylvania Avenue, NW., Room utes) utes) Copying, assembling, and 2 hr., 9 min. 3.2.C, Washington, DC 20229. sending the form to the Recordkeeping ...... 7 7 IRS. OMB Reviewer: Alexander T. Hunt Learning about the (202) 395–7860, Office of Management law or the form ...... 22 25 Frequency of Response: Annually. and Budget, Room 10202, New Preparing the form .... 46 46 Estimated Total Reporting/ Executive Office Building, Washington, Copying, assembling, Recordkeeping Burden: 3,611,922 hours. DC 20503. and sending the OMB Number: 1545–1467. form to the IRS ..... 20 20 Lois K. Holland, Form Number: IRS Forms 9779, Departmental Reports Management Officer. 9779(SP), 9783, 9783(SP), 9787, Frequency of Response: On occasion. [FR Doc. 99–21297 Filed 8–16–99; 8:45 am] 9787(SP), 9789, 9789(SP), and 12252. Estimated Total Reporting/ BILLING CODE 4820±02±P Type of Review: Extension. Recordkeeping Burden: 3,846,692 hours. Title: Electronic Federal Tax Payment OMB Number: 1545–0091. System (EFTPS). DEPARTMENT OF THE TREASURY Form Number: IRS Form 1040X. Description: Enrollment is vital to the Type of Review: Extension. implementation of the Electronic Submission for OMB Review; Title: Amended U.S. Individual Federal Tax Payment System (EFTPS). Comment Request Income Tax Return. EFTPS is an electronic remittance Description: Form 1040X is used by processing system that the Service will August 6, 1999. individuals to amend an original tax use to accept electronically transmitted return to claim a refund of income taxes, The Department of Treasury has federal tax payments. This system is a pay additional income taxes, or submitted the following public necessary outgrowth of advanced designate $3 to the Presidential Election information collection requirement(s) to information and communication Campaign Fund. The information is OMB for review and clearance under the technologies. Paperwork Reduction Act of 1995, needed to help verify that the individual Respondents: Individuals or Public Law 104–13. Copies of the has correctly figured his or her income households, Business or other for-profit, submission(s) may be obtained by tax. State, Local or Tribal Government. calling the Treasury Bureau Clearance Respondents: Individuals or Estimated Number of Respondents: Officer listed. Comments regarding this households, Business or other for-profit, 4,471,000. information collection should be Farms. Estimated Burden Hours Per addressed to the OMB reviewer listed Estimated Number of Respondents/ Respondent: 20 minutes. and to the Treasury Department Recordkeepers: 2,929,311. Frequency of Response: On occasion, Clearance Officer, Department of the Estimated Burden Hours Per Quarterly. Treasury, Room 2110, 1425 New York Respondent/Recordkeeper: Estimated Total Reporting Burden: Avenue, NW., Washington, DC 20220. Recordkeeping ...... 1 hr., 19 min. 1,490,019 hours.

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Clearance Officer: Garrick Shear, collection of information; (c) ways to SUMMARY: As part of its continuing effort Internal Revenue Service, Room 5571, enhance the quality, utility, and clarity to reduce paperwork and respondent 1111 Constitution Avenue, NW, of the information to be collected; (d) burden, Customs invites the general Washington, DC 20224. ways to minimize the burden including public and other Federal agencies to OMB Reviewer: Alexander T. Hunt, the use of automated collection comment on an information collection (202) 395–7860, Office of Management techniques or the use of other forms of requirement concerning the Transfer of and Budget, Room 10202, New information technology; and (e) the Cargo to a Container Station. This Executive Office Building, Washington, annual costs burden to respondents or request for comment is being made DC 20503. record keepers from the collection of pursuant to the Paperwork Reduction Lois K. Holland, information (a total capital/startup costs Act of 1995 (Pub. L. 104–13; 44 U.S.C. Departmental Reports, Management Officer. and operations and maintenance costs). 3505(c)(2)). [FR Doc. 99–21298 Filed 8–16–99; 8:45 am] The comments that are submitted will DATES: Written comments should be BILLING CODE 4830±01±P be summarized and included in the received on or before October 18, 1999, Customs request for Office of to be assured of consideration. Management and Budget (OMB) ADDRESSES: Direct all written comments DEPARTMENT OF THE TREASURY approval. All comments will become a to U.S. Customs Service, Information matter of public record. In this Services Group, Room 3.2.C, 1300 Customs Service document Customs is soliciting Pennsylvania Avenue, NW, Washington, comments concerning the following Proposed Collection; Comment D.C. 20229. information collection: Request, Reporting Requirements for FOR FURTHER INFORMATION CONTACT: Title: Reporting Requirements for Vessels, Vehicles, and Individuals Requests for additional information or Vessels, Vehicles, and Individuals. copies of the form and instructions AGENCY: U.S. Customs, Department of OMB Number: 1515–0203. should be directed to U.S. Customs the Treasury. Form Number: N/A. Service, Attn.: J. Edgar Nichols, Room ACTION: Notice and request for Abstract: These regulations pertain to 3.2.C, 1300 Pennsylvania Avenue NW, comments. the arrival, entry, and departure Washington, D.C. 20229, Tel. (202) 927– reporting requirements applicable to 1426. SUMMARY: As part of its continuing effort vessels, vehicles, and individuals and SUPPLEMENTARY INFORMATION: to reduce paperwork and respondent informs the public regarding applicable Customs burden, Customs invites the general penalty, seizure, and forfeiture invites the general public and other public and other Federal agencies to provisions for violating these Federal agencies to comment on comment on an information collection requirements. proposed and/or continuing information requirement concerning the Reporting Current Actions: There are no changes collections pursuant to the Paperwork Requirements for Vessels, Vehicles, and to the information collection. This Reduction Act of 1995 (Public Law 104– Individuals. This request for comment is submission is being submitted to extend 13; 44 U.S.C. 3505(c)(2)). The comments being made pursuant to the Paperwork the expiration date. should address: (a) Whether the Reduction Act of 1995 (Pub. L. 104–13; Type of Review: Extension (without collection of information is necessary 44 U.S.C. 3505(c)(2)). change). for the proper performance of the DATES: Written comments should be Affected Public: Business or other for- functions of the agency, including received on or before October 18, 1999, profit institutions and individuals. whether the information shall have to be assured of consideration. Estimated Number of Respondents: practical utility; (b) the accuracy of the agency’s estimates of the burden of the ADDRESSES: Direct all written comments 200,000. collection of information; (c) ways to to U.S. Customs Service, Information Estimated Time Per Respondent: 1 enhance the quality, utility, and clarity Services Group, Room 3.2.C, 1300 minutes. of the information to be collected; (d) Pennsylvania Avenue, NW, Washington, Estimated Total Annual Burden ways to minimize the burden including D.C. 20229. Hours: 1,500. the use of automated collection FOR FURTHER INFORMATION CONTACT: Estimated Total Annualized Cost on the Public: $18,000. techniques or the use of other forms of Requests for additional information or information technology; and (e) the copies of the form and instructions Dated: August 11, 1999. annual costs burden to respondents or should be directed to U.S. Customs J. Edgar Nichols, record keepers from the collection of Service, Attn.: J. Edgar Nichols, Room Agency Clearance Officer, Information information (a total capital/startup costs 3.2.C, 1300 Pennsylvania Avenue NW, Services Branch. and operations and maintenance costs). Washington, D.C. 20229, Tel. (202) 927– [FR Doc. 99–21223 Filed 8–16–99; 8:45 am] The comments that are submitted will 1426. BILLING CODE 4820±02±P be summarized and included in the SUPPLEMENTARY INFORMATION: Customs Customs request for Office of invites the general public and other Management and Budget (OMB) Federal agencies to comment on DEPARTMENT OF THE TREASURY approval. All comments will become a proposed and/or continuing information matter of public record. In this collections pursuant to the Paperwork Customs Service document Customs is soliciting Reduction Act of 1995 (Pub. L. 104–13; Proposed Collection; Comment comments concerning the following 44 U.S.C. 3505(c)(2)). The comments information collection: should address: (a) Whether the Request; Transfer of Cargo to a Container Station Title: Transfer of Cargo to a Container collection of information is necessary Station. for the proper performance of the AGENCY: U.S. Customs, Department of OMB Number: 1515–0142. functions of the agency, including the Treasury. Form Number: N/A. whether the information shall have Abstract: The container station ACTION: Notice and request for practical utility; (b) the accuracy of the operator may file an application for comments. agency’s estimates of the burden of the transfer of a container intact to a

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This Abroad Who Receives and is functions of the agency, including Returning Merchandise to the U.S. submission is being submitted to extend whether the information shall have the expiration date. practical utility; (b) the accuracy of the AGENCY: U.S. Customs, Department of Type of Review: Extension (without agency’s estimates of the burden of the the Treasury. change). ACTION: Notice and request for Affected Public: Business or other for- collection of information; (c) ways to comments. profit institutions. enhance the quality, utility, and clarity Estimated Number of Respondents: of the information to be collected; (d) SUMMARY: As part of its continuing effort 360. ways to minimize the burden including to reduce paperwork and respondent Estimated Time Per Respondent: 6 the use of automated collection burden, Customs invites the general minutes. techniques or the use of other forms of public and other Federal agencies to Estimated Total Annual Burden information technology; and (e) comment on an information collection Hours: 1,872. estimates of capital or start-up costs and requirement concerning the Declaration Estimated Total Annualized Cost on costs of operations, maintenance, and of a Person Abroad Who Receives and the Public: $18,720. purchase of services to provide is Returning Merchandise to the U.S. Dated: August 11, 1999. information. The comments that are This request for comment is being made J. Edgar Nichols, submitted will be summarized and pursuant to the Paperwork Reduction Agency Clearance Officer, Information included in the Customs request for Act of 1995 (Public Law 104–13; 44 Services Branch. Office of Management and Budget U.S.C. 3505(c)(2)). [FR Doc. 99–21224 Filed 8–16–99; 8:45 am] (OMB) approval. All comments will DATES: Written comments should be BILLING CODE 4820±02±P become a matter of public record. In this received on or before October 18, 1999, document Customs is soliciting to be assured of consideration. comments concerning the following ADDRESSES: Direct all written comments DEPARTMENT OF THE TREASURY information collection: to U.S. Customs Service, Information Services Group, Room 3.2.C, 1300 Title: Textile and Textile Products. Customs Service Pennsylvania Avenue, NW, Washington, OMB Number: 1515–0140. D.C. 20229. Proposed Collection; Comment Request; Textile and Textile Products Form Number: N/A. FOR FURTHER INFORMATION CONTACT: Abstract: Information is needed for Requests for additional information or ACTION: Notice and request for Customs to be able to identify the copies of the form and instructions comments. Country of Origin of Textiles. The should be directed to U.S. Customs requirement prevents circumvention of Service, Attn.: J. Edgar Nichols, Room SUMMARY: As part of its continuing effort 3.2.C, 1300 Pennsylvania Avenue NW, bilateral agreements and ensures the to reduce paperwork and respondent Washington, D.C. 20229, Tel. (202) 927– proper assessment of duties. The burden, Customs invites the general 1426. public and other Federal agencies to declaration will be executed by the SUPPLEMENTARY INFORMATION: Customs comment on an information collection foreign manufacturer, exporter, or U.S. invites the general public and other requirement concerning Textile and importer to be filed with the entry. Federal agencies to comment on Textile Products. This request for Current Actions: There are no changes proposed and/or continuing information comment is being made pursuant to the to the information collection. collections pursuant to the Paperwork Paperwork Reduction Act of 1995 (Pub. Reduction Act of 1995 (Pub. L. 104–13; L. 104–13; 44 U.S.C. 3505(c)(2)). Type of Review: Extension (without change). 44 U.S.C. 3505(c)(2)). The comments DATES: Written comments should be should address: (a) Whether the received on or before October 18, 1999, Affected Public: Businesses. collection of information is necessary to be assured of consideration. Estimated Number of Respondents: for the proper performance of the ADDRESSES: Direct all written comments 45,810. functions of the agency, including to U.S. Customs Service, Information Estimated Time Per Respondent: 7 whether the information shall have Services Group, Room 3.2.C, 1300 minutes. practical utility; (b) the accuracy of the Pennsylvania Avenue, NW, Washington, agency’s estimates of the burden of the D.C. 20229. Estimated Total Annual Burden collection of information; (c) ways to FOR FURTHER INFORMATION CONTACT: Hours: 133,582. enhance the quality, utility, and clarity Requests for additional information or Estimated Total Annualized Cost on of the information to be collected; (d) copies of the form and instructions the Public: $51,469,402.00. ways to minimize the burden including should be directed to U.S. Customs Dated: August 11, 1999. the use of automated collection Service, Attn.: J. Edgar Nichols, Room techniques or the use of other forms of 3.2.C, 1300 Pennsylvania Avenue NW, J. Edgar Nichols, information technology; and (e) the Washington, D.C. 20229, Tel. (202) 927– Agency Clearance Officer, Information annual costs burden to respondents or 1426. Services Branch. record keepers from the collection of SUPPLEMENTARY INFORMATION: Customs [FR Doc. 99–21225 Filed 8–16–99; 8:45 am]. information (a total capital/startup costs invites the general public and other BILLING CODE 4820±02±P and operations and maintenance costs). Federal agencies to comment on The comments that are submitted will proposed and/or continuing information be summarized and included in the

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Customs request for Office of Entry is Made by an Agent. This request which is required by statute. These Management and Budget (OMB) for comment is being made pursuant to forms also permits a nominal importer approval. All comments will become a the Paperwork Reduction Act of 1995 of record to file the declaration of the matter of public record. In this (Public Law 104–13; 44 U.S.C. actual owner and to be relieved of document Customs is soliciting 3505(c)(2)). statutory liability for the payment of comments concerning the following DATES: Written comments should be increased duties. information collection: received on or before October 18, 1999, Current Actions: There are no changes Title: Declaration of a Person Abroad to be assured of consideration. to the information collection. This Who Receives and is Returning ADDRESSES: Direct all written comments submission is being submitted to extend Merchandise to the U.S. to U.S. Customs Service, Information the expiration date. OMB Number: 1515–0108. Services Group, Room 3.2.C, 1300 Type of Review: Extension (without Form Number: N/A. Pennsylvania Avenue, NW, Washington, change). Abstract: The declaration is used D.C. 20229. Affected Public: Business or other for- under conditions where articles are FOR FURTHER INFORMATION CONTACT: profit institutions. imported and then exported and then Requests for additional information or Estimated Number of Respondents: reimported free of duty due to the copies of the form and instructions 950. declaration, it is used insured Customs Estimated Time Per Respondent: 6 should be directed to U.S. Customs control over duty free merchandise. minutes. Service, Attn.: J. Edgar Nichols, Room Current Actions: There are no changes Estimated Total Annual Burden 3.2.C, 1300 Pennsylvania Avenue NW, to the information collection. This Hours: 570. Washington, D.C. 20229, Tel. (202) 927– submission is being submitted to extend Estimated Total Annualized Cost on 1426. the expiration date. the Public: $12,312. SUPPLEMENTARY INFORMATION: Customs Type of Review: Extension (without Dated: August 11, 1999. change). invites the general public and other J. Edgar Nichols, Affected Public: Individuals, business Federal agencies to comment on or other for-profit institutions. proposed and/or continuing information Agency Clearance Officer, Information Services Branch. Estimated Number of Respondents: collections pursuant to the Paperwork 500. Reduction Act of 1995 (Pub. L. 104–13; [FR Doc. 99–21227 Filed 8–16–99; 8:45 am] Estimated Time Per Respondent: 10 44 U.S.C. 3505(c)(2)). The comments BILLING CODE 4820±02±P minutes. should address: (a) Whether the Estimated Total Annual Burden collection of information is necessary DEPARTMENT OF THE TREASURY Hours: 292. for the proper performance of the functions of the agency, including Estimated Total Annualized Cost on Internal Revenue Service the Public: $5,942. whether the information shall have practical utility; (b) the accuracy of the [IA±38±90] Dated: August 11, 1999. agency’s estimates of the burden of the J. Edgar Nichols, collection of information; (c) ways to Proposed Collection; Comment Agency Clearance Officer, Information enhance the quality, utility, and clarity Request For Regulation Project Services Branch. of the information to be collected; (d) [FR Doc. 99–21226 Filed 8–16–99; 8:45 am] AGENCY: Internal Revenue Service (IRS), ways to minimize the burden including Treasury. BILLING CODE 4820±02±P the use of automated collection techniques or the use of other forms of ACTION: Notice and request for information technology; and (e) the comments. DEPARTMENT OF THE TREASURY annual costs burden to respondents or SUMMARY: The Department of the Customs Service record keepers from the collection of Treasury, as part of its continuing effort information (a total capital/startup costs to reduce paperwork and respondent Proposed Collection; Comment and operations and maintenance costs). burden, invites the general public and Request; Declaration of Owner of The comments that are submitted will other Federal agencies to take this Merchandise Obtained (Other Than) in be summarized and included in the opportunity to comment on proposed Pursuance of a Purchase or Customs request for Office of and/or continuing information Agreement to Purchase and Management and Budget (OMB) collections, as required by the Declaration of Importer of Record approval. All comments will become a Paperwork Reduction Act of 1995, When Entry Is Made by an Agent matter of public record. In this Public Law 104–13 (44 U.S.C. document Customs is soliciting 3506(c)(2)(A)). Currently, the IRS is AGENCY: U.S. Customs, Department of comments concerning the following soliciting comments concerning an the Treasury. information collection: existing final regulation, IA–38–90 (TD ACTION: Notice and request for Title: Declaration of Owner of 8382), Penalty on Income Tax Return comments. Merchandise Obtained (other than) in Preparers Who Understate Taxpayer’s Pursuance of a Purchase or Agreement Liability on a Federal Income Tax SUMMARY: As part of its continuing effort to Purchase and Declaration of Importer to reduce paperwork and respondent Return or a Claim for Refund of Record When Entry is Made by an (§§ 1.6694–2(c) and 1.6694–3(e)). burden, Customs invites the general Agent. public and other Federal agencies to OMB Number: 1515–0050. DATES: Written comments should be comment on an information collection Form Number: Customs Forms 3347 received on or before October 18, 1999 requirement concerning the Declaration and 3347A. to be assured of consideration. of Owner of Merchandise Obtained Abstract: Customs Form 3347 and ADDRESSES: Direct all written comments (other than) in Pursuance of a Purchase 3347A allows an agent to submit, to Garrick R. Shear, Internal Revenue or Agreement to Purchase and subsequent to making the entry, the Service, room 5244, 1111 Constitution Declaration of Importer of Record When declaration of the importer of record Avenue NW., Washington, DC 20224.

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FOR FURTHER INFORMATION CONTACT: information to be collected; (d) ways to OMB Number: 1545–1209. Requests for additional information or minimize the burden of the collection of Regulation Project Number: IA–83–90 copies of this regulation should be information on respondents, including (Final). directed to Faye Bruce, (202) 622–6665, through the use of automated collection Abstract: These regulations govern the Internal Revenue Service, room 5244, techniques or other forms of information circumstances under which tax return 1111 Constitution Avenue NW., technology; and (e) estimates of capital information may be disclosed for Washington, DC 20224. or start-up costs and costs of operation, purposes of conducting quality or peer SUPPLEMENTARY INFORMATION: maintenance, and purchase of services reviews, and disclosures that are Title: Penalty on Income Tax Return to provide information. necessary because of the tax return Preparers Who Understate Taxpayer’s Approved: August 10, 1999. preparer’s death or incapacity. Liability on a Federal Income Tax Garrick R. Shear, Current Actions: There is no change to Return or Claim for Refund. IRS Reports Clearance Officer. this existing regulation. OMB Number: 1545–1231. [FR Doc. 99–21213 Filed 8–16–99; 8:45 am] Type of Review: Extension of a Regulation Project Number: IA–38–90 BILLING CODE 4830±01±U currently approved collection. (Final). Affected Public: Business or other for- Abstract: These regulations set forth profit organizations. rules under section 6694 of the Internal DEPARTMENT OF THE TREASURY Revenue Code regarding the penalty for Estimated Number of Respondents: understatement of a taxpayer’s liability Internal Revenue Service 250,000. on a Federal income tax return or claim Estimated Time Per Respondent: 1 [IA±83±90] for refund. In certain circumstances, the hour. preparer may avoid the penalty by Proposed Collection; Comment Estimated Total Annual Burden disclosing on a Form 8275 or by Request For Regulation Project. Hours: 250,000. advising the taxpayer or another The following paragraph applies to all preparer that disclosure is necessary. AGENCY: Internal Revenue Service (IRS), of the collections of information covered Current Actions: There is no change to Treasury. by this notice: this existing regulation. ACTION: Notice and request for An agency may not conduct or Type of Review: Extension of a comments. sponsor, and a person is not required to currently approved collection. respond to, a collection of information SUMMARY: The Department of the Affected Public: Business or other for- unless the collection of information profit organizations, and individuals or Treasury, as part of its continuing effort to reduce paperwork and respondent displays a valid OMB control number. households. Books or records relating to a collection Estimated Number of Respondents: burden, invites the general public and other Federal agencies to take this of information must be retained as long 100,000. as their contents may become material Estimated Time Per Respondent: 30 opportunity to comment on proposed and/or continuing information in the administration of any internal min. revenue law. Generally, tax returns and Estimated Total Annual Burden collections, as required by the Paperwork Reduction Act of 1995, tax return information are confidential, Hours: 50,000 hours. as required by 26 U.S.C. 6103. The following paragraph applies to all Public Law 104–13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is Request for Comments: Comments of the collections of information covered submitted in response to this notice will by this notice: soliciting comments concerning an existing final regulation, IA–83–90 (TD be summarized and/or included in the An agency may not conduct or request for OMB approval. All sponsor, and a person is not required to 8383), Disclosure of Tax Return Information for Purposes of Quality or comments will become a matter of respond to, a collection of information public record. Comments are invited on: unless the collection of information Peer Reviews; Disclosure of Tax Return Information Due to Incapacity or Death (a) whether the collection of information displays a valid OMB control number. is necessary for the proper performance Books or records relating to a collection of Tax Return Preparer (§ 301.7216– 2(o)). of the functions of the agency, including of information must be retained as long whether the information shall have DATES: Written comments should be as their contents may become material practical utility; (b) the accuracy of the in the administration of any internal received on or before October 18, 1999 to be assured of consideration. agency’s estimate of the burden of the revenue law. Generally, tax returns and collection of information; (c) ways to ADDRESSES: Direct all written comments tax return information are confidential, enhance the quality, utility, and clarity to Garrick R. Shear, Internal Revenue as required by 26 U.S.C. 6103. of the information to be collected; (d) Service, room 5244, 1111 Constitution Request for Comments: Comments ways to minimize the burden of the Avenue NW., Washington, DC 20224. submitted in response to this notice will collection of information on be summarized and/or included in the FOR FURTHER INFORMATION CONTACT: respondents, including through the use request for OMB approval. All Requests for additional information or of automated collection techniques or comments will become a matter of copies of this regulation should be other forms of information technology; public record. Comments are invited on: directed to Faye Bruce, (202) 622–6665, and (e) estimates of capital or start-up (a) Whether the collection of Internal Revenue Service, room 5244, costs and costs of operation, information is necessary for the proper 1111 Constitution Avenue NW., maintenance, and purchase of services performance of the functions of the Washington, DC 20224. to provide information. agency, including whether the SUPPLEMENTARY INFORMATION: information shall have practical utility; Title: Disclosure of Tax Return Approved: August 10, 1999. (b) the accuracy of the agency’s estimate Information for Purposes of Quality or Garrick R. Shear, of the burden of the collection of Peer Reviews; Disclosure of Tax Return IRS Reports Clearance Officer. information; (c) ways to enhance the Information Due to Incapacity or Death [FR Doc. 99–21214 Filed 8–16–99; 8:45 am] quality, utility, and clarity of the of Tax Return Preparer. BILLING CODE 4830±07±U

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DEPARTMENT OF THE TREASURY The following paragraph applies to all soliciting comments concerning Form of the collections of information covered 8837, Notice of Adoption of Revenue Internal Revenue Service by this notice: Procedure Model Amendments. An agency may not conduct or DATES: Written comments should be Proposed Collection; Comment sponsor, and a person is not required to received on or before October 18, 1999, Request for Form 8693. respond to, a collection of information to be assured of consideration. AGENCY: Internal Revenue Service (IRS), unless the collection of information ADDRESSES: Direct all written comments Treasury. displays a valid OMB control number. to Garrick R. Shear, Internal Revenue ACTION: Notice and request for Books or records relating to a collection Service, room 5244, 1111 Constitution comments. of information must be retained as long Avenue NW., Washington, DC 20224. as their contents may become material FOR FURTHER INFORMATION CONTACT: SUMMARY: The Department of the in the administration of any internal Requests for additional information or Treasury, as part of its continuing effort revenue law. Generally, tax returns and copies of the form and instructions to reduce paperwork and respondent tax return information are confidential, should be directed to Faye Bruce, (202) burden, invites the general public and as required by 26 U.S.C. 6103. other Federal agencies to take this Request for Comments: Comments 622–6665, Internal Revenue Service, opportunity to comment on proposed submitted in response to this notice will Room 5244, 1111 Constitution Avenue and/or continuing information be summarized and/or included in the NW., Washington, DC 20224. collections, as required by the request for OMB approval. All SUPPLEMENTARY INFORMATION: Paperwork Reduction Act of 1995, comments will become a matter of Title: Notice of Adoption of Revenue Public Law 104–13 (44 U.S.C. public record. Comments are invited on: Procedure Model Amendments. 3506(c)(2)(A)). Currently, the IRS is (a) Whether the collection of OMB Number: 1545–1497. soliciting comments concerning Form information is necessary for the proper Form Number: 8837. 8693, Low-Income Housing Credit performance of the functions of the Abstract: Form 8837 acts as a Disposition Bond. agency, including whether the transmittal document and is used by sponsors of master or prototype plans, DATES: Written comments should be information shall have practical utility; regional prototype plans, and volume received on or before October 18, 1999 (b) the accuracy of the agency’s estimate submitter plans. Revenue procedures to be assured of consideration. of the burden of the collection of implementing law changes or other ADDRESSES: information; (c) ways to enhance the Direct all written comments changes may be issued at any time to Garrick R. Shear, Internal Revenue quality, utility, and clarity of the information to be collected; (d) ways to requiring changes in plan documents. Service, room 5244, 1111 Constitution These changes or amendments can be Avenue NW., Washington, DC 20224. minimize the burden of the collection of information on respondents, including submitted to the IRS using Form 8837. FOR FURTHER INFORMATION CONTACT: Current Actions: There are no changes through the use of automated collection Requests for additional information or being made to Form 8837 at this time. techniques or other forms of information copies of the form and instructions Type of Review: Extension of a current technology; and (e) estimates of capital should be directed to Faye Bruce, (202) OMB approval. 622–6665, Internal Revenue Service, or start-up costs and costs of operation, Affected Public: Business or other for- Room 5244, 1111 Constitution Avenue maintenance, and purchase of services profit organizations. NW., Washington, DC 20224. to provide information. Estimated Number of Respondents: SUPPLEMENTARY INFORMATION: Approved: August 4, 1999. 3,000. Title: Low-Income Housing Credit Garrick R. Shear, Estimated Time Per Respondent: 2 Disposition Bond. IRS Reports Clearance Officer. hrs., 39 min. OMB Number: 1545–1029. [FR Doc. 99–21215 Filed 8–16–99; 8:45 am] Estimated Total Annual Burden Form Number: 8693. BILLING CODE 4830±07±U Hours: 7,950. Abstract: Section 42(j)(6) of the The following paragraph applies to all Internal Revenue Code states that when of the collections of information covered a taxpayer disposes of a building (or an DEPARTMENT OF THE TREASURY by this notice: interest therein) on which the low- An agency may not conduct or income housing credit has been Internal Revenue Service sponsor, and a person is not required to claimed, the taxpayer may post a bond respond to, a collection of information in lieu of paying the recapture tax if the Proposed Collection; Comment unless the collection of information building continues to be operated as a Request for Form 8837 displays a valid OMB control number. qualified low-income building for the Books or records relating to a collection remainder of the compliance period. AGENCY: Internal Revenue Service (IRS), Treasury. of information must be retained as long Form 8693 is used to post a bond under as their contents may become material ACTION: Notice and request for Code section 42(j)(6) to avoid recapture in the administration of any Internal comments. of the low-income housing credit. Revenue law. Generally, tax returns and Current Actions: There are no changes SUMMARY: The Department of the tax return information are confidential, being made to Form 8693 at this time. as required by 26 U.S.C. 6103. Type of Review: Extension of a Treasury, as part of its continuing effort currently approved collection. to reduce paperwork and respondent REQUEST FOR COMMENTS: Comments Affected Public: Businesses or other burden, invites the general public and submitted in response to this notice will for-profit organizations and individuals. other Federal agencies to take this be summarized and/or included in the Estimated Number of Respondents: opportunity to comment on proposed request for OMB approval. All 1,000. and/or continuing information comments will become a matter of Estimated Time Per Respondent: 1 hr., collections, as required by the public record. Comments are invited on: 7 min. Paperwork Reduction Act of 1995, (a) Whether the collection of Estimated Total Annual Burden Public Law 104–13 (44 U.S.C. information is necessary for the proper Hours: 1,120. 3506(c)(2)(A)). Currently, the IRS is performance of the functions of the

VerDate 18-JUN-99 10:31 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\A17AU3.077 pfrm01 PsN: 17AUN1 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Notices 44785 agency, including whether the soliciting comments concerning Form An agency may not conduct or information shall have practical utility; 941–M, Employer’s Monthly Federal sponsor, and a person is not required to (b) the accuracy of the agency’s estimate Tax Return. respond to, a collection of information of the burden of the collection of DATES: Written comments should be unless the collection of information information; (c) ways to enhance the received on or before October 18, 1999, displays a valid OMB control number. quality, utility, and clarity of the to be assured of consideration. Books or records relating to a collection information to be collected; (d) ways to ADDRESSES: Direct all written comments of information must be retained as long minimize the burden of the collection of to Garrick R. Shear, Internal Revenue as their contents may become material information on respondents, including Service, room 5244, 1111 Constitution in the administration of any internal through the use of automated collection Avenue NW., Washington, DC 20224. revenue law. Generally, tax returns and techniques or other forms of information FOR FURTHER INFORMATION CONTACT: tax return information are confidential, technology; and (e) estimates of capital Requests for additional information or as required by 26 U.S.C. 6103. or start-up costs and costs of operation, copies of the form and instructions REQUEST FOR COMMENTS: Comments maintenance, and purchase of services should be directed to Faye Bruce, (202) submitted in response to this notice will to provide information. 622–6665, Internal Revenue Service, be summarized and/or included in the Approved: August 11, 1999. room 5244, 1111 Constitution Avenue NW., Washington, DC 20224. request for OMB approval. All Garrick R. Shear, comments will become a matter of SUPPLEMENTARY INFORMATION: IRS Reports Clearance Officer. public record. [FR Doc. 99–21342 Filed 8–16–99; 8:45 am] Title: Employer’s Monthly Federal Tax Return. Comments are invited on: (a) Whether BILLING CODE 4830±01±U OMB Number: 1545–0718. the collection of information is Form Number: 941–M. necessary for the proper performance of DEPARTMENT OF THE TREASURY Abstract: Form 941–M is used by the functions of the agency, including certain employers to report payroll taxes whether the information shall have Internal Revenue Service on a monthly rather than a quarterly practical utility; (b) the accuracy of the basis. Employers who have failed to file agency’s estimate of the burden of the Proposed Collection; Comment Form 941 or who have failed to deposit collection of information; (c) ways to Request for Form 941±M. taxes as required are notified by the enhance the quality, utility, and clarity District Director that they must file of the information to be collected; (d) AGENCY: Internal Revenue Service (IRS), Form 941–M monthly. Treasury. ways to minimize the burden of the Current Actions: There are no changes collection of information on ACTION: Notice and request for being made to Form 941–M at this time. respondents, including through the use comments. Type of Review: Extension of a of automated collection techniques or currently approved collection. SUMMARY: The Department of the Affected Public: Businesses or other other forms of information technology; Treasury, as part of its continuing effort for-profit organizations and individuals. and (e) estimates of capital or start-up to reduce paperwork and respondent Estimated Number of Respondents: costs and costs of operation, burden, invites the general public and 12,000. maintenance, and purchase of services other Federal agencies to take this Estimated Time Per Respondent: 13 to provide information. opportunity to comment on proposed hr., 52 min. Approved: August 11, 1999. and/or continuing information Estimated Total Annual Burden Garrick R. Shear, collections, as required by the Hours: 166,320. Paperwork Reduction Act of 1995, The following paragraph applies to all IRS Reports Clearance Officer. Public Law 104–13 (44 U.S.C. of the collections of information covered [FR Doc. 99–21343 Filed 8–16–99; 8:45 am] 3506(c)(2)(A)). Currently, the IRS is by this notice: BILLING CODE 4830±01±U

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Corrections Federal Register Vol. 64, No. 158

Tuesday, August 17, 1999

This section of the FEDERAL REGISTER Thursday, August 5, 1999, make the contains editorial corrections of previously following corrections: published Presidential, Rule, Proposed Rule, and Notice documents. These corrections are § 10.109 [Corrected] prepared by the Office of the Federal Register. Agency prepared corrections are 1. On page 42815, in § 10.109, the issued as signed documents and appear in table is corrected to read as follows: the appropriate document categories elsewhere in the issue.

DEPARTMENT OF TRANSPORTATION Coast Guard 46 CFR Parts 10 and 12 [USCG-1997-2799] RIN 2115-AF49

User Fees for Licenses, Certificates of Registry, and Merchant Mariner Documents Correction In rule document 99–20037, beginning on page 42812, in the issue of TABLE 10.109ÐFEES

And you need... If you apply for... Evaluation Examination Issuance Then the fee is: Then the fee is: Then the fee is:

License: Original upper level ...... $115 $110 $45 Original lower level ...... 115 95 45 Raise of grade ...... 100 45 45 Modification or removal of limitation or scope ...... 50 45 45 Endorsement ...... 50 45 45 Renewal ...... 50 45 45 Renewal for continuity purposes ...... n/a n/a 45 Reissue, Replacement, and Duplicate ...... n/a n/a 1 45 Radio Officer License: Original ...... 65 n/a 45 Endorsement ...... 50 45 45 Renewal ...... 50 n/a 45 Renewal for continuity purposes ...... n/a n/a 45 Reissue, Replacement, and Duplicate ...... n/a n/a 1 45 Certificate of Registry: Original (MMD holder) ...... 105 n/a 45 Original (MMD applicant) ...... 120 n/a 45 Renewal ...... 50 n/a 45 Renewal for continuity purposes ...... n/a n/a 45 Endorsement ...... n/a n/a 45 Reissue, Replacement, and Duplicate ...... n/a n/a 1 45 STCW Certification: Original ...... No fee No fee No fee Renewal ...... No fee No fee No fee 1 Duplicate for document lost as result of marine casualtyÐNo Fee.

§ 12.02-18 [Corrected] 2. On page 42816, in § 12.02-18, the table is corrected to read as follows:

TABLE 12.02±18ÐFEES

And you need... If you apply for... Evaluation Examination Issuance Then the fee is: Then the fee is: Then the fee is:

Merchant Mariner Document: Original without endorsement ...... $110 n/a $45

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TABLE 12.02±18ÐFEESÐContinued

And you need... If you apply for... Evaluation Examination Issuance Then the fee is: Then the fee is: Then the fee is:

Original with endorsement ...... 110 140 45 Endorsement for qualified rating ...... 95 140 45 Upgrade or Raise in Grade ...... 95 140 45 Renewal without endorsement for qualified rating ...... 50 n/a 45 Renewal with endorsement for qualified rating ...... 50 45 45 Renewal for continuity purposes ...... n/a n/a 45 Reissue, Replacement, and Duplicate ...... n/a n/a 1 45 STCW Certification: Original ...... No fee No fee No fee Renewal ...... No fee No fee No fee Other Transactions: Duplicate Continuous Discharge Book ...... n/a n/a 10 Duplicate record of sea service ...... n/a n/a 10 Copy of certificate of discharge ...... n/a n/a 10 1 Duplicate for document lost as result of marine casualtyÐNo Fee.

[FR Doc. C9–20037 Filed 8–16–99; 8:45 am] BILLING CODE 1505±01±D

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DEPARTMENT OF HEALTH AND 202–690–7776; or visit ANA’s web site 803(d) of the Native American Programs HUMAN SERVICES listing of current providers at: Act of 1974, as amended (Public Law www.acf.dhhs.gov/programs/ana/. 93–644, 88 Stat. 2324, 42 U.S.C. 2991b). Administration for Children and The ANA providers serve six areas The Indian Environmental Regulatory Families divided as follows: Enhancement Act of 1990 (Public Law Area 1, Eastern serves federally [Program Announcement No. 93612±001] 101–408) authorizes financial assistance recognized Tribes in AL, AR, CT, DC, for projects to address environmental Administration for Native Americans: DE, FL, GA, IL, IN, KY, KS, LA, MA, regulatory concerns (Section 803(d) of Availability of Financial Assistance MD, ME, MI, MN, MS, NC, NH, NJ, NY, the Native American Programs Act of OH, PA, RI, SC, TN, VA, VT, WI and 1974, as amended). AGENCY: Administration for Native WV. The Administration for Native Americans (ANA),ACF, DHHS. Area 2, Central federally recognized Americans assists eligible applicants for ACTION: Announcement of availability of Tribes in AZ, CO, IA, KA, ND, NE, NE, the three competitive areas to undertake competitive financial assistance for NM, MO, MT, OK, SD, UT, WY, NV, ID 12 to 36 month development projects projects in competitive areas and TX. that are part of long-range administered by the Administration for Area 3, Western serves federally comprehensive plans to move toward Native Americans for American Indians, recognized Tribes in CA, OR and WA. governance, social, and/or economic Native Hawaiians, Alaska Natives and Area 4, Alaska serves all eligible self-sufficiency. Native American Pacific Islanders. applicants in AK. In order to streamline the application Area 5, Pacific serves all eligible process for eligible applicants under SUMMARY: The Administration for applicants in Hawaii (HI) and the three competitive areas, ANA is issuing Native Americans (ANA) announces the Pacific Islands of AS (American Samoa), a single program announcement for anticipated availability of fiscal year GU (Guam), MP (Northern Mariana fiscal year 2000 funds. Information 2000 funds in three competitive areas: Islands) and PW (Palau). regarding ANA’s mission, policy, goals, (1) Governance and social and Area 6, National serves all eligible application requirements, review economic development; applicants on the mainland United criteria and closing dates for all three (2) Governance and social and States not served by providers for areas competitive areas are included in this economic development for Alaska 1 through 5. This includes non-federally announcement. Native entities; and recognized Tribes, Urban Indians, off- The Administration for Native (3) Environmental regulatory reservation rural Indian communities, Americans promotes the goal of self- enhancement. Native Americans served through non- sufficiency in Native American Financial assistance provided by ANA federally recognized urban and communities primarily through Social in support of projects in these three consortia arrangements and and Economic Development Strategies areas is intended to promote the goal of Organizations serving Native Hawaiians (SEDS) projects. The Native American self-sufficiency for Native Americans. and Pacific Island Natives on the Programs Act also authorizes ANA to APPLICATION KIT: Application kits are Mainland. establish an additional program for approved by the Office of Management Copies of this program announcement environmental regulatory enhancement. and Budget (OMB) under control and many of the required forms may be This program announcement is being number 0980–0204, which expires obtained electronically at the ANA issued in anticipation of the August 31, 1999. ANA has asked OMB World Wide Web Page: appropriation of funds for fiscal year for a six month extension to use the kit www.acf.dhhs.gov/programs/ana/. 2000 and the availability of funds for while a new version is developed, The printed Federal Register notice is the three competitive areas is contingent reviewed and approved. We anticipate the only official program upon sufficient final appropriations. that the new kit will be available in announcement. Although all reasonable Proposed projects will be reviewed on a January 2000. The current application efforts are taken to assure that the files competitive basis against the specific kit remains valid and contains the on the ANA World Wide Web Page evaluation criteria presented under each necessary forms and instructions to containing electronic copies of this competitive area in this announcement. apply for a grant under this program Program Announcement are accurate ANA continues a variety of announcement. and complete, they are provided for requirements directed towards enforcing Application kits may be obtained information only. The applicant bears its policy that an eligible grant recipient from ANA training and technical sole responsibility to assure that the may only have one active ANA grant assistance providers. ANA employs copy downloaded and/or printed from awarded from a competitive area at any contractors to provide short-term any other source is accurate and time. Therefore, while eligible training and technical assistance (T/TA) complete. applicants may compete for a grant in to eligible applicants. T/TA is available SUPPLEMENTARY INFORMATION: each of the three competitive areas, an under these contracts for a wide range applicant may only submit one of needs, however, the contractors are Introduction and Purpose application per competitive area and no not authorized to write applications. The purpose of this program applicant may receive more than one The T/TA is provided at no cost. announcement is to announce the grant in each competitive area, To obtain an application kit and/or, anticipated availability of fiscal year including any existing ANA grant. Also, training and technical assistance, 2000 funds, authorized under the Native an Alaska Native entity may not submit applicants are encouraged to contact the American Programs Act of 1974 (Act), as an application under both Competitive appropriate T/TA provider within the amended, to promote the goal of social Areas 1 and 2 for the May closing date. appropriate service area. If you do not and economic self-sufficiency for Alaska Native entities may receive a know the identity of the contractor American Indians, Alaska Natives, grant under either competitive area 1 or currently serving the region you are Native Hawaiians, and Native American 2, but not under both. All applicants located in, you may identify the Pacific Islanders in three competitive must clearly demonstrate a plan for an contractor by calling: Administration for areas. Funding authorization is employee fringe benefit package which Native Americans, Applicant Help Desk, provided under sections 803(a), and includes an employee retirement plan

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New for fiscal year 2000, to foster resources necessary to meet its social • An application from a federally goals under the Executive Order on and economic goals, and the needs of its recognized Tribe, Alaska Native Village tribally controlled colleges and members. or Native American organization must universities (TCUs), TCUs may now The Administration for Native be from the governing body of the Tribe independently apply for an ANA grant Americans also believes that the or organization. without impacting eligibility of the Tribe responsibility for achieving self- • ANA will not accept applications to apply. Previously, only one sufficiency resides with the governing from tribal components which are application was accepted, either from bodies of Indian tribes, Alaska Native tribally-authorized divisions of a larger the Tribe or the TCU. Now both the villages, and in the leadership of Native tribe, unless the application includes a Tribe and TCU may compete for and American groups. A community’s Tribal resolution which clearly receive ANA grants at the same time, in progress toward self-sufficiency is based demonstrates the Tribe’s support of the the same program(s). on its efforts to plan, organize, and project and the Tribe’s understanding This program announcement consists direct resources in a comprehensive that the other applicant’s project of three parts. manner which is consistent with its supplants the Tribe’s authority to established long-range goals. submit an application under that Part I. ANA Policy and Goals The Administration for Native specific competitive area both for the Provides general information about ANA’s Americans’ policy is based on three current competition and for the duration policies and goals for the three competitive interrelated goals: of the approved grant period, should the areas. This section contains information 1. Governance: To assist tribal and pertaining to all applicants. application be funded. Alaska Native village governments, • If a federally recognized Tribe or Part II. ANA Competitive Areas Native American institutions, and local Alaska Native village chooses not to Describes the three competitive areas leadership to exercise local control and apply, it may support another under which ANA is requesting applications: decision-making over their resources. applicant’s project (e.g., a tribal • Area 1: Governance, Social and 2. Economic Development: To foster organization) which serves or impacts Economic Development (SEDS); the development of stable, diversified their reservation. In this case, the • Area 2: Governance, Social and local economies and economic activities applicant must include a Tribal Economic Development (SEDS) for Alaska which will provide jobs and promote resolution which clearly demonstrates Native entities; economic well-being. • the Tribe’s approval of the project and Area 3: Environmental Regulatory 3. Social Development: To support the Tribe’s understanding that the other Enhancement. local access to, control of, and applicant’s project supplants the Tribe’s Each competitive area includes the coordination of services and programs following sections which provide authority to submit an application information to be used to develop an which safeguard the health, well-being under that specific competitive area application: and culture of people, provide support both for the current competition and for A Purpose and Availability of Funds services and training so people can the duration of the approved grant B Background work, and which are essential to a period, should the application be C Proposed Projects To Be Funded thriving and self-sufficient community. funded. D Eligible Applicants Applicants must comply with certain • An applicant may submit a separate E Grantee Share of the Project of the following administrative policies: application under any of the F Review Criteria • Current grantees whose grant competitive areas, as long as the G Application Due Date(s) project period extends beyond applicant meets the eligibility H Contact Information September 30, 2000, or who have requirements. However, for the May Part III. General Application Information requested an extension of the grant closing, applications for SEDS grants and Guidance project beyond that date, are not eligible from Alaska Native entities may be Provides important information and to apply for a grant under the same submitted under either Competitive guidance that applies to all three competitive program area. Current SEDS or Alaska- Area 1 or Competitive Area 2, but not areas and that must be taken into account in specific SEDS grantees with project both. developing an application for any of the three periods beyond September 30, 2000, • Under each competitive area, ANA areas. may not compete for additional SEDS or will only accept one application which A Definitions Alaska-specific SEDS grants. Current serves or impacts a reservation, Tribe, or B Activities That Cannot Be Funded Indian Environmental Regulatory Native American community. C Multi-Year Projects Enhancement grantees with project • Any non-profit organization D Intergovernmental Review of Federal periods beyond September 30, 2000, submitting an application must submit Programs E The Application Process may not compete for additional Indian proof of its non-profit status in the F The Review Process Environmental Regulatory Enhancement application at the time of submission. G General Guidance to Applicants grants. The non-profit agency can accomplish H Paperwork Reduction Act of 1995 • Applicants for any competitive area this by providing a copy of the I Receipt of Applications may propose 12 to 36 month projects. applicant’s listing in the Internal

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Revenue Service’s (IRS) most recent list Department of Health and Human organizations, in their efforts to develop of tax exempt organizations described in Services; and and implement community-based, long- Section 501(c)(3) of the IRS code or by • Community Development Block term governance, social and economic providing a copy of the currently valid Grant funds, through the Department of development strategies (SEDS). These IRS tax exemption certificate, or by Housing and Urban Development. strategies must promote the goal of self- providing a copy of the articles of An itemized budget detailing the sufficiency in local communities. incorporation bearing the seal of the applicant’s non-Federal share, and its The SEDS approach is based on State in which the corporation or source(s), must be included in an ANA’s program goals and incorporates association is domiciled. application. two fundamental principles: • If the applicant, other than a tribe • If an applicant plans to charge or 1. The local community and its or an Alaska Native Village government, otherwise seek credit for indirect costs leadership are responsible for is proposing a project benefiting Native in its ANA application, a current copy determining goals, setting priorities, and Americans or Alaska, or both, it must of its Indirect Cost Agreement must be planning and implementing programs provide assurance that its duly elected included in the application. aimed at achieving those goals. The • or appointed board of directors is A request for a waiver of the non- local community is in the best position representative of the community, to be Federal share requirement may be to apply its own cultural, political, and served. To establish compliance with submitted in accordance with 45 CFR socio-economic values to its long-term the requirement in the regulations for a 1336.50(b)(3) of the Native American strategies and programs. Board representative of the community, Program Regulations. 2. Governance and social and • applicants should provide information Applications originating from economic development are interrelated. establishing that at least ninety (90) American Samoa, Guam, or the In order to move toward self-sufficiency, percent of the individuals serving on a Commonwealth of the Northern Mariana development in one area should be non-profit applicant’s board fall into Islands are covered under Section balanced with development in the one or more of the following categories: 501(d) of Public Law 95–134, as others. Consequently, comprehensive (1) A current or past member of the amended (48 U.S.C. 1469a) under which development strategies should address community to be served; (2) a HHS waives any requirement for all aspects of the governmental, prospective participant or beneficiary of matching funds under $200,000 economic, and social infrastructures the project to be funded; or (3) have a (including in-kind contributions). needed to promote self-sufficient cultural relationship with the Therefore, for the ANA grants under communities. community to be served. these announced programs, no match is ANA’s SEDS policy uses the • Organizations incorporating in required for grants to these insular following definitions: American Samoa are cautioned that the areas. • ‘‘Governmental infrastructure’’ Samoan government relies exclusively Part II—ANA Competitive Areas includes the constitutional, legal, and upon IRS determinations of non-profit administrative development requisite status; therefore, articles of The three competitive areas under for independent governance. incorporation approved by the Samoan this Part describe ANA’s funding • ‘‘Economic infrastructure’’ includes government do not establish non-profit authorities, priorities, special initiatives, the physical, commercial, industrial status for these organizations for the special application requirements, and and/or agricultural components purpose of eligibility for ANA funds. review criteria. The standard necessary for a functioning local • Grantees must provide at least 20 requirements necessary for each economy which supports the life-style percent of the total approved cost of the application, as well as standard ANA embraced by the Native American project; i.e., the sum of the Federal share program guidance and technical community. and the non-Federal share. The non- guidance are described in Part III of this • ‘‘Social infrastructure’’ includes Federal share may be met by cash or in- announcement. those components through which kind contributions. Therefore, a project ANA Competitive Area 1. Social and health, economic well-being and culture requesting $100,000 in Federal funds Economic Development Strategies are maintained within the community must include a match of at least $25,000 (SEDS) Projects and that support governance and (20% of the total $125,000 project cost). economic goals. As per 45 CFR Part 74.2, In-Kind A. Purpose and Availability of Funds These definitions should be kept in contributions are defined as ‘‘the value This competitive area promotes the mind as a local social and economic of non-cash contributions provided by goal of social and economic self- development strategy is developed as non-Federal third parties. Third party sufficiency for American Indians, part of a grant application. in-kind contributions may be in the Alaska Natives, Native Hawaiians, and A community’s movement toward form of real property, equipment, Native American Pacific Islanders self-sufficiency could be jeopardized if supplies and other expendable property, through locally developed social and a careful balance between governmental, and the value of goods and services economic development strategies economic and social development is not directly benefiting and specifically (SEDS). maintained. For example, expansion of identifiable to the project or program.’’ Approximately $14 million of social services, without providing In addition it may include other financial assistance is anticipated to be opportunities for employment and Federal funding sources where available under this priority area for economic development, could lead to legislation or regulations authorize governance, social and economic dependency on social services. using specific types of funds for match development projects. ANA anticipates Conversely, inadequate support and provided the source relates to the awarding approximately 120 services and training could seriously ANA project; examples follow: competitive grants ranging from $30,000 impede productivity and local economic • Indian Child Welfare funds, to $1,000,000. development. Additionally, the through the Department of Interior; necessary infrastructures must be • Indian Self-Determination and B. Background developed or expanded at the Education Assistance funds, through the ANA assists tribal and village community level to support social and Department of Interior and the governments, and Native American economic development and growth. In

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Proposed Projects To Be Funded Social Development agencies serving Native Hawaiians (The populations served may be located on • This section provides descriptions of Enhancing tribal capabilities to these islands or on the continental activities which are consistent with the design or administer programs aimed at United States); SEDS philosophy. Proposed activities strengthening the social environment • Public and nonprofit private should be tailored to reflect the desired by the local community; agencies serving native peoples from • governance, social and economic Developing local and intertribal Guam, American Samoa, Palau, or the development needs of the local models related to comprehensive Commonwealth of the Northern Mariana community and should be consistent planning and delivery of services; • Islands. (The populations served may be and supportive of the proposed project Developing programs or activities to located on these islands or in the United objectives. The types of projects which preserve and enhance tribal heritage and States); and ANA may fund include, but are not culture; and • • Tribally controlled community limited to, the following: Establishing programs which colleges, Tribally controlled cost- involve extended families or tribal Governance secondary vocational institutions, and societies in activities that strengthen Native controlled colleges and • Improvements in the governmental, cultural identity and promote universities located in Hawaii, Guam, judicial and/or administrative community development or self-esteem. American Samoa, Palau, or the infrastructures of tribal and village Other SEDS Relationships. ANA Commonwealth of the Northern Mariana governments (such as strengthening or encourages projects designed to use the Islands which serve Native American streamlining management procedures or SEDS approach to help achieve current Pacific Islanders. the development of tribal court priorities of the Administration for • Non-profit Alaska Native systems); Children and Families which are to: community entities or tribal governing • Increasing the ability of tribes, • Address welfare reform initiatives bodies (Indian Reorganization Act or villages, and Native American groups such as moving families to work. traditional Councils) as recognized by and organizations to plan, develop, and • Help ensure child support from the Bureau of Indian Affairs. administer a comprehensive program to both parents. support community social and • Create access to affordable child Further information on eligibility economic self-sufficiency (including care for low income working families. requirements is presented in Part I, strategic planning); • Reach children earlier to promote ANA Policy and Goals. Some important • Increasing awareness of and full development, including links to policies found in Part I are highlighted exercising the legal rights and benefits Head Start, Early Head Start and Child as follows: to which Native Americans are entitled, Care. Current ANA SEDS grantees whose either by virtue of treaties, the Federal • Help enroll children in quality grant project period ends on or before trust relationship, legislative authority, Head Start and prepare them to be ready September 30, 2000 are eligible to apply executive orders, administrative and to learn. for a grant award under this program court decisions, or as citizens of a • Provide safety, permanency and announcement. The Project Period is particular state, territory, of the United well-being for children and double the noted in Block 9 of the ‘‘Financial States; number of adoptions from the public Assistance Award’’ document. • Status clarification activities for child welfare system. Applicants for new grants may not have Native groups seeking Federal or State a pending request to extend their tribal recognition, such as performing D. Eligible Applicants existing grant beyond September 30, research or any other function necessary The following organizations are 2000. to submit a petition for Federal eligible to apply under this competitive Any non-profit organization acknowledgment or in response to any area: submitting an application must submit obvious deficiencies cited by the Bureau • Federally recognized Indian Tribes; proof of its non-profit status in the of Acknowledgment and Research • Consortia of Indian Tribes; application at the time of submission. (BAR), Department of Interior, in a • Incorporated non-federally The non-profit agency can accomplish petition from a Native group seeking recognized Tribes; this by providing a copy of the Federal recognition; and • Incorporated nonprofit multi- applicant’s listing in the Internal • Development of and/or purpose community-based Indian Revenue Service’s (IRS) most recent list amendments to tribal constitutions, organizations; of tax exempt organizations described in court procedures and functions, by-laws • Urban Indian Centers; Section 501(c)(3) of the IRS code or by or codes, and council or executive • National or regional incorporated providing a copy of the currently valid branch duties and functions. nonprofit Native American IRS tax exemption certificate, or by organizations with Native American providing a copy of the articles of Economic Development community-specific objectives; incorporation bearing the seal of the • Development of a community • Alaska Native villages as defined in State in which the corporation or economic infrastructure that will result the Alaska Native Claims Settlement Act association is domiciled.

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If the applicant, other than a tribe or tribe or Native American community is National Indian and Native an Alaska Native Village government, is undertaking toward self-sufficiency. organizations should define their proposing a project benefitting Native The evaluation criteria are closely membership and describe how the Americans or Alaska Natives, or both, it related to each other and are considered organization operates. must provide assurance that its duly as a whole in judging the overall quality (b) Available resources (other than elected or appointed board of directors of an application. Points are awarded ANA and the non-Federal share) which is representative of the community, to only to applications which are will assist, and be coordinated with the be served. To establish compliance with responsive to this competitive area and project are described. These resources the requirement in the regulations for a these criteria. Proposed projects will be should be documented by letters of Board representative of the community reviewed on a competitive basis using commitment of resources, not merely applicants should provide information the following evaluation criteria: letters of support. ‘‘Letters of establishing that at least ninety (90) commitment’’ are binding when they (1) Long-Range Goals and Available specifically state the nature, the amount, percent of the individuals serving on a Resources (15 Points) non-profit applicant’s board fall into and conditions under which another one or more of the following categories: (a) The application describes the long- agency or organization will support a (1) A current or past member of the range goals and strategy, including: project funded with ANA funds. • community to be served; (2) a How specific social, governance ‘‘Letters of support’’ merely express prospective participant or beneficiary of and economic long-range community another organization’s endorsement of a the project to be funded; or (3) have a goals relate to the proposed project and proposed project. Support letters are not strategy; binding commitment letters or do not cultural relationship with the • community to be served. A list of board How the community intends to factually establish the authenticity of members with this information achieve these goals; other resources and do not offer or bind • The relationship between the long- including Tribal or Village affiliation, is specific resources to the project. range goals and the applicant’s one of the most suitable approaches for For example, a letter from another comprehensive community social and demonstrating compliance with this Federal agency or foundation pledging a economic development plan. (Inclusion requirement. commitment of $200,000 in of the community’s entire development construction funding to complement Under each competitive area, ANA plan is not necessary); and proposed ANA funded pre-construction will only accept one application which • A clearly delineated social and activity is evidence of a firm funding serves or impacts a reservation, Tribe, or economic development strategy (SEDS). commitment. These resources may be Native American community except that • In discussing their community- human, natural or financial, and may a tribally controlled college or based, long-range goals, and the include other Federal and non-Federal university (TCU) may apply in addition objectives for the proposed projects, resources. Statements that additional to the Tribe. If a federally recognized non-Federally recognized and off- funding will be sought from other Tribe or Alaska Native village chooses reservation groups must include a specific sources are not considered a not to apply, it may support another description of what constitutes their binding commitment of outside applicant’s project (e.g., a tribal specific community. resources and therefore carry less organization) which serves or impacts The application identifies and significance. their reservation. In this case, the documents pre-existing and planned Non-ANA resources should be applicant must include a Tribal involvement and support of the leveraged to strengthen and broaden the resolution which clearly demonstrates community in the planning process and impact of the proposed project in the the Tribe’s approval of the project and implementation of the proposed project. community. Project designs should the Tribe’s understanding that the other The type of community you serve and explain how those parts of projects applicant’s project supplants the Tribe’s nature of the proposal being made, will which ANA does not fund will be authority to submit an application influence the type of documentation financed through other sources. For under that specific competitive area necessary. For example, a Tribe may example, ANA does not fund both for the current competition and for choose to address this requirement by construction. Applicants must show the the duration of the approved grant submitting a resolution stating that relationship of non-ANA funded period. community involvement has occurred activities to those objectives and E. Grantee Share of the Project in the project planning or may activities that are funded with ANA determine that additional community grant funds. Grantees must provide at least 20 support work is necessary. percent of the total approved cost of the A tribal organization may submit (2) Organizational Capabilities and project; i.e. the sum of the Federal share resolutions supporting the project Qualifications (10 Points) and the non-Federal share. Further proposal from each of its members (a) The management and information on this requirement is tribes, as well as a resolution from the administrative structure of the applicant presented in Part I, ANA Policy and applicant organization. Other examples is explained. Evidence of the applicant’s Goals. of documentation include: community ability to manage a project of the F. Review Criteria surveys; minutes of community proposed scope is demonstrated. The meetings; questionnaires; tribal application clearly shows the successful A proposed project should reflect the presentations; and/or discussion/ management of projects of similar scope purposes of ANA’s SEDS policy and position papers. by the organization, and/or by the program goals described in the Applications from National Indian individuals designated to manage the Background section of this competitive and Native organizations must clearly project. area; include a social and economic demonstrate a need for the project, (b) Position descriptions and/or development strategy which reflects the explain how the project was originated, resumes of key personnel, including needs and specific circumstances of the state who the intended beneficiaries those of consultants, are presented. The local community; and address the will be, and describe how the recipients position descriptions and/or resumes specific developmental steps that the will actually benefit from the project. relate specifically to the staff proposed

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An alternate demonstrate that the proposed staff are categories in Section B of the Budget proposal may be submitted for review or will be qualified to carry out the Information of the application, and approval during grant award project activities. Either the position including the applicant’s non-Federal negotiations. Alternate proposals may descriptions or the resumes contain the share and its source. Applicants from include the use of Individual Retirement qualifications and/or specialized skills American Samoa, Guam, and the Accounts, Money Purchase Pension necessary for overall quality Northern Mariana Islands are not Plans, Defined Benefit Pension Plans, management of the project. Resumes required to provide a 20% match for the Combination Plans, etc. In no case will must be included if individuals have non-Federal share since the level of a non-qualified deferred compensation been identified for positions in the funding available for the planned ANA plan, e.g., Supplemental Executive application. grants would not invoke a required Retirement Plan (SERPs) or Executive match for grants to these insular areas. Bonus Plan be accepted. Note: Applicants are strongly encouraged Therefore, applicants from these insular to give preference to Native Americans in areas may not have points reduced for G. Application Due Dates hiring staff and subcontracting services under the lack of matching funds. They are, The closing dates for submission of an approved ANA grant. however, expected to coordinate and applications under this competitive area (3) Project Objectives, Approach and organize the delivery of any non-ANA are: October 8, 1999, January 28, 2000 Activities (45 Points) resources they propose for the project, and May 5, 2000. as are all ANA applicants. H. Contact Information The application proposes specific • Includes and justifies sufficient cost project Objective Work Plan(s) with and other necessary details to facilitate Contact the ANA Applicant Help activities related to each specific the determination of cost allowability Desk at 202–690–7776 for assistance. objective. and the relevance of these costs to the Competitive Area 2. Alaska-Specific The Objective Work Plan(s) in the proposed project; and Social and Economic Development application includes project objectives • Requests funds which are Strategies (SEDS) Projects appropriate and necessary for the scope and activities for each budget period A. Purpose and Availability of Funds proposed and demonstrates that each of of the proposed project. the objectives and its activities: • Includes sufficient funds for This competitive area funds Alaska • principal representatives from the Native social and economic Is measurable and/or quantifiable in development projects. Approximately terms of results or outcomes; applicant organization to travel to one post-award grant training and technical $1.5 million of financial assistance is • Supports the community’s social assistance conference. This travel and anticipated to be available for Alaska and economic development strategy; training should occur as soon as Native governance, social and economic • Clearly relates to the community’s practical. development projects. long-range goals; • For business development projects, ANA plans to award approximately 15–18 grants under this competitive • Can be accomplished with the the proposal demonstrates that the expected return on the funds used to area. For individual village projects, the available or expected resources during funding level for a budget period of 12 the proposed project period; develop the project provides a reasonable operating income and return months will be up to $100,000; for • Indicates when the objective, and within a future specified time frame. regional nonprofit and village consortia, major activities under each objective, the funding level for a budget period of • Includes an employee fringe benefit will be accomplished; 12 months will be up to $150,000, budget that provides grant-funded • commensurate with approved multi- Specifies who will conduct the employees with a qualified, self- village objectives. activities under each objective; and directed, portable retirement plan in • Supports a project that will be addition to Social Security. The B. Background completed, self-sustaining, or financed applicant must provide a retirement Based on the three ANA goals by other than ANA funds at the end of plan fringe benefit for grant funded described in Part I, ANA implemented the project period. employees salaries of five (5) percent. a special Alaska social and economic ANA considers a retirement plan to be (4) Results or Benefits Expected (20 development initiative in fiscal year a necessary, reasonable and allowable Points) 1984. This special effort was designed to cost in accordance with OMB rules. provide financial assistance at the Completion of the proposed objectives Minimum standards for an acceptable village level or for village-specific will result in specific, measurable retirement fringe benefit plan are: projects aimed at improving a village’s results. The application shows how the • The plan must be ‘‘qualified’’, i.e., governance capabilities and for social expected results will help the approved by the Internal Revenue and economic development. community meet its long-range goals. Service to receive special tax-favored This competitive area continues to The specific information provided in treatment. implement this special initiative. ANA the narrative and objective work plans • The plan exists for the exclusive believes both the nonprofit and for- on expected results or benefits for each benefit of the participants; funds are to profit corporations in Alaska can play objective is the standard upon which its be used for retirement and certain other an important supportive role in assisting achievement can be evaluated at the end pre-retirement needs, not for the individual villages to develop and of each budget year. organization’s needs. implement their own locally determined

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ANA will consider productivity at a small scale of Further information on eligibility funding core administrative capacity operation; and (4) complement requirements is presented in Part I, building projects at the village traditional and necessary seasonal ANA Policy and Goals. Some important government level if the village does not activities; policies found in Part I are highlighted have governing systems in place. • Substantially increase and as follows: Current ANA SEDS grantees in Alaska C. Proposed Projects To Be Funded strengthen efforts to establish and improve the village and regional whose project period ends on or before Examples of the types of projects that infrastructure and the capabilities to September 30, 2000 are eligible to apply ANA may fund include, but are not develop and manage resources in a for a grant award under this program limited to, projects that will: highly competitive cash-economy announcement. The Project Period is noted in Block 9 of the ‘‘Financial Governance system; Assistance Award’’ document. • Assist villages, or consortia of • Initiate demonstration programs at Applicants for new grants may not have villages, in developing subsistence the regional level to allow Native people a pending request to extend their compatible industries that will retain to become involved in developing existing grant beyond September 30, strategies to maintain and develop their local dollars in villages; • 2000. economic subsistence base; Assist in the establishment or Any non-profit organization • Assist villages in developing land expansion of native-businesses; and submitting an application must submit • use capabilities and skills in the areas Assist villages in labor export; i.e., proof of its non-profit status in the of land and natural resource people leaving the local communities application at the time of submission. management and protection, resource for seasonal work and returning to their The non-profit agency can accomplish assessment and conducting communities. this by providing a copy of the environmental impact studies; Social Development applicant’s listing in the Internal • Assist village consortia in the Revenue Service’s (IRS) most recent list • development of tribal constitutions, Assist in developing training and of tax exempt organizations described in ordinances, codes and tribal court education programs for local jobs in Section 501(c)(3) of the IRS code or by systems; education, government, and health- • providing a copy of the currently valid Develop agreements between the related fields; and work with these IRS tax exemption certificate, or by State and villages that transfer programs agencies to encourage job replacement providing a copy of the articles of jurisdictions, and/or control to Native of non-Natives by trained Natives; incorporation bearing the seal of the entities; • Develop local models related to • State in which the corporation or Strengthen village government comprehensive planning and delivery of association is domiciled. control of land management, including social services; If the applicant, other than a tribe or land protection, through coordination of • Develop new service programs, an Alaska Native Village government, is land use planning with village initially established with ANA funds, proposing a project benefitting Native corporations and cities, if appropriate; which will be funded by local Americans or Alaska Natives, or both, it • Assist in status clarification communities or the private sector for must provide assurance that its duly activities; • continued operation after the ANA grant elected or appointed board of directors Initiate village level mergers expires. between village councils, village is representative of the community, to • Develop or coordinate with State- corporations and others to coordinate be served. To establish compliance with funded projects, activities designed to programs and services which safeguard the requirement in the regulations for a decrease the incidence of child abuse the health, well being and culture of a Board representative of the community and neglect, fetal alcohol syndrome, community and its people; applicants should provide information • and/or suicides; establishing that at least ninety (90) Strengthen local governance • capabilities through the development of Assist in obtaining licenses to percent of the individuals serving on a village consortia and regional IRAs provide housing or related services from non-profit applicant’s board fall into State or local governments; and one or more of the following categories: (Indian Reorganization Act councils • organized under the Indian Develop businesses to provide relief (1) A current or past member of the Reorganization Act, 25 U.S.C. 473a); for caretakers needing respite from community to be served; (2) a • Assist villages in preparing and human service-related care work. prospective participant or beneficiary of coordinating plans for the development D. Eligible Applicants the project to be funded; or (3) have a and/or improvement of water and sewer cultural relationship with the systems within the village boundaries; The following organizations are community to be served. A list of board • Assist villages in establishing eligible to apply under this competitive members with this information initiatives through which youth may area: including Tribal or Village affiliation, is participate in the governance of the • Federally recognized Indian Tribes one of the most suitable approaches for community and be trained to assume in Alaska; demonstrating compliance with this leadership roles in village governments; • Alaska Native villages as defined in requirement. and the Alaska Native Claims Settlement Act Under each competitive area, ANA • Consider strategies and plans to (ANCSA) and/or nonprofit village will only accept one application which protect against, monitor, and assist consortia; serves or impacts a reservation, Tribe, or

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Native American community except that • How specific social, governance For example, a letter from another a tribally controlled college or and economic long-range community Federal agency or foundation pledging a university (TCU) may apply in addition goals relate to the proposed project and commitment of $200,000 in to the Tribe. If a federally recognized strategy; construction funding to complement • Tribe or Alaska Native village chooses How the community intends to proposed ANA funded pre-construction not to apply, it may support another achieve these goals; • activity is evidence of a firm funding applicant’s project (e.g., a tribal The relationship between the long- commitment. These resources may be range goals and the applicant’s organization) which serves or impacts human, natural or financial, and may comprehensive community social and their reservation. In this case, the include other Federal and non-Federal economic development plan. (Inclusion applicant must include a Tribal resources. (Applicant statements that resolution which clearly demonstrates of the community’s entire development plan is not necessary); and additional funding will be sought from the Tribe’s approval of the project and • other specific sources are not the Tribe’s understanding that the other A clearly delineated social and considered a binding commitment of applicant’s project supplants the Tribe’s economic development strategy (SEDS). outside resources.) authority to submit an application The application identifies and under that specific competitive area documents pre-existing and planned Non-ANA resources should be both for the current competition and for involvement and support of the leveraged to strengthen and broaden the community in the planning process and the duration of the approved grant impact of the proposed project in the implementation of the proposed project. period. community. Project designs should The type of community you serve and explain how those parts of projects Although for-profit regional nature of the proposal being made, will which ANA does not fund will be corporations established under ANCSA influence the type of documentation are not eligible applicants, individual necessary. For example, a Tribe may financed through other sources. For villages and Indian communities are choose to address this requirement by example, ANA does not fund encouraged to use for-profit regional submitting a resolution stating that construction. Applicants must show the corporations as subcontractors and to community involvement has occurred relationship of non-ANA funded collaborate with them in joint-venture in the project planning or may activities to those objectives and projects for promoting social and determine that additional community activities that are funded with ANA economic self-sufficiency. ANA support work is necessary. grant funds. encourages the for-profit corporations to A tribal organization may submit (2) Organizational Capabilities and assist the villages in developing resolutions supporting the project applications and to participate as proposal from each of its members Qualifications (10 Points) subcontractors in a project. tribes, as well as a resolution from the (a) The management and E. Grantee Share of the Project applicant organization. Other examples administrative structure of the applicant of documentation include: community Grantees must provide at least 20 is explained. Evidence of the applicant’s surveys; minutes of community ability to manage a project of the percent of the total approved cost of the meetings; questionnaires; tribal proposed scope is demonstrated. The project; i.e. the sum of the Federal share presentations; and/or discussion/ application clearly shows the successful and the non-Federal share. Further position papers. information on this requirement is Applications from National Indian management of projects of similar scope presented in Part I, ANA Policy and and Native organizations must clearly by the organization, and/or by the Goals. demonstrate a need for the project, individuals designated to manage the project. F. Review Criteria explain how the project was originated, state who the intended beneficiaries (b) Position descriptions and/or A proposed project should reflect the will be, and describe how the recipients resumes of key personnel, including purposes of ANA’s SEDS policy and will actually benefit from the project. those of consultants, are presented. The goals (described in the Background National Indian and Native position descriptions and/or resumes section of this competitive area and in organizations should describe their relate specifically to the staff proposed the Background section of Competitive membership and define how the in the Approach Page and in the Area 1), include a social and economic organization operates. proposed Budget of the application. development strategy which reflects the (b) Available resources (other than Position descriptions very clearly needs and specific circumstances of the ANA and the non-Federal share) which describe each position and its duties local community, and address the will assist, and be coordinated with the and clearly relate to the personnel specific developmental steps that the project are described. These resources staffing required to achieve the project tribe or Native American community is should be documented by letters of undertaking toward self-sufficiency. objectives. Resumes demonstrate that commitment of resources, not merely the proposed staff are qualified to carry The evaluation criteria are closely letters of support. ‘‘Letters of out the project activities. Either the related to each other and are considered commitment’’ are binding when they position descriptions or the resumes as a whole in judging the overall quality specifically state the nature, the amount, contain the qualifications and/or of an application. Points are awarded and conditions under which another only to applications which are agency or organization will support a specialized skills necessary for overall responsive to this competitive area and project funded with ANA funds. quality management of the project. these criteria. Proposed projects will be ‘‘Letters of support’’ merely express Resumes must be included if reviewed on a competitive basis using another organization’s endorsement of a individuals have been identified for the following evaluation criteria: proposed project. Support letters are not positions in the application. (1) Long-Range Goals and Available binding commitment letters or do not Note: Applicants are strongly encouraged Resources (15 Points) factually establish the authenticity of to give preference to Native Americans in (a) The application describes the long- other resources and do not offer or bind hiring staff and subcontracting services under range goals and strategy, including: specific resources to the project. an approved ANA grant.

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(3) Project Objectives, Approach and assistance conference. This travel and Competitive Area 3. Indian Activities (45 Points) training should occur as soon as Environmental Regulatory Enhancement The application proposes specific practical. Projects project objective work plans with • For business development projects, A. Purpose and Availability of Funds activities related to each specific the proposal demonstrates that the This competitive area funds objective. The objective work plan(s) in expected return on the funds used to environmental regulatory enhancement the application includes project develop the project provides a projects. Approximately $3 million of objectives and activities for each budget reasonable operating income and return financial assistance is anticipated to be period proposed and demonstrates that within a future specified time frame. available for environmental regulatory each of the objectives and its activities: • Includes an employee fringe benefit enhancement projects. ANA expects to • Is measurable and/or quantifiable in budget that provides grant-funded award approximately 35 grants under terms of results or outcomes; this competitive area. The funding level • Supports the community’s social employees with a qualified, self- directed, portable retirement plan in for a budget period of 12 months will be and economic development strategy; up to $250,000. An applicant may • Clearly relates to the community’s addition to Social Security. The applicant must provide a retirement propose project periods of between 12 long-range goals; and 36 months. • Can be accomplished with the plan fringe benefit of five (5) percent of available or expected resources during grant funded employees’ salaries. B. Background the proposed project period; ANA considers a retirement plan to be Despite an increasing environmental • Indicates when the objective, and a necessary, reasonable and allowable responsibility and growing awareness of major activities under each objective, cost in accordance with OMB rules. environmental issues on Indian lands, will be accomplished; Minimum standards for an acceptable there has been a lack of resources • Specifies who will conduct the retirement fringe benefit plan are: available to tribes to develop tribal activities under each objective; and environmental programs that are • • The plan must be ‘‘qualified’’, i.e., Supports a project that will be responsive to tribal needs. In many completed, self-sustaining, or financed approved by the Internal Revenue Service to receive special tax-favored cases, this lack of resources has resulted by other than ANA funds at the end of in a delay in action on the part of the treatment. the project period. tribes. • The plan exists for the exclusive (4) Results or Benefits Expected (20 Some of the critical issues identified Points) benefit of the participants; funds are to by tribes before Congressional be used for retirement and certain other committees include: Completion of the proposed objectives pre-retirement needs, not for the • The need for assistance to train will result in specific, measurable organization’s needs. professional staff to monitor and enforce results. The application shows how the • The plan must have a vesting tribal environmental programs; expected results will help the • The lack of adequate data for tribes schedule that does not exceed the initial community meet its long-range goals. to develop environmental statutes and The specific information provided in budget period of the ANA grant. establish environmental quality the narrative and objective work plans • The plan must be a 401(k) for standards; and on expected results or benefits for each people who work in corporations or • The lack of resources to conduct objective is the standard upon which its 403(b) plan for people who work for studies to identify sources of pollution achievement can be evaluated at the end not-for-profit organizations. An alternate and the ability to determine the impact of each budget year. proposal may be submitted for review on existing environmental quality. As a result, Congress enacted the (5) Budget (10 Points) and approval during grant award negotiations. Alternate proposals may Indian Environmental Regulatory A detailed and fully explained budget include the use of Individual Retirement Enhancement Act of 1990 (Public Law is provided for each budget period Accounts, Money Purchase Pension 101–408) to strengthen tribal requested which: Plans, Defined Benefit Pension Plans, governments through building capacity • Justifies each line item, with a well- Combination Plans, etc. In no case will within the tribes in order to identify, written justification, in the budget plan, develop, and implement a non-qualified deferred compensation categories in Section B of the Budget environmental programs in a manner plan, e.g., Supplemental Executive Information of the application, that is consistent with tribal culture. including the applicant’s non-Federal Retirement Plan (SERPs) or Executive ANA is to support these activities on a share and its source. All applicants are Bonus Plan be accepted. government-to-government basis in a expected to coordinate and organize any G. Application Due Date way that recognizes tribal sovereignty non-ANA resources they propose for the and is consistent with tribal culture. project, as are all ANA applicants. The closing date for submission of The Administration for Native • Includes and justifies sufficient cost applications under this competitive area Americans believes that responsibility and other necessary details to facilitate is: May 12, 2000. Applicants are for achieving environmental regulatory the determination of cost allowability reminded that for this May closing, enhancement rests with the governing and the relevance of these costs to the applications for SEDS grants from bodies of Indian tribes, Alaska Native proposed project; and Alaska Native entities may be submitted villages, and with the leadership of • Requests funds which are under either Competitive Area 1 or Native American groups. appropriate and necessary for the scope Competitive Area 2, but not both. ‘‘Environmental regulatory of the proposed project. enhancement’’ includes (but is not • Includes sufficient funds for H. Contact Information limited to) the planning, development, principal representatives from the and application of laws, training, applicant organization to travel to one Contact the ANA Applicant Help monitoring, and enforcement post-award grant training and technical Desk at 202–690–7776 for assistance. procedures, tribal courts, environmental

VerDate 18-JUN-99 16:16 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00010 Fmt 4701 Sfmt 4703 E:\FR\FM\17AUN2.XXX pfrm04 PsN: 17AUN2 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Notices 44799 laboratories and other facilities, and D. Eligible Applicants Section 501(c)(3) of the IRS code or by associated regulatory activities to The following organizations are providing a copy of the currently valid strengthen the tribal government’s eligible to apply under this competitive IRS tax exemption certificate, or by capacity to enhance the quality of area: providing a copy of the articles of reservation life as measured by the • Federally recognized Indian tribes; incorporation bearing the seal of the reduction of pollutants in the air, water, • Incorporated non-federally and State in which the corporation or soil, food and materials encountered by State recognized Indian tribes; association is domiciled. If the applicant, other than a tribe or inhabitants of tribes and villages. • Alaska Native villages as defined in an Alaska Native Village government, is Progress toward the goal of the Alaska Native Claims Settlement Act proposing a project benefitting Native environmental regulatory enhancement (ANCSA) and/or nonprofit village Americans or Native Alaskans, or both, would include the strengthening of consortia; it must provide assurance that its duly tribal environmental laws, providing for • Nonprofit Alaska Native Regional elected or appointed board of directors the training and education of those Corporations/Associations with village is representative of the community, to employees responsible for ensuring specific projects; and be served. To establish compliance with compliance with and enforcement of • Other tribal or village organizations the requirement in the regulations for a these laws, and the development of or consortia of Indian tribes. Board representative of the community programs to conduct compliance and • Tribal governing bodies (IRA or applicants should provide information enforcement functions. traditional councils) as recognized by establishing that at least ninety (90) Other functions leading toward the Bureau of Indian Affairs. percent of the individuals serving on a enhancing local regulatory capacity The following organizations are not non-profit applicant’s board fall into include, but are not limited to: eligible to apply based on the one or more of the following categories: • Environmental assessments; determination that they do not own or (1) A current or past member of the • Development and use of manage resources for which community to be served; (2) a environmental laboratories; and environmental regulatory projects are prospective participant or beneficiary of directed and therefore are not • Development of court systems for the project to be funded; or (3) have a empowered to perform such projects: cultural relationship with the enforcement of tribal and Federal • Urban Indian Centers; environmental laws. • community to be served. A list of board Incorporated nonprofit multi- members with this information Ultimate success in this program will purpose community-based Indian be realized when the applicant’s desired including Tribal or Village affiliation, is organizations; one of the most suitable approaches for level of environmental quality is • Public and nonprofit private acquired and maintained. demonstrating compliance with this agencies serving: Native Hawaiians, requirement. C. Proposed Projects To Be Funded peoples from Guam, American Samoa, Under each competitive area, ANA the Commonwealth of Northern Mariana will only accept one application which Financial assistance provided by ANA Islands, and the Republic of Palau; serves or impacts a reservation, Tribe, or is available for developmental projects • Incorporated nonprofit Alaska Native American community. If a designed to assist tribes in advancing Native multi-purpose community based federally recognized Tribe or Alaska their capacity and capability to plan for organizations; and Native village chooses not to apply, it and: • National or regional incorporated • may support another applicant’s project Develop or enhance the tribal nonprofit Native American (e.g., a tribal organization) which serves environmental regulatory infrastructure organizations with Native American or impacts their reservation. In this case, required to support a tribal community-specific objectives. the applicant must include a Tribal environmental program, and to regulate Further information on eligibility resolution which clearly demonstrates and enforce environmental activities on requirements is presented in Part I, the Tribe’s approval of the project and Indian lands pursuant to Federal and ANA Policy and Goals. Some important the Tribe’s understanding that the other Indian law; policies found in Part I are highlighted applicant’s project supplants the Tribe’s • Develop regulations, ordinances as follows: authority to submit an application and laws to protect the environment; Current ANA Indian Environmental under that specific competitive area • Develop the technical and program Regulatory Enhancement project both for the current competition and for capacity to carry out a comprehensive grantees whose grant project period the duration of the approved grant tribal environmental program and ends on or before September 30, 2000 period. perform essential environmental are eligible to apply for a grant award E. Grantee Share of the Project program functions; under this program announcement. The Project Period is noted in Block 9 of the • Promote environmental training Grantees must provide at least 20 ‘‘Financial Assistance Award’’ and education of tribal employees; percent of the total approved cost of the document. Applicants for new grants project; i.e. the sum of the Federal share • Develop technical and program may not have a pending request to and the non-Federal share. Further capability to meet tribal and Federal extend their existing grant beyond information on this requirement is regulatory requirements; September 30, 2000. • presented in Part I, ANA Policy and Develop technical and program Any non-profit organization Goals. capability to monitor compliance and submitting an application must submit enforcement of tribal environmental proof of its non-profit status in the F. Review Criteria regulations, ordinances, and laws; and application at the time of submission. A proposed project should reflect the • Ensure the tribal court system The non-profit agency can accomplish environmental regulatory purposes enforcement requirements are this by providing a copy of the stated and described in the Background developed in concert with and support applicant’s listing in the Internal section of this competitive area. The the tribe’s comprehensive Revenue Service’s (IRS) most recent list evaluation criteria are closely related to environmental program. of tax exempt organizations described in each other and are considered as a

VerDate 18-JUN-99 16:16 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00011 Fmt 4701 Sfmt 4703 E:\FR\FM\17AUN2.XXX pfrm04 PsN: 17AUN2 44800 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Notices whole in judging the overall quality of other resources and do not offer or bind management of the project. Resumes an application. Points are awarded only specific resources to the project. must be included if individuals have to applications which are responsive to For example, a letter from another been identified for positions in the this competitive area and these criteria. Federal agency or foundation pledging a application. Proposed projects will be reviewed on a commitment of $200,000 in Note: Applicants are strongly encouraged competitive basis using the following construction funding to complement to give preference to Native Americans in evaluation criteria: proposed ANA funded pre-construction hiring staff and subcontracting services under activity is evidence of a firm funding an approved ANA grant. (1) Long-Range Goals and Available commitment. These resources may be (3) Project Objectives, Approach and Resources (15 Points) human, natural or financial, and may Activities (40 Points) (a) The application describes the long- include other Federal and non-Federal range goals and strategy, including: resources. (Applicant statements that The application proposes specific • How specific environmental additional funding will be sought from project objective work plans with regulatory enhancement long-range other specific sources are not activities arelated to each specific goal(s) relate to the proposed project considered a binding commitment of objective. The objective work plan(s) in and strategy; outside resources.) the application includes project • How the community intends to Non-ANA resources should be objectives and activities for each budget achieve these goals; leveraged to strengthen and broaden the period proposed and demonstrates that each of the objectives and its activities: • The applicant’s specific impact of the proposed project in the • Is measurable and/or quantifiable in environmental regulatory needs; and community. Project designs should terms of results or outcomes; • A clearly delineated strategy to explain how those parts of projects which ANA does not fund will be • Supports the community’s strategy improve the capability of the governing financed through other sources. For for environmental regulatory body of a tribe to regulate example, ANA does not fund enhancement; environmental quality through • construction. Applicants must show the Clearly relates to the community’s enhancing local capacity to perform relationship of non-ANA funded long-range environmental goals; necessary regulatory functions. • activities to those objectives and Can be accomplished with the The application identifies and activities that are funded with ANA available or expected resources during documents pre-existing and planned grant funds. the proposed project period; involvement and support of the • Indicates when the objective, and community in the planning process and (2) Organizational Capabilities and major activities under each objective, implementation of the proposed project. Qualifications (15 Points) will be accomplished; • The type of community you serve and (a) The management and Specifies who will conduct the nature of the proposal being made, will activities under each objective; and administrative structure of the applicant • influence the type of documentation is described and explained. Evidence of Supports a project that will be necessary. For example, a Tribe may the applicant’s ability to manage a completed, self-sustaining, or financed choose to address this requirement by project of the scope proposed is well by other than ANA funds at the end of submitting a resolution stating that documented. The application clearly the project period. community involvement has occurred shows the successful management of (4) Results or Benefits Expected. (20 in the project planning or may projects of similar scope by the points) determine that additional community organization, and/or by the individuals support work is necessary. Completion of the proposed objectives designated to manage or consult on the will result in specific, measurable Similarly, a tribal organization may project. The tribe itself may not have results. The application shows how the submit resolutions supporting the experience to meet this requirement but expected results will help the project proposal from each of its the proposed staff and consultants community meet its long-range member tribes, as well as a resolution should have the required qualifications environmental goals. The specific from the applicant organization. Other and experience. The application should information provided in the narrative examples of documentation include: clearly describe any previous or current and objective work plans on expected community surveys; minutes of activities of the applicant organization results or benefits for each objective is community meetings; questionnaires; or proposed staff and/or consultants in the standard upon which its tribal presentations; and/or discussion/ support of environmental regulatory achievement can be evaluated at the end position papers. enhancement. of each budget year. (b) Available resources (other than (b) Position descriptions and/or ANA and the non-Federal share) which resumes of key personnel, including (5) Budget (10 points) will assist, and be coordinated with the those of consultants, are presented. The A detailed and fully explained budget project are described. These resources position descriptions and/or resumes is provided for each budget period should be documented by letters of relate specifically to the staff proposed requested which: commitment of resources, not merely in the Approach Page and in the • Justifies each line item, with a well- letters of support. ‘‘Letters of proposed Budget of the application. written justification, in the budget commitment’’ are binding when they Position descriptions very clearly categories in Section B of the Budget specifically state the nature, the amount, describe each position and its duties Information of the application, and conditions under which another and clearly relate to the personnel including the applicant’s non-Federal agency or organization will support a staffing required to achieve the project share and its source. All applicants are project funded with ANA funds. objectives. Resumes indicate that the expected to coordinate and organize the ‘‘Letters of support’’ merely express proposed staff are qualified to carry out delivery of any non-ANA resources they another organization’s endorsement of a the project activities. Either the position propose for the project, as are all ANA proposed project. Support letters are not descriptions or the resumes contain the applicants. binding commitment letters or do not qualifications and/or specialized skills • Includes and justifies sufficient cost factually establish the authenticity of necessary for overall quality and other necessary details to facilitate

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Definitions • Requests funds which are for staff salaries for those functions appropriate and necessary for the scope Funding areas in this program which support the organization as a of the proposed project. announcement are based on the whole, or for purposes unrelated to the • Includes sufficient funds for following definitions: actual management or implementation principal representatives from the • A ‘‘multi-purpose community-based of work conducted under an ANA applicant organization to travel to one Native American organization’’ is an approved project. Under Competitive post-award grant training and technical association and/or corporation whose Area 2, ANA will consider funding core assistance conference. This travel and charter specifies that the community administrative capacity building training should occur as soon as designates the Board of Directors and/or projects at the village government level practical. officers of the organization through an if the village does not have governing • For business development projects, elective procedure and that the systems in place. However, functions the proposal demonstrates that the organization functions in several and activities that are clearly project expected return on the funds used to different areas of concern to the related are eligible for grant funding. For develop the project provides a members of the local Native American example, the management and reasonable operating income and return community. These areas are specified in administrative functions necessary to within a future specified time frame. the by-laws and/or policies adopted by carry out an ANA approved project are • Includes an employee fringe benefit the organization. They may include, but not considered ‘‘core administration’’ budget that provides grant-funded need not be limited to, economic, and are, therefore, eligible costs. employees with a qualified, self- artistic, cultural, and recreational Additionally, ANA will fund the directed, portable retirement plan in activities, and the delivery of human salaries of approved staff for time addition to Social Security. The services such as health care, day care, actually and reasonably spent to applicant must provide a retirement counseling, education, and training. implement a funded ANA project. • plan fringe benefit of five (5) percent of A ‘‘multi-year project’’ is a project B. Activities That Cannot Be Funded grant funded employees-salaries. grant on a single theme that requires more project. than 12 months to complete and affords The Administration for Native ANA considers a retirement plan to be the applicant an opportunity to develop Americans does not fund: • Projects that operate indefinitely or a necessary, reasonable and allowable and address more complex and in-depth require ANA funding on a recurring cost in accordance with OMB rules. strategies than can be completed in one basis. Minimum standards for an acceptable year. A multi-year project cannot be a • series of unrelated objectives with Projects in which a grantee would retirement fringe benefit plan are: provide training and/or technical • The plan must be ‘‘qualified’’, i.e., activities presented in chronological order over a two or three year period. assistance (T/TA) to other tribes or approved by the Internal Revenue Native American organizations which • ‘‘Budget Period’’ is the interval of Service to receive special tax-favored are otherwise eligible to apply to ANA time (usually 12 months) into which the treatment. (‘‘third party T/TA’’). However, the • project period is divided for budgetary The plan exists for the exclusive purchase of T/TA by a grantee for its and funding purposes. benefit of the participants; funds are to own use or for its members’ use (as in • ‘‘Core administration’’ is funding be used for retirement and certain other the case of a consortium), where T/TA for staff salaries for those functions pre-retirement needs, not for the is necessary to carry out project which support the organization as a organization’s needs. objectives, is acceptable. In addition, T/ • whole, or for purposes unrelated to the The plan must have a vesting TA is an allowable activity for actual management or implementation schedule that does not exceed the initial environmental regulatory enhancement of work conducted under an ANA budget period of the ANA grant. projects submitted under Competitive • The plan must be a 401(k) for approved project. • Area 3. people who work in corporations or ‘‘Environmental regulatory • The support of on-going social 403(b) plan for people who work for enhancement’’ includes (but is not service delivery programs or the not-for-profit organizations. An alternate limited to) the planning, development, expansion, or continuation, of existing proposal may be submitted for review and application of laws, training, social service delivery programs. and approval during grant award monitoring, and enforcement • ANA will not fund the purchase of negotiations. Alternate proposals may procedures, tribal courts, environmental real property. include the use of Individual Retirement laboratories and other facilities, and • ANA will not fund construction. Accounts, Money Purchase Pension associated regulatory activities to • Objectives or activities for the Plans, Defined Benefit Pension Plans, strengthen the tribal government’s support of core administration of an Combination Plans, etc. In no case will capacity to enhance the quality of organization. a non-qualified deferred compensation reservation life as measured by the • Costs of fund raising, including plan, e.g., Supplemental Executive reduction of pollutants in the air, water, financial campaigns, endowment drives, Retirement Plan (SERPs) or Executive soil, food and materials encountered by solicitation of gifts and bequests, and Bonus Plan be accepted. inhabitants of tribes and villages. similar expenses incurred solely to raise • ‘‘Real Property’’ means land, capital or obtain contributions are G. Application Due Date including land improvements, unallowable under a grant award. The closing date for submission of structures and appurtenances thereto, However, even though these costs are applications under this competitive area excluding movable machinery and unallowable for purposes of computing is February 25, 2000. equipment. charges to Federal awards, they must be H. Contact Information • ‘‘Construction’’ is the term which treated as direct costs for purposes of Contact the ANA Applicant Help specifies a project supported through a determining indirect cost rates and be Desk at 202–690–7776 for assistance. discretionary grant or a cooperative allocated their share of the

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The FAA will will not meet the purposes of this Management, ACF Mail Room, Second state the amount of Federal funds announcement are discussed further in Floor Loading Dock, Aerospace Center, awarded, the purpose of the grant, the Part III, Section G, General Guidance to 901 D Street, S.W., Washington, D.C. terms and conditions of the grant award, Applicants, below. 20024, Attention: Lois B. Hodge, ANA the effective date of the award, the C. Multi-Year Projects No. 93612–001. project period, the budget period, and the amount of the non-ACF matching 2. Application Consideration A multi-year project is a project on a share requirement. single theme that requires more than 12 The ANA Commissioner determines • Each tribe, Native American months to complete and affords the the final action to be taken on each grant organization, or other eligible applicant applicant an opportunity to develop and application received under this program may compete for a grant award in each address more complex and in-depth announcement. of the three competitive areas. However, strategies than can be completed in one The following points should be taken no applicant may receive more than one year. Applicants are encouraged to into consideration by all applicants: SEDS grant. The Administration for develop multi-year projects. A multi- • Incomplete applications and Native Americans will accept only one year project cannot be a series of applications that do not conform to this application per competitive area from unrelated objectives with activities announcement will not be accepted for any one applicant. Alaska Native presented in chronological order over a review. Applicants will be notified in entities may receive a grant under either two or three year period. writing of any such determination by competitive area 1 or 2, but not under Awards, on a competitive basis, will ANA. An incomplete application is one both. Therefore, applications for SEDS be for a one-year budget period, that is: although project periods may be for grants from Alaska Native entities may • Missing Form SF 424 be submitted under either Competitive three years. Applications for • continuation grants funded under these Does not have a signature on Form SF Area 1 or Competitive Area 2, but not 424 both at the same time. awards beyond the one-year budget • • period, but within a two-to-three year Does not include proof of non-profit If an eligible applicant sends in two project period, will be entertained in status, if applicable applications for the same competitive subsequent years on a non-competitive • The application (Form 424) must be area, the one with the earlier postmark basis, subject to the availability of signed by an individual authorized (1) will be accepted for review unless the funds, satisfactory progress of the to act for the applicant tribe or applicant withdraws the earlier grantee and determination that organization, and (2) to assume the application. continued funding would be in the best applicant’s obligations under the terms F. The Review Process interest of the Government. Therefore, and conditions of the grant award, 1. Initial Application Review this program announcement does not including Native American Program apply to current ANA grantees with statutory and regulatory requirements. Applications submitted by the closing multi-year projects that apply for • Complete applications that conform date and verified by the postmark under continuation funding for their second or to all the requirements of this program this program announcement will third year budget periods. announcement are subjected to a undergo a pre-review to determine that: competitive review and evaluation • The applicant is eligible in D. Intergovernmental Review of Federal process (discussed in section G below). accordance with the Eligible Applicants Programs Independent review panels consisting of Section of this announcement; and This program is not covered by reviewers familiar with American • The application is signed and Executive Order 12372 or 45 CFR Part Indian Tribes and Native American submitted by the deadline explained in 100. communities and organizations, and section G, Application Due Date, in each environmental issues, as appropriate, E. The Application Process competitive area of this announcement. evaluate each application using the • The application narrative, forms 1. Application Submission by Mail published criteria in each funding and materials submitted are adequate to One signed original, and two copies, competitive area. As a result of the allow the review panel to undertake an of the grant application, including all review, a normalized numerical score in depth evaluation and the project attachments, must be mailed on or will be assigned to each application. A described is an allowable type. (All before the specific closing date of each normalized score reflects the average required materials and forms are listed ANA competitive area to: U.S. score from the reviewers, adjusted to in the Grant Application Checklist in Department of Health and Human reflect the average score from the the Application Kit). Services, Administration for Children panels. Applications subjected to the pre- and Families, ACYF/Office of Grants • The Commissioner’s funding review described above which fail to Management, 370 L’Enfant Promenade, decision is based on the review panel’s satisfy one or more of the listed S.W., Mail Stop HHH 326–F, analysis of the application, requirements will be ineligible or Washington, D.C. 20447–0002, recommendation and comments of ANA otherwise excluded from competitive Attention: Lois B. Hodge, ANA No. staff, State and Federal agencies having evaluation. 93612–001. contract and grant performance related information, and other parties. 2. Competitive Review of Accepted 2. Application Submission by Courier • The Commissioner makes grant Applications Hand delivered applications are awards consistent with the purpose of Applications which pass the pre- accepted between the hours of 8:00 a.m. the Act, all relevant statutory and review will be evaluated and rated by an

VerDate 18-JUN-99 16:16 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00014 Fmt 4701 Sfmt 4703 E:\FR\FM\17AUN2.XXX pfrm04 PsN: 17AUN2 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Notices 44803 independent review panel on the basis that there has been community application kit. It is strongly of the specific evaluation criteria listed involvement in the planning of this recommended that an applicant use in Part II. These criteria are used to project will suffice as evidence of these materials as guides in developing evaluate the quality of a proposed community support/involvement. For a proposal for an economic project, and to determine the likelihood all other eligible applicants, the type of development project or business that is of its success. community you serve will determine part of the application. ANA staff cannot respond to requests the type of documentation necessary. • Applications which were not for information regarding funding For example, a tribal organization may funded under a previous closing date decisions prior to the official submit resolutions supporting the and revised for resubmission should notification to the applicants. project proposal from each of its make reference to the changes, or After the Commissioner has made members tribes, as well as a resolution reasons for not making changes, in their decisions on all applications, from the applicant organization. Other current application. unsuccessful applicants are notified in examples of documentation include: 2. Technical Guidance writing within 30 days. The notification community surveys; minutes of will be accompanied by a critique community meetings; questionnaires; • It is strongly suggested that the including recommendations for tribal presentations; and/or discussion/ applicant follow the Supplemental improving the application. position papers. Guide included in the ANA application • Applications from National Indian kit to develop an application. The Guide 3. Appeal of Ineligibility and Native American organizations provides practical information and Applicants who are initially excluded must demonstrate a need for the project, helpful suggestions, and is an aid to from competitive evaluation because of explain how the project was originated, help applicants prepare ANA ineligibility, may appeal an ANA state who the intended beneficiaries applications. decision of applicant ineligibility. will be, and describe how the recipients • Applicants are encouraged to have Likewise, applicants may also appeal an will actually benefit from the project. someone other than the author apply the ANA decision that an applicant’s • An application should describe a evaluation criteria in the program proposed activities are ineligible for clear relationship between the proposed announcement and score the funding consideration. The appeals project, the social and economic application prior to its submission, in process is stated in the final rule development strategy, or environmental order to gain a better sense of the published in the Federal Register on or language goals, as appropriate, and application’s quality and potential August 19, 1996 (61 FR 42817). the community’s long-range goals or competitiveness in the ANA review plan. process. G. General Guidance to Applicants • The project application, including • For purposes of developing an The following information is provided the Objective Work Plans, must clearly application, applicants should plan for to assist applicants in developing a identify in measurable terms the a project start date approximately 120 competitive application. expected results, benefits or outcomes of days after the closing date under which the proposed project, and the positive or the application is submitted. 1. Program Guidance continuing impact that the project will • The Administration for Native • The Administration for Native have on the community. Americans will not fund essentially Americans funds projects that • Supporting documentation, identical projects serving the same demonstrate the strongest prospects for including letters of support, if available, constituency. addressing the stated purposes of this or other testimonies from concerned • If a project could be supported by program announcement. interests other than the applicant should other Federal funding sources, the • Projects will not be ranked on the be included to demonstrate support for applicant should fully explain its basis of general financial need. the feasibility of the project and the reasons for not pursuing other Federal • In discussing the goals, strategy, commitment of other resources to the funds for the project. and problems being addressed in the proposed project. • For purposes of this announcement, application, include sufficient • In the ANA Project Narrative, ANA is using the Bureau of Indian background and/or history of the Section A of the application package, Affairs’ list of Federally recognized community concerning these issues ‘‘Resources Available to the Proposed Indian tribes which includes nonprofit and/or progress to date, as well as the Project,’’ the applicant should describe Alaska Native community entities or size of the population to be served. This any specific financial circumstances tribal governing bodies (IRA or material will assist the reviewers in which may impact on the project, such traditional councils). Other Federally determining the appropriateness and as any monetary or land settlements recognized Indian tribes which are not potential benefits of the proposed made to the applicant, and any included on this list (e.g., those Tribes project. restrictions on the use of those which have been recently recognized or • In the discussion of community- settlements. When the applicant appears restored by the United States Congress) based, long-range goals, non-Federally to have other resources to support the are also eligible to apply for ANA funds. recognized and off-reservation groups proposed project and chooses not to use • The Objective Work Plan proposed are encouraged to include a description them, the applicant should explain why should be of sufficient detail to become of what constitutes their specific it is seeking ANA funds and not a monthly staff guide for project ‘‘community.’’ utilizing these resources for the project. responsibilities if the applicant is • Applicants must document the • Applicants proposing an Economic funded. community’s support for the proposed Development project should address the • If a profit-making venture is being project and explain the role of the project’s feasibility. A business plan proposed, profits must be reinvested in community in the planning process and describing the project’s feasibility and the business in order to decrease or implementation of the proposed project. approach for the implementation and eliminate ANA’s future participation. For tribes, a current signed resolution marketing of the business is Such revenue must be reported as from the governing body of the tribe recommended. ANA has included general program income. A decision supporting the project proposal stating sample business plans in the will be made at the time of grant award

VerDate 18-JUN-99 16:16 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00015 Fmt 4701 Sfmt 4703 E:\FR\FM\17AUN2.XXX pfrm04 PsN: 17AUN2 44804 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Notices regarding appropriate use of program of the project period. The approved • Projects that will not be completed, income. (See 45 CFR Part 74 and Part project period is shown on block 9 of a self-sustaining, or supported by other 92.) Financial Assistance Award. than ANA funds, at the end of the • Applicants proposing multi-year • Line 15a of the Form 424 must project period. All projects funded by projects must fully describe each year’s specify the Federal funds requested for ANA must be completed, or self- project objectives and activities. the first Budget Period, not the entire sustaining or supported with other than Separate Objective Work Plans (OWPs) project period. ANA funds at the end of the project must be presented for each project year • Applicants may propose a 17- period. ‘‘Completed’’ means that the and a separate itemized budget of the month project period. However, the project ANA funded is finished, and the Federal and non-Federal costs of the project period for the first year of a desired result(s) have been attained. project for each budget period must be multi-year project may only be 12 ‘‘Self-sustaining’’ means that a project included. months. will continue without outside resources. • Applicants for multi-year projects ‘‘Supported by other than ANA funds’’ must justify the entire time-frame of the 4. Projects or Activities That Generally means that the project will continue project (i.e., why the project needs Will Not Meet the Purposes of This beyond the ANA project period, but will funding for more than one year) and Announcement be supported by funds other than clearly describe the results to be • Projects that request funds for ANA’s. achieved for each objective by the end feasibility studies, business plans, • Once a tribe has been denied of each budget period of the total project marketing plans or written materials, federal recognition through the BIA period. such as manuals, that are not an Federal Acknowledgment Process, ANA • The Administration for Native essential part of the applicant’s long- will not fund objectives relating to the Americans will critically evaluate range development plan. As an objective attainment of federal recognition, unless applications in which the acquisition of of a larger project, business plans are the objectives deal specifically and equipment is a major component of the allowable. However, ANA is not exclusively with the formal appeal of a Federal share of the budget. ‘‘Equipment interested in funding ‘‘wish lists’’ of denial. • is tangible, non-expendable personal business possibilities. ANA expects ANA will not fund investment property having a useful life of more written evidence of the solid investment capital for purchase or takeover of an than one year and an acquisition cost of of time and consideration on the part of existing business, for purchase or $5,000 or more per ‘‘unit.’’ During the applicant with regard to the acquisition of a franchise, or for negotiation, such expenditures may be development of business plans. purchase of stock or other similar deleted from the budget of an otherwise investment instruments. Business plans should be developed • approved application, if not fully based on market analysis and feasibility Renovation or alteration unless it is justified by the applicant and deemed studies regarding the potential success essential for the project. Renovation or not appropriate to the needs of the to the business prior to the submission alteration costs may not exceed the project by ANA. lesser of $150,000 or 25 percent of the • of the application. Applicants are encouraged to • Core administration functions, or total direct costs approved for the entire request a legibly dated receipt from a other activities, which essentially budget period. • Projects originated and designed by commercial carrier or U.S. Postal support only the applicant’s on-going consultants who provide a major role for Service as proof of timely mailing. administrative functions. However, themselves in the proposed project and under Competitive Area 2, ANA will 3. Grant Administrative Guidance are not members of the applicant consider funding core administrative • The application’s Form 424 must be organization, tribe or village. signed by the applicant’s representative capacity building projects at the village authorized to act with full authority on government level if the village does not H. Paperwork Reduction Act of 1995 have governing systems in place. Under the Paperwork Reduction Act behalf of the applicant. • • The Administration for Native Project goals which are not of 1995, Pub. L. 104–13, the Department Americans recommends that the pages responsive to one or more of the funding is required to submit to the Office of of the application be numbered competitive areas. Management and Budget (OMB) for sequentially and that a table of contents • Proposals from consortia of tribes review and approval any reporting and be provided. Simple tabbing of the that are not specific with regard to record keeping requirements in sections of the application is also support from, and roles of, member regulations including program helpful. tribes. ANA expects an application from announcements. This program • An application with an original a consortium to have goals and announcement does not contain signature and two additional copies are objectives that will create positive information collection requirements required. impacts and outcomes in the beyond those approved for ANA grant • The Cover Page (included in the communities of its members. Proposals applications under the Program Kit) should be the first page of an from consortia of tribes should have Narrative Statement by OMB. application, followed by the one-page individual objectives which are related abstract. to the larger goal of the proposed I. Receipt of Applications • The applicant should specify the project. Project objectives may be Applications must either be hand entire project period length on the first tailored to each consortia member, but delivered or mailed to the address in page of the Form 424, Block 13, not the within the context of a common goal for Section E, The Application Process. The length of the first budget period. Should the consortia. In situations where both Administration for Native Americans the application propose one length of a consortia of tribes and the tribes who cannot accommodate transmission of project period and the Form 424 specify belong to the consortia receive ANA applications by fax or through other a conflicting length of project period, funding, ANA expects that consortia electronic media. Therefore, ANA will consider the project period groups will not seek funding that applications transmitted to ANA specified on the Form 424 as the duplicates activities being conducted by electronically will not be accepted request. ANA may negotiate a reduction their member tribes. regardless of date or time of submission

VerDate 18-JUN-99 16:16 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00016 Fmt 4701 Sfmt 4703 E:\FR\FM\17AUN2.XXX pfrm04 PsN: 17AUN2 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Notices 44805 and time of receipt. Videotapes and • Applications hand carried by 2. Late applications cassette tapes may not be included as applicants, applicant couriers, or by part of a grant application for panel overnight/express mail couriers shall be Applications which do not meet the review. considered as meeting an announced criteria above are considered late applications. ACF shall notify each late Applications and related materials deadline if they are received on or applicant that its application will not be postmarked after the closing date will be before the deadline date or postmarked considered in the current competition. classified as late. on or before the deadline date, Monday through Friday (excluding Federal 3. Extension of deadlines 1. Deadlines holidays), between the hours of 8:00 am and 4:30 pm at: U.S. Department of • Mailed applications shall be The Administration for Children and Health and Human Services, considered as meeting an announced Families may extend an application Administration for Children and deadline if they are either received on deadline for applicants affected by acts Families, ACYF/Office of Grants or before the deadline date or sent on or of God such as floods and hurricanes, or Management, ACF Mailroom, 2nd Floor before the deadline date and received by when there is a widespread disruption Loading Dock, Aerospace Center, 901 D ACF in time for the independent review of the mails. A determination to extend Street, S.W., Washington, D.C. 20024. to: U.S. Department of Health and or waive deadline requirements rests (Applicants are cautioned that express/ Human Services, Administration for with the Chief Grants Management overnight mail services do not always Officer. Children and Families, ACYF/Office of deliver as agreed.) Grants Management, 370 L’Enfant, SW, • ACF cannot accommodate (Catalog of Federal Domestic Assistance Mail Stop HHH 326–F, Washington, DC transmission of applications by fax or Program Numbers: 93.612 Native American Programs; and 93.581 Improving the 20447–0002 Attention: Lois B. Hodge through other electronic media. ANA No. 93612–001. Capability of Indian Tribal Governments to Therefore, applications transmitted to Regulate Environmental Quality) • Applicants are cautioned to request ACF electronically will not be accepted Dated: August 9, 1999. a legibly dated U.S. Postal Service regardless of date or time of submission postmark or to obtain a legibly dated and time of receipt. Gary N. Kimble, receipt from a commercial carrier or the • No additional material will be Commissioner, Administration for Native U.S. Postal Service. Private metered accepted, or added to an application, Americans. postmarks shall not be acceptable as unless it is postmarked by the deadline [FR Doc. 99–21175 Filed 8–16–99; 8:45 am] proof of timely mailing. date. BILLING CODE 4184±01±P

VerDate 18-JUN-99 16:16 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00017 Fmt 4701 Sfmt 4703 E:\FR\FM\17AUN2.XXX pfrm04 PsN: 17AUN2 eDt 8JN9 20 u 6 99Jt134 O000Fm001Ft41 ft41 :F\M1AN.X fm1PsN:17AUN3 pfrm01 E:\FR\FM\17AUN3.XXX Sfmt4717 Fmt4717 Frm00001 PO00000 Jkt183247 12:01Aug16, 1999 VerDate 18-JUN-99 federal register August 17,1999 Tuesday Program; Notice Force TrainingandTechnicalAssistance Internet CrimesAgainstChildrenTask Delinquency Prevention Office ofJuvenileJusticeand Justice Department of Part III 44807 44808 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Notices

DEPARTMENT OF JUSTICE exploitation of children by offenders and the victim untreated. It is clear to using the Internet, online OJJDP that the intersecting of the Office of Juvenile Justice and communication systems, or other increasing online presence of children, Delinquency Prevention computer technology. The second is to the proliferation of child pornography, assist OJJDP to administer the ICAC and preferential sex offenders [OJP (OJJDP)±1242] Task Force Program through the ceaselessly searching for unsupervised RIN 1121±ZB76 provision of training and technical contact with underage victims presents assistance and other activities as a significant threat to the health and Internet Crimes Against Children Task determined by OJJDP. For purposes of safety of children. Force Training and Technical this program announcement, ‘‘Internet In response to this threat, Congress in Assistance Program crimes against children’’ refers to sexual the FY 1998 Omnibus Appropriations exploitation of children facilitated by Act, Public Law 105–119, authorized AGENCY: Office of Justice Programs, computers and includes crimes of child OJJDP to stimulate the creation of ‘‘State Office of Juvenile Justice and and local law enforcement cyber units Delinquency Prevention, Justice. pornography and online solicitation for sexual purposes. to investigate child sexual exploitation.’’ ACTION: Announcement of Discretionary In September 1998, with 10 awards to Competitive Assistance Grant. Background State and local law enforcement Industry experts estimate that more agencies across the Nation, OJJDP SUMMARY: Notice is hereby given that than 10 million children currently go initiated a national program to counter the Office of Juvenile Justice and online and, by the year 2002, 45 million the emerging threat of offenders using Delinquency Prevention (OJJDP), children will use cyberspace to talk the Internet or other online technology pursuant to Public Law 105–277, with friends, explore the universe, or to sexually exploit children. Designed to October 19, 1998, the Omnibus complete homework assignments. While encourage communities to adopt a Consolidated and Emergency providing almost limitless opportunities multidisciplinary, multijurisdictional Supplemental Appropriation Act of to learn, the Internet has also become response to online enticement and child 1999, is requesting applications from the new venue for predators seeking pornography cases, the Internet Crimes organizations to provide a training and children to victimize. Cloaked in the Against Children Task Force (ICAC Task technical assistance program that will anonymity of cyberspace, sex offenders Force) Program ensures that assist OJJDP in developing and can capitalize on the natural curiosity of participating State and local law delivering programs and activities children, seeking victims with little risk enforcement agencies can acquire the designed to counter the computer- of detection. Preferential sex offenders 1 necessary knowledge, equipment, and facilitated sexual exploitation of can roam from chat room to chat room personnel resources to prevent, children. Congress has directed OJJDP to trolling for children susceptible to interdict, or investigate ICAC offenses. sponsor ‘‘town meetings to focus on victimization. This alarming trend has Under this program, ICAC Task forces cybercrimes against children in local grave implications for parents, teachers, serve as regional sources of prevention, communities across the country’’ and to and law enforcement officers because it education, and investigative expertise to deliver ‘‘highly technical sophisticated circumvents conventional safeguards in provide assistance to parents, teachers, computer training for State and local place for the physical world and law enforcement, and other law enforcement.’’ In addition to town provides sex offenders virtually professionals working on child meetings, activities will include unlimited opportunities for victimization issues. delivering computer forensic training to unsupervised contact with children. Agencies receiving ICAC Task Force State and local law enforcement officers, The Internet has also become a major Program funding in FY 1998 were and providing OJJDP with the technical medium for distribution of child Bedford County, Virginia, Sheriff’s assistance capacity to administer the pornography. In 1982, in New York v. Department; Broward County, Florida, Internet Crimes Against Children Task Ferber, 458 U.S. 747 (1982), the Sheriff’s Department; Colorado Springs, Force (ICAC Task Force) Program. Supreme Court stated: ‘‘The distribution Colorado, Police Department; Dallas, DATES: Applications must be received of photographs and films depicting Texas, Police Department; Illinois State by October 1, 1999. sexual activity by juveniles is Police; New York State Division of ADDRESSES: Interested applicants must intrinsically related to the sexual abuse Criminal Justices Services; Portsmouth, obtain an application kit from the of children . . . the materials produced New Hampshire, Police Department; Juvenile Justice Clearinghouse at 800– are a permanent record of the children’s Sacramento County, California, Sheriff’s 638–8736. The application kit is also participation and the harm to the child Office; the South Carolina Office of the available at OJJDP’s Web site at is exacerbated by their circulation.’’ Attorney General; and the Wisconsin www.ojjdp.ncjrs.org/grants/about.html/ Child pornography not only depicts the Department of Justice. Under a cooperative agreement with #kit. sexual assault of a child, but is also used OJJDP, the National Center for Missing FOR FURTHER INFORMATION CONTACT: by child molesters to recruit, seduce, and control future victims. It is used to and Exploited Children (NCMEC) also Michael Medaris, ICAC Task Force plays a crucial role in enhancing the Program Manager, Office of Juvenile break down inhibitions, validate sex between children and adults as normal, national response to Internet crimes Justice and Delinquency Prevention, against children by providing a wide and control the victim throughout the 202–616–8937. range of activities including the molestation. When the offender loses This is not a toll-free number. CyberTipline, which provides a way for interest, it is often used as blackmail to children, parents, and concerned SUPPLEMENTARY INFORMATION: ensure the child’s silence and in these citizens to report information online most egregious cases, child pornography Purpose about suspected child exploitation allows the molester to go unpunished This program has two purposes. The activity to law enforcement; prevention first is to assist State and local law 1 For the purposes of this program, preferential and education programs; and training enforcement agencies enhance their sex offenders are defined as individuals whose courses for law enforcement. For investigative response to sexual primary sexual focus is on children. example, NCMEC’s Protecting Children

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Online course provides investigators documented properly, collect virtually operation of the ICAC Task Force specific information regarding behavior unassailable evidence regarding a Program. characteristics, technical demands of suspect’s predilection to sexually Goal Internet investigations, interviewing and exploit children. These operations allow interrogation techniques, and other law enforcement to go on the offensive To develop a training and technical aspects of law enforcement essential to and—what is most important—children assistance program to assist State and effective investigation of these offenses. do not have to be victimized to bring a local law enforcement to respond to Its Protecting Children Online Unit case. While there is substantial ICAC offenses and to assist OJJDP in Commander Seminar focuses on the consensus that carefully managed supporting the ICAC Task Force broader policy and procedural issues undercover operations by well-trained Program. that confront law enforcement managers officers are very effective, they also Objectives developing strategies for responding to generate significant concerns regarding Internet crimes against children. legal, coordination, communication, and The project must accomplish the In FY 1999, OJJDP will provide following objectives: resource management issues. • continuation funding to the 10 original To address these concerns, OJJDP has Develop and deliver a technical task forces. It will also expand the ICAC established ICAC Task Force operational investigative course that complements Task Force Program by adding 8 new and investigative standards (Standards) the curriculum of NCMEC’s Protecting agencies. through a collaborative process with the Children Online course. This new 10 original ICAC Task Force agencies technical investigative course must OJJDP ICAC Task Force Program feature a hands-on approach and be Management and Federal prosecutorial and law enforcement agencies.2 The Standards capable of being offered regionally. It Nearly all law enforcement were designed by the Task Force should provide information regarding investigations start with a determination agencies to foster information sharing, legal issues, hardware and software of jurisdiction and in making that coordinate investigations, ensure the specifications, evidence collection determination, time, place, and location probative quality of undercover procedures, and specific investigative are important considerations. However, operations, and facilitate interagency techniques to assist law enforcement to this conventional approach is virtually case referrals through standardization of effectively respond to computer- meaningless in the electronic world of investigative practices. facilitated sexual exploitation cases. cyberspace, and preferential sex • OJJDP has also established an ICAC Using the ‘‘town meeting’’ concept, offenders have quickly developed Task Force Review Board (Board), assist OJJDP and NCMEC to sponsor substantial expertise in adapting this composed of local prosecutors and law events to promote awareness and ambiguity to further their criminal encourage jurisdictions to develop activities. enforcement executives from participating agencies, to review communitywide prevention and Few ICAC cases begin and end within interdiction efforts related to ICAC the same jurisdiction, and investigations proposed undercover operations for compliance with the principles of the offenses. usually cross town, State, or even • Develop a logistical support Standards, formulate policy, encourage international borders. Accordingly, program to facilitate OJJDP ICAC Task case coordination, and facilitate nearly all ICAC investigations involve Force Board meetings. multiple jurisdictions and require information sharing on trends, • Develop a technical assistance interagency coordination and investigative techniques, and capacity composed of a cadre of expert communication. Absent meaningful prosecution strategies. practitioners who have expertise in task case coordination, it is likely that law In sum, program management for the force implementation including the OJJDP ICAC Task Force involves: enforcement will simultaneously • development of multiagency response investigate identical suspects and Ensuring that ICAC Task Force protocols, information sharing, organizations or target undercover personnel are adequately trained and performance measures, Federal grant equipped. operatives of other law enforcement • reporting requirements, and agencies. Lack of communication can Maintaining ICAC investigative investigative and technical aspects of also contribute to law enforcement standards to facilitate interagency case ICAC investigations. referrals. • officers inadvertently disrupting • Develop an ICAC offense training clandestine investigations of other Advocating coordination and and technical assistance directory that agencies. collaboration among Federal, State, and includes information regarding existing The obvious need for interagency local law enforcement agencies prevention and education programs and cooperation and coordination also investigating ICAC offenses. • publications and provides a list of stimulates interest in establishing Fostering meaningful information technical and investigative course standards for ICAC undercover sharing to avoid redundant providers that offer training relevant to investigations. Representatives from investigations or disruptive activities to ICAC investigations. Federal, State, and local law ongoing investigations of other agencies. • • Develop an ongoing needs enforcement agencies have repeatedly Maintaining an advisory board to assessment system to assist OJJDP to expressed concern about initiating review undercover operations proposals plan future training and technical investigations based on outside agency and to formulate policy for the assistance programs. referrals that may be predicated on information acquired through 2 Participating in development of the Standards Program Strategy were representatives from the United States inappropriate officer conduct or Customs Service (USCS), the United States Postal OJJDP is consolidating a wide range of investigative techniques. Inspection Service (USPIS), the National Center for training, technical assistance, and town The clandestine nature of undercover Missing and Exploited Children (NCMEC), and— meeting activities to achieve cost operations along with the Internet’s from the Department of Justice—OJJDP, the Federal savings and to ensure that these Bureau of Investigation, the Child Exploitation and metaphysical aspect significantly Obscenity Section (CEOS) of the Criminal Division, activities are carried out with a increases these concerns. Undercover and the Executive Office for United States consistent point of view and comply operations, when executed and Attorneys. with the OJJDP ICAC Task Force

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Standards. Because the Standards The workplan must indicate significant providing onsite support, contain sensitive investigative project milestones, product due dates, communicating with Board members information, they will not be made and the nature of the products to be regarding meeting arrangements, available to organizations during the delivered. In addition, applicant should arranging for audiovisual equipment as application phase of this program. present a clear concept of how it intends necessary, and reimbursing travel and However, for the purposes of to deliver a technical computer lodging expenses of guest speakers (no responding to this request for proposals, investigative course that is designed to more than two per meeting). applicants should be aware that the be offered regionally and features a • Perform a technical assistance Standards express broad law hands-on approach. function ranging from telephone consultation to direct onsite support, enforcement themes that pertain to Management and Organizational using a cadre of expert practitioners. At target selection, supervision, media Capability (40 points) releases, evidence collection the direction of OJJDP, technical procedures, undercover conduct, and The project’s management structure assistance will be provided to assist other issues regarding ICAC and staffing must be appropriate for the ICAC Task Forces to comply with the investigations. OJJDP will make the successful implementation of the Standards, assist the Board to formulate Standards available to the successful project. Applicants must present and document operational by-laws for applicant once the award is made. re´sume´s of staff (either permanent or the Program, and based on the During the implementation of these contractual) with expertise in meeting availability of funds, assist other activities, the applicant will be expected logistics, computer forensics, jurisdictions interested in improving to collaborate with NCMEC and to work curriculum development, and law their response to ICAC offenses. closely with OJJDP. enforcement task force implementation and maintenance issues. Applicants Format Eligibility Requirements must also present a workplan that The narrative must not exceed 35 OJJDP invites applications from identifies responsible individuals, their pages in length (excluding forms, public and private nonprofit agencies. time commitment, and their relation to assurances, and appendixes) and must Joint applications from two or more major tasks and milestones. be submitted on 81⁄2 by 11-inch paper, eligible applicants are welcome; The applicant’s organizational ability double-spaced on one side of the paper however, one applicant must be clearly to administer the project successfully in a standard 12-point font. These indicated as the primary applicant (for must be clearly documented in the requirements are necessary to maintain correspondence, award, and proposal and should include available fair and uniform standards among all management purposes) and the others computer technology to be utilized in applicants. If the narrative does not indicated as coapplicants. attaining the objectives. Documentation conform to these standards, OJJDP will must include past or current deem the application ineligible for Selection Criteria organizational experience in the subject consideration. OJJDP will convene a peer review areas and skills required to achieve the panel to evaluate and rank applications objectives and with projects of the Award Period and to make a funding recommendation magnitude and complexity described in The project will be funded as a to the OJJDP Administrator. Although this program announcement. In cooperative agreement for up to an 18- peer review recommendations are given addition, applicants must demonstrate month budget and project period. weight, they are advisory only and the an ability and history of handling Funding of the project in subsequent final award decision will be made by sensitive information in a confidential budget periods will be contingent upon the OJJDP Administrator. OJJDP will and prudent manner. OJJDP’s assessment of continuing need, negotiate specific terms of the award availability of funds, and the Budget (15 points) with applicants being considered for the performance of the grantee. award. Applicants will be rated and Applicants must provide a proposed Award Amount evaluated according to the criteria budget that is complete, detailed, outlined below. reasonable, allowable, and cost effective OJJDP intends to award one in relation to the activities to be cooperative agreement of up to $400,000 Problem(s) To Be Addressed (10 points) undertaken. Applicants should consider for an 18-month project period. The applicant should clearly the following OJJDP expectations for Catalog of Federal Domestic Assistance demonstrate an understanding of the budget planning purposes: (CFDA) Number program concept and in particular, an • Deliver at least 8 regional sessions understanding of a program requiring of the technical investigative course For this program, the CFDA number, reconciliation of Federal oversight with a projected capacity of no less than which is required on Standard Form responsibilities with the interests of 20 students. 424, Application for Federal Assistance, State and local law enforcement • Design, support, and deliver at least is 16.543. This form is included in agencies. four town meetings. (OJJDP anticipates OJJDP’s Application Kit, which can be centering these activities around obtained by calling the Juvenile Justice Goals and Objectives (10 points) existing ICAC Task Force jurisdictions.) Clearinghouse at 800–638–8736 or Applicants must establish goals and • Facilitate eight ICAC Task Force sending an e-mail request to objectives for this program that are Board meetings. Although [email protected]. The kit is also clearly defined, measurable, and transportation and lodging expenses of available online at www.ojjdp.ncjrs.org/ attainable. Board members will be the grants/about.html#kit. responsibility of individual ICAC Task Project Design (25 points) Forces, all other activities or expenses Coordination of Federal Efforts The applicant must present a clear associated with Board meetings will be To encourage better coordination workplan that contains program the responsibility of the applicant. This among Federal agencies in addressing elements directly linked to the includes, but is not limited to, State and local needs, the U.S. achievement of the project objectives. identifying and securing meeting space, Department of Justice is requesting

VerDate 18-JUN-99 12:01 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4701 Sfmt 4703 E:\FR\FM\17AUN3.XXX pfrm01 PsN: 17AUN3 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Notices 44811 applicants to provide information on the ‘‘Internet Crimes Against Children Task Hammerschlag, M. 1997. Sexually following: (1) active Federal grant Force Training and Technical Transmitted Diseases and Child Sexual award(s) supporting this or related Assistance Program.’’ Abuse. Washington, DC: U.S. Department efforts, including awards from the U.S. of Justice, Office of Justice Programs, Office Due Date Department of Justice; (2) any pending of Juvenile Justice and Delinquency Prevention. application(s) for Federal funds for this Applicants are responsible for ensuring that the original and five Lanning, K. 1992. Child Molesters: A or related efforts; and (3) plans for Behavioral Analysis for Law Enforcement coordinating any funds described in copies of the application package are Officers Investigating Cases of Child Sexual items (1) or (2) with the funding sought received by 5 p.m. EDT on October 1, Exploitation. Arlington, VA: National by this application. For each Federal 1999. Center for Missing and Exploited Children. award, applicants must include the Contact Lanning, K. 1992. Child Sex Rings: A program or project title, the Federal Behavioral Analysis for Criminal Justice grantor agency, the amount of the For further information, call Michael Professionals Handling Cases of Child award, and a brief description of its Medaris, Program Manager, ICAC Task Sexual Exploitation. Arlington, VA: purpose. Force Program Manager, 202–616–3637, National Center for Missing and Exploited or send an e-mail inquiry to Children. ‘‘Related efforts’’ is defined for these Magid, L. 1994. Child Safety on the purposes as one of the following: [email protected]. • Information Highway (pamphlet). Efforts for the same purpose (i.e., References Arlington, VA: National Center for Missing the proposed award would supplement, and Exploited Children, 1994. expand, complement, or continue Burgess, A., and Grant, C. 1988. Children Traumatized in Sex Rings. Arlington, VA: Magid, L. 1998. Teen Safety on the activities funded with other Federal National Center for Missing and Exploited Information Highway (pamphlet). grants). Children. Arlington, VA: National Center for Missing • Another phase or component of the Cage, R., and Pence, D. 1997. Criminal and Exploited Children. same program or project (e.g., to Investigation of Child Sexual Abuse. National Center for Missing and Exploited implement a planning effort funded by Washington, DC: U.S. Department of Children. 1998. Know the Rules other Federal funds or to provide a Justice, Office of Justice Programs, Office of (pamphlet). Arlington, VA: National Center Juvenile Justice and Delinquency for Missing and Exploited Children. substance abuse treatment or education Quarantiello, L. 1997. Cyber Crime: How to component within a criminal justice Prevention. Dressler, K. 1997. Multijurisdictional Task Protect Yourself from Computer Criminals. project). Lake Geneva, WI: Tiare Publications. • Forces: Ten Years of Research and Services of some kind (e.g., Evaluation: A Report to the Attorney Rosenblatt, K. 1995. High-Technology Crime: technical assistance, research, or General. Washington, DC: U.S. Department Investigating Cases Involving Computers. evaluation) to the program or project of Justice, Office of Justice Programs, San Jose, CA: KSK Publications. described in the application. Bureau of Justice Assistance. Whitcomb, D. 1995 Child Sexual Farley, R., and Lanning, K. 1997. Exploitation: Improving Investigations and Delivery Instructions Understanding and Investigating Child Protecting Victims: A Blueprint for Action. All application packages should be Sexual Exploitation. Washington, DC: U.S. Washington, DC: U.S. Department of mailed or delivered to the Office of Department of Justice, Office of Justice Justice, Office of Justice Programs, Office Juvenile Justice and Delinquency Programs, Office of Juvenile Justice and for Victims of Crime. Prevention, c/o Juvenile Justice Delinquency Prevention. Dated: August 11, 1999. Fuller, K., and Saywitz, K. 1997. Interviewing John J. Wilson, Resource Center, 2277 Research Child Witnesses and Victims of Sexual Deputy Administrator, Office of Juvenile Boulevard, Mail Stop 2K, Rockville, MD Abuse. Washington, DC: U.S. Department Justice and Delinquency Prevention. 20850; 301–519–5535. Note: In the of Justice, Office of Justice Programs, Office lower left-hand corner of the envelope, of Juvenile Justice and Delinquency [FR Doc. 99–21228 Filed 8–16–99; 8:45 am] the applicant must clearly write Prevention. BILLING CODE 4410±18±P

VerDate 18-JUN-99 12:01 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4701 Sfmt 4703 E:\FR\FM\17AUN3.XXX pfrm01 PsN: 17AUN3 eDt 8JN9 24 u 6 99Jt134 O000Fm001Ft41 ft41 :F\M1AR.X fm1PsN:17AUR2 pfrm01 E:\FR\FM\17AUR2.XXX Sfmt4717 Fmt4717 Frm00001 PO00000 Jkt183247 12:43Aug16, 1999 VerDate 18-JUN-99 federal register August 17,1999 Tuesday NM; FinalRule International BalloonFiesta;Albuquerque, Requirements fortheKodakAlbuquerque Airspace andFlightOperations 14 CFRPart91 Federal AviationAdministration Transportation Department of Part IV 44813 44814 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION (202) 267–9680. Communications must distance measuring equipment (DME) identify the SFAR number or docket fix. The are will encompass a 4 nautical Federal Aviation Administration number of this final rule. mile (NM) radius, extending from the Persons interested in being placed on surface up to but not including 8,000 14 CFR Part 91 the mailing list for future rulemaking feet mean sea level (MSL). The TFR area [Docket No. 29279; SFAR No. 86] documents should request from the will be in effect between the hours of above office a copy of Advisory Circular 0530 Mountain Daylight Time (MDT) RIN 2120±AG79 No. 11–2A, Notice of Proposed and 1200 MDT, and from 1600 MDT Rulemaking Distribution System, which Airspace and Flight Operations until 2200 MDT on October 2 through describes the application procedure. Requirements for the Kodak October 10, 1999, and October 7 through Albuquerque International Balloon Small Entity Inquiries October 15, 2000. Unauthorized aircraft will be required to remain clear of this Fiesta; Albuquerque, NN The Small Business Regulatory area during these times. AGENCY: Federal Aviation Enforcement Fairness Act of 1996 The location, dimensions, and Administration (FAA), DOT. (SBREFA) requires the FAA to report effective times of the TFR area will be inquiries from small entities concerning ACTION: Final rule. published and disseminated via the information on, and advice about, Notice to Airmen (NOTAM) system. compliance with statutes and SUMMARY: This action establishes a Exceptions temporary flight restriction (TFR) area regulations within the FAA’s for the periods of October 2 through jurisdiction, including interpretation This SFAR contains provisions to October 10, 1999, and October 7 through and application of the law to specific provide for flexible, efficient October 15, 2000, for the 1999 and 2000 sets of facts supplies by a small entity. management and control of air traffic. Kodak Albuquerque International If your organization is a small entity ATC has the authority to give priority Balloon Fiestas (KAIBF). This TFR is and you have a question, contact your to, or exclude from the requirements of necessary to manage aircraft operating local FAA official. If you do not know the SFAR, certain flight operations in the vicinity of the KAIBF, and to how to contact your local FAA official, dealing with or containing personnel or prevent unsafe congestion of aircraft you may contact Charlene Brown, equipment for essential military, that are sightseeing over and around the Program Analysis Staff, Office of medical emergency, rescue, or law KAIBF. Rulemaking, ARM–27, Federal Aviation enforcement purposes, and Administration, 800 Independence transportation of the President, or heads DATES: Effective date for 1999: October Avenue SW., Washington, DC 20591, of state. 2 through October 10, 1999; effective (888) 551–1594. Internet users can find date for 2000: October 7 through Notice to Airmen Information additional information on SBREFA in October 15, 2000. the ‘‘Quick Jump’’ section of the FAA’s Time-critical aeronautical information FOR FURTHER INFORMATION CONTACT: web page at http://www.faa.gov and that is of a temporary nature, or is not Steve Rohring, Airspace and Rules may send electronic inquiries to the sufficiently known in advance to permit Division, ATA–400, Office of Air Traffic following Internet address: 9–AWA– publication on aeronautical charts or in Airspace Management, Federal Aviation [email protected]. other operational publications, receives Administration, 800 Independence immediate dissemination via the Avenue, SW., Washington, DC 20591; Background NOTAM system. All domestic operators telephone (202) 267–8783. The KAIBF will be held on October 2 planning flight to the KAIBF will need SUPPLEMENTARY INFORMATION: through October 10, 1999, and the to pay particular attention to NOTAM D following year on October 7 through and Flight Data Center (FDC) NOTAM Availability of Final Rules October 15, 2000, at a site 9 miles north information. An electronic copy of this document of Albuquerque International Sunport, NOTAM D contains information on may be downloaded using a modem and in Albuquerque, NM. airports, runways, navigational aids, suitable communications software from This Special Federal Aviation radar services, and other information the FAA regulations section of the Regulations (SFAR) establishes a TFR essential to flight. An FDC NOTAM FedWorld electronic bulletin board area to provide for the safety of persons contains information that is regulatory service (telephone: (703) 321–3339), the and property in the air and on the in nature, such as amendments to Government Printing Office’s (GPO) ground during the KAIBF. The TFR are aeronautical charts and restrictions to electronic bulletin board service will restrict aircraft operations in a flight. FDC NOTAM and NOTAM D (telephone: (202) 512–1661), or, if specified location; however, access to information will also be provided to applicable, the FAA’s Aviation this area maybe allowed with the international operators in the form of Rulemaking Advisory Committee appropriate air traffic control (ATC) International NOTAMs. NOTAMs are bulletin board service (telephone: (800) authorization from the Albuquerque distributed through the National 322–2722 or (202) 267–5948). International Sunport Airport Traffic Communications Center is Kansas city, Internet users may reach the FAA’s Control Tower (ATCT). ATC will retain MO, for transmission to all air traffic web page at http://www.faa.gov/avr/ the ability to manage aircraft through facilities having telecommunications arm/nprm/nprm.htm or the GPO’s web the TFR area in accordance with access. page at http://www.access.gpo.gov/nara established ATC procedures. Pilots and operators will need to for access to recently published Specifically, the TFR area will be 9 consult the monthly NOTAM Domestic/ rulemaking documents. miles north of the Albuquerque International publication. This Any person may obtain a copy of this International Sunport ATCT and just publication contains NOTAM FDC and document by submitting a request to the west of Interstate Highway 25 (I–25). D NOTAMs. Special information, Federal Aviation Administration, Office The TFR area will be centered on the including graphics, will be published in of Rulemaking, ARM–1, 800 Albuquerque Very High Frequency the biweekly publication in advance of Independence Avenue SW., Omnidirectional Range/Tactical Air the KAIBF. For more detailed Washington, DC 20591, or by calling Navigation (VORTAC) 038° radical 14 information concerning the NOTAM

VerDate 18-JUN-99 12:43 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\17AUR2.XXX pfrm01 PsN: 17AUR2 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Rules and Regulations 44815 system, refer to the Aeronautical First, Executive Order 12866 directs that requirements to the scale of businesses, Information Manual ‘‘Preflight’’ section. each Federal agency shall propose or organizations, and governmental adopt a regulation only upon a reasoned jurisdictions subject to regulations.’’ To Other U.S. Laws and Regulations determination that the benefits of the achieve that principle, the RFA requires Aircraft operators should understand intended regulation justify its costs. agencies to solicit and consider flexible that the SFAR is in addition to other Second, the Regulatory Flexibility Act regulatory proposals and to explain the laws and regulations of the U.S. The of 1980 requires agencies to analyze the rationale for their actions. The RFA SFAR will not waive or supersede any economic effect of regulatory changes covers a wide range of small entities, U.S. statute or obligation. When on small entities. Third, the Office of including small businesses, not-for- operating within the jurisdictional Management and Budget (OMB) directs profit organizations, and small limits of the U.S., operators of foreign agencies to assess the effect of governmental jurisdictions. aircraft must conform to all applicable regulatory changes on international Agencies must perform a review to requirements of U.S. Federal, State, and trade. In conducting these analyses, the determine whether a proposed or final local governments. In particular, aircraft FAA has determined that this rule is not rule will have a significant economic operators planning flights into the U.S. ‘‘a significant regulatory action’’ under impact on a substantial number of small must be aware of and conform to the section 3(f) of Executive Order 12866 entities. If the determination is that it rules and regulations established by the: and, therefore, is not subject to review will, the agency must prepare a 1. U.S. Department of Transportation by OMB. The rule is not considered regulatory flexibility analysis as regarding flights entering the U.S.; significant under the regulatory policies described in the RFA. 2. U.S. Customs Service, Immigration and procedures of the Department of However, if an agency determines that and other authorities regarding customs, Transportation (44 FR 11034, February a proposed or final rule is not expected immigrations, health, firearms, and 26, 1979). This rule will not have a to have a significant economic impact imports/exports; significant impact on a substantial on a substantial number of small 3. U.S. FAA regarding flight within or number of small entities and will not entities, section 605(b) of the RFA into U.S. airspace. This includes constitute a barrier to international provides that the head of the agency compliance with Parts 91, 121 and 135 trade. may so certify and an RFA is not of Title 14 of the code of Federal This regulatory evaluation examined required. The certification must include Regulations regarding operations into or the costs and benefits of the SFAR a statement providing the factual basis within the U.S. through air defense applicable for the periods October 2 for this determination and the reasoning identification zones, and compliance through October 10, 1999, and October should be clear. with general flight rules; and, 7 through October 15, 2000. This SFAR The FAA conducted the required 4. Airport management authorities establishes a TFR area for the 1999 and review of this final rule and determined regarding use of airports and airport 2000 KAIBFs to be held in Albuquerque, that it will not have a significant facilities. NM. Since the impacts of the change are economic impact on a substantial Discussion of Comments relatively minor, this economic number of small entities. As previously A notice of proposed rulemaking summary constitutes the analysis, and stated, the major economic impact, in (NPRM) was published in the Federal no regulatory evaluation will be placed this case, will be the inconvenience of Register on May 18, 1999 (64 FR 27160) in the docket. circumnavigation to operators who may The major economic impact, in this and a correction was published on May want to operate in the area of the TFR. case, will be the inconvenience of 28, 1999 (64 FR 28945). No comments Because the possibility of such circumnavigation to operators who may were received regarding this proposal. occurrences is for a limited time and the want to operate in the area of the TFR. Except for minor editorial changes, this restricted areas are limited in size, any An aircraft operator could avoid the amendment is adopted as proposed in circumnavigation costs will be restricted airspace by flying over it or by the NPRM. negligible. circumnavigating the restricted airspace. Accordingly, pursuant to the Paperwork Reduction Act Because the possibility of such Regulatory Flexibility Act, 5 U.S.C. In accordance with the Paperwork occurrences is for a limited time and the 605(b), the FAA certifies that this rule Reduction Act of 1995 (44 U.S.C. restricted areas are limited in size, any will not have a significant economic 3507(d)), the FAA has determined that circumnavigation costs will be impact on a substantial number of small there are no requirements for negligible. entities. The benefits of the TFR airspace will information collection associated with International Trade Impact Statement this final rule. primarily be a lowered risk of midair collisions between aircraft and balloons The provisions of this rule will have Compatibility With ICAO Standards due to increased positive control of TFR little or no impact on trade for U.S. In keeping with U.S. obligations airspace. While benefits cannot be firms doing business in foreign under the Convention on International quantified, the FAA believes the countries and foreign firms doing Civil Aviation, it is FAA policy to benefits are commensurate with the business in the United States. small costs attributed to the temporary comply with International Civil Federalism Implications Aviation Organization (ICAO) Standards inconvenience of the flight restrictions and Recommended Practices to the for operators near the TFR area. The regulations herein will not have a substantial direct effect on the States, maximum extent practicable. The FAA Final Regulatory Flexibility has reviewed the corresponding ICAO on the relationship between the national Determination Standards and Recommended Practices Government and the States, or on the and has identified no differences with The Regulatory Flexibility Act of 1980 distribution of power and these regulations. (RFA) establishes ‘‘as a principle of responsibilities among the various regulatory issuance, that agencies shall levels of government. Therefore, in Regulatory Evaluation Summary endeavor, consistent with the objective accordance with Executive Order 12612, Changes to Federal regulations must of the rule and of applicable statutes, to it is determined that this rule will not undergo several economic analyses. fit regulatory and informational have sufficient federalism implications

VerDate 18-JUN-99 12:43 Aug 16, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\17AUR2.XXX pfrm01 PsN: 17AUR2 44816 Federal Register / Vol. 64, No. 158 / Tuesday, August 17, 1999 / Rules and Regulations to warrant the preparation of a environmental assessment or person may operate an aircraft contrary to federalism assessment. environmental impact statement. In any restriction procedure specified in this accordance with FAA Order 1050.1D, SFAR or by the Administrator, or through a Unfunded Mandates Reform Act this rulemaking action qualifies for a NOTAM issued pursuant to this SFAR. Title II of the Unfunded Mandates categorical exclusion. (c) As conditions warrant, the Reform Act of 1995 (the Act), codified Administrator is authorized to— as 2 U.S.C. 1501–1571, requires each List of Subjects in 14 CFR Part 91 (1) Restrict, prohibit, or permit IFR/VFR Federal agency, to the extent permitted Air traffic control, Aircraft, Airports, operations in the temporary flight restricted by law, to prepare a written assessment Aviation safety. area designated in this SFAR or in a NOTAM of the effects of any Federal mandate in issued pursuant to this SFAR; The Amendment (2) Give priority to or exclude the a proposed or final agency rule that may following flights from provisions of this In consideration of the foregoing, the result in the expenditure by State, local, SFAR and NOTAMs issued pursuant to this and tribal governments, in the aggregate, Federal Aviation Administration SFAR: or by the private sector, of $100 million amends part 91 of Title 14, Code of (i) Essential military. or more (adjusted annually for inflation) Federal Regulations (14 CFR part 91) as (ii) Medical and rescue. in any 1 year. Section 204(a) of the Act, follows: (iii) Presidential and Vice Presidential. 2 U.S.C. 1534(a), requires a Federal (iv) Flights carrying visiting heads of state. agency to develop an effective process PART 91ÐGENERAL OPERATING AND (v) Law enforcement and security. to permit timely input by elected FLIGHT RULES (vi) Flights authorized by the Director, Air officers (or their designees) of State, 1. The authority citation for part 91 Traffic Service. (d) For security purposes, the local, and tribal governments on a continues to read as follows: proposed ‘‘significant intergovernmental Administrator may issue NOTAMs during mandate.’’ A ‘‘significant Authority: 49 U.S.C. 106(g), 1155, 40103, the effective period of this SFAR to cancel or 40113, 40120, 44101, 44111, 44701, 44709, modify provisions of this SFAR and intergovernmental mandate’’ under the 44711, 44712, 44715, 44716, 44717, 44722, Act is any provision in a Federal agency NOTAMs issued pursuant to this SFAR if 46306, 46315, 46316, 46504, 46506–46507, such action is consistent with the safe and regulation that would impose an 47122, 47508, 47528–47531, articles 12 and efficient use of airspace and the safety and enforceable duty upon State, local, and 29 of the Convention on International Civil security of persons and property on the tribal governments, in the aggregate, of Aviation (61 stat. 1180). ground as affected by air traffic. $100 million (adjusted annually for 2. Amend part 91 by adding Special 2. Temporary Flight Restriction. At the inflation) in any 1 year. Section 203 of Federal Aviation Regulation No. 86 to following location, flight is restricted during the Act, 2 U.S.C. 1533, which read as follows: the indicated dates and times: That airspace supplements section 204(a), provides within a 4 NM radius centered on the that before establishing any regulatory SFAR No. 86—Airspace and Flight Albuquerque VORTAC 038° radial 14 DME requirements that might significantly or Operations Requirements for the 1999 fix from the surface up to but not including uniquely affect small governments, the and 2000 Kodak Albuquerque 8,000 feet MSL unless otherwise authorized agency shall have developed a plan that, International Balloon Fiestas, by Albuquerque ATCT. among other things, provides for notice Albuquerque, NM 3. Dates and Times of Designation. (a) October 2 through October 10, 1999, and to potentially affected small 1. General. (a) Each person shall be governments, if any, and for a October 7 through October 15, 2000, from familiar with all NOTAMs issued pursuant to 0530 MDT until 1200 MDT. meaningful and timely opportunity to this SFAR and all other available information (b) October 2 through October 10, 1999, provide input in the development of concerning that operation before conducting and October 7 through October 15, 2000, regulatory proposals. any operation into or out of an airport or area specified in this SFAR or in NOTAMs from 1600 MDT until 2200 MDT. This rule does not contain a Federal 4. Expiration. This Special Federal intergovernmental or private sector pursuant to this SFAR. In addition, each person operating an international flight that Aviation Regulation expires on October 16, mandate that exceeds $100 million in 2000. any 1 year. will enter the U.S. shall be familiar with any international NOTAMs issued pursuant to Issued in Washington, DC, on August 11, Environmental Analysis this SFAR. NOTAMs are available for 1999. inspection at operating FAA air traffic Jane F. Garvey, FAA Order 1050.1D defines FAA facilities and regional air traffic division Administrator. actions that may be categorically offices. excluded from preparation of a National (b) Notwithstanding any provision of the [FR Doc. 99–21268 Filed 8–16–99; 8:45 am] Environmental Policy Act (NEPA) Title 14, Code of Federal Regulations, no BILLING CODE 4910±13±M

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Reader Aids Federal Register Vol. 64, No. 158 Tuesday, August 17, 1999

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING AUGUST

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 523±5227 3 CFR 390...... 43902 Proposed Rules: Presidential Documents Proclamations: 145...... 43301 Executive orders and proclamations 523±5227 7103 (See Proc. 147...... 43301 The United States Government Manual 523±5227 7214) ...... 42265 7202 (See Proc. 10 CFR 7214) ...... 42265 31...... 42269 Other Services 7208 (See Proc. 50...... 42823 Electronic and on-line services (voice) 523±4534 7214) ...... 42265 76...... 44645 Privacy Act Compilation 523±3187 7214...... 42265 Proposed Rules: Public Laws Update Service (numbers, dates, etc.) 523±6641 Executive Orders: 50...... 44137 TTY for the deaf-and-hard-of-hearing 523±5229 12372 (Supplemented 710...... 44433 by EO 13132)...... 43255 12612 (Revoked by 11 CFR ELECTRONIC RESEARCH EO 13132)...... 43255 110...... 42579 World Wide Web 12866 (Supplemented by EO 13132)...... 43255 9004...... 42579 Full text of the daily Federal Register, CFR and other 12875 (Revoked by 9034...... 42579 publications: EO 13132)...... 43255 9036...... 42584 http://www.access.gpo.gov/nara 12924 (See Notice of 12 CFR Aug. 10, 1999) ...... 44101 Federal Register information and research tools, including Public 201...... 41765 Inspection List, indexes, and links to GPO Access: 12988 (Supplemented by EO 13132)...... 43255 602...... 41770 http://www.nara.gov/fedreg 13083 (Revoked by 612...... 43046 614...... 43046, 43049 E-mail EO 13132)...... 43255 13095 (Revoked by 616...... 43049 PENS (Public Law Electronic Notification Service) is an E-mail EO 13132)...... 43255 618...... 43046, 43049 service for notification of recently enacted Public Laws. To 13132...... 43255 621...... 43049 subscribe, send E-mail to 13133...... 43895 905...... 44103 [email protected] 13134...... 44639 Proposed Rules: 202...... 44582 with the text message: Administrative Orders: Notice of Aug. 10, 361...... 42861, 42862 subscribe PUBLAWS-L your name 1999 ...... 44101 702...... 44663 Use [email protected] only to subscribe or unsubscribe to 747...... 44663 PENS. We cannot respond to specific inquiries. 7 CFR 935...... 44444 Reference questions. Send questions and comments about the 11...... 43043 13 CFR Federal Register system to: 610...... 41999 989...... 43897 120...... 44109 [email protected] 1230...... 44643 Proposed Rules: The Federal Register staff cannot interpret specific documents or 1728...... 42005 120...... 43636 regulations. Proposed Rules: 14 CFR 6...... 42288 4...... 43599 FEDERAL REGISTER PAGES AND DATES, AUGUST 354...... 43103 505...... 44634 27...... 43016 41765±41998...... 2 931...... 42858 29...... 43016 41999±42264...... 3 932...... 42619 39 ...... 41775, 41776, 41778, 42007, 42275, 42824, 43050, 42265±42578...... 4 981...... 43298 43051, 43053, 43056, 43058, 42579±42822...... 5 1106...... 42860 3419...... 42576 43060, 43061, 43905, 44110, 42823±43042...... 6 44112, 44650 43043±43254...... 9 8 CFR 71 ...... 41780, 42276, 42432, 43255±43598...... 10 217...... 42006 42585, 42591, 42592, 43063, 43599±43896...... 11 43065, 43066, 43068, 43069, 43897±44100...... 12 9 CFR 43261, 43599, 43907, 44114, 44101±44396...... 13 101...... 43043 44116, 44117, 44268, 44397, 44397±44642...... 16 102...... 43043 44398, 44399, 44400, 44578 44643±44816...... 17 105...... 43043 91...... 44814 112...... 43043 97...... 44117, 44119 113...... 43043 254...... 41781 116...... 43043 382...... 41781 124...... 43043 Proposed Rules: 318...... 44644 25 ...... 43570, 43943, 43946 319...... 44644 39 ...... 41841, 41842, 42289,

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42291, 42293, 42295, 42296, 181...... 43262 57...... 43280 44134, 44408, 44411, 44415, 42297, 42619, 42622, 42866, Proposed Rules: 70...... 43283 44417 42868, 42870O, 43314, 12...... 41851 71...... 43283 58...... 42530 43316, 43318, 43638, 43948, 113...... 41851, 42872 75...... 43280, 43286 62...... 43091, 44420 43950, 43953, 43955, 43957, 141...... 41851 90...... 43283 63...... 42764 43959, 43961, 43963, 43966, 202...... 43506 86...... 43936 44137, 44446, 44663, 44666, 20 CFR 206...... 43288, 43506 122...... 42432, 43426 44667 Proposed Rules: 250...... 42597 123...... 42432, 43426 65...... 42810 375...... 44670 914...... 43911 124...... 42432, 43426 66...... 42810 404...... 42310 943...... 43913 180 ...... 41804, 41810, 41812, 71 ...... 42300, 42301, 44139, 416...... 42310 Proposed Rules: 41815, 41818, 42280, 42839, 44140, 44141, 44142, 44144 913...... 44674 42846 93...... 44145 21 CFR 914...... 44448 186...... 41818 107...... 43321 101...... 42277 935...... 42887 261...... 42033 108...... 43322 172 ...... 43072, 43908, 44121 936...... 43327 271...... 41823, 42602 147...... 42810 173...... 44122 300...... 44135 31 CFR 403...... 42552 15 CFR 178...... 44406, 44407 310...... 44653 538...... 41784 501...... 42432, 43426 734...... 42009 510...... 42596 550...... 41784 503...... 42552 738...... 42009 520...... 42596 560...... 41784 745...... 42849 740...... 42009 522...... 42596, 42830 590...... 43924 Proposed Rules: 742...... 42009 524...... 42831 Proposed Rules 52 ...... 42629, 42888, 42891, 902...... 42826 558...... 42596, 43909 375...... 42626 42892, 44152, 44450, 44451, 16 CFR 1308...... 42432 44452 1312...... 42432 32 CFR 62...... 43123 2...... 43599 97...... 43124, 44452 5...... 42594 Proposed Rules: Proposed Rules: 101...... 42315 230...... 43856 147...... 43329 Proposed Rules: 207...... 43114 231...... 43858 261...... 42317 1212...... 42302 310...... 44671 231a...... 43856 271...... 42630, 43331 281...... 43336 17 CFR 314...... 42625, 42873 344...... 44671 33 CFR 300 ...... 41875, 42328, 42630, 9...... 43254 607...... 43114 100 ...... 42278, 42598, 43289 43129, 43641, 43970, 44452, 10...... 43071 807...... 43114 110...... 42279 44454, 44456, 44458 12...... 43071 870...... 43114 117 ...... 42033, 42599, 44129, 372...... 42222 200...... 42594 888...... 43114 44131 240...... 42031, 42594 41 CFR 890...... 43114 160...... 41794 249...... 42594 165 ...... 43290, 43291, 44658 301...... 43254 Proposed Rules: 22 CFR Proposed Rules: Proposed Rules: 4...... 41843 41...... 42032 100...... 41853 51-2...... 41882 275...... 43556 514...... 44123 117 ...... 44145, 44147, 44148, 51-5...... 41882 18 CFR 44149, 44151 24 CFR 42 CFR 3...... 44400 108...... 44094 34 CFR 413...... 42610 341...... 44400 982...... 43613 611...... 42837 498...... 43295 342...... 44400 1001...... 42174 346...... 44400 Proposed Rules: Proposed Rules: Proposed Rules: 357...... 44400 990...... 43641 668 ...... 42206, 43024, 43582 Ch. IV...... 43338 362...... 44400 673...... 42206 26 CFR 674...... 42206 381...... 44652 44 CFR 385...... 44400 1 ...... 41783, 43072, 43267, 675...... 42206 43613, 43910 61...... 41825 Proposed Rules: 676...... 42206 64...... 42852, 44421 101...... 42304 31...... 42831 682 ...... 42176, 43024, 43428 206...... 41827 343...... 43600 301...... 41783 685...... 43428 357...... 42623 602 ...... 41783, 43072, 43613 690...... 42206 Proposed Rules: 385...... 42307, 43600 801...... 42834 61...... 42632 Proposed Rules: 36 CFR 62...... 42633 19 CFR 1 ...... 43117, 43323, 43462, Proposed Rules: 45 CFR 4...... 43262 43969 13...... 41854 10...... 43262 301...... 43324 1191...... 42056 801...... 42039 12...... 43262 602...... 43462 37 CFR 46 CFR 24...... 42031, 43262 28 CFR 102...... 43262 Proposed Rules: 10...... 42812, 44786 112...... 43262 505...... 43880 201...... 42316 12...... 42812, 44786 113...... 43262 Proposed Rules: 29 CFR 38 CFR 118...... 43262 298...... 44152 122...... 43262 2570...... 42246 17...... 44659 535...... 42057 133...... 43262 2575...... 42246 21...... 44660 141...... 43262 4044...... 44128 47 CFR 39 CFR 143...... 43262 Proposed Rules: 0...... 43618 144...... 43262 2520...... 42792, 42797 20...... 43292 1...... 42854 148...... 43262 2560...... 42792, 42797 Proposed Rules: 5...... 43094 151...... 43608 2570...... 42797 111...... 44681 43...... 43618 162...... 43262 62...... 43937 173...... 43262 30 CFR 40 CFR 63...... 43095, 43618 174...... 43262, 43608 26...... 43280 9 ...... 42432, 43426, 43936 64...... 43618, 44423 178...... 43608 29...... 43280 52 ...... 42600, 43083, 44131, 73 ...... 41827, 41828, 41829,

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41830, 41831, 41832, 41833, 605...... 43618 645...... 43618 Proposed Rules: 41834, 42614, 42615, 42616, 606...... 43618 646...... 43618 190...... 43972 43095 608...... 43618 647...... 43618 385...... 44460 76...... 42617, 42855 609...... 43618 649...... 43618 390...... 44460 90...... 43094 610...... 43618 652...... 43618 571...... 42330 Proposed Rules: 611...... 43618 653...... 43618 575...... 44164 Ch. 1...... 41883, 42635 613...... 43618 701...... 42040 20...... 44682 614...... 43618 702...... 42040 50 CFR 1...... 41884, 41887 615...... 43618 703...... 42040 17...... 41835 2...... 41891, 43643 616...... 43618 705...... 42040 300...... 44428 15...... 41897 617...... 43618 706...... 42040 600...... 42286 51...... 41897 619...... 43618 709...... 42040 622...... 43941 68...... 41897 622...... 43618 714...... 42040 635...... 42855, 43101 73...... 41899, 43132 623...... 43618 716...... 42040 648 ...... 42042, 42045, 44661 76...... 41887 625...... 43618 719...... 42040 660...... 42286, 42856 78...... 41899 626...... 43618 726...... 42040 679 ...... 41839, 42826, 43295, 95...... 41891 628...... 43618 732...... 42040 43296, 43297, 43634, 43941, 629...... 43618 733...... 42040 43942, 44431, 44432 48 CFR 630...... 43618 734...... 42040 Proposed Rules: 202...... 43096 631...... 43618 749...... 42040 17 ...... 41903, 42058, 42250, 204...... 43098 632...... 43618 750...... 42040 43132, 44171, 44470 212...... 43098 633...... 43618 752...... 42040 20...... 44384 213...... 43098 634...... 43618 5416...... 41834 226...... 44683 217...... 43096 636...... 43618 Proposed Rules: 32...... 43834 252...... 43098 637...... 43618 17...... 44100 36...... 43834 253...... 43098 639...... 43618 536...... 44683 600...... 42335, 43137 601...... 43618 641...... 43618 622...... 41905, 42068 602...... 43618 642...... 43618 49 CFR 648 ...... 42071, 43137, 43138 603...... 43618 643...... 43618 172...... 44426, 44578 660...... 44475 604...... 43618 644...... 43618 173...... 44426 679...... 42080

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REMINDERS Washington; comments due ENERGY DEPARTMENT regulatory review; The items in this list were by 8-23-99; published 6- Federal Energy Regulatory comments due by 8-23- editorially compiled as an aid 24-99 Commission 99; published 7-28-99 to Federal Register users. Potatoes (Irish) grown inÐ Outer Continental Shelf Lands Radio stations; table of Inclusion or exclusion from California and Oregon; Act; implementation: assignments: Arizona; comments due by this list has no legal comments due by 8-24- Natural gas transportation significance. 99; published 6-25-99 8-23-99; published 7-14- through pipeline facilities 99 AGRICULTURE on Outer Continental Arkansas; comments due by DEPARTMENT Shelf; comments due by 8-23-99; published 7-14- RULES GOING INTO 8-27-99; published 7-13- EFFECT AUGUST 17, Animal and Plant Health 99 Inspection Service 99 1999 Kentucky and Virginia; Exportation and importation of ENVIRONMENTAL comments due by 8-23- animals and animal PROTECTION AGENCY 99; published 7-14-99 DEFENSE DEPARTMENT products: Air quality implementation New York; comments due Vocational rehabilitation and Recognition of animal plans; approval and by 8-23-99; published 7- education: disease status of regions promulgation; various 14-99 Veterans educationÐ in European Union; States: North Carolina; comments Educational assistance comments due by 8-24- California; comments due by due by 8-23-99; published test program; increased 99; published 6-25-99 8-23-99; published 7-23- 7-14-99 allowances; published Foreign quarantine notices: 99 Texas; comments due by 8- 8-17-99 Mexican Haas avocados; Indian; comments due by 8- 23-99; published 7-14-99 ENVIRONMENTAL comments due by 8-24- 25-99; published 7-26-99 Television stations; table of assignments: PROTECTION AGENCY 99; published 6-25-99 Indiana; comments due by New York; comments due Air quality implementation COMMERCE DEPARTMENT 8-25-99; published 7-26- by 8-23-99; published 7- plans; approval and 99 National Oceanic and 14-99 promulgation; various Atmospheric Administration Montana; comments due by States: FEDERAL MARITIME Fishery conservation and 8-27-99; published 7-28- COMMISSION Illinois; published 6-18-99 99 management: Shipping Act of 1984; TRANSPORTATION Caribbean, Gulf, and South Clean Air Act: implementation: DEPARTMENT Atlantic fisheriesÐ Interstate ozone transport Ocean common carriers; Coast Guard Essential fish habitats; reductionÐ definition clarification; Ports and waterways safety: comments due by 8-23- Nitrogen oxides trading comments due by 8-24- Ports of New York and New 99; published 7-9-99 program; Section 126 99; published 6-25-99 Jersey; safety zone; West Coast States and petitions; findings of HOUSING AND URBAN published 8-17-99 Western Pacific significant contribution DEVELOPMENT TRANSPORTATION fisheriesÐ and rulemaking; DEPARTMENT DEPARTMENT Pacific Coast groundfish; comments due by 8-25- Public and Indian housing: 99; published 8-16-99 Admission and occupancyÐ Federal Aviation comments due by 8-25- Administration 99; published 7-26-99 Hazardous waste: Pet ownership in public housing; comments due Airworthiness directives: Western Pacific Coral Project XL program; site- Reef Ecosystem and specific projectsÐ by 8-23-99; published LET Aeronautical Works; 6-23-99 bottomfish and University of published 6-28-99 Public housing agency seamount groundfish; Massachusetts et al.; New Piper Aircraft, Inc.; organization; required comments due by 8-26- university laboratories; published 6-28-99 resident membership on 99; published 8-16-99 comments due by 8-26- board of directors or Pilatus Aircraft Ltd.; COMMODITY FUTURES 99; published 7-27-99 published 6-28-99 similar governing body; TRADING COMMISSION Superfund program: VETERANS AFFAIRS comments due by 8-23- Contract markets: National oil and hazardous DEPARTMENT 99; published 6-23-99 Contract market designation substances contingency Public Housing Assessment Medical benefits: applicationsÐ planÐ System; comments due Denied claims; Commission review and National priorities list by 8-23-99; published 6- reconsideration approval; procedures; update; comments due 22-99 procedures; published 8- comments due by 8-26- by 8-25-99; published INTERIOR DEPARTMENT 17-99 99; published 7-27-99 7-26-99 Fish and Wildlife Service Vocational rehabilitation and DEFENSE DEPARTMENT Water programs: Endangered and threatened education: Acquisition regulations: Clean Water ActÐ species: Veterans educationÐ Tidewater goby; northern Cargo preference- State and Tribal water Educational assistance populations; comments subcontracts for quality standards; test program; increased due by 8-23-99; published commercial items; review and approval; allowances; published 6-24-99 comments due by 8-23- comments due by 8-23- 8-17-99 99; published 6-22-99 99; published 7-9-99 Migratory bird hunting: Federal Indian reservations, Overseas use of purchase FEDERAL COMMENTS DUE NEXT off-reservation trust lands card; comments due by 8- COMMUNICATIONS and ceded lands; WEEK 25-99; published 7-29-99 COMMISSION comments due by 8-23- EDUCATION DEPARTMENT Radio services, special: 99; published 8-13-99 AGRICULTURE Postsecondary education: Maritime servicesÐ INTERIOR DEPARTMENT DEPARTMENT Secretary's recognition of Privately owned Surface Mining Reclamation Agricultural Marketing accrediting agencies; accounting authorities; and Enforcement Office Service comments due by 8-24- accounts settlement; Permanent program and Cherries (sweet) grown inÐ 99; published 6-25-99 streamlining; biennial abandoned mine land

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reclamation plan voluntary allotment TRANSPORTATION Class D airspace; comments submissions: program; expansion; DEPARTMENT due by 8-23-99; published Kansas; comments due by comments due by 8-23- Federal Aviation 7-7-99 8-25-99; published 7-26- 99; published 6-23-99 Administration Class E airspace; comments 99 SMALL BUSINESS Airworthiness directives: due by 8-24-99; published Mississippi; comments due ADMINISTRATION Airbus; comments due by 8- 7-19-99 by 8-25-99; published 7- Business loans: 23-99; published 7-23-99 26-99 Loan loss reserve fund; Avions Mundry et Cie; TRANSPORTATION Ohio; comments due by 8- comments due by 8-25- comments due by 8-27- DEPARTMENT 23-99; published 8-6-99 99; published 7-26-99 99; published 7-19-99 Oklahoma; comments due TRANSPORTATION Research and Special Bell; comments due by 8- by 8-25-99; published 8- DEPARTMENT Programs Administration 23-99; published 6-24-99 10-99 Coast Guard Boeing; comments due by Hazardous materials: NATIONAL CREDIT UNION Drawbridge operations: 8-23-99; published 6-23- ADMINISTRATION Iowa and Illinois; comments Hazardous materials 99 Credit unions: due by 8-23-99; published transportationÐ Credit union service 7-22-99 Dassault; comments due by organizationsÐ Ports and waterways safety: 8-23-99; published 7-22- Loading, unloading, and 99 storage; regulatory Real estate brokerage Lower New York Bay and applicability; comments services; grandfather Raritan Bay, NY; safety McDonnell Douglas; due by 8-25-99; exemption; comments zone; comments due by comments due by 8-23- published 7-28-99 due by 8-23-99; 8-23-99; published 7-7-99 99; published 7-23-99 MD Helicopters Inc.; published 6-22-99 Vessels and marine TREASURY DEPARTMENT PERSONNEL MANAGEMENT facilities; Year 2000 (Y2K) comments due by 8-23- OFFICE reporting requirements; 99; published 6-23-99 Internal Revenue Service Retirement: comments due by 8-23- Rolls-Royce plc; comments Income taxes: Civil Service Retirement 99; published 6-23-99 due by 8-23-99; published System (CSRS) and TRANSPORTATION 6-23-99 Simplified production, and Federal Employees DEPARTMENT Saab; comments due by 8- resale methods with Retirement System Economic regulations: 23-99; published 7-22-99 historic absorption ratio (FERS)Ð Domestic baggage liability; Sikorsky; comments due by election; special rules; State income tax comments due by 8-27- 8-23-99; published 6-24- comments due by 8-23- withholding and 99; published 6-28-99 99 99; published 5-24-99

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