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Contents Federal Register Vol. 64, No. 216
Tuesday, November 9, 1999
Administration on Aging Defense Department See Aging Administration See Air Force Department RULES Advisory Council on Historic Preservation Acquisition regulations: See Historic Preservation, Advisory Council Contract administration and audit services, 61029–61030 Coordinated procedures update, 61030–61031 Aging Administration Weighted guidelines and performance-based payments, NOTICES 61031–61033 Agency information collection activities: PROPOSED RULES Proposed collection; comment request, 61114 Acquisition regulations: Voluntary consensus standards (OMB Circular A-119), Agriculture Department 61056–61057 See Animal and Plant Health Inspection Service NOTICES See Farm Service Agency Arms sales notification; transmittal letter, etc., 61067–61089 See Food and Nutrition Service Civilian health and medical program of uniformed services See Forest Service (CHAMPUS): PROPOSED RULES DRG-based payment system (2000 FY)— Mediation; certified mediation program, 61034–61039 TRICARE/CHAMPUS; revised weights, thresholds, and per diem rates, 61090–61091 Air Force Department Meetings: NOTICES Wage Committee, 61091 Environmental statements; availability, etc.: Base realignment and closure— Denali Commission Lowry Air Force Base, CO, 61091 NOTICES Animal and Plant Health Inspection Service Work plan for 2001 FY, 61091–61098 NOTICES Meetings: Education Department Veterinary biological products, 61058–61059 NOTICES Grants and cooperative agreements; availability, etc.: Children and Families Administration Educational research and improvement— NOTICES Field-Initiated Studies Education Research Program, Agency information collection activities: 61197–61198 Proposed collection; comment request, 61114–61115 Employment and Training Administration Civil Rights Commission NOTICES NOTICES Adjustment assistance: Meetings; State advisory committees: Thunderbird Mining, 61132 West Virginia, 61064
Coast Guard Energy Department See Federal Energy Regulatory Commission RULES Ports and waterways safety: East River, NY; safety zone, 61021–61022 Environmental Protection Agency RULES Commerce Department Water pollution control: See International Trade Administration Water quality standards— Polychlorinated biphenyls (PCBs); priority toxic Commodity Futures Trading Commission pollutants numeric criteria; States’ compliance, NOTICES 61181–61196 Meetings: PROPOSED RULES Agricultural Advisory Committee, 61066 Air quality implementation plans; approval and Meetings; Sunshine Act, 61066–61067 promulgation; various States: California, 61051 Consumer Product Safety Commission Michigan, 61046–61051 RULES Superfund program: Flammable Fabrics Act: National oil and hazardous substances contingency Children’s sleepwear (sizes 0-6X and 7-14); flammability plan— standards— National priorities list update, 61051–61054 Snug-fitting sleepwear; label and hangtag requirements; NOTICES correction, 61021 Reports and guidance documents; availability, etc.: NOTICES Concentrated animal feeding operations; guidance Meetings; Sunshine Act, 61067 manual and example NPDES permit, 61109
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Water supply: Southern Natural Gas Co., 61103 Public water supply supervision program— South Georgia Natural Gas Co., 61103 South Dakota, 61109–61110 Stingray Pipeline Co., 61104 Tennessee Gas Pipeline Co., 61104 Executive Office of the President Texas Eastern Transmission Corp., 61104–61105 See Trade Representative, Office of United States Transcontinental Gas Pipe Line Corp., 61105 Tuscarora Gas Transmission Co., 61106 Farm Service Agency Viking Gas Transmission Co., 61106 PROPOSED RULES Young Gas Storage Co., Ltd., 61106–61107 Mediation; certified mediation program, 61034–61039 NOTICES Federal Highway Administration Meetings: NOTICES National Drought Policy Commission, 61059–61060 Environmental statements; notice of intent: Daggett County, UT, 61176–61177 Federal Aviation Administration RULES Federal Housing Finance Board Standard instrument approach procedures, 61017–61021 PROPOSED RULES RULES Airworthiness directives: Unpublished information availability, 61016 Aerospatiale, 61044–61045 Air Cruisers Co., 61042–61044 Federal Reserve System Bombardier, 61039–61042 NOTICES NOTICES Banks and bank holding companies: Meetings: Change in bank control, 61112 RTCA, Inc., 61176 Formations, acquisitions, and mergers, 61112
Federal Communications Commission Federal Transit Administration RULES RULES Common carrier services: Organization, functions, and authority delegations: Commercial mobile radio services— Deputy Administrator, 61033 Interconnection and resale obligations and forbearance issues, 61022–61028 Food and Drug Administration PROPOSED RULES PROPOSED RULES Radio broadcasting: Biological products: Digital audio systems; impact on terrestial radio service, Blood safety initiative; comment period extended and 61054–61056 NOTICES public meeting, 61045–61046 NOTICES Agency information collection activities: Food additive petitions: Proposed collection; comment request, 61110 Rohm & Haas Co., 61132 Common carrier services: Meetings: Telecommunications reporting worksheet; consolidated Medical Devices Advisory Committee, 61115–61116 data collection procedures and cost allocation methodology, 61110–61111 Food and Nutrition Service Federal Deposit Insurance Corporation RULES NOTICES Child nutrition programs: Agency information collection activities: Women, infants, and children; special supplemental Submission for OMB review; comment request, 61111– nutrition program— 61112 Local agency expenditure reports, 61015–61016
Federal Energy Regulatory Commission Forest Service NOTICES NOTICES Electric rate and corporate regulation filings: Appealable decisions; legal notice: PECO Energy Co. et al., 61107–61108 Southern Region, 61060–61062 Environmental statements; availability, etc.: Environmental statements; availability, etc.: Petersburg Municipal Power & Light, 61108–61109 Utah Northern Goshawk Project, 61062–61063 Applications, hearings, determinations, etc.: Environmental statements; notice of intent: Algonquin Gas Transmission Co., 61098 Black Hills National Forest, SD, 61063–61064 ANR Pipeline Co., 61099 Columbia Gas Transmission Corp., 61099–61100 Health and Human Services Department Columbia Gas Transmission Corp. et al., 61100 See Aging Administration Destin Pipeline Co., L.L.C., 61100–61101 See Children and Families Administration East Tennessee Natural Gas Co., 61101 See Food and Drug Administration Iroquois Gas Transmission System, L.P., 61101–61102 See Substance Abuse and Mental Health Services Koch Gateway Pipeline Co., 61102 Administration Mississippi River Transmission Corp., 61102 NOTICES Natural Gas Pipeline Co. of America, 61102–61103 Committees; establishment, renewal, termination, etc.: Northern Natural Gas Co., 61103 Minority Health Advisory Committee, 61112–61113
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Historic Preservation, Advisory Council Minerals Management Service NOTICES NOTICES Meetings, 61058 Environmental statements; availability, etc.: Gulf of Mexico OCS— Immigration and Naturalization Service Oil and gas operations, 61118–61119 NOTICES Temporary protected status program designations: National Highway Traffic Safety Administration Burundi, 61123–61125 NOTICES Sierra Leone, 61125–61128 Motor vehicle safety standards; exemption petitions, etc.: Sudan, 61128–61130 Bombardier Motor Corp. of America, Inc., 61178–61179 National Park Service Interior Department NOTICES See Land Management Bureau National Register of Historic Places: See Minerals Management Service Pending nominations, 61119–61120 See National Park Service Native American human remains and associated funerary See Reclamation Bureau objects: Charles Whipple Greene Museum, George Hail Library, International Trade Administration RI; inventory, 61120–61121 NOTICES University of Illinois at Urbana-Champaign, Antidumping: Anthropology Department, IL; inventory, 61121– Compact ductile iron waterworks fittings and glands 61122 from— China, 61064 National Science Foundation Stanless steel plate from— NOTICES Sweden, 61065–61066 Meetings; Sunshine Act, 61141 Countervailing duties: Cut-to-length carbon steel plate from— Nuclear Regulatory Commission Mexico, 61066 NOTICES Agency information collection activities: Justice Department Proposed collection; comment request, 61141–61142 See Immigration and Naturalization Service Submission for OMB review; comment request, 61142 See Justice Programs Office Enforcement actions; policy and procedure; revision, 61142–61167 Justice Programs Office Environmental statements; availability, etc.: NOTICES Power Authority of State of New York, 61167–61169 Meetings: Operating licenses, amendments; no significant hazards Violence Against Women National Advisory Council, considerations; biweekly notices; correction, 61169 61130–61131 Office of United States Trade Representative See Trade Representative, Office of United States Labor Department See Employment and Training Administration Pension and Welfare Benefits Administration See Pension and Welfare Benefits Administration NOTICES NOTICES Employee benefit plans; prohibited transaction exemptions: Agency information collection activities: Anvil Construction Co., Inc., et al., 61132–61136 Submission for OMB review; comment request, 61131 Pacific Life Corp. et al., 61136–61141 Meetings: North American Agreement on Labor Cooperation Public Health Service National Advisory Committee, 61131–61132 See Food and Drug Administration See Substance Abuse and Mental Health Services Land Management Bureau Administration NOTICES Classification of public lands: Reclamation Bureau Idaho, 61116 NOTICES Environmental statements; notice of intent: Central Valley Project Improvement Act: Daggett County, UT, 61176–61177 Water management plans; evaluation criteria, 61122 Santo Domingo and San Felipe Pueblos, NM, 61116– Meetings: 61117 Glen Canyon Adaptive Management Work Group and Realty actions; sales, leases, etc.: Glen Canyon Technical Work Group; correction, New Mexico, 61117–61118 61122–61123
Maritime Administration Social Security Administration NOTICES NOTICES Agency information collection activities: Agency information collection activities: Submission for OMB review; comment request, 61177– Proposed collection and submission for OMB review; 61178 comment request, 61169–61171
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Substance Abuse and Mental Health Services NOTICES Administration Aviation proceedings: NOTICES Agreements filed; weekly receipts, 61175 Meetings: Certificates of public convenience and necessity and Drug Testing Advisory Board, 61116 foreign air carrier permits; weekly applications, 61175–61176
Trade Representative, Office of United States Treasury Department NOTICES NOTICES North American Free Trade Agreement (NAFTA): Agency information collection activities: Chapter 19 roster; invitation for applications for Submission for OMB review; comment request, 61179 inclusion, 61171–61172 Tariff-rate quota amount determinations: Raw cane sugar, 61172–61173 Separate Parts In This Issue World Trade Organization: Dispute settlement panel establishment requests— Part II Dispute settlement roster of panel candidates; Environmental Protection Agency, 61181–61196 nominations, 61173–61175 Part III Transportation Department Department of Education, 61197–61198 See Coast Guard See Federal Aviation Administration See Federal Highway Administration Reader Aids See Federal Transit Administration Consult the Reader Aids section at the end of this issue for See Maritime Administration phone numbers, online resources, finding aids, reminders, See National Highway Traffic Safety Administration 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 246...... 61015 Proposed Rules: 785...... 61034 1946...... 61034 12 CFR 905...... 61016 14 CFR 97 (2 documents) ...... 61017, 61018 Proposed Rules: 39 (3 documents) ...... 61039, 61042, 61044 16 CFR 1616...... 61021 21 CFR Proposed Rules: 600...... 61045 606...... 61045 607...... 61045 610...... 61045 630...... 61045 640...... 61045 660...... 61045 33 CFR 165...... 61021 40 CFR 131...... 61182 Proposed Rules: 52 (2 documents) ...... 61046, 61051 300...... 61051 47 CFR 20...... 61022 Proposed Rules: 73...... 61054 48 CFR 204...... 61028 208...... 61030 209...... 61028 215...... 61031 225...... 61028 242...... 61028 247...... 61028 251...... 61030 Proposed Rules: 211...... 61056 49 CFR 601...... 61033
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Rules and Regulations Federal Register Vol. 64, No. 216
Tuesday, November 9, 1999
This section of the FEDERAL REGISTER SUPPLEMENTARY INFORMATION: agencies the same flexibility in setting contains regulatory documents having general the reporting period for food cost Background applicability and legal effect, most of which reports by local agencies. If a State are keyed to and codified in the Code of What is the Current Requirement for agency chooses to permit bimonthly or Federal Regulations, which is published under Reporting Expenditures? quarterly reporting of food cost 50 titles pursuant to 44 U.S.C. 1510. Under the WIC Program, we provide expenditures, the food costs must still The Code of Federal Regulations is sold by funds to State agencies to pay for the be broken down by month within the the Superintendent of Documents. Prices of food costs and nutrition services and reporting period. new books are listed in the first FEDERAL administration (NSA) costs incurred by Why Is This a Direct Final Rule? REGISTER issue of each week. the State agencies and their local The Department has decided to agencies. We distribute these funds to promulgate this change as a direct final DEPARTMENT OF AGRICULTURE State agencies pursuant to the funding rule in light of its noncontroversial formulas at 7 CFR 246.16. Section nature and in order to give State Food and Nutrition Service 246.16(d) requires State agencies to agencies this option as quickly as provide to local agencies all funds made possible. Readers should refer to our 7 CFR Part 246 available by the Department, except policy statement on the use of direct RIN 0584±AC74 those funds necessary for allowable final rules (October 23, 1997, 52 FR State agency NSA costs and food costs 55141) for a description of the direct Special Supplemental Nutrition paid directly by the State agency. final rulemaking process. If we receive Program for Women, Infants, and Section 246.16(d) further requires State timely adverse comments or notices of Children (WIC): Local Agency agencies to distribute the funds based intent to submit adverse comments Expenditure Reports on claims submitted at least monthly by within the scope of this rulemaking, we the local agency. will publish timely notification of AGENCY: Food and Nutrition Service, withdrawal of this rule in the Federal USDA. How Does This Direct Final Rule Register. ACTION: Direct final rule. Change the Reporting Requirement? Some State agencies are Executive Order 12866 SUMMARY: This direct final rule amends experimenting with ways to streamline the regulations for the Special This direct final rule has been program administration. Among the determined to be not significant for Supplemental Nutrition Program for suggestions we have received is a Women, Infants, and Children (WIC) to purposes of Executive Order 12866, and, recommendation to permit local agency therefore, has not been reviewed by the give State agencies greater flexibility in NSA expenditure reports to be filed the way they collect expenditure data Office of Management and Budget quarterly, instead of monthly. State (OMB). from local agencies. State agencies will agencies have pointed out that many be allowed to permit local agencies to other Federal programs use quarterly Regulatory Flexibility Act submit expenditure reports up to reporting. Accordingly, we have This action has been reviewed with quarterly, rather than monthly as is decided to change the WIC regulations regard to the requirements of the currently required. This rule responds on this point. Regulatory Flexibility Act (5 U.S.C. to a recommendation suggested by some Under this change, State agencies may 601–612). The Administrator of the State agencies and is intended to allow permit local agencies to submit their Food and Nutrition Service (FNS) has State agencies to streamline program expenditure reports quarterly. State certified that this action will not have a administration. agencies may require more frequent significant economic impact on a DATES: This rule will become effective reports if they wish. A parallel change substantial number of small entities. on January 24, 2000, unless we receive is made to the current requirement that While procedures in this rulemaking written adverse comments or notices of State agencies offset advances against will affect State and local agencies that intent to submit adverse comments incoming claims each month. Instead, administer the WIC Program, any postmarked on or before December 9, offset is required as the claims are economic effect will not be significant. 1999. submitted. This accommodates Unfunded Mandate Reform Act of 1995 ADDRESSES: Comments should be sent to whatever reporting period a State Patricia N. Daniels, Director, agency chooses. Title II of the Unfunded Mandate Supplemental Food Program Division, Reform Act of 1995 (UMRA), Public Food and Nutrition Service, U.S. Does This Change Affect Local Agency Law 104–4, establishes requirements for Department of Agriculture, Park Office Reports of Food Cost Expenditures? Federal agencies to assess the effects of Center, Room 540, 3101 Park Center This change would apply to local their regulatory actions on State, local, Drive, Alexandria, VA 22302–1594. All agency reports of both NSA and tribal governments and the private written submissions will be available for expenditures and food cost sector. Under section 202 of the UMRA, public inspection at this address during expenditures. The primary effect of this FNS generally must prepare a written normal business hours (8:30 a.m. to 5 change would be for NSA expenditure statement, including a cost-benefit p.m., Mondays through Fridays). reports, because in most State agencies analysis, for proposed and final rules FOR FURTHER INFORMATION CONTACT: the food costs are paid by the State with ‘‘Federal mandates’’ that may Debbie McIntosh at the above address or agency rather than the local agencies. result in expenditures to State, local, or telephone (703) 305–2710. However, this rule does extend State tribal governments, in the aggregate, or
VerDate 29-OCT-99 09:11 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\A09NO0.026 pfrm03 PsN: 09NOR1 61016 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Rules and Regulations to the private sector, of $100 million or Reporting and recordkeeping I. Background more in any one year. When such a requirements, Public assistance statement is needed for a rule, section programs, WIC, Women. In August 1999, the Finance Board 205 of the UMRA generally requires Accordingly, 7 CFR Part 246 is published an interim final rule with FNS to identify and consider a amended as follows: request for comments that added a new reasonable number of regulatory part 905 to its regulations. See 64 FR alternatives and adopt the least costly, PART 246ÐSPECIAL SUPPLEMENTAL 44103 (August 13, 1999), codified at 12 more cost-effective or lease burdensome NUTRITION PROGRAM FOR WOMEN, CFR part 905. Part 905 establishes alternative that achieves the objectives INFANTS, AND CHILDREN procedures that must be followed by of the rule. This rule contains no persons or entities requesting 1. The authority citation for Part 246 unpublished Finance Board information Federal mandates (under the regulatory continues to read as follows: provisions of Title II of the UMRA) for either by document or by testimony of State, local, and tribal governments or Authority: 42 U.S.C. 1786. current or former Finance Board employees or agents, and practices and the private sector of $100 million or § 246.16 [Amended] procedures the Finance Board will use more in any one year. Thus, this direct 2. In § 246.16, amend the introductory final rule is not subject to the in responding to such requests. The 60- text of paragraph (d) as follows: day public comment period for the requirements of sections 202 and 205 of a. in the second sentence, remove the the UMRA. interim final rule closed on October 12, word ‘‘monthly’’ and add in its place 1999. See id. Executive Order 12372 the word ‘‘quarterly’’; b. in the third sentence, remove the II. Analysis of Public Comments and This program is listed in the Catalog words ‘‘each month’’ and add it their the Final Rule of Federal Domestic Assistance under place the words ‘‘as they are 10.557. For the reasons set forth in 7 submitted’’. The Finance Board received no CFR Part 3015, Subpart V and the final comments in response to the interim rule-related notice published at 48 FR Dated: October 29, 1999. final rule. Thus, for the reasons set forth 29115, June 24, 1983, this program is Samuel Chambers, Jr., in detail in the interim final rulemaking, included in the scope of Executive Administrator, Food and Nutrition Service. the Finance Board is adopting the Order 12372 which requires [FR Doc. 99–29319 Filed 11–8–99; 8:45 am] interim final rule that added part 905 to intergovernmental consultation with BILLING CODE 3410±30±P govern the availability of unpublished State and local officials. information as a final rule without change. Paperwork Reduction Act of 1995 FEDERAL HOUSING FINANCE BOARD This final rule contains no new III. Regulatory Flexibility Act information collection requirements 12 CFR Part 905 The Finance Board adopted part 905 under the Paperwork Reduction Act of [No. 99±54] in the form of an interim final rule and 1995 (44 U.S.C. 3507). The existing not as a proposed rule. Therefore, the recordkeeping and reporting RIN 3069±AA81 provisions of the Regulatory Flexibility requirements, which were approved by Availability of Unpublished Information Act do not apply. See 5 U.S.C. 601(2) OMB under control number 0584–0045, and 603(a). will not change as a result of this final AGENCY: Federal Housing Finance IV. Paperwork Reduction Act rule. Board. Executive Order 12988 ACTION: Final rule. The final rule does not contain any This direct final rule has been collections of information pursuant to SUMMARY: The Federal Housing Finance the Paperwork Reduction Act of 1995. reviewed under Executive Order 12988, Board (Finance Board) is adopting Civil Justice Reform. This rule is See 44 U.S.C. 3501 et seq. Consequently, without change as a final rule the the Finance Board has not submitted intended to have preemptive effect with interim final rule that added a new part respect to any State or local laws, any information to the Office of 905 to its regulations governing the Management and Budget for review. regulations, or policies which conflict availability of unpublished information. with its provisions or which would The final rule describes the procedures List of Subjects in 12 CFR Part 905 otherwise impede its full a person or entity must follow when Confidential business information, implementation. This rule is not requesting unpublished Finance Board Federal home loan banks, Freedom of intended to have retroactive effect information either by document or by information, Reporting and unless so specified in the EFFECTIVE testimony of current or former Finance recordkeeping requirements. DATE section of the preamble. Prior to Board employees or agents and the any judicial challenge to the application practices and procedures the Finance For the reasons stated in the of the provisions of this rule, all Board will use in responding to such preamble, the Finance Board hereby applicable administrative procedures requests. adopts the interim final rule adding 12 must be exhausted. CFR part 905 that was published at 64 EFFECTIVE DATE: The final rule will List of Subjects in 7 CFR Part 246 become effective on December 9, 1999. FR 44103 on August 13, 1999, as a final rule without change. Administrative practice and FOR FURTHER INFORMATION CONTACT: procedure, Civil rights, Food assistance Janice A. Kaye, Attorney-Advisor, Office By the Board of Directors of the Federal Housing Finance Board. programs, Food and Nutrition Service, of General Counsel, by telephone at 202/ Food donations, Grant programs— 408–2505, by electronic mail at Dated: November 1, 1999. health, Grant programs—social [email protected], or by regular mail at the Bruce A. Morrison, programs, Indians, Infants and children, Federal Housing Finance Board, 1777 F Chairperson. Maternal and child health, Nutrition, Street, NW, Washington, DC 20006. [FR Doc. 99–29245 Filed 11–8–99; 8:45 am] Nutrition education, Penalties, SUPPLEMENTARY INFORMATION: BILLING CODE 6725±01±P
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DEPARTMENT OF TRANSPORTATION Standards Branch (AMCAFS–420), Terminal Instrument Procedures Flight Technologies and Programs (TERPS). In developing these SIAPs, the Federal Aviation Administration Division, Flight Standards Service, TERPS criteria were applied to the Federal Aviation Administration, Mike conditions existing or anticipated at the 14 CFR Part 97 Monroney Aeronautical Center, 6500 affected airports. Because of the close [Docket No. 29830; Amdt. No. 1958] South MacArthur Blvd., Oklahoma City, and immediate relationship between OK 73169 (Mail Address: P.O. Box these SIAPs and safety in air commerce, Standard Instrument Approach 25082 Oklahoma City, OK. 73125) I find that notice and public procedure Procedures; Miscellaneous telephone: (405) 954–4164. before adopting these SIAPs are Amendments SUPPLEMENTARY INFORMATION: This impracticable and contrary to the public amendment to part 97 of the Federal interest and, where applicable, that AGENCY: Federal Aviation Aviation Regulations (14 CFR part 97) good cause exists for making some Administration (FAA), DOT. establishes, amends, suspends, or SIAPs effective in less than 30 days. ACTION: Final rule. revokes Standard Instrument Approach Conclusion Procedures (SIAPs). The complete SUMMARY: This amendment establishes, regulatory description of each SIAP is The FAA has determined that this amends, suspends, or revokes Standard contained in official FAA form regulation only involves an established Instrument Approach Procedures documents which are incorporated by body of technical regulations for which (SIAPs) for operations at certain reference in this amendment under 5 frequent and routine amendments are airports. These regulatory actions are U.S.C. 552(a), 1 CFR part 51, and § 97.20 necessary to keep them operationally needed because of the adoption of new of the Federal Aviation Regulations current. It, therefore—(1) is not a or revised criteria, or because of changes (FAR). The applicable FAA Forms are ‘‘significant regulatory action’’ under occurring in the National Airspace identified as FAA Forms 8260–3, 8260– Executive Order 12866; (2) is not a System, such as the commissioning of 4, and 8260–5. Materials incorporated ‘’significant rule’’ under DOT new navigational facilities, addition of by reference are available for Regulatory Policies and Procedures (44 new obstacles, or changes in air traffic examination or purchase as stated FR 11034; February 26, 1979); and (3) requirements. These changes are above. does not warrant preparation of a designed to provide safe and efficient The large number of SIAPs, their regulatory evaluation as the anticipated use of the navigable airspace and to complex nature, and the need for a impact is so minimal. For the same promote safe flight operations under special format make their verbatim reason, the FAA certifies that this instrument flight rules at the affected publication in the Federal Register amendment will not have a significant airports. expensive and impractical. Further, economic impact on a substantial DATES: An effective date for each SIAP airmen do not use the regulatory text of number of small entities under the is specified in the amendatory the SIAPs, but refer to their graphic criteria of the Regulatory Flexibility Act. provisions. depiction on charts printed by Incorporation by reference-approved publishers of aeronautical materials. List of Subjects in 14 CFR Part 97 by the Director of the Federal Register Thus, the advantages of incorporation Air traffic control, Airports, on December 31, 1980, and reapproved by reference are realized and Navigation (air). as of January 1, 1982. publication of the complete description Issued in Washington, DC on October 29, ADDRESSES: Availability of matters of each SIAP contained in FAA form 1999. incorporated by reference in the documents is unnecessary. The L. Nicholas Lacey, amendment is as follows:. provisions of this amendment state the Director, Flight Standards Service. For Examination— affected CFR (and FAR) sections, with Adoption of the Amendment 1. FAA Rules Docket, FAA the types and effective dates of the Headquarters Building, 800 SIAPs. This amendment also identifies Accordingly, pursuant to the Independence Avenue, SW., the airport, its location, the procedure authority delegated to me, part 97 of the Washington, DC 20591; identification and the amendment Federal Aviation Regulations (14 CFR 2. The FAA Regional Office of the number. part 97) is amended by establishing, region in which the affected airport is The Rule amending, suspending, or revoking Standard Instrument Approach located; or This amendment to part 97 is effective 3. The Flight Inspection Area Office Procedures, effective at 0901 UTC on upon publication of each separate SIAP the dates specified, as follows: which originated the SIAP. as contained in the transmittal. Some For Purchase—Individual SIAP SIAP amendments may have been PART 97ÐSTANDARD INSTRUMENT copies may be obtained from: previously issued by the FAA in a APPROACH PROCEDURES 1. FAA Public Inquiry Center (APA– National Flight Data Center (NFDC) 200), FAA Headquarters Building, 800 Notice to Airmen (NOTAM) as an 1. The authority citation for part 97 is Independence Avenue, SW., emergency action of immediate flight revised to read as follows: Washington, DC 20591; or safety relating directly to published Authority: 49 U.S.C. 106(g), 40103, 40113, 2. The FAA Regional Office of the aeronautical charts. The circumstances 40120, 44701; and 14 CFR 11.49(b)(2). region in which the affected airport is which created the need for some SIAP located. 2. Part 97 is amended to read as amendments may require making them follows: By Subscription—Copies of all SIAPs, effective in less than 30 days. For the mailed once every 2 weeks, are for sale remaining SIAPs, an effective date at §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, by the Superintendent of Documents, least 30 days after publication is 97.35 [Amended] U.S. Government Printing Office, provided. By amending: § 97.23 VOR, VOR/ Washington, DC 20402. Further, the SIAPs contained in this DME, VOR or TACAN, and VOR/DME FOR FURTHER INFORMATION CONTACT: amendment are based on the criteria or TACAN; § 97.25 LOC, LOC/DME, Donald P. Pate, Flight Procedure contained in the U.S. Standard for LDA, LDA/DME, SDF, SDF/DME;
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§ 97.27 NDB, NDB/DME; § 97.29 ILS, Springfield, MO, Springfield-Branson DEPARTMENT OF TRANSPORTATION ILS/DME, ISMLS, MLS, MLS/DME, Regional, NDB RWY 2, Amdt 17 MLS/RNAV; § 97.31 RADAR SIAPs; Springfield, MO, Springfield-Branson Federal Aviation Administration § 97.33 RNAV SIAPs; and § 97.35 Regional, NDB RWY 14, Amdt 11 COPTER SIAPs, identified as follows: Springfield, MO, Springfield-Branson 14 CFR Part 97 Regional, ILS RWY 2, Amdt 17 [Docket No. 29831; Amdt. No. 1959] .. . Effective December 2, 1999 Springfield, MO, Springfield-Branson Rolla/Vichy, MO, Rolla National, GPS RWY Regional, GPS RWY 2, Orig Standard Instrument Approach 4, Orig Artesia, NM, Artesia Muni, NDB RWY 12, Procedures; Miscellaneous Albany, NY, Albany Intl, VOR RWY 1, Amdt Amdt 4 19A, CANCELLED Amendments Artesia, NM, Artesia Muni, NDB RWY 30, Albany, NY, Albany Intl, VOR OR GPS RWY AGENCY: Federal Aviation 19, Amdt 19A, CANCELLED Amdt 4 Ponca City, OK, Ponca City Muni, VOR–A, Artesia, NM, Artesia Muni, GPS RWY 12, Administration (FAA), DOT. Amdt 9 Orig ACTION: Final rule. Artesia, NM, Artesia Muni, GPS RWY 30, .. . Effective December 30, 1999 Orig SUMMARY: This amendment establishes, Kingman, AZ, Kingman, GPS RWY 3, Orig Carlsbad, NM, Cavern City Air Terminal, GPS amends, suspends, or revokes Standard Kingman, AZ, Kingman, GPS RWY 21, Orig RWY 21, Amdt 1 Instrument Approach Procedures (SIAP) Eureka, CA, Murray Field, GPS RWY 11, Orig Rochester, NY, Greater Rochester Intl, ILS for operations at certain airports. These Eureka, CA, Murray Field, VOR/DME RNAV RWY 4, Amdt 17 regulatory actions are needed because of RWY 11, Amdt 6 changes occurring in the National Santa Ynez, CA, Santa Ynez, GPS RWY 8, Rochester, NY, Greater Rochester Intl, ILS Orig RWY 28, Amdt 28 Airspace System, such as the Cocoa, FL, Merritt Island, GPS RWY 11, Chapel Hill, NC, Horace Williams, RADAR– commissioning of new navigational Amdt 1 1, Amdt 8, CANCELLED facilities, addition of new obstacles, or Keystone Heights, FL, Keystone Airpark, Ocracoke, NC, Ocracoke Island, NDB OR changes in air traffic requirements. VOR/DME RWY 4, Amdt 1, CANCELLED GPS–A, Amdt 1A, CANCELLED These changes are designed to provide Williston, FL, Williston Muni, GPS RWY 22, Raleigh-Durham, NC, Raleigh-Durham Intl, safe and efficient use of the navigable Orig RADAR–1, Amdt 7C, CANCELLED airspace and to promote safe flight Williston, FL, Williston Muni, VOR/DME Enid, OK, Enid Woodring Muni, GPS RWY operations under instrument flight rules RWY 22, Amdt 1, CANCELLED 17, Orig Pekin, IL, Pekin Muni, VOR or GPS–A, Amdt at the affected airports. 6 Enid, OK, Enid Woodring Muni, GPS RWY DATES: An effective date for each SIAP Pekin, IL, Pekin Muni, VOR/DME RNAV or 35, Orig is specified in the amendatory GPS RWY 9, Amdt 5 Watonga, OK, Watonga, GPS RWY 17, Orig provisions. Plainfield, IL, Clow Intl, VOR or GPS–A, Astoria, OR, Astoria Regional, VOR RWY 8, Incorporation by reference—approved Amdt 2 Amdt 12 by the Director of the Federal Register Fort Wayne, IN, Smith Field, VOR RWY 13, Kutztown, PA, Kutztown, GPS RWY 17, on December 31, 1980, and reapproved Amdt 9 Amdt 1 as of January 1, 1982. Sullivan, IN, Sullivan County, NDB RWY 36, Philadelphia, PA, Northeast Philadelphia, ADDRESSES: Availability of matter Amdt 7 GPS RWY 15, Amdt 1 Sullivan, IN, Sullivan County, VOR/DME–A, incorporated by reference in the Philadelphia, PA, Northeast Philadelphia, Amdt 2 amendment is as follows: Hopedale, MA, Hopedale Industrial Park, GPS RWY 33, Amdt 1 GPS–A, orig Loris, SC, Twin City, GPS RWY 26, Orig For Examination— Miller, SD, Miller Muni, GPS RWY 15, Orig Hopedale, MA, Hopedale Industrial Park, 1. FAA Rules Docket, FAA Miller, SD, Miller Muni, GPS RWY 33, Orig VOR–A, Amdt 6, CANCELLED Headquarters Building, 800 Pontiac, MI, Oakland County International, Longview, TX, Gregg County, VOR–A, Orig Independence Avenue, SW., LOC BC RWY 27L, Orig Longview, TX, Gregg County, VOR/DME OR Pontiac, MI, Oakland County International, TACAN RWY 13, Orig Washington, DC 20591; 2. The FAA Regional Office of the LOC/DME BC RWY 27L, Amdt 7, Longview, TX, Gregg County, VOR OR CANCELLED TACAN RWY 13, Amdt 20, CANCELLED region in which affected airport is Caledonia, MN, Houston County, VOR/DME located; or or GPS–A, Amdt 3 Lyndonville, VT, Caledonia County, GPS RWY 2, Orig 3. The Flight Inspection Area Office Caledonia, MN, Houston County, GPS RWY which originated the SIAP. 31, Orig Richmond, VA, Chesterfield County, ILS Dodge Center, MN, Dodge Center, GPS RWY RWY 33, Amdt 1 For Purchase— South Hill, VA, Mecklenburg-Brunswick 34, Amdt 2 Individual SIAP copies may be Maple Lake, MN, Maple Lake Muni, VOR–A, Regional, LOC RWY 1, Orig obtained from: Amdt 3 South Hill, VA, Mecklenburg-Brunswick 1. FAA Public Inquiry Center (APA– Worthington, MN, Worthington Muni, VOR Regional, NDB RWY 1, Orig or GPS RWY 11, Amdt 2 South Hill, VA, Mecklenburg-Brunswick 200), FAA Headquarters Building, 800 Worthington, MN, Worthington Muni, VOR Regional, NDB OR GPS RWY 1, Amdt 1, Independence Avenue, SW., or GPS RWY 17, Amdt 9 CANCELLED Washington, DC 20591; or Worthington, MN, Worthington Muni, VOR 2. The FAA Regional Office of the OR GPS RWY 35, Amdt 5 [FR Doc. 99–29310 Filed 11–8–99; 8:45 am] region in which the affected airport is Gulfport, MS, Gulfport-Biloxi Regional, VOR/ BILLING CODE 4910±13±M located. DME OR TACAN RWY 32, Amdt 3 Moberly, MO, Omar N. Bradley, NDB RWY By Subscription— 13, Amdt 4, CANCELLED Moberly, MO, Omar N. Bradley, NDB RWY Copies of all SIAP, mailed once every 31, Amdt 4, CANCELLED 2 weeks, are for sale by the Springfield, MO, Springfield-Branson Superintendent of Documents, US Regional, VOR OR TACAN RWY 20, Amdt Government Printing Office, 18 Washington, DC 20402.
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FOR FURTHER INFORMATION CONTACT: part 97) establishes, amends, suspends, FR 11034; February 26, 1979); and (3) Donald P. Pate, Flight Procedure or revokes SIAPs. For safety and does not warrant preparation of a Standards Branch (AMCAFS–420), timeliness of change considerations, this regulatory evaluation as the anticipated Flight Technologies and Programs amendment incorporates only specific impact is so minimal. For the same Division, Flight Standards Service, changes contained in the content of the reason, the FAA certifies that this Federal Aviation Administration, Mike following FDC/P NOTAMs for each amendment will not have a significant Monroney Aeronautical Center, 6500 SIAP. The SIAP information in some economic impact on a substantial South MacArthur Blvd. Oklahoma City, previously designated FDC/Temporary number of small entities under the OK 73169 (Mail Address: P.O. Box (FDC/T) NOTAMs is of such duration as criteria of the Regulatory Flexibility Act. 25082 Oklahoma City, OK 73125) to be permanent. With conversion to telephone: (405) 954–4164. FDC/P NOTAMs, the respective FDC/T List of Subjects in 14 CFR Part 97 SUPPLEMENTARY INFORMATION: This NOTAMs have been canceled. Air traffic control, Airports, amendment to part 97 of the Federal The FDC/P NOTAMs for the SIAPs Navigation (air). Aviation Regulations (14 CFR part 97) contained in this amendment are based establishes, amends, suspends, or on the criteria contained in the U.S. Issued in Washington, DC on November 29, revokes Standard Instrument Approach Standard for Terminal Instrument 1999. Procedures (SIAP). The complete Procedures (TERPS). In developing L. Nicholas Lacey, regulatory description on each SIAP is these chart changes to SIAPs by FDC/P Director, Flight Standards Service. contained in the appropriate FAA Form NOTAMs, the TERPS criteria were 8260 and the National Flight Data applied to only these specific conditions Adoption of the Amendment Center (FDC)/Permanent (P) Notices to existing at the affected airports. All Accordingly, pursuant to the Airmen (NOTAM) which are SIAP amendments in this rule have authority delegated to me, part 97 of the incorporated by reference in the been previously issued by the FAA in a Federal Aviation Regulations (14 CFR amendment under 5 U.S.C. 552(a), 1 National Flight Data Center (FDC) part 97) is amended by establishing, CFR part 51, and § 97.20 of the Federal Notice to Airmen (NOTAM) as an amending, suspending, or revoking Aviation’s Regulations (FAR). Materials emergency action of immediate flight Standard Instrument Approach incorporated by reference are available safety relating directly to published Procedures, effective at 0901 UTC on for examination or purchase as stated aeronautical charts. The circumstances the dates specified, as follows: above. which created the need for all these The large number of SIAPs, their SIAP amendments requires making PART 97ÐSTANDARD INSTRUMENT complex nature, and the need for a them effective in less than 30 days. APPROACH PROCEDURES special format make their verbatim Further, the SIAPs contained in this publication in the Federal Register amendment are based on the criteria 1. The authority citation for part 97 is expensive and impractical. Further, contained in the TERPS. Because of the revised to read as follows: airmen do not use the regulatory text of close and immediate relationship Authority: 49 U.S.C. 40103, 40113, 40120, between these SIAPs and safety in air the SIAPs, but refer to their graphic 44701; 49 U.S.C. 106(g); and 14 CFR commerce, I find that notice and public depiction of charts printed by 11.49(b)(2). publishers of aeronautical materials. procedure before adopting these SIAPs Thus, the advantages of incorporation are impracticable and contrary to the 2. Part 97 is amended to read as by reference are realized and public interest and, where applicable, follows: publication of the complete description that good cause exists for making these of each SIAP contained in FAA form SIAPs effective in less than 30 days. § 97.23, 97.25, 97.27, 97.29, 97.31, 97.33 and documents is unnecessary. The 97.35 [Amended] Conclusion provisions of this amendment state the By amending: § 97.23 VOR, VOR/ affected CFR (and FAR) sections, with The FAA has determined that this DME, VOR of TACAN, and VOR/DME the types and effective dates of the regulation only involves an established or TACAN; § 97.25 LOC, LOC/DME, SIAPs. This amendment also identifies body of technical regulations for which LDA, LDA/DME, SDF, SDF/DME; the airport, its location, the procedure frequent and routine amendments are § 97.27 NDB, NDB/DME; § 97.29 ILS, identification and the amendment necessary to keep them operationally ILS/DME, ISMLS, MLS, MLS/DME, number. current. It, therefore—(1) Is not a MLS/RNAV; § 97.31 RADAR SIAPs; ‘‘significant regulatory action’’ under The Rule § 97.33 RNAV SIAPs; and § 97.35 Executive Order 12866; (2) is not a COPTER SIAPs, Identified as follows: This amendment to part 97 of the ‘‘significant rule’’ under DOT Federal Aviation Regulations (14 CFR Regulatory Policies and Procedures (44 ** * Effective Upon Publication
FDC date State City Airport FDC No. SIAP
08/23/99 ...... MD Cumberland ...... Greater Cumberland Regional ...... 9/6272 LOC/DME Rwy 23 Amdt 5C... 08/23/99 ...... MD Westminster ...... Carroll County Regional/Jack B. 9/6265 VOR or GPS Rwy 34 Amdt 3... Poage Field. 08/23/99 ...... NJ Millville ...... Millville Muni ...... 9/6254 NDB or GPS Rwy 14 Amdt 5... 08/23/99 ...... NJ Toms River ...... Robert J. Miller Airpark ...... 9/6271 VOR or GPS Rwy 24 Amdt 3A... 08/23/99 ...... NJ Wildwood ...... Cape May County ...... 9/6257 VOR/DME RNAV or GPS Rwy 19 Amdt 6A... 08/24/99 ...... MI Iron Mountain/Kingsford .. Ford ...... 9/6295 ILS Rwy 1, Amdt 11... 10/10/99 ...... ND Fargo ...... Hector Intl ...... 9/8206 VOR/DME or TACAN or GPS Rwy 17 Orig±A... 10/10/99 ...... ND Fargo ...... Hector Intl ...... 9/8207 NDB Rwy 17 Amdt 14A... 10/10/99 ...... ND Fargo ...... Hector Intl ...... 9/8208 VOR or TACAN or GPS Rwy 35 Amdt 12...
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FDC date State City Airport FDC No. SIAP
10/10/99 ...... ND Fargo ...... Hector Intl ...... 9/8209 ILS Rwy 35 Amdt 32B... 10/10/99 ...... ND Fargo ...... Hector Intl ...... 9/8210 ILS Rwy 17 Amdt 4A... 10/13/99 ...... CA Livermore ...... Livermore Muni ...... 9/8034 ILS Rwy 25R Amdt 7... 10/13/99 ...... CA Oceanside ...... Oceanside Muni ...... 9/8028 VOR or GPS±A Amdt 3B... 10/13/99 ...... CA Oceanside ...... Oceanside Muni ...... 9/8029 GPS Rwy 6 Orig... 10/13/99 ...... CA Oceanside ...... Oceanside Muni ...... 9/8036 GPS Rwy 24 Orig... 10/13/99 ...... CA San Luis Obispo ...... San Luis Obispo CountyÐMcChesney 9/8033 VOR or TACAN or GPS±A Amdt Field. 6... 10/13/99 ...... ID Coeur D'Alene ...... Coeur D'Alene Air Terminal ...... 9/8050 VOR or GPS±A, Orig... 10/13/99 ...... ID Coeur D'Alene ...... Coeur D'Alene Air Terminal ...... 9/8051 NDB or GPS Rwy 5, Amdt 1... 10/13/99 ...... ID Coeur D'Alene ...... Coeur D'Alene Air Terminal ...... 9/8052 ILS Rwy 5, Amdt 4... 10/13/99 ...... ID Idaho Falls ...... Fanning Field ...... 9/8053 NDB Rwy 20, Amdt 10... 10/13/99 ...... ID Idaho Falls ...... Fanning Field ...... 9/8054 VOR or GPS Rwy 2, Amdt 6... 10/13/99 ...... ID Idaho Falls ...... Fanning Field ...... 9/8055 VOR or GPS Rwy 20, Amdt 9... 10/14/99 ...... ID Arco ...... Arco-Butte County ...... 9/8072 NDB±A, Orig... 10/14/99 ...... ID Idaho Falls ...... Fanning Field ...... 9/8097 LOC BC Rwy 2, Amdt 6... 10/14/99 ...... VA Charlottesville ...... Charlottesville-Albemarle ...... 9/8113 NDB Rwy 3 Amdt 15A... 10/15/99 ...... NC Ahoskie ...... Tri-County ...... 9/8126 NDB or GPS Rwy 1, Amdt 1C... 10/15/99 ...... NY Batavia ...... Genesee County ...... 9/8129 ILS Rwy 28, Amdt 4... 10/19/99 ...... AR Mountain Home ...... Baxter County Regional ...... 9/8225 GPS Rwy 23, Orig... 10/19/99 ...... AR Mountain Home ...... Baxter County Regional ...... 9/8227 GPS Rwy 5, Orig±A... 10/19/99 ...... AR Mountain Home ...... Baxter County Regional ...... 9/8228 VOR±A Amdt 9A... 10/19/99 ...... NE Albion ...... Albion Muni ...... 9/8229 NDB or GPS Rwy 32, Orig... 10/20/99 ...... MA New Bedford ...... New Bedford Regional ...... 9/8240 LOC BC Rwy 23 Amdt 11... 10/20/99 ...... MA Taunton ...... Taunton Muni ...... 9/8239 NDB or GPS Rwy 30 Amdt 4... 10/20/99 ...... MA McComb ...... McComb-Pike CountyÐJohn E. Lewis 9/8259 VOR//DME RNAV or GPS Rwy Field. 33, Amdt 6... 10/20/99 ...... NY Penn Yan ...... Penn Yan ...... 9/8238 NDB Rwy 28 Amdt 6... 10/20/99 ...... TN Rogersville ...... Hawkins County ...... 9/8250 GPS Rwy 7, Orig... 10/21/99 ...... NY Watertown ...... Watertown Intl ...... 9/8265 ILS Rwy 7 Amdt 6... 10/22/99 ...... ID Lewiston ...... Lewiston-Nez Perce County ...... 9/8317 ILS Rwy 26, Amdt 11... 10/22/99 ...... ID Lewiston ...... Lewiston-Nez Perce County ...... 9/8319 VOR or GPS Rwy 8, Amdt 5A... 10/22/99 ...... ID Lewiston ...... Lewiston-Nez Perce County ...... 9/8320 VOR or GPS Rwy 26, Amdt 12A... 10/22/99 ...... ME Sanford ...... Sanford Regional ...... 9/8290 NDB Rwy 7 Amdt 1... 10/22/99 ...... ME Sanford ...... Sanford Regional ...... 9/8291 VOR Rwy 25 Amdt 13B... 10/22/99 ...... ME Sanford ...... Sanford Regional ...... 9/8292 VOR or GPS Rwy 7 Amdt 3A... 10/22/99 ...... TN Memphis ...... Memphis Intl ...... 9/8328 NDB or GPS Rwy 9, Amdt 26... 10/22/99 ...... TN Nashville ...... Nashville Intl ...... 9/8295 ILS Rwy 20R, Amdt 7A... 10/22/99 ...... TN Nashville ...... Nashville Intl ...... 9/8296 ILS Rwy 20L, Amdt 4... 10/22/99 ...... TN Nashville ...... Nashville Intl ...... 9/8297 ILS Rwy 31, Amdt 7... 10/22/99 ...... TN Nashville ...... Nashville Intl ...... 9/8298 ILS Rwy 2C, Orig±B... 10/22/99 ...... TN Nashville ...... Nashville Intl ...... 9/8299 Radar±1, Amdt 22A... 10/22/99 ...... TN Nashville ...... Nashville Intl ...... 9/8300 ILS Rwy 2R, Amdt 5... 10/22/99 ...... TN Nashville ...... Nashville Intl ...... 9/8327 VOR/DME or GPS Rwy 13, Amdt 13... 10/25/99 ...... ID Twin Falls ...... Twin Falls/Joslin FieldÐMagic Valley 9/8367 VOR Rwy 25, Amdt 15... Regional. 10/25/99 ...... ID Twin Falls ...... Twin Falls/Joslin FieldÐMagic Valley 9/8369 ILS Rwy 25, Amdt 7... Regional. 10/25/99 ...... ID Twin Falls ...... Twin Falls/Joslin FieldÐMagic Valley 9/8370 NDB or GPS Rwy 25, Amdt 5... Regional. 10/25/99 ...... ID Twin Falls ...... Twin Falls/Joslin FieldÐMagic Valley 9/8372 VOR or GPS Rwy 7, Amdt 3... Regional. 10/25/99 ...... NC Salisbury ...... Rowan County ...... 9/8357 ILS Rwy 20, Orig... 10/25/99 ...... ND Fargo ...... Hector Intl ...... 9/8374 Radar±1 Amdt 10... 10/26/99 ...... AR Mountain Home ...... Baxter County Regional ...... 9/8404 VOR/DME RNAV Rwy 5, Amdt 1A... 10/26/99 ...... ID Sandpoint ...... Sandpoint ...... 9/8388 GPS±B, Orig... 10/26/99 ...... ID Twin Falls ...... Twin Falls/Joslin FieldÐMagic Valley 9/8380 VOR/DME Rwy 7, Orig... Regional.
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[FR Doc. 99–29311 Filed 11–8–99; 8:45 am] DEPARTMENT OF TRANSPORTATION on the waters of the East River, New BILLING CODE 4910±13±M York. The fireworks program is being Coast Guard sponsored by Sciame Construction. This regulation establishes a safety zone in CONSUMER PRODUCT SAFETY 33 CFR Part 165 all waters of the East River within a 180- COMMISSION [CGD01±99±181] yard radius of the fireworks barge in approximate position 40°42′08′′ N 16 CFR Part 1616 RIN 2115±AA97 074°00′06′′ W (NAD 1983), approximately 250 yards east of Pier 14, Final Rule; Standard for the Safety Zone: Sciame Construction Fireworks, East River, Manhattan, NY Manhattan, New York. The safety zone Flammability of Children's Sleepwear: is in effect from 6:30 p.m. until 8 p.m. Sizes 0 Through 6X; Standard for the AGENCY: Coast Guard, DOT. on Thursday, December 9, 1999. There Flammability of Children's Sleepwear: ACTION: Temporary final rule. is no rain date for this event. The safety Sizes 7 Through 14; Correction zone prevents vessels from transiting a SUMMARY: AGENCY: Consumer Product Safety The Coast Guard is portion of the East River and is needed Commission. establishing a temporary safety zone for to protect boaters from the hazards the Sciame Construction Fireworks associated with fireworks launched ACTION: Final rule; correction. Display located in the East River, New from a barge in the area. Recreational SUMMARY: This document makes minor York. This action is necessary to and commercial vessel traffic will be technical corrections to the final rule provide for the safety of life on able to transit through the eastern 100 published in the Federal Register of navigable waters during the event. This yards and the western 100 yards of the June 28, 1999 (64 FR 34533) regarding action is intended to restrict vessel 500-yard wide East River during the labeling of children’s sleepwear. These traffic in a portion of the East River. event. This safety zone precludes the are changes to the instructions to the DATES: This rule is effective from 6:30 waterway users from entering only the Federal Register and do not affect the p.m. until 8 p.m. on Thursday, safety zone itself. Public notifications substantive labeling requirement. The December 9, 1999. There is no rain date will be made prior to the event via the instructions stated to revise the for this event. Local Notice to Mariners and marine authority citations for parts 1615 and ADDRESSES: Documents as indicated in information broadcast. 1616. However, the authority citations this preamble are available for Regulatory Evaluation are under subpart A rather than the inspection or copying at Coast Guard entire part in each of those parts. This final rule is not a significant Activities New York, 212 Coast Guard regulatory action under section 3(f) of Amendatory Instruction 3, on page Drive, room 205, Staten Island, New 34538, amending § 1616.5 directed the Executive Order 12866 and does not York 10305, between 8 a.m. and 3 p.m., require an assessment of potential costs Federal Register to redesignate footnotes Monday through Friday, except Federal 2–6 as 3–7. However, previously there and benefits under section 6(a)(3) of that holidays. The telephone number is (718) Order. It has not been reviewed by the was no footnote 2. Therefore, there is no 354–4193. need to redesignate any footnotes. Office of Management and Budget under FOR FURTHER INFORMATION CONTACT: that Order. It is not significant under the DATES: Effective on June 28, 2000. Lieutenant J. Lopez, Waterways regulatory policies and procedures of FOR FURTHER INFORMATION CONTACT: Oversight Branch, Coast Guard the Department of Transportation (DOT) Patricia M. Pollitzer, Office of the Activities New York (718) 354–4193. (44 FR 11040; February 26, 1979). The General Counsel, Consumer Product SUPPLEMENTARY INFORMATION: Coast Guard expects the economic Safety Commission, Washington, DC impact of this final rule to be so Regulatory History 20207; telephone (301) 504–0980, minimal that a full Regulatory extension 2219. Pursuant to 5 U.S.C. 553, a notice of Evaluation under paragraph 10e of the Correction proposed rulemaking (NPRM) was not regulatory policies and procedures of published for this regulation. Good In final rule FR Doc. 99–16320, DOT is unnecessary. This finding is cause exists for not publishing an NPRM based on the minimal time that vessels beginning on page 34533 in the issue of due to the date the Application for June 28, 1999, make the following will be restricted from the zone, that Approval of Marine Event was received, vessels may still transit through the East corrections. there was insufficient time to draft and 1. On page 34535, in the third River during the event, and extensive publish an NPRM and still publish the column, correct amendatory instruction advance notifications which will be final rule with more than 30 days before 1 under part 1615 to read ‘‘The made. its effective date. Any delay authority citation for subpart A of part encountered in this regulation’s Small Entities 1615 is revised to read as follows:’’ Under the Regulatory Flexibility Act 2. On page 34536, in the first column, effective date would be contrary to (5 U.S.C. 601 et seq.), the Coast Guard correct amendatory instruction 1 under public interest since immediate action is considered whether this final rule will part 1616 to read ‘‘The authority citation needed to close the waterway and have a significant economic impact on for subpart A of part 1616 is revised to protect the maritime public from the a substantial number of small entities. read as follows:’’ hazards associated with this fireworks 3. On page 34538, in the first column, display. This event is only one and a ‘‘Small entities’’ include small remove instruction 3. half hours long and will have negligible businesses, not-for-profit organizations impact on vessel traffic in the area due that are independently owned and Dated: November 2, 1999. to the fact that vessels can travel to the operated and are not dominant in their Sadye E. Dunn, east and west of the safety zone. fields, and governmental jurisdictions Secretary, Consumer Product Safety with populations of less than 50,000. Commission. Background and Purpose For reasons discussed in the [FR Doc. 99–29226 Filed 11–8–99; 8:45 am] Bay Fireworks has submitted an Regulatory Evaluation above, the Coast BILLING CODE 6355±01±P application to hold a fireworks program Guard certifies under section 605(b) of
VerDate 29-OCT-99 09:11 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\A09NO0.017 pfrm03 PsN: 09NOR1 61022 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Rules and Regulations the Regulatory Flexibility Act (5 U.S.C. Authority: 33 U.S.C. 1231; 50 U.S.C. 191; bundled packages from the scope of the 601 et seq.) that this final rule will not 33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; 49 resale rule, by revising the scope of the have a significant economic impact on CFR 1.46. resale rule to exclude all C, D, E, and F a substantial number of small entities. 2. Add temporary § 165.T01–181 to block PCS licensees that do not own and read as follows: control and are not owned and Collection of Information controlled by cellular or A or B block This final rule does not provide for a § 165.T01±181 Safety Zone: Sciame licensees, and by exempting from the collection of information under the Construction Fireworks, East River, Manhattan, New York. rule all SMR and other Commercial Paperwork Reduction Act of 1995 (44 Mobile Radio Services (CMRS) U.S.C. 3501 et seq.). (a) Location. The following area is a providers that do not utilize in-network safety zone: All waters of the East River switching facilities. This document also Federalism within a 180-yard radius of the clarifies certain aspects of the resale fireworks barge in approximate position The Coast Guard has analyzed this ° ′ ′′ ° ′ ′′ rule, and denies a Petition for final rule under the principles and 40 42 08 N 074 00 06 W (NAD 1983), Reconsideration of the Commission’s criteria contained in Executive Order approximately 250 yards east of Pier 14, denial of a request for forbearance from 13132 and has determined that this final Manhattan, New York. the resale rule. The action is intended (b) Effective period. This section is rule does not have implications for to resolve issues raised in several effective from 6:30 p.m. until 8 p.m. on federalism under that Order. Petitions regarding the CMRS resale rule Thursday, December 9, 1999. There is and forbearance. Unfunded Mandates no rain date for this event. (c) Regulations. DATES: Effective January 10, 2000. Title II of the Unfunded Mandates (1) The general regulations contained FOR FURTHER INFORMATION CONTACT: Jane Reform Act of 1995 (UMRA) [Pub. L. in 33 CFR 165.23 apply. Phillips, 202–418–1310. 104–4, 109 Stat. 48] requires Federal (2) All persons and vessels shall SUPPLEMENTARY INFORMATION: This is a agencies to assess the effects of certain comply with the instructions of the summary of the Commission’s regulatory actions on State, local, and Coast Guard Captain of the Port or the Memorandum Opinion and Order on tribal governments, and the private designated on-scene-patrol personnel. Reconsideration (MO&O) in CC Docket sector. UMRA requires a written These personnel comprise No. 94–54, WT Docket No. 98–100, and statement of economic and regulatory commissioned, warrant, and petty GN Docket No. 94–33; FCC 99–250, alternatives for rules that contain officers of the Coast Guard. adopted September 15, 1999, and Federal mandates. A Federal mandate is Upon being hailed by a U.S. Coast released September 27, 1999. The a new or additional enforceable duty Guard vessel by siren, radio, flashing complete text of this MO&O is available imposed on any State, local, or tribal light, or other means, the operator of a for inspection and copying during government, or the private sector. If any vessel shall proceed as directed. normal business hours in the FCC Federal mandate causes those entities to Reference Information Center, Courtyard spend, in the aggregate, $100 million or Dated: November 2, 1999. Level, 445 12th Street, S.W., more in any one year, the UMRA R.E. Bennis, Washington, DC, and also may be analysis is required. This final rule does Captain, U.S. Coast Guard Captain of the purchased from the Commission’s copy not impose Federal mandates on any Port, New York. contractor, International Transcription State, local, or tribal governments, or the [FR Doc. 99–29309 Filed 11–8–99; 8:45 am] Services (ITS, Inc.), CY–B400, 445 12th private sector. BILLING CODE 4910±15±U Street, S.W., Washington, DC. Environment Synopsis of the MO&O The Coast Guard considered the FEDERAL COMMUNICATIONS 1. The First Report and Order in this environmental impact of this final rule COMMISSION proceeding (61 FR 38399, July 24, 1996) and concluded that under figure 2–1, 47 CFR Part 20 promulgated a rule prohibiting certain paragraph 34(g), of Commandant CMRS providers from restricting the Instruction M16475.1C, this final rule is [CC Docket No. 94±54, WT Docket No. 98± resale of their services during a categorically excluded from further 100, GN Docket No. 94±33; FCC 99±250] transitional period. This resale rule, environmental documentation. A which previously had applied only to Interconnection and Resale ‘‘Categorical Exclusion Determination’’ cellular providers, was extended to PCS Obligations in the Commercial Mobile is available in the docket for inspection and certain specialized mobile radio Radio Services and Forbearance or copying where indicated under (covered SMR) services. The First ADDRESSES. Issues Report and Order (First R&O) sunset this List of Subjects in 33 CFR Part 165 AGENCY: Federal Communications resale rule five years after the date of the award of the last group of initial Harbors, Marine safety, Navigation Commission. licenses for broadband PCS, which the (water), Reporting and recordkeeping ACTION: Final rule; reconsideration. Commission subsequently determined requirements, Security measures, SUMMARY: This document generally to be November 25, 1997. (See Public Waterways. affirms the Commission’s earlier Notice of July 2, 1998, in CC Docket No. Regulation decision in this proceeding to extend 94–54, 13 FCC Rcd 17427, 1998.) the cellular resale rule to include certain Accordingly, the resale rule is currently For the reasons discussed in the broadband personal communications set to expire at the close of November preamble, the Coast Guard amends 33 service (PCS) and specialized mobile 24, 2002. CFR part 165 as follows: radio providers and to sunset the rule as 2. This Memorandum Opinion and PART 165Ð[AMENDED] of November 24, 2002. However, this Order on Reconsideration (MO&O) document modifies the previous generally affirms the Commission’s 1. The authority citation for Part 165 decision by removing customer decisions in the First R&O to extend the continues to read as follows: premises equipment (CPE) and CPE in cellular resale rule to include certain
VerDate 29-OCT-99 09:11 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\A09NO0.030 pfrm03 PsN: 09NOR1 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Rules and Regulations 61023 broadband PCS service and SMR period. Some petitioners argue that the through negotiation. In those instances providers, and to sunset the rule as of Commission should refrain from where the parties cannot reach November 24, 2002. However, the sunsetting the rule at the end of the five agreement or where negotiation does not MO&O modifies the initial decision in year period because the market for appear to be a viable approach, the three key respects. First, the MO&O cellular and substitute services is not Commission will expedite the removes customer premises equipment fully competitive and will remain at this complaint proceeding, to the fullest (CPE) and CPE in bundled packages level for the foreseeable future. The extent possible, in order to ascertain from the scope of the resale rule. MO&O finds that such petitioners fail to whether the carrier in question is acting Second, the MO&O revises the scope of present any new facts or arguments to in derogation of the resale rule the resale rule to exclude all C, D, E, and persuade the Commission that the requirement. In cases in which the F block PCS licensees that do not own decision to sunset the resale rule should Commission determines that a violation and control and are not owned and be revised in any way. Others contend of the rule has occurred, it intends to controlled by cellular or A or B block that the sunset for cellular providers impose rigorous enforcement measures, PCS licenses. Third, the MO&O exempts was promulgated without sufficient including, in appropriate cases, the from the rule all SMR and other notice because the Commission failed to revocation of licenses and the Commercial Mobile Radio Service indicate in the First Notice of Proposed imposition of forfeiture penalties. (CMRS) providers that do not utilize in- Rulemaking (59 FR 35664, July 13, 7. The MO&O also considers petitions network switching facilities. In 1994) or the Second Notice of Proposed requesting that the Commission reverse addition, the MO&O clarifies certain Rulemaking (60 FR 20949, April 28, the decision in the First R&O that the other aspects of the resale rule. Finally, 1999) that it was considering the resale rule applies to bundled packages the MO&O denies a Petition for adoption of a sunset provision for the of services such as CPE of enhanced Reconsideration of the Commission’s cellular resale requirement. The MO&O services. The Commission finds the denial of a request for forbearance from rejects this position, concluding that petitioners’ argument that the the resale rule filed by the Broadband any suggestion that the sunset provision Commission provided no notice to Personal Communications Services was promulgated without sufficient parties that the resale requirement might Alliance of the Personal notice in the Second Notice of Proposed be extended to bundled packages but Communications Industry Association Rulemaking is without merit. Other has eliminated CPE and CPE in bundled (PCIA), pursuant to section 10(a) of the parties oppose the sunset provision packages from the scope of the resale Communications Act (Act). (See 47 claiming that any restriction on resale rule. The MO&O retains the rule, U.S.C. 160(a)(1)–(3). violates sections 201(b) and 202(a) of however, for bundled packages that 3. The MO&O denies a request by the Communications Act, unless the include enhanced services, because, at several petitioners that the Commission restricting party proves that resale least as CMRS enhanced services are reconsider its decision in the First R&O would cause public harm. The MO&O presently provided, neither subscribers to extend the resale rule to broadband disagrees with this interpretation, nor resellers can purchase the service PCS and covered SMR providers. The finding that those who support this component of the bundle from one Commission finds that no new argument have misconstrued the provider and the enhanced service arguments have been presented and that obligations imposed by sections 201(b) component of the bundle from another circumstances have not changed since and 202(a) and that the statutory provider. the adoption of the First R&O in a way arguments are thus without merit. 8. The MO&O next modifies the scope that would warrant elimination of the 5. Although the MO&O maintains the of the resale rule. The First R&O resale rule prior to the sunset date. The sunset of the resale rule, the concluded that the benefits of the Commission continues to believe that, Commission’s decision should not be mandatory CMRS resale rule will as a general matter, the benefits of the construed as a lack of commitment to continue to exceed its costs so long as resale rule outweigh its costs during this ensuring compliance with the resale mobile voice and data markets are not transitional period as the marketplace obligation during the period in which it yet fully competitive. The MO&O relies becomes more competitive. These is force. On the contrary, the on this cost/benefit methodology to public interest benefits include: (1) Commission intends to take effective revise tune the scope of the resale rule Encouraging competitive pricing; (2) and expeditious action against any by eliminating from its coverage those discouraging unjust, unreasonable, and carrier that fails to comply with its providers or services for which analysis unreasonably discriminatory carrier obligations under the resale rule. suggests that the rule is unnecessary. practices; (3) reducing the need for 6. The Commission recognizes that, in 9. First, a review of the record detailed regulatory intervention and the addition to simple refusals to offer convinces the Commission that the administrative expenditures and resale agreements, violations of the benefits that might accrue as a result of potential for market distortions that may resale requirements may take a variety imposing resale obligations on C, D, E, accompany such intervention; (4) of forms, including a carrier’s and F block broadband PCS licensees promoting innovation and the efficient unreasonable refusal to offer resellers are outweighed, at this time, by the deployment and use of the same bundled packages of airtime burdens such obligations impose on telecommunications facilities; (5) and enhanced services or the same these carriers. In contrast to more improving carrier management and volume discounts that the carrier offers established firms, no significant benefits marketing; (6) generating increased to its retailers. Thus, the Commission accrue from subjecting smaller, new research and development; and (7) intends to look closely at allegations of entrant competitors with limited affecting positively the growth of the unreasonable restrictions on resale and network infrastructure and minimal market for telecommunications services. to resolve expeditiously complaints market share to the requirements of the Therefore, the MO&O retains the rule about whether the challenged restriction resale rule. The MO&O concludes that with certain modifications and on resale is reasonable. The Commission the A and B-block licensees are the clarifications. intends to initiate a stepped up more likely of the broadband PCS block 4. The MO&O also affirms the mediation program under which it will licensees to have capacity to resell, Commission’s decision to terminate the first attempt to resolve any formal or whereas the C, D, E, and F block resale rule at the end of the sunset informal complaints filed by a reseller licensees have the greater need to
VerDate 29-OCT-99 09:11 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\A09NO0.018 pfrm03 PsN: 09NOR1 61024 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Rules and Regulations purchase capacity for resale, due to their be treated consistently with SMR why a reseller of such a package would relative underdevelopment. The providers to the extent they do not place any greater or more unpredictable Commission thus believes that there are utilize an in-network switching facility demands upon Nextel’s system than benefits from subjecting A and B block or do not meet other elements of the Nextel itself does, in offering this licensees to the resale rule and to Commission’s coverage test. As in the service to its own retail customers. exempting licensees in the C, D, E, and contexts of number portability and Under these circumstances, the F blocks, whose minimal development E911, the Commission has extended its Commission finds unconvincing and incentive to restrict resale suggest modified ‘‘covered SMR’’ definition to Nextel’s arguments against permitting a that a resale requirement for them providers of similar service over cellular reseller to purchase Nextel’s Direct would be of limited, if any, utility. The and broadband PCS spectrum as well. Connect service package for resale, or Commission recognizes that many 12. Third, the MO&O reviews other permitting a reseller to acquire the cellular and A and B block licensees proposed exemptions for SMR. The billing data and other information also own licenses in the C, D, E, and F MO&O rejects the alternative proposal necessary for traditional resale. blocks. Therefore, the MO&O excludes that the resale rule exclude providers or 14. The MO&O also looks at proposed from the coverage of the resale rule only systems that serve fewer than a amendments to the resale rule. The those C, D, E, and F block PCS licensees particular number of mobile of mobile MO&O first considers arguments that that do not own and control and are not units. The Commission believes that a the resale rule should be amended to owned and controlled by firms also definition based solely on the size of a clarify that only ‘‘unreasonable’’ holding cellular, A or B block licenses. system without regard for the types of restrictions on resale are prohibited. The 10. Second, the MO&O considers services provided would be arbitrary MO&O agrees with those who ask that exclusion for certain SMR providers. and incompatible with its policy the Commission clarify the resale rule to The First R&O limited the scope of the objectives. Instead, the Commission make the text of the rule consistent with resale rule to SMR providers in the 800– seeks to develop a definition that covers existing Commission policy. This 900 MHz bands that hold geographic providers based on the functional nature change in rule would clarify that the area licenses and offer real-time, two- of the service they provide. reasonableness standard continues to way switched voice service that is 13. The MO&O also rejects the apply in the resale context. Accordingly, interconnected with the public switched contention of Nextel Communications the MO&O amends the rule to prohibit network (PSTN) and to Incumbent Wide Inc. (Nextel) that all SMR providers only unreasonable restrictions on resale. Area SMR licensees that provide such should be excluded from the However, the Commission does not services. On reconsideration, the requirements of the resale rule. Nextel deem it advisable to delineate in the Commission now concludes that its argues that capacity restraints on SMR rule itself what bases it might consider objective with respect to SMR is best spectrum mandate continuing technical reasonable for denying resale. The achieved by limiting the resale rule to control over SMR systems and end MO&O also clarifies, but cannot and reach only those SMR providers that users.that cannot accommodate the does not resolve definitively for each offer real-time two-way switched service disjunction between the system operator carrier, the issue of billing tapes. To the that is interconnected with PSTN and the end user that middlemen like extent that electronic billing tapes are utilizing an in-network switching resellers create, without significant costs available, or could be made available facility that enables the provider to to system integrity. Nextel also argues without significant alterations to a reuse frequencies and accomplish that its spectrum is highly encumbered carrier’s billing systems, the seamless hand-off of subscriber calls. In and that the relocation is just beginning, Commission would expect that a carrier so doing, the Commission abandons its and that an SMR provider must would provide access to them for a previous criterion, which was based on integrate the use of this type of reseller as part of its responsibilities a carrier’s license authority, in favor of spectrum with that allocated on a site- under the resale rule, and the a technical and operational criterion, specific-basis, as well as integrating its Commission would likely find it a i.e., in-network switching capacity, analog services with its digital offerings. violation of the resale rule should the which more closely parallels the The Commission finds that these carrier fail to do so. On the other hand, Commission’s intention to cover only arguments have already been made and carriers are not required to undertake those SMR carriers that compete rejected in this proceeding and there is major alterations to their billing systems directly with providers of cellular no new compelling evidence to change to accommodate reseller requests. service and broadband PCS. The the Commission’s earlier position. In 15. The MO&O rejects a proposed Commission agrees with those general, the Commission finds that the amendment to the resale rule that would petitioners who maintain that the problem of transitioning from analog to clarify that resale restrictions based on definition of ‘‘covered SMR’’ adopted in digital service is not unique to SMR, limited capacity are reasonable and are the First R&O is overinclusive with and that, as indicated in the First R&O, therefore permitted under the rule. As respect to certain types of SMR systems. it is unclear how SMR providers would an initial matter, the MO&O notes that The Commission does not believe that it lose control over their daily operations the First R&O indicated clearly that no serves the public interest to extend the if their services were purchased by provider is required to add capacity in explicit rule against unreasonable resale parties intending to resell the services order to accommodate a reseller. The restrictions to carriers offering only rather than being purchased by end Commission does add, however, that geographically or functionally limited users. In particular the Commission virtually all CMRS carriers are adding services, such as dispatch, that are notes that Nextel is rapidly moving capacity to their systems in one form or unlikely to be attractive to resellers in away from traditional dispatch service another, as this is a rapidly growing any event. with the introduction of its four- market, and, in that sense, all could 11. Although there may be limited function Direct Connect service claim to be facing capacity restraints to practical significance to extending the package. While the coverage and usage a certain degree. Obviously, a exclusion for SMR systems lacking in- demands placed on the system by this generalized assertion of capacity network switching capacity to cellular package are potentially greater than limitations, where capacity is actively and broadband providers, the traditional dispatch, it is not clear, and being brought on line and service is Commission concludes that they should Nextel does not adequately explain, being aggressively marketed to retail
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As required by the Regulatory determination as to what capacity reseller’s demands, but only to allow a Flexibility Act, 5 U.S.C. 604 (RFA),2 a limitations or evidence thereof might reseller to purchase, at non- Final Regulatory Flexibility Analysis constitute reasonable grounds to restrict discriminatory prices, those services (FRFA) was incorporated into the First resale. that the carrier is offering to its own Report and Order issued in this 16. AT&T Corporation (AT&T) seeks retail customers. The MO&O concludes proceeding. The Commission’s an exemption from the resale rule for that were the Commission to allow Supplemental Final Regulatory data services providers using cellular or carriers to restrict resale of services that Flexibility Analysis (Supplemental broadband PCS spectrum. It points out include proprietary technologies before FRFA) in this Memorandum Opinion that such services are presently subject sufficient competition develops, the and Order on Reconsideration and to the resale rule, whereas data service exception could severely restrict the Order Denying Petition for Forbearance offered by SMR providers are exempt, opportunities for resale. The MO&O (Order on Reconsideration) contains that such disparate treatment is reiterates the position taken in the information additional to that contained inequitable and that a comparable Forbearance Memorandum Opinion and in the FRFA and is limited to matters exemption should be created for data Order (Forbearance M&O) (63 FR 43033, raised on reconsideration with regard to services provided by cellular and PCS August 11, 1998) that ‘‘the obligation to the First Report and Order and carriers. Upon reconsideration, the permit resale [does not] significantly addressed in this Order on Commission reiterates its position in the discourage facilities-based carriers from Reconsideration. This Supplemental First R&O that it would be imprudent to innovating in a market that has not FRFA conforms to the RFA. distinguish between data services and achieved sufficient competition.’’ other services offered using CMRS 20. The MO&O considers a Petition I. Need for and Purpose of This Action spectrum and extends the rule to cover for Reconsideration of the Forbearance 23. By resolving the pending petitions SMR as well as another CMRS data MO&O, filed by the Personal for reconsideration or clarification of the services. The MO&O also dismisses Communications Industry Association First Report and Order, the actions arguments that the resale rule should (PCIA). PCIA maintains that the resale taken in this Order on Reconsideration not be applied to data services because rule should be sunset immediately for will affirm and clarify the Commission’s the data services market is nascent and all CMRS providers. PCIA contends that CMRS resale policy, which is intended no carrier has a competitive advantage. forbearance from the CMRS resale rule to help bring the benefits of competition 17. With respect to SMR services, the is consistent with the three prongs of to the market for these services while Commission now concludes that the forbearance test, and that the record the market is in transition to a fully excluding data services from the resale does not contain the evidentiary support competitive state. In addition, the rule would likely create enforcement required by the Administrative problems because it can be difficult to Commission’s resale policy is intended Procedure Act (APA) to sustain the to help promote competition by determine, as an enforcement matter, Commission’s conclusions concerning whether a carrier is offering voice or allowing new entrants to enter the the costs and benefits of imposing a marketplace quickly by reselling their data services over digital transmission resale rule or its determination to deny facilities. Thus, the Commission extends competitors’ services during the time PCIA’s request for forbearance from the needed to construct their own facilities. the resale rule to data services offered rule.1 using SMR spectrum to the same extent 21. The MO&O dismisses PCIA’s II. Summary of Significant Issues Raised that it applies to voice services. The request, finding that the present by the Public in Response to the Final MO&O determines to apply the resale approach provides a necessary degree of Regulatory Flexibility Analysis rule to providers of real-time, two-way flexibility for disposing of market- 24. No petitions for reconsideration switched data service that is specific forbearance requests, both with interconnected with the PSTN and that were filed in direct response to the respect to the parameters of the market FRFA. In petitions for reconsideration is offered over cellular, broadband PCS, and the criteria indicative of adequate or SMR spectrum utilizing an in- or clarification, however, and in competition. It would be difficult to responsive pleadings, as well, some network switching facility. establish a meaningful bright-line test to 18. The MO&O dismisses a request issues were raised that might affect be applied across the board in all small entities. Specifically, some that the Commission clarify that the forbearance proceedings. Furthermore, resale rule does not require unrestricted commenters argued that the term the near-term sunset of the rule provides covered SMR should be limited to resale of services that include an additional reason to retain the proprietary technologies and products. systems that have an in-network present market-by-market approach to switching facility or that serve at least Supporters of such a clarification forbearance requests respecting resale. maintain that a resale requirement a minimum number of mobile units, e.g., at least 100,000 mobile units that would reduce the incentive for carriers 1 Section 10 of the Communications Act (47 to innovate by diminishing the U.S.c. 160) requires forbearance if the Commission provide real-time, two-way competitive advantages yielded by their determines that (1) enforcement of such regulation interconnected voice services or that investment. Absent a more focused or provision is not necessary to ensure that the serve at least 20,000 or more subscribers charges, practices, classifications, or regulations by, nationwide. showing on this issue, the Commission for, or in connection with that telecommunications declines to adopt a general ‘‘proprietary carrier or telecommunications service are just and technology’’ exception to the resale rule, reasonable are not unjustly or unreasonably 2 See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et which would likely prove difficult, and discriminatory; (2) enforcement of such regulation seq., has been amended by the Contract With or provision is not necessary for the protection of American Advancement Act of 1996, Public Law. unnecessarily burdensome to administer consumers; and (3) forbearance from applying such 104–121, 11 Stat. 847 (1996) (CWAA). Title II of during the remaining three-year life of provision or regulation is consistent with the public CWAA is the Small Business Regulatory the rule. interest. Enforcement Fairness act of 1996 (SBREFA).
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25. Several other commenters offer real-time, two-way voice or data that none of these licensees was covered contended, however, that the number of service that is interconnected with the by the previous rule but that all of them units served bears no necessary relation public switched network, provided they intend to offer real-time, two-way to the purposes of limiting SMR use an in-network switching facility. PSTN-interconnected voice or data coverage and that coverage should be 28. Sixty winning bidders for service utilizing an in-network determined based on services that geographic area licenses in the 900 MHz switching facility. Therefore, we compete with SMR providers. Other SMR band qualified as small business conclude that the number of SMR commenters contended that SMR under the $15 million size standard. We licensees operating in the 800 MHz and systems should be subject to the same conclude that the number of 900 MHz 900 MHz bands under extended rules as cellular and broadband PCS in SMR geographic area licensees affected implementation authorizations that may order to preserve regulatory parity in the by this rule modification is at least 60. be affected by this rule modification is CMRS market, and that, if small SMR 29. Ten winning bidders for up to 6800. systems are excluded from the rule, geographic area licenses for the upper 32. Cellular Licensees. Neither the small cellular and broadband PCS 200 channels in the 800 MHz SMR band Commission nor the SBA has developed systems should also be excluded. qualified as small businesses under the a definition of small entities applicable $15 million size standard. It is not to cellular licensees. Therefore, the III. Description and Estimates of the possible to determine which of these applicable definition of a small entity is Number of Entities Affected by This licensees were not covered by the the definition under the SBA rules Order on Reconsideration previous rule but intend to offer real- applicable to radiotelephone (wireless) 26. The RFA directs agencies to time, two-way PSTN-interconnected companies. This provides that a small provide a description of and, where voice or data service utilizing an in- entity is a radiotelephone company feasible, an estimate of, the number of network switching facility. Therefore, employing no more than 1,500 persons. small entities that may be affected by we conclude that the number of 800 According to the Bureau of the Census, the proposed rules, if adopted. (See 5 MHz SMR geographic area licensees for only twelve radiotelephone firms from a U.S.C. 603(b)(3). The RFA generally the upper 200 channels affected by this total of 1,178 such firms which operated defines the term ‘‘small entity’’ as rule modification is at least ten. during 1992 had 1,000 or more having the same meaning as the term 30. The Commission has determined employees. Therefore, even if all twelve ‘‘small business.’’ (See 5 U.S.C. 601(6). that 3325 geographic area licenses will of these firms were cellular telephone In addition, the term ‘‘small business’’ be awarded in the 800 MHz SMR companies, nearly all cellular carriers has the same meaning as the term auction for the lower 230 channels. were small businesses under the SBA’s ‘‘small business concern’’ under the Because the auction of these licenses definition. In addition, we note that Small Business Act.3 A small business has not yet been conducted, there is no there are 1,758 cellular licenses; concern is one which: (1) is basis to estimate how many winning however, a cellular licensee may own independently owned and operated; (2) bidders will qualify as small businesses several licenses. In addition, according is not dominant in its field of operation; under the Commission’s $15 million to the most recent Trends in Telephone and (3) satisfies any additional criteria size standard. Nor is it possible to Service data, 732 carriers reported that established by the Small Business determine which of these licensees they were engaged in the provision of Administration (SBA). (Small Business would not have been covered by the either cellular service or Personal Act, 15 U.S.C. 632 (1996). previous rule but will offer real-time, Communications Service (PCS) services, 27. SMR Licensees. The Commission two-way PSTN-interconnected voice or which are placed together in the data. has defined ‘‘small business’’ for data service utilizing an in-network We do not have data specifying the purposes of auctioning 900 MHz SMR switching facility. Therefore, we number of these carriers that are not licenses, 800 MHz SMR licenses for the conclude that the number of 800 MHz independently owned and operated or upper 200 channels, and 800 MHz SMR SMR geographic area licensees for the have more than 1,500 employees, and licenses for the lower 230 channels as lower 230 channels that may ultimately thus are unable at this time to estimate a firm that has had average annual gross be affected by this rule modification is with greater precision the number of revenues of $15 million or less in the at least 3325. cellular service carriers that would three preceding calendar years. This 31. With respect to licensees qualify as small business concerns small business size standard for the 800 operating under extended under the SBA’s definition. MHz and 900 MHz auctions has been implementation authorizations, Consequently, we estimate that there are approved by the SBA. The rule approximately 6800 such firms provide fewer than 732 small cellular service amendment adopted in this Order on 800 MHz or 900 MHz SMR service. carriers that may be affected by the Reconsideration affects geographic and However, we do not know how many of policies adopted in this Order on wide area SMR providers that were not these were not covered by the previous Reconsideration. previously subject to the resale rule rule but intend to offer real-time, two- 33. Broadband Personal because they do not offer real-time, two- way PSTN-interconnected voice or data Communications Service (PCS). The way PSTN-interconnected voice service. service utilizing an in-network broadband PCS spectrum is divided into Such SMR providers will now be switching facility or which of this six frequency blocks designated A subject to the CMRS resale rule if they subset qualify as small businesses under through F, and the Commission has held the $15 million size standard. We auctions for each block. The 3 U.S.C. 601(3) (incorporating by reference the assumed, for purposes of the FRFA, and Commission defined ‘‘small entity’’ for definition of ‘‘small business concern’’ in 15 U.S.C. continue to assume for purposes of this Blocks C and F as an entity that has 632). Pursuant to the RFA, the statutory definition of a small business applies ‘‘unless an agency, after Supplemental FRFA, that all of the average gross revenues of less than $40 consultation with the Office of Advocacy of the remaining existing authorizations are million in the three previous calendar Small Business Administration and after held by licensees qualifying as small years. For Block F, an additional opportunity for public comment, establishes one or businesses under the $15 million size classification for ‘‘very small business’’ more definitions of such term which are appropriate to the activities of the agency and standard. Of these, we assume, for was added and is defined as an entity publishes such definition(s) in the Federal purposes of our evaluations and that, together with its affiliates, has Register.’’ 5 U.S.C. 601(3). conclusions in this Supplemental FRFA, average gross revenues of not more than
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$15 million for the preceding three would have been inconsistent with the Resellers Association, Connecticut calendar years. No small businesses Commission’s determination that only Telephone and Communications within the SBA-approved definition bid SMR providers that compete directly Systems, Inc. the National Wireless successfully for licenses in Blocks A with cellular and broadband PCS should Resellers Association, and Small and B. There were 90 winning bidders be subject to the resale rule, because an Business in Telecommunications, Inc. that qualified as small entities in the important indicator of a provider’s are denied. Block C auctions. A total of 93 small ability to compete with traditional 43. Additionally, the Petition for and very small business bidders won cellular and broadband PCS providers is Reconsideration filed by the Personal approximately 40 percent of the 1,479 whether the provider’s system has ‘‘in- Communications Industry Association licenses for Blocks D, E, and F. Based network’’ switching capability. pertaining to WT Docket No. 98–100 on this information, we conclude that 37. In-adopting a network switching and GN Docket No. 94–33 is granted to the number of small broadband PCS criterion, the Commission has rejected a the extent indicated and otherwise is licensees will total 183 small entity PCS definition of SMR covered services that denied. providers as defined by the SBA and the would exempt SMR providers based on 44. Finally, the Commission’s Office Commission’s auction rules. their particular number of mobile units of Public Affairs, Reference Operations or on capacity. Defining the term IV. Description of Projected Reporting, Division, shall send a copy of this Order covered SMR in terms of its number of Recordkeeping, and Other Compliance on Reconsideration, including the subscribers or its capacity could exempt Requirements Supplemental Final Regulatory from the resale requirement services Flexibility Analysis, to the Chief 34. Neither the rule adopted in the that compete in markets where First Report and Order nor the rule Counsel for Advocacy of the Small competitive conditions do not yet Business Administration. modifications adopted in the Order on sufficiently protect against unreasonable Reconsideration impose a reporting or restrictions on resale. As we observed in List of Subjects in 47 CFR Part 20 recordkeeping requirement. The resale the FRFA, our decision to extend the Communications common carriers. rule does, however, operate as a resale rule will not require any carrier negative prohibition forbidding to expand its capacity or to change its Federal Communications Commission. restrictions on the resale of covered system in order to accommodate the Magalie Roman Salas, services. The only compliance costs desires of resellers. Secretary. likely to be incurred, as a result, are administrative costs to ensure that an VI. Report to Congress Rule Changes entity’s practices are in compliance with 38. The Commission will send a copy Part 20 of Title 47 of the Code of the rule. of this Order on Reconsideration, Federal Regulations is amended as V. Steps Taken To Minimize Significant including a copy of this Supplemental follows: Economic Impact on Small Entities, and Final Regulatory Flexibility Analysis, in PART 20ÐCOMMERCIAL MOBILE Significant Alternatives Considered a report to be sent to Congress pursuant to the Small Business Regulatory RADIO SERVICE 35. It is important to note, in the first Enforcement Fairness Act of 1996, see 5 instance, that the imposition of a resale U.S.C. 801(a)(1)(A). In addition, the 1. The authority citation for Part 20 requirement confers substantial benefits Order on Reconsideration and this continues to read as follows: on small entities, because a substantial Supplemental FRFA will be sent to the Authority: 47 U.S.C. 154, 160, 251–254, number of those wireless resellers it is Chief Counsel for Advocacy of the Small 303, and 332, unless otherwise noted. designed to protect are small. Moreover, Business Administration. Finally, the the exemption from its requirements for 2. Section 20.12 is revised to read as Order on Reconsideration and follows: certain C, D, E and F block licensees Supplemental FRFA (or summaries also benefits smaller entities because it thereof) will be published in the Federal § 20.12 Resale and roaming. exempts from the obligations of the Register. See 5 U.S.C. 604(b). resale rule, smaller, new entrant (a) Scope of section. This section is competitors that have little market share Ordering Clauses applicable as follows: (1) Scope of resale requirement. and little or no incentive to restrict 39. Accordingly, the rule amendments Paragraph (b) of this section, concerning resale unreasonably. and clarifications are adopted and shall resale, is applicable to the following, if 36. The Commission has also reduced be effective January 10, 2000. the potential impact of the resale rule on 40. Further, the Petitions for such providers offer real-time, two-way small entities by continuing to exclude Reconsideration filed by AT&T Corp., switched voice or data service that is from its requirements those entities that the Personal Communications Industry interconnected with the public switched have, traditionally, constituted the Association, the American Mobile network and utilizes an in-network smallest of the SMR licensees, i.e., those Telecommunications Association, and switching facility that enables the licensees that do not provide services on Nextel Communications, Inc. in CC provider to reuse frequencies and an interconnected basis. In the Order on Docket 94–54 are granted to the extent accomplish seamless hand-offs of Reconsideration, the Commission has indicated herein and otherwise are subscriber calls: adopted an alternative definition of denied. (i) Providers of Broadband Personal covered SMR that includes only those 41. The Petition for Reconsideration Communications Services (part 24, systems that have an in-network or Clarification filed by Small Business subpart E of this chapter), except those switching facility. This exception to in Telecommunications, Inc. in CC C, D, E, and F block PCS licensees that coverage addresses the concerns of SMR Docket No. 94–54 is accepted to the do not own and control and are not providers that primarily offer traditional extent such Petition seeks clarification, owned and controlled by firms also dispatch services but whose offer of and otherwise is rejected as a late-filed holding cellular, A or B block licenses; limited interconnection capability might Petition for Reconsideration. (ii) Providers of Cellular Radio otherwise subject them to the resale rule 42. The Petitions for Reconsideration Telephone Service (part 22, subpart H of as previously drafted. Such a result or Clarification filed by the Cellular this chapter); and
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(iii) Providers of Specialized Mobile ACTION: Final rule. List of Subjects in 48 CFR Parts 204, Radio Services (part 90, subparts of this 209, 225, 242, and 247 chapter). SUMMARY: The Director of Defense Government procurement. (2) Scope of Roaming Requirement. Procurement has issued a final rule Michele P. Peterson, Paragraph (c) of this section, concerning amending the Defense Federal roaming, is applicable only to providers Executive Editor, Defense Acquisition Acquisition Regulation Supplement Regulations Council. of Broadband Personal Communications (DFARS) to update policy pertaining to Therefore, 48 CFR parts 204, 209, 225, Services (part 24, subpart E of this DoD contract administration and audit 242, and 247 are amended as follows: chapter), providers of Cellular Radio services. The rule updates references to 1. The authority citation for 48 CFR Telephone Service (part 22, subpart H of DoD publications, and reorganizes this chapter), providers of Specialized parts 204, 209, 225, 242, and 247 DFARS test for consistency with the Mobile Radio Services in the 800 MHz continues to read as follows: organization of Federal Acquisition and 900 MHz bands that hold Authority: 41 U.S.C. 421 and 48 CFR Regulation (FAR) text pertaining to geographic licenses and offer real-time, Chapter 1. two-way voice service that is contract administration. PART 204ÐADMINISTRATIVE interconnected with the public switched EFFECTIVE DATE: November 9, 1999. network (included in part 90, subpart S MATTERS FOR FURTHER INFORMATION CONTACT: Mr. of this chapter) and Incumbent Wide 2. Section 204.202 is amended by Area SMR Licensees. Rick Layser, Defense Acquisition Regulations Council, PDUSD revising paragraph (1)(iv) to read as (b) Resale. The resale requirement is follows: applicable as follows: (AT&L)DP(DAR), IMD 3D139, 3062 (1) Each carrier identified in Defense Pentagon, Washington, DC 204.202 Agency distribution requirements. paragraph (a)(1) of this section shall not 20301–3062. Telephone (703) 602–0293; (1) * * * restrict the resale of its services, telefax (703) 602–0350. Please cite (iv) One copy to the contract including enhanced services, unless the DFARS Case 98–D003. administration office (CAO) automatic carrier demonstrates that the restriction SUPPLEMENTARY INFORMATION: data processing point, except when the is reasonable. DoDAAD code is the same as that of (2) The resale requirement shall not A. Background either the CAO or the payment office apply to customer premises equipment, (see the Federal Directory of Contract This final rule amends the DFARS to whether or not it is bundled with Administration Services Components); update policy pertaining to DoD services subject to the resale and contract administration and audit requirement in this paragraph. * * * * * (3) This paragraph shall cease to be services. The rule updates references in effective five years after the last group the DFARS text and reorganizes 204.7102 [Amended] of initial licenses for broadband PCS portions of DFARS Part 242 for 3. Section 204.7102 is amended in spectrum in the 1850–1910 and the consistency with the organization of paragraph (b)(1) by removing the 1930–1990 MHz bands is awarded; i.e., FAR Part 42. The rule also adds text at abbreviation ‘‘DoD’’ and adding in its at the close of November 24, 2002. DFARS 242.302(a)(13) to clarify that the place the word ‘‘Federal’’; and in (c) Roaming. Each licensee identified Defense Contract Management paragraph (b)(3) by removing the words in paragraph (a)(2) of this section must Command is not responsible for making ‘‘Office of Defense Commercial provide mobile radio service upon contract payments. Communications’’ and adding in their request to all subscribers in good This rule was not subject to Office of place the words ‘‘Defense Information standing to the services of any carrier Management and Budget review under Technology Contracting Organization’’. subject to this section, including Executive Order 12866, dated roamers, while such subscribers are PART 209ÐCONTRACTOR located within any portion of the September 30, 1993. QUALIFICATIONS licensee’s licensed service area where B. Regulatory Flexibility Act facilities have been constructed and 209.106±2 [Amended] service to subscribers has commenced, This final rule does not constitute a 4. Section 209.106–2 is amended in if equipment that is technically significant revision within the meaning paragraph (1) in the first sentence by compatible with the licensee’s base of FAR 1.501 and Public Law 98–577 removing the reference and abbreviation stations. and publication for public comment is ‘‘DoD 4105.4, DoD’’ and adding in their place the words ‘‘the Federal’’. [FR Doc. 99–29220 Filed 11–8–99; 8:45 am] not required. However, DoD will consider comments from small entities BILLING CODE 6712±01±P PART 225ÐFOREIGN ACQUISITION concerning the affected DFARS subparts in accordance with 5 U.S.C. 610. Such 5. Section 225.872–6 is amended by DEPARTMENT OF DEFENSE comments should cite DFARS Case 98– revising paragraphs (b) and (c)(1) to read D003. as follows: 48 CFR Parts 204, 209, 225, 242, and C. Paperwork Reduction Act 225.872±6 Audit. 247 * * * * * [DFARS Cases 98±D003, 99±D004, and 99± The Paperwork Reduction Act does not apply because the rule does not (b) To determine if such an annex is D010] applicable to a particular qualifying impose any information collection country, contact the Deputy Director of Defense Federal Acquisition requirements that require the approval Defense Procurement (Foreign Regulation Supplement; Contract of the Office of Management and Budget Administration and Audit Services Contracting), ((703) 697–9351/2/3, DSN under 44 U.S.C. 3501, et seq. 227–9351/2/3). AGENCY: Department of Defense (DoD). (c) * * *
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(1) Except for the United Kingdom (ii) Supply and Services Canada (SSC) requires performance of any contract (UK), send the request to the is permitted to submit its requests for administration function at or near administrative contracting officer at the contract administration services directly contractor facilities, except contracts cognizant activity listed in Section 2B of to the cognizant contract administration for— the Federal Directory of Contract office. (A) The National Security Agency; Administration Services Components. (iii) Other foreign governments (B) Research and development with Send the request for audit from the UK (including Canadian government universities; directly to their Ministry of Defence. organizations other than SSC) and (C) Flight training; (D) Consultant support services; * * * * * international organizations send their requests for contract administration (E) Mapping, charting, and geodesy 225.872±7 [Amended] services to the DoD Central Control services; (F) Base, post, camp, and station 6. Section 225.872–7 is amended by Point (CCP) at the Defense Contract purchases; Management Command (DCMC), New removing the reference ‘‘OPNAV (G) Operation or maintenance of, or York, NY. Contract administration Instruction 5540.8L’’ and adding in its installation of equipment at, radar or place the reference ‘‘SECNAV offices provide services only upon communication network sites; Instruction 5510.1H’’; and by removing request from the CCP. The CCP shall— (H) Communications services; the reference ‘‘AFR 205–4’’ and adding (A) Determine whether the request is (I) Installation, operation, and in its place the reference ‘‘AFI 31–601’’. from a friendly foreign government or maintenance of space-track sensors and an international agency in which the relays; PART 242ÐCONTRACT United States is a participant; (J) Dependents Medicare program ADMINISTRATION AND AUDIT (B) Determine whether the services contracts; SERVICES are consistent with the DoD mutual (K) Stevedoring contracts; security program policies (the Assistant (L) Construction and maintenance of 7. The heading of Part 242 is revised Secretary of Defense (International military and civil public works, to read as set forth above. Security Affairs) is the source of including harbors, docks, port facilities, 8. Section 242.002 is added information for questions as to the military housing, development of (immediately before subpart 242.1) to eligibility of foreign governments to recreational facilities, water resources, read as follows: receive services); flood control, and public utilities; 242.002 Interagency agreements. (C) Ensure that the reimbursement (M) Architect-engineer services; arrangements are consistent with (N) Airlift and sealift services (Air (b)(i) DoD requires reimbursement, at paragraph (b) of this section; Mobility Command and Military Sealift a rate set by the Under Secretary of (D) Coordinate with appropriate Command may perform contract Defense (Comptroller/Chief Financial contract administration offices to administration services at contractor Officer), from non-DoD organizations, determine whether DoD can provide the locations involved solely in except for— services; performance of airlift or sealift (A) Quality assurance, contract (E) Notify the requestor that the contracts); administration, and audit services request is accepted, or provide reasons (O) Subsistence supplies; provided under a no-charge reciprocal why it cannot be accepted; (P) Ballistic missile sites (contract agreement; (F) Distribute the acquisition administration offices may perform (B) Services performed under documents and related materials to supporting administration of these subcontracts awarded by the Small contract administration offices; and contracts at missile activation sites Business Administration under FAR (G) Receive statements of costs during the installation, test, and subpart 19.8; and incurred by contract administration checkout of the missiles and associated (C) Quality assurance and pricing offices for reimbursable services and equipment); and services performed for the Supply and forward them for billing to the Security (Q) Operation and maintenance of, or Services Canada. Assistance Accounting Center. installation of equipment at, military (ii) Departments and agencies may test ranges, facilities, and installations. request an exception from the Subpart 242.1Ð[Removed] (ii) Contract administration functions reimbursement policy in paragraph 9. Subpart 242.1 is removed. for base, post, camp, and station (b)(i) of this section from the Under 10. Subpart 242.2 is revised to read as contracts on a military installation are Secretary of Defense (Comptroller/Chief follows: normally the responsibility of the Financial Officer). A request must show installation or tenant commander. that an exception is in the best interest Subpart 242.2ÐContract However, the Defense Contract of the Government. Administration Services Management Command (DCMC) shall, (iii) Departments and agencies must upon request of the military department, pay for services performed by non-DoD Sec. and subject to prior agreement, perform activities, foreign governments, or 242.200–70 Scope of subpart. contract administration services on a international organizations, unless 242.202 Assignment of contract military installation. otherwise provided by reciprocal administration. (iii) DCMC shall provide preaward agreements. 242.200±70 Scope of subpart. survey assistance for post, camp, and (S–70)(i) Foreign governments and This subpart does not address the station work performed on a military international organizations may request contract administration role of a installation. The contracting office and contract administration services on their contracting officer’s representative (see the DCMC preaward survey monitor direct purchases from U.S. producers. 201.602). should jointly determine the scope of Direct purchase is the purchase of the survey and individual defense supplies in the United States 242.202 Assignment of contract responsibilities. through commercial channels for use by administration. (iv) To avoid duplication, contracting the foreign government or international (a)(i) DoD activities shall not retain offices shall not locate their personnel at organization. any contract for administration that contractor facilities, except—
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(A) In support of contracts retained Reference Tool, available via the Acquisition Regulation Supplement for administration in accordance with Internet at http://referencetool.dfas.mil, (DFARS) to update procedures relating paragraph (a)(i) of this section; or to identify cognizant DFAS payment to the DoD Coordinated Acquisition (B) As permitted under subpart offices. Program and contractor use of 242.74. * * * * * Government supply sources. The rule (e)(1)(A) In special circumstances, a updates organization names, addresses, contract administration office may 242.705±1 [Amended] and telephone numbers. request support from a component not 12. Section 242.705–1 is amended in EFFECTIVE DATE: November 9, 1999. listed in the Federal Directory of paragraph (a)(1) in the first sentence by FOR FURTHER INFORMATION CONTACT: Contract Administration Services removing the parenthetical ‘‘(ACO)’’ and Ms. Melissa Rider, Defense Acquisition Components (available via the Internet adding in its place the parenthetical Regulations Council, at http://www.dcmc.hq.dla.mil/ ‘‘(ACOs)’’; and by removing paragraph PDUSD(AT&L)DP(DAR), IMD 3D139, casbook/casbook.htm). An example is a (b). 3062 Defense Pentagon, Washington, DC situation where the contractor’s work 20301–3062. Telephone (703) 602–4245; site is on a military base and a base 242.705±2 [Amended] 13. Section 242.705–2 is amended by telefax (703) 602–0350. Please cite organization is asked to provide DFARS Case 99–D022. support. Before formally sending the removing paragraph (b)(2)(ii); and by SUPPLEMENTARY INFORMATION: request, coordinate with the office redesignating paragraph (b)(2)(iv) as concerned to ensure that resources are paragraph (b)(2)(iii). A. Background available for, and capable of, providing 242.7400 [Amended] This final rule amends DFARS the support. 208.7003–1 to update Defense Logistics (B) When requesting support on a 14. Section 242.7400 is amended in Agency (DLA) organization names and subcontract that includes foreign paragraph (a) in the second sentence, in addresses, and to specify that a DoD contract military sale (FMS) the parenthetical, by removing the activity submitting a request to DLA for requirements, the contract reference ‘‘242.203(a)(i) and (v)’’ and a waiver under the Integrated Material administration office shall— adding in its place the reference Management Program must submit a (1) Mark ‘‘FMS Requirement’’ on the ‘‘242.202(a)’’. copy of the request to the Defense face of the documents; and Part 247ÐTransportation Logistics Support Command. The rule (2) For each FMS case involved, also amends DFARS 251.102 to update provide the FMS case identifier, 247.305±10 [Amended] address and telephone number associated item quantities, DoD prime 15. Section 247.305–10 is amended in information relating to requests for contract number, and prime contract paragraph (b)(iv) introductory text by Government publications. line/subline item number. removing the reference and abbreviation 11. Section 242.302 is amended by This rule was not subject to Office of ‘‘DoD 4105.4, DoD’’ and adding in their Management and Budget review under removing paragraph (a)(8); and by place the words ‘‘the Federal’’. adding, after paragraph (a)(9), paragraph Executive Order 12866, dated 16. Section 247.370 is amended by September 30, 1993. (a)(13) to read as follows: revising paragraph (b)(1) to read as B. Regulatory Flexibility Act 242.302 Contract administration functions. follows: (a) * * * 247.370 Use of Standard Form 30 for This final rule does not constitute a (13)(A) Do not delegate the consignment instructions. significant revision within the meaning of FAR 1.501 and Public Law 98–577 responsibility to make payments to the * * * * * and publication for public comment is Defense Contract Management (b) * * * Command (DCMC). (1) For contracts assigned for any not required. However, DoD will (B) For contracts assigned to DCMC contract administration function listed consider comments from small entities for contract administration, designate as in FAR subpart 42.3 to any office listed concerning the affected DFARS subparts the payment office— in the Federal Directory of Contract in accordance with 5 U.S.C. 610. Such (1) The cognizant Defense Finance Administration Services Components, comments should cite DFARS Case 99– and Accounting Service (DFAS) within five working days; D022. payment office as specified in the * * * * * C. Paperwork Reduction Act Federal Directory of Contract Administration Services Components [FR Doc. 99–29036 Filed 11–8–99; 8:45 am] The Paperwork Reduction Act does (available via the Internet at http:// BILLING CODE 5000±04±M not apply because the rule does not www.dcmc.hq.dla.mil/casbook/ impose any information collection requirements that require the approval casbook.htm), for contracts funded with DEPARTMENT OF DEFENSE DoD funds; of the Office of Management and Budget under 44 U.S.C. 3501, et seq. (2) The department or agency 48 CFR Parts 208 and 251 payment office, if authorized by defense List of Subjects in 48 CFR Parts 208 and [DFARS Case 99±D022] financial management regulations or if 251 the contract is funded with non-DoD Defense Federal Acquisition funds; or Government procurement. Regulation Supplement; Coordinated (3) Multiple payment offices under Michele P. Peterson, Acquisition Procedures Update paragraphs (a)(13)(B) (1) and (2) of this Executive Editor, Defense Acquisition Regulations Council. section, if the contract is funded with AGENCY: Department of Defense (DoD). both DoD and non-DoD funds. ACTION: Final rule. Therefore, 48 CFR parts 208 and 251 (C) For contracts not assigned to are amended as follows: DCMC, select a payment office or offices SUMMARY: The Director of Defense 1. The authority citation for 48 CFR under department/agency procedures. Procurement has issued a final rule parts 208 and 251 continues to read as DoD personnel may use the DFAS amending the Defense Federal follows:
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Authority: 41 U.S.C. 421 and 48 CFR telephone (202) 512–1800; telefax (202) financing. Prior to issuance of this final Chapter 1. 512–2250. rule, DFARS 215.404–71–3, Contract (2) Military Standard Requisitioning type risk and working capital PART 208ÐREQUIRED SOURCES OF and Issue Procedures (MILSTRIP) (DoD adjustment, provided only two SUPPLIES AND SERVICES 4000.25–1–M). Copies are available financing choices for fixed-price and 2. Section 208.7003–1 is amended in from the Defense Logistics Agency, fixed-price incentive contracts: The the heading by removing the word Administrative Support Center East, contract either would provide progress ‘‘material’’ and adding in its place the ATTN: ASCE–WS, 14 Dedication Drive, payments or would offer no financing. world ‘‘materiel’’; and by revising Suite 3, POD 43, New Cumberland, PA This final rule adds contracts with paragraph (b)(2)(ii) to read as follows: 17070–5011; telephone 1–888–DLA– performance-based payments as a third PUBS (352–7827), or (717) 770–6034; choice. 208.7003±1 Assignments under integrated telefax (717) 770–4817. materiel management (IMM). This rule amends DFARS 215.404– * * * * * 71–3 as follows: * * * * * [FR Doc. 99–29037 Filed 11–8–99; 8:45 am] (b) * * * 1. Adds firm-fixed-price and fixed- (2) * * * BILLING CODE 5000±04±M price incentive contracts with (ii) For DLA: performance-based payments to the table of contract types at 215.404–71– Defense Supply Center, Columbus, DEPARTMENT OF DEFENSE ATTN: DSCC–BDL, P.O. Box 3990, 3(c). Columbus, OH 43216–5000 48 CFR Part 215 2. Adds evaluation criteria at Defense Energy Support Center, ATTN: 215.404–71–3(d) that contracting DESC–FI, 8725 John J. Kingman Road, [DFARS Case 99±D001] officers should consider when Fort Belvoir, VA 22060–6222 Defense Federal Acquisition determining the value for contract type Defense Supply Center, Richmond, Regulation Supplement; Weighted risk associated with contracts using ATTN: DSCR–RZO, 8000 Jefferson Guidelines and Performance-Based performance-based payments. Davis Highway, Richmond, VA Payments 3. Removes the reference to the 23297–5000 flexible progress payments type of Defense Supply Center, Philadelphia, AGENCY: Department of Defense (DoD). financing at 215.404–71–3(e)(3). DoD ATTN: DSCP–ILSI (for General and ACTION: Final rule. does not permit the use of flexible Industrial), DSCP–OCS (for Medical, progress payments for contracts Clothing, and Textiles), 700 Robbins SUMMARY: The Director of Defense awarded as a result of solicitations Avenue, Bldg. 4, Philadelphia, PA Procurement has issued a final rule issued on or after November 11, 1993. 19111–5096 amending the Defense Federal A final rule, published in the Federal In addition, forward a copy of each Acquisition Regulation Supplement Register on February 23, 1999 (64 FR request to: (DFARS) to modify the weighted 8731), removed references to flexible Defense Logistics Support Command, guidelines method of computing profit progress payments from DFARS Part ATTN: DLSC–LS, 8725 John J. objectives. The rule adds contracts with 232. The change to 215.404–71–3(e)(3) Kingman Road, Fort Belvoir, VA performance-based payments to the in this final rule does not reflect a 22060–6221. types of contracts that affect a policy change but merely removes * * * * * contractor’s cost risk. obsolete language. EFFECTIVE DATE: November 9, 1999. 4. Makes editorial changes. PART 251ÐUSE OF GOVERNMENT FOR FURTHER INFORMATION CONTACT: Ms. SOURCES BY CONTRACTORS Sandra G. Haberlin, Defense Acquisition DoD published a proposed rule in the Federal Register on May 4, 1999 (64 FR 3. Section 251.102 is amended in Regulations Council, PDUSD (AT&L) DP (DAR), IMD 3D139, 3062 Defense 23814). Three sources submitted Table 51–1 by revising paragraph 2.b. to comments on the proposed rule. DoD read as follows: Pentagon, Washington, DC 20301–3062. Telephone (703) 602–0289; telefax (703) considered all comments in the 25.102 Authorization to use Government 602–0350. Please cite DFARS Case 99– development of the final rule. supply sources. D001. This rule was not subject to Office of * * * * * SUPPLEMENTARY INFORMATION: Management and Budget review under TABLE 51±1ÐAUTHORIZATION TO Executive Order 12866, dated PURCHASE FROM GOVERNMENT SUPPLY A. Background September 30, 1993. SOURCES DFARS 215.404–4, Profit, requires B. Regulatory Flexibility Act * * * * * contracting officers to use the weighted 2. * * * guidelines method of developing a DoD certifies that this final rule will b. Requisitioning from the General prenegotiation profit or fee objective on not have a significant economic impact Services Administration (GSA) or the most negotiated contract actions that on a substantial number of small entities Department of Defense (DoD). Place require cost analysis. This method within the meaning of the Regulatory orders in accordance with this focuses on three profit factors: Flexibility Act, 5 U.S.C. 601, et seq., authorization and, as appropriate, the performance risk, contract type risk, and because most contracts awarded to following: facilities capital employed. Calculations small entities have a dollar value less (1) Federal Standard Requisitioning using these profit factors result in values than the simplified acquisition and Issues Procedures (FEDSTRIP) (GSA that become part of the profit objective. threshold and, therefore, would not use FEDSTRIP Operating Guide: FPMR 101– For contract type risk, the calculations the weighted guidelines method of 26.2 (41 CFR 101–26.2)). Copies are include an assessment of the degree of profit computation. The weighted available from the Superintendent of cost risk that the contractor accepts guidelines method normally is used to Documents, Government Printing under varying contract types as adjusted compute profit objectives on negotiated Office, Washington, DC 20402; by the costs of contractor-provided contract actions at or above $500,000.
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C. Paperwork Reduction Act List of Subjects in 48 CFR Part 215 PART 215ÐCONTRACTING BY NEGOTIATION The Paperwork Reduction Act does Government procurement. not apply because the rule does not Michele P. Peterson, 2. Section 215.404–71–3 is amended impose any information collection Executive Editor, Defense Acquisition by revising paragraphs (c), (d), and (e) requirements that require the approval Regulations Council. to read as follows: of the Office of Management and Budget Therefore, 48 CFR part 215 is 215.404±71±3 Contract type risk and under 44 U.S.C. 3501, et seq. amended as follows: 1. The authority citation for 48 CFR working capital adjustment. part 215 continues to read as follows: * * * * * Authority: 41 U.S.C. 421 and 48 CFR (c) Values: Normal and designated Chapter 1. ranges.
Normal Designated Contract type Notes value range (percent) (percent)
Firm-fixed-price, no financing ...... (1) 5.0 4 to 6. Firm-fixed-price, with performance-based payments ...... (6) 4.0 2.5 to 5.5 Firm-fixed-price, with progress payments ...... (2) 3.0 2 to 4. Fixed-price incentive, no financing ...... (1) 3.0 2 to 4. Fixed-price incentive, with performance-based payments ...... (6) 2.0 0.5 to 3.5. Fixed-price with redetermination provision ...... (3) ...... Fixed-price incentive, with progress payments ...... (2) 1.0 0 to 2. Cost-plus-incentive-free ...... (4) 1.0 0 to 2. Cost-plus-fixed-fee ...... (4) 0.5 0 to 1. Time-and-materials (including overhaul contracts priced on time-and-materials basis) ...... (5) 0.5 0 to 1. Labor-hour ...... (5) 0.5 0 to 1. Firm-fixed-price, level-of-effort ...... (5) 0.5 0 to 1.
(1) ‘‘No financing’’ means either that (iv) Nature and extent of than normal value when there is the contract does not provide progress subcontracted activity; substantial contract type risk. Indicators payments or performance-based (v) Protection provided to the of this are— payments, or that the contract provides contractor under contract provisions (i) Efforts where there is minimal cost them only on a limited basis, such as (e.g., economic price adjustment history; financing of first articles. Do not clauses); (ii) Long-term contracts without compute a working capital adjustment. (vi) The ceilings and share lines provisions protecting the contractor, (2) When the contract contains contained in incentive provisions; particularly when there is considerable (vii) Risks associated with contracts provisions for progress payments, economic uncertainty; compute a working capital adjustment for foreign military sales (FMS) that are not funded by U.S. appropriations; and (iii) Incentive provisions (e.g., cost (Block 26). and performance incentives) that place (3) For the purposes of assigning (viii) When the contract contains provisions for performance-based a high degree of risk on the contractor; profit values, treat a fixed-price contract (iv) FMS sales (other than those under with redetermination provisions as if it payments— (A) The frequency of payments; DoD cooperative logistics support were a fixed-price incentive contract (B) The total amount of payments arrangements or those made from U.S. with below normal conditions. compared to the maximum allowable Government inventories or stocks) (4) Cost-plus contracts shall not amount specified at FAR 32.1004(b)(2); where the contractor can demonstrate receive the working capital adjustment. and that there are substantial risks above (5) These types of contracts are (C) The risk of the payment schedule those normally present in DoD contracts considered cost-plus-fixed-fee contracts to the contractor. for similar items; or for the purposes of assigning profit (2) Mandatory. The contracting officer (v) An aggressive performance-based values. They shall not receive the shall assess the extent to which costs payment schedule that increases risk. working capital adjustment in Block 26. have been incurred prior to the However, they may receive higher than (4) Below normal conditions. The definitization of the contract action (also contracting officer may assign a lower normal values within the designated see 217.7404–6(a)). The assessment range to the extent that portions of cost than normal value when the contract shall include any reduced contractor type risk is low. Indicators of this are— are fixed. risk on both the contract before (i) Very mature product line with (6) When the contract contains definitization and the remaining portion extensive cost history; provisions for performance-based of the contract. When costs have been payments, do not compute a working incurred prior to definitization, (ii) Relative short-term contracts; capital adjustment. generally regard the contract type risk to (iii) Contractual provisions that (d) Evaluation criteria. be in the low end of the designated substantially reduce the contractor’s (1) General. The contracting officer range. If a substantial portion of the risk; should consider elements that affect costs have been incurred prior to (iv) Incentive provisions that place a contract type risk such as— definitization, the contracting officer low degree of risk on the contractor; (i) Length of contract; may assign a value as low as 0 percent, (v) Performance-based payments (ii) Adequacy of cost data for regardless of contract type. totaling the maximum allowable projections; (3) Above normal conditions. The amount(s) specified at FAR (iii) Economic environment; contracting officer may assign a higher 32.1004(b)(2); or
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(vi) A performance-based payment FOR FURTHER INFORMATION CONTACT: Paper Reduction Act schedule that is routine with minimal Elizabeth A.S. Martineau, Office of This rule contains no information risk. Chief Counsel, Federal Transit collection requirements under the (e) Costs financed. Administration, Room 9316, 400 (1) Costs financed equal total costs Paperwork Reduction Act of 1995 (44 Seventh Street, SW., Washington, DC U.S.C. 3501–3520). multiplied by the portion (percent) of 20590 (202) 366–1936. costs financed by the contractor. Unfunded Mandates Reform Act of SUPPLEMENTARY INFORMATION: This rule (2) Total costs equal Block 20 (i.e., all 1995 allowable costs, including general and amends 49 CFR section 601.4 to provide administrative and independent that the Deputy Administrator is the FTA has determined that the research and development/bid and Administrator’s ‘‘first assistant’’ for requirements of Title II of the Unfunded proposal, but excluding facilities capital purposes of the Federal Vacancies Mandates Reform Act of 1995 do not cost of money), reduced as appropriate Reform Act of 1998 (Pub. L. 105–277) apply to this rulemaking. when— and to delete references to agency List of Subjects in 49 CFR Part 601 (i) The contractor has little cash officials who shall perform the duties of investment (e.g., subcontractor progress the Administrator in the absence or Authority delegations (Government payments liquidated late in period of disability of the ‘‘first assistant’’ and to, agencies), Organization and functions performance); instead, refer to the internal FTA order (Government agencies). (ii) Some costs are covered by special on succession of authority. This rules For the reasons set forth in the financing provisions, such as advance does not impose substantive preamble, the Federal Transit payments; or requirements; it simply updates the Administration amends 49 CFR Part 601 (iii) The contract is multiyear and Code of Federal to conform FTA’s as follows: there are special funding arrangements. organizational provisions to the Federal (3) The portion that the contractor Vacancies Reform Act to 1998, which PART 601Ð[Amended] alters the way in which vacancies in finances is generally the portion not 1. The authority citation for Part 601 presidentially appointed, Senate- covered by progress payments, i.e., 100 is revised to read as follows: percent minus the customary progress conformed offices within the executive payment rate (see FAR 32.501). For branch may be filled on a temporary Authority: 49 U.S.C. 1657, 1659; example, if a contractor receives basis. Reorganization Plan No. 2 of 1968 (82 Stat. 1369); 49 CFR 1.51. progress payments at 75 percent, the This final rule is ministerial in nature portion that the contractor finances is 25 and relates only to agency management, 2. Revise section 601.4 to read as percent. On contracts that provide organization, procedure, and practice follows: progress payments to small businesses, and is not a regulation or rule for the § 601.4 Responsibilities of the use the customary progress payment purposes of Executive Order No. 12866. Administrator. rate for large businesses. Therefore, the FTA has determined that The Administrator is responsible for * * * * * notice and comment are unnecessary the planning, direction, and control of and that the rule is exempt for prior [FR Doc. 99–29038 Filed 11–8–99 8:45 am] the activities of FTA and has authority notice and comment requirements BILLING CODE 5000±04±M to approve urban mass transportation under 5 U.S.C. 553(b)(3)(A). These grants, loans, and contracts. The Deputy changes will not have substantive Administrator is the ‘‘first assistant’’ for impact and FTA does not expect to DEPARTMENT OF TRANSPORTATION purposes of the Federal Vacancies receive substantive comments on the Reform Act of 1998 (Pub. L. 105–277) rule. Therefore, FTA finds that there is Federal Transit Administration and shall, in the event of the absence or good cause under 5 U.S.C. 553(d)(3) to disability of the Administrator, serve as 49 CFR Part 601 make this rule effective less than 30 the Acting Administrator, subject to the days after publication in the Federal limitations in that Act. In the event of Responsibilities of the Administrator Register. the absence or disability of both the AGENCY: Federal Transit Administration, Regulatory Analyses and Notices Administrator and the Deputy DOT. Administrator, officials designated by ACTION: Final rule. FTA has determined that this action the agency’s internal order on is not a significant regulatory action succession shall serve as Acting Deputy SUMMARY: The Federal Transit under Executive Order 12866 or under Administrator and shall perform the Administration (FTA) is amending 49 the Department’s Regulatory Policies duties of the Administrator, except for CFR Part 601 to make express that the and Procedures. There are no costs any non-delegable statutory and/or Deputy Administrator serves as the associated with this rule. FTA certifies regulatory duties. Administrator’s ‘‘first assistant’’ within that this rule will not have a significant the meaning of the Federal Vacancies economic impact on a substantial Issued on: October 29, 1999. Reform Act of 1998 and thus serves as number of small entities. FTA does not Gordon J. Linton, the Acting Administrator when the believe that there are sufficient Administrator. Administrator’s position is vacant. federalism implications to warrant the [FR Doc. 99–28877 Filed 11–8–99; 8:45 am] EFFECTIVE DATE: November 9, 1999. preparation of a federalism assessment. BILLING CODE 4910±57±M
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Proposed Rules Federal Register Vol. 64, No. 216
Tuesday, November 9, 1999
This section of the FEDERAL REGISTER Coordinator, FSA, at the above address, administration certifies that this contains notices to the public of the proposed telephone 202–720–1471. program will not have a significant issuance of rules and regulations. The SUPPLEMENTARY INFORMATION: impact on a substantial number of small purpose of these notices is to give interested entities. By statute this grant program persons an opportunity to participate in the Executive Order 12866 applies only to States. These grants rule making prior to the adoption of the final rules. This proposed rule has been cannot be made to small entities or determined to be not significant for individuals. Small entities may purposes of Executive Order 12866 and, participate in mediation, however, to DEPARTMENT OF AGRICULTURE therefore, has not been reviewed by the the same extent as individual and other Office of Management and Budget entities affected by adverse decisions Office of the Secretary (OMB). covered by certified mediation programs. 7 CFR Part 785 Federal Assistance Program The title and number of the Federal Unfunded Mandates Reform Act Farm Service Agency assistance program, as found in the Title II of the Unfunded Mandates Catalog of Federal Domestic Assistance, 7 CFR Part 1946 Reform Act of 1995 (UMRA), Public to which this rule applies, is the Law 104–4, establishes requirements for RIN 0560±AE02 Certified Mediation Program-10.435. Federal agencies to assess the effects of Executive Order 12372 their regulatory actions on State, local, Certified Mediation Program and tribal governments and the private This activity is not subject to the AGENCY: Farm Service Agency, USDA. sector. Under section 202 of the UMRA, provisions of Executive Order 12372, ACTION: Proposed rule. the Agency generally must prepare a which requires intergovernmental written statement, including a cost- SUMMARY: The Farm Service Agency consultation with State and local benefit analysis, for proposed and final (FSA) proposes to amend its officials. See the notice related to 7 CFR rules with ‘‘Federal mandates’’ that may Agricultural Loan Mediation Program part 3015, subpart V, published at 48 FR result in expenditures by State, local, or regulations to implement the 29115 (June 24, 1983). tribal governments, in the aggregate, or requirements of the Federal Crop Environmental Evaluation to the private sector, of $100 million or Insurance Reform and Department of more in any 1 year. When such a Agriculture Reorganization Act of 1994 It has been determined that this action statement is needed for a rule, section (the 1994 Act). The 1994 Act expands will not have a significant impact on the 205 of the UMRA generally requires the the scope of issues that may be quality of the human environment. Agency to identify and consider a mediated in State mediation programs Therefore, neither an Environmental reasonable number of regulatory certified by FSA. This regulation Assessment nor an Environmental alternatives and adopt the least costly, proposes to establish and modify Impact Statement is needed under the more cost-effective or least burdensome requirements and procedures for National Environmental Policy Act of alternative that achieves the objective of certification and funding of State 1969. the rule. mediation programs. This action will Executive Order 12612 This rule contains no Federal also move the mediation provisions This document has been reviewed in mandates (under the regulatory from the Rural Development chapter of provisions of Title II of the UMRA) for the CFR to the FSA chapter. accordance with Executive Order 12612, Federalism. The agency has determined State, local, and tribal governments or DATES: Comments on this proposed rule the private sector. Thus, this rule is not must be received on or before January that this action does not have significant Federalism implications. subject to the requirements of sections 10, 2000 to be assured of consideration. 202 and 205 of the UMRA. The comment period for information Executive Order 12988 Paperwork Reduction Act collections under the Paperwork This proposed rule has been reviewed Reduction Act of 1995 continues in accordance with Executive Order In accordance with the Paperwork through January 10, 2000. 12988, Civil Justice Reform. If this Reduction Act of 1995, FSA will submit ADDRESSES: Send comments in proposed rule is adopted (1) all State an emergency information collection duplicate to Executive Director for State and local laws and regulations that are request (ICR) to OMB for the approval Operations, Farm Service Agency, U.S. in conflict with this rule will be of the Certified Mediation Program Department of Agriculture, Room 3090 preempted, (2) no retroactive effect will reports as necessary for the proper S, STOP 0539, 1400 Independence be given to this rule, and (3) functioning of the program. Avenue, SW, Washington, DC 20250– administrative proceedings published at Title: Certified Mediation Program. 0539, or by fax to 202–690–3009. All 7 CFR part 11 must be exhausted before OMB Control Number: 0560–0165. written comments will be available for action for judicial review may be Type of Request: Reinstatement, with public inspection at the above address brought. change, of previously approved between 8 a.m. and 5 p.m., EST, collection for which approval has Monday through Friday, except Regulatory Flexibility Act expired. holidays. It has been determined that the Abstract: The information collected FOR FURTHER INFORMATION CONTACT: Regulatory Flexibility Act is not under OMB Control Number 0560–0165, Chester A. Bailey, Mediation applicable to this program. The as identified above, is needed to enable
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FSA to administer effectively the proposed regulations between 30 and 60 delegated the responsibility for State Certified Mediation Program. days after publication of this document certification and administration of the FSA requires some of the information in the Federal Register. Therefore, a grant program to the Administrator, it collects to be reported in a standard comment to OMB is best assured of FSA. manner. Although other institutions, having full effect if OMB receives it The 1994 Act restates the public and private, generally require within 30 days of publication. This does requirements for certification of a State’s and collect information similar to that not affect the deadline for the public to mediation program contained in the requested by FSA, there is a wide comment to the Department of 1987 Act. Additional requirements are diversity in reporting practices. Agriculture (USDA) on the proposed that the State mediation program The amendment contained in this regulation. ensure, in the case of issues other than information collection that requires agricultural loans covered by the Discussion of Proposed Rule clearance by OMB is ‘‘Agricultural mediation program, that persons Mediation and Related Requirements Title V of the Agricultural Credit Act directly affected by actions of the USDA including, State Certification and Grant of 1987 (7 U.S.C. 5106 et seq.) (1987 receive adequate notification of the Administration Provisions.’’ The Act) authorized the Secretary of mediation program. The 1994 Act re- information to be collected includes an Agriculture to qualify States as certified emphasizes the importance of qualifying application for certification, to develop State mediation programs States adequately training mediators to reverification for subsequent annual that mediate agricultural loan disputes. address all issues covered by their approval, application for Federal The Secretary delegated this authority at mediation programs. Assistance, reporting requirements, and that time to the Administrator of the For the administration of the audit reports. Farmers Home Administration (FmHA). matching grant program in qualifying The information requested is reported In addition, the 1987 Act required States, FSA will continue to use the annually and is necessary for the FSA FmHA to participate in mediation in uniform standards prescribed in 7 CFR to determine eligibility, and to certified States. part 3015, ‘‘Uniform Federal Assistance administer the mediation grant program To be certified under the 1987 Act, a Regulations,’’ and 7 CFR part 3016, in an equitable and cost-effective State was required to: (1) Provide ‘‘Uniform Administrative Requirements manner. mediation services to producers and for Grants and Cooperative Agreements Estimate of Burden: The public their creditors that, if decisions are to State and Local Governments.’’ These reporting burden for this information reached, result in mediated, mutually generally applicable rules are collection is estimated to average 34 agreeable decisions between parties sufficiently well known to the States to hours per respondent. under an agricultural loan mediation permit an informed comment on these Respondents: State agencies. program; (2) be authorized or proposed rules. Estimated Number of Respondents: administered by an agency of the State This rule also continues the practice 24. government or by the Governor of the of making the grant year for all Estimated Number of Responses per State; (3) provide for the training of qualifying States run concurrently with Respondents: 1. mediators; (4) provide that the the Federal fiscal year, which Estimated Total Annual Burden on mediation sessions be confidential; and commences on October 1. Respondents: 816 hours. (5) ensure that all lenders and borrowers The significant changes to the Topics for comments include: (a) of agricultural loans receive adequate mediation regulations contained herein Whether the proposed collection of notification of the mediation program. are: (1) All references to ‘‘agricultural information is necessary for the proper The 1987 Act authorized funding of loan mediation’’ are replaced with performance of the functions of the $7.5 million a year for each of the fiscal ‘‘certified mediation’’; (2) issues that agency, including whether the years 1988 through 1991, with matching may be mediated by a State mediation information shall have practical utility; grants to the States limited to $500,000 program are expanded to include certain (b) the accuracy of the agency’s estimate or 50 percent of the cost of a State’s issues specified in the 1994 Act and of the burden of the proposed collection program, whichever is less. The Food, non-specified issues the Secretary of information; (c) ways to enhance the Agriculture, Conservation, and Trade deems appropriate; (3) USDA agencies quality, utility, and clarity of the Act of 1990 extended this authority will participate in good faith in information to be collected; and (d) through 1995, and the Agricultural mediation under the same terms and ways to minimize the burden of the Credit Improvement Act of 1992 conditions applicable to agricultural collection of information on increased the maximum percentage of producers, creditors, if applicable, and respondents, including through the use the grant to 70 percent. The 1994 Act other persons directly affected by of automated collection techniques or extended the program through 2000. actions of the USDA; (4) participants other forms of information gathering Sections 275 and 282 of the 1994 Act may be offered the opportunity to technology. Comments should be sent to establish the role of mediation in the choose mediation as part of an agency’s the Desk Officer for Agriculture, Office administrative appeals process, expand informal appeal process; (5) certified of Information and Regulatory Affairs, the range of issues that can be mediated State mediation programs are required Office of Management and Budget, by certified State mediation programs, to train mediators adequately to address Washington, DC 20503 and to Chester and explain the procedures and criteria all issues covered by the program; (6) A. Bailey, Mediation Coordinator, FSA, under which a State, upon its added is a condition that a certified USDA, STOP 0539, 1400 Independence application, can be certified by the mediation program must ensure, for Avenue, SW, Washington, DC 20250– Secretary of Agriculture as a qualifying issues other than agricultural loans 0539, (202) 720–1471. Copies of the State. The 1994 Act requires that, if covered by the mediation program, that information collected may be obtained mediation is available as a part of the persons directly affected by actions of from Chester A. Bailey at the above USDA agency’s informal appeals USDA receive adequate notification of address. process, the appeal participant in a the mediation program; (7) the OMB is required to make a decision qualifying State will be offered the confidentiality provisions of the concerning the collections of opportunity to mediate. As part of Administrative Dispute Resolution Act information contained in these USDA’s reorganization, the Secretary re- of 1996 apply to the certified mediation
VerDate 29-OCT-99 15:23 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\09NOP1.XXX pfrm04 PsN: 09NOP1 61036 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Proposed Rules program, but this regulation clarifies Costs of such services which are an advocacy context to be inconsistent that this does not alter the State’s inconsistent with the statutory purposes with the premise of a mediation responsibility to provide the of the program, however, will not be program, to provide a neutral forum for Government access to its records as considered part of the costs for resolution of disputes. FSA seeks required by 7 CFR 3015.24; (8) more operating the program in determining comment on this clarification. specific information concerning the the amount of the grant. State’s mediation program is required as 4. Grant determination; reserve. An List of Subjects in 7 CFR Parts 785 and a certification condition; (9) procedures important change from the prior 1946 are clarified to eliminate confusion regulation is the change in the manner Agriculture, Federal-State relations, about administration of mediation of determining the amount of grant Grant programs—Intergovernmental grants; (10) the mission of State-certified funds available to certified States. relations, Mediation. mediation programs is specified to Previously, certified States were Accordingly, 7 CFR chapters VII and provide mediation services to awarded grants based on their requests, XVIII are proposed to be amended, as agricultural producers, their creditors subject to the statutory limitations. follows: and other persons directly affected by Where total requests exceeded the 1. Part 785 is added to read as follows: actions of the USDA; (11) provisions for appropriation, funds were allocated, audit and penalties for non-compliance pro-rata, based on the ratio of one PART 785ÐCERTIFIED MEDIATION are amended to remove internal State’s request to all States’ requests. In Sec. administrative procedures and for other words, the award was 785.1 General. clarity; (12) the basis on which grant mathematical, without consideration of 785.2 Definitions. funds will be allocated to certified State other factors. This regulation provides 785.3 Process for certification. mediation programs is clarified and that awards should be made based on 785.4 Grants. described; (13) ‘‘mediation’’ is defined; factors contained this proposed rule. 785.5 Penalty for non-compliance. and (14) the method of payment of grant In addition, the proposed regulation 785.6 Nondiscrimination. funds has been changed to permit creates a reserve of 10 percent of each 785.7 OMB control number. advances of funds earlier in the fiscal grant award that will be obligated later Authority: 5 U.S.C. 301; 7 U.S.C. 1989; and year of appropriation. The advance in the fiscal year, to newly-qualified 7 U.S.C. 5104. payment will expedite receipt of grant States, or reallocated to States to meet funds by the State programs, so as to excess demand for mediation services, § 785.1 General. assist the State’s need to budget, and then to requesting States. The (a) This part provides procedures for obligate and spend the funds in a timely reserve mechanism is intended to a State to be certified by the Farm and efficient manner and enhance enable the program to fund a mediation Service Agency (FSA) as a qualifying operation of the program. At the same program in a State that becomes newly- State that provides mediation services time, State programs are required to qualified in the first half of the fiscal for issues affecting USDA agencies and obligate, spend, and account for grant year. Under the current regulation, a programs. A certified State may receive funds and for the State’s matching fund newly-certified State program must Federal grant funds for operation and obligation in accordance with USDA await award of grant funds until the administration of the State’s certified grant regulations. In addition carryover following fiscal year. The proposed agricultural mediation program. of unspent funds is specifically allowed. regulation will enable the program to (b) USDA agencies will participate in Carryover balances must be obligated respond to increased demand for good faith in mediation conducted and liquidated by the State program mediation services in a more timely pursuant to a State’s certified mediation during the subsequent fiscal year. manner, and to adjust a small program, and will cooperate in good percentage of funds to meet excess faith with requests for information or Request for Comment demand. Ultimately, the reserve, net of analysis of information made in the FSA encourages interested persons to any such adjustment, will be allocated course of mediation under a certified comment on this proposed regulation, to States to which it had been awarded program and, if applicable, present and and particularly solicits comments on initially, in time to be used toward explore debt restructuring proposals the following specific matters: States’ cash flow needs with respect to advanced in the course of such 1. Training and reporting. FSA asks the mediation program. States receiving mediation. for comment on the request for a grant of less than $50,000 are exempt (c) Where mediation is available as information on training programs from this reserve requirement. part of a USDA agency’s informal appeal implemented by States under the recent 5. The proposed regulation makes process, the participant will be offered statutory amendments, and on the clear that financial advisory and the opportunity to mediate under a requirement for reporting quarterly on counseling services are permitted to be State’s certified mediation program, in the certified State program. funded by the program only in those accordance with regulations applicable 2. Issues available for mediation. The limited circumstances where a financial to such appeal process. 1994 Act expanded the issues available needs test is met, provided the work for mediation. Many State programs product of such services is available to § 785.2 Definitions. have made mediation available for the all parties, and the services are assigned Certified mediation program means a new issues. FSA is interested in and provided under the control of a program for the resolution of disputes learning whether States offer mediation mediator. USDA views the mediation through mediation, authorized or in the new issues, and the experience of process as a viable and desirable means administered by a State, that meets the State programs in mediating these of resolving disputes. To the extent requirements for certification contained issues. these services can be shown to serve in § 785.3. 3. Mediation not involving USDA this objective in specific instances, Confidentiality means the mediator agencies and programs. Certified State USDA supports them under this shall not disclose any confidential mediation programs may offer program. Generally, however, FSA communication divulged during the mediation services on issues that do not views the use of grant funds to provide mediation process except as required by affect USDA agencies and programs. financial advisory or other services in § 3015.24 of this title in relation to an
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(ii) Provides mediation services for (1) Have a certified mediation FSA means the Farm Service Agency disputes involving agricultural loans program in accordance with § 785.5(b) , of USDA, or a successor agency. (includes both loan making and loan which certification has not been Mediation means a process in which servicing issues), or agricultural loans withdrawn; and a trained, neutral person assists and one or more of the following issues (2) Provide detailed estimates of the disputing parties in voluntarily reaching under the jurisdiction of USDA: cost of operating and administering the their own settlement of issues but has (A) Wetlands determinations; State’s mediation program; no authoritative decision-making power. (B) Compliance with farm programs, (b) Application. A State requesting a Qualifying State means a State with a including conservation programs; grant will submit to the Administrator: certified mediation program that has not (C) Rural water loan programs; (1) The standard form for Federal expired or been withdrawn under (D) Grazing on National Forest System assistance which can be obtained from § 785.5(b). lands; any FSA State office; USDA means the United States (E) Pesticides; or (2) Detailed estimates of the cost of Department of Agriculture. (F) Such other issues as the Secretary operation and administration of the considers appropriate; program; § 785.3 Process for certification. (iii) Is authorized or administered by (3) Information pertaining to the (a) Deadline for request. (1) On or an agency of the State government or by factors contained in paragraphs (c)(1) before August 1 of each year, the the Governor of the State; through (5) of this section; Governor of a State or head of a State (iv) Provides for training of mediators (4) Any additional information agency designated by the Governor of a in mediation skills and in all issues requested by FSA. State may submit a written request to covered by the State’s mediation (c) Distribution criteria. Grants will FSA to be certified as a qualifying State. program; fund mediation activities within the The State must be certified in order to (v) Provides that the mediation State programs that are consistent with be eligible for a USDA grant for the sessions, and records relating to the statutory purposes of the certified fiscal year commencing October 1 of mediation sessions, shall be mediation program and paragraph (g) of that same year. confidential; this section. Costs of services that are (2) Requests for certification will be (vi) Ensures that all lenders and not consistent with such purposes are accepted after August 1 of each year; borrowers of agricultural loans receive not considered part of the cost of however, the State will only be adequate notification of the mediation operation and administration of the considered in order of date received for program; and mediation program for the purpose of reserve grant funds available under (vii) Ensures, for issues other than determining the amount of the grant. § 785.4(c). agricultural loans covered by the State’s The factors used to determine the (b) Contents of request. The request mediation program, that persons amount of a grant to a certified State for certification must include: directly affected by an adverse decision include: (1) Documents and information in of an officer, employee, or committee of (1) Demand for and use of mediation support of the request concerning the a USDA agency receive adequate services (historical and anticipated); program, including: notification of the mediation program. (2) Issues available for mediation; (i) A description of the program; (viii) Prohibits discrimination in its (3) Demonstrated success of the (ii) Identification of issues available programs on the basis of race, color, program, such as: for mediation; national origin, sex, religion, age, (i) Number of inquiries; (iii) Management of the program; disability, political beliefs, and marital (ii) Number of requests for and use of (iv) Services offered by the program; or familial status. (v) Budget; mediation services; (4) If a grant is requested in (vi) Source and amount of State (iii) Number of resolutions; accordance with § 785.4, the request for funding; (iv) Timeliness of mediation services; (vii) Costs (fixed and variable); certification also must include the and (viii) Staffing level; information required by parts 3015 and (v) Activities promoting awareness (ix) Amount of contract labor; 3016 of this title and § 785.4(a)(2) and and use of mediation; (x) Relevant State statutes and (b). (4) Use of program funds (budget and regulations in effect; and (c) Request by qualifying State. If the actual); and (xi) Any other information requested State is a qualifying State at the time the (5) Material changes in the State by FSA; request is made, the written request program. (2) A description of the State need only describe the changes to the (d) Maximum grant amount; program’s education and training program since the previous year’s distribution. (1) A grant payment shall requirements for mediators including: request, together with such documents not exceed 70 percent of the eligible (i) Training in mediation skills and in and information as are necessary cost of operation and administration of USDA programs; and concerning such changes, and a the certified mediation program within (ii) Identification and compliance certification that the remaining elements the State consistent with the purposes of with any State law requirements. of the program will continue as this program. In no case will the total (3) A certification by the Governor, or described in the previous application. amount of a grant to any State exceed head of a State agency designated by the (d) Address. The request for $500,000 per fiscal year. Governor, that the State’s mediation certification should be mailed to: (2) Grant funds will be paid in program: Administrator, Farm Service Agency, advance, in installments throughout the
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Federal fiscal year as requested by a and liquidated by the State program in Principles found in part 3015, subpart certified program and approved by FSA. the subsequent fiscal year. T, of this title and OMB Circular No. A– The initial payment shall represent at (3) Grant funds not spent in 87; and least one-fourth of the State’s grant accordance with this subpart will be (iv) Services provided by a State award. The initial payment will be subject to de-obligation and must be program that are not consistent with the made as soon as practicable after returned to USDA. statutory purposes of the certified certification, or recertification, and after (g) Grant purposes. Grants made mediation program, including advocacy funds are appropriated and available. under this part will be used to pay for services on behalf of a mediation (3) Payment of grant funds will be by the eligible costs of operation and participant, such as representation electronic wire transfer to the administration of the State’s mediation before an administrative appeals entity designated account of each certified program, consistent with the statutory of USDA or other Federal Government State program, as approved by FSA. The purposes of this program. Authorized department. certified program shall submit to FSA uses of grant funds include only the (h) Reporting requirements. (1) the wire transfer information upon following: Qualifying States receiving grants must notice of certification, or recertification, (1) Eligible costs are limited to those provide to the FSA Administrator by and keep current such information. allowable under § 3016.22 of this title October 31 following the fiscal year of (e) Reserve. FSA will reserve that are reasonable and necessary to the grant, an annual report on: distribution to States of 10 percent of carry out the State’s certified mediation (i) The performance and effectiveness the grant allocated to each State. This program in providing mediation of the State’s certified mediation reserve requirement does not apply to services for agricultural producers and program; any State allocated a grant in the their creditors, and other persons (ii) Recommendations for improving amount of $50,000 or less. directly affected by actions of the USDA the delivery of mediation services to (1) As determined by the FSA within the State, in accordance with the producers; Administrator and consistent with the certified mediation grant program. (iii) The savings to the State as a limitations in paragraph (d) of this Eligible costs are: result of having a certified mediation (i) Staff salaries; section, the reserve will be allocated program; and (ii) Reasonable fees and costs of (iv) Such other matters relating to the and used to fund: mediators; (i) Grants to qualifying States that program as the State elects to report, or (iii) Office rent and expenses, such as as FSA may require. apply for certification after August 1; utilities and equipment rental; and (2) In addition to the auditing (iv) Office supplies; requirements of part 3015, subpart I and (ii) Excess demand for mediation (v) Administrative costs, such as § 3016.26 of this title, the qualifying services in certified States. workers’ compensation, liability State receiving a grant must submit an (2) The reserve will be allocated to insurance, employer’s share of Social audit report to the FSA Administrator in certified States as initially determined, Security, and travel that is necessary to accordance with OMB Circular A–128. except to the extent reduced, pro-rata, provide mediation services; (i) Access to records. Notwithstanding for amounts allocated under paragraph (vi) Education and training of the confidentiality of mediation (e)(1) of this section. mediators involved in mediation; sessions, the State must provide the (3) FSA will consider any State (vii) Security systems necessary to Government access to its records in request for reallocation of grant funds, assure confidentiality of mediation accordance with § 3015.24 of this title. appropriated by Congress for the current sessions and records of mediation State mediators will notify all year, based on excess demand made by sessions; participants in writing at the beginning any State and submitted on or before (viii) Costs associated with publicity of the mediation session that USDA, the March 1 of the fiscal year. and promotion of the program; and (ix) Financial advisory and counseling Comptroller General of the United (4) Reserve funds obligated under this States, the FSA Administrator, or any of part will be made available by March services: Provided, That: (A) They are incidental to a pending their representatives will have access to 31. mediation records to conduct an audit (f) Administration of grants. (1) FSA mediation case; (B) A financial need is demonstrated or evaluation of mediation services will administer the program in funded in whole or in part by USDA. accordance with the requirements of and approved under guidelines established by the State mediation The notice will be signed and dated by parts 3015 and 3016 of this title. Any all participants and placed in the State requesting and receiving a grant program and reported to FSA; (C) The work product of such services mediation file. must comply with the provisions of is available to all parties to the those regulations. § 785.5 Penalty for non-compliance. mediation; (2) A State program is encouraged to (D) Services are provided under (a) The Administrator is authorized to obligate its award funds within the control of the mediator; and withdraw certification of the program, Federal fiscal year of the award. Any (E) They are determined by the terminate or suspend the grant, and funds remaining unobligated by the mediator in advance to be reasonable impose any other penalties or sanctions State program at the end of the fiscal and necessary in the circumstances, and authorized by law if the Administrator year of award, however, may be carried consistent with the goal and purpose of determines that: forward for use in the next fiscal year mediation in a particular case. (1) A State’s certified mediation for costs resulting from obligations of (2) Grant funds may not be used for: program, at any time, does not meet the the subsequent funding period. Any (i) Purchase of capital assets, real requirements contained in § 785.3 for carryover balances plus any additional estate, or vehicles and repair or certification; obligated fiscal year grant will not maintenance of privately-owned (2) Grant funds are not being used as exceed the lesser of 70 percent of the property; required; State’s administrative cost for the (ii) Political activities; (3) The certified program is not being subsequent fiscal year, or $500,000. (iii) Routine administrative activities operated in accordance with the Carryover balances must be obligated not allowable under OMB Cost statutory purpose of the grant program,
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The actions specified by the proposal will be filed in the Rules access to mediation records in proposed AD are intended to detect and Docket. accordance with § 785.4. correct fatigue cracking, which could Commenters wishing the FAA to (b) In the event that any penalty or result in uncontrolled depressurization acknowledge receipt of their comments withdrawal of certification for non- of the airplane and/or reduced submitted in response to this notice compliance is enforced, USDA agencies structural integrity of the fuselage. must submit a self-addressed, stamped will cease to participate in mediation DATES: Comments must be received by postcard on which the following conducted by the State certified December 9, 1999. statement is made: ‘‘Comments to mediation program. ADDRESSES: Submit comments in Docket Number 98–NM–192–AD.’’ The postcard will be date stamped and § 785.6 Nondiscrimination. triplicate to the Federal Aviation Administration (FAA), Transport returned to the commenter. The provisions of parts 15, 15b and Airplane Directorate, ANM–114, 1901, subpart E, of this title and part 90 Availability of NPRMs Attention: Rules Docket No. 98–NM– of title 45 apply to activities financed by Any person may obtain a copy of this 192–AD, 1601 Lind Avenue, SW., grants made under this part. NPRM by submitting a request to the Renton, Washington 98055–4056. FAA, Transport Airplane Directorate, § 785.7 OMB Control Number. Comments may be inspected at this ANM–114, Attention: Rules Docket No. location between 9:00 a.m. and 3:00 The information collection 98–NM–192–AD, 1601 Lind Avenue, p.m., Monday through Friday, except requirements in this regulation have SW., Renton, Washington 98055–4056. been approved by the Office of Federal holidays. Management and Budget and assigned The service information referenced in Discussion OMB control number 0560–0165. the proposed rule may be obtained from On July 11, 1997, the FAA issued AD Bombardier, Inc., Canadair, Aerospace 97–14–11, amendment 39–10082 (62 FR PART 1946Ð[REMOVED AND Group, P.O. Box 6087, Station Centre- 38206, July 17, 1997), applicable to RESERVED] ville, Montreal, Quebec H3C 3G9, certain Bombardier Model CL–600– Canada. This information may be 2. Part 1946 is removed and reserved. 2B19 (Regional Jet Series 100 and 200) examined at the FAA, Transport series airplanes, to require repetitive Signed at Washington, DC, on October 29, Airplane Directorate, 1601 Lind inspections to detect cracks of a certain 1999. Avenue, SW., Renton, Washington; or at bulkhead web of the fuselage at certain August Schumacher, Jr., the FAA, Engine and Propeller locations, and repair, if necessary. That Under Secretary for Farm and Foreign Directorate, New York Aircraft action was prompted by a report of a Agricultural Services. Certification Office, 10 Fifth Street, pressurization problem during flight, [FR Doc. 99–29212 Filed 11–8–99; 8:45 am] Third Floor, Valley Stream, New York. which was caused by fatigue cracking in BILLING CODE 3410±05±P FOR FURTHER INFORMATION CONTACT: the underfloor pressure bulkhead of the George Duckett, Aerospace Engineer, fuselage. The requirements of that AD Airframe and Propulsion Branch, ANE– are intended to detect and correct such DEPARTMENT OF TRANSPORTATION 171, FAA, Engine and Propeller fatigue cracking, which could result in Directorate, New York Aircraft uncontrolled depressurization of the Federal Aviation Administration Certification Office, 10 Fifth Street, airplane and/or reduced structural Third Floor, Valley Stream, New York integrity of the fuselage. 14 CFR Part 39 11581; telephone (516) 256–7525; fax [Docket No. 98±NM±192±AD] (516) 568–2716. Actions Since Issuance of Previous Rule SUPPLEMENTARY INFORMATION: In the preamble of AD 97–14–11, the RIN 2120±AA64 FAA indicated that the actions required Comments Invited Airworthiness Directives; Bombardier by that AD were considered ‘‘interim Model CL±600±2B19 (Regional Jet Interested persons are invited to action’’ and that further rulemaking Series 100) Series Airplanes participate in the making of the action was being considered to require proposed rule by submitting such modification of the affected fuselage AGENCY: Federal Aviation written data, views, or arguments as frames once new service information Administration, DOT. they may desire. Communications shall was available. The manufacturer has ACTION: Notice of proposed rulemaking identify the Rules Docket number and now released such information, and the (NPRM). be submitted in triplicate to the address FAA has determined that further specified above. All communications rulemaking is indeed necessary; this SUMMARY: This document proposes the received on or before the closing date proposed AD follows from that supersedure of an existing airworthiness for comments, specified above, will be determination. directive (AD), applicable to certain considered before taking action on the Bombardier Model CL–600–2B19 proposed rule. The proposals contained Issuance of New Service Information (Regional Jet Series 100 and 200) series in this notice may be changed in light The manufacturer has issued Canadair airplanes, that currently requires of the comments received. Regional Jet Alert Service Bulletin repetitive inspections to detect cracks of Comments are specifically invited on A601R–53–045, Revision ‘D,’ including a certain bulkhead web of the fuselage the overall regulatory, economic, Appendix 1, dated December 22, 1997, at certain locations, and repair, if environmental, and energy aspects of which describes procedures for necessary. This action would revise the the proposed rule. All comments repetitive detailed inspections to detect repetitive inspection intervals for submitted will be available, both before cracks of a certain bulkhead web of the certain airplanes, and would require and after the closing date for comments, fuselage at certain locations; and follow- modification or repair, as applicable. in the Rules Docket for examination by on corrective actions, if necessary. The
VerDate 29-OCT-99 15:23 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\09NOP1.XXX pfrm04 PsN: 09NOP1 61040 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Proposed Rules inspections also involve determining determined that AD action is necessary inspection compliance time for this AD, whether a crack located at the pressure for products of this type design that are the FAA considered not only the bulkhead of frame station (FS)409+128 certificated for operation in the United manufacturer’s recommendation, but is within certain limits specified in the States. also the degree of urgency associated alert service bulletin. with addressing the subject unsafe Explanation of Requirements of In the event that a crack is determined condition. In light of these factors, the Proposed Rule to be outside the limits specified in Part FAA finds a compliance time of 20 A of the Accomplishment Instructions Since an unsafe condition has been flight hours for initiating the required of the alert service bulletin, the follow- identified that is likely to exist or actions to be warranted, in that it on corrective actions would include a develop on other airplanes of the same represents an appropriate interval of high frequency eddy current (HFEC) type design registered in the United time allowable for affected airplanes to inspection of the forward side of the States, the proposed AD would continue to operate without web, to detect cracks of fuselage supersede AD 97–14–11 to continue to compromising safety. FS409+128 bulkhead web along the require repetitive inspections to detect Operators also should note that, upper edge of the horizontal angle. As cracks of a certain bulkhead web of the although the Canadair Regional Jet listed in Part A of paragraph 2.B. of the fuselage at certain locations. This Service Bulletins A601R–53–045, Accomplishment Instructions, airplanes proposed AD would revise the repetitive Revision ‘D,’ and 601R–53–046, may be returned to service provided that inspection intervals for certain Revision ‘B,’ specify that the any cracking detected is within certain airplanes, and would require manufacturer may be contacted for limits specified in the alert service modification or repair, as applicable. disposition of certain cracking bulletin. Accomplishment of the modification or conditions, this proposal would require The manufacturer also has issued repair would terminate the requirements the repair of those conditions to be Canadair Regional Jet Service Bulletin of this proposed AD. Certain actions accomplished in accordance with a 601R–53–046, Revision ‘B,’ dated would be required to be accomplished method approved by the FAA. December 22, 1997, which describes in accordance with the service bulletins procedures for repair of the pressure described previously. Differences Between Proposed Rule and bulkhead at FS409+128. Operators should note that, while it is Foreign Airworthiness Directive The manufacturer also has issued not the FAA’s normal policy to allow The proposed AD would differ from Canadair Regional Jet Service Bulletin flight with known cracks, this AD does the parallel Canadian airworthiness 601R–53–047, Revision ‘D,’ including permit further flight with cracking directive in that it would require Appendix 1 and Appendix 2, dated within certain limits. The results of a accomplishment of the modification December 22, 1997, describes review, conducted by the manufacturer, described in Canadair Regional Jet procedures for modification of the revealed that cracking in the underfloor Service Bulletin 601R–53–047, Revision affected areas of the pressure bulkhead pressure bulkhead of the fuselage will ‘D,’ within 9 months after the effective at FS409+128. This modification is only not result in rapid decompression of the date of this AD. The parallel Canadian applicable to those airplanes that have airplane. Therefore, according to the airworthiness directive recommends, been inspected and are found to be free review, if the crack size limits are but does not require, the of cracks. The modification involves the strictly observed and if repetitive accomplishment of the modification. installation of reinforcement inspections are performed at the Additionally, in the event that cracking components for the pressure bulkhead required intervals, cracks that grow within certain limits is found, this at FS409+128. beyond the limits will be detected, and proposed AD would require a repair to Accomplishment of the actions corrective action taken, before they can be accomplished within 6 months after specified in the service bulletins is grow to a size that would create an the effective date of this AD, or within intended to adequately address the unacceptable risk of structural failure. 3 months after the initial date the crack identified unsafe condition. Transport Transport Canada Civil Aviation was detected, whichever occurs later. Canada Civil Aviation (TCCA) classified concurs with the findings of this review. The Canadian airworthiness directive Canadair Regional Jet Service Bulletins In consideration of these findings and specifies that the airplane may be A601R–53–045 and 601R–53–046 as based on the FAA’s criteria for flight returned to service provided that re- mandatory, but did not classify Service with known cracking, the FAA has inspections are accomplished at certain Bulletin 601R–53–047 as mandatory, determined that further flight with flight hour intervals. The FAA has and issued Canadian airworthiness cracking within certain limits in the determined that, in this case long-term directive CF–97–11R2, dated December center pressure bulkhead is permissible continued operational safety will be 22, 1997, in order to assure the for an interim period. adequately assured by accomplishing continued airworthiness of these the modification or repair to remove the Differences Between Proposed Rule and airplanes in Canada. source of the problem, rather than by Service Bulletin accomplishing repetitive inspections at FAA’s Conclusions Operators should note that the certain flight hour intervals. This airplane model is manufactured Canadair Regional Jet Alert Service in Canada and is type certificated for Bulletin A601R–53–045, Revision ‘D,’ Explanation of Applicability operation in the United States under the including Appendix 1, dated December The applicability of this proposed AD provisions of § 21.29 of the Federal 22, 1997, recommends that the initial would affect Bombardier Model CL– Aviation Regulations (14 CFR 21.29) inspection be performed no later than 600–2B19 (Regional Jet Series 100) and the applicable bilateral 10 flight hours after the alert service series airplanes, whereas the previously airworthiness agreement. Pursuant to bulletin date of issuance. This proposed issued AD 97–14–11 addressed this bilateral airworthiness agreement, AD would increase the initial inspection Bombardier Model CL–600–2B19 TCCA has kept the FAA informed of the threshold to require the initial (Regional Jet Series 100 and 200) series situation described above. The FAA has inspection be performed within 20 flight airplanes. The FAA inadvertently examined the findings of TCCA, hours after the effective date of this AD. referenced Bombardier Model CL–600– reviewed all available information, and In developing an appropriate initial 2B19 (Regional Jet Series 200) series
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Therefore, of the requirements of this AD is affected, the certificated in the U.S. in accordance with Executive Order owner/operator must request approval for an Additionally, the applicability of this 12612, it is determined that this alternative method of compliance in proposed AD excludes any airplane on accordance with paragraph (d)(1) of this AD. proposal would not have sufficient The request should include an assessment of which Canadair Regional Jet Service federalism implications to warrant the the effect of the modification, alteration, or Bulletins 601R–53–046, Revision ‘B,’ preparation of a Federalism Assessment. repair on the unsafe condition addressed by dated December 22, 1997, and 601R–53– For the reasons discussed above, I this AD; and, if the unsafe condition has not 047, Revision ‘D,’ including Appendix 1 certify that this proposed regulation (1) been eliminated, the request should include and Appendix 2, dated December 22, is not a ‘‘significant regulatory action’’ specific proposed actions to address it. 1997, has been accomplished. under Executive Order 12866; (2) is not Compliance: Required as indicated, unless accomplished previously. Cost Impact a ‘‘significant rule’’ under the DOT Regulatory Policies and Procedures (44 To detect and correct fatigue cracking in There are approximately 77 airplanes FR 11034, February 26, 1979); and (3) if the underfloor pressure bulkhead of the of U.S. registry that would be affected fuselage, which could result in uncontrolled promulgated, will not have a significant depressurization of the airplane and/or by this proposed AD. economic impact, positive or negative, The inspection that is currently reduced structural integrity of the fuselage, on a substantial number of small entities accomplish the following: required by AD 97–14–11 takes under the criteria of the Regulatory Detailed Visual Inspections approximately 2 work hours per Flexibility Act. A copy of the draft airplane to accomplish, at an average regulatory evaluation prepared for this (a) Perform a detailed visual inspection to labor rate of $60 per work hour. Based action is contained in the Rules Docket. detect cracks at FS409+128 of the bulkhead on these figures, the cost impact of the web drawing number 601R32208–123 of the A copy of it may be obtained by fuselage, in accordance with Canadair currently required inspection on U.S. contacting the Rules Docket at the operators is estimated to be $9,960, or Regional Jet Alert Service Bulletin A601R– location provided under the caption 53–045, Revision ‘D,’ including Appendix 1 $120 per airplane, per inspection cycle. ADDRESSES. and Appendix 2, dated December 22, 1997, The repair that is proposed in this AD at the time specified in paragraph (a)(1) or action would take approximately 300 List of Subjects in 14 CFR Part 39 (a)(2) of this AD, as applicable, until work hours per airplane to accomplish, Air transportation, Aircraft, Aviation accomplishment of paragraph (b) or (c) of this at an average labor rate of $60 per work safety, Safety. AD, as applicable. hour. Required parts would cost (1) For airplanes that have accomplished a approximately $1,828. Based on these The Proposed Amendment detailed visual inspection in accordance with AD 97–14–11 prior to the effective date of figures, the cost impact of the repair on Accordingly, pursuant to the U.S. operators is estimated to be $19,828 this AD: Perform a subsequent detailed visual authority delegated to me by the inspection prior to the accumulation of 1,000 per airplane. Administrator, the Federal Aviation total flight hours, or within 100 flight hours The modification that is proposed in Administration proposes to amend part after the immediately preceding inspection this AD action would take 39 of the Federal Aviation Regulations accomplished in accordance with AD 97–14– approximately 212 hours per airplane to (14 CFR part 39) as follows: 11, whichever occurs later. Thereafter, repeat accomplish, at an average labor rate of the inspection at intervals not to exceed 100 $60 per work hour. Required parts PART 39ÐAIRWORTHINESS flight hours. would cost approximately $935. Based DIRECTIVES (2) For airplanes that have not on these figures, the cost impact of the accomplished a detailed visual inspection in modification on U.S. operators is 1. The authority citation for part 39 accordance with AD 97–14–11 prior to the continues to read as follows: effective date of this AD: Perform a detailed estimated to be $13,655 per airplane. visual inspection within 20 flight hours after The cost impact figures discussed Authority: 49 U.S.C. 106(g), 40113, 44701. the effective date of this AD. Perform a above are based on assumptions that no subsequent detailed visual inspection prior § 39.13 [Amended] operator has yet accomplished any of to the accumulation of 1,000 total flight the current or proposed requirements of 2. Section 39.13 is amended by hours, or within 100 flight hours after this AD action, and that no operator removing amendment 39–10082 (62 FR accomplishment of the immediately would accomplish those actions in the 38206, July 17, 1997), and by adding a preceding inspection, whichever occurs later. future if this AD were not adopted. new airworthiness directive (AD), to Thereafter, repeat the inspection at intervals However, the FAA has been advised read as follows: not to exceed 100 flight hours. Note 2: For the purposes of this AD, a that the manufacturer has committed Bombardier, Inc. (Formerly Canadair): detailed visual inspection is defined as: ‘‘An previously to its customers that it will Docket 98–NM–192–AD. Supersedes AD intensive visual examination of a specific bear the labor costs associated with the 97–14–11, Amendment 39–10082. structural area, system, installation, or repair and modification associated with Applicability: Model CL–600–2B19 assembly to detect damage, failure, or accomplishing the actions required by (Regional Jet Series 100) series airplanes, irregularity. Available lighting is normally this AD. Additionally, the manufacturer serial numbers 7003 through 7185 inclusive; supplemented with a direct source of good has indicated the warranty remedies except those airplanes on which Canadair lighting at intensity deemed appropriate by may be available to defer the cost of the Regional Jet Service Bulletin 601R–53–046, the inspector. Inspection aids such as mirror, replacement parts also associated with Revision ‘B,’ dated December 22, 1997, or magnifying lenses, etc. may be used. Surface 601R–53–047, Revision ‘D,’ including cleaning and elaborate access procedures accomplishing the actions required by Appendix 1 and Appendix 2, dated may be required.’’ this proposed AD. December 22, 1997, has been accomplished; Note 3: Accomplishment of the inspection Regulatory Impact certificated in any category. required by paragraph (a) of this AD, prior to Note 1: This AD applies to each airplane the effective date of this AD in accordance The regulations proposed herein identified in the preceding applicability with Canadair Regional Jet Alert Service would not have substantial direct effects provision, regardless of whether it has been Bulletin A601R–53–045, dated June 25, 1997; on the States, on the relationship otherwise modified, altered, or repaired in Revision ‘A,’ including Appendix 1, dated between the national government and the area subject to the requirements of this June 26, 1997; Revision ‘B,’ including the States, or on the distribution of AD. For airplanes that have been modified, Appendix 1, dated June 27, 1997; or Revision
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‘C,’ including Appendix 1, dated July 2, number 601R32208–123, along the upper Special Flight Permits 1997; is considered acceptable for edge of the horizontal angle part number (e) Special flight permits may be issued in compliance with the applicable action 601R32208–73, in accordance with Part B of accordance with §§ 21.197 and 21.199 of the specified by this AD. paragraph 2.B. of the Accomplishment Federal Aviation Regulations (14 CFR 21.197 Modification Instructions of the alert service bulletin. and 21.199) to operate the airplane to a (i) If, during any HFEC inspection required location where the requirements of this AD (b) For any airplane on which no cracking by paragraph (c)(2) of this AD, any cracking can be accomplished. has been detected during any inspection is detected that is within the limits specified Note 7: The subject of this AD is addressed required by paragraph (a) of this AD: Within by Part B of paragraph 2.B. of the 9 months after the effective date of this AD, in Canadian airworthiness directive CF–97– Accomplishment Instructions of the alert modify FS409+128 of the bulkhead web 11R2, dated December 22, 1997. service bulletin, accomplish the requirements drawing number 601R32208–123 of the of paragraphs (c)(2)(i)(A) and (c)(2)(i)(B) of Issued in Renton, Washington, on fuselage in accordance with Canadair November 2, 1999. Regional Jet Service Bulletin 601R–53–047, this AD at the times specified in those D.L. Riggin, including Appendix 1, Revision ‘D,’ dated paragraphs. December 22, 1997. Accomplishment of this (A) Repeat the HFEC inspection required Acting Manager, Transport Airplane modification terminates the requirements of by paragraph (c)(2) of this AD thereafter at Directorate, Aircraft Certification Service. this AD. intervals not to exceed 50 flight hours, and [FR Doc. 99–29177 Filed 11–8–99; 8:45 am] repeat the detailed visual inspection required Note 4: Any modification accomplished BILLING CODE 4910±13±U prior to the effective date of this AD in by paragraph (a) of this AD thereafter at accordance with Canadair Regional Jet interval not to exceed 100 flight hours; and Service Bulletin 601R–53–047, including (B) Within 6 months after the effective date DEPARTMENT OF TRANSPORTATION Appendix 1 and Appendix 2, dated July 18, of this AD, or within 3 months after the 1997; Revision ‘A,’ including Appendix 1, initial date the crack was detected, Federal Aviation Administration dated July 31, 1997; Revision ‘B,’ including whichever occurs later: Repair the affected Appendix 1, dated August 22, 1997; or area in accordance with Canadair Regional 14 CFR Part 39 Revision ‘C,’ including Appendix 1, dated Jet Service Bulletin 601R–53–046, Revision October 7, 1997; is considered acceptable for ‘B,’ dated December 22, 1997. [Docket No. 99±NE±31±AD] compliance with the applicable actions Accomplishment of this repair terminates the required by this AD. requirements of this AD. RIN 2120±AA64 (ii) If, during any HFEC inspection Repair required by paragraph (c)(2) of this AD, any Airworthiness Directives; Air Cruisers (c) For any airplane on which any cracking cracking is detected that is outside the limits Company Emergency Evacuation is detected during any inspection required by specified by Part B of paragraph 2.B. of the Slide/Rafts paragraph (a) of this AD: Prior to further Accomplishment Instructions of the alert flight, determine the extent of the cracking as service bulletin, prior to further flight, AGENCY: Federal Aviation specified in Part A of paragraph 2.B. of the determine the extent of the cracking as Administration, DOT. Accomplishment Instructions of Canadair specified in paragraph 1.D. (‘‘Compliance’’) ACTION: Notice of proposed rulemaking Regional Jet Alert Service Bulletin A601R– of Canadair Regional Jet Service Bulletin (NPRM). 53–045, Revision ‘D,’ including Appendix 1, 601R–53–046, Revision ‘B,’ dated December dated December 22, 1997, and accomplish 22, 1997, and accomplish the requirements of SUMMARY: This document proposes the the requirements of paragraph (c)(1) or (c)(2), paragraph (c)(2)(ii)(A) or (c)(2)(ii)(B) of this adoption of a new airworthiness as applicable. AD, as applicable. (1) If the cracking is within the limits directive (AD) that is applicable to (A) If the cracking is within the limits specified by Part A of paragraph 2.B. of the certain Air Cruisers Company specified by paragraph 1.D. (‘‘Compliance’’) Accomplishment Instructions of the alert emergency evacuation slide/rafts. This of the service bulletin, prior to further flight, service bulletin, accomplish the requirements proposal would require a one-time of paragraphs (c)(1)(i) and (c)(1)(ii) of this AD repair in accordance with the service repacking of affected slide/rafts bulletin. Accomplishment of this repair at the time specified in those paragraphs. identified by serial numbers, and (i) Repeat the detailed visual inspection terminates the requirements of this AD. (B) If the cracking is outside the limits repetitive folding of all affected slide/ required by paragraph (a) of this AD rafts whenever the slide/rafts are thereafter at intervals not to exceed 100 flight specified by paragraph 1.D. (‘‘Compliance’’) hours; and of the service bulletin, prior to further flight, removed from the airplane during (ii) Within 6 months after the effective date repair in accordance with a method approved scheduled aircraft maintenance. This of this AD, or within 3 months after the by the Manager, New York Aircraft proposal is prompted by reports of initial date the crack was detected, Certification Office (ACO). separation of the lower aspirator during whichever occurs later: Repair the affected Alternative Methods of Compliance a number of deployments. The actions area in accordance with Canadair Regional specified by the proposed AD are Jet Service Bulletin 601R–53–046, Revision (d)(1) An alternative method of compliance intended to prevent failure of the slide or adjustment of the compliance time that ‘B,’ dated December 22, 1997. to properly inflate, which could result Accomplishment of this repair terminates the provides an acceptable level of safety may be requirements of this AD. used if approved by the Manager, New York in the inability to evacuate the passenger cabin in the event of an Note 5: Any repair accomplished prior to ACO. Operators shall submit their requests the effective date of this AD in accordance through an appropriate FAA Principal aircraft emergency. with Canadair Regional Jet Service Bulletin Maintenance Inspector, who may add DATES: Comments must be received by 601R–53–046, dated June 27, 1997, or comments and then send it to the Manager, January 10, 2000. New York ACO. Revision ‘A,’ dated July 2, 1997, is ADDRESSES: Submit comments to the (d)(2) Alternative methods of compliance, considered acceptable for compliance with Federal Aviation Administration (FAA), the applicable actions specified by this AD. approved previously in accordance with AD 97–14–11, amendment 39–10082, are New England Region, Office of the (2) If the cracking is outside the limits Regional Counsel, Attention: Rules specified by Part A of the Accomplishment approved as alternative methods of Instructions of the alert service bulletin, prior compliance for this AD. Docket No. 99–NE–31–AD, 12 New to further flight, perform a high frequency Note 6: Information concerning the England Executive Park, Burlington, MA eddy current (HFEC) inspection to detect existence of approved alternative methods of 01803–5299. Comments may also be cracks of the forward side of the web of compliance with this AD, if any, may be sent via the Internet using the following fuselage FS409+128 bulkhead web drawing obtained from the New York ACO. address: ‘‘[email protected]’’.
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Comments sent via the Internet must Docket No. 99–NE–31–AD, 12 New 74 slide/rafts installed on airplanes of contain the docket number in the England Executive Park, Burlington, MA US registry would be affected by this subject line. Comments may be 01803–5299. proposed AD, that it would take inspected at this location between 8:00 approximately 10 work hours per slide/ Discussion a.m. and 4:30 p.m., Monday through raft to accomplish the repacking, and Friday, except Federal holidays. The Federal Aviation Administration that the average labor rate is $60 per The service information referenced in (FAA) has received reports of separation work hour. Based on these figures, the the proposed rule may be obtained from of the lower aspirator during a number total cost impact of the proposed AD on Air Cruisers Company, Technical of deployments of Air Cruisers US operators is estimated to be $44,400. Publications Department, PO Box 180, Company emergency evacuation slide/ Regulatory Impact Belmar, NJ 07719–0180; telephone (732) rafts, part numbers (P/Ns) 62774–401, 681–3527, fax (732) 280–8212. This 62774–402, 62774–403, 62774–404, The regulations proposed herein information may be examined at the 62774–405, 62774–406, 62774–407 and would not have substantial direct effects FAA, New England Region, Office of the 62774–408. The investigation revealed on the States, on the relationship Regional Counsel, 12 New England that the lower aspirator is not being between the national government and Executive Park, Burlington, MA. placed and set correctly within the pack the States, or on the distribution of FOR FURTHER INFORMATION CONTACT: Ezra during manufacture. No incidents have power and responsibilities among the Sasson, Aerospace Engineer, New York been reported from the field. However, various levels of government. Therefore, Aircraft Certification Office, FAA, 8 incidents occurred at Air Cruisers in accordance with Executive Order Engine and Propeller Directorate, 10 Company and at Boeing during quality 12612, it is determined that this Fifth Street, 3rd floor, Valley Stream, control functionality inspections. This proposal would not have sufficient NY 11581–1200; telephone (516) 256- condition, if not corrected, could result federalism implications to warrant the 7520, fax (516) 568–2716. in failure of the slide/raft to properly preparation of a Federalism Assessment. inflate, which could result in the For the reasons discussed above, I SUPPLEMENTARY INFORMATION: inability to evacuate the passenger cabin certify that this proposed regulation (1) Comments Invited in the event of an aircraft emergency. Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) Is not Interested persons are invited to Service Information a ‘‘significant rule’’ under the DOT participate in the making of the The FAA has reviewed and approved Regulatory Policies and Procedures (44 proposed rule by submitting such the technical contents of Air Cruisers FR 11034, February 26, 1979); and (3) If written data, views, or arguments as Company Service Bulletin (SB) 777- promulgated, will not have a significant they may desire. Communications 107–25–06, dated February 19, 1999, economic impact, positive or negative, should identify the Rules Docket that identifies improperly packed slide/ on a substantial number of small entities number and be submitted in triplicate to rafts by serial number (S/N), and under the criteria of the Regulatory the address specified above. All describes procedures for repacking of Flexibility Act. A copy of the draft communications received on or before affected slide/rafts; and slide/raft regulatory evaluation prepared for this the closing date for comments, specified folding procedure P–12054 and P– action is contained in the Rules Docket. above, will be considered before taking 12064, Revision E, dated October 14, A copy of it may be obtained by action on the proposed rule. The 1998. contacting the Rules Docket at the proposals contained in this notice may location provided under the caption be changed in light of the comments Proposed Actions ADDRESSES.. received. Since an unsafe condition has been Comments are specifically invited on identified that is likely to exist or List of Subjects in 14 CFR Part 39 the overall regulatory, economic, develop on other slide/rafts of this same Air transportation, Aircraft, Aviation environmental, and energy aspects of design, the proposed AD would require safety, Safety. the proposed rule. All comments one-time repacking of affected slide/ submitted will be available, both before rafts identified by S/N within 2 months The Proposed Amendment and after the closing date for comments, (after the effective date of this AD, and Accordingly, pursuant to the in the Rules Docket for examination by for uninstalled slide/rafts, prior to authority delegated to me by the interested persons. A report installation. The compliance time is Administrator, the Federal Aviation summarizing each FAA-public contact based upon risk analysis. In addition, Administration proposes to amend part concerned with the substance of this this AD would require folding of slide/ 39 of the Federal Aviation Regulations proposal will be filed in the Rules rafts that are removed for scheduled (14 CFR part 39) as follows: Docket. maintenance within 18 months after the Commenters wishing the FAA to effective date of this AD, and repetitive PART 39ÐAIRWORTHINESS acknowledge receipt of their comments folding whenever the slide/rafts are DIRECTIVES submitted in response to this notice removed from the airplane during 1. The authority citation for part 39 must submit a self-addressed, stamped scheduled aircraft maintenance, in continues to read as follows: postcard on which the following accordance with the latest FAA- statement is made: ‘‘Comments to approved folding procedure. The Authority: 49 U.S.C. 106(g), 40113, 44701. Docket Number 99–NE–31–AD.’’ The actions would be required to be § 39.13 [Amended] postcard will be date stamped and accomplished in accordance with the returned to the commenter. service documents described 2. Section 39.13 is amended by previously. adding the following new airworthiness Availability of NPRMs directive: Any person may obtain a copy of this Economic Analysis Air Cruisers Company: Docket No. 99–NE– NPRM by submitting a request to the There are approximately 314 slide/ 31–AD. FAA, New England Region, Office of the rafts of the affected design in the Applicability: Air Cruisers Company Regional Counsel, Attention: Rules worldwide fleet. The FAA estimates that emergency evacuation slide/rafts, part
VerDate 29-OCT-99 15:23 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\09NOP1.XXX pfrm04 PsN: 09NOP1 61044 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Proposed Rules numbers (P/Ns) 62774–62774–401, 62774– of the Federal Aviation Regulations (14 CFR Transport Airplane Directorate, 1601 402, 62774–403, 62774–404, 62774–405, 21.197 and 21.199) to operate the airplane to Lind Avenue, SW., Renton, Washington 62774–406, 62774–407 and 62774–408, a location where the requirements of this AD 98055–4056; telephone (425) 227–2110; installed on but not limited to Boeing 777– can be accomplished. fax (425) 227–1149. 200 and –300 series airplanes. Issued in Burlington, Massachusetts, on SUPPLEMENTARY INFORMATION: Note 1: This airworthiness directive (AD) November 3, 1999. applies to each slide/raft identified in the Mark C. Fulmer, Comments Invited preceding applicability provision, regardless of whether it has been modified, altered, or Acting Manager, Engine and Propeller Interested persons are invited to repaired in the area subject to the Directorate, Aircraft Certification Service. participate in the making of the requirements of this AD. For slide/rafts that [FR Doc. 99–29332 Filed 11–8–99; 8:45 am] proposed rule by submitting such have been modified, altered, or repaired so BILLING CODE 4910±13±U written data, views, or arguments as that the performance of the requirements of they may desire. Communications shall this AD is affected, the owner/operator must identify the Rules Docket number and request approval for an alternative method of DEPARTMENT OF TRANSPORTATION be submitted in triplicate to the address compliance in accordance with paragraph (c) specified above. All communications of this AD. The request should include an Federal Aviation Administration assessment of the effect of the modification, received on or before the closing date for comments, specified above, will be alteration, or repair on the unsafe condition 14 CFR Part 39 addressed by this AD; and, if the unsafe considered before taking action on the condition has not been eliminated, the [Docket No. 98±NM±259±AD] proposed rule. The proposals contained request should include specific proposed in this notice may be changed in light RIN 2120±AA64 actions to address it. of the comments received. Compliance: Required as indicated, unless Airworthiness Directives; Aerospatiale Comments are specifically invited on accomplished previously. the overall regulatory, economic, To prevent failure of the slide to Model ATR±42 and ATR±72 Series Airplanes environmental, and energy aspects of properly inflate, which could result in the proposed rule. All comments the inability to evacuate the passenger AGENCY: Federal Aviation submitted will be available, both before cabin in the event of an aircraft Administration, DOT. and after the closing date for comments, emergency, accomplish the following: ACTION: Notice of proposed rulemaking in the Rules Docket for examination by Repacking (NPRM); rescission. interested persons. A report (a) For slide/rafts listed by serial number summarizing each FAA-public contact (S/N) in Air Cruisers Company Service SUMMARY: This document proposes to concerned with the substance of this Bulletin (SB) 777–107–25–06, dated February rescind an existing airworthiness proposal will be filed in the Rules 19, 1999, accomplish the following: directive (AD), applicable to all Docket. (1) For slide/rafts currently installed on Aerospatiale Model ATR–42 and ATR– Commenters wishing the FAA to aircraft, repack within 2 months after the 72 series airplanes, that currently acknowledge receipt of their comments effective date of this AD, in accordance with requires revising the Airplane Flight submitted in response to this notice the procedures described in Air Cruisers Manual (AFM) to add specific must submit a self-addressed, stamped Company SB 777–107–25–06, dated February 19, 1999. flightcrew instructions to be followed in postcard on which the following (2) For uninstalled slide/rafts, prior to the event of failure of the first generator, statement is made: ‘‘Comments to installation repack in accordance with the which could lead to the loss of main Docket Number 98–NM–259–AD.’’ The procedures described in Air Cruisers battery power and result in the loss of postcard will be date stamped and Company SB 777–107–25–06, dated February all electrical power, except the returned to the commenter. 19, 1999. emergency battery supply, during flight. Availability of NPRMs Folding Since the issuance of that AD, the FAA has received further information Any person may obtain a copy of this (b) Fold slides whenever the slide/rafts are NPRM by submitting a request to the removed from the airplane during scheduled indicating that the incident that aircraft maintenance, in accordance with Air prompted that AD was an isolated case. FAA, Transport Airplane Directorate, Cruisers Company folding procedure P-12054 DATES: Comments must be received by ANM–114, Attention: Rules Docket No. and P–12064, Revision E, dated October 14, December 9, 1999. 98–NM–259–AD, 1601 Lind Avenue, 1998. SW., Renton, Washington 98055–4056. ADDRESSES: Submit comments in Alternative Methods of Compliance triplicate to the Federal Aviation Discussion (c) An alternative method of compliance or Administration (FAA), Transport On April 20, 1998, the FAA issued adjustment of the compliance time that Airplane Directorate, ANM–114, AD 98–09–16, amendment 39–10497 (63 provides an acceptable level of safety may be Attention: Rules Docket No. 98–NM– FR 20064, April 23, 1998), applicable to used if approved by the Manager, New York 259–AD, 1601 Lind Avenue, SW., all Aerospatiale Model ATR–42 and Aircraft Certification Office. Operators shall Renton, Washington 98055–4056. submit their request through an appropriate ATR–72 series airplanes, to require FAA Principal Maintenance Inspector, who Comments may be inspected at this revising the Airplane Flight Manual may add comments and then send it to the location between 9 a.m. and 3 p.m., (AFM) to add specific flightcrew Manager, New York Aircraft Certification Monday through Friday, except Federal instructions to be followed in the event Office. holidays. of failure of one or both of the direct Note 2: Information concerning the Information pertaining to this current (DC) generators. That action was existence of approved alternative methods of proposed rule may be examined at the prompted by issuance of mandatory compliance with this airworthiness directive, FAA, Transport Airplane Directorate, continuing airworthiness information by if any, may be obtained from the New York 1601 Lind Avenue, SW., Renton, a foreign civil airworthiness authority. Aircraft Certification Office. Washington. The actions specified in that AD are Ferry Flights FOR FURTHER INFORMATION CONTACT: intended to prevent failure of the (d) Special flight permits may be issued in Norman B. Martenson, Manager, second of two DC generators after the accordance with sections 21.197 and 21.199 International Branch, ANM–116, FAA, failure of the first generator. Such
VerDate 29-OCT-99 15:23 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\09NOP1.XXX pfrm04 PsN: 09NOP1 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Proposed Rules 61045 failures, if not corrected, could lead to the AFM revision is estimated to be Issued in Renton, Washington, on the loss of main battery power and $8,700, or $60 per airplane. November 3, 1999. result in the loss of all electrical power, D.L. Riggin, except the emergency battery supply, Regulatory Impact Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. during flight. The regulations proposed herein [FR Doc. 99–29331 Filed 11–8–99; 8:45 am] Actions Since Issuance of Previous Rule would not have substantial direct effects BILLING CODE 4910±13±U Since the issuance of that AD, the on the States, on the relationship Direction Ge´ne´rale de l’Aviation Civile between the national government and the States, or on the distribution of (DGAC), which is the airworthiness DEPARTMENT OF HEALTH AND power and responsibilities among the authority for France, has advised the HUMAN SERVICES FAA that the unsafe condition various levels of government. Therefore, identified in French airworthiness in accordance with Executive Order Food and Drug Administration directives AD T98–148–076(B) and AD 12612, it is determined that this T98–149–038(B), both dated March 20, proposal would not have sufficient 21 CFR Parts 600, 606, 607, 610, 630, 1998, was an isolated case. The DGAC federalism implications to warrant the 640, and 660 advised that further investigation, a preparation of a Federalism Assessment. [Docket Nos. 98N±0581, 98N±0607, and design review of the DC electrical For the reasons discussed above, I 98N±0815] system, and bench testing results certify that this proposed regulation: (1) Blood Safety Initiative: Extension of indicate that the reset of the first failed Is not a ‘‘significant regulatory action’’ generator did not contribute to the loss Comment Period on Proposed Rules under Executive Order 12866; (2) is not of the second generator. The DGAC and Announcement of Public Meeting a ‘‘significant rule’’ under the DOT concludes that there is no reason to Regulatory Policies and Procedures (44 AGENCY: Food and Drug Administration, prohibit reset of a failed generator, and HHS. concludes that the incident that FR 11034, February 26, 1979); and (3) if ACTION: prompted need for mandatory action promulgated, will not have a significant Proposed rule; announcement of was an isolated case. Consequently, the economic impact, positive or negative, public meeting. on a substantial number of small entities DGAC has issued French airworthiness SUMMARY: The Food and Drug under the criteria of the Regulatory directives 98–148–076(B) R1 and 98– Administration (FDA) is announcing a 149–038(B) R1, both dated July 15, Flexibility Act. A copy of the draft public meeting and is extending to 1998, which provide cancellation notice regulatory evaluation prepared for this December 22, 1999, the comment period of the French airworthiness directives action is contained in the Rules Docket. on two proposed rules entitled that required the AFM revision. A copy of it may be obtained by ‘‘Requirements for Testing Human contacting the Rules Docket at the FAA’s Conclusions Blood Donors for Evidence of Infection location provided under the caption Due to Communicable Disease Agents,’’ Since receipt and review of the DGAC ADDRESSES. and ‘‘General Requirements for Blood, information, the FAA has determined List of Subjects in 14 CFR Part 39 Blood Components, and Blood that it is unnecessary to require the Derivatives; Notification of Deferred AFM revisions required by AD 98–09– Air transportation, Aircraft, Aviation Donors.’’ FDA is also extending to 16. December 22, 1999, the comment period This proposed action would rescind safety, Safety. on the advance notice of proposed AD 98–09–16. Rescission of AD 98–09– The Proposed Amendment rulemaking (ANPRM) entitled ‘‘Plasma 16 would constitute only such action, Derivatives and other Blood-Derived and, if this proposal is followed by a Accordingly, pursuant to the Products; Requirements for Tracking final action, it would not preclude the authority delegated to me by the and Notification.’’ The purpose of the agency from issuing another notice in Administrator, the Federal Aviation meeting is to provide a public forum for the future, nor would it commit the Administration proposes to amend part gathering information and views agency to any course of action in the 39 of the Federal Aviation Regulations regarding the proposed rules and the future. (14 CFR part 39) as follows: ANPRM. The comment periods are Cost Impact being extended to provide time for the PART 39ÐAIRWORTHINESS submission of comments that may result The FAA estimates that 145 airplanes DIRECTIVES of U.S. registry are affected by AD 98– from the issues discussed at the public meeting. 09–16. The actions that are currently 1. The authority citation for part 39 DATES: required by that AD take approximately continues to read as follows: The public meeting will be held 1 work hour per airplane to accomplish, on Monday, November 22, 1999, from at an average labor rate of $60 per work Authority: 49 U.S.C. 106(g), 40113, 44701. 8:30 a.m. to 12 noon. Submit written comments for ‘‘Requirements for Testing hour. Based on these figures, the cost § 39.13 [Amended] impact of the currently required actions Human Blood Donors for Evidence of on U.S. operators is estimated to be 2. Section 39.13 is amended by Infection Due to Communicable Disease $8,700, or $60 per airplane. However, removing amendment 39–10497. Agents,’’ ‘‘General Requirements for the adoption of this proposed rescission AEROSPATIALE: Docket 98–NM–259–AD. Blood, Blood Components, and Blood would eliminate those costs. Rescinds AD 98–09–16, Amendment 39– Derivatives; Notification of Deferred Removal of the AFM revision required 10497. Donors,’’ and ‘‘Plasma Derivatives and by AD 98–09–16 would take Applicability: All Model ATR–42 and other Blood-Derived Products; approximately 1 work hour per airplane ATR–72 series airplanes; certificated in any Requirements for Tracking and to accomplish, at an average labor rate category. Notification’’ by December 22, 1999. of $60 per work hour. Based on these ADDRESSES: The public meeting will be figures, the cost impact of removal of held at the National Institutes of Health
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(NIH), NIH Clinical Center, Bldg. 10, through the use of blood, blood make oral presentations, to Kathy Jack Masur Auditorium, 9000 Rockville components, and blood derivatives. Eberhart (address above) by Monday, Pike, Bethesda, MD. Blood and plasma establishments would November 15, 1999. If you do not intend Submit written comments to the notify donors that they have been to make a presentation, registration is Dockets Management Branch (HFA– deferred and the reason for the deferral; not required. However, all interested 305), Food and Drug Administration, provide information concerning persons are encouraged to pre-register. 5630 Fishers Lane, rm. 1061, Rockville, appropriate medical follow up and If you need special accommodations MD 20852. Comments should be counseling; describe the types of due to a disability, please contact Kathy identified with the appropriate docket donations the donors should not make Eberhart at least 7 days in advance. number found in brackets in the in the future; and discuss the possibility IV. Transcripts heading of this document. that the donor may be found suitable in FOR FURTHER INFORMATION CONTACT: the future, where appropriate. FDA Transcripts of the meeting may be For registration and meeting provided until November 17, 1999, to requested in writing from the Freedom information: Kathy Eberhart, Center submit comments on these proposed of Information Office (HFI–35), Food for Biologics Evaluation and rules. and Drug Administration, 5600 Fishers Research (HFM–49), Food and Drug The ANPRM entitled ‘‘Plasma Lane, rm. 12A-16, Rockville, MD 20857, Administration, 1401 Rockville Derivatives and other Blood-Derived approximately 15 working days after the Pike, suite 200N, Rockville, MD Products; Requirements for Tracking meeting at a cost of 10 cents per page. 20852–1448, 301–827–1317, FAX and Notification’’ (64 FR 45383, August The transcript will also be available on 301–827–3079, e-mail: 19, 1999) [Docket No. 98N–0815] CBER’s website at http://www.fda.gov/ [email protected]. announced FDA’s intention to propose cber/minutes/workshop-min.htm. regulations to require certain blood- For information about this document: Dated: November 2, 1999. Nathaniel L. Geary, Center for derived products, including certain plasma derivatives, be tracked from a William K. Hubbard, Biologics Evaluation and Research Senior Associate Commissioner for Policy, (HFM–17), Food and Drug U.S. licensed manufacturer, through the distribution network, to any patient Planning, and Legislation. Administration, 1401 Rockville having custody of the product. FDA also [FR Doc. 99–29224 Filed 11–8–99; 8:45 am] Pike, suite 200N, Rockville, MD announced its intention to propose to BILLING CODE 4160±01±F 20852–1448, 301–827–6210. require notification of consignees and SUPPLEMENTARY INFORMATION: patients having custody of a blood- I. Background derived product or an analogous ENVIRONMENTAL PROTECTION recombinant product in the event the AGENCY In the Federal Register of August 19, product is associated with a potential 1999 (64 FR 45340 and 45355), FDA increased risk of transmitting a 40 CFR Part 52 published two proposed rules that were communicable disease, as determined [MI23±01±6258; FRL±6472±6] intended to help protect the safety and by FDA or by a U.S. licensed ensure the quality of the nation’s blood manufacturer. FDA provided until Approval and Promulgation of State supply and to promote consistency in November 17, 1999, to submit Implementation Plans; Michigan the industry. The document entitled comments on the ANPRM. ‘‘Requirements for Testing Human AGENCY: Environmental Protection Blood Donors for Evidence of Infection II. Comments Agency. Due to Communicable Disease Agents’’ Interested persons may submit written ACTION: Proposed rule. (64 FR 45340) [Docket No. 98N–0581] comments on these proposed rules and proposed to revise the general biological the ANPRM to the Dockets Management SUMMARY: The United States product standards by updating the Branch (address above) by the date Environmental Protection Agency hepatitis B virus (HBV) and human listed above. Two copies of any (USEPA) is proposing to disapprove immunodeficiency virus (HIV) testing comments are to be submitted, except revisions to the State of Michigan’s New requirements, by adding testing that individuals may submit one copy. Source Review (NSR) State requirements for hepatitis C virus Comments are to be identified with the Implementation Plan (SIP). The (HCV), human T-lymphotropic virus appropriate docket number found in Michigan Department of Environmental (HTLV), and by adding requirements for brackets in the heading of this Quality (MDEQ) submitted these licensed supplemental (i.e., additional, document. If time permits, comments revisions on November 11, 1993; May more specific) testing when a donation may be taken from the floor. FDA is 16, 1996; April 3, 1998; and August 20, is found to be repeatedly reactive for requesting that those persons making 1998. MDEQ submitted some of these any of the required screening tests for oral presentations at the public meeting revisions to meet the requirements of evidence of infection due to also submit their statements in writing the Clean Air Act (CAA) amendments of communicable disease agents. by December 22, 1999, as described 1990. Because these revisions are The document entitled ‘‘General above, to ensure their adequate required under the CAA, a final Requirements for Blood, Blood consideration. Received comments may disapproval would constitute a Components, and Blood Derivatives; be seen in the office above between 9 disapproval under section 179(a)(2) of Notification of Deferred Donors’’ (64 FR a.m. and 4 p.m., Monday through the CAA. Pursuant to section 179(a) of 45355) [Docket No. 98N–0607] proposed Friday. the CAA, the State of Michigan has up to require blood and plasma to 18 months after a final disapproval to establishments to notify donors of their III. Registration and Requests for Oral correct the deficiencies that are the deferral due to test results for Presentations subject of the disapproval before USEPA communicable disease agents or failure Mail or fax registration information must impose sanctions. to satisfy suitability requirements with (including name, title, firm name, DATES: Comments on this proposed rule the intent of reducing the risk of address, telephone, and fax number), must be received before December 9, transmission of communicable disease and written material and requests to 1999.
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ADDRESSES: Send written comments to: SUPPLEMENTARY INFORMATION: The CAA mandates that states Robert Miller, Chief, Permits and Grants I. Background develop NSR programs and submit them Section (MI/MN/WI), Air Programs to the USEPA for approval into the SIP. Branch (AR–18J), United States A. Introduction The requirements for an approvable Environmental Protection Agency, 77 The CAA mandates that states NSR program are laid out in the CAA West Jackson Boulevard, Chicago, develop NSR programs for the and 40 Code of Federal Regulations Illinois 60604. construction and modification of (CFR) sections 51.160 to 51.166. Copies of the proposed SIP revision stationary sources of air pollutants. See and the USEPA’s analysis are available CAA sections 110(a)(2)(C), 165, 172, and B. Current NSR SIP Submittals for inspection at the following location: 173. NSR programs are necessary under The USEPA has not approved any United States Environmental Protection the CAA to help attain and maintain the Agency, Region 5, Air and Radiation revisions to the State’s NSR SIP since National Ambient Air Quality Standards January 27, 1982 (47 FR 3764). Since Division, 77 West Jackson Boulevard, as well as to prevent significant 1982, Michigan has submitted six rules Chicago, Illinois 60604. (Please degradation of air quality. NSR packages to the USEPA for approval into telephone Eaton Weiler at (312) 886– programs help achieve this goal by 6041 before visiting the Region 5 requiring owners and operators of new the SIP. Michigan submitted three Office.) and modified sources of air pollutants to packages in 1993, one in 1996, and two FOR FURTHER INFORMATION CONTACT: apply appropriate emissions control in 1998. Each of the rules packages is Eaton Weiler or Laura Hartman, technology to sources at the time of identified in the table below by the date Environmental Engineers, Permits and construction. Furthermore, these the rules package went into effect in the Grants Section (AR–18J), Air Programs programs achieve this goal by allowing State (State Effective Date), and the date Branch, Air and Radiation Division, the public an opportunity to review and the State submitted the rules package to United States Environmental Protection comment on the effects of emissions on the USEPA (Submittal Date). Bold Agency, Region 5, 77 West Jackson air quality from new and modified indicates the latest revision to the Boulevard, Chicago, Illinois 60604, sources of air pollution prior to particular rule that is before USEPA for (312) 886–6041 or (312) 353–5703. construction. review.
State effective Rules package (RP) date Submittal date Rules submitted 336.1xxx
1 ...... 4/20/89 11/12/93 107, 121, 240, 241. 2 ...... 4/17/92 11/12/93 102, 106, 109, 112, 115, 118, 120, 123, 201, 283. 3 ...... 11/18/93 11/12/93 101, 103, 104, 105, 113, 114, 116, 119, 220, 278, 279, 280, 281, 282, 284, 285, 286, 287, 288, 289, 290. 4 ...... 7/26/95 5/16/96 101, 103, 113, 116, 118, 119, 123, 201, 205, 208(RES), 209, 219, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290. 5 ...... 12/12/96 4/3/98 116(g), 116(m), 118(g), 119(b), 119(q), 201a, 205. 6 ...... 6/13/97 8/20/98 118, 122, 278, 283, 284, 285, 286, 287, 290.
C. USEPA Requirements for Disapproval II. Evaluation of State Submittals set out in Alabama Power Co. v. Costle, 636 F.2d 323 (D.C. Cir. 1979). Under section 110(k)(3) of the CAA, Following below is a discussion of the Michigan rule 336.1205(3) requires the USEPA may fully approve or portions of the State’s NSR SIP public participation only for NSR disapprove a state submittal. Where submittals that USEPA is proposing as sources that are major or major portions of the state submittal are not meeting the requirements of the modifications, or limit their potential to separable, the USEPA may approve CAA. For each section, the requirements emit to greater than 90 percent of the portions of the submittal that meet the of the CAA and its implementing major or major modification thresholds. requirements of the CAA, and regulations are outlined followed by an Under this provision, a source could disapprove the portions of the submittal analysis of why the State’s submittal have actual emissions of over 200 tons that do not meet the requirements of the does not meet the requirements of the per year and not be subject to any public CAA. See 57 FR 13566 (April 16, 1992). CAA. participation procedures. While this However, in this context, separable A. Public Participation limitation may be acceptable if means that the USEPA may not partially adequately justified, Michigan has not disapprove a portion of a SIP submittal The provisions of 40 CFR 51.161 explained how the 90 percent threshold if the effect of the disapproval would require the State to implement specific meets the de minimis criteria. Because make the approved portion of the SIP public participation procedures. These Michigan has not provided an adequate submittal more stringent than the state procedures require the State to notify, explanation of why construction or intended. In this proposed action, any inform, and invite comment from the modification of sources resulting in partial disapproval of Michigan’s NSR public on all new and modified sources emissions of less than 90 percent of the SIP submittal would make the State’s of air pollution subject to the NSR new source review thresholds should not require public participation under entire NSR SIP program more stringent program. However, as discussed in a proposal to amend the federal operating the NSR program, the USEPA is than the State intended. Therefore, the permit program, 60 FR 45530, 45549 proposing disapproval of Michigan Rule elements of the Michigan NSR program (August 31, 1995), USEPA believes that 336.1205(3). discussed below that do not meet the a state may exempt from public review Furthermore, Michigan rule requirements of the CAA make the certain categories of changes based upon 336.1205(3) incorrectly cites section entire SIP submittal disapprovable. de minimis or administrative necessity 5h(3) instead of 5511(3) of the Michigan grounds, in accordance with the criteria Act 451, part 55. Although the State
VerDate 29-OCT-99 15:23 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\09NOP1.XXX pfrm04 PsN: 09NOP1 61048 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Proposed Rules corrected this citation error in a State requirements of the CAA and its to review new and modified sources. rulemaking effective July 2, 1998, it has implementing regulations. Therefore, Furthermore, 40 CFR 51.160(e) requires not yet submitted the correction to USEPA is proposing to disapprove the State to identify the types and sizes USEPA for approval into the SIP. Michigan rule 336.1201(2). of sources subject to review under the Michigan rule 336.1202 allows the State’s NSR program. Exempting sources B. Voiding of NSR Permits MDEQ to waive the requirement for any at the director’s discretion does not (Supersession) source to obtain an NSR permit before identify the sources subject to review, As recently communicated in a letter beginning construction. As stated above, and, therefore, is disapprovable. from John S. Seitz to STAPPA/ALAPCO the CAA and its implementing Because Michigan rule 336.1279 dated May 20, 1999, it is the USEPA’s regulations prohibit construction of exempts sources from all review position that NSR permits may not be major sources or major modifications to procedures without prior identification voided, superseded, or otherwise major sources without a preconstruction and approval of the exemption criteria replaced by permits issued pursuant to permit. Further, section 110(a)(2) of the into the SIP, USEPA is proposing to Title V of the CAA Amendments of CAA requires states to regulate the disapprove the rule. 1990. All terms and conditions of NSR construction and modification of any permits must be independently stationary source as necessary to assure E. Miscellaneous Exemptions From NSR enforceable under Title I of the CAA that the national ambient air quality Permitting Amendments of 1990. While Title V standards are achieved. Similarly, 40 Michigan rules 336.1280 to 336.1290 permits must incorporate and record CFR 51.160(b) provides that a state must significantly relax the types and sizes of permit terms and conditions from NSR prevent the construction or modification sources that must obtain a NSR permit. permits, Title V may not eliminate their of a source if it will result in a violation While these exemptions may be independent enforceability and of applicable portions of the control acceptable, the State must demonstrate existence. strategy or interfere with the attainment why these sources need not be subject Michigan rule 336.1201(6) or maintenance of a national ambient air to review in accordance with the automatically voids the NSR permit quality standard. Therefore, Michigan Alabama Power de minimis or when the ‘‘appropriate’’ terms and may provide for a waiver from the administrative necessity criteria. Such a conditions are incorporated into a Title preconstruction requirements of the demonstration may include: (1) An V permit. Therefore, USEPA is CAA for minor sources if the waiver analysis of the types and quantities of proposing to disapprove this rule. provisions include procedures to ensure emissions from exempted sources, and C. Construction Before Permit Issuance that the source receiving the waiver is (2) an analysis which shows that a ‘‘true minor,’’ that is, a source whose exempting such facilities from Pursuant to CAA sections potential to emit is below the threshold permitting review will not interfere with 110(a)(2)(C), 165, 172, 173, and their for a major source or the potential to maintenance of the NAAQS or implementing regulations, the State is emit of the modification is below the applicable control strategy, and required to develop a NSR program, major modification threshold without otherwise fulfills the purposes of the under which a source shall not begin consideration of any limitations on minor NSR regulations. actual construction of a major source or emissions, and the state can verify that As part of the above demonstration, major modification to a major source the construction or modification of the the State must require each exempted unless the source has obtained a NSR source will neither interfere with emissions unit with a potential for permit. Furthermore, pursuant to 40 attainment or maintenance of the sizeable emissions to keep appropriate CFR 51.165(a)(1) the State must adopt national ambient air quality standard compliance records to verify that the the federal definition of ‘‘begin actual nor result in a violation of applicable emissions unit meets the specific construction,’’ or a definition that is portions of the control strategy. exemption criteria, and to verify that the demonstrably more stringent. The USEPA, in the past, mistakenly had construction or modification of the federal definition includes any approved a prior version of Michigan emissions unit did not trigger major new construction of a permanent nature, rules 336.1201(2) and 336.1202 into the source regulations or other exclusions such as foundations, pipework, building SIP. Because the currently approved SIP from the exemptions as listed in supports, and permanent storage rules do not comply with the Michigan rule 336.1278. structures. 40 CFR 51.165(a)(1)(xv). requirements of the CAA, the USEPA is At a minimum, sources with sizeable Michigan has not adopted and planning to issue a SIP call pursuant to potential emissions which are assuming submitted for USEPA approval a section 110(k)(5) of the CAA. Section exemptions must keep: (1) Records of definition of ‘‘begin actual 110(k)(5) of the CAA allows the USEPA the date of equipment installation and a construction’’ which is identical to or to require a revision to the SIP upon a description of the emissions unit, (2) more stringent than the federal finding that the currently approved SIP records to show the emissions unit does definition. Additionally, Michigan rule does not meet the requirements of the not violate any of the rule 336.1278 336.1201(2) allows sources to begin CAA. A final finding under section exclusions from the exemptions, and (3) phases of construction, including 110(k)(5) would allow the State up to 18 records to show that the emissions unit foundations and associated structures, months to correct the deficiency. meets the specific exemption criteria before issuance of a NSR permit so long outlined in the rule. as it is not prohibited by the CAA. As D. Directors Discretion Exemption From Michigan rule 336.1285 exempts stated above, the CAA prohibits NSR Permitting sources from obtaining NSR permits construction of a major source or major Under Michigan rule 336.1279, a where the quantity and nature of the modification to a major source before source is exempt from NSR permitting emissions increases are not NSR permit issuance. Moreover, the at the MDEQ’s discretion where the ‘‘appreciable,’’ or ‘‘meaningful.’’ CAA and its implementing regulations source is not major or does not have Because these terms are undefined, this require the State to adopt provisions actual emissions above the significance regulation does not comply adequately prohibiting construction before permit levels. CAA section 110(a)(2)(C) and 40 with 40 CFR 51.160(e), which requires issuance. Michigan rule 336.1201(2) CFR 51.160(a) require the State to the state to identify the types and sizes contradicts itself, and is contrary to the develop legally enforceable procedures of sources subject to review. Therefore,
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Michigan rule 336.1285 is not nonattainment NSR requirements. preferred model in the current appendix approvable at this time. Therefore, USEPA is proposing to W, and should reference the USEPA’s Additionally, because Michigan uses disapprove the State definition of updated 1992 document entitled its NSR program to implement section ‘‘nonattainment area.’’ ‘‘Interim Procedures for Evaluating Air 112(g) of the CAA, the exemptions in Quality Models.’’ rules 336.1279 through 336.1290 would I. Federal Enforceability In addition to proposing to exempt a major Hazardous Air Pollutant Pursuant to section 173(a) of the CAA, disapprove Michigan rule 336.1240 source from complying with 112(g) of the State must develop regulations because it allows use of an alternate the CAA. For this reason, the State must under which all offsets required as a model to escape the public participation add language that specifically excludes precondition to permit issuance must be procedures of 40 CFR 51.160(f)2), major HAP sources from the federally enforceable. USEPA also is proposing to disapprove exemptions. Although the State has The Michigan rule 336.1220(2) only Michigan rule 336.1240 because it added such language in a State requires that offsets shall be legally references out-of-date modeling rulemaking effective July 2, 1998, it has enforceable. Therefore, USEPA is guidelines rather than the current not submitted these revisions to the proposing to disapprove Michigan rule codified modeling guidelines in 40 CFR USEPA for approval into the SIP. 336.1220(2). part 51, appendix W. Finally, Michigan should make clear J. Exemption From Offset Requirements L. Air Quality Modeling Demonstration in its rules that the exemptions in rules for Municipal Solid Waste Facilities 336.1279 through 336.1290, even after Requirements approved into the Michigan SIP, do not 40 CFR 51.165 does not provide for Michigan Rule 336.1241 outlines the exempt any source from complying with exemptions from the offset requirements for air quality modeling any other applicable federal requirements. As explained to the NRDC demonstrations. These provisions must requirements or existing NSR permit in a letter from the EPA Region II dated be updated to reflect the current limitations. For all these reasons, March 18, 1989, the regulations of 40 modeling requirements laid out in 40 USEPA is proposing to disapprove CFR 51.165 supercede the guidance of CFR part 51, appendix W. Michigan rules 336.1279 through appendix S. Therefore, the EPA will not In particular, the provisions require 336.1290. approve any offset exemptions from five years of meteorological data unless resource recovery facilities. the applicant can demonstrate that a F. Relaxation of Permit Conditions Michigan rule 336.1220(4)(b) shorter meteorological record is more Pursuant to 40 CFR 51.165(a)(5)(ii), impermissibly exempts municipal solid representative. The rule specifically the State must develop regulations that waste burning facilities from offset should state that, if the applicant uses would require sources to obtain a major requirements laid out in the CFR. on site data, a minimum of one year of NSR permit if the relaxation of an Therefore, USEPA is proposing to meteorological data is required. emission limitation that the source took disapprove Michigan rule to avoid NSR would make the original 336.1220(4)(b). M. Offset Restrictions 40 CFR 51.165(a)(3)(ii)(A) requires construction a major source or major K. Modeling Requirements modification. Because the Michigan that where the SIP allows emissions NSR SIP contains no such provisions, it 40 CFR 51.160(f)(1) requires that all greater than the potential to emit of the is deficient. modeling shall be based on the source, emissions offset credit will be applicable models, data bases, and other allowed only for control below this G. Emissions Reductions Required by requirements specified in 40 CFR part potential. Michigan NSR rules contain the CAA Are Not Creditable 51, appendix W (Guideline on Air no such restriction and, therefore, are Pursuant to section 173(c)(2) of the Quality Models). unapprovable. CAA, the State must develop regulations Michigan rule 336.1240 outlines the to ensure that emissions reductions required air quality models. Michigan N. Failure To Rescind Michigan Rule otherwise required by the CAA are not rule 336.2240 requires the use of an air 336.1221 creditable as offsets. Because the quality model cited in EPA’s 1986, Michigan rule 336.2221 Michigan NSR SIP contains no such ‘‘Guideline on Air Quality Models.’’ The impermissibly exempts sources that restrictions, it is deficient. ‘‘Guideline on Air Quality Models’’ was have significant net emissions increases updated in 1987, 1993, and 1995 and of sulfur dioxide, particulate matter, and H. Definition of ‘‘Nonattainment Area’’ codified in part 51 appendix W. carbon monoxide from offset The term ‘‘nonattainment area,’’ as Furthermore, Michigan rule requirements. defined in section 171(2) of the CAA, 336.1240(2) impermissibly allows the MDEQ rescinded Michigan rule means ‘‘an area which is designated use of an alternate model at the 336.1221 effective November 14, 1990. ‘nonattainment’ with respect to that ‘‘director’s discretion’’ without However, the State never submitted the pollutant within the meaning of section opportunity for public notice or rule to USEPA for recission. Because 107(d)’’ of the CAA. comment, as required by 40 CFR Michigan did not submit the recission to The Michigan rule 336.114(g) defines 51.160(f)(2). Michigan rule the USEPA for removal of the rule from ‘‘nonattainment area’’ as an area 336.1240(2)(ii) allows the director to the SIP, the Michigan NSR rules are not designated by the department as not decide to allow use of an alternate approvable at this time. having attained full compliance with all model if the applicant demonstrates the national ambient air quality standards. alternate model is ‘‘comparable’’ to III. Proposed Action The State must make clear in its USEPA’s outdated 1984 document, To determine the approvability of a definition of ‘‘nonattainment area’’ that ‘‘Interim Procedures for Evaluating Air rule, USEPA must evaluate the rule for any major source or major modification Quality Models.’’ Instead of the word consistency with the requirements of to a stationary source located in an area ‘‘comparable,’’ the State rule should the CAA and USEPA regulations as promulgated as nonattainment by require that the alternate model produce codified in the Code of Federal USEPA pursuant to section 107(d) of the concentration estimates equivalent to Regulations, and the EPA’s CAA, must comply with the the estimates obtained using the interpretation of these requirements as
VerDate 29-OCT-99 15:23 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\09NOP1.XXX pfrm04 PsN: 09NOP1 61050 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Proposed Rules expressed in USEPA policy guidance and a statement supporting the need to Indian tribal governments, and that documents. The USEPA has found the issue the regulation. imposes substantial direct compliance Michigan SIP revisions inconsistent In addition, E.O. 12875 requires EPA costs on those communities, unless the with CAA sections 110(a)(2)(C), 165, to develop an effective process Federal government provides the funds 172, and 173. The USEPA has further permitting elected officials and other necessary to pay the direct compliance found Michigan’s proposed SIP representatives of state, local, and tribal costs incurred by the tribal revisions inconsistent with the governments ‘‘to provide meaningful governments. If the mandate is provisions of 40 CFR part 51, and and timely input in the development of unfunded, EPA must provide to the sections 160 through 165. For these regulatory proposals containing Office of Management and Budget, in a reasons, USEPA is proposing to significant unfunded mandates.’’ separately identified section of the disapprove Michigan’s proposed Today’s rule does not create a mandate preamble to the rule, a description of revisions to its NSR SIP. on state, local or tribal governments. the extent of EPA’s prior consultation Michigan submitted some of the Proposed disapproval of the rule does with representatives of affected tribal proposed revisions to meet the not impose any enforceable duties on governments, a summary of the nature requirements of the CAA amendments these entities. Accordingly, the of their concerns, and a statement of 1990. Because Michigan failed to requirements of section 1(a) of E.O. supporting the need to issue the satisfy requirements of the CAA through 12875 do not apply to this proposed regulation. these revisions, a final disapproval rulemaking. In addition, E.O. 13084 requires EPA would constitute a disapproval under On August 4, 1999, President Clinton to develop an effective process section 179(a)(2) of the CAA. As issued a new executive order on permitting elected and other provided under section 179(a) of the federalism, Executive Order 13132 (64 representatives of Indian tribal CAA, the State of Michigan would have FR 43255 (August 10, 1999)), which will governments ‘‘to provide meaningful up to 18 months after a final take effect on November 2, 1999. In the and timely input in the development of disapproval to correct the deficiencies interim, the current Executive Order regulatory policies on matters that that are the subject of the disapproval 12612 (52 FR 41685 (October 30, 1987)), significantly or uniquely affect their before the CAA requires USEPA to on federalism still applies. This rule communities.’’ Today’s proposed impose sanctions. will not have a substantial direct effect disapproval does not significantly or Furthermore, pursuant to section on States, on the relationship between uniquely affect the communities of 110(k)(5) of the CAA, the USEPA finds the national government and the States, Indian tribal governments. Accordingly, that the currently approved NSR SIP or on the distribution of power and the requirements of section 3(b) of E.O. does not meet the requirements of the responsibilities among the various 13084 do not apply to this rule. CAA. The specific provisions that levels of government, as specified in E. Regulatory Flexibility Act USEPA finds do not meet the CAA are Executive Order 12612. Proposed The Regulatory Flexibility Act (RFA) those that allow sources to construct disapproval of the rule affects only one generally requires an agency to conduct before obtaining an NSR permit. The State, and does not alter the relationship a regulatory flexibility analysis of any USEPA intends to issue a notice of SIP or the distribution of power and rule subject to notice and comment deficiency on this issue at the time of its responsibilities established in the Clean Air Act. rulemaking requirements unless the final rulemaking on Michigan’s NSR SIP agency certifies that the rule will not submittal. This notice would allow the C. Executive Order 13045 have a significant economic impact on State up to 18 months to correct the Protection of Children from a substantial number of small entities. deficiency before USEPA must impose Environmental Health Risks and Safety Small entities include small businesses, sanctions. Risks (62 FR 19885, April 23, 1997), small not-for-profit enterprises, and IV. Administrative Requirements applies to any rule that: (1) Is small governmental jurisdictions. determined to be ‘‘economically This proposed disapproval will not A. Executive Order 12866 significant’’ as defined under E.O. have a significant impact on a The Office of Management and Budget 12866, and (2) concerns an substantial number of small entities. A (OMB) has exempted this regulatory environmental health or safety risk that proposed disapproval of a requested SIP action from Executive Order (E.O.) EPA has reason to believe may have a revision under section 110 and 12866, entitled ‘‘Regulatory Planning disproportionate effect on children. If subchapter I, part D of the Clean Air Act and Review.’’ the regulatory action meets both criteria, does not affect any existing Federal requirements nor does it impose new B. Executive Orders on Federalism the Agency must evaluate the environmental health or safety effects of requirements. Any pre-existing Federal Under E.O. 12875, EPA may not issue the planned rule on children, and requirements would remain in place a regulation that is not required by explain why the planned regulation is after this disapproval. Federal statute and that creates a mandate upon preferable to other potentially effective disapproval of the State submittal a state, local, or tribal government, and reasonably feasible alternatives would not affect State-enforceability. unless the Federal government provides considered by the Agency. Moreover, EPA’s disapproval of the the funds necessary to pay the direct This proposed disapproval is not submittal would not impose any new compliance costs incurred by those subject to E.O. 13045 because it does not Federal requirements. Therefore, governments. If the mandate is involve decisions intended to mitigate because the proposed disapproval does unfunded, EPA must provide to the environmental health or safety risks not affect any existing requirements nor Office of Management and Budget a disproportionately on children. impose any new requirements, I certify description of the extent of EPA’s prior that this action will not have a consultation with representatives of D. Executive Order 13084 significant economic impact on a affected state, local, and tribal Under E.O. 13084, EPA may not issue substantial number of small entities. governments, the nature of their a regulation that is not required by Moreover, due to the nature of the concerns, copies of written statute, that significantly affects or Federal-State relationship under the communications from the governments, uniquely affects the communities of Clean Air Act, preparation of flexibility
VerDate 29-OCT-99 15:23 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\09NOP1.XXX pfrm04 PsN: 09NOP1 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Proposed Rules 61051 analysis would constitute Federal ENVIRONMENTAL PROTECTION Superfund site from the National inquiry into the economic AGENCY Priorities List. reasonableness of state action. The SUMMARY: The United States Clean Air Act forbids EPA to base its 40 CFR Part 52 Environmental Protection Agency (EPA) actions concerning SIPs on such [CA±179±0194EC; FRL±6472±5] Region 6 announces its intent to delete grounds. Union Electric Co., v. U.S. the Jacksonville Municipal Landfill Approval and Promulgation of EPA, 427 U.S. 246, 255–66 (1976); 42 Superfund Site (‘‘the Site’’) from the Implementation Plans; California State U.S.C. 7410(a)(2). National Priorities List (NPL) and Implementation Plan Revision San requests public comment on this F. Unfunded Mandates Joaquin Valley Unified Air Pollution proposed action. The NPL constitutes Control District; Extension of Under section 202 of the Unfunded appendix B of 40 CFR part 300 which Comment Period Mandates Reform Act of 1995 is the National Oil and Hazardous (‘‘Unfunded Mandates Act’’), signed AGENCY: Environmental Protection Substances Pollution Contingency Plan into law on March 22, 1995, EPA must Agency (EPA). (NCP), which the EPA promulgated prepare a budgetary impact statement to ACTION: Proposed rule; extension of the pursuant to section 105 of the accompany any proposed or final rule comment period. Comprehensive Environmental that includes a Federal mandate that Response, Compensation, and Liability may result in estimated annual costs to SUMMARY: EPA is extending the Act (CERCLA) of 1980, as amended. The State, local, or tribal governments in the comment period for a proposed rule EPA and the State of Arkansas Department of Environmental Quality aggregate; or to private sector, of $100 published September 23, 1999 (64 FR 51489). On September 23, 1999, EPA (ADEQ), have determined that the million or more. Under section 205, remedial action for the Site has been EPA must select the most cost-effective proposed a limited approval and limited disapproval of revisions to the successfully completed and that no and least burdensome alternative that California State Implementation Plan further action is warranted. achieves the objectives of the rule and controlling particulate matter (PM–10) DATES: Comments on this proposed is consistent with statutory emissions from fugitive dust sources in deletion may be submitted to the EPA requirements. Section 203 requires EPA the San Joaquin Valley Unified Air on or before December 9, 1999. to establish a plan for informing and Pollution Control District. In response to ADDRESSES: Comments may be mailed advising any small governments that requests from the Western States to: Mr. Donn Walters, Community may be significantly or uniquely Petroleum Association, Citizens Involvement Coordinator, U.S. EPA impacted by the rule. Advisory Group of Industries, (6SF–P), 1445 Ross Ave., Dallas, Texas EPA has determined that the Independent Oil Producers’ Agency, 75202–2733, (214) 665–6483 or 1–800– disapproval action being proposed does Nisei Farmers League, and California 533–3508 (Toll Free), not include a Federal mandate that may Cotton Ginners and Growers [email protected]. result in estimated annual costs of $100 Associations, EPA is extending the FOR FURTHER INFORMATION CONTACT: Ms. million or more to either State, local, or comment period for 30 days. Kathleen Aisling, Remedial Project tribal governments in the aggregate, or DATES: The comment period is extended Manager, U.S. EPA (6SF–LT), 1445 Ross to the private sector. The proposed until December 8, 1999. Avenue, Dallas, Texas 75202–2733, disapproval would not change existing ADDRESSES: Comments should be (214) 665–8509 or 1–800–533–3508 requirements and does not impose a submitted to: Andrew Steckel, (Toll Free), [email protected]. Federal mandate. If EPA were to Rulemaking Office (AIR–4), Air SUPPLEMENTARY INFORMATION: disapprove the State’s SIP submittal, Division, U.S. Environmental Protection Information Repositories pre-existing requirements would remain Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105–3901. Comprehensive information on the in place and State enforceability of the Site has been compiled in a public submittal would be unaffected. The FOR FURTHER INFORMATION CONTACT: Karen Irwin at (415) 744–1903. docket which is available for viewing at action would impose no new the Jacksonville Municipal Landfill requirements. Accordingly, no Dated: October 29, 1999. Superfund Site information repositories: additional costs to State, local, or tribal Laura Yoshi, U.S. Environmental Protection Agency, governments, or to the private sector, Deputy, Regional Administrator, Region IX. 1445 Ross Avenue, Dallas, Texas result from this action. [FR Doc. 99–29307 Filed 11–8–99; 8:45 am] 75202–2733, (214) 665–6427, Mon.– List of Subjects in 40 CFR Part 52 BILLING CODE 6560±50±P Fri. 8:00 a.m.–4:30 p.m., (Please call in advance.) Environmental protection, Air City Hall (Administrative Record File), pollution control, New source review, ENVIRONMENTAL PROTECTION 1 Industrial Drive, Jacksonville, Nitrogen dioxide, Ozone, Reporting and AGENCY Arkansas, Mon.–Fri. 8 a.m.–5 p.m. Base Library, Little Rock Air Force Base, recordkeeping requirements, Volatile 40 CFR Part 300 organic compounds. Jacksonville, Arkansas, Mon.–Thurs. [FRL±6471±3] 10 a.m.–8 p.m., Fri. and Sat. 10 a.m.– Authority: 42 U.S.C. 7401–7671q. 5 p.m. Dated: October 22, 1999. National Oil and Hazardous Substance Arkansas Department of Environmental David A. Ullrich, Pollution Contingency Plan; National Quality (Administrative Record File), Priorities List 8001 National Drive, Little Rock, Acting Regional Administrator, Region 5. Arkansas, Mon.–Fri. 8 a.m.–4:30 p.m. [FR Doc. 99–29303 Filed 11–8–99; 8:45 am] AGENCY: Environmental Protection BILLING CODE 6560±50±P Agency. Table of Contents ACTION: Notice of intent to delete I. Introduction Jacksonville Municipal Landfill II. NPL Deletion Criteria
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III. Deletion Procedures environment. If new information in the repository locations listed earlier IV. Basis for Intended Site Deletion becomes available which indicates a in this document. need for further action, the EPA may I. Introduction IV. Basis for Intended Site Deletion initiate additional remedial actions. The United States Environmental Whenever there is a significant release The following information provides Protection Agency (EPA) Region 6 from a site deleted from the NPL, the the Agency’s rationale for the proposal announces its intent to delete the site may be restored to the NPL without for deletion of this Site from the NPL. Jacksonville Municipal Landfill application of the Hazard Ranking A. Site Background and History Superfund Site (‘‘the Site’’) in Lonoke System. County, Arkansas, from the National In the case of this Site, the selected The Site is encompasses about 40 Priorities List (NPL). The NPL remedy is protective of human health acres of an 80 acre landfill in Lonoke constitutes appendix B of 40 CFR part and the environment. Consistent with County, outside the city limits of 300 which is the Oil and Hazardous the Site Consent Decree, the city of Jacksonville, Arkansas, approximately Substances Pollution Contingency Plan Jacksonville has agreed to take over 12 miles northeast of Little Rock, (NCP), which the EPA promulgated operation and maintenance of the Site Arkansas. An estimated 10,000 people pursuant to section 105 of the and conduct annual inspections. The live within three miles of the Site and Comprehensive Environmental EPA plans to conduct the first five-year draw drinking water from public and Response, Compensation and Liability review of the final remedy in late 1999. private wells. Less than one-half mile Act (CERCLA) of 1980, as amended. The The EPA will also perform future five- west of the Jacksonville Municipal EPA identifies sites that appear to year reviews. Landfill Superfund Site is the Rogers present a significant risk to public III. Deletion Procedures Road Municipal Landfill Superfund health, welfare, or the environment and Site. Because of the proximity of the maintains the NPL as the list of these The following procedures were used sites and the similarities in their sites. The EPA and the State of Arkansas for the intended deletion of the Site: features and characteristics, the Department of Environmental Quality (1) all appropriate response under Superfund site-related activities for (ADEQ), have determined that the CERCLA has been implemented and no these sites were carried out remedial action for the Site has been further action by the EPA is appropriate; concurrently. (2) The ADEQ has concurred with the successfully completed. The city of Jacksonville operated the Section II of this document explains proposed deletion decision; landfill from the time it purchased the the criteria for deleting sites from the (3) A notice has been published in the land in 1953 until 1974. Open burning NPL. Section III discusses the local newspapers and has been and trenching were the primary procedures the EPA is using for this distributed to appropriate Federal, state, methods of waste disposal used at the action. Section IV discusses the and local officials and other interested Site. The landfill was closed in July Jacksonville Municipal Landfill parties announcing the commencement 1973 when the ADEQ (formerly the Superfund Site and demonstrates how it of a 30-day public comment period on Arkansas Department of Pollution meets the deletion criteria. the EPA’s Notice of Intent to Delete; and (4) All relevant documents have been Control and Ecology) refused to grant a II. NPL Deletion Criteria made available in the local site landfill permit because of the high water Section 300.425(e)(1) of the NCP information repositories. table and poor drainage in the area. provides that releases may be deleted Deletion of a site from the NPL does Specific waste types and quantities from, or recategorized on the NPL where not itself create, alter, or revoke any were not recorded by the Site owner/ no further response is appropriate. In individual’s rights or obligations. The operators; however, in addition to making a determination to delete a NPL is designed primarily for municipal waste, several drums of release from the NPL, the EPA shall informational purposes and to assist industrial waste from a local herbicide consider, in consultation with the state, Agency management. As mentioned in manufacturer, Vertac Chemical whether any of the following criteria section II of this document, Corporation (Vertac), were disposed of have been met: § 300.425(e)(3) of the NCP states that the in the landfill. On-site soil and drums i. Responsible parties or other parties deletion of a site from the NPL does not were found to be contaminated with have implemented all appropriate preclude eligibility for future response dioxin (2,3,7,8-tetrachlorodibenzo (P) response actions required; actions, should future conditions dioxin expressed as 2,3,7,8-TCDD ii. All appropriate response under warrant such actions. equivalents) and the herbicides 2,4-D, CERCLA has been implemented, and no The EPA’s regional office will accept 2,4,5-T, and 2,4,5-TP. These drums were further action by responsible parties is and evaluate public comments on the located in four isolated areas, mainly appropriate; or, EPA’s Notice of Intent to Delete for the near the surface of the landfill. iii. The remedial investigation has Site before making a final decision to In early 1986, the city of Jacksonville shown that the release poses no delete. If necessary, the Agency will fenced the Site to prevent public access. significant threat to public health or the prepare a Responsiveness Summary to The Site was added to the National environment and, therefore, the taking address any significant public Priorities List on July 22, 1987. of remedial measures is not appropriate. comments received. B. Response Actions Even if a site is deleted from the NPL, Deletion of the Site from the NPL will where hazardous substances, pollutants, occur when the Regional Administrator The Remedial Investigation (RI) for or contaminants remain at the site above of the EPA Region 6 places a final notice the Site, which described the nature and levels that allow for unlimited use and in the Federal Register. Generally, the extent of contamination, was released to unrestricted exposure, a subsequent NPL will reflect deletions in the final the public in July 1990. The Feasibility review of the site will be conducted at update following the Notice. Public Study (FS) was also released at this least every five years after the initiation notices and copies of the time. A 60-day public comment period of the remedial action at the site to Responsiveness Summary will be made began on July 9, 1990, and ended on ensure that the action remains available to local residents by the September 7, 1990. In addition, a public protective of public health and the Regional office. They will also be placed meeting was held on July 18, 1990, to
VerDate 29-OCT-99 15:23 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\09NOP1.XXX pfrm04 PsN: 09NOP1 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Proposed Rules 61053 present the results of the RI/FS and to sampling conducted at the conclusion of has assumed all responsibility for O&M accept public comment. the cleanup verified that the site has at the Site. Plans for O&M are in place The EPA reviewed the results of the achieved the ROD cleanup standards: all and are sufficient to maintain the July 1990 RI/FS and all public contaminated soil and debris containing protectiveness of the remedy. The city is comments received. On September 27, greater than 10 part per billion (ppb) fulfilling its obligation to perform the 1990, a Record of Decision (ROD) for the equivalent 2,3,7,8-TCDD were excavated O&M and it is expected that the city of Site, which included a number of and all soil and debris with 2,3,7,8- Jacksonville will be able to provide construction elements to implement the TCDD concentrations >1.0 and ≤10 ppb, future maintenance with a minimal Remedial Action, was issued. The EPA, or with a Cumulative Hazard Index >.3 amount of work. the ADEQ, and the city of Jacksonville for 2,4,5-T and 2,4,5 TP were either E. Five-Year Review participated in the clean-up in excavated or covered with one foot of accordance with a June 20, 1994, clean soil. Ground water samples taken CERCLA requires a five-year review of Consent Decree (CD) between the EPA in November 1994, June 1995, December all sites with hazardous substances and the city of Jacksonville. 1995, October 1996, and November remaining above the health-based levels The remedial action at the Site 1997, did not show dioxin for unrestricted use of the Site. Because included: contamination, nor did they show any the cleanup of the Site utilized a soil • Excavation of contaminated soil site-related, statistically significant cover in some areas as the method to and debris containing greater than 10 concentrations of organic contaminants reduce the risk, and because the ROD parts per billion (ppb) equivalent or inorganic (metals) contaminants calls for institutional controls limiting 2,3,7,8-TCDD and backfilling the above acceptable health-based levels. ground water use on and immediately excavated area; The confirmatory sampling at the Site downgradient of the Site, the five-year • Transportation of the excavated and backfilling of the Site with clean review process will be used to ensure material to the Vertac Chemical soil provide assurances that the Site will that the cover is still intact and blocking Corporation Superfund Site in no longer pose a threat to human health exposure pathways and that the Jacksonville, Arkansas; or the environment as long as the institutional controls are still in place. • Incineration of the excavated institutional controls are enforced and contaminated material and disposal of the soil cover is maintained. The source F. Community Involvement residuals at Vertac; of contaminants identified in the ROD, The EPA published its Community • Steam-cleaning and disposal of the disintegrating drums and adjacent Relations Plan in November 1988, after contaminated soil, has been addressed large items of refuse removed from interviews with local residents and through excavation and covering with a contaminated areas at the Jacksonville officials. Several information clean soil cover. The cleanup also Site; repositories were established in the area eliminated the impacts to the ground • Covering soil, debris and waste near the Site and all of the documents water from the chemicals of concern at meeting the criteria stated below with used to select a Site remedy were placed twelve inches of soil: the Site. At this time, the Site has been cleaned in the repositories before the final ROD (1) 2,3,7,8-TCDD concentrations >1.0 was issued. In August 1994, a public ≤ up to residential standards. Therefore, and 10 ppb, or from a health-risk standpoint, the open house meeting was held to inform (2) Cumulative Hazard Index >.3 for landfill itself has no land-use the citizens of the initiation of site 2,4,5-T; 2,4,5 TP; and 2,4-DCP; restrictions, except for the areas where construction activities. Citizens were • Institutional controls such as fence EPA placed a soil cover. Institutional also invited to the site completion maintenance and restricting the use of controls, in the form of deed ceremony held in September 1995. ground water; and, restrictions, state that the soil cover may Documents in the deletion docket which • Ground water monitoring. not be disturbed. Additional deed the EPA relied on to make this Construction was completed in early restrictions state that no drinking water recommendation of deletion of the Site 1995. A site inspection occurred on wells may be drilled at the Site. from the NPL are available to the public September 20, 1995, which showed that in the information repositories. D. Operations and Maintenance the remedial objectives had been G. Applicable Deletion Criteria achieved. The EPA also checked the Site The Site is designed to require very on September 1, 1998. At that time, the little maintenance. Site operations and One of the three criteria for site constructed remedy was still performing maintenance (O&M) activities that have deletion specifies that the EPA may as designed and was controlling the been performed by the city of delete a site from the NPL if ‘‘all risks to human health and the Jacksonville since the 1995 site appropriate Fund-financed response environment as specified in the ROD. completion include routine site under CERCLA has been implemented, The soil cover was in excellent shape inspections to ensure that positive and no further response action by with no evidence of subsidence, drainage (as defined in the CD responsible parties is appropriate.’’ (40 erosion, animal burrows, or standing Statement of Work) is occurring and that CFR 300.425(e)(1)(ii)). The EPA, with water. The grass cover was well- the perimeter fence is intact. These concurrence of the ADEQ, believes that established and provided thorough activities have maintained the this criterion for deletion has been met. coverage of the soil cover. The site protectiveness of the remedy. In Consequently, the EPA is proposing fences had been maintained and there addition, Site ground water monitoring, deletion of the Site from the NPL. was no evidence of trespassers. to ensure that the remedy was effective Documents supporting this action are and operating properly, has been available at the information repositories C. Clean-Up Standards conducted jointly by the ADEQ and the listed earlier in this document. The remedial action cleanup activities city of Jacksonville. H. State Concurrence at the Site are consistent with the The city of Jacksonville, as agreed objectives of the NCP and will provide upon in the CD and accompanying The Arkansas Department of protection to human health and the Statement of Work and as detailed in Environmental Quality concurs with the environment. Specifically, confirmatory the Remedial Action (RA) Work Plan, proposed deletion of the Jacksonville
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Municipal Landfill Superfund Site from SUPPLEMENTARY INFORMATION: efficient, that do not require the NPL. 1. IBOC DAB. IBOC systems allow burdensome investments in new Dated: August 3, 1999. simultaneous broadcast of analog and broadcast transmission equipment, and digital radio signals in the AM and FM that provide broadcasters with Myron O. Knudson, bands without disruption to existing incentives to convert to DAB. Acting Regional Administrator, Region 6. analog service. IBOC DAB systems have 4. Tentative Selection Criteria. The [FR Doc. 99–29073 Filed 11–8–99; 8:45 am] not been conclusively proven to be Commission proposes to apply the BILLING CODE 6560±50±P technically viable, but recent advances following evaluative criteria to hold real promise. In the hybrid determine which DAB model and/or operational mode, IBOC systems system would best promote the public FEDERAL COMMUNICATIONS transmit lower power digital signal policy objectives: (1) enhanced audio COMMISSION sidebands positioned on either side of fidelity; (2) robustness to interference the host analog signal. Digital signals and other signal impairments; (3) 47 CFR Part 73 would be interleaved (station A’s upper compatibility with existing analog digital sideband would be between 1st service; (4) spectrum efficiency; (5) [MM Docket No. 99±325; FCC 99±327] adjacent channel station B’s lower and flexibility; (6) auxiliary capacity; (7) Digital Audio Broadcasting Systems upper digital sidebands, and adjoining extensibility; (8) accommodation for and Their Impact on the Terrestrial station B’s carrier frequency). The existing broadcasters; (9) coverage; and Radio Broadcast Service presence of digital sidebands would (10) implementation costs/affordability reduce the separation between the host of equipment. AGENCY: Federal Communications analog signal and 2nd and 3rd adjacent 5. Enhanced Audio Fidelity/ Commission. channel digital signals. IBOC Robustness. DAB system proponents ACTION: Notice of proposed rulemaking. proponents believe digital signal anticipate that AM IBOC DAB systems processing techniques will permit will offer sound quality comparable to SUMMARY: In this document, the transmission of a digital ‘‘pair’’ of each today’s stereo FM systems, and that FM Commission considers alternative analog signal in the AM and FM bands, IBOC DAB systems will deliver near-CD approaches to introduce Digital Audio without disrupting existing analog quality sound. As to robustness, DAB Broadcasting (DAB) to the American service. systems may improve reception by public. This document is intended to 2. In the IBOC all-digital mode, the using techniques that protect digital help the Commission determine system proposed by USADR would signals from interference that affects whether an in-band, on-channel (IBOC) continue to divide the digital signal into analog signals. The Commission seeks model or a model utilizing new sidebands, boost power by tenfold, and comment of these selection criteria, spectrum would be the best means to use the channel center for lower-power including the specific standards that promptly introduce DAB service. This auxiliary services. The increased power should be used to compare competing document intends to foster development of the signal sidebands likely would systems. of both models, help DAB system interfere with 1st adjacent channel 6. A comparison of IBOC and new- proponents identify design issues, and analog signals. Therefore, USADR spectrum alternatives must consider the encourage modifications to advance proposes to use the hybrid mode for 12 time frame to achieve all-digital Commission’s policy objectives. This years and then sunset protection of operations and short-term performance document is in response to USA Digital analog signals. At that time, it proposes advantages of a hybrid IBOC system Radio’s (USADR) Petition for to implement the all digital mode. The over analog. The Commission seeks rulemaking, which requested initiation system proposed by Lucent comment on the issue. The Commission of a proceeding to implement IBOC DAB Technologies (‘‘Lucent’’) consolidates also seeks comment on appropriate technology. the digital signal in the channel center ways to compare IBOC and new- spectrum DAB alternatives under this DATES: Comments are due on or before in the all-digital mode, and proposes to January 24, 2000, and reply comments use the 1st adjacent for auxiliary selection criteria. 7. Compatibility. The Commission are due on or before February 22, 2000. services. No sunset of protection for analog signals would be necessary tentatively concludes that IBOC systems ADDRESSES: Parties who choose to file because Lucent’s model conforms to the should minimize interference to host comments by paper should address their Commission’s current analog technical and adjacent-channel analog signals in comments to Magalie Roman Salas, rules. hybrid mode including interference to Office of the Secretary, TW–A306, 3. DAB Public Policy Objectives. In FM subcarriers. The opportunity to Federal Communications Commission, this Notice, the Commission’s public introduce new ancillary services is tied 445 12th Street, SW., Washington, DC policy objectives to introduce DAB are to initiation of all-digital operations. A 20554 and should also submit (1) to provide vastly improved radio system which permits rapid comments on 3.5 inch diskette using service to the public, (2) to permit implementation to all-digital radio Microsoft Word or compatible software broadcasters and listeners to realize service (such as Lucent’s) may serve the addressed to William J. Scher, Federal fully the superior technical performance public interest better than a system Communications Commission, 445 12th capabilities of DAB; (3) to support a which relies on a longer transition Street, SW., Room 2–A445, Washington, vibrant and vital terrestrial radio service period with a fixed sunset of analog DC 20554. Electronic comments may for the public and create DAB protection (such as USADR’s). The also be submitted using the opportunities for existing radio Commission seeks comment on whether Commission’s electronic comment filing broadcasters; (4) to ensure that the all-digital compatibility with analog system via the Internet to
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Broadcasters argue that Commission seeks comment on any additional spectrum, but also the a DAB system should be able to possible adverse affects on DTV additional value that results from the replicate existing coverage areas, which implementation and television service transition from analog to digital tend to be greater than ‘‘interference- in general. The earliest the spectrum transmission service. The added value free’’ areas protected under could be available is 2007; however, the of spectrum is the product of several Commission’s rules. While the availability of this spectrum is tied to factors, including the capacity to Commission recognizes that preserving the end of the DTV transition period transmit greater data per hertz, existing coverage areas may be and could be significantly later. The enhanced flexibility, the lesser important, it tentatively concludes that Commission requests comment on all likelihood of digital signals to cause the public interest is best served by a aspects of the new spectrum option and interference, less susceptibility to digital assignment policy based on asks whether there are other frequency interference, and more robust with analog protected service contours. bands to consider. IBOC and new respect to multi-path fading and non- Service contours reflect a balance spectrum options are not mutually radio noise sources, and the capacity to between providing adequate service exclusive and could be complementary. provide a listenable service at relatively areas and expanding the number of 18. The Commission seeks comment low signal strength levels. The station assignments. The Commission on whether new spectrum models, Commission wants to examine if digital requests comment. which are independent of the existing receivers could provide additional 15. IBOC DAB Model. The analog AM and FM radio systems, protection against interference. What Commission believes that IBOC would would provide greater flexibility to plan would the cost be to consumers and, be superior to a new spectrum model and implement DAB, and whether besides cost, are there other because it would not require new compared to IBOC in hybrid mode, it considerations? spectrum, it would permit a fast would operate at a higher data rate and 10. The Commission seeks comment transition to DAB while preserving support higher audio quality and on possible DAB efficiency standards. benefits of analog service, and may enhanced ancillary services. At the time Are any of the Eureka-147 and/or achieve certain spectrum efficiencies. when an 82–88 MHz DAB system satellite DARS signal bandwidth and To ensure a smooth initiation to DAB, proves successful, analog stations interference protection standards the Commission tentatively concludes licensed to frequencies in the existing relevant in establishing DAB spectrum that if IBOC is adopted, IBOC DAB 88–108 MHz could convert to DAB. The efficiency standards? What bandwidth licenses will not count as distinct transition could result in significant is necessary for CD-quality signals? authorizations for purposes of local service disruptions, unless listeners What are the spectrum implications of ownership rules and seeks comment on have digital receivers. The Commission recent advances in coding and that view. seeks comment on such transition multistreaming technologies? What are 16. The Commission seeks comment issues. the quantifiable trade-offs between on the spectrum efficiency concerns 19. The Commission seeks comment bandwidth and signal robustness? What inherent in the IBOC model and on whether to maintain the same trade-offs should the Commission whether a model proposing to switch channel bandwidth assignment scheme consider in balancing the needs of digital audio transmission from currently used with FM service and if incumbents and new entrants? Should sidebands to a center band in the all this approach would facilitate there be different data capacity criteria digital mode would be more spectrally conversion to DAB and a common FM/ during and after transition? Would efficient than one which continues to DAB radio receiver design in the 82–108 transition be slowed if incumbents were carry the main audio signal in digital MHz band. The Commission seeks assigned less bandwidth for all digital sidebands. The proposed IBOC systems comment on whether to adopt a operations? Is preserving (or expanding) would double the bandwidth licensed to consistent service area approach which bandwidth assignments necessary? AM and FM stations to 20 kHz and 400 follows the plan of existing classes of 11. Flexibility/auxiliary capacity. The kHz respectively, spectrum which is FM stations (Class A, B1, B, C3, C2, C1 Commission tentatively concludes that currently included in analog ‘‘emission and C) or should all DAB stations be ancillary services must not technically masks’’ and the Commission seeks provided a common service area? impair reception of DAB programming. comment on whether spectrum may be 20. The Commission seeks comment The Commission seeks comment on returned at the end of the licensees’ on whether all AM and FM broadcasters whether the Digital Television (DTV) IBOC transition to an all-digital should be eligible for a DAB license, framework is appropriate for radio and operating environment. The whether DAB licenses should be what limits if any, the Commission Commission seeks comment on how to excluded from local ownership limits should establish for ancillary services. balance the need to provide and whether new channels should be 12. Extensibility. The Commission broadcasters with sufficient incentive to reserved for educational use and new tentatively concludes that extensibility transition rapidly to DAB with the need entrants. The Commission seeks (ability of a DAB system to adapt to to respond to unmet demand for new comment on whether it should limit the future technological advances) is crucial entrants. The Commission seeks number of DAB licenses in each market to preserving of free broadcast in a analyses of minimum power levels and whether issuing DAB licenses digital environment and ensuring that needed to preserve service within would implicate statutory auction listeners fully benefit from DAB. The protective service areas in a digital requirements. Commission seeks comment. environment, and alternatively, the 21. The Commission seeks comment 13. Accommodation. The Commission levels that would result in significant on whether to allot DAB channels to tentatively concludes that a DAB system disruption to current listening patterns. communities in proportion to the
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The Commission has prepared AGENCY: Department of Defense (DoD). 22. The Commission seeks comment an Initial Regulatory Flexibility ACTION: Proposed rule with request for on whether Channel 6 should be used Analysis of the possible significant comments. to ensure adequate new entrant DAB economic impact on small entities by opportunities and whether the the policies and rules proposed in this SUMMARY: The Director of Defense Commission may give preferences to Notice. Comments are requested on this Procurement is proposing to amend the LPFM licensees in assigning Channel 6 IRFA and must be identified as Defense Federal Acquisition Regulation spectrum, and if so, whether it should responses to the IRFA. The proposed Supplement (DFARS) to address use of do so. rules and policies potentially will apply a Federal Acquisition Regulation (FAR) 23. DAB Transmission Standard. The to all AM and FM radio broadcasting provision that invites offerors to Commission tentatively concludes that licensees and potential licensees. The propose alternatives to Government- it is in the public interest for the SBA defines a radio broadcasting station unique standards. This DFARS rule instructs DoD contracting officers not to Commission to take a role in DAB that has no more than $5 million in standards development with the advice use the FAR provision, since DoD uses annual receipts as a small business. A and involvement of all sectors of the the Single Process Initiative to radio broadcasting station is an industry. The Commission seeks encourage offerors to propose comment on how likely the broadcast establishment primarily engaged in alternatives to Government-unique industry is to establish a de facto broadcasting aural programs by radio to specifications and standards. the public, including commercial, standard without Commission action DATES: Comments on the proposed rule religious, educational, and other radio and whether there is anything the should be submitted in writing to the Commission can do short of mandating stations. As of December 31, 1998, address specified below on or before a standard to assist the industry? The official Commission records indicate January 10, 2000 to be considered in the Commission lacks sufficient information that 12,472 radio stations were formation of the final rule. at this time to conclude that a operating, of which 4,793 were AM ADDRESSES: Interested parties should Commission-mandated transmission stations. Thus, the proposed rules will submit written comments on the standard is necessary and seeks affect 12,472 radio stations, 11,973 of proposed rule to: Defense Acquisition comment on whether a single mandated which are small businesses. These Regulations Council, Attn: Ms. Melissa standard is desirable. The Commission estimates may overstate the number of Rider, PDUSD (AT&L) DP (DAR), IMD seeks comment on whether there is a small entities since the revenue figures 3D139, 3062 Defense Pentagon, high degree of compatibility among the on which they are based do not include Washington, DC 20301–3062. Telefax several DAB systems. It also seeks or aggregate revenues from non-radio (703) 602–0350. Please cite DFARS Case comment on whether developments in affiliated companies. In addition, any 99–D024. digital signal processors (DSPs) and DSP entity that seeks or desires to obtain a E-mail comments submitted via the chip technology make a standard DAB license may be affected by the Internet should be addressed to: unnecessary, whether an ‘‘open proposals. The number of entities that [email protected] architecture’’ approach is feasible, and Please cite DFARS Case 99–D024 in what impact such an approach would seek to obtain a DAB radio broadcast all correspondence related to this have on the development and costs of license is unknown. The Commission proposed rule. E-mail correspondence receivers. invites comment on such number. The 24. Models for IBOC DAB System Notice sets forth policy objectives and should cite DFARS Case 99–D024 in the Testing and Evaluation. The proposes criteria for the selection of subject line. Commission believes that it is necessary alternative DAB models and/or systems FOR FURTHER INFORMATION CONTACT: Ms. to rely to some degree on the expertise that will promote the interests of small Melissa Rider, (703) 602–4245. Please of the private sector for DAB system entities and minimize the economic cite DFARS Case 99–D024. evaluations and ultimately, impact on such entities of a transition SUPPLEMENTARY INFORMATION: recommendations for a transmission to DAB service. standard. However, it believes it is A. Background Federal Communications Commission. premature to select an approach at this This proposed DFARS rule time. The NRSC has set a deadline of Magalie Roman Salas, supplements the final FAR rule that was December 15, 1999 for proponents to Secretary. published at 64 FR 51834 on September submit system test results and the [FR Doc. 99–29270 Filed 11–8–99; 8:45 am] 24, 1999 (Federal Acquisition Circular Commission requests that the parties BILLING CODE 6712±01±U 97–14, Item V) to implement Office of also submit the reports to the Management and Budget Circular A– Commission as part of this proceeding. 119, Federal Participation in the The Commission would give great Development and Use of Voluntary weight to a fair and thorough NRSC Consensus Standards and in Conformity testing process and any industry Assessment Activities. The FAR rule consensus the NRSC may achieve. added a provision at FAR 52.211–7 to However, the Commission will act permit offerors to propose voluntary promptly to provide an alternative consensus standards as alternatives to
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Government-unique standards included alternatives to Government-unique 1. The authority citation for 48 CFR in a solicitation. In accordance with the specifications and standards through the part 211 continues to read as follows: prescription at FAR 11.107(b), use of the Single Process Initiative. Therefore, an Authority: 41 U.S.C. 421 and 48 CFR provision is optional for agencies that initial regulatory flexibility analysis has Chapter 1. use the categorical method of reporting not been performed. Comments are their use of voluntary consensus invited from small businesses and other PART 211ÐDESCRIBING AGENCY standards to the National Institute of interested parties. Comments from small NEEDS Standards and Technology. DoD uses entities concerning the affected DFARS the categorical method of reporting. In subpart also will be considered in 2. Subpart 211.1 is added to read as addition, DoD uses the Single Process accordance with 5 U.S.C. 610. Such follows: Initiative procedures at DFARS 211.273 comments should be submitted and 252.211–7005 to encourage offerors separately and should cite DFARS Case Subpart 211.1ÐSelecting and to propose industry standards as 99–D024 in correspondence. Developing Requirements Documents alternatives to Government-unique specifications and standards. Therefore, C. Paperwork Reduction Act Sec. this DFARS rule specifies that the The Paperwork Reduction Act does 211.107 Solicitation provision. provision at FAR 52.211–7 will not be not apply because the rule does not 211.107 Solicitation provision. used in DoD solicitations. impose any information collection B. Regulatory Flexibility Act requirements that require the approval (b) DoD uses the categorical method of of the Office of Management and Budget reporting. Do not use the provision at The proposed rule is not expected to under 44 U.S.C. 3501, et seq. FAR 52.211–7, Alternatives to have a significant economic impact on a substantial number of small entities List of Subjects in 48 CFR Part 211 Government-Unique Standards, in DoD solicitations. within the meaning of the Regulatory Government procurement. Flexibility Act, 5 U.S.C. 601, et seq., [FR Doc. 99–29039 Filed 11–8–99; 8:45 am] Michele P. Peterson, because the FAR already permits BILLING CODE 5000±04±M optional use of the provision at FAR Executive Editor, Defense Acquisition 52.211–7, and DoD already has Regulations Council. implemented procedures for Therefore, 48 CFR part 211 is encouraging offerors to propose proposed to be amended as follows:
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Notices Federal Register Vol. 64, No. 216
Tuesday, November 9, 1999
This section of the FEDERAL REGISTER A. Section 106 Cases—Report FOR FURTHER INFORMATION CONTACT: For contains documents other than rules or B. Legislation Update—Report further information on agenda topics, proposed rules that are applicable to the VI. New Business contact Mr. Steven A. Karli, Director, public. Notices of hearings and investigations, A. Meeting Schedule for 2000— Center for Veterinary Biologics, committee meetings, agency decisions and Report rulings, delegations of authority, filing of Veterinary Services, APHIS, 510 South petitions and applications and agency VII. Adjourn 17th Street, Suite 104, Ames, IA 50010– statements of organization and functions are Note: The meetings of the Council are open 8197; phone (515) 232–5785, fax (515) examples of documents appearing in this to the public. If you need special 232–7120, or e-mail section. accommodations due to a disability, please [email protected]. For contact the Advisory Council on Historic registration information, contact Ms. Preservation, 1100 Pennsylvania Ave., NW., Kay Wessman at the same address and ADVISORY COUNCIL ON HISTORIC Room 809, Washington, DC 202–606–8503, at least seven (7) days prior to the meeting. fax number; phone (515) 232–5785 PRESERVATION extension 127; or e-mail Kay. FOR FURTHER INFORMATION CONTACT: [email protected]. Notice of Meeting Additional information concerning the SUPPLEMENTARY INFORMATION: Since SUMMARY: Notice is hereby given that meeting is available from the Executive the Advisory Council on Historic Director, Advisory Council on Historic 1989, the Animal and Plant Health Preservation will meet on Wednesday, Preservation, 1100 Pennsylvania Ave., Inspection Service (APHIS) has held # November 17, 1999. The meeting will be NW., 809, Washington, DC 20004. eight public meetings in Ames, IA, on held in the Atrium Building, Calhoun’s Dated: November 3, 1999. veterinary biologics. The meetings provide an opportunity for the exchange Restaurant, 1004 Parkway, Catlinburg, John M. Fowler, Tennessee, beginning at 1:00 p.m. of information between APHIS Executive Director. representatives, producers and users of The Council was established by the [FR Doc. 99–29239 Filed 11–8–99; 8:45 am] National Historic Preservation Act of veterinary biological products, and 1966 (16 U.S.C. Section 470) to advise BILLING CODE 4310±10±M other interested individuals. APHIS is the President and the Congress on in the process of planning the agenda matters relating to historic preservation for the ninth annual meeting, which and to comment upon Federal, federally DEPARTMENT OF AGRICULTURE will be held on April 3 and 4, 2000. assisted, and federally licensed Animal and Plant Health Inspection The agenda for the meeting is not yet undertakings having an effect upon Service complete. Topics that have been properties listed in or eligible for suggested include: (1) Followup of inclusion in the National Register of [Docket No. 99±084±1] customer service feedback; (2) oil Historic Places. The Council’s members adjuvants; (3) electronic submission of Public Meeting; Veterinary Biologics are the Architect of the Capitol; the regulatory information; (4) antibody Secretaries of the Interior, Agriculture, AGENCY: Animal and Plant Health products; (5) progress on international Housing and Urban Development, and Inspection Service, USDA. harmonization; and (6) update on Transportation; the Administrators of ACTION: Advance notice of public compliance with in vitro references. the Environmental Protection Agency Before finalizing the agenda, APHIS is and General Services Administration; meeting and request for suggested agenda topics. seeking suggestions for additional the Chairman of the National Trust for meeting topics from the interested Historic Preservation; the President of SUMMARY: We are issuing this notice to public. the National Conference of State inform producers and users of We would also like to invite Historic Preservation Officers; a veterinary biological products, and interested individuals to use this Governor; a Mayor; a Native Hawaiian; other interested individuals, that we meeting to present their ideas and and eight non-Federal members will be holding our ninth annual public suggestions concerning the licensing, appointed by the President. meeting to discuss regulatory and policy manufacturing, testing, and distribution The agenda for the meeting includes issues related to the manufacture, of veterinary biologics. the following: distribution, and use of veterinary I. Chairman’s Welcome biological products. We are in the Please submit suggested meeting II. Chairman’s Report process of planning the meeting agenda topics (for both breakout and general III. Millennium Discussion and are requesting suggestions for topics sessions) and proposed presentation A. Follow up from Tuesday’s of general interest to producers and titles to the person listed under FOR Discussion at Oak Ridge—Action other interested individuals. FURTHER INFORMATION CONTACT on or B. Follow up from Wednesday’s DATES: The public meeting will be held before December 17, 1999. For proposed Discussion Regarding Managing presentations, please include the Cultural Resources in Natural on Monday and Tuesday, April 3 and 4, name(s) of the presenter(s) and the Areas—Action 2000, from 8 a.m. to approximately 5 approximate amount of time that will be C. Council Millennium Report on p.m. each day. needed for each presentation. Federal Stewardship—Discussion ADDRESSES: The public meeting will be IV. Proposed Council Policy Regarding held in the Scheman Building at the After the agenda is finalized, APHIS Tribal Relations—Discussion Iowa State Center, Iowa State will announce the schedule in the V. Executive Director’s Report University, Ames, IA. Federal Register.
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Done in Washington, DC, this 3rd day of of the individual who will make the Federal role focused on appropriate November 1999. presentation and an outline of the issues coordination, technical assistance, Bobby R. Acord, to be addressed. Thirty-five copies of education, and incentives while at all Acting Administrator, Animal and Plant any written presentation material shall times respecting the rights and sovereignty of States, local governments, and tribes. Health Inspection Service. be given to the Executive Director by all [FR Doc. 99–29320 Filed 11–8–99; 8:45 am] presenters no later than the time of the In addition to your own views and BILLING CODE 3410±34±U presentation for distribution to the thoughts regarding a national drought Commission and the interested public. policy, as you review the draft vision Those wishing to testify, but who are and guiding principles, the Commission DEPARTMENT OF AGRICULTURE unable to notify the Commission office would be interested in your thoughts by November 24, 1999, will be able to regarding the following questions: Farm Service Agency sign up as a presenter the day of the 1. What is the best means for hearing (December 1) between 8 a.m. informing the public of Federal National Drought Policy Commission and 10 a.m. These presenters will testify assistance for drought planning and AGENCY: Farm Service Agency, USDA. on a first-come, first-served basis and mitigation? 2. What type of information do you ACTION: Notice of Commission meeting, comments will be limited based on the time available and the number of need for responding to the drought? public hearing and request for 3. What needs do you or your comments. presenters. Written statements will be accepted at the meeting, or may be organization presently have with respect to addressing drought conditions? SUMMARY: The National Drought Policy mailed or faxed to the Commission 4. What do you see as the Federal role Act of 1998 established the National office. with respect to drought preparedness? Drought Policy Commission Persons with disabilities who require Drought response? Should Federal (Commission). The Farm Service accommodations to attend or participate emergency assistance be contingent on Agency (FSA) was identified as the lead in this meeting should contact Leona advance preparedness? USDA agency to provide support to the Dittus by telephone at 202–720–3168 on 5. Are there any ways you feel that the Commission. The Commission shall Internet: [email protected], or Federal Government could better conduct a thorough study and submit a through Federal Relay Service at 1–800– coordinate with State, regional, tribal, report to the President and Congress on 877–8339, by COB November 24, 1999. and local governments in mitigating or national drought policy. Prior meetings COMMENTS: The public is invited to responding to droughts? of the Commission were held on July 22, respond and/or to submit additional 6. What lessons have you or your 1999, and September 22, 1999, and comments, concerns, and issues for organization learned from past drought public hearings on July 23, 1999, consideration by the Commission. experiences that would be beneficial in September 22, 1999, and October 13, ADDRESSES: Comments and statements the creation of a national drought 1999. Minutes of these meetings and a should be sent to Leona Dittus, policy? list of Commission members can be Executive Director, National Drought The purpose of the Commission is to found on the Commission’s web site at Policy Commission, U.S. Department of provide advice and recommendations to http:www.fsa.usda.gov/drought. This Agriculture, 1400 Independence the President and Congress on the notice announces the third meeting, and Avenue, SW., Room 6701–S, STOP creation of an integrated, coordinated fourth public hearing and seeks 0501, Washington, DC 20250–0501. Federal policy, designed to prepare for comments on issues that the FOR FURTHER INFORMATION CONTACT: and respond to serious drought Commission should address and Leona Dittus (202) 720–3168; FAX (202) emergencies. Tasks for the Commission recommendations that the Commission include developing recommendations should consider as part of its report. 720–9688; Internet: [email protected]. that will: (a) Better integrate Federal DATES: The Commission will conduct a laws and programs with ongoing State, SUPPLEMENTARY INFORMATION: The public hearing on December 1, 1999, local, and tribal programs, (b) improve Commission will review the first draft of from 9 a.m. to 5 p.m. in the First Floor public’ awareness of the need for the Commission findings. They will also Board Room of the Metropolitan Water drought mitigation, prevention, and discuss the status of Commission District of Southern California Office response, and (c) determine whether all activities and other committee business. Building, 700 North Alameda Street, Los Federal drought preparation and Below is a draft vision statement and set Angeles, California. response programs should be of principles to guide the Commission. The Commission will meet on consolidated under one existing Federal Draft Vision Statement: Our vision is of December 2, 1999, from 8 a.m. to 5 p.m. agency, and, if so, identify the agency. a U. S. citizenry and its governments in the same location. All times noted are The Commission will be chaired by the well prepared for and capable of Pacific Standard Time. Secretary of Agriculture or his designee. mitigating in a consistent and timely All meetings and public hearings are In the absence of the Chair, the Vice manner the impacts of drought in the open to the public; however, seating is Chair will act in his stead. new millennium. limited and available on a first-come Administrative staff support essential to basis. This vision is based on the following the execution of the Commission’s Anyone wishing to make an oral principles: responsibilities shall be provided by presentation to the Commission at the A well-informed, involved public; USDA. public hearing, must contact the Self-reliance and self-determination; Commission members specifically Executive Director, Leona Dittus, in Consideration of all affected entities and cited in Pub. L. 105–199, include the writing (by letter, fax or internet) no related issues, including legal, economic, Secretaries of Agriculture, Interior, geographic, climate, religious, and cultural later than 12 noon, November 24, 1999, differences, and environmental concerns; Army, and Commerce, the Director of in order to be included on the agenda. Lessons from past drought experiences; the Federal Emergency Management Presenters will be approved on a first- Comprehensive, long-term strategic Agency, and the Administrator of the come, first-served basis. The request planning, emphasizing preparedness and Small Business Administration; two should identify the name and affiliation mitigation; persons nominated by the National
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Governors’ Association, a person decisions subject to appeal under 36 Caribbean National Forest, Puerto Rico nominated by the National Association CFR parts 217 and the use of the Forest Supervisor Decisions of Counties, and a person nominated by corrected newspaper listed under 36 the Conference of Mayors. Those four CFR part 215 shall begin on or after El Nuevo Dia, published daily in members are appointed by the November 9, 1999. Spanish in San Juan, PR President. Six additional Commission FOR FURTHER INFORMATION CONTACT: Jean San Juan Star, published daily in members have been appointed by the Paul Kruglewicz, Regional Appeals English in San Juan, PR Secretary of Agriculture, in coordination Coordinator, Southern Region, Planning, Chattahoochee-Oconee National with the Secretary of the Interior and 1720 Peachtree Road, NW, Atlanta, Forest, Georgia the Secretary of the Army. The six at- Georgia 30367–9102, Phone: 404–347– Forest Supervisor Decisions large members represent groups acutely 4867. The Times, published daily in affected by drought emergencies, such SUPPLEMENTARY INFORMATION: Deciding Gainesville, GA as the agricultural production Officers in the Southern Region will community, the credit community, rural give legal notice of decisions subject to District Ranger Decisions and urban water associations, Native appeal under 36 CFR par 217 in the Armuchee Ranger District: Walker Americans, and fishing and following newspaper which are listed environmental interests. County Messenger, published bi- by Forest Service Administrative unit. weekly (Wednesday & Friday) in Signed at Washington, DC, November 3, Where more than one newspaper is LaFayette, GA 1999. listed for any unit, the first newspaper Toccoa Ranger District: The News Keith Kelly, listed is the principal newspaper that Observer, published weekly Administrator, Farm Service Agency. will be utilized for publishing the legal (Wednesday) in Blue Ridge, GA [FR Doc. 99–29397 Filed 11–5–99; 9:39 am] notices of decisions. Additional Brasstown Ranger District: North BILLING CODE 3410±05±P newspapers listed for a particular unit Georgia News, published weekly are those newspapers the Deciding (Wednesday) in Blairsville, GA Officer expects to use for purposes of Tallulah Ranger District: Clayton DEPARTMENT OF AGRICULTURE providing additional notice. The Tribune, published weekly timeframe for appeal shall be based on (Thursday) in Clayton, GA Forest Service the date of publication of the legal Chattooga Ranger District: Northeast notice of the decision in the principal Newspapers To Be Used for Georgian, published twice weekly newspaper. The following newspapers Publication of Legal Notice of (Tuesday & Friday) in Cornelia, GA will be used to provide notice. Chieftain & Toccoa Record, published Appealable Decisions and Corrections twice weekly (Tuesday & Friday) in for the Southern Region; Alabama, Southern Region Toccoa, GA Kentucky, Georgia, Tennessee, Regional Forester Decisions White County News Telegraph, Florida, Louisiana, Mississippi, published weekly (Thursday) in Virginia, West Virginia, Arkansas, Affecting National Forest System lands Cleveland, GA Oklahoma, North Carolina, South in only one state of the 3 states of the The Dahlonega Nuggett, published Carolina, Texas, Puerto Rico Southern Region and the Commonwealth of Puerto Rico or only weekly (Thursday) in Dahlonega, GA AGENCY: Forest Service, USDA. one Ranger District will appear in the Cohutta Ranger District: Chatsworth ACTION: Notice and correction. principal newspaper elected by the Times, published weekly National Forest of that state or Ranger (Wednesday) in Chatsworth, GA SUMMARY: Deciding Officers in the District. Oconee Ranger District: Monticello Southern Region will publish notice of News, published weekly (Thursday) decisions subject to administrative National Forests in Alabama, Alabama in Monticello, GA appeal under 36 CFR part 217 in the Forest Supervisor Decisions legal notice section of the newspapers Cherokee National Forest, Tennessee listed in the Supplementary Information Montgomery Advertiser, published daily Forest Supervisor Decisions in Montgomery, AL section of this notice. As provided in 36 Knoxville News Sentinel, published CFR part 217.5(d), the public shall be District Ranger Decisions daily in Knoxville, TN (covering advised through Federal Register Bankhead Ranger District: Northwest McMinn, Monroe, and Polk Counties) notice, of the principal newspaper to be Alabamian, published weekly Johnson City Press, published daily in utilized for publishing legal notices of (Monday & Thursday) in Haleyville, Johnson City, TN (covering Carter, decisions. Newspaper publication of AL Cocke, Greene, Johnson, Sullivan, notices of decisions is in addition to Conecuh Ranger District: The Andalusia Unicoi and Washington Counties) direct notice of decisions to those Star News, published daily (Tuesday District Ranger Decisions known to be interested in or affected by through Saturday) in Andalusia, AL a specific decision. The Responsible Oakmulgee Ranger District: The Ocoee-Hiwassee Ranger District: Polk Official under 36 CFR part 215 gave Tuscaloosa News, published daily in County News, published weekly annual notice in the Federal Register Tuscaloosa, AL (Wednesday) in Benton, TN published on May 17, 1999, of principal Shoal Creek Ranger District: The Tellico-Hiwassee Ranger District: newspapers to be utilized for publishing Anniston Star, published daily in Monroe County Advocate, published notices of proposed actions and of Anniston, AL weekly (Thursday) in Sweetwater, TN decisions subject to appeal under 36 Talladega Ranger District: The Daily Nolichucky-Unaka Ranger District: CFR part 215. The list of newspapers to Home, published daily in Talladega, Johnson City Press, published daily in be used for 215 notice and decision is AL Johnson City, TN corrected. Tuskegee Ranger District: Tuskegee Watauga Ranger District: Johnson City DATES: Use of these newspapers for News, published weekly (Thursday) Press, published daily in Johnson purposes of publishing legal notices of in Tuskegee, AL City, TN
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Daniel Boone National Forest, Wambaw Ranger District: Post and Catahoula Ranger District: The Town Kentucky Courier, published daily in Talk, published daily in Alexandria, Charleston, SC LA Forest Supervisor Decisions Witherbee Ranger District: Post and Calcasieu Ranger District: The Town Lexington Herald-Leader, published Courier, published daily in Talk, published daily in Alexandria, daily in Lexington, KY Charleston, SC LA District Ranger Decisions Kisatchie Ranger District: Natchitoches George Washington and Jefferson Times, published daily (Tuesday– Morehead Ranger District: Morehead National Forests, Virginia Friday and on Sunday) in News, published bi-weekly (Tuesday Forest Supervisor Decisions Natchitoches, LA and Friday) in Morehead, KY Winn Ranger District: Winn Parish Stanton Ranger District: The Clay City Roanoke Times, published daily in Enterprise, published weekly Times, published weekly (Thursday) Roanoke, VA (Wednesday) in Winnfield, LA in Stanton, KY District Ranger Decisions London Ranger District: The Sentinel- National Forests in Mississippi, Echo, published tri-weekly (Monday, Lee Ranger District: Shenandoah Valley Mississippi Herald, published weekly Wednesday, and Friday) in London, Forest Supervisor Decisions KY (Wednesday) in Woodstock, VA Somerset Ranger District: Warm Springs Ranger District: The Clarion-Ledger, published daily in Commonwealth-Journal, published Recorder, published weekly Jackson, MS daily (Sunday through Friday) in (Thursday) in Monterey, VA District Ranger Decisions Somerset, KY Pedlar Ranger District: Roanoke Times, Stearns Ranger District: McCreary published daily in Roanoke, VA Bienville Ranger District: Clarion- County Record, published weekly James River Ranger District: Virginian Ledger, published daily in Jackson, (Tuesday) in Whitley City, KY Review, published daily (except MS Redbird Ranger District: Manchester Sunday) in Covington, VA Chickasawhay Ranger District: Clarion- Enterprise, published weekly Deerfield Ranger District: Daily News Ledger, published daily in Jackson, (Thursday) in Manchester, KY Leader, published daily in Stuanton, MS VA Delta Ranger District: Clarion-Ledger, National Forests in Florida, Florida published daily in Jackson, MS Dry River Ranger District: Daily News De Soto Ranger District: Clarion-Ledger, Forest Supervisor Decisions Record, published daily (except published daily in Jackson, MS The Tallahassee Democrat, published Sunday) in Harrisonburg, VA Holly Springs Ranger District: Clarion- daily in Tallahassee, FL Blacksburg Ranger District: Roanoke Ledger, published daily in Jackson, Times, published daily in Roanoke, District Ranger Decisions MS VA, Monroe Watchman, published Apalachicola Ranger District: The Homochitto Ranger District: Clarion- weekly (Thursday) in Union, WV Ledger, published daily in Jackson, Liberty Journal, published weekly (only for those decisions in West (Wednesday) in Bristol, FL MS VA—notice will be published in the Tombigbee Ranger District: Clarion- Lake George Ranger District: The Ocala Roanoke Times and Monroe Star Banner, published daily in Ocala, Ledger, published daily in Jackson, Watchman.) MS FL Glenwood Ranger District: Roanoke Osceola Ranger District: The Lake City Ashe-Erambert Project: Clarion-Ledger, Times, published daily in Roanoke, published daily in Jackson, MS Reporter, published daily (Monday– VA Saturday) in Lake City, FL New Castle Ranger District: Roanoke National Forests in North Carolina, Seminole Ranger District: The Daily Times, published daily in Roanoke, North Carolina Commercial, published daily in VA Leesburg, FL Forest Supervisor Decisions Wakulla Ranger District: The Mount Rogers National Recreation Area: Bristol Herald Courier, published The Asheville Citizen-Times, published Tallahassee Democrat, published daily in Asheville, NC daily in Tallahassee, FL daily in Bristol, VA Clinch Ranger District: Kingsport-Times District Ranger Decisions Francis Marion & Sumter National News, published daily in Kingsport, Appalachian Ranger District: The Forest, South Carolina TN Asheville Citizen-Times, published Wythe Ranger District: Southwest Forest Supervisor Decisions daily in Asheville, NC Virginia Enterprise, published bi- Cheoah Ranger District: Graham Star, The State, published daily in Columbia, weekly (Wednesday and Saturday) in SC published weekly (Thursday) in Wytheville, VA Robbinsville, NC District Ranger Decisions Kisatchie National Forest, Louisiana Croatan Ranger District: The Sun Enoree Ranger District: Newberry Journal, published weekly (Sunday Forest Supervisor Decisions Observer, published tri-weekly through Friday) in New Bern, NC (Monday, Wednesday, and Friday) The Town Talk, published daily in Grandfather Ranger District: McDowell Newberry, SC Alexandria, LA News, published daily in Marion, NC Andrew Pickens Ranger District: Seneca Highlands Ranger District: The District Ranger Decisions Journal and Tribune, published bi- Highlander, published weekly (mid weekly (Wednesday and Friday) in Caney Ranger District: Minden Press May–mid Nov Tues & Fri; mid Nov– Seneca, SC Herald, published daily in Minden, mid May Tues only) in Highlands, NC Long Cane Ranger District: The Augusta LA, Homer Guardian Journal, Pisgah Ranger District: The Asheville Chronicle, published daily in published weekly (Wednesday) in Citizen-Times, published daily in Augusta, GA Homer, LA Asheville, NC
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Tusquitee Ranger District: Cherokee Pleasant Hill Ranger District: Johnson Alexandria Daily Town Talk to The Scout, published weekly (Wednesday) County Graphic, published weekly Town Talk, published daily in in Murphy, NC (Wednesday) in Clarksville, AR Alexandria, LA Uwharrie Ranger District: Montgomery Boston Mountain Ranger District: Calcasieu Ranger District: Herald, published weekly Southwest Times Record, published Change: (Wednesday) in Troy, NC daily in Fort Smith, AR Alexandria Daily Town Talk to The Wayah Ranger District: The Franklin Magazine Ranger District: Southwest Town Talk, published daily in Press, published bi-weekly Times Record, published daily in Fort Alexandria, LA (Wednesday and Friday) in Franklin, Smith, AR Dated: November 3, 1999. NC St. Francis Ranger District: The Daily Eurial E. Turner, Ouachita National Forest, Arkansas, World, published daily (Sunday Deputy Regional Forester for Operations. through Friday) in Helena, AR Oklahoma [FR Doc. 99–29255 Filed 11–8–99; 8:45 am] Forest Supervisor Decisions National Forests and Grasslands in BILLING CODE 3410±11±M Texas, Texas Arkansas Democrat-Gazette, published daily in Little Rock, AR Forest Supervisor Decisions DEPARTMENT OF AGRICULTURE District Ranger Decisions The Lufkin Daily News, published daily in Lufkin, TX Forest Service Caddo Ranger District: Arkansas Democrat-Gazette, published daily in District Ranger Decisions Utah Northern Goshawk Project Little Rock, AR Angelina National Forest: The Lufkin AGENCY: Forest Service, USDA. Cold Springs Ranger District: Arkansas Daily News, published daily in ACTION: Notice of availability. Democrat-Gazette, published daily in Lufkin, TX Little Rock, AR Davy Crockett National Forest: The SUMMARY: The Intermountain Region of Fourche Ranger District: Arkansas Lufkin Daily News, published daily in the Forest Service is announcing the Democrat-Gazette, published daily in Lufkin, TX availability of the predecisional Little Rock, AR Sabine National Forest: The Lufkin Environmental Assessment for the Utah Jessieville Ranger District: Arkansas Daily News, published daily in Northern Goshawk project. Pursuant to Democrat-Gazette, published daily in Lufkin, TX the National Forest Management Act (36 Little Rock, AR Sam Houston National Forest: The CFR 219.19), the Intermountain Region Mena Ranger District: Arkansas Courier, published daily in Conroe, of the Forest Service is proposing to Democrat-Gazette, published daily in TX modify or delete current programmatic Little Rock, AR Caddo & LBJ National Grasslands: direction and add new direction in Oden Ranger District: Arkansas Denton Record-Chronicle, published response to new information concerning Democrat-Gazette, published daily in daily in Denton, TX management of habitat for the northern Little Rock, AR goshawk and its prey. This action will Poteau Ranger District: Arkansas The Responsible Official under 36 amend the management direction Democrat-Gazette, published daily in CFR part 215 gave annual notice in the established in the current land and Little Rock, AR Federal Register published on May 17, resource management plans for the Winona Ranger District: Arkansas 1999, of principal newspapers to be Ashley, Dixie, Fishlake, Manti-LaSal, Democrat-Gazette, published daily in utilized for published notices of Uinta, and Wasatch-Cache National Little Rock, AR proposed actions and of decisions Womble Ranger District: Arkansas subject to appeal under 36 CFR 215. The Forests. The direction will be in the Democrat-Gazette, published daily in list of newspapers to be used for 215 form of goals, objectives, standards, Little Rock, AR notice and decision is corrected as guidelines, and monitoring Choctaw Ranger District: Tulsa World, follows: requirements. FOR FURTHER INFORMATION CONTACT: published daily in Tulsa, OK Cherokee National Forest, Tennessee Kiamichi Ranger District: Tulsa World, Kathryn Hauser, 801/625–5897; e-mail: published daily in Tulsa, OK District Ranger Decisions goshawks3/[email protected]. Tiak Ranger District: Tulsa World, Ocoee-Hiwassee Ranger District: RESPONSIBLE OFFICIAL: Jack Blackwell, published daily in Tulsa, OK Delete: Intermountain Regional Forester, 324 25th Street, Ogden, UT 84401. Ozark-St. Francis National Forest: Daily Post-Athenian, published daily Arkansas (Monday–Friday) in Athens, TN SUPPLEMENTARY INFORMATION: The Tellico-Hiwassee Ranger District: Intermountain Region of the Forest Forest Supervisor Decisions Delete: Service filed a notice in the Federal The Courier, published daily (Sunday Daily Post-Athenian, published daily Register (Vol. 63, No. 172, pages 47224– through Friday) in Russellville, AR (Monday–Friday) in Athens, TN 47225) on September 4, 1998 stating Kisatchie National Forest, Louisiana that the Forest Service, in cooperation District Ranger Decisions with the Bureau of Land Management Sylamore Ranger District: Stone County Forest Supervisor Decisions and the USDI, Fish and Wildlife Service Leader, published weekly (Tuesday) Change: (FWS), was reviewing the latest Utah in Mountain View, AR Alexandria Daily Town Talk to The state-wide information relating to the Buffalo Ranger District: Newton County Town Talk, published daily in sustainability of habitat for the northern Times, published weekly in Jasper, Alexandria, LA goshawk (Northern Goshawk in Utah: AR Habitat Assessment and Bayou Ranger District: The Courier, District Ranger Decisions Recommendations (Graham et al. 1999) published daily (Sunday through Catahoula Ranger District: and the USDI, FWS 12-month finding Friday) in Russellville, AR Change: on a petition to list the northern
VerDate 29-OCT-99 14:22 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\A09NO3.054 pfrm03 PsN: 09NON1 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Notices 61063 goshawk (FR, June 29, 1998, Vol. 63, No. Nemo Ranger District, Black Hills recommend wilderness designation for 124, pages 35183–35184). This notice National Forest, gives notice of the Beaver Park, and placed this area into 4 stated that the Intermountain Region agency’s intent to prepare an management emphasis areas. The was proposing to amend regional environmental impact statement for the majority of the area (2,637 acres) is to direction, Regional Guide, and/or Forest analysis of the Beaver Park Project Area. be managed for Backcountry Non- Plans to incorporate interim direction in The responsible official for this project motorized Recreation (Management the form of goals and objectives, desired is John C. Twiss, Forest Supervisor, Area (MA) 3.32), and is not part of the habitat conditions, standards and Black Hills National Forest. land base considered suitable for timber guidelines, and monitoring ADDRESSES: Send written comments to harvest. Another 106 acres was placed requirements developed in response to the District Ranger, Spearfish/Nemo into the Sturgis Experimental Watershed new scientific information concerning Ranger District, Black Hills National (MA 5.3B), an area set aside for the management of forested habitat for Forest, 2014 N. Main, Spearfish, SD watershed research, and not part of the the northern goshawk and its prey in 57783. suitable land base. The remaining area Utah. A notice was filed in the Federal DATES: This project schedule is as was placed into the land base Register (Vol. 64, No. 24, pages 5758– follows: File Draft EIS—December 1999. considered suitable for timber harvest; 5764) on February 5, 1999 stating that File Final EIS and Record of Decision 1,795 acres are to be managed for the scoping phase of public involvement signature—February 2000. Limited Motorized Use and Forest Production Emphasis (MA 4.1), and 571 for the Utah Northern Goshawk Habitat FOR FURTHER INFORMATION CONTACT: John Management Project was beginning. Natvig, Project Interdisciplinary Team acres are to be managed for Big Game That notice described the proposed Leader, 605–642–4622. Additional Winter Range Emphasis. This proposed management direction (in the form of information, such as maps, scoping action includes timber harvest and new road construction within the roadless goals, standards and guidelines, and summary and list of issues identified area. monitoring requirements) and a desired through the scoping process can be habitat condition statement giving a Preliminary issues include effects obtained by written request to the from management activities on the portrayal of land conditions expected to Spearfish/Nemo Ranger District office, result from the implementation of the roadless and natural characteristics of or by phone at the above address and the Beaver Park roadless area (especially proposed management direction over phone number. time. in MA 3.32), and the result this would SUPPLEMENTARY INFORMATION: This is a programmatic environmental Timber have on future wilderness or Research assessment that examines six harvest and associated activities within Natural Area status. Issues also include alternatives which address issues the Beaver Park Project Area (24,415 effects of the mountain pine beetle identified through the scoping and acres) is proposed by the Spearfish/ epidemic on the City of Sturgis public involvement phases of the Nemo Ranger District to address a Community Watershed and Fort Meade project. The Environmental Assessment growing mountain pine beetle epidemic. Veteran’s Administration Watershed, on is available electronically on the The 1997 Revised Land and Resource wildfire risk, visual resources, and the Project’s website at www.fs.fed.us/r4/ Management Plan (Forest Plan), which Centennial Trail. goshawk. guides management of the Black Hills The EIS will analyze a range of National Forest, identifies management alternatives including, (A) No Action; DATES: Written comments should be goals and objectives relating to insect sent to the Utah Northern Goshawk (B) Maximum Beetle Suppression, outbreaks and epidemics. The planning including timber harvest and road project by January 10, 2000. team has identified that there is a need construction within the roadless area; ADDRESSES: Send written comments to: for activities in the Beaver Park Project (C) Beetle Suppression with No Roads USDA Forest Service, Utah Northern Area in order to meet these Forest Plan in MA 3.32; (D) Beetle Suppression Goshawk Project Team, c/o Uinta NF, goals and objectives. The purpose and Outside the Beaver Park Roadless Area; P.O. Box 1428, Provo, UT 84601, or on- need for the project is to: (1) Reduce and (E) Beetle Suppression with only line at: www.fs.fed.us/r4/goshawk, or e- mountain pine beetle populations in l Sanitation/Salvage Harvest in the mail to: goshawk3/r4 [email protected]. pine stands; (2) cooperate with other Beaver Park Roadless Area. Alternatives Dated: November 9, 1999. agencies and private entities in efforts to B through D include road construction Christopher L. Pyron, decrease risk of a mountain pine beetle and the use of conventional and cable Deputy Regional Forester, Intermountain outbreak in the adjacent Sturgis logging systems. Alternative E is similar Region. Community Watershed and other to D outside the roadless area, but [FR Doc. 99–29256 Filed 11–8–99; 8:45 am] private lands; and (3) reduce the includes helicopter logging within the BILLING CODE 3410±11±M susceptibility of vegetation to roadless area. All action alternatives catastrophic fire and outbreaks of include removal of currently infested mountain pine beetles. trees and thinning of healthy stands to DEPARTMENT OF AGRICULTURE Proposed activities include reduce the risk of beetle infestation. commercial timber harvest (both The decision to be made in the Beaver Forest Service sanitation harvest of beetle infested Park Project Area is whether or not to trees, and commercial thinning harvest), control the existing mountain pine Analysis of Beaver Park Project Area; road construction and reconstruction beetle epidemic, and by what strategy, Black Hills National Forest; Spearfish/ associated with commercial timber as displayed in the various alternatives. Nemo Ranger District; Lawrence and harvest, non-commercial treatment of This decision will include whether or Meade Counties, SD beetle infested trees, pheromone baiting, not to control the epidemic within the AGENCY: Forest Service, USDA. prescribed burning, and mechanical fuel roadless area boundary, and whether or ACTION: Notice of intent to prepare treatment. not to allow new road construction environmental impact statement. This project area includes Beaver within the roadless area. The decision Park, a 5,109 acre inventoried (RARE II) on this project will abide by the terms SUMMARY: Pursuant to 36 CFR 219.10(g), roadless area. The Record of Decision of any decision issued on appeals of the the District Ranger of the Spearfish/ (ROD) for the 1997 Forest Plan did not Revised Forest Plan. The Black Hills
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National Forest is exempt from the COMMISSION ON CIVIL RIGHTS SUMMARY: On November 16, 1995, the existing 18 month interim roads rule in Department of Commerce (the roadless areas, due to the recently Agenda and Notice of Public Meeting Department) published in the Federal completed Revised Forest Plan. of the West Virginia Advisory Register (60 FR 57573) the notice of Committee The comment period on the draft initiation of the administrative review of environmental impact statement will be Notice is hereby given, pursuant to the antidumping duty order on certain a minimum of 45 days from the date the the provisions of the rules and compact ductile iron waterworks fittings Environmental Protection Agency regulations of the U.S. Commission on and glands (CDIW) from the People’s publishes the notice of availability in Civil Rights, that a meeting of the West Republic of China (PRC). We are terminating this review as a result of the the Federal Register. Virginia Advisory Committee to the Commission will convene at 12:30 p.m. timely withdrawal by Star Pipe The Forest Service believes, at this and adjourn at 5:00 p.m. on November Products, Inc. (Star Pipe) of its request early stage, it is important to give 30, 1999, at the State Capitol Building, for the review. Star Pipe was the only reviewers notice of several court rulings Governor’s Conference Room, (Office of interested party that requested this related to public participation in the the Secretary of State, Room 157), 1900 review. This notice replaces one signed environmental review process. First, Kanawha Boulevard East, Charleston, on February 15, 1996, but inadvertently reviewers of draft environmental impact West Virginia 23505. The Committee not published in the Federal Register. at statements must structure their will review developments since its two that time participation in the environmental community forums and discuss its EFFECTIVE DATE: November 9, 1999. review of the proposal so that it is future report to the Commission. In FOR FURTHER INFORMATION CONTACT: meaningful and alerts an agency to the preparation for its next forum in Paul reviewer’s position and contentions. Charleston, the Committee will hear Stolz or James Terpstra, Office of Vermont Yankee Nuclear Power Corp. v. from invited guests on civil rights Antidumping/Countervailing Duty NRDC, 435 U.S. 519, 553 (1978). Also, topics, including police-community Enforcement, Group II, Office 4, Import environmental objections that could be relations and State and local assistance Administration, International Trade raised at the draft environmental impact to persons with disabilities. Administration, U.S. Department of statement stage but that are not raised Persons desiring additional Commerce, 14th Street and Constitution until after completion of the final information, or planning a presentation Avenue, NW. Washington, DC 20230; environmental impact statement may be to the Committee, should contact telephone: (202) 482–4474 or (202) 482– waived or dismissed by the courts. City Committee Chairperson Gregory T. 3965, respectively. of Angoon v. Hodel, 803 F.2d 1016, Hinton, 304–367–4244, or Ki-Taek SUPPLEMENTARY INFORMATION: 1033 (9th Cir., 1986) and Wisconsin Chun, Director of the Eastern Regional Heritages, Inc. v. Harris, 490 F. Supp. Office, 202–376–7533 (TDD 202–376– Background 1334, 1338 (E. D. Wis. 1980). Because of 8116). Hearing-impaired persons who these court rulings, it is very important will attend the meeting and require the On September 29, 1995, Star Pipe, an that those interested in this proposed services of a sign language interpreter interested party, requested an adminstrative review of the action participate by the close of the 45 should contact the Regional Office at antidumping duty order on CDIW from day comment period so that substantive least ten (10) working days before the the PRC for the period September 1, comments and objections are made scheduled date of the meeting. 1994, through August 31, 1995, available to the Forest Service at a time The meeting will be conducted pursuant to 751(a)(1)(B) of the Tariff Act when it can meaningfully consider them pursuant to the provisions of the rules of 1930, as amended by the Uruguay and respond to them in the final and regulations of the Commission. Round Agreements Act. On November environmental impact statement. Dated at Washington, DC, November 3, 16, 1995, the Department published in 1999. To assist the Forest Service in the Federal Register (60 FR 57573) the identifying and considering issues and Carol-Lee Hurley, notice initation of that administrative concerns on the proposed action, Chief, Regional Programs Coordination Unit. review. Star Pipe timely withdrew its comments on the draft environmental [FR Doc. 99–29221 Filed 11–8–99; 8:45 am] request for review on January 24, 1996, impact statement should be as specific BILLING CODE 6335±01±P pursuant to the applicable regulation in as possible. It is also helpful if effect at the time. See 19 CFR comments refer to specific pages or 353.22(a)(5). There were no other chapters of the draft statement. DEPARTMENT OF COMMERCE requests for this review. As as result, the Comments may also address the Department is terminating this review. adequacy of the draft environmental International Trade Administration A determination to terminate the review impact statement or the merits of the [A±570±820] was issued on February 15, 1996, but alternatives formulated and discussed in the original notice was lost and never the statement. Reviewers may wish to Certain Compact Ductile Iron published. This notice is being refer to the Council on Environmental Waterworks Fittings and Glands From published to correct this error. Quality Regulations for implementing the People's Republic of China: This notice is published in the procedural provisions of the Rescission of Antidumping Duty accordance with section 353.213(d)(4) National Environmental Policy Act at 40 Administration Review for the Department’s regulations. CFR 1503.3 in addressing these points. AGENCY: Import Administration, Dated: November 2, 1999. Dated: October 29, 1999. International Trade Administration, Robert S. LaRussa, Department of Commerce. Pamela E. Brown, Assistant Secretary for Import District Ranger. ACTION: Notice of recession of Administration. [FR Doc. 99–29324 Filed 11–8–99; 8:45 am] antidumping duty administrative [FR Doc. 99–29343 Filed 11–8–99; 8:45 am] review. BILLING CODE 3410±11±M BILLING CODE 3510±DS±M
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DEPARTMENT OF COMMERCE Scope of the Review publication of the amended final results Imports covered by this review are for the 1995–1996 period of review, International Trade Administration shipments of stainless steel plate which Avesta asserts that the Department [A±401±040] is commonly used in scientific and acknowledged that the initial final rate industrial equipment because of its was, in fact, an intermediary rate that Stainless Steel Plate From Sweden: resistance to staining, rusting and was neither reliable nor relevant. Notice of Final Results of Antidumping pitting. Stainless steel plate is classified Department’s Position Duty Administrative Review under Harmonized Tariff Schedule of The Department agrees with Avesta AGENCY: Import Administration, the United States (HTSUS) item numbers 7219.11.00.00, 7219.12.00.05, that the most appropriate facts available International Trade Administration, rate should be the highest final, Department of Commerce. 7219.12.00.15, 7219.12.00.45, 7219.12.00.65, 7219.12.00.70, amended rate from previous segments ACTION: Notice of final results of 7219.12.00.80, 7219.21.00.05, conducted by the Department, which for antidumping duty administrative 7219.21.00.50, 7219.22.00.05, the instant review is Avesta’s amended review. 7219.22.00.10, 7219.22.00.30, final rate for the 1995–1996 administrative review period. As noted SUMMARY: On July 7, 1999, the 7219.22.00.60, 7219.31.00.10, Department of Commerce (the 7219.31.00.50, 7220.11.00.00, in the preliminary determination, the Department) published the preliminary 7222.30.00.00, and 7228.40.00.00. Department selects a facts available rate results of review in the antidumping Although the subheadings are provided that can be deemed both reliable and duty administrative review of stainless for convenience and customs purposes, relevant (64 FR at 36668–69). steel plate from Sweden (64 FR 36667). the written description of the Preliminary results, and final results The review covers two manufacturers/ merchandise is dispositive. that are later amended, are by their nature intermediary. In selecting the exporters, Avesta Sheffield AB (Avesta) Period of Review and Uddeholm Tooling AB, Bohler- proper basis for a facts available rate, Uddeholm Corporation and Uddeholm The period of review is June 1, 1997 section 351.308(c)(1)(iii) of the Limited (collectively, Uddeholm), of the through May 31, 1998. Department’s regulations specifies that results from previous administrative subject merchandise to the United Analysis of Comments Received States and the period June 1, 1997 reviews can be considered an We invited interested parties to through May 31, 1998. appropriate basis for secondary comment on the preliminary results of information used to make an adverse EFFECTIVE DATE: November 9, 1999. this administrative review. We received inference. In the instant review, the FOR FURTHER INFORMATION CONTACT: a timely filed case brief from Avesta. facts available margin selected is a rate Jonathan Lyons, Import Administration, Uddeholm informed the Department calculated in a prior segment of the International Trade Administration, that it had no comments on the proceeding. Since the Department U.S. Department of Commerce, 14th preliminary determination. Petitioners amended the rate in the final results for Street and Constitution Avenue, NW, did not submit any comments. the 1995–1996 period of review, the Washington, DC 20230; telephone (202) amended final rate for the 1995–1996 482–0374. Comment 1: Proper Facts Available Rate for Avesta review supersedes previous rates SUPPLEMENTARY INFORMATION: published for that segment in terms of On September 2, 1998, Avesta accuracy and appropriateness. The Applicable Statute notified the Department that it was amended final rate is the most reliable Unless otherwise indicated, all unable to participate in the 1997–1998 and relevant, thus meeting the citations to the Tariff Act of 1930, as administrative review and that it was requirements of section 776(c) of the amended (‘‘the Act’’) are references to not responding to the questionnaire sent Act. the provisions effective January 1, 1995, by the Department on August 12, 1998. the effective date of the amendments Because Avesta declined to respond to Final Results of Review made to the Act by the Uruguay Round the Department’s questionnaire, we As a result of this review, we Agreements Act (‘‘URAA’’). In addition, assigned Avesta an adverse facts determine that the following margins available rate of 29.36 percent in our unless otherwise indicated, all citations exist for the period June 1, 1997 through preliminary determination. to the Department’s regulations are May 31, 1998: references to the provisions codified at Avesta argues that the Department, in 19 CFR part 351 (1998). determining the facts available rate for Avesta—24.67 percent this review, used a final margin from a Uddeholm—7.30 percent Background previous review that was subsequently The Department shall determine, and The Department of the Treasury amended. Avesta asserts that the margin the U.S. Customs Service shall assess, published an antidumping finding on used, which was published on January antidumping duties on all appropriate stainless steel plate from Sweden on 12, 1998 (63 FR 1824) for the 1995–1996 entries. The Department shall issue June 8, 1973 (38 FR 15079). On July 7, administrative review, was amended on appraisement instructions directly to 1999, the Department published in the February 19, 1998 (63 FR 8434). Avesta the Customs Service. For assessment Federal Register the preliminary results further asserts that the corrected, lower purposes, we have calculated importer- of antidumping duty administrative rate of 24.67 percent should be the used specific duty assessment rates for the review of this antidumping finding (64 as the basis of the Department’s facts merchandise based on the ratio of the FR 36667) for the period June 1, 1997 available determination, as it is the total amount of antidumping duties through May 31, 1998. We invited accurate highest previous margin in this calculated for the examined sales to the interested parties to comment and case. Avesta argues that the Department total entered value of sales examined. received one comment regarding Avesta. should rely on the revised rate that Furthermore, the following deposit The Department has now completed this reflects the correction of an error made requirements will be effective, upon review in accordance with section by the Department in its 1995–1996 publication of this notice of final results 751(a) of the Act. final determination. With the of review, for all shipments of stainless
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See Decision Memorandum from Limit for Final Results of the cash deposit rate will continue to be Bernard Carreau to Robert S. LaRussa, Countervailing Duty Administrative the company-specific rate published for dated October 28, 1999, which is on file Review the most recent period; (3) if the in the Central Records Unit. exporter is not a firm covered in this AGENCY: Import Administration, This extension is in accordance with review, or the original investigation, but International Trade Administration, section 751(a)(3)(A) of the Act. the manufacturer is, the cash deposit Department of Commerce. Dated: November 3, 1999. rate will be the rate established for the ACTION: Bernard Carreau, most recent period for the manufacturer Notice of extension of time limit for final results of countervailing duty Deputy Assistant Secretary for Import of the merchandise; and, (4) the cash administrative review. Administration, Group II. deposit rate for all other manufacturers [FR Doc. 99–29342 Filed 11–8–99; 8:45 am] or exporters will continue to be 4.46 EFFECTIVE DATE: November 9, 1999. BILLING CODE 3510±DS±P percent, the all others rate established in the less-than-fair-value (LTFV) FOR FURTHER INFORMATION CONTACT: investigation. These deposit Norbert Gannon at (202) 482–1487 and requirements, when imposed, shall Eric B. Greynolds at (202) 482–6071, COMMODITY FUTURES TRADING remain in effect until publication of the Office of AD/CVD Enforcement VI, COMMISSION Import Administration, International final results of the next administrative Trade Administration, U.S. Department review. Notice of Cancellation of the Twenty- of Commerce, 14th Street and Seventh Meeting of the Agricultural This notice serves as a final reminder Constitution Avenue, N.W., Advisory Committee to importers of their responsibility Washington, D.C. 20230. under 19 CFR 351.402(f) to file a This is to give notice, pursuant to certificate regarding the reimbursement Time Limits Section 10(a) of the Federal Advisory of antidumping duties prior to Statutory Time Limits Committee Act, 5 U.S.C. App. 2, 10(a), liquidation of the relevant entries that the public meeting of the Section 751(a)(3)(A) of the Tariff Act during this review period. Failure to Commodity Futures Trading of 1930, as amended (the Act), requires comply with this requirement could Commission’s Agricultural Advisory the Department to make a preliminary result in the Secretary’s presumption Committee that was scheduled to be determination within 245 days after the that reimbursement of antidumping held on November 9, 1999, in the first last day of the anniversary month of an floor hearing room (Room 1000) of the duties occurred and the subsequent order/finding for which a review is assessment of double antidumping Commission’s Washington, DC requested and a final determination headquarters, Three Lafayette Center, duties. within 120 days after the date on which 1155 21st Street, NW, Washington, DC This notice also serves as the only the preliminary determination is 20581, from a 1 p.m. to 4:30 p.m., has reminder to parties subject to published. However, if it is not been cancelled and will be rescheduled administrative protective order (APO) of practicable to complete the review at a later date. their responsibility concerning the within the time period, section Any member of the public who disposition of proprietary information 751(a)(3)(A) of the Act allows the desires additional information may disclosed under APO in accordance Department to extend the time limit for contact Jennifer A. Roe, Administrative with section 351.306 of the the preliminary results to a maximum of Assistant to Commissioner David D. Department’s regulations. Timely 365 days and for the final results to 180 Spears, Chairman of the Advisory notification of return/destruction of days (or 300 days if the Department Committee, at 202–418–5043, or Marcia APO materials or conversion to judicial does not extend the time limit for the K. Blase, Committee Management protective order is hereby requested. preliminary results) from the date of the Officer, at 202–418–5138. publication of the preliminary results. Failure to comply with the regulations Issued by the Commission in Washington, and the terms of an APO is a Background DC on November 4, 1999. sanctionable violation. Jean A. Webb, On September 29,1998, the This administrative review and notice Department published a notice of Secretary of the Commission. are in accordance with section 751(a)(1) initiation of administrative review of the [FR Doc. 99–29348 Filed 11–5–99; 9:39 am] of the Act, section 771(i) of the Act, and countervailing duty order on certain BILLING CODE 6351±01±M 19 CFR 351.213. cut-to-length plate from Mexico, covering the period January 1, 1997, Dated: November 2, 1999. COMMODITY FUTURES TRADING through December 31, 1997 (63 FR Robert S. LaRussa, COMMISSION 51893). On September 8, 1999, (64 FR Assistant Secretary for Import 48796), we published the preliminary Sunshine Act Meeting; Notice Administration. results of review. In our notice of [FR Doc. 99–29344 Filed 11–8–99; 8:45 am] preliminary results, we stated our AGENCY HOLDING THE MEETING: BILLING CODE 3510±DS±P intention to issue the final results of this Commodity Futures Trading review no later than January 6, 2000. Commission.
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TIME AND DATE: 10 a.m., Wednesday, LOCATION: Room 420, East West Towers, DEPARTMENT OF DEFENSE November 17, 1999. 4330 East West Highway, Bethesda, PLACE: 1155 21st St., NW, Washington, Maryland. Office of the Secretary DC, Lobby Level Hearing Room. STATUS: Open to the Public. STATUS: Open. [Transmittal No. 00±01] MATTERS TO BE CONSIDERED: MATTER TO BE CONSIDERED: 36(b)(1) Arms Sales Notification —Proposed Amendments to Regulation FY 2000 Operating Plan 1.41; Contract Market Rules AGENCY: Department of Defense, Defense —Contract Market Rule Review The staff will brief the Commission Security Cooperation Agency. Procedures; Final Rules and the Commission will consider ACTION: Notice. —Withdrawal of the Over-the-Counter issues related to the Commission’s Derivatives Concept Release Operating Plan for Fiscal Year 2000. SUMMARY: The Department of Defense is CONTACT PERSON FOR MORE INFORMATION: For a recorded message containing the publishing the unclassified text of a Jean A. Webb, 202–418–5100. latest agenda information, call (301) section 36(b)(1) arms sales notification. Jean A. Webb, 504–0809. This is published to fulfill the Secretary of the Commission. requirements of section 155 of Public [FR Doc. 99–29443 Filed 11–5–99; 1:51 pm] CONTACT PERSON FOR ADDITIONAL Law 104–164 dated 21 July 1996. INFORMATION: Sadye E. Dunn, Office of BILLING CODE 6351±01±M FOR FURTHER INFORMATION CONTACT: Ms. the Secretary, 4330 East West Highway, J. Hurd, DSCA/COMPT/RM, (703) 604– Bethesda, MD 20207 (301) 504–0800. 6575. CONSUMER PRODUCT SAFETY Dated: November 5, 1999. The following is a copy of a letter to COMMISSION Todd A. Stevenson, the Speaker of the House of Sunshine Act Meeting Deputy Secretary. Representatives, Transmittal 00–01 with [FR Doc. 99–29489 Filed 11–5–99; 3:49 pm] attached transmittal and policy TIME AND DATE: 10 a.m. Monday, justification. BILLING CODE 6355±01±M November 15, 1999. BILLING CODE 5001±10±M
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Dated: November 3, 1999. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 99–29232 Filed 11–8–99; 8:45 am] BILLING CODE 5001±10±C
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DEPARTMENT OF DEFENSE ACTION: Notice. FOR FURTHER INFORMATION CONTACT: Ms. J. Hurd, DSCA/COMPT/RM, (703) 604– Office of the Secretary SUMMARY: The Department of Defense is 6575. publishing the unclassified text of a The following is a copy of a letter to [Transmittal No. 00±07] section 36(b)(1) arms sales notification. the Speaker of the House of Representatives, Transmittal 00–07 with 36(b)(1) Arms Sales Notification This is published to fulfill the requirements of section 155 of Public attached transmittal, policy justification, AGENCY: Department of Defense, Defense Law 104–164 dated 21 July 1996. and Sensitivity of Technology. Security Cooperation Agency. BILLING CODE 5001±10±M
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Dated: November 3, 1999. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 99–29233 Filed 11–8–99; 8:45 am] BILLING CODE 5001±10±C
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DEPARTMENT OF DEFENSE ACTION: Notice. FOR FURTHER INFORMATION CONTACT: Ms. J. Hurd, DSCA/COMPT/RM, (703) 604– Office of the Secretary SUMMARY: The Department of Defense is 6575. publishing the unclassified text of a The following is a copy of a letter to [Transmittal No. 00±08] section 36(b)(1) arms sales notification. the Speaker of the House of Representatives, Transmittal 00–08 with 36(b)(1) Arms Sales Notification This is published to fulfill the requirements of section 155 of Public attached transmittal and policy AGENCY: Department of Defense, Defense Law 104–164 dated 21 July 1996. justification. Security Cooperation Agency. BILLING CODE 5001±10±M
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Dated: November 3, 1999. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 99–29234 Filed 11–8–99; 8:45 am] BILLING CODE 5001±10±C
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DEPARTMENT OF DEFENSE ACTION: Notice. Ms. J. Hurd, DSCA/COMPT/RM, (703) 604–6575. Office of the Secretary SUMMARY: The Department of Defense is publishing the unclassified text of a The following is a copy of a letter to [Transmittal No. 00±09] section 36(b)(1) arms sales notification. the Speaker of the House of This is published to fulfill the Representatives, Transmittal 00–09 with 36(b)(1) Arms Sales Notification requirements of section 155 of Public attached transmittal and policy AGENCY: Department of Defense, Defense Law 104–164 dated 21 July 1996. justification. Security Cooperation Agency. FOR FURTHER INFORMATION CONTACT: BILLING CODE 5001±10±M
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Dated: November 3, 1999. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 99–29235 Filed 11–8–99; 8:45 am] BILLING CODE 5001±10±C
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DEPARTMENT OF DEFENSE ACTION: Notice. FOR FURTHER INFORMATION CONTACT: Ms. J. Hurd, DSCA/COMPT/RM, (703) 604– Office of the Secretary SUMMARY: The Department of Defense is 6575. publishing the unclassified text of a The following is a copy of a letter to [Transmittal No. 00±10] section 36(b)(1) arms sales notification. the Speaker of the House of Representatives, Transmittal 00–10 with 36(b)(1) Arms Sales Notification This is published to fulfill the requirements of section 155 of Public attached transmittal and policy AGENCY: Department of Defense, Defense Law 104–164 dated 21 July 1996. justification. Security Cooperation Agency. BILLING CODE 5001±10±M
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Dated: November 3, 1999. L.M. Bynum, Alternate OSD Federal Register Liaison Officer Department of Defense. [FR Doc. 99–29236 Filed 11–8–99; 8:45 am] BILLING CODE 5001±10±C
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DEPARTMENT OF DEFENSE An explicit tenet of these final rules, surgical hierarchy changes. The and one based on the statute authorizing CHAMPUS Grouper will incorporate all Office of the Secretary the use of DRGs by TRICARE/ changes made to the Medicare Grouper. CHAMPUS, is that the TRICARE/ B. Wage Index and Medicare Civilian Health and Medical Program of CHAMPUS DRG-based payment system Geographic Classification Review Board the Uniformed Services (CHAMPUS); is modeled on the Medicare PPS, and Fiscal Year 2000 DRG Updates that, whenever practicable, the Guidelines TRICARE/CHAMPUS will continue to AGENCY: Office of the Secretary, DoD. TRICARE/CHAMPUS system will follow the same rules that apply to the use the same wage index amounts used ACTION: Notice of DRG revised rates. Medicare PPS. HCFA publishes these for the Medicare PPS. In addition, TRICARE/CHAMPUS will duplicate all SUMMARY: This notice describes the changes annually in the Federal changes made to the TRICARE/ Register and discusses in detail the changes with regard to the wage index CHAMPUS DRG-based payment system impact of the changes. for specific hospitals that are In addition, this notice updates the in order to conform to changes made to redesignated by the Medicare rates and weights in accordance with the Medicare Prospective Payment Geographic Classification Review Board. our previous final rules. The actual System (PPS). changes we are making, along with a C. Hospital Market Basket It also provides the updated fixed loss description of their relationship to the TRICARE/CHAMPUS will update the cost outlier threshold, cost-to-charge Medicare PPS, are detailed below. adjusted standardized amounts ratios and the Internet address for according to the final updated hospital I. Medicare PPS Changes Which Affect accessing the updated adjusted market basket used for the Medicare the TRICARE/CHAMPUS DRG-Based standardized amounts, DRG relative PPS according to HCFA’s July 30, 1999, Payment System weights, and beneficiary cost-share per final rule. diem rates to be used for FY 2000 under Following is a discussion of the the TRICARE/CHAMPUS DRG-based changes the Health Care Financing D. Outlier Payments payment system. Administration (HCFA) has made to the Since TRICARE/CHAMPUS does not EFFECTIVE DATES: The rates, weights and Medicare PPS that affect the TRICARE/ include capital payments in our DRG- Medicare PPS changes which affect the CHAMPUS DRG-based payment system. based payments, we will use the fixed TRICARE/CHAMPUS DRG-based A. DRG Classifications loss cost outlier threshold calculated by payment system contained in this notice HCFA for paying cost outliers in the are effective for admissions occurring on Under both the Medicare PPS and the absence of capital prospective or after October 1, 1999. TRICARE/CHAMPUS DRG-based payments. For FY 2000, the fixed loss payment system, cases are classified ADDRESSES: TRICARE Management cost outlier threshold is based on the into the appropriate DRG by a Grouper Activity (TMA), Medical Benefits and sum of the applicable DRG-based program. The Grouper classifies each Reimbursement Systems, 16401 East payment rate plus any amounts payable case into a DRG on the basis of the Centretech Parkway, Aurora, CO 80011– for IDME plus a fixed dollar amount. diagnosis and procedure codes and 9043. Thus, for FY 2000, in order for a case demographic information (that is, sex, For copies of the Federal Register to qualify for cost outlier payments, the age, and discharge status). The Grouper containing this notice, contact the costs must exceed the TRICARE/ used for the TRICARE/CHAMPUS DRG- Superintendent of Documents, U.S. CHAMPUS DRG base payment rate based payment system is the same as the Government Printing Office, (wage adjusted) for the DRG plus the current Medicare Grouper with two Washington, DC 20402, (202) 783–3238. IDME payment plus $12,827 (wage modifications. The TRICARE/ The charge for the Federal Register is adjusted). The marginal cost factor for CHAMPUS system has replaced $1.50 for each issue payable by check or cost outliers continues to be 80 percent. Medicare DRG 435 with two age-based money order to the Superintendent of DRGs (900 and 901), and we have E. Blood Clotting Factor Documents. implemented thirty-four (34) neonatal TRICARE/CHAMPUS will add HCPCS FOR FURTHER INFORMATION CONTACT: DRGs in place of Medicare DRGs 385 code J7191 (clotting factor, porcine) to Marty Maxey, Medical Benefits and through 390. For admissions occurring the list of covered blood clotting factors Reimbursement Systems, TMA, on or after October 1, 1995, the for hemophilia patients and adopt telephone (303) 676–3627. CHAMPUS grouper hierarchy logic was changes to the payment rates as outlined To obtain copies of this document, see changed so the age split (age <29 days) in HCFA’s July 30, 1999, final rule, the ADDRESSES section above. Questions and assignments to MDC 15 occur effective for admissions on or after regarding payment of specific claims before assignment of the PreMDC DRGs. October 1, 1999. under the TRICARE/CHAMPUS DRG- This resulted in all neonate based payment system should be tracheostomies and organ transplants to F. Hospitals Excluded From the addressed to the appropriate contractor. be grouped to MDC 15 and not to DRGs Prospective Payment System SUPPLEMENTARY INFORMATION: The final 480–483 or 495. For admissions TRICARE/CHAMPUS will adopt the rule published on September 1, 1987 (52 occurring on or after October 1, 1998, changes outlined in HCFA’s July 30, FR 32992) set forth the basic procedures the CHAMPUS grouper hierarchy logic 1999, final rule as they apply to used under the CHAMPUS DRG-based was changed to move DRG 103 to the hospitals and units excluded from the payment system. This was subsequently PreMDC DRGs and to assign patients to Medicare PPS. amended by final rules published PreMDC DRGs 480, 103 and 495 before II. Cost to Charge Ratio August 31, 1988 (53 FR 33461), October assignment to MDC 15 DRGs and the 21, 1988 (53 FR 41331), December 16, neonatal DRGs. Grouping for all other For FY 2000, the cost-to-charge ratio 1988 (53 FR 50515), May 30, 1990 (55 DRGs under the TRICARE/CHAMPUS used for the TRICARE/CHAMPUS DRG- FR 21863), October 22, 1990 (55 FR system is identical to the Medicare PPS. based payment system will be 0.5429, 42560), and September 10, 1998 (63 FR For FY 2000, HCFA will implement which is increased to 0.5489 to account 48439). classification changes, including for bad debts. This shall be used to
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The updated rates and weights are DEPARTMENT OF DEFENSE Expressions of Interest accessible through the Internet at Pursuant to paragraph 7(C) of www.tricare.osd.mil under the heading Department of the Air Force § 2905(b) of the Defense Base Closure TRICARE Provider Information. Table 1 and Realignment Act of 1990, as Local Redevelopment Authority and provides the ASA rates and Table 2 amended by the Base Closure provides the DRG weights to be used Available Surplus Building and Land at Community Redevelopment and under the TRICARE/CHAMPUS DRG- the Former Lowry Air Force Base Homeless Assistance Act of 1994, state based payment system during FY 2000 (AFB), Located in Denver, CO and local governments, representatives and which is a result of the changes AGENCY: Department of the Air Force; of the homeless and other interested described above. The implementing DoD. parties located in the vicinity of the regulations for the TRICARE/CHAMPUS ACTION: Notice. former Lowry AFB shall submit notices DRG-based payment system are in 32 of interest in acquiring the property to CFR Part 199. SUMMARY: This notice provides the Lowry Redevelopment Authority. Dated: November 3, 1999. information regarding surplus Federal Pursuant to the Act, the Lowry real property, Building 1432, at the Redevelopment Authority will publish L.M. Bynum, former Lowry AFB and the in a paper of general circulation the Alternate OSD Federal Register Liaison redevelopment authority responsible for availability of the property, the period Officer, Department of Defense. planning the reuse of the base and during which it will receive notices of [FR Doc. 99–29237 Filed 11–8–99; 8:45 am] addressing the balance between interest in acquiring the property, and BILLING CODE 5001±10±P economic redevelopment and homeless the required content for notices of assistance. Lowry is located in the cities interest. of Denver and Aurora, Colorado. Janet A. Long, DEPARTMENT OF DEFENSE FOR FURTHER INFORMATION: Mr. John P. Air Force Federal Register Liaison Officer. Carr, Program Manager, Air Force Base [FR Doc. 99–29323 Filed 11–8–99; 8:45 am] Office of the Secretary Conversion Agency (AFBCA), 703–696– BILLING CODE 5001±05±P Department of Defense Wage 5547. For more detailed information Committee; Notice of Closed Meetings regarding the property, contact Mr. Mark Ashton, AFBCA, Lowry AFB, 303– DENALI COMMISSION Pursuant to the provisions of section 361–0406. 10 of Public Law 92–463, the Federal SUPPLEMENTARY INFORMATION: This Denali Commission Work Plan for Advisory Committee Act, notice is surplus property is available under the Federal Fiscal Year 2001 hereby given that closed meetings of the provisions of the Federal Property and ACTION: Notice and opportunity for Department of Defense Wage Committee Administrative Services Act of 1949 and public comment. will be held on December 7, 1999, the Base Closure Community December 14, 1999, December 21, 1999, Redevelopment and Homeless SUMMARY: The Denali Commission was and December 28, 1999, at 10:00 a.m. in Assistance Act of 1994. established by The Denali Commission Room A105, The Nash Building, 1400 Act of 1998 to deliver the services of Key Boulevard, Rosslyn, Virginia. Notice of Surplus Property Federal Government in the most cost- Under the provisions of section 10(d) Pursuant to paragraph (7)(B) of effective manner practicable to of Public Law 92–463, the Department § 2905(b) of the Defense Base Closure communities throughout rural Alaska, of Defense has determined that the and Realignment Act of 1990, as many of which suffer from meetings meet the criteria to close amended by the Base Closure unemployment rates in excess of 50%. meetings to the public because the Community Redevelopment Homeless Its purposes include, but are not limited matters to be considered are related to Assistance Act of 1994 (Public Law to, providing necessary rural utilities internal rules and practices of the 103–421), the following information and other infrastructure that promote Department of Defense and the detailed regarding the redevelopment authority health, safety and economic self- wage data to be considered were and surplus property at the former sufficiency. obtained from officials of private Lowry AFB, Denver, CO is published in The Denali Commission Act requires establishments with a guarantee that the the Federal Register. that the Commission develop proposed data will be held in confidence. work plans for future spending. In Redevelopment Authority However, members of the public who accordance with the Act, the may wish to do so are invited to submit The redevelopment authority for the Commission solicited project proposals material in writing to the chairman former Lowry AFB, Denver, CO, for the from local governments and other concerning matters believed to be purposes of implementing the entities. The Act further requires that deserving of the Committee’s attention. provisions of the Defense Base Closure the Commission publish annual work Additional information concerning and Redevelopment Act of 1990, as plans in the Federal Register for a 30- the meetings may be obtained by writing amended, is the Lowry Redevelopment day period, providing an opportunity to the Chairman, Department of Defense Authority. The Executive Director is Mr. for public review and comment. Wage Committee, 4000 Defense Thomas Markham in Denver, CO, 303– This Federal Register Notice serves to Pentagon, Washington, DC 20301–4000. 343–0276. announce the 30-day opportunity for
VerDate 29-OCT-99 16:57 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\09NON1.XXX pfrm02 PsN: 09NON1 61092 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Notices public comment on the Denali communications systems, bulk fuel every reasonable effort to maximize Commission Work Plan for Federal storage tanks, water and sewer systems public participation in plan Fiscal Year 2001. and other infrastructure needs. development and update. In order to integrate the Commission FOR FURTHER INFORMATION CONTACT: Challenges to Development and work plan with the federal FY 2001 Jeffrey Staser, Federal Co-Chairman, Economic Self-Sufficiency Denali Commission, 510 ‘L’ Street, Suite budget cycle, the Commission intends to 410, Anchorage, Alaska 99501, Phone: Geography—The State of Alaska have the FY 2001 work plan completed (907) 271–1414, Fax: (907) 271–1415, encompass twenty percent of the by December 1999. This will complete Email: [email protected], http:// landmass of the United States, a multi-year work plan, which will be www.denali.gov. encompassing five (5) climatic zones updated at least annually. from the arctic to moderate rain forests SUPPLEMETARY INFORMATION: Copies of Staffing the Denali Commission Work Plan can in the south. be obtained by contacting the Denali Isolation—Approximately 220 The Federal Co-Chairman is solely Alaskan communities are accessible responsible for Commission staffing and Commission as provided in the FOR only by air or small boat. Some regional administrative matters. Staffing will be FURTHER INFORMATION CONTACT section above. hub communities are separated by over kept to a minimum, and the a thousand miles from their State Commission will utilize staff detailed Jeffrey Staser, Capital. from federal, state, or other Federal Co-Chairman. Unemployment—The economy of organizations to the maximum extent Denali Commission 2000–2001 Work rural Alaska is a mix of natural resource possible. Contract support will also be Plan extraction and traditional native utilized where appropriate. subsistence activities. Many Alaskans November 15, 1999. are absolutely dependent on subsistence Funding Criteria Work Plan—Contents hunting and gathering. Cash paying The following criteria are intended to Part One—Denali Commission Purposes and employment opportunities in rural foster careful and systematic planning Approach Alaska are scarce; unemployment rates and coordination on a local, regional Purposes of Commission exceed 50% in 147 communities. and statewide basis for infrastructure Challenges to Development and Economic High cost and low standard of and economic development, and to Self-Sufficiency living—Over 180 communities suffer strongly support local involvement in Commission Relationship with Other from inadequate sanitation and a lack of project planning and implementation. Organization • Commission Schedule safe drinking water. Residents pay up to Projects should be compatible with Staffing 61 cents per kilowatt-hour for electricity local cultures and values. Funding Criteria even with State subsidies for rural • Projects that provide substantial Additional Criteria for Infrastructure power. health and safety benefit, and/or Projects enhance traditional community values, Additional Criteria for Economic Commission Relationship With Other will generally receive priority over those Development Projects Organizations that provide more narrow benefits. Part Two—Fiscal Year 2000 Work Plan The Commission intends to act as a • Projects should be sustainable. Project Selection Process for FY 2000 Bulk catalyst to encourage local, regional, and • Projects should have broad public Fuel Program and Utility Upgrades Other Power Related Projects Under statewide comprehensive assessment, involvement and support. Evidence of Review planning and ranking of needed support might include endorsement by Other Projects Under Review infrastructure improvements and affected local government councils FY 2000 Work plan economic development opportunities (municipal, Tribal, IRA, etc.), Part Three—Work Plan for FY 2001 and and training needs. participation by local governments in beyond The Commission working with planning and overseeing work, and local FY 2001 Work Plan existing agencies or other organizations cost sharing on an ‘ability to pay’ basis. FY 2002 and Beyond—Defined Funding whenever feasible, intends to improve • Priority will generally be given to Needs coordination and to streamline and projects with substantial cost sharing. Part One: Denali Commission Purposes expedite the development of needed • Priority will generally be given to and Approach infrastructure, economic development, projects with a demonstrated and training. commitment to local hire. Purposes of Commission The Commission may build on the • Commission funds may supplement The Denali Commission Act of 1998 work of both Federal and State of Alaska existing funding, but will not replace (Division C, Title III, PL 105–277) states agencies to identify statewide needs, to existing federal, state, local government, that the purposes of the Denali establish priorities, and to develop or private funding. Commission are: comprehensive work plans. • The Commission will give priority To deliver the services of the Federal The Commission will seek the to funding needs that are most clearly a Government in the most cost-effective support and involvement of affected federal responsibility. manner practicable by reducing local communities, governing bodies, Additional Criteria for Infrastructure administrative and overhead costs. businesses and other organizations. Projects To provide job training and other The Commission will encourage economic development services in rural partnerships between government, non- • A project should be consistent with communities, particularly distressed profit organizations, and businesses to a comprehensive plan. communities (many of which have a expedite sustainable economic and • Any organization seeking funding rate of unemployment that exceeds 50 infrastructure development. assistance must have a demonstrated percent). commitment to operation and To promote rural development, Commission Schedule maintenance of the facility for its design provide power generation and The Commission will hold quarterly life. This would normally include an transmission facilities, modern public Commission meetings and make institutional structure to levy and
VerDate 29-OCT-99 16:57 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\09NON1.XXX pfrm02 PsN: 09NON1 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Notices 61093 collect user fees if necessary, to account Arctic and sub-arctic communities are reported by both State and Federal field for and manage financial resources, and totally dependent on these leaking fuel inspectors. To these preliminary having trained and certified personnel storage tanks for heat, power and light. rankings the Commission then applied necessary to operate and maintain the In most instances, fuel is delivered additional selection criteria, including: facility. annually by barge. Suspension of even • Citations or warning letter from • Proposals should include a cost one delivery would have catastrophic EPA, USCG, or other regulatory breakdown by phase including breakout impact on local residents, many of agencies. for design, construction and annual O & whom live in a subsistence economy • Imminent threat to health and M. without cash to bring fuel tanks into safety, or threat of winter system failure. compliance with federal standards or to • Alternative or supplemental Additional Criteria for Economic pay fines. Overwhelmed by the cost and community/region specific funding Development Projects urgency of this crisis, residents opportunities, i.e., Federal through the • Priority will be given to projects appealed their plight to State and U.S. Department of Housing and Urban that enhance employment in high Federal Government representatives. Development (HUD) or Sate through the unemployment areas of the State, with In 1994 the Governor and Department of Education. emphasis on sustainable, long-term Congressional Delegation responded by • Financial need based on existing local jobs or career opportunities. requesting a moratorium on costs, rates, and income levels. • • Projects should be consistent with enforcement actions until an effective Community commitment and statewide or regional plans. solution could be found. With funds support of tribal elders. provided by Congress specifically for • The Commission may fund Factors reviewed by the Commission this purpose, the U.S. Environmental demonstration projects that are not a staff, working with Alaska Energy Protection Agency (EPA), working part of a regional or statewide economic Authority, in formulating through the Alaska Department of development plan if such projects have recommendations to the Commissioners Environmental Conservation (DEC) and significant potential to contribute to included: the Alaska Energy Authority (AEA, • Opportunity for consideration of economic development. formerly the Alaska Division of Energy), small tanks and economies of scale. Part Two: Fiscal Year 2000 Work Plan identified a work backlog, not including • Community size. cleanup, estimated at approximately • Cost sharing. In order to provide focus for the $450,000,000. Principle responsible • Demonstrated administrative, Commission’s second season of work, parties were often traced to pre- operation and maintenance capability. the theme of ‘‘Rural Energy’’ was statehood federal agencies or to a • Any federal tax delinquency of tank selected by the Commission to provide hodgepodge of now defunct entities. No farm owner(s). consistency and build on work one accepted responsibility. • Community contribution and completed in FY 1999. Bulk Fuel commitment. Storage and Utility Upgrades continue Electric power • Past experience working in the to be an important part of the Background—Rural communities of community. Commission work. Alaska, much like the rest of the nation, • Unusual conditions or costs. The following paragraphs describe in are dependent on electric power for Beginning in FY 01, two additional detail, the project selection process used basic life support. Unlike most other criteria will be key to selection for by the Alaska Energy Authority. areas of the country, Alaska’s rural Denali Commission funding: Throughout FY 2000, Commission and communities are remote (not connected 1. Consistent with statewide energy staff will be working on development of to a power grid) and subject to extreme strategy now under development; and additional focus areas or ‘‘themes’’. The weather conditions. When a system 2. Consistent with an adopted goal of the Commission is to build on fails, there are no backups and the life community based comprehensive plan the success of the energy program and and safety of people are in jeopardy. Ultimately, project selection reflected increase the number of focus areas or Funding for upgrade and maintenance the active involvement, cooperation and ‘‘themes’’ along with associated of systems has been grossly inadequate, support of federal and state regulators, funding. The themes will consist of resulting in many systems being unsafe, tank farm and electric utility owners, specific programs or project areas that undependable, and very expensive to and community leaders. show a great need and limited funding operate. A comprehensive assessment of Project Management Procedures to address that need. needs has not yet been completed, but The Commission determined that the Bulk Fuel Storage the AEA has identified a number of systems needing immediate assistance. most cost-effective manner to reduce Background—The U.S. Coast Guard The AEA has also identified some overhead and adminsitrtive costs (USCG) documented major deficiencies opportunities to replace or supplement involved with managing its Bulk Fuel associated with rural bulk fuel tank high cost diesel power with alternative Storage Tank Program in FY 2000 was farms in 1991 and began the process of energy sources. to take full advantage of the Alaska notifying communities that failure to Energy Authority contracts and correct deficiencies would result in Project Selection Process for FY 2000 structure, while maintaining substantial fines and suspension of fuel Bulk Fuel Program and Electric Power appropriate oversight. deliveries. Deteriorated tanks dating Utility Upgrades Key elements of project development back to WW–II vintage were leaking The Commission focused on the most used by the AEA are: petrochemical contamination into local severe problems first by drawing on an 1. Consult with Facility Owners and water supplies causing sickness in extensive database compiled by the Sate Community Representatives. Staff children and elderly people. Lack of of Alaska in coordination with EPA and traveled to the community to meet with building code compliance further the U.S. Coast Guard (USCG). This data tank farm owners, utility owners, and exposed residents to a high risk of was used to develop a preliminary community representatives to obtain catastrophic fire. Large numbers of tanks ranking of communities based on the information, to develop an initial lacked adequate spill control features. current condition of their facilities as project concept, and to determine
VerDate 29-OCT-99 14:22 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\A09NO3.004 pfrm03 PsN: 09NON1 61094 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Notices project participants. Community 5. Place Project Funds and Set up of fill material in wetlands for rural bulk representatives include municipal Accounts with Trustee Accounting Firm. fuel storage facilities. This approval government, tribal government, and the The AEA uses a standing contract with process, which is necessary for virtually Village Corporation. The Commission a private sector accounting firm to all tank farm projects in rural Alaska, made approval by village elders a provide all accounting and payment normally requires 3–4 months to prerequisite for funding. In this way, services required. The Commission complete but is expected to require only traditional cultural values are sustained releases funding for projects involving 15–30 days under the general permit. and potentially harmful community Denali Commission funds to the trustee The State of Alaska has adopted the impacts are minimized. firm as oversight criteria are met. Uniform Fire Code (UFC) as part of its Any tank farms that would not be Disbursements to vendors for project Alaska Administrative Code included in the program for FY 2000 are materials, to engineering and requirements for building permits. The also identified and the reasons for such construction management firms for UFC was not written for rural Alaska exclusion are determined. If deficient services rendered, and to force account conditions and, in some cases, is facilities will not be upgraded as part of labor are made by the trustee firm only difficult or impossible to apply to rural the Commission’s program, efforts are as directed by the AEA and/or Alaska tank farms. Therefore, the AEA made to develop a plan with the facility Commission. The trustee firm, in order and the State Fire Marshal signed a owner on how those facilities will be to ensure clear, up-to-date budget and memorandum of agreement that brought up to code in the future. expenditure information for each provides practical solutions to problems 2. Consult with State and Federal project, provides monthly expenditure posed by UFC requirements. The agencies. The Commission asked the and activity reports. agreement reflects consideration for AEA to coordinate with other agencies 6. Projects Design and Site Selection. dispensing tank placement, tank and to determine potential sources for In consultation with the project setback, flood protection, fire-resistive supplemental funding of the project participants and community supports or pilings, dike wall materials, wherever possible. Federal agencies representatives, the AEA then proceeds equipment placement inside the include the USCG, EPA, HUD, Bureau of into site selection and project design. secondary containment area, overfill Indian Affairs, and Public Health The participants must agree to the site prevention equipment, and bulk transfer Service. State agencies include the and design before funds are committed to small tank vehicles. Departments of Education, to project construction. 9. Construction Management and Environmental Conservation, and The AEA maintains standing Local Hire. Local hire is a basic Transportation and Public Facilities. contracts with local engineering firms principle of the Commission. The 3. Develop Grant Agreement. When for a broad scope of services. At the Commission seeks to stimulate the agreement is reached on a project present time, the AEA has four such creation of not only jobs, but also concept, and funding has been contracts in place that will remain in careers. Local labor helps hold down identified, the AEA prepares a grant effect through December 2000, at which project costs. Local hire means that agreement and a ‘‘consolidation time a new set of contracts will be people who are knowledgeable about agreement.’’ Grant agreements not only issued. At any time, the AEA can issue the project will remain in the formalize the funding commitment one or more work orders to any of these community after construction. project but also commits grantees—the four firms to immediately begin work on As mentioned above, four project future owners of new or reconstructed a project related task. These firms are management firms supplement the facilities—to assist in project primarily for project design, both for AEA’s in-house ability to provide development and to properly maintain bulk fuel storage and for electric utility overall project management. These the projects in the future. upgrades. flexible contracts are set up on a work a. Most labor is hired locally on‘ ‘force 7. Site Control. Similar contracts are order basis—whenever the AEA needs account’’ by the local grantee or in place with a right-of-way firm to to assign a project manager to a project, government entity. The only ‘‘outside’’ immediately begin work on site control it will be able to issue a work order that hires are typically foremen, who must services, including all takes related to specifies the particular individual or have extensive experience, and land ownership determination, skill set to be assigned. This provides specialized skilled labor (i.e., welders) ownership transfers, leases, and access to as many project managers as not usually locally available. In the easements. The site control task begins needed, whatever the workload future, through focused training, we in conjunction with preliminary designs demands. hope to be able to fill all positions specifically on the determination of This is essential to maintaining the locally or at least within a region. land ownership. When the project force account construction approach b. A private sector firm is retained to design has been adopted, the contractor that has been successful in the past and perform the project accounting, local proceeds with all steps needed to has been well received by local payroll, and invoice payment, a acquire site control. The present communities. A project manager is significant advantage in cost and time contract runs through February 2000, at needed to communicate directly with compared with government which time one or more new contracts the community grantee, the design administration, particularly in the will be issued. engineer, the site control contractor, and context of tight construction schedules. 8. Permitting and Environmental the on-site construction foreman; to c. Competitive bids are solicited for Compliance. Commission oversight handle material procurement, equipment and materials. The AEA has ensures that all applicable permits and scheduling and transportation; and to chosen to use State regulations for regulations pertaining to project provide financial management and competitive awards among vendors. construction and operation are obtained control. 4. Develop Consolidation Agreement. or satisfied. Among these permit sand 10. Operations and Maintenance. The The consolidation agreement binds all approvals are the following: Commission oversees the preparation of the tank farm participants and The U.S. Army Corps of Engineers and proposal process, including details records agreement on specific developed a ‘‘general permit’’ that will on operations and maintenance (O&M) ownership and management structure expedite approval under Section 404 of responsibility. Local sponsors must for the new facility upon its completion. the Clean Water Act for the placement participate in addressing their estimated
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O&M budget and revenue requirements. completed by December 1999. utilities, power utilities, and fuel The Commission also supports training Development of a comprehensive energy storage. for tank farm operators. strategy is expected to begin in January The backlog of work in the Bulk Fuel 11. Insurance. The AEA purchases 2000. Storage Program alone has been liability insurance to cover damages that estimated by the Alaska Energy Other Projects may be claimed during the construction Authority to be approximately phase of our projects, and arranges The Commission received numerous $450,000,000. No estimate is currently pollution and liability insurance local or community specific available for some fundamental needs, coverage for consolidated tank farms recommendations. To date, these including health care facilities and after the project is complete and placed include economic development, telecommunications. in operation. To date, insurance infrastructure, and capacity building Assessment of needs and refinement applying to the operational phase has projects. Consistent with its published of estimates will be an ongoing process. been purchased by the AEA on behalf of criteria, the Commission will evaluate The total of known infrastructure needs the new tank farm owner for the first each of these projects and determine is estimated to be over $10 billion. year of operation—no commitments eligibility and priority for funding. Allocation of funds to various funding have yet been made for succeeding Due to the massive needs of rural categories and classes within those years. areas, and the need to improve the categories (see following table) will be 12. Regulatory Plans. A part of the coordination of federal and state based on a formula agreed to by the AEA scope of work for every tank farm programs, the Commission has initiated Commission at the beginning of each project is the preparation of all required several cooperative efforts to enhance fiscal year. For FY 2000 the formula regulatory plans, including the coordination among federal and state allocates 75% of available funds to Operations Manual and Facility agencies, and encourage comprehensive infrastructure, 10% to economic Response Plan required by the USCG community-based local and regional development and 10% to job training and the Spill Prevention Control and planning. As the results of these efforts and capacity building. The Commission Countermeasure Plan required by EPA. materialize, the Commission will has a statutory limit of 5% for 13. As-Built Drawings and Project develop strategies, or ‘‘funding themes’’, administrative expenses. Completion Report. Closeout tasks to most effectively accomplish its On-going feasibility work will guide include as-built drawings and a project statutorily mandated goals. In the completion report, along with a final specific project selection and approval meantime it is the intent of the at quarterly Commission meetings. project accounting. Commission in funding ‘‘Other Long-Term Follow-up. The AEA Of necessity, the Commission’s work Projects’’ to advance the development of developed and maintains a rural tank must be phased over a number of years funding themes. When a new funding farm database. They plan to continue re- based on the urgency of competing visiting rural tank farms on a three-year theme is developed by the Commission, needs and availability of funding. The rotating schedule to update information the purpose, process, and deadlines for theme of rural energy, as one important on tank farm conditions, and to provide seeking assistance will be announced to prerequisite to all other utilities and limited circuit rider services. In the all rural communities and/or regional economic development, guided the future, the Commission may expand and organizations in Alaska. decisions for FY 1999 and will continue integrate these programs into other to be a primary area of focus in FY 2000. initiatives. For example, every three FY 2000 PROJECT/FUNDING SUMMARY For planning purposes, the Commission years, staff or contractors could examine budgeted $45,000,000 using the Funding category and cat- Commission approved formula. This both the tank farms and electric utility egory class systems in each community, update the funding increment is based on the data base on current conditions, and Infrastructure: Subtotal ...... $15,000,000 addition of one or possibly two themes provide preventive maintenance Economic Development: Sub- for FY 2001. The theme(s)* will build services as needed for both fuel storage total ...... 2,000,000 on the success of the existing program and electrical systems. This may expand Job Training, Education, Ca- and provide funding for programs and/ to include all utilities in the future. pacity Building: Subtotal ..... 2,000,000 or projects that demonstrate a great Administration: Subtotal ...... 1,000,000 need, federal responsibility, and limited Other Power Related Projects amount of funding to meet the need. A Total ...... 20,000,000 Statewide energy needs assessment graphic representing the ‘‘theme’’ and planning is being undertaken in a concept is shown below. For Part Three: Work Plan for FY 2001 and cooperative arrangement between the illustration, the graphic shows a basic Beyond State and federal government in order to program amount of $5 million guide capital funding decisions. The The Commission determined that the (Economic Development, Training, Commission is a partner in this effort scope and scale of infrastructure issues Administration, etc.), $15 million to be with the State and U.S. Department of facing rural Alaska are staggering. The applied annually to the first theme, and Agriculture Rural Development. A following table summarizes identified incremental amounts of $10 million for comprehensive assessment of issues and needs for infrastructure categories such subsequent themes. their inter-relationships will be as drinking water and wastewater BILLING CODE 3300±01±M
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BILLING CODE 3300±01±C The incremental budget plan for FY Note: In FY 2001 in addition to other The Commission seeks to be informed 2001 is as follows: applicable criteria, any project selected for by the public year to year as to how best funding should be a part of a community to allocate its efforts and thus reserves Funding category and cat- based local or regional comprehensive plan. egory class the option of chaning its allocation Additionally, any energy related projects should be consistent with the comprehensive formula after hearing from the public. Infrastructure: Subtotal ...... $33,750,000 statewide energy strategy. Likewise, there may be variations in Economic Development: Sub- specific areas of focus from year-to-year total ...... 4,500,000 The following table summarizes Job Training, Education, Ca- to reflect the public sense of priority current estimates of needs: and judgement of the Commission. Once pacity Building: Subtotal ..... 4,500,000 the Commission approves specific Administration: Subtotal ...... 2,250,000 projects, they are assigned to a category Total ...... 45,000,000 class.
Funding category and category class
Infrastructure: Housing Construction/Development ...... $1,800,000,000 School Construction and Major Maintenance ...... 530,000,000 Power Utilities ...... 168,000,000 Fuel Storage ...... 450,000,000 Drinking Water Facilities. Waste Water Utilities ...... 1,058,000,000 Waste Management Facilities. Health Care Facilities ...... (1) Airport Facilities ...... 926,000,000 Road Construction ...... 5,600,000,000 Port Facilities ...... 214,000,000 Telecommunications ...... (1) Community Facilities ...... (1) Other ...... (1)
Subtotal ...... 10,546,000,000 Economic Development: Comprehensive Planning ...... (1) Other ...... (1) Job Training, Education, Capacity Building: Comprehensive Planning ...... (1) Other ...... (1)
Total ...... 10,546,000,000 See Appendix A for background Information on this table. 1Unknown.
Appendix A Source: Housing and Urban Development housing is approximately $1.8 billion. This FY 1999 Report. estimate does not include repairs and Housing Construction/Development Background: According to the FY 1999 renovation projects. The number of units Need: $1.8 Billion. report published by HUD, Alaska has a need needed has increased from the 1990 census, Annual Funding: $58–87 million. for 12,519 new units. At an average cost of which showed over 11,000 units needed. $145,000 per unit, the total need for new
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At the current rate, 400 to 600 units are in rural communities. Efficiencies such as Municipal Matching Grant and Loan constructed in Alaska each year generator efficiencies, structure insulation, Program provides grants and loans to (approximately $58–87 million). waste heat recovery, transmission medium sized communities for planning, Projects are prioritized and funded in a efficiencies, and alternative power generation design, and construction of water, sewer, and variety of ways including grants to local are all possible topics of consideration for the solid waste projects. The program is a housing authorities, regional housing Commission. division of the State of Alaska Department of authorities, low interest loans, and transfers Environmental Conservation’s Facility to other agencies. Fuel Storage Construction and Operations (FC&O) Entities providing funding for housing Need: $450,000,000. Division. The currently defined needs as includes, but may not be limited to, HUD, Annual Funding: $15–18 million ($8–10 submitted only reflect the requests from AHFC, and USDA. million Denali Commission). communities interested in projects. This Source: Division of Energy (Alaska Energy amount does not reflect the overall need. The School Construction and Major Maintenance Authority) Briefing Report dated September current list of requested projects totals Need: $530,183,470. 24, 1999. $78,151,372. The current funding level of Annual Funding: No recurring funding Background: The Alaska Energy Authority this 50% matching grant program is source. initiated an assessment of all bulk fuel tank $18,164,200. Source: Final Agency Decision: 4/5/99; farms in rural Alaska communities in 1996. It should also be noted that the information Project Priority List Published by the State of The three-year project assessed the condition provided by FC&O is not broken out by Alaska Department of Education. of the tank farms, including the total fuel project type, nor does the division have the Background: Based on requests from capacity of each in terms of gallons. resources to provide such a breakout. individual school districts, the State of Approximately 180 communities were Health Care Facilities Alaska Department of Education (DOE) has surveyed during the three-year assessment compiled a listing of school construction and period. Total storage capacity of the surveyed Need: Unknown. major maintenance projects. DOE has communities is 75,221,754 gallons. Annual Funding: Unknown. reviewed the project requests and distilled Assuming an average cost to upgrade as $6/ Source: None. the eligible projects to list that totals gal, the total cost to construct new code Background: There is no comprehensive $530,183,470. compliant tank farms in each community is source of information relating to the needs The state school construction program is approximately $450,000,000. for local healthcare facilities. Typically, a not currently funded. This program is the community or village will build a clinic and primary responsibility of the state and will Water, Wastewater, Solid Waste lease the facility back to the organization remain such. However, there may be Need: $1,057,512,641. responsible for healthcare in their opportunities for the Denali Commission to Annual Funding: $78.1 Million; $18 community. The Commission has allocated assist the state in areas that are federal Million ANTHC, $21.6 million FC&O (Incl. funding to complete an assessment of responsibility such as bulk fuel storage AHFC, EPA, USDA–RD and state). healthcare facility needs during the next upgrades. Source: Sanitation Deficiencies System year. The Denali Commission will continue to Update, May 1999, Published by the Alaska Airport Facilities work with the State Department of Native Tribal Health Consortium, Department Need: $926 Million. Education, and at the point when a school of Environmental Health and Engineering, Annual Funding: $58–87 Million. construction program is funded, will work to Division of Sanitation Facilities Source: 995 Transportation Needs and determine if there is an opportunity for the Construction. Priorities in Alaska; Published by State of Denali Commission to assist with some Background: The Alaska Native Tribal Alaska Department of Transportation and federally mandated component of the Health Consortium (ANTHC) is the Public Facilities. And the current FAA program. responsible organization for administering Aviation Improvement Program (AIP). the Public Health Service (PHS) construction Power Utilities Background: The Federal Aviation program here in Alaska. The currently Need: $168,000,000. Administration currently provides most of defined needs, according to the ANTHC/PHS Annual Funding: No program of annual the funding for airport projects throughout Sanitation Deficiency System that estimates funding. the state. The state or local sponsor will the overall need in the areas of Water/ Source: Percy Frisby, Director, Alaska contribute roughly 10% in the form of match. Wastewater/Solid Waste, to be $873,670,525. Energy Authority. There are 1,112 designated airports, seaplane Currently the ANTHC receives approximately Background: According to the Alaska bases, and aircraft landing areas in the state $18,000,000 annually to perform this work. Energy Authority (formerly the State of of Alaska. The Alaska Department of ANTHC has responsibility for the tribal Alaska Division of Energy), they have needs Transportation & Public Facilities (ADOT& communities and the mission is to provide in the following categories for the following PF) owns and operates 261 public airports, facilities for Native Alaskans. There is some amounts. the majority of Alaska’s public airports. overlap with the VSW program. $68,000,000 Power Plant Construction and Additionally, 23 public airports are owned Source: SFY 2000 Capital Budget Priority and operated by local governments. Rehabilitation Lists, 12/16/98; Published by the State of Backlog of airport projects in the state $100,000,000 Power distribution system Alaska Department of Environmental amounts to approximately $926 million ($1.3 construction, expansion and Conservation, Division of Facility billion in an informal, 1997 tally completed rehabilitation Construction and Operations. by statewide aviation). The Alaska Energy Authority (AEA) is a Background: Village Safe Water (VSW); Historically, funding that the state receives state agency commissioned with oversight of The State of Alaska Village Safe Water for airports from the FAA AIP program has energy related infrastructure in rural Alaska. Program is a division of the State of Alaska ranged from $58 million in 1990, to $81 The agency functions predominantly in areas Department of Environmental Conservation’s million in 1998. that are typically not covered by a utility Facility Construction and Operations (FC&O) cooperative. These power plants and Division. The division provides grants for Road Construction and Major Maintenance distribution systems are typically in areas planning, design, and construction of water, Need: $5.6 Billion. where the economic base is insufficient to sewer, and solid waste projects in small, Annual Funding: $320,000,000. bond or self-fund construction of the power rural communities throughout Alaska. The Source: 1995 Transportation Needs and facilities and other sources of funding are currently defined needs as submitted by Priorities in Alaska; Published by State of required. At the current time, the AEA is the VSW only reflect the requests from Alaska Department of Transportation and only source of funding for these projects, and communities interested in projects. This Public Facilities. there is no defined funding stream to take amount does not reflect the overall need. The Background: The State of Alaska care of the above stated needs. current list of requested projects totals administers all of the Federal Highway Another interest of the Denali Commission $105,690,744. The current funding level for funding allocated to Alaska with the is to work towards conserving energy usage VSW is $41,890,574. exception of money specifically designated
VerDate 29-OCT-99 14:22 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\A09NO3.009 pfrm03 PsN: 09NON1 61098 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Notices for the Bureau of Indian Affairs, which The remoteness and sparse populations increases for the Spring, Summer and amounts to approximately $14 million per that so uniquely identify rural Alaska also are Fall seasons ranging from 0.02% to year. Although overall funding levels are up the primary limitations for private 0.28%. Algonquin proposes to levelize for roads, the BIA share has slipped from $16 telecommunications to justify connections in million under ISTEA. The BIA funding does most communities. the three non-winter periods in not go far considering it must provide for Typically, small communities have access response to requests from customers for approximately 200 tribes. only through the local public school or rate stability. Overally needs for highway and road library, and tribes may have access through Algonquin requests any waivers a program being implemented by the projects were estimated at $5.6 billion in necessary to permit the percentages 1995. Average funding levels are estimated at Department of Interior. Private users are approximately $320 million, up from prohibited from accessing these federally calculated from the actuals for the entire approximately $220 million under ISTEA. subsidized services. So, an individual who 8-month period, combining Spring, Most of the FHWA funding stays in the wishes to access vital information, obtain Summer and Fall, to be applied during rail-belt, with some funding going to rural distance education or training, open a web- each of the three seasonal periods so communities for sanitation roads and trail site for commerce, or have an e-mail account that for the entire 8-month period the markings. Funding for projects off of the road from home, must use ‘‘1800 dial-up access’’. FRP will not change from one season to system goes primarily to the larger hub Such service in rural Alaska costs between communities. $200–$400 per month for basic e-mail and the next. minimal Web browsing. Algonquin also states that it is Port Facilities The Denali Commission will evaluate the submitting the calculation of the fuel Need: $214 Million plus. availability of basic telecommunications, reimbursement quantity (‘‘FRQ’’) Annual Funding: Varies by year, typically Internet technologies, and other advanced between $0–5 Million. telecommunications in relation to the future deferral allocation, pursuant to Section Source: 1995 Transportation Needs and of economic development, education, 32.5(c) which provides that Algonquin Priorities in Alaska; Published by State of training and healthcare in rural Alaska. will calculate surcharges or refunds Alaska Department of Transportation and designed to amortize the net monetary Community Facilities Public Facilities. value of the balance in the FRQ Deferred Background: The State owns 78 of 95 Need: Unknown. Account at the end of the previous public harbor facilities, operates those Annual Funding: Unknown. harbors through agreements with local Background: Communities have a need for accumulation period. Algonquin states governments, and provides financial and community assembly facilities for various that for the period August 1, 1998 technical assistance to communities purposes, including planning, meetings, through July 31, 1999, the FRQ Deferred expanding or developing new harbors to traditional functions, and recreation for Account resulted in a net credit balance meet demand and economic development youth. These facilities, when available, are that will be refunded to Algonquin’s objectives. The state of Alaska DOT&PF heavily used in rural communities. No customers, based on the allocation of assessment mechanism is in place for estimates that there are approximately $214 the account balance over the actual million in deferred maintenance, port, and determining statewide needs for community harbor projects. The department’s goal is to facilities. throughput during the accumulation eventually be out of the harbor and port period, exclusive of backhauls. [FR Doc. 99–29251 Filed 11–8–99; 8:45 am] business with the possible exceptions of BILLING CODE 3300±01±M Algonquin states that copies of this Alaska Marine Highway System facilities, filing were mailed to all affected and several refuge floats in remote areas. In recent history, there has been little to no customers of Algonquin and interested funding for ports and harbors in the state of DEPARTMENT OF ENERGY state commissions. Alaska. Most of the funding that is received Any person desiring to be heard or to provides match to Corps of Engineers Federal Energy Regulatory protest said filing should file a motion funding. Some funding appropriated in Commission recent years has gone to repair and transfer to intervene or a protest with the of selected harbors in the state. In rural [Docket No. RP00±42±000] Federal Energy Regulatory Commission, Alaska, there is an as yet undefined need for 888 First Street, NE, Washington, DC harbor facilities for small communities Algonquin Gas Transmission 20426, in accordance with Sections located in the coastal areas and along the Company; Notice of Proposed 385.214 or 385.211 of the Commission’s river systems. Many communities currently Changes in FERC Gas Tariff Rules and Regulations. All such motions pull small boats up on to the beach and in or protests must be filed in accordance some locations, this can be hazardous and November 3, 1999. environmentally detrimental. The Denali Take notice that on October 29, 1999, with Section 154.210 of the Commission may consider undertaking an Algonquin Gas Transmission Company Commission’s Regulations. Protests will assessment to determine the needs in this (Algonquin) tendered for filing as part of be considered by the Commission in area. its FERC Gas Tariff, Fourth Revised determining the appropriate action to be Telecommunications Volume No. 1, Tenth Revised Sheet No. taken, but will not serve to make protestants parties to the proceedings. Need: Unknown. 40, to become effective on December 1, Annual funding: Unknown. 1999. Any person wishing to become a party Background: Telecommunications and Algonquin states that, pursuant to must file a motion to intervene. Copies Internet technologies, which are Section 32 of the General Terms and of this filing are on file with the revolutionizing daily life in the United Conditions of its FERC Gas Tariff, it is Commission and are available for public States, are not reaching most Alaskan filing to revise the Fuel Reimbursement inspection in the Pubic Reference Room. communities. The positive impact Internet Percentages (FRPs) for the four calendar This filing may be viewed on the web connections will have on education, training, periods beginning December 1, 1999. at http://ww.ferc.fed.us/online/rims.htm healthcare and economic development in Algonquin states that the use of actual rural communities can not be (call 202–208–2222 for assistance). data for the latest available 12-month overemphasized. The negative impact of David P. Boergers, period yields increased FRPs which, leaving the rural communities behind in Secretary. technological advances will only further compared to the last FRQ annual filing, compound the challenges of self- consist of a 0.01% increase in the FRP [FR Doc. 99–29283 Filed 11–8–99; 8:45 am] sustainability for rural Alaska. for the Winter season and seasonal BILLING CODE 6717±01±M
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DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Parkway, Fairfax, Virginia 22030–0146, filed in Docket No. CP00–13–000 an Federal Energy Regulatory Federal Energy Regulatory application pursuant to Section 7(c) of Commission Commission the Natural Gas Act (NGA) for authority [Docket No. RP00±45±000] to uprate an existing compressor unit at [Docket No. RP00±44±000] Columbia Gas’ Flat Top Compressor ANR Pipeline Company; Notice of Station, located in Summers County, ANR Pipeline Company; Notice of Proposed Changes in FERC Gas Tariff West Virginia, to provide new firm Proposed Changes in FERC Gas Tariff transportation service to Equitable November 3, 1999. Production Company (Equitable). November 3, 1999. Take notice that on October 29, 1999, Columbia Gas identifies this filing as a ANR Pipeline Company (ANR) tendered Take notice that on October 29, 1999, companion to the Joint Stipulation and for filing, as part of its FERC Gas Tariff, Agreement (settlement) filed on October ANR Pipeline Company (ANR) tendered Second revised Volume No. 1, the for filing as part of its FERC Gas Tariff, 8, 1999, in Docket No. CP99–137–000, following revised tariff sheet to be and Columbia Gas specifically request Second Revised Volume No. 1, the effective December 1, 1999: following tariff sheets to become that the Commission act upon this application in conjunction with action effective December 1, 1999: First Revised Sheet No. 4E.1 ANR states that the purpose of this on the settlement, all as more fully set Thirty-ninth Revised Sheet No. 8 filing is to designate in its tariff two new forth in the application which is on file Thirty-ninth Revised Sheet No. 9 points eligible for service under its with the Commission and open to Thirty-eighth Revised Sheet No. 13 public inspection. This filing may be Forty-seventh Revised Sheet No. 18 existing Rate Schedule IPLS. ANR states that copies of the filing viewed on the web at http:// www.ferc.us/online/rims.htm (call 202– ANR states that the above-referenced have been mailed to all affected 208–2222 for assistance). tariff sheets are being filed to eliminate customers and state regulatory commissions. Communications concerning this the currently effective gas supply filing should be addressed to: Fredric J. realignment surcharges and base rate Any person desiring to be heard or to protest said filing should file a motion George, Attorney, Columbia Gas adjustments, due to the expiration of the Transmission Corporation, Post Office recovery period for such transition to intervene or a protest with the Federal Energy Regulatory Commission, Box 1273, Charleston, West Virginia costs. 888 First Street, NE., Washington, DC 25325–1273, Telephone: 304–357–2359, Any person desiring to be heard or to 20426, in accordance with sections Fax: 304–357–3206. protest said filing should file a motion 385.214 or 385.211 of the Commission’s Columbia Gas proposes to uprate the to intervene or a protest with the Rules and Regulations. All such motions Flat Top Compressor Station Federal Energy Regulatory Commission, or protests must be filed in accordance horsepower(hp) from 4,700 hp to 6,960 888 First Street, NE., Washington, DC with Section 154.210 of the hp, in order to provide 65,000 20426, in accordance with Sections Commission’s Regulations. Protests will Dekatherms of new firm transportation 385.214 or 385.211 of the Commission’s be considered by the Commission in service to Equitable each day, for a Rules and Regulations. All such motions determining the appropriate action to be three-year primary term beginning or protests must be filed in accordance taken, but will not serve to make December 1, 1999. The proposed uprate with Section 154.210 of the protestants parties to the proceedings. is estimated to cost approximately Commission’s Regulations. Protests will Any person wishing to become a party $25,000.00, and Columbia Gas requests be considered by the Commission in must file a motion to intervene. Copies that such estimated cost be rolled into Columbia Gas’ rate base, in Columbia determining the appropriate action to be of this filing are on file with the Gas’ next general Section 4(e) rate taken, but will not serve to make Commission and are available for public proceeding, so that no existing protestants parties to the proceedings. inspection in the Public Reference Room. This filing may be viewed on the customers will be burdened with a rate Any person wishing to become a party increase resulting from the cost of this must file a motion to intervene. Copies web at http://www.ferc.fed.us/online/ rims.htm (call 202–208–2222 for project. of this filing are on file with the assistance). The Joint Stipulation and Agreement Commission and are available for public that Columbia Gas filed on October 8, inspection in the Public Reference David P. Boergers, Secretary. 1999, is with the Equitable Gas Room. This filing may be viewed on the Company, Equitable Production [FR Doc. 99–29286 Filed 11–8–99; 8:45 am] web at http://www.ferc.fed.us/online/ Company and Kentucky-West Virginia rims.htm (call 202–208–2222 for BILLING CODE 6717±01±M Gas Company, L.L.C. (the Equitable assistance). Companies), and provides for the David P. Boergers, DEPARTMENT OF ENERGY uprating of Columbia Gas’ Flat Top Secretary. Compressor Station, among other things. [FR Doc. 99–29285 Filed 11–8–99; 8:45 am] Federal Energy Regulatory Columbia Gas accordingly requests, Commission approval without BILLING CODE 6717±01±M Commission modification, of the October 8, 1999 [Docket No. CP00±13±000] settlement filed in Docket No. CP99– Columbia Gas Transmission 137–000. Corporation; Notice of Application Columbia Gas states that its Flat Top Compressor Station is situated near the November 3, 1999. intersection of Lines KA–8 and KA in Take notice that on October 27, 1999, Summers County, WV. It is averred that Columbia Gas Transmission Corporation the Flat Top units pump mainline (Columbia Gas), 12801 Fair Lakes transmission gas on Line KA, as well as
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Columbia Federal Energy Regulatory Federal Energy Regulatory Gas states that it has been striving for Commission years, to find a way to take the Beaver Commission Creek Compressor Station out of [Docket No. RP00±51±000] [Docket No. RP00±31±000] operation without adversely affecting Destin Pipeline Company, L.L.C.; firm service to the Equitable companies. Columbia Gas Transmission Notice of Proposed Changes to FERC By order issued on September 15, 1999, Gas Tariff the Commission granted Columbia Gas’ Corporation, Columbia Gulf request to abandon its Beaver Creek Transmission Company; Notice of November 3, 1999. Compressor Station, in 88 FERC Petition for Waiver Take notice that on October 29, 1999, Destin Pipeline Company, L.L.C. ¶ 62,238 (1999). November 3, 1999. Any person desiring to be heard or to (Destin) tendered for filing to become Take notice that on October 22, 1999, part of its FERC Gas Tariff, Original make any protest with reference to said Columbia Gas Transmission Corporation Volume No. 1, the following revised application should on our before and Columbia Gulf Transmission tariff sheets, to be effective December 1, November 24, 1999, file with the Company (Columbia Pipelines) tendered 1999: Federal Energy Regulatory Commission, for filing a petition for limited waiver of Washington, DC 20426, a motion to Third Revised Sheet No. 5 the Commission’s Regulations and the intervene or a protest in accordance Third Revised Sheet No. 6 nomination procedures set forth in their Third Revised Sheet No. 7 with the requirements of the respective FERC Gas Tariffs in order to First Revised Sheet No. 126 Commission’s Rules of Practice and suspend certain nomination cycles First Revised Sheet No. 127 Procedure (18 CFR 385.214 or 385.211) during the Y2K rollover period. The Destin states that this instant filing is and the Regulations under the Natural Columbia Pipelines request waiver of submitted pursuant to Section 24.2 of Gas Act (18 CFR 157.10). All protests such provisions to allow them adequate the General Terms and Conditions of its filed with the Commission will be time to perform certain tasks that are Tariff to adjust its fuel retention considered by it in determining the part of their Y2K business continuation percentage (FRP) for transportation appropriate action to be taken but will plans, in order to minimize business services on its system effective not serve to make the protestants parties disruptions and promote stability of December 1, 1999. Destin proposes to to the proceeding. Any person wishing their regular business transactions on modify Section 24.2 of the Tariff to to become a party to a proceeding or to and after January 1, 2000. change the basis for calculating the FRP participate as a party in any hearing by eliminating the Deferred Gas therein must file a motion to intervene The Columbia Pipelines state that Required for Operations component in accordance with the Commission’s copies of the filing have been mailed to since these amounts are resolved on a Rules. all of their shippers and interested state monthly basis through Section 14 of commissions. Take further notice that, pursuant to Destin’s Tariff. Destin requests a one- the authority contained in and subject to Any person desiring to be heard or to time waiver to allow the FRP, effective the jurisdiction conferred upon the protest said filing should file a motion December 1, 1999, to be calculated Federal Energy Regulatory Commission to intervene or a protest with the based on projected receipts and deliveries due to the fact that operations by Sections 7 and 15 of the Natural Gas Federal Energy Regulatory Commission, on the pipeline system during the first Act and the Commission’s Rules of 888 First Street, NE, Washington, DC year of service do not reflect likely fuel Practice and Procedure, a hearing will 20426, in accordance with Sections requirements in the upcoming year. be held without further notice before the 385.214 or 385.211 of the Commission’s Rules and Regulations. All such motions As a result of this change Destin Commission or its designee on this proposes to base the FRP on a projection application if no motion to intervene is or protests must be filed on or before November 10, 1999. Protests will be of the monthly receipts and fuel for the filed within the time required herein, if 12 months ended August, 2000. Based considered by the Commission in the Commission on its own review of on this calculation, the revised FRP is determining the appropriate action to be the matter finds that a grant of the .3% which is a decrease from the certificate is required by the public taken, but will not serve to make currently effective FRP of 1.0%. convenience and necessity. If a motion protestants parties to the proceedings. Any person desiring to be heard or to for leave to intervene is timely filed, or Any person wishing to become a party protest said filing should file a motion if the Commission on its own motion must file a motion to intervene. Copies to intervene or a protest with the believes that a formal hearing is of this filing are on file with the Federal Energy Regulatory Commission, required, further notice of such hearing Commission and are available for public 888 First Street, N.E., Washington, D.C. will be duly given. inspection in the Public Reference 20426, in accordance with Sections Room. This filing may be viewed on the Under the procedure herein provided 385.214 or 385.211 of the Commission’s web at http://www.ferc.fed.us/online/ for, unless otherwise advised, it will be Rules and Regulations. All such motions or protests must be filed in accordance
VerDate 29-OCT-99 14:22 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00043 Fmt 4703 Sfmt 4700 E:\FR\FM\A09NO3.140 pfrm03 PsN: 09NON1 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Notices 61101 with Section 154.210 of the protestants parties to the proceedings. taken, but will not serve to make Commission’s Regulations. Protests will Any person wishing to become a party protestants parties to the proceedings. be considered by the Commission in must file a motion to intervene. Copies Any person wishing to become a party determining the appropriate action to be of this filing are on file with the must file a motion to intervene. Copies taken, but will not serve to make Commission and are available for public of this filing are on file with the protestants parties to the proceedings. inspection in the Public Reference Commission and are available for public Any person wishing to become a party Room. This filing may be viewed on the inspection in the Public Reference must file a motion to intervene. Copies web at http://www.ferc.fed.us/online/ Room. This filing may be viewed on the of this filing are on file with the rims.htm (call 202–208–2222 for web at http://www.ferc.fed.us/online/ Commission and are available for public assistance). rims.htm (call 202–208–2222 for inspection in the Public Reference David P. Boergers, assistance). Room. This filing may be viewed on the Secretary. David P. Boergers, web at http://www.ferc.fed.us/online/ [FR Doc. 99–29293 Filed 11–8–99; 8:45 am] Secretary. rims.htm (call 202–208–2222 for BILLING CODE 6717±01±M assistance). [FR Doc. 99–29280 Filed 11–8–99; 8:45 am] David P. Boergers, BILLING CODE 6717±01±M Secretary. DEPARTMENT OF ENERGY [FR Doc. 99–29291 Filed 11–8–99; 8:45 am] DEPARTMENT OF ENERGY BILLING CODE 6717±01±M Federal Energy Regulatory Commission Federal Energy Regulatory [Docket No. RP00±34±000] Commission DEPARTMENT OF ENERGY East Tennessee Natural Gas Company; Iroquois Gas Transmission System, Federal Energy Regulatory Notice of Tariff Filing L.P.; Notice of Request for Waiver of Commission FERC Gas Tariff November 3, 1999. [Docket No. RP00±53±000] Take notice that on October 29, 1999, November 3, 1999. East Tennessee Natural Gas Company Destin Pipeline Company, L.L.C.; Take notice that on October 29, 1999, Notice of Revenue Crediting Report (East Tennessee) tendered for filing as part of its FERC Gas Tariff, Second Iroquois Gas Transmission System, L.P., November 3, 1999. Revised Volume 1, First Revised Sheet (Iroquois) filed a request for limited Take notice that on October 29, 1999, No. 170, with an effective date of waiver of certain provisions of its tariff Destin Pipeline Company, L.L.C. November 29, 1999. and the Commission’s regulations and (Destin) submitted its Annual Revenue East Tennessee states that Sheet No. orders for the period commencing on Crediting Provision Filing. This filing 170 is being filed to comply with the December 30, 1999 and ending on was made pursuant to Section 14.2 of Commission’s September 29, 1999 January 7, 2000. the General Terms and Conditions of ‘‘Order Approving Disposition of Iroquois states that the purpose of Destin’s FERC Gas Tariff which requires Jurisdictional Facilities’’ in Docket No. limited waiver would be to provide the crediting of certain amounts EC99–73. El Paso Energy Corporation alternate procedures for nominations, received as a result of resolving monthly and Sonat Inc., 888 FERC (¶ 61,302 scheduling, confirmation and capacity imbalances of its shippers, for (1999) (hereinafter, ‘‘the September 29th release during the first week of the year incidental gas purchases and sales Order’’). In the September 29th Order, 2000. the Commission approved the required for operations under Section Iroquois states that copies of its filing application of El Paso Energy 14.1(h) of Destin’s tariff, and under its were served on all jurisdictional Corporation and Sonat Inc. requesting operational balancing agreements with customers and interested state Commission approval of the proposed interconnecting pipelines during the 12- commissions. month period ended August 31, 1999. merger between the two companies. Destin reports that it received East Tennessee further states that Any person desiring to be heard or to $1,496,200.72 in excess of amounts paid Sheet No. 107 effectuates that protest said filing should file a motion under the provisions of Section 14.2. commitment of the respective to intervene or a protest with the Accordingly, Destin has credited said companies to file tariff sheets, for each Federal Energy Regulatory Commission, amount to its shippers. of their jurisdictional pipeline 888 First Street, NE., Washington, DC Destin states that copies of Destin’s companies that serve the Southeast, 20426, in accordance with Sections filing will be served upon all of Destin’s committing that future pipeline 385.214 or 385.211 of the Commission’s shippers, interested commissions and expansion capacity will be offered to all Rules and Regulations. All such motions interested parties. shippers on a non-discriminatory basis. or protests must be filed in accordance Any person desiring to be heard or to Any person desiring to be heard or to with Section 154.210 of the protest said filing should file a motion protest said filing should file a motion Commission’s Regulations. Protests will to intervene or a protest with the to intervene or a protest with the be considered by the Commission in Federal Energy Regulatory Commission, Federal Energy Regulatory Commission, determining the appropriate action to be 888 First Street, N.E., Washington, D.C. 888 first Street, NE, Washington, DC taken, but will not serve to make 20426, in accordance with Sections 20426, in accordance with sections protestants parties to the proceedings. 385.214 or 385.211 of the Commission’s 385.214 or 385.211 of the Commission’s Any person wishing to become a party Rules and Regulations. All such motions rules and regulations. All such motions must file a motion to intervene. Copies or protests must be filed on or before or protests must be filed in accordance of this filing are on file with the November 10, 1999. Protests will be with section 154.210 of the Commission and are available for public considered by the Commission in Commission’s regulations. Protests will inspection in the Public Reference determining the appropriate action to be be considered by the Commission in Room. This filing may be viewed on the taken, but will not serve to make determining the appropriate action to be web at http://www.ferc.fed.us/online/
VerDate 29-OCT-99 14:22 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\A09NO3.091 pfrm03 PsN: 09NON1 61102 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Notices rims.htm (call 202–208–2222 for DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY assistance). David P. Boergers, Federal Energy Regulatory Federal Energy Regulatory Commission Secretary. Commission [FR Doc. 99–29288 Filed 11–8–99; 8:45 am] [Docket No. RP98±404±006] [Docket No. RP00±38±000] BILLING CODE 6717±01±M Mississippi River Transmission Natural Gas Pipeline Company of America; Notice of Proposed Changes DEPARTMENT OF ENERGY Corporation; Notice of Compliance Filing in FERC Gas Tariff Federal Energy Regulatory November 3, 1999 November 3, 1999. Commission Take notice that on October 22, 1999, Take notice that on October 29, 1999, Natural Gas Pipeline Company of [Docket No. RP00±49±000] Mississippi River Transmission Corporation (MRT) tendered for filing as America (Natural) tendered for filing as part of its FERC Gas Tariff, Sixth part of its Gas Tariff, Third Revised Koch Gateway Pipeline Company; Revised Volume No. 1, Thirteenth Volume No. 1, the following tariff sheets Notice of Application Revised Sheet No. 22, to be effective to become effective March 17, 1999: November 3, 1999. December 1, 1999. 4th Sub Original Sheet No. 99A Natural states that the filing is Take notice that on October 29, 1999, 4th Sub Original Sheet No. 99C submitted pursuant to Section 21 of the Koch Gateway Pipeline Company 4th Sub Original Sheet No. 99D General Terms and Conditions (GT&C) (Koch), filed a Request for Limited 4th Sub Original Sheet No. 99E of its Tariff as the thirteenth semiannual Waiver of Tariff, Orders, and limited rate filing under Section 4 of the Regulations in Docket No. RP00–49– The purpose of this filing is to comply with the Commission’s Order On Natural Gas Act and the Rules and 000. Koch states that it is seeking a Regulations of the Federal Energy limited waiver of the Commission’s Rehearing And Compliance Filing issued on October 18, 1999 (Order). Regulatory Commission (Commission) regulations and orders, as well as a promulgated thereunder. The rate These tariff sheets, in accordance with limited waiver of certain provisions of adjustments filed for are designed to Order, modify the method MRT will use its FERC Gas Tariff related to Koch’s recover Account No. 858 stranded costs to allocate firm capacity that becomes nomination and scheduling incurred by Natural under contracts for requirements, to the extent necessary to available for subscription on MRT’s transportation capacity on other assist in the orderly provision of system. pipelines. Costs for any Account No. transportation services on Koch’s MRT states that a copy of this filing 858 contracts specifically excluded system between December 29, 1999 and is being mailed to each of MRT’s under Section 21 are not reflected in January 3, 2000, all as more fully customers and to state commissions of this filing. described therein. Arkansas, Illinois and Missouri. Natural requested waivers of Section Any person desiring to be heard or to Any person desiring to protest this 21 of the GT&C of this Tariff and the protest said filing should file a motion filing should file a protest with the Commission’s Regulations to the extent to intervene or a protest with the Federal Energy Regulatory Commission, necessary to permit Thirteenth Revised Federal Energy Regulatory Commission, 888 First Street, NE, Washington, DC Sheet No. 22 to become effective 888 First Street, NE, Washington, DC 20426, in accordance with Section December 1, 1999. 20426, in accordance with Sections 385.211 of the Commission’s Rules and Natural states that copies of the filing 385.214 or 385.211 of the Commission’s Regulations. All such protests must be are being mailed to its customers and Rules and Regulations. All such motions filed as provided in Section 154.210 of interested state regulatory agencies. or protests must be filed on or before the Commission’s Regulations. Protests Any person desiring to be heard or to November 10, 1999. Protests will be will be considered by the Commission protest said filing should file a motion considered by the Commission in in determining the appropriate action to to intervene or a protest with the determining the appropriate action to be be taken, but will not serve to make Federal Energy Regulatory Commission, taken, but will not serve to make protestants parties to the proceedings. 888 First Street, NE, Washington, DC protestants parties to the proceedings. Copies of this filing are on file with the 20426, in accordance with Sections Any person wishin to become a party Commission and are available for public 385.214 or 385.211 of the Commission’s must file a motion to intervene. Copies inspection in the Public Reference Rules and Regulations. All such motions of this filing are on file with the Room. This filing may be viewed on the or protests must be filed in accordance Commission and are avaiable for public web at http://www.ferc.fed.us/online/ with Section 154.210 of the inspection in the Public Reference rims.htm (call 202–208–2222 for Commission’s Regulations. Protests will Room. This filing may be viewed on the assistance). be considered by the Commission in web at http://www.ferc.fed.us/online/ David P. Boergers, determining the appropriate action to be taken, but will not serve to make rims.htm (call 202–208–2222 for Secretary. assistance). protestants parties to the proceedings. [FR Doc. 99–29275 Filed 11–8–99; 8:45 am] Any person wishing to become a party David P. Boergers, BILLING CODE 6717±01±M must file a motion to intervene. Copies Secretary. of this filing are on file with the [FR Doc. 99–29289 Filed 11–8–99; 8:45 am] Commission and are available for public BILLING CODE 6717±01±M inspection in the Public Reference Room. This filing may be viewed on the web at http://www.ferc.fed.us/online/
VerDate 29-OCT-99 14:22 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\A09NO3.094 pfrm03 PsN: 09NON1 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Notices 61103 rims.htm (call 202–208–2222 for DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY assistance). David P. Boergers, Federal Energy Regulatory Federal Energy Regulatory Secretary. Commission Commission [FR Doc. 99–29282 Filed 11–8–99; 8:45 am] BILLING CODE 6717±01±M [Docket No. RP00±54±000] [Docket No. RP00±52±000] South Georgia Natural Gas Company; Southern Natural Gas Company; DEPARTMENT OF ENERGY Notice of Proposed Changes to FERC Notice of Proposed Changes to FERC Gas Tariff Gas Tariff Federal Energy Regulatory Commission November 3, 1999. November 3, 1999. Take notice that on October 29, 1999 Take notice that on October 29, 1999, [Docket No. RP96±272±012] South Georgia Natural Gas Company Southern Natural Gas Company (South Georgia) tendered for filing as (Southern) tendered for filing as part of Northern Natural Gas Company; Notice part of its FERC Gas Tariff, Second its FERC Gas Tariff, Seventh Revised of Proposed Changes in FERC Gas Revised Volume No. 1, the following Volume No. 1, the following tariff sheets Tariff tariff sheets to become effective to become effective November 29, 1999: November 3, 1999. November 29, 1999: Second Revised Sheet No. 35 Take notice that on October 29, 1999, First Revised Sheet No. 10 First Revised Sheet No. 46 Northern Natural Gas Company First Revised Sheet No. 29 Second Revised Sheet No. 59 (Northern) tendered for filing to become First Revised Sheet No. 67 South Georgia states that the purpose First Revised Sheet No. 82 part of Northern’s FERC Gas Tariff, Fifth of this filing is to comply with the Revised Volume No. 1, the following Commission’s September 29, 1999 order Southern states that the purpose of tariff sheet, proposed to become in Docket No. EC99–73 that directed this filing is to comply with the effective on November 1, 1999: certain pipelines of El Paso Energy Commission’s September 29, 1999 order Fifth Revised Sheet No. 66 Corporation and Sonat Inc., including in Docket No. EC99–73 that directed Original Sheet No. 66A South Georgia, to file tariff sheets certain pipelines of El Paso Energy Original Sheet No. 66B committing that future pipeline Corporation and Sonat Inc., including Original Sheet No. 66C expansion capacity will be offered to all Southern, to file tariff sheets committing Northern states that the above sheet is shippers on a non-discriminatory basis. that future pipeline expansion capacity will be offered to all shippers on a non- being filed to implement a specific South Georgia states that copies of the discriminatory basis. negotiated rate transaction in filing will be served upon its shippers accordance with the Commission’s and interested state commissions. Southern states that copies of the Policy Statement on Alternatives to filing will be served upon its shippers Any person desiring to be heard or to Traditional Cost-of-Service Ratemaking and interested state commissions. for Natural Gas Pipelines. protest said filing should file a motion to intervene or a protest with the Any person desiring to be heard or to Northern further states that copies of Federal Energy Regulatory Commission, protest said filing should file a motion the filing have been mailed to each of 888 First Street, N.E., Washington, D.C. to intervene or a protest with the its customers and interested State 20426, in accordance with Sections Federal Energy Regulatory Commission, Commissions. 385.214 or 385.211 of the Commission’s 888 First Street, N.E., Washington, D.C. Any person desiring to protest this Rules and Regulations. All such motions 20426, in accordance with Sections filing should file a protest with the or protests must be filed in accordance 385.214 or 385.211 of the Commission’s Federal Energy Regulatory Commission, with Section 154.210 of the Rules and Regulations. All such motions 888 First Street, NE, Washington, DC Commission’s Regulations. Protests will or protest must be filed in accordance 20426, in accordance with Section be considered by the Commission in with Section 154.210 of the 385.211 of the Commission’s Rules and determining the appropriate action to be Commission’s Regulations. Protests will Regulations. All such protests must be taken, but will not serve to make be considered by the Commission in filed as provided in Section 154.210 of protestants parties to the proceedings. determining the appropriate action to be the Commission’s Regulations. Protests Any person wishing to become a party taken, but will not serve to make will be considered by the Commission protestants parties to the proceedings. in determining the appropriate action to must file a motion to intervene. Copies Any person wishing to become a party be taken, but will not serve to make of this filing are on file with the must file a motion to intervene. Copies protestants parties to the proceedings. Commission and are available for public Copies of this filing are on file with the inspection in the Public Reference of this filing are on file with the Commission and are available for public Room. This filing may be viewed on the Commission and are available for public inspection in the Public Reference web at http://www.ferc.fed.us/online/ inspection in the Public Reference Room. This filing may be viewed on the rims.htm (call 202–208–2222 for Room. This filing may be viewed on the web at http://www.ferc.fed.us/online/ assistance). web at http://www.ferc.fed.us/online/ rims.htm (call 202-208–2222 for David P. Boergers, rims.htm (call 202–208–2222 for assistance). assistance). Secretary. David P. Boergers, [FR Doc. 99–29294 Filed 11–8–99; 8:45 am] David P. Boergers, Secretary. Secretary. BILLING CODE 6717±01±M [FR Doc. 99–29274 Filed 11–8–99; 8:45 am] [FR Doc. 99–29292 Filed 11–8–99; 8:45 am] BILLING CODE 6717±01±M BILLING CODE 6717±01±M
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DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Room. This filing may be viewed on the web at http://www.ferc.fed.us/online/ Federal Energy Regulatory Federal Energy Regulatory rims.htm (call 202–208–2222 for Commission Commission assistance). [Docket No. RP00±55±000] David P. Boergers, [Docket No. RP00±37±000] Secretary. Tennessee Gas Pipeline Company; [FR Doc. 99–29295 Filed 11–8–99; 8:45 am] Stingray Pipeline Company; Notice of Notice of Request for Waiver BILLING CODE 6717±01±M Tariff Filing November 3, 1999. November 3, 1999. Take notice that on November 1, DEPARTMENT OF ENERGY 1999, Tennessee Gas Pipeline Company Take notice that on October 29, 1999, (Tennessee), tendered for filing a Federal Energy Regulatory Stingray Pipeline Company (Stingray), Request for Waiver. Tennessee requests Commission tendered for filing to become part of its that the Commission approve its request FERC Gas Tariff, Third Revised Volume by November 15, 1999. [Docket No. RP00±34±000] No. 1, the revised tariff sheets listed in Tennessee states that it is requesting Texas Eastern Transmission Appendix A to the filing. Stingray a waiver of two provisions of Article X Corporation; Notice of Proposed proposes that the foregoing tariff sheets of the General Terms and Conditions of Changes in FERC Gas Tariff be made effective on November 1, 1999. its FERC Gas Tariff to permit it to Stingray states this filing is made to conduct routine, non-emergency November 3, 1999. reflect ministerial tariff changes maintenance during a period other than Take notice that on October 26, 1999, May 1 through November 1, without the resulting from the assumption of Texas Eastern Transmission Corporation obligation to post a tentative schedule of operating duties by Leviathan Operating (Texas Eastern) tendered for filing as the planned maintenance on part of its FERC Gas Tariff, Sixth Company (Leviathan). Stingray further Tennessee’s Electronic Bulletin Board states that the instant filing specifically Revised Volume No. 1 and Original no later than fifteen days prior to the Volume No. 2, the tariff sheets listed on modifies the company’s address, scheduled activity. Appendix A to the filing to become telephone numbers and personnel titles Tennessee states that it is seeking a effective December 1, 1999. and designations from its currently waiver from the Commission of the first Texas Eastern asserts that the purpose effective tariff to conform with the of the two provisions because Tennessee of this filing is to comply with the changes due to the assumption of believes that the maintenance work is Stipulation and Agreement filed by operating duties by Leviathan. Stingray necessary to avoid any unplanned Texas Eastern on December 7, 1991 in further states that the changes effected outages resulting from the failure of any Docket Nos. RP88–67, et al. (Phase II/ by this filing are purely ministerial. of the related facilities. Tennessee states PCBs) and approved by the Commission Any person desiring to be heard or to that it is seeking a waiver from the on March 18, 1992 (Settlement), and protest said filing should file a motion Commission of the second of the two with Section 26 of Texas Eastern’s FERC to intervene or a protest with the provisions because Tennessee believes Gas Tariff, Sixth Revised Volume No. 1. the requirement is unnecessary since Texas Eastern states that such tariff Federal Energy Regulatory Commission, Tennessee has already consulted with sheets reflect a decrease in the PCB- 888 First Street, NE, Washington, DC each of the parties affected by the Related Cost component of Texas 20426, in accordance with Sections maintenance and because Tennessee Eastern’s currently effective rates. For 385.214 or 385.211 of the Commission’s believes that the EBB posting example, the decrease in the 100% load Rules and Regulations. All such motions requirement could result in Tennessee factor average cost of long-haul service or protests must be filed in accordance missing the opportune time to complete under Rate Schedule FT–1 to Market with Section 154.210 of the the maintenance work for each project Zone 3 is $0.0074 per dekatherm. Commission’s Regulations. Protests will while waiting for the fifteen days to Texas Eastern states that copies of the be considered by the Commission in elapse. filing were mailed to all affected determining the appropriate action to be Tennessee indicates that the filing customers of Texas Eastern and taken, but will not serve to make does not include revised tariff sheets. interested state commissions. Copies of protestants parties to the proceedings. Any person desiring to be heard or to this filing have also been mailed to all Any person wishing to become a party protest said filing should file a motion parties on the service list in Docket Nos. must file a motion to intervene. Copies to intervene or a protest with the RP88–67, et al. (Phase II/PCBs). of this filing are on file with the Federal Energy Regulatory Commission, Any person desiring to be heard or to Commission and are available for public 888 First Street, N.E., Washington, D.C. protest said filing should file a motion inspection in the Public Reference 20426, in accordance with Sections to intervene or a protest with the Room. This filing may be viewed on the 385.214 or 385.211 of the Commission’s Federal Energy Regulatory Commission, web at http://www.ferc.fed.us/online/ Rules and Regulations. All such motions 888 first Street, NE, Washington, DC rims.htm (call 202–208–2222 for or protests must be filed on or before 20426, in accordance with sections assistance). November 10, 1999. Protests will be 385.214 or 385.211 of the Commission’s considered by the Commission in Rules and Regulations. All such motions David P. Boergers, determining the appropriate action to be or protests must be filed in accordance Secretary. taken, but will not serve to make with section 154.210 of the [FR Doc. 99–29281 Filed 11–8–99; 8:45 am] protestants parties to the proceedings. Commission’s Regulations. Protests will BILLING CODE 6717±01±M Any person wishing to become a party be considered by the Commission in must file a motion to intervene. Copies determining the appropriate action to be of this filing are on file with the taken, but will not serve to make Commission and are available for public protestants parties to the proceedings. inspection in the Public Reference Any person wishing to become a party
VerDate 29-OCT-99 14:22 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\A09NO3.130 pfrm03 PsN: 09NON1 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Notices 61105 must file a motion to intervene. Copies 100% LF rims.htm (call 202–208–2222 for of this filing are on file with the Impact assistance). ($/dth) Commission and are available for public David P. Boergers, inspection in the Public Reference Fuel Retention Impact: Secretary. Room. This filing may be viewed on the Annual Avg. ASA Percentage [FR Doc. 99–29290 Filed 11–8–99; 8:45 am] web at http://www.ferc.fed.us/online/ DecreaseÐ(0.28%) BILLING CODE 6717±01±M rims.htm (call 202–208–2222 for Rate Equivalent at P.I.R.A. pro- assistance). jected price of $3.0167/dth ... ($0.0084) David P. Boergers, Net Impact ...... $(0.0141) DEPARTMENT OF ENERGY Secretary. [FR Doc. 99–29278 Filed 11–8–99; 8:45 am] Texas Eastern states that the changes proposed to become effective beginning Federal Energy Regulatory BILLING CODE 6717±01±M December 1, 1999 consist of: (1) ASA Commission Percentages designed to retain in-kind DEPARTMENT OF ENERGY the projected quantities of gas required [Docket No. RP99±501±001] for the operation of Texas Eastern’s Federal Energy Regulatory system in providing service to its Transcontinental Gas Pipe Line Commission customers; (2) the ASA Surcharge Corporation; Notice of Compliance designed to recover the net monetary Filing [Docket No. RP00±50±000] value recorded in the Applicable November 3, 1999. Texas Eastern Transmission Shrinkage Deferred Account as of Corporation; Notice of Proposed August 31, 1999, as reduced by the Take notice that on October 15, 1999, Changes in FERC Gas Tariff transfer of the final net credit of the Transcontinental Gas Pipe Line balances in the Spot Fuel Deferred Corporation (Transco) tendered for November 3, 1999. Account and the Account No. 858 Costs filing a supplement to its September 2, Take notice that Texas Eastern Deferred Account; and (3) a Fuel 1999 request for waiver of Transco’s Transmission Corporation (Texas Reservation Charge Adjustment Tariff, and orders and regulations of the Eastern) on October 29, 1999 tendered designed to recover the excess (limited Federal Energy Regulatory Commission, for filing as part of its FERC Gas Tariff, to a maximum rate specified by the for the limited time period of December Sixth Revised Volume No. 1 and Settlement) of the August 31, 1999 28, 1999 through January 7, 2000. Original Volume No. 2, revised tariff balance in the Non-Spot Fuel Deferred Transco states that this filing is to sheets listed on Appendix A to the filing Account over the threshold amount of to become effective December 1, 1999. $10 million specified in Appendix E of comply with the Commission’s Texas Eastern states that the revised the Settlement. September 30, 1999 order. Transco tariff sheets are being filed (i) pursuant Texas Eastern states that this filing states that the purpose of this filing to Section 15.6, Applicable Shrinkage also constitutes Texas Eastern’s report of relates to Transco’s nomination, Adjustment (ASA), contained in the the annual reconciliation of the scheduling and capacity release General Terms and Conditions of Texas interruptible revenues under Rate deadline requirements, in order to Eastern’s FERC Gas Tariff, Sixth Revised Schedules IT–1, PTI and ISS–1, as well provide transportation services during Volume No. 1, and (ii) pursuant to as for Rate Schedule LLIT and for Rate the first week of the Year 2000 (Y2K), Texas Eastern’s Docket No. RP85–177– Schedule VKIT. should any Y2K issues arise which 119, et al. Stipulation and Agreement Texas Eastern states that copies of its prevent Transco from being able to (Settlement) filed January 31, 1994 and filing have been mailed to all affected communicate with its customers. customers of Texas Eastern and approved by Commission order issued Any person desiring to protest this May 12, 1994. interested state commissions, as well as Texas Eastern states that it has all parties to the Settlement in Docket filing should file a protest with the recently filed its Annual PCB-Related No. RP85–177–119, et al. Federal Energy Regulatory Commission, Cost Filing to reflect the PCB-Related Any person desiring to be heard or to 888 First Street, NE., Washington, DC Cost rate components to be effective for protest said filing should file a motion 20426, in accordance with Section the twelve month period December 1, to intervene or a protest with the 385.211 of the Commission’s Rules and 1999 through November 30, 2000 (PCB Federal Energy Regulatory Commission, Regulations. All such protests must be Year 10). 888 First Street, N.E., Washington, D.C. filed on or before November 12, 1999. Texas Eastern states that the 20426, in accordance with Sections Protests will be considered by the combined impact on Texas Eastern’s 385.214 or 385.211 of the Commission’s Commission in determining the rates at December 1, 1999 of this filing Rules and Regulations. All such motions appropriate action to be taken, but will in combination with the PCB Year 10 or protests must be filed in accordance not serve to make protestants parties to Filing for typical long haul service with Section 154.210 of the the proceedings. Copies of this filing are under Rate Schedule FT–1 from Access Commission’s Regulations. Protests will on file with the Commission and are Area Zone East Louisiana to Market be considered by the Commission in available for public inspection in the Zone 3 (ELA–M3) equates to an overall determining the appropriate action to be Public Reference Room. This filing may decrease of 1.41 cents as follows: taken, but will not serve to make be viewed on the web at http:// protestants parties to the proceedings. www.ferc.fed.us/online/rim.htm (call 100% LF Any person wishing to become a party 202–208–2222 for assistance). Impact must file a motion to intervene. Copies ($/dth) of this filing are on file with the David P. Boergers, Secretary. Rate Impact: Commission and are available for public PCB Year 10 Filing ...... (0.0074) inspection in the Public Reference [FR Doc. 99–29276 Filed 11–8–99; 8:45 am] ASA Surcharge ...... 0.0017 Room. This filing may be viewed on the BILLING CODE 6717±01±M Total ...... (0.0057) web at http://www.ferc.fed.us/online/
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DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY percent load factor derivative of the Rate Schedule FT–D maximum rate on an Federal Energy Regulatory Federal Energy Regulatory interim basis until Viking files its next Commission Commission general rate case proceeding. Viking [Docket No. RP00±35±000] proposes to return to shippers ninety [Docket No. RP00±43±000] percent of all incremental revenues that Viking Gas Transmission Company; result from the interim rate change. Tuscarora Gas Transmission Notice of Tariff Filing Because the charge for Rate Schedule Company; Notice of Tariff Filing LMS is set at the maximum rate for Rate November 3, 1999. Schedule IT service, Viking is also November 3, 1999. Take notice that on October 28, 1999, making an interim adjustment to the Viking Gas Transmission Company charge for Rate Schedule LMS so that Take notice that on October 29, 1999, (Viking) tendered for filing to be part of Tuscarora Gas Transmission Company the charge for Rate Schedule LMS its FERC Gas Tariff, First Revised remains correlated with the maximum (Tuscarora) tendered for filing as part of Volume No. 1, the tariff sheets listed on rate for Rate Schedule IT service. its FERC Gas Tariff, Original Volume Appendix A to the filing, to be effective Viling states that copies of this filing No. 1, the following tariff sheets to November 27, 1999. have been mailed to all of its become effective December 1, 1999. Viking states that the purpose of this jurisdictional customers and to affected Second Revised Sheet No. 12 filing is to clarify that the incremental state regulatory commissions. Second Revised Sheet No. 13 rates for firm transportation service Any person desiring to be heard or to Second Revised Sheet No. 22 under Rate Schedule FT–D shall govern protest said filing should file a motion the pricing of capacity as it becomes to intervene or a protest with the Tuscarora asserts that the purpose of available on Viking’s system. Viking Federal Energy Regulatory Commission, this filing is to revise its imbalance and finds it necessary to make this filing 888 First Street, NE, Washington, DC billing procedures. Tuscarora proposes because Viking’s tariff currently does 20426, in accordance with section to utilize scheduled rather than not address this issue expressly, and 385.214 or 385.211 of the Commission’s delivered volumes in the computation because new Commission policies rules and regulations. All such motions of the shipper’s bill. In addition, rather provide for the pricing of pipeline or protests must be filed in accordance than allocating shipper imbalance by capacity as it becomes available at the with section 154.210 of the contract and delivery point, Tuscarora rates for incrementally-priced expansion Commission’s regulations. Protests will projects. proposes to calculate a total system be considered by the Commission in Viking states that it believes that determining the appropriate action to be imbalance for each shipper based on the adoption of this pricing mechanism will difference between total scheduled and taken, but will not serve to make provide better price signals to the protestants parties to the proceedings. delivered volumes. The current market. Shippers will contract for Any person wishing to become a party procedure for correcting imbalances and capacity as it becomes available at rates must file a motion to intervene. Copies implementing penalties, as provided in capped at the incremental rates so that of this filing are on file with the Tuscarora’s General Terms and rates found just and reasonable for the Commission and are available for public Conditions, will not change. incremental shippers will apply to all inspection in the Public Reference Any person desiring to be heard or to subsequent shippers receiving the same Room. This filing may be viewed on the protest said filing should file a motion service. Viking believes this will have web at http://wwe.ferc.fed.us/online/ to intervene or a protest with the the effect of ‘‘rolling-up’’ the rates over rims.htm (call 202–208–2222 for Federal Energy Regulatory Commission, time and will encourage longer term assistance). 888 First Street, N.E., Washington, D.C. contracts. To implement this policy, David P. Boergers, 20426, in accordance with Sections Viking proposes to sell capacity that is Secretary. rolled over, extended or auctioned at 385.214 or 385.211 of the Commission’s [FR Doc. 99–29279 Filed 11–8–99; 8:45 am] rates up to the Rate Schedule FT–D rate. Rules and Regulations. All such motions Viking proposes to return to shippers BILLING CODE 6717±01±M or protests must be filed in accordance who are paying incremental rates (i.e., with Section 154.210 of the any rate higher than the pre-expansion DEPARTMENT OF ENERGY Commission’s Regulations. Protests will rate) ninety percent of any incremental be considered by the Commission in revenues that result from making Federal Energy Regulatory determining the appropriate action to be capacity available under Rate Schedule Commission taken, but will not serve to make FT–D. protestants parties to the proceedings. In addition, to create a level playing [Docket No. RP00±46±000] Any person wishing to become a party field for sale of all capacity as it Young Gas Storage Company, Ltd.; must file a motion to intervene. Copies becomes available, Viking proposes the Notice of Tariff Filing of this filing are on file with the same incremental pricing for temporary Commission and are available for public release and Rate Schedule IT and AOT November 3, 1999. inspection in the Public Reference services. Specifically, Viking proposes Take notice that on October 29, 1999, Room. This filing may be viewed on the that temporary capacity release be made Young Gas Storage Company, Ltd. web at http://www.ferc.fed.us/online/ available at up to the Rate Schedule FT– (Young), tendered for filing to become rims.htm (call 202–208–2222 for D maximum rate and that releasing part of its FERC Gas Tariff, Original assistance). shippers be allowed to retain any excess Volume No. 1, First Revised Sheet No. David P. Boergers, revenues resulting from releasing 47A, First Revised Sheet No. 47B, First capacity at up to the Rate Schedule FT– Revised Sheet No. 47C to be effective Secretary. D maximum rate. Viking further December 1, 1999. [FR Doc. 99–29284 Filed 11–8–99; 8:45 am] proposes to set the Rate Schedules IT Young states that it has now been BILLING CODE 6717±01±M and AOT maximum rates at a 100 determined that another minor
VerDate 29-OCT-99 17:33 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\09NON1.XXX pfrm01 PsN: 09NON1 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Notices 61107 modification is required to the Available Commission) to direct the North tendered for filing Service Agreements Daily Withdrawal Quantity definition of American Electric Reliability Council (Service Agreements) with Merrill its general terms and conditions for the and all transmission providers with Lynch Capital Services, Inc., for both 1999–2000 heating season. Young open access transmission tariffs Short-Term Firm and Non-Firm Point- remains capable of providing 200 MMcf (OATTs) on file with the Commission (i) to-Point Transmission Service and with per day of peak deliverability; however to cease and desist from denying Reliant Energy Services, Inc., for Short- the end-of-season decline is steeper than transmission based on E-tag Term Firm Point-to-Point Transmission in the entitlement stated in its currently submissions, (ii) to suspend the Service. These Service Agreements are effective tariff. Young is, therefore, implementation of the E-tag until being filed under Sierra Pacific proposing to modify its Available Daily NERC’s Policy 3—Interchange, has been Resources Operating Companies FERC Withdrawal Quantity Formula, Daily filed with the Commission as an Electric Tariff Original Volume No. 1, Withdrawal Quantity Curve and amendment to the OATTs, and (iii) to Open Access Transmission Tariff Available Daily withdrawal Quantity require amendments to Policy 3, as set (Tariff). Table to reflect this minor change. forth in the Motion. Sierra filed the executed Service Young further states that copies of Comment date: November 18, 1999, in Agreements with the Commission in this compliance filing have been served accordance with Standard Paragraph E compliance with Sections 13.4 and 14.4 on Young’s jurisdictional customers and at the end of this notice. of the Tariff and applicable Commission public bodies. 2. White River Electric Association Regulations. Sierra also submitted Any person desiring to be heard or to Incorporated revised Sheet No. 173 (Attachment E) to protest said filing should file a motion the Tariff, which is an updated list of all to intervene or a protest with the [Docket No. ES00–3–000] current subscribers. Federal Energy Regulatory Commission, Take notice that on October 25, 1999, Sierra requests waiver of the 888 First Street, NE., Washington, DC White River Electric Association Commission’s notice requirements to 20426, in accordance with Sections Incorporated (White River) filed an permit an effective date of October 27, 385.214 or 385.211 of the Commission’s application under Section 204 of the 1999 for Attachment E, and to allow the Rules and Regulations. All such motions Federal Power Act. The application Service Agreements to become effective or protests must be filed in accordance seeks authorization to issue according to their terms. with Section 154.210 of the approximately $1 million of long-term Copies of this filing were served upon Commission’s Regulations. Protests will debt in the form of one or more secured the Public Utilities Commission on be considered by the Commission in promissory notes. White River Nevada the Public Utilities Commission determining the appropriate action to be alternatively requests blanket approval of California and all interested parties. taken, but will not serve to make to issue securities or assume additional Comment date: November 16, 1999, in protestants parties to the proceedings. debt provided that such issuance is for accordance with Standard Paragraph E Any person wishing to become a party a lawful object within the corporate at the end of this notice. must file a motion to intervene. Copies purposes, compatible with the public 5. Southern Indiana Gas and Electric of this filing are on file with the interest, and reasonably necessary or Company Commission and are available for public appropriate for such purposes. White inspection in the Public Reference River also requests a waiver from any [Docket No. ER00–283–000] requirement to use competitive bidding Room. This filing may be viewed on the Take notice that on October 28, 1999, or negotiated placement in relation to web at http://www.ferc.fed.us/online/ Southern Indiana Gas and Electric rims.htm (call 202–208–2222 for the debt. Comment date: November 22, 1999, in Company (SIGECO), tendered for filing assistance). accordance with Standard Paragraph E service agreements for firm point to David P. Boergers, at the end of this notice. point transmission service under Part II Secretary. of its Transmission Services Tariff with [FR Doc. 99–29287 Filed 11–8–99; 8:45 am] 3. Illinois Power Company Louisville Gas and Electric Company/ BILLING CODE 6717±01±M [Docket No. ER00–210–000] Kentucky Utilities Company. Take notice that on October 25, 1999, Copies of the filing were served upon Illinois Power Company (Illinois each of the parties to the service DEPARTMENT OF ENERGY Power), 500 South 27th Street, Decatur, agreement. Illinois 62526, tendered for filing firm SIGECO requests waiver of the 60-day Federal Energy Regulatory and non-firm transmission agreements prior notice requirement to allow the Commission under which Duke Power, a division of service agreements to become effective as of October 14 1999. [Docket No. EL00±10±000, et al.] Duke Energy Corporation, will take transmission service pursuant to its Comment date: November 17, 1999, in PECO Energy Company, et al. Electric open access transmission tariff. The accordance with Standard Paragraph E Rate and Corporate Regulation Filings agreements are based on the form of at the end of this notice. service agreement in Illinois Power’s 6. Ameren Services Company November 2, 1999. tariff. Take notice that the following filings Illinois Power has requested an [Docket No. ER00–284–000] have been made with the Commission: effective date of October 15, 1999. Take notice that on October 28, 1999, 1. PECO Energy Company Comment date: November 12, 1999, in Ameren Services Company (ASC), accordance with Standard Paragraph E tendered for filing a Service Agreement [Docket No. EL00–10–000] at the end of this notice. for Market Based Rate Power Sales Take notice that PECO Energy between ASC and Utilicorp United, Inc., 4. Sierra Pacific Power Company Company (PECO) filed a Motion for a (UUI). ASC asserts that the purpose of Cease and Desist Order (the Motion). [Docket No. ER00–239–000] the Agreement is to permit ASC to make The Motion requests the Federal Energy Take notice that on October 27, 1999, sales of capacity and energy at market Regulatory Commission (the Sierra Pacific Power Company (Sierra), based rates to UUI pursuant to ASC’s
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Market Based Rate Power Sales Tariff executed Firm and Non-Firm Point-to- DEPARTMENT OF ENERGY filed in Docket No. ER98–3285–000. Point Transmission Service Agreements ASC requests that the Service for Dynegy Power Marketing, Inc., Federal Energy Regulatory Agreement be allowed to become Edison Mission Marketing & Trading, Commission effective October 19, 1999 the date for Inc., and Illinova Power Marketing, Inc. [Project No. 201] said agreement. These agreements are pursuant to the Comment date: November 17, 1999, in AEP Companies’ Open Access Petersburg Municipal Power and Light; accordance with Standard Paragraph E Transmission Service Tariff (OATT). Notice of Scoping Meetings and at the end of this notice. The OATT has been designated as FERC Project Facilities Tour Pursuant to the 7. PECO Energy Company Electric Tariff Original Volume No. 4, National Environmental Policy Act of effective July 9, 1996. 1969 for an Applicant Prepared [Docket No. ER00–287–000] Environmental Assessment Take notice that on October 28, 1999, AEPSC requests waiver of notice to PECO Energy Company (PECO), permit the Service Agreements to be November 3, 1999. tendered for filing under Section 205 of made effective for service billed on and The Commission’s regulations allow the Federal Power Act, 16 U.S.C. S 792 after October 1, 1999. AEPSC also applicants the option of preparing their et seq., a Transaction Agreement dated requests termination of one service own Environmental Assessment (EA) for October 26, 1999 between PECO and agreement filed under a prior open hydropower projects, and filing the EA Horizon Energy Company d/b/a Exelon access tariff, AEP Companies’ FERC with their application as part of an Energy (EXELON) under PECO’s FERC Electric Tariff Original Volume No. 1. alternative licensing procedure.1 On Electric Tariff Original Volume No. 1 The customer holding that agreement, September 8, 1999, the Commission (Tariff). Electric Clearinghouse, Inc., has approved the use of an alternative PECO requests an effective date of executed new agreements under the licensing procedure in the preparation November 1, 1999, for the Transaction name Dynegy Power Marketing, Inc. of a new license application for Petersburg Municipal Power and Light’s Letter. A copy of the filing was served upon PECO states that copies of this filing (Petersburg), Blind Slough Project, No. the Parties and the state utility have been supplied to EXELON and to 201. regulatory commissions of Indiana, the Pennsylvania Public Utility The alternative procedures include Commission. Kentucky, Michigan, Ohio, Tennessee, provisions for the distribution of an Comment date: November 17, 1999, in Virginia and West Virginia. initial information package, and for the accordance with Standard Paragraph E Comment date: November 17, 1999, in cooperative scoping of environmental at the end of this notice. accordance with Standard Paragraph E issues and needed studies. During the at the end of this notice. week of November 1, 1999, Petersburg 8. MidAmerican Energy Company will distribute a Scoping Document [Docket No. ER00–289–000] Standard Paragraphs (SD1) and initial information package.2 Two public meetings will be held to Take notice that on October 28, 1999, E. Any person desiring to be heard or discuss these documents. MidAmerican Energy Company to protest such filing should file a (MidAmerican), 666 Grand Avenue, Des motion to intervene or protest with the Combined Scoping and Initial Moines, Iowa 50309, tendered for filing Federal Energy Regulatory Commission, Information Meetings with the Commission a Firm 888 First Street, NE, Washington, DC Petersburg will hold public scoping Transmission Service Agreement with 20426, in accordance with Rules 211 Illinova Power Marketing, Inc. meetings on December 13, 1999, and 214 of the Commission’s Rules of (Illinova), dated October 5, 1999, and a pursuant to the National Environmental Practice and Procedure (18 CFR 385.211 Non-Firm Transmission Service Policy Act (NEPA) of 1969. At the and 385.214). All such motions or Agreement with (Illinova), dated scoping meetings, Petersburg will: (1) October 5, 1999, entered into pursuant protests should be filed on or before the Summarize the material presented in to MidAmerican’s Open Access comment date. Protests will be the initial information package and the Transmission Tariff. considered by the Commission in environmental issues tentatively MidAmerican requests an effective determining the appropriate action to be identified in the scoping document for date of October 5, 1999, for the taken, but will not serve to make analysis in the EA; (2) outline any Agreements with Illinova, and protestants parties to the proceeding. resources they believe would not accordingly seeks a waiver of the Any person wishing to become a party require a detailed analysis; (3) identify Commission’s notice requirement. must file a motion to intervene. Copies reasonable alternatives to be addressed MidAmerican has served a copy of the of these filings are on file with the in the EA; (4) solicit from the meeting filing on Illinova, the Iowa Utilities Commission and are available for public participants all available information, Board, the Illinois Commerce inspection. This filing may also be especially quantitative data, on the Commission and the South Dakota viewed on the Internet at http:// resources at issue; and (5) encourage Public Utilities Commission. www.ferc.fed.us/online/rims.htm (call statements from experts and the public on issues that should be analyzed in the Comment date: November 17, 1999, in 202–208–2222 for assistance). EA. accordance with Standard Paragraph E David P. Boergers, at the end of this notice. Although Petersburg’s intent is to Secretary. prepare an EA, there is the possibility 9. American Electric Power Service [FR Doc. 99–29271 Filed 11–8–99; 8:45 am] that an Environmental Impact Statement Corporation BILLING CODE 6717±01±P (EIS) will be required. Nevertheless, this [Docket No. ER00–290–000] 1 81 FERC ¶ 61,103 (1997) Take notice that on October 28, 1999, 2 Copies of these documents can be obtained by the American Electric Power Service calling Nan Nalder at 206–281–7079 or e-mail Corporation (AEPSC), tendered for filing [email protected]
VerDate 29-OCT-99 14:22 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\A09NO3.083 pfrm03 PsN: 09NON1 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Notices 61109 meeting will satisfy the NEPA scoping For further information please contact FOR FURTHER INFORMATION CONTACT: requirements, irrespective of whether an Vince Yearick of the Commission at Gregory Beatty, (202) 260–6929 or Will EA or EIS is issued by the Commission. (202) 219–3073. Hall, (202) 260–1458. The times and locations of the David P. Boergers, SUPPLEMENTARY INFORMATION: Copies of scoping meetings are: Secretary. the draft Guidance Manual and Example Agency Scoping Meeting [FR Doc. 99–29273 Filed 11–8–99; 8:45 am] NPDES Permit for Concentrated Animal December 13, 1999, 9:00 am to 11:30 BILLING CODE 6717±01±M Feeding Operations may be obtained on pm, Alaska division of the Internet at: http://www.epa.gov/ Governmental Coordination, 240 owm. If you do not have Internet access, Main Street, 3rd Floor conference ENVIRONMENTAL PROTECTION you may obtain a paper copy of the draft Room, Juneau, AK 99811 AGENCY guidance by calling the Water Resources Public Scoping Meeting Center at (202) 260–7786. The draft December 13, 1999, 7:00 pm to 8:30 [FRL±6472±3] guidance is also available in electronic format. pm, City Council Chambers, 12 Notice of Availability: Draft Guidance South Nordic, Petersburg, AK 00883 Manual and Example NPDES Permit for Dated: November 2, 1999. All interested individuals, Concentrated Animal Feeding Dana D. Minerva, organizations, and agencies are invited Operations Acting Assistant Administrator for Water. and encouraged to attend any or all of [FR Doc. 99–29304 Filed 11–8–99; 8:45 am] AGENCY: Environmental Protection the meetings to assist in identifying and BILLING CODE 6560±50±P clarifying the scope of environmental Agency (EPA). issues that should be analyzed in the ACTION: Notice of availability of draft EA. guidance; extension of comment period. ENVIRONMENTAL PROTECTION AGENCY Project Tour SUMMARY: On August 25, 1999, EPA A visit to the project facilities released the draft Guidance Manual and [FRL±6472±4] (powerhouse, tailrace area, lower Example NPDES Permit for Concentrated Animal Feeding Public Water System Supervision penstock) is tentatively scheduled for Program Revision and Definition of December 14, 1999, weather permitting. Operations for review and written comments. The manual is intended to Indian Country for the State of South Access to the project dam requires air Dakota transport which will very likely be provide clear and concise guidance for unavailable due to low visibility, but EPA and State National Pollutant AGENCY: Environmental Protection can be arranged for a later date. Those Discharge Elimination System (NPDES) Agency (EPA). permit writers on permitting interested in visiting the project on ACTION: Notice and request for public December 14, should contact Dennis Concentrated Animal Feeding comments and announcement of public Lewis of Petersburg at 907–772–4203. Operations. The draft guidance is hearing. intended to assist permit writers in Scoping Meeting Procedures issuing permits in a manner consistent SUMMARY: The Environmental Protection The meetings will be conducted with the permitting practices identified Agency (EPA) will hold a public hearing according to the procedures used at in the USDA-EPA Unified National for the proposed primacy revision of the Commission scoping meetings. Because Strategy for Animal Feeding Operations. State of South Dakota’s Public Water this meeting will be a NEPA scoping The manual supersedes the Guide System Supervision (PWSS) Program as meeting under the APEA process, the Manual on NPDES Regulations for well as for the proposed definition of Commission does not intend to conduct Concentrated Animal Feeding Indian country as it extends to PWSS a NEPA scoping meeting after Operations issued in December 1995. primacy delegation and other Petersburg’s application and EA are Additionally, it is intended to clarify the environmental program authorizations filed with the Commission. Instead, circumstances under which producers and delegations within the State of Commission staff will attend the should submit a Notice of Intent to be South Dakota. For further information meetings on December 13, 1999. covered under an NPDES general permit on the proposed primacy delegation, as Both scoping meetings will be or apply for an individual NPDES well as on the proposed definition of recorded by a court reporter, and the permit. Indian country, please refer to 64 FR transcripts will become part of the EPA initially requested comments on 44521–44522, August 16, 1999. formal record for this project. Those this draft guidance manual to be DATES: Any interested parties may who choose not to speak during the submitted by October 25, 1999. It is submit oral or written statements at the scoping meetings may instead submit EPA’s intent to provide the public and public hearing scheduled for Thursday, written comments on the project. all stakeholders an adequate period of December, 2, 1999. There will be two Written comments should be mailed or time to fully analyze the issues and sessions: an afternoon session at 3 p.m. e-mailed to: Nan A. Nalder, Relicensing prepare comprehensive comments. and an evening session at 6:30 p.m. The Manager, Acres International, 3254– Therefore, we are extending the hearing will be held at the Badlands 11th Avenue West, Seattle, WA 98119, comment period until November 24, National Park Service Headquarters [email protected]. 1999. located nine miles south off of I–90 Exit DATES: Written comments should be 131, 72 miles from Rapid City or two Commenting Deadline submitted by November 24, 1999, to the miles north of the Town of Interior. The All correspondence should be address below. telephone number for the Badlands postmarked no later than February 15, ADDRESSES: Address all comments to National Park Service Headquarters is 2000. Comments should show the Gregory Beatty, US EPA, 401 M Street, 605–433–5281 or 605–433–5361. following caption on the first page: SW, Mail Code 4203, Washington, DC Persons wishing to make oral statements Scoping Comments, Blind Slough 20460. Submit electronic comments to must register at the Badlands National Hydroelectric Project, Project No. 201. [email protected]. Park Service Headquarters on December
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2, 1999, between 2:30 p.m. and 3 p.m. displays a currently valid control Title: Section 73.1870 Chief or between 6 p.m. and 6:30 p.m. number. No person shall be subject to Operators. FOR FURTHER INFORMATION CONTACT: any penalty for failing to comply with Form Number: None. Linda Himmelbauer, Municipal Systems a collection of information subject to the Type of Review: Extension of Unit, EPA Region 8 (8P–W–MS), 999 Paperwork Reduction Act (PRA) that currently approved collection. 18th Street, Suite 500, Denver, Colorado does not display a valid control number. Respondents: Business or other for- 80202–2466, telephone 303–312–6263. Comments are requested concerning (a) profit, not-for-profit institutions. Number of Respondents: 14500 AM/ SUPPLEMENTARY INFORMATION: Public whether the proposed collection of information is necessary for the proper FM/TV stations. notice is hereby given in accordance Estimated Time per Response: 26.166 with the provisions of section 1413 of performance of the functions of the Commission, including whether the hours. the Safe Drinking Water Act as Frequency of Response: information shall have practical utility; amended, 42 U.S.C. 300g–2, and 40 CFR Recordkeeping, third party disclosure. part 142, subpart B-Primary (b) the accuracy of the Commission’s Total Annual Burden: 379,407 hours. Enforcement Responsibility, that the burden estimate; (c) ways to enhance Total Annual Costs: $0. State of South Dakota has revised its the quality, utility, and clarity of the Needs and Uses: Section 73.1870 PWSS program. South Dakota’s PWSS information collected; and (d) ways to requires that the licensee of an AM, FM, program, administered by the Drinking minimize the burden of the collection of or TV broadcast station designate a chief Water Program of the South Dakota information on the respondents, operator of the station. Section Department of Environment and Natural including the use of automated 73.1870(b)(3) requires that this Resources (DENR), has adopted collection techniques or other forms of designation must be in writing and regulations for lead and copper in information technology. posted at the transmitter site. drinking water that correspond to the DATES: Written comments should be Agreements with chief operators serving National Primary Drinking Water submitted on or before January 10, 2000. on a contract basis must be in writing Regulations (NPDWR) in 40 CFR part If you anticipate that you will be with a copy kept in the station files. 141, subpart I (56 FR 26460–26564, June submitting comments, but find it Section 73.1870(c)(3) requires that the 7, 1991). The EPA proposes to approve difficult to do so within the period of chief operator, or personnel delegated South Dakota’s primacy revisions for the time allowed by this notice, you should and supervised by the chief operator, Lead and Copper regulation. The advise the contact listed below as soon review the station records at least once proposed approval does not extend to as possible. each week to determine if required public water systems in Indian country ADDRESSES: Direct all comments to Les entries are being made correctly, and as defined in 64 FR 44521–44522, Smith, Federal Communications verify that the station has been operated August 16, 1999. Commissions, 445 12th Street, SW, in accordance with FCC rules and the All documents relating to this Room 1–A804, Washington, DC 20554 station authorization. Upon completion determination are available for or via the Internet to [email protected]. of the review, the chief operator must date and sign the log, initiate any inspection at the following locations: (1) FOR FURTHER INFORMATION CONTACT: For U.S. EPA Region 8, Municipal Systems additional information or copies of the corrective action which may be Unit, 999 18th Street (4th floor), Denver, information collections contact Les necessary and advise the station CO 80202–2466; (2) South Dakota Smith at (202) 418–0217 or via the licensee of any condition which is Department of Environment and Natural Internet at [email protected]. repetitive. The posting of the Resources, Drinking Water Program, 523 designation of the chief operator is used SUPPLEMENTARY INFORMATION: by interested persons to readily identify East Capital Avenue, Pierre, SD 57501. OMB Control Number: 3060–0647. the chief operator. The review of the Dated: October 27, 1999. Title: Annual Survey of Cable station records is used by the chief Jack W. McGraw, Industry Prices. operator, and FCC staff in Acting Regional Administrator, Region 8. Form Number: Not Applicable. Type of Review: Extension of a investigations, to assure that the station [FR Doc. 99–29306 Filed 11–8–99; 8:45 am] is operating in accordance with its BILLING CODE 6560±50±P currently approved collection. Respondents: Business and other for- station authorization and the FCC rules profit entities. and regulations. Number of Respondents: 767. Federal Communications Commission. FEDERAL COMMUNICATIONS Estimated Time Per Response: 8 COMMISSION Magalie Roman Salas, hours. Secretary. Notice of Public Information Frequency of Response: Annually. [FR Doc. 99–29230 Filed 11–8–99; 8:45 am] Total Annual Burden: 6,136 hours. Collection(s) Being Reviewed by the BILLING CODE 6712±01±P Total Annual Costs: $500. Federal Communications Commission, Needs and Uses: Section 623(k) of the Comments Requested Cable Television Consumer Protection FEDERAL COMMUNICATIONS November 2, 1999. and Competition Act of 1992 requires COMMISSION SUMMARY: The Federal Communications the Commission to publish an annual Commission, as part of its continuing statistical report on average rates for [CC Docket No. 98±171, DA 99±2334] effort to reduce paperwork burden basic cable service, cable programming and equipment. The report must Common Carrier Bureau Seeks invites the general public and other Comment on Joint Submission of Federal agencies to take this compare the prices charged by cable systems subject to effective competition Program Administrators Regarding opportunity to comment on the Consolidated Data Collection following information collection, as and those not subject to effective competition. The annual Price Survey is Procedures and Cost Allocation required by the Paperwork Reduction Methodology Act of 1995, Public Law 104–13. An intended to collect data needed to agency may not conduct or sponsor a prepare this report. AGENCY: Federal Communications collection of information unless it OMB Control Number: 3060–0208. Commission.
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ACTION: Notice. Accordingly, the Commission directed Parties are also requested to send two the administrators to file with the paper copies of their filing to Ms. Terry SUMMARY: On October 27, 1999, the Bureau a summary of their proposed Conway, Industry Analysis Division, Commission released a document procedures for distributing the data 445 Twelfth Street SW., 6–A523, seeking comment on a proposal filed obtained on the consolidated worksheet Washington, DC 20554. jointly by the administrators of the local and to include a description of how Pursuant to § 1.1206 of the number portability, number related costs will be equitably Commission’s Rules, 47 CFR 1.1206, administration, telecommunications apportioned. this proceeding will be conducted as a relay services, and universal service On October 13, 1999, the permit-but-disclose proceeding in support mechanisms (collectively, ‘‘the administrators filed their joint which ex parte communications are administrators’’). The document seeks submission regarding procedures for permitted subject to disclosure. comment on the administrators’’ handling the new consolidated proposed procedures for handling the Federal Communications Commission. worksheet and for allocating related new Telecommunications Reporting Thomas Beers, costs. See Joint Submission of Program Worksheet and proposed methodology Deputy Chief, Industry Analysis Division, Administrators regarding Consolidated for allocating related costs. The Common Carrier Bureau. Data Collection Procedures and Cost intended effect of this action is to make [FR Doc. 99–29089 Filed 11–8–99; 8:45 am] Allocation Methodology, CC Docket No. the public aware of, and to seek public 98–171 (filed Oct. 13, 1999) (Joint BILLING CODE 6712±01±P comment on, this proposal. Submission). Through the Public Notice DATES: Comments are due on or before summarized here, the Bureau seeks November 29, 1999, and reply comment on the proposals contained in FEDERAL DEPOSIT INSURANCE comments are due on or before that joint submission.2 CORPORATION December 9, 1999. FOR FURTHER INFORMATION CONTACT: Procedural Matters Agency Information Collection Scott K. Bergmann, Industry Analysis Pursuant to §§ 1.415 and 1.419 of the Activities: Submission for OMB Division, Common Carrier Bureau, at Commission’s rules, 47 CFR 1.415, Review; Comment Request (202) 418–7102; or Jim Lande, Industry 1.419, interested parties may file AGENCY: Federal Deposit Insurance Analysis Division, Common Carrier comments on or beforee November 29, Corporation (FDIC). Bureau at (202) 418–0948. The TTY 1999, and reply comments on or before ACTION: number is (202) 418–0484. December 9, 1999. Comments may be Notice of information collection SUPPLEMENTARY INFORMATION: This is a filed using the Commission’s Electronic to be submitted to OMB for review and summary of a Public Notice released Comment Filing System (ECFS) or by approval under the Paperwork October 27, 1999 (DA 99–2334). The full filing paper copies. See Electronic Filing Reduction Act of 1995. text of the Public Notice and the of Documents in Rulemaking SUMMARY: In accordance with administrators’ joint submission are Proceedings, 63 FR 24,121 (1998). requirements of the Paperwork available for inspection and copying Comments filed through the ECFS can Reduction Act of 1995 (44 U.S.C. 3501 during normal business hours in the be sent as an electronic file via the et seq.), the FDIC hereby gives notice FCC Reference Center, Room CY-A257, Internet to
VerDate 29-OCT-99 17:33 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\09NON1.XXX pfrm01 PsN: 09NON1 61112 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Notices reviewer and the FDIC contact listed additional voting shares of Dakota State Centra Bank, Inc., Morgantown, West above. Bank, Blunt, South Dakota. Virginia. ADDRESSES: Information about this 2. Zaruba Family Limited Partnership, B. Federal Reserve Bank of Atlanta submission, including copies of the Wyoming, Minnesota; to acquire voting (Cynthia Goodwin, Vice President) 104 proposed collection of information, may shares of Wyoming Bancshares, Inc., Marietta Street, N.W., Atlanta, Georgia be obtained by calling or writing the Wyoming, Minnesota, and thereby 30303-2713: FDCI contact listed above. indirectly acquire voting shares of First 1. Cumberland Bancorp, Inc., SUPPLEMENTARY INFORMATION: This State Bank of Wyoming, Wyoming, Carthage, Tennessee; to merge with collection permits the FDIC to collect Minnesota. Bancshares of Dyer, Inc., Dyer, information from customers of financial Board of Governors of the Federal Reserve Tennessee, and thereby indirectly institutions who have inquiries or System, November 3, 1999. acquire Bank of Dyer, Dyer, Tennessee. complaints about service. Customers Robert deV. Frierson, C. Federal Reserve Bank of may document their complaints or Associate Secretary of the Board. Minneapolis (JoAnne F. Lewellen, inquiries to the FDIC using a letter or on [FR Doc. 99–29260 Filed 11–8–99; 8:45 am] Assistant Vice President) 90 Hennepin Avenue, P.O. Box 291, Minneapolis, an optional form. BILLING CODE 6210±01±F Minnesota 55480-0291: Dated: November 2, 1999. 1. United Financial Corp., Great Falls, Federal Deposit Insurance Corporation. FEDERAL RESERVE SYSTEM Montana; to acquire 24 percent of the Robert E. Feldman, voting shares of Valley Bancorp., Executive Secretary. Formations of, Acquisitions by, and Phoenix, Arizona, and thereby [FR Doc. 99–29308 Filed 11–8–99; 8:45 am] Mergers of Bank Holding Companies indirectly acquire Valley Bank of BILLING CODE 6714±01±M Arizona, Phoenix, Arizona. The companies listed in this notice D. Federal Reserve Bank of Dallas have applied to the Board for approval, (W. Arthur Tribble, Vice President) 2200 pursuant to the Bank Holding Company Change in Bank Control Notices; North Pearl Street, Dallas, Texas 75201- Act of 1956 (12 U.S.C. 1841 et seq.) 2272: Acquisitions of Shares of Banks or (BHC Act), Regulation Y (12 CFR Part Bank Holding Companies 1. Praesidium Capital Corporation, 225), and all other applicable statutes Purchase, New York; to become a bank The notificants listed below have and regulations to become a bank holding company by acquiring 100 applied under the Change in Bank holding company and/or to acquire the percent of the voting shares of First Control Act (12 U.S.C. 1817(j)) and § assets or the ownership of, control of, or National Bank, Uvalde, Texas. 225.41 of the Board’s Regulation Y (12 the power to vote shares of a bank or bank holding company and all of the Board of Governors of the Federal Reserve CFR 225.41) to acquire a bank or bank System, November 3, 1999. holding company. The factors that are banks and nonbanking companies Robert deV. Frierson, considered in acting on the notices are owned by the bank holding company, set forth in paragraph 7 of the Act (12 including the companies listed below. Associate Secretary of the Board. U.S.C. 1817(j)(7)). The applications listed below, as well [FR Doc. 99–29259 Filed 11–8–99; 8:45 am] The notices are available for as other related filings required by the BILLING CODE 6210±01±F immediate inspection at the Federal Board, are available for immediate Reserve Bank indicated. The notices inspection at the Federal Reserve Bank also will be available for inspection at indicated. The application also will be the offices of the Board of Governors. available for inspection at the offices of DEPARTMENT OF HEALTH AND Interested persons may express their the Board of Governors. Interested HUMAN SERVICES persons may express their views in views in writing to the Reserve Bank Office of the Secretary indicated for that notice or to the offices writing on the standards enumerated in of the Board of Governors. Comments the BHC Act (12 U.S.C. 1842(c)). If the Request for Nominations for the must be received not later than proposal also involves the acquisition of Secretary's Advisory Committee on November 24, 1999. a nonbanking company, the review also Minority Health A. Federal Reserve Bank of Chicago includes whether the acquisition of the (Philip Jackson, Applications Officer) nonbanking company complies with the AGENCY: Office of Public Health and 230 South LaSalle Street, Chicago, standards in section 4 of the BHC Act Science, Office of Minority Health. Illinois 60690-1413: (12 U.S.C. 1843). Unless otherwise ACTION: Notice. 1. Michael David and Susan Ann noted, nonbanking activities will be Griffin, Dysart, Iowa; to acquire conducted throughout the United States. SUMMARY: The Secretary, Department of additional voting shares of Dysart Unless otherwise noted, comments Health and Human Services, signed the Banshares, Inc., Dysart, Iowa, and regarding each of these applications charter establishing the Committee on thereby indirectly acquire additional must be received at the Reserve Bank Minority Health on September 17, 1999. voting shares of Dysart State Bank, indicated or the offices of the Board of Unless renewed prior to its expiration, Dysart, Iowa. Governors not later than December 3, the Committee will terminate on B. Federal Reserve Bank of 1999. September 22, 2001. It is the function of Minneapolis (JoAnne F. Lewellen, A. Federal Reserve Bank of the Committee to advise and make Assistant Vice President) 90 Hennepin Richmond (A. Linwood Gill III, recommendations to the Secretary on Avenue, P.O. Box 291, Minneapolis, Assistant Vice President) 701 East Byrd improving the health of racial and Minnesota 55480-0291: Street, Richmond, Virginia 23261-4528: ethnic minority groups and 1. Patricia Ann Adam, Pierre, South 1. Centra Financial Holdings, Inc., development of goals and specific Dakato; to acquire voting shares of Blunt Morgantown, West Virginia; to become program activities. This notice also Bank Holding Company, Blunt, South a bank holding company by acquiring requests nominations for membership Dakota, and thereby indirectly acquire 100 percent of the voting shares of on the Committee.
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DATES: Nominations for members must language, entering into contracts with collection and analysis, health be received no later than 5:00 P.M. on public and nonprofit private providers professions development, cultural January 10, 2000. of primary health services for the competency, and eliminating disparities ADDRESSES: You may mail or deliver purpose of increasing the access of in cancer, cardiovascular diseases, nominations to the following address: individuals to such services by infant mortality, HIV infection/AIDS, Monica Farrar, Division of Management developing and carrying out programs to child and adult immunization, diabetes, Operations, Office of Minority Health, provide bilingual or interpretive substance abuse, homicide, suicide, 5515 Security Lane, Suite 1000, services. unintentional injuries, and other Rockville, MD 20852. Nominations will (8) Supporting a national minority diseases and health conditions is also health resource center to carry out the not be accepted by e-mail nor by required. facsimile. following: A request for a copy of the Secretary’s (A) Facilitate the exchange of Nominations must state that the charter for the Advisory Committee information regarding matters relating to nominee is willing to serve as a member should be submitted to: Joan Jacobs, health information and health of the Advisory Committee and appears Office of Minority Health, 5515 Security promotion, preventive health services, to have no conflict of interest that Lane, Suite 1000, Rockville, MD 20852. and education in the appropriate use of would preclude membership. The charter can also be downloaded health care; Candidates will be asked to provide from the Office of Minority Health (B) Facilitate access to information; detailed information concerning such Resource Center web site at http:// (C) Assist in the analysis of issues and matters as financial holdings, www.omhrc.gov. problems relating to such matters; consultancies, and research grants or (D) Provide technical assistance with FOR FURTHER INFORMATION CONTACT: Joan contracts to permit evaluation of respect to the exchange of such Jacobs, (301) 443–9923. possible sources of conflict of interest. information (including facilitating the SUPPLEMENTARY INFORMATION: development of materials of such Members are appointed for a term of I. Background and Legislative technical assistance). four years except that the Secretary shall Authority (9) Carrying out programs to improve initially appoint a portion of members Section 1707(c) of the Public Health access to health care services for to one, two, and three year terms. The Service Act directs the Secretary to individuals with limited proficiency in Chair, selected by the Secretary from establish the Advisory Committee on speaking the English language. among the voting members of the Minority Health. The Committee is also Activities under the preceding sentence Committee, will serve a term of two governed by the Federal Advisory shall include developing and evaluating years. Committee members will be Committee Act (5 U.S.C. Appendix 2), model projects. compensated for the time spent in which sets forth standards for the II. Nominations Committee meetings (including travel time) as well as per diem costs. formulation and use of advisory The Office of Minority Health (OMH) committees. is requesting nominations for voting Any interested person may nominate The Advisory Committee shall advise members to serve on the Advisory one or more qualified persons. Self- the Secretary on improving the health of Committee. The Committee is to consist nominations will also be accepted. racial and ethnic minorities and of 12 voting members appointed by the developing goals and specific program Nomination forms may be obtained Secretary from among racial and ethnic activities. These activities include, but from the Office of Minority Health minorities, defined as Black or African are not limited, to the following: Resource Center, P.O. Box 37337, (1) Establishing short-range and long- American, Hispanic/Latino, American Washington, D.C. 20013–7337, range goals and objectives and Indian/Alaska Native, Asian American, telephone 1–800–444–6472, TDD 301– coordinate all other activities within the and Native Hawaiian or Pacific Islander, 230–7199, e-mail: [email protected]. who have expertise regarding issues of Public Health Service that relate to Nomination forms may also be minority health. The racial and ethnic disease prevention, health promotion, downloaded from the Office of Minority minority groups will be equally service delivery, and research Health Resource Center web site, concerning such individuals. represented among the voting members. The membership will also be diverse in http://www.omhrc.gov. All nominations (2) Entering into interagency and curricula vitae for the Advisory agreements with other agencies of the terms of gender, HIV status, disability, age, culture, sexual orientation, Committee should be set to Monica Public Health Service. Farrar at the address in this notice. (3) Supporting research, geography, and points of view. demonstrations and evaluations to test Employees or officers of the Federal Authority: Section 1707(c) of the Public new and innovative models. Government may not serve as voting Health Service Act, as amended (42 U.S.C. (4) Increasing knowledge and members, except that the Secretary may 300u–6(c)); Federal Advisory Committee Act understanding of health risk factors. appoint employees of the DHHS to serve (5 U.S.C. appendix 2). (5) Developing mechanisms that as ex-officio, non-voting members. Dated: November 3, 1999. OMH is seeking nominations of support better information Nathan Stinson, Jr., dissemination, education, prevention, persons from a wide-array of fields Deputy Assistant Secretary for Minority and service delivery to individuals from including but not limited to: public Health. disadvantaged backgrounds, including health and medicine, health individuals who are members of racial administration and financing, [FR Doc. 99–29243 Filed 11–8–99; 8:45 am] and ethnic minority groups. behavioral and social sciences, BILLING CODE 4160±17±P (6) Ensuring that the National Center immigration and rural health, health for Health Statistics, Centers for Disease law and economics, cultural and Control and Prevention, collects data on linguistic competency, and biomedical the health status of each minority group. ethics and human rights. Demonstrated (7) With respect to individuals who expertise in minority health, in subject lack proficiency in speaking the English areas such as access to care, data
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DEPARTMENT OF HEALTH AND and/or written comments and waiver authority are required to be HUMAN SERVICES recommendations for the proposed consistent with the purposes of existing information collection should be sent law, cost-neutral to the Federal Administration on Aging within 60 days of the publication of this government, and independently notice to: M. Yvonne Jackson, Director, evaluated. This authority provides an Public Information Collection Office for American Indian, Alaskan Opportunity for States to design and test Requirement Proposed To Be Native and Native Hawaiian Programs, a wide range of approaches to improve Submitted to the Office of Management Administration on Aging, 330 and reform child welfare. Such and Budget (OMB) for Clearance Independence Avenue, SW., demonstrations should provide valuable The Administration on Aging (AoA), Washington, DC 20201. knowledge that will lead to Department of Health and Human Dated: November 2, 1999. improvements in the delivery, Services, is submitting the following Jeanette C. Takamura, effectiveness and efficiency of services. proposals for the collection of Assistant Secretary for Aging. The information collection consists of information in compliance with the [FR Doc. 99–29242 Filed 11–8–99; 8:45 am] seven components, which are outlined in the Information Memorandum: (1) Paperwork Reduction Act (Public Law BILLING CODE 4150±04±M 96–511): Title VI Program Performance Application; (2) Initial Design and Reports. Implementation Report; (3) Evaluation Type of Request: Extension. DEPARTMENT OF HEALTH AND Plan; (4) Quarterly Reports (Pre- Use: To continue an existing HUMAN SERVICES Implementation); (5) Semi-Annual information collection, Title VI Program Reports (Post-Implementation); (6) Performance Report, from Title VI Administration for Children and Interim Evaluation Report; and (7) Final grantees to use in reporting information Families Report. The primary purpose of the on programs funded by Title VI as demonstrations is to produce required under Section 202(a)(19), Proposed Information Collection information on the outcomes for Section 614(a)(2), and Section 614(a)(3) Activity; Comment Request children and their families. These of the Older Americans Act, as Title: Child Welfare Demonstration collections lay the information amended. Project Information Collection. infrastructure to facilitate the Frequency: Semi-Annually. OMB No.: New. dissemination of this information. If Respondent: Tribal Organizations and Description: Under section 1130 of the data collection is not conducted for the Non-profit Organizations representing Social Security Act, the Department of child welfare demonstrations, the Native Hawaiians. Health and Human Services is given Department relinquishes all pertinent Estimated Number of Responses: 227. authority to approve up to ten States for information required to test the impact Estimated Burden Hours: 681. Child Welfare demonstrations in each of of the intervention employed in the Additional Information and the five fiscal years 1998–2002. These waivers, specifically the effect of Comments: The Administration on demonstration projects involve the allowing the flexible use of IV–E dollars Aging will be submitting to the Office of waiver of certain requirements of titles in the delivery of child welfare services. Management and Budget a request for IV–B and IV–E, the sections of the Act Furthermore, ensuring the safety and approval for the continuation of use of that govern foster care, adoption welfare of children is of utmost the Title VI Program Performance assistance, independent living, child importance to CB, and if data is Reports, pursuant to requirements in welfare services, promoting safe and conducted less frequently than required Section 202(a)(19), Section 614(a)(2), stable families, family preservation and by the project, interim results that could and Section 614(a)(3) of the Older support, and related expenses for affect the well-being of children can be Americans Act. program administration, training, and overlooked. Requests for a copy of the above automated systems. Child Welfare Respondents: State, Local or Tribal mentioned Program Performance Report demonstration projects operating this Governments.
ANNUAL BURDEN ESTIMATES
Number of Number of responses Average bur- Total burden Instrument respondents per respond- den hours hours ent per response
Application ...... 10 1 120 1,200 Initial Design ...... 55 1 40 2,200 Evaluation Plan ...... 55 1 40 2,200 Quarterly Report ...... 55 1 24 1,320 Simi-Annual Reports ...... 55 1 80 4,400 Interim Evaluation Report ...... 55 1 120 6,600 Final Report ...... 55 1 160 8,800 Estimated Total Annual Burden Hours: 26,720.
In Compliance with the requirements on the specific aspects of the Families, Office of Information Services, of section 3506(c)(2)(A) of the information collection described above. 370 L’Enfant Promenade, SW., Paperwork Reduction Act of 1995, the Copies of the proposed collection of Washington, DC 20447, Attn: ACF Administration for Children and information can be obtained and Reports Clearance Officer. All requests Families is soliciting public comment comments may be forwarded by writing should be identified by the title of the to the Administration for Children and information collection.
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The Department specifically requests Dated November 3, 1999. and obtain approval for Federal comments on: (a) whether the proposed Bob Sargis, financial participation in their cost of collection of information is necessary Acting Reports Clearance Officer. acquiring automatic data processing for the proper performance of the [FR Doc. 99–29240 Filed 11–8–99; 8:45 am] equipment and services. The State functions of the agency, including BILLING CODE 4184±01±M Agency submitted APD, provides the whether the information shall have Department of Health and Human practical utility; (b) the accuracy of the Services (DHHS) with the following agency’s estimate of the burden of the DEPARTMENT OF HEALTH AND information necessary to determine the proposed collection of information; (c) HUMAN SERVICES State’s need to acquire the requested ADP equipment and/or services: the quality, utility, and clarity of the Administration for Children and information to be collected; and (d) 1. A statement of need; Families 2. A requirements analysis and ways to minimize the burden of the feasibility study; collection of information on Proposed Information Collection 3. A cost benefits analysis; respondents, including through the use Activity; Comment Request 4. A proposed activity schedule; and, of automated collection techniques or Title: 45 CFR Part 95, Supart F— 5. A proposed budget. other forms of information technology. Automatic Data Processing Equipment DHHS’ determination, of a State Consideration will be given to and Services—Conditions for Federal agency’s need to acquire requested ADP comments and suggestions submitted Financial Participation (FFP). equipment or services, is authorized at within 60 days of this publication. OMB No.: 0992–0005. sections 402(a)(5), 452(a)(1), 1902(a)(4) Description: The advance planning and 1102 of the Social Security Act. document (APD) process, established in Respondents: State, Local or Tribal the rules at 45 CFR Part 95, Subpart F, Governments. is the procedure by which States request Annual Burden Estimates:
Number of re- Average bur- Instrument Number of spondents per den hours per Total burden respondents respondent response hours
Advance Planning Document ...... 50 1.84 60 5,520 RFP and Contract ...... 50 1.54 1.5 115.5 Emergency Funding Request ...... 27 1 1 27 Service Agreement ...... 14 1 1 14 Biennial Reports ...... 50 1 1.5 75
Estimated Total Annual Burden other forms of information technology. recommendations to the agency on Hours: 5,751.5. Consideration will be given to FDA’s regulatory issues. In Compliance with the requirements comments and suggestions submitted Date and Time: The meeting will be of Section 3506(c)(2)(A) of the within 60 days of this publication. held on November 19, 1999, 8 a.m. to Paperwork Reduction Act of 1995, the Dated: November 3, 1999. 5 p.m. Administration for Children and Bob Sargis, Location: Corporate Bldg., conference Families is soliciting public comment Acting Reports Clearance Officer. room 020B, 9200 Corporate Blvd., on the specific aspects of the Rockville, MD. information collection described above. [FR Doc. 99–29241 Filed 11–8–99; 8:45 am] Copies of the proposed collection of BILLING CODE 4184±01±M Contact Person: Mary J. Cornelius, information can be obtained and Center for Devices and Radiological comments may be forwarded by writing Health (HFZ–470), Food and Drug DEPARTMENT OF HEALTH AND Administration, 9200 Corporate Blvd., to the Administration for Children and HUMAN SERVICES Families, Office of Information Services, Rockville, MD 20850, 301–594–2194, ext. 118, or FDA Advisory Committee 370 L’Enfant Promenade, S.W., Food and Drug Administration Washington, D.C. 20447, Attn: ACF Information Line, 1–800–741–8138 Reports Clearance Officer. All requests Gastroenterology and Urology Devices (301–443–0572 in the Washington, DC should be identified by the title of the Panel of the Medical Devices Advisory area), code 12523. Please call the information collection. Committee; Notice of Meeting Information Line for up-to-date The Department specifically requests information on this meeting. comments on: (a) whether the proposed AGENCY: Food and Drug Administration, Agenda: The committee will discuss, collection of information is necessary HHS. make recommendations, and vote on a for the proper performance of the ACTION: Notice. premarket approval application for an functions of the agency, including optical device intended to assist in the whether the information shall have This notice announces a forthcoming evaluation of colonic polyps using laser- practical utility; (b) the accuracy of the meeting of a public advisory committee induced autofluorescence. agency’s estimate of the burden of the of the Food and Drug Administration Procedure: On November 19, 1999, proposed collection of information; (c) (FDA). At least one portion of the from 8:30 a.m. to 1:30 p.m., and from 2 the quality, utility, and clarify of the meeting will be closed to the public. p.m. to 5 p.m., the meeting is open to information to be collected; and (d) Name of Committee: Gastroenterology the public. Interested persons may ways to minimize the burden of the and Urology Devices Panel of the present data, information, or views, collection of information on Medical Devices Advisory Committee. orally or in writing, on issues pending respondents, including through the use General Function of the Committee: before the committee. Written of automated collection techniques or To provide advice and submissions may be made to the contact
VerDate 29-OCT-99 17:33 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\09NON1.XXX pfrm01 PsN: 09NON1 61116 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Notices person by November 15, 1999. Oral until 10:15 a.m. on December 8, 1999. DEPARTMENT OF THE INTERIOR presentations from the public will be The open session will include a roll scheduled between approximately 9:15 call, an HHS update, a DOT update, a Bureau of Land Management a.m. and 9:45 a.m. and between brief review of the on-site testing [ID±933±1430±AG; IDI±017246] approximately 3 p.m. and 3:30 p.m. meeting held on October 5 and 6, and Time allotted for each presentation may a brief review of the working group Termination of Recreation and Public be limited. Those desiring to make meeting held on November 3, 4, and 5 Purpose Act Classification and formal oral presentations should notify to discuss alternative specimen testing. Opening Order, Idaho the contact person before November 15, A public comment period will be AGENCY: Bureau of Land Management, 1999, and submit a brief statement of scheduled during the open session. If the general nature of the evidence or Interior. anyone needs special accommodations ACTION: Notice arguments they wish to present, the for persons with disabilities please names and addresses of proposed notify the Contact listed below. SUMMARY: This notice terminates a participants, and an indication of the Recreation and Public Purpose Act approximate time requested to make The Drug Testing Advisory Board meeting will be closed from 10:15 a.m. Classification on 43.81 acres as this their presentation. classification is no longer needed. Closed Committee Deliberations: On on December 8, 1999, until 3:30 p.m. on November 19, 1999, from 8 a.m. to 8:30 December 9, 1999, because it involves EFFECTIVE DATE: November 9, 1999. a.m., the meeting will be closed to the review of sensitive National FOR FURTHER INFORMATION CONTACT: permit discussion and review of trade Laboratory Certification Program (NLCP) Catherine D. Foster, BLM Idaho State secret and/or confidential commercial internal operating procedures and Office, 1387 S. Vinnell Way, Boise, information regarding pending and program development issues. Therefore, Idaho 83709, 208–373–3863. future device issues (5 U.S.C. this portion of the meeting will be SUPPLEMENTARY INFORMATION: On June 3, 552b(c)(4)). This portion of the meeting closed to the public as determined by 1971, 43.81 acres were classified as will be closed to permit discussion of the Administrator, SAMHSA, in suitable for Recreation and Public this information. accordance with 5 U.S.C. 552b(c)(2), (4), Purposes. The classification is hereby FDA regrets that it was unable to and (6) and 5 U.S.C. App.2, § 10(d). terminated and the segregation for the publish this notice 15 days prior to the following described lands is hereby November 19, 1999, Gastroenterology An agenda for the open session of this terminated: and Urology Devices Panel of the meeting and a roster of board members T. 2 N., R. 3 E., B.M. Medical Devices Advisory Committee may be obtained from: Mrs. Giselle meeting. Because the agency believes Hersh, Division of Workplace Programs, Section 5: Lot 4. there is some urgency to bring this issue 5600 Fishers Lane, Rockwall II, Suite The area described above aggregates 43.81 to public discussion and qualified 815, Rockville, MD 20857, Telephone: acres in Ada County. members of the Gastroenterology and (301) 443–6014. At 9 a.m. on November 9, 1999, the Urology Devices Panel of the Medical Substantive program information may Recreation and Public Purposes Act Devices Advisory Committee were be obtained from the contact whose classification identified above will be available at this time, the Commissioner name and telephone number is listed terminated. The lands will remain concluded that it was in the public below. closed to location and entry under the interest to hold this meeting even if public land laws and the general land there was not sufficient time for the Committee Name: Drug Testing Advisory Board. laws, as the lands are currently customary 15-day public notice. segregated for exchange. Notice of this meeting is given under Meeting Date: December 8–9, 1999. the Federal Advisory Committee Act (5 Dated: November 3, 1999. Place: Holiday Inn, 5520 Wisconsin U.S.C. app. 2). Jimmie Buxton, Avenue, Chevy Chase, Maryland 20815. Dated: October 29, 1999. Branch Chief, Lands and Minerals. Open: December 8, 1999; 8:30 a.m.– Dennis E. Baker, [FR Doc. 99–29333 Filed 11–8–99; 8:45 am] 10:15 a.m. Associate Commissioner for Regulatory BILLING CODE 4310±GG±P Affairs. Closed: December 8, 1999; 10:15 a.m.– [FR Doc. 99–29223 Filed 11–8–99; 8:45 am] 3:30 p.m. DEPARTMENT OF THE INTERIOR BILLING CODE 4160±01±F Closed: December 9, 1999; 8:30 a.m.– 3:30 p.m. Bureau of Land Management DEPARTMENT OF HEALTH AND Contact: Donna M. Bush, Ph.D., [NM±010±00±1430±HN/NM±101521 and NM± HUMAN SERVICES Executive Secretary, Telephone: (301) 101522/G010±G0±0251] 443–6014 and FAX: (301) 443–3031. Notice of Exchange Proposal/Notice of Substance Abuse and Mental Health Dated: November 3, 1999. Services Administration Intent To Prepare Two Environmental Sandra E. Stephens, Impact Statements for the Proposed Center for Substance Abuse Committee Management Officer, Substance Santo Domingo and San Felipe Land Prevention; Notice of Meeting Abuse and Mental Health Services Exchanges Administration. Pursuant to Pub. L. 92–463, notice is [FR Doc. 99–29225 Filed 11–8–99; 8:45 am] AGENCY: Bureau of Land Management, hereby given of the meeting of the Drug Interior. BILLING CODE 4162±20±P Testing Advisory Board of the Center for ACTION: Notice of exchange proposal; Substance Abuse Prevention in notice of intent. December 1999. The Drug Testing Advisory Board SUMMARY: Notice is hereby given that meeting will be open from 8:30 a.m. the Bureau of Land Management (BLM)
VerDate 29-OCT-99 14:22 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\A09NO3.128 pfrm03 PsN: 09NON1 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Notices 61117 is considering two proposals to Sec. 34, E1⁄2; The following resources and/or their exchange lands pursuant to Section 206 Sec. 35, N1⁄2 and W1⁄2SW1⁄4; uses are likely to be issues of concern of the Federal Land Policy and Sec. 36, SW1⁄4NW1⁄4 and W1⁄2SW1⁄4. in these EIS’s: Management Act of 1976 (43 U.S.C. T. 14 N., R. 6 E., Sec. 22, lots 2, 3, 4, and lots 7 to 10, American Indian Traditional Cultural 1716), as amended by the Federal Land 1 Properties inclusive, W ⁄2; Exchange Facilitation Act of August 20, Sec. 23, lot 5, N1⁄2, SE1⁄4; Availability of Land for Public Use 1988. This also serves as a Notice of Sec. 26, lots 3, 4, 5, and lots 10 to 14, Mineral Ownership and Availability Intent to prepare two Environmental inclusive, NE1⁄4; Access to Private Lands Impact Statements (EIS’s). The Sec. 27, N1⁄2, NE1⁄4SW1⁄4, N1⁄2NW1⁄4SW1⁄4, Grazing Permits proposals are two separate land NE1⁄4SE1⁄4NW1⁄4SW1⁄4, Water Resources exchanges involving the BLM, the NW1⁄4SW1⁄4NW1⁄4SW1⁄4, Rights-of-Way and Utility Corridors Pueblo of San Felipe and the Pueblo of S1⁄2S1⁄2NW1⁄4SW1⁄4, S1⁄2SW1⁄4, and SE1⁄4; DATES: Interested parties may submit 1 Santo Domingo. These proposals Sec. 34, N ⁄2; comments concerning the proposed Sec. 35, lots 3, 4, 9 and 10, W1⁄2. exchange and transfer of public lands to supersede the three-way exchange T. 13 N., R. 7 E., proposal between the BLM, the State of the Field Manager, Albuquerque Field Sec. 6, lot 13; Office, at the above address. To be New Mexico, and the two pueblos. Sec. 7, lots 8, 9, 10, 12 and 13; considered in the environmental Under Section 102(2)(c) of the Sec. 18, lots 1, 2, 3, W1⁄2NW1⁄4, and analysis of the proposed exchange, National Environmental Policy Act of NW1⁄4SW1⁄4; 1969, the BLM Albuquerque Field Sec. 31, lots 1 to 4, inclusive, W1⁄2W1⁄2. comments must be in writing to the Office will be directing the EIS The areas described aggregate 9,459.03 Field Manager and be postmarked or preparation by a third-party contractor. acres. delivered by December 27, 1999. The proposal is to exchange An open house/public scoping The following described public lands meeting will be held from 4 p.m. to 7 approximately 7,376.34 acres of federal are being considered for disposal to the surface and subsurface to the Santo p.m. on December 2, 1999, at the BLM Santo Domingo Pueblo by the United Albuquerque Field Office, 435 Montan˜ o Domingo Pueblo and approximately States: 9,459.03 acres to the San Felipe Pueblo. Rd. NE, Albuquerque, New Mexico The lands are contiguous and located New Mexico Principal Meridian 87107. The scoping process will consist of a east of San Felipe and south of the T. 13 N., R. 6 E., news release announcing the start of the Santo Domingo Reservations. The San Sec. 1, lots 5, 6, 7, and 13. EIS process and a public scoping Felipe and Santo Domingo Pueblos T. 14 N., R. 6 E., 1 meeting. would then acquire, or cause to be Sec. 9, lots 9, 10, S ⁄2; 1 1 acquired, BLM high-priority acquisition Sec. 10, lots 10 to 13, inclusive, S ⁄2S ⁄2; FOR FURTHER INFORMATION CONTACT: A Sec. 11, lots 9, 10 and 11; lands adding up to the fair market value detailed map or legal description and Sec. 13, lots 5 to 8, inclusive, S1⁄2NW1⁄4 information concerning the proposed of the federal lands. An escrow account 1 and S ⁄2; exchange may be obtained from Debby may be used to purchase private or 1 1 1 1 1 Sec. 14, lot 2, NW ⁄4NE ⁄4, S ⁄2NE ⁄4, NW ⁄4, Lucero, Realty Specialist, Albuquerque other lands of equal value, from a list of 1 2 and S ⁄ ; ˜ lands to be acquired for the BLM. Sec. 15; Field Office, 435 Montano Rd. NE, The lands to be acquired by the Sec. 22, lots 1, 5, and 6; Albuquerque, New Mexico 87107, (505) pueblos will be selected from the BLM’s Sec. 23, lots 1 to 4, inclusive, N1⁄2 and 761–8787. high-priority acquisition zones and may SE1⁄4; SUPPLEMENTARY INFORMATION: Subject to be within and adjacent to Wilderness Secs. 24 and 25; valid existing rights, the public lands Study Areas (WSAs), Areas of Critical Sec. 26, lots 1, 2, 6 to 9, inclusive, and lots identified above were previously 15, and 16, NE1⁄4; Environmental Concern (ACECs), segregated from appropriation under the Sec. 35, lots 1, 2, 5 to 8, inclusive, and lot public land and mineral laws for a riparian areas and/or other Special 11. Management Areas (SMAs) for the T. 13 N., R. 7 E., period of 5 years beginning March 20, benefit of the BLM. Sec. 6, lots 5 to 12, inclusive; 1996. The following described public lands Sec. 7, lots 5, 6, 7, and 11. Dated: November 3, 1999. are being considered for disposal to the T. 14 N., R. 7 E., Francis M. O’Neill, Sec. 17, lots 10 and 11; San Felipe Pueblo by the United States: Acting Assistant Field Manager. Sec. 18, lots 5 to 8, inclusive, SW1⁄4 and New Mexico Principal Meridian S1⁄2SE1⁄4; [FR Doc. 99–29257 Filed 11–8–99; 8:45 am] T. 13 N., R. 6 E., Sec. 19; BILLING CODE 4310±AG±P Sec. 1, lots 8 to 12, inclusive, and lot 14; Sec. 20, lots 1 to 4, inclusive; Sec. 3, lots 1 to 4, inclusive, S1⁄2N1⁄2, Sec. 29, lots 1 and 2; 1 1 1 1 E ⁄2SE ⁄4, and W ⁄2SW ⁄4; Sec. 30, lots 1 to 5, inclusive, N1⁄2N1⁄2, DEPARTMENT OF THE INTERIOR 1 1 Sec. 7, SE ⁄4SW ⁄4; SW1⁄4NW1⁄4 and W1⁄2SW1⁄4; 1 Sec. 8, E ⁄2; Sec. 31, lots 1 to 4, inclusive, W1⁄2W1⁄2. Bureau of Land Management Secs. 9 and 10; The areas described aggregate 7,376.34 1 1 [NM010±1430±EQ/G010±G0±0250; NMNM Sec. 14, N ⁄2 and SW ⁄4; acres. Sec. 15; 101518] Sec. 16, S1⁄2NW1⁄4; In this proposed exchange, the United 1 1 Notice of Realty Action: Lease of Sec. 17, S ⁄2NE ⁄4; States would acquire an equal value of Sec. 21, lots 10 to 13, inclusive, NE1⁄4NE1⁄4, lands, yet to be identified, within or Public Lands and NE1⁄4SE1⁄4; adjacent to BLM WSAs, ACECs, SMAs AGENCY: Bureau of Land Management, Sec. 22, N1⁄2 and N1⁄2S1⁄2; and/or other BLM high-priority 1 1 Interior. Sec. 23, W ⁄2W ⁄2; acquisition areas. Sec. 25, NW1⁄4 and W1⁄2SW1⁄4; ACTION: Notice of realty action—lease of The No Action Alternative will be Sec. 26, S1⁄2; public lands. Sec. 27, S1⁄2NE1⁄4, W1⁄2SW1⁄4, SE1⁄4SW1⁄4, analyzed in each EIS and will consider E1⁄2SE1⁄4, and SW1⁄4SE1⁄4; the effects of not completing the SUMMARY: This notice is to advise that Sec. 28, lots 1 to 9, inclusive, E1⁄2; exchange. the following public lands in Cibola
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County, New Mexico, have been requirements, BLM will terminate the DEPARTMENT OF THE INTERIOR examined and found suitable for lease, require that the premises be classification for a long term lease to the vacated and treat the improvements as Minerals Management Service Baca/Prewitt Chapter under the unauthorized occupancy and use the Environmental Documents Prepared provisions of the Federal Land public lands according to regulations for Proposed Oil and Gas Operations Management Policy Act of 1976, (43 found in 43 CFR Part 9230. U.S.C. 1701, 1732, and 43 CFR part on the Gulf of Mexico Outer 2920). The lease is intended to authorize APPLICATION COMMENTS: For a period of Continental Shelf (OCS) 45 days from the date of publication of the Baca/Prewitt Chapter to use the land AGENCY: Minerals Management Service, this notice, interested parties may for occupancy. Interior. submit comments to the Bureau of Land New Mexico Principal Meridian Management, Field Manager, ACTION: Notice of the availability of T. 13 N., R. 12 W., NMPM, Albuquerque Field Office, 435 Montano environmental documents prepared for Sec. 24, N1/2NE1/4SE1/4NW1/4 OCS mineral proposals on the Gulf of Rd. NE, Albuquerque, New Mexico. Contains approximately 5.00 acres. Mexico OCS. FOR FURTHER INFORMATION CONTACT: Joe SUPPLEMENTARY INFORMATION: The site Jaramillo, BLM, Albuquerque Field SUMMARY: The Minerals Management lands will be leased and offered for Office, 435 Montano Rd. NE, Service (MMS), in accordance with patent to the Baca/Prewitt Chapter in Albuquerque, New Mexico 87107, (505) Federal Regulations (40 CFR 1501.4 and the future. A lease under section 302 of 761–8779. 1506.6) that implement the National the Federal Land Policy and Environmental Policy Act (NEPA), Management Act of 1976 is consistent F.M. O’Neill, announces the availability of NEPA- with current BLM land use planning Acting Field Manager. related Site-Specific Environmental and has been determined to be in the [FR Doc. 99–28635 Filed 11–8–99; 8:45 am] Assessments (SEA’s) and Findings of No public interest. The lands are not BILLING CODE 4310±AG±M Significant Impact (FONSI’s), prepared needed for Federal purposes. The term by the MMS for the following oil and is 30 years, subject to the following: (1) gas activities proposed on the Gulf of The lease will terminate upon Mexico OCS. This listing includes all conveyance to the Baca/Prewitt Chapter; proposals for which the FONSI’s were (2) or upon non-compliance with the prepared by the Gulf of Mexico OCS terms and conditions of the lease. If the Region in the period subsequent to applicant or holder fails to meet these publication of the preceding notice.
Activity/Operator Location Date
Amoco Pipeline Company, Pipeline Activity, SEA No. P±12255 Viosca Knoll Area, Blocks 823, 779, and 735; Main Pass Area, 9/20/99 (G±21277). South and East Addition, Block 281; Lease OCS±G 21277; 50 miles offshore the Louisiana. Coast Coastal Oil & Gas Corporation, Pipeline Activity, SEA No. High Island Area, Blocks A±368 through A±370, Lease OCS±G 8/20/99 P±12265 (G±21261). 21261, 118 miles from the nearest Texas shoreline. Mariner Energy, Inc., Exploration Activity, SEA No. N±6374 ...... High Island Area, Block A±395, Lease OCS±G 18975, 118 7/29/99 miles from the nearest Texas shoreline. C&C Technologies, Inc., and William's Gas PipelineÐTransco, Mobile Area and Tarpon Springs Area, 15 to 100 miles from the 8/06/99 G&G Activity, SEA No. M99±9. nearest Florida and Alabama Coast. Vintage Petroleum, Inc., Structure Removal Operations, SEA No. Main Pass Area, Block 124, Lease OCS±G 5697, 36 miles east 7/20/99 ES/SR 99±081. of Plaquemines Parish, Louisiana. Texaco Exploration and and Production Inc., Structure Removal Vermilion Area, Block 31, Lease OCS±G 2868, 8 miles south of 7/20/99 Operations, SEA Nos. ES/SR 99±089 through 99±091. Vermilion Parish, Louisiana. Texaco Exploration and and Production Inc., Structure Removal South Marsh Island Area, Blocks 212 and 218, Lease OCS 7/20/99 Operations, SEA Nos. ES/SR 99±092 through 99±099. 310, 7 miles south of of Vermilion Parish, Louisiana. Snyder Oil Corporation, Structure Removal Operations, SEA South Timbalier Area, Block 226; South Marsh Island Area, 7/19/99 Nos. ES/SR 99±102 through 99±104. Blocks 234 and 235; Leases OCS±G 6771, 4436, and 4523; 15 miles south of Vermilion Parish, Louisiana. The Houston Exploration Company, Structure Removal Oper- Eugene Island Area, Block 48, Lease OCS±G 7727, 12 miles 7/29/99 ations SEA No. ES/SR 99±105. south of of Iberia Parish, Louisiana. NCX Company, Inc., Structure Removal Operations, SEA No. High Island Area, Block A±486, Lease OCS±G 6227, 73 miles 8/12/99 ES/SR 99±106. southeast of Brazoria County, Texas. Basin Exploration, Inc., Structure Removal Operations, SEA No. Mustang Island Area, Block 791, Lease OCS 0534, 15 miles 8/10/99 ES/SR 99±107. southeast of Nueces County, Texas. Cockrell Oil Corporation, Structure Removal Operations, SEA Eugene Island Area, Block 24, Lease OCS±G2893, 5 miles 8/03/99 No. ES/SR 99±108. south of St. Mary Parish, Louisiana. Energy Resource Technology, Inc., Structure Removal Oper- High Island Area, Block A±23, Lease OCS±G 13330, 39 miles 8/30/99 ations, SEA Nos. ES/SR 99±109 and 99±110. south of Jefferson County, Texas. Newfield Exploration Company, Structure Removal Operations, Ship Shoal Area, Block 322, Lease OCS±G 4877, 67 miles 8/30/99 SEA No. ES/SR 99±111. south of Terrebonne Parish, Louisiana. Cockrell Oil Corporation, Structure Removal Operations, SEA East Cameron Area, Block 200, Lease OCS±G 10628, 74 miles 8/30/99 No. ES/SR 99±112. south of Cameron Parish, Louisiana. Energy Resources Technology, Inc., Structure Removal Oper- West Cameron Area, Block 177, Lease OCS±G 1471, 32 miles 8/30/99 ations, SEA No. ES/SR 99±113. south of Cameron Parish, Louisiana. Unocal Corporation, Structure Removal Operations, SEA Nos. Eugene Island Area, Block 247; High Island Area, Block A±302; 9/28/99 ES/SR 99±114 and 99±115. Leases OCS±G 2732 and 1888; 61 miles south of St. Mary Parish, Louisiana.
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Activity/Operator Location Date
Sonat Exploration, Structure Removal Operations, SEA Nos. ES/ West Cameron Area, Blocks 333, 332, 369, and 370, Leases 9/28/99 SR 99±116 through 99±120. OCS±G 3277, 3276, 4767, and 4092, 50 miles south of Cam- eron Parish, Louisiana. Forcenergy Inc., Structure Removal Operations, SEA No. ES/SR South Marsh Island Area, Block 79, Lease OCS±G 7709, 62 9/16/99 99±121. miles south of Iberia Parish, Louisiana. Sonat Exploration GOM, Structure Removal Operations, SEA West Cameron Area, Blocks 55, 352 and 343; Sabine Pass 10/01/99 Nos. ES/SR 99±122 through 99±128. Area, Block 3; High Island Area, Block 74; Leases OCS±G 13553, 2839, 2838, 4144, and 12566; 6 to 51 miles south of Cameron Parish, Louisiana. Shell Offshore Inc., Structure Removal Operations, SEA No. ES/ Galveston Area, Block 191, Lease OCS±G 13779, 15 miles 10/07/99 SR 99±132. southeast of Galveston, Texas. Ocean Energy, Inc., Structure Removal Operations. SEA No. Eugene Island Area, Block 128, Lease OCS±G 0053, 27 miles 10/07/99 ES/SR 99±133. southwest of Terrebonne Parish, Louisiana. Chevron, U.S.A. Inc., Structure Removal Operations, SEA No. Main Pass Area, Block 42, Lease OCS±G 1367, 27 miles east 10/12/99 ES/SR 99±134. of Plaquemines Parish, Louisiana.
Persons interested in reviewing DEPARTMENT OF THE INTERIOR Massachusetts environmental documents for the Suffolk County proposals listed above or obtaining National Park Service information about EA’s and FONSI’s Kehila Kedosha Janina Synagogue, 101–113 Summer St., Boston, 99001430 prepared for activities on the Gulf of National Register of Historic Places; Mexico OCS are encouraged to contact Notification of Pending Nominations Michigan the MMS office in the Gulf of Mexico Nominations for the following Alger County OCS Region. properties being considered for listing King Road—Whitefish River Bridge, FOR FURTHER INFORMATION: Public in the National Register were received (Highway Bridges of Michigan MPS), King Information Unit, Information Services by the National Park Service before Rd. over Whitefish River, Limestone Section, Gulf of Mexico OCS Region, October 30, 1999. Township, 99001463 Pursuant to section 60.13 of 36 CFR Minerals Management Service, 1201 M–28—Sand River Bridge, (Highway Bridges Part 60 written comments concerning Elmwood Park Boulevard, New Orleans, of Michigan MPS), Hwy M–28 over Sand the significance of these properties Louisiana 70123–2394, Telephone (504) River, Onota Township, 99001460 under the National Register criteria for M–94 (old)—Au Train River Bridge, 736–2519. evaluation may be forwarded to the (Highway Bridges of Michigan MPS), SUPPLEMENTARY INFORMATION: The MMS National Register, National Park Service, Wolkoff Rd. over Au Train River, Au Train prepares EA’s and FONSI’s for 1849 C St. NW., NC400, Washington, DC Township, 99001462 proposals which relate to exploration 20240. Written comments should be Bay County for and the development/production of submitted by November 24, 1999. Bay City Bascule Bridge, (Highway Bridges of oil and gas resources on the Gulf of Beth Boland, Michigan MPS), M–13/M–84 over East Mexico OCS. The EA’s examine the Acting, Keeper of the National Register. Channel of Saginaw River, Bay City, potential environmental effects of 99001465 activities described in the proposals and Arkansas Chippewa County present MMS conclusions regarding the Sebastian County M–28—Tahquamenon River Bridge, significance of those effects. Fort Smith U.S. Post Office and Courthouse, (Highway Bridges of Michigan MPS), M–28 Environmental Assessments are used as 30 S. Sixth St., Fort Smith, 99001406 a basis for determining whether or not over Tahquamenon River, Chippawa approval of the proposals constitutes Colorado Township, 99001466 major Federal actions that significantly Montrose County Clinton County affect the quality of the human Methodist Episcopal Church of Montrose, 19 Stony Creek Bridge, (Highway Bridges of environment in the sense of NEPA S. Park Ave., Montrose, 99001407 Michigan MPS), Private road over Stony section 102(2)(C). A FONSI is prepared Creek, Olive Township, 99001467 in those instances where the MMS finds Idaho that approval will not result in Ada County Manistee County significant effects on the quality of the O’Farrell, John A., Cabin, W. Fort St., bet. N. Babcock, Simeon, House, 420 Third St., human environment. The FONSI briefly 4th and N. 5th Sts., Boise, 99001415 Manistee, 99001455 presents the basis for that finding and Bonner County Missaukee County includes a summary or copy of the EA. Lamb Creek School, (Public School Buildings Canyon Falls Bridge, (Highway Bridges of This notice constitutes the public in Idaho MPS), 28769 North Highway 57, Michigan MPS), U.S. 41 over Sturgeon R., notice of availability of environmental Priest River vicinity, 99001418 L’Anse Township, 99001464 documents required under the NEPA Idaho County Saginaw County Regulations. Blue Fox Theatre, (Motion Picture Theater Center Road—Tittabawassee River Bridge, Dated: October 28, 1999. Buildings in Idaho MPS), 116 W. Main St., (Highway Bridges of Michigan MPS), Charles J. Schoennagel, Jr., Grangeville, 99001412 Center Rd. over Tittabawassee River, James Township, 99001458 Acting Regional Director, Gulf of Mexico OCS Washington County Region. Star Theater, (Motion Picture Theater Washtenaw County [FR Doc. 99–29298 Filed 11–8–99; 8:45 am] Buildings in Idaho MPS), 342 State St., Mechem, Floyd R., House, 1402 Hill St., Ann BILLING CODE 4310±MR±P Weiser, 99001413 Arbor, 99001456
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Wayne County Wake County Local Rd. over unnamed stream, Viborg East Grand Boulevard Historic District, E. Raleigh Water Works and E.B. Bain Water vicinity, 99001440 Grand Blvd., bet. E. Jefferson Ave. and Treatment Plant, 1810 Fayetteville Rd., Tennessee Mack Ave., Detroit, 99001468 Raleigh, 99001452 Bledsoe County Oklahoma New York Pikeville Chapel African Methodist Episcopal Erie County Creek County Zion Church (Rural African-American Berryhill Building, 14–20 E. Dewey Ave., Churches in Tennessee MPS), E. Valley Dr., Bruce—Briggs Brick Block, (Lancaster, New Pikeville, 99001444 York MPS), 5481–5483–5485 Broadway, Sapulpa, 99001423 Lancaster, 99001409 Oklahoma County Humphreys County Clark—Lester House, (Lancaster, New York Arcadia Route 66 Roadbed, (Route 66 in Hurricane Mills Rural Historic District, 44 MPS), 5454 Broadway, Lancaster, Oklahoma MPS), Extends SSE from Jct. OK Hurricane Mills Rd., Hurricane Mills, 99001408 66 and Hiwassee Rd., Arcadia vicinity, 99001449 DePew Lodge No. 823, Free and Accepted 99001424 Knox County Masons, (Lancaster, New York MPS), 5497 Broadway, Lancaster, 99001410 Pontotoc County Maxwell—Kirby House (Knoxville and Knox Lancaster Municipal Building, (Lancaster, Sugg Clinic, 100 E. 13th St., Ada, 99001426 County MPS), 8671 Northshore Dr., New York MPS), 5423 Broadway, Knoxville, 99001446 Stephens County Lancaster, 99001420 Tipton County Liebler—Rohl Gasoline Station, (Lancaster, Duncan Public Library, 301 N. 8th St., Canaan Baptist Church (Rural African- New York MPS), 5500 Broadway, Duncan, 99001427 American Churches in Tennessee MPS), Lancaster, 99001411 Pennsylvania 211 N. Main St., Covington, 99001457 Miller—Mackey House, (Lancaster, New York MPS), 5440 Broadway, Lancaster, York County Texas 99001422 Fairmont Historic District, Roughly bounded Tarrant County Nowak, Dr. John J., House, (Lancaster, New by Cherry Ln., Stevens Ave. and Cottage York MPS) 5539 Broadway, Lancaster, Hill Rd., York City, 99001428 Tabernacle Baptist Church, 1801 Evans Ave., Fort Worth, 99001451 99001414 South Dakota Richardson, John, House, (Lancaster, New Washington York MPS), 5653 Broadway, Lancaster, Bon Homme County 99001419 Scotland Main Street Historic District, Along King County VanPeyma, Herman B., House, (Lancaster, Main St., roughly bounded by Railway, El Rio Apartment Hotel, 1922–1928 9th Ave., New York MPS), 5565 Broadway, Poplar, 3rd and Juniper Sts., Scotland, Seattle, 99001453 Lancaster, 99001417 99001429 Spokane County Auidema—Idsardi House, (Lancaster, New Brookings County York MPS), 5556 Broadway, Lancaster, Corbet—Aspray House, 820 W. 7th Ave., 99001416 South Dakota Department of Transportation Spokane, 99001454 Bridge No. 06–142–190 (Historic Bridges in Knight House, 1715 N. West Point Rd., New York County South Dakota MPS), Local Rd. over Big Spokane, 99001459 Sioux R., Brookings vicinity, 99001431 American Bank Note Company Building, 70 Walla Walla County Broad St., New York, 99001436 South Dakota Department of Transportation Bridge No. 06–131–040 (Historic Bridges in Marcus Whitman Hotel, 107 N. Second Ave., Beth Hamedrash Hagodol Synagogue, 60–64 South Dakota MPS), Local Rd. over Big Walla Walla, 99001461 Norfolk St., New York, 99001438 Sioux R., Bruce vicinity, 99001432 A REQUEST for a move has been made for Insurance Company of North America South Dakota Department of Transportation the following Resource: Building, 99 John St., New York, 99001425 Bridge No. 06–129–029 (Historic Bridges in St. Ignatius of Antioch Episcopal Church, 552 South Dakota MPS), Local Rd. over Big GEORGIA W. End Ave., New York, 99001442 Sioux R., Bruce vicinity, 99001433 Muscogee County Westchester County Hamlin County CSS MUSCOGEE and CHATTAHOOCHEE, Mead Memorial Chapel, 2 Chapel Rd., Estelline Bandstand and Gazebo Park, 105 N. 4th St. W of US 27, Columbus, 70000212 Lewisboro, 99001443 Main, Estelline, 99001434 [FR Doc. 99–29339 Filed 11–8–99; 8:45 am] North Carolina Lawrence County BILLING CODE 4310±70±P Mecklenburg County Galena School (Federal Relief Construction in South Dakota MPS) Block 13, Lots 1–5 Carolina Transfer and Storage Company Bryan Placer No. 913, Galena, 99001435 DEPARTMENT OF THE INTERIOR Building, (Former), 1230 W. Morehead St., Charlotte, 99001447 Roberts County National Park Service New Hanover County South Dakota Department of Transportation Bridge No. 55–030–418 (Historic Bridges in Notice of Inventory Completion for Carolina Heights Historic District (Boundary South Dakota MPS), State RR tracks over Native American Human Remains and Increase), 1200 Block of Market St. and 100 local Rd., Ortley vicinity, 99001437 Associated Funerary Objects From & 200 blocks of N. 13th St., Wilimington, 99001448 Turner County Warren, RI in the Possession of the Dalton Township Bridge (Historic Bridges in Charles Whipple Greene Museum, Pitt County South Dakota MPS), Local Rd. over George Hail Library, Warren, RI Greenville, North Carolina Warehouse unnamed stream, Marion vicinity, AGENCY: National Park Service. Historic District, (Boundary Increase), 99001439 Eleventh St. near Clark St., Greenville, Daneville Township Bridge No. E–26 ACTION: Notice. 99001450 (Historic Bridges in South Dakota MPS), Local Rd. over unnamed stream, Viborg Notice is hereby given in accordance Rutherford County vicinity, 99001441 with provisions of the Native American Pine Gables, 328 Boys Camp Rd., Lake Lure, Spring Valley Township Bridge No. E–31 Graves Protection and Repatriation Act 99001445 (Historic Bridges in South Dakota MPS), (NAGPRA), 43 CFR 10.9, of the
VerDate 29-OCT-99 14:22 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\A09NO3.170 pfrm03 PsN: 09NON1 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Notices 61121 completion of an inventory of human representing the Wampanoag Tribe of consultation with representatives of the remains and associated funerary objects Gay Head, the Mashpee Wampanoag (a Sac and Fox Nation, Oklahoma; the Sac in the possession of the Charles non-Federally recognized Indian group), and Fox Tribe of the Mississippi in Whipple Greene Museum, George Hail and the Assonet Band of the Iowa; and the Sac and Fox Nation of Library, Warren, RI. Wampanoag Nation (a non-Federally Missouri in Kansas and Nebraska. A detailed assessment of the human recognized Indian group). In 1959 and 1960, human remains remains was made by Charles Whipple This notice has been sent to officials representing 32 individuals were Greene Museum professional staff in of the Wampanoag Repatriation recovered from the Crawford Farm site consultation with representatives of the Confederation, representing the (11-RI-81), on the south bank of the Narragansett Indian Tribe of Rhode Wampanoag Tribe of Gay Head, the Rock River, Rock Island County, IL Island; the Wampanoag Repatriation Mashpee Wampanoag (a non-Federally Confederation, representing the recognized Indian group), and the during two field schools conducted by Wampanoag Tribe of Gay Head, the Assonet Band of the Wampanoag Nation Drs. John McGregor and Elaine Bluhm Mashpee Wampanoag (a non-Federally (a non-Federally recognized Indian of UIUC. No known individuals were recognized Indian group), and the group). Representatives of any other identified. The 8,138 associated Assonet Band of the Wampanoag Nation Indian tribe that believes itself to be funerary objects include beads (glass, (a non-Federally recognized Indian culturally affiliated with these human shell, bone, amethyst), a catlinite pipe, group). Consultation was also remains and associated funerary objects a catlinite beaver pendant, ceramic conducted with the Pokanoket Tribe of should contact Sarah Weed, Director, sherds, chert flakes, copper bracelets, the Wampanoag Nation (a non-Federally George Hail Library, 530 Main Street, gun flints, a galena crystal, a glass recognized Indian group). Warren, RI 02885; telephone: (401) 245- mirror, head pieces, textiles, leather, In 1914, human remains representing 7686 before December 9, 1999. buttons, a peace medal, pigments, a one individual were recovered from Repatriation of the human remains and flintlock pistol, a porcelain pendant, a Burr’s Hill, Warren, RI by Charles R. associated funerary objects to the shell gorget, wood, lead objects such as Carr, director of the George Hail Library, Wampanoag Repatriation Confederation, coils, hairpipes, musket balls, ornament Warren, RI. These human remains were representing the Wampanoag Tribe of and scraps; brass objects (coils, rings, placed within the Charles Whipple Gay Head, the Mashpee Wampanoag (a hawk bells, kettle fragments, a pipe Greene Museum within the Library. No non-Federally recognized Indian group), tomahawk, tinklers, thimbles, and known individual was identified. The and the Assonet Band of the tinkling cones), silver objects (bracelets, 90 associated funerary objects include Wampanoag Nation (a non-Federally brooches, crosses earrings, gorgets, pipes, metal work, bottles, wampum, recognizd Indian group) may begin after hairpipes, jump rings, tinklers, a ring, and beads. Based on the associated funerary that date if no additional claimants and spoon lockets), and iron objects objects, this individual has been come forward. (clasp knife, a cow bell, handles, knife identified as Native American. Burr’s Dated: October 25, 1999. blades, nails, and strike-a-lights). Hill is believed to be located on the Francis P. McManamon, During the mid-1990s, human southern border of Sowams, a Departmental Consulting Archeologist, remains representing a minimum of two Wampanoag village. Sowams is Manager, Archeology and Ethnography individuals from the Crawford Farm site identified in historical documents of the Program. (11-RI-81), Rock Island County, IL were 16th and 17th centuries as a [FR Doc. 99–29340 Filed 11–8–99; 8:45 am] transferred to UIUC from the Illinois Wampanoag village, and was ceded to BILLING CODE 4310±70±F State Museum in order to unite the English in 1653 by Massasoit and individuals from the same site for his eldest son Wamsutta (Alexander). repatriation. No known individuals Based on the associated funerary DEPARTMENT OF THE INTERIOR were identified. No associated funerary objects, tese human remains have been objects are present. National Park Service dated to the contact period (1500-1690 Based on material culture, associated A.D.). Based on the above mentioned Notice of Inventory Completion for funerary objects, and historical information, officials of the Charles Native American Human Remains and documents, the Crawford Farm site has Whipple Greene Museum have Associated Funerary Objects From been identified as the second village of determined that, pursuant to 43 CFR Rock Island County, IL in the Saukenuk, dating to c. 1790–1820 A.D. 10.2 (d)(1), the human remains listed Possession of the Department of (the first village known as Saukenuk above represent the physical remains of Anthropology, University of Illinois at existed as early as 1737, but was burnt one individual of Native American Urbana-Champaign, Urbana, IL to the ground in 1780 by Spanish and American militias under John ancestry. Officials of the Charles AGENCY: National Park Service. Whipple Greene Museum have also Montgomery). Based on the presence ACTION: Notice. determined that, pursuant to 43 CFR and age of the associated funerary 10.2 (d)(2), the 90 objects listed above Notice is hereby given in accordance objects, these individuals have been are reasonably believed to have been with provisions of the Native American identified as Native American from the placed with or near individual human Graves Protection and Repatriation Act Sauk village of Saukenuk. In 1832, remains at the time of death or later as (NAGPRA), 43 CFR 10.9, of the Saukenuk was again abandoned part of the death rite or ceremony. completion of an inventory of human following the conflict known as the Lastly, officials of the Charles Whipple remains and associated funerary objects Black Hawk War. While members of Greene Museum have determined that, from Rock Island County, IL in the neighboring tribes (Ho-Chunk/ pursuant to 43 CFR 10.2 (e), there is a possession of the Department of Winnebago, Potawatomi, Ottawa relationship of shared group identity Anthropology, University of Illinois at (Odawa), and Menominee) were known which can be reasonably traced between Urbana-Champaign (UIUC), Urbana, IL. to have passed through Saukenuk, the these Native American human remains A detailed assessment of the human settlement and cemetery sites were and associated funerary objects and the remains was made by UIUC Department predominantly Sauk and/or Mesquaki Wampanoag Repatriation Confederation, of Anthropology professional staff in (Fox).
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Based on the above mentioned begin after that date if no additional establish and administer an office on information, officials of the University claimants come forward. Central Valley Project water of Illinois at Urbana-Champaign have Dated: October 28, 1999. conservation best management practices determined that, pursuant to 43 CFR Francis P. McManamon, that shall * * * develop criteria for 10.2 (d)(1), the human remains listed Departmental Consulting Archeologist, evaluating the adequacy of all water above represent the physical remains of Manager, Archeology and Ethnography conservation plans developed by project a minimum of 34 individuals of Native Program. contractors, including those plans American ancestry. Officials of the [FR Doc. 99–29341 Filed 11–8–99; 8:45 am] required by section 210 of the Reclamation Reform Act of 1982.’’ Also, University of Illinois at Urbana- BILLING CODE 4310±70±F Champaign have also determined that, according to Section 3405(e)(1), these pursuant to 43 CFR 10.2 (d)(2), the 8,138 criteria will be developed ‘‘* * * with objects listed above are reasonably DEPARTMENT OF THE INTERIOR the purpose of promoting the highest level of water use efficiency reasonably believed to have been placed with or achievable by project contractors using near individual human remains at the Bureau of Reclamation best available cost-effective technology time of death or later as part of the death Central Valley Project Improvement and best management practices.’’ rite or ceremony. Lastly, officials of the Act, Criteria for Evaluating Water The draft 1999 Criteria states that all University of Illinois at Urbana- Management Plans parties (contractors) that contract with Champaign have determined that, Reclamation for water supplies AGENCY: pursuant to 43 CFR 10.2 (e), there is a Bureau of Reclamation, (municipal and industrial contracts over relationship of shared group identity Interior. 2,000 acre-feet and agricultural which can be reasonably traced between ACTION: Notice. contracts over 2,000 irrigable acres) will these Native American human remains prepare water management plans that SUMMARY: To meet the requirements of and associated funerary objects and the will be evaluated by Reclamation based the Central Valley Project Improvement Sac and Fox Nation, Oklahoma; the Sac on the following required information Act (CVPIA) of 1992 and the and Fox Tribe of the Mississippi in detailed in the sections listed below to Reclamation Reform Act of 1982, the develop, implement, monitor, and Iowa; and the Sac and Fox Nation of Bureau of Reclamation (Reclamation) revise their water management plans. Missouri in Kansas and Nebraska. developed and published the Criteria for The sections are: This notice has been sent to officials Evaluating Water Conservation Plans, 1. Describe the district. of the Sac and Fox Nation, Oklahoma; dated April 30, 1993. In September 2. Inventory water resources. the Sac and Fox Tribe of the Mississippi 1996, Reclamation revised the 3. Best Management Practices (BMP’s) in Iowa; the Sac and Fox Nation of document and renamed it the Criteria for Agricultural Contractors. Missouri in Kansas and Nebraska, the for Evaluating Water Management Plans 4. BMP’s for Urban Contractors. Ho-Chunk Nation of Wisconsin, the (Criteria). The Criteria is being revised 5. Plan implementation. Winnebago Tribe of Nebraska, the again for 1999. 6. Exemption process Citizen Potawatomi Nation, Oklahoma; The draft 1999 Criteria was revised 7. Regional Criteria. the Forest County Potawatomi based on information provided during 8. Five year revisions. Community of Wisconsin Potawatomi public scoping and public review Public comment on Reclamation’s Indians, Wisconsin; Huron Potawatomi, sessions held throughout Reclamation’s draft 1999 Criteria are invited at this Inc., Michigan; the Pokagan Band of Mid-Pacific (MP) Region. Reclamation time. A copy of the 1999 Criteria will be Potawatomi Indians of Michigan; the will use the Criteria to evaluate the available for review at Reclamation’s adequacy of all water management plans Prairie Band of Potawatomi Indians, MP Regional Office located in developed by Central Valley Project Kansas; the Hannahville Indian Sacramento, California. If you wish to contractors. The Criteria was developed Community of Wisconsin Potawatomie review a copy of the draft 1999 Criteria, for the purpose of promoting the most please contact Ms. Billingsley. Indians of Michigan, the Menominee efficient water use reasonably Indian Tribe of Wisconsin, the Grand achievable. Reclamation has made a Dated: October 4, 1999. Traverse Band of Ottawa and Chippewa commitment to publish a notice of its Robert F. Stackhouse, Indians of Michigan, the Little Traverse draft 1999 Criteria in the Federal Regional Resources Manager, Mid-Pacific Bay Band of Odawa Indians of Register and to allow the public 30 days Region. Michigan, and the Little River Band of to comment. [FR Doc. 99–29258 Filed 11–8–99; 8:45 am] Ottawa Indians of Michigan. DATES: All public comments must be BILLING CODE 4310±94±M Representatives of any other Indian tribe received by December 9, 1999. that believes itself to be culturally ADDRESSES: Please mail comments to DEPARTMENT OF THE INTERIOR affiliated with these human remains and Lucille Billingsley, Bureau of associated funerary objects should Reclamation, 2800 Cottage Way, MP– Bureau of Reclamation contact Dr. Richard P. Wheeler, Head, 410, Sacramento, CA 95825. Department of Anthropology, 109 FOR FURTHER INFORMATION CONTACT: To Glen Canyon Adaptive Management Davenport Hall, 607 South Mathews be placed on a mailing list for any Work Group (AMWG) and Glen Canyon Street, Urbana, IL 61801; telephone: subsequent information, please contact Technical Work Group (TWG); (217) 333-3616, before December 9, Lucille Billingsley at the address above, Correction 1999. Repatriation of the human or by telephone at (916) 978–5215 (TDD AGENCY: Bureau of Reclamation, remains and associated funerary objects 978–5608). to the Sac and Fox Nation, Oklahoma; Interior. SUPPLEMENTARY INFORMATION: Under ACTION: Notice; correction. the Sac and Fox Tribe of the Mississippi provision of Section 3405 (e) of the in Iowa; and the Sac and Fox Nation of CVPIA (Title 34 Public Law 102–575), SUMMARY: The Bureau of Reclamation Missouri in Kansas and Nebraska may ‘‘The Secretary [of the Interior] shall published a document in the Federal
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Register on October 7, 1999, concerning the TPS program, thereby expanding What Is the Statutory Authority for the the announcement of an upcoming TPS eligibility to include nationals of Attorney General To Redesignate public meeting of the Glen Canyon Burundi (and aliens having no Burundi Under the TPS Program? Technical Work Group. The document nationality who last habitually resided Section 244(b)(1) of the Act implicitly contained incorrect dates and an in Burundi) who have been permits the Attorney General to incorrect location for the meeting. ‘‘continuously present in the United redesignate a foreign state (or any part FOR FURTHER INFORMATION CONTACT: States’’ and who have ‘‘continuously of such foreign state) under the TPS Randall Peterson, Bureau of resided in the United States’’ since program such that non-covered aliens Reclamation, at (801) 524–3758. November 9, 1999. residing in the United States could receive TPS benefits, instead of simply Correction EFFECTIVE DATES: extending a foreign state’s TPS In the Federal Register of October 7, Extension of Designation and Re- designation and thereby extending 1999, in FR Doc. 99–26118, on page Registration benefits to previously eligible aliens. 8 54639, in the third column, first whole U.S.C. 1254(b)(1). An alien is eligible for paragraph, correct the date and location The extension of Burundi’s TPS TPS if he or she is otherwise admissible, under Phoenix, Arizona, to read as designation is effective November 3, and ‘‘has been continuously physically follows: 1999, and lasts until November 2, 2000. present since and has continually Phoenix, Arizona—December 7–8, Nationals of Burundi (and aliens having resided in the United States since the 1999. The meeting will begin at 9:30 no nationality who last habitually effective date of the most recent a.m. and conclude at 5:00 p.m. on the resided in Burundi) who currently have designation of that state.’’ 8 U.S.C. first day and begin at 8:00 a.m. and TPS must re-register for TPS during the 1254a(c)(1)(A)(i). conclude at 3:00 p.m. on the second period lasting from November 9, 1999, Why Did the Attorney General Decide day. The meeting will be held at the until December 9, 1999. Embassy Suites Hotel, Turquoise Room, To Both Extend and Redesignate 1515 N. 44th Street, Phoenix, Arizona. Redesignation Burundi Under the TPS Program? On November 4, 1997, the Attorney Dated: November 3, 1999. The redesignation of Burundi for TPS General designated Burundi under the Steven Richardson, is effective from November 9, 1999, TPS program. Since that time, the Chief of Staff. until November 2, 2000. The registration [FR Doc. 99–29244 Filed 11–8–99; 8:45 am] Attorney General and the Department of period for nationals of Burundi (and State have continuously examined BILLING CODE 4310±94±P aliens who last habitually resided in conditions in Burundi. A recent Burundi) begins on November 9, 1999, Department of State report on and will remain in effective until conditions in that country found that, DEPARTMENT OF JUSTICE November 2, 2000. ‘‘[w]hile the Arusha peace negotiations continue, Burundi nevertheless remains Immigration and Naturalization Service FOR FURTHER INFORMATION CONTACT: Michael Valverde, Program Analyst, a fragile country with considerable [INS No. 2022±99; AG Order No. 2271±99] Immigration and Naturalization Service, ethnic violence and deep divisions over the distribution of power. The June 1998 RIN 1115±AE26 Room 3040, 425 I Street, NW, Washington, DC 20535, telephone (202) cease fire agreement has been generally Extension and Redesignation of 514–4754. ineffective, and Burundi can still be Burundi Under the Temporary described as a nation undergoing civil Protected Status Program SUPPLEMENTARY INFORMATION: war.’’ The memorandum further states that ‘‘[w]ide-spread and serious human What Is the Statutory Authority for the AGENCY: Immigration and Naturalization rights abuses continue to be committed Service, Justice. Attorney General To Extend Burundi’s by both the rebels and the Burundian TPS Designation Under the TPS ACTION: Notice. military. Burundi remains insecure Program? throughout the country.’’ Based on these SUMMARY: On November 4, 1997, the Section 244(b)(3)(A) of the and other findings, the Attorney General Attorney General designated Burundi Immigration and Nationality Act (the has determined that conditions in under the Temporary Protected Status Act) states that at least 60 days before Burundi warrant the extension and (TPS) program for a period of twelve the end of a designation, the Attorney redesignation of Burundi under the TPS months. This initial designation allowed program. This order will extend the General must review conditions in the eligible nationals of Burundi (and aliens availability of TPS to eligible nationals foreign state for which the designation having no nationality who last of Burundi (and aliens having no is in effect. 8 U.S.C. 1254a(b)(3)(A). habitually resided in Burundi) who had nationality who last habitually resided Under section 244(b)(3)(C), the Attorney continuously resided in the United in Burundi) who arrived in the United States since that date to apply for TPS. General may extend the initial TPS States after the date of initial This initial designation, which expired period based on a determination that the designation. November 3, 1998, was extended last foreign state continues to meet the year. This notice extends the TPS conditions for designation. 8 U.S.C. If I Currently Have TPS Through the designation for Burundi for another 1254(b)(3)(C). Through such an Burundi TPS Program, Do I Still Need twelve-month period (until November 2, extension, however, TPS continues to be to Re-Register for TPS? 2000), and sets forth the procedures available only to aliens who have been Yes. If you were granted TPS based on necessary for nationals of Burundi (and continuously physically present and the initial designation of Burundi, that aliens having no nationality who last who have continuously resided in the status will expire on November 3, 1999. habitually resided in Burundi) with TPS United States from the effective date of Accordingly, you must re-register for to re-register for TPS program. This the initial designation, in this case since TPS in order to maintain your status notice also redesignates Burundi under November 4, 1997. through November 2, 2000. With re-
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CHART 1
If Then
You are applying for employment authorization through November 2, You must complete and file the Form I±765, Application for Employ- 2000. ment Authorization, with the one-hundred dollar ($100) fee. You already have employment authorization or do not request employ- You must complete and file the Form I±765, Application for Employ- ment authorization. ment Authorization, without a fee. You are applying for employment authorization and are requesting a You must complete and file Form I±765, an appropriately documented fee waiver. fee waiver request, and the requisite affidavit (and any other informa- tion), in accordance with 8 CFR 244.20.
To re-register for TPS, you also must If I Do Not Currently Have TPS, How ($50) fee. Additionally, you must submit include two identification photographs Do I Register? the Form I–765 and a twenty-five dollar (11⁄2′′ x 11⁄2′′). ($25) fingerprinting fee. See Chart 2 All applicants filing for TPS under the below to determine if you must also Burundi redesignation who have not submit the one hundred-dollar ($100) previously been granted TPS must apply filing fee for Form I–765, and to obtain by filing Form I–821 and the fifty-dollar information on requesting a fee waiver.
CHART 2
If Then
You are applying for employment authorization through November 2, You must complete and file the Form I±765, Application for Employ- 2000. ment Authorization, with the one-hundred dollar ($100) fee. You already have employment authorization or do not request employ- You must complete and file the Form I±765, Application for Employ- ment authorization. ment Authorization, without a fee. You are requesting a fee waiver for the $50 fee of the Form I±821, You must complete and file Form I±821, Form I±765, and an appro- $100 fee for the Form I±765, and $25 fingerprinting fee. priately documented fee waiver request and the affidavit (and any other information), in accordance with 8 CFR 244.20.
To register for TPS, you also must When Must I Register for TPS Under What Are the Requirements for include two identification photographs the Redesignation? Nationals of Burundi To Demonstrate (11⁄2′′ × 11⁄2′′) and supporting evidence, That They Have Been ‘‘Continuously as provided in 8 CFR 244.9 (evidence of The registration period for nationals Physically Present’’ and Have identity, nationality, and proof of of Burundi applying for TPS under the ‘‘Continuously Resided’’ in the United residence). redesignation begins November 9, 1999, States? and will remain in effect until When Must I Re-Register for TPS Under November 2, 2000. All new applicants for TPS under the the Extension? Burundi redesignation will have to Where Must I File My Application for demonstrate ‘‘continuous physical For nationals of Burundi (and aliens TPS Under This Extension and presence’’ and ‘‘continuous residence’’ having no nationality who last Redesignation? in the United States since November 9, habitually resided in Burundi) who 1999. ‘‘Continuously physically currently have TPS, the re-registration Applicants seeking to register for TPS present’’ means actual physical period begins November 9, 1999 and or to extend their TPS must submit an presence in the United States for the lasts until December 9, 1999. If you have application and accompanying materials entire period specified. An alien, TSP from the original designation but to the Immigration and Naturalization however, shall not shall be considered do not file during the re-registration Service (INS) district office that has to have failed to maintain continuous period, you can still file a new jurisdiction over the applicant’s place of physical presence in the United States application for TPS under the residence. by virture of brief, casual, and innocent redesignation. If you are filing a new absence. ‘‘Continuously resided’’ means application, you will need to follow the residing in the United States for the instructions for applying under the entire period specified. An alien will redesignation. not be considered to have failed to maintain continuous residence in the
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United States by reason of a brief, (3) I estimate that there are no more Dated: November 2, 1999. casual, and innocent absence. than 500 nationals of Burundi who have Janet Reno, been granted TPS and who are eligible Notice of Extension of Designation and Attorney General. for re-registration, and no more than 500 Redesignation of Burundi Under the [FR Doc. 99–29248 Filed 11–8–99; 8:45 am] nationals of Burundi who do not have BILLING CODE 4410±16±M TPS Program TPS and are eligible for TPS under this By the authority vested in me as redesignation. Attorney General under Section 244 of (4) In order to maintain TPS, a DEPARTMENT OF JUSTICE the Act, and as required by sections national of Burundi (or an alien having 244(b)(3)(A) and (C), and 244 (b) (1) of no nationality who last habitually Immigration and Naturalization Service resided in Burundi) who currently has the Act, I have consulted with the [INS No. 2024±99; AG Order No. 2273±99] appropriate government agencies TPS must re-register by filing Form I– concerning the redesignation of Burundi 821, together with Form I–765, within RIN 1115±AE26 under the TPS program and the the period beginning November 9, 1999 extension of that country’s current TPS and ending on December 9, 1999. Late Extension and Redesignation of Sierra designation. From these consultations, I re-registration applications will be Leone Under the Temporary Protected find the following: allowed pursuant to 8 CFR 244.17(c). Status Program There is no fee for a Form I–821 filed (1) There exists an ongoing armed AGENCY: Immigration and Naturalization as part of the re-registration application. conflict in Burundi and that a return of Service, Justice. aliens who are nationals of Burundi A Form I–765 must be filed with the ACTION: Notice. (and aliens having no nationality who Form I–821. If the applicant requests employment authorization, he or she last habitually resided in Burundi) SUMMARY: On November 4, 1997, the must submit one hundred dollars ($100) would pose a serious threat to their Attorney General designated Sierra or a properly documented fee waiver personal safety as a result of the armed Leone under the Temporary Protected request, pursuant to 8 CFR 244.20 with conflict in that nation; Status (TPS) program for a period of the Form I–765. An applicant who does (2) There exist extraordinary and twelve months. This initial designation not request employment authorization temporary conditions in Burundi that allowed eligible nationals of Sierra prevent aliens who are nationals of must nonetheless file Form I–765 along with Form I–821, but is not required to Leone (and aliens having no nationality Burundi (and aliens having no who last habitually resided in Sierra nationality who last habitually resided submit the fee. (5) A national of Burundi (or an alien Leone) who had continuously resided in in Burundi) from returning to Burundi having no nationality who last the United States since that date to in safety; and habitually resided in Burundi) filing for apply for TPS. This initial designation, (3) Permitting nationals of Burundi TPS under the redesignation must file which expired November 3, 1998, was (and aliens having no nationality who Form I–821, together with Form I–765, extended last year. This notice extends last habitually resided in Burundi) to within the period beginning November the TPS designation for Sierra Leone for remain temporarily in the Untied States 9, 1999, and ending on November 2, another twelve-month period (until is not contrary to the national interest of 2000. A fifty-dollar ($50) fee must November 2, 2000), and sets forth the the United States. 8 U.S.C. 1254a(b)(1) accompany Form I–821. A twenty-five procedures necessary for nationals of (A) and (C). dollar ($25) fingerprinting fee must also Sierra Leone (and aliens having no Accordingly, I order as follows: be submitted. If the applicant requests nationality who last habitually resided (1) The designation of Burundi is employment authorization, he or she in Sierra Leone) with TPS to re-register extended under section 244(b)(3)(A) and must submit one hundred dollars ($100) for TPS program. This notice also (C) of the Act for the 12-month period or a properly documented fee waiver redesignates Sierra Leone under the TPS spanning from November 3, 1999, to request, pursuant to 8 CFR 244.20, with program, thereby expanding TPS November 2, 2000. 8 U.S.C. the Form I–765. An applicant who does edibility to include nationals of Sierra 1254a(b)(3)(A) and (C). Nationals of not request employment authorization Leone (and aliens having no nationality Burundi (and aliens having no must nonetheless file Form I–765 along who last habitually resided in Sierra nationality who last habitually resided with Form I–821 but is not required to Leone) who have been ‘‘continuously in Burundi) who received TPS during submit the fee. The applicant can also present in the United States’’ and who the initial designation period may apply request a fee waiver for the twenty-five have ‘‘continuously resided in the for an extension of TPS during the dollar ($25) fee. United States’’ since November 9, 1999. registration period lasting from (6) Pursuant to section 244(b)(3)(A) of EFFECTIVE DATE: November 9, 1999 until December 9, the Act, the Attorney General will 1999. review, at least 60 days before Extension of Designation and Re- (2) Burundi is redesignated under November 2, 2000, the designation of Registration section 244(b)(1) of the Act for TPS for Burundi under the TPS program to The TPS extension is effective on a twelve-month period until November determine whether the conditions for November 3, 1999, and lasts until 2, 2000. 8 U.S.C. 1254a(b)(1). Nationals designation continue to be met. 8 U.S.C. November 2, 2000. Nationals of Sierra of Burundi (and aliens having no 1254a(b)(3)(A). Notice of that Leone (and aliens having no nationality nationality who last habitually resided determination will be published in the who last habitually resided in Sierra in Burundi) who have been Federal Register. If there is an extension Leone) who currently have TPS must re- ‘‘continuously physically present’’ and of designation, late initial registration register for TPS during the period have ‘‘continuously resided’’ in the for TPS will be allowed only pursuant lasting from November 9, 1999, until United States since November 9, 1999, to the requirements of 8 CFR 244.2(f)(2). December 9, 1999. may apply for TPS within the (7) Information concerning the registration period, which begins redesignation of Burundi under the TPS Redesignation November 9, 1999, and ends November program will be available at local INS The redesignation of Sierra Leone for 2, 2000. offices upon publication of this notice. TPS is effective from November 9, 1999,
VerDate 29-OCT-99 17:33 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\09NON1.XXX pfrm01 PsN: 09NON1 61126 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Notices until November 2, 2000. The TPS redesignate a foreign state (or any part TPS program. This order will extend the registration period for nationals of of such foreign state) under the TPS availability of TPS to eligible nationals Sierra Leone (and aliens who last program such that non-covered aliens of Sierra Leone (and aliens having no habitually resided in Sierra Leone) who residing in the United States could nationality who last habitually resided do not currently have TPS begins receive TPS benefits, instead of simply in Sierra Leone) who arrived in the November 9, 1999, and will remain in extending a foreign state’s TPS United States after the date of initial effect until November 2, 2000. designation and thereby extending designation. benefits to previously eligible aliens. 8 FOR FURTHER INFORMATION CONTACT: If I Currently Have TPS Through the U.S.C. 1254(b)(1). An alien is eligible for Michael Valverde, Program Analyst, Sierra Leone TPS Program, Do I Still TPS if he or she is otherwise admissible, Immigration and Naturalization Service, Need To Re-Register for TPS? Room 3040, 425 I Street, NW., and ‘‘has been continuously physically Washington, DC 20536, telephone (202) present since and has continually Yes. If you were granted TPS based on 514–4754. resided in the United States since the the initial designation of Sierra Leone, SUPPLEMENTARY INFORMATION: effective date of the most recent your protected status will expire on designation of that state.’’ 8 U.S.C. November 3, 1999. Accordingly, you What Is the Statutory Authority for the 1254(c)(1)(A)(i). must reregister for TPS in order to Attorney General To Extend Sierra maintain your status through November Why Did the Attorney General Decide Leone’s TPS Designation Under the TPS 2, 2000. With re-registration, you do not To Both Extend and Redesignate Sierra Program? need to pay the fifty-dollar ($50) filing Leone Under the TPS Program? Section 244(b)(3)(A) of the fee for the Form I–821, Application for Immigration and Nationality Act (the On November 4, 1997, the Attorney Temporary Protected Status. If you do Act) states that at least 60 days before General designated Sierra Leone under not have TPS or have TPS but miss the the end of a designation, the Attorney the TPS program. Since that date, the re-registration period, you can still General must review conditions in the Attorney General and the Department of apply for TPS under the redesignation, foreign state for which the designation State have continuously examined if you have been continuously is in effect. 8 U.S.C. 1254a(b)(3)(A). conditions in Sierra Leone. A recent physically present and have Under Section 244(b)(3)(C), the Attorney Department of State report on continuously resided in the United General may extend the initial TPS conditions in that country found that, States since November 9, 1999. See the period based on a determination that the ‘‘[a]lthough the Lome Accord was registration instructions below for foreign state continues to meet the signed in early July [1999], Sierra Leone complete filing instructions. cannot yet be considered at peace. The conditions for designation. 8 U.S.C. If I Currently Have TPS, How Do I implementation of the Accord is not 1254(b)(3)(C). Through such an Register for an Extension? extension, however, TPS continues to be going according to plan.’’ The available only to aliens who have been memorandum further states that ‘‘[r]ebel All applicants previously granted TPS continuously physically present and forces continue to control much of the under the Sierra Leone program may who have continuously resided in the interior. According to the [United apply for an extension by filing a Form United States from the effective date of Nations], nearly one-third (1.5 million) I–821 (without the fee) during the re- the initial designation, in this case since of the country’s 4.6 million people have registration period that begins November 4, 1997. been displaced from their homes, November 9, 1999 and ends December including 500,000 refugees now in 9, 1999. Additionally, you must file a What Is the Statutory Authority for the neighboring countries.’’ Based on these Form I–765, Application for Attorney General To Redesignate Sierra and other findings, the Attorney General Employment Authorization. See Chart 1 Leone Under the TPS Program? has determined that conditions in Sierra below to determine whether or not you Section 244(b)(1) of the Act implicitly Leone warrant the extension and must submit the one-hundred dollar permits the Attorney General to redesignation of Sierra Leone under the ($100) filing fee with the Form I–765.
CHART 1
If Then
You are applying for employment authorization through November 2, You must complete and file the Form I±765, Application for Employ- 2000. ment Authorization, with the one-hundred dollar ($100) fee. You already have employment authorization or do not request employ- You must complete and file the Form I±765, Application for Employ- ment authorization. ment Authorization, without a fee. You are applying for employment authorization and are requesting a You must complete and file Form I±765, an appropriately documented fee waiver. fee waiver request, and the requisite affidavit (and any other informa- tion), in accordance with 8 CFR 244.20.
To re-register for TPS, you also must If I Do Not Currently Have TPS, How submit Form I–765 and a twenty-five include two identification photographs Do I Register? dollar ($25) fingerprinting fee. See Chart 1 ′′ 1 ′′ (1 ⁄2 x 1 ⁄2 . All applicants filing for TPS under the 2 below to determine if you must also Sierra Leone redesignation who have submit the one-hundred dollar ($100) not previously been granted TPS must filing fee for Form I–765 and to obtain apply by filing Form I–821 and the fifty- information on requesting a fee waiver. dollar ($50) fee. Additionally, you must
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CHART 2
If Then
You already have employment authorization or do not request employ- You must complete and file the Form I±765, Application for Employ- ment authorization. ment Authorization, without a fee. You are requesting a fee waiver for the $50 fee of the Form I±821, You must complete and file Form I±821, Form I±765, and an appro- $100 fee for the Form I±765, and $25 fingerprinting fee. priately documented fee waiver request and the affidavit (and any other information), in accordance with 8 CFR 244.20.
To register for TPS, you also must however, shall not be considered to designation period may apply for an include two identification photographs have failed to maintain continuous extension of the TPS during the (11⁄2′′ x 11⁄2′′) and supporting evidence, physical presence in the United States registration period lasting from as provided in 8 CFR 244.9 (evidence of by virtue of a brief, casual, and innocent November 9, 1999 until December 9, identity, nationality, and proof of absence. ‘‘Continuously resided’’ means 1999. residence). residing in the United States for the (2) Sierra Leone is redesignated under entire period specified. An alien will section 244(b)(1) of the Act for TPS for When Must I Re-Register for TPS Under not be considered to have failed to a twelve-month period, until November the Extension? maintain continuous residence in the 2, 2000. 8 U.S.C. 1254a(b)(1). Nationals For nationals of Sierra Leone (and United States by reason of a brief, of Sierra Leone (and aliens having no aliens having no nationality who last casual, and innocent absence. nationality who last habitually resided habitually resided in Sierra Leone) who in Sierra Leone) who have been currently have TPS, the re-registered Notice of Extension of Designation and ‘‘continuously physically present’’ and period begins November 9, 1999 and Redesignation of Sierra Leone Under have ‘‘continuously resided’’ in the lasts until December 9, 1999. If you have the TPS Program United States since November 9, 1999, TPS from the original designation but By the authority vested in me as may apply for TPS within the do not file during the re-registration Attorney General under section 244 of registration period, which begins period, you can still file a new the Act, and as required by sections November 9, 1999, and ends November application for TPS under the 244(b)(3)(A) and (C), and 244(b)(1) of 2, 2000. redesignation. If you are filing a new the Act, I have consulted with the (3) I estimate that there are no more application, you will need to follow the appropriate government agencies than 3,000 nationals of Sierra Leone instructions for applying under the concerning the redesignation of Sierra who have been granted TPS and who redesignation. Leone under the TPS program and the are eligible for re-registration and no extension of that country’s current more than 2,000 nationals of Sierra When Must I Register for TPS Under designation. From these consultations, I Leone who do not have TPS and are the Redesignation? find the following: eligible for TPS under this The registration period for nationals (1) There exists an ongoing armed redesignation. of Sierra Leone applying for TPS under conflict in Sierra Leone and a return of (4) In order to maintain TPS, a the redesignation begins November 9, aliens who are nationals of Sierra Leone national of Sierra Leone (or an alien 1999, and will remain in effect until (and aliens having no rationality who having no nationality who last November 2, 2000. last habitually resided in Sierra Leone) habitually resided in Sierra Leone) who would pose a serious threat to their currently has TPS must re-register by Where Must I File My Application for personal safety as a result of the armed filing Form I–821, together with Form I– TPS Under This Extension and conflict in that nation; 765, within the period beginning Redesignation? (2) There exist extraordinary and November 9, 1999 and ending on Applicants seeking to register for TPS temporary conditions in Sierra Leone December 9, 1999. Late re-registration or to extend their TPS must submit an that prevent aliens who are nationals of applications will be allowed pursuant to application and accompanying materials Sierra Leone (and aliens having no 8 CFR 244.17(c). There is no fee for a to the Immigration and Naturalization nationality who last habitually resided Form I–821 filed as part of the re- Service (INS) district office that has in Sierra Leone) from returning to Sierra registration application. A Form I–765 jurisdiction over the applicant’s place of Leone in safety; and must be filed with the Form I–821. If the residence. (3) Permitting nationals of Sierra applicant requests employment Leone (and aliens having no nationality authorization, he or she must submit What Are the Requirements for who last habitually resided in Sierra one-hundred dollars ($100) or a Nationals of Sierra Leone To Leone) to remain temporarily in the properly documented fee waiver Demonstrate That They Have Been United States is not contrary to the request, pursuant to 8 CFR 244.20, with ‘‘Continuously Physically Present’’ and national interest of the United States. 8 the Form I–765. An applicant who does Have ‘‘Continuously Resided’’ in the U.S.C. 1254a (b)(1)(A) and (C). not request employment authorization United States? Accordingly, I order as follows: must nonetheless file Form I–765 along All new applicants for TPS under the (1) The designation of Sierra Leone is with Form I–821, but is not required to Sierra Leone redesignation will have to extended under section 244(b)(3)(A) and submit the fee. demonstrate ‘‘continuous physical (C) of the Act for the 12-month period (5) A national of Sierra Leone (or an presence’’ and ‘‘continuous residence’’ spanning from November 3, 1999, to alien having no nationality who last in the United States since November 9, November 2, 2000. 8 U.S.C. 1254(b)(3) habitually resided in Sierra Leone) filing 1999. ‘‘Continuously physically (A) and (C). Nationals of Sierra Leone for TPS under the redesignation must present’’ means actual physical (and aliens having no nationality who file Form I–821, together with Form I– presence in the United States for the last habitually resided in Sierra Leone) 765, within the period beginning entire period specified. An alien, who received TPS during the initial November 9, 1999, and ending on
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November 2, 2000. A fifty-dollar ($50) designation for Sudan for another who have continuously resided in the fee must accompany Form I–821. A twelve month period (until November 2, United States from the effective date of twenty-five dollar ($25) fingerprinting 2000), and sets forth procedures the initial designation, in this case since fee must also be submitted. If the necessary for nationals of Sudan (and November 4, 1997. applicant requests employment aliens having no nationality who last What Is the Statutory Authority for the authorization, he or she must submit habitually resided in Sudan) with TPS Attorney General To Redesignate Sierra one hundred dollars ($100) or a to re-register for the additional twelve- Leone Under the TPS Program? properly documented fee waiver month TPS period. This notice also request, pursuant to 8 CFR 244.20, with redesignates Sudan under the TPS Section 244(b)(1) of the Act implicitly the Form I–765. An applicant who does program, thereby expanding TPS permits the Attorney General to not request employment authorization eligibility to include nationals of Sudan redesignate a foreign state (or any part must nonetheless file Form I–765 along (and aliens having no nationality who of such foreign state) under the TPS with Form I–821, but is not required to last habitually resided in Sudan) who program such that non-covered aliens submit the fee. The applicant can also have been ‘‘continuously present in the residing in the United States could request a fee waiver for the twenty-five United States’’ and who have receive TPS benefits, instead of simply dollar ($25) fee. ‘‘continuously resided in the United extending a foreign state’s TPS (6) Pursuant to section 244(b)(3)(A) of States’’ since November 9, 1999. designation and thereby extending benefits to previously eligible aliens. 8 the Act, the Attorney General will EFFECTIVE DATES: review, at least 60 days before U.S.C. 1254(b)(1). An alien is eligible for November 2, 2000, the designation of Extension of Designation and Re- TPS if he or she is otherwise admissible, Sierra Leone under the TPS program to Registration and ‘‘has been continuously physically determine whether the conditions for The extension of Sudan’s TPS present since and has continually resided in the United States since the designation continue to be met. 8 U.S.C. designation is effective from November effective date of the most recent 1254a(b)(3)(A). Notice of that 3, 1999, until November 2, 2000. designation of that state.’’ 8 U.S.C. determination will be published in the Nationals of Sudan (and aliens having 1254(c)(1)(A)(i). Federal Register. If there is an extension no nationality who last habitually of designation, late initial registration resided in Sudan) who currently have Why Did the Attorney General Decide for TPS will be allowed only pursuant TPS must re-register for TPS during the To Both Extend and Redesignate Sudan to the requirements of 8 CFR 244.2(f)(2). period lasting from November 9, 1999, Under the TPS Program? (7) Information concerning the until December 9, 1999. On November 4, 1997, the Attorney redesignation of Sierra Leone under the General designated Sudan under the TPS program will be available at local Redesignation TPS program. Since that date, the INS offices upon publication of this The redesignation of Sudan for TPS is Attorney General and the Department of notice. effective from November 9, 1999, until State have continuously examined November 2, 2000. The TPS registration Dated: November 2, 1999. conditions in Sudan. A recent period for nationals of Sudan (and Janet Reno, Department of State report on aliens who last habitually resided in Attorney General. conditions in that country found that, Sudan) begins on November 9, 1999, [FR Doc. 99–29247 Filed 11–8–99; 8:45 am] ‘‘[i]n Sudan, the long-running civil war and will remain in effect until continues, causing extensive BILLING CODE 4410±10±M November 2, 2000. displacement of populations and human FOR FURTHER INFORMATION CONTACT: rights abuses directed at the displaced.’’ DEPARTMENT OF JUSTICE Michael Valverde, Program Analyst, The report also notes that recent Immigration and Naturalization Service, statistics show marked increases in both Immigration and Naturalization Service Room 3040, 425 I Street, NW, the number and approval of individual Washington, DC 20536, telephone (202) [INS No. 2023±99; AG Order No. 2272±99] asylum claims and Sudanese refugee 514–4754. resettlement in the United States. The RIN 1115±AE26 SUPPLEMENTARY INFORMATION: findings that these individual Sudanese Extension and Redesignation of Sudan What Is the Statutory Authority for the will face harm upon return to Sudan Under the Temporary Protected Status Attorney General To Extend Sierra supports the need to extend and offer Program Leone’s TPS Designation Under the TPS TPS to those Sudanese who have Program? arrived in the United States since AGENCY: Immigration and Naturalization November 4, 1997. Based on these and Service, Justice. Section 244(b)(3)(A) of the other findings, the Attorney General has ACTION: Notice. Immigration and Nationality Act (the determined that conditions in Sudan Act) states that at least 60 days before warrant the extension and redesignation SUMMARY: On November 4, 1997, the the end of a designation, the Attorney of Sudan under the TPS program. This Attorney General designated Sudan General must review conditions in the order will extend the availability of TPS under the Temporary Protected Status foreign state for which the designation to eligible nationals of Sudan (and (TPS) program for a period of twelve is in effect. 8 U.S.C. 1254(b)(3)(A). aliens having no nationality who last months. This initial designation allowed Under section 244(b)(3)(C), the Attorney habitually resided in Sudan) who eligible nationals of Sudan (and aliens General may extend the initial TPS arrived in the United States after the having no nationality who last period based on a determination that the date of initial designation. habitually resided in Sudan) who had foreign state continues to meet the continuously resided in the United conditions for designation. 8 U.S.C. If I Currently Have TPS Through the States since that date to apply for TPS. 1254(b)(3)(C). Through such an Sudan TPS Program, Do I Still Need To The initial designation, which expired extension, however, TPS continues to be Re-Register for TPS? November 3, 1998, was extended last available only to aliens who have been Yes. If you were granted TPS based on year. This notice extends the TPS continuously physically present and the initial designation of Sudan, your
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CHART 1
If Then
You are applying for employment authorization through November 2, You must complete and file the Form I±765, Application for Employ- 2000. ment Authorization, with the one-hundred dollar ($100) fee. You already have employment authorization or do not request employ- You must complete and file the Form I±765, Application for Employ- ment authorization. ment Authorization, without a fee. You are applying for employment authorization and are requesting a You must complete and file Form I±765, an appropriately documented fee waiver. fee waiver request, and the requisite affidavit (any other information), in accordance with 8 CFR 244.20.
To re-register for TPS, you also must If I Do Not Currently Have TPS, How ($50) fee. Additionally, you must submit include two identification photographs Do I Register? the Form I–765 and a twenty-five dollar (11⁄2′′ x 11⁄2′′). ($25) fingerprinting fee. See Chart 2 All applicants filing for TPS under the below to determine if you must also Sudan redesignation who have not submit the one-hundred dollar ($100) previously been granted TPS must apply filing fee for Form I–765, and to obtain by filing Form I–821 and the fifty-dollar information on requesting a fee waiver.
CHART 2
If Then
You are applying for employment authorization through November 2, You must complete and file the Form I±765, Application for Employ- 2000. ment Authorization, with the one-hundred dollar ($100) fee. You already have employment authorization or do not request employ- You must complete and file the Form I±765, Application for Employ- ment authorization. ment Authorization, without a fee. You are requesting a fee waiver for the $50 fee for the Form I±821, You must complete and file Form I±821, Form I±765, and an appro- $100 fee for the Form I±765, and $25 fingerprinting fee. priately documented fee waiver request and the affidavit (and any other information), in accordance with 8 CFR 244.20.
To register for TPS, you also must When Must I Register for TBS Under What Are the Requirements for include two identification photographs the Redesignation. Nationals of Sudan To Demonstrate (11⁄2′′ x 11⁄2′′) and supporting evidence, That They Have Been ‘‘Continuously as provided in 8 CFR 244.9 (evidence of The registration period for nationals Physically Present’’ and Have identity, nationality, and proof of of Sudan applying for TPS under the ‘‘Continuously Resided’’ in the United residence). redesignation begins November 9, 1999, States? and will remain in effect until When Must I Re-Register for TPS Under November 2, 2000. All new applicants for TPS under the the Extension? Sudan redesignation will have to Where Must I File My Application for demonstrate ‘‘continuous physical For nationals of Sudan (and aliens TPS Under This Extension and presence’’ and ‘‘continuous residence’’ having no nationality who last Redesignation? in the United States since November 9, habitually resided in Sudan) who 1999. ‘‘Continuously physically already have TPS, the re-registration Applicants seeking to register for TPS or to extend their TPS must submit an present’’ means actual physical period begins November 9, 1999 and presence in the United States for the lasts until December 9, 1999. If you have application and accompanying materials to the Immigration and Naturalization entire period specified. An alien, TPS from the original designation but however, shall not be considered to Service (INS) district office that has do not file during the re-registration have failed to maintain continuous jurisdiction over the applicant’s place of period, you can still file a new physical presence in the United States residence. application for TPS under the by virtue of a brief, casual, and innocent redesignation. If you are filing a new absence. ‘‘Continuously resided’’ means application, you will need to follow the residing in the United States for the instructions for applying under the entire period specified. An alien will redesignation. not be considered to have failed to
VerDate 29-OCT-99 17:33 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\09NON1.XXX pfrm01 PsN: 09NON1 61130 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Notices maintain continuous residence in the for re-registration, and no more than 500 Dated: November 2, 1999. United States by reason of a brief, nationals of Sudan who do not have Janet Reno, casual, and innocent absence. TPS and are eligible for TPS under this Attorney General. Notice of Extension of Designation and redesignation. [FR Doc. 99–29249 Filed 11–8–99; 8:45 am] Redesignation of Sudan Under the TPS (4) In order to maintain TPS, a BILLING CODE 4410±10±M Program national of Sudan (or an alien having no nationality who last habitually resided By the authority vested in me as DEPARTMENT OF JUSTICE Attorney General under section 244 of in Sudan) who currently has TPS must the Act, and as required by sections re-register by filing Form I–821, together Office of Justice Programs 244(b)(3)(A) and (C), and 244(b)(1) of with Form I–765, within the period the Act, I have consulted with the beginning November 9, 1999 and ending National Advisory Council on Violence appropriate government agencies on December 9, 1999. Late re- Against Women concerning the redesignation of Sudan registration applications will be allowed AGENCIES: United States Department of under the TPS program and the pursuant to 8 CFR 244.17(c). There is no Justice and United States Department of extension of that country’s current fee for a Form I–821 filed as part of the Health and Human Services. designation. From these consultations, I re-registration application. A Form I– find the following: 765 must be filed with the Form I–821. ACTION: Notice of meeting. (1) There exists an ongoing armed If the applicant requests employment SUMMARY: The National Advisory conflict in Sudan and that a return of authorization, he or she must submit Council on Violence Against Women, aliens who are nationals of Sudan (and one hundred dollars ($100) or a co-chaired by the Attorney General and aliens having no nationality who last properly documented fee waiver Secretary of Health and Human habitually resided in Sudan) would request, pursuant to 8 CFR 244.20, with Services, will meet Tuesday November pose a serious threat to their personal the Form I–765. An applicant who does 2 and Wednesday November 3, 1999 in safety as a result of the armed conflict not request employment authorization the Video Conference Room of the in that nation; must nonetheless file Form I–765 along Office of Justice Programs building, U.S. (2) There exist extraordinary and with Form I–821, but is not required to Department of Justice, third floor, 810 temporary conditions in Sudan that submit the fee. 7th Street, NW, Washington, DC 20530. prevent aliens who are nationals of (5) A national of Sudan (or an alien Scheduled to begin at 9:00 a.m. and Sudan (and aliens having no nationality adjourn at 4:15 p.m., the meeting will who last habitually resided in Sudan) having no nationality who last include opening remarks by the from returning to Sudan in safety; and habitually resided in Sudan) filing for (3) Permitting nationals of Sudan (and TPS under the redesignation must file Attorney General and Secretary Shalala aliens having no nationality who last Form I–821, together with Form I–765, and remarks by Dr. David Satcher, habitually resided in Sudan) to remain within the period beginning November Surgeon General, and Laurie Robinson, temporarily in the United States is not 9, 1999, and ending on November 2, Assistant Attorney General for the contrary to the national interest of the 2000. A fifty-dollar ($50) fee must Office of Justice Programs. The Advisory Council will meet in United States. 8 U.S.C. 1254a(b)(1)(A) accompany Form I–821. A twenty-five closed, small group sessions on both and (C). dollar ($25) fingerprinting fee must also Accordingly, I order as follows: be submitted. If the applicant requests days. The full Advisory Council meeting (1) The designation of Sudan is employment authorization, he or she will be open to the public on a space- extended under sections 244(b)(3)(A) must submit one hundred dollars ($100) available basis. Reservations are and (C) of the Act for the twelve-month or a properly documented fee waiver required and a photo ID will be period spanning from November 3, request, pursuant to a 8 CFR 244.20, requested for admittance. To reserve a 1999, to November 2, 2000. 8 U.S.C. with the Form I–765. An applicant who space and advise of any special needs, 1254a(b)(3)(A) and (C). Nationals of does not request employment interested persons should call Karen Sudan (and aliens having no nationality authorization must nonetheless file Noel at the Department of Justice at who last habitually resided in Sudan) Form I–765 along with Form I–821, but 202–616–6347 or Frances Page at the who received TPS during the initial is not required to submit the fee. The Department of Health and Human designation period may apply for an applicant can also request a fee waiver Services at 202–690–6373. Sign extension of TPS during the registration for the twenty-five dollar ($25) fee. language interpreters will be provided. period lasting from November 9, 1999 Anyone wishing to submit written (6) Pursuant to section 244(b)(3)(A) of questions to this session should notify until December 9, 1999. the Act, the Attorney general will (2) Sudan is redesignated under the Department of Justice, Violence review, at least 60 days before section 244(b)(1) of the Act for TPS until Against Women Office by November 1, November 2, 2000, the designation of November 2, 2000. 8 U.S.C. 1254a(b)(1). 1999. The notice may be delivered by Sudan under the TPS program to Nationals of Sudan (and aliens having mail, telegram, facsimile, or in person. determine whether the conditions for no nationality who last habitually It should contain the requestor’s name designation continue to be met. 8 U.S.C. resided in Sudan) who have been and his or her corporate designation, 1254a(b)(3)(A). Notice of that ‘‘continuously physically present’’ and consumer affiliation, or government determination will be published in the have ‘‘continuously resided’’ in the designation along with a short statement Federal Register. If there is an extension United States since November 9, 1999, describing the topic to be addressed. of designation, late initial registration may apply for TPS within the Interested parties are encouraged to registration period, which begins for TPS will be allowed only pursuant attend. November 9, 1999, and ends November to the requirements of 8 CFR 244.2(f)(2). FOR FURTHER INFORMATION CONTACT; 2, 2000. (7) Information concerning the Questions regarding this meeting may (3) I estimate that there are no more redesignation of Sudan under the TPS be sent to the Violence Against Women than 1,000 nationals of Sudan who have program will be available at local INS Office, U.S. Department of Justice, 810 been granted TPS and who are eligible offices upon publication of this notice. 7th Street, NW, Washington, DC 20530
VerDate 29-OCT-99 14:22 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\A09NO3.158 pfrm03 PsN: 09NON1 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Notices 61131 or directed to Karen Noel at 202–616– OMB Number: 1220–0104. proposed collection of information, 6347 (tel) or 202–307–3911 (fax). Frequency: One time. including the validity of the Affected Public: Individuals or Dated October 25, 1999. methodology and assumptions used; households. • Enhance the quality, utility, and Bonnie J. Campbell, Number of Respondents: 48,000. clarity of the information to be Director, Violence Against Women Office. Estimated Time Per respondent: 9 collected; and [FR Doc. 99–29246 Filed 11–8–99; 8:45 am] minutes per household. • Minimize the burden of the BILLING CODE 4410±BB±M Total Burden Hours: 6,400 hours. collection of information on those who Total Annualized capital/startup are to respond, including through the costs: $0. use of appropriate automated, Total annual cost (operating/ DEPARTMENT OF LABOR electronic, mechanical, or other maintaining system or purchasing technological collection techniques or series): $0. Office of the Secretary other forms of information technology, Description: The information e.g., permitting electronic submission of Submission for OMB Review; collected will evaluate the size and characteristics of the population responses. Comment Request Agency: Pension and Welfare Benefits affected by job displacement and hence, November 2, 1999. Administration. the needs and scope of job training Title: Advisory Opinion Procedures— The Department of Labor (DOL) has program serving adult displaced ERISA Procedure 76–1. submitted the following public workers. These data also will measure OMB Number: 1210–0066. information collection requests (ICRs) to the severity of the displacement Frequency: On occasion. the Office of Management and Budget problem, and assess employment Affected Public: Individual or (OMB) for review and approval in stability. household; Business or other for-profit; accordance with the Paperwork Ira L. Mills, Not-for-profit institutions. Reduction Act of 1995 (Pub. L. 104–13, Departmental Clearance Officer. Number of Respondents: 83. 44 U.S.C. Chapter 35). A copy of each [FR Doc. 99–29261 Filed 11–8–99; 8:45 am] Estimated Time Per respondent: 12 individual ICR, with applicable BILLING CODE 4510±24±M hours and 40 minutes. supporting documentation, may be Total Burden Hours: 101. obtained by calling the Department of Total Annualized capital/startup Labor, Departmental Clearance Officer, DEPARTMENT OF LABOR costs: $0. Ira Mills ((202) 219–5096 ext. 143) or by Total annual costs (operating/ E-Mail to [email protected]. Office of the Secretary maintaining systems or purchasing Comments should be sent to Office of services): $0. Information and Regulatory Affairs, Submission for OMB Review; Description: ERISA Procedure 76–1 is Attn: OMB Desk Officer for BLS, DM, Comment Request used by plan fiduciaries, administrators, and other individuals when requesting ESA, ETA, MSHA, OSHA, PWBA, or November 3, 1999. VETS, Office of Management and a legal interpretation from the The Department of Labor (DOL) has Department regarding specific facts and Budget, Room 10235, Washington, DC submitted the following public 20503 ((202) 395–7316), within 30 days circumstances. The Department’s information collection requests (ICRs) to answer to such inquiries are categorized from the date of this publication in the the Office of Management and Budget Federal Register. as ‘‘information letters’’ and ‘‘advisory (OMB) for review and approval in opinions.’’ The OMB is particularly interested in accordance with the Paperwork comments which: Reduction Act of 1995 (Pub. L. 104–13, Ira L. Mills, • Evaluate whether the proposed 44 U.S.C. Chapter 35). A copy of each Departmental Clearance Officer. collection of information is necessary individual ICR, with applicable [FR Doc. 99–29264 Filed 11–8–99; 8:45 am] for the proper performance of the supporting documentation, may be BILLING CODE 4510±27±M functions of the agency, including obtained by calling the Department of whether the information will have Labor, Departmental Clearance Officer, practical utility; Ira Mills ((202) 219–5096 ext. 143) or by DEPARTMENT OF LABOR • Evaluate the accuracy of the E-Mail to [email protected]. Bureau of International Labor Affairs, agency’s estimate of the burden of the Comments should be sent to Office of U.S. National Administrative Office, proposed collection of information, Information and Regulatory Affairs, National Advisory Committee for the including the validity of the Attn: OMB Desk Officer for BLS, DM, North American Agreement on Labor methodology and assumptions used; ESA, ETA, MSHA, OSHA, PWBS, or • Cooperation; Notice of Open Meeting Enhance the quality, utility, and VETS, Office of Management and clarity of the information to be Budget, Room 10235, Washington, DC AGENCY: Office of the Secretary, Labor. collected; and 20503 ((202) 395–7316), within 30 days • ACTION: Notice of open meeting, Minimize the burden of the from the date of this publication in the December 7, 1999. collection of information on those who Federal Register. are to respond, including through the The OMB is particularly interested in SUMMARY: Pursuant to the Federal use of appropriate automated, comments which: Advisory Committee Act (Pub. L. 94– electronic, mechanical, or other • Evaluate whether the proposed 463), the U.S. National Administrative technological collection techniques or collection of information is necessary Office (NAO) gives notice of a meeting other forms of information technology, for the proper performance of the of the National Advisory Committee for e.g., permitting electronic submission of functions of the agency, including the North American Agreement on responses. whether the information will have Labor Cooperation (NAALC), which was Agency: Bureau of Labor Statistics. practical utility; established by the Secretary of Labor. Title: CPS Displaced Worker and Job • Evaluate the accuracy of the The Committee was established to Tenure Supplement. agency’s estimate of the burden of the provide advice to the U.S. Department
VerDate 29-OCT-99 14:22 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\A09NO3.125 pfrm03 PsN: 09NON1 61132 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Notices of Labor on matters pertaining to the producing taconite pellets because the adhesives, paper additives, and paper implementation and further elaboration ‘‘contributed importantly’’ group coatings that are intended to contact of the NAALC, the labor side accord to eligibility requirement of Section 222(3) food. the North American Free Trade of the Trade Act of 1974, as amended, FOR FURTHER INFORMATION CONTACT: Agreement (NAFTA). The Committee is was not met. The petitioners alleged Mark A. Hepp, Center for Food Safety authorized under Article 17 of the that imports of steel led to worker and Applied Nutrition (HFS–215), Food NAALC. separations from the subject firm. The Committee consists of 12 and Drug Administration, 200 C St. SW., Imports of taconite pellets must be used Washington, DC 20204, 202–418–3098. independent representatives drawn as the basis for possible certification. from among labor organizations, The investigation revealed that the SUPPLEMENTARY INFORMATION: Under the business and industry, educational major domestic customers of the subject Federal Food, Drug, and Cosmetic Act institutions, and the general public. firm reported either that they did not (sec. 409(b)(5) (21 U.S.C. 348(b)(5))), DATES: The Committee will meet on import or that their imports declined in notice is given that a food additive December 7, 1999 from 9 a.m. to 4:30 1999. U.S. imports of agglomerated iron petition (FAP 0B4699) has been filed by p.m. ores and concentrates (other than Rohm and Haas Co., 100 Independence ADDRESS: U.S. Department of Labor, 200 roasted iron pyrites) declined in the first Mall West, Philadelphia, PA 19106. The Constitution Avenue NW, Conference quarter of 1999 compared with the same petition proposes to amend the food Room C–5515–C, Washington, D.C. period of 1998. additive regulations in § 175.105 20210. The meeting is open to the To address the USWA Local Union Adhesives (21 CFR 175.105) and public on a first-come, first served basis. 6860 assertion that Thunderbird Mining § 176.170 Components of paper and FOR FURTHER INFORMATION CONTACT: customers are importing products like paperboard in contact with aqueous and Irasema Garza, designated Federal or directly competitive with the taconite fatty foods (21 CFR 176.170) to provide Officer, U.S. NAO, U.S. Bureau of pellets produced in Eveleth and Forbes, for the safe use of 2-methyl-4- International Labor Affairs, U.S. Minnesota, the Department conducted isothiazolin-3-one as an antimicrobial Department of Labor, 200 Constitution another survey of the subject firms’ additive for adhesives, paper additives, Avenue, NW, Room C–4327, major declining customers. The and paper coatings that are intended to Washington, D.C. 20210. Telephone respondents reported that no products contact food. 202–501–6653 (this is not a toll free were purchased from domestic or The agency has determined under 21 number). foreign sources to replace taconite CFR 25.32(q) that this action is of a type pellets in the relevant time period SUPPLEMENTARY INFORMATION: Please that does not individually or refer to the notice published in the (1997, 1998, and January through April cumulatively have a significant effect on Federal Register on December 15, 1994 1998 and 1999). the human environment. Therefore, (59 FR 64713) for supplementary Conclusion neither an environmental assessment information. After reconsideration, I affirm the nor an environmental impact statement Signed at Washington, DC on November 1, original notice of negative is required. 1999. determination of eligibility to apply for Dated: October 26, 1999. Irasema T. Garza, worker adjustment assistance for Alan M. Rulis, Secretary, U.S. National Administrative workers and former workers of Director, Office of Premarket Approval, Office. Thunderbird Mining, Eveleth and Center for Food Safety and Applied Nutrition. [FR Doc. 99–29263 Filed 11–8–99; 8:45 am] Forbes, Minnesota. [FR Doc. 99–29222 Filed 11–8–99; 8:45 am] BILLING CODE 4510±28±M Signed at Washington, D.C., this 11 day of BILLING CODE 4160±01±F September 1999. Grant D. Beale, DEPARTMENT OF LABOR Program Manager, Office of Trade Adjustment Assistance. DEPARTMENT OF LABOR Employment and Training [FR Doc. 99–29262 Filed 11–8–99; 8:45 am] Administration Pension and Welfare Benefits BILLING CODE 4510±30±M [TA±W±36, 202 and TA±W±36,202A] Administration
Thunderbird Mining, Eveleth, and DEPARTMENT OF HEALTH AND [Application No. D±10676, et al.] Forbes, MN; Notice of Negative HUMAN SERVICES Determination on Reconsideration Proposed Exemptions; Anvil Construction Company, Inc. On August 11, 1999, the Department Food and Drug Administration Employee's Money Purchase Pension issued an Affirmative Determination [Docket No. 99F±4694] Plan (the Money Purchase Plan), Anvil Regarding Application for Construction Co., Employee Profit Reconsideration for the workers and Rohm and Haas Co.; Filing of Food Sharing Plan (the Profit Sharing Plan), former workers of the subject firm. The Additive Petition William Andreassi, Mark Andreassi, United Steelworkers of America AGENCY: Food and Drug Administration, Michael Andreassi, and Wayne (USWA), Local Union 6860, provided HHS. Campbell new information regarding possible ACTION: Notice. customer import purchases of articles AGENCY: Pension and Welfare Benefits SUMMARY: The Food and Drug like or directly competitive with the Administration, Labor. taconite pellets produced by workers of Administration (FDA) is announcing the subject firm. The notice was that Rohm and Haas Co. has filed a ACTION: Notice of proposed exemptions. published in the Federal Register on petition proposing that the food additive August 31, 1999 (64 FR 47525). regulations be amended to provide for SUMMARY: This document contains The Department initially denied TAA the safe use of 2-methyl-4-isothiazolin- notices of pendency before the to workers of Thunderbird Mining 3-one as an antimicrobial additive for Department of Labor (the Department) of
VerDate 29-OCT-99 17:33 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\09NON1.XXX pfrm01 PsN: 09NON1 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Notices 61133 proposed exemptions from certain of the 102 of Reorganization Plan No. 4 of (d) The Accounts will pay no fees or prohibited transaction restrictions of the 1978 (43 FR 47713, October 17, 1978) commissions in connection with the Employee Retirement Income Security transferred the authority of the Secretary Sale. Act of 1974 (the Act) and/or the Internal of the Treasury to issue exemptions of Summary of Facts and Representations Revenue Code of 1986 (the Code). the type requested to the Secretary of Labor. Therefore, these notices of 1. Anvil is a company engaged in Written Comments and Hearing proposed exemption are issued solely commercial and industrial construction Requests by the Department. and is located in Philadelphia, Unless otherwise stated in the Notice The applications contain Pennsylvania. Anvil is the sponsor of of Proposed Exemption, all interested representations with regard to the the Plans. The Plans are comprised of persons are invited to submit written proposed exemptions which are the Money Purchase Plan and the Profit comments, and with respect to summarized below. Interested persons Sharing Plan, both of which are exemptions involving the fiduciary are referred to the applications on file individually-directed, defined prohibitions of section 406(b) of the Act, with the Department for a complete contribution plans. The Money requests for hearing within 45 days from statement of the facts and Purchase Plan has 5 participants and the date of publication of this Federal representations. approximately $455,846 in total assets Register Notice. Comments and requests as of March 8, 1999. The Profit Sharing for a hearing should state: (1) the name, Anvil Construction Company, Inc. Plan has 5 participants and address, and telephone number of the Employee’s Money Purchase Pension approximately $470,374 in total assets person making the comment or request, Plan (the Money Purchase Plan), Anvil as of March 8, 1999. and (2) the nature of the person’s Construction Co., Employee Profit 2. In 1988, the Plans’ participants interest in the exemption and the Sharing Plan (the Profit Sharing Plan), were given the option of investing their manner in which the person would be William Andreassi, Mark Andreassi, respective Money Purchase Plan adversely affected by the exemption. A Michael Andreassi, and Wayne Account assets and Profit Sharing request for a hearing must also state the Campbell Located in Philadelphia, Account assets in the purchase of the issues to be addressed and include a Pennsylvania; Proposed Exemption Property from USR Realty Development. USR Realty Development is a division of general description of the evidence to be [Exemption Application No. D–10676 and D– presented at the hearing. 10677] the U.S. Diversified Group of the US Steel Corporation, an unrelated party. ADDRESSES: All written comments and The Department is considering The Property is a rectangularly-shaped request for a hearing (at least three granting an exemption under the lot of unimproved real property copies) should be sent to the Pension authority of section 408(a) of the Act comprising approximately 7.4 acres and Welfare Benefits Administration, and section 4975 (c)(2) of the Code and located in Bucks County, Pennsylvania. Office of Exemption Determinations, in accordance with the procedures set The Property is situated in the USX Room N–5649, U.S. Department of forth in 29 CFR Part 2570, Subpart B (55 Industrial Park and is zoned for heavy Labor, 200 Constitution Avenue, NW, FR 32826, 32847, August 10, 1990). If industrial use. Washington, DC 20210. Attention: the exemption is granted, the Four of the Plans’ participants; Application No. stated in each Notice of restrictions of sections 406(a), 406(b)(1) William Andreassi, Mark Andreassi, Proposed Exemption. The applications and (b)(2) of the Act and the sanctions Michael Andreassi, and Wayne for exemption and the comments resulting from the application of section Campbell (collectively, the received will be available for public 4975 of the Code, by reason of section Participants); elected to have their inspection in the Public Documents 4975(c)(1)(A) through (E) of the Code, respective Money Purchase Plan Room of Pension and Welfare Benefits shall not apply to the proposed sale (the Account and Profit Sharing Account Administration, U.S. Department of Sale) of a certain parcel of unimproved (collectively, the Accounts) participate Labor, Room N–5507, 200 Constitution real property (the Property) from certain in the purchase of the Property. Avenue, NW, Washington, DC 20210. accounts (the Accounts) in the Money 3. On July 8, 1988, the Participants Purchase Plan and the Profit Sharing Notice to Interested Persons directed their respective Money Plan (collectively, the Plans) to the Purchase Plan Account and Profit Notice of the proposed exemptions Anvil Construction Company, Inc. Sharing Plan Account to purchase the will be provided to all interested (Anvil), a party in interest and Property (the Purchase). The sale of the persons in the manner agreed upon by disqualified person with respect to the Property to the Accounts was for the applicant and the Department Accounts, provided that the following $331,515. The Participants represent within 15 days of the date of publication conditions are met: that the Purchase was for investment in the Federal Register. Such notice (a) The terms and conditions of the purposes. shall include a copy of the notice of Sale will be at least as favorable to the The applicants represent that each proposed exemption as published in the Accounts as those obtainable in an Participant’s respective Money Purchase Federal Register and shall inform arm’s length transaction with an Plan Account contributed an equal interested persons of their right to unrelated party; share (the Money Purchase Plan Share) comment and to request a hearing (b) Anvil will purchase the Property to the Property’s purchase price in (where appropriate). from the Accounts for $433,531, an relation to the other Participants’ Money SUPPLEMENTARY INFORMATION: The amount comprised of the Property’s Purchase Plan Accounts. The proposed exemptions were requested in current $397,000 fair market value (the Applicants additionally represent that applications filed pursuant to section Fair Market Value) as determined by a each Participant’s respective Profit 408(a) of the Act and/or section qualified, independent appraiser plus Sharing Plan Account contributed an 4975(c)(2) of the Code, and in $36,531 which represents the excess of equal share (the Profit Sharing Plan accordance with procedures set forth in the Property’s holding costs over Share) to the Property’s purchase price 29 CFR Part 2570, Subpart B (55 FR appreciation from time of acquisition; in relation to the other Participants’ 32836, 32847, August 10, 1990). (c) The Sale will be a one-time Profit Sharing Plan Accounts. As a Effective December 31, 1978, section transaction for cash; and result, the applicants represent that,
VerDate 29-OCT-99 14:22 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\A09NO3.160 pfrm03 PsN: 09NON1 61134 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Notices after the Purchase, each Participant’s Excess Costs), or a net loss of $9,132.75 Property’s holding costs. As a result, the respective Share equaled 25%, or to each Account.1 applicants represent that the proposed approximately $82,880, of the Property’s 7. The applicants propose the Sale of Sale will enable the Accounts to recover $331,515 purchase price. the Property from the Accounts to Anvil all of the Holding Costs associated with The applicants represent that with for a price equal to the sum of the the Accounts’ ownership of the respect to the purchase each Participant Property’s Fair Market Value of Property. The applicants also represent allocated a portion of the Participant’s $397,000, as determined by a qualified, that the Sale, if granted, will provide respective Share between the independent appraiser, and the cash to the Accounts which the Participant’s respective Money Purchase Property’s Excess Costs of $36,531. As a Accounts could invest in assets Plan Account and the Participant’s result, Anvil proposes to purchase the providing a greater rate of return than respective Profit Sharing Plan Account. Property from the Accounts for that of the Property. In this regard, the applicants represent $433,531. The Applicants represent that 8. In summary, the applicant that each Participant’s Profit Sharing if the proposed transaction is granted, represent that the proposed transaction Account allocated approximately the Accounts of each Participant will satisfies the criteria of section 408(a) of $11,035 of the Share’s $82,880 value receive 25% or $108,382.75 of the the Act because: and each Participant’s Money Purchase Property’s $433,531 total sale price (a) The terms and conditions of the Plan Account allocated approximately which will include $9,123.75 for the Sale will be at least as favorable to the $71,845 of the Share’s $82,880 value. Property’s Excess Costs. The Applicants Accounts as those obtainable in an 4. The Accounts incurred certain represent that the $108,382.75 will be arm’s length transaction with an holding costs (the Holding Costs) with allocated to each Participant’s unrelated party; the Accounts’ ownership of the respective Money Purchase Plan (b) Anvil will purchase the Property Property. These Holding Costs include: Account and Profit Sharing Plan from the Accounts for $433,531, an $93,313 in real estate taxes; $1,600 in Account according to the same amount comprised of the Property’s general liability insurance; $5,987 in percentage of total assets which the current $397,000 fair market value (the acquisition fees; and $1,116 in real Property currently comprises in each Fair Market Value) as determined by a estate marketing charges. The applicants Account. As a result, the applicants qualified, independent appraiser and represent that the Property’s total represent that if the proposed the Property’s excess holding costs of Holding Costs of $102,016 were paid for transaction is granted, each Participant’s $36,531; with the assets of each Participant’s respective Money Purchase Plan (c) The Sale will be a one-time Accounts. In this regard, the applicants Account will receive approximately transaction for cash; and represent that each Participant paid an $93,953.09 and each Participant’s (d) The Accounts will pay no fees or equal amount of the Holding Costs. As respective Profit Sharing Account will commissions in connection with the a result, the Accounts of each receive approximately $14,429.66. Sale. Participant have incurred an expense The applicants represent that the Sale totaling approximately $25,504 as a is administratively feasible in that it Notice to Interested Persons result of their ownership interest in the will be a one-time transaction for cash Notice of the proposed exemption Property. and that the Accounts will pay no fees shall be given to all interested persons 5. The Property was appraised on or commissions. The applicants in the manner agreed upon by the December 9, 1998 by William Bott and additionally represent that the proposed applicant and the Department within 10 Anna Hageman (collectively, the Sale is in the best interests of the days of the date of publication in the Appraisers) for the Equity Appraisal Accounts’ Participants and beneficiaries Federal Register. Comments and Company, Inc., an appraisal company since the Property has not appreciated requests for a hearing are due thirty (30) independent of Anvil. The Appraisers, at a rate which is satisfactory to the days after publication of the Notice in both Pennsylvania certified real estate Participants. In this regard, the the Federal Register. appraisers, used the sales comparison applicants represent that the Sale, if FOR FURTHER INFORMATION CONTACT: approach in their valuation of the granted, would provide the Accounts Property and compared the Property to with cash which the Accounts could Christopher J. Motta of the Department, 5 parcels of land located near the invest in assets providing a greater rate telephone (202) 219–8883 (this is not a Property and the subject of recent sales. of return than that of the Property. The toll free number). Based on these comparisons, the applicants represent further that the Cassano’s Inc. 401(k) Plan and Trust Appraisers determined the Fair Market abundance of available undeveloped (the Plan) Located in Dayton, Ohio, Value of the Property, as of December 9, real property similar to the Property has Proposed Exemption 1998, to be $397,000. reduced the ability of the Accounts’ to [Exemption Application Number D–10734] 6. The applicants represent that the sell the Property to unrelated third Property’s Holding Costs exceed the parties. The Department is considering Property’s net appreciation (the Net The applicants additionally represent granting an exemption under the Appreciation). In this regard, the that the proposed transaction is authority of section 408(a) of the Act applicants represent that the Property’s protective of the Accounts’ participants and section 4975(c)(2) of the Code, and acquisition price of $331,515 and the and beneficiaries since the Sale, if in accordance with the procedures set Property’s Fair Market Value of granted, will provide the Accounts with forth in 29 CFR Part 2570, Subpart B (55 $397,000 results in a Net Appreciation a cash amount equal to the sum of the FR 32836, August 10, 1990). If the totaling $65,485. The applicants Property’s acquisition price and the proposed exemption is granted, the represent that this Net Appreciation of restrictions of sections 406(a), 406(b)(1) $65,485 is less than the Property’s 1 The Department notes that the decision to invest and (b)(2) of the Act and the sanctions Holding Costs of $102,016. As a result, in the Property is governed by the fiduciary resulting from the application of section the applicants represent that any sale of responsibility requirements of Part 4, Subtitle B, 4975 of the Code, by reason of section Title I of the Act. In this regard, the Department is the Property for a price equal to the not proposing relief for any violations of Part 4 4975(c)(1)(A) through (E) of the Code, Appraised Value will result in a net loss which may have arisen as a result of the acquisition shall not apply to the sale (the Sale) of to the Accounts totaling $36,531 (the and holding of the Property. an improved parcel of real property (the
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Property) by the Plan to Cassano’s, Inc. with the Plan. PTE 84–114 authorized: total of approximately $559,250 in (Cassano’s), a party in interest and (1) A new leasing agreement between rental income for the Plan. disqualified person with respect to the Cassano’s and the Plan (the Second 6. The applicant proposes the sale of Plan, provided that the following Lease) provided that certain conditions the Property to Cassano’s (i.e., the Sale) conditions are met: were met; and (2) an option held by for the greater of $155,500 or the fair (a) The Sale is a one-time transaction Cassano’s for the sale of the Property to market value of the Property as of the for cash; Cassano’s provided that certain date of the Sale.4 The Sale would allow (b) The terms and conditions of the conditions were met. the Plan to recover the original Sale are at least as favorable to the Plan The applicant represents that, acquisition cost to the Plan of the as those obtainable in an arm’s length between December, 1994 and March, Property. The applicant represents that transaction with an unrelated party; 1995, Cassano’s missed four rent the proposed transaction is feasible (c) The Plan receives the greater of payments due under the Second Lease.3 since it involves a one-time transaction $155,500 or the fair market value of the As a result, the exemptive relief for cash. Furthermore, the applicant Property as of the date of the Sale; provided to Cassano’s through PTE 84– represents that the proposed transaction (d) The Plan is not required to pay 114 was no longer available. Despite is protective of the rights of participants any commissions, costs or other this, Cassano’s continued to lease the and beneficiaries since the Sale would expenses in connection with the Sale; Property from the Plan and thus enable the trustees of the Plan to and engaged in a transaction which violated diversify the Plan’s assets. Finally, the (e) Cassano’s files Form 5330 with the section 406 of the Act. The applicant applicant represents that the proposed Internal Revenue Service (the Service) estimates that the continuation of the transaction is in the best interests of the and pays certain excise taxes with Second Lease without the exemptive Plan and its participants and respect to the past prohibited leasing of relief provided for by PTE 84–114 has beneficiaries since the Sale will ensure the Property within 90 days of the date resulted in approximately $1,662 in that the Plan receives for the Property a that a notice granting this proposed excise taxes (the Excise Taxes) due price not less than the price the Plan exemption is published in the Federal under section 4975 of the Code. In this paid to acquire the Property. As a result, Register. regard, the applicant represents that the applicant represents that the terms of the proposed sale guarantee that the Summary of Facts and Representations Cassano’s will correct its violation of PTE 84–114 by paying the Excise Taxes, Plan will recover the Property’s full 1. The Plan is a profit sharing plan after filing Form 5330 with the Service, acquisition price. located in Dayton, Ohio. The Plan had within 90 days of the date that a notice 7. In summary, the applicant approximately 75 participants and granting this proposed exemption is represents that the proposed transaction $450,621.83 in assets as of September published in the Federal Register. satisfies the statutory criteria for an 30, 1998. The Plan is sponsored by 4. The applicant now proposes to exemption under section 408(a) of the Cassano’s, a pizza company having its purchase the Property from the Plan. Act and section 4975(c)(2) of the Code principal place of business located in The Property was appraised by Chester because: (a) The Sale is a one-time transaction Dayton, Ohio. A. Brewer (Mr. Brewer) and Timothy N. for cash; 2. The assets of the Plan include the Dunham (Mr. Dunham; collectively, the Property which was acquired by the (b) The terms and conditions of the Appraisers) of the Dunham Company, a Sale are at least as favorable to the Plan Plan for $155,500 in 1973. The Property real estate appraisal company located in is located at 2418 East Third Street, as those obtainable in an arm’s length Dayton, Ohio. The Appraisers represent transaction with an unrelated party; Dayton, Ohio and is comprised of four that they are certified in the State of contiguous lots totaling 22,438 square (c) The Plan receives the greater of Ohio and are independent of the Plan $155,500 or the fair market value of the feet and improved by two buildings. and Cassano’s. The Appraisers used the One of these buildings is a one-story Property as of the date of the Sale; sales comparison approach and (d) The Plan is not required to pay restaurant having 2,640 square feet in compared the Property to three rentable space and occupying two of the any commissions, costs or other properties similar to the Property and expenses in connection with the Sale; lots. The other building is a storage the subject of recent sales. The facility occupying the rear portion of the and Appraisers represent that, based on (e) Cassano’s files Form 5330 with the remaining two lots. The balance of the these comparisons, the fair market value Property is comprised of a paved Service and pays certain excise taxes of the Property was $132,000 as of July with respect to the past prohibited parking lot and a small grass-covered 29, 1999. plot fronting the restaurant. The leasing of the Property within 90 days 5. The applicant represents that the of the date that a notice granting this Property currently comprises Plan has incurred certain costs and has approximately 29.3% of the assets of the proposed exemption is published in the received certain income due to the Federal Register. Plan. Plan’s ownership of the Property. In this 3. The applicant represents that, on regard, the applicant represents that, Notice to Interested Persons June 15, 1973, Cassano’s leased the since its acquisition by the Plan, the Notice of the proposed exemption Property from the Plan (the First Lease). Property has been assessed a total of shall be given to all interested persons The applicant represents that the First approximately $100,000 in real estate in the manner agreed upon by the Lease was entered into pursuant to 2 taxes. Additionally, the applicants applicant and the Department within 10 section 414(c)(2) of the Act. On August represent that, since its acquisition by days of the date of publication in the 10, 1984, Cassano’s received an the Plan, the Property has generated a Federal Register. Comments and individual exemption, PTE 84–114, 49 requests for a hearing are due thirty (30) FR 32132 (Aug. 10, 1984) (PTE 84–114) 3 The applicant represents that Cassano’s filed for to enter into a new leasing arrangement Chapter 11 bankruptcy protection in 1995. The 4 The applicant represents that any payment by applicant represents that the rent delinquency Cassano’s to the Plan which is in excess of the 2 The Department is expressing no opinion herein (ultimately totaling $7,669.36), has been repaid by Property’s fair market value will not exceed the as to the application of section 414(c)(2) of the Act Cassano’s to the Plan pursuant to Cassano’s U.S. limitations set forth in section 415 of the Internal to this transaction. Bankruptcy Court-approved plan of reorganization. Revenue Code.
VerDate 29-OCT-99 14:22 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\A09NO3.163 pfrm03 PsN: 09NON1 61136 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Notices days after publication of the Notice in Signed at Washington, DC, this 4th day of Statutory Findings November, 1999. the Federal Register. In accordance with section 408(a) of Ivan Strasfeld, FOR FURTHER INFORMATION CONTACT: Mr. the Act and/or section 4975(c)(2) of the Christopher Motta, telephone (202) 219– Director of Exemption Determinations, Code and the procedures set forth in 29 8881. (This is not a toll-free number.) Pension and Welfare Benefits Administration, Department of Labor. CFR Part 2570, Subpart B (55 FR 32836, 32847, August 10, 1990) and based upon General Information [FR Doc. 99–29267 Filed 11–8–99; 8:45 am] the entire record, the Department makes The attention of interested persons is BILLING CODE 4510±29±P the following findings: directed to the following: (1) The fact that a transaction is the (a) The exemptions are subject of an exemption under section DEPARTMENT OF LABOR administratively feasible; 408(a) of the Act and/or section (b) They are in the interests of the 4975(c)(2) of the Code does not relieve Pension and Welfare Benefits plans and their participants and a fiduciary or other party in interest of Administration beneficiaries; and disqualified person from certain other (c) They are protective of the rights of provisions of the Act and/or the Code, [Prohibited Transaction Exemption 99±44; the participants and beneficiaries of the including any prohibited transaction Exemption Application No. D±10257, et al.] plans. provisions to which the exemption does Pacific Life Corporation (Pacific Life) not apply and the general fiduciary Grant of Individual Exemptions; Pacific Located in Newport Beach, California; responsibility provisions of section 404 Life Corporation (Pacific Life), et al. Exemption of the Act, which among other things require a fiduciary to discharge his AGENCY: Pension and Welfare Benefits [Prohibited Transaction Exemption 99–44; duties respecting the plan solely in the Administration, Labor. Exemption Application No. D–10257] interest of the participants and ACTION: Grant of individual exemptions. Section I—Transactions beneficiaries of the plan and in a (a) The restrictions of sections 406(a), prudent fashion in accordance with SUMMARY: This document contains 406(b)(1) and (b)(2) of the Act and the section 404(a)(1)(b) of the act; nor does exemptions issued by the Department of taxes imposed by section 4975(a) and (b) it affect the requirement of section Labor (the Department) from certain of of the Code, by reason of section 401(a) of the Code that the plan must the prohibited transaction restrictions of operate for the exclusive benefit of the 4975(c)(1)(A) through (E) of the Code, the Employee Retirement Income shall not apply: employees of the employer maintaining Security Act of 1974 (the Act) and/or the plan and their beneficiaries; (1) For the period from January 22, the Internal Revenue Code of 1986 (the 1993 until October 31, 1998, to the sale (2) Before an exemption may be Code). granted under section 408(a) of the Act by Pacific Life of an ‘‘actively-managed Notices were published in the Federal and/or section 4975(c)(2) of the Code, synthetic’’ guaranteed investment Register of the pendency before the the Department must find that the contract (Actively-Managed Synthetic Department of proposals to grant such exemption is administratively feasible, GIC) to an employee benefit plan for exemptions. The notices set forth a in the interests of the plan and of its which Pacific Life was a party in summary of facts and representations participants and beneficiaries and interest with respect to such plan (Plan) contained in each application for protective of the rights of participants in instances where Pacific Life or an and beneficiaries of the plan; exemption and referred interested Affiliate manages the Plan’s assets (3) The proposed exemptions, if persons to the respective applications relating to the Synthetic GIC (an granted, will be supplemental to, and for a complete statement of the facts and Affiliated-Manager GIC); and not in derogation of, any other representations. The applications have (2) As of January 22, 1993, to the provisions of the Act and/or the Code, been available for public inspection at purchase or retention of the Affiliated- including statutory or administrative the Department in Washington, DC. The Manager GICs, described in section exemptions and transitional rules. notices also invited interested persons (a)(1) above, by the Plans and the Furthermore, the fact that a transaction to submit comments on the requested payments made by Pacific Life to the is subject to an administrative or exemptions to the Department. In Plans pursuant to the terms and statutory exemption is not dispositive of addition the notices stated that any conditions of the Affiliated-Manager whether the transaction is in fact a interested person might submit a GICs, provided that the general prohibited transaction; and written request that a public hearing be conditions set forth in section II, the (4) The proposed exemptions, if held (where appropriate). The specific conditions set forth in section granted, will be subject to the express applicants have represented that they III, the retroactive conditions set forth in condition that the material facts and have complied with the requirements of section IV, and the record-keeping representations contained in each the notification to interested persons. requirements set forth in section V application are true and complete and No public comments and no requests for below are met. accurately describe all material terms of a hearing, unless otherwise stated, were (b) The restrictions of sections 406(a) the transaction which is the subject of received by the Department. of the Act and the taxes imposed by the exemption. In the case of continuing The notices of proposed exemption section 4975(a) and (b) of the Code, by exemption transactions, if any of the were issued and the exemptions are reason of section 4975(c)(1)(A) through material facts or representations being granted solely by the Department (D) of the Code, shall not apply: described in the application change because, effective December 31, 1978, (1) As of January 22, 1993, to the sale after the exemption is granted, the section 102 of Reorganization Plan No. by Pacific Life of an Actively-Managed exemption will cease to apply as of the 4 of 1978 (43 FR 47713, October 17, Synthetic GIC to a Plan in instances date of such change. In the event of any 1978) transferred the authority of the where the Plan’s assets relating to the such change, application for a new Secretary of the Treasury to issue Actively-Managed Synthetic GIC are exemption may be made to the exemptions of the type proposed to the managed by an investment manager Department. Secretary of Labor. who is unaffiliated with Pacific Life and
VerDate 29-OCT-99 14:22 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\A09NO3.165 pfrm03 PsN: 09NON1 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Notices 61137 its Affiliates (an Unaffiliated-Manager (three) years after making an election examination as required by paragraph GIC); and which will establish a maturity date; (b) below. (2) As of January 22, 1993, to the (k) The Plan may establish a maturity (b)(1) Notwithstanding anything to the purchase or retention of the date by notifying Pacific Life in writing contrary in subsections (a)(2) and (b) of Unaffiliated-Manager GICs, described in of an intent to establish a maturity date. section 504 of the Act, the records section (b)(1) above, by the Plans and Each Actively-Managed Synthetic GIC referred to in paragraph (a) of this the payments made by Pacific Life to the will mature within three (3) years after section V are unconditionally available Plans pursuant to the terms and the Plan notifies Pacific Life of its intent at their customary location for conditions of the Unaffiliated-Manager to establish a maturity date; and examination during normal business GICs, provided that the general (l) Actively-Managed Synthetic GICs hours by: (i) any duly authorized conditions set forth in section II and the are sold only to Plans which have at employee or representative of the record-keeping requirements set forth in least $25 million in assets. Department of Labor or the Internal section V below are met. Section III—Specific Conditions Revenue Service; (ii) any fiduciary of the plan or any duly authorized Section II—General Conditions (a) With respect to any Affiliated- employee or representative of such Manager GIC described in section I(a), (a) Prior to the sale of an Actively- fiduciary; (iii) any participant or Pacific Life will notify a Plan’s Managed Synthetic GIC, an independent beneficiary of the plan or duly independent fiduciary, in writing no fiduciary of each Plan receives a full authorized representative of such later than 30 days prior to the date on and detailed written disclosure of all participant or beneficiary; (iv) any material features of the Actively- which the Credited Rate is to be reset, advising such fiduciary that the Plan employer of plan participants and Managed Synthetic GIC, including all beneficiaries; and (v) any employee applicable fees and charges; may replace Pacific Life or its affiliate as investment manager, 1 at no expense organization any of whose members are (b) Following receipt of such covered by such plan; and disclosure, the Plan’s independent to the Plan, when the Credited Rate with respect to any Affiliated-Manager GIC (2) None of the persons described in fiduciary approves in writing the paragraph (b)(1)(ii) through (v) shall be purchase of the Actively-Managed described in section I(a) is expected to be less than three (3) percent at the next authorized to examine trade secrets of Synthetic GIC on behalf of the Plan; the applicant, or commercial or (c) All fees and charges imposed reset of the Credited Rate. financial information which is under any such Actively-Managed Section IV—Retroactive Conditions privileged or confidential. Synthetic GIC are not in excess of reasonable compensation within the (a) At no time between January 22, Section VI—Definitions 1993 and October 31, 1998, was the meaning of section 408(b)(2) of the Act; For purposes of this exemption: (d) Each Actively-Managed Synthetic Credited Rate with respect to any (A) ‘‘Actively-Managed Synthetic GIC will specifically provide an Affiliated-Manager GIC described in GIC’’ means: a synthetic guaranteed objective means of determining the fair section I(a) less than 3% (three percent) investment contact, which under certain market value of the securities owned by per annum; and (b) At no time between January 22, circumstances provides a guarantee that the Plan pursuant to the Actively- 1993 and October 31, 1998, did a Plan a pool of underlying plan assets which Managed Synthetic GIC; (e) Each Actively-Managed Synthetic elect to receive an amount equal to the may be managed by Pacific Life, an GIC will specifically provide an Contract Value Record pursuant to an affiliate of Pacific Life, or an unrelated objective formula for determining the Affiliated-Manager GIC described in investment manager, will perform at a interest rates to be credited periodically section I(a). specified rate of return. under the Actively-Managed Synthetic Section V—Recordkeeping (B) ‘‘Affiliated-Manager GIC’’ means: an Actively-Managed Synthetic GIC GIC; (a) The Applicant maintains or causes (f) Pacific Life does not maintain under which Pacific Life guarantees the to be maintained for a period of six performance of an related investment custody of the assets which are the years from the date of the transaction subject of the Actively-Managed manager. such records as are necessary to enable (C) ‘‘Unaffiliated-Manager GIC’’ Synthetic GIC or commingle those assets the persons described in paragraph (b) with any other funds under its means: an Actively-Managed Synthetic of this section V of this exemption, to GIC under which Pacific Life guarantees management; determine whether the conditions of (g) The assets subject to the Actively- the performance of an unrelated this exemption have been met, except Managed Synthetic GIC are invested in investment manager. that: (1) a prohibited transaction will high quality fixed income investments (D) ‘‘Contract Value Record’’ means: a not be deemed to have occurred if, due specified in the investment guidelines bookkeeping account maintained by to circumstances beyond the control of agreed to, or provided by, the Pacific Life, pursuant to each Actively- the Applicant or its affiliates, such independent fiduciary; Managed Synthetic GIC. Initially, the records are lost or destroyed prior to the (h) The Plan may, at any time, Contract Value Record will be credited end of such six year period; and (2) no terminate the Actively-Managed with the value of the Investment Assets party in interest, other than the Synthetic GIC; (defined in (F) below), and subsequently (i) The fee charged under the Applicant or an affiliate, shall be subject with a credited rate of interest (Credited arrangement is negotiated between to the civil penalty that may be accessed Rate, defined in (E) below), which shall Pacific Life and a Plan fiduciary under section 502(i) of the Act, or to the be reset periodically as agreed to at the independent of Pacific Life; taxes imposed by section 4975(a) and (b) inception of the Actively-Managed (j) At all times during the term of each of the Code, if the records are not Synthetic GIC. Actively-Managed Synthetic GIC, a Plan maintained, or are not available for (E) ‘‘Credited Rate’’ means: the may elect to receive such lump sum interest rate credited to the Contract 1 Although Pacific Life must approve the new amount equal to the Contract Value investment manager selected by the Plan, Pacific Value Record. The Credited Rate is reset Record and shall be entitled to receive Life represents that it will not unreasonably periodically, in accordance with an a lump sum payment no more than 3 withhold such approval. objective formula established under the
VerDate 29-OCT-99 14:22 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\A09NO3.100 pfrm03 PsN: 09NON1 61138 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Notices terms of the Actively-Managed Section I(a)(1) and Section IV(a) and (b) telephone (202) 219–8883. (This is not Synthetic GIC. of the exemption, as well as the effective a toll-free number.) (F) ‘‘Investment Assets’’ means: the date paragraph at the end of the Donaldson, Lufkin & Jenrette Securities underlying portfolio of investment operative language of the exemption, by Corporation (DLJ) Located in New assets, title to which remains with the substituting October 31, 1998 for August York, NY; Exemption Plan. 12, 1998. (G) ‘‘Managed Portfolio’’ means: the With respect to the second issue, [Prohibited Transaction Exemption (PTE) 99– total of all Investment Assets which Section II(g) of the Notice requires that 45; Application No. D–10772] comprise the portfolio which is the assets subject to the Actively- Section I. Covered Transactions managed by either an Affiliated- Managed Synthetic GIC (i.e., Investment A. The restrictions of section Manager or an Unaffiliated-Manager. Assets) must be invested only in high 406(a)(1))(A) through (D) of the Act and (H) ‘‘Withdrawals’’ means: a quality fixed income investments the sanctions resulting from the participant initiated payment or transfer specified in the investment guidelines application of section 4975 of the Code, to other investment options available agreed to, or provided by, the by reason of section 4975(c)(1)(A) under the Plan. independent fiduciary. The summary of through (D) of the Code, shall not apply, EFFECTIVE DATE: This exemption is facts and representations (the Summary) effective September 24, 1999, to any effective for the period from January 22, contained in the Notice also states that purchase or sale of a security between 1993, until October 31, 1998, for the the Investment Assets will be invested certain affiliates of DLJ which are transactions described in section I(a)(1). in securities issued or guaranteed by the foreign broker-dealers (the Foreign Section I(a)(2) of the exemption will be Federal government, or an Affiliates, as defined below) and effective for the retention by the Plan of instrumentality thereof, or other employee benefit plans (the Plans) with the Affiliated-Manager GICs until the investment grade debt securities whose respect to which the Foreign Affiliates maturity date of such GICs. Lastly, the value is readily determinable and which are parties in interest, including options exemption is effective as of January 22, can thus be objectively valued (e.g., see written by a Plan, DLJ or a Foreign 1993, for the transactions described in Paragraph 8 of the Summary, 64 FR at Affiliate provided that the following section I(b) (including the continuing 39535). conditions and the General Conditions retention of any Unaffiliated-Manager The applicant’s comments state that GICs). of Section II, are satisfied: certain Plans have requested that a (1) The Foreign Affiliate customarily For a more complete statement of the portion of the Investment Assets be facts and representations supporting the purchases and sells securities for its allocated to non-investment grade own account in the ordinary course of Department’s decision to grant this securities in order to enhance the rate of exemption, refer to the notice of its business as a broker-dealer; return to such Plans, pursuant to certain proposed exemption published on July (2) The terms of any transaction are at investment guidelines established by 22, 1999, at 64 FR 39533. least as favorable to the Plan as those Written Comments: One written independent Plan fiduciaries. However, which the Plan could obtain in a comment, addressing two issues, was the applicant represents that at least comparable arm’s length transaction received from the applicant, Pacific Life, 90% of the Investment Assets will be with an unrelated party; and regarding the notice of proposed allocated to investment grade securities (3) Neither the Foreign Affiliate nor exemption (the Notice). at all times. Thus, for purposes of this an affiliate thereof has discretionary With respect to the first issue, the exemption, Pacific Life wishes to clarify authority or control with respect to the applicant states that the relief provided that while the Investment Assets will be investment of the Plan assets involved for in the operative language of the primarily allocated to investment grade in the transaction, or renders investment Notice regarding ‘‘synthetic’’ guaranteed securities, a small percentage of such advice (within the meaning of 29 CFR investment contracts that are actively- Assets may be non-investment grade 2510.3–21(c)) with respect to those managed by Pacific Life or an Affiliate securities. assets, and the Foreign Affiliate is a (i.e., Affiliated-Manager GICs) is The Department acknowledges the party in interest or disqualified person effective only for contracts sold on or applicant’s clarification to the with respect to the Plan assets involved before August 12, 1998. The applicant information and representations in the transaction solely by reason of represents that this date was established contained in the Summary regarding section 3(14)(B) of the Act or section based on the belief that no existing investment grade securities. In this 4975(e)(2)(B) of the Code, or by reason Affiliated-Manager GICs had been regard, the Department notes that the of a relationship to a person described entered into after that date. After the requirements of Section II(g) of the in such sections. For purposes of this Notice was published in the Federal exemption, relating to the need for paragraph, the Foreign Affiliate shall Register on July 22, 1998, the applicant ‘‘* * * high quality fixed income not be deemed to be a fiduciary with discovered that one Plan client, which investments,’’ will be deemed to be met respect to Plan assets solely by reason had previously held a traditional GIC if at least 90% of the Investment Assets of providing securities custodial issued by Pacific Life, requested are allocated at all times to investment services for a Plan. conversion of that GIC contract to an grade securities. Further, in response to B. The restrictions of sections Affiliated-Manager GIC prior to August the applicant’s comment, the 406(a)(1)(A) through (D) and 406(b)(2) of 12, 1998, but the parties did not actually Department has modified the language the Act and the sanctions resulting from execute this Affiliated-Manager GIC of Section II(g) of the exemption by the application of section 4975 of the until October 1998. Therefore, Pacific deleting the word ‘‘only’’ from the Code, by reason of section 4975(c)(1)(A) Life requests that references in the phrase referring to high quality fixed through (D) of the Code, shall not apply, Notice to August 12, 1998 be changed to income investments. effective September 24, 1999, to any October 31, 1998 in order to Accordingly, the Department has extension of credit to the Plans by the accommodate the execution of this determined to grant the exemption as Foreign Affiliates to permit the Affiliated-Manager GIC. modified herein. settlement of securities transactions, In response to the applicant’s FOR FURTHER INFORMATION CONTACT: regardless of whether they are effected comment, the Department has modified Janet Schmidt of the Department, on an agency or a principal basis, or in
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In the the equivalent thereof in the event of interest or other consideration is latter case, the Plan may pay a loan reorganization, recapitalization or received by the Foreign Affiliate or an rebate or similar fee to the Foreign merger of the issuer of the borrowed affiliate thereof, in connection with Affiliate, if such fee is not greater than securities) to the Plan within (a) the such extension of credit; and the Plan would pay an unrelated party customary delivery period for such (2) Any extension of credit would be in a comparable arm’s length transaction securities, (b) five business days, or (c) lawful under the Securities Exchange with an unrelated party; the time negotiated for such delivery by Act of 1934 (the 1934 Act) and any rules (6) The Plan receives at least the the Plan and the Foreign Affiliate, or regulations thereunder if such Act, equivalent of all distributions on the whichever is least, or, alternatively such rules or regulations were applicable. borrowed securities made during the period as permitted by Prohibited C. The restrictions of section term of the loan, including, but not Transaction Class Exemption (PTCE) 406(a)(1)(A) through (D) of the Act and limited to, cash dividends, interest 81–6 (46 FR 7527, January 23, 1981, as the sanctions resulting from the payments, shares of stock as a result of amended at 52 FR 18754, May 19, 1987), application of section 4975 of the Code, stock splits and rights to purchase as it may be amended or superseded.3 by reason of section 4975(c)(1)(A) additional securities that the Plan (10) In the event that the loan is through (D) of the Code, shall not apply, would have received (net of tax terminated and the Foreign Affiliate effective September 24, 1999, to the withholdings) 2 had it remained the fails to return the borrowed securities or lending of securities to the Foreign record owner of such securities. the equivalent thereof within the time Affiliates by the Plans, provided that the (7) If the market value of the collateral described in paragraph (9), the Plan may following conditions and the General as of the close of trading on a business purchase securities identical to the Conditions of Section II are satisfied: day falls below 100 percent of the borrowed securities (or their equivalent (1) Neither the Foreign Affiliate nor market value of the borrowed securities as described above) and may apply the an affiliate thereof has discretionary as of the close of trading on that day, the collateral to the payment of the authority or control with respect to the Foreign Affiliate delivers additional purchase price, any other obligations of investment of Plan assets involved in collateral, by the close of the Plan’s the Foreign Affiliate under the Loan the transaction, or renders investment business on the following business day, Agreement, and any expenses associated advice (within the meaning of 29 CFR to bring the level of the collateral back with the sale and/or purchase. The 2510.3–21(c)) with respect to those to at least 100 percent. However, if the Foreign Affiliate is obligated to pay, assets; market value of the collateral exceeds under the terms of the Loan Agreement, (2) The Plan receives from the Foreign 100 percent of the market value of the Affiliate (by physical delivery or by and does pay, to the Plan, the amount borrowed securities, the Foreign of any remaining obligations and book entry in a securities depository, Affiliate may require the Plan to return wire transfer, or similar means) by the expenses not covered by the collateral, part of the collateral to reduce the level plus interest at a reasonable rate. close of business on the day on which of the collateral to 100 percent; the loaned securities are delivered to the Notwithstanding the foregoing, the (8) Before entering into a Loan Foreign Affiliate may, in the event it Foreign Affiliate, collateral consisting of Agreement, the Foreign Affiliate cash, securities issued or guaranteed by fails to return borrowed securities as furnishes to the independent Plan described above, replace non-cash the U.S. Government or its agencies or fiduciary (a) the most recent available instrumentalities, or irrevocable U.S. collateral with an amount of cash not audited statement of the Foreign less than the then current market value bank letters of credit issued by persons Affiliate’s financial condition, (b) the other than the Foreign Affiliate or an of the collateral, provided that such most recent available unaudited replacement is approved by the affiliate of the Foreign Affiliate, or any statement of its financial condition (if combination thereof. All collateral shall independent Plan fiduciary; and more recent than the audited statement), (11) The independent Plan fiduciary be in U.S. dollars, or dollar- and (c) a representation that, at the time maintains the situs of the Loan denominated securities or bank letters the loan is negotiated, there has been no Agreement in accordance with the of credit, and shall be held in the United material adverse change in its financial indicia of ownership requirements States; condition that has not been disclosed under section 404(b) of the Act and the (3) The collateral has, as of the close since the date of the most recent of business on the preceding business regulations promulgated under 29 CFR financial statement furnished to the 2550.404b–1. However, in the event that day, a market value equal to at least 100 independent Plan fiduciary. Such percent of the then market value of the the independent Plan fiduciary does not representation may be made by the maintain the situs of the Loan loaned securities (or, in the case of Foreign Affiliate’s agreeing that each letters of credit, a stated amount equal Agreement in accordance with the loan of securities shall constitute a indicia of ownership requirements of to same); representation that there has been no (4) The loan is made pursuant to a section 404(b) of the Act, the Foreign such material adverse change; written loan agreement (the Loan 3 PTCE 81–6 provides an exemption under certain Agreement), which may be in the form 2 The Department notes the applicant’s conditions from section 406(a)(1)(A) through (D) of of a master agreement covering a series representation that dividends and other the Act and the corresponding provisions of section of securities lending transactions, and distributions on foreign securities payable to a 4975(c) of the Code for the lending of securities that which contains terms at least as lending Plan may be subject to foreign tax are assets of an employee benefit plan to a U.S. withholdings and that the Foreign Affiliate will broker-dealer registered under the 1934 Act (or favorable to the Plan as those the Plan always put the Plan back in at least as good a exempted from registration under the 1934 Act as could obtain in an arm’s length position as it would have been in had it not lent a dealer in exempt Government securities, as transaction with an unrelated party; the securities. defined therein).
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Affiliate shall not be subject to the civil of the Act, the Foreign Affiliate makes term ‘‘security’’ does not include swap penalty which may be assessed under the records referred to above in agreements or other notional principal section 502(i) of the Act, or the taxes paragraph D., unconditionally available contracts. imposed by section 4975(a) and (b) of for examination during normal business EFFECTIVE DATE: This exemption is the Code. hours at their customary location to the effective as of September 24, 1999. If the Foreign Affiliate fails to comply following persons or an authorized For a more complete statement of the with any condition of this exemption in representative thereof: facts and representations supporting the course of engaging in a securities (1) The Department, the Internal this exemption, refer to notice of lending transaction, the Plan fiduciary Revenue Service or the SEC; proposed exemption (the Notice) which caused the Plan to engage in such (2) Any fiduciary of a Plan; published on September 24, 1999 at 64 transaction shall not be deemed to have (3) Any contributing employer to a FR 51797. caused the Plan to engage in a Plan; transaction prohibited by section (4) Any employee organization any of Written Comments 406(a)(1)(A) through (D) of the Act whose members are covered by a Plan; The Department received one written solely by reason of the Foreign and comment with respect to the Notice and Affiliate’s failure to comply with the (5) Any participant or beneficiary of a no requests for a public hearing. The conditions of the exemption. Plan. comment, which was submitted by DLJ, However, none of the persons Section II. General Conditions requested that the exemption be made described above in paragraphs (2)–(5) of retroactive to September 24, 1999, the A. The Foreign Affiliate is a registered this paragraph E. shall be authorized to date the Notice was published in the broker-dealer subject to regulation by a examine trade secrets of the Foreign Federal Register, to ensure that any governmental agency, as described in Affiliate, or any commercial or financial transactions entered into on or after the Section III. B., and is in compliance information which is privileged or publication date of the Notice by Plans with all applicable rules and regulations confidential. and the Foreign Affiliates would be thereof in connection with any F. Prior to any Plan’s approval of any covered by the requested exemption. In transactions covered by this exemption; transaction with a Foreign Affiliate, the response to this comment, the B. The Foreign Affiliate, in Plan is provided copies of the proposed Department has made the exemption connection with any transactions and final exemption with respect to the effective as of September 24, 1999. covered by this exemption, is in exemptive relief granted herein. For further information regarding compliance with the requirements of DLJ’s comment or other matters Rule 15a–6 (17 CFR 240.15a–6) of the Section III. Definitions discussed herein, interested persons are 1934 Act, and Securities and Exchange For purposes of this exemption, encouraged to obtain copies of the Commission interpretations thereof, A. The term ‘‘DLJ’’ as referred to in exemption application file (Exemption providing for foreign affiliates a limited Parts A., B., and C. of Section I., means Application No. D–10772) the exemption from U.S. broker-dealer Donaldson, Lufkin & Jenrette Securities Department is maintaining in this case. registration requirements. Corporation. C. Prior to the transaction, the Foreign B. The term ‘‘affiliate’’ of another The complete application file, as well as Affiliate enters into a written agreement person shall include: all supplemental submissions received with the Plan in which the Foreign (1) Any person directly or indirectly, by the Department, are made available Affiliate consents to the jurisdiction of through one or more intermediaries, for public inspection in the Public the courts of the United States for any controlling, controlled by, or under Documents Room of the Pension and civil action or proceeding brought in common control with such other Welfare Benefits Administration, Room respect of the subject transactions. person; N–5638, U.S. Department of Labor, 200 D. The Foreign Affiliate maintains, or (2) Any officer, director, or partner, Constitution Avenue, N.W., causes to be maintained, within the employee or relative (as defined in Washington, D.C. 20210. United States for a period of six years section 3(15) of the Act) of such other Accordingly, after giving full from the date of any transaction such person; and consideration to the entire record, records as are necessary to enable the (3) Any corporation or partnership of including the written comment persons described in paragraph E. to which such other person is an officer, provided by the DLJ, the Department determine whether the conditions of director or partner. (For purposes of this has made the aforementioned change to this exemption have been met except definition, the term ‘‘control’’ means the the Notice and has decided to grant the that— power to exercise a controlling exemption subject to the modification (1) A party in interest with respect to influence over the management or described above. a Plan, other than the Foreign Affiliate, policies of a person other than an FOR FURTHER INFORMATION CONTACT: Ms. shall not be subject to a civil penalty individual.) Jan D. Broady of the Department, under section 502(i) of the Act or the C. The term ‘‘Foreign Affiliate,’’ shall telephone (202) 219–8881. (This is not taxes imposed by section 4975(a) or (b) mean a current or future affiliate of DLJ a toll-free number.) that is subject to regulation as a broker- of the Code, if such records are not General Information maintained, or are not available for dealer by— examination, as required by paragraph (1) The Securities and Futures The attention of interested persons is E.; and Authority, in the United Kingdom; or directed to the following: (2) A prohibited transaction shall not (2) The Australian Securities & (1) The fact that a transaction is the be deemed to have occurred if, due to Investments Commission in Australia. subject of an exemption under section circumstances beyond the control of the C. The term ‘‘security’’ shall include 408(a) of the Act and/or section Foreign Affiliate, such records are lost equities, fixed income securities, 4975(c)(2) of the Code does not relieve or destroyed prior to the end of such six options on equity and on fixed income a fiduciary or other party in interest or year period; securities, government obligations, and disqualified person from certain other E. Notwithstanding the provisions of any other instrument that constitutes a provisions to which the exemptions subsections (a)(2) and (b) of section 504 security under U.S. securities laws. The does not apply and the general fiduciary
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The number of annual of 401(a) of the Code that the plan must NSB Member Proposal respondents: 231. operate for the exclusive benefit of the Personnel 6. The number of hours needed employees of the employer maintaining Closed Session (1 p.m.–2 p.m.) annually to complete the requirement or request: 25,937 (approximately 19,840 the plan and their beneficiaries; Awards and Agreements (2) These exemptions are FY 2001 Budget hours of reporting burden and supplemental to and not in derogation approximately 6,097 hours of record- of, any other provisions of the Act and/ Open Session (2 p.m.–6 p.m.) keeping burden). or the Code, including statutory or Minutes, July 1999 7. Abstract: 10 CFR part 55, administrative exemptions and Closed Session Items for February 2000 ‘‘Operators’ Licenses,’’ of the NRC’s transactional rules. Furthermore, the Chair’s Report Director’s Report regulations, specifies information and fact that a transaction is subject to an Committee Reports data to be provided by applicants and administrative or statutory exemption is NSB Delegation of Authority facility licensees so that the NRC may not dispositive of whether the NSF Strategic Plan make determinations concerning the transaction is in fact a prohibited NSB/EHR Workplan licensing and requalification of transaction; and NSB Interim Report on the Environment operators for nuclear reactors, as (3) The availability of these International Task Force Status Report necessary to promote public health and exemptions is subject to the express Science & Engineering Indicators safety. The reporting and record-keeping condition that the material facts and Committee on Communication & Outreach requirements contained in 10 CFR part Status Report representations contained in each 55 are mandatory for the licensees and application are true and complete and NSB February 2000 Policy Meeting & Retreat NSB 2000 Calendar applicants affected. accurately describe all material terms of Presentation: Nanoscience & Engineering Submit, by January 10, 2000, the transaction which is the subject of comments that address the following the exemption. In the case of continuing Marta Cehelsky, questions: exemption transactions, if any of the Executive Officer. material facts or representations [FR Doc. 99–29490 Filed 11–5–99; 3:54 pm] 1. Is the proposed collection of described in the application change BILLING CODE 7555±01±M information necessary for the NRC to after the exemption is granted, the properly perform its functions? Does the exemption will cease to apply as of the information have practical utility? date of such change. In the event of any NUCLEAR REGULATORY 2. Is the burden estimate accurate? such change, application for a new COMMISSION 3. Is there a way to enhance the exemption may be made to the quality, utility, and clarity of the Department. Agency Information Collection information to be collected? Signed at Washington, D.C., this 4th day of Activities: Proposed Collection; Comment Request 4. How can the burden of the November, 1999. information collection be minimized, Ivan Strasfeld, AGENCY: Nuclear Regulatory including the use of automated Director of Exemption Determinations, Commission (NRC). collection techniques or other forms of Pension and Welfare Benefits Administration, ACTION: Notice of pending NRC action to information technology? U.S. Department of Labor. submit an information collection A copy of the submittal may be [FR Doc. 99–29266 Filed 11–8–99; 8:45 am] request to OMB and solicitation of viewed free of charge at the NRC Public BILLING CODE 4510±29±P public comment. Document Room, 2120 L Street, NW (lower level), Washington, DC. OMB SUMMARY: The NRC is preparing a clearance requests are available at the NATIONAL SCIENCE FOUNDATION submittal to OMB for review of NRC worldwide web site (http:// continued approval of information Sunshine Act Meeting www.nrc.gov/NRC/PUBLIC/OMB/ collections under the provisions of the index.html). The document will be Paperwork Reduction Act of 1995 (44 AGENCY HOLDING MEETING: National available on the NRC home page site for U.S.C. Chapter 35). Science Foundation, National Science 60 days after the signature date of this 1. The title of the information Board. notice. collection: 10 CFR part 55, ‘‘Operators’ DATE AND TIMES: Licenses.’’ Comments and questions about the November 18, 1999: 11:30 a.m.—Closed 2. Current OMB approval number: information collection requirements Session 3150–0018. may be directed to the NRC Clearance November 18, 1999: 1 p.m.—Closed 3. How often the collection is Officer, Brenda Jo. Shelton, U.S. Nuclear Session required: As necessary for NRC to meet Regulatory Commission, T–6 E6, November 18, 1999: 2 p.m.—Open its responsibilities to determine the Washington, DC 20555–0001, by Session eligibility of applicants for operators’ telephone at 301–415–7233, or by PLACE: The National Science licenses, prepare or review initial Internet electronic mail at [email protected]. Foundation, 4201 Wilson Boulevard, operator licensing and requalification Dated at Rockville, MD, this 3rd day of Room 1235, Arlington, VA 22230. examinations, and perform a review of November, 1999.
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For the Nuclear Regulatory Commission. substantiated, or resolved and partially the Enforcement Policy since it was first Brenda Jo. Shelton, substantiated) whose allegations were published as a NUREG document on NRC Clearance Officer, Office of the Chief filed in each of the four NRC regional June 30, 1995; 60 FR 34381. The NRC Information Officer. offices and the two major program publishes the policy statement as a [FR Doc. 99–29314 Filed 11–8–99; 8:45 am] offices, the Office of Nuclear Reactor NUREG to foster its widespread BILLING CODE 7590±01±P Regulation and the Office of Nuclear dissemination. This revision: (1) Revises Material Safety and Safeguards. The the approach for assessing the results of this survey will be used by significance of violations; (2) Changes NUCLEAR REGULATORY NRC management to gauge the guidance to conform to recent revisions COMMISSION effectiveness of its existing program and to the NRC’s regulations for operating to develop programmatic revisions, as reactors regarding changes, tests, and Agency Information Collection needed, to improve its handling of experiments (64 FR 53582; October 4, Activities: Submission for OMB allegations. 1999); (3) Updates the Policy to reflect Review; Comment Request A copy of the final supporting the Deputy Executive Director for statement may be viewed free of charge Reactor Programs and the Deputy AGENCY: Nuclear Regulatory Executive Director for Materials, Commission (NRC). at the NRC Public Document Room, 2120 L Street, NW (lower level), Research and State Programs as the ACTION: Notice of the OMB review of Washington, DC. OMB clearance principal enforcement officers of the information collection and solicitation requests are available at the NRC NRC; (4) Corrects the schedule for of public comment. worldwide web site (http:// exercising enforcement discretion for SUMMARY: The NRC has recently www.nrc.gov/NRC/PUBLIC/OMB/ findings involving the completeness and submitted to OMB for review the index.html). The document will be accuracy of licensee Final Safety following proposal for the collection of available on the NRC home page site for Analysis Reports (FSAR); (5) information under the provisions of the 60 days after the signature date of this Consolidates the guidance on Paperwork Reduction Act of 1995 (44 notice. dispositioning Severity Level IV U.S.C. Chapter 35). The NRC hereby Comments and questions should be violations as either Notices of Violation informs potential respondents that an directed to the OMB reviewer listed or Non-Cited Violations; (6) Reorganizes agency may not conduct or sponsor, and below by December 9, 1999. Comments existing guidance on the relationship that a person is not required to respond received after this date will be between safety and compliance to to, a collection of information unless it considered if it is practical to do so, but improve clarity; (7) Consolidates displays a currently valid OMB control assurance of consideration cannot be changes to the Enforcement Policy since number. given to comments received after this May 1998; and (8) Edits and restructures 1. Type of submission, new, revision, date. Erik Godwin, Office of Information existing guidance to assure consistency extension, or reinstatement: and Regulatory Affairs (3150–0185), with recent policy changes and to Reinstatement. NEOB–10202, Office of Management facilitate maintenance of the 2. The title of the information and Budget, Washington, DC 20503. Enforcement Policy. The intent of this collection: NRC Form 592, ‘‘NRC’s Comments can also be submitted by Policy revision is to move towards a Handling of Your Concerns.’’ telephone at (202) 395–3087. more risk-informed and performance- 3. The form number if applicable: The NRC Clearance Officer is Brenda based approach. NRC Form 592. Jo. Shelton, 301–415–7233. DATES: This action is effective 4. How often the collection is Dated at Rockville, MD, this 3rd day of November 9, 1999. Comments on this required: One time, as allegations are November, 1999. revision should be submitted on or closed. For the Nuclear Regulatory Commission. before December 9, 1999 and will be 5. Who will be required or asked to Brenda Jo. Shelton, considered by the NRC prior to the next Enforcement Policy revision. report: Individuals who have submitted NRC Clearance Officer, Office of the Chief an allegation to the NRC. Information Officer. ADDRESSES: Submit written comments 6. An estimate of the number of [FR Doc. 99–29313 Filed 11–8–99; 8:45 am] to: David L. Meyer, Chief, Rules and Directives Branch, Division of responses: 240. BILLING CODE 7590±01±P 7. The estimated number of annual Administrative Services, Office of respondents: 240. Administration, Mail Stop: T6D59, U.S. 8. An estimate of the total number of NUCLEAR REGULATORY Nuclear Regulatory Commission, hours needed annually to complete the COMMISSION Washington, DC 20555–0001. Hand requirement or request: 240 (one hour deliver comments to: 11555 Rockville per response). [NUREG±1600] Pike, Maryland, between 7:30 a.m. and 4:15 p.m., Federal workdays. Copies of 9. An indication of whether section Revision of the NRC Enforcement comments received may be examined at 3507(d), Pub. L. 104–13 applies: Not Policy applicable. the NRC Public Document Room 2120 L 10. Abstract: NRC is requesting AGENCY: Nuclear Regulatory Street, NW. (Lower Level), Washington, reinstatement of NRC Form 592 to Commission. DC. conduct a voluntary survey of allegers ACTION: Policy Statement: revision. The NRC’s Office of Enforcement who bring health and safety concerns to maintains the current policy statement the NRC. The survey is used to SUMMARY: The Nuclear Regulatory on its homepage on the Internet at determine the level of satisfaction or Commission (NRC) is publishing a www.nrc.gov/OE/. dissatisfaction with NRC’s handling of complete revision of its General FOR FURTHER INFORMATION CONTACT: Bill their allegation. The survey will be sent Statement of Policy and Procedure for Borchardt, Director, Office of to allegers in various categories (allegers NRC Enforcement Actions (NUREG– Enforcement, (301) 415–2741, or Rene´e who allegations were resolved but not 1600) (Enforcement Policy or Policy). Pedersen, Senior Enforcement substantiated, resolved and This is the third complete revision of Specialist, Office of Enforcement, U.S.
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Nuclear Regulatory Commission, they appear in the Policy) are described violations 2), repetitive violations, Washington, D.C. 20555–0001, (301) below: willful violations and reporting 415–2741. violations. The NRC is eliminating the I. Introduction and Purpose SUPPLEMENTARY INFORMATION: The NRC use of this term in the context of Enforcement Policy was first issued as This section has been modified by assessing the significance of violations. a formal policy statement on September adding a discussion of the relationship The NRC believes this is warranted 4, 1980. Since that time, the between safety and compliance. This given the nature of stakeholder Enforcement Policy has been revised on discussion captures the essence of the concerns, which included the term’s a number of occasions. On June 30, Commission-approved discussion that lack of sufficient definition, its 1995; (60 FR 34381), the Enforcement was previously included as Appendix A subjective nature, and its lack of a clear Policy was completely revised as a to this policy statement. Moving this nexus to safety. There is also a concern result of the recommendations of a high- discussion from the back of the Policy that use of regulatory significance level review team who assessed the to the front improves the logical flow of (under the practice of aggregation) is a enforcement program and solicited information and helps ensure that it will form of assessment that should be input from stakeholders and other not be overlooked. performed outside the enforcement government agencies (NUREG–1525, III. Responsibilities process. Under the revised Policy, if the NRC has concerns about a licensee’s ‘‘Assessment of the NRC Enforcement This section has been modified to Program.’’) On May 13, 1998; (63 FR performance as a result of a large reflect the August 9, 1999, number of less significant violations, or 26630) the Enforcement Policy was reorganization of the office of the completely republished based on a repetitive violations based on ineffective Executive Director for Operations. The corrective actions, the current and review of the experience with the Deputy Executive Director for Reactor revised policy and consideration of future assessment processes provide the Programs and the Deputy Executive regulatory tools necessary to address public comment (NUREG–1600, ‘‘NRC Director for Materials, Research and Enforcement Policy Review; July 1995– these performance concerns. State Programs, replace the Deputy Although the NRC believes it is July 1997’’). Most recently (February 9, Executive Director for Regulatory appropriate to eliminate the term, 1999; 64 FR 6388), the Policy was Effectiveness as the principal ‘‘regulatory significance’’ from this modified by revising the treatment of enforcement officers of the NRC. The policy statement, some of its underlying Severity Level IV violations at power Deputy Executive Director for Reactor concepts are appropriate to maintain. reactors to help reduce unnecessary Programs is responsible to the Executive The NRC will continue to consider regulatory burden. The NRC is Director for Operations for NRC violations that impact or have the constantly refining and improving its enforcement programs. potential to impact NRC’s ability to policy and processes to ensure that IV. Significance of Violations carry out its statutory mission. enforcement actions are appropriate and Examples of cases in this category contribute to safety. This section has been renamed and would include violations of §§ 30.9, In developing this Policy revision, the significantly modified to reflect the 50.9, etc. (completeness and accuracy of NRC considered comments of various NRC’s new approach on how it will information), §§ 30.34(f), 50.54(a), 50.59, internal and external stakeholders. assess the significance of violations. 76.68, etc. (need for NRC approval of Consideration was given to written Because regulatory requirements have changes), and Subpart M of Part 20, comments submitted in response to the varying degrees of safety, safeguards, or §§ 30.50, 50.72–73, etc. (reporting May 13, 1998; 63 FR 26630, revision to environmental significance, the NRC’s requirements). Even inadvertent the Enforcement Policy; Congressional Enforcement Policy uses a graded reporting failures are important because concerns; information provided during approach in dealing with many of the surveillance, quality numerous meetings with representatives noncompliances both in terms of control, and auditing systems on which of the industry and public interest assessing significance and developing both the NRC and its licensees rely in groups; and several written submittals.1 enforcement sanctions. This section order to monitor compliance with safety The main stakeholder involvement has provides that assessing the relative standards are based primarily on been with the Nuclear Energy Institute importance or significance of the complete, accurate and timely (NEI), various power reactor licensees, violation is the first step in the recordkeeping and reporting. The NRC the Union of Concerned Scientists enforcement process. The NRC is will continue to consider willful (UCS), and Public Citizen. revising its approach for assessing violations involving licensees and their The NRC recognizes that additional significance that identifies four specific employees, including the ability to changes may be considered as a result issues to consider: (1) Actual safety maintain a safety conscious work of ongoing efforts to make consequences; (2) potential safety environment. Examples of cases in this improvements to the inspection and consequences, including the category would include violations of performance assessment processes for consideration of risk information; (3) §§ 30.10, 50.5, etc. (deliberate power reactors. In addition, changes are potential for impacting the NRC’s ability misconduct), and willful violations of anticipated in the materials areas that to perform its regulatory function; and requirements including §§ 30.7, 50.7, will conform to the move toward risk- (4) any willful aspects of the violation. etc. (discrimination), §§ 30.9, 50.9, etc. informed performance-based This is a change from previous (completeness and accuracy of inspections in this area. practice that assessed significance by information), and reporting The more significant changes to the weighing (1) Actual consequences; (2) requirements. Willful violations are, by Enforcement Policy (in the order that potential consequences; and (3) the definition, of particular concern to the regulatory significance of a violation. 1 See, NEI letters to James Lieberman, dated Although not specifically defined by the 2 The previous policy stated that a group of December 14, 1998, and to William Travers, dated Policy, ‘‘regulatory significance’’ Severity Level IV violations could be evaluated in October 23, 1998, and UCS letter to James historically included issues such as, but the aggregate and assigned a single, increased Lieberman dated November 11, 1998. These severity level, thereby resulting in a Severity Level documents are available at the NRC’s Public not limited to, programmatic III problem, if the violations had the same Document Room (see ADDRESSES section). breakdowns (i.e., aggregation of underlying cause or programmatic deficiencies.
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Commission because its regulatory VII.B.1 Non-Cited Violations Supplement I—Reactor Operations program is based on licensees and their This section has been renamed and Example B.4 is eliminated because it contractors, employees, and agents consolidates the guidance on was unnecessary, given that it is highly acting with integrity and dispositioning Severity Level IV unlikely that § 50.59 violations will rise communicating with candor. violations as either Notices of Violation to Severity Level II and if operability of This section also elaborates on the or Non-Cited Violations. The definition equipment is actually affected, then the concept of potential consequences as a of a Non-Cited Violation (NCV) is severity level of the system inoperability consideration in the significance simplified to state that it is a Severity will be based on the actual and potential assessment process. It emphasizes that Level IV violation for which the NRC consequences of that inoperability. the NRC will consider the realistic chooses to exercise discretion and Example C.2. (b) is eliminated likelihood of affecting safety (i.e., the refrain from issuing a formal Notice of because basing severity level on any existence of credible scenarios with Violation. It makes it clear that this necessary analyses is inconsistent with potentially significant consequences). It discretion is not meant to eliminate determining severity level based on also states that risk information will be either the NRC’s emphasis on actual and potential consequences. compliance or the importance of used wherever possible and clarifies Example C.9 replaces previous that use of risk information may maintaining safety. Section VII.B.1.a includes the essence of the guidance on examples C.10 and C.11 (which are no increase or decrease the severity level of dispositioning power reactor Severity longer consistent with recent revisions a violation. Level IV violations that was previously of 10 CFR 50.59). This example provides This overall approach to assessing included in Appendix C. Sections that violations of 10 CFR 50.59 will be significance preserves the ability to VII.B.1.b–g are reserved for future characterized at Severity Level III only evaluate violations based on those applications. Section VII.B.1.h includes if the change, which would require concepts the NRC believes important, guidance for dispositioning all other Commission approval prior to while minimizing the controversy that types of licensees. This subsection implementation, would not have been surrounds the use of the term captures the guidance that was found acceptable to the Commission. ‘‘regulatory significance.’’ previously included under VII.B.1. Example C.10 replaces previous example C.13 and reflects that Severity VI.B.2.d Exercise of Discretion VII.B.3 Violations Involving Old Level III characterization may be Design Issues appropriate for violations of 10 CFR The guidance in this section has been Paragraph (a) of this section has been 50.71(e) in those situations where the rewritten to state that the NRC may modified to include the correct schedule erroneous information contained in the exercise discretion by either escalating the NRC will use when it considers FSAR resulted in a change to the or mitigating the amount of a civil whether it should exercise mitigating facility, implemented without prior penalty after the normal assessment enforcement discretion for violations Commission approval, that would not process to ensure that the proposed civil associated with departures from the be acceptable. penalty reflects all relevant FSAR. The previous schedule stated, Example C.11 replaces previous circumstances of the particular case. ‘‘within two years after October 18, example C.14. Given that unreviewed The phrases ‘‘reflects the NRC’s level of 1996.’’ The correct schedule identifies safety questions and conflicts with concern’’ and ‘‘conveys the appropriate March 30, 2000, for risk-significant technical specifications will not message to the licensee’’ have been items as defined by the licensee’s necessarily be Severity Level III eliminated. Like regulatory significance, maintenance rule program and March violations under the revised these phrases have been criticized as 30, 2001, for all other issues. Like the enforcement guidance pertaining to 10 allowing the regulator to arbitrarily schedule in Section VII.A.1.h, this CFR 50.59, this example simply reflects issue sanctions without a sufficient Commission-approved schedule that the failure to make required reports nexus to safety. This new language is inadvertently failed to be reflected in a associated with any Severity Level III consistent with the agency’s other revision to the policy statement. violation may be characterized at policy changes and its plain language VII.C Notice of Enforcement Severity Level III. initiatives. Similar changes are made Discretion for Power Reactors and Example D.5 replaces previous throughout the Policy. Gaseous Diffusion Plants examples D.5 and D.6 (which are no VII.A.1 Civil Penalties This section has been renamed to longer consistent with recent revisions more clearly reflect that this type of of 10 CFR 50.59). This example provides Paragraph (h) of this section has been discretion applies to both power that Severity Level IV categorization is modified to include the correct schedule reactors and gaseous diffusion plants. appropriate for violations of 10 CFR the NRC will use when it considers 50.59 that do not involve circumstances whether it should exercise escalating Supplements—Violation Examples in which a change that required prior enforcement discretion for violations Each of the eight supplements was Commission approval would not be associated with departures from the modified by removing examples of found acceptable had the approval been FSAR. The previous schedule stated, violations based on the concept of sought. Any reference to programmatic ‘‘after two years from October 18, 1996.’’ aggregating less significant violations failures is unnecessary. The correct schedule identifies March into one of higher significance and the Example D.6 replaces previous 30, 2000, for risk-significant items as use of repetitive violations to increase examples D.7 and D.8 (which are no defined by the licensee’s maintenance the severity of a given violation, i.e., ‘‘a longer consistent with recent revisions rule program and March 30, 2001, for all number of violations that are related (or, of 10 CFR 50.59). This example provides other issues. This change corrects an if isolated, that are recurring violations) that Severity Level IV characterization error in the policy and conforms to the that collectively represent a potentially may be appropriate for violations of 10 schedule established by the Commission significant lack of attention or CFR 50.71(e) in those situations where in a staff requirements memorandum carelessness toward licensed the erroneous information contained in dated June 30, 1998. responsibilities.’’ the FSAR is not used to make an
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Violations Identified Due to Previous specifications, other license conditions, Paperwork Reduction Act of 1995 (44 Enforcement Action orders, and regulations, have been U.S.C. 3501 et seq.). Existing 5. Violations Involving Certain designed to ensure adequate requirements were approved by the Discrimination Issues protection—which corresponds to ‘‘no Office of Management and Budget, 6. Violations Involving Special undue risk to public health and approval number 3150–0136. Circumstances safety’’—through acceptable design, C. Notice of Enforcement Discretion for Public Protection Notification construction, operation, maintenance, Power Reactors and Gaseous Diffusion modification, and quality assurance If a means used to impose an Plants measures. In the context of risk- VIII. Enforcement Actions Involving information collection does not display informed regulation, compliance plays a a currently valid OMB control number, Individuals IX. Inaccurate and Incomplete Information very important role in ensuring that key the NRC may not conduct or sponsor, X. Enforcement Action Against Non- assumptions used in underlying risk and a person is not required to respond Licensees and engineering analyses remain valid. to, the information collection. XI. Referrals to the Department of Justice While adequate protection is Small Business Regulatory Enforcement XII. Public Disclosure of Enforcement presumptively assured by compliance Actions Fairness Act with NRC requirements, circumstances XIII. Reopening Closed Enforcement Actions may arise where new information In accordance with the Small Supplements—Violation Examples reveals that an unforeseen hazard exists Business Regulatory Enforcement or that there is a substantially greater Fairness Act of 1996, the NRC has Interim Enforcement Policies potential for a known hazard to occur. determined that this action is not a Interim Enforcement Policy for In such situations, the NRC has the ‘‘major’’ rule and has verified this Generally Licensed Devices statutory authority to require licensee determination with the Office of Containing Byproduct Material (10 action above and beyond existing Information and Regulatory Affairs, CFR 31.5) regulations to maintain the level of Office of Management and Budget. protection necessary to avoid undue risk Accordingly, the NRC Enforcement Interim Enforcement Policy Regarding Enforcement Discretion for Nuclear to public health and safety. Policy is revised to read as follows: The NRC also has the authority to Power Plants During the Year 2000 exercise discretion to permit continued General Statement of Policy and Transition operations—despite the existence of a Procedure for NRC Enforcement Interim Enforcement Policy for Use Actions noncompliance—where the During the NRC Power Reactor noncompliance is not significant from a Table of Contents Oversight Process Pilot Plant Study risk perspective and does not, in the Preface Preface particular circumstances, pose an undue I. Introduction and Purpose risk to public health and safety. When II. Statutory Authority and Procedural The following policy statement noncompliance occurs, the NRC must Framework describes the enforcement policy and evaluate the degree of risk posed by that A. Statutory Authority procedures that the U.S. Nuclear noncompliance to determine if specific B. Procedural Framework Regulatory Commission (NRC or immediate action is required. Where III. Responsibilities Commission) and its staff intends to needed to ensure adequate protection of IV. Significance of Violations follow in initiating and reviewing public health and safety, the NRC may A. Assessing Significance enforcement actions in response to demand immediate licensee action, up 1. Actual Safety Consequences violations of NRC requirements. This 2. Potential Safety Consequences to and including a shutdown or 3. Impacting the Regulatory Process statement of general policy and cessation of licensed activities. 4. Willful Violations procedure is published as NUREG–1600 Based on the NRC’s evaluation of B. Assigning Severity Level to foster its widespread dissemination. noncompliance, the appropriate action V. Predecisional Enforcement Conferences However, this is a policy statement and could include refraining from taking any VI. Enforcement Actions not a regulation. The Commission may action, taking specific enforcement A. Notice of Violation deviate from this statement of policy as action, issuing orders, or providing B. Civil Penalty appropriate under the circumstances of input to other regulatory actions or 1. Base Civil Penalty a particular case. 2. Civil Penalty Assessment assessments, such as increased oversight a. Initial Escalated Action I. Introduction and Purpose (e.g., increased inspection). Since some b. Credit for Actions Related to requirements are more important to Identification The Atomic Energy Act of 1954, as safety than others, the NRC endeavors to c. Credit for Prompt and Comprehensive amended, establishes ‘‘adequate use a risk-informed approach when Corrective Action protection’’ as the standard of safety on applying NRC resources to the oversight d. Exercise of Discretion which NRC regulations are based. In the of licensed activities, including C. Orders context of NRC regulations, safety enforcement activities. D. Related Administrative Actions means avoiding undue risk or, stated The primary purpose of the NRC’s VII. Exercise of Discretion A. Escalation of Enforcement Sanctions another way, providing reasonable Enforcement Policy is to support the 1. Civil Penalties assurance of adequate protection of NRC’s overall safety mission in 2. Orders workers and the public in connection protecting the public health and safety 3. Daily Civil Penalties with the use of source, byproduct and and the environment. Consistent with B. Mitigation of Enforcement Sanctions special nuclear materials. that purpose, the policy endeavors to:
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• Deter noncompliance by regulations implementing those requested, the matter may be referred to emphasizing the importance of provisions. Section 232 authorizes the the U.S. Department of Justice to compliance with NRC requirements, NRC to seek injunctive or other institute a civil action in District Court. and equitable relief for violation of The procedure for issuing an order to • Encourage prompt identification regulatory requirements. institute a proceeding to modify, and prompt, comprehensive correction Section 206 of the Energy suspend, or revoke a license or to take of violations of NRC requirements. Reorganization Act authorizes the NRC other action against a licensee or other Therefore, licensees,1 contractors,2 to impose civil penalties for knowing person subject to the jurisdiction of the and their employees who do not achieve and conscious failures to provide Commission is set forth in 10 CFR the high standard of compliance which certain safety information to the NRC. 2.202. The licensee or any other person the NRC expects will be subject to Notwithstanding the $100,000 limit adversely affected by the order may enforcement sanctions. Each stated in the Atomic Energy Act, the request a hearing. The NRC is enforcement action is dependent on the Commission may impose higher civil authorized to make orders immediately circumstances of the case. However, in penalties as provided by the Debt effective if required to protect the public no case will licensees who cannot Collection Improvement Act of 1996. health, safety, or interest, or if the achieve and maintain adequate levels of Under the Act, the Commission is violation is willful. Section 2.204 sets safety be permitted to continue to required to modify civil monetary out the procedures for issuing a Demand conduct licensed activities. penalties to reflect inflation. The for Information (Demand) to a licensee adjusted maximum civil penalty amount or other person subject to the II. Statutory Authority and Procedural is reflected in 10 CFR 2.205 and this Commission’s jurisdiction for the Framework Policy Statement. purpose of determining whether an A. Statutory Authority Chapter 18 of the Atomic Energy Act order or other enforcement action provides for varying levels of criminal The NRC’s enforcement jurisdiction is should be issued. The Demand does not penalties (i.e., monetary fines and drawn from the Atomic Energy Act of provide hearing rights, as only imprisonment) for willful violations of 1954, as amended, and the Energy information is being sought. A licensee the Act and regulations or orders issued Reorganization Act (ERA) of 1974, as must answer a Demand. An unlicensed under sections 65, 161(b), 161(i), or amended. person may answer a Demand by either Section 161 of the Atomic Energy Act 161(o) of the Act. Section 223 provides providing the requested information or authorizes the NRC to conduct that criminal penalties may be imposed explaining why the Demand should not on certain individuals employed by inspections and investigations and to have been issued. firms constructing or supplying basic issue orders as may be necessary or components of any utilization facility if III. Responsibilities desirable to promote the common the individual knowingly and willfully The Executive Director for Operations defense and security or to protect health violates NRC requirements such that a (EDO) and the principal enforcement or to minimize danger to life or basic component could be significantly officers of the NRC, the Deputy property. Section 186 authorizes the impaired. Section 235 provides that Executive Director for Reactor Programs NRC to revoke licenses under certain criminal penalties may be imposed on (DEDR) and the Deputy Executive circumstances (e.g., for material false persons who interfere with inspectors. Director for Materials, Research and statements, in response to conditions Section 236 provides that criminal State Programs (DEDMRS) have been that would have warranted refusal of a penalties may be imposed on persons delegated the authority to approve or license on an original application, for a who attempt to or cause sabotage at a issue all escalated enforcement actions.3 licensee’s failure to build or operate a nuclear facility or to nuclear fuel. The DEDR is responsible to the EDO for facility in accordance with the terms of Alleged or suspected criminal violations NRC enforcement programs. The Office the permit or license, and for violation of the Atomic Energy Act are referred to of Enforcement (OE) exercises oversight of an NRC regulation). Section 234 the Department of Justice for of and implements the NRC authorizes the NRC to impose civil appropriate action. enforcement program. The Director, OE, penalties not to exceed $100,000 per acts for the Deputy Executive Director in violation per day for the violation of B. Procedural Framework enforcement matters in his absence or as certain specified licensing provisions of Subpart B of 10 CFR Part 2 of NRC’s delegated. the Act, rules, orders, and license terms regulations sets forth the procedures the Subject to the oversight and direction implementing these provisions, and for NRC uses in exercising its enforcement of OE, and with the approval of the violations for which licenses can be authority. 10 CFR 2.201 sets forth the Deputy Executive Director, where revoked. In addition to the enumerated procedures for issuing Notices of necessary, the regional offices normally provisions in section 234, sections 84 Violation. issue Notices of Violation and proposed and 147 authorize the imposition of The procedure to be used in assessing civil penalties. However, subject to the civil penalties for violations of civil penalties is set forth in 10 CFR same oversight as the regional offices, 2.205. This regulation provides that the the Office of Nuclear Reactor Regulation 1 This policy primarily addresses the activities of civil penalty process is initiated by (NRR) and the Office of Nuclear NRC licensees and applicants for NRC licenses. However, this policy provides for taking issuing a Notice of Violation and Material Safety and Safeguards (NMSS) enforcement action against non-licensees and Proposed Imposition of a Civil Penalty. may also issue Notices of Violation and individuals in certain cases. These non-licensees The licensee or other person is provided proposed civil penalties for certain include contractors and subcontractors, holders of, an opportunity to contest in writing the activities. Enforcement orders are or applicants for, NRC approvals, e.g., certificates of normally issued by the Deputy compliance, early site permits, or standard design proposed imposition of a civil penalty. certificates, and the employees of these non- After evaluation of the response, the Executive Director or the Director, OE. licensees. Specific guidance regarding enforcement civil penalty may be mitigated, remitted, action against individuals and non-licensees is or imposed. An opportunity is provided 3 The term ‘‘escalated enforcement action’’ as addressed in Sections VIII and X, respectively. used in this policy means a Notice of Violation or 2 The term ‘‘contractor’’ as used in this policy for a hearing if a civil penalty is civil penalty for any Severity Level I, II, or III includes vendors who supply products or services imposed. If a civil penalty is not paid violation (or problem) or any order based upon a to be used in a NRC-licensed facility or activity. following a hearing or if a hearing is not violation.
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However, orders may also be issued by I value shown in Table 1A for that class severity level may be appropriate for the EDO, especially those involving the of licensee; issues that have low risk significance. more significant matters. The Directors (3) Any proposed enforcement action Duration is an appropriate consideration of NRR and NMSS have also been that involves a Severity Level I in assessing the significance of delegated authority to issue orders, but violation; violations. (4) Any action the EDO believes it is expected that normal use of this 3. Impacting the Regulatory Process authority by NRR and NMSS will be warrants Commission involvement; confined to actions not associated with (5) Any proposed enforcement case The NRC considers the safety compliance issues. The Chief Financial involving an Office of Investigations implications of noncompliances which Officer has been delegated the authority (OI) report where the NRC staff (other may impact the NRC’s ability to carry to issue orders where licensees violate than the OI staff) does not arrive at the out its statutory mission. Commission regulations by nonpayment same conclusions as those in the OI Noncompliances may be significant of license and inspection fees. report concerning issues of intent if the because they may challenge the In recognition that the regulation of Director of OI concludes that regulatory envelope upon which certain nuclear activities in many cases does Commission consultation is warranted; activities were licensed. These types of not lend itself to a mechanistic and violations include failures such as: treatment, judgment and discretion (6) Any proposed enforcement action failures to provide complete and must be exercised in determining the on which the Commission asks to be accurate information, failures to receive severity levels of the violations and the consulted. prior NRC approval for changes in licensed activities, failures to notify appropriate enforcement sanctions, IV. Significance of Violations including the decision to issue a Notice NRC of changes in licensed activities, Regulatory requirements 4 have of Violation, or to propose or impose a failure to perform 10 CFR 50.59 varying degrees of safety, safeguards, or civil penalty and the amount of this analysis, reporting failures, etc. Even environmental significance. Therefore, penalty, after considering the general inadvertent reporting failures are the relative importance or significance principles of this statement of policy important because many of the of each violation is assessed as the first and the significance of the violations surveillance, quality control, and step in the enforcement process. and the surrounding circumstances. auditing systems on which both the Unless Commission consultation or Following this assessment, a NRC and its licensees rely in order to notification is required by this policy, commensurate severity level may be monitor compliance with safety the NRC staff may depart, where assigned to help determine and develop standards are based primarily on warranted in the public’s interest, from the appropriate enforcement sanction. complete, accurate and timely this policy as provided in Section VII, A. Assessing Significance recordkeeping and reporting. The existence of a regulatory process ‘‘Exercise of Discretion.’’ In assessing the significance of a The Commission will be provided violation does not automatically mean noncompliance, the NRC considers four written notification for the following that the issue is safety significant. In specific issues: (1) actual safety situations: determining the significance of a (1) All enforcement actions involving consequences; (2) potential safety violation, the NRC will consider civil penalties or orders; consequences, including the appropriate factors for the particular (2) The first time that discretion is consideration of risk information; (3) regulatory process violation. These exercised for a plant that meets the potential for impacting the NRC’s ability factors may include: the significance of criteria of Section VII.B.2; to perform its regulatory function; and the underlying issue, whether the (3) (Where appropriate, based on the (4) any willful aspects of the violation. failure actually impeded or influenced uniqueness or significance of the issue) 1. Actual Safety Consequences regulatory action, the level of when discretion is exercised for individuals involved in the failure and In evaluating actual safety violations that meet the criteria of the reasonableness of the failure given consequences, the NRC considers issues Section VII.B.6; and their position and training, and whether (4) All Notices of Enforcement such as actual onsite or offsite releases the failure invalidates the licensing Discretion (NOEDs) issued involving of radiation, onsite or offsite radiation basis. Factors to consider for failures to natural events, such as severe weather exposures, accidental criticalities, core provide complete and accurate conditions. damage, loss of significant safety information are addressed in Section IX The Commission will be consulted barriers, loss of control of radioactive of this policy. prior to taking action in the following material or radiological emergencies. Unless otherwise categorized in the situations (unless the urgency of the 2. Potential Safety Consequences Supplements to this policy statement, situation dictates immediate action): the severity level of a violation (1) An action affecting a licensee’s In evaluating potential safety involving the failure to make a required operation that requires balancing the consequences, the NRC considers the report to the NRC will be based upon public health and safety or common realistic likelihood of affecting safety, the significance of and the defense and security implications of not i.e., the existence of credible scenarios circumstances surrounding the matter operating against the potential with potentially significant actual that should have been reported. radiological or other hazards associated consequences. The NRC will use risk However, the severity level of an with continued operation (cases information wherever possible in untimely report, in contrast to no report, involving severe weather or other assessing significance and assigning may be reduced depending on the natural phenomena may be addressed severity levels. A higher severity may be circumstances surrounding the matter. by the staff without prior Commission warranted for violations that have A licensee will not normally be cited for consultation in accordance with Section greater risk significance and a lower a failure to report a condition or event VII.C); unless the licensee was actually aware 4 The term ‘‘requirement’’ as used in this policy (2) Proposals to impose a civil penalty means a legally binding requirement such as a of the condition or event that it failed for a single violation or problem that is statute, regulation, license condition, technical to report. A licensee will, on the other greater than 3 times the Severity Level specification, or order. hand, normally be cited for a failure to
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Each is designed to illustrate the significance Willful violations are by definition of of the following eight activity areas: that the NRC places on a particular type particular concern to the Commission I. Reactor Operations; of violation of NRC requirements. Each because its regulatory program is based II. Facility Construction; of the examples in the supplements is on licensees and their contractors, III. Safeguards; predicated on a violation of a regulatory employees, and agents acting with IV. Health Physics; requirement. integrity and communicating with V. Transportation; The NRC reviews each case being candor. Willful violations cannot be VI. Fuel Cycle and Materials Operations; considered for enforcement action on its tolerated by either the Commission or a VII. Miscellaneous Matters; and own merits to ensure that the severity of licensee. Therefore, a violation may be VIII. Emergency Preparedness. a violation is characterized at the level considered more significant than the Licensed activities will be placed in best suited to the significance of the underlying noncompliance if it includes the activity area most suitable in light of particular violation. indications of willfulness. The term the particular violation involved V. Predecisional Enforcement ‘‘willfulness’’ as used in this policy including activities not directly covered Conferences embraces a spectrum of violations by one of the above listed areas, e.g., ranging from deliberate intent to violate export license activities. Within each Whenever the NRC has learned of the or falsify to and including careless activity area, Severity Level I has been existence of a potential violation for disregard for requirements. Willfulness assigned to violations that are the most which escalated enforcement action does not include acts which do not rise significant and Severity Level IV appears to be warranted, or recurring to the level of careless disregard, e.g., violations are the least significant. nonconformance on the part of a negligence, inadvertent clerical errors in Severity Level I and II violations are of contractor, the NRC may provide an a document submitted to the NRC. In very significant regulatory concern 6. In opportunity for a predecisional enforcement conference with the determining the significance of a general, violations that are included in licensee, contractor, or other person violation involving willfulness, these severity categories involve actual before taking enforcement action. The consideration will be given to such or high potential consequences on purpose of the conference is to obtain factors as the position and public health and safety. Severity Level III violations are cause for significant information that will assist the NRC in responsibilities of the person involved determining the appropriate 5 regulatory concern. Severity Level IV in the violation (e.g., licensee official enforcement action, such as: (1) A or non-supervisory employee), the violations are less serious but are of more than minor concern. Violations at common understanding of facts, root significance of any underlying violation, causes and missed opportunities the intent of the violator (i.e., careless Severity Level IV involve noncompliance with NRC requirements associated with the apparent violations; disregard or deliberateness), and the that are not considered significant based (2) a common understanding of economic or other advantage, if any, on risk. This should not be corrective actions taken or planned; and gained as a result of the violation. The misunderstood to imply that Severity (3) a common understanding of the relative weight given to each of these Level IV issues have no risk significance of issues and the need for factors in arriving at the significance significance. lasting comprehensive corrective action. assessment will be dependent on the The Commission recognizes that there If the NRC concludes that it has circumstances of the violation. are other violations of minor safety or sufficient information to make an However, if a licensee refuses to correct environmental concern which are below informed enforcement decision, a a minor violation within a reasonable the level of significance of Severity conference will not normally be held. time such that it willfully continues, the Level IV violations. These minor However, an opportunity for a violation should be considered at least violations are not the subject of formal conference will normally be provided more than minor. Licensees are enforcement action and are not usually before issuing an order based on a expected to take significant remedial described in inspection reports. To the violation of the rule on Deliberate action in responding to willful extent such violations are described, Misconduct or a civil penalty to an violations commensurate with the they will be noted as violations of minor unlicensed person. If a conference is not circumstances such that it demonstrates significance that are not subject to held, the licensee may be requested to the seriousness of the violation thereby formal enforcement action. provide a written response to an creating a deterrent effect within the Comparisons of significance between inspection report, if issued, as to the licensee’s organization. activity areas are inappropriate. For licensee’s views on the apparent example, the immediacy of any hazard violations and their root causes and a 5 The term ‘‘licensee official’’ as used in this to the public associated with Severity description of planned or implemented policy statement means a first-line supervisor or Level I violations in Reactor Operations corrective actions. However, if the NRC above, a licensed individual, a radiation safety is not directly comparable to that has sufficient information to conclude officer, or an authorized user of licensed material that a civil penalty is not warranted, it whether or not listed on a license. Notwithstanding associated with Severity Level I an individual’s job title, severity level violations in Facility Construction. may proceed to issue an enforcement categorization for willful acts involving individuals Supplements I through VIII provide action without first obtaining the who can be considered licensee officials will examples and serve as guidance in licensee’s response to the inspection consider several factors, including the position of report. the individual relative to the licensee’s organizational structure and the individual’s 6 Regulatory concern pertains to primary NRC During the predecisional enforcement responsibilities relative to the oversight of licensed regulatory responsibilities, i.e., safety, safeguards, conference, the licensee, contractor, or activities and to the use of licensed material. and the environment. other persons will be given an
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Conferences will be participate in the predecisional violation or nonconformance and the announced on the Internet at the NRC enforcement conference with the long-term comprehensive actions that Office of Enforcement’s homepage licensee/employer. This participation were taken or will be taken to prevent (www.nrc.gov/OE) and on the Public will normally be in the form of a recurrence. Licensees, contractors, or Meeting Web site (www.nrc.gov/NRC/ complainant statement and comment on other persons will be told when a PUBLIC/meet.html). Individuals who do the licensee’s presentation, followed in meeting is a predecisional enforcement not have Internet access may get turn by an opportunity for the licensee conference. assistance on scheduled conferences by to respond to the complainant’s A predecisional enforcement contacting the NRC staff at the Public presentation. In cases where the conference is a meeting between the Document Room, by calling toll-free 1– complainant is unable to attend in NRC and the licensee. Conferences are 800–397–4209. In addition, the NRC person, arrangements will be made for normally held in the regional offices will normally issue a press release and the complainant’s participation by and are normally open to public notify appropriate State liaison officers telephone or an opportunity given for observation. Conferences will not that a predecisional enforcement the complainant to submit a written normally be open to the public if the conference has been scheduled and that response to the licensee’s presentation. enforcement action being contemplated: it is open to public observation. If the licensee chooses to forego an (1) Would be taken against an The public attending open enforcement conference and, instead, individual, or if the action, though not conferences may observe but may not responds to the NRC’s findings in taken against an individual, turns on participate in the conference. It is noted writing, the complainant will be whether an individual has committed that the purpose of conducting open provided the opportunity to submit wrongdoing; conferences is not to maximize public written comments on the licensee’s (2) Involves significant personnel attendance, but rather to provide the response. For cases involving potential failures where the NRC has requested public with opportunities to be discrimination by a contractor, any that the individual(s) involved be informed of NRC activities consistent associated predecisional enforcement present at the conference; with the NRC’s ability to exercise its conference with the contractor would be (3) Is based on the findings of an NRC regulatory and safety responsibilities. handled similarly. These arrangements Office of Investigations report that has Therefore, members of the public will for complainant participation in the not been publicly disclosed; or be allowed access to the NRC regional predecisional enforcement conference (4) Involves safeguards information, offices to attend open enforcement are not to be conducted or viewed in Privacy Act information, or information conferences in accordance with the any respect as an adjudicatory hearing. which could be considered proprietary; ‘‘Standard Operating Procedures For The purpose of the complainant’s In addition, conferences will not Providing Security Support For NRC participation is to provide information normally be open to the public if: Hearings and Meetings,’’ published to the NRC to assist it in its enforcement (5) The conference involves medical November 1, 1991 (56 FR 56251). These deliberations. misadministrations or overexposures procedures provide that visitors may be A predecisional enforcement and the conference cannot be conducted subject to personnel screening, that conference may not need to be held in without disclosing the exposed signs, banners, posters, etc., not larger cases where there is a full adjudicatory individual’s name; or than 18′′ be permitted, and that record before the Department of Labor. (6) The conference will be conducted disruptive persons may be removed. If a conference is held in such cases, by telephone or the conference will be The open conference will be terminated generally the conference will focus on conducted at a relatively small if disruption interferes with a successful the licensee’s corrective action. As with licensee’s facility. conference. NRC’s Predecisional discrimination cases based on OI Notwithstanding meeting any of these Enforcement Conferences (whether open investigations, the complainant may be criteria, a conference may still be open or closed) normally will be held at the allowed to participate. if the conference involves issues related NRC’s regional offices or in NRC Members of the public attending open to an ongoing adjudicatory proceeding Headquarters Offices and not in the conferences will be reminded that (1) with one or more interveners or where vicinity of the licensee’s facility. The apparent violations discussed at the evidentiary basis for the conference For a case in which an NRC Office of predecisional enforcement conferences is a matter of public record, such as an Investigations (OI) report finds that are subject to further review and may be adjudicatory decision by the discrimination as defined under 10 CFR subject to change prior to any resulting Department of Labor. In addition, 50.7 (or similar provisions in Parts 30, enforcement action and (2) the notwithstanding the above normal 40, 60, 70, or 72) has occurred, the OI statements of views or expressions of criteria for opening or closing report may be made public, subject to opinion made by NRC employees at conferences, with the approval of the withholding certain information (i.e., predecisional enforcement conferences, Executive Director for Operations, after appropriate redaction), in which or the lack thereof, are not intended to conferences may either be open or case the associated predecisional represent final determinations or beliefs. closed to the public after balancing the enforcement conference will normally When needed to protect the public benefit of the public’s observation be open to public observation. In a health and safety or common defense against the potential impact on the conference where a particular and security, escalated enforcement agency’s decision-making process in a individual is being considered action, such as the issuance of an particular case. potentially responsible for the immediately effective order, will be The NRC will notify the licensee that discrimination, the conference will taken before the conference. In these the conference will be open to public remain closed. In either case (i.e., cases, a conference may be held after the observation. Consistent with the whether the conference is open or escalated enforcement action is taken.
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VI. Enforcement Actions Sections VI.B and VI.C, respectively, are severe that it puts a licensee out of met. business (orders, rather than civil This section describes the penalties, are used when the intent is to B. Civil Penalty enforcement sanctions available to the suspend or terminate licensed activities) NRC and specifies the conditions under A civil penalty is a monetary penalty or adversely affects a licensee’s ability which each may be used. The basic that may be imposed for violation of (1) to safely conduct licensed activities. enforcement sanctions are Notices of certain specified licensing provisions of The deterrent effect of civil penalties is Violation, civil penalties, and orders of the Atomic Energy Act or best served when the amounts of the various types. As discussed further in supplementary NRC rules or orders; (2) penalties take into account a licensee’s Section VI.D, related administrative any requirement for which a license ability to pay. In determining the actions such as Notices of may be revoked; or (3) reporting amount of civil penalties for licensees Nonconformance, Notices of Deviation, requirements under section 206 of the for whom the tables do not reflect the Confirmatory Action Letters, Letters of Energy Reorganization Act. Civil ability to pay or the gravity of the Reprimand, and Demands for penalties are designed to deter future violation, the NRC will consider as Information are used to supplement the violations both by the involved licensee necessary an increase or decrease on a enforcement program. In selecting the as well as by other licensees conducting case-by-case basis. Normally, if a enforcement sanctions or administrative similar activities and to emphasize the licensee can demonstrate financial actions, the NRC will consider need for licensees to identify violations hardship, the NRC will consider enforcement actions taken by other and take prompt comprehensive payments over time, including interest, Federal or State regulatory bodies corrective action. rather than reducing the amount of the having concurrent jurisdiction, such as Civil penalties are considered for civil penalty. However, where a licensee in transportation matters. Severity Level III violations. In addition, claims financial hardship, the licensee Usually, whenever a violation of NRC civil penalties will normally be assessed will normally be required to address requirements of more than a minor for Severity Level I and II violations and why it has sufficient resources to safely concern is identified, enforcement knowing and conscious violations of the conduct licensed activities and pay action is taken. The nature and extent of reporting requirements of section 206 of license and inspection fees. the enforcement action is intended to the Energy Reorganization Act. Civil penalties are used to encourage reflect the seriousness of the violation TABLE 1A.ÐBASE CIVIL PENALTIES involved. prompt identification and prompt and comprehensive correction of violations, However, circumstances regarding the a. Power reactors and gaseous to emphasize compliance in a manner violation findings may warrant diffusion plants ...... $110,000 that deters future violations, and to discretion being exercised such that the b. Fuel fabricators authorized to serve to focus licensees’ attention on NRC refrains from issuing a Notice of possess Category I or II quan- significant violations. Violation or other enforcement action. tities of SNM ...... 55,000 Although management involvement, c. Fuel fabricators, industrial (See Section VII.B, ‘‘Mitigation of direct or indirect, in a violation may processors,1 and independent Enforcement Sanctions.’’) lead to an increase in the civil penalty, spent fuel and monitored re- A. Notice of Violation the lack of management involvement trievable storage installations 27,500 may not be used to mitigate a civil d. Test reactors, mills and ura- nium conversion facilities, con- A Notice of Violation is a written penalty. Allowing mitigation in the notice setting forth one or more tractors, waste disposal licens- latter case could encourage the lack of ees, industrial radiographers, violations of a legally binding management involvement in licensed requirement. The Notice of Violation and other large material users 11,000 activities and a decrease in protection of e. Research reactors, academic, normally requires the recipient to the public health and safety. medical, or other small mate- provide a written statement describing rial users2 ...... 5,500 (1) the reasons for the violation or, if 1. Base Civil Penalty contested, the basis for disputing the 1 Large firms engaged in manufacturing or The NRC imposes different levels of distribution of byproduct, source, or special violation; (2) corrective steps that have penalties for different severity level nuclear material. been taken and the results achieved; (3) violations and different classes of 2 This applies to nonprofit institutions not corrective steps that will be taken to licensees, contractors, and other otherwise categorized in this table, mobile nu- prevent recurrence; and (4) the date clear services, nuclear pharmacies, and physi- persons. Tables 1A and 1B show the cian offices. when full compliance will be achieved. base civil penalties for various reactor, The NRC may waive all or portions of fuel cycle, and materials programs. TABLE 1B.ÐBASE CIVIL PENALTIES a written response to the extent relevant (Civil penalties issued to individuals are information has already been provided determined on a case-by-case basis.) The Base civil to the NRC in writing or documented in structure of these tables generally takes penalty an NRC inspection report. The NRC may into account the gravity of the violation amount require responses to Notices of Violation Severity level (Percent of as a primary consideration and the amount list- to be under oath. Normally, responses ability to pay as a secondary ed in Table under oath will be required only in consideration. Generally, operations 1A) connection with Severity Level I, II, or involving greater nuclear material III violations or orders. inventories and greater potential I ...... 100 The NRC uses the Notice of Violation consequences to the public and licensee II ...... 80 III ...... 50 as the usual method for formalizing the employees receive higher civil existence of a violation. Issuance of a penalties. Regarding the secondary Notice of Violation is normally the only factor of ability of various classes of 2. Civil Penalty Assessment enforcement action taken, except in licensees to pay the civil penalties, it is In an effort to (1) emphasize the cases where the criteria for issuance of not the NRC’s intention that the importance of adherence to civil penalties and orders, as set forth in economic impact of a civil penalty be so requirements and (2) reinforce prompt
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BILLING CODE 7590±01±C with no associated civil penalty. If the licensee-identified, or revealed through a. Initial escalated action. When the corrective action is judged to be less an event; 7 NRC determines that a non-willful than prompt and comprehensive, the (ii) Whether prior opportunities Severity Level III violation or problem Notice of Violation normally should be existed to identify the problem requiring has occurred, and the licensee has not issued with a base civil penalty. corrective action, and if so, the age and had any previous escalated actions number of those opportunities; b. Credit for Actions Related to (iii) Whether the problem was (regardless of the activity area) during Identification. (1) If a Severity Level I or the past 2 years or 2 inspections, revealed as the result of a licensee self- II violation or a willful Severity Level III whichever is longer, the NRC will monitoring effort, such as conducting an violation has occurred—or if, during the consider whether the licensee’s audit, a test, a surveillance, a design past 2 years or 2 inspections, whichever corrective action for the present review, or troubleshooting; violation or problem is reasonably is longer, the licensee has been issued (iv) For a problem revealed through prompt and comprehensive (see the at least one other escalated action—the an event, the ease of discovery, and the discussion under Section VI.B.2.c, civil penalty assessment should degree of licensee initiative in below). Using 2 years as the basis for normally consider the factor of identifying the root cause of the problem and any associated violations; assessment is expected to cover most identification in addition to corrective (v) For NRC-identified issues, whether situations, but considering a slightly action (see the discussion under Section VI.B.2.c, below). As to identification, the licensee would likely have longer or shorter period might be identified the issue in the same time- warranted based on the circumstances the NRC should consider whether the licensee should be given credit for period if the NRC had not been of a particular case. The starting point involved; of this period should be considered the actions related to identification. date when the licensee was put on In each case, the decision should be 7 An ‘‘event,’’ as used here, means (1) an event notice of the need to take corrective focused on identification of the problem characterized by an active adverse impact on action. For a licensee-identified equipment or personnel, readily obvious by human requiring corrective action. In other observation or instrumentation, or (2) a radiological violation or an event, this would be words, although giving credit for impact on personnel or the environment in excess when the licensee is aware that a Identification and Corrective Action of regulatory limits, such as an overexposure, a problem or violation exists requiring should be separate decisions, the release of radioactive material above NRC limits, or corrective action. For an NRC-identified a loss of radioactive material. For example, an concept of Identification presumes that equipment failure discovered through a spill of violation, the starting point would be the identifier recognizes the existence of liquid, a loud noise, the failure to have a system when the NRC puts the licensee on a problem, and understands that respond properly, or an annunciator alarm would notice, which could be during the be considered an event; a system discovered to be corrective action is needed. The inspection, at the inspection exit inoperable through a document review would not. decision on Identification requires Similarly, if a licensee discovered, through meeting, or as part of post-inspection considering all the circumstances of quarterly dosimetry readings, that employees have communication. been inadequately monitored for radiation, the identification including: If the corrective action is judged to be issue would normally be considered licensee- (i) Whether the problem requiring identified; however, if the same dosimetry readings prompt and comprehensive, a Notice of disclosed an overexposure, the issue would be Violation normally should be issued corrective action was NRC-identified, considered an event.
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(vi) For NRC-identified issues, reasonably identified the problem (and through normal surveillances, audits, or whether the licensee should have taken action) earlier? quality assurance (QA) activities; (2) identified the issue (and taken action) In most cases, this reasoning may be through prior notice, i.e., specific NRC earlier; and based simply on the ease of the NRC or industry notification; or (3) through (vii) For cases in which the NRC inspector’s discovery (e.g., conducting a other reasonable indication of a identifies the overall problem requiring walkdown, observing in the control potential problem or violation, such as corrective action (e.g., a programmatic room, performing a confirmatory NRC observations of employees and issue), the degree of licensee initiative radiation survey, hearing a cavitating contractors, and failure to take effective or lack of initiative in identifying the pump, or finding a valve obviously out corrective steps. It may include findings problem or problems requiring of position). In some cases, the of the NRC, the licensee, or industry corrective action. licensee’s missed opportunities to made at other facilities operated by the (2) Although some cases may consider identify the problem might include a licensee where it is reasonable to expect all of the above factors, the importance similar previous violation, NRC or the licensee to take action to identify or of each factor will vary based on the industry notices, internal audits, or prevent similar problems at the facility type of case as discussed in the readily observable trends. subject to the enforcement action at following general guidance: If the NRC identifies the violation but issue. In assessing this factor, (i) Licensee-Identified. When a concludes that, under the consideration will be given to, among problem requiring corrective action is circumstances, the licensee’s actions other things, the opportunities available licensee-identified (i.e., identified related to Identification were not to discover the violation, the ease of before the problem has resulted in an unreasonable, the matter would be discovery, the similarity between the event), the NRC should normally give treated as licensee-identified for violation and the notification, the the licensee credit for actions related to purposes of assessing the civil penalty. period of time between when the identification, regardless of whether In such cases, the question of violation occurred and when the prior opportunities existed to identify Identification credit shifts to whether notification was issued, the action taken the problem. the licensee should be penalized for (or planned) by the licensee in response (ii) Identified Through an Event. NRC’s identification of the problem. to the notification, and the level of When a problem requiring corrective (iv) Mixed Identification. For ‘‘mixed’’ management review that the notification action is identified through an event, identification situations (i.e., where received (or should have received). the decision on whether to give the multiple violations exist, some NRC- The evaluation of missed licensee credit for actions related to identified, some licensee-identified, or opportunities should normally depend identification normally should consider where the NRC prompted the licensee to on whether the information available to the ease of discovery, whether the event take action that resulted in the the licensee should reasonably have occurred as the result of a licensee self- identification of the violation), the caused action that would have monitoring effort (i.e., whether the NRC’s evaluation should normally prevented the violation. Missed licensee was ‘‘looking for the problem’’), determine whether the licensee could opportunities is normally not applied the degree of licensee initiative in reasonably have been expected to where the licensee appropriately identifying the problem or problems identify the violation in the NRC’s reviewed the opportunity for requiring corrective action, and whether absence. This determination should application to its activities and prior opportunities existed to identify consider, among other things, the timing reasonable action was either taken or the problem. of the NRC’s discovery, the information planned to be taken within a reasonable Any of these considerations may be available to the licensee that caused the time. overriding if particularly noteworthy or NRC concern, the specificity of the In some situations the missed particularly egregious. For example, if NRC’s concern, the scope of the opportunity is a violation in itself. In the event occurred as the result of licensee’s efforts, the level of licensee these cases, unless the missed conducting a surveillance or similar resources given to the investigation, and opportunity is a Severity Level III self-monitoring effort (i.e., the licensee whether the NRC’s path of analysis had violation in itself, the missed was looking for the problem), the been dismissed or was being pursued in opportunity violation may be grouped licensee should normally be given credit parallel by the licensee. with the other violations into a single for identification. As a second instance, In some cases, the licensee may have Severity Level III ‘‘problem.’’ However, even if the problem was easily addressed the isolated symptoms of if the missed opportunity is the only discovered (e.g., revealed by a large spill each violation (and may have identified violation, then it should not normally be of liquid), the NRC may choose to give the violations), but failed to recognize counted twice (i.e., both as the violation credit because noteworthy licensee the common root cause and taken the and as a missed opportunity—‘‘double effort was exerted in ferreting out the necessary comprehensive action. Where counting’’) unless the number of root cause and associated violations, or this is true, the decision on whether to opportunities missed was particularly simply because no prior opportunities give licensee credit for actions related to significant. (e.g., procedural cautions, post- Identification should focus on The timing of the missed opportunity maintenance testing, quality control identification of the problem requiring should also be considered. While a rigid failures, readily observable parameter corrective action (e.g., the programmatic time-frame is unnecessary, a 2-year trends, or repeated or locked-in breakdown). As such, depending on the period should generally be considered annunciator warnings) existed to chronology of the various violations, the for consistency in implementation, as identify the problem. earliest of the individual violations the period reflecting relatively current (iii) NRC-Identified. When a problem might be considered missed performance. requiring corrective action is NRC- opportunities for the licensee to have (3) When the NRC determines that the identified, the decision on whether to identified the larger problem. licensee should receive credit for give the licensee credit for actions (v) Missed Opportunities to Identify. actions related to Identification, the related to Identification should Missed opportunities include prior civil penalty assessment should normally be based on an additional notifications or missed opportunities to normally result in either no civil question: should the licensee have identify or prevent violations such as (1) penalty or a base civil penalty, based on
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Suspension Orders may be used: escalated by 100%, depending on the normally be a basis to deny credit for (a) To remove a threat to the public quality of Corrective Action, because the Corrective Action. For cases in which health and safety, common defense and licensee’s performance is clearly not the licensee does not get credit for security, or the environment; acceptable. actions related to Identification because (b) To stop facility construction when, c. Credit for Prompt and the NRC identified the problem, the (i) Further work could preclude or Comprehensive Corrective Action. The assessment of the licensee’s corrective significantly hinder the identification or purpose of the Corrective Action factor action should begin from the time when correction of an improperly constructed is to encourage licensees to (1) take the the NRC put the licensee on notice of safety-related system or component; or immediate actions necessary upon the problem. Notwithstanding eventual (ii) The licensee’s quality assurance discovery of a violation that will restore good comprehensive corrective action, if program implementation is not adequate safety and compliance with the license, immediate corrective action was not to provide confidence that construction regulation(s), or other requirement(s); taken to restore safety and compliance activities are being properly carried out; and (2) develop and implement (in a once the violation was identified, (c) When the licensee has not timely manner) the lasting actions that corrective action would not be responded adequately to other will not only prevent recurrence of the considered prompt and comprehensive. enforcement action; violation at issue, but will be Corrective action for violations (d) When the licensee interferes with appropriately comprehensive, given the involving discrimination should the conduct of an inspection or significance and complexity of the normally only be considered investigation; or violation, to prevent occurrence of comprehensive if the licensee takes (e) For any reason not mentioned violations with similar root causes. prompt, comprehensive corrective above for which license revocation is Regardless of other circumstances action that (1) addresses the broader legally authorized. (e.g., past enforcement history, environment for raising safety concerns Suspensions may apply to all or part identification), the licensee’s corrective in the workplace, and (2) provides a of the licensed activity. Ordinarily, a actions should always be evaluated as remedy for the particular discrimination licensed activity is not suspended (nor part of the civil penalty assessment at issue. is a suspension prolonged) for failure to process. As a reflection of the In response to violations of 10 CFR comply with requirements where such importance given to this factor, an NRC 50.59, corrective action should normally failure is not willful and adequate judgment that the licensee’s corrective be considered prompt and corrective action has been taken. action has not been prompt and comprehensive only if the licensee 3. Revocation Orders may be used: comprehensive will always result in (i) Makes a prompt decision on (a) When a licensee is unable or issuing at least a base civil penalty. operability; and either unwilling to comply with NRC In assessing this factor, consideration (ii) Makes a prompt evaluation under requirements; will be given to the timeliness of the 10 CFR 50.59 if the licensee intends to (b) When a licensee refuses to correct corrective action (including the maintain the facility or procedure in the a violation; promptness in developing the schedule as found condition; or (c) When licensee does not respond to for long term corrective action), the (iii) Promptly initiates corrective a Notice of Violation where a response adequacy of the licensee’s root cause action consistent with Criterion XVI of was required; analysis for the violation, and given the 10 CFR 50, Appendix B, if it intends to (d) When a licensee refuses to pay an significance and complexity of the restore the facility or procedure to the applicable fee under the Commission’s issue, the comprehensiveness of the FSAR description. regulations; or corrective action (i.e., whether the d. Exercise of Discretion. As provided (e) For any other reason for which action is focused narrowly to the in Section VII, ‘‘Exercise of Discretion,’’ revocation is authorized under section specific violation or broadly to the discretion may be exercised by either 186 of the Atomic Energy Act (e.g., any general area of concern). Even in cases escalating or mitigating the amount of condition which would warrant refusal when the NRC, at the time of the the civil penalty determined after of a license on an original application). enforcement conference, identifies applying the civil penalty adjustment 4. Cease and Desist Orders may be additional peripheral or minor factors to ensure that the proposed civil used to stop an unauthorized activity corrective action still to be taken, the penalty reflects all relevant that has continued after notification by licensee may be given credit in this area, circumstances of the particular case. the NRC that the activity is as long as the licensee’s actions However, in no instance will a civil unauthorized. addressed the underlying root cause and penalty for any one violation exceed 5. Orders to non-licensees, including are considered sufficient to prevent $110,000 per day. contractors and subcontractors, holders recurrence of the violation and similar of NRC approvals, e.g., certificates of violations. C. Orders compliance, early site permits, standard Normally, the judgment of the An order is a written NRC directive to design certificates, or applicants for any adequacy of corrective actions will modify, suspend, or revoke a license; to of them, and to employees of any of the hinge on whether the NRC had to take cease and desist from a given practice or foregoing, are used when the NRC has action to focus the licensee’s evaluative activity; or to take such other action as identified deliberate misconduct that and corrective process in order to obtain may be proper (see 10 CFR 2.202). may cause a licensee to be in violation comprehensive corrective action. This Orders may also be issued in lieu of, or of an NRC requirement or where will normally be judged at the time of in addition to, civil penalties, as incomplete or inaccurate information is
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Confirmatory Action Letters are be considered include, but are not requirements with that person involved letters confirming a licensee’s or limited to the following: in licensed activities. contractor’s agreement to take certain (a) Problems categorized at Severity Unless a separate response is actions to remove significant concerns Level I or II; warranted pursuant to 10 CFR 2.201, a about health and safety, safeguards, or (b) Overexposures, or releases of Notice of Violation need not be issued the environment. radiological material in excess of NRC where an order is based on violations 4. Letters of Reprimand are letters requirements; described in the order. The violations addressed to individuals subject to (c) Situations involving particularly described in an order need not be Commission jurisdiction identifying a poor licensee performance, or involving categorized by severity level. significant deficiency in their willfulness; Orders are made effective performance of licensed activities. (d) Situations when the licensee’s immediately, without prior opportunity 5. Demands for Information are previous enforcement history has been for hearing, whenever it is determined demands for information from licensees particularly poor, or when the current that the public health, interest, or safety or other persons for the purpose of violation is directly repetitive of an so requires, or when the order is enabling the NRC to determine whether earlier violation; responding to a violation involving an order or other enforcement action (e) Situations when the violation willfulness. Otherwise, a prior should be issued. results in a substantial increase in risk, opportunity for a hearing on the order including cases in which the duration of is afforded. For cases in which the NRC VII. Exercise of Discretion the violation has contributed to the believes a basis could reasonably exist Notwithstanding the normal guidance substantial increase; for not taking the action as proposed, contained in this policy, as provided in (f) Situations when the licensee made the licensee will ordinarily be afforded Section III, ‘‘Responsibilities,’’ the NRC a conscious decision to be in an opportunity to show why the order may choose to exercise discretion and noncompliance in order to obtain an should not be issued in the proposed either escalate or mitigate enforcement economic benefit; manner by way of a Demand for sanctions within the Commission’s (g) Cases involving the loss of a Information. (See 10 CFR 2.204) statutory authority to ensure that the source. In addition, unless the licensee resulting enforcement action takes into self-identifies and reports the loss to the D. Related Administrative Actions consideration all of the relevant NRC, these cases should normally result In addition to the formal enforcement circumstances of the particular case. in a civil penalty in an amount at least actions, Notices of Violation, civil in the order of the cost of an authorized A. Escalation of Enforcement Sanctions penalties, and orders, the NRC also uses disposal of the material or of the transfer administrative actions, such as Notices The NRC considers violations of the material to an authorized of Deviation, Notices of categorized at Severity Level I, II, or III recipient; or Nonconformance, Confirmatory Action to be of significant regulatory concern. (h) Severity Level II or III violations Letters, Letters of Reprimand, and If the application of the normal associated with departures from the Demands for Information to supplement guidance in this policy does not result Final Safety Analysis Report identified its enforcement program. The NRC in an appropriate sanction, with the after March 30, 2000, for risk-significant expects licensees and contractors to approval of the Deputy Executive items as defined by the licensee’s adhere to any obligations and Director and consultation with the EDO maintenance rule program and March commitments resulting from these and Commission, as warranted, the NRC 30, 2001, for all other issues. Such a actions and will not hesitate to issue may apply its full enforcement authority violation or problem would consider the appropriate orders to ensure that these where the action is warranted. NRC number and nature of the violations, the obligations and commitments are met. action may include (1) escalating civil severity of the violations, whether the 1. Notices of Deviation are written penalties; (2) issuing appropriate orders; violations were continuing, and who notices describing a licensee’s failure to and (3) assessing civil penalties for identified the violations (and if the satisfy a commitment where the continuing violations on a per day basis, licensee identified the violation, commitment involved has not been up to the statutory limit of $110,000 per whether exercise of Section VII.B.3 made a legally binding requirement. A violation, per day. enforcement discretion is warranted.) Notice of Deviation requests a licensee to provide a written explanation or 1. Civil Penalties 2. Orders statement describing corrective steps Notwithstanding the outcome of the The NRC may, where necessary or taken (or planned), the results achieved, normal civil penalty assessment process desirable, issues orders in conjunction and the date when corrective action will addressed in Section VI.B, the NRC may with or in lieu of civil penalties to be completed. exercise discretion by either proposing achieve or formalize corrective actions 2. Notices of Nonconformance are a civil penalty where application of the and to deter further recurrence of written notices describing contractors’ factors would otherwise result in zero serious violations. failures to meet commitments which penalty or by escalating the amount of have not been made legally binding the resulting civil penalty (i.e., base or 3. Daily Civil Penalties requirements by NRC. An example is a twice the base civil penalty) to ensure To recognize the added significance commitment made in a procurement that the proposed civil penalty reflects for those cases where a very strong contract with a licensee as required by the significance of the circumstances. message is warranted for a significant 10 CFR Part 50, Appendix B. Notices of The Commission will be notified if the violation that continues for more than Nonconformances request non-licensees deviation in the amount of the civil one day, the NRC may exercise to provide written explanations or penalty proposed under this discretion discretion and assess a separate statements describing corrective steps from the amount of the civil penalty violation and attendant civil penalty up (taken or planned), the results achieved, assessed under the normal process is to the statutory limit of $110,000 for the dates when corrective actions will more than two times the base civil each day the violation continues. The
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NRC may exercise this discretion if a Notwithstanding that this is the normal (ii) The violation involved the acts of licensee was aware or clearly should policy, the disposition of a Severity a low-level individual (and not a have been aware of a violation, or if the Level IV violation as an NCV is still an licensee official as defined in Section licensee had an opportunity to identify exercise of discretion, in that the agency IV.A); and correct the violation but failed to do is making a conscious decision not to (iii) The violation appears to be the so. issue a legal citation (Notice of isolated action of the employee without Violation) for a violation of the management involvement and the B. Mitigation of Enforcement Sanctions requirements. Severity Level IV violation was not caused by lack of The NRC may exercise discretion and violations will be described in management oversight as evidenced by refrain from issuing a civil penalty and/ inspection reports, although the NRC either a history of isolated willful or a Notice of Violation after will close these violations based on violations or a lack of adequate audits considering the general principles of their being entered into the licensee’s or supervision of employees; and this statement of policy and the corrective action program. At the time a (iv) Significant remedial action surrounding circumstances. The violation is closed in an inspection commensurate with the circumstances approval of the Director, Office of report, the licensee may not have was taken by the licensee such that it Enforcement, with consultation with the completed its corrective actions or demonstrated the seriousness of the Deputy Executive Director as warranted, begun the process to identify the root violation to other employees and is required for exercising discretion of cause and develop action to prevent contractors, thereby creating a deterrent the type described in Sections VII.B.1.a recurrence. Licensee actions will be effect within the licensee’s organization. and VII.B.1.h where a willful violation taken commensurate with the b.–g. [Reserved] is involved, and of the types described established priorities and processes of h. All Other Licensees. The NRC, with in Sections VII.B.2 through VII.B.6. The the licensee’s corrective action program. the approval of the Regional circumstances under which mitigation The NRC inspection program will Administrator or his or her designee, discretion should be considered provide an assessment of the may refrain from issuing an NOV for a include, but are not limited to the effectiveness of the corrective action Severity Level IV violation that is following: program. In addition to documentation documented in an inspection report (or in inspection reports, violations will be official field notes for some material 1. Non-Cited Violations (NCVs) entered into the Plant Issues Matrix cases) and described therein as an NCV A Non-Cited Violation (NCV) is (PIM) that the NRC maintains for each provided that the inspection report defined as a Severity Level IV violation facility to assist in identifying declining includes a brief description of the for which the staff chooses to exercise performance and determining corrective action and that the violation discretion in accordance with the repetitiveness. meets all of the following criteria: Enforcement Policy and refrain from Because the NRC will not normally 1. It was identified by the licensee; 8 issuing a Notice of Violation pursuant to obtain a written response from licensees 2. It was not a violation that could 10 CFR 2.201. describing actions taken to restore reasonably be expected to have been Severity Level IV violations are compliance and prevent recurrence of prevented by the licensee’s corrective defined in the Enforcement Policy as Severity Level IV violations, this action for a previous violation or a violations of more than minor concern. enforcement approach places greater previous licensee finding that occurred Violations at Severity Level IV involve NRC reliance on licensee corrective within the past 2 years of the inspection noncompliance with NRC requirements action programs. Therefore, at issue, or the period within the last that are not considered significant based notwithstanding the normal approach of two inspections, whichever is longer; 3. It was or will be corrected within on risk. This should not be treating most Severity Level IV a reasonable time, by specific corrective misunderstood to imply that Severity violations as NCVs, the NRC has action committed to by the licensee by Level IV issues have no risk identified four circumstances in which the end of the inspection, including significance. a written response to a Severity Level IV immediate corrective action and Exercising this type of discretion for violation may be important. Any one of comprehensive corrective action to Severity Level IV violations does not the following circumstances will result eliminate the NRC’s emphasis on prevent recurrence; and in consideration of a Notice of Violation 4. It was not a willful violation or if compliance with requirements nor the (NOV) requiring a formal written importance of maintaining safety. NRC it was a willful violation; response from a licensee. (i) The information concerning the inspectors will continue to identify and 1. The licensee failed to restore violation, if not required to be reported, document Severity Level IV violations compliance within a reasonable time was promptly provided to appropriate associated with matters they inspect. after a violation was identified. NRC personnel, such as a resident Doing so prompts licensees to take 2. The licensee did not place the inspector or regional section or branch corrective actions and assures the public violation into a corrective action chief; that violations are not ignored. This program to address recurrence. (ii) The violation involved the acts of type of discretion is merely an option 3. The violation is repetitive as a a low-level individual (and not a for dispositioning Severity Level IV result of inadequate corrective action, licensee official as defined in Section violations; it does not change the and was identified by the NRC. IV.A); threshold for Severity Level IV 4. The violation was willful. (iii) The violation appears to be the violations. This approach will allow Notwithstanding willfulness, an NCV isolated action of the employee without licensees to dispute violations described may still be appropriate if: as NCVs. (i) The licensee identified the 8 Discretion is not warranted when a licensee The specific criteria for exercising violation and the information identifies a violation as a result of an event where NCV discretion is described in the concerning the violation, if not required the root cause of the event is obvious or the licensee sections below. to be reported, was promptly provided had prior opportunity to identify the problem but failed to take action that would have prevented the a. Power Reactor Licensees. Severity to appropriate NRC personnel, such as event. Discretion may be warranted if the licensee Level IV violations at power reactors a resident inspector or regional section demonstrated initiative in identifying the will normally be dispositioned as NCVs. or branch chief; violation’s root cause.
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Violations Identified Due to Previous violation was not caused by lack of including immediate corrective action Enforcement Action management oversight as evidenced by and long term comprehensive corrective The NRC may refrain from issuing a either a history of isolated willful action to prevent recurrence, within a Notice of Violation or a proposed civil violations or a lack of adequate audits reasonable time following identification penalty for a violation that is identified or supervision of employees; and (this action should involve expanding after the NRC has taken enforcement (iv) Significant remedial action the initiative, as necessary, to identify action, provided that the violation is commensurate with the circumstances other failures caused by similar root documented in an inspection report (or was taken by the licensee such that it causes); and official field notes for some material demonstrated the seriousness of the (c) It was not likely to be identified cases) that includes a description of the violation to other employees and (after the violation occurred) by routine corrective action and that it meets all of contractors, thereby creating a deterrent licensee efforts such as normal the following criteria: effect within the licensee’s organization. surveillance or quality assurance (QA) (a) It was licensee-identified as part of 2. Violations Identified During Extended activities. the corrective action for the previous Shutdowns or Work Stoppages In addition, the NRC may refrain from enforcement action; issuing a Notice of Violation for a (b) It has the same or similar root The NRC may refrain from issuing a Severity Level II, III, or IV violation that cause as the violation for which Notice of Violation or a proposed civil meets the above criteria provided the enforcement action was issued; penalty for a violation that is identified violation was caused by conduct that is (c) It does not substantially change the after (i) the NRC has taken significant not reasonably linked to present safety significance or the character of enforcement action based upon a major performance (normally, violations that the regulatory concern arising out of the safety event contributing to an extended are at least 3 years old or violations initial violation; and shutdown of an operating reactor or a occurring during plant construction) (d) It was or will be corrected, material licensee (or a work stoppage at and there had not been prior notice so including immediate corrective action a construction site), or (ii) the licensee that the licensee should have reasonably and long term comprehensive corrective enters an extended shutdown or work identified the violation earlier. This action to prevent recurrence, within a stoppage related to generally poor exercise of discretion is to place a reasonable time following identification. performance over a long period of time, premium on licensees initiating efforts (e) It would not be categorized at provided that the violation is to identify and correct subtle violations Severity Level I. documented in an inspection report (or that are not likely to be identified by 5. Violations Involving Certain official field notes for some material routine efforts before degraded safety Discrimination Issues cases) and that it meets all of the systems are called upon to work. following criteria: Section VII.B.3 discretion would not Enforcement discretion may be (a) It was either licensee-identified as normally be applied to departures from exercised for discrimination cases when a result of a comprehensive program for the FSAR if: a licensee who, without the need for problem identification and correction (a) The NRC identifies the violation, government intervention, identifies an that was developed in response to the unless it was likely in the staff’s view issue of discrimination and takes shutdown or identified as a result of an that the licensee would have identified prompt, comprehensive, and effective employee allegation to the licensee; (If the violation in light of the defined corrective action to address both the the NRC identifies the violation and all scope, thoroughness, and schedule of particular situation and the overall work of the other criteria are met, the NRC the licensee’s initiative provided the environment for raising safety concerns. should determine whether enforcement schedule provides for completion of the Similarly, enforcement may not be action is necessary to achieve remedial licensee’s initiative by March 30, 2000, warranted where a complaint is filed action, or if discretion may still be for risk-significant items as defined by with the Department of Labor (DOL) appropriate.) the licensee’s maintenance rule program under Section 211 of the Energy (b) It is based upon activities of the and by March 30, 2001, for all other Reorganization Act of 1974, as licensee prior to the events leading to issues; amended, but the licensee settles the the shutdown; matter before the DOL makes an initial (b) The licensee identifies the (c) It would not be categorized at finding of discrimination and addresses violation as a result of an event or Severity Level I; the overall work environment. surveillance or other required testing (d) It was not willful; and Alternatively, if a finding of where required corrective action (e) The licensee’s decision to restart discrimination is made, the licensee identifies the FSAR issue; the plant requires NRC concurrence. may choose to settle the case before the (c) The licensee identifies the evidentiary hearing begins. In such 3. Violations Involving Old Design violation but had prior opportunities to cases, the NRC may exercise its Issues do so (was aware of the departure from discretion not to take enforcement The NRC may refrain from proposing the FSAR) and failed to correct it earlier; action when the licensee has addressed a civil penalty for a Severity Level II or (d) There is willfulness associated the overall work environment for raising III violation involving a past problem, with the violation; safety concerns and has publicized that such as in engineering, design, or (e) The licensee fails to make a report a complaint of discrimination for installation, provided that the violation required by the identification of the engaging in protected activity was made is documented in an inspection report departure from the FSAR; or to the DOL, that the matter was settled (or official field notes for some material (f) The licensee either fails to take to the satisfaction of the employee (the cases) that includes a description of the comprehensive corrective action or fails terms of the specific settlement corrective action and that it meets all of to appropriately expand the corrective agreement need not be posted), and that, the following criteria: action program. The corrective action if the DOL Area Office found (a) It was a licensee-identified as a should be broad with a defined scope discrimination, the licensee has taken result of its voluntary initiative; and schedule. action to positively reemphasize that
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Such discretion would normally with a Technical Specification (TS) requires the NRC staff to process an not be exercised in cases in which the Limiting Condition for Operation or emergency or exigent license licensee does not appropriately address with other license conditions would amendment under the provisions of 10 the overall work environment (e.g., by involve an unnecessary plant transient CFR 50.91(a)(5) or (6) or a certificate using training, postings, revised policies or performance of testing, inspection, or amendment under 10 CFR 76.45. The person exercising enforcement or procedures, any necessary system realignment that is inappropriate with the specific plant conditions, or discretion will document the decision. disciplinary action, etc., to For an operating reactor, this exercise unnecessary delays in plant startup communicate its policy against of enforcement discretion is intended to without a corresponding health and discrimination) or in cases that involve: minimize the potential safety allegations of discrimination as a result safety benefit. Similarly, for a gaseous consequences of unnecessary plant of providing information directly to the diffusion plant (GDP), circumstances transients with the accompanying NRC, allegations of discrimination may arise where compliance with a operational risks and impacts or to caused by a manager above first-line Technical Safety Requirement (TSR) or eliminate testing, inspection, or system supervisor (consistent with current technical specification or other realignment which is inappropriate for Enforcement Policy classification of certificate condition would the particular plant conditions. For unnecessarily call for a total plant Severity Level I or II violations), plants in a shutdown condition, shutdown or, notwithstanding that a allegations of discrimination where a exercising enforcement discretion is safety, safeguards or security feature history of findings of discrimination (by intended to reduce shutdown risk by, was degraded or inoperable, compliance the DOL or the NRC) or settlements again, avoiding testing, inspection or would unnecessarily place the plant in system realignment which is suggests a programmatic rather than an a transient or condition where those isolated discrimination problem, or inappropriate for the particular plant features could be required. conditions, in that, it does not provide allegations of discrimination which In these circumstances, the NRC staff appear particularly blatant or egregious. a safety benefit or may, in fact, be may choose not to enforce the detrimental to safety in the particular 6. Violations Involving Special applicable TS, TSR, or other license or plant condition. Exercising enforcement Circumstances certificate condition. This enforcement discretion for plants attempting to discretion, designated as a Notice of startup is less likely than exercising it Notwithstanding the outcome of the Enforcement Discretion (NOED), will for an operating plant, as simply normal enforcement process addressed only be exercised if the NRC staff is delaying startup does not usually leave in Section VI.A or the normal civil clearly satisfied that the action is the plant in a condition in which it penalty assessment process addressed in consistent with protecting the public could experience undesirable transients. Section VI.B, the NRC may reduce or health and safety. The staff may also In such cases, the Commission would refrain from issuing a civil penalty or a grant enforcement discretion in cases expect that discretion would be Notice of Violation for a Severity Level involving severe weather or other exercised with respect to equipment or II, III, or IV violation based on the merits natural phenomena, based upon systems only when it has at least balancing the public health and safety of the case after considering the concluded that, notwithstanding the or common defense and security of not guidance in this statement of policy and conditions of the license: (1) The operating, against the potential such factors as the age of the violation, equipment or system does not perform radiological or other hazards associated a safety function in the mode in which the significance of the violation, the with continued operation, and a clarity of the requirement, the operation is to occur; (2) the safety determination that safety will not be function performed by the equipment or appropriateness of the requirement, the impacted unacceptably by exercising system is of only marginal safety overall sustained performance of the this discretion. The Commission is to be benefit, provided remaining in the licensee has been particularly good, and informed expeditiously following the current mode increases the likelihood of other relevant circumstances, including granting of an NOED in such situations. an unnecessary plant transient; or (3) any that may have changed since the A licensee or certificate holder seeking the TS or other license condition violation. This discretion is expected to the issuance of a NOED must provide a requires a test, inspection or system be exercised only where application of written justification, or in circumstances realignment that is inappropriate for the the normal guidance in the policy is where good cause is shown, oral particular plant conditions, in that it unwarranted. In addition, the NRC may justification followed as soon as does not provide a safety benefit, or refrain from issuing enforcement action possible by written justification, which may, in fact, be detrimental to safety in for violations resulting from matters not documents the safety basis for the the particular plant condition. within a licensee’s control, such as request and provides whatever other For GDPs, the exercise of enforcement equipment failures that were not information the NRC staff deems discretion would be used where avoidable by reasonable licensee quality necessary in making a decision on compliance with a certificate condition assurance measures or management whether to issue a NOED. would involve an unnecessary plant controls. Generally, however, licensees The appropriate Regional shutdown or, notwithstanding that a are held responsible for the acts of their Administrator, or his or her designee, safety, safeguards or security feature employees and contractors. may issue a NOED where the was degraded or inoperable, compliance noncompliance is temporary and would unnecessarily place the plant in Accordingly, this policy should not be nonrecurring when an amendment is a transient or condition where those construed to excuse personnel or not practical. The Director, Office of features could be required. Such contractor errors. Nuclear Reactor Regulation or Office of regulatory flexibility is needed because
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Although portions can be shut responsibility; knew, or should have • Willfully causing a licensee to be in down for maintenance, the staff has known, the required actions; and violation of NRC requirements. been informed by the certificate holder knowingly, or with careless disregard • Willfully taking action that would that restart from a total plant shutdown (i.e., with more than mere negligence) have caused a licensee to be in violation may not be practical and the staff agrees failed to take required actions which of NRC requirements but the action did that the design of a GDP does not make have actual or potential safety not do so because it was detected and restart practical. Hence, the decision to significance. Most transgressions of corrective action was taken. place either GDP in plant-wide individuals at the level of Severity Level • Recognizing a violation of shutdown condition would be made III or IV violations will be handled by procedural requirements and willfully only after determining that there is citing only the facility licensee. not taking corrective action. • inadequate safety, safeguards, or More serious violations, including Willfully defeating alarms which those involving the integrity of an have safety significance. security and considering the total • impact of the shutdown on safety, the individual (e.g., lying to the NRC) Unauthorized abandoning of reactor controls. environment, safeguards, and security. concerning matters within the scope of • A NOED would not be used for the individual’s responsibilities, will be Dereliction of duty. • Falsifying records required by NRC noncompliances with other than considered for enforcement action against the individual as well as against regulations or by the facility license. certificate requirements, or for • Willfully providing, or causing a the facility licensee. Action against the situations where the certificate holder licensee to provide, an NRC inspector or individual, however, will not be taken cannot demonstrate adequate safety, investigator with inaccurate or if the improper action by the individual safeguards, or security. incomplete information on a matter The decision to exercise enforcement was caused by management failures. material to the NRC. discretion does not change the fact that The following examples of situations • Willfully withholding safety a violation will occur nor does it imply illustrate this concept: significant information rather than • Inadvertent individual mistakes that enforcement discretion is being making such information known to resulting from inadequate training or exercised for any violation that may appropriate supervisory or technical guidance provided by the facility have led to the violation at issue. In personnel in the licensee’s organization. each case where the NRC staff has licensee. • Submitting false information and as • Inadvertently missing an chosen to issue a NOED, enforcement a result gaining unescorted access to a action will normally be taken for the insignificant procedural requirement nuclear power plant. root causes, to the extent violations when the action is routine, fairly • Willfully providing false data to a were involved, that led to the uncomplicated, and there is no unusual licensee by a contractor or other person noncompliance for which enforcement circumstance indicating that the who provides test or other services, discretion was used. The enforcement procedures should be referred to and when the data affects the licensee’s action is intended to emphasize that followed step-by-step. • compliance with 10 CFR Part 50, licensees and certificate holders should Compliance with an express Appendix B, or other regulatory not rely on the NRC’s authority to direction of management, such as the requirement. exercise enforcement discretion as a Shift Supervisor or Plant Manager, • Willfully providing false routine substitute for compliance or for resulted in a violation unless the certification that components meet the requesting a license or certificate individual did not express his or her requirements of their intended use, such amendment. concern or objection to the direction. • as ASME Code. Finally, it is expected that the NRC Individual error directly resulting • Willfully supplying, by contractors staff will exercise enforcement from following the technical advice of of equipment for transportation of discretion in this area infrequently. an expert unless the advise was clearly radioactive material, casks that do not Although a plant must shut down, unreasonable and the licensed comply with their certificates of refueling activities may be suspended, individual should have recognized it as compliance. or plant startup may be delayed, absent such. • Willfully performing unauthorized • the exercise of enforcement discretion, Violations resulting from bypassing of required reactor or other the NRC staff is under no obligation to inadequate procedures unless the facility safety systems. take such a step merely because it has individual used a faulty procedure • Willfully taking actions that violate been requested. The decision to forego knowing it was faulty and had not Technical Specification Limiting enforcement is discretionary. When attempted to get the procedure Conditions for Operation or other enforcement discretion is to be corrected. license conditions (enforcement action exercised, it is to be exercised only if Listed below are examples of for a willful violation will not be taken the NRC staff is clearly satisfied that situations which could result in if that violation is the result of action such action is warranted from a health enforcement actions involving taken following the NRC’s decision to and safety perspective. individuals, licensed or unlicensed. If forego enforcement of the Technical the actions described in these examples Specification or other license condition VIII. Enforcement Actions Involving are taken by a licensed operator or taken or if the operator meets the Individuals deliberately by an unlicensed requirements of 10 CFR 50.54 (x), (i.e., Enforcement actions involving individual, enforcement action may be unless the operator acted unreasonably individuals, including licensed taken directly against the individual. considering all the relevant operators, are significant personnel However, violations involving willful circumstances surrounding the actions, which will be closely controlled conduct not amounting to deliberate emergency.) and judiciously applied. An action by an unlicensed individual in Normally, some enforcement action is enforcement action involving an these situations may result in taken against a licensee for violations
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In deciding of time (normally the period of In the case of an unlicensed person, whether to issue an enforcement action suspension would not exceed 5 years) or whether a firm or an individual, an to an unlicensed person as well as to the until certain conditions are satisfied, order modifying the facility license may licensee, the NRC recognizes that e.g., completing specified training or be issued to require (1) the removal of judgments will have to be made on a meeting certain qualifications. the person from all licensed activities case by case basis. In making these • Require notification to the NRC for a specified period of time or decisions, the NRC will consider factors before resuming work in licensed indefinitely, (2) prior notice to the NRC such as the following: activities. before utilizing the person in licensed 1. The level of the individual within • Require the person to tell a activities, or (3) the licensee to provide the organization. prospective employer or customer notice of the issuance of such an order 2. The individual’s training and engaged in licensed activities that the to other persons involved in licensed experience as well as knowledge of the person has been subject to an NRC activities making reference inquiries. In potential consequences of the order. addition, orders to employers might wrongdoing. In the case of a licensed operator’s require retraining, additional oversight, 3. The safety consequences of the failure to meet applicable fitness-for- or independent verification of activities misconduct. 4. The benefit to the wrongdoer, e.g., duty requirements (10 CFR 55.53(j)), the performed by the person, if the person personal or corporate gain. NRC may issue a Notice of Violation or is to be involved in licensed activities. 5. The degree of supervision of the a civil penalty to the Part 55 licensee, IX. Inaccurate and Incomplete individual, i.e., how closely is the or an order to suspend, modify, or Information individual monitored or audited, and revoke the Part 55 license. These actions the likelihood of detection (such as a may be taken the first time a licensed A violation of the regulations radiographer working independently in operator fails a drug or alcohol test, that involving submittal of incomplete and/ the field as contrasted with a team is, receives a confirmed positive test or inaccurate information, whether or activity at a power plant). that exceeds the cutoff levels of 10 CFR not considered a material false 6. The employer’s response, e.g., Part 26 or the facility licensee’s cutoff statement, can result in the full range of disciplinary action taken. levels, if lower. However, normally only enforcement sanctions. The labeling of a 7. The attitude of the wrongdoer, e.g., a Notice of Violation will be issued for communication failure as a material admission of wrongdoing, acceptance of the first confirmed positive test in the false statement will be made on a case- responsibility. absence of aggravating circumstances by-case basis and will be reserved for 8. The degree of management such as errors in the performance of egregious violations. Violations responsibility or culpability. licensed duties or evidence of prolonged involving inaccurate or incomplete 9. Who identified the misconduct. use. In addition, the NRC intends to information or the failure to provide Any proposed enforcement action issue an order to suspend the Part 55 significant information identified by a involving individuals must be issued license for up to 3 years the second time licensee normally will be categorized with the concurrence of the Deputy a licensed operator exceeds those cutoff based on the guidance herein, in Section Executive Director. The particular levels. In the event there are less than IV, ‘‘Significance of Violations,’’ and in sanction to be used should be 3 years remaining in the term of the Supplement VII. determined on a case-by-case basis.9 individual’s license, the NRC may The Commission recognizes that oral Notices of Violation and Orders are consider not renewing the individual’s information may in some situations be examples of enforcement actions that license or not issuing a new license after inherently less reliable than written may be appropriate against individuals. the three year period is completed. The submittals because of the absence of an The administrative action of a Letter of NRC intends to issue an order to revoke opportunity for reflection and Reprimand may also be considered. In the Part 55 license the third time a management review. However, the addition, the NRC may issue Demands licensed operator exceeds those cutoff Commission must be able to rely on oral for Information to gather information to levels. A licensed operator or applicant communications from licensee officials enable it to determine whether an order who refuses to participate in the drug concerning significant information. or other enforcement action should be and alcohol testing programs Therefore, in determining whether to issued. established by the facility licensee or take enforcement action for an oral Orders to NRC-licensed reactor who is involved in the sale, use, or statement, consideration may be given operators may involve suspension for a possession of an illegal drug is also to factors such as (1) the degree of specified period, modification, or subject to license suspension, knowledge that the communicator revocation of their individual licenses. revocation, or denial. should have had, regarding the matter, Orders to unlicensed individuals might In addition, the NRC may take in view of his or her position, training, include provisions that would; enforcement action against a licensee and experience; (2) the opportunity and that may impact an individual, where time available prior to the 9 Except for individuals subject to civil penalties under section 206 of the Energy Reorganization Act the conduct of the individual places in communication to assure the accuracy of 1974, as amended, NRC will not normally impose question the NRC’s reasonable or completeness of the information; (3) a civil penalty against an individual. However, assurance that licensed activities will be the degree of intent or negligence, if section 234 of the Atomic Energy Act (AEA) gives properly conducted. The NRC may take any, involved; (4) the formality of the the Commission authority to impose civil penalties on ‘‘any person.’’ ‘‘Person’’ is broadly defined in enforcement action for reasons that communication; (5) the reasonableness Section 11s of the AEA to include individuals, a would warrant refusal to issue a license of NRC reliance on the information; (6) variety of organizations, and any representatives or on an original application. Accordingly, the importance of the information agents. This gives the Commission authority to appropriate enforcement actions may be which was wrong or not provided; and impose civil penalties on employees of licensees or on separate entities when a violation of a taken regarding matters that raise issues (7) the reasonableness of the requirement directly imposed on them is of integrity, competence, fitness-for- explanation for not providing complete committed. duty, or other matters that may not and accurate information.
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Absent at least careless disregard, an submittal was in error and does not failures to ensure that their contractors incomplete or inaccurate unsworn oral correct it or if there were clear have programs that meet applicable statement normally will not be subject opportunities to identify the error. If requirements. Notices of Violation will to enforcement action unless it involves information not corrected was be issued for contractors who violate 10 significant information provided by a recognized by a licensee as significant, CFR Part 21. Civil penalties will be licensee official. However, enforcement a separate citation may be made for the imposed against individual directors or action may be taken for an failure to provide significant responsible officers of a contractor unintentionally incomplete or information. In any event, in serious organization who knowingly and inaccurate oral statement provided to cases where the licensee’s actions in not consciously fail to provide the notice the NRC by a licensee official or others correcting or providing information required by 10 CFR 21.21(d)(1). Notices on behalf of a licensee, if a record was raise questions about its commitment to of Violation or orders will be used made of the oral information and safety or its fundamental against non-licensees who are subject to provided to the licensee thereby trustworthiness, the Commission may the specific requirements of Part 72. permitting an opportunity to correct the exercise its authority to issue orders Notices of Nonconformance will be used oral information, such as if a transcript modifying, suspending, or revoking the for contractors who fail to meet of the communication or meeting license. The Commission recognizes commitments related to NRC activities summary containing the error was made that enforcement determinations must but are not in violation of specific available to the licensee and was not be made on a case-by-case basis, taking requirements. subsequently corrected in a timely into consideration the issues described manner. in this section. XI. Referrals to the Department of When a licensee has corrected Justice inaccurate or incomplete information, X. Enforcement Action Against Non- Licensees Alleged or suspected criminal the decision to issue a Notice of violations of the Atomic Energy Act The Commission’s enforcement policy Violation for the initial inaccurate or (and of other relevant Federal laws) are is also applicable to non-licensees, incomplete information normally will referred to the Department of Justice including contractors and be dependent on the circumstances, (DOJ) for investigation. Referral to the subcontractors, holders of NRC including the ease of detection of the DOJ does not preclude the NRC from approvals, e.g., certificates of error, the timeliness of the correction, taking other enforcement action under compliance, early site permits, standard whether the NRC or the licensee this policy. However, enforcement design certificates, quality assurance identified the problem with the actions will be coordinated with the program approvals, or applicants for any communication, and whether the NRC DOJ in accordance with the of them, and to employees of any of the relied on the information prior to the Memorandum of Understanding correction. Generally, if the matter was foregoing, who knowingly provide between the NRC and the DOJ, 53 FR promptly identified and corrected by components, equipment, or other goods 50317 (December 14, 1988). the licensee prior to reliance by the or services that relate to a licensee’s NRC, or before the NRC raised a activities subject to NRC regulation. The XII. Public Disclosure of Enforcement question about the information, no prohibitions and sanctions for any of Actions enforcement action will be taken for the these persons who engage in deliberate initial inaccurate or incomplete misconduct or knowing submission of Enforcement actions and licensees’ information. On the other hand, if the incomplete or inaccurate information responses, in accordance with 10 CFR misinformation is identified after the are provided in the rule on deliberate 2.790, are publicly available for NRC relies on it, or after some question misconduct, e.g., 10 CFR 30.10 and 50.5. inspection. In addition, press releases is raised regarding the accuracy of the Contractors who supply products or are generally issued for orders and civil information, then some enforcement services provided for use in nuclear penalties and are issued at the same action normally will be taken even if it activities are subject to certain time the order or proposed imposition is in fact corrected. However, if the requirements designed to ensure that of the civil penalty is issued. In initial submittal was accurate when the products or services supplied that addition, press releases are usually made but later turns out to be erroneous could affect safety are of high quality. issued when a proposed civil penalty is because of newly discovered Through procurement contracts with withdrawn or substantially mitigated by information or advance in technology, a licensees, suppliers may be required to some amount. Press releases are not citation normally would not be have quality assurance programs that normally issued for Notices of Violation appropriate if, when the new meet applicable requirements, e.g., 10 that are not accompanied by orders or information became available or the CFR Part 50, Appendix B, and 10 CFR proposed civil penalties. advancement in technology was made, Part 71, Subpart H. Contractors XIII. Reopening Closed Enforcement the initial submittal was corrected. supplying certain products or services Actions The failure to correct inaccurate or to licensees are subject to the incomplete information which the requirements of 10 CFR Part 21 If significant new information is licensee does not identify as significant regarding reporting of defects in basic received or obtained by NRC which normally will not constitute a separate components. indicates that an enforcement sanction violation. However, the circumstances When inspections determine that was incorrectly applied, consideration surrounding the failure to correct may violations of NRC requirements have may be given, dependent on the be considered relevant to the occurred, or that contractors have failed circumstances, to reopening a closed determination of enforcement action for to fulfill contractual commitments (e.g., enforcement action to increase or the initial inaccurate or incomplete 10 CFR Part 50, Appendix B) that could decrease the severity of a sanction or to statement. For example, an adversely affect the quality of a safety correct the record. Reopening decisions unintentionally inaccurate or significant product or service, will be made on a case-by-case basis, are incomplete submission may be treated enforcement action will be taken. expected to occur rarely, and require the as a more severe matter if the licensee Notices of Violation and civil penalties specific approval of the Deputy later determines that the initial will be used, as appropriate, for licensee Executive Director.
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Supplements—Violation Examples period in excess of that allowed by the action 3. A failure to meet regulatory statement. requirements that have more than minor This section provides examples of 2. A system designed to prevent or mitigate safety or environmental significance; violations in each of four severity levels a serious safety event not being able to 4. A failure to make a required Licensee as guidance in determining the perform its intended function under certain Event Report; appropriate severity level for violations conditions (e.g., safety system not operable 5. Violations of 10 CFR 50.59 that do not in each of eight activity areas (reactor unless offsite power is available; materials or involve circumstances in which a change that operations, Part 50 facility construction, components not environmentally qualified). required prior Commission approval would safeguards, health physics, 3. Inattentiveness to duty on the part of not be found acceptable had the approval transportation, fuel cycle and materials licensed personnel; been sought; or 4. Changes in reactor parameters that cause 6. A failure to update the FSAR as required operations, miscellaneous matters, and unanticipated reductions in margins of by 10 CFR 50.71(e) in cases where the emergency preparedness). safety; erroneous information is not used to make an Supplement I—Reactor Operations 5. A non-willful compromise of an unacceptable change to the facility or application, test, or examination required by procedures. This supplement provides examples of 10 CFR Part 55 that: E. Minor Violations: A failure to meet 10 violations in each of the four severity levels (a) In the case of initial operator licensing, CFR 50.59 requirements that involves a as guidance in determining the appropriate contributes to an individual being granted an change to the FSAR description or procedure, severity level for violations in the area of operator or a senior operator license, or or involves a test or experiment not described reactor operations. (b) In the case of requalification, in the FSAR, where there was not a A. Severity Level I—Violations involving contributes to an individual being permitted reasonable likelihood that the change to the for example: to perform the functions of an operator or a facility or procedure or the conduct of the 1. A Safety Limit, as defined in 10 CFR senior operator. test or experiment would ever be an 50.36 and the Technical Specifications being 6. A licensee failure to conduct adequate unreviewed safety question. In the case of a exceeded; oversight of contractors resulting in the use 10 CFR 50.71(e) violation, where a failure to 2. A system 10 designed to prevent or of products or services that are of defective update the FSAR would not have a material mitigate a serious safety event not being able or indeterminate quality and that have safety impact on safety or licensed activities. The to perform its intended safety function 11 significance; focus of the minor violation is not on the when actually called upon to work; 7. A licensed operator’s confirmed positive actual change, test, or experiment, but on the 3. An accidental criticality; or test for drugs or alcohol that does not result potential safety role of the system, 4. A licensed operator at the controls of a in a Severity Level I or II violation; equipment, etc., that is being changed, tested, nuclear reactor, or a senior operator directing 8. Equipment failures caused by or experimented on. licensed activities, involved in procedural inadequate or improper maintenance that errors which result in, or exacerbate the substantially complicates recovery from a Supplement II—Part 50 Facility consequences of, an alert or higher level plant transient; Construction emergency and who, as a result of subsequent 9. A failure to obtain prior Commission This supplement provides examples of testing, receives a confirmed positive test approval required by 10 CFR 50.59 for violations in each of the four severity levels result for drugs or alcohol. changes that would not be found acceptable as guidance in determining the appropriate B. Severity Level II—Violations involving by the Commission; severity level for violations in the area of Part for example: 10. The failure to update the FSAR as 50 facility construction. 1. A system designed to prevent or mitigate required by 10 CFR 50.71(e) where the A. Severity Level I—Violations involving serious safety events not being able to unupdated FSAR was used in performing a structures or systems that are completed 12 in perform its intended safety function; 10 CFR 50.59 evaluation for a change to the such a manner that they would not have 2. A licensed operator involved in the use, facility or procedures, implemented without satisfied their intended safety related sale, or possession of illegal drugs or the prior Commission approval, that would not purpose. consumption of alcoholic beverages, within be found acceptable had approval been B. Severity Level II—Violations involving the protected area; or sought; or for example: 3. A licensed operator at the control of a 11. The failure to make a report required 1. A breakdown in the Quality Assurance nuclear reactor, or a senior operator directing by 10 CFR 50.72 or 50.73 associated with any (QA) program as exemplified by deficiencies licensed activities, involved in procedural Severity Level III violation. in construction QA related to more than one errors and who, as a result of subsequent D. Severity Level IV—Violations involving work activity (e.g., structural, piping, testing, receives a confirmed positive test for example: electrical, foundations). These deficiencies result for drugs or alcohol. 1. A less significant failure to comply with normally involve the licensee’s failure to C. Severity Level III—Violations involving the Action Statement for a Technical conduct adequate audits or to take prompt for example: Specification Limiting Condition for corrective action on the basis of such audits 1. A significant failure to comply with the Operation where the appropriate action was and normally involve multiple examples of Action Statement for a Technical not taken within the required time, such as: deficient construction or construction of Specification Limiting Condition for (a) In a pressurized water reactor, a 5% unknown quality due to inadequate program Operation where the appropriate action was deficiency in the required volume of the implementation; or not taken within the required time, such as: condensate storage tank; or 2. A structure or system that is completed (a) In a pressurized water reactor, in the (b) In a boiling water reactor, one in such a manner that it could have an applicable modes, having one high-pressure subsystem of the two independent MSIV adverse effect on the safety of operations. safety injection pump inoperable for a period leakage control subsystems inoperable; C. Severity Level III—Violations involving in excess of that allowed by the action 2. A non-willful compromise of an for example: statement; or application, test, or examination required by 1. A deficiency in a licensee QA program (b) In a boiling water reactor, one primary 10 CFR Part 55 that: for construction related to a single work containment isolation valve inoperable for a (a) In the case of initial operator licensing, activity (e.g., structural, piping, electrical or is discovered and reported to the NRC before foundations). This significant deficiency 10 The term ‘‘system’’ as used in these an individual is granted an operator or a normally involves the licensee’s failure to supplements, includes administrative and senior operator license, or conduct adequate audits or to take prompt managerial control systems, as well as physical (b) In the case of requalification, is systems. corrective action on the basis of such audits, discovered and reported to the NRC before an 11 ‘‘Intended safety function’’ means the total safety function, and is not directed toward a loss individual is permitted to perform the 12 The term ‘‘completed’’ as used in this of redundancy. A loss of one subsystem does not functions of an operator or a senior operator, supplement means completion of construction defeat the intended safety function as long as the or including review and acceptance by the other subsystem is operable. (c) Constitutes more than minor concern. construction QA organization.
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A failure to confirm the design safety inadequate search that resulted in the CFR Part 20) introduction to the protected area of firearms, requirements of a structure or system as a This supplement provides examples of explosives, or incendiary devices and result of inadequate preoperational test violations in each of the four severity levels reasonable facsimiles thereof that could program implementation; or as guidance in determining the appropriate 3. A failure to make a required 10 CFR significantly assist radiological sabotage or theft of strategic SNM; severity level for violations in the area of 50.55(e) report. 18 3. A failure, degradation, or other health physics, 10 CFR Part 20. D. Severity Level IV—Violations involving deficiency of the protected area intrusion A. Severity Level I—Violations involving failure to meet regulatory requirements detection or alarm assessment systems such for example: including one or more Quality Assurance that an unauthorized individual who 1. A radiation exposure during any year of Criterion not amounting to Severity Level I, represents a threat could predictably a worker in excess of 25 rems total effective II, or III violations that have more than minor circumvent the system or defeat a specific dose equivalent, 75 rems to the lens of the safety or environmental significance. zone with a high degree of confidence eye, or 250 rads to the skin of the whole body, or to the feet, ankles, hands or Supplement III—Safeguards without insider knowledge, or other significant degradation of overall system forearms, or to any other organ or tissue; This supplement provides examples of capability; 2. A radiation exposure over the gestation violations in each of the four severity levels 4. A significant failure of the safeguards period of the embryo/fetus of a declared as guidance in determining the appropriate systems designed or used to prevent or detect pregnant woman in excess of 2.5 rems total severity level for violations in the area of the theft, loss, or diversion of strategic SNM; effective dose equivalent; safeguards. 5. A failure to protect or control classified 3. A radiation exposure during any year of A. Severity Level I—Violations involving or safeguards information considered to be a minor in excess of 2.5 rems total effective for example: significant while the information is outside dose equivalent, 7.5 rems to the lens of the 1. An act of radiological sabotage in which the protected area and accessible to those not eye, or 25 rems to the skin of the whole body, the security system did not function as authorized access to the protected area; or to the feet, ankles, hands or forearms, or required and, as a result of the failure, there 6. A significant failure to respond to an to any other organ or tissue; event either in sufficient time to provide was a significant event, such as: 4. An annual exposure of a member of the protection to vital equipment or strategic (a) A Safety Limit, as defined in 10 CFR public in excess of 1.0 rem total effective SNM, or with an adequate response force; or 50.36 and the Technical Specifications, was dose equivalent; 7. A failure to perform an appropriate 5. A release of radioactive material to an exceeded; evaluation or background investigation so (b) A system designed to prevent or unrestricted area at concentrations in excess that information relevant to the access of 50 times the limits for members of the mitigate a serious safety event was not able determination was not obtained or public as described in 10 CFR to perform its intended safety function when considered and as a result a person, who 20.1302(b)(2)(i); or actually called upon to work; or would likely not have been granted access by 6. Disposal of licensed material in (c) An accidental criticality occurred; the licensee, if the required investigation or quantities or concentrations in excess of 10 2. The theft, loss, or diversion of a formula evaluation had been performed, was granted quantity 13 of special nuclear material (SNM); access. times the limits of 10 CFR 20.2003. or D. Severity Level IV—Violations involving B. Severity Level II—Violations involving 3. Actual unauthorized production of a for example: for example: formula quantity of SNM 1. A failure or inability to control access 1. A radiation exposure during any year of B. Severity Level II—Violations involving such that an unauthorized individual (i.e., a worker in excess of 10 rems total effective for example: authorized to protected area but not to vital dose equivalent, 30 rems to the lens of the 1. The entry of an unauthorized area) could easily gain undetected access into eye, or 100 rems to the skin of the whole individual 14 who represents a threat into a a vital area from inside the protected area or body, or to the feet, ankles, hands or forearms, or to any other organ or tissue; vital area 15 from outside the protected area; into a controlled access area; 2. A radiation exposure over the gestation 2. The theft, loss or diversion of SNM of 2. A failure to respond to a suspected event period of the embryo/fetus of a declared moderate strategic significance 16 in which in either a timely manner or with an pregnant woman in excess of 1.0 rem total the security system did not function as adequate response force; effective dose equivalent; required; or 3. A failure to implement 10 CFR Parts 25 3. A radiation exposure during any year of 3. Actual unauthorized production of and 95 with respect to the information a minor in excess of 1 rem total effective dose SNM. addressed under Section 142 of the Act, and the NRC approved security plan relevant to equivalent; 3.0 rems to the lens of the eye, C. Severity Level III—Violations involving or 10 rems to the skin of the whole body, or for example: those parts; 4. A failure to conduct a proper search at to the feet, ankles, hands or forearms, or to 1. A failure or inability to control access any other organ or tissue; through established systems or procedures, the access control point; 5. A failure to properly secure or protect 4. An annual exposure of a member of the such that an unauthorized individual (i.e., classified or safeguards information inside public in excess of 0.5 rem total effective not authorized unescorted access to protected the protected area which could assist an dose equivalent; area) could easily gain undetected access 17 individual in an act of radiological sabotage 5. A release of radioactive material to an or theft of strategic SNM where the unrestricted area at concentrations in excess 13 See 10 CFR 73.2 for the definition of ‘‘formula information was not removed from the of 10 times the limits for members of the quantity.’’ protected area; public as described in 10 CFR 14 The term ‘‘unauthorized individual’’ as used in 6. A failure to control access such that an 20.1302(b)(2)(i) (except when operation up to this supplement means someone who was not opportunity exists that could allow 0.5 rem a year has been approved by the authorized for entrance into the area in question, or unauthorized and undetected access into the Commission under Section 20.1301(c)); not authorized to enter in the manner entered. 6. Disposal of licensed material in 15 protected area but which was neither easily The phrase ‘‘vital area’’ as used in this quantities or concentrations in excess of five supplement includes vital areas and material access or likely to be exploitable; areas. 7. A failure to conduct an adequate search times the limits of 10 CFR 20.2003; or 16 See 10 CFR 73.2 for the definition of ‘‘special at the exit from a material access area; nuclear material of moderate strategic significance.’’ 8. A theft or loss of SNM of low strategic 18 Personnel overexposures and associated 17 In determining whether access can be easily significance that was not detected within the violations incurred during a life-saving or other gained, factors such as predictability, identifiability, time period specified in the security plan, emergency response effort will be treated on a case- and ease of passage should be considered. other relevant document, or regulation; or by-case basis.
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7. A failure to make an immediate environmental radiation standards, such as regulatory limits or improper transfer of notification as required by 10 CFR 20.2202 40 CFR Part 190; material; or (a)(1) or (a)(2). 6. A failure to make the 30-day notification 4. A failure to make required initial C. Severity Level III—Violations involving required by 10 CFR 20.2201(a)(1)(ii) or notification associated with Severity Level III for example: 20.2203(a); violations. 1. A radiation exposure during any year of 7. A failure to make a timely written report D. Severity Level IV—Violations involving a worker in excess of 5 rems total effective as required by 10 CFR 20.2201(b), 20.2204, or for example: dose equivalent, 15 rems to the lens of the 20.2206; 1. A breach of package integrity without eye, or 50 rems to the skin of the whole body 8. A failure to report an exceedance of the external radiation levels exceeding the NRC or to the feet, ankles, hands or forearms, or dose constraint established in 10 CFR limit or without contamination levels to any other organ or tissue; 20.1101(d) or a failure to take corrective exceeding five times the NRC limits; 2. A radiation exposure over the gestation action for an exceedance, as required by 10 2. Surface contamination in excess of but period of the embryo/fetus of a declared CFR 20.1101(d); or not more than five times the NRC limit; pregnant woman in excess of 0.5 rem total 9. Any other matter that has more than a 3. A failure to register as an authorized effective dose equivalent (except when doses minor safety, health, or environmental user of an NRC-Certified Transport package; are in accordance with the provisions of significance. 4. A noncompliance with shipping papers, Section 20.1208(d)); marking, labeling, placarding, packaging or 3. A radiation exposure during any year of Supplement V—Transportation loading not amounting to a Severity Level I, a minor in excess of 0.5 rem total effective This supplement provides examples of II, or III violation; dose equivalent; 1.5 rems to the lens of the violations in each of the four severity levels 5. A failure to demonstrate that packages eye, or 5 rems to the skin of the whole body, as guidance in determining the appropriate for special form radioactive material meets or to the feet, ankles, hands or forearms, or severity level for violations in the area of applicable regulatory requirements; to any other organ or tissue; NRC transportation requirements.19 6. A failure to demonstrate that packages 4. An annual exposure of a member of the A. Severity Level I—Violations involving meet DOT Specifications for 7A Type A public in excess of 0.1 rem total effective for example: packages; or dose equivalent (except when operation up to 1. Failure to meet transportation 7. Other violations that have more than 0.5 rem a year has been approved by the requirements that resulted in loss of control minor safety or environmental significance. Commission under Section 20.1301(c)); of radioactive material with a breach in 5. A release of radioactive material to an Supplement VI—Fuel Cycle and package integrity such that the material Materials Operations unrestricted area at concentrations in excess caused a radiation exposure to a member of of two times the effluent concentration limits the public and there was clear potential for This supplement provides examples of referenced in 10 CFR 20.1302(b)(2)(i) (except the public to receive more than .1 rem to the violations in each of the four severity levels when operation up to 0.5 rem a year has been whole body; as guidance in determining the appropriate approved by the Commission under Section 2. Surface contamination in excess of 50 severity level for violations in the area of fuel 20.1301(c)); times the NRC limit; or cycle and materials operations. 6. A failure to make a 24-hour notification 3. External radiation levels in excess of 10 A. Severity Level I—Violations involving required by 10 CFR 20.2202(b) or an times the NRC limit. for example: immediate notification required by 10 CFR B. Severity Level II—Violations involving 1. Radiation levels, contamination levels, 20.2201(a)(1)(i); for example: or releases that exceed 10 times the limits 7. A substantial potential for exposures or 1. Failure to meet transportation specified in the license; releases in excess of the applicable limits in requirements that resulted in loss of control 2. A system designed to prevent or mitigate 10 CFR Part 20 Sections 20.1001–20.2401 of radioactive material with a breach in a serious safety event not being operable whether or not an exposure or release occurs; package integrity such that there was a clear when actually required to perform its design 8. Disposal of licensed material not potential for the member of the public to function; covered in Severity Levels I or II; receive more than .1 rem to the whole body; 3. A nuclear criticality accident; 9. A release for unrestricted use of 2. Surface contamination in excess of 10, 4. A failure to follow the procedures of the contaminated or radioactive material or but not more than 50 times the NRC limit; quality management program, required by 10 equipment that poses a realistic potential for 3. External radiation levels in excess of CFR 35.32, that results in a death or serious exposure of the public to levels or doses five, but not more than 10 times the NRC injury (e.g., substantial organ impairment) to exceeding the annual dose limits for limit; or a patient; members of the public; 4. A failure to make required initial 5. A safety limit, as defined in 10 CFR 76.4, 10. Conduct of licensee activities by a notifications associated with Severity Level I the Technical Safety Requirements, or the technically unqualified person; or or II violations. application being exceeded; or 11. A significant failure to control licensed C. Severity Level III—Violations involving 6. Significant injury or loss of life due to material. for example: a loss of control over licensed or certified D. Severity Level IV—Violations involving 1. Surface contamination in excess of five activities, including chemical processes that for example: but not more than 10 times the NRC limit; are integral to the licensed or certified 1. Exposures in excess of the limits of 10 2. External radiation in excess of one but activity, whether radioactive material is CFR 20.1201, 20.1207, or 20.1208 not not more than five times the NRC limit; released or not. constituting Severity Level I, II, or III 3. Any noncompliance with labeling, B. Severity Level II—Violations involving violations; placarding, shipping paper, packaging, for example: 2. A release of radioactive material to an loading, or other requirements that could 1. Radiation levels, contamination levels, unrestricted area at concentrations in excess reasonably result in the following: or releases that exceed five times the limits of the limits for members of the public as (a) A significant failure to identify the type, specified in the license; referenced in 10 CFR 20.1302(b)(2)(i) (except quantity, or form of material; 2. A system designed to prevent or mitigate when operation up to 0.5 rem a year has been (b) A failure of the carrier or recipient to a serious safety event being inoperable; approved by the Commission under Section exercise adequate controls; or 3. A substantial programmatic failure in 20.1301(c)); (c) A substantial potential for either the implementation of the quality 3. A radiation dose rate in an unrestricted personnel exposure or contamination above management program required by 10 CFR or controlled area in excess of 0.002 rem in 35.32 that results in a misadministration; any 1 hour (2 millirem/hour) or 50 millirems 4. A failure to establish, implement, or 19 in a year; Some transportation requirements are applied maintain all criticality controls (or control to more than one licensee involved in the same 4. Failure to maintain and implement activity such as a shipper and carrier. When a systems) for a single nuclear criticality radiation programs to keep radiation violation of such a requirement occurs, enforcement scenario when a critical mass of fissile exposures as low as is reasonably achievable; action will be directed against the responsible material was present or reasonably available, 5. Doses to a member of the public in licensee which, under the circumstances of the such that a nuclear criticality accident was excess of any EPA generally applicable case, may be one or more of the licensees involved. possible; or
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5. The potential for a significant injury or inoperable safety components, such as 7. A failure to make a required written loss of life due to a loss of control over redundant braking systems, or other safety event report, as required by 10 CFR licensed or certified activities, including devices for a period in excess of that allowed 76.120(d)(2); or chemical processes that are integral to the by the action statement; 8. A failure to establish, implement, or licensed or certified activity, whether 12. A system designed to prevent or maintain a criticality control (or control radioactive material is released or not (e.g., mitigate a serious safety event: system) for a single nuclear criticality movement of liquid UF6 cylinder by (a) Not being able to perform its intended scenario when the amount of fissile material unapproved methods). function under certain conditions (e.g., safety available was not, but could have been C. Severity Level III—Violations involving system not operable unless utilities available, sufficient to result in a nuclear criticality. for example: materials or components not according to 1. A failure to control access to licensed specifications); or Supplement VII—Miscellaneous materials for radiation protection purposes as (b) Being degraded to the extent that a Matters specified by NRC requirements; detailed evaluation would be required to This supplement provides examples of 2. Possession or use of unauthorized determine its operability; equipment or materials in the conduct of violations in each of the four severity levels 13. Changes in parameters that cause licensee activities which degrades safety; as guidance in determining the appropriate unanticipated reductions in margins of 3. Use of radioactive material on humans severity level for violations involving where such use is not authorized; safety; miscellaneous matters. 4. Conduct of licensed activities by a 14. A significant failure to meet the A. Severity Level I—Violations involving technically unqualified or uncertified person; requirements of 10 CFR 76.68, including a for example: 5. A substantial potential for exposures, failure such that a required certificate 1. Inaccurate or incomplete information 20 radiation levels, contamination levels, or amendment was not sought; that is provided to the NRC (a) deliberately releases, including releases of toxic material 15. A failure of the certificate holder to with the knowledge of a licensee official that caused by a failure to comply with NRC conduct adequate oversight of contractors the information is incomplete or inaccurate, regulations, from licensed or certified resulting in the use of products or services or (b) if the information, had it been complete activities in excess of regulatory limits; that are of defective or indeterminate quality and accurate at the time provided, likely 6. Substantial failure to implement the and that have safety significance; would have resulted in regulatory action quality management program as required by 16. Equipment failures caused by such as an immediate order required by the 10 CFR 35.32 that does not result in a inadequate or improper maintenance that public health and safety; misadministration; failure to report a substantially complicates recovery from a 2. Incomplete or inaccurate information misadministration; or programmatic plant transient; that the NRC requires be kept by a licensee weakness in the implementation of the 17. A failure to establish, maintain, or that is (a) incomplete or inaccurate because quality management program that results in implement all but one criticality control (or of falsification by or with the knowledge of a misadministration; control systems) for a single nuclear a licensee official, or (b) if the information, 7. A failure, during radiographic criticality scenario when a critical mass of had it been complete and accurate when operations, to have present at least two fissile material was present or reasonably reviewed by the NRC, likely would have qualified individuals or to use radiographic available, such that a nuclear criticality resulted in regulatory action such as an equipment, radiation survey instruments, accident was possible; or immediate order required by public health and/or personnel monitoring devices as 18. A failure, during radiographic and safety considerations; required by 10 CFR Part 34; operations, to stop work after a pocket 3. Information that the licensee has 8. A failure to submit an NRC Form 241 as dosimeter is found to have gone off-scale, or identified as having significant implications required by 10 CFR 150.20; after an electronic dosimeter reads greater for public health and safety or the common 9. A failure to receive required NRC than 200 mrem, and before a determination defense and security (‘‘significant approval prior to the implementation of a is made of the individual’s actual radiation information identified by a licensee’’) and is change in licensed activities that has exposure. deliberately withheld from the Commission; radiological or programmatic significance, D. Severity Level IV—Violations involving 4. Action by senior corporate management such as, a change in ownership; lack of an for example: in violation of 10 CFR 50.7 or similar RSO or replacement of an RSO with an 1. A failure to maintain patients regulations against an employee; unqualified individual; a change in the hospitalized who have cobalt-60, cesium-137, 5. A knowing and intentional failure to location where licensed activities are being or iridium-192 implants or to conduct provide the notice required by 10 CFR Part conducted, or where licensed material is required leakage or contamination tests, or to 21; or being stored where the new facilities do not use properly calibrated equipment; 6. A failure to substantially implement the meet the safety guidelines; or a change in the 21 2. Other violations that have more than required fitness-for-duty program. quantity or type of radioactive material being B. Severity Level II—Violations involving processed or used that has radiological minor safety or environmental significance; 3. Failure to follow the quality for example: significance; 1. Inaccurate or incomplete information 10. A significant failure to meet management (QM) program, including procedures, whether or not a that is provided to the NRC (a) by a licensee decommissioning requirements including a official because of careless disregard for the failure to notify the NRC as required by misadministration occurs, provided the failures are isolated, do not demonstrate a completeness or accuracy of the information, regulation or license condition, substantial or (b) if the information, had it been complete failure to meet decommissioning standards, programmatic weakness in the implementation of the QM program, and and accurate at the time provided, likely failure to conduct and/or complete would have resulted in regulatory action decommissioning activities in accordance have limited consequences if a misadministration is involved; failure to such as a show cause order or a different with regulation or license condition, or regulatory position; failure to meet required schedules without conduct the required program review; or failure to take corrective actions as required 2. Incomplete or inaccurate information adequate justification; that the NRC requires be kept by a licensee 11. A significant failure to comply with the by 10 CFR 35.32; which is (a) incomplete or inaccurate because action statement for a Technical Safety 4. A failure to keep the records required by of careless disregard for the accuracy of the Requirement Limiting Condition for 10 CFR 35.32 or 35.33; Operation where the appropriate action was 5. A less significant failure to comply with 20 not taken within the required time, such as: the Action Statement for a Technical Safety In applying the examples in this supplement Requirement Limiting Condition for regarding inaccurate or incomplete information and (a) In an autoclave, where a containment records, reference should also be made to the isolation valve is inoperable for a period in Operation when the appropriate action was guidance in Section IX, ‘‘Inaccurate and Incomplete excess of that allowed by the action not taken within the required time; Information,’’ and to the definition of ‘‘licensee statement; or 6. A failure to meet the requirements of 10 official’’ contained in Section IV.C. (b) Cranes or other lifting devices engaged CFR 76.68 that does not result in a Severity 21 The example for violations for fitness-for-duty in the movement of cylinders having Level I, II, or III violation; relate to violations of 10 CFR Part 26.
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Severity Level III—Violations involving 3. ‘‘Significant information identified by a onsite alcohol use; not amounting to a for example: licensee’’ and not provided to the Severity Level II violation; 1. In an alert, licensee failure to promptly Commission because of careless disregard on 8. A failure to assure, as required, that (1) correctly classify the event, (2) make the part of a licensee official; contractors have an effective fitness-for-duty required notifications to responsible Federal, 4. An action by plant management or mid- program; or State, and local agencies, or (3) respond to level management in violation of 10 CFR 50.7 9. Threats of discrimination or restrictive the event (e.g., assess actual or potential or similar regulations against an employee; agreements which are violations under NRC offsite consequences, activate emergency 5. A failure to provide the notice required regulations such as 10 CFR 50.7(f). response facilities, and augment shift staff); by 10 CFR Part 21; D. Severity Level IV—Violations involving or 6. A failure to remove an individual from for example: 2. A licensee failure to meet or implement unescorted access who has been involved in 1. Incomplete or inaccurate information of one emergency planning standard involving the sale, use, or possession of illegal drugs more than minor significance that is assessment or notification. within the protected area or take action for provided to the NRC but not amounting to a D. Severity Level IV—Violations involving on duty misuse of alcohol, prescription Severity Level I, II, or III violation; for example: drugs, or over-the-counter drugs; 2. Information that the NRC requires be A licensee failure to meet or implement 7. A failure to take reasonable action when kept by a licensee and that is incomplete or any emergency planning standard or observed behavior within the protected area inaccurate and of more than minor requirement not directly related to or credible information concerning activities significance but not amounting to a Severity assessment and notification. Level I, II, or III violation; within the protected area indicates possible Interim Enforcement Policies unfitness for duty based on drug or alcohol 3. An inadequate review or failure to use; review under 10 CFR Part 21 or other Interim Enforcement Policy for 8. A deliberate failure of the licensee’s procedural violations associated with 10 CFR Generally Licensed Devices Containing Employee Assistance Program (EAP) to notify Part 21 with more than minor safety Byproduct Material (10 CFR 31.5) licensee’s management when EAP’s staff is significance; aware that an individual’s condition may 4. Violations of the requirements of Part 26 This section sets forth the interim adversely affect safety related activities; or of more than minor significance; enforcement policy that the NRC will 9. The failure of licensee management to 5. A failure to report acts of licensed follow to exercise enforcement take effective action in correcting a hostile operators or supervisors pursuant to 10 CFR discretion for certain violations of work environment. 26.73; or requirements in 10 CFR Part 31 for 6. Discrimination cases which, in C. Severity Level III—Violations involving generally licensed devices containing for example: themselves, do not warrant a Severity Level 1. Incomplete or inaccurate information III categorization. byproduct material. It addresses violations that persons licensed that is provided to the NRC (a) because of Supplement VIII—Emergency inadequate actions on the part of licensee pursuant to 10 CFR 31.5 identify and officials but not amounting to a Severity Preparedness correct now, as well as during the initial Level I or II violation, or (b) if the This supplement provides examples of cycle of the notice and response information, had it been complete and violations in each of the four severity levels program contemplated by the proposed accurate at the time provided, likely would as guidance in determining the appropriate new requirements published in the have resulted in a reconsideration of a severity level for violations in the area of Federal Register on December 2, 1998 regulatory position or substantial further emergency preparedness. It should be noted (63 FR 66492), entitled ‘‘Requirements inquiry such as an additional inspection or that citations are not normally made for for Those Who Possess Certain a formal request for information; violations involving emergency preparedness 2. Incomplete or inaccurate information occurring during emergency exercises. Industrial Devices Containing that the NRC requires be kept by a licensee However, where exercises reveal (i) training, Byproduct Material to Provide that is (a) incomplete or inaccurate because procedural, or repetitive failures for which Requested Information’’. of inadequate actions on the part of licensee corrective actions have not been taken, (ii) an Exercise of Enforcement Discretion officials but not amounting to a Severity overall concern regarding the licensee’s Level I or II violation, or (b) if the ability to implement its plan in a manner that Under this interim enforcement information, had it been complete and adequately protects public health and safety, policy, enforcement action normally accurate when reviewed by the NRC, likely or (iii) poor self critiques of the licensee’s will not be taken for violations of 10 would have resulted in a reconsideration of exercises, enforcement action may be CFR 31.5 if they are identified by the a regulatory position or substantial further appropriate. general licensee, and reported to the inquiry such as an additional inspection or A. Severity Level I—Violations involving a formal request for information; for example: NRC if reporting is required, provided 3. A failure to provide ‘‘significant In a general emergency, licensee failure to that the general licensee takes information identified by a licensee’’ to the promptly (1) correctly classify the event, (2) appropriate corrective action to address Commission and not amounting to a Severity make required notifications to responsible the specific violations and prevent Level I or II violation; Federal, State, and local agencies, or (3) recurrence of similar problems. 4. An action by first-line supervision or respond to the event (e.g., assess actual or other low-level management in violation of potential offsite consequences, activate Exceptions 10 CFR 50.7 or similar regulations against an emergency response facilities, and augment Enforcement action may be taken employee; shift staff.) where there is: (a) failure to take 5. An inadequate review or failure to B. Severity Level II—Violations involving appropriate corrective action to prevent review such that, if an appropriate review for example: recurrence of similar violations; (b) had been made as required, a 10 CFR Part 21 1. In a site emergency, licensee failure to report would have been made; promptly (1) correctly classify the event, (2) failure to respond and provide the 6. A failure to complete a suitable inquiry make required notifications to responsible information required by the notice and on the basis of 10 CFR Part 26, keep records Federal, State, and local agencies, or (3) response program (if it becomes a final concerning the denial of access, or respond respond to the event (e.g., assess actual or rule); (c) failure to provide complete and to inquiries concerning denials of access so potential offsite consequences, activate accurate information to the NRC; or (d)
VerDate 29-OCT-99 14:22 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\A09NO3.048 pfrm03 PsN: 09NON1 61166 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Notices a willful violation, such as willfully justification followed as soon as highly unlikely, if communication with disposing of generally licensed material possible by written justification. The NRC is not possible, the licensee should in an unauthorized manner. justification must document the need follow the plant license conditions, Enforcement sanctions in these cases and safety basis for the request and including technical specifications. may include civil penalties as well as provide whatever other information the In conducting its assessments, the Orders to modify or revoke the authority NRC staff needs to make a decision licensee should follow, to the extent to possess radioactive sources under the regarding whether the exercise of practicable, the guidance in NRC general license. discretion is appropriate. The NRC staff Inspection Manual Part 9900 for Notices may grant enforcement discretion on the of Enforcement Discretion. Contrary to Interim Enforcement Policy Regarding basis of balancing the public health and Part 9900 Section B.3 guidance, it is not Enforcement Discretion for Nuclear safety or common defense and security necessary for an emergency to be Power Plants During the Year 2000 of not operating against potential declared by a government entity. Transition radiological or other hazards associated Licensees are encouraged to contact This section sets forth the interim with continued operation, and a NRC early in their evaluation process, enforcement policy that will govern the determination that safety will not be particularly if time is of the essence, exercise of enforcement discretion by unacceptably affected by exercising the even though complete information as the NRC staff when licensees of discretion. The Director of the Office of specified in Part 9900 may not be operating nuclear power plants find it Nuclear Reactor Regulation, or designee, available. necessary to deviate from license will advise the licensee whether the The decision to exercise enforcement conditions, including technical NRC has approved the licensee’s request discretion does not change the fact that specifications (TSs), in those cases in and, if so, will subsequently confirm the the licensee will be in noncompliance which year 2000 (Y2K) related exercise of discretion in writing. nor does it imply that enforcement complications would otherwise require Enforcement discretion will only be discretion is being exercised for any a plant shutdown that could adversely exercised if the NRC staff is clearly noncompliance that may have led to the affect the stability and reliability of the satisfied that the action is consistent noncompliance at issue. To the extent electrical power grid. This policy does with protecting public health and safety noncompliance was involved, the NRC not extend to situations in which a and is warranted in the circumstances staff will normally take enforcement licensee may be unable to communicate presented by the licensee. action for the root causes that led to the with the NRC. If the volume of requests to the NRC noncompliance for which enforcement The policy is effective August 30, Headquarters Operations Center is such discretion was granted. Enforcement 1999, and will remain in effect through that the NRC staff cannot review and action will also be considered in those January 1, 2001. This policy only approve all licensee requests in a timely cases in which incorrect or incomplete applies during Y2K transition or fashion, the NRC staff will obtain the information was provided to the NRC rollover periods (December 31, 1999, safety-significant information from the staff by a licensee in its justification. through January 3, 2000; February 28, licensee to enable the NRC staff to make The NRC recognizes that a licensee will 2000, through March 1, 2000; and a prompt initial assessment. Unless the need to exercise judgment in making a December 30, 2000, through January 1, assessment is unfavorable, the licensee determination under this discretion 2001). During these periods, a licensee would be permitted to proceed with its provision. Consistent with the NRC’s may contact the NRC Headquarters planned course of action. The NRC staff position involving 10 CFR 50.54(x), Operations Center and seek NRC will complete these assessments as time enforcement action for a violation of a enforcement discretion with regard to permits and the licensee will be advised license condition, including a TS, will the potential noncompliance with of the results orally, if possible, and not be taken unless a licensee’s action license conditions, including TSs, if the then in writing. If the NRC staff’s was clearly unreasonable considering all licensee has determined that: prompt initial assessment or subsequent the relevant circumstances. Enforcement (a) Complying with license assessment determines that a licensee’s action could include assessment of civil conditions, including TSs, in a Y2K- actions raise safety concerns, the penalties and the issuance of orders. related situation would require a plant licensee would be so informed. The shutdown; licensee would then be required to Interim Enforcement Policy for Use (b) Continued plant operation is follow its license conditions, including During the NRC Power Reactor needed to help maintain a reliable and TSs. Oversight Process Pilot Plant Study stable grid; and If there are communications This section sets forth the interim (c) Any decrease in safety as a result difficulties between the licensee and the enforcement policy that the NRC will of continued plant operation is small NRC, the licensee is encouraged to use to address violations of the (considering both risk and deterministic interact with the NRC inspector onsite requirements of 10 CFR Part 50 and aspects), and reasonable assurance of who will have a dedicated satellite associated license conditions at nine public health and safety, the telephone. The inspector should be able power reactor sites participating in the environment, and security is maintained to facilitate communication with the NRC reactor oversight process pilot with the enforcement discretion. NRC Headquarters Operations Center plant study beginning in June 1999. Licensees are expected to follow the and/or the NRC Regional Incident This policy approaches enforcement for existing guidance as stated in NRC Response Centers (IRCs). If the plants participating in the pilot Inspection Manual Part 9900 for Notices communication with the NRC plant study by dividing identified of Enforcement Discretion to the Headquarters Operations Center is not violations into two groups. maximum extent practicable, possible, then the licensee should particularly regarding a safety contact the IRC in NRC Region IV to I. Violations Evaluated by the determination and notification of NRC. discuss enforcement discretion. Significance Determination Process A licensee seeking NRC enforcement Similarly, if the Region IV IRC cannot be The first group consists of those discretion must provide a written reached, then the licensee should violations that the Reactor Oversight justification, or in circumstances in attempt to contact the Region I, II and Program’s Significance Determination which good cause is shown, an oral III IRCs. Although it is considered Process (SDP) can evaluate. For these
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These to make the required notifications that storing spent fuel have been established. violations will be cited or non-cited. impact the ability of federal, state and Environmental Impacts of the Proposed Normally, no severity levels and civil local agencies to respond to an actual Action penalties will be used to characterize emergency preparedness or these violations. transportation event, or a substantial The factors considered in this release of radioactive material. determination are discussed below. A. Violations of Low Significance To the extent the above does not Radioactive Waste Treatment Violations that the SDP evaluates as modify the NRC Enforcement Policy, the not being risk significant (i.e., green) NRC Enforcement Policy remains FitzPatrick uses waste treatment will be described in inspection reports applicable to power reactor licensees. systems designed to collect and process as Non-Cited Violation (NCVs) and be gaseous, liquid, and solid waste that Dated at Rockville, Maryland, this 26th day might contain radioactive material. categorized by the assessment process of October, 1999. These radioactive waste treatment within the licensee response band. For the Nuclear Regulatory Commission. However, a Notice of Violation (NOV) systems are evaluated in the Final Annette L. Vietti-Cook, will be issued if: Environmental Statement (FES) dated (1) The licensee fails to restore Secretary of the Commission. March 1973. The proposed SFP compliance within a reasonable time [FR Doc. 99–28595 Filed 11–8–99; 8:45 am] expansion will not involve any change after they identified the violation; BILLING CODE 7590±01±P in the waste treatment systems (2) The licensee fails to place the described in the FES. violation into the corrective action NUCLEAR REGULATORY Radioactive Material Released to the program; or Atmosphere (3) The violation was willful. An NCV COMMISSION may be appropriate if the violation [Docket No. 50±333] The storage of additional spent fuel meets the criteria in Section VII.B.1.a.4 assemblies in the SFP is not expected to of the Enforcement Policy. Power Authority of the State of New affect the releases of radioactive gases The three exceptions are consistent York; James A. Fitzpatrick Nuclear from the SFP. Gaseous fission products with items (1), (2), and (4) of Section Power Plant; Environmental such as Krypton-85 and Iodine-131 are VII.B.1.a. Assessment and Finding of No produced by the fuel in the core during Significant Impact reactor operation. A small percentage of B. Significant Violations these fission gases may be released to Violations that the SDP evaluates as The U.S. Nuclear Regulatory the reactor coolant from fuel assemblies risk significant (i.e., white, yellow, or Commission (the Commission) is which may develop leaks during reactor red) will be assigned a color band considering issuance of an amendment operation. During refueling operations, related to its significance for use by the to Facility Operating License No. DPR– some of these fission products may assessment process. Because of being 59, issued to the Power Authority of the enter the SFP and subsequently be risk significant, an NOV will be issued State of New York (PASNY) (the released into the air. However, as the requiring a formal written response licensee, also known as the New York frequency of refuelings will not be unless sufficient information is already Power Authority), for operation of the increased by the proposed action, there on the docket. The Commission reserves James A. FitzPatrick Nuclear Power will be no increase in the amount of the use of discretion for particularly Plant, located in Oswego County, New radioactive material released to the significant violations (e.g. an accidental York. atmosphere during these operations. criticality) to assess civil penalties in Environmental Assessment Experience has demonstrated that accordance with Section 234 of the during the period between refueling Atomic Energy Act of 1954, as amended. Identification of the Proposed Action outages there is no longer a significant The proposed action would modify release of fission products from stored II. Violations Not Evaluated by the SDP the spent fuel pool (SFP) by installation fuel. The storage of additional fuel and Those Having Actual Consequences of an additional 7 new high density assemblies in the SFP will not increase In the second group of violations, the storage rack modules for fuel storage in the SFP bulk water temperature beyond Enforcement Policy will be retained, the SFP. The additional rack modules the existing design temperature. along with severity levels and the will increase the FitzPatrick SFP Therefore, radioactive material airborne potential for the imposition of civil capacity from 2797 to 3239 fuel release rates due to evaporation from the penalties or other appropriate assemblies. SFP are not expected to increase. enforcement action. Three categories of The proposed action is in accordance Solid Radioactive Wastes violations are within this group: with the licensee’s application for (A) Violations that involve willfulness amendment dated October 14, 1997, as Spent resins are generated by the including discrimination, supplemented on July 23, 1998, processing of SFP water through the (B) Violations that may impact the December 3, 1998, February 25, 1999, SFP purification system. These spent NRC’s ability for oversight of licensee and September 29, 1999. resins are disposed of as solid activities such as those associated with radioactive waste. The frequency of reporting issues, failure to obtain NRC The Need for the Proposed Action resin changeout may increase slightly approvals such as for changes to the The proposed action is needed to during the installation of the new racks facility as required by 10 CFR 50.59, 10 provide for storage of spent fuel until due to the possibility of resuspension of CFR 50.54(a), 10 CFR 50.54 (p), and the licensee installs and obtains a particulate matter in the SFP (due to failure to provide the NRC with license for an interim spent fuel storage turbulence caused by the SFP rack complete and accurate information or to installation (IFSFI). The underlying installations). The licensee will use a maintain accurate records, and purpose of the expansion is to provide Tri-Nuke underwater filtration unit to
VerDate 29-OCT-99 17:12 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 E:\FR\FM\09NON1.XXX pfrm01 PsN: 09NON1 61168 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Notices clean the floor of the SFP during SFP ensure that doses to workers will be facility. No decision has yet been made rack installation. Vacuuming of the SFP maintained ALARA. The estimated dose on centralized federal storage that floor will remove any extraneous debris of 3 to 4 person-rem to perform the would provide a basis for evaluating it and crud and ensure visual clarity in the proposed SFP rack installation is a as a viable alternative to the Power SFP (to facilitate diving operations, if small fraction of the annual collective Authority’s proposed action. needed, and installation of the SFP dose accrued at FitzPatrick. racks). Debris and crud will be filtered Shipping Fuel to a Reprocessing Facility Accident Considerations and collected in the Tri-Nuke filters and Reprocessing of spent fuel from the stored underwater. Depending on the In its application, the licensee FitzPatrick plant is not a viable waste characterization of these filters, evaluated the possible consequences of alternative since there are no operating the licensee will dispose of them a fuel handling accident to determine commercial reprocessing facilities in the utilizing shielded canisters and high the thyroid and whole-body doses at the integrity containers which will then be Exclusion Area Boundary (EAB), Low United States. Spent fuel would have to stored onsite or shipped for burial Population Zone (LPZ), and Control be shipped to an overseas facility for accordingly. The staff does not expect Room. reprocessing. This approach has never that the additional fuel storage made The proposed SFP rack installation at been used and it would require approval possible by the increased SFP storage the FitzPatrick Nuclear Power Plant will by the U.S. Department of State as well capacity will result in a significant not affect any of the assumptions or as other entities. Additionally, the cost change in the generation of solid inputs used in evaluating the dose of spent fuel reprocessing is not offset radwaste. consequences of a fuel handling by the salvage value of the residual uranium and reprocessing represents an Liquid Radioactive Wastes accident and therefore will not result in an increase in the doses from a added cost. Therefore, this alternative is The release of radioactive liquids will postulated fuel handling accident. considered unacceptable. not be affected directly as a result of the The proposed action will not increase Shipping Fuel to Another Utility or Site modifications. The SFP ion exchanger the probability or consequences of or to Indian Point 3 (IP3) for Storage resins remove soluble radioactive accidents, no changes are being made in materials from the SFP water. When the the types of any effluents that may be Shipment of irradiated fuel from resins are changed out, the small released offsite, and there is no FitzPatrick for storage at the IP3 fuel amount of resin sluice water which is significant increase in occupational or pool would provide short-term relief released is processed by the radwaste public radiation exposure. Therefore, from the storage problem at FitzPatrick. system. As stated above, the frequency there are no significant radiological However, this transfer of fuel between of resin changeout may increase slightly environmental impacts associated with units would create no additional storage during the installation of the new racks. the proposed action. locations for irradiated fuel, nor would However, the amount of radioactive With regard to potential it eliminate the need to develop liquid released to the environment as a nonradiological impacts, the proposed additional spent fuel storage capability result of the proposed SFP expansion is action does not involve any historic at FitzPatrick in the future. As a result, expected to be negligible. sites. It does not affect nonradiological any fuel transfer would accelerate the Radiological Impact Assessment plant effluents and has no other loss of fuel pool storage at the IP3 and environmental impact. Therefore, there Radiation Protection personnel will give no benefit to either facility. are no significant nonradiological constantly monitor the doses to the Currently, the IP3 site has installed environmental impacts associated with workers during the SFP expansion fuel pool storage capacity sufficient to the proposed action. operation. The total occupational dose handle site requirements for irradiated Accordingly, the Commission to plant workers as a result of the SFP fuel storage, while maintaining full core concludes that there are no significant expansion operation is estimated to be discharge capability until approximately environmental impacts associated with between 3 and 4 person-rem. Since the the year 2009. The design of the IP3 fuel the proposed action. proposed action does not involve the pool storage racks has been optimized removal of any spent fuel racks, the Alternatives to the Proposed Action for storage of pressurized-water reactor licensee does not plan on using divers Shipping Fuel to a Permanent Federal fuel with a different physical and for this project. However, if it becomes Fuel Storage/Disposal Facility nuclear design than the boiling-water necessary to utilize divers to remove reactor fuel used at FitzPatrick. Thus, any interferences which may impede Shipment of spent fuel to the storage of FitzPatrick fuel at IP3 would the installation of the new spent fuel permanent repository or a centralized both limit storage of future discharged racks, the licensee will equip each diver high-level radioactive waste storage IP3 fuel and represent a less then with radiation detectors with remote, facility is an alternative to increasing optimal use of the existing IP3 storage above surface, readouts which will be onsite spent fuel storage capacity. capability. continuously monitored by Radiation However, the U.S. Department of Energy PASNY knows of no other utility that Protection personnel. This dose estimate (DOE) is not expected to open the is prepared to accept shipments of is comparable to doses for similar SFP permanent repository until 2010 and is irradiated fuel from FitzPatrick for long- modifications performed at other plants. currently prohibited from selecting a term storage at its site. The proposed SFP rack installation will site for centralized storage until after a follow detailed procedures prepared determination is made on permanent For these reasons, and considering the with full consideration of as low as is repository site suitability. Congress, increased fuel handling and additional reasonably achievable (ALARA) with the urging of some affected utilities occupational radiation exposure principles. and States, has recently taken up incurred during the shipment of On the basis of our review of the proposed changes to the Federal irradiated fuel, the alternative of FitzPatrick proposal, the staff concludes program that would integrate storage shipping FitzPatrick fuel to IP3 or other that the FitzPatrick SFP rack installation and disposal at one site and require site for storage is not an acceptable can be performed in a manner that will DOE to construct an interim storage alternative to the proposed action.
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Alternatives Creating Additional Storage yields the minimum possible amount of 1999, and September 29, 1999, which Capacity spent fuel. are available for public inspection at the A variety of alternatives to increase The fuel assembly design used at Commission’s Public Document Room, the storage capacity of the FitzPatrick FitzPatrick is not compatible with the The Gelman Building, 2120 L Street, SFP were considered. Fuel rod IP3 core. As a result, partially irradiated NW., Washington, DC, and accessible consolidation was considered as a fuel from other PASNY nuclear units electronically through the ADAMS potential alternative and was eliminated cannot be used at FitzPatrick (or vice Public Electronic Reading Room link at because of the limited industry versa) to reduce the rate of spent fuel the NRC Web site (http:// experience in disassembling irradiated discharge. www.NRC.gov). Operation of FitzPatrick at a reduced fuel and because of the potential for Dated at Rockville, MD., this 3rd day of power level for long periods of time fission product release due to rod November, 1999. would extend the existing SFP storage breakage during disassembly. For the Nuclear Regulatory Commission. capacity. However, to compensate for Additionally, because DOE considers Sheri R. Peterson, the reduced generation by FitzPatrick consolidated fuel to be a non-standard Chief, Section I, Project Directorate I, Division another power generation facility would waste form, the licensee could be of Licensing Project Management, Office of be required to increase its power output, concerned that the presence of fuel in Nuclear Reactor Regulation. possibly resulting in an increase in this form would cause DOE to delay its [FR Doc. 99–29315 Filed 11–8–99; 8:45 am] airborne pollution and greenhouse gas acceptance of waste from FitzPatrick. BILLING CODE 7590±01±P emissions. The adverse environmental The early implementation of dry cask impact of increased airborne pollution storage for irradiated fuel at FitzPatrick and greenhouse gas omissions resulting was also considered. Dry cask storage NUCLEAR REGULATORY from a long-term derate of FitzPatrick involves transferring irradiated fuel, COMMISSION generating capacity is significantly after several years of storage in the greater than the environmental impact Notice of Correction to Biweekly FitzPatrick SFP, to high capacity casks associated with increasing the storage Notice Applications and Amendments with passive heat dissipation features. capacity of the existing FitzPatrick SPF. to Operating Licenses Involving No After loading, these casks would be Significant Hazards Considerations placed on a concrete pad at an outdoor The No-Action Alternative location on the FitzPatrick site. As an alternative to the proposed On November 3, 1999, the Federal Although dry cask storage is planned by action, the NRC staff considered denial Register published the Biweekly Notice the licensee as a long-term storage of the proposed action (i.e., the ‘‘no- of Applications and Amendments to option for FitzPatrick, the early action’’ alternative). Denial of the Operating Licenses Involving No implementation of this alternative was application would result in no Significant Hazards Consideration. On rejected by the licensee because the 442 significant change in current page 59797 the 30-day date for hearing storage locations provide needed environmental impacts. The request should be corrected from irradiated fuel storage with less environmental impacts of the proposed ‘‘December 10, 1999,’’ to read ‘‘By environmental impact and at lower cost. action and the alternative action are December 3, 1999, the licensee may file As a result, the licensee concluded similar. a request for a hearing. * * *’’ that none of the alternative technologies Dated at Rockville, Maryland, this 3rd day that could create additional spent fuel Alternative Use of Resources of November 1999. storage capacity at FitzPatrick could do This action does not involve the use For the Nuclear Regulatory Commission. so with less environmental impact than of any resources not previously John A. Zwolinski, the impacts associated with the chosen considered in the Final Environmental option. Director, Division of Licensing Project Statement for FitzPatrick. Management, Office of Nuclear Reactor Reduction of Spent Fuel Generation Agencies and Persons Consulted Regulation. [FR Doc. 99–29316 Filed 11–8–99; 8:45 am] To minimize the quantities of In accordance with its stated policy, BILLING CODE 7590±01±P irradiated fuel generated during full on May 24, 1999, the NRC staff power operation at FitzPatrick, the consulted with the New York State licensee has developed efficient fuel official, Mr. Jack Spath, of the New York SOCIAL SECURITY ADMINISTRATION loading patterns that seek to maximize State Research and Development the utilization of each assembly Authority, regarding the environmental Agency Information Collection consistent with limits on the integrated impact of the proposed action. The State Activities: Proposed Request and fuel rod exposure. Batch discharge official had no comments. Comment Request burnups for FitzPatrick fuel currently exceed 40 GWD/MT with peak assembly Finding of No Significant Impact In compliance with Public Law 104– burnups reaching 46 GWD/MT by the On the basis of the environmental 13, the Paperwork Reduction Act of time of discharge. The licensee expects assessment, the Commission concludes 1995, SSA is providing notice of its batch average discharge exposure to that the proposed action will not have information collections that require exceed 43 GWD/MT after the current a significant effect on the quality of the submission to the Office of Management cycle and to increase to 45 GWD/MT human environment. Accordingly, the and Budget (OMB). SSA is soliciting thereafter. FitzPatrick depletes fuel Commission has determined not to comments on the accuracy of the assemblies to these burnups with prepare an environmental impact agency’s burden estimate; the need for minimal cladding perforations so that statement for the proposed action. the information; its practical utility; the fission product inventory present in For further details with respect to the ways to enhance its quality, utility and the SFP water remains low. The high proposed action, see the licensee’s letter clarity; and on ways to minimize burden values of batch average and peak dated October 14, 1997, as on respondents, including the use of assembly discharge burnup ensure that supplemented by letters dated July 23, automated collection techniques or the electricity generated by FitzPatrick 1998, December 3, 1998, February 25, other forms of information technology.
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I. The information collection listed of this publication. Comments should be VR program requirements, and below will be submitted to OMB within directed to the SSA Reports Clearance operating an Information and Referral 60 days from the date of this notice. Officer and the OMB Desk Officer at the System to link providers with Therefore, comments and addresses listed at the end of this beneficiaries. In addition, B&D will recommendations regarding the publication. You can obtain a copy of conduct surveys of beneficiaries and information collection would be most the OMB clearance packages by calling APs to determine customer satisfaction useful if received by the Agency within the SSA Reports Clearance Officer on and to identify program areas requiring 60 days from the date of this (410) 965–4145, or by writing to him. improvement. publication. Comments should be 1. Referral System for Vocational Information Collection directed to the SSA Reports Clearance Rehabilitation Providers 0960—NEW Officer at the address listed at the end In support of the RSVP project, SSA of this publication. You can obtain a Background will conduct semi-annual voluntary copy of the collection instrument by In 1996 the Social Security information collections of both AP’s and calling the SSA Reports Clearance Administration (SSA) initiated an Beneficiaries/Recipients (B/R). The data Officer on (410) 965–4145, or by writing innovative expansion of its vocational collection effort will be conducted in to him at the address listed at the end rehabilitation (VR) referral and payment survey format and has four goals: of this publication. program. Under this program, SSA pays 1. To help program administrators 1. Work Activity Report—Employee- VR providers for the costs of VR services understand the reasons for varying 0960–0059. The information on form provided to disability beneficiaries, if levels of satisfaction with the program; SSA–821–BK will be used by the Social such services result in the individual 2. To help program administrators Security Administration (SSA) to obtain going to work at a specified earnings understand the potential causes for work information from beneficiaries in level for at least nine months. varying levels of success of the program; face-to-face interviews, telephone Throughout this project, SSA has 3. To guide program change; and 4. If interviews, or by mail during the initial expanded its VR program to increase the necessary, to plan continuation of the claims process, during the continuing base of providers who are available to program after the initial trial period. disability review process, and whenever serve people with disabilities. By Through these voluntary surveys, SSA a work issue arises in Supplemental increasing this base, more people will will collect three types of data: Security Income claims. The purpose of be able to get the services they need to 1. Descriptive data that describe the the SSA–821–BK is to collect go to work, become independent of the information concerning whether benefit rolls, and thus achieve savings to B/R and data that describe the APs’ beneficiaries have worked in SSA’s trust funds. vocational rehabilitation practice that employment after becoming disabled In September 1997, SSA contracted are not available and are necessary to and, if so, whether that work is with Birch & Davis Associates, Inc. evaluate respondents’ satisfaction in the substantial gainful activity. The (B&D), to provide management support context of their actual experience; 2. information will be used to determine if to its expanded VR referral and payment Quantitative data on B/R and AP the recipient continues to meet the program. This contract is for a three- satisfaction with the program; and 3. disability requirements of the law. year demonstration project known as Free-text comments by B/Rs and APs Number of Respondents: 300,000. the Referral System for Vocational regarding their experience with the Frequency of Response: 1. Rehabilitation Providers (Project RSVP). program. Average Burden Per Response: 45 SSA continues to be responsible for The data will be aggregated for all B/ minutes. awarding Alternate Participant (AP) Rs and for all APs. A semi-annual report Estimated Annual Burden: 225,000 contracts to VR providers, determining will be generated for SSA. The hours. the appropriateness of claims submitted information will be used by AP program II. The information collections listed by APs, and reimbursing APs for the administrators at SSA and by B&D below have been submitted to OMB for costs of their services if the project management staff. The clearance. Written comments and requirements for payment are met. respondents will be SSI/SSDI recommendations on the information B&D supports SSA’s efforts by beneficiaries and APs under contract collections would be most useful if marketing to and recruiting VR with SSA to provide vocational received within 30 days from the date providers, training providers on SSA’s rehabilitation services to beneficiaries.
Average Number of Frequency burden per Estimated Survey form respondents of response response annual bur- (minutes) den (hours)
Survey for APs who have submitted claims ...... 12 2 20 8 Survey for APs who have not submitted a claim ...... 314 2 20 210 Survey for B/Rs who have signed a Rehabilitation or Employment Plan ...... 44 2 20 30 Survey for B/Rs who have not signed a Rehabilitation or Employment Plan ...... 2,000 2 20 1,334
Total Annual Burden Hours Requested ...... 1,582
2. Statement of Income and and resources of ineligible spouses/ are ineligible spouses, parents, and Resources—0960–0124. The information parents/children and sponsors of aliens children who live in the same collected by the Social Security is used in the ‘‘Deeming’’ process. household as an eligible individual/ Administration on Form SSA–8010 is ‘‘Deeming’’ is the attribution of child, and sponsors of aliens. necessary in the SSI eligibility/payment another’s income to an eligible Number of Respondents: 355,000. process. Information about the income individual/child/alien. The respondents Frequency of Response: 1.
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Average Burden Per Response: 25 countervailing duty (AD/CVD) Chapter 19 Roster and Composition of minutes. proceedings and amendments to AD/ Binational Panels Estimated Annual Burden: 147,917 CVD statutes of a NAFTA Party. The Annex 1901.2 of the NAFTA provides hours. United States annually renews its for the maintenance of a roster of at least 3. Public Law 105–306, Noncitizen selections for the Chapter 19 roster. 75 individuals for service on Chapter 19 Benefit Clarification and Other Applications are invited from eligible binational panels, with each NAFTA Technical Amendments Act of 1998 individuals wishing to be included on Party selecting at least 25 individuals. A provided that nonqualified aliens who the roster for the period April 1, 2000 separate five-person panel is formed for were receiving SSI on August 22, 1996 through March 31, 2001. each review of a final AD/CVD would remain eligible for SSI as long as DATES: determination or statutory amendment. all other requirements for eligibility Applications should be received To form a panel, the two NAFTA Parties were met (e.g., income and resources, no later than December 9, 1999. involved each appoint two panelists, etc.). Section 416.1618 of the Code of ADDRESSES: Applications should be sent normally by drawing upon individuals Federal Regulations require to Ms. Leah Mayo, Attn: Chapter 19 from the roster. If the Parties cannot nonqualified aliens to give SSA certain Roster Applications, Office of the agree upon the fifth panelist, one of the evidence which proves that they are United States Trade Representative, 600 Parties, decided by lot, selects the fifth lawfully admitted to the United States, 17th Street, NW, Washington, DC 20508. panelist from the roster. The majority of in order to qualify for SSI benefits. FOR FURTHER INFORMATION CONTACT: individuals on each panel must consist Aliens who are alleging Permanent With regard to the form of the of lawyers in good standing, and the Residence Under Color Of Law application, Ms. Leah Mayo, (202) 395– chair of the panel must be a lawyer. (PRUCOL) must present evidence of 3432; with regard to eligibility Upon each request for establishment their status at the time of application for requirements, David J. Ross, Assistant of a panel, roster members from the two SSI benefits and periodically thereafter. General Counsel, (202) 395–3581. involved NAFTA Parties will be The respondents are nonqualified aliens requested to complete a disclosure form, who apply for or receive SSI benefits. SUPPLEMENTARY INFORMATION: Number of Respondents: 9,000. which will be used to identify possible Binational Panel Reviews Under Frequency of Response: Annually. conflicts of interest or appearances Average Burden Per Response: 5 NAFTA Chapter 19 thereof. The disclosure form requests information regarding financial interests minutes. Article 1904 of the NAFTA provides Estimated Annual Burden: 750 hours. and affiliations, including information that a party involved in an AD/CVD regarding the identity of clients of the (SSA Address) proceeding may obtain review by a roster member and, if applicable, clients binational panel of a final AD/CVD Social Security Administration, of the roster member’s firm. determination of one NAFTA Party with DCFAM, Attn: Frederick W. respect to the products of another Criteria for Eligibility for Inclusion on Brickenkamp, 6401 Security Blvd., 1– NAFTA Party. Binational panels decide Chapter 19 Roster A–21 Operations Bldg., Baltimore, whether such AD/CVD determinations MD 21235 Section 402 of the NAFTA are in accordance with the domestic Implementation Act (Pub. L. 103–182, (OMB Address) laws of the importing NAFTA Party, and as amended (19 U.S.C. 3432)) (‘‘Section Office of Management and Budget, must use the standard of review that 402’’) provides that selections by the OIRA, Attn: Lori Schack, New would have been applied by a domestic United States of individuals for Executive Office Building, Room court of the importing NAFTA Party. A inclusion on the Chapter 19 roster are to 10230, 725 17th St., NW, Washington, panel may uphold the AD/CVD be based on the eligibility criteria set D.C. 20503 determination, or may remand it to the out in Annex 1901.2 of the NAFTA, and national administering authority for Dated: November 3, 1999. without regard to political affiliation. action not inconsistent with the panel’s Annex 1901.2 provides that Chapter 19 Frederick W. Brickenkamp, decision. Panel decisions may be roster members must be citizens of a Reports Clearance Officer, Social Security reviewed in specific circumstances by a NAFTA Party, must be of good character Administration. three-member extraordinary challenge and of high standing and repute, and are [FR Doc. 99–29238 Filed 11–8–99; 8:45 am] committee, selected from a separate to be chosen strictly on the basis of their BILLING CODE 4191±02±U roster composed of fifteen current or objectivity, reliability, sound judgment former judges. and general familiarity with Article 1903 of the NAFTA provides international trade law. Aside from OFFICE OF THE UNITED STATES that a NAFTA Party may refer an judges, roster members may not be TRADE REPRESENTATIVE amendment to the AD/CVD statutes of affiliated with any of the three NAFTA another NAFTA Party to a binational Parties. Section 402 also provides that, North American Free Trade panel for a declaratory opinion as to to the fullest extent practicable, judges Agreement; Invitation for Applications whether the amendment is inconsistent and former judges who meet the for Inclusion on the Chapter 19 Roster with the General Agreement on Tariffs eligibility requirements should be AGENCY: Office of the United States and Trade (GATT), the GATT selected. Antidumping or Subsidies Codes, Trade Representative. Procedures for Selection of Chapter 19 ACTION: Invitation for applications. successor agreements, or the object and purpose of the NAFTA with regard to Roster Members SUMMARY: Chapter 19 of the North the establishment of fair and predictable Section 402 establishes procedures for American Free Trade Agreement conditions for the liberalization of trade. the selection by the United States Trade (NAFTA) provides for the establishment If the panel finds that the amendment is Representative of the individuals of a roster of individuals to serve on inconsistent, the two NAFTA Parties chosen by the United States for binational panels convened to review shall consult and seek to achieve a inclusion on the Chapter 19 roster. The final determinations in antidumping or mutually satisfactory solution. roster is renewed annually, and applies
VerDate 29-OCT-99 14:22 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 E:\FR\FM\A09NO3.098 pfrm03 PsN: 09NON1 61172 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Notices during the one-year period beginning Agents Registration Act, 22 U.S.C. § 611 Notwithstanding any other provision of April 1 of each calendar year. et seq., and the dates of all registration law, no person is required to respond to Under section 402, an interagency periods. nor shall a person be subject to a committee chaired by the United States 12. List of proceedings brought under penalty for failure to comply with a Trade Representative prepares a U.S., Canadian or Mexican AD/CVD law collection of information subject to the preliminary list of candidates eligible regarding imports of U.S., Canadian or requirements of the PRA unless that for inclusion on the Chapter 19 Roster. Mexican products in which applicant collection of information displays a After consultation with the Senate advised or represented (for example, as currently valid OMB number. This Committee on Finance and the House consultant or attorney) any U.S., notice’s collection of information Committee on Ways and Means, the Canadian or Mexican party to such burden is only for those persons who United States Trade Representative proceeding and, for each such wish voluntarily to apply for selects the final list of individuals proceeding listed, the name and country nomination to the NAFTA Chapter 19 chosen by the United States for of incorporation of such party. roster. It is expected that the collection inclusion on the Chapter 19 roster. 13. A short statement of qualifications of information burden will be under 3 and availability for service on Chapter hours. This collection of information Remuneration 19 panels, including information contains no annual reporting or record Roster members selected for service relevant to the applicant’s familiarity keeping burden. This collection of on a Chapter 19 binational panel will be with international trade law and information was approved by OMB remunerated at the rate of 400 Canadian willingness and ability to make time under OMB Control Number 0350–0009. dollars per day. commitments necessary for service on Please send comments regarding the Applications panels. collection of information burden or any 14. On a separate page, the names, other aspect of the information Eligible individuals who wish to be addresses, telephone and fax number of collection to USTR at the address above. included on the Chapter 19 roster for three individuals willing to provide the period April 1, 2000 through March information concerning the applicant’s Privacy Act 31, 2001 are invited to submit qualifications for service, including the The following statements are made in applications. Applicants should submit applicant’s familiarity with accordance with the Privacy Act of an original application and 1 copy. international trade laws, character, 1974, as amended (5 U.S.C. § 552a). The Applications must be typewritten, and reputation, reliability, and judgment. authority for requesting information to should be headed ‘‘Application for be furnished is section 402 of the Current Roster Members and Prior Inclusion on NAFTA Chapter 19 NAFTA Implementation Act. Provision Applicants Roster.’’ Applications should include of the information requested above is the following information, and each Current members of the Chapter 19 voluntary; however, failure to provide section of the application should be roster who remain interested in the information will preclude your numbered as indicated: inclusion on the Chapter 19 roster are consideration as a candidate for the 1. Name of the applicant. requested to submit updated NAFTA Chapter 19 roster. The 2. Business address, telephone applications. Individuals who have information provided is needed, and number, fax number, and email address. previously applied but have not been will be used by USTR, other federal 3. Citizenship(s). selected may reapply. If an applicant, government trade policy officials 4. Current employment, including including a current or former roster concerned with NAFTA dispute title, description of responsibility, and member, has previously submitted settlement, and officials of the other name and address of employer. materials referred to in item 9, such NAFTA Parties to select well-qualified 5. Relevant education and materials need not be resubmitted. individuals for inclusion on the Chapter professional training. Public Disclosure 19 roster and for service on Chapter 19 6. Spanish language fluency, written binational panels. and spoken. Applications normally will be subject Robert T. Novick, 7. Post-education employment to public disclosure. An applicant who history, including the dates and address wishes to exempt information from General Counsel. of each prior position and a summary of public disclosure should follow the [FR Doc. 99–29346 Filed 11–8–99; 8:45 am] responsibilities. procedures set forth in 15 CFR § 2003.6. BILLING CODE 3190±01±P 8. Relevant professional affiliations and certifications, including, if any, False Statements current bar memberships in good Pursuant to section 402(c)(5) of the OFFICE OF THE UNITED STATES standing. NAFTA Implementation Act, false TRADE REPRESENTATIVE 9. A list and copies of publications, statements by applicants regarding their 1999±2000 Allocation of the Raw Cane testimony and speeches, if any, personal or professional qualifications, Sugar Tariff-rate Quota concerning AD/CVD law. Judges or or financial or other relevant interests former judges should list relevant that bear on the applicants’ suitability AGENCY: Office of the United States judicial decisions. Only one copy of for placement on the Chapter 19 roster Trade Representative. publications, testimony, speeches and or for appointment to binational panels ACTION: Notice. decisions need be submitted. are subject to criminal sanctions under 10. Summary of any current and past 18 U.S.C. 1001. SUMMARY: The Office of the United employment by, or consulting or other States Trade Representative (USTR) is work for, the United States, Canadian or Paperwork Reduction Act providing notice of the country-by- Mexican Governments. This notice contains a collection of country allocation of the in-quota 11. The names and nationalities of all information provision subject to the quantity of the tariff-rate quota for foreign principals for whom the Paperwork Reduction Act (PRA) that imported raw cane sugar for the period applicant is currently or has previously has been approved by the Office of beginning October 1, 1999, and ending been registered pursuant to the Foreign Management and Budget (OMB). September 30, 1999. Notice of the
VerDate 29-OCT-99 14:22 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 E:\FR\FM\A09NO3.184 pfrm03 PsN: 09NON1 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Notices 61173 country allocations for the 1999–2000 FY2000 SUMMARY: The DSU provides a refined and sugar-containing products Country allocation mechanism for the settlement of tariff-rate quotas was published in the disputes between the governments Federal Register October 7, 1999 Madagascar ...... 7,258 which are members of the WTO. A (Federal Register Volume 64, Number Malawi ...... 10,531 three-person panel conducts each Mauritius ...... 12,637 dispute settlement proceeding and 1941, page 54719). Mexico ...... 25,000 EFFECTIVE DATE: November 2, 1999. Mozambique ...... 13,690 issues a report for consideration by the Dispute Settlement Body (DSB) in ADDRESSES: Inquiries may be mailed or Nicaragua ...... 22,115 which representatives of all WTO delivered to Karen Ackerman, Senior Panama ...... 30,540 members participate. The DSU also Economist, Office of Agricultural Affairs Papua New Guinea ...... 7,258 Paraguay ...... 7,258 provides for the WTO Secretariat to (Room 423), Office of the United States Peru ...... 43,177 maintain an indicative roster of well- Trade Representative, 600 17th Street, Philippines ...... 142,169 qualified governmental and non- NW, Washington, DC 20508. South Africa ...... 24,221 governmental individuals, to assist in FOR FURTHER INFORMATION CONTACT: St. Kitts & Nevis ...... 7,258 the selection of panelists for dispute Swaziland ...... 16,850 Karen Ackerman, Office of Agricultural settlement proceedings. Affairs, 202–395–6127. Taiwan ...... 12,637 Thailand ...... 14,743 Section 123(b) of the Uruguay Round SUPPLEMENTARY INFORMATION: Pursuant Trinidad-Tobago ...... 7,372 Agreements Act (URAA), Public Law to Additional U.S. Note 5 to chapter 17 Uruguay ...... 7,258 103–405, provides that the Trade of the Harmonized Tariff Schedule of Zimbabwe ...... 12,637 Representative shall seek to ensure that the United States (HTS), the United persons appointed to the WTO roster are States maintains a tariff-rate quota for Total ...... 1,135,000 well-qualified and that the roster imports of raw cane sugar. The in-quota includes persons with expertise in all of quantity of the raw cane sugar tariff-rate This allocation includes the following the subject matters covered by the quota for the period October 1, 1999– minimum quota-holding countries: Uruguay Round Agreements. USTR September 30, 2000, has been initially Congo, Cote d’Ivoire, Gabon, Haiti, invites citizens of the United States with established by the Secretary of Madagascar, Papua New Guinea, appropriate qualifications to apply for Agriculture, and 1,135,000 metric tons, Paraguay, St. Kitts & Nevis, and consideration as a nominee to the roster. raw value (1,251,123 short tons) have Uruguay. DATE: Eligible citizens are encouraged to been released to the Office of the U.S. Under the NAFTA, the United States apply by December 9, 1999 to be Trade Representative for allocation. is to provide total access for raw and considered for nomination to the roster Section 404(d)(3) of the Uruguay refined sugar from Mexico of 25,000 in 1999. Round Agreements Act (19 U.S.C. metric tons, raw value, for this quota FOR FURTHER INFORMATION CONTACT: For 3601(d)(3)) authorizes the President to period in conjunction with Mexico’s net information concerning the form of the allocate the in-quota quantity of a tariff- surplus producer status. This allocation application, contact Sandy McKinzy, rate quota for any agricultural product is subject to the condition that the total Litigation Assistant, USTR Office of among supplying countries or customs imports of raw and refined sugar from Monitoring and Enforcement, (202) 395– areas. The President delegated this Mexico, combined, are not to exceed 3582. For information concerning WTO authority to the United States Trade 25,000 metric tons raw value. procedures or the duties involved, Representative under paragraph (3) of Conversion factor: 1 metric contact Amelia Porges, Senior Counsel Presidential Proclamation No. 6763 (60 ton = 1.10231125 short tons. for Dispute Settlement, (202) 395–7305 FR 1007). Charlene Barshefsky, or Stephen Kho, Assistant General Accordingly, the 1,135,000 metric United States Trade Representative. Counsel, (202) 395–3581. For tons for raw cane sugar are being [FR Doc. 99–29345 Filed 11–8–99; 8:45 am] information relating to the GATS, allocated to the following countries in BILLING CODE 3190±01±P contact Steven Fabry, Associate General metric tons, raw value: Counsel, (202) 395–3582 or Peter Collins, Deputy Assistant USTR for FY2000 OFFICE OF THE UNITED STATES Country allocation Services and Investment, (202) 395– TRADE REPRESENTATIVE 7271. Further information on the WTO Argentina ...... 45,283 and dispute settlement is available on Australia ...... 87,408 Notice of Opportunity To Apply for the Internet at http://www.ustr.gov/ Barbados ...... 7,372 Nomination to the World Trade reports/tpa/1999/iv-a.pdf; the text of the Belize ...... 11,584 Organization Dispute Settlement DSU is available on the Internet at Bolivia ...... 8,425 Roster of Panel Candidates http://www.wto.org/wto/dispute/ Brazil ...... 152,700 dsu.htm. Colombia ...... 25,274 AGENCY: Office of the United States Congo ...... 7,258 Trade Representative. SUPPLEMENTARY INFORMATION: Pursuant to Article 8 of the DSU, the WTO Cote d'Ivoire ...... 7,258 ACTION: Notice of opportunity to apply Costa Rica ...... 15,797 for nomination by the United States to Secretariat is to maintain an indicative Dominican Republic ...... 185,346 the indicative list of non-governmental list of well-qualified governmental and Ecuador ...... 11,584 non-governmental individuals, El Salvador ...... 27,381 panelist candidates provided for in Article 8 of the Understanding on Rules including persons who have served on Fiji ...... 9,478 or presented a case to a panel, taught or Gabon ...... 7,258 and Procedures Governing the published on international trade law or Guatemala ...... 50,549 Settlement of Disputes (DSU) and in the Guyana ...... 12,637 Decision on Certain Dispute Settlement policy, or served as a senior trade policy Haiti ...... 7,258 Procedures for the General Agreement official of a WTO member country. The Honduras ...... 10,531 on Trade in Services (GATS) of the indicative list will be used to assist in India ...... 8,425 World Trade Organization (WTO). the selection of panelists for dispute Jamaica ...... 11,584 settlement proceedings. Panel members
VerDate 29-OCT-99 14:22 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 E:\FR\FM\A09NO3.178 pfrm03 PsN: 09NON1 61174 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Notices are to be selected with a view to dispute relates. The GATS Annex on 6. Relevant education and ensuring a sufficiently diverse Financial Services further provides that professional training, including background and a wide spectrum of panels for disputes on prudential issues particular service-sector expertise, if experience. The current roster list dates and other financial matters must have any; principally from 1997 (with the addition the necessary expertise relevant to the 7. Post-education employment of a few persons nominated later and specific financial service under dispute. history, including the dates and address approved by the DSB). The list is WTO dispute settlement panels of each prior position and a summary of available on the Internet in http:// consist of three persons (unless the responsibilities; www.ustr.gov/reports/tpa/1999/iv- parties agree to have five panelists) 8. Relevant professional affiliations b.pdf. The roster list is updated each whose function is to make an objective and certifications; two years. assessment of the matter under dispute, 9. List of publications and speeches; USTR currently seeks applications including an objective assessment of the teaching experience in the area of trade; related to the list of non-governmental facts of the case, the applicability of the also, one copy of any speeches and individuals. Persons selected by USTR relevant WTO agreements and the publications relevant to the subject will be nominated for inclusion on the conformity of the measure under matter of the WTO agreements or WTO indicative roster subject to DSB consideration with the obligations of service sector; 10. List of international trade approval. Inclusion of a name on the those agreements. In addition, panels proceedings or domestic proceedings roster, however, does not necessarily are to make such other findings as will relating to international trade (WTO) mean that the individual will be assist the DSB in making the matters in which the person has selected for service on a panel. DSU recommendations provided for in the provided advice or otherwise Article 8.2 provides that citizens of WTO agreements. participated, including judicial or WTO Members whose governments are Panelists must act in strict conformity parties or interested third parties to a administrative proceedings over which with the provisions of the WTO that person has presided; dispute may not serve on the panel in agreements, including application of the that dispute unless the parties agree 11. The names and nationalities of all appropriate standard of review. Panels foreign principals for whom the otherwise. For example, panels for are responsible for providing a report to disputes in which the United States is applicant is currently or has previously the DSB, including recommendations if been registered pursuant to the Foreign a party or interested third party cannot necessary, on the conformity of the include any U.S. citizens unless the Agents Registration Act, 22 U.S.C. 611 matter under dispute with WTO et seq., and the dates of all registration parties to the dispute agreed otherwise. obligations. Panelists must also comply The Decision on Certain Dispute periods; also, the names and with the WTO Rules of Conduct Settlement Procedures for the GATS nationalities of all foreign entities for (available at http://www.ustr.gov/ requires that panels for GATS disputes which the applicant (or the applicant’s reports/tpa/1997/part4l2l8.html or include specific expertise on individual employer on behalf of the applicant) is sectors. GATS disputes could involve, http://www.wto.org/wto/dispute/ currently or has previously been inter alia, one or more of the following rc.htm) relating to conflicts of interest registered under the Lobbying eleven principal sectors: (1) Business and conduct as a panelist. Disclosure Act of 1995 (P.L. 104–65), services, including professional and Procedures for Application and the dates of all registration periods; related services, (for example, legal, 12. Names, addresses, telephone and, Non-governmental U.S. citizens (i.e., accounting, auditing and bookkeeping, if available, fax numbers of three taxation, medical, dental, veterinary, individuals not currently employed full- individuals authorized to provide engineering, architectural, and urban time by the U.S. Federal government or information to USTR concerning the planning services), computer and a state or local government) possessing applicant’s qualifications for service, related services, research and expertise in international trade, including the applicant’s familiarity development services, real estate services, intellectual property rights or with international trade laws and other services, rental and leasing services, and other matters covered by the WTO areas of expertise, character, reliability advertising and management services; agreements are invited to file an and judgment; and (2) communication services (including application for nomination to the WTO 13. A short statement of audio-visual services); (3) construction roster. qualifications, including information and related engineering services; (4) Applications must be typewritten and relevant to the applicant’s familiarity distribution services; (5) educational submitted along with two copies to with international trade, services or services; (6) environmental services; (7) Sandy McKinzy, Room 122, Office of other issues covered by the WTO financial services, including insurance the U.S. Trade Representative, 600 17th agreements, and availability for service. and insurance-related services, banking Street, N.W., Washington, D.C. 20508. Information provided by applicants and securities services; (8) health- However, only one copy need be will be used by USTR for the purpose related and social services; (9) tourism provided of speeches and publications of selecting candidates for nomination and travel-related services; (10) submitted under item 9 below. to the WTO roster. Further information recreational, cultural and sporting Applicants are to provide the following concerning potential conflicts may be services, and (11) transport services. information to the extent applicable: requested from individuals and the Panels for GATS disputes are to be 1. Name of the applicant; possibility of significant conflicts will composed of well-qualified 2. Business address, telephone be taken into consideration in governmental and/or non-governmental number and, if available, fax number evaluating applicants. Copies of individuals who have experience in and e-mail address; publications and speeches submitted issues related to GATS and/or trade in 3. Citizenship(s); under item 9 above will be returned to services, including associated regulatory 4. Foreign language fluency, spoken the applicant upon request. Information matters. Dispute settlement panels and written; submitted may be subject to public concerning sectoral matters under the 5. Current employment, including disclosure. Any business confidential GATS must have expertise relevant to title, description of responsibilities, and information that should not be disclosed the specific service sector to which the name and address of employer; to the public should be clearly indicated
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Current members who are no SATA Internacional to conduct foreign longer interested in serving on panels non-scheduled air transportation of need not notify USTR as they will be DEPARTMENT OF TRANSPORTATION persons, property, and mail between automatically removed from the list. points in the Portugal and points in Individuals who have previously Office of the Secretary United States, with service beginning on applied but have not been selected for or about January 4, 2000 between Lisbon nomination may reapply. Aviation Proceedings, Agreements and the Azores, Portugal and Boston, USTR will contact applicants that Filed During the Week Ending October Massachusetts. qualify for further consideration as 29, 1999 Docket Number: OST–99–6246. nominees regarding any additional Date Filed: October 28, 1999. information that may be required. The following Agreements were filed Due Date for Answers, Conforming This notice contains a collection of with the Department of Transportation Applications, or Motions to Modify information provision subject to the under the provisions of 49 U.S.C. Scope: October 19, 1999. Paperwork Reduction Act (PRA) which Sections 412 and 414. Answers may be Description: Motion of Delta Airlines, has been approved by OMB. filed within 21 days of date of filing. Inc. (‘‘Delta’’) for leave to file and Notwithstanding any other provision of Docket Number: OST–99–6423. Supplement #1 to its Application by law, no person is required to respond to Date Filed: October 29, 1999. adding the countries listed in Exhibit nor shall a person be subject to a Parties: Members of the International A–2, to the list of countries previously penalty for failure to comply with a Air Transport Association. listed in Exhibit A of Delta’s initial collection of information subject to the Subject: PTC 12 USA–EUR 0089 dated application. requirements of the PRA unless that 29 October 1999, Mail Vote 042— collection of information displays a Resolution 010L, TC12 North Atlantic Docket Number: OST–99–6323. currently valid OMB number. This USA-Europe, Special Passenger Date Filed: October 28, 1999 Due Date for Answers, Conforming notice’s collection of information Amending Resolution, Intended Applications, or Motions to Modify burden is only for those persons who effective date: 15 November 1999. wish to voluntarily apply for Scope: November 16, 1999. Dorothy W. Walker, Description Application of United nomination to the WTO roster. It is Federal Register Liaison. expected that the collection of Parcel Service Co. (‘‘UPS’’) pursuant to [FR Doc. 99–29228 Filed 11–8–99; 8:45 am] information burden will be under 3 49 U.S.C. Section 41102 and Subpart Q, hours. This is a one-time-only collection BILLING CODE 4910±62±P applies for a Certificate of Public of information, and contains no annual Convenience and Necessity to authorize it to engage in the scheduled foreign air reporting and recordkeeping burden. DEPARTMENT OF TRANSPORTATION This collection of information was transportation of property and mail between any point or points in the approved by OMB under OMB Control Office of the Secretary Number 0350–0008. Send comments United States via intermediate points to regarding the collection of information Notice of Applications for Certificates a point or points in the People’s burden or any other aspect of the of Public Convenience and Necessity Republic of China and to points beyond information collection to USTR at the and Foreign Air Carrier Permits Filed with full traffic rights between all points address above. Under Subpart Q During the Week on the route. UPS requests that it be The following statements are made in Ending October 29, 1999 granted the fourth designation to serve accordance with the Privacy Act of China available on April 1, 2001, and 1974, as amended (5 U.S.C. 552a). The The following Applications for that it be granted the ten weekly authority for requesting information to Certificates of Public Convenience and frequencies which also become be furnished is section 123(b) of the Necessity and Foreign Air Carrier available on that date. UPS further Uruguay Round Agreements Act and 15 Permits were filed under Subpart Q of requests route integration authority CFR section 2003. Provision of the the Department of Transportation’s enabling it to integrate services on the information requested above is Procedural Regulations (See 14 CFR above-described route with services voluntary; however, failure to provide 302.1701 et seq.). The due date for provided on other routes or under the the information will preclude your Answers, Conforming Applications, or various exemption authorities held by consideration as a candidate for the Motions to Modify Scope are set forth UPS. WTO roster. The information provided below for each application. Following Docket Number: OST–99–6425. is needed, and will be used by USTR the Answer period DOT may process the Date Filed: October 29, 1999. and other Federal government trade application by expedited procedures. Due Date for Answers, Conforming policy officials concerned with WTO Such procedures may consist of the Applications, or Motions to Modify dispute settlement, to select well- adoption of a show-cause order, a Scope: November 26, 1999. qualified U.S. roster candidates, and to tentative order, or in appropriate cases Description: Application of Polar Air complete standard curriculum vitae a final order without further Cargo, Inc. (‘‘Polar’’) pursuant to 49 forms required by the WTO for each proceedings. U.S.C. Section 41102 and Subpart Q, roster candidate. The information may Docket Number: OST–99–6409. applies for a certificate of public be disclosed to members of the TPSC Date Filed: October 25, 1999. convenience and necessity authorizing Subcommittee on WTO Disputes, for the Due Date for Answers, Conforming Polar to engage in scheduled foreign air purpose of evaluation of applications. Applications, or Motions to Modify transportation of property and mail Information on nominees will be Scope: November 22, 1999. between any point or points in the
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United States, via intermediate point(s), DEPARTMENT OF TRANSPORTATION the Diamond Mountain Resource Area and any point or points in Argentina RMP. The plan amendment criteria and Chile, and beyond. Polar also Federal Highway Administration would be the same as in the Diamond requests authority to integrate its Mountain Resource Area RMP Record of DEPARTMENT OF THE INTERIOR operations under this certificate with all Decision (Fall, 1994). The construction the services Polar is otherwise Bureau of Land Management project would consist of upgrading and authorized to conduct pursuant to its realigning portions of an existing county exemption and certificate authorities Environmental Impact Statement: road that crosses 19.6 km of public land consistent with applicable international Daggett county, Utah parcels administered by the BLM (12.2 agreements. miles), 6.9 km State of Utah lands (4.3 Dorothy W. Walker, AGENCY: Federal Highway Administration (FHWA), DOT Bureau of miles), as well as .5 km of land that is Federal Register Liaison. privately owned (.3 miles). [FR Doc. 99–29229 Filed 11–8–99; 8:45 am] Land Management, (BLM), DOI. Currently, the Browns Park Road is BILLING CODE 4910±62±P ACTION: Notice of Intent to Prepare an Environmental Impact Statement and unpaved, and characterized by rutted Amend the Diamond Mountain washboard surfaces and dust producing DEPARTMENT OF TRANSPORTATION Resource Area Resource Management surface materials. Horizontal and Plan. vertical alignments on the existing Federal Aviation Administration roadway vary from good in the straight SUMMARY: The FHWA and BLM are sections to poor on the steep and issuing this Notice to advise the public RTCA Joint RTCA Special Committee curving sections. Jesse Ewing Canyon 180 and Eurocae Working Group 46 that an Environmental Impact Statement has some extremely steep grades in the Meeting; Design Assurance Guidance (EIS) will be prepared for the proposed for Airborne Electronic Hardware Browns Park Road Re-alignment and range of 14 to 17 percent. This makes Paving Project proposed by Daggett travel very difficult during inclement Pursuant to section 10(a)(2) of the County, Utah. This 26.9 km (16.8 miles) weather and has proven to be very Federal Advisory Committee Act (Pub. segment would connect from the dangerous as evidenced by a traffic L. 92–463, 5 U.S.C., Appendix 2), notice currently paved portion of Browns Park fatality in recent years. In addition to is hereby given for a joint RTCA Special Road that junctions with US Highway addressing these maintenance and Committee 180 and EUROCAE Working safety concerns, Daggett County also Group 46 meeting to be held January 191 in Utah to Colorado Route 318. The BLM, as a cooperating agency, under considers it important to bring this road 11–13, 2000, starting at 8:30 a.m. on up to the standards of the adjoining January 11. The meeting will be held at this Notice of Intent to Prepare an EIS, highways. RTCA, 1140 Connecticut Avenue NW., may amend the Diamond Mountain Suite 1020, Washington, DC. Resource Area Resource Management The proposal is to pave the section of The agenda will be as follows: (1) Plan (RMP) by adding a corridor for the Daggett County road between Red Creek Chairman’s Introductory Remarks; (2) proposed action. (T3N R23E Sec. 16) and the Colorado Review and Approval of Meeting AGENCY DECISIONS: In accordance with State line (T2N R25E Sec. 35), known as Agenda; (3) Review and Approval of the National Environmental Policy Act the Browns Park Road. This 26.9 km Minutes of Previous Joint Meeting; (4) of 1969, as amended, the FHWA must segment would be 9 m (29.5 feet) in Editorial Team Meeting Report; (5) decide whether or not to proceed with width and have a design speed of 60 Leadership Team Meeting Report; (6) the proposed project and under what km/hr (38 mph). It would connect from Review Action Items; (7) Plenary terms, conditions, and stipulations. The the currently paved portion of Browns Disposition of Document Comments; (8) BLM, which will assist in the Park Road that junctions with US preparation of the EIS, will decide Special Committee 190 Committee Highway 191 in Utah to Colorado Route Activity Report; (9) Other Business; (10) whether to amend the RMP and provide 318, and provide improved access to Formal approval of text of documents; a letter of consent to the FHWA under recreational, agricultural, and (11) Closing. Interagency Agreement AA851–LA2–40. commercial developments in the Green Attendance is open to the interested FOR FURTHER INFORMATION CONTACT: Tom River and Flaming Gorge areas from public but limited to space availability. Allen, Environmental Engineer, Federal With the approval of the chairman, Highway Administration, 2520 West Utah, Colorado and Wyoming. members of the public may present oral 4700 South, Suite 9A, Salt Lake City, The proposed project would generally statements at the meeting. Persons Utah 84118–1847, Telephone: (801) follow the existing Browns Park Road wishing to present statements or obtain 963–0078 Ext. 229; Greg Searle, Utah alignment. However, there are two information should contact the RTCA Department of Transportation, Region 3 proposed courses around Jesse Ewing Secretariat, 1140 Connecticut Avenue, (801) 227–8058 and Duane De Paepe, Canyon that would lengthen the road NW., Suite 1020, Washington, DC, Bureau of Land Management, Vernal course to reduce grades and provide a 20036; (202) 833–9339 (phone); (202) Field Office, (435) 781–4400. safer route of travel. 833–9434 (fax); or http://www.rtca.org SUPPLEMENTARY INFORMATION: FHWA as (web site). Members of the public may The corridor width needed for lead agency, in cooperation with the construction would be expected to present a written statement to the Utah Department of Transportation committee at any time. average about 30.5 m (100 feet). New (UDOT) will prepare an EIS to re-align disturbance associated with the Issued in Washington, DC, on November 4, and pave the existing Browns Park 1999. realignment proposed in Jesse Ewing Road. The Vernal Field Office of the Canyon is expected to be approximately Jane P. Caldwell, Bureau of Land Management will serve 12.1 hectares (30 acres). In addition, Designated Official. as a cooperating agency and will assist several construction equipment staging [FR Doc. 99–29312 Filed 11–8–99; 8:45 am] in preparation of the EIS and direct BILLING CODE 4910±13±M preparation of the plan amendment for
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(temporary use) areas and borrow sites West 4700 South, Suite 9A, Salt Lake on July 8, 1999, at 64 FR 36831. Three would be required, and would be City, Utah 84118–1847, Telephone: respondents submitted comments located along the road corridor (8.1 (801) 963–0078 Ext. 229. pertaining to the collection. These are hectares [20 acres]). The overall (Catalog of Federal Domestic Assistance reviewed later in this notice. disturbed area associated with this Program Number 20.205, Highway Research, DATES: Comments must be submitted on project is expected to be less than 60.7 Planning and Construction. The regulations or before December 9, 1999. implementing Executive Order 12372 hectares (150 acres). FOR FURTHER INFORMATION CONTACT: The primary users of the Browns Park regarding intergovernmental consultation on Federal programs and activities apply to this Michael Hokana, Office of Ports and Road are agriculturists, recreationists, Domestic Shipping, Maritime and residents in the area. The upgrade program.) Comments, including names and Administration, 400 7th Street, SW, of the road would greatly improve travel street addresses of respondents will be Washington, DC 20590, Telephone 202– conditions and safety, and would available for public review at the Utah 366–0760, or FAX 202–366–6988. substantially reduce present Division of FHWA and at the BLM Copies of this collection can also be maintenance costs for the road. It would Vernal Field Office and will be subject obtained from that office. also support the increased travel to disclosure under the Freedom of SUPPLEMENTARY INFORMATION: demands projected for the near future. Information Act (FOIA). They may be The alternative is no action which Maritime Administration (MARAD) published as part of the Environmental would leave the road in its present Impact Statement and other related Title: Application for Waiver of the condition. Suggestions for other documents. Individual respondents may Coastwise Trade Laws for Small alternatives are welcome. request confidentiality. If you wish to Passenger Vessels. Letters describing the proposed OMB Control Number: 2133–NEW. project and soliciting comments will be withhold your name or street address from public review and disclosure Type of Request: Approval of a new sent to appropriate federal, state, and request. local agencies, and to private under the FOIA, you must state this prominently at the beginning of your Affected Public: Small passenger organizations and citizens who have vessel owners desirous of operating in previously expressed or are known to written comment. Such requests will be honored to the extent allowed by law. the coastwise trade. have an interest in this proposal. Form(s): None. Three public open house scoping All submissions from organizations or businesses, and from individuals Abstract: Owners of ship vessels meetings will be held, two in Utah desiring waiver of the coastwise trade (Dutch John and Vernal), and one in identifying themselves as representatives or officials of laws affecting small passenger vessels Craig, Colorado. The open houses will will be required to file a written include displays explaining the project organizations or businesses, will be made available for public inspection in application and justification for waiver and a forum for commenting on the to the Maritime Administration project. The meetings will be held as their entirety. Michael Ritchie, (MARAD). The agency will review the follows: application and make a determination Craig, Colorado: December 1, 1999, 5:00 Division Administrator, Utah Division, Federal Highway Administration, Salt Lake whether to grant the requested waiver. p.m. to 8:00 p.m., Craig City Hall, 300 City, Utah. Annual Estimated Burden Hours: 100 West 4th Street, Council Meeting Linda S. Colville, hours. Room ADDRESSES: Send comments to the Vernal, Utah: December 2, 1999, 5:00 BLM Acting Utah State Director, Salt Lake City, Utah. Office of Information and Regulatory p.m. to 8:00 p.m., Western Park, 302 Affairs, Office of Management and East 200 South [FR Doc. 99–28943 Filed 11–8–99; 8:45 am] BILLING CODE 4910±22±M Budget, 725 17th Street, NW, Dutch John, Utah: December 3, 1999, Washington, DC 20503, Attention 5:00 p.m. to 8:00 p.m., Dutch John MARAD Desk Officer. Conference Hall DEPARTMENT OF TRANSPORTATION Written comments on the scope of Comments Are Invited on this proposal will be accepted until Maritime Administration Whether the proposed collection of December 27, 1999. Comments should information is necessary for the proper be directed to Linda Matthews, JBR Reports, Forms and Recordkeeping performance of the functions of the Environmental Consultants, Inc., 8160 Requirements; Agency Information agency, including whether the South Highland Drive, Suite A–4, Collection Activity Under OMB Review information will have practical utility; Sandy, Utah 84093. At least one public AGENCY: Maritime Administration, DOT. the accuracy of the agency’s estimate of hearing will be held following release of ACTION: Notice and request for the burden of the proposed information the Draft EIS. Public notice will be given comments. collection; ways to enhance the quality, of the time and place of the hearing. The utility and clarity of the information to Draft EIS will be available for public SUMMARY: In compliance with the be collected; and ways to minimize the and agency review and comment prior Paperwork Reduction Act of 1995 (44 burden of the collection of information to the public hearing. U.S.C. 3501 et seq.), this notice on respondents, including the use of To ensure that the full range of issues announces that the Information automated collection techniques or related to this proposed project is Collection abstracted below has been other forms of information technology. addressed and any significant impacts forwarded to the Office of Management A comment to OMB is best assured of are identified, comments and and Budget (OMB) for review and having its full effect if OMB receives it suggestions are invited from all comment. The nature of the information within 30 days of publication. interested parties. Comments or collection is described as well as its questions concerning this proposed expected burden. The Federal Register Comments Received in Response to 60- project and the EIS should be directed Notice with a 60-day comment period Day Comment Period to Tom Allen, Environmental Engineer, soliciting comments on the following On July 8, 1999, a notice was Federal Highway Administration, 2520 collection of information was published published in the Federal Register, 64 FR
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36831, requesting comments within 60 revocation of the waiver under section U.S.C. 30111(a). The definition of ‘‘motor days on this information collection. 388.5. vehicle safety’’ is as follows: Three respondents submitted ‘‘Motor vehicle safety’’ means the performance of a motor vehicle or motor comments. One concurred, indicating it Issued in Washington, DC on November 3, 1999. vehicle equipment in a way that protects the appeared all interests have been served Joel C. Richard, public against unreasonable risk of accidents by the wording and thought behind this occurring because of the design, construction measure. The second respondent made Secretary, Maritime Administration. or performance of a motor vehicle, and three recommendations: (1) Eliminate [FR Doc. 99–29268 Filed 11–8–99; 8:45 am] against unreasonable risk of death or injury the geographical region of intended BILLING CODE 4910±81±P in an accident, and includes nonoperational safety of a motor vehicle. operation and trade. MARAD’s Section 30118(d) of the Act exempts response—Non-concur, we find it DEPARTMENT OF TRANSPORTATION manufacturers from the Act’s notice and necessary to require the geographical remedy requirements when the Secretary region in order to make the necessary National Highway Traffic Safety determines that a defect or noncompliance is determination of adverse affect of the Administration inconsequential as it relates to motor vehicle requested waiver. (2) Eliminate the safety. Section 30118(d) of the Act requirement to include impact on other [Docket No. NHTSA 99±6207, Notice 1] demonstrates Congress’ acknowledgment that there are cases where a manufacturer has commercial passenger vessel operators Bombardier Motor Corporation of failed to comply with a FMVSS and yet the in the application for waiver. MARAD’s America, Inc.; Receipt of Application impact on motor vehicle safety is so slight response—Non-concur, the information for Determination of Inconsequential that an exemption from the notice and remedy requirements of the Act is justified. on impact is needed to determine the Noncompliance adverse affect, if any, and is therefore FMVSS No. 209 provides the requirements retained in the application information Bombardier Motor Corporation of for seatbelt assemblies. 49 CFR 571.209 S1 America, Inc. (‘‘BMCA’’) of Melbourne, (1998). The purpose for seat belt assemblies collection requirements. (3) Eliminate is to provide occupant restraint. Id at S4.1(b). the application fee. MARAD’s Florida has applied to be exempted from Although not discussed in regulations, response—Non-concur, the application the notification and remedy common sense dictates that when a seat belt fee will be retained as it is Federal requirements of 49 U.S.C. Chapter 301 assembly is properly installed, the marking policy to assess a ‘‘user charge’’ against ‘‘Motor Vehicle Safety’’ for a or labeling requirements at FMVSS No. 209 each identifiable recipient for special noncompliance with 49 CFR 571.209, S4.1(j) play no role in the performance of benefits derived from Federal activities Federal Motor Vehicle Safety Standard such seatbelt assembly.’’ (FMVSS) No. 209, ‘‘Seat Belt The seat belt assembly labeling beyond those received by the general requirement at FMVSS No. 209 S4.1(j) public (Office of Management and Assemblies,’’ on the basis that the provides in pertinent part: Budget Circular A–25, ‘‘User Charges,’’ noncompliance is inconsequential to Each seatbelt assembly shall be July 8, 1993). Processing a waiver motor vehicle safety. BMCA has filed a permanently and legibly marked or labeled application would provide such a report of noncompliance pursuant to 49 with year of manufacture, model, and make special benefit. CFR part 573 ‘‘Defects and or trademark of manufacturer or distributor, Noncompliance Reports.’’ or of importer if manufactured outside the The third respondent proposed a Notice of receipt of the application is United States. number of changes to the proposed published under 49 U.S.C. 30118 and Because this standard does not address regulation. All comments are addressed 30120 and does not represent any seatbelt assembly materials or performance in the preamble to the final rule. Here, requirements, the purpose of FMVSS No. 209 agency decision or other exercise of S4.1(j) appears to assure that the correct seat we are concerned only with the four judgement concerning the merits of the comments relevant to the information belt assemblies are installed in a given application. vehicle—either as original equipment collection requirements: (1) Suggest that Description of the Noncompliance manufacturer, or as replacement equipment. only the owner of the vessel should be BMCA’s noncompliance with FMVSS No. able to submit a waiver application. S4.1(j) of FMVSS No. 209 requires 209 S4.1(j) thus raises two questions: MARAD’s response—Concur, we have that each seat belt assembly be (1) Could the labeling noncompliance have revised the rule to reflect this permanently and legibly marked or caused the seat belt assemblies to have been requirement. (2) Suggest the applicant labeled with the year of manufacture, installed improperly by BMCA? be required to provide a statement and the model and name or trademark (2) Would the labeling noncompliance interfere with the proper acquisition and explaining the duration of the of the manufacturer or distributor. The installation of a replacement seat belt applicant’s ownership of the vessel, his seat belt assemblies, manufactured by assembly? cost of purchasing or otherwise Good Success Corporation, model BMCA is confident that all noncompliant obtaining the vessel, and the uses to AB401 (309), and were installed in the seat belt assemblies were properly installed which he has put the vessel since Bombardier NVs sold between June 17, at its manufacturing facility. Because BMCA obtaining it. MARAD’s response—We 1998 and April 9, 1999, do not contain only manufactures one motor vehicle subject believe these questions are unnecessary the requisite marking or labeling. With to FMVSS, there can be little confusion for MARAD to effectively carry out its the exception of the marking, the seat regarding which belt goes in which vehicle. BMCA is also confident that the labeling responsibilities under Title V of the belt assemblies in question fully comply noncompliance will not interfere with Coast Guard Authorization Act of 1998. with all NHTSA safety requirements. acquisition and installation of a replacement (3) The association supports the Bombardier Arguments seat belt assembly should there even be one. application fee of $300. (4) Require that The seat belt marking also assists should no substantial change in employment of Bombardier argues that this there be a recall regarding the seat belt, and the vessel in the coastwise trade may be noncompliance is inconsequential for the would identify the belt by year and made without prior notice to MARAD. following reasons: ‘‘Under the National manufacturer. As BMCA has been selling NV Traffic and Motor Vehicle Safety Act (the for a short period, the chance of confusion MARAD’s response—Concur, we have ‘‘Act’’), 49 U.S.C. 30101 et seq., each FMVSS over the year or seat belt manufacturer is added this requirement to the final rule, that is promulgated is required to be remote. indicating that failure to provide ‘‘practicable, meet the need for motor Because of the design of the seat belt advance notice may effect an immediate vehicle, and be stated in objective terms.’’ 49 assemblies found in Bombardier NVs, it
VerDate 29-OCT-99 14:22 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 E:\FR\FM\A09NO3.062 pfrm03 PsN: 09NON1 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Notices 61179 would be very difficult to inadvertently arguments on the petition of BMCA, DATES: Written comments should be install any of the seat belt assemblies in described above. Comments should refer received on or before December 9, 1999 question in anyplace other than the seat belt to the Docket Number and be submitted to be assured of consideration. assemblies’ intended location in the to: Docket Management, National Bombardier NV. Internal Revenue Service (IRS) BMCA is unaware of any owner Highway Traffic Safety Administration, complaints, field reports or allegations of Room PL 401, 400 Seventh Street, SW., OMB Number: 1545–1029. hazardous circumstances relating to either Washington DC 20590. It is requested Form Number: IRS Form 8693. the lack of the requisite seat belt assembly that two copies be submitted. Type of Review: Revision. label, or of the improper installation of seat All comments received before the Title: Low-Income Housing Credit belt assemblies in any of its NVs. close of business on the closing date Disposition Bond or Treasury Direct Furthermore, BMCA has found no instance indicated below will be considered. The where a seat belt assembly (regardless of Account Application. labeling compliance) was improperly application and supporting materials, Description: Form 8693 is needed per installed in any Bombardier NV. In fact and all comments received after the Internal Revenue Code (IRC) section Bombardier is unaware of any complaints closing date will also be filed and will 42(j)(6) to post bond or establish a from consumers regarding the seat belts. be considered to the extent practicable. Treasury Direct Account and waive the Seat belt assemblies for the Bombardier NV When the application is granted or recapture requirement under section are not distributed through the general denied, the Notice will be published in 42(j) for certain dispositions of a automotive aftermarket; they are only sold by the Federal Register pursuant to the Bombardier NV dealers. The part number for building on which the low-income the Bombardier NV seat belt assembly is authority indicated below. housing credit was claimed. Internal 00078. This is the only seat belt part number Comment closing date: December 9, Revenue regulations section 301.7101–1 for the vehicles in question so there can be 1999. requires that the posting of a bond must no confusion. Because seat belt assemblies (49 U.S.C. 30118, 30120; delegations of be done on the appropriate form as for the Bombardier NV are presently only authority at 49 CFR 1.50 and 49 CFR 501.8) determined by the Internal Revenue available through dealers, and that the Issued on: November 3, 1999. Service. Bombardier parts numbering system will Respondents: Business or other for- assure proper replacement seat belt Stephen R. Kratzke, assemblies, BMCA is confident that the Acting Associate Administrator for Safety profit, individuals or households. labeling noncompliance will not interfere Performance Standards. Estimated Number of Respondents/ with the proper acquisition and installation [FR Doc. 99–29269 Filed 11–8–99; 8:45 am] Recordkeepers: 1,000. of a replacement seat belt assembly. BILLING CODE 4910±59±P Estimated Burden Hours Per NHTSA has granted similar petitions for Respondent/Recordkeeper: noncompliance with seatbelt assembly Recordkeeping—13 min. labeling standards. See, generally, TRW, Inc., Learning about the law or the form— Docket. No. 92–67; Notice 2, 58 FR 7171 (1993) Chrysler Corporation, Docket. No. 92– DEPARTMENT OF THE TREASURY 14 min. 94; Notice 2, 57 FR 45,865 (1992). In both of Preparing the form—20 min. these cases the petitioners demonstrated that Submission for OMB Review; Copying, assembling, and sending the the noncompliant seat belt assemblies were Comment Request form to the IRS—20 min. properly installed, and that due to their November 2, 1999. Frequency of Response: On occasion. respective replacement parts ordering Estimated Total Reporting/ The Department of Treasury has systems, improper replacement seat belt Recordkeeping Burden: 1,130 hours. assembly selection and installation would submitted the following public unlikely occur. information collection requirement(s) to Clearance Officer: Garrick Shear, BMCA believes that because the labeling OMB for review and clearance under the Internal Revenue Service, Room 5244, noncompliance has no bearing on the Paperwork Reduction Act of 1995, 1111 Constitution Avenue, NW, materials or performance standards Public Law 104–13. Copies of the Washington, DC 20224. articulated in FMVSS No. 209, that [S16] all OMB Reviewer: Alexander T. Hunt, the seat belt assemblies in question were submission(s) may be obtained by calling the Treasury Bureau Clearance (202) 395–7860, Office of Management properly installed as original equipment, and and Budget, Room 10202, New that BMCA’s replacement part system would Officer listed. Comments regarding this preclude the purchase and installation of an information collection should be Executive Office Building, Washington, improper replacement seat belt assembly for addressed to the OMB reviewer listed DC 20503. a Bombardier NV, the noncompliance poses and to the Treasury Department Mary A. Able, no motor vehicle risk. Clearance Officer, Department of the Departmental Reports Management Officer. Interested persons are invited to Treasury, Room 2110, 1425 New York [FR Doc. 99–29297 Filed 11–8–99; 8:45 am] submit written data, views and Avenue, NW., Washington, DC 20220. BILLING CODE 4830±01±P
VerDate 29-OCT-99 17:12 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 E:\FR\FM\09NON1.XXX pfrm01 PsN: 09NON1 eDt 9OT9 43 o 8 99Jt100 O000Fm001Ft41 ft41 :F\M0NR.X fm4PsN:09NOR2 pfrm04 E:\FR\FM\09NOR2.XXX Sfmt4717 Fmt4717 Frm00001 PO00000 Jkt190000 14:31Nov08, 1999 VerDate 29-OCT-99 federal register November 9,1999 Tuesday Criteria; FinalRule of PolychlorinatedBiphenyls(PCBs) Pollutants; States'ComplianceÐRevision of NumericCriteriaforPriorityToxic Water QualityStandards;Establishment 40 CFRPart131 Protection Agency Environmental Part II 61181 61182 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Rules and Regulations
ENVIRONMENTAL PROTECTION Agency, 401 M Street, S.W., B. What Is the National Toxics Rule? AGENCY Washington, D.C. 20460, (202) 260– The Clean Water Act (CWA) requires 2787. States to adopt numeric criteria for 40 CFR Part 131 SUPPLEMENTARY INFORMATION: priority toxic pollutants if EPA has [FRL±6450±5] A. Who is potentially affected by the published criteria guidance and if the National Toxics Rule? discharge or presence of these RIN 2040±AD27 B. What is the National Toxics Rule? pollutants could reasonably be expected C. Why is EPA revising the National Toxics to interfere with the designated uses of Water Quality Standards; Rule? the State’s waters. In 1992, EPA Establishment of Numeric Criteria for D. Why did EPA change the human health ‘‘promulgated’’ or put into force of law, Priority Toxic Pollutants; States' criteria for PCBs? the National Toxics Rule (NTR) ComplianceÐRevision of E. Can an NTR State develop site-specific establishing numeric water quality Polychlorinated Biphenyls (PCBs) criteria? criteria for toxic pollutants in fourteen F. Response to Public Comments Criteria States and jurisdictions to protect G. References human health and aquatic life (57 FR AGENCY: Environmental Protection H. Regulatory Assessment Requirements Agency (EPA). 60848, December 22, 1992, incorporated A. Who Is Potentially Affected by the in the Code of Federal Regulations at 40 ACTION: Final rule. National Toxics Rule? CFR 131.36). These States and SUMMARY: The Clean Water Act (CWA) jurisdictions had not adopted adequate Dischargers of PCBs to waters of the requires States to adopt numeric criteria numeric criteria for pollutants necessary United States in States and jurisdictions for priority toxic pollutants for which to comply with the Clean Water Act. subject to the National Toxics Rule EPA has published criteria guidance if (NTR) could be affected by this rule. C. Why Is EPA Revising the National the discharge or presence of such National Toxics Rule States include: Toxics Rule? pollutants could reasonably be expected Alaska, District of Columbia, Kansas, to interfere with the designated uses of Among the criteria promulgated in the Michigan, Nevada, New Jersey, Puerto the State’s waters. In 1992, EPA NTR were PCB criteria to protect human Rico, Rhode Island, Vermont and promulgated the National Toxics Rule health. These criteria were based on Washington. These dischargers may be (NTR) establishing numeric water procedures issued in 1980 (‘‘Guidelines affected since water quality criteria are quality criteria for toxic pollutants in and Methodology Used in the part of water quality standards that, in fourteen States and jurisdictions to Preparation of Health Effects turn, are used in developing National protect human health and aquatic life. Assessment Chapters of the Consent Pollutant Discharge Elimination System These States and jurisdictions had not Decree Water Criteria Documents,’’ 45 (NPDES) permit limits. Categories of adopted sufficient chemical-specific, FR 79347, November 28, 1980 or pollutant dischargers that may numeric criteria for toxic pollutants ‘‘Human Health Guidelines’’). ultimately be affected include: necessary to comply with the Clean General Electric Company (GE) and Water Act. the American Forest and Paper Examples of poten- Association, Inc. challenged a number Among the criteria promulgated in the Category tially affected entities NTR were human health and aquatic life of aspects of the NTR, including the water quality criteria for Industry ...... Industries discharging human health water quality criteria for polychlorinated biphenyls (PCBs). to waters of NTR PCBs. (American Forest and Paper Today, EPA is issuing revisions to the States and jurisdic- Ass’n. Inc. et al. v. U.S. EPA human health water quality criteria for tions. (Consolidated Case No. 93–0694 (RMU) PCBs in the NTR, based on the Agency’s Municipalities ...... Publicly-owned treat- D.D.C.). In particular, the plaintiffs reassessment of the cancer potency of ment works dis- objected to EPA’s application of its charging to waters PCBs. The revised criteria will apply in: cancer risk assessment methodology to of NTR States and its evaluation of the carcinogenicity of Alaska, District of Columbia, Kansas, jurisdictions. Michigan, Nevada, New Jersey, Puerto PCBs and the Agency’s evaluation of Rico, Rhode Island, Vermont and various scientific studies relevant to the Washington. This table is not intended to be cancer risk posed by PCBs. EPA had a exhaustive, but rather provides a guide number of activities underway that EFFECTIVE DATE: This rule shall be for readers regarding entities likely to be could have led to a revision of the effective December 9, 1999. affected by this action. This table lists criteria, including reassessment of the ADDRESSES: The public may inspect the the types of entities that EPA is now cancer potency of PCBs (the ‘‘cancer administrative record for this aware could potentially be affected by reassessment’’), revision of the rulemaking and all public comments this action. Other types of entities not methodology to derive human health received on the proposed rule at the listed in the table could also be affected water quality criteria, and revision of Water Docket, East Tower Basement, if PCBs are found in their pollutant the cancer guidelines. EPA and the USEPA, 401 M St., S.W., Washington, discharges. To determine whether your plaintiffs entered into a partial D.C. The record is available for facility, company, business, or settlement agreement in which EPA inspection from 9:00 to 4:00 p.m., organization may be affected by this agreed, among other things, to a Monday through Friday, excluding legal action, you should carefully examine schedule for completing the cancer holidays. Please call (202) 260–3027 to the applicability criteria in § 131.36 (d) reassessment. See ‘‘Partial Settlement schedule an appointment. of title 40 of the Code of Federal Agreement,’’ Consolidated Case No. 93– FOR FURTHER INFORMATION CONTACT: Regulations. If you have questions 0694 RMU, D.D.C, signed November 7, Cindy Roberts, Health and Ecological regarding the applicability of this action 1995. Criteria Division (4304), Office of to a particular entity consult the person EPA also agreed that within 18 Science and Technology, Office of listed in the preceding FOR FURTHER months of the issuance of the final Water, U.S. Environmental Protection INFORMATION CONTACT section. cancer reassessment, the Agency would
VerDate 29-OCT-99 14:31 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\09NOR2.XXX pfrm04 PsN: 09NOR2 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Rules and Regulations 61183 propose a revision to the NTR human media, such as fish tissue or sediments. the single-dose cancer potency factor of health criteria for PCBs, or publish a Preferential bioaccumulation is the 7.7 per mg/kg-d to a range from 0.07 per Federal Register notice explaining why affinity for a congener to accumulate in mg/kg-d (lowest risk and persistence) to it was not revising the NTR criteria. EPA one type of environmental media over 2.0 per mg/kg-d (high risk and completed the cancer reassessment in another. Some PCB congeners can persistence). It is noteworthy that September 1996, (‘‘PCBs: Cancer Dose- accumulate in living organisms. PCBs bioaccumulated PCBs appear to be more Response Assessment and Applications are widespread in the environment toxic than commercial PCBs and appear to Environmental Mixtures’’ (EPA 600/ because of past contamination, and to be more persistent in the body. The P–96/001F). This report shows how humans are exposed through multiple reassessment uses information on information on toxicity, tendencies and pathways including ambient air, environmental processes to provide environmental processes can be used drinking water, and diet. guidance on choosing an appropriate together to evaluate health risks from slope for representative classes of How Were the Criteria for PCBs PCBs in the environment. EPA also environmental mixtures and different Developed? considered several issues identified by exposure pathways. the plaintiffs. In accordance with the The PCBs criteria included in the The guidance matches slope values terms outlined in the partial settlement NTR were based on a single dose- from the range to exposure pathway agreement, EPA proposed revisions to response slope factor (7.7 per mg/kg-d (e.g., food chain) by using a ‘‘tiered the NTR human health criteria for PCBs average lifetime exposure); this was the approach’’ which attributes higher risk on March 27, 1998 (63 FR 16182, April value included in EPA’s Integrated Risk to exposure through the food chain 2, 1998). In today’s document, EPA is Information System (IRIS, compared to other exposures. amending the PCBs human health www.epa.gov/ngispgm3/iris/irisdat) at Bioaccumulation through the food chain criteria in the NTR. that time. A slope factor is a means of tends to concentrate certain highly D. Why Did EPA Change the Human indicating the relevant potency of a chlorinated congeners which are often Health Criteria for PCBs? cancer causing chemical. This slope among the most toxic and persistent. factor value was derived from a rat Persistence in the body can enhance the What Are PCBs and Why are They a feeding study by Norback and Weltman opportunity for PCB congeners to Problem in the Environment? (1985), one of several studies of a express toxicity (Safe, 1994). Studies Polychlorinated biphenyls or PCBs commercial mixture called Aroclor indicate that the major pathway of are a group of chemicals that contain 1260. Because there was no agreed-upon exposure to persistent toxic substances 209 individual compounds known as basis for reflecting differences among such as PCBs is through food (i.e., ‘‘congeners.’’ Commercial PCBs are environmental mixtures, the 7.7 per mg/ contaminated fish and shellfish mixtures of congeners that differ in their kg-d slope factor was used for all PCBs consumption). Because it considers chlorine content. Different mixtures can and PCB mixtures. As noted above, GE consumption of contaminated fish to be take on forms ranging from oily liquids challenged the PCB criteria, disagreeing the dominant source of PCB exposure, to waxy solids. Although their chemical with EPA’s use of this slope factor to EPA proposed and has decided to use a properties vary widely, different calculate the NTR human health criteria cancer potency factor of 2 per mg/kg-d, mixtures have many common PCB for PCBs on several grounds, including the ‘‘upper bound’’ potency factor congeners. Because of their flame that the Norback and Weltman study reflecting high risk and persistence, to retardant properties, chemical stability, had been reevaluated. GE argued that if calculate the revised human health and insulating properties, commercial the reevaluated results had been used, criteria for PCBs. This upper bound PCB mixtures were used in many the cancer potency factor would have slope factor of 2 per mg/kg-d is also industrial applications. These chemical been significantly lower. EPA agreed to used to assess increased cancer risks properties also contribute to the slow complete a reassessment of the cancer associated with early life exposure to degradation of PCBs after they are potency factor for PCBs . PCBs. released into the environment. Because What’s Different About the New Cancer The cancer reassessment was subject of evidence of persistence and harmful Reassessment? to peer review by a group of experts effects, domestic manufacture of from outside the Agency. See ‘‘Report commercial mixtures was stopped in EPA considered a number of different on Peer Review Workshop on PCBs: 1977; existing PCBs continue in use, approaches for its reassessment, and Cancer-Dose Response Assessment and primarily in electrical capacitors and adopted an approach that distinguishes Application to Environmental transformers. among PCB mixtures by using Mixtures,’’ May 1996. In the environment, PCBs occur as information on environmental processes mixtures of congeners, but their that can decrease or increase toxic How Are Today’s Human Health composition differs from the potency of an environmental mixture. Criteria for PCBs Calculated? commercial mixtures. This is because EPA’s new assessment considered all Using the cancer potency factor of 2 after release into the environment, the cancer studies (which used commercial per mg/kg-d the human health criterion composition of PCB mixtures changes mixtures only) including a new study of (HHC) for organism and water over time through partitioning, chemical four different commercial mixtures consumption is as follows: transformation and preferential (Aroclors) that strengthens the case that bioaccumulation of certain congeners. all PCBs mixtures can cause cancer. RF× BW × (,/)1 000 µ g mg HHC = Partitioning is the separation of a EPA used this information to develop a × × chemical into different environmental range of dose response slopes, changing q1* [WC + (FC BCF)]
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Where: magnitude greater than the BCFs standards on a discharger-specific or RF = Risk Factor = 1 × 10 (¥6) developed in 1980. This would likely stream-specific basis. For example, site- BW = Body Weight = 70 kg result in a criterion which is orders of specific criteria for human health are q1* = Cancer slope factor = 2 per mg/ magnitude more stringent, if all other precluded for NTR States unless there is kg-d parameters (such as q1*s) remain a Federal rulemaking in that State to WC = Water Consumption = 2 L/day constant. change the Federal rule for that State, or FC = Fish and Shellfish Consumption = unless the State adopts a more stringent Why Are the Criteria Now Expressed as 0.0065 kg/day criteria pursuant to CWA section 510, Total PCBs? BCF = Bioconcentration Factor = 31,200 which as a practical matter would µ µ the HHC ( g/l) = 0.00017 g/L (rounded In its 1998 proposal, EPA offered a override the less stringent NTR criteria. to two significant digits). different approach for expressing EPA will withdraw the promulgated Following is the calculation of the human health criteria for PCBs. Human criteria in the NTR by rule without a human health criterion for organism health criteria would no longer be based notice and comment, when a State only consumption: on individual Aroclors, but rather on adopts standards no less stringent than total PCBs concentrations. In the the NTR (i.e., standards which provide, RF× BW × (,/)1 000 µ g mg environment, PCBs occur as mixtures of HHC = at least, equivalent environmental q1* × FC × BCF congeners but these are different in protection). However, if a State adopts composition than commercial mixtures standards for toxics which are less Where: (Aroclors). This is because PCB stringent than the Federal rule but, in × ¥ RF = Risk Factor = 1 10 ( 6) mixtures can change over time through the Agency’s judgment fully meet the BW = Body Weight = 70 kg partitioning among different requirements of the Act, EPA will q1* = Cancer slope factor = 2 per mg/ environmental media (e.g., water, propose to withdraw the NTR criteria kg-d sediment), by chemically transforming with a notice of proposed rulemaking FC = Total Fish and Shellfish or preferentially bioaccumulating. and provide for public participation. Consumption per Day = 0.0065 kg/ Therefore, it can be imprecise and Thereafter the Agency will issue a final day inappropriate to characterize BCF = Bioconcentration Factor = 31,200 rule. environmental mixtures in terms of A State may want to develop site- the HHC (µg/l) = 0.00017 µg/L (rounded Aroclors (EPA, 1996). It is the Agency’s specific human health criteria for PCBs to two significant digits). view that expressing the criteria in when exposure information indicates The criteria are both equal to 0.00017 terms of total PCBs rather than µ that an alternate cancer slope factor is g/l and apply to total PCBs. See ‘‘PCBs: individual Aroclors better reflects appropriate. As mentioned above, EPA’s Cancer Dose Response Assessment and current scientific thought (See: ‘‘PCBs: 1996 cancer assessment for PCBs uses Application to Environmental Cancer Dose Response Assessment and information on environmental processes Mixtures’’ (EPA 600/9–96–001F). The Application to Environmental to provide guidance on choosing an body weight and water consumption Mixtures,’’ ‘‘Assessing the cancer risks appropriate cancer slope factor from a factors are discussed in the Human from environmental PCBs’’ (Cogliano, range of slope factors. An ‘‘upper Health Guidelines (‘‘Guidelines and 1998) and the proposed PCBs criteria in bound’’ potency factor, such as the 2 per Methodology Used in the Preparation of the California Toxics Rule, 62 FR 42160, mg/kg-d used in this rule, is appropriate Health Effects Assessment Chapters of August 5, 1997). for food chain exposure, sediment or the Consent Decree Water Criteria soil ingestion, and dust or aerosol Documents,’’ 45 FR 79347, November E. Can an NTR State Develop Site- Specific Criteria inhalation pathways. These are 28, 1980). The BCF is discussed in the exposure pathways where 304(a) criteria guidance document for EPA prefers that States maintain environmental processes tend to PCBs (‘‘Ambient Water Quality Criteria primacy, revise their own standards, increase risk. Lower potencies are for Polychlorinated Biphenyls,’’ EPA and achieve full compliance, but in appropriate for ingestion of water- 440/5–80–068) (1980). order to achieve primacy, States must soluble congeners or inhalation of In developing today’s criteria EPA first be removed from the NTR. Removal evaporated congeners. These are relied on the currently available Human of a State from the NTR requires pathways where environmental Health Guidelines (45 FR 79347, rulemaking by EPA according to the processes tend to decrease risk (EPA, November 28, 1980). However, EPA requirements of the Administrative 1996). recently proposed revisions to the Procedure Act (5 U.S.C. 551 et seq.). For methodology it uses to derive water example, both Rhode Island and F. Response to Public Comments quality criteria for human health (63 FR Vermont have adopted criteria, As noted above, EPA published 43755, August 14, 1998). When the including criteria for PCBs, required by proposed revisions of the PCB human proposed revisions are finalized, EPA CWA 303(c)(2)(b). EPA approved the health criteria in 1998. EPA received expects to recommend the use of state adoptions and will be initiating several comments from the public and bioaccumulation factors (BAFs) in place action to remove both Rhode Island and significant comments are addressed in of bioconcentration factors (BCFs). For Vermont from the NTR in the near this section. certain chemicals including PCBs, the future. Pending completion of this revised methodology would emphasize action, nothing in this rule preempts 1. One commenter asked for more time the assessment of bioaccumulation (i.e., these States’ authority to implement any in which to prepare additional materials uptake from water, food, sediments) more stringent State criteria for PCBs. for submission. over bioconcentration (i.e., uptake from (See section 510 of CWA). Response: EPA did not agree that water only). The change outlined above A State cannot derive site-specific revisions of the PCB criteria should be may result in a significant numeric criteria for pollutants for which EPA has delayed based upon the expectations of change in the ambient water quality established standards in the National future analyses of epidemiological data. criteria for PCBs. For PCBs and other Toxics Rule. Promulgation of the NTR EPA realizes that scientific information bioaccumulative chemicals, BAFs may removed most of the flexibility available is constantly evolving. Additional be developed which are orders of to the affected States for modifying their research is always being done and test
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PCBs in cancer potency factor and a single comments and working through the water would contain PCB congeners of bioconcentration factor (BCF) because as State or Federal administrative lower chlorine content and be discussed below, in the Agency’s view, processes to adopt water quality characterized as ‘‘like’’ one or two this approach protects against the major standards. There comes a point in this Aroclors of lower chlorine content. This exposure pathway of concern, process, where the administering conclusion is confirmed when consumption of contaminated fish and agencies, both EPA and the States, have environmental samples are shellfish. to act using the existing criteria characterized in terms of Aroclor The Agency adopted an approach in recommendations based on the mixtures; experience shows that no its new cancer reassessment, ‘‘PCBs: methodology by which they are derived, more than two or three Aroclors are Cancer Dose-Response Assessment and and put standards into place to assist used. Accordingly, it is unlikely that an Application to Environmental the implementation of control programs environmental sample could be Mixtures’’ (EPA, 1996) (EPA 600/P–96/ to protect the health of the public and characterized in terms of similar 001F), that distinguishes among PCB the environment. concentrations of the seven different mixtures by using information on In this instance, EPA has completed a Aroclors. environmental processes to provide cancer reassessment for PCBs and has guidance in choosing appropriate slope subjected that analysis to extensive 3. Several commenters prefer criteria for factors for representative classes of scientific analysis and debate, including individual Aroclors stating that the environmental mixtures and different an external peer review. EPA believes proposed criteria based on total PCBs exposure pathways. In this this reassessment provides a strong were inappropriate. Their objections methodology, exposure through the food scientific basis for revision of the PCBs include: chain is associated with higher risks human health criteria. Commenters (a) Only one slope factor and one BCF than other exposures. Preferential have not provided EPA with were used to derive the criteria rather bioaccumulation through the food chain epidemiological data or other than different slope factors and BCFs for tends to concentrate certain highly information sufficiently compelling for each individual Aroclor; chlorinated congeners which are often EPA to delay amending the NTR to (b) Environmental samples are likely among the most toxic and persistent. incorporate the revised criteria. to contain the four most common Thus, EPA chose a cancer potency factor Accordingly, it is EPA’s view that the Aroclors and the proposed criterion is of 2 per mg/kg-d, the upper bound slope promulgation process should go equal to the sum of these four most factor, to calculate the revised human forward. common Aroclors; health criteria. Humans can be exposed to PCBs through the food chain which 2. Two commenters did not agree that (c) Criteria based on total Aroclors are is an exposure pathway where the proposed rule results in ambient inaccurate because formulations in environmental processes are likely to water quality criteria for human health different lots can differ by 2–5 fold for increase risk. many PCB congeners, making even that are less stringent than those EPA uses a single bioconcentration currently in the NTR. Aroclor estimated PCB levels factor (BCF), from the 1980 criteria Response: The Agency does not inconsistent with each other if different guidance document, ‘‘Ambient Water believe that the new criteria based on lots of a formulation are used in Quality Criteria for Polychlorinated total PCBs are more stringent. As different labs; Biphenyls,’’ (EPA 440/5–80–068), to discussed above, and in the 1998 (d) Differences between derive the criteria for today’s rule. This proposed rule, the new human health environmental samples and commercial BCF, 31,200 L/kg, was derived from data criteria specify concentration limits of mixtures make accurate summations of from 21 studies of several different 0.00017 µg/L for total PCBs, in contrast Aroclors difficult and therefore it is Aroclors and two specific congeners and to the old criterion of 0.000044 µg/L for unlikely that an accurate estimation can in the Agency’s view represents an each of seven different Aroclors. The be made of total PCBs (i.e., total average bioaccumulation factor for PCBs old criteria would, in theory, have Aroclors); in all freshwater fish and shellfish. allowed 0.000308 µg/L total PCBs if (e) Criteria based on sum of PCBs are EPA recently proposed revisions to each of the seven Aroclors were at its too stringent because monitoring the methodology it uses to derive water limit. EPA does not believe this is a programs and analytical labs quantify quality criteria for human health (63 FR reasonable assumption. The new PCBs as multiple Aroclor formulations, 43755, August 14, 1998). In the revised criterion is not more stringent than the and the sum of PCBs would exceed the human health methodology, EPA old because several of the Aroclors are proposed total criteria; expects to recommend the use of not prevalent in commerce or in the (f) PCB congeners are shared by bioaccumulation factors (BAFs) in place environment. Aroclor 1242 alone several Aroclors, thus, measuring total of BCFs. However, until the proposed accounted for 52 percent of U.S. PCB Aroclors could double or triple count changes to the human health production, and Aroclors 1016, 1242, some congeners leading to inaccurately methodology are finalized, EPA will 1254, and 1260 together accounted for high total PCB levels; continue to rely on existing criteria or over 90 percent. Thus, it is highly (g) It is not possible to characterize components (e.g., BCFs or q1*s) of unlikely that all seven Aroclors would PCB congeners as ‘‘like’’ Aroclors and it existing criteria as the basis for be present in similar concentrations. is unlikely that an accurate estimate can regulatory and non-regulatory decisions. Further, from what we know about how be made of total PCBs; and Until EPA revises and reissues the PCBs degrade and partition into (h) It is not appropriate to develop a criteria or component using the revised different environmental media and single criterion because the Agency does human health methodology the existing bioaccumulate in living organisms, not expect to find all seven Aroclors in criteria or components are viewed as environmental PCBs do not look like the significant quantities in samples. scientifically acceptable by EPA.
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The fact that the Agency changed its concentrations rather than Aroclor 6. The commenter asks EPA to clarify its approach from one where each Aroclor concentrations eliminates problems use of the term ‘‘toxic’’ in the statement, had its own criterion to one where a associated with congener weight percent ‘‘It is noteworthy that bioaccumulated single criterion applies to total PCBs variations between different lots of a PCBs appear to be more toxic than does not stem from the fact that not all particular Aroclor formulation. commercial PCBs . . .’’ (63 FR 16184). Aroclors are likely to be present in the Congener analyses are not impacted by If the reference is to carcinogenicity, the environment at significant variations between formulations. commenter states that this statement is concentrations as a commenter would Aroclor analyses can be influenced by speculation and has not been suggest. As mentioned above, the lot-to-lot variations due to the difference scientifically demonstrated in human or Agency changed its approach for in using specific congeners as animal studies. regulating PCBs because PCBs degrade, calibration standards versus using partition, transform and selectively Response: Recent animal studies bioaccumulate in living organisms. The Aroclors for calibration standards. (Mayes, 1998) with commercial Agency agrees it is unlikely that an 4. One commenter states that EPA bases mixtures have demonstrated that every PCB mixture tested poses a risk of environmental sample characterized in the new PCB criteria on only one or a cancer. The commercial mixtures tested terms of Aroclors would resemble an couple of unspecified, highly by Brunner et al., (1996, later published original Aroclor mixture in any chlorinated Aroclors, and not all definable way. This is why the Agency by Mayes (1998)), Aroclor 1016, 1242, Aroclors. The commenter believes that 1254 and 1260, together accounted for stated that if an environmental sample EPA should apply the criteria to was characterized in terms of Arolors it over 90 percent of the U.S. PCB individual Aroclors or the combination could only be characterized as ‘‘like’’ a production. These four commercial most like that which is found in the particular Aroclor. It is difficult to mixtures contain overlapping groups of characterize environmental samples in samples. congeners that, together span the range of congeners most often found in terms of Aroclors. Response: The Agency does not agree environmental mixtures (Cogliano, The Agency agrees that characterizing that the new PCB criteria are based on environmental samples in terms of 1998). Commercial mixtures of PCBs only one or a couple of unspecified, Aroclors can result in under or can cause cancer and environmental highly chlorinated Aroclors. The risk- overestimating PCBs. In measuring PCB mixtures contain subsets of congeners concentrations in terms of Aroclors, assessment used as the basis for this from commercial mixtures. rulemaking, ‘‘PCBs: Cancer Dose- certain ratios of characteristic congeners Preferential bioaccumulation of PCBs Response Assessment and Application are considered representative of a can occur in humans, fish and wildlife. to Environmental Mixtures,’’ is based on particular Aroclor. When these PCBs are highly soluble in lipids and characteristic congeners are detected in a range of potency estimates, developed are absorbed by organisms. Different appropriate ratios, they are quantified as using studies for a range of mixtures species in the food chain retain a certain Aroclor. Because some (commercial mixtures only), instead of persistent congeners that prove resistant congeners are present in more than one focusing only on the highest-potency to metabolism and elimination (Oliver Aroclor, there is a possibility of double mixture. Section 2 of the risk and Niimi, 1988). While persistence is (or triple) counting a particular assessment provides brief summaries on not synonymous with toxicity, in the congener in quantifying an Aroclor. the studies used in developing the dose- absence of testing on most congeners, it There are techniques available to response assessment. is reasonable to suppose some minimize double counting though, such Again, as discussed above in correlation between persistence and as use of two different gas Response #3, it is the Agency’s view that toxicity (EPA, 1996), because chromatograph (GC) columns or human health water quality criteria for persistence of PCBs in the body can adjusting instrument conditions to get enhance the opportunity for congeners sufficient separation of peaks. These PCBs should be expressed in terms of total PCBs rather than on individual to express tumor promoting activity techniques allow an analyst to view (Safe, 1994). samples on different chromatographs at Aroclors. 7. A commenter disagrees with Dr. slightly different retention times in 5. One commenter disagrees with EPA’s Wiltse’s (EPA) statement that ‘‘cancer order to minimize interference from statement that, ‘‘Some PCBs congeners risk assessment for PCBs is beyond the overlapping peaks. Analysts also can accumulate selectively in living exercise ‘‘Best Professional Judgment’’ scope of this rulemaking.’’ organisms’’ (63 FR 16184.) The in selecting the appropriate peaks for commenter considers this statement an Response: The actual statement Dr. use in quantifying samples in order to Wiltse made in replying to a request for minimize quantification errors. unfair generalization and asks EPA to identify the specific congeners that an extension to the comment period for The possibility of underestimating # total PCB concentrations using Aroclor selectively accumulate in various this rulemaking (see comment 1 analyses also exists. In cases where classes of living organisms and those above), based on the expectation of the congeners are detected in that do not. future availability of an analysis of environmentally altered mixtures but epidemiological data was: not in characteristic ratios, the Response: Accumulation patterns can Revisions to the cancer risk assessment congeners detected may not be vary by species and location. One used as the basis for this proposed rule quantified because they do not resemble compilation of bioaccumulation (‘‘PCBs: Cancer Dose-Response Assessment a particular Aroclor. In this case Aroclor information cited in the reassessment and Application to Environmental Mixtures,’’ September 1996) may be considered in the measurements would underestimate was done by McFarland and Clarke (1989). EPA’s reassessment also cites future based on the epidemiological data concentrations of total PCBs present. provided by The General Electric Company EPA agrees that Aroclor formulations other studies that show retention and or other new data on PCBs. However, may vary substantially by lot (e.g., bioaccumulation of specific congeners. revising the entire cancer risk assessment for percent of a particular congener PCBs is beyond the scope of this rulemaking present). Measuring congener action and is not feasible prior to
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The Agency believes as potent as 1242, the suggested (1996) study, that was later published this reassessment provides a strong environmental standard would be 3.8E– by Mayes (1998). EPA’s quantitative scientific basis for revising the human 3 per mg/kg/day (5 * 7.7E–4). This assessment reflects the advice of the health criteria for PCBs. In this standard is 519 times greater than the external panel in this regard. (See: rulemaking, EPA is amending the NTR proposed value. ‘‘Report on Peer Review Workshop on to include the revised criteria as (b) Any cancer slope factor calculated PCBs: Cancer-Dose Response provided in the Settlement Agreement from epidemiological studies which Assessment and Application to discussed above. A commenter has reported air concentrations would Environmental Mixtures,’’ May 1996.) suggested that EPA should defer this overestimate cancer risk of PCBs. Air concentrations would significantly 9. The commenter suggests that EPA use promulgation pending analyses of new state-of-the-art methodology for scientific information concerning risk to underestimate exposure since dermal exposure and incidental ingestion also interpreting the results of human health from occupational epidemiological studies, particularly a exposure to PCBs. The commenter form significant exposure routes. Dermal exposure studies, despite weight-of-the-evidence test and informed the Agency that they are in the ‘‘causation analysis.’’ Additionally, the process of analyzing epidemiological uncertainty in quantifying dermal absorption of PCBs, can be used to commenter notes that studies which data for capacitor workers exposed to have larger cohorts and numbers of PCBs and expected to have that analyses estimate PCB exposure if conservative assumptions are used as in the Terra cancer deaths are inherently more available in the near term. important than are studies with smaller EPA believes its cancer risk (1993) analysis. (c) EPA has not thoroughly reviewed cohorts and fewer deaths when applying assessment provides a strong scientific the weight-of-the-evidence test. basis for the revised PCB human health the epidemiological studies performed criteria. The Agency must make to date or considered how they can be Response: The Agency uses the decisions based on the available, used in risk assessment. Specifically, weight-of-evidence approach for scientifically defensible, data. EPA does EPA should consider the numerous interpreting the results of the not agree that revisions of the PCB epidemiological studies performed on epidemiological studies. The criteria should be delayed based upon populations with extensive workplace epidemiological studies have been the expectations of future analyses of exposure to PCBs which do not support found to provide limited (IARC, 1987) to epidemiological data. the proposition that PCBs cause cancer inadequate (EPA, 1988) evidence of Scientific information is constantly in humans or lead to increased mortality carcinogenicity. The overall conclusion, evolving and there can be a long lag from cancer. Also, given the uncertainty however, uses the weight-of-evidence time from conducting research and in cancer dose response modeling, the approach on the entire data base, human analyzing data, to preparing risk Agency should reexamine the evidence and animal. Recent animal tests, Mayes assessments and obtaining peer review, for carcinogenic risk that can be derived (1998), have demonstrated that every and developing human health criteria. from human epidemiological studies. PCB mixture tested poses a risk of When the commenter’s analysis has (d) It has been stated that cancer. been made available to the Agency, EPA epidemiological studies are not as The Agency does note that cohort size will of course consider this information statistically robust as animal studies, is one of the many factors that goes into and any other new information. Indeed, however, the commenter states, in many a weight-of-evidence analysis. Weight- EPA anticipates that its next assessment cases human epidemiological data of-evidence analyses also include of PCB risks will again examine closely should be used to validate, confirm, or exposure factors such as exposure level, whether the current criteria are set upper bound estimates of exposure duration and lack of sufficiently protective of children given carcinogenic potency. In general when confounding exposure. epidemiological data are available, it is continuing research by the Agency for 10. The commenter notes that it is Toxic Substance and Disease Registry. not appropriate to accept only the result of mathematical models that analyze unclear how the inclusion of 8. Several comments were received rodent data without serious noncarcinogenic Aroclors (1016 and regarding the use of epidemiological consideration to the human experience 1254) in the total PCB criteria affects data to generate a cancer potency factor (Cook, 1982; Dinman and Sussman, compliance determinations as human for PCBs. The comments include the 1983; Layard and Silvers, 1989). Animal health criteria are based on cancer following: studies (rat feeding studies) may potential. The commenter suggests that (a) Cancer slope factors from indicate cancer in rats, but there may their inclusion would over-estimate the epidemiological studies can be used to not be a direct transfer of cancer risk to human health. This issue establish environmental standards. A incidence in humans, particularly at supports the argument for the cancer slope factor is calculated using environmental or occupational exposure development of individual criteria for the negative results of Taylor (1988), the levels. Many instances exist of individual Aroclors rather than for total positive results of Brown (1987), the chemicals that are potent rodent PCBs. measured cancer incidence rate, and the carcinogens but do not pose an Response: The Agency does not agree 95% upper confidence limit on the equivalent cancer hazard in humans. with the commenter that Aroclors 1016 incremental risk rate. This results in Response: The commenters’ and 1254 are non-carcinogenic. The cancer slope factors ranging from 7.7E– arguments and studies they cite were 1996 cancer dose-response assessment 4 (measure, Taylor) to 1.9E–2 (95% available at the time EPA drafted its for PCBs includes new data from UCL, Brown). The cancer slope factor reassessment. EPA as well as the Brunner et al., (1996) in which rats fed
VerDate 29-OCT-99 14:31 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\09NOR2.XXX pfrm04 PsN: 09NOR2 61188 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Rules and Regulations diets containing Aroclors 1260, 1254, can augment other carcinogenic 14. The commenter notes difficulties in 1242 or 1016 were found to have processes that may be operating. estimating human cancer risks from statistically significant, dose-related, rodent bioassays, particularly that 12. The commenter believes that the increased incidences of liver tumors tumor promoters often produce rodent linear method for estimating the from each mixture. The Mayes (1998) liver tumors in long term bioassays, but carcinogenic potency of PCBs is likely to data indicate that Aroclor 1254 was the are not generally known to cause cancer overestimate the low-dose carcinogenic most potent of the four mixtures tested. in humans. Tumor promoters like PCBs risk of PCBs. The commenter refers to a As previously discussed, the 1996 selectively increase the growth of cancer dose-response assessment does study by Ottobonni (1984) which cancerous cells but do not interact to acknowledge that overall, human suggests that genotoxic agents may cause the initial heritable change which studies are considered to provide exhibit thresholds at low doses, thus begins the multi-stage process of cancer. limited (IARC, 1987) to inadequate there is considerable uncertainty in the (EPA, 1988) evidence of carcinogenicity. assumption of low dose linearity for Response: Although noting that there This notwithstanding, animal studies carcinogens. EPA’s proposed cancer are uncertainties in estimating human are considered to provide sufficient guidelines (EPA, 1996) allow for non cancer risks from any animal study, it is evidence of carcinogenicity and thus linear low dose extrapolation in cases not correct to suggest that EPA is some commercial PCB mixtures have where the available data support a concerned only about substances that been characterized as probably nonlinear mode of action. carcinogenic to humans based on these cause the initial heritable genetic change in cancer development. Because findings (IARC, 1987; EPA, 1988) (EPA, Response: Linear low-dose cancer development is a multistage 1996). The Agency does not agree that extrapolation does, indeed, yield an process, any substance that brings about inclusion of Aroclors 1016 and 1256 in upper bound on the potential risk, albeit or accelerates any of these stages can the total PCB determinations over- a plausible upper bound. As discussed increase the risk of ultimately estimates the risk posed to humans. in the response to comment #11, there Although there is sufficient evidence developing cancer. is not sufficient information available at of carcinogenicity for Aroclor 1016 and this time to support a non linear 15. EPA’s statement that the major 1254, Aroclor 1016 was found to have a several-fold lower potency compared extrapolation under the existing 1986 pathway of exposure to PCBs is through to Aroclor 1242 (Brunner et al., 1996). cancer guidelines, nor would there be food ( 63 FR 16184) is not supported by The approach adopted in the 1996 under the 1996 proposed cancer human epidemiological studies which cancer reassessment for PCBs does guidelines. show very similar burdens of total PCBs and congener profiles between account for differences in potency by 13. The mode of action data for PCBs as consumers and nonconsumers of fish. establishing a range of dose-response tumor promoters and not initiators was Other major sources for PCBs exist and, slopes. Information on environmental not given appropriate considerations, processes is then used to provide additionally, fish consumption may not thus EPA’s reassessment completed in guidance on choosing the appropriate be the primary route of exposure. EPA’s September 1996 was not consistent with slope factor to apply. Likewise, the statement should be revised or deleted. Agency recognizes that not all the proposed cancer risk assessment environmental mixtures are regarded as guidelines. EPA should delete its Response: EPA notes in its cancer risk equally potent; environmental mixtures statements claiming that the 1996 assessment for PCBs, that PCBs are differ from commercial mixtures and reassessment was consistent with widespread in the environment and that from each other (EPA, 1996). proposed EPA cancer risk assessment humans are exposed to PCBs through guidelines. multiple pathways. Nonetheless, recent 11. EPA acknowledges that the mode of multimedia studies indicate that the action of PCBs is promotional. Response: As discussed in the major exposure pathway to persistent Therefore, PCBs should be considered responses to comment #11 above, EPA toxic substances such as PCBs is as epigenetic carcinogens and assessed did consider the mode-of-action data, through food (i.e., contaminated fish with a margin of exposure approach concluding that there was not sufficient and shellfish consumption). rather than by the linear 95th%ile information available at this time to Birmingham et al., (1989), Newhook carcinogenicity modeling appropriate support non linear extrapolation. (1988) and Fitzgerald et al., (1996) for genetic toxins. Moreover, several features of the 1996 found that fish consumption appears to Response: Although genetic activity reassessment were clearly motivated by be the major pathway of exposure for testing for PCBs is generally negative, the 1996 proposed cancer guidelines: PCBs. The majority of peer reviewers for the mode of action of PCBs has not been developing a range of potency estimates the PCB Cancer Dose-Response established. In such a case, it is instead of focusing on the highest- Assessment agreed that consumption of appropriate to use a linear extrapolation potency mixture, using the LED10/ED10 contaminated fish is considered to be under EPA’s existing 1986 cancer approach instead of the linearized the predominant source of PCB guidelines. This would also be the case multistage procedure, and using the contamination for humans. Exposure to under the Agency’s 1996 proposed cross-species scaling factor based on the cancer guidelines. Moreover, at low PCBs through fish consumption is 3⁄4 power of relative body weight. Most associated with high risk in the revised doses, some PCB congeners add to the important, however, is the considerable background of human cancer assessment for PCBs. reassessment’s emphasis on discussing exposure to dioxin-like compounds and circumstances that affect cancer risks, in augment processes associated with dioxin toxicity, providing an expected this case, how environmental processes linear component to the dose-response alter the composition and toxicity of curve. There is also considerable PCB mixtures. background exposure to nondioxin-like congeners, so additional PCB exposure
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16. EPA’s statement (63 FR 16184) that a single risk level must be chosen so the water quality standards’ program in ‘‘all PCBs cause cancer’’ implies a fact that a specific numeric limit is 1965. that has not yet been demonstrated. established for a pollutant. Some States Because water quality standards EPA considered all cancer studies use a different risk factor, and in the developed pursuant to section 303(c) of which used commercial mixtures only. NTR, EPA applied the State’s risk factor the Clean Water Act are not self- There is still no strong supporting in calculating the criteria promulgated enforcing, the measurement of these evidence of carcinogenicity in humans for that State. chemicals in a regulatory sense is and the PCBs tested in animals were Any State adopting its own standards generally in the context of an NPDES commercial formulations, but that is not that meet the requirements of the Act permit limitation. Although the conclusive evidence that all PCB may adopt a risk level other than that sensitivity of analytical methods is not congeners are cancer-causing. Many used by EPA. The ability of a State to an appropriate basis for setting water PCB congeners are unlikely to cause select an alternative risk level is one of quality criteria or water quality-based cancer. The suggested revision of the the reasons EPA encourages each State effluent limitations, analytical methods statement would be ‘‘all commercial to adopt its own water quality standards are needed for monitoring and assessing Aroclor formulations can cause cancer rather than rely on Federal compliance with water quality-based in animals.’’ promulgations. permit limits. The permit issuing authority, either a State or EPA, 18. EPA is using a database dated 1980 Response: EPA’s new assessment establishes the analytical methodology or earlier for items such as considered all cancer studies (which to be used in assessing compliance with bioconcentration factor and fish used commercial mixtures only) the permit limit. including a new study (Brunner, 1996) consumption rate. As the revised of four Aroclor’s that strengthen the case criteria will serve as the basis for 20. Fin fish must be exposed to PCBs in that all PCBs cause cancer. The four regulatory actions, the criteria should the water column for extended periods mixtures used in the Brunner study reflect the current state-of-the-science. of time to attain the levels of contain overlapping groups of congeners Response: In this rulemaking, EPA bioconcentration represented by the that, together, span the range of did rely on existing bioconcentration BCFs used to calculate human health congeners most often found in and fish consumption data. Until criteria. Exceedance of criteria values in environmental mixtures (Cogliano, proposed revisions to the methodology the water column will only result in 1998). EPA used this information to the Agency used to derive human health human health impact if the tissue of the develop a range of dose response slopes, criteria is finalized, the Agency will fish being consumed has reached changing from a single dose-response continue to rely on the existing criteria equilibrium with the water column cancer potency factor to a range of slope or components which are still PCBs. Species traveling in and out of factors. Even though the Agency scientifically defensible. As discussed waters believed to exceed the criteria developed a range of slope factors in its in #1, scientific information is always may actually contain little or no PCBs. reassessment, a single slope factor is evolving and EPA believes it is not in Response: EPA agrees that for certain selected from the range, based on the the public interest to defer action on highly hydrophobic congeners of PCBs, likely exposure pathway, to develop a criteria awaiting new methodology or extended exposure periods are required criterion. data. to achieve steady-state between fish and Although animal feeding studies the water column. However, the Agency 19. The proposed water quality demonstrate the carcinogenicity of does not agree that human health standards for human health protection commercial PCB preparations, as impacts can only occur in cases where are in the part per quadrillion range and discussed previously, it is not known the criteria were exceeded and fish proposed aquatic standards are 14 part which of the PCB congeners in such tissue reached equilibrium with the preparations are responsible for these per trillion (ppt), but the lowest water column. Specifically, effects, or if decomposition products, detectable concentration which the bioaccumulation of a chemical to contaminants or metabolites are ‘‘best’’ technique has been able to harmful levels in aquatic organisms can involved in the toxic response. In the measure is 40 ppt. EPA must refrain occur even if steady-state conditions from establishing restrictive limits absence of information ruling out the have not been reached. For high log KOW possibility that certain PCB isomers are without providing the analytical compounds such as certain PCB not carcinogenic EPA believes it is a methodology capable of achieving these congeners, chemical concentrations in prudent public health policy to be levels. fish and other higher trophic level conservative and regulate as if all PCBs Response: EPA’s water quality aquatic organisms are a function of the are carcinogenic. standards regulation at 40 CFR 131.11 long-term average concentration in their requires that criteria be adopted by environment (water exposure in the case 17. The use of a risk factor of 10¥6 may States at concentrations necessary to of bioconcentration factor-based be overly stringent. Virginia has protect designated uses. EPA has criteria). Therefore, achieving sufficiently protective human health determined that consideration of unacceptable tissue concentrations can standards that use a risk factor of EPA analytical detect ability would not be an ¥5 result under non-steady conditions if 10 . appropriate factor to consider when the long-term average exceeds the Response: EPA recognizes the primary calculating the water quality criteria human health criterion, which would authority of States to adopt water component of water quality standards. occur if the exposures above the quality standards; and Agency policy EPA’s human health criteria are criterion level are not completely offset generally allows States to select an developed from protocols generally by exposures below the criterion. appropriate risk level within the general using toxicity studies on laboratory In cases where chemicals and range of 10¥4 to 10¥6. EPA uses a 10±6 animals such as mice and rats. Thus, organisms require relatively long time risk level in setting its human health EPA criteria are effect-based without periods to reach steady-state (such as for water quality criteria. In order for the regard to chemical analytical methods certain highly hydrophobic PCB human health criteria to be or techniques. This has been the congeners), the Agency would agree that implemented in water quality programs, Agency’s position since the inception of migrating organisms may not be
VerDate 29-OCT-99 14:31 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\09NOR2.XXX pfrm04 PsN: 09NOR2 61190 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Rules and Regulations exposed to pollutant concentrations in exposure conditions which may arise in water concentrations when it finalizes the water column for sufficient periods U.S. waters. the proposed human health of time for tissues to reach equilibrium 21. Criteria expressed solely as fish methodology revisions. Expressing conditions. Under some circumstances, tissue concentrations only examine the criteria in terms of fish tissue migration of fish in and out of after-effects of pollution rather than concentrations would allow for marginally contaminated areas (i.e., ensure that designated uses are measurements of pollutants that would defined as those areas with water adequately protected from pollution. otherwise be difficult. The Agency’s concentrations at or slightly above approach does not include both a water Response: When proposed revisions criteria levels) may result in tissue concentration and a fish tissue levels of certain highly hydrophobic to the human health methodology (63 FR 43756, August 14, 1998) are concentration, but rather, relates the PCB congeners that are below levels finalized, the Agency expects to allow water concentration to an appropriate represented by the BCF in the human ambient water quality criteria to be fish tissue concentration as outlined in health criterion. However, this expressed in terms of fish tissue the proposed revisions to the human circumstance may not hold true for all concentrations as an alternative to water health methodology (63 FR 43756, organisms, PCB congeners, and concentrations in some cases. August 14, 1998). exposure conditions that can exist in the Particularly for substances that are United States. Moreover, in cases where Again, as mentioned above, EPA may expected to exhibit substantial allow ambient water quality criteria for organisms accumulate highly bioaccumulation, the water quality hydrophobic compounds (i.e., high log certain compounds to be expressed in criteria may be a very low value. terms of fish tissue concentrations when KOW compounds), pollutants may be Consequently, it may be more practical the proposed human health retained after organisms leave an and meaningful in these cases to focus methodology is finalized. However, no exposure area due to slow depuration. on the concentration of those substances final decisions will be made by the In this case, an organism could travel in fish tissue, since fish ingestion would out of an exposure area, but retain a be the predominant source of exposure Agency regarding the expression of contaminant in its tissue. for substances that bioaccumulate. Even criteria in terms of fish tissue concentrations until the proposed Specifically, EPA’s ambient human so, these fish tissue criteria would still revisions to the human health health water quality criteria are national correspond to an ambient water quality methodology are finalized. in scope, they are designed to be criteria (AWQC), expressed as a water protective of the vast majority of concentration, calculated by G. References exposure conditions that can occur in multiplying the AWQC (water U.S. waters. These conditions include concentration) by the bioaccumulation ATSDR. 1993. ‘‘Toxicological Profile for factor (BAF) used to develop the AWQC. Polychlorinated Biphenyls’’. U.S. exposure via consumption of aquatic Department of Health and Human organisms that are sedentary and do not Whether concentration limits are based on a fish tissue concentration or water Services, Public Health Service, Agency migrate (e.g., clams, oysters, mussels) in for Toxic Substances and Disease addition to consumption of other column concentrations will therefore Registry (ATSDR), Atlanta, GA, Report shellfish and finfish which may reside make little or no difference. It could be No. ATSDR/TP–92/16. for long periods of time at a specific site argued that either a fish tissue ATSDR. 1995. ‘‘Toxicological Profile for (e.g., bottom dwelling finfish such as concentration or water column Polychlorinated Biphenyls’’. U.S. flounder and catfish). Furthermore, concentration is derived to be Department of Health and Human EPA’s national criteria must be protective, or only examines the after- Services, Public Health Service, Agency effects of pollution. Both water column for Toxic Substances and Disease protective of both open (e.g., riverine) concentrations and fish tissue Registry (ATSDR), Atlanta, GA, Report and closed (e.g., reservoirs, lakes) concentrations are intended to prevent for public comment. aquatic ecosystems. In relatively closed harmful accumulations from occurring. Birmingham B., Gilman, A., Grant, D., et al. systems such as lakes and reservoirs, EPA may allow ambient water quality ‘‘PCDD/PCDF multimedia exposure migration of fish from a contaminant- criteria for certain compounds to be analysis for the Canadian population: detailed exposure estimation. influenced site may be restricted such expressed in terms of fish tissue that even highly mobile organisms can Chemosphere, v. 19, (1989), pp. 637–642. concentrations when the proposed Brunner, M.J., T.M., Singer, A.W., Ryan, M.J., achieve unacceptable tissue burdens of human health methodology is finalized. PCBs as a result of marginal Toft, ll, J.D., Menton, R.S., Graves, S.W., However, no final decisions will be and A.C. Peters, (1996). ‘‘An assessment exceedences of EPA’s PCB criteria. made by the Agency regarding the of the chronic toxicity and oncogenicity Finally, EPA notes that its PCB criteria expression of criteria in terms of fish of Aroclor-1016, Aroclor-1242, Aroclor- apply to total PCBs which represents a tissue concentrations until the proposed 1254, and Aroclor-1260 administered in mixture of PCB congeners with KOWs revisions to the human health diet to rats’’. Columbus, OH: Battelle that vary up to three orders of methodology are finalized. Study No. SC920192, Chronic toxicity magnitude. Thus, some moderately and oncogenicity report. hydrophobic PCB congeners can reach 22. The commenter suggests the use of Cogliano, V.J. ‘‘Assessing the cancer risk from steady state in substantially shorter fish tissue concentrations together with environmental PCBs’’. Environ. Health exposure periods than other highly ambient criteria. While it is true that Perspect. v. 106, 6, (1998), pp. 317–323. hydrophobic congeners. Thus, the some criteria are below levels which can Fitzgerald, E.F., K.A. Brix, D.A. Deres, et al. ‘‘Polychlorinated biphenyl (PCB) and commenters’ assumption that long time be reliably measured, such criteria serve a valuable purpose to prevent build-up dichlorodiphenyl dichloroethylene periods are required to reach steady (DDE) exposure among Native American state does not apply to all PCB of pollutants in fish tissues. men from contaminated Great Lakes fish congeners to which EPA’s PCB criteria Response: As stated above, the and wildlife’’. Toxicol Ind. Health, v. 12, apply. Therefore, EPA believes that its Agency expects to allow ambient water (1996), pp. 361–368. national ambient water quality criteria quality criteria for protection of human for PCBs are set at an appropriate level health to be expressed in terms of fish of protection considering the variety of tissue concentrations as an alternative to
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IARC. 1987. ‘‘IARC Monographs on the USEPA. ‘‘Drinking Water Criteria Document statement, including a cost-benefit Evaluation of Carcinogenic Risks to for Polychlorinated Biphenyls (PCBs)’’. analysis, for proposed and final rules Humans,’’ Supplement 7, Overall Prepared by ECAO, Cincinnati, Ohio, with ‘‘Federal mandates’’ that may Evaluations of Carcinogenicity: An (1988): ECAO–CIN–414. result in expenditures to State, local, Updating of IARC Monographs Volumes USEPA, OW. ‘‘Draft Water Quality Criteria and Tribal governments, in the 1–42. International Agency for Research Methodology: Human Health’’. Prepared on Cancer, Lyon, France, (1987). by the Office of Water, Washington, DC, aggregate, or to the private sector, of Johnson, B.L., H.E. Hicks, W. Cibulas, O. (August 1998): EPA/822–Z–98–001. $100 million or more in any one year. Faroon, A.E. Ashizawa, C. T. De Rosa, USEPA. (1995). USEPA 635500, Final Water Before promulgating an EPA Rule for V.J. Cogliano and M. Clark. ‘‘Public Quality Guidance for Great Lakes which a written statement is needed, Health Implications of Exposure to System; Response to Comment section 205 of the UMRA generally Polychlorinated Biphenyls (PCBs).’’ U.S. Document. requires EPA to identify and consider a Public Health Service, The Agency for USEPA. (1986). Guidelines for carcinogen reasonable number of regulatory Toxic Substances and Disease Registry, risk assessment. FR 51(185):34014– alternatives and adopt the least costly, U.S. Department of Health and Human 34025. most cost-effective or least burdensome Services and The U.S. Environmental USEPA. (1996a). Proposed guidelines for alternative that achieves the objectives Protection Agency. carcinogen risk assessment; notice, FR of the rule. The provisions of section Mayes, B.A., E.E. McConnell, B.H. Neal, M.J. 61(79):17960–18011. 205 do not apply when they are Brunner, S.B. Hamilton, T.M. Sullivan, H. Regulatory Assessment A.C. Peters, M.J. Ryan, J.D. Toft, A.W. inconsistent with applicable law. Singer, J.F. Brown, Jr., R.G. Menton, and Requirements Moreover, section 205 allows EPA to J.A. Moore. ‘‘Comparative 1. Executive Order (E.O.) 12866, adopt an alternative other than the least carcinogenicity on Sprague-Dawley rats Regulatory Planning and Review costly, most cost-effective or least of the polychlorinated biphenyl mixtures burdensome alternative if the Aroclors 1016, 1242, 1254, and 1260.’’ Under Executive Order 12866, (58 Administrator publishes with the final Toxicol. Sci. v. 40, (1998), pp. 62–76. Federal Register 51,735 (October 4, rule an explanation why that alternative MacFarland, V.A. and J.U. Clarke. 1993)) the Agency must determine was not adopted. Before EPA establishes ‘‘Environmental occurrence, abundance, whether the regulatory action is any regulatory requirements that may and potential toxicity of polychlorinated ‘‘significant’’ and therefore subject to significantly or uniquely affect small biphenyl congeners considerations for Office of Management and Budget governments, including Tribal congener-specific analysis.’’ Environ. (OMB) review and the requirements of Health Perspect. v. 81, (1989), pp. 225– governments, it must have developed 239. the Executive Order. The Order defines under section 203 of the UMRA a small Newhook, R.C. ‘‘Polychlorinated biphenyls: ‘‘significant regulatory action’’ as one government agency plan. The plan must multimedia exposure analysis’’. Contract that is likely to result in a rule that may: provide for notifying potentially report to the Department of National (1) Have an annual effect on the affected small governments, enabling Health and Welfare, Ottawa, Canada. economy of $100 million or more or officials of affected small governments (1988). adversely affect in a material way the to have meaningful and timely input in Norback, D.H. and R.H. Weltman. economy, a sector of the economy, the development of EPA regulatory ‘‘Polychlorinated biphenyl induction of productivity, competition, jobs, the proposals with significant Federal hepatocellular carcinoma in the Sprague- environment, public health or safety, or intergovernmental mandates, and Dawley rat’’. Environ. Health Perspect. v. State, local, or tribal governments or informing, educating, and advising 60, (1985), pp. 97–105. communities; small governments on compliance with Oliver, B.G. and A.J. Niimi. ‘‘Trophodynamic (2) Create a serious inconsistency or analysis of polychlorinated biphenyl the regulatory requirements. congeners and other chlorinated otherwise interfere with an action taken Today’s rule contains no federal hydrocarbons in the Lake Ontario or planned by another agency; mandates (under the regulatory ecosystem. Envion. Sci. Technol. v. 22, (3) Materially alter the budgetary provisions of Title II of the UMRA) for (1988), pp. 388–397. impact of entitlements, grants, user fees, State, local or Tribal governments or the Safe, S. Polychlorinated biphenyl (PCBs): or loan programs or the rights and private sector. The rule imposes no environmental impact, biochemical and obligations of recipients thereof; or enforceable duty on any State, local or toxic responses, and implications for risk (4) Raise novel legal or policy issues Tribal governments or the private sector; assessment. Crit. Rev. Toxicol. 24(2):87– arising out of legal mandates, the rather, this rule establishes ambient 149. (1994) President’s priorities, or the principles water quality criteria which, when TERRA, Inc. James, R.C., J.D. Schell and R.W. set forth in the Executive Order. combined with State-adopted Freeman. ‘‘Comments on Water Quality Pursuant to the terms of Executive designated uses, will create water Guidance for the Great Lakes System’’. Report prepared for: Polychlorinated Order 12866, it has been determined quality standards for those water bodies Biphenyl Panel of the Chemical that this rule is a ‘‘significant regulatory with such adopted uses. The State may Manufacturers Association, Utility Solid action’’ within the meaning of the use the resulting water quality standards Waste Activities Group of Edison Executive Order. As such this action in implementing their water quality Electric Institute, and National Electrical was submitted to OMB for review. No control programs and in issuing Manufacturers Association. (1993). changes were made as a result of OMB National Pollutant Discharge USEPA, ORD. ‘‘PCBs: Cancer Dose-Response review. Elimination System Permits. Thus, Assessment and Application to today’s rule is not subject to the 2. The Unfunded Mandates Reform Act Environmental Mixtures.’’ Prepared by requirements of sections 202 and 205 of the National Center for Environmental Title II of the Unfunded Mandates the UMRA. Assessment, Washington, DC, Reform Act of 1995 (UMRA), Pub. L. EPA has determined that this rule (September 1996): EPA/600/P–96/001F. 104–4, establishes requirements for contains no regulatory requirements that USEPA, OW. ‘‘Ambient Water Quality Criteria for Polychlorinated Biphenyls’’. Federal agencies to assess the effects of might significantly or uniquely affect Prepared by the Office of Water, their regulatory actions on State, local, small governments. As stated above, the Regulation and Standards, Criteria and and Tribal governments and the private rule imposes no enforceable Standards Division, Washington, DC, sector. Under section 202 of the UMRA, requirements on any party, including (October 1980): EPA/400/5–80–068. EPA generally must prepare a written small governments. Moreover, any water
VerDate 29-OCT-99 14:31 Nov 08, 1999 Jkt 190000 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\09NOR2.XXX pfrm04 PsN: 09NOR2 61192 Federal Register / Vol. 64, No. 216 / Tuesday, November 9, 1999 / Rules and Regulations quality standards, including those 4. Executive Order 13084: Consultation Agency did not prepare a regulatory promulgated here, apply broadly to and Coordination With Indian Tribal flexibility analysis. those dischargers and are not uniquely Governments The RFA requires analysis of the impacts of a rule on the small entities applicable to small governments. Thus, Under Executive Order 13084, EPA subject to the rules’ requirements. See this rule is not subject to the may not issue a regulation that is not United States Distribution Companies v. requirements of section 203 of UMRA. required by statute, that significantly or FERC, 88 F.3d 1105, 1170 (D.C. Cir. uniquely affects the communities of 3. Executive Orders on Federalism 1996). Today’s rule establishes no Indian tribal governments, and that requirements applicable to small Under Executive Order 12875, EPA imposes substantial direct compliance entities, and so is not susceptible to may not issue a regulation that is not costs on those communities, unless the regulatory flexibility analysis as required by statute and that creates a Federal government provided the funds mandate upon a State, local or Tribal prescribed by the RFA. (‘‘[N]o necessary to pay the direct compliance [regulatory flexibility] analysis is government unless the Federal costs incurred by the tribal Government provides the funds necessary when an agency determines governments, or EPA consults with that the rule will not have a significant necessary to pay the direct compliance those governments. If EPA complies by economic impact on a substantial costs incurred by those governments, or consulting, Executive Order 13084 number of small entities that are subject EPA consults with those governments. If requires EPA to provide to the Office of to the requirements of the rule,’’ United EPA complies by consulting, Executive Management and Budget, in a separately Distribution at 1170, quoting Mid-Tex Order 12875 requires EPA to provide to identified section of the preamble to the Elec. Co-op v. FERC, 773 F.2d 327, 342 the Office of Management and Budget a rule, a description of the extent of EPA’s (D.C. Cir. 1985) (emphasis added by description of the extent of EPA’s prior prior consultation with representatives United Distribution court). ) The Agency consultation with representatives of of affected tribal governments, a is thus certifying that today’s rule will affected State, local and tribal summary of the nature of their concerns, not have a significant economic impact governments, the nature of their and a statement supporting the need to on a substantial number of small concerns, any written communications issue the regulation. In addition, entities, within the meaning of the RFA. from the governments, and a statement Executive Order 13084 requires EPA to Under the Clean Water Act, EPA has supporting the need to issue the develop an effective process permitting authority to promulgate criteria or regulation. In addition, Executive Order elected officials and other standards in any case where the 12875 requires EPA to develop an representatives of Indian tribal Administrator determines that a revised effective process permitting elected governments ‘‘to provide meaningful or new standard is necessary to meet the officials and other representatives of and timely input in the development of requirements of the Act. EPA- State, local and Tribal governments ‘‘to regulatory policies on matters that promulgated standards are implemented provide meaningful and timely input in significantly or uniquely affect their through various water quality control the development of regulatory proposals communities.’’ programs, including the National containing significant unfunded Today’s rule does not significantly or Pollutant Discharge Elimination System mandates.’’ uniquely affect the communities of (NPDES) program, that limits discharges For the same reasons as stated above Indian tribal governments nor does it to navigable waters except in in section H.2, EPA has determined this impose substantial direct compliance compliance with an EPA permit or rule does not impose federal mandates costs on them. No Indian tribal permit issued under an approved State on State, local or Tribal governments. governments are subject to the NTR and program. The CWA requires that all Thus, today’s rule is not subject to E.O. therefore are not affected by this rule. NPDES permits include any limits on 12875. Accordingly, the requirements of discharges that are necessary to meet section 3(b) of Executive Order 13084 State water quality standards. The States On August 4, 1999, President Clinton do not apply to this rule. have discretion in deciding how to meet issued a new executive order on the water quality standards and in federalism, Executive Order 13132, (64 5. The Regulatory Flexibility Act (RFA) developing discharge limits as needed FR 43255 (August 10, 1999) which will as Amended by the Small Business to meet the standards. While State take effect on November 2, 1999. In the Regulatory Enforcement Fairness Act implementation of federally- interim, the current Executive Order (SBREFA) of 1996 promulgated water quality criteria or 12612 (52 FR 41685 (October 30, 1987) Under the Regulatory Flexibility Act, standards may result in new or revised on federalism still applies. This rule 5 U.S.C. 601 et seq., as amended by the discharge limits being placed on small will not have a substantial direct effect Small Business Regulatory Enforcement entities, the criteria or standards on States, on the relationship between Fairness Act, EPA generally is required themselves do not apply to any the national government and the States, to conduct a regulatory flexibility discharger, including small entities. or on the distribution of power and analysis (RFA) describing the impact of Today’s rule imposes obligations on responsibilities among the various the regulatory action on small entities as States included in the NTR but, as levels of government, as specified in part of rulemaking. However, under explained above, does not itself Executive Order 12612. section 605(b) of the RFA, if the establish any requirements that are This final rule amends the National Administrator certifies that the rule will directly applicable to small entities. As Toxic Rule (NTR) to revise the human not have a significant economic impact a result of this action, the States will health water quality criteria for PCBs. on a substantial number of small need to ensure that permits they issue EPA adopted the NTR in 1992 for those entities, EPA is not required to prepare include any limitations on dischargers States and jurisdictions that had not a regulatory flexibility analysis. The necessary to comply with the water established adequate numeric water Administrator is today certifying, quality standards established by the quality criteria to comply with the Clean pursuant to section 605(b) of the RFA, criteria in today’s rule. In so doing, Water Act. States that adopt their own that this rule will not have a significant States will have a number of criteria will no longer be subject to the economic impact on a substantial discretionary choices associated with federal regulation. number of small entities. Therefore, the permit writing. While implementation
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U.S.C. 801 et seq., as added by the Small ambient water quality criteria for human This final rule is not subject to the Business Regulatory Enforcement health that are not more stringent than Executive Order because it is not Fairness Act of 1996, generally provides those formerly promulgated in the NTR. economically significant as defined in that before a rule may take effect, the Therefore, application of today’s criteria E.O. 12866. Further, the Agency does agency promulgating the rule must on dischargers should not impose any not have reason to believe the submit a rule report, which includes a adverse economic impact on small environmental health risks or safety copy of the rule, to each House of the entities. risks addressed by this action present a Congress and to the Comptroller General disproportionate risk to children. We 6. The Paperwork Reduction Act of the United States. EPA will submit a have evaluated current data regarding report containing this rule and other The final rule includes no new or the environmental health effects of PCBs required information to the U.S. Senate, additional information collection on children. While there are no the U.S. House of Representatives, and activities, therefore, no information available data showing that children the Comptroller General of the United collection request was submitted to have an increased risk of cancer from States prior to publication of the rule in OMB for review under the provisions of PCBs, the Agency did consider the fact the Federal Register. A major rule the Paperwork Reduction Act, 44 U.S.C. that children are a highly exposed cannot take effect until 60 days after it 3501 et seq. population in the risk assessment used is published in the Federal Register. as the basis for this rule. Based on This action is not a ‘‘major rule’’ as 7. National Technology Transfer and estimates of average daily intake for Advancement Act (NTTAA) defined by 5 U.S.C. 804(2). This rule nursing infants, an average daily intake will be effective December 9, 1999. As noted in the proposed rule, of PCBs for a 5-kg nursing infant would Section 12(d) of the National be about triple the average adult intake List of Subjects in 40 CFR Part 131 Technology Transfer and Advancement and approximately 50-fold higher when Environmental protection, Toxic Act of 1995 (‘‘NTTAA’’), Pub. L. No. adjusted for body weight. Thus, the pollutants, Water pollution control, 104–113 § 12 (d) (15 U.S.C. 272 note) Agency considers nursing infants to be Water quality standards. directs EPA to use voluntary consensus an important potentially highly exposed standards in its regulatory activities population. However, since the Agency Dated: September 27, 1999. unless to do so would be inconsistent considers carcinogenicity a function of Carol M. Browner, with applicable law or otherwise total dose over a lifetime of 70 years the Administrator. impractical. Voluntary consensus increased intake for nursing infants For the reasons set out in the standards are technical standards (e.g., should not result in a disproportionate preamble title 40, chapter I, part 131 of materials specifications, test methods, lifetime risk. Furthermore, the final the Code of Federal Regulations is sampling procedures, business water quality criteria in this rule are amended as follows: practices, etc.) that are developed or based on an upper bound cancer adopted by voluntary consensus potency factor to be protective of PART 131ÐWATER QUALITY standards bodies. The NTTAA directs sensitive subpopulations, including STANDARDS EPA to provide Congress through OMB, children. explanations when the Agency decides Peer reviewed data on the 1. The authority citation for part 131 not to use available and applicable developmental toxicity of PCBs to continues to read as follows: voluntary consensus standards. Rhesus monkeys is available in EPA’s Authority: 33 U.S.C. 1251 et seq. This action does not involve technical Integrated Risk Information System standards. Therefore, EPA did not (IRIS) (available at: www.epa.gov/ 2. Section 131.36 is amended as consider the use of any voluntary ngispgm3/iris/irisdat). Reference doses follows: consensus standards. (RfDs) for non-cancer effects for a. By revising paragraph (b)(1): particular Aroclors are available on b. Paragraph (d)(3)(ii) is amended by 8. E.O. 13045—Protection of Children IRIS, but criteria based on these RFDs revising entries ‘‘B2’’ and ‘‘C2’’ under From Environmental Health Risks and would be less stringent than those the heading ‘‘Applicable Criteria’’ as set Safety Risks promulgated today based on forth below; and Executive Order 13045: ‘‘Protection of carcinogenicity. c. Paragraph (d)(9)(ii) is amended by Children from Environmental Health The Agency is also aware of other revising entry ‘‘B2’’ under the heading Risks and Safety Risks’’ (62 FR 19885, human studies concerning the effects of ‘‘Applicable Criteria’’ as set forth below. April 23, 1997) applies to any rule that: PCBs on child development in locations The revisions read as follows: (1) is determined to be ‘‘economically where the mothers are consumers of fish significant’’ as defined under E.O. contaminated with PCBs. However, the § 131.36 Toxics criteria for those States 12866, and (2) concerns an currently available data on children’s not complying with Clean Water Act Section environmental health or safety risk that risks to PCBs have not to date been 303(c)(2)(B). EPA has reason to believe may have a sufficient to make full quantitative * * * * * disproportionate effect on children. If assessments of risk and preliminary (b)(1) EPA’s Section 304(a) criteria for the regulatory action meets both criteria, analyses have not shown effects at Priority Toxic Pollutants.
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AB C D Freshwater Saltwater Human Health (10¥6 risk for carcinogens) For consumption of:
Criterion Criterion Criterion Criterion Water & Organisms (#) Compound CAS Number Maximum Continuous Maximum Continuous Organisms Only Conc. d Conc. d Conc. d Conc. d µ µ (µg/L) (µg/L) (µg/L) (µg/L) ( g/L) ( g/L)
B1 B2 C1 C2 D1 D2
1 Antimony ...... 7440360 ...... 14 a 4300 a 2 Arsenic ...... 7440382 360 m 190 m 69 m 36 m 0.018 abc 0.14 abc 3 Beryllium ...... 7440417 ...... n n 4 Cadmium ...... 7440439 3.7 e 1.0 e 42 m 9.3 m n n 5a Chromium (III) ...... 16065831 550 e 180 e ...... n n b Chromium (VI) ...... 18540299 15 m 10 m 1100 m 50 m n n 6 Copper ...... 7440508 17 e 11 e 2.4 m 2.4 m ...... 7 Lead ...... 7439921 65 e 2.5 e 210 m 8.1 m n n 8 Mercury ...... 7439976 2.1 m 0.012 ip 1.8 m 0.025 ip 0.14 0.15 9 Nickel ...... 7440020 1400 e 160 e 74 m 8.2 m 610 a 4600 a 10 Selenium ...... 7782492 20 p 5 p 290 m 71 m n n 11 Silver ...... 7440224 3.4 e ...... 1.9 m ...... 12 Thallium ...... 7440280 ...... 1.7 a 6.3 a 13 Zinc ...... 7440666 110 e 100 e 90 m 81 m 14 Cyanide ...... 57125 22 5.2 1 1 700 a 220000 aj 15 Asbestos ...... 1332214 ...... 7,000,000 ...... fibers/L k 16 2,3,7,8-TCDD (Dioxin) ...... 1746016 ...... 0.000000013 c 0.000000014 c 17 Acrolein ...... 107028 ...... 320 780 18 Acrylonitrile ...... 107131 ...... 0.059 ac 0.66 ac 19 Benzene ...... 71432 ...... 1.2 ac 71 ac 20 Bromoform ...... 75252 ...... 4.3 ac 360 ac 21 Carbon Tetrachloride ...... 56235 ...... 0.25 ac 4.4 ac 22 Chlorobenzene ...... 108907 ...... 680 a 21000 aj 23 Chlorodibromomethane ...... 124481 ...... 0.41 ac 34 ac 24 Chloroethane ...... 75003 ...... 25 2-Chloroethylvinyl Ether ...... 110758 ...... 26 Chloroform ...... 67663 ...... 5.7 ac 470 ac 27 Dichlorobromomethane ...... 75274 ...... 0.27 ac 22 ac 28 1,1-Dichloroethane ...... 75343 ...... 29 1,2-Dichloroethane ...... 107062 ...... 0.38 ac 99 ac 30 1,1-Dichloroethylene ...... 75354 ...... 0.057 ac 3.2 ac 31 1,2-Dichloropropane ...... 78875 ...... 32 1,3-Dichloropropylene ...... 542756 ...... 10 a 1700 a 33 Ethylbenzene ...... 100414 ...... 3100 a 29000 a 34 Methyl Bromide ...... 74839 ...... 48 a 4000 a 35 Methyl Chloride ...... 74873 ...... n n 36 Methylene Chloride ...... 75092 ...... 4.7 ac 1600 ac 37 1,1,2,2-Tetrachloroethane ... 79345 ...... 0.17 ac 11 ac 38 Tetrachloroethylene ...... 127184 ...... 0.8 c 8.85 c 39 Toluene ...... 108883 ...... 6800 a 200000 a 40 1,2-Trans-Dichloroethylene 156605 ...... 41 1,1,1-Trichloroethane ...... 71556 ...... n n 42 1,1,2-Trichloroethane ...... 79005 ...... 0.60 ac 42 ac 43 Trichloroethylene ...... 79016 ...... 2.7 c 81 c 44 Vinyl Chloride ...... 75014 ...... 2 c 525 c 45 2-Chlorophenol ...... 95578 ...... 46 2,4-Dichlorophenol ...... 120832 ...... 93 a 790 aj 47 2,4-Dimethylphenol ...... 105679 ...... 48 2-Methyl-4,6-Dinitrophenol .. 534521 ...... 13.4 765 49 2,4-Dinitrophenol ...... 51285 ...... 70 a 14000 a 50 2-Nitrophenol ...... 88755 ...... 51 4-Nitrophenol ...... 100027 ...... 52 3-Methyl-4-Chlorophenol ..... 59507 ...... 53 Pentachlorophenol ...... 87865 20 f 13 f 13 7.9 0.28 ac 8.2 acj 54 Phenol ...... 108952 ...... 21000 a 4600000 aj 55 2,4,6-Trichlorophenol ...... 88062 ...... 2.1 ac 6.5 ac 56 Acenaphthene ...... 83329 ...... 57 Acenaphthylene ...... 208968 ...... 58 Anthracene ...... 120127 ...... 9600 a 110000 a 59 Benzidine ...... 92875 ...... 0.00012 ac 0.00054 ac 60 Benzo(a)Anthracene ...... 56553 ...... 0.0028 c 0.031 c 61 Benzo(a)Pyrene ...... 50328 ...... 0.0028 c 0.031 c 62 Benzo(b)Fluoranthene ...... 205992 ...... 0.0028 c 0.031 c 63 Benzo(ghi)Perylene ...... 191242 ...... 64 Benzo(k)Fluoranthene ...... 207089 ...... 0.0028 c 0.031 c 65 Bis(2-Chloroethoxy)Methane 111911 ...... 66 Bis(2-Chloroethyl)Ether ...... 111444 ...... 0.031 ac 1.4 ac 67 Bis(2-Chloroisopropyl)Ether 108601 ...... 1400 a 170000 a 68 Bis(2-Ethylhexyl)Phthalate ... 117817 ...... 1.8 ac 5.9 ac 69 4-Bromophenyl Phenyl Ether 101553 ...... 70 Butylbenzyl Phthalate ...... 85687 ...... 71 2-Chloronaphthalene ...... 91587 ...... 72 4-Chlorophenyl Phenyl Ether 7005723 ...... 73 Chrysene ...... 218019 ...... 0.0028 c 0.031 c
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AB C D Freshwater Saltwater Human Health (10¥6 risk for carcinogens) For consumption of:
Criterion Criterion Criterion Criterion Water & Organisms (#) Compound CAS Number Maximum Continuous Maximum Continuous Organisms Only Conc. d Conc. d Conc. d Conc. d µ µ (µg/L) (µg/L) (µg/L) (µg/L) ( g/L) ( g/L)
B1 B2 C1 C2 D1 D2
74 Dibenzo(ah)Anthracene ...... 53703 ...... 0.0028 c 0.031 c 75 1,2-Dichlorobenzene ...... 95501 ...... 2700 a 17000 a 76 1,3-Dichlorobenzene ...... 541731 ...... 400 2600 77 1,4-Dichlorobenzene ...... 106467 ...... 400 2600 78 3,3′-Dichlorobenzidine ...... 91941 ...... 0.04 ac 0.077 ac 79 Diethyl Phthalate ...... 84662 ...... 23000 a 120000 a 80 Dimethyl Phthalate ...... 131113 ...... 313000 2900000 81 Di-n-Butyl Phthalate ...... 84742 ...... 2700 a 12000 a 82 2,4-Dinitrotoluene ...... 121142 ...... 0.11 c 9.1 c 83 2,6-Dinitrotoluene ...... 606202 ...... 84 Di-n-Octyl Phthalate ...... 117840 ...... 85 1,2-Diphenylhydrazine ...... 122667 ...... 0.040 ac 0.54 ac 86 Fluoranthene ...... 206440 ...... 300 a 370 a 87 Fluorene ...... 86737 ...... 1300 a 14000 a 88 Hexachlorobenzene ...... 118741 ...... 0.00075 ac 0.00077 ac 89 Hexachlorobutadiene ...... 87683 ...... 0.44 ac 50 ac 90 Hexachlorocyclopentadiene 77474 ...... 240 a 17000 aj 91 Hexachloroethane ...... 67721 ...... 1.9 ac 8.9 ac 92 Indeno(1,2,3-cd)Pyrene ...... 193395 ...... 0.0028 c 0.031 c 93 Isophorone ...... 78591 ...... 8.4 ac 600 ac 94 Naphthalene ...... 91203 ...... 95 Nitrobenzene ...... 98953 ...... 17 a 1900 aj 96 N-Nitrosodimethylamine ...... 62759 ...... 0.00069 ac 8.1 ac 97 N-Nitrosodi-n-Propylamine .. 621647 ...... 98 N-Nitrosodiphenylamine ...... 86306 ...... 5.0 ac 16 ac 99 Phenanthrene ...... 85018 ...... 100 Pyrene ...... 129000 ...... 960 a 11000 a 101 1,2,4-Trichlorobenzene ...... 120821 ...... 102 Aldrin ...... 309002 3 g ...... 1.3 g ...... 0.00013 ac 0.00014 ac 103 alpha-BHC ...... 319846 ...... 0.0039 ac 0.013 ac 104 beta-BHC ...... 319857 ...... 0.014 ac 0.046 ac 105 gamma-BHC ...... 58899 2 g 0.08 g 0.16 g ...... 0.019 c 0.063 c 106 delta-BHC ...... 319868 ...... 107 Chlordane ...... 57749 2.4 g 0.0043 g 0.09 g 0.004 g 0.00057 ac 0.00059 ac 108 4-4′-DDT ...... 50293 1.1 g 0.001 g 0.13 g 0.001 g 0.00059 ac 0.00059 ac 109 4,4′-DDE ...... 72559 ...... 0.00059 ac 0.00059 ac 110 4,4′-DDD ...... 72548 ...... 0.00083 ac 0.00084 ac 111 Dieldrin ...... 60571 2.5 g 0.0019 g 0.71 g 0.0019 g 0.00014 ac 0.00014 ac 112 alpha-Endosulfan ...... 959988 0.22 g 0.056 g 0.034 g 0.0087 g 0.93 a 2.0 a 113 beta-Endosulfan ...... 33213659 0.22 g 0.056 g 0.034 g 0.0087 g 0.93 a 2.0 a 114 Endosulfan Sulfate ...... 1031078 ...... 0.93 a 2.0 a 115 Endrin ...... 72208 0.18 g 0.0023 g 0.037 g 0.0023 g 0.76 a 0.81 aj 116 Endrin Aldehyde ...... 7421934 ...... 0.76 a 0.81 aj 117 Heptachlor ...... 76448 0.52 g 0.0038 g 0.053 g 0.0036 g 0.00021 ac 0.00021 ac 118 Heptachlor Epoxide ...... 1024573 0.52 g 0.0038 g 0.053 g 0.0036 g 0.00010 ac 0.00011 ac 119 PCB±1242 ...... 53469219 ...... 0.014 g ...... 0.03 g ...... 120 PCB±1254 ...... 11097691 ...... 0.014 g ...... 0.03 g ...... 121 PCB±1221 ...... 11104282 ...... 0.014 g ...... 0.03 g ...... 122 PCB±1232 ...... 11141165 ...... 0.014 g ...... 0.03 g ...... 123 PCB±1248 ...... 12672296 ...... 0.014 g ...... 0.03 g ...... 124 PCB±1260 ...... 11096825 ...... 0.014 g ...... 0.03 g ...... 125a PCB±1016 ...... 12674112 ...... 0.014 g ...... 0.03 g ...... 125b Polychlorinated biphenyls (PCBs) ...... 0.00017 q 0.00017 q 126 Toxaphene ...... 8001352 0.73 0.0002 0.21 0.0002 0.00073 ac 0.00075 ac Total Number of Criteria (h) = ...... 24 29 23 27 85 84
Footnotes
a. Criteria revised to reflect current agency q1* or RfD, as contained in the Integrated Risk Information System (IRIS). The fish tissue bioconcentration factor (BCF) from the 1980 criteria documents was retained in all cases. b. The criteria refers to the inorganic form only. c. Criteria in the matrix based on carcinogenicity (10¥6 risk). For a risk level of 10¥5, move the decimal point in the matrix value one place to the right. d. Criteria Maximum Concentration (CMC) = the highest concentration of a pollutant to which aquatic life can be exposed for a short period of time (1-hour average) without deleterious effects. Criteria Continuous Concentration (CCC) = the highest concentration of a pollutant to which aquatic life can be exposed for an extended period of time (4 days) without deleterious effects. µg/L = micrograms per liter. e. Freshwater aquatic life criteria for these metals are expressed as a function of total hardness (mg/L as CaCO3), the pollutant’s water effect ratio (WER) as defined in § 131.36(c) and multiplied by an appropriate dissolved conversion factor as defined in § 131.36(b)(2).
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For comparative purposes, the values displayed in this matrix are shown as dissolved metal and correspond to a total hardness of 100 mg/L and a water effect ratio of 1.0. f. Freshwater aquatic life criteria for pentachlorophenol are expressed as a function of pH, and are calculated as follows. Values displayed above in the matrix correspond to a pH of 7.8. CMC = exp(1.005(pH)¥4.830) CCC = exp(1.005(pH)¥5.290) g. Aquatic life criteria for these compounds were issued in 1980 utilizing the 1980 Guidelines for criteria development. The acute values shown are final acute values (FAV) which by the 1980 Guidelines are instantaneous values as contrasted with a CMC which is a one-hour average. h. These totals simply sum the criteria in each column. For aquatic life, there are 31 priority toxic pollutants with some type of freshwater or saltwater, acute or chronic criteria. For human health, there are 85 priority toxic pollutants with either ‘‘water + fish’’ or ‘‘fish only’’ criteria. Note that these totals count chromium as one pollutant even though EPA has developed criteria based on two valence states. In the matrix, EPA has assigned numbers 5a and 5b to the criteria for chromium to reflect the fact that the list of 126 priority toxic pollutants includes only a single listing for chromium. i. If the CCC for total mercury exceeds 0.012 µg/l more than once in a 3-year period in the ambient water, the edible portion of aquatic species of concern must be analyzed to determine whether the concentration of methyl mercury exceeds the FDA action level (1.0 mg/kg). If the FDA action level is exceeded, the State must notify the appropriate EPA Regional Administrator, initiate a revision of its mercury criterion in its water quality standards so as to protect designated uses, and take other appropriate action such as issuance of a fish consumption advisory for the affected area. j. No criteria for protection of human health from consumption of aquatic organisms (excluding water) was presented in the 1980 criteria document or in the 1986 Quality Criteria for Water. Nevertheless, sufficient information was presented in the 1980 document to allow a calculation of a criterion, even though the results of such a calculation were not shown in the document. k. The criterion for asbestos is the MCL (56 FR 3526, January 30, 1991). l. [Reserved: This letter not used as a footnote.] m. Criteria for these metals are expressed as a function of the water effect ratio, WER, as defined in 40 CFR 131.36(c). CMC = column B1 or C1 value × WER CCC = column B2 or C2 value × WER n. EPA is not promulgating human health criteria for this contaminant. However, permit authorities should address this contaminant in NPDES permit actions using the State’s existing narrative criteria for toxics. o. [Reserved: This letter not used as a footnote.] p. Criterion expressed as total recoverable. q. This criterion applies to total PCBs (e.g., the sum of all congener or isomer or homolog or Aroclor analyses).
General Notes
1. This chart lists all of EPA’s priority toxic pollutants whether or not criteria recommendations are available. Blank spaces indicate the absence of criteria recommendations. Because of variations in chemical nomenclature systems, this listing of toxic pollutants does not duplicate the listing in Appendix A of 40 CFR Part 423. EPA has added the Chemical Abstracts Service (CAS) registry numbers, which provide a unique identification for each chemical. 2. The following chemicals have organoleptic based criteria recommendations that are not included on this chart (for reasons which are discussed in the preamble): copper, zinc, chlorobenzene, 2-chlorophenol, 2,4-dichlorophenol, acenaphthene, 2,4-dimethylphenol, 3-methyl-4-chlorophenol, hexachlorocyclopentadiene, pentachlorophenol, phenol. 3. For purposes of this rulemaking, freshwater criteria and saltwater criteria apply as specified in 40 CFR 131.36(c). Note to paragraph (b)(1): On April 14, 1995, the Environmental Protection Agency issued a stay of certain criteria in paragraph (b)(1) of this section as follows: the criteria in columns B and C for arsenic, cadmium, chromium (VI), copper, lead, nickel, silver, and zinc; the criteria in B1 and C1 for mercury; the criteria in column B for chromium (III); and the criteria in column C for selenium. The stay remains in effect until further notice. * * * * * * * (d) * ** (3) * ** (ii) * **
Use classification Applicable criteria ******* Column B2Ðall except #105, 107, 108, 111, 112, 113, 115, 117, 118, 119, 120, 121, 122, 123, 124, and 125a. ******* Column C2Ðall except #105, 107, 108, 111, 112, 113, 115, 117, 118, 119, 120, 121, 122, 123, 124, and 125a. *******
* * * * * * * (9) * ** (ii) * **
Use classification Applicable criteria ******* Column B2Ðall except #9, 13, 105, 107, 108, 111±113, 115, 117, 119±125a and 126; and *******
[FR Doc. 99–25559 Filed 11–8–99; 8:45 am] BILLING CODE 6560±50±P
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DEPARTMENT OF EDUCATION another cycle of grants under this program, Information Relay Service (FIRS) at 1– early in the next fiscal year. (Anticipated 800–877–8339. [CFDA No.: 84.305T] application availability date: June 9, 2000. Anticipated closing date: September 18, FOR APPLICATIONS CONTACT: Education Office of Educational Research and 2000. Anticipated award date: December 15, Publications Center (ED Pubs), P.O. Box Improvement; Field-Initiated Studies 2000. Estimated funds available: $10 1398, Jessup, MD 20794–1398. (FIS) Education Research Grant million.) Telephone (toll free): 1–877–433–7827. Program; Notice Inviting Applications Note: The Department is not bound by any FAX: (301) 470–1244. If you use a for New Awards for Fiscal Year (FY) estimates in this notice. telecommunications device for the deaf 2000. APPLICABLE REGULATIONS: (a) The (TDD), you may call (toll free): 1–877– 576–7734. 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Reader Aids Federal Register Vol. 64, No. 216 Tuesday, November 9, 1999
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING NOVEMBER
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 10 CFR 3 CFR Proposed Rules: Presidential Documents Proclamations: 2...... 59669, 59671 Executive orders and proclamations 523±5227 7245...... 59103 50...... 59671 The United States Government Manual 523±5227 7246...... 60083 72...... 59677 7247...... 60085 73...... 59684 Other Services Executive Orders: Electronic and on-line services (voice) 523±4534 13067 (See Notice of 11 CFR Privacy Act Compilation 523±3187 October 29, 1999)...... 59105 100...... 59113 Public Laws Update Service (numbers, dates, etc.) 523±6641 13096 (See Proc. 110...... 59606 TTY for the deaf-and-hard-of-hearing 523±5229 7247) ...... 60085 114...... 59113 Administrative Orders: 9004...... 59606 Memorandums: 9034...... 59606 ELECTRONIC RESEARCH October 27, 1999...... 60647 9036...... 59607 World Wide Web Notices: Proposed Rules: Notice of October 29, 100...... 60360 Full text of the daily Federal Register, CFR and other 1999 ...... 59105 102...... 60360 publications: Presidential Determinations: 103...... 60360 http://www.access.gpo.gov/nara No. 99±13 of February 104...... 60360 Federal Register information and research tools, including Public 4, 1999 (See 106...... 60360 Inspection List, indexes, and links to GPO Access: Presidential 107...... 60360 Determination No. 109...... 60360 http://www.nara.gov/fedreg 2000±5 of October 110...... 60360 E-mail 29, 1999 ...... 60651 114...... 60360 No. 2000±2 of October 116...... 60360 PENS (Public Law Electronic Notification Service) is an E-mail 21, 1999 ...... 58755 service for notification of recently enacted Public Laws. To No. 2000±3 of October 12 CFR subscribe, send E-mail to 25, 1999 ...... 58757 1...... 60092 [email protected] No. 2000±4 of October 5...... 60092 with the text message: 27, 1999 ...... 60649 7...... 60092 No. 2000±5 of October 211...... 58780 subscribe PUBLAWS-L your name 29, 1999 ...... 60651 226...... 60335 Use [email protected] only to subscribe or unsubscribe to 229...... 59607 PENS. We cannot respond to specific inquiries. 5 CFR 905...... 61016 Reference questions. Send questions and comments about the 532...... 60087 1805...... 59076 Proposed Rules: Federal Register system to: Proposed Rules: [email protected] 1201...... 58798 226...... 60368 611...... 60370 The Federal Register staff cannot interpret specific documents or 1102...... 58800 regulations. 7 CFR 246...... 61015 13 CFR FEDERAL REGISTER PAGES AND DATE, NOVEMBER 301...... 60088, 60333 Proposed Rules: 319...... 59603 120...... 60735 58755±59106...... 1 905...... 58759 59107±59602...... 2 928...... 59604 14 CFR 59603±60082...... 3 944...... 58759 981...... 58763, 59107 34...... 60335 60083±60332...... 4 39 ...... 59113, 59115, 59116, 60333±60646...... 5 1439...... 58766 1477...... 58766 59117, 59613, 59614, 60100, 60647±61014...... 8 60102, 60336 Proposed Rules: 61015±61198...... 9 71 ...... 59615, 60337, 60653, 278...... 59665 60654 770...... 59131 73...... 60339 785...... 61034 97...... 61017, 61018 923...... 60733 139...... 60068 1217...... 59669 1823...... 59131 Proposed Rules: 1946...... 61034 39 ...... 59137, 59685, 60134, 1956...... 59131 60136, 60138, 60383, 60386, 60742, 60743, 60745, 60748, 60750, 61039, 61042, 61044 9 CFR 71 ...... 59687, 59688, 59689, 77...... 58769 59690, 60388
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15 CFR 29 CFR 59706, 60400, 60401, 60759, 69...... 60122, 60349 61046, 61051 285...... 59616 Proposed Rules: 73 ...... 59124, 59655, 60131 62...... 59718 738...... 60339 1401...... 59697 76...... 60131 63...... 59719 740...... 60339 90 ...... 59148, 60123, 60715 68...... 59719 746...... 60339 30 CFR 95...... 59656 81...... 60478 801...... 59119 934...... 60654 101...... 59663 82...... 59141 Proposed Rules: Proposed Rules: 31 CFR 86...... 60401 287...... 59691 1...... 59719 Ch. V...... 60660 141...... 59245 20...... 59719 16 CFR 538...... 58789 142...... 59245 43...... 59719 550...... 58789 180...... 58792 73 ...... 59147, 59148, 59728, 312...... 59888 300...... 61051 1616...... 61021 560...... 58789 60149, 60150, 60151, 61054 90...... 59148, 60151 32 CFR 41 CFR 17 CFR 199...... 60671 101...... 59591 271...... 59877 101-11...... 60348 48 CFR Proposed Rules: 33 CFR 102...... 59591 201...... 58908 1...... 59694 100...... 59623 204...... 61028 239...... 59826 117 ...... 59123, 59624, 60672, 42 CFR 208...... 61030 240...... 59826 60673, 60674 409...... 60122 209...... 61028 270...... 59826 165...... 61051 410...... 59379 213...... 58908 274...... 59826 Proposed Rules: 411...... 59379, 60122 215...... 61031 413...... 60122 18 CFR 110...... 60399 225...... 61028 414...... 59379 242...... 61028 34 CFR Proposed Rules: 415...... 59379 247...... 61028 35...... 60390 668...... 58974, 485...... 59379 251...... 61030 141...... 60140 59016, 59060 489...... 60122 Proposed Rules: 385...... 60140 682...... 58938, Proposed Rules: 59016 211...... 61056 21 CFR 431...... 60882 685...... 58938, 433...... 60882 59016 5...... 59617 435...... 60882 49 CFR 175...... 60104 Proposed Rules: 457...... 60882 240...... 60966 611...... 60632 801...... 59618 601...... 61033 43 CFR Proposed Rules: 36 CFR Proposed Rules: 20...... 60143 211...... 60675 414...... 58986 Ch. II ...... 59046 600...... 61045 209...... 59046 606...... 61045 Proposed Rules: 44 CFR Ch. XI...... 60753 552...... 60556 607...... 61045 65...... 60706, 60709 571...... 60556 610...... 61045 37 CFR 67...... 60711 585...... 60556 630...... 61045 Proposed Rules: Proposed Rules: 595...... 60556 640...... 61045 67...... 60759 660...... 61045 1...... 59701 201...... 59140 801...... 59695 45 CFR 50 CFR 39 CFR 17...... 58910 24 CFR Proposed Rules: 20...... 60106 160...... 59918 222...... 60727 982...... 59620 161...... 59918 600...... 60731 40 CFR 622...... 59126, 60132 26 CFR 162...... 59918 51...... 58792 163...... 59918 635...... 58793 1 ...... 58782, 59139, 60342 52 ...... 59625, 59629, 59633, 164...... 59918 640...... 59126 301...... 58782 59635, 59638, 59642, 59644, 648...... 60359 Proposed Rules: 60109, 60343, 60346, 60678, 47 CFR 660...... 59129 1...... 59139, 60395 60681, 60683, 60687, 60688 0 ...... 60122, 60715, 61022 Proposed Rules: 62...... 59648, 60689 1 ...... 59656, 60122, 60715 16...... 59149 28 CFR 63...... 59650 2...... 60123 17...... 58934, 59729 0...... 58782 68...... 59650 20...... 59656, 60126 622 ...... 59152, 59153, 60151, 2...... 59622 131...... 61182 21...... 60715 60402 27...... 58782 180...... 59652, 60112 27...... 60715 648...... 59156 50...... 59122 300...... 60121 54...... 60349 654...... 59153 Proposed Rules: Proposed Rules: 61...... 60122 660...... 60402 16...... 60753 52 ...... 59703, 59704, 59705, 68...... 60715 679 ...... 58796, 59730, 60157
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REMINDERS National school lunch, Hazardous waste program GENERAL SERVICES The items in this list were school breakfast, summer authorizations: ADMINISTRATION editorially compiled as an aid food service, and child Georgia; comments due by Federal Acquisition Regulation to Federal Register users. and adult care food 11-15-99; published 10- (FAR): Inclusion or exclusion from programs; vegetable 14-99 Federal Supply Schedules this list has no legal protein products Hazardous waste: Program; small business significance. requirements modification; Cement kiln dust; opportunities; comments comments due by 11-19- management standards; due by 11-15-99; 99; published 8-25-99 comments due by 11-18- published 9-14-99 RULES GOING INTO Correction; comments due 99; published 8-20-99 Federal travel: EFFECT NOVEMBER 9, by 11-19-99; published Pesticide programs: 1999 9-3-99 Conference planning costs; Antimicrobial pesticide comments due by 11-15- COMMERCE DEPARTMENT products; registration DEFENSE DEPARTMENT 99; published 9-15-99 National Oceanic and procedures and labeling HEALTH AND HUMAN Acquisition regulations: Atmospheric Administration standards; comments due SERVICES DEPARTMENT Contract administration and Endangered and threatened by 11-16-99; published 9- audit services; published species: 17-99 Food and Drug 11-9-99 Administration Sea turtle conservation; Pesticides; tolerances in food, Coordinated procedures shrimp trawling animal feeds, and raw Biological products: update; published 11-9-99 requirementsÐ agricultural commodities: Blood, blood components, Weighted guidelines and Matagorda Bay, TX, Cyromazine; comments due and blood derivatives; performance-based inshore waters; limited by 11-15-99; published 9- deferred donors payments; published 11-9- tow times use as 15-99 notification requirements; 99 alternative to turtle Correction; comments due comments due by 11-17- EQUAL EMPLOYMENT excluder devices; by 11-15-99; published 99; published 8-19-99 OPPORTUNITY COMMISSION comments due by 11- 10-20-99 Human blood donors; Federal sector equal 18-99; published 10-25- Radiation protection programs: testing for evidence of employment opportunity: 99 Rocky Flats Environmental infection due to Complaint processing Fishery conservation and communicable disease regulations; alternative management: Technology Site; waste characterization program; agents; requirements; dispute resolution Alaska; fisheries of documents availability; comments due by 11-17- programs availability, etc.; Exclusive Economic comments due by 11-17- 99; published 8-19-99 published 7-12-99 ZoneÐ 99; published 10-18-99 Plasma derivatives and TRANSPORTATION Gulf of Alaska and Bering other blood-derived FEDERAL DEPARTMENT Sea and Aleutian products; tracking and COMMUNICATIONS Federal Transit Islands groundfish; notification requirements; COMMISSION Administration comments due by 11- comments due by 11-17- Organization, functions, and 15-99; published 10-1- Digital television stations; table 99; published 8-19-99 of assignments: authority delegations: 99 Human drugs: Deputy Administrator; DEFENSE DEPARTMENT Nevada; comments due by 11-15-99; published 9-29- Narcotic drugs use in published 11-9-99 Acquisition regulations: 99 maintenance and Commercial items; domestic detoxification treatment of Radio stations; table of COMMENTS DUE NEXT source restrictions; narcotic dependence assignments: WEEK comments due by 11-15- (opioid addiction); 99; published 9-14-99 New York; comments due comments due by 11-19- by 11-15-99; published AGRICULTURE Federal Acquisition Regulation 99; published 7-22-99 10-6-99 DEPARTMENT (FAR): Topical otic products (OTC) Agricultural Marketing Federal Supply Schedules FEDERAL RESERVE for drying water-clogged Service Program; small business SYSTEM ears; final monograph Fruits, vegetables, and other opportunities; comments Equal credit opportunity, amendment; comments products, processed: due by 11-15-99; electronic fund transfers, due by 11-15-99; Destination market published 9-14-99 consumer leasing, truth in published 8-17-99 lending, and truth in savings inspections; fees; ENVIRONMENTAL HEALTH AND HUMAN (Regulations B, E, M, Z, comments due by 11-19- PROTECTION AGENCY SERVICES DEPARTMENT and DD): 99; published 9-20-99 Air quality implementation Disclosure requirements; Public Health Service AGRICULTURE plans; approval and Human drugs: DEPARTMENT promulgation; various delivery by electronic Animal and Plant Health States: communication; comments Narcotic drugs use in due by 11-15-99; maintenance and Inspection Service California; comments due by published 10-25-99 detoxification treatment of Exportation and importation of 11-17-99; published 10- narcotic dependence animals and animal 18-99 FEDERAL RETIREMENT (opioid addiction); products: Nevada; comments due by THRIFT INVESTMENT BOARD comments due by 11-19- Hog cholera; importation 11-15-99; published 11-3- 99; published 7-22-99 and in-transit movement 99 Privacy Act; implementation; of fresh pork and pork New Jersey; comments due comments due by 11-15-99; HOUSING AND URBAN products from Mexico into by 11-15-99; published published 9-15-99 DEVELOPMENT U.S.; comments due by 10-14-99 FEDERAL TRADE DEPARTMENT 11-15-99; published 9-15- New York; comments due COMMISSION Mortgage and loan insurance 99 by 11-15-99; published Trade regulation rules: programs: AGRICULTURE 10-14-99 Home insulation; labeling Single family mortgage DEPARTMENT North Carolina; comments and advertising; insuranceÐ Food and Nutrition Service due by 11-15-99; comments due by 11-15- Homeowner downpayment Child nutrition programs: published 10-15-99 99; published 9-1-99 sources; comments due
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by 11-15-99; published NATIONAL Hartzell Propeller, Inc.; session of Congress which 9-14-99 COUNTERINTELLIGENCE comments due by 11-19- have become Federal laws. It Public and Indian housing: CENTER 99; published 9-20-99 may be used in conjunction Public housing agency Freedom of Information Act, Sikorsky; comments due by with ``P L U S'' (Public Laws consortia and joint Privacy Act, and Executive 11-16-99; published 9-17- Update Service) on 202±523± ventures; comments due Order 12958; 99 6641. This list is also by 11-15-99; published 9- implementation; comments Teledyne Continental available online at http:// 14-99 due by 11-15-99; published Motors; comments due by www.nara.gov/fedreg. 9-14-99 11-15-99; published 9-15- Public housing The text of laws is not 99 homeownership programs; NUCLEAR REGULATORY published in the Federal comments due by 11-15- COMMISSION Class E airspace; comments Register but may be ordered 99; published 9-14-99 Radiation protection standards: due by 11-19-99; published in ``slip law'' (individual INTERIOR DEPARTMENT Solid materials release at 10-5-99 pamphlet) form from the Fish and Wildlife Service licensed facilities; TRANSPORTATION Superintendent of Documents, Endangered and threatened regulatory framework; DEPARTMENT U.S. Government Printing species: comments due by 11-15- Research and Special Office, Washington, DC 20402 Columbian white-tailed deer; 99; published 6-30-99 Programs Administration (phone, 202±512±1808). The Douglas County Rulemaking petitions: Hazardous materials: text will also be made population delisting; Nuclear Energy Institute; Hazardous materials available on the Internet from comments due by 11-18- comments due by 11-16- transportationÐ GPO Access at http:// 99; published 11-3-99 99; published 9-2-99 www.access.gpo.gov/nara/ Packages intended for index.html. Some laws may INTERIOR DEPARTMENT STATE DEPARTMENT transportation in not yet be available. Surface Mining Reclamation Inter-American Convention on international commerce; and Enforcement Office International Commercial limited extension of H.J. Res. 75/P.L. 106±88 Permanent program and Arbitration Commission; requirements for Making further continuing abandoned mine land procedure rules; comments labeling materials appropriations for the fiscal reclamation plan due by 11-18-99; published poisonous by inhalation; year 2000, and for other submissions: 10-4-99 comments due by 11- 15-99; published 9-16- purposes. (Nov. 5, 1999; 113 Arkansas; comments due by TRANSPORTATION 99 Stat. 1304) 11-17-99; published 10- DEPARTMENT 18-99 Packages intended for Last List November 8, 1999 Coast Guard transportation in LIBRARY OF CONGRESS Regattas and marine parades: international commerce; Copyright Office, Library of Port of Hampton Roads; limited extension of Congress OPSAIL 2000; comments requirements for Public Laws Electronic Copyright office and due by 11-15-99; labeling materials Notification Service procedures: published 9-30-99 poisonous by inhalation; (PENS) Non-subscription digital Uninspected vessels: correction; comments transmissions; notice and due by 11-15-99; Towing vessels; fire recordkeeping; comments published 9-24-99 protection measures; PENS is a free electronic mail due by 11-17-99; comments due by 11-18- TREASURY DEPARTMENT notification service of newly published 11-2-99 99; published 10-19-99 Alcohol, Tobacco and enacted public laws. To NATIONAL AERONAUTICS subscribe, go to www.gsa.gov/ TRANSPORTATION Firearms Bureau AND SPACE archives/publaws-l.html or DEPARTMENT Alcoholic beverages: ADMINISTRATION send E-mail to Federal Aviation Wine; labeling and Federal Acquisition Regulation [email protected] with Administration advertisingÐ (FAR): the following text message: Airworthiness directives: Additional ameliorating Federal Supply Schedules SUBSCRIBE PUBLAWS-L Boeing; comments due by material in certain Program; small business wines; comments due Your Name. opportunities; comments 11-15-99; published 10-1- 99 by 11-15-99; published due by 11-15-99; 9-16-99 Note: This service is strictly published 9-14-99 Bombardier; comments due for E-mail notification of new Grant and cooperative by 11-15-99; published laws. The text of laws is not agreement recipients; 10-14-99 LIST OF PUBLIC LAWS available through this service. administrative requirements British Aerospace; PENS cannot respond to reduction; comments due by comments due by 11-15- This is a continuing list of specific inquiries sent to this 11-15-99; published 9-16-99 99; published 10-14-99 public bills from the current address.
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