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The FEDERAL REGISTER is published daily, Monday through SUBSCRIPTIONS AND COPIES Friday, except official holidays, by the Office of the Federal Register, National Archives and Records Administration, PUBLIC Washington, DC 20408, under the Federal Register Act (44 U.S.C. Subscriptions: Ch. 15) and the regulations of the Administrative Committee of Paper or fiche 202–512–1800 the Federal Register (1 CFR Ch. I). The Superintendent of Assistance with public subscriptions 512–1806 Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official edition. General online information 202–512–1530; 1–888–293–6498 Single copies/back copies: The Federal Register provides a uniform system for making available to the public regulations and legal notices issued by Paper or fiche 512–1800 Federal agencies. These include Presidential proclamations and Assistance with public single copies 512–1803 Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published Subscriptions: by act of Congress, and other Federal agency documents of public Paper or fiche 523–5243 interest. Assistance with Federal agency subscriptions 523–5243 Documents are on file for public inspection in the Office of the Federal Register the day before they are published, unless the issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see http://www.nara.gov/ fedreg. The seal of the National Archives and Records Administration authenticates the Federal Register as the official serial publication established under the Federal Register Act. Under 44 U.S.C. 1507, the contents of the Federal Register shall be judicially noticed. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge as one of the databases on GPO Access, a service of the U.S. Government Printing Office. The online edition of the Federal Register is issued under the authority of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6 a.m. each day the Federal Register is published and it includes both text and graphics from Volume 59, Number 1 (January 2, 1994) forward. GPO Access users can choose to retrieve online Federal Register documents as TEXT (ASCII text, graphics omitted), PDF (Adobe Portable Document Format, including full text and all graphics), or SUMMARY (abbreviated text) files. Users should carefully check retrieved material to ensure that documents were properly downloaded. On the World Wide Web, connect to the Federal Register at http:/ /www.access.gpo.gov/nara. Those without World Wide Web access can also connect with a local WAIS client, by Telnet to swais.access.gpo.gov, or by dialing (202) 512-1661 with a computer and modem. When using Telnet or modem, type swais, then log in as guest with no password. For more information about GPO Access, contact the GPO Access User Support Team by E-mail at [email protected]; by fax at (202) 512–1262; or call (202) 512–1530 or 1–888–293–6498 (toll free) between 7 a.m. and 5 p.m. Eastern time, Monday–Friday, except Federal holidays. The annual subscription price for the Federal Register paper edition is $555, or $607 for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $220. Six month subscriptions are available for one-half the annual rate. The charge for individual copies in paper form is $8.00 for each issue, or $8.00 for each group of pages as actually bound; or $1.50 for each issue in microfiche form. All prices include regular domestic postage and handling. International customers please add 25% for foreign handling. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard or Discover. Mail to: New Orders, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 64 FR 12345.
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Contents Federal Register Vol. 64, No. 129
Wednesday, July 7, 1999
Agency for Toxic Substances and Disease Registry Copyright Office, Library of Congress NOTICES RULES Meetings: Copyright, compulsory licenses, and copyright arbitration Hanford Health Projects Inter-tribal Council et al., 36692– royalty panel; technical amendments, 36574–36576 36693 Copyright office and procedures: Vessel hulls; design protection, 36576–36580 Agriculture Department See Animal and Plant Health Inspection Service Defense Department See Farm Service Agency See Navy Department See Forest Service Drug Enforcement Administration See Rural Utilities Service NOTICES Applications, hearings, determinations, etc.: Animal and Plant Health Inspection Service American Radiolabeled Chemicals, Inc., 36716 PROPOSED RULES Applied Science Labs, Inc., 36716–36717 Plant-related quarantine, foreign: Damocles10, 36717 Unmanufactured solid wood packing material; Ganes Chemicals, Inc., 36717 importation, 36608–36609 Roberts Laboratories, Inc., 36717 Roche Diagnostics Corp., 36718 Centers for Disease Control and Prevention NOTICES Education Department Meetings: NOTICES Disease, Disability, and Injury Prevention and Control Agency information collection activities: Special Emphasis Panel, 36693 Proposed collection; comment request, 36674 National Institute for Occupational Safety and Health— Postsecondary education: Childhood Agricultural Injury Prevention Initiative, William D. Ford Federal Direct Loan Program— 36693 Loan records and promissory notes; submission deadline, 36747–36748 Children and Families Administration NOTICES Energy Department Meetings: See Federal Energy Regulatory Commission Head Start Research and Evaluation Advisory Committee, NOTICES 36694 Grants and cooperative agreements; availability, etc.: Closed-loop biomass co-firing, 36674–36675 Co-firing biomass with lignite, 36675 Coast Guard Meetings: RULES Secretary of Energy Advisory Board, 36675–36677 Drawbridge operations: Louisiana, 36570 Environmental Protection Agency New Jersey, 36569–36570 RULES Ports and waterways safety: Air programs; approval and promulgation; State plans for Boston Inner Harbor, MA; safety zone, 36573–36574 designated facilities and pollutants: RIN numbers update; technical amendments; correction, Illinois, 36600–36605 36572 Air quality implementation plans; approval and Western Long Island Sound, NY; safety zone, 36571– promulgation; various States: 36572 Texas, 36586–36600 PROPOSED RULES Water pollution; effluent guidelines for point source Ports and waterways safety: categories: Lower New York Bay and Raritan Bay, NY; safety zone, Pulp, paper, and paperboard industries; bleached 36633–36635 papergrade kraft and soda subcategory, 36580–36586 PROPOSED RULES Commerce Department Air programs; approval and promulgation; State plans for See International Trade Administration designated facilities and pollutants: See National Institute of Standards and Technology Illinois, 36639–36640 NOTICES Air quality implementation plans; approval and Agency information collection activities: promulgation; various States: Submission for OMB review; comment request, 36666 Delaware, 36635–36639 Pesticides; tolerances in food, animal feeds, and raw Commodity Futures Trading Commission agricultural commodities: RULES N-acyl sarcosines and sodium N-acyl sarcosinates, Commodity Exchange Act: 36640–36642 Recordkeeping requirements; electronic storage media NOTICES and other recordkeeping-related issues, 36568–36569 Confidential business information and data transfer, 36682
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Grant and cooperative agreement awards: Applications, hearings, determinations, etc.: South Coast Air Quality Management District, CA, Blue Lake Gas Storage Co., 36677 36682–36683 Colorado Interstate Gas Co., 36677–36678 Pesticide programs: Southern Natural Gas Co., 36678 Organophosphate pesticide; cadusafos; risk assessments Steuben Gas Storage Co., 36678 and public participation on risk management, 36683– Viking Gas Transmission Co., 36678 36685 Wyoming Interstate Co., Ltd., 36678–36679 Superfund; response and remedial actions, proposed settlements, etc.: Federal Railroad Administration Malvern TCE Site, PA, 36685 NOTICES Agency information collection activities: Executive Office of the President Submission for OMB review; comment request, 36738 See National Drug Control Policy Office See Presidential Documents Federal Reserve System NOTICES Farm Credit Administration Banks and bank holding companies: NOTICES Change in bank control, 36689 Meetings; Sunshine Act, 36686 Formations, acquisitions, and mergers, 36689–36690 Farm Service Agency Permissible nonbanking activities, 36690 NOTICES Meetings: Fish and Wildlife Service National Drought Policy Commission, 36665 NOTICES Comprehensive conservation plans; availability, etc.: Federal Aviation Administration Little Pend Oreille National Wildlife Refuge, WA, 36712– RULES 36713 Airworthiness directives: Boeing, 36563–36565 Food and Drug Administration Dassault, 36561–36563 NOTICES Class E airspace, 36565–36568 Reports and guidance documents; availability, etc.: PROPOSED RULES Container closure systems for packaging human drugs Airworthiness directives: and biologics; chemistry, manufacturing, and Bombardier, 36624–36626 controls documentation; industry guidance, 36694– British Aerospace, 36626–36628 36695 Eurocopter France, 36623–36624 Israel Aircraft Industries, Ltd., 36628–36630 Forest Service Precise Flight, Inc., 36618–36623 NOTICES Class D airspace, 36630–36631 Appealable decisions; legal notice: Class E airspace, 36631–36632 Pacific Northwest Region, 36665–36666 NOTICES Agency information collection activities: General Services Administration Submission for OMB review; comment request, 36737 NOTICES Meetings: Agency information collection activities: RTCA, Inc., 36737–36738 Submission for OMB review; comment request, 36690 Federal Communications Commission RULES Geological Survey Television broadcasting: NOTICES Cable television systems— Agency information collection activities: Multichannel cable and cable television service; Submission for OMB review; comment request, 36713 pleading and complaint process, 36605 PROPOSED RULES Health and Human Services Department Common carrier services: See Agency for Toxic Substances and Disease Registry Wireless telecommunication service— See Centers for Disease Control and Prevention 746-764 and 776-794 MHz bands; service rules, 36642– See Children and Families Administration 36657 See Food and Drug Administration NOTICES See Health Care Financing Administration Agency information collection activities: See Health Resources and Services Administration Proposed collection; comment request, 36686–36687 See Indian Health Service Submission for OMB review; comment request, 36688 See National Institutes of Health Committees; establishment, renewal, termination, etc.: See Public Health Service Technological Advisory Council, 36688–36689 See Substance Abuse and Mental Health Services Administration Federal Energy Regulatory Commission NOTICES NOTICES Agency information collection activities: Hydroelectric applications, 36679–36680 Proposed collection; comment request, 36690–36691 Reports and guidance documents; availability, etc.: Grant and cooperative agreement awards: Public access to information and electronic filing; staff National Campaign to Prevent Teen Pregnancy, 36691– issue paper, 36681–36682 36692
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Grants and cooperative agreements; availability, etc.: Justice Department Welfare outcomes; short-term policy research; correction, See Drug Enforcement Administration 36692 See Immigration and Naturalization Service See Prisons Bureau Health Care Financing Administration NOTICES NOTICES Agency information collection activities: Meetings: Submission for OMB review; comment request, 36713– Competitive Pricing Advisory Committee and Kansas City 36716 Metropolitan Area Advisory Committee, 36695– 36696 Labor Department See Labor Statistics Bureau Health Resources and Services Administration See Mine Safety and Health Administration NOTICES Agency information collection activities: Labor Statistics Bureau Submission for OMB review; comment request, 36696– NOTICES 36697 Agency information collection activities: Organization, functions, and authority delegations: Proposed collection; comment request, 36718 Health Professions Bureau, Vaccine Injury Compensation Division, 36697 Library of Congress Housing and Urban Development Department See Copyright Office, Library of Congress NOTICES Agency information collection activities: Maritime Administration Proposed collection; comment request, 36709–36710 NOTICES Submission for OMB review; comment request, 36710– Agency information collection activities: 36712 Proposed collection; comment request, 36738–36739
Immigration and Naturalization Service Medicare Payment Advisory Commission RULES NOTICES Immigration: Meetings, 36719 Canadian border boat landing permit program; application and issuance procedures, 36559–36561 Mine Safety and Health Administration PROPOSED RULES Indian Affairs Bureau Coal mine and metal and nonmetal mine safety and health: NOTICES Underground mines— Tribal-State Compacts approval; Class III (casino) gambling: Self-rescue devices, 36632–36633 Comanche Indian Tribe, OK, 36713 Confederated Tribes of Siletz Indians of Oregon, 36713 National Aeronautics and Space Administration RULES Indian Health Service Acquisition regulations: NOTICES Agency protests; mandatory solicitation provision, Organization, functions, and authority delegations: 36606–36607 Aberdeen Area Indian Health Service, 36697–36700 Miscellaneous administrative revisions, 36605–36606 Interior Department National Drug Control Policy Office See Fish and Wildlife Service See Geological Survey NOTICES See Indian Affairs Bureau Meetings: NOTICES Drug-Free Communities Advisory Commission, 36685 Environmental statements; availability, etc.: Central Utah Project— National Highway Traffic Safety Administration Diamond Fork System, Bonneville Unit, 36712 PROPOSED RULES Motor vehicle safety standards: Internal Revenue Service Child restraint systems— RULES Child booster seats for older children; use in older cars, Procedure and administration: 36657–36664 Payment of internal revenue taxes by credit card and NOTICES debit card; correction, 36569 Motor vehicle safety standards: Nonconforming vehicles— International Trade Administration Importation eligibility; determinations, 36739–36742 NOTICES Motor vehicle safety standards; exemption petitions, etc.: Antidumping: Qvale Automotive Group SrL, 36742–36743 Stainless steel plate from— Sweden, 36667–36671 National Institute of Standards and Technology Antidumping and countervailing duties: NOTICES Cut-to-length carbon steel plate from— Reports and guidance documents; availability, etc.: Various countries, 36666–36667 Key recovery products; requirements; Technical Advisory Export trade certificates of review, 36671–36672 Committee report; comment request, 36672–36673
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National Institutes of Health See National Institutes of Health NOTICES See Substance Abuse and Mental Health Services Agency information collection activities: Administration Submission for OMB review; comment request, 36700– NOTICES 36701 National Toxicology Program: Grants and cooperative agreements; availability, etc.: Chemicals nominated for toxicology studies; testing National Institute of Dental and Craniofacial Research— recommendations; comment ruest, 36704–36707 Bone metastasizing cancers; diagnostics or therapeutics development, 36701–36702 Research and Special Programs Administration Meetings: NOTICES National Institute of Child Health and Human Hazardous materials: Development, 36702 Safety advisories— National Institute of General Medical Sciences, 36702 Batteries and electrical storage devices; transportation Scientific Review Center, 36702–36704 packaging, 36743–36745 Hazardous materials transportation: National Science Foundation Department-wide program evaluation NOTICES Meetings, 36734–36737 Agency information collection activities: Rural Utilities Service Submission for OMB review; comment request, 36719– 36720 PROPOSED RULES Electric loans: Navy Department Load forecasts; borrower requirements, 36609–36615 NOTICES Securities and Exchange Commission Environmental statements; availability, etc.: NOTICES Second Marine Aircraft Wing; V-22 introduction, 36673– Self-regulatory organizations; proposed rule changes: 36674 Chicago Board Options Exchange, Inc., 36725–36726 Nuclear Regulatory Commission Chicago Stock Exchange, Inc., 36726–36727 National Association of Securities Dealers, Inc., 36728– PROPOSED RULES 36730 Rulemaking petitions: New York Stock Exchange, Inc., 36731–36733 Colorado and Organization of Agreement States, 36615– 36617 Small Business Administration NOTICES PROPOSED RULES Agency information collection activities: Disaster loan program: Submission for OMB review; comment request, 36721 Pre-disaster mitigation loans, 36617–36618 Committees; establishment, renewal, termination, etc.: Pilot Program Evaluation Panel, 36721–36722 State Department Decommissioning plans; site: NOTICES Millstone Nuclear Power Station, Unit 1, Waterford, CT; Meetings: post-shutdown decommissioning activities report, Overseas Presence Advisory Panel, 36733 36722 Environmental statements; availability, etc.: Substance Abuse and Mental Health Services Commonwealth Edison Co., 36722–36724 Administration Reports and guidance documents; availability, etc.: NOTICES Materials licenses; consolidated guidance— Federal agency urine drug testing; certified laboratories Licenses of broad scope; program-specific guidance, meeting minimum standards, list, 36707–36709 36724–36725 Meetings: SAMHSA special emphasis panels, 36709 Postal Rate Commission NOTICES Toxic Substances and Disease Registry Agency Visits to facilities, 36725 See Agency for Toxic Substances and Disease Registry
Presidential Documents Transportation Department EXECUTIVE ORDERS See Coast Guard Afghanistan; blocking property and prohibiting transactions See Federal Aviation Administration with the Taliban (EO 13129), 36757–36761 See Federal Railroad Administration See Maritime Administration Prisons Bureau See National Highway Traffic Safety Administration RULES See Research and Special Programs Administration Inmate control, custody, care, etc.: NOTICES Inmate personal property, 36749–36755 Aviation proceedings: Agreements filed; weekly receipts, 36733 Public Health Service Certificates of public convenience and necessity and See Agency for Toxic Substances and Disease Registry foreign air carrier permits; weekly applications, See Centers for Disease Control and Prevention 36733–36734 See Food and Drug Administration Hazardous materials transportation: See Health Resources and Services Administration Department-wide program evaluation See Indian Health Service Meetings, 36734–36737
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Treasury Department Part III See Internal Revenue Service Department of Justice, Bureau of Prisons, 36749–36755 United States Information Agency NOTICES Part IV Art objects; importation for exhibition: The President, 36757–36761 Egyptian Art in The Age of the Pyramids e, 36745
Separate Parts In This Issue Reader Aids Consult the Reader Aids section at the end of this issue for Part II phone numbers, online resources, finding aids, reminders, Department of Education, 36747–36748 and notice of recently enacted public laws.
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
3 CFR 1804...... 36605 1809...... 36605 Executive Orders: 1815...... 36605 13129...... 36757 1827...... 36605 7 CFR 1832...... 36605 Proposed Rules: 1833...... 36606 319...... 33608 1845...... 36605 1710...... 33609 1852...... 36605 1871...... 36605 8 CFR 1872...... 36605 235...... 36559 49 CFR 10 CFR Proposed Rules: Proposed Rules: 571...... 366657 40...... 36615 13 CFR Proposed Rules: 123...... 36617 14 CFR 39 (2 documents) ...... 36561, 36563 71 (4 documents) ...... 36565, 36566, 36567, 36568 Proposed Rules: 39 (5 documents) ...... 36618, 36623, 36624, 36626, 36628 71 (2 documents) ...... 36630, 36631 17 CFR 1...... 36568 26 CFR 301...... 36569 28 CFR 553...... 36750 30 CFR Proposed Rules: 57...... 36632 75...... 36632 33 CFR 117 (2 documents) ...... 36569, 36570 165 (3 documents) ...... 36571, 36572, 36573 Proposed Rules: 165...... 36633 37 CFR 201...... 36574 202...... 36574 203...... 36574 204...... 36574 211...... 36574 212...... 36576 251...... 36574 253...... 36574 259...... 36574 260...... 36574 40 CFR 9...... 36580 52...... 36586 62...... 36600 430...... 36580 Proposed Rules: 52...... 36635 62...... 36639 180...... 36640 47 CFR 76...... 36605 Proposed Rules: 27...... 36642 73...... 36642 48 CFR 1801...... 36605
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Rules and Regulations Federal Register Vol. 64, No. 129
Wednesday, July 7, 1999
This section of the FEDERAL REGISTER Background (30 Persons who are enrolled in one contains regulatory documents having general of the Service’s Alternative Inspection In general, the Service regulations at applicability and legal effect, most of which programs to be automatically included 8 CFR 235.1(a) require that an are keyed to and codified in the Code of in the I–68 program without requiring application for entry into the United Federal Regulations, which is published under an additional application or fee; and 50 titles pursuant to 44 U.S.C. 1510. States must be made in person to an (4) The inclusion in the program of Immigration Officer at a U.S. port-of- The Code of Federal Regulations is sold by landed immigrants of Canada, who are entry (POE) at a time when the port is not citizens of British Commonwealth the Superintendent of Documents. Prices of open for inspection. However, 8 CFR new books are listed in the first FEDERAL Countries, provided they are nationals REGISTER issue of each week. 235.1(e) provides an exception to this of a country designated for participation requirement by providing for in the VWPP and are in possession of a participation in the Canadian Border valid, unexpired passport issued by DEPARTMENT OF JUSTICE Boat Landing Permit (I–68) program, their country of nationality, an which allows certain persons who enter unexpired United States visa, and a Immigration and Naturalization Service the United States by small boat to be valid multiple entry 1–94 to the United inspected once per year, and thereafter 8 CFR Part 235 States. enter from time to time for recreational The interim rule included a request purposes without further inspection. for comments by November 10, 1997. [INS No. 1796±96] On August 7, 1995, the Service The Service received one response published a final rule in the Federal concerning several issues in the interim RIN 1115±AE53 Register at 60 FR 40064, establishing a rule. The following is a discussion of fee of $16 per individual with a family the comment and the Service’s Canadian Border Boat Landing cap of $32 for applying to participate in response. Program the I–68 program. A family was described in that rule as a husband, Discussion of Comment AGENCY: Immigration and Naturalization wife, unmarried children under 21 years Fees Service, Justice. of age, and the parents of either husband or wife residing at the same address. The commenter wanted to abandon ACTION: Final rule. the cost associated with obtaining the During the past several years, Form I–68. Under the Federal User Fee SUMMARY: members of the boating community and Immigration and Statute, 31 U.S.C. 9701, and the Office members of Congress have expressed Naturalization Service (Service) of Management and Budget Circular A– concern regarding the I–68 program. published an interim rule in the Federal 25, User Charges, reasonable charges Specifically, they were concerned that Register on September 11, 1997, which should be imposed to recover the full the enrollment and enforcement criteria amended the regulations to clarify and cost to the Federal Government of and procedures vary from district office standardize procedures for the rendering certain services that provide a to district office and that the permit is application, issuance, and use of Form specific benefit to the recipient of those sometimes difficult to obtain. The I–68, Canadian Border Boat Landing services. Accordingly, the fee for the I– imposition of a fee for the permit also Card. This rule adopts the interim rule 68 will be retained in the final rule. as final with two minor changes. The sparked concern. first change clarifies that a Visa Waiver In an effort to improve the I–68 Difficulty in Obtaining Permit Pilot Program (VWPP) national program, the Service met with members The commenter states that obtaining participating in the I–68 program need of the boating community, other Federal the permit is difficult. The Service not obtain or have a visa, provided that inspection and enforcement agencies, disagrees. Each boating season, in order he or she is in possession of a valid congressional staffers, and to make this benefit easily available, unexpired I–94W and the Form I–68. representatives of the Canadian inspectors travel to boat shows, marinas, This change is consistent with the Government on August 13, 1996, in and other gatherings to issue the Form requirements for entry into the United Alexandra, Virginia. Numerous I–68. In addition, the Service’s districts States by a VWPP participant. The suggestions for improving the program mount publicity campaigns to educate second change provides that the Form I– were received and were incorporated boaters about these requirements. The 68 is valid for 1 year regardless of the into an interim rule that was published Service has further reduced this burden length of validity of an applicant’s Form in the Federal Register on September by allowing a person to renew a valid I–94 or I–94W. 11, 1997, at 62 FR 47749. permit by mail. Application forms are DATES: This final rule is effective August The interim rule amended the available by mail to the public. 6, 1999. regulations to allow: Applicants may call 1–800–870–3676 to (1) Boaters to enter the United States obtain Form I–68. The I–68 application FOR FURTHER INFORMATION CONTACT: for pleasure for brief visits which do not forms are also available at the INS Home Jennifer Sava, Assistant Chief Inspector, exceed 72 hours in duration to travel Page on the World Wide Web at http:/ Inspections Division, Immigration and within 25 miles of the shoreline area /www.ins.usdoj.gov. Further, the Naturalization Service, 425 I Street, NW, along the northern border of the United Service has reduced the burden on the Room 4057, Washington, DC 20536, States. public by considering those persons telephone (202) 307–1942. (2) Persons who are renewing a valid who are enrolled in one of the Service’s SUPPLEMENTARY INFORMATION: permit to do so by mail; Alternative Inspections programs such
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The interim rule stated that Form I– This rule is not considered by the application or fee. 68 shall not be valid for a period longer Department of Justice, Immigration and than the validity of the applicant’s Form Naturalization Service, to be a Using a Cost-Free Telephone Reporting I–94. The final rule has been amended, ‘‘significant regulatory action’’ under Requirement however, to state that Form I–68 is valid Executive Order 12866, section 3(f), The commenter also suggested the use for 1 year in all cases. It should be noted Regulatory Planning and Review, and of a cost-free telephone reporting system that once the Form I–94 or I–94W the Office of Management and Budget for boaters entering the United States. expires, the applicant must once again has waived its review process under Telephonic inspections, which are formally apply for admission at a staffed section 6(a)(3)(A). allowed by Customs Service regulations Class A POE. to satisfy their reporting requirements, Alternatively, a landed immigrant of Executive Order 12612 are not authorized by Service Canada who is a national of a VWPP The regulations proposed herein will Regulations. The Service requires that country may apply for a nonimmigrant not have substantial direct effects on the every person entering the United States visa, such as a B–2 which is issued to States, on the relationship between the must be inspected in a manner that temporary visitors for pleasure, rather National Government and the States, or includes face-to-face interaction with an than apply for admission under the on the distribution of power and immigration officer or verification of VWPP. The visa, if approved, would responsibilities among the various biometric information of the applicant authorize a period of stay in the United levels of government. Therefore, in for admission. The Service has States longer than that allowed under accordance with Executive Order 12612, developed a videophone reporting the VWPP. Such an alien may it is determined that this rule does not system which meets these requirements participate in the Canadian Boat have sufficient federalism implications that may serve as an alternative to the Landing Program provided that he or to warrant the preparation of a I–68 program. The purpose of the she is in possession of the unexpired Federalism Assessment. videophone inspection program is to visa, a valid Form I–94, and a Form I– facilitate international border crossing 68 upon each subsequent entry under Executive Order 12988 Civil Justice by providing a convenient and cost the program. Reform effective means of reporting to the Accordingly, the final regulation has This rule meets the applicable Service. The Service has implemented been amended to clarify that an I–68 standards set forth in sections 3(a) and videophones at several sites in New participant who is a VWPP national, but 3(b)(2) of Executive Order 12988. York, Michigan, Ohio, and who was not previously admitted under Pennsylvania. The Service may consider the VWPP and issued a multiple entry Unfunded Mandates Reform Act of expansion to other sites after this I–94W, must be in possession of a non- 1995 reporting system for boaters is immigrant visa each time he or she uses This rule will not result in the evaluated, and if it is shown to be the Canadian Boat Landing Program to expenditure by State, local and tribal efficient. enter the United States. Regardless of governments, in the aggregate, or by the whether such a landed immigrant has private sector, of $100 million or more Changes in the Final Rule been admitted via the VWPP or on a in any 1 year, and it will not In reviewing the interim rule, the nonimmigrant visa, he or she must be in significantly or uniquely affect small Service has determined that the possession of a Form I–68, valid governments. Therefore, no actions were requirement that I–68 program passport, and a valid, unexpired deemed necessary under the provisions participants who do not share a multiple entry Form I–94 or I–94W. of the Unfunded Mandates Reform Act common nationality with Canadian of 1995. nationals, but who are nationals of Regulatory Flexibility Act designated VWPP countries, must have The Commissioner of the Immigration Small Business Regulatory Enforcement a unexpired visa, is not consistent with and Naturalization Service, in Fairness Act of 1996 the general admission requirements for accordance with the Regulatory This rule is not a major rule as VWPP nationals seeking admission into Flexibility Act (5 U.S.C. 605(b)), has defined by section 804 of the Small the United States as VMPP participants. reviewed this regulation and, by Business Regulatory Enforcement The VWPP allows nationals from approving it, certifies that the rule will Fairness Act of 1996. This rule will not designated countries, who are otherwise not have a significant economic impact result in an annual effect on the admissible, to visit the United States for on a substantial number of small economy of $100 million or more; a up to 90 days for business or pleasure entities. This rule merely finalizes an major increase in costs or prices; or without obtaining a nonimmigrant visa. interim rule which was published in the significant adverse effects on To be eligible to participate in the I–68 Federal Register on September 11, 1997. competition, employment, investment, program as a landed Canadian The interim rule was developed and productivity, innovation, or on the immigrant who is also a VWPP national, issued after the Service conducted ability of United States-based the alien must first apply for admission meetings with members of the boating companies to compete with foreign- as a VWPP alien at a designed 24/hour community, other Federal inspection based companies in domestic and staffed Class A POE. If admitted to the and enforcement agencies, export markets. United States under the VWPP at a land congressional staffers, and border POE, the alien will be issued a representatives of the Canadian Paperwork Reduction Act multiple entry, arrival/departure Form Government. The intent of the interim This rule does not impose any new I–94W. At any time during the 90-day and this final rule are to simplify the reporting or recordkeeping
VerDate 18-JUN-99 10:00 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\A07JY0.021 pfrm03 PsN: 07JYR1 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Rules and Regulations 36561 requirements. This information (4) Validity. Form I–68 shall be valid intended to prevent jamming of the flap collection (Form I–68) was previously for 1 year from the date of issuance, or jackscrews, which could result in the approved for use by the Office of until revoked or violated by the Service. inability to move the flaps or an Management and Budget (OMB) under (5) * * * asymmetric flap condition, and the OMB control number 1115–0065. (ii) Participants must be in possession consequent reduced controllability of of any authorization documents issued the airplane. List of Subjects in 8 CFR Part 235 for participation in this program or EFFECTIVE DATE: August 11, 1999. Administrative practice and another Service Alternative Inspections ADDRESSES: Information pertaining to procedure, Aliens, Immigration, program (INSPASS or PORTPASS). this amendment may be obtained from Passports and visas. Participants over the age of 15 years and or examined at the Federal Aviation Accordingly, the interim rule who are not in possession of an Administration (FAA), Transport amending 8 CFR part 235 which was INSPASS or PORTPASS enrollment Airplane Directorate, Rules Docket, published at 62 FR 47749 on September card must also be in possession of a 1601 Lind Avenue, SW., Renton, 11, 1997, is adopted as a final rule with photographic identification document Washington. the following changes: issued by a governmental agency. FOR FURTHER INFORMATION CONTACT: Participants who are landed immigrants Norman B. Martenson, Manager, PART 235ÐINSPECTION OF PERSONS of Canada and do not have a common International Branch, ANM–116, FAA, APPLYING FOR ADMISSION nationality with nationals of Canada, Transport Airplane Directorate, 1601 but who are nationals of a designated Lind Avenue, SW., Renton, Washington 1. The authority citation for part 235 country listed in § 217.2(a) of this continues to read as follows: 98055–4056; telephone (425) 227–2110; chapter must also be in possession of fax (425) 227–1149. Authority: 8 U.S.C. 1101, 1103, 1182, 1183, proper documentation as described in SUPPLEMENTARY INFORMATION: 1201, 1224, 1225, 1226, 1227, 1228, 1252; 8 paragraph (e) of this section. A CFR part 2. proposal to amend part 39 of the Federal * * * * * Aviation Regulations (14 CFR part 39) to 2. Section 235.1 is amended by: Dated: June 30, 1999. include an airworthiness directive (AD) a. Revising the third sentence in Doris Meissner, that is applicable to all Dassault Model paragraph (e) introductory text; Commissioner, Immigration and Falcon 2000 series airplanes; and b. Revising paragraph (e)(1)(v); Naturalization Service. certain Dassault Model 900EX, and c. Revising paragraph (e)(4); and by [FR Doc. 99–17101 Filed 7–6–99; 8:45 am] Mystere Falcon 900 series airplanes was d. Revising paragraph (e)(5)(ii), to BILLING CODE 4410±10±M published in the Federal Register on read as follows: May 3, 1999 (64 FR 23552). That action proposed to require repetitive § 235.1 Scope of examination. DEPARTMENT OF TRANSPORTATION operational tests of the flap asymmetry * * * * * detection system to verify proper Federal Aviation Administration (e) * * * Landed immigrants of functioning, and repair, if necessary; repetitive replacement of the inboard Canada who do not share a common 14 CFR Part 39 nationality with nationals of Canada, flap jackscrews with new jackscrews; but who are nationals of a designated [Docket No. 99±NM±63±AD; Amendment repetitive measurement of the screw/nut country listed in § 217.2(a) of this 39±11218; AD 99±14±07] play to detect discrepancies; and chapter (Visa Waiver Pilot Program) RIN 2120±AA64 corrective action, if necessary. must be in possession of a valid, Explanation of Changes Made to This unexpired passport issued by his or her Airworthiness Directives; Dassault Final Rule country of nationality, and an unexpired Model 2000, 900EX, and Mystere multiple entry Form I–94 or I–94W, Falcon 900 Series Airplanes In the applicability paragraph of the Nonimmigrant Visa Waiver Arrival/ proposed rule, the FAA inadvertently AGENCY: Federal Aviation Departure Form, and a valid unexpired transposed the serial numbers for Administration, DOT. United States visa (if the alien is not in Falcon 900EX and Mystere Falcon 900 possession of a valid unexpired Form I– ACTION: Final rule. series airplanes. Therefore, the 94W). * * * applicability paragraph of the final rule SUMMARY: This amendment adopts a has been revised to read, ‘‘All Model (1) * * * new airworthiness directive (AD), Falcon 2000 series airplanes; Falcon (v) A landed immigrant of Canada applicable to all Dassault Model Falcon 900EX series airplanes, serial numbers who does not have a common 2000 series airplanes; and certain 04 and subsequent; and Mystere Falcon nationality with nationals of Canada, Dassault Model 900EX, and Mystere 900 series airplanes, serial numbers 161 but who is a national of a designated Falcon 900 series airplanes, that and subsequent; certificated in any country listed in § 217.2(a) of this requires repetitive operational tests of category.’’ chapter (Visa Waiver Pilot Program) the flap asymmetry detection system to For clarification purposes, the FAA must also present his or her passport, a verify proper functioning, and repair, if also has revised ‘‘NOTE 2’’ of the final valid unexpired multiple entry Form I– necessary; repetitive replacement of the rule by changing all references to the 94 or I–94W and valid, unexpired inboard flap jackscrews with new ‘‘Airplane Flight Manual (AFM)’’ to nonimmigrant visa if he or she is not in jackscrews; repetitive measurement of correctly reference the ‘‘Airplane possession of a valid, unexpired the screw/nut play to detect Maintenance Manual (AMM).’’ multiple entry Form I–94W. Such a discrepancies; and corrective action, if landed immigrant of Canada may apply necessary. This amendment is prompted Conclusion for admission simultaneously with the by issuance of mandatory continuing The FAA has determined that air I–68 application and thereby obtain a airworthiness information by a foreign safety and the public interest require the Form I–94 or I–94W. civil airworthiness authority. The adoption of the rule with the changes * * * * * actions specified by this AD are described previously. The FAA has
VerDate 18-JUN-99 16:09 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\07JYR1.XXX pfrm01 PsN: 07JYR1 36562 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Rules and Regulations determined that these changes will For the reasons discussed above, I flaps or an asymmetric flap condition, and neither increase the economic burden certify that this action (1) is not a consequent reduced controllability of the on any operator nor increase the scope ‘‘significant regulatory action’’ under airplane, accomplish the following: of the AD. Executive Order 12866; (2) is not a Repetitive Operational Test ‘‘significant rule’’ under DOT Interim Action (a) Within 5 flight cycles after the effective Regulatory Policies and Procedures (44 date of this AD: Perform an operational test This is considered to be interim FR 11034, February 26, 1979); and (3) of the flap asymmetry detection system to action. The manufacturer has advised will not have a significant economic ensure that the system is functioning that it currently is developing a impact, positive or negative, on a correctly, in accordance with the procedures modification that will positively address substantial number of small entities specified in Falcon 2000 Airplane Maintenance Manual (AMM) 27–502, dated the unsafe condition addressed by this under the criteria of the Regulatory AD. Once this modification is November 1995; Falcon 900 AMM 27–502, Flexibility Act. A final evaluation has dated January 1995; or Falcon 900EX AMM developed, approved, and available, the been prepared for this action and it is 27–502, dated September 1996, as applicable. FAA may consider additional contained in the Rules Docket. A copy Prior to further flight, repair any discrepancy rulemaking. of it may be obtained from the Rules detected in accordance with a method approved by the Manager, International Cost Impact Docket at the location provided under the caption ADDRESSES. Branch, ANM–116, FAA, Transport Airplane The FAA estimates that 159 airplanes Directorate; or the Direction Ge´ne´rale de of U.S. registry will be affected by this List of Subjects in 14 CFR Part 39 l’Aviation Civile (or its delegated agent). AD. It will take approximately 1 work Repeat the operational test thereafter at Air transportation, Aircraft, Aviation intervals not to exceed 330 flight hours or 7 hour per airplane to accomplish the safety, Safety. months, whichever occurs first. required operational test, at an average labor rate of $60 per work hour. Based Adoption of the Amendment Repetitive Replacement on these figures, the cost impact of the Accordingly, pursuant to the (b) Prior to the accumulation of 1,000 total operational test required by this AD on authority delegated to me by the flight cycles on the inboard flap jackscrews, U.S. operators is estimated to be $9,540, Administrator, the Federal Aviation or within 25 flight cycles after the effective or $60 per airplane, per test cycle. Administration amends part 39 of the date of this AD, whichever occurs later: It will take approximately 8 work Federal Aviation Regulations (14 CFR Replace the inboard flap jackscrews with new jackscrews in accordance with the hours per airplane to accomplish the part 39) as follows: procedures specified in Falcon 2000 AMM required flap jackscrew replacement, at 27–510, dated November 1995; Falcon 900 an average labor rate of $60 per work PART 39ÐAIRWORTHINESS AMM 27–521, dated December 1998; or hour. Required parts will cost DIRECTIVES Falcon 900EX AMM 27–510, dated approximately $21,200 per airplane. September 1996, as applicable. Repeat the 1. The authority citation for part 39 replacement thereafter at intervals not to Based on these figures, the cost impact continues to read as follows: of the replacement required by this AD exceed 1,000 flight cycles. Authority: 49 U.S.C. 106(g), 40113, 44701. on U.S. operators is estimated to be Repetitive Inspection $3,447,120, or $21,680 per airplane, per § 39.13 [Amended] (c) Prior to the accumulation of 1,000 total replacement cycle. 2. Section 39.13 is amended by flight cycles on the outboard and center flap It will take approximately 8 work adding the following new airworthiness jackscrews, or within 25 flight cycles after the effective date of this AD, whichever hours per airplane to accomplish the directive: required measurement, at an average occurs later: Measure the screw/nut play of labor rate of $60 per work hour. Based 99–14–07 Dassault Aviation [Formerly the outboard and center flap jackscrews to detect discrepancies, in accordance with the on these figures, the cost impact of the Avions Marcel Dassault-Breguet Aviation (AMD/BA)]: Amendment 39–11218. procedures specified in Falcon 2000 AMM, measurement required by this AD on Docket 99–NM–63–AD. Temporary Revision (TR) 27–504, dated U.S. operators is estimated to be Applicability: All Model Falcon 2000 series October 1998; Falcon 900 AMM, TR 27–514, $76,320, or $480 per airplane, per airplanes; Falcon 900EX series airplanes, dated February 1999; or Falcon 900EX AMM, measurement cycle. serial numbers 04 and subsequent; and TR 27–514, dated February 1999, as The cost impact figures discussed Mystere Falcon 900 series airplanes, serial applicable. above are based on assumptions that no numbers 161 and subsequent; certificated in Note 2: The AMM revisions required by operator has yet accomplished any of any category. paragraph (c) of this AD may be the requirements of this AD action, and Note 1: This AD applies to each airplane accomplished by inserting a copy of the TR’s that no operator would accomplish identified in the preceding applicability into the applicable AMM. When these TR’s those actions in the future if this AD provision, regardless of whether it has been have been incorporated into the general revisions of the AMM, the general revisions were not adopted. modified, altered, or repaired in the area subject to the requirements of this AD. For may be inserted into the AMM, provided that Regulatory Impact airplanes that have been modified, altered, or the information contained in the general repaired so that the performance of the revisions is identical to that specified in the The regulations adopted herein will requirements of this AD is affected, the TR’s. not have substantial direct effects on the owner/operator must request approval for an (1) If the measurement is greater than 0.014 States, on the relationship between the alternative method of compliance in inch, prior to further flight, replace the national government and the States, or accordance with paragraph (d) of this AD. discrepant flap jackscrew with a new on the distribution of power and The request should include an assessment of jackscrew in accordance with the procedures responsibilities among the various the effect of the modification, alteration, or specified in Falcon 2000 AMM 27–510, dated levels of government. repair on the unsafe condition addressed by November 1995; Falcon 900 AMM 27–521, this AD; and, if the unsafe condition has not dated December 1998; or Falcon 900EX AMM Therefore, in accordance with been eliminated, the request should include Executive Order 12612, it is determined 27–510, dated September 1996, as applicable. specific proposed actions to address it. Repeat the inspection thereafter at intervals that this final rule does not have Compliance: Required as indicated, unless not to exceed 330 flight hours or 7 months, sufficient federalism implications to accomplished previously. whichever occurs first. warrant the preparation of a Federalism To prevent jamming of the flap jackscrews, (2) If the measurement is less than or equal Assessment. which could result in inability to move the to 0.014 inch, repeat the measurement
VerDate 18-JUN-99 16:09 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\07JYR1.XXX pfrm01 PsN: 07JYR1 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Rules and Regulations 36563 thereafter at intervals not to exceed 330 flight airplanes, the existing AD also requires accident investigation. The actions hours or 7 months, whichever occurs first. a one-time insulation resistance test and required by that AD are intended to Alternative Methods of Compliance a one-time inspection to detect prevent ignition sources and consequent (d) An alternative method of compliance or discrepancies of the wiring and fire/explosion in the center fuel tank. components of the fuel quantity adjustment of the compliance time that Actions Since Issuance of AD 99–08–02 provides an acceptable level of safety may be indication system (FQIS), and corrective used if approved by the Manager, actions, if necessary; replacement of Since the issuance of AD 99–08–02, International Branch, ANM–116. Operators certain FQIS probes with certain newer the FAA has become aware of certain shall submit their requests through an probes; a system adjustment and system errors in Boeing Alert Service Bulletin appropriate FAA Principal Maintenance operational test; and modification 747–28A2208, dated May 14, 1998. That Inspector, who may add comments and then (installation of a flame arrestor) of the service bulletin is cited as the source of send it to the Manager, International Branch, inlet line of the scavenge pump of the service information for paragraph (b) of ANM–116. center fuel tank. This amendment that AD, which requires replacement of Note 3: Information concerning the corrects an inadvertent omission to ‘‘series 3’’ (or earlier series) FQIS probes existence of approved alternative methods of reference a specific section of the with new ‘‘series 4’’ (or subsequent compliance with this AD, if any, may be series) probes. The term ‘‘probes,’’ as obtained from the International Branch, appropriate service information, and ANM–116. clarifies certain other requirements. used in the AD, applies generically to This amendment is prompted by a either ‘‘tank units’’ or ‘‘compensators.’’ Special Flight Permits comment received subsequent to The intent of the requirement of AD 99– (e) Special flight permits may be issued in issuance of the existing final rule, 08–02 to replace ‘‘series 3’’ (or earlier accordance with §§ 21.197 and 21.199 of the requesting clarification of certain series) FQIS probes is to purge the Federal Aviation Regulations (14 CFR 21.197 requirements of the existing AD. The Boeing Model 747 fleet of those FQIS and 21.199) to operate the airplane to a probes (both tank units and location where the requirements of this AD actions specified in this AD are can be accomplished. intended to prevent ignition sources and compensators) that utilize a knurled surface terminal block, which contribute Note 4: The subject of this AD is addressed consequent fire/explosion in the center in French airworthiness directives 1999– fuel tank. to the chafing problem. The Background and Reason sections 038–008(B), dated January 27, 1999 (for DATES: Effective May 11, 1999. Falcon 2000 series airplanes); and 1999–082– The incorporation by reference of of Alert Service Bulletin 747–28A2208 024(B) dated February 24, 1999 (for Falcon certain publications listed in the state that ‘‘series 3’’ or earlier FQIS tank 900 and Mystere Falcon 900EX series regulations was approved previously by units and compensators have a knurled airplanes). the Director of the Federal Register as of surface. With respect to the tank units, (f) This amendment becomes effective on May 11, 1999 (64 FR 16625, April 6, Figure 5 of the Accomplishment August 11, 1999. 1999). Instructions of that alert service bulletin recommends replacement of ‘‘series 3’’ Issued in Renton, Washington, on June 29, FOR FURTHER INFORMATION CONTACT: 1999. (or earlier) configurations with ‘‘series Dionne Stanley, Aerospace Engineer, 4’’ (or later) configurations. However, D.L. Riggin, Propulsion Branch, ANM–140S, FAA, with respect to the compensators, Figure Acting Manager, Transport Airplane Transport Airplane Directorate, Seattle 5 recommends removal of series 1, 2, 3, Directorate, Aircraft Certification Service. Aircraft Certification Office, 1601 Lind 4, 11, 12, 13, or 14 configurations of [FR Doc. 99–17061 Filed 7–6–99; 8:45 am] Avenue, SW., Renton, Washington certain compensator part numbers and BILLING CODE 4910±13±P 98055–4056; telephone (425) 227–2250; replacement with series 1, 5, 6, 15, or fax (425) 227–1181. 16 of certain other compensator part SUPPLEMENTARY INFORMATION: On March DEPARTMENT OF TRANSPORTATION numbers. Because of inconsistencies in 29, 1999, the FAA issued AD 99–08–02, Alert Service Bulletin 747–28A2208 that Federal Aviation Administration amendment 39–11106 (64 FR 16625, were included in AD 99–08–02, April 6, 1999), applicable to certain paragraph (b) of this AD has been 14 CFR Part 39 Boeing Model 747 series airplanes, to revised to clarify that the replacement of require a one-time visual inspection to FQIS probes (tank units and [Docket No. 99±NM±112±AD; Amendment detect discrepancies of the center fuel 39±11215; AD 99±08±02 R1] compensators) with new or serviceable tank wiring and components, and components be accomplished in RIN 2120±AA64 corrective action, if necessary; and a accordance with Figure 5 of the alert one-time electrical bonding test of the service bulletin. Airworthiness Directives; Boeing center fuel tank components, and Model 747 Series Airplanes rework, if necessary. For certain Clarification of Inspection Types AGENCY: Federal Aviation airplanes, that AD also requires a one- In paragraphs (a) and (b) of this AD, Administration, DOT. time insulation resistance test and a the FAA has added a definition of the ACTION: Final rule; correction. one-time visual inspection to detect type of inspection required by those discrepancies of the wiring and paragraphs. SUMMARY: This amendment corrects and components of the fuel quantity clarifies an existing airworthiness indication system (FQIS), and corrective Clarification of Note 2 directive (AD), applicable to certain actions, if necessary; replacement of Clarification of NOTE 2 of AD 99–08– Boeing Model 747 series airplanes, that certain FQIS probes with certain newer 02 may be helpful to operators required currently requires a one-time inspection probes; a system adjustment and system to comply with the paragraph (a) of AD to detect discrepancies of the center fuel operational test; and modification 99–08–02. Actions performed in tank wiring and components, and (installation of a flame arrestor) of the accordance with Boeing Service Bulletin corrective action, if necessary; and a inlet line of the scavenge pump of the 747–28–2205, dated June 27, 1997, one-time electrical bonding test of the center fuel tank. That action was accomplished prior to the effective date center fuel tank components, and prompted by design review and testing of this AD, are considered acceptable for rework, if necessary. For certain results obtained in support of an compliance only with the corresponding
VerDate 18-JUN-99 16:09 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\07JYR1.XXX pfrm01 PsN: 07JYR1 36564 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Rules and Regulations applicable actions specified in this AD. (b) of the AD requires action for ‘‘those accordance with paragraph (d)(1) of this AD. This excludes actions that are not airplanes listed in Boeing Alert Service The request should include an assessment of described in that bulletin, such as Bulletin 747–28A2208, dated May 14, the effect of the modification, alteration, or inspection and testing of the body fuel 1998,’’ which does include all of the repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not tank components that are described in appropriate airplanes. This information been eliminated, the request should include Revision 1 of Boeing Service Bulletin is provided for clarification so that no specific proposed actions to address it. 747–28–2205. Additionally, the confusion would exist due to the Compliance: Required as indicated, unless requirements of this AD to repair and to inconsistency identified in the Boeing accomplished previously. replace apply equally to discrepancies service bulletin. There is no change to To prevent ignition sources and detected under either version of Boeing this final rule as a result of this consequent fire/explosion in the center fuel Service Bulletin 747–28–2205. NOTE 2 clarification. tank, accomplish the following: of this AD has been revised accordingly. Action is taken herein to clarify these Fuel Tank Inspection and Bonding Test requirements of AD 99–08–02 and to Clarification of Note 3 (a) For those airplanes listed in Boeing correctly add the AD as an amendment Service Bulletin 747–28–2205, Revision 1, Airplanes affected by paragraph (b) of to § 39.13 of the Federal Aviation AD 99–08–02 include only certain dated April 16, 1998: Within 24 months after Regulations (14 CFR 39.13). the effective date of this AD, accomplish Boeing Model 747–100, –200, –300, The final rule is being reprinted in its paragraphs (a)(1) and (a)(2) of this AD, in –SP, and –SR series airplanes, but no entirety for the convenience of affected accordance with the service bulletin. –400 series airplanes. NOTE 3 of that operators. The effective date remains (1) Perform a one-time visual inspection of AD exempts airplanes affected by May 11, 1999. the center fuel tank wiring and components paragraph (b) from accomplishing steps Since this action only corrects and to detect discrepancies (damage, disbonding, 1, 2, and 4 through 9 in Figure 11 of clarifies the current requirements, it has and incorrect installation). For the purposes Boeing Service Bulletin 747–28–2205, of this AD, a visual inspection is considered no adverse economic impact and to be a general visual inspection, which is Revision 1, dated April 16, 1998 [the imposes no additional burden on any source of service information for defined as: ‘‘A visual examination of an person. Therefore, notice and public interior or exterior area, installation or accomplishment of paragraph (a) of that procedures hereon are unnecessary. assembly to detect obvious damage, failure or AD]; the only step required is step 3. irregularity. This level of inspection is made However, since the issuance of AD 99– List of Subjects in 14 CFR Part 39 under normally available lighting conditions 08–02, the FAA has determined that Air transportation, Aircraft, Aviation such as daylight, hangar lighting, flashlight, step 3 applies only to Boeing Model safety, Incorporation by reference, or drop-light and may require removal or 747–400 airplanes’—which are not Safety. opening of access panels or doors. Stands, affected by the requirements of ladders, or platforms, may be required to gain paragraph (b). Therefore, step 3 has been Adoption of the Correction proximity to the area being checked.’’ If any discrepancy is detected, prior to further included with the steps that are exempt Accordingly, pursuant to the flight, repair the discrepant component, or from the requirement to accomplish the authority delegated to me by the replace it with a new or serviceable inspection in NOTE 3 of this final rule. Administrator, the Federal Aviation component. And This change is for clarification purposes Administration amends part 39 of the (2) Perform a one-time electrical bonding only and does not affect the actual Federal Aviation Regulations (14 CFR test of the center fuel tank components. If any implementation of the requirements of part 39) as follows: measured resistance exceeds the limits that AD. specified by the service bulletin, prior to PART 39ÐAIRWORTHINESS further flight, rework the discrepant Clarification of Affected Airplanes for DIRECTIVES component. Paragraph (c) Note 2: Actions performed in accordance 1. The authority citation for part 39 Operators should note that paragraph with Boeing Service Bulletin 747–28–2205, continues to read as follows: (c) of AD 99–08–02 identifies certain dated June 27, 1997, accomplished prior to Authority: 49 U.S.C. 106(g), 40113, 44701. the effective date of this AD, are considered airplanes by their line ‘‘positions.’’ In acceptable for compliance only with the the context of the service information § 39.13 [Amended] corresponding applicable actions specified in cited for paragraph (c), the term ‘‘line 2. Section 39.13 is amended by this AD. This excludes certain actions that positions’’ refers to airplane line are not described in that bulletin, such as numbers, rather than manufacturer’s removing amendment 39–11106 (64 FR inspection and testing of the body fuel tank tracking numbers for production 16625, April 4, 1999), and by adding a components that are described in Revision 1 airplanes. To clarify the identity of the new airworthiness directive (AD), of Boeing Service Bulletin 747–28–2205. affected airplanes, paragraph (c) of this amendment 39–11215, to read as Regardless of which version of the service AD identifies those airplanes by line follows: bulletin is used to detect any discrepancies, the repair and replacement requirements of 99–08–02 R1 Boeing: Amendment 39– ‘‘numbers.’’ this AD apply. 11215. Docket 99–NM–112–AD. Revises Note 3: Airplanes required to accomplish Clarification of the Applicability of the AD 99–08–02, Amendment 39–11106. AD paragraph (b) of this AD are exempt from Applicability: Model 747 series airplanes accomplishing steps 1 through 9 in Figure 11 Although the Summary page of having line numbers 1 through 1124 of Boeing Service Bulletin 747–28–2205, Boeing Service Bulletin 747–28A2208, inclusive, certificated in any category. Revision 1, dated April 16, 1998. dated May 14, 1998, does not have the Note 1: This AD applies to each airplane FQIS Testing and Probe Replacement Boeing Model 747–SR listed in the identified in the preceding applicability Effectivity section, the Effectivity listing provision, regardless of whether it has been (b) For those airplanes listed in Boeing in the text of that service bulletin does modified, altered, or repaired in the area Alert Service Bulletin 747–28A2208, dated subject to the requirements of this AD. For May 14, 1998: Within 24 months after the list the appropriate applicable airplane airplanes that have been modified, altered, or effective date of this AD, perform a one-time identification numbers, which include repaired so that the performance of the insulation resistance test of the fuel quantity Boeing Model 747–100, –200, –300, SP, requirements of this AD is affected, the indication system (FQIS), a one-time visual and SR series airplanes. No change to owner/operator must request approval for an inspection of the FQIS wiring and this AD is necessary because paragraph alternative method of compliance in components to detect discrepancies (chafing
VerDate 18-JUN-99 10:00 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\A07JY0.012 pfrm03 PsN: 07JYR1 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Rules and Regulations 36565 damage to the wiring and incorrect Alert Service Bulletin 747–28A2208, dated FR 19312). The proposal was necessary configuration of the terminal blocks), May 14, 1998; and Boeing Alert Service due to the establishment of three SIAP replacement of FQIS probes (tank units and Bulletin 747–28A2210, dated May 14, 1998. to RWY 02, 11, and 29 at Yakutat, AK. compensators) with new or serviceable This incorporation by reference was Interested parties were invited to components in accordance with Figure 5 of approved previously by the Director of the participate in this rulemaking the alert service bulletin, and system Federal Register as of May 11, 1999 (64 FR adjustment and system operational test; in 16625, April 6, 1999). Copies may be proceeding by submitting written accordance with the alert service bulletin. obtained from Boeing Commercial Airplane comments on the proposal to the FAA. For the purposes of this AD, a visual Group, P.O. Box 3707, Seattle, Washington No public comments to the proposal inspection is considered to be a general 98124–2207. Copies may be inspected at the were received, thus the rule is adopted visual inspection, which is defined as: ‘‘A FAA, Transport Airplane Directorate, 1601 as written. visual examination of an interior or exterior Lind Avenue, SW., Renton, Washington; or at The area will be depicted on area, installation or assembly to detect the Office of the Federal Register, 800 North aeronautical charts for pilot reference. obvious damage, failure or irregularity. This Capitol Street, NW., suite 700, Washington, The coordinates for this airspace docket level of inspection is made under normally DC. available lighting conditions such as are based on North American Datum 83. (g) The effective date of this amendment The Class E airspace areas designated as daylight, hangar lighting, flashlight, or drop- remains May 11, 1999. light and may require removal or opening of airport surface areas are published in Issued in Renton, Washington, on June 29, paragraph 6002 and the Class E airspace access panels or doors. Stands, ladders, or 1999. platforms, may be required to gain proximity areas designated as 700/1200 foot to the area being checked.’’ If any D.L. Riggin, transition areas are published in discrepancy is detected, prior to further Acting Manager, Transport Airplane paragraph 6005 of FAA Order 7400.9F, flight, perform corrective actions in Directorate, Aircraft Certification Service. Airspace Designations and Reporting accordance with the alert service bulletin. [FR Doc. 99–17062 Filed 7–6–99; 8:45 am] Points, dated September 10, 1998, and Note 4: For airplanes on which steps 1 BILLING CODE 4910±13±U effective September 16, 1998, which is through 9 in Figure 11 of Boeing Service incorporated by reference in 14 CFR Bulletin 747–28–2205, dated June 27, 1997, 71.1 (63 FR 50139; September 21, 1998). or Revision 1, dated April 16, 1998, were DEPARTMENT OF TRANSPORTATION accomplished prior to the effective date of The Class E airspace designations listed this AD, steps 1 through 6 in Figure 16 of Federal Aviation Administration in this document will be revised and Boeing Alert Service Bulletin 747–28A2208, published subsequently in the Order. dated May 14, 1998, are not required. 14 CFR Part 71 The Rule Flame Arrestor Installation [Airspace Docket No. 99±AAL±2] This amendment to 14 CFR part 71 (c) For airplanes having line numbers 1 revises the Class E airspace at Yakutat, through 971 inclusive: Within 24 months Revision of Class E Airspace; Yakutat, AK, through the establishment of three after the effective date of this AD, install a AK VOR instrument approaches to RWY 02, flame arrestor in the inlet line of the electrical motor-operated scavenge pump of AGENCY: Federal Aviation 11, and 29. The area will be depicted on the center fuel tank, in accordance with Administration (FAA), DOT. aeronautical charts for pilot reference. Boeing Alert Service Bulletin 747–28A2210, ACTION: Final Rule. The intended effect of this action is to dated May 14, 1998. provide adequate controlled airspace for IFR operations at Yakutat, AK. Alternative Methods of Compliance SUMMARY: This action revises Class E airspace at Yakutat, AK. The The FAA has determined that these (d)(1) An alternative method of compliance establishment of three Standard regulations only involve an established or adjustment of the compliance time that Instrument Approach Procedures (SIAP) body of technical regulations for which provides an acceptable level of safety may be frequent and routine amendments are used if approved by the Manager, Seattle to runway (RWY) 02, RWY 11, and RWY Aircraft Certification Office, FAA, Transport 29 at Yakutat, AK, made this action necessary to keep them operationally Airplane Directorate. Operators shall submit necessary. The intended effect of this current. It, therefore —(1) is not a their requests through an appropriate FAA action is to provide adequate controlled ‘‘significant regulatory action’’ under Principal Maintenance Inspector, who may airspace for Instrument Flight Rules Executive Order 12866; (2) is not a add comments and then send it to the (IFR) operations at Yakutat, AK. ‘‘significant rule’’ under DOT Manager, Seattle ACO. Regulatory Policies and Procedures (44 (d)(2) Alternative methods of compliance, EFFECTIVE DATES: 0901 UTC, September 9, 1999. FR 11034; February 26, 1979); and (3) approved previously in accordance with AD does not warrant preparation of a 99–08–02, amendment 39–11106, are FOR FURTHER INFORMATION CONTACT: regulatory evaluation as the anticipated approved as alternative methods of Robert van Haastert, Operations Branch, compliance with paragraph (a) of this AD. impact is so minimal. Since this is a AAL–538, Federal Aviation routine matter that will only affect air Note 5: Information concerning the Administration, 222 West 7th Avenue, existence of approved alternative methods of traffic procedures and air navigation, it Box 14, Anchorage, AK 99513–7587; is certified that this rule will not have compliance with this AD, if any, may be telephone number (907) 271–5863; fax: obtained from the Seattle ACO. a significant economic impact on a (907) 271–2850; email: Robert.ctr.van- substantial number of small entities Special Flight Permits [email protected]. Internet address: under the criteria of the Regulatory (e) Special flight permits may be issued in http://www.alaska.faa.gov/at or at Flexibility Act. accordance with §§ 21.197 and 21.199 of the address http://162.58.28.41/at. Federal Aviation Regulations (14 CFR 21.197 SUPPLEMENTARY INFORMATION: List of Subjects in 14 CFR Part 71 and 21.199) to operate the airplane to a Airspace, Incorporation by reference, location where the requirements of this AD History Navigation (air). can be accomplished. On April 20, 1999, a proposal to Incorporation by Reference amend part 71 of the Federal Aviation Adoption of the Amendment (f) The actions shall be done in accordance Regulations (14 CFR part 71) to revise In consideration of the foregoing, the with Boeing Service Bulletin 747–28–2205, the Class E airspace at Yakutat, AK, was Federal Aviation Administration Revision 1, dated April 16, 1998; Boeing published in the Federal Register (64 amends 14 CFR part 71 as follows:
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PART 71Ð DESIGNATION OF CLASS VORTAC 298° radial 25 DME to the were received, thus the rule is adopted A, CLASS B, CLASS C, CLASS D, AND point of beginning, and within 5.6 miles as written. ° CLASS E AIRSPACE AREAS; each side of the Yakutat VORTAC 118 The area will be depicted on AIRWAYS; ROUTES; AND REPORTING radial to 65 miles southeast of the aeronautical charts for pilot reference. VORTAC excluding Control 1487L and POINTS the Gulf of Alaska Low Class E airspace The coordinates for this airspace docket areas. are based on North American Datum 83. 1. The authority citation for 14 CFR The Class E airspace areas designated as * * * * * part 71 continues to read as follows: 700/1200 foot transition areas are Authority: 49 U.S.C. 106(g), 40103, 40113, Issued in Anchorage, AK, on June 28, 1999. published in paragraph 6005 of FAA 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Willis C. Nelson, Order 7400.9F, Airspace Designations 1963 Comp., p. 389. Manager, Air Traffic Division, Alaskan and Reporting Points, dated September § 71.1 [Amended] Region. 10, 1998, and effective September 16, 2. The incorporation by reference in [FR Doc. 99–17167 Filed 7–6–99; 8:45 am] 1998, which is incorporated by 14 CFR 71.1 of Federal Aviation BILLING CODE 4910±13±P reference in 14 CFR 71.1 (63 FR 50139; Administration Order 7400.9F, Airspace September 21, 1998). The Class E Designations and Reporting Points, airspace designations listed in this dated September 10, 1998, and effective DEPARTMENT OF TRANSPORTATION document will be revised and published subsequently in the Order. September 16, 1998, is amended as Federal Aviation Administration follows: The Rule 14 CFR Part 71 Paragraph 6002 Class E airspace areas This amendment to 14 CFR part 71 designated as a surface area for an airport. [Airspace Docket No. 99±AAL±3] revises the Class E airspace at Atqasuk, * * * * * AK, through the establishment of two AAL AK E2 Yakutat, AK [Revised] Revision of Class E Airspace; Atqasuk, VOR instrument approaches to RWY 06 That airspace extending upward from the AK and RWY 24. The area will be depicted surface within the area bounded by on aeronautical charts for pilot ° ′ ′′ ° ′ ′′ AGENCY: Federal Aviation reference. The intended effect of this Lat. 59 41 01 N., long. 139 46 55 W. Administration (FAA), DOT. to rule is to provide adequate controlled Lat. 59° 31′ 00′′ N., long. 139° 29′ 21′′ W. ACTION: Final rule. airspace for IFR operations at Atqasuk, to AK. Lat. 59° 24′ 35′′ N., long. 139° 27′ 13′′ W. SUMMARY: This action revises Class E The FAA has determined that these to airspace at Atqasuk, AK. The regulations only involve an established ° ′ ′′ ° ′ ′′ Lat. 59 20 14 N., long. 139 36 38 W. establishment of two Standard body of technical regulations for which to Instrument Approach Procedures (SIAP) frequent and routine amendments are Lat. 59° 34′ 20′′ N., long. 140° 01′ 32′′ W. to runway (RWY) 06 and RWY 24 at to the point of beginning. necessary to keep them operationally Atqasuk, AK, have made this action current. It, therefore —(1) is not a * * * * * necessary. The intended effect of this ‘‘significant regulatory action’’ under Paragraph 6005 Class E airspace areas action is to provide adequate controlled Executive Order 12866; (2) is not a extending upward from 700 feet or more airspace for Instrument Flight Rules ‘‘significant rule’’ under DOT above the surface of the earth. (IFR) operations at Atqasuk, AK. Regulatory Policies and Procedures (44 * * * * * EFFECTIVE DATE: 0901 UTC, September 9, FR 11034; February 26, 1979); and (3) AAL AK E5 Yakutat, AK [Revised] 1999. does not warrant preparation of a FOR FURTHER INFORMATION CONTACT: regulatory evaluation as the anticipated Yakutat VORTAC impact is so minimal. Since this is a (Lat. 59° 30′ 39′′ N., long. 139° 38′ 53′′ W.) Robert van Haastert, Operations Branch, AAL–538, Federal Aviation routine matter that will only affect air That airspace extending upward from 700 traffic procedures and air navigation, it feet above the surface within the area Administration, 222 West 7th Avenue, bounded by Box 14, Anchorage, AK 99513–7587; is certified that this rule will not have a significant economic impact on a Lat. 59° 47′ 42′′ N., long. 139° 58′ 48′′ W. telephone number (907) 271–5863; fax: to (907) 271–2850; email: Robert.ctr.van- substantial number of small entities Lat. 59° 37′ 33′′ N., long. 139° 40′ 53′′ W. [email protected]. Internet address: under the criteria of the Regulatory then along the 7-mile radius of the http://www.alaska.faa.gov/at or at Flexibility Act. Yakutat VORTAC clockwise to address http://162.58.28.41/at. ° ′ ′′ ° ′ ′′ List of Subjects in 14 CFR Part 71 Lat. 59 28 54 N., long. 139 25 35 W. SUPPLEMENTARY INFORMATION: to Airspace, Incorporation by reference, Lat. 59° 20′ 16′′ N., long. 139° 10′ 20′′ W. History Navigation (air). to Lat. 59° 02′ 49′′ N., long. 139° 47′ 45′′ W. On April 20, 1999, a proposal to Adoption of the Amendment amend part 71 of the Federal Aviation to In consideration of the foregoing, the Lat. 59° 30′ 15′′ N., long. 140° 36′ 43′′ W. Regulations (14 CFR part 71) to revise to the point of beginning; and that the Class E airspace at Atqasuk, AK, was Federal Aviation Administration airspace extending upward from 1,200 published in the Federal Register (64 amends 14 CFR part 71 as follows: feet above the surface within the area FR 19313). The proposal was necessary bounded by lat. 59° 53′ 20′′ N., long. 139° PART 71Ð DESIGNATION OF CLASS ′ ′′ ° due to the establishment of SIAPs to A, CLASS B, CLASS C, CLASS D, AND 58 13 W. to Yakutat VORTAC 118 RWY 06 and RWY 24 at Atqasuk, AK. radial 23 DME then along the Yakutat CLASS E AIRSPACE AREAS; VORTAC 118° radial to 41 DME then Interested parties were invited to AIRWAYS; ROUTES; AND REPORTING clockwise along the 41 mile radius of the participate in this rulemaking POINTS Yakutat VORTAC to the Yakutat proceeding by submitting written VORTAC 298° radial then southeast comments on the proposal to the FAA. 1. The authority citation for 14 CFR along the 298° radial to the Yakutat No public comments to the proposal part 71 continues to read as follows:
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Authority: 49 U.S.C. 106(g), 40103, 40113, Administration, 222 West 7th Avenue, The Rule 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Box 14, Anchorage, AK 99513–7587; 1963 Comp., p. 389. This amendment to 14 CFR part 71 telephone number (907) 271–5863; fax: revises the Class E airspace at Adak, AK, § 71.1 [Amended] (907) 271–2850; email: Robert.ctr.van- due to the following: (1) the NAF Adak [email protected]. Internet address: 2. The incorporation by reference in ceased active military airfield http://www.alaska.faa.gov/at or at 14 CFR 71.1 of Federal Aviation operations; (2) the military tower closed address http://162.58.28.41/at. Administration Order 7400.9F, Airspace and the airfield converted to an Designations and Reporting Points, SUPPLEMENTARY INFORMATION: uncontrolled airport; (3) the airspace dated September 10, 1998, and effective around Adak, AK, has been modified to History September 16, 1998, is amended as reflect remaining navigational aids and follows: On April 20, 1999 a proposal to new requirements; (4) the Adak military amend part 71 of the Federal Aviation NDB and military TACAN will be Paragraph 6005 Class E airspace areas decommissioned; (5) a new FAA NDB/ extending upward from 700 feet or more Regulations (14 CFR part 71) to revise above the surface of the earth. the Class E airspace at Adak, AK, was DME (Mount Moffett NDB/DME) will be commissioned; and (6) two new * * * * * published in the Federal Register (64 FR 19314). The proposal was necessary instrument approach procedures, NDB/ AAL AK E5 Atqasuk, AK [Revised] due to the following: (1) the Naval Air DME and GPS, have been developed for Atqasuk Airport Facility (NAF) Adak ceased active RWY 23. ° ′ ′′ ° ′ ′′ (Lat. 70 28 02 N., long. 157 26 09 W.) military airfield operations on March The FAA has determined that these That airspace extending upward from 700 31, 1997; (2) the military tower closed regulations only involve an established feet above the surface within a 7 mile radius and the airfield converted to an body of technical regulations for which of the Atqasuk Airport. uncontrolled airport; (3) the airspace frequent and routine amendments are * * * * * around Adak, AK, has been modified to necessary to keep them operationally Issued in Anchorage, AK, on June 28, 1999. reflect remaining navigational aids and current. It, therefore—(1) is not a Willis C. Nelson, new requirements; (4) the Adak military ‘‘significant regulatory action’’ under Manager, Air Traffic Division, Alaskan NDB and military Tactical Air Executive Order 12866; (2) is not a Region. Navigational Aid (TACAN) will be ‘‘significant rule’’ under DOT [FR Doc. 99–17168 Filed 7–6–99; 8:45 am] decommissioned; (5) a new FAA NDB/ Regulatory Policies and Procedures (44 BILLING CODE 4910±13±P DME (Mount Moffett NDB/DME) will be FR 11034; February 26, 1979); and (3) commissioned; and (6) two new does not warrant preparation of a instrument approach procedures, NDB/ regulatory evaluation as the anticipated DEPARTMENT OF TRANSPORTATION DME and GPS, have been developed for impact is so minimal. Since this is a runway (RWY) 23. routine matter that will only affect air Federal Aviation Administration traffic procedures and air navigation, it Interested parties were invited to is certified that this rule will not have 14 CFR Part 71 participate in this rulemaking a significant economic impact on a proceeding by submitting written [Airspace Docket No. 98±AAL±9] substantial number of small entities comments on the proposal to the FAA. under the criteria of the Regulatory Revision of Class E Airspace; Adak, No public comments to the proposal Flexibility Act. AK were received, thus the rule is adopted as written. List of Subjects in 14 CFR Part 71 AGENCY: Federal Aviation The area will be depicted on Airspace, Incorporation by reference, Administration (FAA), DOT. aeronautical charts for pilot reference. Navigation (air). ACTION: Final rule. The coordinates for this airspace docket Adoption of the Amendment are based on North American Datum 83. SUMMARY: This action revises the Class The Class E airspace areas designated as In consideration of the foregoing, the E airspace at Adak, AK. The upcoming a surface area for an airport are Federal Aviation Administration decommission of the military published in paragraph 6002 in FAA amends 14 CFR part 71 as follows: Nondirectional Beacon (NDB) and Order 7400.9F, Airspace Designations commission of the new NDB/Distance and Reporting Points, dated September PART 71Ð DESIGNATION OF CLASS Measuring Equipment (DME), along 10, 1998, and effective September 16, A, CLASS B, CLASS C, CLASS D, AND with the establishment of Global 1998, which is incorporated by CLASS E AIRSPACE AREAS; Positioning System (GPS) and NDB/ reference in 14 CFR 71.1 (63 FR 50139; AIRWAYS; ROUTES; AND REPORTING DME instrument approaches at Adak, September 21, 1998). The Class E POINTS AK, have made this action necessary. airspace areas designated as an 1. The authority citation for 14 CFR Additionally, the Class E airspace extension to a Class D or Class E surface part 71 continues to read as follows: descriptions at Adak, AK, have been area are published in FAA Order Authority: 49 U.S.C. 106(g), 40103, 40113, consolidated into one description. The 7400.9F, paragraph 6004, and paragraph intended effect of this action is to 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 6005 lists the Class E airspace areas 1963 Comp., p. 389. update the airspace descriptions and designated as an 700/1200 foot provide adequate controlled airspace for transition area. The Class E airspace § 71.1 [Amended] Instrument Flight Rules (IFR) operations listed in this document as a surface area 2. The incorporation by reference in at Adak, AK. or extension to a surface area will be 14 CFR 71.1 of Federal Aviation EFFECTIVE DATE: 0901 UTC, September 9, revoked and removed in the Order. The Administration Order 7400.9F, Airspace 1999. Class E airspace designations listed in Designations and Reporting Points, FOR FURTHER INFORMATION CONTACT: this document as 700/1200 foot dated September 10, 1998, and effective Robert van Haastert, Operations Branch, transition areas will be revised and September 16, 1998, is amended as AAL–538, Federal Aviation published in the Order. follows:
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Paragraph 6002 Class E airspace areas EFFECTIVE DATES: 0901 UTC, September FR 11034; February 26, 1979); and (3) designated as surface areas for an airport 9, 1999. does not warrant preparation of a * * * * * FOR FURTHER INFORMATION CONTACT: regulatory evaluation as the anticipated AAL AK E2 Adak, AK [Revoked] Robert Durand, Operations Branch, impact is so minimal. Since this is a routine matter that will only affect air * * * * * AAL–531, Federal Aviation Administration, 222 West 7th Avenue, traffic procedures and air navigation, it Paragraph 6004 Class E airspace areas Box 14, Anchorage, AK 99513–7587; is certified that this rule will not have designated as an extension to a Class D or telephone number (907) 271–5898; fax: a significant economic impact on a Class E surface area. (907) 271–2850; email: substantial number of small entities * * * * * [email protected]. Internet address: under the criteria of the Regulatory AAL AK E4 Adak, AK [Revoked] http://www.alaska.faa.gov/at or at Flexibility Act. * * * * * address http://162.58.28.41/at. List of Subjects in 14 CFR Part 71 SUPPLEMENTARY INFORMATION: Paragraph 6005 Class E airspace extending Airspace, Incorporation by reference, upward from 700 feet or more above the History Navigation (air). surface of the earth. On April 20, 1999, a proposal to The Proposed Amendment * * * * * amend part 71 of the Federal Aviation In consideration of the foregoing, the AAL AK E5 Adak, AK [Revised] Regulations (14 CFR part 71) to establish Federal Aviation Administration Adak Airport, AK Class E airspace at Palmer, AK, was amends 14 CFR part 71 as follows: (Lat. 51° 52′ 41′′ N., long. 176° 38′ 45′′ W.) published in the Federal Register (64 Mount Moffett NDB FR 19316). The proposal was necessary PART 71ÐDESIGNATION OF CLASS A, (Lat. 51° 52′ 19′′ N., long. 176° 40′ 34′′ W.) due to the establishment of a GPS CLASS B, CLASS C, CLASS D, AND That airspace extending upward from 700 instrument approach at Palmer, AK. CLASS E AIRSPACE AREAS; feet above the surface within a 7-mile radius Interested parties were invited to AIRWAYS; ROUTES; AND REPORTING of Adak Airport and within 5.2 miles ° participate in this rulemaking POINTS northwest and 4.2 miles southeast of the 061 proceeding by submitting written bearing of the Mount Moffett NDB extending comments on the proposal to the FAA. 1. The authority citation for 14 CFR from the 7-mile radius to 11.5 miles northeast part 71 continues to read as follows: of the Adak Airport; and that airspace No public comments to the proposal extending upward from 1,200 feet above the were received, thus the rule is adopted Authority: 49 U.S.C. 106(g), 40103, 40113, surface within 11-mile radius of the Adak as written. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Airport, and within 16 miles of the Adak The area will be depicted on 1963 Comp., p. 389. Airport extending clockwise from the 033° aeronautical charts for pilot reference. § 71.1 [Amended] bearing to the 081° bearing of the Mount The coordinates for this airspace docket 2. The incorporation by reference in Moffett NDB. are based on North American Datum 83. 14 CFR 71.1 of Federal Aviation * * * * * The Class E airspace areas designated as Administration Order 7400.9F, Airspace Issued in Anchorage, AK, on June 28, 1999. 700/1200 foot transition areas are Designations and Reporting Points, Willis C. Nelson, published in paragraph 6005 in FAA dated September 10, 1998, and effective Manager, Air Traffic Division, Alaskan Order 7400.9F, Airspace Designations September 16, 1998, is amended as Region. and Reporting Points, dated September follows: [FR Doc. 99–17169 Filed 7–6–99; 8:45 am] 10, 1998, and effective September 16, BILLING CODE 4910±13±P 1998, which is incorporated by Paragraph 6005 Class E airspace extending reference in 14 CFR 71.1 (63 FR 50139; upward from 700 feet or more above the September 21, 1998). The Class E surface of the earth. DEPARTMENT OF TRANSPORTATION airspace listed in this document will be * * * * * published in the Order. Federal Aviation Administration AAL AK E5 Palmer, AK [New] The Rule Palmer Municipal Airport, AK 14 CFR Part 71 (Lat. 61°35′41′′ N., long. 149°05′20′′ W.) This amendment to 14 CFR part 71 [Airspace Docket No. 99±AAL±5] establishes Class E airspace at Palmer, That airspace extending upward from 700 feet above the surface within a 6.5-mile AK, through the establishment of a GPS radius of Palmer Municipal Airport. Establishment of Class E Airspace; instrument approach. The Palmer Palmer, AK Municipal Airport status will change * * * * * Issued in Anchorage, AK, on June 28, 1999. from VFR to IFR. The area will be AGENCY: Federal Aviation Willis C. Nelson, Administration (FAA), DOT. depicted on aeronautical charts for pilot Manager, Air Traffic Division, Alaskan ACTION: Final rule. reference. The intended effect of this rule is to provide adequate controlled Region. SUMMARY: This action establishes Class airspace for IFR operations at Palmer, [FR Doc. 99–17170 Filed 7–6–99; 8:45 am] E airspace at Palmer, AK. The AK. BILLING CODE 4910±13±P establishment of a Global Positioning The FAA has determined that these System (GPS) instrument approach at regulations only involve an established the Palmer Municipal Airport made this body of technical regulations for which COMMODITY FUTURES TRADING action necessary. The Palmer Municipal frequent and routine amendments are COMMISSION Airport status changes from Visual necessary to keep them operationally Flight Rules (VFR) to Instrument Flight current. It, therefore —(1) not a 17 CFR Part 1 Rules (IFR). Adoption of this proposal ‘‘significant regulatory action’’ under Recordkeeping will provide adequate controlled Executive Order 12866; (2) is not a airspace for Instrument Flight Rules ‘‘significant rule’’ under DOT AGENCY: Commodity Futures Trading (IFR) operations at Palmer, AK. Regulatory Policies and Procedures (44 Commission.
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ACTION: Final rule. DEPARTMENT OF THE TREASURY internal revenue taxes by credit card or debit card, and the credit card or debit SUMMARY: On May 27, 1999, the Internal Revenue Service card transaction has been guaranteed Commodity Futures Trading expressly by a financial institution, and 26 CFR Part 301 Commission (‘‘Commission’’) published the United States is not duly paid, the a rule in the Federal Register (64 FR [TD 8793] United States shall have a lien for the 28735) announcing final amendments to guaranteed amount of the transaction RIN 1545±AW38 the recordkeeping obligations imposed upon all the assets of the institution making such guarantee. * ** in Regulation 1.31. The Commission’s Payment by Credit Card and Debit rule provided that all the amendments Card; Correction * * * * * would become effective on June 28, Cynthia E. Grigsby, 1999. Recently the Commission learned AGENCY: Internal Revenue Service (IRS), Chief, Regulations Unit, Assistant Chief that recordkeepers using only electronic Treasury. Counsel (Corporate). storage media may need additional time ACTION: Correcting amendment. [FR Doc. 99–17063 Filed 7–6–99; 8:45 am] to finalize arrangements with third party BILLING CODE 4830±01±U SUMMARY: This document contains a technical consultants necessary to meet correction to temporary regulations that the new condition imposed in section were published in the Federal Register (b)(4) of amended Regulation 1.31.1 In DEPARTMENT OF TRANSPORTATION on Tuesday, December 15, 1998 (63 FR order to avoid undue hardship for these 68995) relating to the payment of taxes Coast Guard recordkeepers, and in view of the by credit card and debit card. alternative safeguards protecting the DATES: This correction is effective 33 CFR Part 117 Commission’s right to timely access to January 1, 1999. required records stored electronically, [CGD05±99±034] FOR FURTHER INFORMATION CONTACT: the Commission has decided to extend Drawbridge Operation Regulations; the effective date of § 1.31(b)(4)’s Mitchel S. Hyman, (202) 622–3620 (not a toll-free number). Mullica River, New Jersey requirements until September 27, 1999. SUPPLEMENTARY INFORMATION: AGENCY: Coast Guard, DOT. DATES: Effective July 7, 1999, 17 CFR 1.31(b)(4) is stayed until September 27, Background ACTION: Notice of temporary deviation from regulations; request for comments. 1999. The temporary regulations that are FOR FURTHER INFORMATION CONTACT: subject to this correction are under SUMMARY: The Commander, Fifth Coast Edson G. Case, Counsel, or Laurie section 6311 of the Internal Revenue Guard District has issued a temporary Plessala Duperier, Special Counsel, Code. deviation from the regulations governing the operation of the Green Division of Trading and Markets, Need for Correction Commodity Futures Trading Bank drawbridge across Mullica River, As published, the temporary Mile 18.0, at Atlantic County and Commission, Three Lafayette Centre, regulations (TD 8793) contain an error Burlington County, New Jersey. 1155 21st Street, NW, Washington, DC that may prove to be misleading and are Beginning at 6 a.m. August 15, 1999, 20581. Telephone (202) 418–5430. in need of clarification. and continuing until 6 p.m. November Under the authority of 7 U.S.C. 12a(5), List of Subjects in 26 CFR Part 301 13, 1999, the bridge will only open for 17 CFR 1.31(b)(4) is stayed until the passage of recreational and September 27, 1999. Employment taxes, Estate taxes, commercial vessels on the hour and half Excise taxes, Gift taxes, Income taxes, hour. This temporary deviation is Issued in Washington, D.C. on June 30, Penalties, Reporting and recordkeeping needed to test the effects of such a 1999 by the Commission. requirements. schedule on navigation and vehicular Jean A. Webb, Correction of Publication traffic transiting over and under the Secretary of the Commission. bridge. Accordingly, 26 CFR Part 301 is [FR Doc. 99–17004 Filed 7–6–99; 8:45 am] DATES: This deviation is effective from corrected by making the following BILLING CODE 6351±01±M 6 a.m. August 15, 1999, until 6 p.m. correcting amendment: November 13, 1999. Comments must be PART 301ÐPROCEDURE AND received by December 13, 1999. ADMINISTRATION ADDRESSES: Comments should be mailed to Commander (Aowb), Fifth Paragraph 1. The authority citation Coast Guard District, Federal Building, for part 301 continues to read in part as 4th Floor, 431 Crawford Street, follows: Portsmouth, Virginia 23704–5004, or 1 Section (b)(4) of the amended regulation Authority: 26 U.S.C. 7805 * * * may be hand delivered to the same requires recordkeepers who use only electronic address between 8 a.m. and 4 p.m., storage media to preserve some or all of their Par. 2. Section 301.6311–2T (c) (2) is Monday through Friday, except Federal required records to enter into an arrangement with amended by revising the first sentence holidays. Comments will become a part a third party technical consultant. This arrangement to read as follows: must provide that the technical consultant will of this docket and will be available for have access to and the ability to download § 301.6311±2T Payment by credit card and inspection and copying at the above information from the recordkeeper’s electronic debit card (temporary). address. storage media to a medium acceptable under FOR FURTHER INFORMATION CONTACT: Ann amended Regulation 1.31. The technical consultant * * * * * must also file an undertaking to provide the (c) * * * B. Deaton, Bridge Administrator, Fifth Commission with access to the recordkeeper’s (2) Liability of financial institutions. If Coast Guard District, at 757–398–6222. required records under specified conditions. a taxpayer has tendered a payment of SUPPLEMENTARY INFORMATION:
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Request for Comments as possible during periods when four- ADDRESSES: Unless otherwise indicated, The Coast Guard encourages hour notice is required for vessels in documents referred to in this notice are distress, public vessels of the United interested parties to comment on this available for inspection or copying at States, and state and local vessels used temporary deviation. You may submit the office of the Eighth Coast Guard for public safety purposes. written data, views, or arguments District, Bridge Administration Branch, Following the temporary deviation, relating this schedule during the test Hale Boggs Federal Building, room the Coast Guard will review drawbridge period. Persons submitting comments 1313, 501 Magazine Street, New logs and vehicular traffic counts to should include their names and Orleans, Louisiana 70130–3396 between determination how the opening addresses, identify this temporary 7 a.m. and 4 p.m., Monday through schedule met the needs of navigation deviation (CGD05–99–034) and the Friday, except Federal holidays. The and vehicular traffic. particular part of this deviation to Bridge Administration Branch of the Beginning August 15, 1999, and which each comment applies, and the continuing until November 13, 1999, Eighth Coast Guard District maintains reason for each comment. The Coast this deviation requires the bridge to the public docket for this temporary Guard requests that all comments and open for recreational and commercial deviation. attachments be submitted in an vessels on the hour and half hour, 24 unbound format suitable for copying FOR FURTHER INFORMATION CONTACT: Phil hours a day. The four hour minimum Johnson, Bridge Administration Branch, and electronic filing. Persons wanting notification period for vessels seeking to acknowledgment of receipt of comments at the address given above, telephone transit between the hours of 11 p.m. and (504) 589–2965. should enclose a stamped self-addressed 7 a.m. remains in effect during the postcard or envelope. deviation period. SUPPLEMENTARY INFORMATION: The Coast Guard will consider all comments received during the comment Dated: June 24, 1999. The Florida Avenue bascule span period. The Coast Guard plans no public Thomas E. Bernard, drawbridge across the Inner Harbor hearing. You may request a public Captain, Coast Guard, Fifth Coast Guard Navigation Canal, mile 1.7, in New hearing by writing to the Commander, District, Acting District Commander. Orleans, Louisiana has a vertical Fifth Coast Guard District, at the address [FR Doc. 99–17188 Filed 7–6–99; 8:45 am] clearance of one foot above mean high under ADDRESSES. The request should BILLING CODE 4910±15±M water in the closed-to-navigation include reasons why a hearing would be position and unlimited in the open-to- helpful. If the Coast Guard decides to navigation position. Navigation on the hold a public hearing, we will announce DEPARTMENT OF TRANSPORTATION waterway consists of tugs with tows, the hearing in a separate notice in the Coast Guard small ships, fishing vessels, sailing Federal Register. vessels and other recreational craft. The The drawbridge across Mullica River 33 CFR Part 117 Board of Commissioners of the Port of is owned and operated by Atlantic New Orleans requested a temporary County, New Jersey. On September 3, [CGD08±99±011] deviation for the operation of the 1998, the Coast Guard received a letter Drawbridge Operation Regulation; drawbridge to accommodate from Atlantic County requesting a Inner Harbor Navigation Canal, LA maintenance work, involving removing temporary deviation from the normal portions of the existing damaged fender operation of the bridge. They wanted to AGENCY: Coast Guard, DOT. system, driving new pilings and test a proposed change to the current ACTION: Notice of deviation from replacing the timbers. This work is regulations for the Green Bank regulations. essential for continued safe transit of Drawbridge by changing the opening vessels through the bridge. schedule to openings on the hour and SUMMARY: The Commander, Eighth half hour for recreational and Coast Guard District has issued a The District Commander has, commercial vessels. The current temporary deviation from the regulation therefore, issued a deviation from the regulation at Title 33, Code of Federal governing the operation of the Florida regulations in 33 CFR 117.5 authorizing Regulations Section 117.731a(b), Avenue bascule span drawbridge across the draw of the Florida Avenue bascule requires the draw to open on signal, the Inner Harbor Navigational Canal, span drawbridge to remain closed to except from April 1 through November mile 1.7 at New Orleans, Orleans Parish, navigation from 8 a.m. until noon and 30, from 11 p.m. to 7 a.m., and from Louisiana. This deviation allows the from 1 p.m. until 5 p.m. daily from December 1 through March 31, at all draw of the Florida Avenue bascule September 23, 1999 through November times, a four-hour notice is required. span drawbridge to remain closed to 6, 1999. In the event of an approaching The temporary deviation will change navigation daily from 8 a.m. until noon tropical storm or hurricane, the draw the periods of opening on signal to and from 1 p.m. until 5 p.m. from will return to normal operation within openings on the hour and half hour for September 23, 1999 through November 12 hours notice from the Coast Guard. a period of 90 days. The temporary 6, 1999. This temporary deviation will Presently, the draw opens on signal at deviation will not alter sections allow for replacement of the damaged any time. fender system, an extensive but 117.731a (b) and (c), of the Code of Dated: May 7, 1999. Federal Regulations, which states that necessary maintenance operation. the draw need not open unless at least Presently, the draw opens on signal at A.L. Gerfin, Jr., a four-hour notice is given from April 1, all times. Captain, U.S. Coast Guard, Commander, 8th through November 30, 11 p.m. to 7 a.m. DATES: This deviation is effective from Coast Guard Dist., Acting. and December 1 through March 31, at 8 a.m. on September 23, 1999 through [FR Doc. 99–17184 Filed 7–6–99; 8:45 am] all times. The draws shall open as soon 5 p.m. on November 6, 1999. BILLING CODE 4910±15±M
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DEPARTMENT OF TRANSPORTATION contrary to the pubic interest since regulation prevents traffic from immediate action is needed to prevent transiting a portion of western Long Coast Guard traffic from transiting a portion of Island Sound during the event, the western Long Island Sound, and provide effect of this regulation will not be 33 CFR Part 165 for the safety of life on navigable waters. significant, for several reasons: that [CGD01±99±030] And the pubic was notified of this event vessels will be restricted from the areas when the NPRM was published in the for a minimal time, that they may safely RIN 2115±AA97 Local Notice to Mariners on May 19, transit to the east of the zone, and that Safety Zone: Koechlin Wedding 1999. advance notifications will be made to Fireworks, Western Long Island Background and Purpose the local maritime community by the Sound, Rye, NY Local Notice to Mariners and marine- On March 9, 1999, Bay Fireworks information broadcasts. AGENCY: Coast Guard, DOT. submitted on Application for Approval Small Entities ACTION: Temporary final rule. of a Marine Event for a fireworks display on western Long Island Sound. Under the Regulatory Flexibility Act SUMMARY: The Coast Guard is This regulation establishes a temporary (5 U.S.C. 601 et seq.), the Coast Guard establishing a temporary safety zone on safety zone on all waters of western considered whether this rule will have western Long Island Sound for the Long Island Sound within a 360-yards a significant economic impact on Koechlin Wedding Fireworks Display. radius of the fireworks, barge in substantial number of small entities. This action is necessary to provide for approximate position 40°56′33′′N, ‘‘Small Entities’’ include small the safety of life on navigable waters 073°41′25′′W (NAD 1983), about 400 businesses, not-for-profit organizations during the event. This action is yards east of Milton Point, Rye, New that are independently owned and intended to restrict vessel traffic on a York. The zone is in effect from 8:30 operated and are not dominant in their portion of western Long Island Sound. p.m. until 10 p.m. on Saturday July 24, field, and governmental jurisdictions DATES: This rule is effective from 8:30 1999. There is no rain date for this with populations of less than 50,000. p.m. until 10 p.m. on July 24, 1999. event. The zone prevents vessels from For reasons discussed under There is no rain date for this event. transiting a portion of western Long Regulatory Evaluation, above the Coast ADDRESSES: Documents as indicated in Island Sound and is needed to protect Guard certifies under 5 U.S.C. 605(b) this preamble are available for boaters from the hazards associated with that this final rule will not have a inspection or copying at Coast Guard fireworks launched from a barge in the significant economic impact on a Activities New York, 212 Coast Guard area. Marine traffic will still be able to substantial number of small entities. transit to the east of the zone. The Drive, room 205, Staten Island, New Collection of Information York 10305, between 8 a.m. and 3 p.m., Captain of the Port does not anticipate This final rule does not provide for a Monday through Friday, except Federal any negative impact on vessel traffic collection of information under the holidays. The telephone number is (718) due to this event. Public notifications Paperwork Reduction Act of 1995 (44 354–4193. will be made before the event by Local Notice to Mariners and marine U..C. 3501 et seq.). FOR FURTHER INFORMATION CONTACT: information broadcasts. The Coast Lieutenant J. Lopez, Waterways Federalism Guard limited the comment period for Oversight Branch, Coast Guard this NPRM to 30 days because the zone The Coast Guard has analyzed this Activities New York (718) 354–4193. is only for a one-and-a-half-hour-long final rule under the principles and SUPPLEMENTARY INFORMATION: local event and it should have negligible criteria contained in Executive Order 12612 and has determined that this final Regulatory History impact on vessel transits. rule does not have sufficient On May 10, 1999, the Coast Guard Discussion of Comments and Changes implications for federalism to warrant published a notice of proposed The Coast Guard received no letters the preparation of a Federalism rulemaking (NPRM) entitled Safety commenting on the proposed Assessment. Zone: Koechlin Wedding Fireworks, rulemaking. Unfunded Mandates Western Long Island Sound, Rye, New It made no changes to the proposed York, in the Federal Register (64 FR rule. Title II of the Unfunded Mandates 24982). The Coast Guard received no Reform Act of 1995 (UMRA) [Pub. L. letters commenting on the proposed Regulatory Evaluation 104–4, 109 Stat. 48] requires Federal rulemaking. No public hearing was This final rule is not a significant agencies to assess the effects of certain requested, and none was held. regulatory action under section 3(f) of regulatory actions on State, local, and Good cause exists for making this Executive Order 12866 and does not tribal governments, and the private regulation effective less than 30 days require an assessment of potential costs sector. UMRA requires a written after Federal Register publication. and benefits under section 6(a)(3) of that statement of economic and regulatory Because of the date the Application for Order. It has not been reviewed by the alternatives for rules that contain Approval of Marine Event was received, Office of Management and Budget under Federal mandates. A ‘‘Federal mandate’’ there was insufficient time to that Order. It is not significant under the is a new or additional enforceable duty promulgate both a NPRM and a final regulatory policies and procedures of imposed on any State, local, or tribal rule that would be effective at least 30 the Department of Transportation (DOT) government, or the private sector. If any days after it was published. The Coast (44 FR 11040; February 26, 1979). Federal mandate causes those entities to Guard did publish an NPRM with a 30- The Coast Guard expects the spend, in the aggregate, $100 million or day comment period, but this did not economic impact of this final rule to be more in any one year, the UMRA leave sufficient time to publish the final so minimal that a full Regulatory analysis is required. This final rule does rule 30 days before its effective date. Evaluation under paragraph 10e of the not impose Federal mandates on any Any delay encountered in this regulatory policies and procedures of State, local, or tribal, governments, or regulation’s effective date would be DOT is unnecessary. Although this the private sector.
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Environment Dated: June 23, 1999. 1999, NPRM entitled Safety Zone: R.E. Bennis, Hastings-on-Hudson Fireworks, Hudson The Coast Guard considered the Captain, U.S. Coast Guard, Captain of the River, New York (64 FR 24983) (CGD01– environmental impact of this final rule Port, New York. 99–041). 6. May 10, 1999, NPRM and concluded that under figure 2–1, [FR Doc. 99–17189 Filed 7–6–99; 8:45 am] entitled Safety Zone: Glen Cove, New paragraph 34(g), of Commandant BILLING CODE 4910±15±M York Fireworks, Hempstead Harbor, NY Instruction M16475.1C, this final rule is (64 FR 24987) (CGD01–99–042). 7. May categorically excluded from further 10, 1999, final rule entitled Security environmental documentation. A DEPARTMENT OF TRANSPORTATION Zone: Dignitary Arrival/Departure New written Categorical Exclusion York, NY (64 FR 24947) (CGD01–99– Determination is available in the docket Coast Guard 006). 8. May 10, 1999, Final rule for inspection or copying where entitled Safety Zone: Port of New York/ 33 CFR Part 165 indicated under ADDRESSES. New Jersey Fleet Week (64 FR 24945) (CGD01–99–170). List of Subjects in 33 CFR Part 165 [CGD01±99±106] Need for Correction Harbors, Marine safety, Navigation RIN 2115±AA97 As published, the NPRMs and Final (water), Reporting and recordkeeping Technical Amendments to USCG rules contain the incorrect RIN requirements, Security measures, Regulations to Update RIN Numbers: accounting Data. This notice corrects Waterways. Correction the RIN Data for each document to read Regulation ‘‘RIN 2115–AA97’’. AGENCY: Coast Guard, DOT. For the reasons discussed in the ACTION: Final rule; correction. Correction of Publication preamble, the Coast Guard amends 33 Accordingly, the following CFR Part 165 as follows: SUMMARY: This document contains a publications RIN Data are corrected to correction to six Notices of Proposed read ‘‘RIN 2115–AA97’’; PART 165Ð[AMENDED] rulemakings (NPRMs) and two Final 1. December 2, 1998, NPRM entitled rules. This action corrects the RIN Security Zone: Dignitary Arrival/ 1. The authority citation for Part 165 accounting string for each document to Departure New York, NY in the Federal continues to read as follows: read RIN 2115–AA97. Register (63 FR 70707) (CGD01–98– Authority: 33 U.S.C. 1231; 50 U.S.C. 191; DATES: This correction notice is effective 006). 33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; 49 July 7, 1999. 2. February 24, 1999, NPRM entitled CFR 1.46. Section 165.100 is also issued ADDRESSES: Documents as indicated in Safety Zone: Port of New York/New under authority of Sec. 311, Pub. L. 105–383. this preamble are available for Jersey Fleet Week (64 FR 9107) (CGD01– inspection or copying at the Waterways 98–170). 2. Add temporary § 165.T01–030 to Oversight Branch of Coast Guard 3. May 10, 1999, NPRM entitled read as follows: Activities New York, 212 Coast Guard Safety Zone: Koechlin Wedding Drive, Staten Island, New York 10305, Fireworks, Western Long Island Sound, § 165.T01±030 Safety Zone: Koechlin room 205, between 8 a.m. and 3 p.m., Rye, NY (64 FR 24982) (CGD01–99– Wedding Fireworks, Western Long Island 030). Sound, Rye, New York. Monday through Friday, except federal holidays. 4. May 10, 1999, NPRM entitled Safety Zone: PricewaterhouseCooper (a) Location. The following area is a FOR FURTHER INFORMATION CONTACT: safety zone: All waters of western Long Lieutenant J. Lopez, Waterways LLP Fireworks, Hudson River, Island Sound within a 360-yard radius Oversight Branch, Coast Guard Manhattan, NY (64 FR 24985) (CGD01– of the fireworks barge in approximate Activities New York (718) 354–4193. 99–037). position 40°56′33′′N, 073°41′25′′W 5. May 10, 1999, NPRM entitled SUPPLEMENTARY INFORMATION: (NAD 1983), approximately 400 yards Safety Zone: Hastings-on-Hudson east of Milton Point, Rye, New York. Background Fireworks, Hudson River, New York (64 FR 24983) (CGD01–99–041). (b) Effective period. This section is The Coast Guard published the 6. May 10, 1999, NPRM entitled effective from 8:30 p.m. until 10 p.m. on following regulations in the Federal Safety Zone: Glen Cove, New York July 24, 1999. There is no rain date for Register with the incorrect RIN Fireworks, Hempstead Harbor, NY (64 this event. accounting numbers: 1. December 22, FR 24987) (CGD01–99–042). (c) Regulations. (1) The general 1998, NPRM entitled Security Zone: 7. May 10, 1999, Final rule entitled regulations contained in 33 CFR 165.23 Dignitary Arrival/Departure New York, Security Zone: Dignitary Arrival/ apply. NY in the Federal Register (63 FR Departure New York, NY (64 FR 24947) 70707) (CGD01–98–006). 2. February 24, (CGD01–98–006). (2) All persons and vessels shall 1999, NPRM entitled Safety Zone: Port comply with the instructions of the 8. May 10, 1999, Final rule entitled of New York/New Jersey Fleet Week (64 Safety Zone: Port of New York/New Coast Guard Captain of the Port or the FR 9107) (CGD01–98–170). 3. May 10, Jersey Fleet Week (64 FR 24945) designated on-scene-patrol personnel. 1999, NPRM entitled Safety Zone: (CGD01–98–170). These personnel comprise Koechlin Wedding Fireworks, Western commissioned, warrant, and petty Long Island Sound, Rye, NY (64 FR Dated: June 23, 1999. officers of the Coast Guard. Upon being 24982) (CGD01–99–030). 4. May 10, R.E. Bennis, hailed by a U.S. Coast Guard vessel by 1999, NPRM entitled Safety Zone: Captain, Coast Guard Captain of the Port, siren, radio, flashing light, or other PricewaterhouseCooper LLP Fireworks, New York. means, the operator of a vessel shall Hudson River, Manhattan, NY (64 FR [FR Doc. 99–17185 Filed 7–6–99; 8:45 am] proceed as directed. 24985) (CGD01–99–037). 5. May 10, BILLING CODE 4910±15±M
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DEPARTMENT OF TRANSPORTATION Guard to hold a fireworks program over Federalism the waters of Boston Harbor, Boston, The Coast Guard has analyzed this Coast Guard MA. This regulation establishes a safety rule under the principles and criteria zone on the waters of Boston Harbor in contained in Executive Order 12612 and 33 CFR Part 165 a four-hundred (400)-yard radius around has determined that this rule does not a fireworks barge located off the Coast [CGD01±99±102] have sufficient federalism implications Guard Integrated Support Command, to warrant the preparation of a RIN 2115±AA97 Boston, MA, at position 42°22.116′N, ° ′ Federalism Assessment. Safety Zone: Royal Handel Fireworks, 71 02.816 W (NAD 1983). The safety Boston, MA zone is in effect from 8:30 p.m. until Environment 10:30 p.m. on Wednsday, August 4, The Coast Guard has considered the AGENCY: Coast Guard, DOT. 1999. This safety zone prevents entry environmental impact of this final rule into or movement within this portion of ACTION: Temporary final rule. and concluded that, under Figure 2–1, Boston Harbor. It is necessary to protect paragraph 34(g), of Commandant SUMMARY: The Coast Guard is the boating public from the dangers Instruction M16457.1C, this final rule is establishing a temporary safety zone on posed by a fireworks display. the waters of Boston Inner Harbor in a categorically excluded from further four-hundred (400)-yard radius around a Regulatory Evaluation environmental documentation. A ‘‘Categorical Exclusion Determination’’ fireworks barge located off the Coast This final rule is not a significant is available in the docket for inspection Guard Integrated Support Command regulatory action under section 3(f) of or copying where indicated under Boston at position 42 22.116 N, 71 Executive Order 12866 and does not ADDRESSES. 02.816 W (NAD 1983) Boston, MA. This require an assessment of potential costs safety zone prevents entry into or and benefits under section 6(a)(3) of that List of Subjects in 33 CFR Part 165 movement within this portion of Boston Order. It has not been reviewed by the Harbors, Marine safety, Navigation Harbor. It is necessary to protect the Office of Management and Budget under (water), Reporting and recorkeeping boating public from the dangers posed that Order. It is not significant under the requirements, Security measures, by a fireworks display. regulatory policies and procedures of Waterways. DATES: This rule is effective from 8:30 the Department of Transportation p.m. until 10:30 p.m., Wednesday, (DOT)(44 FR 11040; February 26, 1979). Regulation August 4, 1999. The Coast Guard expects the economic For reasons set out in the preamble, impact of this regulations to be so ADDRESSES: Documents as indicated in the Coast Guard amends 33 CFR Part minimal that a full Regulatory this preamble are available for 165 as follows: inspection or copying at Marine Safety Evaluation under paragraph 10e of the 1. The authority citation for part 165 Office Boston, 455 Commerical Street, regulatory policies and procedures of continues to read as follows: Boston, MA, between the hours of 8 a.m. DOT is unnecessary since the safety and 3 p.m., Monday through Friday, zone will be limited in duration, marine Authority 33 U.S.C. 1231; 50 U.S.C. 191; except Federal holidays. advisories will be made in advance of 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; 49 CFR 1.46 Section 165.100 is also issued FOR FURTHER INFORMATION CONTACT: ENS the implementation of the safety zone, and the safety zone will not restrict the under authority of Sec. 311, Pub. L. 105– Rebecca Montleon, Waterways 383.2. Management Division, Coast Guard entire harbor, allowing traffic to Marine Safety Office Boston, (617) 223- continue without obstruction. 2. Add temporary section 165.T01– 102 to read as follows: 3000. Small Entities SUPPLEMENTARY INFORMATION: . § 165.T01±102 Safety Zone: Fireworks, Under the Regulatory Flexibility Act Boston, MA. Regulatory History (5 U.S.C 601 et seq.), the Coast Guard (a) Location. The following area is a Pursuant to 5 U.S.C. 553, no notice of considered whether this rule would safety zone: all waters of Boston Harbor proposed rulemaking (NPRM) was have a significant economic impact on in a four-hundred (400)-yard radius published for this regulation. Good a substantial number of small entities. around a fireworks barge located off of cause exists for not publishing an ‘‘Small entities’’ may include (1) shall the Coast Guard Integrated Support NPRM. Conclusive information about businesses and not-for-profit Command, Boston, MA. at position this event was not provided to the Coast organizations that are independently 42°22.166′N, 71°02.816′W (NAD 1983). Guard until May 7, 1999, making it owned and operated and are not impossible to draft or publish an NPRM dominant in their fields and (2) (b) Effective Date. This secton is and provide adequate time for governmental jurisdictions with effective from 8:30 p.m. until 10:30 comments to be submitted. Publishing populations of less than 50,000. p.m., Wednesday, Aug 4, 1999. an NPRM and delaying the rule’s For the reasons discussed in the (c) Regulations. effective date would be contrary to the Regulatory Evaluation above, the Coast (1) In accordance with the general public interest since immediate action is Guard certifies under section 605(b) of regulations in section 165.23 of this needed to close a portion of the the Regulatory Flexibility Act (5 U.S.C. part, entry into or movement within this waterway and protect the maritime 601 et seq.) that this rule will not have zone is prohibited unless authorized by public from the hazards associated with a significant impact on a substantial the Captain of the Port Boston. this fireworks display, which is number of small entities. (2) All persons and vessels shall comply with the instructions of the intended for public entertainment. Collection of Information COTP of the designated on-scene U.S. Background and Purpose This proposal contains no collection- Coast Guard patrol personnel. U.S. On May 7, 1999, the Royal Handel of-information requirements under the Coast Guard partrol personnel comprise Fireworks Show of Boston, MA, filed a Paperwork Reduction Act of 1995 (44 commissioned, warrant, and petty marine-event permit with the Coast U.S.C. 3501 et seq.). officers of the U.S. Coast Guard.
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(3) The general regulations covering 201.10(b)(1)(v), 201.10(e)(2), § 201.10 [Amended] safety zones in section 165.23 of this 201.17(e)(2)(i), 201.17(j)(3)(iv)(A), 5. Section 201.10(b)(1)(v) is amended part apply. 201.18(a)(3), 201.19(c)(4), 201.28(c)(4), by removing the word ‘‘aurhor’s’’ and Dated: June 24, 1999. 202.22(a), 202.22(c)(1), 203.4(f)(2), adding in its place ‘‘author’s’’. 6. Section 201.10(e)(2) is amended by M.A. Skordinski, 251.58(b), 253.8(b)(1)(i)(A), 259.3(a)(5), 260.2(c)(1)(v), and 260.7. removing the word ‘‘describling’’ and Commander, U.S. Coast Guard, Alternate adding in its place ‘‘describing’’. Captain of the Port, Boston, Massachusetts. List of Subjects [FR Doc. 99–17187 Filed 7–6–99; 8:45 am] § 201.11 [Amended] 37 CFR Part 201 BILLING CODE 4910±15±M 7. Section 201.11(d)(1) is amended by Copyright, General provisions. removing ‘‘Licensing Division, United 37 CFR Part 202 States Copyright Office, Library of LIBRARY OF CONGRESS Congress, Washington, DC 20557’’ and Claims, Copyright. adding in its place ‘‘Library of Congress, Copyright Office 37 CFR Part 203 Copyright Office, Licensing Division, 101 Independence Avenue, SE, 37 CFR Parts 201±204, 211, 251, 253, Freedom of information. Washington, DC 20557–6400’’. 259±260 37 CFR Part 204 8. Section 201.11(e)(6) is amended by removing ‘‘of 17.5 cents per subscriber, Copyright Rules and Regulations: Privacy. on in the case of syndex-proof Copyright, Compulsory Licenses, superstations as defined in 37 CFR Copyright Arbitration Royalty Panel 37 CFR Part 211 258.2, 14 cents (or in lieu thereof, the AGENCY: Copyright Office, Library of Mask work protection. arbitrated rate, if applicable)’’ and Congress. 37 CFR Part 251 adding in its place ‘‘prescribed in ACTION: Final rule; Technical § 258.3 of this chapter’’. amendments. Administrative practice and 9. Section 201.11(e)(7) is amended by procedure, Hearing and appeal removing ‘‘of six (6) cents per subscriber SUMMARY: The Copyright Office is procedures. (or, in lieu thereof, the arbitrated rate, if applicable)’’ and adding in its place making non-substantive housekeeping 37 CFR Part 253 amendments to its regulations to update ‘‘prescribed in § 258.3 of this chapter’’. them and to correct minor errors. Noncommercial educational 10. Section 201.11(h)(2)(i) is amended EFFECTIVE DATE: July 7, 1999. broadcasting, Copyright. by removing the phrase ‘‘Cable operators’’ and adding in its place FOR FURTHER INFORMATION CONTACT: 37 CFR Part 259 ‘‘Satellite carriers’’. Marilyn J. Kretsinger, Assistant General Claims, Copyright, Digital audio Counsel, Copyright GC/I&R, PO Box § 201.17 [Amended] recording devices and media. 70400, Southwest Station, Washington, 11. Section 201.17(d)(1) is amended DC 20024. Telephone: (202) 707–8380. 37 CFR Part 260 by removing ‘‘Licensing Division, Telefax: (202) 707–8366. Copyright, Digital audio United States Copyright Office, Library SUPPLEMENTARY INFORMATION: The transmissions, Performance right, Sound of Congress, Washington, DC 20557’’ Copyright Office periodically reviews its recordings. and adding in its place ‘‘Library of regulations as published in the Code of Congress, Copyright Office, Licensing Federal Regulations (CFR) to correct Final Rule Division, 101 Independence Avenue, minor or typographical errors in the Accordingly, 37 CFR Chapter II is SE, Washington, DC 20557–6400’’. published text. The Office has identified amended by making the following 12. Section 201.17(e)(2)(i) is amended minor errors in the currently published corrections and amendments. by removing ‘‘’owner’’’ and adding in its rules. The following sections are place ‘‘owner’’. amended to correct these errors: PART 201ÐGENERAL PROVISIONS 13. Section 201.17(h)(4)(iii) is §§ 201.11(d)(1), 201.11(e)(6), amended by adding ‘‘(65)’’ after ‘‘sixty- 201.11(e)(7), 201.11(h)(2)(i), 1. The authority citation for part 201 five’’. 201.17(d)(1), 201.17(h)(4)(iii), 201.17(k), continues to read as follows: 14. Section 201.17(j)(3)(iv)(A) is 201.18(a)(1), 201.19(a)(1), 201.19(a)(2), Authority: 17 U.S.C. 702. amended by removing ‘‘paragraph 201.19(a)(4), 201.19(e)(4)(i), must’’ and adding in its place 201.19(e)(7)(iii), 201.19(f)(3)(viii), § 201.1 [Amended] ‘‘paragraph) must’’. 201.27(c), 201.27(e)(1), 201.28(e)(4)(i), 2. Section 201.1(b) is amended by 15. Section 201.17(k) is amended by 201.29(e)(3), 201.35(a), 201.36(b)(1), removing ‘‘SE.,’’ and adding in its place removing all material after the phrase 201.36(c), 201.37(a), 201.37(b)(1), ‘‘SE,’’. ‘‘United States Code.’’ beginning with 202.3(b)(7)(ii), 202.17(f)(2), ‘‘Any such entity’’. § 201.3 [Amended] 202.20(c)(2)(vii)(D)(3), § 201.18 [Amended] 202.20(c)(2)(vii)(D)(4), 3. Section 201.3 is amended in the 16. Section 201.18(a)(1) is amended 202.20(c)(2)(vii)(D)(5), Table, in the column entitled ‘‘Fees’’ in by removing the phrase ‘‘as amended by 202.20(c)(2)(xi)(A)(2), 202.23(c)(1), paragraph (c)(5) by removing ‘‘10’’ and 1 Pub. L. 94–553,’’. 202.23(c)(2), 202.23(d), 203.3(g), adding ‘‘10 ’’ in paragraph (c)(8) by 17. Section 201.18(a)(3) is amended 2 204.4(a), 204.5(a), 204.7(a), 204.8(a), removing ‘‘10’’ and adding ‘‘10 ’’, and by removing ‘‘coowners’’ and adding the 211.4(e), 211.5(c)(2), 211.5(d), 251.54(e), by removing the word ‘‘issue’’ in word ‘‘co-owners’’ in its place. 251.56(a), 251.56(b), 253.3(e)(4), footnote 1 and adding ‘‘issues’’. 253.8(b)(1)(ii)(D), and 260.2(c)(2). 4. Section 201.3(c)(5) is amended by § 201.19 [Amended] Typographical errors are corrected in removing the word ‘‘series’’ and adding 18. Sections 201.19(a)(1), (a)(2), and §§ 201.1(b), 201.3(c), 201.3(c)(5), in its place ‘‘serials’’. (a)(4) are amended by removing the
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(e)(7)(iii) are amended by removing the removing ‘‘section 114(f)(1)’’ and adding phrase ‘‘as amended by Pub. L. 94– in its place ‘‘section 114(f)(1)(A)’’; by § 203.3 [Amended] 553,’’. removing ‘‘section 114(f)(4)(A)’’ and 45. Section 203.3(g) is amended by 21. Section 201.19(f)(3)(viii) is adding in its place ‘‘section adding ‘‘–6000’’ after ‘‘20559’’. 114(f)(1)(C)(i)’’; by removing ‘‘section amended by removing the phrase ‘‘as § 203.4 [Amended] amended by Pub. L. 94–553,’’. 114(f)(2)’’ and adding in its place ‘‘section 114(f)(1)(B)’’; and by removing 46. Section 203.4(f)(2) is amended by § 201.27 [Amended] ‘‘section 114(f)(4)(B)’’ and adding in its removing the word ‘‘requestor’’ and 22. Section 201.27(c) is amended by place ‘‘section 114(f)(1)(C)(ii)’’. adding in its place ‘‘requester’’. ‘‘Licensing Division of the Copyright PART 204ÐPRIVACY ACT: POLICIES Office, Washington, DC 20557’’ and PART 202ÐREGISTRATION OF AND PROCEDURES adding in its place ‘‘Library of Congress, CLAIMS TO COPYRIGHT Copyright Office, Licensing Division, 32. The authority citation for part 202 47. The authority citation for part 204 101 Independence Avenue, SE, continues to read as follows: continues to read as follows: Washington, DC 20557–6400’’. Authority: 17 U.S.C. 702; 5 U.S.C. 552(a). 23. Section 201.27(e)(1) is amended Authority: 17 U.S.C. 702. by removing the phrase ‘‘of or the’’ and § 202.3 [Amended] § 204.4 [Amended] adding in its place ‘‘or if the’’. 33. Section 202.3(b)(7)(ii) is amended 48. Section 204.4(a) is amended by § 201.28 [Amended] by removing the phrase ‘‘this adding ‘‘–6000’’ after ‘‘20559’’. 24. Section 201.28(c)(4) is amended § 202.3(b)(7)’’ and adding in its place § 204.5 [Amended] ‘‘paragraph (b)(7) of this section’’. by removing the phrase ‘‘two month’’ 49. Section 204.5(a) is amended by and adding in its place ‘‘two-month’’. § 202.17 [Amended] adding ‘‘–6000’’ after ‘‘20559’’. 25. Section 201.28(e)(4)(i) is amended 34. Section 202.17(f)(2) is amended by § 204.7 [Amended] by removing ‘‘U.S.’’ and adding in its adding the phrase ‘‘of this section’’ after place ‘‘of the United States’’. ‘‘(f)(1)’’ and after ‘‘(f)(1)(iii)’’. 50. Section 204.7(a) is amended by adding ‘‘–6000’’ after ‘‘20559’’. § 201.29 [Amended] § 202.20 [Amended] § 204.8 [Amended] 26. Section 201.29(e)(3) is amended 35. Section 202.20(c)(2)(vii)(D)(3) is by removing ‘‘Licensing Division, amended by removing the word ‘‘this’’ 51. Section 204.8(a) is amended by Copyright Office, Library of Congress, and adding in its place ‘‘of this section’’ adding ‘‘–6000’’ after ‘‘20559’’. Washington, DC 20557–6400’’ and after ‘‘paragraph (c)(2)(vii)(D)’’. adding in its place ‘‘Library of Congress, PART 211ÐMASK WORK 36. Section 202.20(c)(2)(vii)(D)(4) is PROTECTION Copyright Office, Licensing Division, amended by adding the phrase ‘‘of this 101 Independence Avenue, SE, section’’ at the end of the paragraph. 52. The authority citation for part 211 Washington, DC 20557–6400’’. 37. Section 202.20(c)(2)(vii)(D)(5) is continues to read as follows: § 201.35 [Amended] amended by removing the phrase ‘‘(6) or Authority: 17 U.S.C. 702 and 908. (7) immediately below’’ and adding in 27. Section 201.35(a) is amended by its place ‘‘paragraphs (c)(2)(vii)(D)(6) or § 211.4 [Amended] removing the phrase ‘‘as amended by (7) of this section’’. Pub. L. 104–39, 109, Stat. 336’’. 53. Section 211.4(e) is amended by 38. Section 202.20(c)(2)(xi)(A)(2) is adding the phrase ‘‘of this section’’ after § 201.36 [Amended] amended by removing the word ‘‘paragraph (c)(2)’’. 28. Section 201.36(b)(1) is amended ‘‘below’’ and adding in its place ‘‘of this § 211.5 [Amended] by removing ‘‘section 114(f)(1)’’ and section’’. 54. Section 211.5(c)(2) is amended by adding in its place ‘‘section § 202.22 [Amended] 114(f)(1)(A)’’; by removing ‘‘section adding the phrase ‘‘of this section’’ after 39. Section 202.22(a) is amended by ‘‘paragraph (b)(2)(i)’’. 114(f)(4)(A)’’ and adding in its place removing the word ‘‘copywright’’ and ‘‘section 114(f)(1)(C)(i)’’; by removing 55. Section 211.5(d) is amended by adding in its place ‘‘copyright’’. adding ‘‘–6000’’ after ‘‘20559’’. ‘‘section 114(f)(2)’’ and adding in its 40. Section 202.22(c)(1) is amended place ‘‘section 114(f)(1)(B)’’; and by by removing the word ‘‘itle’’ and adding PART 251ÐCOPYRIGHT removing ‘‘section 114(f)(4)(B)’’ and in its place ‘‘Title’’. ARBITRATION ROYALTY PANEL adding in its place ‘‘section RULES OF PROCEDURE 114(f)(1)(C)(ii)’’. § 202.23 [Amended] 29. Section 201.36(c) is amended by 41. Section 202.23(c)(1) is amended 56. The authority citation for part 251 removing ‘‘section 114(f)(1)’’ and adding by adding the phrase ‘‘of this section’’ continues to read as follows: in its place ‘‘section 114(f)(1)(A)’’; by after ‘‘paragraph (b)’’. Authority: 17 U.S.C. 801–803. removing ‘‘section 114(f)(4)(A)’’ and 42. Section 202.23(c)(2) is amended adding in its place ‘‘section by removing the phrase ‘‘37 CFR’’. § 251.54 [Amended] 114(f)(1)(C)(i)’’; by removing ‘‘section 43. Section 202.23(d) is amended by 57. Section 251.54(e) is amended by 114(f)(2)’’ and adding in its place removing the phrase ‘‘37 CFR’’ and removing the word ‘‘directly’’ after ‘‘section 114(f)(1)(B)’’; and by removing adding in its place ‘‘§§ ’’. ‘‘arbitrators’’.
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§ 251.56 [Amended] § 260.7 [Amended] Pub. L. 105–304, Congress enacted 58. Section 251.56(a) is amended by 70. Section 260.7 is amended by design protection for vessel hulls. removing the number ‘‘60’’ and adding removing the phrase ‘‘three year’’ and Chapter 13 of the Copyright Act creates the number ‘‘90’’ in its place. adding in its place ‘‘three-year’’. certain exclusive rights for owners of original designs of vessel hulls provided 59. Section 251.56(b) is amended by Dated: June 29, 1999. that registration of the design is made removing the phrase ‘‘the order’’ and David O. Carson, within two years after the date on which adding in its place the phrase ‘‘the General Counsel. the design is first made public. Librarian shall have an additional 30 [FR Doc. 99–16940 Filed 7–6–99; 8:45 am] Registration is to be made at the days to issue the order which’’. BILLING CODE 1410±31±P Copyright Office, in accordance with § 251.58 [Amended] regulations established by the Register of Copyrights. 60. Section 251.58(b) is amended by LIBRARY OF CONGRESS The Register is issuing the interim removing ‘‘30 day’’ and adding in its regulations contained in this notice to Copyright Office place ‘‘30-day’’. implement the registration process for PART 253ÐUSE OF CERTAIN 37 CFR Part 212 vessel hull designs. Ordinarily, the administrative process would COPYRIGHTED WORKS IN [Docket No. RM99±4] CONNECTION WITH commence with publication of proposed NONCOMMERCIAL EDUCATIONAL regulations, followed by a period of Design Protection for Vessel Hulls public comment, and later publication BROADCASTING AGENCY: Copyright Office, Library of of final regulations. The Register has 61. The authority citation for part 253 Congress. determined, however, that interim continues to read: ACTION: Interim regulations; Request for regulations need to be adopted at this comments. time in order to begin the registration Authority: 17 U.S.C. 118, 801(b)(1), and process for vessel hull designs. The 803. SUMMARY: The Copyright Office is need for expedited regulations is § 253.3 [Amended] adopting interim regulations to evident from two circumstances. First, section 504 of the DMCA requires the 62. Section 253.3(e)(4) is amended by implement the registration process for Register, in conjunction with the Patent removing the word ‘‘or’’ after the word original designs of vessel hulls and Trademark Office, to submit a ‘‘author’’. protected under chapter 13 of the Copyright Act. The Office is requesting report to Congress evaluating the effects § 253.8 [Amended] interested parties to comment on the of design protection for vessel hulls within one year of passage of the 63. Section 253.8(b)(1)(i)(A) is regulations. The immediacy of the DMCA. In order to submit a meaningful amended by removing the symbol ‘‘]’’ adoption is required to enable the report to Congress, it is necessary to after ‘‘64.78’’. Copyright Office to begin the registration process for vessel hull begin the registration process 64. Section 253.8(b)(1)(ii)(D) is designs and implement the law, which immediately; otherwise, there will be amended by removing the word became effective on October 28 of last little to discuss regarding the effects of ‘‘semin’’ before the word ‘‘reproduced’’. year. chapter 13. Second, the Office has received a PART 259ÐFILING OF CLAIMS TO DATES: Effective date is July 1, 1999. growing number of public inquiries DIGITAL AUDIO RECORDING DEVICES Comments should be submitted no later regarding registration, particularly as AND MEDIA ROYALTY PAYMENTS than August 6, 1999. Reply comments are due no later than September 7, 1999. the boating industry prepares its new designs for summer display to dealers 65. The authority citation for part 259 ADDRESSES: An original and 10 copies of and distributors. The Office also continues to read: comments and reply comments should acknowledges that the right to be mailed to: Office of the General Authority: 17 U.S.C. 1007(a)(1). commence an infringement action Counsel, Copyright Office, PO Box brought by an owner of a vessel hull § 259.3 [Amended] 70400, Southwest Station, Washington, design is contingent upon first obtaining DC 20024. If delivered by hand, copies 66. Section 259.3(a)(5) is amended by a certificate of registration. 17 U.S.C. should be brought to: Office of the removing ‘‘1001(6)’’ each place it 1321(a). The Register, therefore, Copyright General Counsel, Room LM– appears and adding in its place concludes that it is appropriate to adopt 403, James Madison Memorial Building, ‘‘1001(6))’’. interim regulations at this time, and 101 Independence Avenue, SE, request public comment on these PART 260ÐUSE OF SOUND Washington, DC 20559–6000. regulations. After the Copyright Office RECORDINGS IN A DIGITAL FOR FURTHER INFORMATION CONTACT: PERFORMANCE reviews the comments, final regulations David O. Carson, General Counsel, or will be issued. William J. Roberts, Senior Attorney, 67. The authority citation for part 260 Office of the General Counsel, Copyright Interim Regulations continues to read: Office, PO Box 70400, Southwest The interim regulations are codified at Authority: 17 U.S.C. 114, 801(b)(1). Station, Washington, DC 20024. part 212 of 37 CFR. The highlights of § 260.2 [Amended] Telephone: (202) 707–8380. Telefax: these regulations are discussed briefly (202) 707–8366. below. 68. Section 260.2(c)(1)(v) is amended SUPPLEMENTARY INFORMATION: by removing the word ‘‘licensee’’ and 1. Fees adding in its place ‘‘Licensee’’. Background The basic application fee is $75. The 69. Section 260.2(c)(2) is amended by As part of the amendments made to Copyright Office considers this to be an removing the phrase ‘‘as are in’’ and the Copyright Act by the Digital introductory fee until such time as we adding in its place ‘‘as set forth in’’. Millennium Copyright Act (DMCA), can determine the cost to the Office of
VerDate 18-JUN-99 10:00 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\A07JY0.010 pfrm03 PsN: 07JYR1 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Rules and Regulations 36577 the registration process. This principle U.S.C. 1310(j). In order to prevent Office, and paragraph (j) provides that applies to the other fees described in confusion in examining a single publications will be made on the § 212.2 as well. The Office will adjust application for multiple designs, the Copyright Office’s website. the fees, if necessary, in accordance Office is limiting the circumstances 3. Affixation and Placement of Design with the provisions of 17 U.S.C. 1316. under which a single application for Notice An important aspect of the basic fee multiple designs may be submitted. is that it applies to registration of one Paragraph (f) provides that a single Section 212.4 prescribes the elements, vessel hull design only. Multiple application may be submitted for more affixation and placement of the design designs, whether submitted on a single than one design provided that each of notice required by 17 U.S.C. 1306. The or multiple application forms, require the designs is embodied in the same elements of a proper design notice are payment of the $75 fee for each design make and model of the vessel and all those prescribed in the statute and registered. other information apart from the type or repeated in paragraph (b) of this section regulation, and the affixation and 2. Registration of Claims for Protection style and description of the design is the location of the design notice is of Eligible Designs same. If the information (apart from the type or style of the design and the anywhere on the vessel that would give Section 212.3 prescribes the essential description of the design) in any of the ‘‘reasonable notice’’ that the design is requirements for registration of a vessel spaces on Form D–VH is different for protected as the vessel passes through hull design. one or more designs, then multiple the normal channels of commerce. The application form that must be application forms must be used. Thus, Section 212.4(d) describes locations used by all applicants seeking to register for example, if a particular make and on a vessel where placement of a design a vessel hull design is the Form D–VH, model of a vessel manufactured by a notice would indeed give reasonable available from the Copyright Office. company contains multiple designs notice. These locations are by no means Copies of the form may also be printed created by the same designer, then a the only acceptable locations, but are or downloaded from the Copyright single application may be used offered as guidance and a ‘‘safe harbor’’ Office website (http://www.loc.gov/ (provided, of course, that the for what would constitute reasonable copyright/ forms/formdvh.pdf). The information in the remaining spaces of notice of design protection. required elements of a registration Form D–VH is the same). If, however, 4. Recordation of Distinctive application are a completed form D–VH, the designers for each design are Identification deposit material identifying the design different, then separate application or designs for which registration is forms must be used for each design. Section 1306 of title 17 provides that sought, and the appropriate fee The $75 application fee applies to a distinctive identification of an owner prescribed in § 212.2. Applications may each design submitted for registration, of a design may be used in a design only be made by the owner or owners regardless of whether the designs appear notice provided that the distinctive of a design, or their authorized on a single or multiple applications. identification is first recorded with the representatives or agents. As permitted by 17 U.S.C. 1312(b), the Copyright Office. Section 212.5 of the Section 212.3(e) contains the Register is adopting a written interim regulations provides the requirements for submission of deposit declaration for Form D–VH in lieu of the requirements for recording a distinctive material identifying the design or oath required by 17 U.S.C. 1312(a). The identification with the Copyright Office. designs that are submitted for written declaration eliminates the need A suggested format for the recordation registration. The Copyright Office will for applicants to have the completed is posted on the Copyright Office accept either drawings or photographs application form notarized. All website. identifying a design. It is important that applicants are advised to read the the exact requirements of paragraph (e) written declaration carefully before 5. Recordation of Transfers and Other with respect to character, quality, and signing as there are criminal penalties Documents submission of the photographs or for false statements. 17 U.S.C. 1327; 18 Section 1320 of title 17 of the United drawings be satisfied. First, the U.S.C. 1001. States Code provides that assignments, photographs or drawings must Section 212.3(h) addresses priority grants, conveyances and mortgages of adequately depict the design to establish claims—i.e., where an applicant has rights in registered designs may be the basis of the claim and to enable the sought protection for the same design in recorded in the Copyright Office. Office to examine the claim. A court another country prior to seeking Section 212.6 provides that such would be justified in denying a claim registration in the United States. The documents shall be recorded in the for infringement of an aspect of a design paragraph requires the applicant to same manner as documents pertaining that was not adequately revealed in the identify the country, filing date and to copyrights, as set forth in section deposit material accompanying the serial number of the foreign application, 201.4. application. Second, the requirements of and to provide a certified copy of the paragraph (e) must be met to enable the application and a translation of the 6. Effective Date of Regulations Copyright Office to reproduce the application. In addition, if requested by The effective date of the interim depictions of the design on the the Copyright Office, the applicant must regulations is July 1, 1999. The certificate of registration, as required by submit proof that the foreign country in immediacy of the effective date is the statute. A registration cannot be which the prior application was filed required to enable the Copyright Office made if the depictions of the design extends protection to U.S. citizens that to begin the registration process for cannot be reproduced on the certificate. is similar to the protection contained in vessel hull designs and implement the Section 121.3(f) provides the chapter 13 of title 17. If the protection law, which became effective on October requirements for submitting claims for is not similar, then no credit can be 28 of last year. The Office will adopt multiple designs. Section 1310(j) of title given to the prior application under 17 final regulations following receipt of 17 provides that ‘‘[m]ore than one U.S.C. 1311. public comment on these interim design may be included in the same Section 212.3(i) provides that the regulations and based on its experience application under such conditions as effective date of a registration is the date with registrations made under the may be prescribed by the [Register].’’ 17 of its publication by the Copyright interim regulations.
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Cancellation of Registrations the provisions of part 202 of this are available from the Copyright Office subchapter. and may be reprinted from the Section 1313(c) of title 17 provides Copyright Office’s website (http:// that ‘‘[a]ny person who believes he or § 212.2 Fees. www.loc.gov/copyright/forms/ she is or will be damaged by a The following fees or charges are formdvh.pdf). registration under this chapter may, established by the Register of Copyrights (e) Deposit material.—(1) In General. upon payment of the prescribed fee, for services related to designs: Identification of the design to be apply to the [Register] at any time to (a) For filing an application for registered may be made in the form of cancel the registration on the ground registration of one design: $75; drawings or photographs. No more than that the design is not subject to (b) For filing an application for two drawings or photographs of the protection under this chapter.’’ 17 registration of more than one design: design may appear on a single sheet. U.S.C. 1313(c). Upon receipt of such $75, plus $75 for each design beyond Applicants may submit up to three 81⁄2′′ application, the Register must provide the first; × 11′′ sheets containing drawings or the owner of the design with the request (c) For each page of deposit material photographs as part of the basic $75 for cancellation and ‘‘the owner shall identifying the design beyond the third application fee. The fee for each have a period of 3 months after the date page: $20; additional sheet beyond three is $20 per on which such notice is mailed to (d)(1) For special handling of an sheet. No combinations of drawings and present arguments to the (Register) to application for registration of a design: photographs may be submitted on a support the validity of the registration.’’ $500; single sheet. The drawings or Id. The Register is granted authority to (2) For special handling of each photographs that accompany the establish regulations by which the additional design in an application for application must reveal those aspects of opposing parties may ‘‘appear and be registration of multiple designs: $50; the design for which protection is heard in support of their arguments,’’ (e) For corrections or omissions in the claimed. The registration extends only and is directed to cancel the registration certificate of registration: $65; to those aspects of the design which are if she determines that ‘‘the design is not (f) For recordation of a distinctive adequately shown in the drawings or subject to protection under this identification of an owner: $50; photographs. chapter.’’ Id. (g) For providing an additional (2) Views. The drawings or Because the Copyright Office is just certificate of registration: $25; photographs submitted should contain a beginning the registration process with (h) For providing any other sufficient number of views to make an publication of these interim regulations, certification of Copyright Office records: adequate disclosure of the appearance of there is no need to adopt cancellation $65 per hour; the design, i.e. front, rear, right and left regulations at this time. (i) For preparing a search report: $65 sides, top and bottom. While not The Copyright Office welcomes per hour; required, it is suggested that perspective information or comment as to the (j) For expediting a request for views be submitted to show clearly the registration and cancellation process. certification or search of Office records, appearance and shape of the three the appropriate fees set out in dimensional designs. List of Subjects in 37 CFR Part 212 § 201.3(d). (3) Drawings. (i) Drawings must be in black ink on white 81⁄2′′ × 11′′ unruled Design, Fees, Registration, Vessel § 212.3 Registration of claims for hulls. paper. A drawing of a design should protection of eligible designs. include appropriate surface shading Interim Regulations (a) Limitations. Protection is not which shows clearly the character and available for, and an application for In consideration of the foregoing, the contour of all surfaces of any 3- registration will not be accepted for: Register of Copyrights adds part 212 on dimensional aspects of the design. (1) An otherwise eligible design made an interim basis as follows: Surface shading is also necessary to public prior to October 28, 1998; distinguish between any open and solid PART 212ÐPROTECTION OF VESSEL (2) An otherwise eligible design made areas of the design. Solid black surface HULL DESIGNS public on a date more than two years shading is not permitted except when prior to the filing of an application for used to represent the black color as well Sec. registration under this section; as color contrast. 212.1 Scope. (3) A design ineligible for any of the (ii) The use of broken lines in 212.2 Fees. reasons set forth in 17 U.S.C. 1302. drawings depicting the design is 212.3 Registration of claims of protection of (b) Required elements of application. understood to be for illustrative eligible designs. An application is considered filed with 212.4 Affixation and placement of design purposes only and forms no part of the notice. the Copyright Office on the date on claimed design. Structure that is not 212.5 Recordation of distinctive which the following three items have part of the design, but that is considered identification of vessel hull designer. been received by the Copyright Office: necessary to show the environment in 212.6 Recordation of transfers and other (1) Completed Form D–VH; which the design is used, may be documents. (2) Deposit material identifying the represented in the drawing by broken Authority: 17 U.S.C. chapter 13. design or designs for which registration lines. This includes any portion of the is sought; and vessel hull in which the design is § 212.1 Scope. (3) The appropriate fee. embodied or applied that is not The provisions of this part apply to (c) Application by owner of design. considered part of the design. When the the protection and registration of An application for registration under claimed design is only surface original designs of vessel hulls under this section may be made only by the ornamentation to the vessel hull, the chapter 13 of title 17, United States owner or owners of the design, or by the vessel hull in which it is embodied Code. Design protection and registration duly authorized agent or representative must be shown in broken lines. under this part are separate from of the owner or owners of the design. (iii) When broken lines are used, they copyright protection and registration. (d) Application form. Registration should not intrude upon or cross the Copyright registration is governed by must be made on Form D–VH. Forms depiction of the design and should not
VerDate 18-JUN-99 16:09 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\07JYR1.XXX pfrm01 PsN: 07JYR1 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Rules and Regulations 36579 be of heavier weight than the lines used application shall contain a written (j) Publication of registration. in depicting the design. Where a broken declaration, as permitted by 17 U.S.C. Publication of registrations of vessel line showing of environmental structure 1312(b), signed by the applicant, or the hull designs shall be made on the must necessarily cross or intrude upon applicant’s duly authorized agent or Copyright Office website (http:// the representation of the design and representative. If the design has been www.loc.gov/copyright/vessels). obscure a clear understanding of the made public with the design notice design, such an illustration should be prescribed in 17 U.S.C. 1306, the § 212.4 Affixation and placement of design notice. included as a separate figure, in written declaration shall also describe addition to other figures which fully the exact form and position of the (a) General. (1) This section specifies disclose the subject matter of the design. design notice. The written declaration the methods of affixation and placement (4) Photographs. High quality black shall read as follows: of the design notice required by 17 and white or color photographs will be U.S.C. 1306. Sections 1306 and 1307 The undersigned, as the applicant or the accepted provided that they are applicant’s duly appointed agent or govern the circumstances under which 1 ′′ × ′′ mounted on plain white 8 ⁄2 11 representative, being hereby warned that a design notice must be used and the unlined paper and do not exceed two willful false statements are punishable by effect of omission of a design notice. A photographs per sheet. Photographs fine or imprisonment, or both, under 18 notice deemed acceptable under this must be developed on double weight U.S.C. 1001, and that such willful false part shall be considered to satisfy the photographic paper and must be of statements may jeopardize the validity of this requirements of section 1306 that it be sufficient quality so that all the details application or any resulting registration, so located and applied as to give of the design are plainly visible and are hereby declares to the best of his/her reasonable notice of design protection capable of reproduction on the knowledge and belief: while the useful article embodying the (1) That the design has been fixed in a registration certificate, if issued. design is passing through its normal (f) Multiple claims.—(1) In general. useful article; (2) That the design is original and was channels of commerce. As provided in Claims for more than one design may be created by the designer(s), or employer if that section, the examples specified in filed in one of two ways. If multiple applicable, named in the application; this part shall not be considered designs are contained on a single make (3) That those aspects of the design for exhaustive of the methods of affixation and model of a vessel hull (and which registration is sought are not protected and locations giving reasonable notice therefore, the information in Space 1 of by a design patent; of the claim of protection in the design. Form D–VH—the make and model of (4) That the design has not previously been (2) The acceptability of a design the vessel that embodies the design—is registered on behalf of the applicant or the notice under these regulations shall the same for each of the designs), a applicant’s predecessor in title; and (5) That the applicant is the person entitled depend upon its being legible under single application form may be used for normal conditions of use, and affixed in all designs, provided that the to protection and to registration under chapter 13 of title 17, United States Code. such a manner and position that, when information in spaces 3 through 9 is the affixed, it may be viewed upon (h) Priority claims. An applicant same for each of the designs. If multiple reasonable examination. There is no seeking the benefit of 17 U.S.C. 1311 designs are contained on more than one requirement that a design notice be because the applicant has, within the make and model of a vessel, or the permanently embossed or engraved into previous 6 months, filed an application information in spaces 3 through 9 is not a vessel hull or deck, but it should be for protection of the same design in a the same for each of the multiple affixed in such a manner that, under foreign country, must provide: designs, then separate applications must normal conditions of use, it is not likely (1) Identification of the filing date of be used for each design. to become unattached or illegible. (2) Single application. Where a single the foreign application; (b) Elements of a design notice. If the application for multiple designs is (2) Identification of the foreign design has been registered, the appropriate, a separate Form country in which the application was registration number may be included in D–VH/CON must be used for each filed; the design notice in place of the year of design beyond the first appearing on (3) The serial number or any other the date on which protection for the Form D–VH. Each Form D–VH/CON identifying number of the foreign design commenced and the name of the must be accompanied by deposit application; owner, an abbreviation by which the material identifying the design that is (4) A certified copy of the foreign name can be recognized, or a generally the subject of the Form D–VH/CON, and application; accepted alternative designation of the the deposit material must be attached to (5) A translation of the foreign owner. The elements of a design notice the Form D–VH/CON. The Form D–VH application and a statement, signed by shall consist of: and all the Form D–VH/CONs for the the translator, that the translation is (1) The words ‘‘Protected Design’’, the single application must be submitted accurate, if the foreign application is in abbreviation ‘‘Prot’d Des.’’, or the letter together. a language other than English; and (3) Multiple applications. Where (6) If requested by the Copyright ‘‘D’’ within a circle, or the symbol *D*; multiple applications for more than one Office, proof that the foreign country in (2) The year of the date on which design are required, a Form D–VH must which the prior application was filed protection for the design commenced; be completed for each design. Deposit extends to designs of owners who are and material identifying the design must citizens of the United States, or to (3) The name of the owner, an accompany each application. Multiple applications filed under chapter 13 of abbreviation by which the name can be applications may be filed separately. title 17, United States Code, similar recognized, or a generally accepted (4) Fees. The $75 basic application fee protection to that provided under alternative designation of the owner. applies to each design submitted, chapter 13 of title 17, United States (c) Distinctive identification. Any regardless of whether a single Code. distinctive identification of an owner application or multiple applications are (i) Effective date of registration. The may be used for purposes of paragraph used. effective date of registration is the date (b)(3) of this section if it has been (g) Written declaration. In lieu of the of publication of the registration by the recorded by the Register of Copyrights oath required by 17 U.S.C. 1312(a), the Copyright Office. pursuant to § 212.5 before the design
VerDate 18-JUN-99 16:09 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\07JYR1.XXX pfrm01 PsN: 07JYR1 36580 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Rules and Regulations marked with such identification is protection of vessel hulls under 17 Paperboard Point Source Category. EPA registered. U.S.C. chapter 13. is amending Part 9 to include the OMB (d) Acceptable locations of notice. Dated: June 24, 1999. control number for the Milestones Plan The following are acceptable means of Marybeth Peters, requirement being promulgated today affixing and placement of a design and the OMB control number for the Register of Copyrights. notice: information collection requirements (1) In close proximity to the hull James H. Billington, associated with the best management identification number required by 33 Librarian of Congress. practices regulations promulgated last CFR 181.23; [FR Doc. 99–16828 Filed 7–6–99; 8:45 am] year as part of the Cluster Rules. (2) In close proximity to the driver’s BILLING CODE 1410±30±P DATES: The effective date of these console such that it is in plain view amendments is August 6, 1999. For from the console; compliance dates, see the (3) If the vessel is twenty feet in ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION section length or less and is governed by 33 CFR AGENCY under the heading ‘‘Compliance Dates.’’ 183.21, in close proximity to the capacity marking; and 40 CFR Parts 9 and 430 ADDRESSES: The public record (4) In close proximity to the make (excluding confidential business [FRL±6372±9] and/or model designation of the vessel. information) for this rulemaking is RIN 2040±AD05 available for review at the EPA’s Water § 212.5 Recordation of distinctive Docket, 401 M Street, SW, Washington identification of vessel hull designer Amendment to the Effluent Limitations DC, 20460. For access to docket (a) General. Any owner of a vessel Guidelines and Standards for the materials, call (202) 260–3027 between hull may record a distinctive Bleached Papergrade Kraft and Soda 9:00 a.m. and 3:30 p.m. for an identification with the Register of Subcategory of the Pulp, Paper, and appointment. Copyrights for purposes of using such Paperboard Point Source Category: FOR FURTHER INFORMATION CONTACT: Mr. distinctive identification in a design Final Rule; OMB Approvals Under the Mark A. Perez, Engineering and protection notice required by 17 U.S.C. Paperwork Reduction Act: Technical Analysis Division (4303), U.S. 1306. A distinctive identification of an Amendments Environmental Protection Agency, 401 owner may not be used in a design M Street SW, Washington, D.C. 20460; notice before it has first been recorded AGENCY: Environmental Protection Agency (EPA). call (202) 260–2275 or e-mail: with the Register. [email protected]. Information is also ACTION: Final rule; technical (b) Forms. The Copyright Office does available from the EPA pulp and paper amendments. not provide forms for the use of persons website: http://www.epa.gov/OST/ recording distinctive identifications of SUMMARY: pulppaper. ownership of a vessel hull. However, This action promulgates an persons recording distinctive amendment to the effluent limitations SUPPLEMENTARY INFORMATION: guidelines and standards under the identifications are encouraged to use the Overview suggested format available on the Clean Water Act for the pulp, paper and Copyright Office website (http:// paperboard point source category. The This preamble describes the legal www.loc.gov/copyright/vessels). amendment affects only existing direct authority for the amendment to Part (c) Recording distinctive discharging mills in the Bleached 430, background information on the identifications. Any distinctive Papergrade Kraft and Soda Subcategory VATIP, and the rationale for the identification of an owner of a vessel that choose to enroll in the Voluntary Milestones Plan. It also discusses the hull may be recorded with the Register Advanced Technology Incentives technical amendment to Part 9. Program (VATIP). EPA established the of Copyrights provided that a document Regulated Entities containing the following is submitted: VATIP as part of the final Pulp and (1) The name and address of the Paper ‘‘Cluster Rules’’ on April 15, Entities potentially regulated by the owner; 1998. Today’s amendment adds a amendment to Part 430 are those (2) A statement of the owner that he/ component to the VATIP. This existing, direct discharging mills that she is entitled to use the distinctive amendment requires a plan (referred to chemically pulp wood fiber using kraft identification; as the ‘‘Milestones Plan’’) specifying or soda methods to produce bleached (3) A statement or depiction of the research, construction, and other papergrade pulp and/or bleached paper identification; and activities leading to achievement of the or paperboard, if they choose to enroll (4) A recordation fee of $50. VATIP effluent limitations with in the VATIP. Entities affected by the (d) The document should be mailed accompanying dates for achieving these technical amendment to Part 9 are those to: Dept. D–VH, Vessel Hull milestones. The purpose of the operations that chemically pulp wood Registration, P.O. Box 71380, Milestones Plan is to provide the fiber using kraft, sulfite, or soda Washington, DC 20024–1380. permitting authority with mill-specific methods to produce bleached information upon which to base permit papergrade pulp and/or bleached paper/ § 212.6 Recordation of transfers and other requirements reflecting reasonable paperboard, insofar as today’s technical documents interim milestones. In compliance with amendment means the mills in Subparts The conditions prescribed in § 201.4 the Paperwork Reduction Act (PRA), B and E are now required to comply of this chapter for recordation of this action also makes a technical with the information collection transfers of copyright ownership and amendment to the table in Part 9 that requirements contained in 40 CFR other documents pertaining to copyright lists the Office of Management and 430.03 (subject to the deadlines in 40 are applicable to the recordation of Budget (OMB) control numbers issued CFR 430.03(j)). Regulated categories and documents pertaining to design under the PRA for Pulp, Paper, and entities include:
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Category Rule SIC code NAICS code Examples of regulated entities
Industry ...... Amendment to Part 430 ...... 2611, 2621 ...... 32211, 322121 ...... Existing, direct discharging Bleached Papergrade Kraft and Soda mills that choose to enroll in the Voluntary Advanced Tech- nology Incentives Program. Industry ...... Amendment to Part 9 ...... 2611, 2621 ...... 32211, 322121 ...... Mills that chemically pulp wood fiber using kraft, sulfite, or soda methods to produce bleached papergrade pulp and/or bleached paper/paperboard.
This table is not intended to be in the Voluntary Advanced Technology encourage direct discharging mills to exhaustive, but rather provides a guide Incentives Program (VATIP). This move beyond baseline BAT technologies for readers regarding entities likely to be amendment to Part 430 is promulgated toward the ‘‘mill of the future,’’ which regulated by today’s actions. This table under the authority of Sections 301, EPA believes will have a minimum lists the types of entities that EPA is 304, 308, 402, and 501 of the Clean impact on the environment. The now aware could potentially be Water Act, as amended, (33 U.S.C. 1311, development of increasingly more regulated by today’s actions. Other types 1314, 1318, 1342, and 1361), and advanced process technologies that of entities not listed in the table could Section 112 of Clean Air Act, as minimize the discharge of wastewater also be affected. To determine whether amended (42 U.S.C. 7412). The and wastewater pollutants is a critical your facility is regulated by today’s technical amendment to Part 9 is step toward the Clean Water Act’s actions, you should carefully examine promulgated under the authority of 7 ultimate goal of eliminating the the applicability criteria in Section U.S.C 135 et seq., 136–136y; 15 U.S.C. discharge of pollutants into the Nation’s 430.20 of Title 40 of the Code of Federal 2001, 2003, 2005, 2006, 2601–2671; 21 waters. Therefore, the VATIP promotes Regulations. If you have questions U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; EPA’s statutory goal and establishes regarding the applicability of today’s 33 U.S.C. 1251 et seq., 1311, 1313d, limitations that act as a beacon to show actions to a particular entity, consult the 1314, 1318, 1321, 1326, 1330, 1342, what is possible. (EPA also established person listed in the preceding FOR 1344, 1345(d) and (e), 1361; E.O. 11735, an incentives program for new direct FURTHER INFORMATION CONTACT section. 38 FR 21243, 3 CFR, 1971–1975 Comp. discharging sources, see 40 CFR # 973; 42 U.S.C. 241, 242b, 243, 246, 430.25(c), but today’s amendment does Judicial Review 300f, 300g, 300g–1, 300g–2, 300g–3, not apply to that program.) In accordance with 40 CFR 23.2, 300g–4, 300g–5, 300g–6, 300j–1, 300j–2, Existing, direct discharging mills that today’s rule shall be considered 300j–3, 300j–4, 300j–9, 1857 et seq., enroll in the VATIP can choose among promulgated for the purposes of judicial 6901–6992k, 7401–7671q, 7542, 9601– three different levels of ultimate review at 1 pm Eastern Time on July 21, 9657, 11023, 11048. performance requirements, expressed as 1999. Under section 509(b)(1) of the Tier I, Tier II, or Tier III. Tier III is the Clean Water Act (CWA), judicial review II. The Milestones Plan Amendment most stringent of the tiers. Each BAT of today’s amendment to the effluent A. Background on the Voluntary Tier is made up of an array of limitations guidelines and standards Advanced Technology Incentives increasingly more stringent effluent already codified at 40 CFR Part 430 is Program limitations in the form of enforceable available in the United States Court of milestones. See, e.g., 40 CFR Appeals by filing a petition for review EPA promulgated effluent limitations 430.24(b)(2). Each tier culminates in the within 120 days from the date of guidelines and standards for the ultimate performance requirements of promulgation of this amendment. Under Bleached Papergrade Kraft and Soda that particular tier. See 40 CFR section 509(b)(2) of the CWA, the (Subpart B) subcategory of the pulp, 430.24(b)(4)(I). EPA is providing requirements in this regulation may not paper and paperboard point source incentives that include additional time be challenged later in civil or criminal category on April 15, 1998 (40 CFR Part for achieving those requirements. Mills proceedings brought by EPA to enforce 430). Those regulations are commonly enrolled at BAT Tier I have until April these requirements. referred to as the Cluster Rules. In 15, 2004 to achieve their ultimate Section 430.24 of the final rule, EPA VATIP effluent limitations. For Tier II, Compliance Dates created the Voluntary Advanced the date is April 15, 2009, and for Tier Existing, direct dischargers presently Technology Incentives Program III the date is April 15, 2014. See 40 CFR enrolled or intending to enroll in the (VATIP), whereby participating mills 430.24(b)(4)(ii). For further details on Voluntary Advanced Technology agree to accept enforceable effluent the incentives associated with this Incentives Program must comply with limitations and conditions in their voluntary program, see Section IX of the the requirements of this amendment by National Pollutant Discharge preamble to the Cluster Rules (63 FR October 5, 1999, or by the date the Elimination System (NPDES) permits 18504, 18593–611 (April 15, 1998)) and discharger applies for a National that are more stringent than the baseline The Voluntary Advanced Technology Pollutant Discharge Elimination System Best Available Technology Incentives Program Technical Support (NPDES) permit containing limitations Economically Achievable (BAT) Document (DCN 14488 in the and conditions based on 40 CFR limitations that would otherwise apply, rulemaking record). 430.24(b), whichever is later. in exchange for regulatory-and In order to facilitate achievement of enforcement-related rewards and the ultimate VATIP limitations required I. Legal Authority incentives. by this program, today’s rule requires all This regulation establishes The VATIP effluent limitations for existing mills participating in the requirements for submitting a existing, direct discharging mills are VATIP to submit a Milestones Plan to Milestones Plan by existing, direct specified in 40 CFR 430.24(b). EPA the NPDES permitting authority discharging mills that choose to enroll established the VATIP for Subpart B to detailing, for each enrolled fiber line,
VerDate 18-JUN-99 10:00 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\A07JY0.050 pfrm03 PsN: 07JYR1 36582 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Rules and Regulations the strategy the mill will follow to anticipated dates of initiation and technology. Mills enrolling in the Tier develop and implement the completion of associated research, III level are additionally encouraged to technologies or processes it intends to process development, and mill trials. provide literature on closed cycle use to achieve the VATIP limitations EPA expects research, process technology. associated with the chosen incentive development, and mill trials to be D. Permit Writers’ Responsibilities tier. EPA proposed this amendment at undertaken for those technologies or the same time it promulgated the process modifications that are not EPA expects the permitting authority Cluster Rules, including the VATIP. See commercially available or demonstrated to use the information contained in 63 FR 18796 (April 15, 1998). on a full-scale basis at the time the plan these Milestones Plans, as well as its is developed. The Milestones Plan must own best professional judgment, to B. Rationale for the Milestones Plan also include the anticipated dates that establish enforceable narrative or The Milestones Plan described in this the technologies and processes numeric limitations and/or special amendment to 40 CFR 430.24 is identified in the Milestones Plan will be permit conditions that reflect these intended to provide information to the fully operational, including the interim milestones. EPA also expects permitting authority for its use in appropriate anticipated magnitude of permit writers to include reopener developing interim limitations and/or reductions in effluent quantity and clauses in the permits to adjust these permit conditions under 40 CFR anticipated improvements in effluent limitations and conditions as 430.24(b)(2). The purpose of those quality associated with each technology appropriate to reflect the results of limitations and conditions, identified as and process modification implemented research, process development, mill Best Professional Judgment Milestones as measured at the bleach plant (for trials, and contingencies the permit in the current regulation, is to ensure bleach plant, pulping area and writer gathers during periodic review of that existing mills enrolled in the evaporator condensates flow and BAT the mill’s progress in implementation of VATIP will make reasonable progress parameters other than Adsorbable the Milestones Plan. toward the achievement of the interim Organic Halides (AOX)) and at the end E. Changes Since Proposal and ultimate Voluntary Advanced of the pipe (for AOX), and the dates the Technology BAT limitations codified at discharger expects those reductions and EPA received comments on the 40 CFR 430.24(b)(3) and (4). The improvements to be achieved. See 40 proposed Milestones Plan regulation Milestones Plan required by today’s rule CFR 430.24(c)(3). The anticipated indicating that a mill may wish to claim is not itself enforceable, but rather reductions in effluent quantity and as Confidential Business Information serves as the basis for the Best improvement in effluent quality (CBI) the technologies or processes by Professional Judgment Milestones described in the Milestones Plan will which it intends to achieve the interim limitations and conditions, which are assist the permitting authority in and ultimate VATIP limitations. EPA enforceable. EPA intends that an establishing interim milestones. agrees that this situation could occur. individualized Milestones Plan for each The plan also must include Therefore, although not required to do existing mill enrolled in the VATIP will contingency plans in the event that any so, because Part 2 controls in any case, provide sufficient flexibility to the mill of the technologies or processes EPA is including language in the final and the permitting authority so that the specified in the Milestones Plan need to rule in Section 430.24(c) specifically Best Professional Judgment Milestones be adjusted or alternative approaches indicating that a mill can claim all or limitations and conditions in the developed to ensure that the VATIP part of the Milestones Plan as NPDES permit can reflect the unique limitations are achieved by the dates confidential. To assert such claims, the situation at that mill. specified in 40 CFR 430.24(b). See 40 discharger would need to follow procedures set forth in 40 CFR Part 2 C. Description of the Milestones Plan CFR 430.24(c)(4). EPA believes that contingency planning is appropriate and 40 CFR 122.7. Such claims would The Milestones Plan requirement is because mills may decide to employ then be handled pursuant to 40 CFR codified at 40 CFR 430.24(c). The innovative or untested technologies and Part 2 when EPA is the permitting Milestones Plan, which must address processes to achieve the VATIP authority and pursuant to applicable each fiber line enrolled in the VATIP, limitations, and EPA wants to ensure state rules and regulations governing must describe each envisioned new that achievement of those limitations CBI when states are the permitting technology component or process will not be delayed in the event certain authorities. modification the mill intends to preliminary approaches prove to be Today’s final regulation also requires implement in order to achieve the unsuccessful. Indeed, the time periods mills asserting a CBI claim to prepare a applicable Voluntary Advanced specified for complying with the public summary of the confidential Technology BAT limits. See 40 CFR ultimate Tier II and Tier III VATIP portion of the plan and to submit that 430.24(c)(1). In addition, the Milestones limitations specifically took into summary to the permitting authority Plan must include a master schedule account the uncertainties surrounding along with the Milestones Plan. This showing the sequence of implementing some of the associated technologies and requirement would allow the public, on the new technologies and process processes. See 63 FR at 18605. The request, to obtain information about the modifications and identifying critical Milestones Plan must be signed by the mill’s progress in achieving its VATIP path relationships within the sequence. responsible corporate officer as defined limitations. See 40 CFR 430.24(c)(2). in 40 CFR 122.22. See 40 CFR Today’s final regulation also corrects The Milestones Plan must include for 430.24(c)(5). an inadvertent omission that occurred each new technology or process Mills at all Tier levels are encouraged in the proposal. In the preamble to the modification, a schedule that identifies to provide, as an appendix to the proposed rule, EPA described the the anticipated initiation and Milestones Plan, vendor documentation proposed rule as including a completion dates of construction, or preliminary studies. Mills enrolling requirement for mills to describe in the installation and operational in either Tier II or III levels are also Milestones Plan the anticipated ‘‘shakedown’’ period associated with encouraged to provide feasibility reductions in effluent quantity and the technology components or process studies, research proposals and reports, improvements in effluent quality as modifications and, when applicable, the and literature on minimum effluent measured at the bleach plant (for bleach
VerDate 18-JUN-99 10:00 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\A07JY0.051 pfrm03 PsN: 07JYR1 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Rules and Regulations 36583 plant, pulping area and evaporator EPA finds that there is ‘‘good cause’’ generally is required to prepare a condensates flow and BAT parameters under section 553(b)(B) of the regulatory flexibility analysis describing other than Adsorbable Organic Halides Administrative Procedure Act, 5 U.S.C. the impact of a regulatory action on (AOX)) and at the end of the pipe (for 553(b)(B), to amend this table without small entities as part of the rulemaking. AOX). See 63 FR at 18798. EPA prior notice and comment. Due to the The RFA defines ‘‘small entity’’ to mean intended to include this provision in the technical nature of the table, further a small business, small organization or proposed regulatory text as well as in notice and comment would be small governmental jurisdiction. Under the preamble, but did not do so. Today’s unnecessary. section 605(b) of the RFA, if the final regulation incorporates this As a result of today’s technical Administrator certifies that the rule will provision at Section 430.24(c)(3). In the amendment pertaining to BMPs, EPA is not have a significant economic impact final regulation, EPA is also clarifying now authorized under the Paperwork on a substantial number of small that the requirement to include Reduction Act to conduct or sponsor the entities, EPA is not required to prepare contingency plans in the Milestones information collection requirements in a regulatory flexibility analysis. Plan is a stand-alone requirement rather 40 CFR 430.03. Similarly, all Pursuant to section 605(b) of the than simply a facet of the milestone dischargers subject to those Regulatory Flexibility Act, 5 U.S.C. schedules, as may have been implied by requirements now are required to 605(b), the Administrator certifies that the proposal. This provision is now set comply with them, consistent with the this rule will not have a significant forth at 40 CFR 430.24(c)(4). EPA is also deadlines set forth in 40 CFR 430.03(j). economic impact on a substantial making minor additional changes to The substantive BMP provisions number of small entities because there enhance clarity. The burden estimates covered by the OMB control number are are no small entities subject to the rule. developed by EPA for these provisions 40 CFR 430.03(c), (d), (e), (f), (g), (h), At the time EPA published the Cluster under the Paperwork Reduction Act and (I). Rule, EPA had determined that there reflected the requirements as were only three mills in Subpart B that promulgated today rather than as set IV. Administrative Requirements for were owned by small businesses (where forth in the proposed regulatory text. the Amendment to Part 430 small businesses are defined as firms employing no more than 750 workers) III. The Technical Amendments to A. Executive Order 12866, Regulatory Planning and Review (63 FR 18504, 18611–12 (April 15, Part 9 1998)). EPA has since determined that EPA is also amending the table of Under Executive Order 12866, 58 FR there are no longer any small businesses currently approved information 51735 (October 4, 1993), the Agency in Subpart B because these mills are no collection request (ICR) control numbers must determine whether the regulatory longer owned by firms with fewer than issued by the Office of Management and action is ‘‘significant’’ and therefore 750 employees. The mills that were Budget (OMB) for various regulations. subject to OMB review and the owned by small firms have been bought Today’s amendment updates the table to requirements of the Executive Order. by larger firms or are owned by list the information requirements The Order defines ‘‘significant companies that have increased in size. promulgated under today’s Milestones regulatory action’’ as one that is likely Plan amendment, as well as the to result in a rule that may: C. Paperwork Reduction Act information requirements for direct and (1) Have an annual effect on the The Office of Management and Budget indirect dischargers associated with the economy of $100 million or more or (OMB) has approved the information best management practices (BMPs) adversely affect in a material way the collection requirements contained in promulgated as part of the Pulp and economy, a sector of the economy, this rule under the provisions of the Paper Cluster Rules, which appeared in productivity, competition, jobs, the Paperwork Reduction Act, 44 U.S.C. the Federal Register on April 15, 1998. environment, public health or safety, or 3501 et seq. and has assigned OMB See 63 FR 18504. The affected State, local, or tribal governments or control number 2040–0202. regulations are codified at 40 CFR communities; These information collection 430.24(c) (the Milestones Plan) and 40 (2) Create a serious inconsistency or activities consist of a Milestones Plan to CFR 430.03 (BMPs). The OMB control otherwise interfere with an action taken be submitted by facilities that enroll in number for 40 CFR 430.24 is 2040–0202 or planned by another agency; the Voluntary Advanced Technology and 40 CFR 430.03 is 2040–0207. (3) Materially alter the budgetary Incentives Program (VATIP) to the EPA will continue to present OMB impact of entitlements, grants, user fees, NPDES permitting authority. This control numbers in a consolidated table or loan programs or the rights and Milestones Plan specifies research, format to be codified in 40 CFR Part 9 obligations of recipients thereof; or construction, and other activities of the Agency’s regulations, and in each (4) Raise novel legal or policy issues leading to achievement of the VATIP CFR volume containing EPA arising out of legal mandates, the effluent limitations with accompanying regulations. The table lists CFR citations President’s priorities, or the principles dates for achieving these milestones. with reporting and/or recordkeeping set forth in the Executive Order. The purpose of the Milestones Plan is to requirements, and the current OMB Pursuant to the terms of Executive provide the permitting authority with control numbers. This listing of the Order 12866, it has been determined mill-specific information upon which to OMB control numbers and their that this rule is not a ‘‘significant base permit requirements reflecting subsequent codification in the CFR regulatory action’’ and is therefore not reasonable interim milestones. A facility satisfies the requirements of the subject to OMB review. may submit their Milestones Plan to the Paperwork Reduction Act (44 U.S.C. NPDES permitting authority as B. Regulatory Flexibility Act as 3501 et seq.) and OMB’s implementing confidential business information (CBI), Amended by the Small Business regulations at 5 CFR Part 1320. however, the mill must prepare and Regulatory Enforcement Fairness Act These ICRs were previously subject to submit to the NPDES permitting public notice and comment prior to Under the Regulatory Flexibility Act authority a summary of the plan for OMB approval. See 63 FR 71634 (Dec. (RFA), 5 U.S.C. 601 et seq. as amended public release. 28, 1998) (BMPs); 63 FR 57294 (Oct. 27, by the Small Business Regulatory EPA estimates 56, 154, and 328 hours 1998) (Milestones Plan). As a result, Enforcement Fairness Act, EPA for the preparation and submittal of the
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Milestones Plan for mills enrolling in or more in any one year. Before costs incurred by those governments, or Tier I, Tier II, and Tier III of the VATIP, promulgating an EPA rule for which a EPA consults with those governments. If respectively. The Agency anticipates 14 written statement is needed, section 205 EPA complies by consulting, Executive mills to enroll in Tier I, 13 mills to of the UMRA generally requires EPA to Order 12875 requires EPA to provide to enroll in Tier II, and 2 mills to enroll in identify and consider a reasonable OMB a description of the extent of Tier III. number of regulatory alternatives and EPA’s prior consultation with Estimating $65 and $100 per hour for adopt the least costly, most cost- representatives of affected State, local process engineering time and senior effective or least burdensome alternative and tribal governments, the nature of management time, respectively (labor that achieves the objectives of the rule. their concerns, any written plus overhead), mills will incur a one- The provisions of section 205 do not communications from the governments, time cost burden of $3,990 for apply when they are inconsistent with and a statement supporting the need to enrollment in Tier I, $11,120 for applicable law. Moreover, section 205 issue the regulation. In addition, enrollment in Tier II, and $23,840 for allows EPA to adopt an alternative other Executive Order 12875 requires EPA to enrollment in Tier III. These estimates than the least costly, most cost-effective develop an effective process permitting include vendor documentation or or least burdensome alternative if the elected officials and other preliminary studies at all Tier levels and Administrator publishes with the final representatives of State, local and tribal additional feasibility studies, research rule an explanation why that alternative governments ‘‘to provide meaningful proposals and reports, and literature at was not adopted. Before EPA establishes and timely input in the development of Tier II and III levels. any regulatory requirements that may regulatory proposals containing Burden means the total time, effort, or significantly or uniquely affect small significant unfunded mandates.’’ financial resources expended by persons governments, including tribal Today’s amendment to Part 430 does to generate, maintain, retain, or disclose governments, it must have developed not create a mandate on State, local or or provide information to or for a under section 203 of the UMRA a small tribal governments. The rule does not Federal agency. This includes time government agency plan. The plan must impose any enforceable duties on these needed to: review instructions; develop, provide for notifying potentially entities. Accordingly, the requirements acquire, install, and utilize technology affected small governments, enabling of section 1(a) of Executive Order 12875 and systems for the purposes of officials of affected small governments do not apply to this rule. collecting, validating, and verifying to have meaningful and timely input in F. Executive Order 13084, Consultation information, processing and the development of EPA regulatory maintaining information and disclosing and Coordination With Indian Tribal proposals with significant Federal Governments and providing information; adjust the intergovernmental mandates, and existing ways to comply with previously informing, educating, and advising Under Executive Order 13084, EPA applicable instructions and small governments on compliance with may not issue a regulation that is not requirements; train personnel to be able the regulatory requirements. required by statute that significantly or to respond to the collection of EPA published a notice of proposed uniquely affects the communities of information; search data sources; rulemaking for today’s amendment at 63 Indian tribal governments, and that complete and review the collection of FR 18796 (April 15, 1998). Today’s rule imposes substantial direct compliance information and transmit or otherwise contains no Federal mandates (under costs on those communities, unless the disclose the information. the provisions of Title II of the UMRA) Federal government provides the funds An Agency may not conduct or for State, local, or tribal governments or necessary to pay the direct compliance sponsor a collection of information, and the private sector. The rule imposes no costs incurred by the tribal a person is not required to respond to enforceable duty on any State, local or governments, or EPA consults with a collection of information unless it tribal governments or the private sector. those governments. If EPA complies by displays a currently valid OMB control The VATIP, which now requires the consulting, Executive Order 13084 number. The OMB control numbers for submission of a Milestones Plan, is a requires EPA to provide to OMB, in a PRA’s regulations are listed in 40 CFR voluntary program. The UMRA excludes separately identified section of the Part 9 and 48 CFR Chapter 15. EPA is from the definition of ‘‘Federal private preamble to the rule, a description of amending the table in 40 CFR Part 9 of sector mandate’’ duties that arise from the extent of EPA’s prior consultation currently approved ICR control numbers participation in a Federal voluntary with representatives of affected tribal issued by OMB for various regulations program. Thus, this rule is not subject governments, a summary of the nature to list the information requirements to the requirements of sections 202 and of their concerns, and a statement contained in this final rule. 205 of the UMRA. Further, EPA has supporting the need to issue the determined that this rule does not affect regulation. In addition, Executive Order D. Unfunded Mandates Reform Act any small governments. The rule 13084 requires EPA to develop an (UMRA) contains no regulatory requirements that effective process permitting elected Title II of the Unfunded Mandates might significantly or uniquely affect officials and other representatives of Reform Act of 1995 (UMRA), Public small governments. Thus, this rule is Indian tribal governments ‘‘to provide Law 104–4, establishes requirements for not subject to the requirements of meaningful and timely input in the Federal agencies to assess the effects of section 203 of UMRA. development of regulatory policies on their regulatory actions on State, local, matters that significantly or uniquely and tribal governments and the private E. Executive Order 12875, Enhancing affect their communities.’’ sector. Under section 202 of the UMRA, the Intergovernmental Partnership Today’s rule does not significantly or EPA generally must prepare a written Under Executive Order 12875, EPA uniquely affect the communities of statement, including a cost-benefit may not issue a regulation that is not Indian tribal governments. Today’s analysis, for proposed and final rules required by statute and that creates a amendment to Part 430 does not create with ‘‘Federal mandates’’ that may mandate upon a State, local or tribal a mandate on tribal governments. It does result in expenditures to State, local, government, unless the Federal not impose any enforceable duties or and tribal governments, in the aggregate, government provides the funds substantial direct compliance costs on or to the private sector, of $100 million necessary to pay the direct compliance them. Accordingly, the requirements of
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Section 3(b) of Executive Order 13084 not consider the use of any voluntary and to the Comptroller General of the do not apply to this rule. consensus standards. United States. EPA will submit a report containing this rule and the technical G. Executive Order 12898 V. Administrative Requirements for the amendments and other required Technical Amendments to Part 9 Executive Order 12898 directs Federal information to the U.S. Senate, the U.S. agencies to ‘‘determine whether their Under Executive Order 12866 (58 FR House of Representatives, and the programs, policies, and activities have 51735, October 4, 1993), the technical Comptroller General of the United disproportionally high adverse human amendment to Part 9 is not a States prior to publication of the rule in health or environmental effects on ‘‘significant regulatory action’’ and is the Federal Register. A major rule minority populations and low-income therefore not subject to review by the cannot take effect until 60 days after it populations.’’ (Sec. 3–301 and Sec. 3– Office of Management and Budget. In is published in the Federal Register. 302). This rule will not have any addition, the technical amendment does This action is not a major rule as adverse health or environmental effects not impose any enforceable duty, defined by 5 U.S.C. Section 804(2). This on those populations. contain any unfunded mandate, or rule will be effective August 6, 1999. impose any significant or unique impact H. Executive Order 13045, Protection of on small governments as described in List of Subjects Children From Environmental Health the Unfunded Mandates Reform Act of 40 CFR Part 9 Risks and Safety Risks 1995 (Pub. L. 104–4). The technical amendment also does not require prior Reporting and recordkeeping Executive Order 13045 (62 FR 19885, requirements. April 23, 1997) applies to any rule consultation with State, local, and tribal initiated after April 21, 1997, or government officials as specified by 40 CFR Part 430 proposed after April 21, 1998, that (1) is Executive Order 12875 (58 FR 58093, October 28, 1993) or Executive Order Environmental protection, Pulp and determined to be ‘‘economically 13084 (63 FR 27655 (May 10, 1998), or paper products industry, Reporting and significant’’ as defined under Executive involve special consideration of recordkeeping requirements, Water Order 12866; and (2) concerns an environmental justice related issues as pollution control. environmental health or safety risk that required by Executive Order 12898 (59 Dated: June 30, 1999. EPA has reason to believe may have a FR 7629, February 16, 1994). Because disproportionate effect on children. If Carol M. Browner, this action is not subject to notice-and- the regulatory action meets these Administrator. comment requirements under the criteria, the Agency must evaluate the For the reasons set forth in the Administrative Procedure Act or any environmental health or safety effects of preamble, title 40 chapter I of the Code other statute, it is not subject to the the planned rule on children, and of Federal Regulations, parts 9 and 430, regulatory flexibility provisions of the are amended as follows: explain why the planned regulation is Regulatory Flexibility Act (5 U.S.C. 601 preferable to other potentially effective et seq.). This portion of today’s rule also and reasonably feasible alternatives PART 9ÐOMB APPROVALS UNDER is not subject to Executive Order 13045 THE PAPERWORK REDUCTION ACT considered by the Agency. (62 FR 19885, April 23, 1997) because Today’s amendment to Part 430 is not it is not economically significant as 1. The authority citation for part 9 subject to Executive Order 13045 defined under Executive Order 12866. continues to read as follows: because the Notice of Proposed Further, EPA interprets Executive Order Authority: 7 U.S.C 135 et seq., 136–136y; Rulemaking was published before April 13045 as applying only to those 15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; 21, 1998, and because it is not an regulatory actions that are based on 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 economically significant rule as defined health or safety risks, such that the U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, under Executive Order 12866. analysis required under section 5–501 of 1321, 1326, 1330, 1342, 1344, 1345(d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, I. National Technology Transfer and the Order has the potential to influence the regulation. Today’s technical 1971–1975 Comp. p. 973; 42 U.S.C. 241, Advancement Act 242b, 243, 246, 300f, 300g, 300g–1, 300g–2, amendment is not subject to Executive As noted in the proposed rule, 300g–3, 300g–4, 300g–5, 300g–6, 300j–1, Order 13045 because it does not 300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., Section 12(d) of the National establish an environmental standard 6901–6992k, 7401–7671q, 7542, 9601–9657, Technology Transfer and Advancement intended to mitigate health or safety 11023, 11048. Act (‘‘NTTAA’’), Public Law 104–113, risks. EPA’s compliance with these 12(d) (15 U.S.C. 272 note) directs EPA 2. In § 9.1, the table is amended by statutes and Executive Orders for the adding entries in numerical order under to use voluntary consensus standards in underlying requirements is discussed its regulatory activities unless to do so the indicated heading ‘‘Pulp, Paper, and above for the Milestones Plan and, for Paperboard Point Source Category’’ and would be inconsistent with applicable the BMP requirements in the Federal law or otherwise impractical. Voluntary by removing the entry for ‘‘430.24– Register Final Rule publishing those 430.27’’ to read as follows: consensus standards are technical requirements. See 63 FR at 18611–16 standards (e.g., materials specifications, (April 15, 1998). § 9.1 OMB approvals under the Paperwork test methods, sampling procedures, Reduction Act. business practices) that are developed or VI. Congressional Review Act adopted by voluntary consensus The Congressional Review Act, 5 40 CFR citation OMB control standards bodies. The NTTAA directs U.S.C. Section 801 et seq., as added by No. EPA to provide Congress, through the the Small Business Regulatory Office of Management and Budget, an Enforcement Fairness Act of 1996, ***** explanation when the Agency decides generally provides that before a rule Pulp, Paper, and Paperboard not to use available and potentially may take effect, the agency Point Source Category: applicable voluntary consensus promulgating the rule must submit a standards. This action does not involve rule report, which includes a copy of ***** technical standards. Therefore, EPA did the rule, to each House of the Congress 430.03 ...... 2040±0207
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NPDES permitting authority a summary ENVIRONMENTAL PROTECTION 40 CFR citation OMB control No. of the plan for public release. The AGENCY Milestones Plan must include the following information: 40 CFR Part 52 ***** 430.24(a) ...... 2040±0033 (1) A description of each anticipated [TX±92±1±7368; FRL±6342±9] 430.24(b) ...... 2040±0033 new technology component or process 2040±0202 modification that the discharger intends Approval and Promulgation of Air Quality Implementation Plans; Texas; 430.24(c) ...... 2040±0202 to implement in order to achieve the 430.24(d) ...... 2040±0033 Revised Format for Materials Being limitations in paragraphs (b)(3) and 430.24(e) ...... 2040±0033 Incorporated by Reference 430.25±430.27 ...... 2040±0033 (b)(4) of this section; (2) A master schedule showing the AGENCY: Environmental Protection ***** sequence of implementing the new Agency (EPA). technology components or process ACTION: Final rule; notice of PART 430ÐTHE PULP, PAPER, AND modifications and identifying critical administrative change. PAPERBOARD POINT SOURCE path relationships within the sequence; CATEGORY SUMMARY: The EPA is revising the (3) A schedule for each individual format of 40 Code of Federal 1. The authority citation for part 430 new technology component or process Regulations (CFR) part 52 for materials continues to read as follows: modification that includes: submitted by Texas that are Authority: Sections 301, 304, 306, 307, (i) The anticipated initiation and incorporated by reference (IBR) into the 308, 402, and 501 of the Clean Water Act, as completion dates of construction, State Implementation Plans (SIPs). The amended, (33 U.S.C. 1311, 1314, 1316, 1317, installation and operational regulations affected by this format 1318, 1342, and 1361), and Section 112 of ‘‘shakedown’’ period associated with change have all been previously Clean Air Act, as amended (42 U.S.C. 7412). submitted by the respective State agency the technology components or process and approved by EPA. This format 2. Section 430.24 is amended by modifications and, when applicable, the revision will primarily affect the revising paragraph (b)(2) and adding anticipated dates of initiation and paragraph (c) to read as follows: ‘‘Identification of plan’’ of 40 CFR completion of associated research, 52.2270, as well as the format of the SIP § 430.24 Effluent limitations representing process development, and mill trials; materials that will be available for the degree of effluent reduction attainable (ii) The anticipated dates that the public inspection at the EPA Region 6 by the application of best available discharger expects the technologies and technology economically achievable (BAT). office, the Air and Radiation Docket and process modifications selected to Information Center located in Waterside * * * * * achieve the limitations specified in Mall, Washington, DC., and the Office of (b) * * * the Federal Register. The sections of 40 (2) Best Professional Judgment paragraphs (b)(3) and (b)(4) of this CFR 52.2270 pertaining to provisions Milestones: Narrative or numeric section to be operational on a full-scale promulgated by EPA or State-submitted limitations and/or special permit basis; and materials not subject to IBR review and conditions, as appropriate, established (iii) The anticipated magnitude of 40 CFR 52.2271 through 52.2309 remain by the permitting authority on the basis reductions in effluent quantity and the unchanged. The EPA has determined of his or her best professional judgment anticipated improvements in effluent that good cause exists for issuing this that reflect reasonable interim quality associated with each technology rule without public comment. milestones toward achievement of the and process modification implemented EFFECTIVE DATE: This action is effective effluent limitations specified in as measured at the bleach plant (for July 7, 1999. paragraphs (b)(3) and (b)(4) of this bleach plant, pulping area and ADDRESSES: section, as applicable, after evaporator condensates flow and BAT The SIP materials which are incorporated by reference into 40 CFR consideration of the Milestones Plan parameters other than Adsorbable part 52 are available for inspection at submitted by the discharger in Organic Halides (AOX)) and at the end the following locations: accordance with paragraph (c) of this of the pipe (for AOX), and the dates the section. discharger expects those reductions and Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite * * * * * improvements to be achieved; (c) All dischargers enrolled or 700, Dallas, Texas 75202–2733; intending to enroll in the Voluntary (4) Contingency plans in the event Office of Air and Radiation, Docket and Advanced Technology Incentives that any technology or process specified Information Center (Air Docket), EPA, Program must submit to the NPDES in the Milestones Plan need to be 401 M Street, SW, Room M1500, permitting authority a Milestones Plan adjusted or alternative approaches Washington, DC 20460; and covering all fiber lines enrolled or developed to ensure that the limitations Office of the Federal Register, 800 North intended to be enrolled in that program specified in paragraphs (b)(3)and (b)(4) Capitol Street, NW, Suite 700, at their mill by October 5, 1999 or the of this section are met; and Washington, DC. date the discharger applies for an (5) A signature by the responsible FOR FURTHER INFORMATION CONTACT: Mr. NPDES permit containing limitations corporate officer as defined in 40 CFR Paul Scoggins, Air Planning Section and conditions based on paragraph (b) 122.22. (6PD–L) at the above Region 6 address of this section, whichever is later. Mills or at (214) 665–7354. * * * * * may claim all or part of the Milestones SUPPLEMENTARY INFORMATION: Plan as confidential business [FR Doc. 99–17207 Filed 7–6–99; 8:45 am] information (CBI) in accordance with 40 BILLING CODE 6560±50±P Background CFR Part 2 and 40 CFR 122.7. If a mill Each State is required by section claims all or part of the plan as CBI, the 110(a)(1) of the Clean Air Act (Act), to mill must prepare and submit to the have a SIP that contains the control
VerDate 18-JUN-99 10:00 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\A07JY0.058 pfrm03 PsN: 07JYR1 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Rules and Regulations 36587 measures and strategies which will be Content of Revised IBR Document nonregulatory provisions, such as used to attain and maintain the national The new SIP compilations contain the transportation control measures, ambient air quality standards. The SIP federally-approved portion of State statutory provisions, control strategies, is extensive, containing such elements regulations and source specific permits monitoring networks, etc. as emission inventories, monitoring submitted by each State agency. These Enforceability and Legal Effect network, attainment demonstrations, regulations and source-specific permits This change to the procedures for and enforcement mechanisms. The have all been approved by EPA through control measures and strategies must be incorporation by reference announced previous rulemaking actions in the today will not alter in any way the formally adopted by each State after the Federal Register. The SIP compilations public has had an opportunity to enforceability or legal effect of approved are stored in 3-ring binders and will be SIP materials, including both those comment on them. They are then updated primarily on an annual basis. submitted to EPA as SIP revisions on approved in the past or to be approved If no significant changes are made for in the future. As of the effective date of which EPA must formally act. any State to the SIP during the year, an Once these control measures are the final rule approving a SIP revision, update will not be made during that all provisions identified in the Federal approved by EPA pursuant to 110(k) of year. If significant changes occur during the Act, after notice and comment, they Register document announcing the SIP the year, an update could be done on a approval will be federally enforceable, are incorporated into the SIP and are more frequent basis, as applicable. identified in part 52 (Approval and both by EPA under section 113 of the Typically, only the revised sections of Act and by citizens under section 304 of Promulgation of Implementation Plans) the compilation will be updated. the Act, where applicable. All revisions of 40 CFR. The actual State regulations Complete resubmittals of a State SIP to the applicable SIP are federally which are approved by EPA are not compilation will be done on an as- enforceable as of the effective date of reproduced in their entirety in 40 CFR needed basis. EPA approval even if they have not yet part 52, but are ‘‘incorporated by Each compilation contains two parts. been incorporated by reference. To reference,’’ which means that the Part 1 contains the regulations and Part facilitate enforcement of previously citation of a given State regulation with 2 contains the source-specific permits approved SIP provisions and provide a a specific effective date has been that have been approved as part of the smooth transition to the new SIP approved by EPA. This format allows SIP. Each part has a table of contents processing system, EPA is retaining the both EPA and the public to know which identifying each regulation or each original ‘‘Identification of Plan’’ section, measures are contained in a given SIP source specific permit. The table of previously appearing in the CFR as the and ensures that the State is enforcing contents in the compilation corresponds first or second section of part 52 for the regulations. It also allows EPA to to the table of contents published in 40 each State subpart. take enforcement action, or the public to CFR part 52 for these States. The bring citizen suits, should a State not regional EPA offices have the primary Notice of Administrative Change enforce its SIP-approved regulations. responsibility for ensuring accuracy and Today’s action constitutes a The SIP is an active or changing updating the compilations. The Region ‘‘housekeeping’’ exercise to ensure that document which can be revised by the 6 EPA Office developed and will federally approved State plans are State as necessary to address the unique maintain the compilations for Texas. A accurately reflected in 40 CFR part 52. air pollution problems in the State as copy of the full text of the State’s State SIP revisions are controlled by long as changes are not contrary to current compilation will also be EPA Regulations at 40 CFR part 51. Federal law. Therefore, EPA, from time maintained at the Office of Federal When EPA receives a formal SIP to time, must take action to incorporate Register and EPA’s Air Docket and revision request, the Agency must into the SIP, revisions of the State Information Center. The EPA is publish the proposed revision in the program which may contain new and/or beginning the phasing in of SIP Federal Register and provide for public revised regulations. Regulations compilations for individual States, and comment before approval. approved into the SIP are then expects to complete the conversion of The EPA has determined that today’s incorporated by reference into part 52. the revised ‘‘Identification of plan’’ rule falls under the ‘‘Good Cause’’ Pursuant to 110(h)(1) of the Act and as format and IBR documentation for all exemption in section 553(b)(3)(B) of the a result of consultations between EPA states by May 1999. This revised format Administrative Procedures Act (APA) and the Office of Federal Register, EPA is consistent with the SIP compilation which, upon finding good cause, revised the procedures May 22, 1997 (62 requirements of section 110(h)(1) of the authorizes agencies to dispense with FR 27968), for incorporating by Act. public participation and section reference federally-approved SIPs and 553(d)(3) which allows an agency to began the process of developing: (1) a Revised Format of the ‘‘Identification of make a rule effective immediately revised SIP document for each State that Plan’’ Sections in Each Subpart (thereby avoiding the 30-day delayed would be incorporated by reference In order to better serve the public, effective date otherwise provided for in under the provisions of 1 CFR part 51, EPA is revising the organization of the the APA). Today’s rule simply codifies (2) a revised mechanism for announcing ‘‘Identification of plan’’ section of 40 provisions which are already in effect as EPA approval of revisions to an CFR 52.2270. The EPA is including a matter of law in Federal and approved applicable SIP and updating both the additional information which will more State programs. IBR document and the CFR, and (3) a clearly identify the provisions that Under section 553 of the APA, an revised format of the ‘‘Identification of constitute the enforceable elements of agency may find good cause where plan’’ sections for each applicable the SIP. procedures are ‘‘impractical, subpart to reflect these revised IBR The revised ‘‘Identification of plan’’ unnecessary, or contrary to the public procedures. The description of the section will contain five subsections: (a) interest.’’ Public comment is revised SIP document, IBR procedures Purpose and scope; (b) Incorporation by unnecessary since the codification only and ‘‘Identification of plan’’ format are reference; (c) EPA approved regulations; reflects existing law. Immediate revision discussed in further detail in the May (d) EPA approved source-specific to the CFR benefits the public by 22, 1997, Federal Register document. permits; and (e) EPA approved removing outdated citations.
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Administrative Requirements D. Executive Order 13084 of a flexibility analysis would constitute Federal inquiry into the economic A. Executive Order (E.O.) 12866 Under E.O. 13084, EPA may not issue a regulation that is not required by reasonableness of state actions. The The Office of Management and Budget statute, that significantly or uniquely Clean Air Act forbids EPA to base its has exempted this regulatory action affects the communities of Indian tribal actions concerning SIPs on such from E.O. 12866, entitled ‘‘Regulatory governments, and that imposes grounds. Union Electric Co. v. U.S. EPA, Planning and Review.’’ substantial direct compliance costs on 427 U.S. 246, 255–66 (1976); 42 U.S.C. 7410(a)(2). B. Executive Order 12875 those communities, unless the Federal government provides the funds F. Unfunded Mandates Under E.O. 12875, EPA may not issue necessary to pay the direct compliance Under section 202 of the Unfunded a regulation that is not required by costs incurred by the tribal statute and that creates a mandate upon Mandates Reform Act of 1995, signed governments. If EPA complies by into law on March 22, 1995, EPA must a state, local, or tribal government, consulting, E.O. 13084 requires EPA to unless the Federal government provides prepare a budgetary impact statement to provide to the OMB, in separately accompany any proposed or final rule the funds necessary to pay the direct identified section of the preamble to the compliance costs incurred by those that includes a Federal mandate that rule, a description of the extent of EPA’s may result in estimated costs to State, governments. If EPA complies by prior consultation with representatives consulting, E.O. 12875 requires EPA to local, or tribal governments in the of affected tribal governments, a aggregate; or to private sector, of $100 provide to the OMB a description of the summary of the nature of their concerns, extent of EPA’s prior consultation with million or more. Under section 205, and a statement supporting the need to EPA must select the most cost-effective representatives of affected state, local, issue the regulation. In addition, E.O. and tribal governments, the nature of and least burdensome alternative that 13084 requires EPA to develop an achieves the objectives of the rule and their concerns, copies of written effective process permitting elected communications from the governments, is consistent with statutory officials and other representatives of requirements. Section 203 requires EPA and a statement supporting the need to Indian tribal governments ‘‘to provide issue the regulation. In addition, E.O. to establish a plan for informing and meaningful and timely input in the advising any small governments that 12875 requires EPA to develop an development of regulatory policies on effective process permitting elected may be significantly or uniquely matters that significantly or uniquely impacted by the rule. officials and other representatives of affect their communities.’’ state, local, and tribal governments ‘‘to The EPA has determined that the Today’s rule does not significantly or approval action promulgated does not provide meaningful and timely input in uniquely affect the communities of the development of regulatory proposals include a Federal mandate that may Indian tribal governments. This action result in estimated costs of $100 million containing significant unfunded does not involve or impose any mandates.’’ or more to either State, local, or tribal requirements that affect Indian tribes. governments in the aggregate, or to the Today’s rule does not create a The rule does not impose any private sector. This Federal action mandate on state, local, or tribal enforceable duties on these entities. approves preexisting requirements governments. The rule does not impose Accordingly, the requirements of under State or local law, and imposes any enforceable duties on these entities. section 3(b) of E.O. 13084 do not apply no new requirements. Accordingly, no Accordingly, the requirements of to this rule. additional costs to State, local, or tribal section 1(a) of E.O. 12875 do not apply governments, or to the private sector, to this rule. E. Regulatory Flexibility Act result from this action. C. Executive Order 13045 The Regulatory Flexibility Act, 5 U.S.C. 600 et seq., generally requires an G. Submission to Congress and the E.O. 13045, entitled ‘‘Protection of agency to conduct a regulatory Comptroller General Children from Environmental Health flexibility analysis of any rule subject to The Congressional Review Act, 5 Risks and Safety Risks’’ (62 FR 19885, notice and comment rulemaking U.S.C. 801 et seq., as added by the Small April 23, 1997), applies to any rule that requirements unless the agency certifies Business Regulatory Enforcement EPA determines: (1) is determined to be that the rule will not have a significant Fairness Act of 1996, generally provides ‘‘economically significant’’ as defined economic impact on a substantial that before a rule may take effect, the under E.O. 12866, and (2) concerns an number of small entities. Small entities agency promulgating the rule must environmental health or safety risks that include small businesses, small not-for- submit a rule report, which includes a EPA has reason to believe may have a profit enterprises, and small government copy of the rule, to each House of disproportionate effect on children. If jurisdictions. This final rule will not Congress and to the Comptroller General the regulatory action meets both criteria, have a significant impact on a of the United States. The EPA will the Agency must evaluate the substantial number of small entities submit a report containing this rule and environmental health or safety effects of because the SIP approvals under section other required information to the U.S. the planned rule on children, and 110 and subchapter I, part D of the Senate, the U.S. House of explain why the planned regulation is Clean Air Act do not create any new Representatives, and the Comptroller preferable to other potentially effective requirements but simply approve General of the United States prior to and reasonably feasible alternatives requirements that the State is already publication of the rule in the Federal considered by the Agency. imposing. Therefore, because the Register. This rule is not a ‘‘major rule’’ This rule is not subject to E.O. 13045 Federal SIP approval does not create as defined by 5 U.S.C. 804(2). because it is not an economically any new requirements, I certify that this significant regulatory action as defined action will not have a significant H. Petitions for Judicial Review by E.O. 12866, and it does not address economic impact on a substantial The EPA has also determined that the an environmental health or safety risk number of small entities. Moreover, due provisions of section 307(b)(1) of the that would have a disproportionate the nature of the Federal-State Clean Air Act pertaining to petitions for effect on children. relationship under the Act, preparations judicial review are not applicable to this
VerDate 18-JUN-99 16:03 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\07JYR1.XXX pfrm01 PsN: 07JYR1 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Rules and Regulations 36589 action. Prior EPA rulemaking actions PART 52Ð[AMENDED] to December 31, 1998, was approved for approving each individual component incorporation by reference by the 1. The authority for citation for part of Texas SIP compilations had Director of the Federal Register in 52 continues to read as follows: previously afforded interested parties accordance with 5 U.S.C. 552(a) and 1 the opportunity to file a petition for Authority: 42 U.S.C. 7401 et seq. CFR part 51. Material is incorporated as it exists on the date of the approval, and judicial review in the United States Subpart SSÐTexas Court of Appeals for the appropriate notice of any change in the material will circuit within 60 days of such 2. Section 52.2270 is redesignated as be published in the Federal Register. rulemaking action. Thus, EPA sees no § 52.2299 and the section heading and Entries in paragraph (c) of this section need in this action to reopen the 60-day paragraph (a) are revised to read as with EPA approval dates after December period for filing such petitions for follows: 31, 1998, will be incorporated by judicial review for this ‘‘Identification of reference in the next update to the SIP § 52.2299 Original identification of plan compilation. plan’’ reorganization action for Texas. section. (2) EPA Region 6 certifies that the List of Subjects in 40 CFR Part 52 (a) This section identifies the original rules/regulations provided by EPA in ‘‘Texas Air Pollution Control the SIP compilation at the addresses in Environmental protection, Air Implementation Plan’’ and all revisions paragraph (b)(3) are an exact duplicate pollution control, Carbon monoxide, submitted by Texas that were federally of the officially promulgated State rules/ Hydrocarbons, Incorporation by approved prior to December 31, 1998. regulations which have been approved reference, Intergovernmental relations, * * * * * as part of the State Implementation Plan Lead, Nitrogen dioxide, Ozone, 3. A new § 52.2270 is added to read as of December 31, 1998. Particulate matter, Reporting and as follows: (3) Copies of the materials recordkeeping requirements, Sulfur § 52.2270 Identification of plan. incorporated by reference may be oxides. (a) Purpose and scope. This section inspected at the Region 6 EPA Office at Dated: April 29, 1999. sets forth the applicable State 1445 Ross Avenue, Suite 700, Dallas, Gregg A. Cooke, Implementation Plan (SIP) for Texas Texas, 75202–2733; the EPA, Air and Radiation Docket and Information Regional Administrator, Region 6. under section 110 of the Clean Air Act, 42 U.S.C. 7410, and 40 CFR part 51 to Center, Air Docket (6102), 401 M Street, Part 52 of chapter I, title 40, Code of meet national ambient air quality SW, Washington, DC 20460; or at the Federal Regulations, is amended as standards. Office of Federal Register, 800 North follows: (b) Incorporation by reference. (1) Capitol Street, NW, Suite 700, Material listed in paragraph (c) of this Washington, DC. section with an EPA approval date prior (c) EPA approved regulations.
EPA APPROVED REGULATIONS IN THE TEXAS SIP
State approval/Submittal State citation Title/Subject date EPA approval date Explanation
Chapter 101ÐGeneral Rules
Section 101.1 ...... Definitions ...... 08/16/93 ...... 08/19/97, 62 FR 44083 ..... Ref 52.2299(c)(102). Section 101.1 Table I ...... DefinitionsÐMajor Source/ 05/08/92 ...... 09/27/95, 60 FR 49781 ..... Ref 52.2299(c)(97). Major Modification Emis- sion Thresholds. Section 101.1 Table II ...... DefinitionsÐList of Syn- 12/03/82 ...... 06/26/85, 50 FR 26362 ..... Ref 52.2299(c)(61). Note: thetic Organic Chemi- 52.2299(c) (97)(i)(O) cals. only changed the table # from Table I to Table II. Section 101.2 ...... Multiple air Contaminant 04/13/73 ...... 06/22/73, 38 FR 16568 ..... Ref 52.2299(c)(7). Sources or Properties. Section 101.3 ...... Circumvention ...... 04/13/73 ...... 06/22/73, 38 FR 16568 ..... Ref 52.2299(c)(7). Section 101.4 ...... Nuisance ...... 04/13/73 ...... 06/22/73, 38 FR 16568 ..... Ref 52.2299(c)(7). Section 101.5 ...... Traffic Hazard ...... 04/13/73 ...... 06/22/73, 38 FR 16568 ..... Ref 52.2299(c)(7). Section 101.6 ...... Notification Requirements 04/13/73 ...... 06/22/73, 38 FR 16568 ..... Ref 52.2299(c)(7). for Major Upset. Section 101.7 ...... Notification Requirements 04/13/73 ...... 06/22/73, 38 FR 16568 ..... Ref 52.2299(c)(7). for Maintenance. Section 101.8 ...... Sampling ...... 12/11/73 ...... 01/27/82, 47 FR 03767 ..... Ref 52.2299(c)(33). Section 101.9 ...... Sampling Ports ...... 04/13/73 ...... 06/22/73, 38 FR 16568 ..... Ref 52.2299(c)(7). Section 101.10 ...... Emission Inventory Re- 10/15/92 ...... 08/26/94, 59 FR 44036 ..... Ref 52.2299(c)(82). quirements. Section 101.11 ...... Exemptions from Rules 04/13/73 ...... 06/22/73, 38 FR 16568 ..... Ref 52.2299(c)(7). and Regulations. Section 101.12 ...... Board Seal ...... 04/13/73 ...... 06/22/73, 38 FR 16568 ..... Ref 52.2299(c)(7). Section 101.13 ...... Use and Effect of Rules .... 04/13/73 ...... 06/22/73, 38 FR 16568 ..... Ref 52.2299(c)(7). Section 101.14 ...... Sampling Procedures and 04/13/73 ...... 06/22/73, 38 FR 16568 ..... Ref 52.2299(c)(7). Terminology. Section 101.15 ...... Petition for Variance ...... 04/13/73 ...... 06/22/73, 38 FR 16568 ..... Ref 52.2299(c)(7). Section 101.16 ...... Effect of Acceptance of 04/13/73 ...... 06/22/73, 38 FR 16568 ..... Ref 52.2299(c)(7). Variance or Permit. Section 101.17 ...... Transfers ...... 04/13/73 ...... 06/22/73, 38 FR 16568 ..... Ref 52.2299(c)(7).
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EPA APPROVED REGULATIONS IN THE TEXAS SIPÐContinued
State approval/Submittal State citation Title/Subject date EPA approval date Explanation
Section 101.18 ...... Remedies Cumulative ...... 04/13/73 ...... 06/22/73, 38 FR 16568 ..... Ref 52.2299(c)(7). Section 101.19 ...... Severability ...... 04/13/73 ...... 06/22/73, 38 FR 16568 ..... Ref 52.2299(c)(7). Section 101.20 ...... Compliance with Environ- 05/09/75 ...... 06/01/77, 42 FR 27894 ..... Rule 23 Ref, mental Protection Agen- 07/26/85 ...... 06/24/92, 57 FR 28093 ..... 52.2299(c)(10) cy Standards. Section 101.20(3), Ref 52.2299(c)(73). (1) and (2) NOT IN SIP. Section 101.21 ...... The National Primary and 05/09/75 ...... 06/01/77, 42 FR 27894 ..... Ref 52.2299(c)(10). Secondary Air Quality Standards. Section 101.22 ...... Effective Date ...... 07/20/81 ...... 04/22/82, 47 FR 17285 ..... Ref 52.2299(c)(31). Section 101.30 ...... Conformity of General and 11/22/94 and 08/21/97 ...... 03/11/98, 63 FR 11833 ..... Ref 52.2299(c)(106). State Actions to State Implementation Plans. Section 101. Rule 16 ...... Invoking Jurisdiction ...... 04/13/73 ...... 6/22/73, 38 FR 16568 ...... Ref 52.2299(c)(7). Not in current Texas General Rules. Section 101. Rule 19 ...... Initiation of Review ...... 04/13/73 ...... 06/22/73, 38 FR 16568 ..... Ref 52.2299(c)(7). Not in current Texas General Rules.
Chapter 111 (Reg 1)ÐControl of Air Pollution from Visible Emissions and Particulate Matter Part AÐOutdoor Burning
Section 111.101 ...... General Prohibition ...... 06/16/89 ...... 01/18/94, 59 FR 02534 ..... Ref 52.2299(c)(79). Section 111.103 ...... Exceptions to Prohibition 06/16/89 ...... 01/18/94, 59 FR 02534 ..... Ref 52.2299(c)(79). of Outdoor Burning. Section 111.105 ...... General Requirements for 06/16/89 ...... 01/18/94, 59 FR 02534 ..... Ref 52.2299(c)(79). Allowable Outdoor Burn- ing. Section 111.107 ...... Responsibility for Con- 06/16/89 ...... 01/18/94, 59 FR 02534 ..... Ref 52.2299(c)(79). sequences of Outdoor Burning.
Part BÐVisible Emissions
Section 111.111 ...... Requirements for Specified 06/18/93 ...... 05/08/96, 61 FR 20734 ..... Ref 52.2299(c)(94). Sources. Section 111.113 ...... Alternative Opacity Limita- 06/16/89 ...... 05/08/96, 61 FR 20732 ..... Ref 52.2299(c)(94). tions.
Part CÐIncineration
Section 111.11 ...... Single-Chamber Inciner- 01/22/74 ...... 07/26/82, 47 FR 32126 ..... Ref 52.2299(c)(44). ator.
Section 111.12 ...... Approval of Incinerators .... 01/22/74 ...... 07/26/82, 47 FR 32126 ..... Ref 52.2299(c)(44).
Part EÐMaterials Handling, Construction, Roads, Streets, Alleys, and Parking Lots
Section 111.141 ...... Geographic Areas of Appli- 10/25/91 ...... 01/18/94, 59 FR 02534 ..... Ref 52.2299(c)(79). cation and Date of Com- pliance. Section 111.143 ...... Materials Handling ...... 06/16/89 ...... 01/18/94, 59 FR 02534 ..... Ref 52.2299(c)(79). Section 111.145 ...... Construction and Demoli- 10/25/91 ...... 01/18/94, 59 FR 02534 ..... Ref 52.2299(c)(79). tion. Section 111.147 ...... Roads, Streets, and Alleys 10/25/91 ...... 01/18/94, 59 FR 02534 ..... Ref 52.2299(c)(79). Section 111.149 ...... Parking Lots ...... 06/16/89 ...... 01/18/94, 59 FR 02534 ..... Ref 52.2299(c)(79).
Part FÐParticulate Matter
Section 111. Rule 105.1 .... Allowable Emission Limits 01/28/72 ...... 05/31/72, 37 FR 10895 ..... Ref 52.2299(b). Section 111. Rule 105.2 .... Ground Level Concentra- 01/28/72 ...... 05/31/72, 37 FR 10895 ..... Ref 52.2299(b). tions. Section 111. Rule 105.3 .... Emission Limits from Solid 01/28/72 ...... 05/31/72, 37 FR 10895 ..... Ref 52.2299(b). Fossil Fuel Fired Steam Generators.
Part GÐParticulate Matter From Agricultural Processes
Section 111.71 ...... Applicability of Rules ...... 01/08/82 ...... 02/25/83, 48 FR 08073 ..... Ref 52.2299(c)(50).
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EPA APPROVED REGULATIONS IN THE TEXAS SIPÐContinued
State approval/Submittal State citation Title/Subject date EPA approval date Explanation
Section 111.72 ...... Process Weight Method .... 01/22/74 ...... 07/26/82, 47 FR 32126 ..... Ref 52.2299(c)(44). Section 111.73 ...... Alternate Method ...... 01/22/74 ...... 07/26/82, 47 FR 32126 ..... Ref 52.2299(c)(44). Section 111.74 ...... Failure to Select Alternate 01/22/74 ...... 07/26/82, 47 FR 32126 ..... Ref 52.2299(c)(44). Method. Section 111.75 ...... Severability of Rules ...... 01/22/74 ...... 07/26/82, 47 FR 32126 ..... Ref 52.2299(c)(44). Section 111.76 ...... Compliance ...... 01/22/74 ...... 07/26/82, 47 FR 32126 ..... Ref 52.2299(c)(44).
Part HÐExemptions
Section 111.81 ...... Exemption Policy ...... 01/08/82 ...... 02/25/83, 48 FR 08073 ..... Ref 52.2299(c)(50). Section 111.82 ...... Requirements for Exemp- 01/08/82 ...... 02/25/83, 48 FR 08073 ..... Ref 52.2299(c)(50). tion. Section 111.83 ...... Extension of Exemption .... 01/08/82 ...... 02/25/83, 48 FR 08073 ..... Ref 52.2299(c)(50).
Part IÐCompliance
Section 111.92 ...... Compliance Dates ...... 01/08/82 ...... 02/25/83, 48 FR 08073 ..... Ref 52.2299(c)(50). Note: NOT in current State Regulation.
Chapter 112 (Reg 2)ÐControl of Air Pollution From Sulfur Compounds
Section 112.1 ...... Definitions ...... 09/18/92 ...... 08/30/93, 58 FR 45456 ..... Ref 52.2299(c)(76). Section 112.2 ...... Compliance, Reporting, 09/18/92 ...... 08/30/93, 58 FR 45456 ..... Ref 52.2299(c)(76). and Recordkeeping. Section 112.3 ...... Net Ground Level Con- 09/18/92 ...... 08/30/93, 58 FR 45456 ..... Ref 52.2299(c)(76). centrations. Section 112.4 ...... Net Ground Level Con- 09/18/92 ...... 08/30/93, 58 FR 45456 ..... Ref 52.2299(c)(76). centrationsÐExemption Conditions. Section 112.5 ...... Allowable Emission 09/18/92 ...... 08/30/93, 58 FR 45456 ..... Ref 52.2299(c)(76). RatesÐSulfuric Acid Plant Burning Elemental Sulfur. Section 112.6 ...... Allowable Emission 09/18/92 ...... 08/30/93, 58 FR 45456 ..... Ref 52.2299(c)(76). RatesÐSulfuric Acid Plant. Section 112.7 ...... Allowable Emission 09/18/92 ...... 08/30/93, 58 FR 45456 ..... Ref 52.2299(c)(76). RatesÐSulfur Recovery Plant. Section 112.8 ...... Allowable Emissions Rates 09/18/92 ...... 02/18/97, 62 FR 07163 ..... Ref 52.2299(c)(101). from Solid Fossil Fuel- Fired Steam Generators. Section 112.9 ...... Allowable Emission 09/18/92 ...... 08/30/93, 58 FR 45456 ..... Ref 52.2299(c)(76). RatesÐCombustion of Liquid Fuel. Section 112.14 ...... Allowable Emission 09/18/92 ...... 08/30/93, 58 FR 45456 ..... Ref 52.2299(c)(76). RatesÐNonferrous Smelter Processes. Section 112.15 ...... Temporary Fuel Shortage 09/18/92 ...... 08/30/93, 58 FR 45456 ..... Ref 52.2299(c)(76). Plan Filing Require- ments. Section 112.16 ...... Temporary Fuel Shortage 09/18/92 ...... 08/30/93, 58 FR 45456 ..... Ref 52.2299(c)(76). Plan Operating Require- ments. Section 112.17 ...... Temporary Fuel Shortage 09/18/92 ...... 08/30/93, 58 FR 45456 ..... Ref 52.2299(c)(76) Plan Notification Proce- dures. Section 112.18 ...... Temporary Fuel Shortage 09/18/92 ...... 08/30/93, 58 FR 45456 ..... Ref 52.2299(c)(76) Plan Reporting Require- ments. Section 112.19 ...... Application for Area Con- 09/18/92 ...... 08/30/93, 58 FR 45456 ..... Ref 52.2299(c)(76) trol Plan. Section 112.20 ...... Exemption Procedure ...... 09/18/92 ...... 08/30/93, 58 FR 45456 ..... Ref 52.2299(c)(76) Section 112.21 ...... Allowable Emission Rates 09/18/92 ...... 08/30/93, 58 FR 45456 ..... Ref 52.2299(c)(76) Under Area Control Plan. Section 112.41 to 112.47 .. Control of Sulfuric Acid ..... 05/12/89 ...... NOT in SIP but is a part of the EPA approved Texas 111(d) Plan
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EPA APPROVED REGULATIONS IN THE TEXAS SIPÐContinued
State approval/Submittal State citation Title/Subject date EPA approval date Explanation
Section 112.51 to 112.59 .. Control of Total Reduced 05/12/89 ...... NOT in SIP but is a part of Sulfur (TRS). the EPA approved Texas 111(d) Plan.
Chapter 113 (Reg 3)ÐControl of Air Pollution From Toxic Materials Subchapter BÐLead from Stationary Sources Nonferrous Smelters in El Paso County
Section 113.31 ...... Maintenance and Oper- 08/21/97 ...... 10/23/98, 63 FR 56083 ..... Ref 52.2299(c)(114). ation of Control Equip- ment. Section 113.32 ...... Areas Accessible to the 08/21/97 ...... 10/23/98, 63 FR 56083 ..... Ref 52.2299(c)(114) General Public. Section 113.33 ...... Control of Fugitive Dust .... 08/21/97 ...... 10/23/98, 63 FR 56083 ..... Ref 52.2299(c)(114). Section 113.34 ...... Materials Handling and 08/21/97 ...... 10/23/98, 63 FR 56083 ..... Ref 52.2299(c)(114). Transfer. Section 113.35 ...... Smelting of Lead ...... 08/21/97 ...... 10/23/98, 63 FR 56083 ..... Ref 52.2299(c)(114). Section 113.36 ...... Smelting of Copper and 08/21/97 ...... 10/23/98, 63 FR 56083 ..... Ref 52.2299(c)(114). Zinc. Section 113.37 ...... Lead Emissions Limits for 08/21/97 ...... 10/23/98, 63 FR 56083 ..... Ref 52.2299(c)(114). Stacks.
Lead Smelters in Dallas County
Section 113.41 ...... Maintenance and Oper- 08/21/97 ...... 10/23/98, 63 FR 56083 ..... Ref 52.2299(c)(114). ation of Control Equip- ment. Section 113.42 ...... Storage of Lead-Con- 08/21/97 ...... 10/23/98, 63 FR 56083 ..... Ref 52.2299(c)(114). taining Materials. Section 113.43 ...... Transport of Materials ...... 08/21/97 ...... 10/23/98, 63 FR 56083 ..... Ref 52.2299(c)(114). Section 113.44 ...... Fugitive Emissions from 08/21/97 ...... 10/23/98, 63 FR 56083 ..... Ref 52.2299(c)(114). Lead Processes. Section 113.45 ...... Battery or Lead Reclaim- 08/21/97 ...... 10/23/98, 63 FR 56083 ..... Ref 52.2299(c)(114). ing Operations. Section 113.46 ...... Lead Emission Limits for 08/21/97 ...... 10/23/98, 63 FR 56083 ..... Ref 52.2299(c)(114). Reverberatory Furnaces and Blast Furnaces. Section 113.47 ...... Control of Fugitive Dust .... 08/21/97 ...... 10/23/98, 63 FR 56083 ..... Ref 52.2299(c)(114). Section 113.48 ...... Additional measures to 08/21/97 ...... 10/23/98, 63 FR 56083 ..... Ref 52.2299(c)(114). Reduce lead Emissions.
Compliance and Control Plan Requirements
Section 113.61 ...... Compliance with Other 08/21/97 ...... 10/23/98, 63 FR 56083 ..... Ref 52.2299(c)(114). Rules in El Paso County. Section 113.62 ...... Dates for Control Plan 08/21/97 ...... 10/23/98, 63 FR 56083 ..... Ref 52.2299(c)(114). Submission and for Final Compliance in El Paso County. Section 113.63 ...... Control Plan Procedure in 08/21/97 ...... 10/23/98, 63 FR 56083 ..... Ref 52.2299(c)(114). El Paso County. Section 113.64 ...... Reporting Procedure in El 08/21/97 ...... 10/23/98, 63 FR 56083 ..... Ref 52.2299(c)(114). Paso County. Section 113.65 ...... Compliance with Other 08/21/97 ...... 10/23/98, 63 FR 56083 ..... Ref 52.2299(c)(114). Rules in Dallas County. Section 113.66 ...... Dates for Control Plan 08/21/97 ...... 10/23/98, 63 FR 56083 ..... Ref 52.2299(c)(114). Submission and for Final Compliance in Dallas County. Section 113.67 ...... Control Plan Procedure in 08/21/97 ...... 10/23/98, 63 FR 56083 ..... Ref 52.2299(c)(114). Dallas County. Section 113.68 ...... Reporting Procedure in 08/21/97 ...... 10/23/98, 63 FR 56083 ..... Ref 52.2299(c)(114). Dallas County.
Chapter 114 (Reg 4)ÐControl of Air Pollution From Motor Vehicles
Section 114.1 ...... Maintenance and Oper- 09/30/85 ...... 02/09/89, 54 FR 06287 ..... Ref 52.2299 (c)(66). ation of Air Pollution Control Systems or De- vices Used to Control Emissions from Motor Vehicles.
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EPA APPROVED REGULATIONS IN THE TEXAS SIPÐContinued
State approval/Submittal State citation Title/Subject date EPA approval date Explanation
Section 114.3 ...... Vehicle Emissions Inspec- 11/12/93 ...... 08/22/94, 59 FR 43046 ..... Ref 52.2299 (c)(87). tion and Maintenance Program. Section 114.5 ...... Exclusions and Exceptions 09/30/85 ...... 02/09/89, 54 FR 06287 ..... Ref 52.2299 (c)(66). Section 114.13 ...... Oxygenated Fuels ...... 10/23/92 ...... 09/12/94, 59 FR 46766 ..... Ref 52.2299 (c)(84). Section 114.27 ...... Transportation Conformity 11/06/94 ...... 11/08/95, 60 FR 56246 ..... Ref 52.2299 (c)(96). No action taken on a portion of 30 TAC 114.27(c) that contains provisions of 40 CFR 51.448.
Texas Department of Transportation RegulationÐ31 TAC Chapter 17ÐVehicle Titles and Registration
Section 17.80 ...... Vehicle Emissions 11/09/93 ...... 08/22/94, 59 FR 43046 ..... Ref 52.2299 (c)(87)(i)(F). Verification System.
CHAPTER 115 (REG 5)ÐCONTROL OF AIR POLLUTION FROM VOLATILE ORGANIC COMPOUNDS Subchapter AÐDefinitions
Section 115.010 ...... Definitions ...... 11/10/93 ...... 05/22/97, 62 FR 27964 ..... Ref 52.2299 (c)(104). Section 115.010 Table 1 ... Definitions: Synthetic Or- 11/10/93 ...... 05/22/97, 62 FR 27964 ..... Ref 52.2299 (c)(104). ganic Chemicals.
Subchapter BÐGeneral Volatile Organic Compound Sources
Section 115.112 to Storage of Volatile Organic 05/08/92 ...... 03/07/95, 60 FR 12438 ..... Ref 52.2299 (c)(88). 115.119. Compounds. Section 115.121 to Vent Gas Control ...... 05/04/94 ...... 05/22/97, 62 FR 27964 ..... Ref 52.2299 (c)(104). 115.129. Section 115.131 to Water Separation ...... 05/04/94 ...... 05/22/97, 62 FR 27964 ..... Ref 52.2299 (c)(104). 115.139. Section 115.140 to Industrial Wastewater ...... 05/04/94 ...... 05/22/97, 62 FR 27964 ..... Ref 52.2299 (c)(104). 115.149. Section 115.152 to Municipal Solid Waste 05/04/94 ...... 05/22/97, 62 FR 27964 ..... Ref 52.2299 (c)(104). 115.159. Landfills.
Subchapter CÐVolatile Organic Compound Transfer Operations
Section 115.211 to Loading and Unloading of 05/04/94 ...... 05/22/97, 62 FR 27964 ..... Ref 52.2299 (c)(104). 115.219. Volatile Organic Com- pounds. Section 115.220* ...... Filling of Gasoline Storage 03/30/79 ...... 11/10/82, 47 FR 50866 ..... Ref 52.2299(c)(48). The Vessels (Stage I) for number 220* was cre- Motor Vehicles Fuel Dis- ated to avoid duplicate pensing Facilities in sections numbers in the Bexar County. SIP. There is no section 115.220 in the current SIP approved codifica- tion. Section 115.221 to Filling of Gasoline Storage 05/05/94 ...... 05/22/97, 62 FR 27964 ..... Ref 52.2299(c)(104). 115.229. Vessels (Stage I) for Motor Vehicles Fuel Dis- pensing Facilities. Section 115.234 to Control of Volatile Organic 05/05/94 ...... 05/22/97, 62 FR 27964 ..... Ref 52.2299(c)(104). 115.239. Compound Leaks from Transport Vessels. Section 115.241 to Control of Vehicle Refuel- 05/05/94 ...... 05/22/97, 62 FR 27964 ..... Ref 52.2299(c)(104.) 115.249. ing Emissions (Stage II) at Motor Vehicle Fuel Dispensing Facilities. Section 115.252 to Control of Reid Vapor 05/04/94 ...... 05/22/97, 62 FR 27964 ..... Ref 52.2299(c)(104). 115.259. Pressure of Gasoline.
Subchapter DÐPetroleum Refining and Petrochemical Processes
Section 115.311 to Process Unit Turnaround 05/08/92 ...... 03/07/95, 60 FR 12438 ..... Ref 52.2299(c)(88). 115.319. and Vacuum-producing Systems in Petroleum Refineries. Section 115.322 to Fugitive Emission Control 05/08/92 ...... 03/07/95, 60 FR 12438 ..... Ref 52.2299(c)(88). 115.329. in Petroleum Refineries.
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EPA APPROVED REGULATIONS IN THE TEXAS SIPÐContinued
State approval/Submittal State citation Title/Subject date EPA approval date Explanation
Section 115.332 to Fugitive Emission Control 05/08/92 ...... 03/07/95, 60 FR 12438 ..... Ref 52.2299(c)(88). 115.339. in Synthetic Organic Chemical, Polymer, Resin, and Methyl Tert- Butyl Ether Manufac- turing Processes. Section 115.342 to Fugitive Emission Control 05/08/92 ...... 03/07/95, 60 FR 12438 ..... Ref 52.2299(c)(88). 115.349. in Natural Gas/Gasoline Processing Operations. Section 115.352 to Fugitive Emission Control 05/04/94 ...... 05/22/97, 62 FR 27964 ..... Ref 52.2299(c)(104). 115.359. in Petroleum Refining and Petrochemical Proc- esses.
Subchapter EÐSolvent-Using Processes
Section 115.412 to Degreasing and Clean-up 05/04/94 ...... 05/22/97, 62 FR 27964 ..... Ref 52.2299(c)(104). 115.419. Processes. Section 115.421 to Surface Coating Proc- 05/04/94 ...... 05/22/97, 62 FR 27964 ..... Ref 52.2299(c)(104). 115.429. esses. Section 115.432 to Graphic Arts (Printing) by 05/04/94 ...... 05/22/97, 62 FR 27964 ..... Ref 52.2299(c)(104). 115.439. Rotogravure and Flexo- graphic Processes. Section 115.442 to Offset Lithographic Printing 05/04/94 ...... 05/22/97, 62 FR 27964 ..... Ref 52.2299(c)(104). 115.449.
Subchapter FÐMiscellaneous Industrial Sources
Section 115.512 to Cutback Asphalt ...... 05/08/92 ...... 03/07/95, 60 FR 12438 ..... Ref 52.2299(c)(88). 115.519. Section 115.531 to Pharmaceutical Manufac- 05/04/94 ...... 05/22/97, 62 FR 27964 ..... Ref 52.2299(c)(104). 115.539. turing Facilities. Section 115.541 to Degassing or Cleaning of 05/04/94 ...... 05/22/97, 62 FR 27964 ..... Ref 52.2299(c)(104). 115.549. Stationary, Marine, and Transport Vessels. Section 115.552 to Petroleum Dry Cleaning 05/04/94 ...... 05/22/97, 62 FR 27964 ..... Ref 52.2299(c)(104). 115.559. Systems.
Subchapter GÐConsumer-Related Sources
Section 115.600 to Consumer Products ...... 05/04/94 ...... 05/22/97, 62 FR 27964 ..... Ref 52.2299(c)(104). 115.619.
Subchapter JÐAdministrative Provisions
Section 115.901 to Alternate Means of Control 07/13/94 ...... 05/22/97, 62 FR 27964 ..... Ref 52.2299(c)(104). 115.916. Section 115.920 to Early Reductions ...... 07/13/94 ...... 05/22/97, 62 FR 27964 ..... Ref 52.2299(c)(104). 115.923. Section 115.930 to Compliance and Control 11/10/93 ...... 05/22/97, 62 FR 27964 ..... Ref 52.2299(c)(104). 115.940. Plan Requirements. Section 115.950 ...... Standard Permits ...... 11/10/93 ...... 05/22/97, 62 FR 27964 ..... Ref 52.2299(c)(104).
Chapter 116 (Reg 6)ÐControl of Air Pollution By Permits For New Construction Or Modification
Section 116.01...... Permit Requirements ...... 09/20/91 ...... 09/27/95, 60 FR 49788 ..... Ref 52.2299(c)(97). Section 116.02...... Responsibility for Obtain- 07/26/85 ...... 09/27/95, 60 FR 49788 ..... Ref 52.2299(c)(97). ing Permit or Exemption. Section 116.03 ...... Consideration for Granting 08/16/93 ...... 08/19/97, 62 FR 44087 ..... Ref 52.2299(c)(102). Note: a Permit to Construct (a)(9), (11), (12), and and Operate. (c)(2), (c)(3)(d) and (e) NOT in SIP. Section 116.04 ...... Special Conditions ...... 06/10/83 ...... 08/13/84, 49 FR 32181 Ref 52.2299(c)(59).. Section 116.05 ...... Representation in Applica- 08/11/89 ...... 09/27/95, 60 FR 49788 ..... Ref 52.2299(c)(97). tion for Permit or Ex- emption. Section 116.06 ...... Exemptions ...... 03/27/75 ...... 08/13/82, 47 FR 35193 ..... Ref 52.2299(c)(36). Section 116.07 ...... Request for Exemptions ... 03/27/75 ...... 08/13/82, 47 FR 35193 ..... Ref 52.2299(c)(36). Section 116.08 ...... Local Air Pollution Control 03/27/75 ...... 08/13/82, 47 FR 35193 ..... Ref 52.2299(c)(36). Agencies.
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EPA APPROVED REGULATIONS IN THE TEXAS SIPÐContinued
State approval/Submittal State citation Title/Subject date EPA approval date Explanation
Section 116.10 ...... Public Notification and 10/16/92 ...... 09/27/95, 60 FR 49788 ..... Ref 52.2299(c)(97). Comment Procedure. Section 116.11 ...... Permit Fees ...... 08/16/93 ...... 08/19/97, 62 FR 44083 ..... Ref 52.2299(c)(102). Note: 116.11(b)(1)±(4) NOT in SIP. Section 116.14 ...... Compliance History Re- 10/16/92 ...... 09/27/95, 60 FR 49788 ..... Ref 52.2299(c)(97). quirements.
Subchapter AÐDefinitions
Section 116.010 ...... General Definitions ...... 08/16/93 ...... 08/19/97, 62 FR 44087 ..... Ref 52.2299(c)(102).
Subchapter BÐNew Source Review Permits Permit Fees
Section 116.141 ...... Determination of Fees ...... 08/16/93 ...... 08/19/97, 62 FR 44083 ..... Ref 52.2299(c)(102) Note: 141(b) NOT in SIP.
Prevention of Significant Deterioration Review
Section 116.160 ...... Prevention of Significant 03/01/95 ...... 08/19/97, 62 FR 44083 ..... Ref 52.2299(c)(102). Deterioration Review Requirements. Section 116.161 ...... Source Located in an At- 08/16/93 ...... 08/19/97, 62 FR 44083 ..... Ref 52.2299(c)(102). tainment Area with Greater than De Minimis Impact. Section 116.162 ...... Evaluation of Air Quality 08/16/93 ...... 08/19/97, 62 FR 44083 ..... Ref 52.2299(c)(102). Impacts. Section 116.163 ...... Prevention of Significant 08/16/93 ...... 08/19/97, 62 FR 44083 ..... Ref 52.2299(c)(102). Deterioration Permit Fees.
Chapter 117 (Reg 7)ÐControl Of Air Pollution From Nitrogen Compounds
Section 117. Rule 701 ...... Gas Fired Steam Gener- 08/08/72 ...... 03/02/76, 42 FR 08967 ..... Ref 52.2299(c)(5). ating Units. Section 117. Rule 702 ...... Nitric Acid Manufacturing .. 08/08/72 ...... 03/02/76, 42 FR 08967 ..... Ref 52.2299(c)(5). Section 117. Rule 703 ...... Compliance with Rule 701 08/08/72 ...... 03/02/76, 42 FR 08967 ..... Ref 52.2299(c)(5). and 702.
CHAPTER 118 (REG 8)ÐCONTROL OF AIR POLLUTION EPISODES
Section 118.1 ...... Generalized Air Pollution 04/14/89 ...... 09/06/90, 55 FR 36632 ..... Ref 52.2299(c)(71). Episodes. Section 118.2 ...... Provisions Governing Gen- 07/17/87 ...... 09/06/90, 55 FR 36632 ..... Ref 52.2299(c)(71). eralized Episode Control. Section 118.3 ...... Localized Air Pollution Epi- 07/17/87 ...... 09/06/90, 55 FR 36632 ..... Ref 52.2299(c)(71). sodes. Section 118.4 ...... Hearings ...... 07/17/87 ...... 09/06/90, 55 FR 36632. .... Ref 52.2299(c)(71). Section 118.5 ...... Emission Reduction Plan .. 04/14/89 ...... 09/06/90, 55 FR 36632. .... Ref 52.2299(c)(71). Section 118.6 ...... Texas Air Pollution Epi- 07/17/87 ...... 09/06/90, 55 FR 36632 ..... Ref 52.2299(c)(71). sode Contingency Plan and Emergency Man- agement Center.
(d) [Reserved] (e) EPA approved nonregulatory provisions and quasi-regulatory measures.
EPA APPROVED STATUTES IN THE TEXAS SIP
Title/Subject State approval/submittal date EPA approval date Comments
Texas Clean Air Act (Article 4477± 01/28/72 ...... 05/31/72, 37 FR 10895 ...... As amended by S.B. 48 of 1969. 5), Vernon's Texas Civil Statutes. Article 698d Air Pollution, Penal 01/28/72 ...... 05/31/72, 37 FR 10895 ...... As amended by S.B. No. 5 of Code of Texas, 1925. 1969. House Bill 322 ...... 01/28/72 ...... 05/31/72, 37 FR 10895 ...... As passed by the 62nd Legisla- ture of Texas, amending the Texas Clean Act regarding per- mits for construction or modi- fication of facilities.
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EPA APPROVED STATUTES IN THE TEXAS SIPÐContinued
Title/Subject State approval/submittal date EPA approval date Comments
Texas Clean Air (Tex. Rev. Civ. 07/23/81 ...... 12/15/81, 46 FR 61125 ...... Ref 52.2299(c)(29). Stat. Ann. Art. 4477±5) as amended June 13, 1979. Air Pollution (Tex. Rev. Civ. Stat. 07/23/81 ...... 12/15/81, 46 FR 61125 ...... Ref 52.2299(c)(29). Ann. Art. 4477±5b) as amended January 1, 1974. Texas Administrative Procedure 07/23/81 ...... 12/15/81, 46 FR 61125 ...... Ref 52.2299(c)(29). and Texas Register Act. (Tex. Rev. Civ. Stat. Ann. Art. 07/23/81 ...... 12/15/81, 46 FR 61125 ...... Ref 52.2299(c)(29). 6252±13a) effective January 1, 1976. Texas Open Record Act (Tex. 07/23/81 ...... 12/15/81, 46 FR 61125 ...... Ref 52.2299(c)(29). Rev. Civ. Stat. Ann. Art. 6252± 17a) as amended May 27, 1975. Standards of Conduct of State Of- 07/23/81 ...... 12/15/81, 46 FR 61125 ...... Ref 52.2299(c)(29). ficers and Employees (Tex. Rev. Civ. Stat. Ann. Art. 6252±9b) ef- fective January 1, 1974. Department of Public Safety and 11/9/84 ...... 06/26/85, 50 FR 26362 ...... Ref 52.2299(c)(61). Texas Air Control Board Rules and Regulations, Texas Vehicle Inspection Act Article XV.
Documentation to Authorize and Support the Implementation and Enforcement of the Texas Vehicle parameter Inspection and Maintenance Program, Appendix X, containing the following documents:
A. Senate Bill 1205 ...... 11/9/84 ...... 06/26/85, 50 FR 26362 ...... Ref 52.2299(c)(61). B. Letters of Commitment from 11/9/84 ...... 06/26/85, 50 FR 26362 ...... Ref 52.2299(c)(61). Texas Department of Public Safety City of Houston Police Department and Harris County Sheriff. C. Parameter Vehicle Emission In- 11/9/84 ...... 06/26/85, 50 FR 26362 ...... Ref 52.2299(c)(61). spection and Maintenance Rules and Regulations for Official Ve- hicle Inspection Stations and Certified Inspectors, July 1, 1984. Texas Motor Vehicle Laws, 1981± 11/9/84 ...... 06/26/85, 50 FR 26362 ...... Ref 52.2299(c)(61). 1982ÐRules and Regulations for Official Vehicle Inspection Stations and Certified Inspec- tors, November 11, 1983, Sec- tions A,B,C, pages C±1, C±16, C±17, C±18, C±26, C±27, and C±28, D, and E pages E±1, E± 6, E±7, E±8, and E±9. VIMTCM, Appendix AJ, Excerpted 09/30/85 and 12/21/87 ...... 02/09/89, 54 FR 06287 ...... Ref 52.2299(c)(66). Senate Bill 725, section 35(d) and (g) effective September 1, 1985; and House Bill 1593 sec- tions 21 and 22 effective June 18, 1987. Texas Clean Air Act (TCAA), 11/13/92 ...... 08/19/94, 59 FR 42759 ...... Ref 52.2299(c)(85). Texas Health and Safety Code Ann. (Vernon 1992), Section 382.0365, ``Small Business Sta- tionary Source Assistance Pro- gram'', enacted by the Texas 1991 legislative session and ef- fective September 1, 1991. Legal opinion letter dated October 11/13/92 ...... 08/19/94, 59 FR 42759 ...... Ref 52.2299(c)(85). 15, 1992 from Kirk P. Watson, Chairman, TACB, to Mr. B.J. Wynne, III, Regional Adminis- trator, EPA Region 6, regarding the composition of the Small Business Compliance Advisory Panel of Texas.
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EPA APPROVED STATUTES IN THE TEXAS SIPÐContinued
Title/Subject State approval/submittal date EPA approval date Comments
House Bill 1969, an act relating to motor vehicle registration, inspections, and providing penalties amending:
(1) Sections 382.037 and 382.038 11/12/93 and 03/09/94 ...... 08/22/94, 59 FR 43046 ...... Ref 52.2299(c)(87). of the Texas Health and Safety Code; (2) Section 2 Chapter 88, General 11/12/93 and 03/09/94 ...... 08/22/94, 59 FR 43046 ...... Ref 52.2299(c)(87). Laws, Acts of the 41st legisla- ture, 2nd called session, 1929 (Article 6675a-2, Vernon's Texas Civil Statutes); (3) Title 116, Article 6675b±4, 11/12/93 and 03/09/94 ...... 08/22/94, 59 FR 43046 ...... Ref 52.2299(c)(87). 6675b±4A, and 6675b±4B; (4) Section 141(d), and section 11/12/93 and 03/09/94 ...... 08/22/94, 59 FR 43046 ...... Ref 52.2299(c)(87). 142(h), Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's Civil Statutes); (5) Section 4.202, County Road 11/12/93 and 03/09/94 ...... 08/22/94, 59 FR 43046 ...... Ref 52.2299(c)(87). and Bridge Act (Article 6702±1, Vernon's Texas Civil Statutes). Signed by the Governor on 01/ 08/93, effective 08/30/93. Texas Health and Safety Code 11/12/93 and 03/09/94 ...... 08/22/94, 59 FR 43046 ...... Ref 52.2299(c)(87). (Vernon 1990), the Texas Clean Air Act, sections 382.017, 382.037, 382.038, effective Sep- tember 1, 1991. Order No. 93±23, as adopted No- 11/12/93 and 03/09/94 ...... 08/22/94, 59 FR 43046 ...... Ref 52.2299(c)(87). vember 10, 1993, and Order No. 94±02 as adopted February 16, 1994. Texas Civil Statutes, Articles 11/12/93 and 03/09/94 ...... 08/22/94, 59 FR 43046 ...... Ref 52.2299(c)(87). 6675a±1 to 6675b±2 and 6687± 1. (Vernon 1993).
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
Applicable geographic or State submittal/effective Name of SIP provision nonattainment area date EPA approval date Comments
Public Hearings ...... Statewide ...... 02/08/72 ...... 05/31/72, 37 FR 10895 ..... Ref 52.2299(c)(1). HydroCarbon Emission Statewide ...... 05/02/72 ...... 05/31/72, 37 FR 10895 ..... Ref 52.2299(c)(2). Data. Source Surveillance ...... Statewide ...... 05/03/72 ...... 05/31/72, 37 FR 10895 ..... Ref 52.2299(c)(2). Minor Revisions ...... Statewide ...... 07/31/72 ...... 10/28/72, 37 FR 23092 ..... Ref 52.2299(c)(4). Attainment Date Correc- Statewide ...... 11/10/72 ...... 02/08/73, 38 FR 03600 ..... Ref 52.2299(c)(6). tions. Classification Revisions for Statewide ...... 03/21/75 ...... 04/18/77, 42 FR 20131 ..... Ref 52.2299(c)(9). PM, SOx, and CO. Administrative Revisions ... Statewide ...... 04/20/77, 42 FR 20463 ..... Ref 52.2299(c)(11). Air Quality Surveillance Statewide ...... 08/02/76 ...... 04/18/77, 42 FR 20131 ..... Ref 52.2299(c)(12). Plan. Air Quality Surveillance Statewide ...... 08/12/77 ...... 03/07/78, 43 FR 09276 ..... Ref 52.2299(c)(13). Plan. Administrative Revisions to Statewide ...... 07/06/77, 42 FR 34518 ..... Ref 52.2299(c)(14). Section X. Administrative Revisions to Statewide ...... 08/14/78 ...... 04/11/79, 44 FR 21644 ..... Ref 52.2299(c)(16). Section IX. Board Order No. 78±6 ...... Corpus Christi, TX ...... 07/24/78 ...... 09/24/79, 44 FR 55005 ..... Ref 52.2299(c)(17) (see 52.2275) Draft inspection/mainte- Harris County ...... 04/13/79 ...... 12/18/79, 44 FR 74831 ..... Ref 52.2299(c)(18). nance legislation and study schedule. Adopted inspection/mainte- Harris County ...... 08/09/79 ...... 12/19/79, 44 FR 74831 ..... Ref 52.2299(c)(19). nance legislation and ad- ministrative revisions. Plan Revisions (Part D re- Statewide ...... 04/13/79 ...... 03/25/80, 45 FR 19244 ..... Ref 52.2299(c)(20). quirements). Administrative Revisions to Statewide ...... 08/09/79 ...... 03/25/80, 45 FR 19244 ..... Ref 52.2299(c)(21). Transportation Control.
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EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIPÐContinued
Applicable geographic or State submittal/effective Name of SIP provision nonattainment area date EPA approval date Comments
Transportation Control Harris County ...... 12/28/79 ...... 08/06/80, 45 FR 52148 ..... Ref 52.2299(c)(24). Measures for Harris County. Board Order No. 78±8 ...... General Portland, Inc., 09/13/78 ...... 08/28/81, 46 FR 43425 ..... Ref 52.2299(c)(26). (See New Braunfels, Comal 52.2276). County, TX. Administrative Revision to Statewide ...... 07/23/81 ...... 11/13/81, 46 FR 55970 ..... Ref 52.2299(c)(28). Section I. Administrative Revision to Statewide ...... 07/23/81 ...... 12/15/81, 46 FR 61125 ..... Ref 52.2299(c)(29). Section V. Plan Revisions for Inter- Statewide ...... 04/13/79 ...... 03/29/82, 47 FR 13143 ..... Ref 52.2299(c)(32). governmental Consulta- tion and Composition. Texas Lead SIP and Board Statewide excluding Dallas 06/12/80 ...... 10/04/83, 48 FR 45248 ..... Ref 52.2299(c)(41). Order No. 82±11. and El Paso areas. Texas Air Pollution Emer- Statewide ...... 05/18/82 ...... 10/07/82, 47 FR 44261 ..... Ref 52.2299(c)(42). gency Episode Contin- gency Plan. Administrative Revision to Statewide ...... 07/06/82 ...... 10/25/82, 47 FR 47247 ..... Ref 52.2299(c)(47). Section XII. Administrative Revision to N/A ...... 08/17/82 ...... 03/31/83, 48 FR 13428 ..... Ref 52.2299(c)(51). Section III. Administrative Revision to Statewide ...... 06/22/83 ...... 11/07/83, 48 FR 51153 ..... Ref 52.2299(c)(52). Section IX. Lead Plan for Dallas Coun- Dallas County, TX ...... 04/6/84 ...... 08/15/84, 49 FR 32580 ..... Ref 52.2299(c)(54). ty, TX. Revisions to Lead Plan for Dallas County, TX ...... 07/16/84 ...... 08/15/84, 49 FR 32580 ..... Ref 52.2299(c)(55). Dallas County, TX. Lead Plan for El Paso El Paso County, TX ...... 06/20/84 ...... 08/13/84, 49 FR 32190 ..... Ref 52.2299(c)(56). County. Alternative Emission Con- Baytown, TX ...... 03/18/83 ...... 07/10/85, 50 FR 26992 ..... Ref 52.2299(c)(60) (Board trol Plan for Exxon Bay- Order No. 83±2). town Refinery. Plan for Ozone Attainment Harris County, TX ...... 12/09/82, 01/03/84, 03/18/ 06/26/85, 50 FR 26362 ..... Ref 52.2299(c)(61). in Harris County. 85. Alternative Emission Re- Gregg County, (Longview), 07/25/85 ...... 05/05/89, 54 FR 19373 ..... Ref 52.2299(c)(64). duction Plan for Conti- TX. nental Can Company, Longview, TX. Revision to Lead Plan for El Paso County, TX ...... 10/26/87 ...... 05/06/88, 53 FR 16263 ..... Ref 52.2299(c)(65). El Paso County and Board Order No. 87±14. Ozone Attainment Plan for Dallas and Tarrant Coun- 09/30/85 and 12/21/87 ...... 02/09/89, 54 FR 06287 ..... Ref 52.2299(c)(66). Dallas and Tarrant ties, TX. Counties. Vehicle Inspection and Dallas and Tarrant Coun- 08/28/85 ...... 02/09/89, 54 FR 06287 ..... Ref 52.2299(c)(66). Maintenance and Trans- ties, TX. portation Control Meas- ures (VIMTCM), Appen- dix AG. VIMTCM, Appendix AK, Dallas and Tarrant Coun- 12/18/87 ...... 02/09/89, 54 FR 06287 ..... Ref 52.2299(c)(66). Portions 1 through 6. ties, TX. VIMTCM, Appendix AM, Dallas and Tarrant Coun- 12/18/87 ...... 02/09/89, 54 FR 06287 ..... Ref 52.2299(c)(66). Sections 1, 2, and 3. ties, TX. VIMTCM, Appendix AN ..... Dallas and Tarrant Coun- 12/18/87 ...... 02/09/89, 54 FR 06287 ..... Ref 52.2299(c)(66). ties, TX. Part II of the Visibility Pro- Big Bend and Guadalupe 09/18/87 ...... 02/23/89, 54 FR 07770 ..... Ref 52.2299(c)(67). tection Plan and Board Mountain National Parks. Order No. 87±15. Alternative Emission Re- Orange County, TX ...... 03/12/82 ...... 04/13/90 ...... Ref 52.2299(c)(70). duction Plan (Bubble) for E.I. DuPont de Nemours & Company's Sabine River Works, Orange, TX. Revisions to Texas Air Pol- Statewide ...... 10/02/87 ...... 09/06/90, 55 FR 36634 ..... Ref 52.2299(c)(71). lution Episode Contin- gency Plan. Revisions to Ozone Attain- Dallas and Tarrant Coun- 03/05/90 ...... 08/03/90, 55 FR 31587 ..... Ref 52.2299(c)(72). ment Plan for Dallas and ties, TX. Tarrant Counties.
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EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIPÐContinued
Applicable geographic or State submittal/effective Name of SIP provision nonattainment area date EPA approval date Comments
Revisions for Prevention of Statewide ...... 12/11/85, 10/26/87, 09/29/ 06/24/92, 57 FR 28098 ..... Ref 52.2299(c)(73). Significant Deterioration 88. and Board Orders No. 85±07, 87±09, and 88± 08. Board Order No. 90±07 ..... Tarrant County ...... 06/22/90 ...... 10/12/90, 55 FR 41525 ..... Ref 52.2299(c)(74). Board Order No. 92±19 ..... Statewide ...... 09/18/92 ...... 08/30/93, 58 FR 45457 ..... Ref 52.2299(c)(76). Revision for Prevention of Statewide ...... 12/14/90 ...... 09/09/94, 59 FR 46557 ..... Ref 52.2299(c)(78). Significant Deterioration and Board Order No. 90±13. Revision addressing PM± El Paso, TX ...... 11/05/91 ...... 01/18/94, 59 FR 02535 ..... Ref 52.2299(c)(79). 10 nonattainment area requirements for El Paso and Board Orders 89±03 and 91±15. City of El Paso, TX, Ordi- El Paso, TX ...... 12/11/90 ...... 01/18/94, 59 FR 02535 ..... Ref 52.2299(c)(79). nance, Title 9. Board Order No. 92±16 ..... Ozone nonattainment 10/16/92 ...... 04/15/94, 59 FR 17943 ..... Ref 52.2299(c)(81). areas. Board Order No. 92±20 ..... Ozone nonattainment 08/20/92 ...... 08/26/94, 59 FR 44039 ..... Ref 52.2299(c)(82). areas. Revision for the El Paso El Paso County, TX ...... 09/18/92 ...... 09/12/94, 59 FR 46766 ..... Ref 52.2299(c)(84). CO nonattainment area and Board Order No. 92±15. Small Business Stationary Statewide ...... 11/13/92 ...... 08/19/94, 59 FR 42759 ..... Ref 52.2299(c)(85). Source Technical and Environmental Compli- ance Assistance Pro- gram. Board Order No. 92±22 ..... Statewide ...... 11/06/92 ...... 08/19/94, 59 FR 42759 ..... Ref 52.2299(c)(85). Board Order No. 92±04 ..... N/A ...... 05/08/92 ...... 03/07/95, 60 FR 12438 ..... Ref 52.2299(c)(88). Board Order No. 92±16 ..... N/A ...... 10/16/92 ...... 03/07/95, 60 FR 12438 ..... Ref 52.2299(c)(88). Revision to Modify SLAMS Statewide ...... 11/10/93 ...... 10/04/94, 59 FR 50504 ..... Ref 52.2299(c)(90). and NAMS Monitoring Systems and Board Order No. 93±24. Employer Trip Reduction Brazoria, Chambers, Fort 11/13/92 ...... 03/07/95, 60 FR 12442 ..... Ref 52.2299(c)(91). Program and Board Bend, Galveston, Harris, Order No. 92±14. Liberty, Montgomery, and Waller Counties. Revision limiting SO2 by Certain Nonpermitted fa- 08/03/94 ...... 03/06/95, 60 FR 12125 ..... Ref 52.2299(c)(93). agreed orders 94±09 cilities in Harris County. through 94±22. Revision addressing visible Statewide ...... 08/21/89, 01/29/91, 10/15/ 05/08/96, 61 FR 20732 ..... Ref 52.2299(c)(94). emissions with Board 92, and 08/04/93. Orders 89±03, 90±12, 92±19, and 93±06. Alternative Emission Re- Deer Park, TX ...... 07/26/93 ...... 06/19/95, 60 FR 31915 ..... Ref 52.2299(c)(95). duction (Bubble) for Shell Oil Company's Deer Park manufacturing complex. Transportation Conformity Areas designated non- 10/12/94 ...... 11/08/95, 60 FR 56244 ..... Ref 52.2299(c)(96). and Board Order No. attainment and areas 94±40. subject to a mainte- nance plan. Revision to Permitting Statewide ...... 07/26/85, 07/17/87, 12/18/ 09/27/95, 60 FR 49781 ..... Ref 52.2299(c)(97). Regulations and Board 87, 07/15/88, 08/11/89, Orders No. 85±07, 87± 05/18/90, 09/20/91, 05/ 09, 87±17, 88±08, 89± 08/92, 10/16/92, 08/16/ 06, 90±05, 91±10, 92± 93. 06, 92±18, and 93±17. Alternate Control Strategy Ft Worth, TX, Plant 1 facil- 04/18/96 ...... 05/30/97, 62 FR 29297 ..... Ref 52.2299(c)(100). for Bell Helicopter Tex- ity. tron, Inc.. Revisions to the Plan con- Rockdale, TX ...... 10/15/92 and 09/20/95 ...... 09/30/97, 61 FR 49685 ..... Ref 52.2299(c)(101). cerning Sulfur Dioxide in Milam County.
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EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIPÐContinued
Applicable geographic or State submittal/effective Name of SIP provision nonattainment area date EPA approval date Comments
TNRCC Order No. 93±20, The four ozone nonattain- 11/10/93, 05/04/94, 07/13/ 05/22/97, 62 FR 27964 ..... Ref 52.2299(c)(104). 94±06, 94±26, 94±0676± ment areas in TX. 94, 11/09/94. SIP. 15% ROP Plan ...... Beaumont/Port Arthur 08/09/96 ...... 02/10/98, 63 FR 6659 ...... Ref 52.2299(c)(107). ozone nonattainment area. 15% ROP Plan ...... Dallas/Ft Worth, El Paso, 08/09/96 ...... 11/10/98, 63 FR 62943 ..... Ref 52.2299(c)(113) See and Houston/Galveston also 52.2309. ozone nonattainment areas.
[FR Doc. 99–17032 Filed 7–6–99; 8:45 am] (312) 886–6082 before visiting the the requirements of sections 111(d) and BILLING CODE 6560±50±P Region 5 Office). 129 of the Act for existing HMIWIs. This FOR FURTHER INFORMATION CONTACT: approval, once effective, will make the Mark J. Palermo, Environmental Illinois HMIWI rules included in the ENVIRONMENTAL PROTECTION Protection Specialist, at (312) 886–6082. plan federally enforceable. AGENCY SUPPLEMENTARY INFORMATION: The II. The HMIWI State Plan Requirement. 40 CFR Part 62 supplemental information is organized in the following order: What is an HMIWI State Plan? [IL188±1a; FRL±6371±5] I. What is EPA approving in this action? An HMIWI State Plan is a plan to II. The HMIWI State Plan Requirement. control air pollutant emissions from Approval of Hospital/Medical/ What is an HMIWI State Plan? existing incinerators which burn Infectious Waste Incinerator State Plan Why are we requiring Illinois to submit an hospital waste or medical/infectious for Designated Facilities and HMIWI State Plan? waste. The plan also includes source Pollutants: Illinois Why do we need to regulate HMIWI and emission inventories of these emissions? incinerators in the State. AGENCY: Environmental Protection What criteria must an HMIWI State Plan Agency (EPA). meet to be approved? Why Are We Requiring Illinois To III. The Illinois HMIWI State Plan. ACTION: Direct final rule. Submit an HMIWI State Plan? Where are the Illinois HMIWI State Plan States are required under sections SUMMARY: We are approving Illinois’ requirements codified? 111(d) and 129 of the Act to submit State Plan for Hospital/Medical/ Who is affected by the State Plan? Who is exempt from the State Plan? State Plans to control emissions from Infectious Waste Incinerators (HMIWI), What does the State Plan require? existing HMIWIs in the State. The State submitted on May 28, 1999. The State When must the State Plan requirements be Plan requirement was triggered when Plan adopts and implements our met? we published the Emissions Guidelines Emissions Guidelines (EG) applicable to What must you do to obtain an extended (EG) for HMIWIs on September 15, 1997 existing HMIWIs. Our approval means compliance schedule? (see 62 FR 48348). The EG is codified that we find the State Plan meets Clean What must you do if you intend to under 40 CFR part 60, subpart Ce. Air Act (Act) requirements. Once permanently shut down? Under section 129, we are required to effective, our approval makes the State What are the permit application deadlines? promulgate EGs for several types of Plan federally enforceable. What else does the State Plan include? What public review opportunities were existing solid waste incinerators. These DATES: This rule is effective on provided? EGs establish the Maximum Achievable September 7, 1999, unless EPA receives IV. Review and Approval of the Illinois Control Technology (MACT) standards adverse written comments by August 6, HMIWI State Plan. that States must adopt to comply with 1999. If adverse written comment is Why is the Illinois HMIWI State Plan the Act. The HMIWI EG also establishes received, EPA will publish a timely approvable? V. EPA Rulemaking Action. requirements for monitoring, operator withdrawal of the rule in the Federal training, permits, and a waste Register and inform the public that the VI. Administrative Requirements. A. Executive Order 12866 management plan that must be included rule will not take effect. B. Executive Order 12875 in State Plans. ADDRESSES: Written comments should C. Executive Order 13045 The intent of the State Plan be sent to: J. Elmer Bortzer, Chief, D. Executive Order 13084 requirement is to reduce several types of Regulation Development Section, Air E. Regulatory Flexibility Act air pollutants associated with waste Programs Branch (AR–18J), U.S. F. Unfunded Mandates incineration. Environmental Protection Agency, 77 G. Submission to Congress and the West Jackson Boulevard, Chicago, Comptroller General Why do we need to regulate HMIWI H. Paperwork Reduction Act emissions? Illinois 60604. You can inspect copies of I. National Technology Transfer and the State Plan submittal at the following Advancement Act The State Plan establishes control address: U.S. Environmental Protection J. Petitions for Judicial Review requirements which reduce the Agency, Region 5, Air and Radiation following emissions from HMIWIs: Division, 77 West Jackson Boulevard, I. What Is EPA Approving in This particulate matter, sulfur dioxide, Chicago, Illinois 60604. (We recommend Action? hydrogen chloride, nitrogen oxides, you contact Mark J. Palermo, We are approving the May 28, 1999, carbon monoxide, lead, cadmium, Environmental Protection Specialist at Illinois State Plan which implements mercury, dioxin, and dibenzofurans.
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These pollutants can cause adverse and furans can also affect the immune ground level ozone, which is associated effects to the public health and the system. Acid gases affect the respiratory with a number of adverse health and environment. Dioxin, lead, and mercury tract, as well as contribute to the acid environmental effects. bioaccumulate through the food web. rain that damages lakes and harms Serious developmental and adult effects forests and buildings. Exposure to What criteria must an HMIWI State Plan in humans, primarily damage to the particulate matter has been linked with meet to be approved? nervous system, have been associated adverse health effects, including The criteria for approving an HMIWI with exposures to mercury. Exposure to aggravation of existing respiratory and State Plan is summarized in the dioxin and furans can cause skin cardiovascular disease and increased following table: disorders, cancer, and reproductive risk of premature death. Nitrogen oxide effects such as endometriosis. Dioxin emissions contribute to the formation of
Requirement Elements
Sections 111(d) and 129: State Plan must be at least as protective as the EG .. ÐApplicability ÐEmission Limits ÐCompliance Schedules ÐPerformance Testing ÐMonitoring/Inspection ÐOperator Training/Certification ÐWaste Management Plan ÐRecordkeeping/Reporting 40 CFR part 60, subpart B: Criteria for an approvable section 111(d) plan ...... ÐDemonstration of Legal Authority ÐEnforceable Mechanism ÐEvidence of public hearing ÐSource and Emission Inventories ÐState Progress Report Commitment Section 129(e): Title V permit requirement ...... State Plans must ensure that affected HMIWI facilities submit Title V permit applications to the State by September 15, 2000.
We issued a guidance document III. The Illinois HMIWI State Plan Who is affected by the State Plan? describing in more detail the Where are the Illinois HMIWI Consistent with the EG, Illinois’ requirements for an approvable HMIWI requirements codified? HMIWI rules cover existing HMIWIs, State Plan, entitled ‘‘Hospital/Medical/ with the exception of certain exempt Infectious Waste Incinerator Emission Illinois’ State Plan requirements for HMIWIs, which only need to meet Guidelines: Summary of the HMIWIs are codified at 35 Ill. Adm. certain recordkeeping and certification Requirements for Section 111(d)/129 Code 229. The rule was adopted on May requirements. Also, hospitals which State Plans,’’ published November 1997. 6, 1999, and became effective on May send HMIWI waste to an off-site HMIWI Illinois used this document to develop 15, 1999. The rule was published in the are covered by waste management plan its State Plan. Illinois Register, volume 23, issue 22, p. requirements. The Illinois HMIWI 6477, on May 28, 1999. applicability criteria and associated requirements are summarized in the table below.
Category Requirements
HMIWI for which construction commenced on or Subject to control requirements specified in the EG. before June 20, 1996. Co-fired combustor ...... Not subject to control requirements specified in the EG but: Must have permit condition limiting operation to co-fired combustor status; and, Must keep records on weight of wastes or fuels burned on a calendar quarter basis. HMIWIs which combust only these wastes: Not subject to control requirements specified in the EG but: Ðpathological Must keep records on a calendar quarter basis demonstrating that only exempt wastes are burned; and, Ðlow-level radioactive Ðchemotherapeutic Must provide State and EPA certification that the HMIWI burns only these wastes. Hospitals that send waste to an off-site HMIWI Not subject to control requirements specified in the EG but: Must meet certain waste management plan requirements.
For an HMIWI to be considered a ‘‘co- waste, chemotherapeutic waste, and chemotherapeutic wastes part of the fired combustor,’’ it must be subject to low-level radioactive wastes are time can be exempt from control an enforceable permit condition limiting considered ‘‘other’’ wastes when requirements during those periods if it combustion of hospital or medical calculating the percentage of hospital notifies the IEPA pursuant to this infectious waste to 10% or less of total waste and medical/infectious waste operating scenario in its CAAPP waste burned, by weight, on a calendar combusted. application. quarter basis. For purposes of the co- HMIWIs which combust pathological fired combustor exemption, pathological wastes, low-level radioactive waste, or
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Who is exempt from the State Plan? Incinerators that would otherwise meet the HMIWI definition are completely exempt from the rule if they meet any of the following criteria:
You are exempt if:
You are a combustor required to have a permit under section 3005 of the Solid Waste Disposal Act, 42 U.S.C. 6925; You are a municipal waste combustor subject to 40 CFR part 60, subparts Cb, Ea or Eb; You are a pyrolysis unit (i.e., a unit that uses endothermic gasification to treat hospital waste or medical/infectious waste in order to render such waste harmless); You are a cement kiln firing hospital waste or medical/infectious waste; or, You are an HMIWI subject to the New Source Performance Stand- ards (NSPS) for HMIWIs, 40 CFR part 60, subpart Ec.
What does the State Plan require? If you are an HMIWI subject to control requirements under the Illinois HMIWI rule, you must comply with the requirements summarized below:
SUMMARY OF THE ILLINOIS HMIWI CONTROL REQUIREMENTS
Emission Limitations Separate limits are established for four cat- ÐDioxins/furans. egories of HMIWIs: ÐHydrogen chloride Ðsmall ÐSulfur dioxide. Ðmedium ÐOxides of nitrogen. Ðlarge ÐLead. Ðrural ÐCadmium. ÐMercury. ÐParticulate matter. ÐOpacity. ÐCarbon monoxide. Compliance provisions ...... ÐPerformance testing. ÐOperating parameter monitoring. ÐOperating parameter compliance. ÐInspection requirements (rural HMIWIs). ÐRecordkeeping and reporting. Operator provisions ...... ÐTraining. ÐCertification. ÐOn-site Operator Manual. Permit ...... ÐMust apply for a CAAPP permit.
Waste Management Plan Requirements (Requirements vary depending upon the type of facility)
Hospitals Using On-Site Incinerators ...... Submit a plan that identifies ways to reduce the amount and toxicity of incinerated waste, and provides an implementation schedule where feasible. Submit the plan at the same time the initial performance test results are reported. Submit annual waste management progress reports. Update the plan every five years coinciding with issuance or renewal of a CAAPP permit. Hospitals Transporting Waste Off-Site to an By September 15, 2000, conduct an assessment of current waste management program and HMIWI. identify ways to reduce volume and toxicity of incinerated waste. Submit annual waste management progress reports. HMIWIs Accepting Waste Generated Off-Site ... Provide information to customers annually on available ways to reduce the amount and toxicity of incinerated waste. Submit a plan on how and what information will be distributed. Submit plan at the same time the initial performance test results are reported. Other HMIWIs ...... Submit a plan that identifies ways to reduce the amount and toxicity of incinerated waste, and provides an implementation schedule where feasible. Submit the plan at the same time the initial performance test results are reported. Update the plan every 5 years to coincide with the issuance or renewal of a CAAPP permit.
The Illinois rule also prescribes When must the State Plan requirements an initial performance test by that date, various criteria and considerations in be met? unless the source requests an extended developing the plan, and specifies the Under the Illinois HMIWI rule, a compliance schedule. Any HMIWI components which the plan must subject HMIWI must be in compliance requesting an extended schedule must include. with the rule requirements by demonstrate compliance by September September 15, 2000, and must conduct 15, 2002, or must cease operation of the
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HMIWI until compliance with the rule What must you do to obtain an accordance with EG requirements, this is achieved. extended compliance schedule? compliance schedule must include Notwithstanding an extended documentation supporting the need for schedule, however, the Illinois rule HMIWIs seeking an extended an extension, a final control plan for the requires, consistent with the EG, compliance schedule must submit a HMIWI, and incremental steps to be compliance with the rule’s operator CAAPP application, on or before taken toward compliance, which, at a training and certification provisions by November 15, 1999, which requests an minimum, include the increments of September 15, 2000. extended compliance schedule. In progress listed below.
Increments of progress Due date
Finalize all contracts for the purchase of either pollution control equipment, process modification or control system ...... February 29, 2000 Begin process modifications or construction/installation of air pollution control devices for the HMIWI ...... November 30, 2000 Complete either the process modifications or the installation/construction of the new air pollution control equipment ...... August 31, 2001 Initial start-up of the retrofitted HMIWI ...... January 15, 2002 Complete the initial performance test in accordance with rule requirements ...... Within 180 days of ini- tial start-up
What must you do if you intend to What public review opportunities were is advised that this action will be permanently shut down? provided? effective on September 7, 1999. For all HMIWIs that intend to The Illinois Pollution Control Board VI. Administrative Requirements. held public hearings on the HMIWI permanently shut down, the source State Plan on January 21, 1999, in A. Executive Order 12866 must notify IEPA of that intent by Chicago, Illinois, and February 3, 1999, November 15, 1999, and take certain in Springfield, Illinois. Illinois also The Office of Management and Budget affirmative steps, described in the rule, accepted and formally responded to (OMB) has exempted this regulatory to demonstrate that the HMIWI has been written public comments on its rule. action from Executive Order (E.O.) rendered permanently inoperable by 12866, entitled ‘‘Regulatory Planning September 15, 2000. IV. Review and Approval of the Illinois and Review.’’ HMIWI State Plan. What are the permit application B. Executive Order 12875 deadlines? Why is the Illinois HMIWI State Plan approvable? Under E.O. 12875, EPA may not issue The Illinois HMIWI rule requires all We compared the Illinois HMIWI rule a regulation that is not required by HMIWIs subject to the rule’s emission 35 Ill.Adm.Code 229 against our HMIWI statute and that creates a mandate upon limits to operate pursuant to CAAPP EG. We find the Illinois rule to be at a state, local, or tribal government, permit by September 15, 2000. All least as protective as the EG. Also, the unless the Federal government provides HMIWIs which are currently not Illinois State Plan satisfies the the funds necessary to pay the direct required to obtain CAAPP permits must requirements for an approvable section compliance costs incurred by those apply for an CAAPP permit by 111(d) plan under subparts B and Ce of governments. If the mandate is September 15, 2000, unless the source is 40 CFR part 60. For these reasons, we unfunded, EPA must provide to the seeking an extended compliance are approving the Illinois HMIWI State Office of Management and Budget a schedule. To avail themselves of the Plan. description of the extent of EPA’s prior extended compliance schedule V. EPA Rulemaking Action. consultation with representatives of described above, sources must submit affected state, local, and tribal We are approving, through direct final their CAAPP application requesting the rulemaking action, Illinois’ section governments, the nature of their extension by November 15, 1999. 111(d)/129 State Plan for HMIWIs. The concerns, copies of written HMIWIs that currently have CAAPP EPA is publishing this action without communications from the governments, permits have special deadlines to make prior proposal because EPA views this and a statement supporting the need to revisions incorporating the HMIWI rule as a noncontroversial revision and issue the regulation. In addition, E.O. requirements, depending upon how anticipates no adverse comments. 12875 requires EPA to develop an much time is remaining in the CAAPP However, in a separate document in this effective process permitting elected permit term. Federal Register publication, the EPA is officials and other representatives of proposing to approve the SIP revision state, local, and tribal governments ‘‘to What else does the State Plan include? should adverse written comments be provide meaningful and timely input in filed. This action will be effective the development of regulatory proposals The State Plan includes a September 7, 1999 without further containing significant unfunded demonstration of legal authority to notice unless EPA receives relevant mandates.’’ Today’s rule does not create implement the EG, documentation of adverse written comment by August 6, a mandate on state, local or tribal public hearing, comment, and response, 1999. Should the Agency receive such governments. The rule does not impose a source and emissions inventory, and comments, it will publish a timely any enforceable duties on these entities. provision for State progress reports to withdrawal informing the public that Accordingly, the requirements of EPA. These materials were submitted to this action will not take effect. Any section 1(a) of E.O. 12875 do not apply satisfy the section 111(d) requirements parties interested in commenting on this to this rule. under 40 CFR part 60, subpart B. action should do so at this time. If no such comments are received, the public
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C. Executive Order 13045 a substantial number of small entities. that before a rule may take effect, the Protection of Children from Small entities include small businesses, agency promulgating the rule must Environmental Health Risks and Safety small not-for-profit enterprises, and submit a rule report, which includes a Risks (62 FR 19885, April 23, 1997), small governmental jurisdictions. This copy of the rule, to each House of the applies to any rule that: (1) Is final rule will not have a significant Congress and to the Comptroller General impact on a substantial number of small determined to be ‘‘economically of the United States. EPA will submit a entities because SIP approvals under significant’’ as defined under E.O. report containing this rule and other section 110 and subchapter I, part D of 12866, and (2) concerns an required information to the U.S. Senate, the Clean Air Act do not create any new environmental health or safety risk that the U.S. House of Representatives, and requirements but simply approve EPA has reason to believe may have a the Comptroller General of the United requirements that the State is already disproportionate effect on children. If States prior to publication of the rule in imposing. Therefore, because the the regulatory action meets both criteria, the Federal Register. A major rule Federal SIP approval does not create the Agency must evaluate the cannot take effect until 60 days after it any new requirements, I certify that this environmental health or safety effects of is published in the Federal Register. action will not have a significant the planned rule on children, and This rule is not a ‘‘major’’ rule as economic impact on a substantial defined by 5 U.S.C. 804(2). explain why the planned regulation is number of small entities. Moreover, due preferable to other potentially effective to the nature of the Federal-State H. Paperwork Reduction Act and reasonably feasible alternatives relationship under the Clean Air Act, This action does not contain any considered by the Agency. preparation of flexibility analysis would This rule is not subject to E.O. 13045 information collection requirements constitute Federal inquiry into the which requires OMB approval under the because it does not involve decisions economic reasonableness of state action. intended to mitigate environmental Paperwork Reduction Act (44 U.S.C. The Clean Air Act forbids EPA to base 3501 et seq.). health or safety risks. its actions concerning SIPs on such D. Executive Order 13084 grounds. Union Electric Co., versus U.S. I. National Technology Transfer and EPA, 427 U.S. 246, 255–66 (1976); 42 Advancement Act Under E.O. 13084, EPA may not issue U.S.C. 7410(a)(2). a regulation that is not required by Section 12 of the National Technology statute, that significantly affects or F. Unfunded Mandates Transfer and Advancement Act (NTTAA) of 1995 requires Federal uniquely affects the communities of Under section 202 of the Unfunded agencies to evaluate existing technical Indian tribal governments, and that Mandates Reform Act of 1995 standards when developing a new imposes substantial direct compliance (‘‘Unfunded Mandates Act’’), signed regulation. To comply with NTTAA, costs on those communities, unless the into law on March 22, 1995, EPA must EPA must consider and use ‘‘voluntary Federal government provides the funds prepare a budgetary impact statement to consensus standards’’ (VCS) if available necessary to pay the direct compliance accompany any proposed or final rule costs incurred by the tribal that includes a Federal mandate that and applicable when developing governments. If the mandate is may result in estimated annual costs to programs and policies unless doing so unfunded, EPA must provide to the State, local, or tribal governments in the would be inconsistent with applicable Office of Management and Budget, in a aggregate; or to private sector, of $100 law or otherwise impractical. separately identified section of the million or more. Under section 205, The EPA believes that VCS are preamble to the rule, a description of EPA must select the most cost-effective inapplicable to this action. Today’s the extent of EPA’s prior consultation and least burdensome alternative that action does not require the public to with representatives of affected tribal achieves the objectives of the rule and perform activities conducive to the use governments, a summary of the nature is consistent with statutory of VCS. of their concerns, and a statement requirements. Section 203 requires EPA J. Petitions for Judicial Review supporting the need to issue the to establish a plan for informing and regulation. In addition, E.O. 13084 advising any small governments that Under section 307(b)(1) of the Clean requires EPA to develop an effective may be significantly or uniquely Air Act, petitions for judicial review of process permitting elected and other impacted by the rule. this action must be filed in the United representatives of Indian tribal EPA has determined that the approval States Court of Appeals for the governments ‘‘to provide meaningful action promulgated does not include a appropriate circuit by September 7, and timely input in the development of Federal mandate that may result in 1999. Filing a petition for regulatory policies on matters that estimated annual costs of $100 million reconsideration by the Administrator of significantly or uniquely affect their or more to either State, local, or tribal this final rule does not affect the finality communities.’’ Today’s rule does not governments in the aggregate, or to the of this rule for the purposes of judicial significantly or uniquely affect the private sector. This Federal action review nor does it extend the time communities of Indian tribal approves pre-existing requirements within which a petition for judicial governments. Accordingly, the under State or local law, and imposes review may be filed, and shall not requirements of section 3(b) of E.O. no new requirements. Accordingly, no postpone the effectiveness of such rule 13084 do not apply to this rule. additional costs to State, local, or tribal or action. This action may not be challenged later in proceedings to E. Regulatory Flexibility Act governments, or to the private sector, result from this action. enforce its requirements. (See section The Regulatory Flexibility Act (RFA) 307(b)(2).) generally requires an agency to conduct G. Submission to Congress and the List of Subjects in 40 CFR Part 62 a regulatory flexibility analysis of any Comptroller General rule subject to notice and comment The Congressional Review Act, 5 Environmental protection, rulemaking requirements unless the U.S.C. 801 et seq., as added by the Small Administrative practice and procedure, agency certifies that the rule will not Business Regulatory Enforcement Air pollution control, Intergovernmental have a significant economic impact on Fairness Act of 1996, generally provides relations, Hospital/medical/infectious
VerDate 18-JUN-99 10:00 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\A07JY0.043 pfrm03 PsN: 07JYR1 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Rules and Regulations 36605 waste incinerators, Reporting and SUMMARY: This rule announces the SUPPLEMENTARY INFORMATION: recordkeeping requirements. effective date of the rules published on A. Background Dated: June 23, 1999. February 10, 1999. Those rules amended NASA has made the NFS available to Jerri-Anne Garl, the Commission’s rules regarding procedures for filing petitions and the public on a subscription basis Acting Regional Administrator, Region 5. complaints pursuant to part 76. through the Government Printing Office. 40 CFR part 62 of the Code of Federal However, NASA has determined that it EFFECTIVE DATE: Sections 76.6, 76.7, Regulations is amended as follows: is more efficient and economical to 76.8, 76.9, 76.10, 76.61, 76.914, 76.1003, 1. The authority citation for part 62 provide the NFS only through electronic 76.1302, and 76.1513 published at 64 continues to read as follows: means. This approach ensures greater FR 6565 (February 10, 1999) are accuracy, wider dissemination, and Authority: 42 U.S.C. 7401–7642. effective on July 15, 1999. immediate implementation of changes. Subpart OÐIllinois FOR FURTHER INFORMATION CONTACT: The official NASA-maintained version Thomas Horan, Cable Services Bureau, of the NFS is available at http:// 2. A new center heading and sections (202) 418–7200. www.hq.nasa.gov/office/procurement/ 62.3340, 62.3341, and 62.3342 are regs/nfstoc.htm. In addition, the added to read as follows: SUPPLEMENTARY INFORMATION: On June instructions in a recent final rule (64 FR * * * * * 18, 1999, the Office of Management and Budget (‘‘OMB’’) approved the 19925) revising NASA’s MidRange Metals, Acid Gases, Organic amendments to the procedural rules in procurement procedures directed Compounds and Nitrogen Oxide 47 CFR part 76 pursuant to OMB revision of the second sentence of Emissions From Existing Hospital / Control No. 3060–0888. Accordingly, section 1871.602. The third, rather than Medical Infectious Waste Incinerators the rules in Sections 76.6, 76.7, 76.8, the second, sentence should have been 76.9, 76.10, 76.61, 76.914, 76.1003, revised. § 62.3340 Identification of plan. 76.1302, and 76.1513 will be effective B. Regulatory Flexibility Act Illinois submitted, on May 28, 1999, on July 15, 1999. a State Plan for implementing the This final rule does not constitute a Emission Guidelines affecting Hospital/ List of Subjects in 47 CFR Part 76 significant revision within the meaning Medical Infectious Waste Incinerators Cable television. of FAR 1.501 and Pub. L. 98–577, and (HMIWI). The enforceable mechanism publication for comments is not for this plan is 35 Ill. Adm. Code 229. Federal Communications Commission. required. However, comments from The rule was adopted by the Illinois Magalie Roman Salas, small business entities concerning the Pollution Control Board on May 6, 1999. Secretary. affected NFS coverage will be The rule became effective on May 15, [FR Doc. 99–17233 Filed 7–6–99; 8:45 am] considered in accordance with 5 U.S.C. 1999, and was published in the Illinois BILLING CODE 6712±01±P 610. Such comments may be submitted Register on May 28, 1999 at 23 Ill. Reg. separately and should cite 5 U.S.C. 601, 6477 et seq.
§ 62.3341 Identification of sources. NATIONAL AERONAUTICS AND C. Paperwork Reduction Act The Illinois State Plan for existing SPACE ADMINISTRATION The Paperwork Reduction Act does Hospital/Medical/Infectious Waste not apply because the changes to the Incinerators (HMIWI) applies to all 48 CFR Parts 1801, 1804, 1809, 1815, NFS do not impose any recordkeeping HMIWIs for which construction 1827, 1832, 1845, 1852, 1871, and 1872 or information collection requirements, commenced either on or before June 20, or collections of information from 1996. Miscellaneous Administrative offerors, contractors, or members of the Revisions § 62.3342 Effective Date. public that require the approval of the Office of Management and Budget under The effective date of the Illinois State AGENCY: National Aeronautics and 44 U.S.C. 3501, et seq. Plan for existing Hospital/Medical/ Space Administration (NASA). Infectious Waste Incinerators is ACTION: Final rule. List of Subjects in CFR Parts 1801, September 7, 1999. 1804, 1809, 1815, 1827, 1832, 1845, 1852, 1871, and 1872 [FR Doc. 99–17028 Filed 7–6–99; 8:45 am] SUMMARY: This final rule makes the BILLING CODE 6560±50±P following administrative changes to the Government procurement. NASA FAR Supplement (NFS): conform Tom Luedtke, the current coverage on regulatory Associate Administrator for Procurement. FEDERAL COMMUNICATIONS maintenance to reflect that the NFS is Accordingly, 48 CFR Parts 1801, 1804, COMMISSION available from NASA only in electronic format; correct referenced addresses and 1809, 1815, 1827, 1832, 1845, 1852, 47 CFR Part 76 document titles; correct section 1871, and 1872 are amended as follows: numbering; clarify that FAR 52.227–11, 1. The authority citation for 48 CFR [CS Docket No. 98±54; FCC 98±348] Alternate IV, is not used in NASA Parts 1801, 1804, 1809, 1815, 1827, 1832, 1845, 1852, 1871, and 1872 1998 Biennial ReviewÐPart 76 Cable contracts; and correct an editorial error continues to read as follows: Television Service Pleading and in a recent final rule. Complaint Rules EFFECTIVE DATE: July 7, 1999. Authority: 42 U.S.C. 2473(c)(1) AGENCY: Federal Communications FOR FURTHER INFORMATION CONTACT: Tom PART 1801ÐFEDERAL ACQUISITION Commission. O’Toole, NASA Headquarters, Code HK, REGULATIONS SYSTEM Washington, DC 20546, telephone: (202) ACTION: Final rule; announcement of 358–0478; email: 2. In section 1801.105–1, paragraph effective date. [email protected]. (a) is revised to read as follows:
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1801.105±1 Publication and code PART 1815ÐCONTRACTING BY 1871.602 Specifications for MidRange arrangement. NEGOTIATION procurements. (a) The single official NASA- 8. Section 1815.670 is revised to read BVS refines the traditional approach maintained version of the NFS is on the as follows: to preparing specifications. BVS Internet (http://www.hq.nasa.gov/office/ envisions that the requirement will procurement/regs/nfstoc.htm). 1815.670 Foreign proposals. focus on the end result that is to be * * * * * Unsolicited proposals from foreign achieved and will serve as a statement sources are subject to NPD 1360.2, of the Government’s baseline 1801.105±3 and 1801.105±370 [Removed] Initiation and Development of requirements. The offeror will be guided 3. Sections 1801.105–3 and 1801.105– International Cooperation in Space and in meeting the Government’s needs by 370 are removed. Aeronautics Programs. a separate set of value characteristics 4. Section 1801.270 is revised to read PART 1827ÐPATENTS, DATA, AND which establish what the Government as follows: COPYRIGHTS considers to be valuable in an offer beyond the baseline requirement. These 1801.270 Amendment of the NFS. 9. In section 1827.303, paragraph value characteristics will be (a) The NFS is amended by publishing (a)(5) is added to read as follows: performance based and will permit the changes in the Federal Register. These 1827.303 Contract clauses. selection of the offer which provides changes are then incorporated into the (a) * * * better results for a reasonable marginal NASA-maintained Internet version of (5) Alternate IV to 52.227–11 is not increase in price. the NFS through Procurement Notices used in NASA contracts. See instead (PNs). PNs are numbered consecutively, 1827.303–70(a). PART 1872ÐACQUISITIONS OF prefixed by the last two digits of the * * * * * INVESTIGATIONS calendar year of issuance of the current edition of the NFS. PART 1832ÐCONTRACT FINANCING § 1872.303 [Amended] (b) Compliance with a revision to the 10. In section 1832.906, the first 14. In section 1872.303, the reference NFS shall be in accordance with the PN sentence in paragraph (a) is revised to in paragraph (b) to ‘‘(See NMI 1362.1, containing the revision. Unless read as follows: Initiation and Development of otherwise stated, solicitations that have International Cooperation in Space and been issued, and bilateral agreements 1832.906 Contract financing payments. Aeronautical Programs)’’ is revised to for which negotiations have been (a) Except as authorized in 1832.908, read ‘‘(see NPD 1360.2, Initiation and completed, before the receipt of new or it is NASA’s policy to make contract Development of International revised contract clauses need not be financing payments on the 30th day Cooperation in Space and Aeronautics amended to include the new or revised after the designated billing office has Programs)’’. clauses if including them would unduly received a proper request. * ** delay the acquisition. * * * * * § 1872.305 [Amended] 5. Sections 1801.270–1, 1801.270–2, 15. In section 1872.305, the reference 1801.270–3, and 1801.270–4 are PART 1845ÐGOVERNMENT PROPERTY in paragraph (c) to ‘‘Acquisition’’ is removed. revised to read ‘‘Procurement’’. 11. Section 1845.406 is redesignated PART 1804ÐADMINISTRATIVE as 1845.407, and the existing section [FR Doc. 99–17038 Filed 7–6–99; 8:45 am] MATTERS 1845.407 is redesignated as 1845.406. BILLING CODE 7510±01±P 6. Section 1804.202 is revised to read PART 1852ÐSOLICITATION as follows: PROVISIONS AND CONTRACT NATIONAL AERONAUTICS AND 1804.202 Agency distribution CLAUSES SPACE ADMINISTRATION requirements. 12. In section 1852.235–70, the date 48 CFR Part 1833 In addition to the requirements in and paragraph (d) are revised to read as FAR 4.201, the contracting officer shall follows: NASA FAR Supplement; Protests to distribute one copy of each R&D 1852.235±70 Center for AeroSpace the Agency contract, including the Statement of Information. Work, to the NASA Center for * * * * * AGENCY: Office of Procurement, Contract AeroSpace Information (CASI), Management Division, National Attention: Document Processing Center for Aerospace Information Aeronautics and Space Administration Section, 7121 Standard Drive, Hanover, July 1999 (NASA). MD 21076–1320. * * * * * ACTION: Final rule. (d) When the contract requires the delivery PART 1809ÐCONTRACTOR of reports or data to CASI, a reproducible QUALIFICATIONS copy and a printed or reproduced copy of SUMMARY: NASA has a mandatory such reports or data shall be concurrently solicitation provision required to be 7. Section 1809.200 is revised to read submitted to: Center for AeroSpace inserted in all solicitations which as follows: Information (CASI), Attn: Document informs potential bidders or offerors to Processing Section, 7121 Standard Drive, 1809.200 Scope of subpart. Hanover, Maryland 21076–1320. whom Agency protests may be submitted. The provision provides that (End of clause) This subpart prescribes policies and potential bidders or offerors may submit procedures to be followed in the use of PART 1871ÐMIDRANGE a protest directly to the Contracting qualified products lists for acquisition PROCUREMENT PROCEDURES Officer or alternatively to the Deputy of parts consistent with the policies of Associate Administrator for NASA Policy Directive 8730.2, NASA 13. Section 1871.602 is revised to read Procurement, who will serve as or Parts Policy. as follows:
VerDate 18-JUN-99 16:03 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\07JYR1.XXX pfrm01 PsN: 07JYR1 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Rules and Regulations 36607 designate the official responsible for because there are few protests of NASA an alternative to a protest to the conducting an independent review of procurements. contracting officer, but not as an appeal the protest. Based on our experience of a protest decision. All independent Paperwork Reduction Act with protests submitted to the Agency, reviews shall be conducted by the we are amending NASA regulations to The Paperwork Reduction Act does Deputy AssociateAdministrator for address whether or not there is any not apply because the changes to the Procurement or designee. Such reviews appeal from or reconsideration of NASA FAR Supplement do not impose are different from the Ombudsman Agency protest decisions within NASA. any new recordkeeping or information Program described at 1815.7001. This final rule also addresses whether or collection requirements, or new (d) NASA shall summarily dismiss not NASA will continue to consider an collections of information from offerors, and take no further action upon any Agency protest that is related to pending contractors, or members of the public protest to the Agency if the substance of judicial proceedings or where the which require the approval of the Office the protest is pending in judicial protester has filed a protest on the same of Management and Budget (OMB) proceedings or the protester has filed a procurement with the United States under 44 U.S.C. 3501, et seq. protest on the same acquisition with the General Accounting Office prior to List of Subjects in 48 CFR Part 1833 United States GeneralAccounting Office receipt of an Agency protest decision. prior to receipt of an Agency protest The effect of this additional information Government procurement. decision. Tom Luedtke, is to give potential bidders or offerors a (4) When a potential bidder or offeror better understanding of NASA’s process Associate Administrator for Procurement. submits an Agency protest to NASA to for considering protests to the Agency. Accordingly, 48 CFR part 1833 is the contracting officer or alternatively EFFECTIVE DATE: July 7, 1999. amended as follows. requests an independent review, the FOR FURTHER INFORMATION CONTACT: decision of the contracting officer or the Dave Beck, NASA Headquarters, Code PART 1833ÐPROTESTS, DISPUTES, independent review official shall be HK, Washington, DC 20546–0001, AND APPEALS final and is not subject to any appeal or email: [email protected], telephone: 1. The authority citation for 48 CFR reconsideration within NASA. (202) 358–0482. part 1833 continues to read as follows: (f) Protests received at NASA offices SUPPLEMENTARY INFORMATION: or locations other than that of the Authority: 42 U.S.C. 2473(c)(1). Background cognizant contracting officer shall be Subpart 1833.1ÐProtests immediately referred to the contracting A proposed rule was published in the officer for disposition (see 1833.106(a)). Federal Register on April 12, 1999 (64 2. Section 1833.103 is amended by The contracting officer shall advise the FR 17603). No comments were received. revising the section heading, Headquarters Office of the General The final rule adopts the proposed rule redesignating paragraph (b) as paragraph Counsel (Code GK) of the receipt of the without change. (f) and adding paragraph(c), paragraph protest and the planned and actual Regulatory Flexibility Act (d) introductory text, and paragraph disposition. This paragraph does not (d)(4) to read as follows: apply when the protester has requested NASA certifies that this final rule will an independent review under the not have a significant economic impact 1833.103 Protests to the agency. (NASA provision at 1852.233–70. on a substantial number of small entities supplements paragraphs(c), (d) and (f).) within the meaning of the Regulatory (c) An independent review under the [FR Doc. 99–17039 Filed 7–6–99; 8:45 am] Flexibility Act, 5 U.S.C. 601, et seq., provision at 1852.233–70 is available as BILLING CODE 7510±01±P
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Proposed Rules Federal Register Vol. 64, No. 129
Wednesday, July 7, 1999
This section of the FEDERAL REGISTER APHIS documents published in the incidents, including the introduction of contains notices to the public of the proposed Federal Register, and related the Asian longhorned beetle, issuance of rules and regulations. The information, including the names of demonstrate that China is the largest purpose of these notices is to give interested organizations and individuals who have source of exotic plant pests in SWPM persons an opportunity to participate in the commented on APHIS rules, are imported into the United States. The rule making prior to the adoption of the final rules. available on the Internet at http:// interim rule became effective on www.aphis.usda.gov/ppd/rad/ December 17, 1998. We amended the webrepor.html. interim rule in a second interim rule DEPARTMENT OF AGRICULTURE FOR FURTHER INFORMATION CONTACT: Ms. effective and published in the Federal Nancy Sweeney, Environmental Register on December 17, 1998 (63 FR Animal and Plant Health Inspection Protection Officer, Environmental 69539–69543, Docket No. 98–087–4). Service Analysis and Documentation, PPD, The second interim rule made minor APHIS, 4700 River Road Unit 149, revisions regarding three documents in 7 CFR Part 319 Riverdale, MD 20737–1237; (301) 734– order to better coordinate the [Docket No. 99±037±1] 7681; or e-mail: requirements of the rule with the United [email protected]. States Customs Service’s electronic Environmental Impact Statement for SUPPLEMENTARY INFORMATION: The Automated Broker Interface system and the Importation of Unmanufactured Animal and Plant Health Inspection entry operations procedures. Solid Wood Packing Material Service (APHIS) is considering On January 20, 1999, we published an amending the regulations on the advance notice of proposed rulemaking AGENCY: Animal and Plant Health importation of logs, lumber, and other in the Federal Register (64 FR 3049– Inspection Service, USDA. unmanufactured wood articles to 3052, Docket No. 98–057–1) to seek ACTION: Identification of regulatory decrease the risk of solid wood packing information and develop regulatory alternatives and request for comments. material (e.g., crates, dunnage, wooden options on the general problem of plant spools, pallets, packing blocks) pests in SWPM imported from any SUMMARY: We are advising the public country. In the notice, we requested that the Animal and Plant Health introducing exotic plant pests into the United States. Under the provisions of public comment on what actions would Inspection Service intends to prepare an be most effective and appropriate to environmental impact statement in the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4331, et seq.), further reduce the risk of SWPM connection with regulations we are introducing exotic plant pests into the considering proposing regarding the we are required to consider the potential environmental effects from the United States. We received 102 importation of unmanufactured solid comments in response to the advance wood packing material. This notice regulations under consideration. The purpose of this notice is to inform the notice of proposed rulemaking. identifies potential regulatory We are now considering proposing alternatives and issues that we plan to public of our intent to prepare an environmental impact statement (EIS) regulations to address the problem of analyze in the environmental impact SWPM introducing exotic plant pests statement and requests public comment and to solicit public comments on the scope of the environmental issues to be into the United States. We intend to to further delineate the scope of the prepare an EIS to inform the public and alternatives and issues. analyzed in the EIS. The regulations in 7 CFR 319.40–1 APHIS decisionmakers of the potential DATES: We invite you to comment on through 319.40–11 (referred to below as environmental effects from various this docket. We will consider all the regulations) are intended to mitigate regulatory alternatives. We are comments that we receive by September the plant pest risk presented by the requesting public comments to help us 7, 1999. importation of logs, lumber, and other identify potential regulatory alternatives ADDRESSES: Please send your comment unmanufactured wood articles, and significant environmental issues and three copies to: Docket No. 99–037– including solid wood packing material that should be analyzed in the EIS. 1, Regulatory Analysis and (SWPM). Introductions into the United We have identified five alternatives Development, PPD, APHIS, Suite 3C03, States of exotic plant pests such as the that we plan to consider in the EIS, as 4700 River Road, Unit 118, Riverdale, pine shoot beetle and the Asian follows: MD 20737–1238. Please state that your longhorned beetle have been linked to • Take no additional regulatory comment refers to Docket No. 99–037– the importation of SWPM. These and action (i.e., maintain the current 1. other plant pests that could be carried requirements for importing SWPM, You may read any comments that we by imported SWPM pose a serious including finalizing the requirements receive on this docket in our reading threat to U.S. agriculture and to natural, established by the September 18 and room. The reading room is located in cultivated, and urban forests. December 17 interim rules concerning room 1141 of the USDA South Building, On September 18, 1998, we published importing SWPM from China); 14th Street and Independence Avenue, an interim rule in the Federal Register • Apply the same requirements SW., Washington, DC. Normal reading (63 FR 50100–50111, Docket No. 98– concerning SWPM from China to SWPM room hours are 8 a.m. to 4:30 p.m., 087–1) to require that SWPM from from the rest of the world (i.e., require Monday through Friday, except China be heat treated, fumigated, or SWPM imported from any part of the holidays. To be sure someone is there to treated with preservatives prior to world to be heat treated, fumigated, or help you, please call (202) 690–2817 arrival in the United States. We took treated with preservatives prior to before coming. this action because a number of recent arrival in the United States);
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• Impose restrictions—either ACTION: Proposed rule. of the Department of Agriculture treatment or ban—on a country-by- Reorganization Act of 1994 (7 U.S.C. country basis based on pest risk SUMMARY: The Rural Utilities Service § 6912(e)) administrative appeal assessments; (RUS) is proposing to amend its procedures, if any are required must be • Prohibit the importation of SWPM regulations to revise requirements for exhausted prior to initiating litigation in any form from any country; borrower load forecasts and load against the Department or its agencies. • Prohibit the importation of SWPM forecast work plans (historically referred except for types of SWPM that are to as power requirements studies and Regulatory Flexibility Act Certification intended for extended, multiple power requirements study work plans). The Administrator of RUS has shipment use and are: 100 percent free The proposed changes would reduce the determined that a rule relating to RUS’ of bark, either kiln dried to an industrial level of detail required in load forecasts electric loan program is not a rule as standard or heat treated to a minimum filed by small power supply borrowers defined in the Regulatory Flexibility Act of 71.1 °C for 75 minutes, and marked and their members and by distribution (5 U.S.C. 601 et seq.) and, therefore, the so as to be easily identifiable. borrowers unaffiliated with a large Regulatory Flexibility Act does not We specifically requested comments power supply borrower. The proposed apply to this rule. RUS borrowers, as a on some of these alternatives in the changes also would give borrowers result of obtaining Federal financing, advance notice of proposed rulemaking. greater flexibility in preparation of load receive economic benefits that exceed All of the alternatives were addressed or forecasts required to be submitted to any direct economic costs associated identified in comments submitted in RUS. with complying with RUS regulations response to the advance notice of DATES: Written comments must be and requirements. proposed rulemaking. We would like received by RUS or carry a postmark or Information Collection and comments on these alternatives and on equivalent by September 7, 1999. Recordkeeping Requirements other alternatives that should be ADDRESSES: Written comments should analyzed in the EIS. be addressed to Georg A. Shultz, Chief, The reporting and recordkeeping We will analyze the potential effects Energy Forecasting Branch, Electric requirements contained in the proposed of each regulatory alternative on the Staff Division, Rural Utilities Service, U. rule were approved by the Office of human environment, including possible S. Department of Agriculture, 1400 Management and Budget (OMB) risks to human health, and the potential Independence Ave., SW., Room 1246– pursuant to the Paperwork Reduction effects on forests, biodiversity, and SBldg., STOP 1569, Washington, DC Act of 1995 (44 U.S.C. Chapter 35) nontarget species in the United States. 20250–1569. RUS requests a signed under control number 0572–0032. We are also interested in comments that original and three copies of all Send questions or comments identify other issues that should be comments (7 CFR 1700.4). Comments regarding this burden or any other analyzed in the EIS. Potential issues will be available for public inspection aspect of this collection of information, include identification of treatment during regular business hours (7 CFR including suggestions for reducing the methods other than those currently 1.27(b)). burden to F. Lamont Heppe, Director, approved in the regulations (currently Program Development and Regulatory FOR FURTHER INFORMATION CONTACT: approved treatments are heat treatment, Analysis, Rural Utilities Service, 1400 heat treatment with moisture reduction, Georg A. Shultz, Chief, Energy Independence Ave., SW, Room 4034– surface pesticide treatment, methyl Forecasting Branch, Electric Staff SBldg., STOP 1522, Washington, DC bromide fumigation, and preservative Division, Rural Utilities Service, U.S. 20250–1522. treatment) and the ability to effectively Department of Agriculture, 1400 Unfunded Mandates monitor compliance with potential Independence Ave., SW., Room 1246– alternatives. SBldg., STOP 1569, Washington, DC This proposed rule contains no Comments regarding the proposed 20250–1569, telephone number: (202) Federal mandates (under the regulatory scope of the EIS are welcome and will 720–1920, fax: (202) 720–7491, E-mail: provision of Title II of the Unfunded be fully considered. When the draft EIS [email protected]. Mandates Reform Act) for State, local, is completed, a notice announcing its SUPPLEMENTARY INFORMATION: and tribal governments, or the private availability and an invitation to Executive Order 12866 sector. Thus, this proposed rule is not comment on it will be published in the subject to the requirements of section Federal Register. This proposed rule has been 202 and 205 of the Unfunded Mandates determined to be not significant for Reform Act. Done in Washington, DC, this 30th day of purposes of Executive Order 12866 and, June 1999. therefore, has not been reviewed by the National Environmental Policy Act Craig A. Reed, Office of Management and Budget Certification Administrator, Animal and Plant Health (OMB). The Administrator of RUS has Inspection Service. determined that this proposed rule will Executive Order 12988 [FR Doc. 99–17155 Filed 7–6–99; 8:45 am] not significantly affect the quality of the BILLING CODE 3410±34±P This proposed rule has been reviewed human environment as defined by the in accordance with Executive Order National Environmental Policy Act of 12988, Civil Justice Reform. RUS has 1969 (42 U.S.C. 4321 et seq.). Therefore, DEPARTMENT OF AGRICULTURE determined that this proposed rule this action does not require an Rural Utilities Service meets the applicable standards provided environmental impact statement or in Section 3 of the Executive Order. In assessment. 7 CFR Part 1710 accordance with the Executive Order and the rule: (1) all state and local laws Catalog of Federal Domestic Assistance RIN 0572±AB05 and regulations that are in conflict with The program described by this Load Forecasts this rule will be preempted; (2) no proposed rule is listed in the Catalog of retroactive effect will be given to this Federal Domestic Assistance Programs AGENCY: Rural Utilities Service, USDA. rule and (3) in accordance with § 212(e) under number 10.850, Rural
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Electrification Loans and Loan RUS and our borrowers have gained the same definition as ‘‘power Guarantees. This catalog is available on greater familiarity with the development requirements study’’ and the term ‘‘load a subscription basis from the and use of load forecasts, and forecast work plan’’ has the same Superintendent of Documents, U.S. supporting analyses and data and the definition as ‘‘power requirement study Government Printing Office, experience and sophistication of RUS work plan.’’ The terms ‘‘approved load Washington, DC 20402–9325, telephone financed systems have increased. forecast’’ and ‘‘approved load forecast number (202) 512–1800. In response to changes in the industry work plan’’ have been added to clarify and the Administration’s ongoing those load forecasts and load forecast Executive Order 12372 commitment to improving customer work plans that RUS has determined are This proposed rule is excluded from service, RUS has amended a number of current for RUS purposes and have been the scope of Executive Order 12372, its regulations and practices involving approved by RUS pursuant to 7 CFR Intergovernmental Consultation which its oversight of borrower systems to part 1710, subpart E. may require consultation with state and update and streamline these local offices. A final rule related notice Requirements to File Load Forecasts and requirements. This proposed regulation Load Forecast Work Plans entitled ‘‘Department Programs and is part of RUS’ continuing effort to Activities Excluded from Executive improve customer service. Load forecasts are one of four primary Order 12372,’’ (50 FR 47034) This proposed rule implements documents required to be submitted in determined that RUS loans and loan recommendations to modify load support of applications for RUS loans guarantees were not covered by forecast requirements which arose out of and loan guarantees (§ 1710.152). Load Executive Order 12372. the RUS strategic planning process. The forecasts aid in RUS analysis of feasibility for loan approval and RUS Background proposed changes simplify the procedure and minimize the detail of review of loan security. RUS has The Rural Utilities Service (RUS) information RUS needs for loan required the larger power supply makes and guarantees loans to furnish feasibility determinations. The proposed borrowers and their member systems to and improve electric service in rural revisions to the existing rule balance maintain an approved load forecast and areas pursuant to the Rural RUS’ continuing need to maintain approved load forecast work plan. As a Electrification Act of 1936, 7 U.S.C. 901 current up-to-date load forecast result, approved load forecasts for these et seq. (RE Act). Under the RE Act, RUS information for electric borrowers with borrower’s systems are in place and may make or guarantee a loan only if the allow more expeditious review of Administrator determines that the its goal of reducing regulatory requirements and burdens on borrowers. requests for RUS assistance. security for the loan is reasonably Under both the existing regulations In the usual course of business, all adequate and that the loan will be and the proposed rule changes, whether prudent utilities engage in a continuing repaid within the time agreed. Most and when a borrower must maintain an planning process incorporating borrowers apply for a new loan to meet approved load forecast or approved load objective load forecasts in order to system needs every two to three years. forecast work plan is generally provide reliable electric service for their The security for these loans is generally determined by the value of the existing and future customers. a first lien on the borrower’s electric borrower’s assets or total utility plant Borrowers submit their load forecasts system, evidenced through the filing of and whether a borrower is affiliated and load forecast work plans to RUS in a mortgage. In order to determine the with a power supply borrower that is feasibility of a new loan and whether order to provide the necessary support required to maintain an approved load borrowers will have sufficient revenues for RUS approval of loans and a basis forecast and approved load forecast to repay existing loans, RUS requires for RUS to monitor future borrower work plan. most borrowers to file load forecasts, performance for loan security purposes. Under existing regulations, power historically called ‘‘power requirements The proposed rule would modify the supply borrowers with total assets over studies’’ by RUS, containing current and existing requirements and reduce the $300 million and distribution borrowers detailed information and analyses on number of borrower systems required to that own generation and transmission existing and expected future loads. maintain current load forecasts on file plant valued at over $300 million are Detailed information from the load with RUS. The proposed changes would required to maintain an approved load forecasts are used in RUS’ independent allow borrowers greater flexibility in forecast and an approved load forecast analysis and oversight of borrower preparation of the load forecasts and work plan. Other RUS borrowers with systems. supporting information submitted to total assets over $300 million must RUS regulations on the preparation RUS. The proposed changes will reduce maintain an approved load forecast and and approval of power requirements burdens on both borrowers and the RUS submit it to support requests for RUS studies and power requirements work electric program. financing, approval of long-term power plans, contained at 7 CFR part 1710, Summary of Proposed Changes contracts, and other actions. Power subpart E, were last revised in 1992, at supply borrowers with total assets over Definitions 57 FR 1053 and 57 FR 4513. Since then, $300 million and their member power the business and regulatory The proposed rule makes several supply and distribution borrowers must environment in the electric industry has conforming changes to the definitions in coordinate their load forecasts in accord undergone rapid change. State 7 CFR part 1710, subpart A. The terms with an approved load forecast work regulatory agencies, power supply ‘‘load forecast’’ and ‘‘load forecast work plan. systems, power pools, and other entities plan’’ are added to conform with overall The proposed rule uses total utility are modifying their power planning electric industry usage of these terms. plant instead of total assets to determine processes and requirements in the light The terms ‘‘power requirement study’’ these thresholds. Use of total utility of competitive changes in the industry. and ‘‘power requirement study work plant instead of total assets conforms Even greater transformations lie ahead plan’’ will continue to be defined in 7 with other RUS requirements and as many states move to adopt retail CFR part 1710, subpart A, since these relates directly to the borrowers utility competition. In the years since the terms continue to be used in other plant which is used to service the loads. existing regulations were adopted, both subparts. The term ‘‘load forecast’’ has The proposed rule would raise the
VerDate 18-JUN-99 10:16 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\A07JY2.052 pfrm03 PsN: 07JYP1 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Proposed Rules 36611 threshold from $300 million to $500 are likely to dramatically alter utility business information, RUS will obtain million for borrowers required to planning and forecasting practices. RUS and consider the views of the borrower maintain an approved load forecast and recognizes that, in addition to concerning the information and provide approved load forecast work plan on an complying with RUS requirements, the borrower an opportunity to object to ongoing basis. All power supply borrowers need to prepare load forecast any decision to disclose the borrowers with total utility plant of less and planning documents for a variety of information. Borrowers should be aware than $500 million (and their affiliated other external reporting purposes such that in order for RUS to withhold members that are RUS borrowers) will as for state utility commissions, regional release of information it must be no longer be required to maintain and reliability planning, or to comply with determined that such release will result update load forecasts on a periodic terms of power supply agreements. To in substantial harm to the borrower. basis. These borrowers will be required reduce burdens on borrowers, where to have an approved load forecast when practicable, RUS will accept load List of Subjects in 7 CFR Part 1710 they apply for new financing and under forecasts prepared for those other Electric power, Electric utilities, Loan certain other circumstances. This purposes as long as the information and programs—energy, Reporting and change is proposed to reduce the analyses needed by RUS are included recordkeeping requirements, Rural number of borrowers required to submit and are compatible with RUS areas. load forecasts on a routine basis and to applications. As is the practice at For the reasons set out in the closely monitor borrowers with large present, RUS expects that borrowers preamble, RUS proposes to amend 7 loans made or guaranteed by RUS. will continue to consult with RUS CFR chapter XVII as follows: The existing regulations provide that during the preparation and review of power supply borrowers with total their load forecasts to resolve any PART 1710ÐGENERAL AND PRE- assets of less than $300 million that are uncertainties. LOAN POLICIES AND PROCEDURES not members of any other power supply Under the existing rules, all borrower COMMON TO INSURED AND borrower with total assets over $300 load forecasts must meet the same GUARANTEED ELECTRIC LOANS million are not required to maintain an requirements for scope, content, and approved load forecast or approved load supporting analysis and models, unless 1. The authority citation for part 1710 forecast work plan on an ongoing basis. waived by RUS. Under the proposed is revised to read as follows: However, these power supply borrowers rule, load forecasts and supporting data Authority: 7 U.S.C. et seq., 1921 et seq., must have an approved load forecast to submitted by small distribution and 6941 et seq. support a request for any loan or loan borrowers that are unaffiliated with guarantee over $25 million or more than large power supply borrowers would 2. Section 1710.2(a) is amended by ten percent of the borrower’s total utility not have to meet the same standards as revising and adding the following plant, whichever is smaller, and for RUS forecasts submitted by large power definitions in alphabetical order: approval of a long-term power contract. supply borrowers and their members. § 1710.2 Definitions and rules of The proposed rule would raise from $25 RUS does not believe reducing the construction. million to $50 million the loan value load forecasting filing requirements will * * * * * lead to any reduction in borrower’s requiring an approved load forecast by Approved load forecast means a load attention to the importance of load power supply borrowers not otherwise forecast that RUS has determined is forecasting in their overall financial and required to maintain an approved load current for RUS purposes and has been system planning needed to assure forecast. approved by RUS’ pursuant to 7 CFR The existing regulations provide that reliable, affordable service for their part 1710, subpart E. distribution borrowers with total assets customers. Borrowers will continue to of less than $300 million that are not conduct load forecasting as part of Approved load forecast work plan affiliated with a power supply borrower prudent utility practice in the ordinary means a load forecast work plan that are not required to maintain an course of business. RUS has determined is current for RUS’ approved load forecast or approved load purposes and has been approved Confidentiality of Load Forecasts and forecast work plan. On an ongoing basis, pursuant to 7 CFR part 1710, subpart E. Supporting Information these smaller unaffiliated distribution * * * * * borrowers must have an approved load Restructuring of the electric power Load forecast means the thorough forecast for loans of $3 million or 10 industry will likely increase the study of a borrower’s electric loads and percent of utility plant, whichever is potential competitive harm to a the factors that affect those loads in smaller. Under the proposed rule, the borrower from the disclosure of order to determine, as accurately as minimum loan application for commercially sensitive and confidential practicable, the borrower’s future distribution borrowers that would business information in the load requirements for energy and capacity. require an approved load forecast would forecast. RUS understands that Load forecast work plan means the be $3 million or 5 percent of total utility borrowers may consider the information plan that contains the resources, plant, whichever is greater. These contained in the load forecasts and methods, schedules, and milestones to changes are being proposed to reduce supporting data as commercially be used in the preparation and burdens on small borrowers with valuable, proprietary and confidential maintenance of a load forecast. minimal outstanding loans made or business information. RUS will not * * * * * release information contained in the guaranteed by RUS. Power requirements study (PRS) has load forecast except as provided by law the same meaning as load forecast. Requirements for Load Forecasts pursuant to 7 CFR part 1, The Freedom The proposed rule revises of Information Act (5 U.S.C. 552). When, * * * * * requirements for the contents of load in the course of responding to a PRS work plan has the same meaning forecasts and approval criteria to give Freedom of Information Act request, as load forecast work plan. borrowers and RUS greater flexibility in RUS cannot readily determine whether * * * * * compliance with RUS regulations. the information obtained from the 3. Revise paragraph 1710.152(a) to Changes in the electric utility industry borrower is privileged or confidential read as follows:
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§ 1710.152 Primary support documents. § 1710.201 General. § 1710.203 Requirement to prepare a load forecastÐdistribution borrowers. * * * * * (a) The policies, procedures and (a) Load forecast. The load forecast (a) A distribution borrower that is a requirements in this subpart are provides the borrower and RUS with an member of a power supply borrower intended to implement provisions of the understanding of the borrower’s future with a total utility plant of $500 million loan documents between RUS and the system loads, the factors influencing or more must maintain an approved electric borrowers and are also those loads, and estimates of future load forecast that meets the loads. The load forecast provides a basis necessary to support approval by RUS of requirements of this subpart on an for projecting annual electricity (kWh) requests for financial assistance. ongoing basis and provide an approved sales and revenues, and for engineering (b) Notwithstanding any other load forecast in support of any request estimates of plant additions required to provisions of this subpart, RUS may for RUS financial assistance. The provide reliable service to meet the require any power supply or distribution borrower may comply with forecasted loads. Subpart E of this part distribution borrower to prepare a new this requirement by participation in and contains the information to be included or updated load forecast for RUS inclusion of its load forecasting in a load forecast and when an approved approval or to maintain an approved information in the approved load load forecast is required. load forecast on an ongoing basis, if forecast of its power supply borrower. * * * * * such documentation is necessary for The distribution borrower’s load 4. Revise subpart E of part 1710 to RUS to determine loan feasibility, or to forecast must be prepared pursuant to read as follows: ensure compliance under the loan the approved load forecast work plan of its power supply borrower. Subpart EÐLoad Forecasts documents. (b) A distribution borrower that is a Sec. § 1710.202 Requirement to prepare a load member of a power supply borrower 1710.200 Purpose. forecastÐpower supply borrowers. which is itself a member of another 1710.201 General. power supply borrower that has a total 1710.202 Requirement to prepare a load (a) A power supply borrower with a utility plant of $500 million or more forecast-power supply borrowers. total utility plant of $500 million or must maintain an approved load 1710.203 Requirement to prepare a load more must maintain an approved load forecast that meets the requirements of forecast-distribution borrowers. forecast that meets the requirements of 1710.204 Filing requirements for borrowers this subpart on an ongoing basis and that must maintain a current RUS this subpart on an ongoing basis and provide an approved load forecast in approved load forecast on an ongoing provide an approved load forecast in support of any request for RUS financial basis. support of any request for RUS financial assistance. The distribution borrower 1710.205 Minimum requirements for all assistance. The borrower must also may comply with this requirement by borrower load forecasts. maintain an approved load forecast participation in and inclusion of its load 1710.206 Requirements for load forecasts work plan. The borrower’s approved forecasting information in the approved prepared pursuant to RUS approved load load forecast must be prepared pursuant load forecast of its power supply forecast work plans. to the approved load forecast work plan. borrower. The distribution borrower’s 1710.207 RUS approval criteria for approval approved load forecast must be of load forecasts by distribution (b) A power supply borrower that is prepared pursuant to the approved load borrowers not required to maintain a a member of another power supply current load forecast on an ongoing forecast work plan of the power supply borrower that has a total utility plant of borrower with total utility plant in basis. $500 million or more must maintain an 1710.208 RUS approval criteria for load excess of $500 million. forecasts submitted by all power supply approved load forecast that meets the (c) A distribution borrower that is a borrowers and by distribution borrowers requirements of this subpart on an member of a power supply borrower required to maintain a current load ongoing basis and provide an approved with a total utility plant of less than forecast on an ongoing basis. load forecast in support of any request $500 million must provide an approved 1710.209 Requirements for load forecast for RUS financial assistance. The load forecast that meets the work plans. member power supply borrower may requirements of this subpart in support 1710.210 Waiver of requirements or comply with this requirement by of an application for any RUS loan or approval criteria. 1710.211—1710.249—[Reserved] participation in and inclusion of its load loan guarantee that exceeds $3 million forecasting information in the approved or 5 percent of total utility plant, Subpart EÐLoad Forecasts load forecast of its power supply whichever is greater. The distribution borrower. The approved load forecasts borrower may comply with this § 1710.200 Purpose. must be prepared pursuant to the RUS requirement by participation in and This subpart contains RUS policies approved load forecast work plan. inclusion of its load forecasting for the preparation, review, approval information in the approved load (c) A power supply borrower that has and use of load forecasts and load forecast of its power supply borrower. forecast work plans. A load forecast is total utility plant of less than $500 The borrower is not required to a thorough study of a borrower’s electric million and that is not a member of maintain on an ongoing basis either an loads and the factors that affect those another power supply borrower with a approved load forecast or an approved loads in order to estimate, as accurately total utility plant of $500 million or load forecast work plan. as practicable, the borrower’s future more must provide an approved load (d) A distribution borrower with a requirements for energy and capacity. forecast that meets the requirements of total utility plant of less than $500 The load forecast of a power supply this subpart in support of an application million and that is unaffiliated with a borrower includes and integrates the for any RUS loan or loan guarantee power supply borrower must provide an load forecasts of its member systems. An which exceeds $50 million. The approved load forecast that meets the approved load forecast, if required by borrower is not required to maintain on requirements of this subpart in support this subpart, is one of the primary an ongoing basis either an approved of an application for any RUS loan or documents that a borrower is required load forecast or an approved load loan guarantee which exceeds $3 to submit to support a loan application. forecast work plan. million or 5 percent of total utility
VerDate 18-JUN-99 10:16 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\A07JY2.056 pfrm03 PsN: 07JYP1 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Proposed Rules 36613 plant, whichever is greater. The of directors recommending that the (f) Correlation and consistency with borrower is not required to maintain on board approve the load forecast and its other RUS loan support documents. If a an ongoing basis either an approved uses; and borrower relies on an approved load load forecast or an approved load (3) A board resolution from the forecast or an update of an approved forecast work plan. borrower’s board of directors approving load forecast as loan support, the (e) A distribution borrower with a the load forecast and its uses. borrower must demonstrate that the total utility plant of $500 million or (b) Contents of load forecast. All load approved load forecast and the other more must maintain an approved load forecasts submitted by borrowers for primary support documentation for the forecast that meets the requirements of approval must include: loan were reconciled. For example, both this subpart on an ongoing basis and (1) A narrative describing the the load forecast and the financial provide an approved load forecast in borrower’s system, service territory, and forecast require input assumptions for support of any request for RUS consumers; wholesale power costs, distribution financing assistance. The borrower must (2) A narrative description of the costs, other systems costs, average also maintain an approved load forecast borrower’s load forecast including revenue per kWh, and inflation. Also, a work plan. The distribution borrower future load projections, forecast borrower’s engineering planning may comply with this requirement by assumptions, and the methods and documents, such as the construction participation in and inclusion of its load procedures used to develop the forecast; work plan, incorporate consumer and forecasting information in the approved (3) Projections of usage by consumer usage per consumer projections from the load forecast of its power supply class, number of consumers by class, load forecast to develop system design borrower. annual system peak demand, and season criteria. The assumptions and data of peak demand for the number of years common to all the documents must be § 1710.204 Filing requirements for agreed upon by RUS and the borrower; consistent. borrowers that must maintain an approved (g) Coordination. Power supply load forecast on an ongoing basis. (4) A summary of the year-by-year results of the load forecast in a format borrowers and their members that are (a) Filing of load forecasts and subject to the requirement to maintain updates. A power supply or distribution that allows efficient transfer of the information to other borrower planning an approved load forecast on an ongoing borrower required to maintain an basis are required to coordinate approved load forecast on an ongoing or loan support documents; (5) The load impacts of a borrower’s preparation of their respective load basis under § 1710.202 or § 1710.203 forecasts, updates of load forecasts, and may elect either of the following two demand side management activities, if applicable; approved load forecast work plan. A methods of compliance: load forecast of a power supply (1) Submitting a new load forecast to (6) Graphic representations of the variables specifically identified by borrower must consider the load RUS for review and approval at least forecasts of all its member systems. every 36 months, and then submitting management as influencing a borrower’s updates to the load forecast to RUS for loads; and § 1710.206 Approval requirements for load review and approval in each intervening (7) A database that tracks all relevant forecasts prepared pursuant to approved year; or variables that might influence a load forecast work plans. (2) Submitting a new load forecast to borrower’s loads. (a) Contents of load forecasts RUS for review and approval not less (c) Formats. RUS does not require a prepared under an approved load frequently than every 24 months. specific format for the narrative, forecast work plan. In addition to the (b) Extensions. RUS may extend any documentation, data, and other minimum requirements for load time period required under this section information in the load forecast, forecasts under § 1710.205, load for up to 3 months at the written request provided that all required information is forecasts developed and submitted by of the borrower’s general manager. A included and available. All data must be borrowers required to have an approved request to extend a time period beyond in a tabular form that can be transferred load forecast work plan shall include 3 months must be accompanied by a electronically to RUS computer software the following: written request from the borrower’s applications. RUS will evaluate (1) Scope of the load forecast. The general manager, an amendment to the borrower load forecasts for readability, narrative shall address the overall borrower’s approved load forecast work understanding, filing, and electronic approach, time periods, and expected plan incorporating the extension, a access. If a borrower’s load forecast is internal and external uses of the board resolution approving the submitted in a format that is not readily forecast. Examples of internal uses extension request and any amendment usable by RUS or is incomplete, RUS include providing information for to the approved load forecast work plan, will require the borrower to submit the developing or monitoring demand side and any other relevant supporting load forecast in a format acceptable to management programs, supply resource information. RUS may extend the time RUS. planning, load flow studies, wholesale periods contained in this section for up (d) Document retention. The borrower power marketing, retail marketing, cost to 24 months. must retain its latest approved load of service studies, rate policy and forecasts, and supporting development, financial planning, and § 1710.205 Minimum approval documentation until RUS approval of its evaluating the potential effects on requirements for all load forecasts. next load forecast. Any approved load electric revenues caused by competition (a) Documents required for RUS forecast work plan must be retained as from alternative energy sources or other approval of a borrower’s load forecast. part of the approved load forecast. electric suppliers. Examples of external The borrower must provide the (e) Consultation with RUS. The uses include meeting state and Federal following documents to obtain RUS borrower must designate and make regulatory requirements, obtaining approval for a load forecast: appropriate staff and consultants financial ratings, and participation in (1) The load forecast and supporting available for consultation with RUS to reliability council, power pool, regional documentation; facilitate RUS review of the load transmission group, power supplier or (2) A memorandum from the forecast work plan and the load forecast member system forecasting and borrower’s general manager to the board when requested by RUS. planning activities.
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(2) Resources used to develop the load submissions of data are acceptable. (c) The borrower developed an forecast. The discussion shall identify Graphs, tables, spreadsheets or other adequate supporting database and and discuss the borrower personnel, exhibits shall be included throughout analyzed a reasonable range of relevant consultants, data processing, methods the forecast as appropriate. assumptions and alternative futures; and other resources used in the (8) A narrative discussing the (d) The borrower adopted methods preparation of the load forecast. The coordination activities conducted and procedures in general use by the borrower shall identify the borrower’s between a power supply borrower and electric utility industry to develop its member and, as applicable, member its members, as applicable, and between load forecast; personnel that will serve as project the borrower and RUS. (e) The borrower used valid and leaders or liaisons with the authority to (b) Compliance with an approved verifiable analytical techniques and make decisions and commit resources load forecast work plan. A borrower models; within the scope of the current and required to maintain an approved load (f) The borrower provided RUS with future work plans. forecast work plan must also be able to adequate documentation and assistance (3) A comprehensive description of demonstrate that both it and its RUS to allow for a thorough and independent the database used in the study. The borrower members are in compliance review; and narrative shall describe the procedures with its approved load forecast work (g) In the case of a power supply used to collect, develop, verify, validate, plan for the next load forecast or update borrower required to maintain an update, and maintain the data. A data of a load forecast. approved load forecast on an ongoing dictionary thoroughly defining the basis, the borrower adequately § 1710.207 RUS criteria for approval of database shall be included. The coordinated the preparation of the load load forecasts by distribution borrowers not forecast work plan and load forecast borrower shall make all or parts of the required to maintain an approved load database available or otherwise forecast on an ongoing basis. with its member systems. accessible to RUS in electronic format, Load forecasts submitted by § 1710.209 Approval requirements for load if requested. distribution borrowers that are forecast work plans. (4) A narrative for each new load unaffiliated with a power supply (a) In addition to the approved load forecast or update of a load forecast borrower, or by distribution borrowers forecast required under §§ 1710.202 and discussing the methods and procedures that are members of a power supply 1710.203, any power supply borrower used in the analysis and modeling of the borrower that has a total utility plant with a total utility plant of $500 million borrower’s electric system loads as less than $500 million and that is not or more and any distribution borrower provided for in the load forecast work itself a member of another power supply with a total utility plant of $500 million plan. borrower with a total utility plant of (5) A narrative discussing the or more must maintain an approved $500 million or more must satisfy the borrower’s past, existing, and forecast of load forecast work plan. RUS borrowers following minimum criteria: future electric system loads. The that are members of a power supply (a) The borrower considered all borrower with a total utility plant of narrative must identify and explain known relevant factors that influence substantive assumptions and other $500 million or more must cooperate in the consumption of electricity and the the preparation of and submittal of the pertinent information used to support known number of consumers served at the estimates presented in the load load forecast work plan of their power the time the study was developed; supply borrower. forecast. (b) The borrower considered and (6) A narrative discussing load (b) An approved load forecast work identified all loads on its system of RE plan establishes the process for the forecast uncertainty or alternative Act beneficiaries and non-RE Act futures that may determine the preparation and maintenance of a beneficiaries; comprehensive database for the borrower’s actual loads. Examples of (c) The borrower developed an economic scenarios, weather conditions, development of the borrower’s load adequate supporting data base and forecast, and load forecast updates. The and other uncertainties that borrowers considered a range of relevant may decide to address in their analysis approved load forecast work plan is assumptions; and (d) The borrower intended to develop and maintain a include: provided RUS with adequate (i) Most-probable assumptions, with process that will result in load forecasts documentation and assistance to allow that will meet the borrowers’ own needs normal weather; for a thorough and independent review. (ii) Pessimistic assumptions, with and the requirements of this subpart. An normal weather; § 1710.208 RUS criteria for approval of all approved work plan represents a (iii) Optimistic assumptions, with load forecasts by power supply borrowers commitment by a power supply normal weather; and by distribution borrowers required to borrower and its members, or by a large (iv) Most-probable assumptions, with maintain an approved load forecast on an unaffiliated distribution borrower, that severe weather; ongoing basis. all parties concerned will prepare their (v) Most-probable assumptions, with All load forecasts submitted by power load forecasts in a timely manner mild weather; supply borrowers and by distribution pursuant to the approved load forecast (vi) Impacts of wholesale or retail borrowers required to maintain an work plan and they will modify the competition; or approved load forecast must satisfy the approved load forecast work plan as (vii) New environmental following criteria: needed with RUS approval to address requirements. (a) The borrower objectively analyzed changing circumstances or enhance the (7) A summary of the forecast’s results all known relevant factors that influence usefulness of the approved load forecast on an annual basis. Include alternative the consumption of electricity and the work plan. futures, as applicable. This summary known number of customers served at (c) An approved load forecast work shall be designed to accommodate the the time the study was developed; plan for a power supply borrower and transfer of load forecast information to (b) The borrower considered and its members must cover all member a borrower’s other planning or loan identified all loads on its system of RE systems, including those that are not support documents. Computer- Act beneficiaries and non-RE Act borrowers. However, only members that generated forms or electronic beneficiaries; are borrowers, including the power
VerDate 18-JUN-99 10:16 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\A07JY2.059 pfrm03 PsN: 07JYP1 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Proposed Rules 36615 supply borrower, are required to follow affect accomplishment of RUS’ Attention: Rulemakings and the approved load forecast work plan in objectives and if the requirement Adjudications Staff. preparing their respective load forecasts. imposes a substantial burden on the Deliver comments to 11555 Rockville Each borrower is individually borrower. The borrower’s general Pike, Rockville, Maryland, between 7:30 responsible for forecasting all its RE Act manager must request the waiver in am and 4:15 pm on Federal workdays. beneficiary and non-RE Act beneficiary writing. For a copy of the petition, write: loads. David L. Meyer, Chief, Rules and (d) An approved load forecast work §§ 1710.211±1710.249 [Reserved] Directives Branch, Division of plan must outline the coordination and Dated: June 29, 1999. Administrative Services, Office of preparation requirements for both the Jill Long Thompson, Administration, U.S. Nuclear Regulatory power supply borrower and its Under Secretary, Rural Development. Commission, Washington, DC 20555– members. [FR Doc. 99–17113 Filed 7–6–99; 8:45 am] 0001. (e) An approved load forecast work BILLING CODE 3410±15±P You may also provide comments via plan must cover a period of 2 or 3 years the NRC’s interactive rulemaking depending on the applicable website through the NRC home page compliance filing schedule elected (http://www.nrc.gov). This site provides under § 1710.204. NUCLEAR REGULATORY the availability to upload comments as (f) An approved load forecast work COMMISSION files (any format), if your web browser plan must describe the borrower’s supports that function. For information process and methods to be used in 10 CFR Part 40 about the interactive rulemaking producing the load forecast and website, contact Ms. Carol Gallagher, [Docket No. PRM±40±27] maintaining current load forecasts on an (301) 415–5905 (e-mail: [email protected]). ongoing basis. State of Colorado and Organization of FOR FURTHER INFORMATION CONTACT: (g) Approved load forecast work plans Agreement States; Receipt of Petition David L. Meyer, Office of for borrowers with residential demand for Rulemaking Administration, U.S. Nuclear Regulatory of 50 percent or more of total kWh must Commission, Washington, DC 20555. provide for a residential consumer AGENCY: Nuclear Regulatory Telephone: 301–415–7162 or Toll Free: survey at least every 5 years to obtain Commission. 1–800–368–5642 or E-mail: data on appliance and equipment ACTION: Petition for rulemaking; Notice [email protected]. saturation and electricity demand. Any of receipt. SUPPLEMENTARY INFORMATION: such borrower that is experiencing or anticipates changes in usage patterns SUMMARY: The Nuclear Regulatory Background shall consider surveys on a more Commission (NRC) has received and On May 13, 1999, the Nuclear frequent schedule. Power supply requests public comment on a petition Regulatory Commission received a borrowers shall coordinate such surveys for rulemaking dated May 10, 1999, petition for rulemaking submitted by the with their members. Residential filed by the Officers of the Organization Officers of the Organization of consumer surveys may be based on the of Agreement States and the State of Agreement States and the State of aggregation of member-based samples or Colorado (petitioners). The petition has Colorado (petitioners). The petitioners on a system-wide sample, provided that been docketed by the Commission and believe that the NRC should restrict the the latter provides for relevant regional has been assigned Docket No. PRM–40– exemption from 10 CFR parts 19 and 20 breakdowns as appropriate. 27. The petitioners are requesting that for general licensees that appears at 10 (h) Approved load forecast work plans the NRC regulations governing small CFR 40.22(b). must provide for RUS review of the load quantities of source material be The petitioners contend that any forecasts as the load forecast is being amended to eliminate the exemption for licensee who has the potential to exceed developed. source material general licensees from (i) A power supply borrower’s work any dose limits or who generates a the requirements that specify standards radiation area as defined in 10 CFR part plan must have the concurrence of the of protection against radiation and majority of the members that are 20 should be required to meet the notification and instruction of radiation protection and worker borrowers. individuals who participate in licensed (j) The borrower’s board of directors notification requirements in both Parts activities. Current NRC regulations 19 and 20. To do this, NRC would have must approve the load forecast work exempt source material general plan. to amend its regulations pertaining to licensees from these requirements. The source material general licensees in 10 (k) A borrower may amend its petitioners believe that no basis exists approved load forecast work plan CFR part 40. Specifically, 10 CFR for exempting these licensees from 40.22(b) would have to be amended to subject to RUS approval. If RUS compliance with radiation safety concludes that the existing approved revoke the exemption from 10 CFR parts standards if a licensee can exceed 19 and 20 for source material general load forecast work plan will not result currently specified dose limits or create in a satisfactory load forecast, RUS may licensees who could exceed public dose areas where individuals may be exposed limits or dose equivalent limits for an require a new or revised load forecast to significant levels of radiation. work plan. embryo/fetus, would require personnel DATES: Submit comments by September monitoring, or would require posting of § 1710.210 Waiver of requirements or 20, 1999. Comments received after this a radiation area. The NRC has approval criteria. date will be considered if it is practical determined that the petition meets the For good cause shown by the to do so, but assurance of consideration threshold sufficiency requirements for a borrower, the Administrator may waive cannot be given except as to comments petition for rulemaking under 10 CFR any of the requirements applicable to received on or before this date. 2.802. The petition has been docketed as borrowers in this subpart if the ADDRESSES: Submit comments to: PRM–40–27. The NRC is soliciting Administrator determines that waiving Secretary, U.S. Nuclear Regulatory public comment on the petition for the requirement will not significantly Commission, Washington, DC 20555. rulemaking.
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Discussion of the Petition The petitioners believe that generally ensured that its procurement did not The petitioners believe that the NRC licensed quantities of source material exceed the 150-pound (68kg) per year regulations codified at 10 CFR 40.22(b) may not have been regarded as a health limit specified in 10 CFR 40.22(a), had provide a blanket exemption for source and safety hazard when the exemption vacated the building with material general licensees from the for source material licensees was contamination [calculated at 734 mrem/ radiation protection and associated enacted. However, the petitioners year (7.34mSv/yr)] that exceeded the 25 worker protection requirements codified contend that after the exemption mrem (250 uSv) annual limit for release at 10 CFR parts 19 and 20. Currently, 10 became effective, industry experience for uncontrolled use, and had has revealed that source material CFR 40.22(b) reads as follows: significant levels of exposure to thorium (b) Persons who receive, possess, use, general licensees can expose workers to and its daughters at its current facility. or transfer source material pursuant to levels of radiation that require The petitioners state that under the monitoring, dispose of radioactive the general license issued in paragraph exemption in 10 CFR 40.22(b), this and materials in a manner that would not be (a) of this section are exempt from the all other licensees who use similar acceptable for other licensees, produce provisions of parts 19, 20, and 21, of quantities of source material are exempt contamination that exceeds release this chapter to the extent that such from the health and safety requirements limits, and potentially exceed public receipt, possession, use or transfer are contained in part 20. dose limits to individuals other than within the terms of such general license: The petitioners also cite a 1994 those working at their facilities. Provided, however, That this exemption Environmental Protection Agency (EPA) The petitioners further contend that enforcement action against Broomer shall not be deemed to apply to any no basis exists for exempting source such person who is also in possession Research, Inc., of Islip, Long Island, material general licensees from New York found as a result of an of source material under a specific compliance with part 20 requirements license issued pursuant to this part. Internet search. EPA identified pertaining to dose limits or posting of significant levels of radionuclides in the As proposed by the petitioners, 10 radiation areas. The petitioners believe CFR 40.22(b) would read: sludge from a plant where thorium that if a radiation hazard exists that fluoride was used in the manufacture of (b) Persons who receive, possess, use, would require most licensees to or transfer source material pursuant to optical lenses. The petitioners do not implement corrective measures, all believe that these cited cases are unique the general license issued in paragraph licensees who create similar hazards (a) of this section are exempt from the and are concerned that only one of the should be required to eliminate the suppliers of thorium fluoride identified provisions of parts 19, 20, and 21, of hazard. The petitioners also state that this chapter to the extent that such in an Internet search has provided a list any individual who uses radioactive of its Colorado customers as requested. receipt, possession, use or transfer are materials and the general public should The petitioners also contend that within the terms of such general license: be protected from unsafe and waste disposal by these general Provided, however, That this exemption unnecessary exposure to radiation licensees creates exposure hazards and shall not be deemed to apply to any resulting from licensed activities. The such person: petitioners believe that individuals who believe that general licensees who (1) Who is also in possession of participate in licensed activities who possess source material do not view source material under a specific license may receive exposures that exceed the waste disposal as an issue because this issued pursuant to this part; public dose limits in 10 CFR part 20 waste is only ‘‘Generally Licensed’’ and (2) Whose use of source material should be instructed as to their rights as can be disposed of as common trash. could exceed the occupational dose radiation workers and the necessary Disposal of radioactive waste is limits in § 20.1201 through § 20.1208; procedures for safe usage of radioactive controlled for specific licensees by the (3) Whose use of source material materials. requirements in 10 CFR part 20 that would require the use of personnel The petitioners believe the NRC prohibit disposal as common trash or monitoring under § 20.1502 (a), (b), or exemption for source material general dilution of waste in order for it to pass (c); or licensees permits potentially hazardous undetected through monitoring alarms (4) Whose operation requires posting radioactive materials to be transported at landfills, unless specifically under § 20.1902. into States without the knowledge or authorized by regulation or license The petitioners note that 10 CFR part control of State radiation control condition. The petitioners are 20 specifies basic radiation standards, programs. The petitioners cite two cases concerned that when radioactive waste consistent with national and that they believe illustrate the problem from source material licensees is international guidance, that apply to with the blanket exemption in 10 CFR transferred, those who receive the waste specific and most general licensees to 40.22(b) granted for source material may be unaware of any hazard and provide the framework in which a general licensees. In January 1999, the subject to potential exposure, and may licensee can perform safe operations, Colorado Radiation Control Program pass the hazard to another waste prevent employees and the public from was notified that a dumpster had handler who is also unaware of the exceeding dose limits, and maintain all activated a radiation alarm at a landfill. potential exposure. radiation exposures As Low As The dumpster had been used for The petitioners considered three other Reasonably Achievable (ALARA). The construction debris resulting from a regulatory alternatives to restricting the petitioners also note that 10 CFR part 19 remodeling project after a source exemption for source material general contains provisions to protect and material general licensee had vacated licensees that included taking no action, inform individuals who participate in the facility. separately licensing each entity who licensed activities that ‘‘apply to all After exposure levels on the dumpster uses source material and could exceed persons who receive, possess, use, or exterior measured 4.9 mR/hr (1.3uC/kg- part 20 exposure limits, and removing transfer material licensed by the Nuclear hr), an investigation revealed that it was the exemption for all source material Regulatory Commission pursuant to the a source material general licensee who general licensees. The petitioners regulations in parts 30 through 36, 39, was responsible for the radioactive determined that taking no action is 40, 60, 61, 70, or part 72 of this chapter material. According to the petitioners, unacceptable because it allows general * * *.’’ (Emphasis added.) further investigation found the licensee licensees to ignore basic radiation
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The petitioners also determined that and will allow SBA to make low SBA certifies that this proposed rule issuing a license to each source material interest, fixed rate loans to small will not have a significant economic general licensee would involve more businesses to use mitigation measures in impact on a substantial number of small expense than amending the regulations support of Project Impact, a formal entities within the meaning of the and would be unworkable because these mitigation program established by the Regulatory Flexibility Act, 5 U.S.C. 601– types of licensees often go in and out of Federal Emergency Management Agency 612. business. Also, the petitioners believe it (FEMA). SBA certifies that this proposed rule would be inappropriate to apply DATES: Submit comments on or before does not impose any additional conditions to each source material August 6, 1999. reporting or recordkeeping requirements general licensee absent a rulemaking ADDRESSES: Comments should be under the Paperwork Reduction Act, 44 process and that the NRC would not be mailed to Bernard Kulik, Associate U.S.C., chapter 35. able to easily determine the scope of Administrator, Office of Disaster For purposes of Executive Order activities for each licensee. Lastly, the Assistance, Small Business 12612, SBA certifies that this proposed petitioners determined that removing Administration, 409 Third Street, S.W., rule has no federalism implications the exemption in 10 CFR 40.22(b) for all Washington, DC 20416. warranting preparation of a Federalism source material general licensees would FOR FURTHER INFORMATION CONTACT: Assessment. be inappropriate because many of these Bernard Kulik, 202–205–6734. For purposes of Executive Order licensees use only small quantities of SUPPLEMENTARY INFORMATION: SBA 12988, SBA certifies that this proposed source material and pose very minimal proposes to amend part 123 of its rule is drafted, to the extent practicable, risks to employees and the public. regulations regarding disaster loans. The to accord with the standards set forth in The Petitioner’s Conclusions proposed amendments would allow paragraph 2 of that Order. The petitioners conclude that 10 CFR small businesses to obtain low interest, List of Subjects in 13 CFR Part 123 40.22(b) provides a blanket exemption fixed rate loans to use mitigation Disaster assistance, Loan programs- for source material general licensees measures in support of Project Impact. business, Reporting and recordkeeping from the radiation protection and In response to the problems of requirements, Small businesses. worker notification and instruction increasing costs and personal requirements contained in 10 CFR parts devastation caused by disasters, For the reasons stated in the 19 and 20. The petitioners also conclude Congress has authorized a pilot program preamble, the Small Business that no basis for this exemption exists for 5 fiscal years from 2000 through Administration proposes to amend 13 because it allows these licensees to 2004. The Administration has launched CFR part 123 as follows: exceed currently specified dose limits, an approach to emergency management that moves away from the current PART 123ÐDISASTER LOAN create areas where individuals may be PROGRAM exposed to significant levels of reliance on response and recovery to an radiation, and dispose of radioactive approach that emphasizes preparedness. 1. The authority citation for part 123 waste in ways that are not permitted for SBA supports this approach and continues to read as follows: proposes offering pre-disaster mitigation other licensees. The petitioners request Authority: 15 U.S.C. 634(b)(6), 636(b), that the exemption in 10 CFR 40.22(b) loans to assist with disaster preparedness. SBA proposes to provide 636(c) and 636(f); Pub. L. 102–395, 106 Stat. be restricted as detailed in their petition 1828, 1864; and Pub. L. 103–75, 107 Stat. for rulemaking to exclude source such loans to small businesses within 739. material general licensees who could Project Impact communities identified 2. Revise § 123.107 to read as follows: exceed public dose limits or dose by FEMA. Currently, SBA disaster loans equivalent limits for an embryo/fetus or may be used only to repair or replace § 123.107 What is mitigation? what was destroyed or damaged by would require personnel monitoring or Mitigation means specific measures posting of a radiation area. disaster and provide an additional 20 percent for mitigation measures. taken by you to protect against recurring Dated at Rockville, Maryland, this 29th day Therefore, to promote preparedness, damage in similar future disasters. of June, 1999. SBA proposes to amend this section of Examples include retaining walls, sea For the Nuclear Regulatory Commission. its regulations to provide pre-disaster walls, grading and contouring land, Annette L. Vietti-Cook, mitigation loans for small businesses. relocating utilities and modifying Secretary of the Commission. Such pre-disaster mitigation loans will structures. Pre-disaster mitigation is [FR Doc. 99–17190 Filed 7–6–99; 8:45 am] allow small businesses to install addressed in §§ 123.400 through BILLING CODE 7590±01±P mitigation devices that may prevent 123.407. The money that you can future damage. borrow for mitigation is limited to the lesser of the cost of mitigation, or 20 SMALL BUSINESS ADMINISTRATION Compliance With Executive Orders percent of your loan to repair or replace 12612, 12988, and 12866, the your damaged primary residence and 13 CFR Part 123 Regulatory Flexibility Act (5 U.S.C. personal property. SBA will not accept 601–612), and the Paperwork a request for a loan increase for Pre-Disaster Mitigation Loans Reduction Act (44 U.S.C. Ch. 35) mitigation filed after final disbursement AGENCY: Small Business Administration SBA certifies that this proposed rule of your original loan unless you can (SBA). is not a significant rule within the show that your request was late because of substantial reasons beyond your ACTION: Proposed rule. meaning of Executive Order 12866, since it is not likely to have an annual control. SUMMARY: SBA proposes to amend its economic effect of $100 million or more, 3. Add an undesignated disaster loan program regulations to result in a major increase in costs or centerheading and §§ 123.400 through implement a pilot program authorized prices, or have a significant adverse 123.407 to read as follows:
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Pre-disaster Mitigation Loans may be a sole proprietorship, community. SBA will have a 30-day Sec. partnership, corporation, limited application filing period of November 1 123.400 What is a pre-disaster mitigation liability company, or other legal entity through November 30 of each fiscal loan? recognized under State law. Your small year. Additional application periods 123.401 What types of mitigating measures business must have been in existence may be announced each year depending are eligible for a pre-disaster mitigation for at least one year prior to submitting on availability of funds. loan? an application for this loan. (c) Upon acceptance of a completed 123.402 Is my business eligible to apply for a pre-disaster mitigation loan? application package by the SBA Disaster § 123.403 When would my business not be Area Office, that office will notify the 123.403 When would my business not be eligible to apply for a pre-disaster eligible to apply for a pre-disaster mitigation loan? Office of Disaster Assistance (ODA) of mitigation loan? the acceptance. Each application will be Your business is not eligible for a pre- 123.404 How much can my business borrow processed (approval, decline, or disaster mitigation loan if it fits into any with a pre-disaster mitigation loan? withdrawal) by the Area Office and that of the categories in § 123.101, § 123.201, 123.405 What is the interest rate on a pre- office will notify ODA of the action. and § 123.301. Your business (together disaster mitigation loan? ODA will then notify each Area Office 123.406 How do I apply for a pre-disaster with its affiliates) must be small (as of which completed approval actions to mitigation loan and which loans will be defined in part 121 of this chapter) and fund based on the date the completed funded? SBA must determine that the business application package was received and 123.407 What happens if my pre-disaster and its owners do not have the financial availability of loan funds. mitigation loan application is denied or resources to fund the mitigation withdrawn? measures without undue hardship. § 123.407 What happens if my pre-disaster Pre-disaster Mitigation Loans mitigation loan application is denied or § 123.404 How much can my business withdrawn? § 123.400 What is a pre-disaster mitigation borrow with a pre-disaster mitigation loan? (a) If your loan application is denied loan? Pre-disaster mitigation loans are refer to § 123.13. Additionally, if your Congress has authorized a pilot limited to $50,000 for each borrower application is accepted for program for 5 fiscal years from 2000 together with its affiliates. Program reconsideration or appeal, SBA will through 2004 for SBA to make low funds will be allocated on a first come, reflect the date of reconsideration or interest, fixed rate loans to small first served filing basis. SBA will appeal as the date the application was businesses to use mitigation measures in consider mitigation measures in excess received. support of Project Impact, a formal of $50,000 if the business can show that (b) If your loan application is mitigation program established by the the excess cost can be funded from other withdrawn, the date of reacceptance Federal Emergency Management Agency sources. will be considered as the date the (FEMA). § 123.405 What is the interest rate on a application was received. § 123.401 What types of mitigating pre-disaster mitigation loan? Dated: June 29, 1999. measures are eligible for a pre-disaster Your pre-disaster mitigation loan will Aida Alvarez, mitigation loan? have an interest rate of 4 percent per Administrator. Mitigation means specific measures annum or less. taken by you to protect your real [FR Doc. 99–16999 Filed 7–6–99; 8:45 am] property or leasehold improvements § 123.406 How do I apply for a pre-disaster BILLING CODE 8025±01±P from future disasters in Project Impact mitigation loan and which loans will be communities. If you are a landlord, the funded? measures must be for protection of (a) Each State, the District of DEPARTMENT OF TRANSPORTATION commercial rather than residential real Columbia, Puerto Rico, and the Virgin property. Additionally, SBA will Islands have at least one Project Impact Federal Aviation Administration community. Only those small consider providing a pre-disaster 14 CFR Part 39 mitigation loan for relocation if your businesses located in the Project Impact commercial real property is located in a communities are eligible to apply for a [Docket No. 98±CE±87±AD] pre-disaster mitigation loan. At the SFHA (Special Flood Hazard Area) and RIN 2120±AA64 you relocate outside the SFHA but beginning of each fiscal year, SBA will remain in the same Project Impact publish a notice of the pre-disaster Airworthiness Directives; Precise community. If the mitigation measures mitigation declaration in the Federal Flight, Inc. Model SVS III Standby involved a flood hazard, the applicant Register identifying the type of Vacuum Systems small business must be located in an assistance available, the application existing structure in a SFHA. The local filing deadline and locations for AGENCY: Federal Aviation Project Impact coordinator will confirm obtaining and filing loan applications. Administration, DOT. that your proposed project is in Additionally, SBA will use FEMA and ACTION: Notice of proposed rulemaking accordance with specific Project Impact the local media to inform potential loan (NPRM). priorities and goals of that community. applicants where to obtain loan SBA will verify each project to applications. SBA will not accept any SUMMARY: This document proposes to determine if the project will accomplish applications after the announced adopt a new airworthiness directive the desired mitigation results. deadline unless SBA reopens the (AD) that would apply to all U.S. application filing period. owners and operators of aircraft § 123.402 Is my business eligible to apply (b) Complete an SBA pre-disaster equipped with Precise Flight, Inc. for a pre-disaster mitigation loan? mitigation loan application package and Model SVS III standby vacuum systems Most small business concerns located attach a written statement from the local installed in accordance with the in a FEMA Project Impact community Project Impact coordinator that the applicable supplemental type certificate are eligible to apply for a pre-disaster project is in accordance with the (STC) or through field approval. The mitigation loan. Your small business specific priorities and goals of the local proposed AD would require
VerDate 18-JUN-99 10:16 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\A07JY2.042 pfrm03 PsN: 07JYP1 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Proposed Rules 36619 incorporating revised operating environmental, and energy aspects of Relevant Service Information limitations for the affected standby the proposed rule. All comments Precise Flight, Inc. has issued the vacuum systems into the airplane flight submitted will be available, both before following: manual (AFM), and repetitively and after the closing date for comments, inspecting the push-pull cable, vacuum in the Rules Docket for examination by —Airplane Flight Manual Supplements lines, saddle fittings, and shuttle valve interested persons. A report that (AFMS) for Standby Vacuum Systems for correct installation and damage summarizes each FAA-public contact (each document corresponds with the (wear, chafing, deterioration, etc.). The concerned with the substance of this Applicable STC), which include proposed AD would also require proposal will be filed in the Rules operating procedures for the pilot immediately correcting any discrepancy Docket. regarding the use and limitations of the Model SVS III standby vacuum found and conducting a function test of Commenters wishing the FAA to system; and the vacuum system after the acknowledge receipt of their comments —Precise Flight Instructions for inspections. This AD results from submitted in response to this notice Continued Airworthiness (Section 3.3 reports of shuttle valve failure and must submit a self-addressed, stamped of Installation Report No. 50050), standby vacuum system malfunction on postcard on which the following Revision 25, dated August 26, 1996, aircraft. The actions specified by the statement is made: ‘‘Comments to which specifies procedures for proposed AD are intended to detect and Docket No. 98–CE–87–AD.’’ The inspecting the push-pull cables, correct problems with the standby postcard will be date stamped and vacuum lines, saddle fittings, and vacuum system before failure or returned to the commenter. shuttle valve for correct installation malfunction and to provide operating and damage (wear, chafing, procedures for the pilot regarding the Availability of NPRMs deterioration, etc.); immediately use and limitations of this system. Any person may obtain a copy of this correcting any discrepancy found; and DATES: NPRM by submitting a request to the Comments must be received on conducting a function test of the FAA, Central Region, Office of the or before August 30, 1999. vacuum system after each inspection. ADDRESSES: Submit comments in Regional Counsel, Attention: Rules triplicate to the Federal Aviation Docket No. 98–CE–87–AD, Room 1558, The FAA’s Determination Administration (FAA), Central Region, 601 E. 12th Street, Kansas City, Missouri After examining the circumstances Office of the Regional Counsel, 64106. and reviewing all available information Attention: Rules Docket No. 98–CE–87– Discussion related to the incidents described above, AD, Room 1558, 601 E. 12th Street, including the above-referenced service Kansas City, Missouri 64106. Comments The FAA has received several reports information, the FAA has determined may be inspected at this location of problems on aircraft equipped with that AD action should be taken to detect between 8 a.m. and 4 p.m., Monday Precise Flight, Inc. Model SVS III and correct problems with the standby through Friday, holidays excepted. standby vacuum systems. In particular, vacuum system before failure or Service information that applies to the the reports show 14 incidents of failed malfunction and to provide operating proposed AD may be obtained from shuttle control valves and 2 accidents procedures for the pilot regarding the Precise Flight, Inc., 63120 Powell Butte where improper use of the standby use and limitations of this system. Road, Bend, Oregon 97701; telephone: vacuum system was a factor. Other parts (800)–547–2558. This information also of the standby vacuum system that Explanation of the Provisions of the may be examined at the Rules Docket at could fail include the saddle fittings, Proposed AD the address above. vacuum lines, and the push-pull cables. Since an unsafe condition has been FOR FURTHER INFORMATION CONTACT: Ms. The standby vacuum system is identified that is likely to exist or Della Swartz, Aerospace Engineer, FAA, intended to provide emergency vacuum develop in aircraft equipped with Seattle Aircraft Certification Office, power for aircraft instruments when the Precise Flight, Inc. Model SVC III 1601 Lind Avenue, SW, Renton, primary vacuum system fails. The standby vacuum systems, the FAA is Washington 98055–4065; telephone: design of the Precise Flight, Inc. Model proposing AD action. The proposed AD (425) 227–2596; facsimile: (425) 227– SVS III standby vacuum system is such would require incorporating revised 1181. that it may not be able to provide operating limitations for the affected SUPPLEMENTARY INFORMATION: sufficient power to maintain altitude standby vacuum systems into the and operate the vacuum instruments. airplane flight manual (AFM), and Comments Invited Failure of the standby vacuum system repetitively inspecting the push-pull Interested persons are invited to in instrument flight rules (IFR) can lead cable, vacuum lines, saddle fittings, and participate in the making of the to the pilot making incorrect decisions shuttle valve for correct installation and proposed rule by submitting such based on the data received from the damage (wear, chafing, deterioration, written data, views, or arguments as instruments with consequent loss of etc.). The proposed AD would also they may desire. Communications control of the aircraft. require immediately correcting any should identify the Rules Docket The Precise Flight, Inc. Model SVS III discrepancy found and conducting a number and be submitted in triplicate to standby vacuum systems are installed function test of the vacuum system after the address specified above. All on aircraft through a supplemental type each inspection. communications received on or before certificate (STC) or through field Compliance Time of the Proposed AD the closing date for comments, specified approval. The Applicability section of above, will be considered before taking the proposed AD lists the applicable The compliance times of the proposed action on the proposed rule. The STC’s and aircraft that could have these AD are presented in calendar time. proposals contained in this notice may standby vacuum systems installed. This Although malfunction or failure of the be changed in light of the comments list is not meant to be exhaustive nor standby vacuum systems is only unsafe received. does it include all aircraft with the while the aircraft is in flight, the Comments are specifically invited on systems installed through field condition is not a direct result of the overall regulatory, economic, approval. repetitive aircraft operation. The unsafe
VerDate 18-JUN-99 10:16 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\A07JY2.001 pfrm03 PsN: 07JYP1 36620 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Proposed Rules condition could exist on a standby the life of an airplane incorporating one contacting the Rules Docket at the vacuum system installed on an aircraft of the affected standby vacuum systems. location provided under the caption with only 50 hours time-in-service The FAA also has no way of ADDRESSES. (TIS), but may not develop on another determining the number of standby List of Subjects in 14 CFR Part 39 standby vacuum system installed on an vacuum systems that would require aircraft until 1,000 hours TIS. The corrective action based on the Air transportation, Aircraft, Aviation inspection compliance times are inspection results. safety, Safety. proposed to coincide with annual Regulatory Impact inspections so as to allow the owner/ The Proposed Amendment operator of the aircraft to have the The regulations proposed herein Accordingly, pursuant to the proposed action accomplished at a time would not have substantial direct effects authority delegated to me by the when he/she had already scheduled on the States, on the relationship Administrator, the Federal Aviation maintenance activities. between the national government and Administration proposes to amend part the States, or on the distribution of Cost Impact 39 of the Federal Aviation Regulations power and responsibilities among the (14 CFR part 39) as follows: The FAA estimates that 10,000 various levels of government. Therefore, standby vacuum systems would be in accordance with Executive Order PART 39ÐAIRWORTHINESS affected by the proposed AD, that it 12612, it is determined that this DIRECTIVES would take approximately 3 workhours proposal would not have sufficient per vacuum system to accomplish the federalism implications to warrant the 1. The authority citation for part 39 proposed actions, and that the average preparation of a Federalism Assessment. continues to read as follows: labor rate is approximately $60 an hour. For the reasons discussed above, I Authority: 49 U.S.C. 106(g), 40113, 44701. Based on these figures, the total cost certify that this action (1) is not a impact of the proposed AD on U.S. ‘‘significant regulatory action’’ under § 39.13 [Amended] operators is estimated to be $1,800,000, Executive Order 12866; (2) is not a 2. Section 39.13 is amended by or $180 per airplane. ‘‘significant rule’’ under DOT adding a new airworthiness directive These figures only take into account Regulatory Policies and Procedures (44 (AD) to read as follows: the costs of the initial inspection and FR 11034, February 26, 1979); and (3) if initial functional test of the standby promulgated, will not have a significant Precise Flight, Inc.: Docket No. 98-CE–87– AD. vacuum systems; subsequent economic impact, positive or negative, inspections and functional tests and any on a substantial number of small entities Applicability: Model SVS III standby vacuum systems, installed on, but not limited corrective actions are not included in under the criteria of the Regulatory to, the aircraft listed in the following chart. the cost impact. The FAA has no way Flexibility Act. A copy of the draft These systems can be installed either in of determining the number of repetitive regulatory evaluation prepared for this accordance with the applicable supplemental inspections and functional tests each action has been placed in the Rules type certificate (STC) or through field airplane owner/operator will incur over Docket. A copy of it may be obtained by approval:
Affected STC Make and model airplanes
SA2160NM ...... Raytheon Beech Models 23, A23, A23A, A23±19, 19A, B19, B19A, A23±24, B23, C23, A24, A24R, B24R, C24R, 35, A35, B35, C35, D35, E35, F35, G35, 35R, H35, J35, K35, M35, N35, P35, S35, V35, V35A, V35B, 35±33, 35±A33, 35±B33, 35±C33, 35±C33A, E33, E33A, E33C, F33, F33A, F33C, G33, 36, A36, A36TC, B36TC, 4S(YT±34), A45(T±34A, B±45), D45(T±34B), and 77 Series. SA2161NM ...... Raytheon Beech Model V35B. SA2162NM ...... Cessna Models 120, 140, 140A, 150, 150A, 150B, 150C, 150D, 150E, 150F, 150G, 150H, 150J, 150K, 150L, A150L, 150M, 152, A152, A150K, A150M, 170, 170A, 170B, 172, 172A, 172B, 172C, 172D, 172E, 172F (USAFT±41A), 172G, 172H(USAFT±41A), 172I, 172K, 172L, 172M, 172N, 172P, 172Q, 175, 175A, 175B, 175C, P172D, R172E (USAFT±41B, USAFT41±3, and USAFT±41D), R172F (USAFT±41D and USAFT±41C), R172G (USAFT±41D), R172H (USAFT±41D), R172J, R172K, 172RG, 177, 177A, 177B, 177RG, 180, 180A, 180B, 180C, 180D, 180E, 180F, 180G, 180H, 180J, 180K, 182, 182A, 182B, 182C, 182D, 182E, 182F, 182G, 182H, 182J, 182K, 182L, 182M, 182N, 182P, 182Q, 182R, 182RG, T182, T182RG, T182R, 185, 185A, 185B, 185C, 185D, 185E, A185E, A185F, 188, 188A, 188B, A188, A188B, T188C, 206, P206, P206A, P206B, P206C, P206D, P206E, TP206A, TP206B, TP206C, TP206D. TP206E, U206±A, U206±B, U206±C, U206±D, U206±E, U206±F, U206±G, TU206±A, TU206±B, TU206±C, TU206±D, TU206±E, TU206±F, TU206±G, 207, 207A, T207, T207A, 210, 210A, 210B, 210C, 210D, 210E, 210F, 210±5 (205), 210±5A (205A), T210F, 210G, T±210G, 210H, T±210H, 210J, 205P, T±210J, 210K, T±210K, T210L, 210L, 210M, T210M, 210N, P210N, T210N, 205T, 210R, P210R, 205U, T210R, 210±5, 210±5A, 305A (USAF 0±1A), 305C (USAF 0±1E), 305D (USAF 0±1F), 305F, 305B (USAF T0±1D), 305E (0±1D or 0±1F), and 321 (Navy 0E±2). SA2163NM ...... Cessna Model U206G. SA2164NM ...... Cessna Model 180Q. SA2166NM ...... Cessna Model 177. SA2167NM ...... The New Piper Aircraft, Inc. (Piper) Models L±14, PA±12, PA±12S, PA±14, PA±15, PA±16, PA±16S, PA±17, PA±18, PA± 18A, PA±18S, PA±18±105 (Special), PA±18S±105(SP), PA±18±125 (Army L±21A), PA±18AS±125, PA±18S±125, PA± 18±135, PA±18A±135, PA±18AS±135, PA±18S±135, PA±18±150, PA±18A±150, PA±18AS±150, PA±18S±150, PA±19 (Army L±18C), PA±19S, PA±20, PA±20S, PA±20±115, PA±20S±115, PA±20±135, PA±22, PA±22±108, PA±22±135, PA±22S±135, PA±22±150, PA±22S±150, PA±22±160, PA±22S±160, PA±24, PA±24±250, PA±24±260, PA±24±400, PA± 25, PA±25±235, PA±25±260, PA±32±260, PA±32RT±300, PA±32RT±301T, PA±32±300, PA±32RT±300T, PA±32±301, PA±32S±300, PA±32R±301, PA±32±301T, PA±32R±300, PA±32R±301T, PA±28±140, PA±28±141, PA±28±150, PA±28± 151, PA±28±160, PA±28S±160, PA±28±180, PA±28R±180, PA±28S±180, PA±28±235, PA±28S±235, PA±28±181, PA± 28±161, PA±28R±200, PA±28R±201, PA±28R±201T, PA±28±236, PA±28RT±201, PA±28RT±201T, PA±28±201T, PA± 36±285, PA±36±300, PA±36±375, PA±38±112, and PA±46±31OP. SA2168NM ...... Mooney Models M20, M20A, M20B, M20C, M20D, M20E, M20F, M20G, M20J, M20K, M20M , and M22. SA2683NM ...... Aerocar, Inc. Model I.
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Affected STC Make and model airplanes
Aerodifusion, S.L. Model Jodel D±1190S. Aeromere, S.A. Model Falco F.8.L. Aeronautica Macchi S.P.A. Models AL60, AL60±B, AL60±F5, and AL60±C5. Aeronautica Macchi & Aerfer Model AM±3. Aeronca Inc. Models 15AC and S15AC. Aerospatiale Model TB20 Trinidad. Arctic Aircraft Co., Inc. Models S±1A, S±1A±65F, S±1A±85F, S±1A±90F, S±1B1(Army L±67 XL±6), and S±1B2. Avions Mudry et Cie Model CAP 10B. American Champion Models (Bellanca, Aeronca) 7AC, 7ACA, S7AC (L±16A), 7BCM (L±16B), 7CCM, 7DC, S7DC, 7EC, S7EC, 7ECA, 7FC, 7GC, 7GCA, 7GCCA, 7GCB, 7GCBA, 7GCBC, 7HC, 7JC, 7KC, 7KCAB, 8KCAB, 8GCBC, 11AC, S11AC, 11BC, S11BC, 11CC, and S11CC. Bellanca Aircraft Corporation Models 14±9, 14±9L, 14±12F±3, 14±13, 14±13±2, 14±13±3, 14±13±3W, 14±19, 14±19±2, 14±19±3A, 17±30, 17±31, 17±31TC, 17±30A, 17±31A, and 17±31ATC. Biemond, C. Model Teal CB1. Board, G.R. Models Columbia XJL±1 and Bolkow Jr. Clark Aircraft, Inc. Models 12 and 1000. Falcon Aircraft Corporation Model F±1. Flug und Fahrzeugwerke AG Model AS 202/15 ``Brand''. Found Brothers Model FBA±2C Fuji Heavy Industries Models FA±200±160, FA±200±180, and FA±200±180AO. Funk Aircraft Model Funk C. Kearns, Edward Scott (Garcia, Henry S.) Model (Emigh) Trojan A±2. Swift Museum Foundation, Inc. Model (Globe) GC±1A, GC±1B. Goodyear Aircraft Model GA±22A. Great Lakes Aircraft Model 2T±1A±1 and 2T±1A±2. Grumman American Models G±164, G±164A, G±164B, AA±1, AA±1A, AA±1B, AA±1C, AA±5, AA±5A, and AA±5B. Commander Aircraft (Gulfstream) Models 112, (112A, 112B, 112TC, 112TCA, 114, and 114A. Helio Enterprises Models H±250, H±295 (USAF U±10D), H±391 (USAF YL±24), H±395 (SAF L±28A), H±395A, HT±295, and H±700. Prop-Jets, Inc. (Interceptor Corp., Aero Commander, Meyers) Models 200, 200A, 200B, 200C, and 200D. C. Itoh Aircraft Maintenance & Engineering Co. LTD. Model N±62. Jamieson Corporation Model J±2±L1B. Jodel, Avion Models D±140±B, DR±1050, D±1190, and 150. Lake Models C±1, C±2±IV, LA±4, LA±4±200, and LA±4±250. Luscombe Aircraft Corp. Models 8, 8A, 8B, 8C, 8D, 8E, 8F, T±8F, and 11A. Maule Aerospace Technology Corp. Models Bee Dee M±4, M±4, M±4C, M±4S, M±4T, M±4±180C, M±4±180S, M±4±210, M±4±201C, M±4±210S, M±4±210T, M±4±220S, M±4±220T, M±5±180C, M±5±200, M±5±210C, M±5±210TC, M±T±220C, M±5±235, M±5±235C, M±6±180, M±6±235, M±7±235, MX±7±180, MX±7±235. Messerschmitt±Bolkow Models BO±209±150. FV&RV, BO209±160 FV&RV, BO±209, and 150OFF. Nardi S.A. Model FN±333. Jimmie Thompson Enterprise (Navion Rangemaster Aircraft Corporation) Models Navion (L±17A). Navion A (L±17B, L±17C), Navion B, D, E, F, G, and H. White International Ltd. Models (Pitts) S±1S, S±1T, S±2, and S±2A. Procaer S.P.A. Models F 15/B, F 15/C, and F 15/E. Gulfstream Aerospace Corporation (Rockwell) Models 111, 112, 112B, 112TC, 112TCA, and 114. Aermacchi S.p.A Models S.205, S.205±18F, S.205±18/R, S.205±20/F, S.205±20/R, S.205±22/R, S.208, S.208A, F.260, and F.260B. Socata Groupe Aerospatiale Models Rallye Series MS880B, MS885, MS892±A±150, MS892E±150, MS893A, MS893E, MS894A, MS894E, TB9,TB10, and TB21. Stinson Models 108±2 and 108±3. Sud Aviation Models Gardan GY.80±1500, GY.80±160, and GY.80±180. Taylorcraft Aircraft Company Models F19, F21, and F21A. Univair Aircraft Corporation (Forney) Models F±1, F±1A, (ERCO)E, 415D, (ALON)A±2, A20a, (Mooney)M10, (Mooney) (ERCO) 415±C, and 415±CD. Augustair, Inc. (Varga Aircraft Corporation) Models 2150, 2150A, and 2180.
Note 1: The above list includes the aircraft requirements of this AD is affected, the malfunction and to provide operating where the Precise Flight, Inc. Model SVS III owner/operator must request approval for an procedures for the pilot regarding the use and standby vacuum systems could be installed alternative method of compliance in limitations of this system, accomplish the through STC. This list is not meant to be accordance with paragraph (e) of this AD. following: exhaustive nor does it include all aircraft The request should include an assessment of (a) Within the next 30 calendar days after with the systems installed through field the effect of the modification, alteration, or the effective date of this AD, accomplish approval. repair on the unsafe condition addressed by whichever (paragraph (a)(1) or (a)(2) below) Note 2: This AD applies to any aircraft this AD; and, if the unsafe condition has not of the following that applies: with a standby vacuum system installed that been eliminated, the request should include (1) For airplanes with the affected standby is identified in the preceding applicability specific proposed actions to address it. vacuum system installed in accordance with provision, regardless of whether it has been Compliance: Required as indicated in the the applicable STC, incorporate the modified, altered, or repaired in the area body of this AD, unless already applicable Precise Flight, Inc. Airplane Flight subject to the requirements of this AD. For accomplished. Manual Supplement (AFMS) for Standby aircraft that have been modified, altered, or To detect and correct problems with the Vacuum Systems (each document repaired so that the performance of the standby vacuum system before failure or corresponds with the applicable STC as
VerDate 18-JUN-99 10:16 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\A07JY2.004 pfrm03 PsN: 07JYP1 36622 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Proposed Rules presented in the chart below) into the 97701; or may examine this/these APPROXIMATE STANDBY VACUUM Airplane Flight Manual (AFM), including document(s) at the FAA, Central Region, AVAILABLEÐALTITUDE-POWER installing all placards specified in these Office of the Regional Counsel, Room 1558, CHART FOR AIRCRAFT WITH CON- AFMS’s; or insert a copy of the Appendix to 601 E. 12th Street, Kansas City, Missouri STANT SPEED PROPELLERÐMAX- this AD into the AFM, including installing all 64106. placards specified in the Appendix: IMUM CONTINUOUS RPM. BILLING CODE 4910±13±U Applicable STC AFMS Date Appendix to Docket No. 98–CE–87–AD SVS Press alt. RPM Man. vacuum SA2160NM ...... May 7, 1998. System Description (Ft.) pressure in Hg. SA2161NM ...... August 6, 1998. Min. SA2162NM ...... August 6, 1998. A Precise Flight Standby Vacuum System SA2163NM ...... August 6, 1998. may be installed to provide a temporary 2000 ..... Max. SA2164NM ...... August 6, 1998. vacuum system in the event of a primary Cont. SA2166M ...... August 6, 1998. vacuum failure. The Standby Vacuum 4000 ..... Max. SA2167NM ...... August 6, 1998. System operates on the differential between Cont. SA2168NM ...... August 6, 1998. the intake manifold and ambient air pressure 6000 ..... Max. Cont. SA2683NM ...... August 6, 1998; or. and is directed through a shuttle valve 8000 ..... Max. system to drive your flight instruments. (2) For airplanes with the affected standby Cont. vacuum system installed through field I. Operating Limitations 10,000 .. Max. approval, insert the Appendix to this AD into Cont. the AFM, including installing all placards A. Instructions specified in the Appendix. 1. The Standby Vacuum System is for APPROXIMATE STANDBY VACUUM (b) Within the next 12 calendar months emergency or standby use only and not for VAILABLE LTITUDE OWER after the effective date of this AD, and dispatch purposes. A ÐA -P thereafter at intervals specified in the 2. Vacuum powered add/or Vacuum gyro CHART FOR AIRCRAFT WITH A FIXED following paragraphs, inspect the push-pull PITCH PROPELLER cable, vacuum lines, saddle fittings, and directed autopilot operation may be shuttle valve for correct installation and unreliable when the Standby Vacuum System is the sole source of vacuum. Vacuum Press alt. SVS vacuum damage (wear, chafing, deterioration, etc.). (Ft.) RPM in Hg min. Accomplish these inspections in accordance powered or vacuum gyro directed autopilot with Precise Flight Instructions for should be OFF when operating with a failed 2000 ...... Continued Airworthiness (Section 3.3 of primary vacuum system. 4000 ...... Installation Report No. 50050), Revision 25, 3. The Supplemental Vacuum System is 6000 ...... dated August 26, 1996. not designed to operate pneumatic de-ice 8000 ...... (1) Reinspect the push-pull cable, vacuum systems. DO NOT operate a pneumatic de-ice 10,000 ...... lines, and saddle fittings at intervals not to system when operating with a failed primary exceed 12 calendar months; and (2) Reinspect the shuttle valve at intervals vacuum system. II. Operating Procedures not to exceed 24 calendar months. 4. Above 10,000 ft. pressure altitude, A. Normal Procedures (c) Prior to further flight after each engine power settings may have to be 1. Ground Check inspection required by paragraph (b) of this significantly reduced to provide adequate AD, accomplish the following in accordance vacuum power for proper gyro instrument a. Cycle the Standby Vacuum Control Knob with Precise Flight Instructions for operation. Out—ON—, and return Control Knob IN— Continued Airworthiness (Section 3.3 of 5. The following placards are required to OFF—position. Installation Report No. 50050), Revision 25, be in full view of pilot: 2. Before Takeoff dated August 26, 1996. a. Idle Engine at low speed, momentarily (1) Correct any discrepancy found; and B. Placards pull the standby vacuum knob out—ON— (2) Conduct a function test of the vacuum Placard to be located on the push/pull and check vacuum gauge. Normally, the system and assure proper function. control cable. vacuum reading will be slightly higher. After (d) Special flight permits may be issued in checking system push Standby Vacuum accordance with §§ 21.197 and 21.199 of the Placard to be located around the LED for System knob IN—OFF—. Check that vacuum Federal Aviation Regulations (14 CFR 21.197 the pump inop warning light. gauge has returned to the previous reading. and 21.199) to operate the airplane to a Placard to be placed in front and in full location where the requirements of this AD view of the pilot. 3. Enroute can be accomplished. a. Regularly check vacuum gauge and (e) An alternative method of compliance or STANDBY VACUUM SYSTEM EQUIPPED: monitor warning light for proper vacuum adjustment of the initial or repetitive FOR OPERATING INSTRUCTIONS AND system operation. compliance times that provides an equivalent LIMITATIONS SEE SUPPLEMENT IN B. Emergency Procedures level of safety may be approved by the OWNERS MANUAL OR PILOTS OPER- Manager, Seattle Aircraft Certification Office ATING HANDBOOK 1. Primary Vacuum Failure Warning Light (ACO), 1601 Lind Avenue, SW, Renton, Illuminates Washington 98055–4065. The request shall One of the following placards must be a. Pull the Standby Vacuum System knob be forwarded through an appropriate FAA placed in full view of the pilot near the OUT -ON- and adjust throttle setting as Maintenance Inspector, who may add required to maintain adequate vacuum for comments and then send it to the Manager, instrument vacuum indicator after appropriate entries have been made. the primary instruments—Suction Gauge Seattle ACO. Reading in the Green Arc—If necessary Note 3: Information concerning the descend to a lower altitude to obtain a larger existence of approved alternative methods of differential between manifold and ambient compliance with this AD, if any, may be pressure. Vacuum power must be closely obtained from the Seattle ACO. monitored by checking the vacuum gauge (f) All persons affected by this directive frequently. may obtain copies of the documents referred b. The SVS is not designed for continued to herein upon request to Precise Flight, Inc., IFR flight. Immediate steps should be taken 63120 Powell Butte Road, Bend, Oregon to return to VFR conditions or to land. If this
VerDate 18-JUN-99 16:38 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\07JYP1.XXX pfrm03 PsN: 07JYP1 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Proposed Rules 36623 is not possible, IFR flight should be DATES: Comments must be received on Discussion continued only as long as necessary to return or before September 7, 1999. to VFR conditions or land the airplane. The Direction Generale De L’Aviation WARNING: FAILURE OF THE VACUUM ADDRESSES: Submit comments in Civile (DGAC), which is the SYSTEM STILL CONSTITUTES AN triplicate to the Federal Aviation airworthiness authority for France, EMERGENCY SITUATION REGARDLESS OF Administration (FAA), Office of the recently notified the FAA that an unsafe THE INSTALLATION OF THE SVS. IT MAY Regional Counsel, Southwest Region, condition may exist on Eurocopter NOT BE POSSIBLE TO MAINTAIN A SAFE Attention: Rules Docket No. 99–SW–13– France Model AS332C, L, and L1 ALTITUDE AND MAKE USE OF THE SVS. AD, 2601 Meacham Blvd., Room 663, IN SUCH A SITUATION THE AIRPLANE helicopters. The DGAC advises of the MUST BE FLOWN USING NON-VACUUM Fort Worth, Texas. Comments may be failure during a load test of certain POWERED INSTRUMENTS. inspected at this location between 9:00 incorrect bolts that were used to secure c. If descent is impractical: a.m. and 3:00 p.m., Monday through the hoist arm lower fittings. • Periodically and temporarily reduce Friday, except Federal holidays. Eurocopter France has issued Telex power as required to provide adequate FOR FURTHER INFORMATION CONTACT: No. 00069, dated November 3, 1998, for vacuum to the aircraft primary instruments. Model AS 332C, L, and L1 helicopters • Reapply power as required, while Mike Mathias, Aerospace Engineer, comparing vacuum driven gyros against the FAA, Rotorcraft Directorate, Rotorcraft that are not modified in accordance Turn and Bank Indicator, Turn Coordinator, Standards Staff, 2601 Meacham Blvd., with modification AMS 0722955 to VSI and/or other flight instruments. Fort Worth, Texas 76137, telephone inspect each bolt that secures the hoist • When an obvious discrepancy is noted (817) 222–5123, fax (817) 222–5961. arm lower fitting to ensure that the between the vacuum driven instruments and correct bolt, part number (P/N) other flight instrumentation. Periodically and SUPPLEMENTARY INFORMATION: 22201BE080020L, is installed rather temporarily reduce power as required to Comments Invited than the incorrect bolt, P/N provide adequate vacuum to the aircraft 22201BC080017L. The DGAC classified primary instruments. Interested persons are invited to this Telex as mandatory and issued AD III. Performance participate in the making of the 98–487–072(A), dated December 2, No change. proposed rule by submitting such 1998, to ensure the continued written data, views, or arguments as Issued in Kansas City, Missouri, on June airworthiness of these helicopters in 25, 1999. they may desire. Communications France. should identify the Rules Docket Michael Gallagher, These helicopter models are number and be submitted in triplicate to manufactured in France and are type Manager, Small Airplane Directorate, Aircraft the address specified above. All Certification Service. certificated for operation in the United communications received on or before States under the provisions of section [FR Doc. 99–16911 Filed 7–6–99; 8:45 am] the closing date for comments, specified BILLING CODE 4910±13±P 21.29 of the Federal Aviation above, will be considered before taking Regulations (14 CFR 21.29) and the action on the proposed rule. The applicable bilateral airworthiness proposals contained in this notice may DEPARTMENT OF TRANSPORTATION agreement. Pursuant to this bilateral be changed in light of the comments airworthiness agreement, the DGAC has Federal Aviation Administration received. kept the FAA informed of the situation Comments are specifically invited on described above. The FAA has 14 CFR Part 39 the overall regulatory, economic, examined the findings of the DGAC, [Docket No. 99±SW±13±AD] environmental, and energy aspects of reviewed available information, and the proposed rule. All comments determined that AD action is necessary Airworthiness Directives; Eurocopter submitted will be available, both before for products of these type designs that France Model AS332C, L, and L1 and after the closing date for comments, are certificated for operation in the Helicopters in the Rules Docket for examination by United States. interested persons. A report Since an unsafe condition has been AGENCY: Federal Aviation summarizing each FAA-public contact Administration, DOT. identified that is likely to exist or concerned with the substance of this develop on other Eurocopter France ACTION: Notice of proposed rulemaking proposal will be filed in the Rules Model AS332C, L, and L1 helicopters of (NPRM). Docket. the same type design registered in the SUMMARY: This document proposes the Commenters wishing the FAA to United States, the proposed AD would adoption of a new airworthiness acknowledge receipt of their comments require inspecting the bolts that secure directive (AD) that is applicable to submitted in response to this notice the hoist arm lower fitting and replacing Eurocopter France Model AS332C, L, must submit a self-addressed, stamped each incorrect bolt, P/N and L1 helicopters. This proposal would postcard on which the following 22201BC080017L, with an airworthy require inspecting and replacing certain statement is made: ‘‘Comments to bolt, P/N 22201BE080020L. bolts that secure the hoist arm lower Docket No. 99–SW–13–AD.’’ The The FAA estimates that four fitting. This proposal is prompted by a postcard will be date stamped and helicopters of U.S. registry would be report of a failure of the bolts that secure returned to the commenter. affected by this proposed AD, that it the hoist arm lower fitting during a Availability of NPRMs would take approximately 1.5 work factory load test. The actions specified hours to inspect and replace the bolts by the proposed AD are intended to Any person may obtain a copy of this per helicopter, and that the average prevent failure of the bolts that secure NPRM by submitting a request to the labor rate is $60 per work hour. the hoist arm lower fitting, separation of FAA, Office of the Regional Counsel, Required parts would cost components from the helicopter, impact Southwest Region, Attention: Rules approximately $50 for four bolts. Based with the main or tail rotor, and Docket No. 99–SW–13–AD, 2601 on these figures, the total cost impact of subsequent loss of control of the Meacham Blvd., Room 663, Fort Worth, the proposed AD on U.S. operators is helicopter. Texas 76137. estimated to be $560.
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The regulations proposed herein accordance with paragraph (e) of this AD. DEPARTMENT OF TRANSPORTATION would not have substantial direct effects The request should include an assessment of on the States, on the relationship the effect of the modification, alteration, or Federal Aviation Administration between the national government and repair on the unsafe condition addressed by the States, or on the distribution of this AD; and, if the unsafe condition has not 14 CFR Part 39 power and responsibilities among the been eliminated, the request should include [Docket No. 97±NM±58±AD] various levels of government. Therefore, specific proposed actions to address it. in accordance with Executive Order Compliance: Required prior to the next use RIN 2120±AA64 of the hoist, unless accomplished previously. 12612, it is determined that this Airworthiness Directives; Bombardier To prevent failure of the bolts that secure proposal would not have sufficient Model DHC±8±100 and -300 Series the hoist arm lower fitting, separation of federalism implications to warrant the Airplanes preparation of a Federalism Assessment. components from the helicopter, impact with For the reasons discussed above, I the main or tail rotors, and subsequent loss AGENCY: Federal Aviation certify that this proposed regulation (1) of control of the helicopter, accomplish the Administration, DOT. following: is not a ‘‘significant regulatory action’’ ACTION: Notice of proposed rulemaking under Executive Order 12866; (2) is not (a) Remove the four bolts that secure the (NPRM). a ‘‘significant rule’’ under the DOT hoist arm lower fitting. Regulatory Policies and Procedures (44 (b ) Inspect each bolt as follows: SUMMARY: This document proposes the FR 11034, February 26, 1979); and (3) if (1) Measure each bolt shank from beneath adoption of a new airworthiness promulgated, will not have a significant the bolt head to the shank end; directive (AD) that is applicable to economic impact, positive or negative, (2) Determine the part number (P/N) of the certain Bombardier Model DHC–8–100 on a substantial number of small entities bolt; and and -300 series airplanes. This proposal (3) Determine what engraved marking is under the criteria of the Regulatory would require modification of certain present on the bolt head. Flexibility Act. A copy of the draft hydraulic systems that provide (c) Each bolt, P/N 22201BE080020L, regulatory evaluation prepared for this hydraulic pressure for the control of the inspected in accordance with paragraph (b), rudder and for the main landing gear action is contained in the Rules Docket. measuring 20 mm in length and having ‘‘BE’’ A copy of it may be obtained by brakes. This proposal is prompted by engraved on the bolt head may be reinstalled issuance of mandatory continuing contacting the Rules Docket at the if otherwise airworthy. airworthiness information by a foreign location provided under the caption (d) Any bolt inspected in accordance with civil airworthiness authority. The ADDRESSES. paragraph (b), not measuring 20 mm in actions specified by the proposed AD List of Subjects in 14 CFR Part 39 length and having ‘‘BC’’ or letters other than ‘‘BE’’ engraved on the bolt head must be are intended to prevent damage to Air transportation, Aircraft, Aviation replaced. Replace with an airworthy bolt, P/ certain hydraulic system components in safety, Safety. N 22201BE080020L, that measures 20 mm in the number 2 engine nacelle, which could result in loss of the number 1 and The Proposed Amendment length and has ‘‘BE’’ engraved on the bolt head. number 2 hydraulic systems, and Accordingly, pursuant to the (e) An alternative method of compliance or consequent reduced controllability of authority delegated to me by the adjustment of the compliance time that the airplane. Administrator, the Federal Aviation provides an acceptable level of safety may be DATES: Comments must be received by Administration proposes to amend part used if approved by the Manager, Rotorcraft August 6, 1999. 39 of the Federal Aviation Regulations Certification Office, Rotorcraft Directorate, ADDRESSES: Submit comments in (14 CFR part 39) as follows: FAA. Operators shall submit their requests triplicate to the Federal Aviation through an FAA Principal Maintenance Administration (FAA), Transport PART 39ÐAIRWORTHINESS Inspector, who may concur or comment and DIRECTIVES Airplane Directorate, ANM–114, then send it to the Manager, Rotorcraft Attention: Rules Docket No. 97–NM– Certification Office. 1. The authority citation for part 39 58–AD, 1601 Lind Avenue, SW., continues to read as follows: Note 2: Information concerning the Renton, Washington 98055–4056. existence of approved alternative methods of Authority: 49 U.S.C. 106(g), 40113, 44701. Comments may be inspected at this compliance with this AD, if any, may be location between 9:00 a.m. and 3:00 obtained from the Rotorcraft Certification § 39.13 [Amended] p.m., Monday through Friday, except Office. 2. Section 39.13 is amended by Federal holidays. (f) Special flight permits may be issued in adding a new airworthiness directive to The service information referenced in accordance with §§ 21.197 and 21.199 of the read as follows: the proposed rule may be obtained from Federal Aviation Regulations (14 CFR 21.197 Bombardier, Inc., Bombardier Regional Eurocopter France: Docket No. 99–SW–13– and 21.199) to operate the helicopter to a AD. Aircraft Division, Garratt Boulevard, location where the requirements of this AD Downsview, Ontario M3K 1Y5, Canada. Applicability: Model AS332C, L, and L1 can be accomplished. helicopters, that are not modified in This information may be examined at accordance with modification AMS 0722955, Note 3: The subject of this AD is addressed the FAA, Transport Airplane certificated in any category. in Direction Generale De L’Aviation Civile Directorate, 1601 Lind Avenue, SW., (France) AD No. 98–487–072(A), dated Note 1: This AD applies to each helicopter Renton, Washington; or at the FAA, identified in the preceding applicability December 2, 1998. Engine and Propeller Directorate, New provision, regardless of whether it has been Issued in Fort Worth, Texas, on June 28, York Aircraft Certification Office, 10 otherwise modified, altered, or repaired in 1999. Fifth Street, Third Floor, Valley Stream, the area subject to the requirements of this Eric Bries, New York. AD. For helicopters that have been modified, Acting Manager, Rotorcraft Directorate, altered, or repaired so that the performance FOR FURTHER INFORMATION CONTACT: Aircraft Certification Service. of the requirements of this AD is affected, the Anthony Gallo, Aerospace Engineer, owner/operator must request approval for an [FR Doc. 99–17176 Filed 7–6–99; 8:45 am] Systems and Flight Test Branch, ANE– alternative method of compliance in BILLING CODE 4910±13±P 172, FAA, Engine and Propeller
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Directorate, New York Aircraft Investigation revealed that the engine nacelle to the rear fuselage; and Certification Office, 10 Fifth Street, hydraulic system did not cause the fire installation of a new support assembly, Third Floor, Valley Stream, New York in any of the incidents, however, the hydraulic isolation valve, tube 11581; telephone (516) 256–7510; fax damage from the fires resulted in a total assemblies, wiring, circuit breaker, (516) 568–2716. loss of hydraulic pressure in both caution indicator, and associated relays. SUPPLEMENTARY INFORMATION: hydraulic systems 1 and 2. These Bombardier Service Bulletin S.B. 8– hydraulic systems supply hydraulic 29–29, dated February 27, 1998, Comments Invited power for the control of the rudder and describes procedures for installation of Interested persons are invited to for the main landing gear (MLG) brakes. a hydraulic rudder isolation system that participate in the making of the Further investigation revealed that the involves installation of two new proposed rule by submitting such location of the number 2 standby power hydraulic isolation valves, electrical written data, views, or arguments as unit (SPU) and certain hydraulic wiring, caution lights, and tube they may desire. Communications shall components of the parking brake system assemblies. Accomplishment of Service identify the Rules Docket number and (i.e., parking brake accumulator, Bulletin S.B. 8–29–29 is an alternative be submitted in triplicate to the address charging valve, and viewing gauge) may to the modification described in Service specified above. All communications have contributed to the hydraulic Bulletin S.B. 8–29–23. received on or before the closing date system damage. Such damage, if not Accomplishment of the actions for comments, specified above, will be corrected, could result in loss of the specified in these service bulletins is considered before taking action on the number 1 and number 2 hydraulic intended to adequately address the proposed rule. The proposals contained systems, and consequent reduced identified unsafe condition. TCA has in this notice may be changed in light controllability of the airplane. approved these service bulletins and of the comments received. issued Canadian airworthiness Comments are specifically invited on Explanation of Relevant Service Information directives CF–96–25R1, dated January the overall regulatory, economic, 16, 1997, and CF–96–25R2, dated environmental, and energy aspects of Bombardier has issued the following September 10, 1998, in order to assure the proposed rule. All comments service bulletins which describe the continued airworthiness of these submitted will be available, both before procedures for modification of certain airplanes in Canada. and after the closing date for comments, hydraulic systems that provide in the Rules Docket for examination by hydraulic pressure for the control of the FAA’s Conclusions interested persons. A report rudder and for the main landing gear This airplane model is manufactured summarizing each FAA-public contact brakes: in Canada and is type certificated for concerned with the substance of this Bombardier Service Bulletin S.B. 8– operation in the United States under the proposal will be filed in the Rules 32–128, Revision ‘C,’ dated March 27, provisions of § 21.29 of the Federal Docket. 1998, describes procedures for Aviation Regulations (14 CFR 21.29) Commenters wishing the FAA to modification of the parking brake and the applicable bilateral acknowledge receipt of their comments accumulator and charging valve of the airworthiness agreement. Pursuant to submitted in response to this notice parking brake system. This service this bilateral airworthiness agreement, must submit a self-addressed, stamped bulletin is divided into two parts, A and TCA has kept the FAA informed of the postcard on which the following B, respectively. situation described above. The FAA has statement is made: ‘‘Comments to Part A of the Accomplishment examined the findings of TCA, reviewed Docket Number 97–NM–58–AD.’’ The Instructions (Bombardier Modification all available information, and postcard will be date stamped and 8/1982) is applicable to airplanes on determined that AD action is necessary returned to the commenter. which Bombardier Modification 8/1152 for products of this type design that are has been installed. Part A of the Availability of NPRMs certificated for operation in the United Accomplishment Instructions describes States. Any person may obtain a copy of this procedures for relocation of the parking NPRM by submitting a request to the brake charging valve from the number 2 Explanation of Requirements of FAA, Transport Airplane Directorate, engine nacelle to the right-hand wing Proposed Rule ANM–114, Attention: Rules Docket No. root, modification of the wing root and Since an unsafe condition has been 97–NM–58–AD, 1601 Lind Avenue, installation of a new front access panel, identified that is likely to exist or SW., Renton, Washington 98055–4056. support, cleat, and associated hydraulic develop on other airplanes of the same tubes. Discussion type design registered in the United Part B of the Accomplishment States, the proposed AD would require Transport Canada Aviation (TCA), Instructions (Bombardier Modifications accomplishment of the actions specified which is the airworthiness authority for 8/1152 and 8/1982) is applicable to in the service bulletins described Canada, notified the FAA that an unsafe airplanes on which Bombardier previously. condition may exist on certain Modification 8/1152 has not been Bombardier Model DHC–8–100 and installed. Part B of the Accomplishment Cost Impact –300 series airplanes. TCA advises that Instructions describes procedures for The FAA estimates that 148 airplanes it has received reports of hydraulic relocation of the parking brake of U.S. registry would be affected by this system damage in the number 2 engine accumulator, charging valve, and proposed AD. nacelle caused by in-flight, fuel-fed viewing gauge; and installation of a new For airplanes identified in engine fires; and in one incident, the support assembly, panel assembly, Bombardier Service Bulletin S.B. 8–32– complete hull of the airplane was lost. viewing port, and tube assemblies in the 128, Revision ‘C,’ it would take between In each incident, the fire was caused by right-hand wing root. 15 and 40 work hours per airplane to leaking and igniting fuel. However, the Bombardier Service Bulletin S.B. 8– accomplish the proposed modification, source of the fuel leak in each incident 29–23, dated December 6, 1996, at an average labor rate of $60 per work was a different source, as was the source describes procedures for relocation of hour. Required parts would be provided of ignition. the number 2 SPU of the number 2 by the manufacturer at no cost to the
VerDate 18-JUN-99 16:38 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\07JYP1.XXX pfrm03 PsN: 07JYP1 36626 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Proposed Rules operators. Based on these figures, the location provided under the caption (2) For all airplanes on which Bombardier cost impact of the modification ADDRESSES. Modification 8/1152 has not been installed: proposed by this AD on U.S. operators Accomplish Part B of the Accomplishment List of Subjects in 14 CFR Part 39 is estimated to be between $133,200 and Instructions of the service bulletin. $355,200, or between $900 and $2,400 Air transportation, Aircraft, Aviation (b) Within 18 months after the effective safety, Safety. date of this AD, accomplish the actions per airplane. specified in either paragraph (b)(1) or (b)(2) For airplanes identified in The Proposed Amendment of this AD. Bombardier Service Bulletin S.B. 8–29– (1) Relocate the number 2 standby power 23, it would take approximately 346 Accordingly, pursuant to the unit (SPU) of the number 2 hydraulic system work hours per airplane to accomplish authority delegated to me by the in accordance with Bombardier Service the proposed relocation, at an average Administrator, the Federal Aviation Bulletin S.B. 8–29–23, dated December 6, labor rate of $60 per work hour. Administration proposes to amend part 1996; or Required parts would be provided by 39 of the Federal Aviation Regulations (2) Install a hydraulic rudder isolation the manufacturer at no cost to the (14 CFR part 39) as follows: system in the number 1 and number 2 operators. Based on these figures, the hydraulic systems in accordance with Bombardier Service Bulletin S.B. 8–29–29, cost impact of the modification PART 39ÐAIRWORTHINESS DIRECTIVES dated February 27, 1998. proposed by this AD on U.S. operators (c) An alternative method of compliance or is estimated to be $3,072,480, or $20,760 1. The authority citation for part 39 adjustment of the compliance time that per airplane. continues to read as follows: provides an acceptable level of safety may be For airplanes identified in Authority: 49 U.S.C. 106(g), 40113, 44701. used if approved by the Manager, New York Bombardier Service Bulletin S.B. 8–29– Aircraft Certification Office (ACO), FAA, 29, it would take approximately 120 § 39.13 [Amended] Engine and Propeller Directorate. Operators work hours per airplane to accomplish 2. Section 39.13 is amended by shall submit their requests through an the proposed installation, at an average appropriate FAA Principal Maintenance adding the following new airworthiness Inspector, who may add comments and then labor rate of $60 per work hour. directive: Required parts would be provided by send it to the Manager, New York ACO. the manufacturer at no cost to the Bombardier, Inc. (Formerly de Havilland, Note 2: Information concerning the Inc.): Docket 97–NM–58–AD. operators. Based on these figures, the existence of approved alternative methods of Applicability: Model DHC–8–100 and –300 compliance with this AD, if any, may be cost impact of the installation proposed series airplanes having serial numbers 003 obtained from the New York ACO. by this AD on U.S. operators is through 405; except those airplanes on which (d) Special flight permits may be issued in estimated to be $1,065,600, or $7,200 Bombardier Modifications 8/1152 and 8/1982 accordance with sections 21.197 and 21.199 per airplane. have been installed, and on which either of the Federal Aviation Regulations (14 CFR The cost impact figures discussed Bombardier Modification 8/1983 or 8/2781 21.197 and 21.199) to operate the airplane to above are based on assumptions that no has been installed; certificated in any a location where the requirements of this AD operator has yet accomplished any of category. can be accomplished. the proposed requirements of this AD Note 1: This AD applies to each airplane Note 3: The subject of this AD is addressed action, and that no operator would identified in the preceding applicability in Canadian airworthiness directives CF–96– accomplish those actions in the future if provision, regardless of whether it has been 25R1, dated January 16, 1997, and CF–96– otherwise modified, altered, or repaired in 25R2, dated September 10, 1998. this AD were not adopted. the area subject to the requirements of this Issued in Renton, Washington, on June 30, AD. For airplanes that have been modified, Regulatory Impact 1999. altered, or repaired so that the performance The regulations proposed herein of the requirements of this AD is affected, the D.L. Riggin, would not have substantial direct effects owner/operator must request approval for an Acting Manager, Transport Airplane on the States, on the relationship alternative method of compliance in Directorate, Aircraft Certification Service. between the national government and accordance with paragraph (c) of this AD. [FR Doc. 99–17177 Filed 7–6–99; 8:45 am] The request should include an assessment of the States, or on the distribution of BILLING CODE 4910±13±P power and responsibilities among the the effect of the modification, alteration, or various levels of government. Therefore, repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not in accordance with Executive Order been eliminated, the request should include DEPARTMENT OF TRANSPORTATION 12612, it is determined that this specific proposed actions to address it. proposal would not have sufficient Compliance: Required as indicated, unless Federal Aviation Administration federalism implications to warrant the accomplished previously. preparation of a Federalism Assessment. To prevent damage to certain hydraulic 14 CFR Part 39 For the reasons discussed above, I system components in the number 2 engine [Docket No. 99±NM±27±AD] certify that this proposed regulation (1) nacelle, which could result in loss of the is not a ‘‘significant regulatory action’’ number 1 and number 2 hydraulic systems, RIN 2120±AA64 under Executive Order 12866; (2) is not and consequent reduced controllability of the airplane, accomplish the following: Airworthiness Directives; British a ‘‘significant rule’’ under the DOT (a) Within 18 months after the effective Aerospace Model BAe 146 and Avro Regulatory Policies and Procedures (44 date of this AD, modify certain hydraulic 146±RJ Series Airplanes FR 11034, February 26, 1979); and (3) if systems that provide hydraulic pressure for promulgated, will not have a significant the control of the rudder and for the main AGENCY: Federal Aviation economic impact, positive or negative, landing gear brakes by accomplishing the Administration, DOT. requirements of paragraph (a)(1) or (a)(2), as on a substantial number of small entities ACTION: applicable, in accordance with Bombardier Notice of proposed rulemaking under the criteria of the Regulatory (NPRM). Flexibility Act. A copy of the draft Service Bulletin S.B. 8–32–128, Revision ‘C,’ dated March 27, 1998. regulatory evaluation prepared for this (1) For all airplanes on which Bombardier SUMMARY: This document proposes the action is contained in the Rules Docket. Modification 8/1152 has been installed: adoption of a new airworthiness A copy of it may be obtained by Accomplish Part A of the Accomplishment directive (AD) that is applicable to all contacting the Rules Docket at the Instructions of the service bulletin. British Aerospace model BAe 146 and
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Avro 146–RJ series airplanes. This concerned with the substance of this the United States under the provisions proposal would require installation of proposal will be filed in the Rules of § 21.29 of the Federal Aviation modified roller sub-assemblies in both Docket. Regulations (14 CFR 21.29) and the the main landing gear (MLG) door lock Commenters wishing the FAA to applicable bilateral airworthiness and the MLG uplock. This proposal is acknowledge receipt of their comments agreement. Pursuant to this bilateral prompted by issuance of mandatory submitted in response to this notice airworthiness agreement, the CAA has continuing airworthiness information by must submit a self-addressed, stamped kept the FAA informed of the situation a foreign civil airworthiness authority. postcard on which the following described above. The FAA has The actions specified by the proposed statement is made: ‘‘Comments to examined the findings of the CAA, AD are intended to prevent failure of the Docket Number 99–NM–27–AD.’’ The reviewed all available information, and roller sub-assemblies, which could postcard will be date stamped and determined that AD action is necessary result in failure of the MLG to retract returned to the commenter. for products of this type design that are certificated for operation in the United and lock after takeoff, or to deploy Availability of NPRMs properly for landing. States. Any person may obtain a copy of this DATES: Comments must be received by Explanation of Requirements of August 6, 1999. NPRM by submitting a request to the FAA, Transport Airplane Directorate, Proposed Rule ADDRESSES: Submit comments in ANM–114, Attention: Rules Docket No. Since an unsafe condition has been triplicate to the Federal Aviation 99–NM–27–AD, 1601 Lind Avenue, identified that is likely to exist or Administration (FAA), Transport SW., Renton, Washington 98055–4056. develop on other airplanes of the same Airplane Directorate, ANM–114, type design registered in the United Attention: Rules Docket No. 99–NM– Discussion States, the proposed AD would require 27–AD, 1601 Lind Avenue, SW., The Civil Aviation Authority (CAA), accomplishment of the actions specified Renton, Washington 98055–4056. which is the airworthiness authority for in the service bulletin described Comments may be inspected at this the United Kingdom, notified the FAA previously. location between 9:00 a.m. and 3:00 that an unsafe condition may exist on p.m., Monday through Friday, except all British Aerospace Model BAe 146 Cost Impact Federal holidays. and Avro 146–RJ series airplanes. The The FAA estimates that 45 airplanes The service information referenced in CAA advises that a report has been of U.S. registry would be affected by this the proposed rule may be obtained from received indicating that the roller sub- proposed AD, that it would take AI(R) American Support, Inc., 13850 assembly fitted in the main landing gear approximately 12 work hours per Mclearen Road, Herndon, Virginia (MLG) door lock cracked and broke into airplane to accomplish the proposed 20171. This information may be segments. A roller sub-assembly of the modification, and that the average labor examined at the FAA, Transport same type is also fitted in the MLG rate is $60 per work hour. Required Airplane Directorate, 1601 Lind uplock, and cracks have been reported parts would be provided at no cost to Avenue, SW., Renton, Washington. in that location also. Dowty Hydraulics the operators. Based on these figures, FOR FURTHER INFORMATION CONTACT: has established that the cracks were the cost impact of the proposed AD on Norman B. Martenson, Manager, initiated during the manufacturing U.S. operators is estimated to be International Branch, ANM–116, FAA, process. Modified rollers, which use a $32,400, or $720 per airplane. Transport Airplane Directorate, 1601 different manufacturing assembly The cost impact figure discussed Lind Avenue, SW., Renton, Washington process, are now available. Cracked or above is based on assumptions that no 98055–4056; telephone (425) 227–2110; broken roller assemblies, if not operator has yet accomplished any of fax (425) 227–1149. corrected, could result in failure of the the proposed requirements of this AD SUPPLEMENTARY INFORMATION: MLG to retract and lock after takeoff, or action, and that no operator would accomplish those actions in the future if Comments Invited to deploy properly for landing. this AD were not adopted. Interested persons are invited to Explanation of Relevant Service participate in the making of the Information Regulatory Impact proposed rule by submitting such British Aerospace has issued Service The regulations proposed herein written data, views, or arguments as Bulletin SB.32–150–70656A, dated would not have substantial direct effects they may desire. Communications shall December 1, 1998, which describes on the States, on the relationship identify the Rules Docket number and procedures for installation of modified between the national government and be submitted in triplicate to the address roller sub-assemblies in both the MLG the States, or on the distribution of specified above. All communications door lock and the MLG uplock. power and responsibilities among the received on or before the closing date Accomplishment of the actions various levels of government. Therefore, for comments, specified above, will be specified in the service bulletin are in accordance with Executive Order considered before taking action on the intended to adequately address the 12612, it is determined that this proposed rule. The proposals contained identified unsafe condition. The CAA proposal would not have sufficient in this notice may be changed in light classified this service bulletin as federalism implications to warrant the of the comments received. mandatory and issued British preparation of a Federalism Assessment. Comments are specifically invited on airworthiness directive 005–12–98, in For the reasons discussed above, I the overall regulatory, economic, order to assure the continued certify that this proposed regulation (1) environmental, and energy aspects of airworthiness of these airplanes in the is not a ‘‘significant regulatory action’’ the proposed rule. All comments United Kingdom. under Executive Order 12866; (2) is not submitted will be available, both before a ‘‘significant rule’’ under the DOT and after the closing date for comments, FAA’s Conclusions Regulatory Policies and Procedures (44 in the Rules Docket for examination by These airplane models are FR 11034, February 26, 1979); and (3) if interested persons. A report manufactured in the United Kingdom promulgated, will not have a significant summarizing each FAA-public contact and are type certificated for operation in economic impact, positive or negative,
VerDate 18-JUN-99 10:16 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\A07JY2.081 pfrm03 PsN: 07JYP1 36628 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Proposed Rules on a substantial number of small entities Modification DEPARTMENT OF TRANSPORTATION under the criteria of the Regulatory (a) Install a modified roller sub-assembly in Flexibility Act. A copy of the draft the MLG door lock unit and the MLG uplock Federal Aviation Administration regulatory evaluation prepared for this unit, in accordance with British Aerospace 14 CFR Part 39 action is contained in the Rules Docket. Service Bulletin SB.32–150–70656A, dated A copy of it may be obtained by December 1, 1998, at the applicable time contacting the Rules Docket at the specified in paragraph (a)(1), (a)(2), (a)(3), or [Docket No. 98±NM±332±AD] location provided under the caption (a)(4) of this AD. ADDRESSES. (1) For airplanes that have accumulated RIN 2120±AA64 30,000 total flight cycles or more as of the List of Subjects in 14 CFR Part 39 effective date of this AD: Within six months Airworthiness Directives; Israel Air transportation, Aircraft, Aviation after the effective date of this AD. Aircraft Industries, Ltd. (IAI), Model safety, Safety. (2) For airplanes that have accumulated 1124 and 1124A Series Airplanes 26,000 or more, but fewer than 30,000 total The Proposed Amendment flight cycles as of the effective date of this AGENCY: Federal Aviation AD: Within 12 months after the effective date Administration, DOT. Accordingly, pursuant to the of this AD. ACTION: Notice of proposed rulemaking authority delegated to me by the (3) For airplanes that have accumulated (NPRM). Administrator, the Federal Aviation 22,000 or more, but fewer than 26,000 total Administration proposes to amend part flight cycles as of the effective date of this SUMMARY: This document proposes the 39 of the Federal Aviation Regulations AD: Within 18 months after the effective date adoption of a new airworthiness (14 CFR part 39) as follows: of this AD. directive (AD) that is applicable to all (4) For airplanes that have accumulated PART 39ÐAIRWORTHINESS IAI Model 1124 and 1124A series fewer than 22,000 total flight cycles as of the DIRECTIVES airplanes. This proposal would require effective date of this AD: Within 18 months installation of an independent circuit after the accumulation of 22,000 total flight 1. The authority citation for part 39 breaker and associated wiring changes cycles. continues to read as follows: for the hydraulic low pressure warning (b) As of the effective date of this AD, no lights. This proposal is prompted by Authority: 49 U.S.C. 106(g), 40113, 44701. person shall install on any airplane a MLG issuance of mandatory continuing door lock assembly, part number 200898001 § 39.13 [Amended] airworthiness information by a foreign or 200898002, or a MLG uplock assembly, civil airworthiness authority. The 2. Section 39.13 is amended by part number 200885001 or 200885002. actions specified by the proposed AD adding the following new airworthiness Alternative Methods of Compliance are intended to prevent loss of the directive: hydraulic low pressure warning lights. (c) An alternative method of compliance or Low pressure in the hydraulic system British Aerospace Regional Aircraft adjustment of the compliance time that can result in reduced controllability of (Formerly British Aerospace Regional provides an acceptable level of safety may be Aircraft Limited, Avro International the airplane. used if approved by the Manager, Aerospace Division; British Aerospace, DATES: Comments must be received by PLC; British Aerospace Commercial International Branch, ANM–116, FAA, Aircraft Limited): Docket 99–NM–27– Transport Airplane Directorate. Operators August 6, 1999. AD. shall submit their requests through an ADDRESSES: Submit comments in Applicability: All Model BAe 146 and Avro appropriate FAA Principal Maintenance triplicate to the Federal Aviation 146–RJ series airplanes, certificated in any Inspector, who may add comments and then Administration (FAA), Transport category. send it to the Manager, International Branch, Airplane Directorate, ANM–114, Note 1: This AD applies to each airplane ANM–116. Attention: Rules Docket No. 98–NM– identified in the preceding applicability Note 2: Information concerning the 332–AD, 1601 Lind Avenue, SW., provision, regardless of whether it has been existence of approved alternative methods of Renton, Washington 98055–4056. modified, altered, or repaired in the area compliance with this AD, if any, may be Comments may be inspected at this subject to the requirements of this AD. For obtained from the International Branch, location between 9:00 a.m. and 3:00 airplanes that have been modified, altered, or ANM–116. repaired so that the performance of the p.m., Monday through Friday, except requirements of this AD is affected, the Special Flight Permits Federal holidays. owner/operator must request approval for an (d) Special flight permits may be issued in The service information referenced in alternative method of compliance in accordance with §§ 21.197 and 21.199 of the the proposed rule may be obtained from accordance with paragraph (c) of this AD. Federal Aviation Regulations (14 CFR 21.197 Galaxy Aerospace Corporation, One The request should include an assessment of and 21.199) to operate the airplane to a Galaxy Way, Fort Worth Alliance the effect of the modification, alteration, or Airport, Fort Worth, Texas 76177. This repair on the unsafe condition addressed by location where the requirements of this AD can be accomplished. information may be examined at the this AD; and, if the unsafe condition has not FAA, Transport Airplane Directorate, Note 3: The subject of this AD is addressed been eliminated, the request should include 1601 Lind Avenue, SW., Renton, specific proposed actions to address it. in British airworthiness directive 005–12–98. Washington. Compliance: Required as indicated, unless Issued in Renton, Washington, on June 30, accomplished previously. 1999. FOR FURTHER INFORMATION CONTACT: Norman B. Martenson, Manager, To prevent failure of the roller sub- D.L. Riggin, International Branch, ANM–116, FAA, assemblies in both the main landing Acting Manager, Transport Airplane gear (MLG) door lock and the MLG Transport Airplane Directorate, 1601 Directorate, Aircraft Certification Service. Lind Avenue, SW., Renton, Washington uplock, which could result in failure of [FR Doc. 99–17178 Filed 7–6–99; 8:45 am] the MLG to retract and lock after takeoff, 98055–4056; telephone (425) 227–2110; or to deploy properly for landing, BILLING CODE 4910±13±P fax (425) 227–1149. accomplish the following: SUPPLEMENTARY INFORMATION:
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Comments Invited pressure in the hydraulic system can operator has yet accomplished any of Interested persons are invited to result in reduced controllability of the the proposed requirements of this AD participate in the making of the airplane. action, and that no operator would accomplish those actions in the future if proposed rule by submitting such Explanation of Relevant Service this AD were not adopted. written data, views, or arguments as Information they may desire. Communications shall Israel Aircraft Industries, Ltd. (IAI), Regulatory Impact identify the Rules Docket number and has issued 1124-Westwind Alert Service The regulations proposed herein be submitted in triplicate to the address Bulletin 1124–29A–140, dated August would not have substantial direct effects specified above. All communications 15, 1998, which describes procedures on the States, on the relationship received on or before the closing date for installation of a three-ampere circuit between the national government and for comments, specified above, will be breaker on the overhead circuit breaker the States, or on the distribution of considered before taking action on the panel and associated wiring changes. power and responsibilities among the proposed rule. The proposals contained Accomplishment of the actions various levels of government. Therefore, in this notice may be changed in light specified in the alert service bulletin is in accordance with Executive Order of the comments received. intended to adequately address the 12612, it is determined that this Comments are specifically invited on identified unsafe condition. The CAAI proposal would not have sufficient the overall regulatory, economic, classified this alert service bulletin as federalism implications to warrant the environmental, and energy aspects of mandatory and issued Israeli preparation of a Federalism Assessment. the proposed rule. All comments airworthiness directive 29–98–09–01, For the reasons discussed above, I submitted will be available, both before dated September 23, 1998, in order to certify that this proposed regulation (1) and after the closing date for comments, assure the continued airworthiness of is not a ‘‘significant regulatory action’’ in the Rules Docket for examination by these airplanes in Israel. under Executive Order 12866; (2) is not interested persons. A report a ‘‘significant rule’’ under the DOT FAA’s Conclusions summarizing each FAA-public contact Regulatory Policies and Procedures (44 concerned with the substance of this These airplane models are FR 11034, February 26, 1979); and (3) if proposal will be filed in the Rules manufactured in Israel and are type promulgated, will not have a significant Docket. certificated for operation in the United economic impact, positive or negative, Commenters wishing the FAA to States under the provisions of section on a substantial number of small entities acknowledge receipt of their comments 21.29 of the Federal Aviation under the criteria of the Regulatory submitted in response to this notice Regulations (14 CFR 21.29) and the Flexibility Act. A copy of the draft must submit a self-addressed, stamped applicable bilateral airworthiness regulatory evaluation prepared for this postcard on which the following agreement. Pursuant to this bilateral action is contained in the Rules Docket. statement is made: ‘‘Comments to airworthiness agreement, the CAAI has A copy of it may be obtained by Docket Number 98–NM–332–AD.’’ The kept the FAA informed of the situation contacting the Rules Docket at the postcard will be date stamped and described above. The FAA has location provided under the caption returned to the commenter. examined the findings of the CAAI, ADDRESSES. Availability of NPRMs reviewed all available information, and determined that AD action is necessary List of Subjects in 14 CFR Part 39 Any person may obtain a copy of this for products of this type design that are Air transportation, Aircraft, Aviation NPRM by submitting a request to the certificated for operation in the United safety, Safety. FAA, Transport Airplane Directorate, States. ANM–114, Attention: Rules Docket No. The Proposed Amendment 98–NM–332–AD, 1601 Lind Avenue, Explanation of Requirements of Accordingly, pursuant to the SW., Renton, Washington 98055–4056. Proposed Rule authority delegated to me by the Discussion Since an unsafe condition has been Administrator, the Federal Aviation identified that is likely to exist or Administration proposes to amend part The Civil Aviation Administration of develop on other airplanes of the same 39 of the Federal Aviation Regulations Israel (CAAI), which is the type design registered in the United (14 CFR part 39) as follows: airworthiness authority for Israel, States, the proposed AD would require notified the FAA that an unsafe accomplishment of the actions specified PART 39ÐAIRWORTHINESS condition may exist on all IAI Model in the service bulletin described DIRECTIVES 1124 and 1124A series airplanes. The previously. CAAI advises that it is possible to lose 1. The authority citation for part 39 the hydraulic low pressure warning Cost Impact continues to read as follows: lights on these airplanes if there is a The FAA estimates that 218 airplanes Authority: 49 U.S.C. 106(g), 40113, 44701. malfunction of the nosewheel steering of U.S. registry would be affected by this § 39.13 [Amended] circuit. On all applicable models the proposed AD, that it would take nosewheel steering circuit and the approximately 6 work hours per 2. Section 39.13 is amended by hydraulic low pressure warning airplane to accomplish the proposed adding the following new airworthiness electrical circuit are connected to the modification, and that the average labor directive: same circuit breaker. Thus, if there is a rate is $60 per work hour. Required Israel Aircraft Industries, Ltd.: Docket 98– failure of the steering circuit that causes parts would cost approximately $142 NM–332–AD. the circuit breaker to trip, the low per airplane. Based on these figures, the Applicability: All Model 1124 and 1124A pressure hydraulic warning light will cost impact of the proposed AD on U.S. series airplanes, certificated in any category. not function. Such a failure within the operators is estimated to be $109,436, or Note 1: This AD applies to each airplane nosewheel steering circuit, if not $502 per airplane. identified in the preceding applicability corrected, could result in unknown low The cost impact figure discussed provision, regardless of whether it has been pressure in the hydraulic system. Low above is based on assumptions that no modified, altered, or repaired in the area
VerDate 18-JUN-99 10:16 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\A07JY2.079 pfrm03 PsN: 07JYP1 36630 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Proposed Rules subject to the requirements of this AD. For DEPARTMENT OF TRANSPORTATION submitted in triplicate to the address airplanes that have been modified, altered, or listed above. Commenters wishing the repaired so that the performance of the Federal Aviation Administration FAA to acknowledge receipt of their requirements of this AD is affected, the comments on this action must submit owner/operator must request approval for an 14 CFR Part 71 with these comments a self-addressed, alternative method of compliance in [Airspace Docket No. 99±AGL±39] stamped postcard on which the accordance with paragraph (b) of this AD. following statement is made: The request should include an assessment of Proposed Modification of Class D ‘‘Comments to Airspace Docket No. 99– the effect of the modification, alteration, or Airspace; Belleville, IL AGL–39.’’ The postcard will be date/ repair on the unsafe condition addressed by time stamped and returned to the this AD; and, if the unsafe condition has not AGENCY: Federal Aviation commenter. All communications been eliminated, the request should include Administration (FAA), DOT. received on or before the specified specific proposed actions to address it. ACTION: Notice of proposed rulemaking. closing date for comments will be Compliance: Required as indicated, unless considered before taking action on the SUMMARY: This action to modify Class D accomplished previously. proposed rule. The proposal contained airspace at Belleville, IL. This action To prevent loss of the hydraulic low in this action may be changed in light pressure warning lights which could result in would amend the effective hours of the of comments received. All comments unknown low pressure in the hydraulic Class D surface area to coincide with the submitted will be available for system and consequent reduced airport traffic control tower (ATCT) examination in the Rules Docket, FAA, controllability of the airplane accomplish the hours of operation for Scott AFB/ Great Lakes Region, Office of the following: MidAmerica Airport. The purpose of Assistant Chief Counsel, 2300 East (a) Within 400 hours time-in-service or 1 this action is to clarify when two-way Devon Avenue, Des Plaines, Illinois, year after the effective date of this AD, radio communication with the ATCT is both before and after the closing date for whichever occurs first: Install an required. comments. A report summarizing each independent circuit breaker and associated DATES: Comments must be received on substantive public contact with FAA wiring changes for the hydraulic low or before August 23, 1999. personnel concerned with this pressure warning lights, in accordance with ADDRESSES: Send comments on the rulemaking will be filed in the docket. IAI 1124-Westwind Alert Service Bulletin proposal in triplicate to: Federal Availability of NPRM’s 1124–29A–140, dated August 15, 1998. Aviation Administration, Office of the Any person may obtain a copy of this Alternative Methods of Compliance Assistant Chief Counsel, AGL–7, Rules Docket No. 99–AGL–39, 2300 East Notice of Proposed Rulemaking (NPRM) (b) An alternative method of compliance or Devon Avenue, Des Plaines, Illinois by submitting a request to the Federal adjustment of the compliance time that 60018. Aviation Administration, Office of provides an acceptable level of safety may be Public Affairs, Attention: Public Inquiry The official docket may be examined used if approved by the Manager, Center, APA–230, 800 Independence in the Office of the Assistant Chief International Branch, ANM–116, FAA, Avenue, S.W., Washington, DC 20591, Counsel, Federal Aviation Transport Airplane Directorate. Operators or by calling (202) 267–3484. Administration, 2300 East Devon shall submit their requests through an Communications must identify the Avenue, Des Plaines, Illinois. An appropriate FAA Principal Maintenance docket number of this NPRM. Persons informal docket may also be examined Inspector, who may add comments and then interested in being placed on a mailing during normal business hours at the Air send it to the Manager, International Branch, list for future NPRM’s should also Traffic Division, Airspace Branch, ANM–116. request a copy of Advisory Circular No. Federal Aviation Administration, 2300 Note 2: Information concerning the 11–2A, which describes the application East Devon Avenue, Des Plaines, existence of approved alternative methods of procedure. compliance with this AD, if any, may be Illinois. obtained from the International Branch, FOR FURTHER INFORMATION CONTACT: The Proposal ANM–116. Michelle M. Behm, Air Traffic Division, The FAA is considering an Airspace Branch, AGL–520, Federal Special Flight Permits amendment to 14 CFR part 71 to modify Aviation Administration, 2300 East Class D airspace at Belleville, IL, by (c) Special flight permits may be issued in Devon Avenue, Des Plaines, Illinois amending the effective hours to accordance with §§ 21.197 and 21.199 of the 60018, telephone (847) 294–7568. coincide with the ATCT hours of Federal Aviation Regulations (14 CFR 21.197 SUPPLEMENTARY INFORMATION: operation for Scott AFB/MidAmerica and 21.199) to operate the airplane to a Airport. Controlled airspace extending Comments Invited location where the requirements of this AD upward from the surface is needed to can be accomplished. Interested parties are invited to contain aircraft executing instrument Note 3: The subject of this AD is addressed participate in this proposed rulemaking approach procedures. The area would in Israeli airworthiness directive 29–98–09– by submitting such written data, views, be depicted on appropriate aeronautical 01, dated September 23, 1998. or arguments as they may desire. charts. Class D airspace designations are Issued in Renton, Washington, on June 30, Comments that provide the factual basis published in paragraph 5000 of FAA 1999. supporting the views and suggestions Order 7400.9F dated September 10, D.L. Riggin, presented are particularly helpful in 1998, and effective September 16, 1998, Acting Manager, Transport Airplane developing reasoned regulatory which is incorporated by reference in 14 Directorate, Aircraft Certification Service. decisions on the proposal. Comments CFR 71.1. The Class D designations [FR Doc. 99–17179 Filed 7–6–99; 8:45 am] are specifically invited on the overall listed in this document would be regulatory, aeronautical, economic, published subsequently in the Order. BILLING CODE 4910±13±P environmental, and energy-related The FAA has determined that this aspects of the proposal. proposed regulation only involves an Communications should identify the establishment body of technical airspace docket number and be regulations for which frequent and
VerDate 18-JUN-99 10:16 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\A07JY2.080 pfrm03 PsN: 07JYP1 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Proposed Rules 36631 routine amendments are necessary to DEPARTMENT OF TRANSPORTATION supporting the views and suggestions keep them operationally current. presented are particularly helpful in Therefore, this proposed regulation—(1) Federal Aviation Administration developing reasoned regulatory is not a ‘‘significant regulatory action’’ decisions on the proposal. Comments under Executive Order 12866; (2) is not 14 CFR Part 71 are specifically invited on the overall a ‘‘significant rule’’ under DOT [Airspace Docket No. 99±AWP±2] regulatory, aeronautical, economic, Regulatory Policies and Procedures (44 environmental, and energy-related FR 11034; February 26, 1997); and (3) Proposed Modification of Class E aspects of the proposal. does not warrant preparation of a Airspace; Mojave, CA Communications should identify the Regulatory Evaluation as the anticipated airspace docket number and be AGENCY: impact is so minimal. Since this is a Federal Aviation submitted in triplicate to the address routine matter that will only affect air Administration (FAA), DOT. listed above. Commenters wishing the traffic procedures and air navigation, it ACTION: Notice of proposed rulemaking. FAA to acknowledge receipt of their is certified that this proposed rule will comments on this action must submit SUMMARY: This action proposes to not have a significant economic impact with the comments a self-addressed, modify the Class E airspace area at on a substantial number of small entities stamped postcard on which the Mojava, CA. The establishment of a under the criteria of the Regulatory following statement is made: Global Positioning System (GPS) Flexibility Act. ‘‘Comments to Airspace Docket No. 99– Standard Instrument Approach AWP–2.’’ The postcard will be date/ List of Subjects in 14 CFR Part 71 Procedure (SLAP) to Runway (RWY) 4 time stamped and returned to the Airspace, Incorporation by reference, and GPS RWY 22 at Mojave Airport has commenter. All communications Navigation (air). made this proposal necessary. received on or before the specified Additional controlled airspace closing date for comments will be The Proposed Amendment extending upward from 700 feet or more considered before taking action on the Accordingly, pursuant to the above the surface of the earth is needed proposed rule. The proposal contained authority delegated to me, the Federal to contain aircraft executing the GPS in this action may be changed in light Aviation Administration proposes to RWY 4 and GPS RWY 22 SIAP to of comments received. All comments amend 14 CFR part 71 as follows: Mojave Airport. The intended effect of submitted will be available for this proposal is to provide adequate examination in the Airspace Branch, Air PART 71ÐDESIGNATION OF CLASS A, controlled airspace for Instrument Flight Traffic Division, 15000 Aviation B, CLASS C, CLASS D, AND CLASS E Rules (IFR) operations at Mojave Boulevard, Lawndale, California 90261, AIRSPACE AREAS; AIRWAYS; Airport, Mojave, CA. both before and after the closing date for ROUTES; AND REPORTING POINTS DATES: Comments must be received on comments. A report summarizing each 1. The authority citation for part 71 or before August 2, 1999. substantive public contact with FAA continues to read as follows: ADDRESSES: Send comments on the personnel concerned with this rulemaking will be filed in the docket. Authority: 49 U.S.C. 106(g), 40103, 40113, proposal in triplicate to: Federal 40120, E.O. 10854, 24 FR 9565, 3 CFR, 1959– Aviation Administration, Attn: Availability of NPRM 1963 Com., p. 389. Manager, Airspace Branch, AWP–520, Docket No. 99–AWP–2, Air Traffic Any person may obtain a copy of this Notice of Proposed Rulemaking (NPRM) § 71.1 [Amended] Division, 15000 Aviation Boulevard, by submitting a request to the Federal 2. The incorporation by reference in Lawndale, California, 90261. Aviation Administration, Airspace 14 CFR 71.1 of the Federal Aviation The official docket may be examined Branch, 15000 Aviation Boulevard, Administration Order 7400.9F, Airspace in the Office of the Regional Counsel, Lawndale, California 90261. Designations and Reporting Points, Western-Pacific Region, Federal Communications must identify the dated September 10, 1998, and effective Aviation Administration, Room 6007, docket number of this NPRM. Persons September 16, 1998, is amended as 15000 Aviation Boulevard, Lawndale, interested in being placed on a mailing follows: California, 90261. list for future NPRM’s should also An informal docket may also be Paragraph 5000 Class D Airspace request a copy of Advisory Circular No. examined during normal business hours * * * * * 11–2A, which describes the application at the Office of the Manager, Airspace procedures. AGL IL D Belleville, IL [Revised] Branch, Air Traffic Division at the above Scott AFB/MidAmerica Airport, IL address. The Proposal (Lat. 38°32′41′′ N., long. 89°50′01′′ W.) FOR FURTHER INFORMATION CONTACT: The FAA is considering an That airspace extending upward from the Larry Tonish, Air Traffic Airspace amendment to 14 CFR part 71 by surface to and including 3,000 feet MSL within an 4.8-mile radius of the Scott AFB/ Specialist, Airspace Branch, AWP–520, modifying the Class E airspace area at MidAmerica Airport. This Class D airspace Air Traffic Division, Western-Pacific Mojave, CA. The establishment of a GPS area is effective during the specific dates and Region, Federal Aviation RWY 4 and GPS RWY SIAP at Mojave times established in advance by Notice to Administration, 15000 Aviation Airport has made this proposal Airmen. The effective date and time will Boulevard, Lawndale, California, 90261, necessary. Additional controlled thereafter be continuously published in the telephone (310) 725–6539. airspace extending upward from 700 Airport/Facility Directory. SUPPLEMENTARY INFORMATION: feet above the surface is needed to * * * * * contain aircraft executing the GPS Issued in Des Plaines, Illinois, on July 18, Comments Invited approach procedures at Mojave Airport. 1999. Interested parties are invited to The intended effect of this proposal is David B. Johnson, participate in this proposed rulemaking to provide adequate controlled airspace Acting Manager, Air Traffic Division. by submitting such written data, views, for aircraft executing the GPS RWY 4 [FR Doc. 99–17171 Filed 7–6–99; 8:45 am] or arguments as they may desire. and GPS RWY 22 SIAP at Mojave BILLING CODE 4910±13±M Comments that provide the factual basis Airport, Mojave, CA. Class E airspace
VerDate 18-JUN-99 10:16 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00024 Fmt 4702 Sfmt 4700 E:\FR\FM\A07JY2.073 pfrm03 PsN: 07JYP1 36632 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Proposed Rules designations are published in paragraph That airspace extending upward from 700 mine during emergencies such as fires, 6005 of FAA Order 7400.9F dated feet above the surface within a 6.6-mile explosions, or other incidents which September 10, 1998, and effective radius of the Mojave Airport, excluding the contaminate the environment. There are September 16, 1998, which is portion within the Edwards AFB, CA, Class two types of self-rescue devices used in E airspace area. incorporated by reference in 14 CFR underground mines. A filter self-rescue 171.1. The Class E airspace designation * * * * * device (FSR) removes hazardous carbon listed in this document would be Issued in Los Angeles, California, on June monoxide through filtration of the mine 22, 1999. published subsequently in this Order. air. A self-contained self-rescue device The FAA has determined that this John Clancy, (SCSR) is a closed-circuit breathing proposed regulation only involves an Manager, Air Traffic Division, Western-Pacific apparatus that isolates the users’ lungs estahished body of technical regulations Region. providing breathable air. Because an for which frequent and routine [FR Doc. 99–17172 Filed 7–6–99; 8:45 am] SCSR functions in a closed circuit, all amendments are necessary to keep them BILLING CODE 4910±13±M contaminants in the surrounding mine operationally current. Therefore, this air can be eliminated from the air the proposed regulation—(1) is not a miner is breathing. ‘‘significant regulatory action’’ under DEPARTMENT OF LABOR MSHA and the National Institute for Executive Order 12866; (2) is not a Occupational Safety and Health ‘‘significant rule’’ under DOT Mine Safety and Health Administration (NIOSH) held a joint self-rescue conference in Beckley, West Virginia on Regulatory Policies and Procedures (44 30 CFR Parts 57 and 75 FR 11034; February 26, 1997); and (3) June 15 and 16, 1999. The conference does not warrant preparation of a RIN 1219±AB19 provided an opportunity for an Regulatory Evaluation as the anticipated exchange of information between the impact is so minimal. Since this is a Safety Standards for Self-Rescue agencies, self-rescuer manufacturers, routine matter that will only affect air Devices in Underground Coal and mining industry representatives and traffic procedures and air navigation, it Underground Metal and Nonmetal labor representatives on a range of is certified that this proposed rule Mines topics involving self-rescue devices. The participants addressed a number of would not have a significant economic AGENCY: Mine Safety and Health impact on a substantial number of small Administration, Labor. significant self-rescue device issues. The discussion also raised additional entities under the criteria of the ACTION: Advance notice of proposed questions for the Agency to consider. Regulatory Flexibility Act. rulemaking. Following the conference, MSHA List of Subjects in 14 CFR Part 71 SUMMARY: The Mine Safety and Health personnel met to consider the issues Airspace, Incorporation by reference, Administration (MSHA) is considering raised and the views expressed at the Navigation (air). revising its safety standards for self- conference. With this advance notice of proposed The Proposed Amendment rescue devices based on MSHA’s continuing evaluation of self-rescue rulemaking (ANPRM), we are requesting In consideration of the foregoing, the devices and the public comments the mining community to comment on Federal Aviation Administration received during the recent Self-Rescue issues developed at the conference and proposes to amend 14 CFR part 71 as Conference held in Beckley, West other issues raised by MSHA. It is our follows: Virginia. Self-rescue breathing devices, hope that by hearing the views of the used in underground mines for over 25 mining community early in our PART 71ÐDESIGNATION OF CLASS A, rulemaking process we can formulate a CLASS B, CLASS C, CLASS D, AND years, have saved lives. The devices are subjected to harsh in-mine use workable approach to addressing self- CLASS E AIRSPACE AREA; AIRWAYS; rescuer issues that will best protect the ROUTES; AND REPORTING POINTS conditions and are stored in a rugged mining environment. The rule would safety of miners. 1. The authority citation for 14 CFR help assure that the devices will We have already announced in the part 71 continues to read as follows: function as intended whenever they are Semiannual Regulatory Agenda needed in mine emergencies. published in April, 1999 that we intend Authority: 49 U.S.C. 106(g), 40103, 40113, to develop a proposed rule to address 40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959– DATES: Submit comments on or before self-rescue devices. We will consider 1963 Comp., p. 389. August 6, 1999. the comments we receive as a result of ADDRESSES: § 71.1 [Amended] Send comments to MSHA, this ANPRM in developing the proposed 2. The incorporation by reference in Office of Standards, Regulations, and rule. 14 CFR 71.1 of the Federal Aviation Variances, MSHA, Room 631, 4015 II. Issues We Ask You To Consider in Administration Order 7400.9F, Airspace Wilson Boulevard, Arlington, Virginia Your Comments Designations and Reporting Points, 22203. You are encouraged to submit dated September 10, 1998, and effective comments on a computer disk or via e- 1. There have been some instances September 16, 1998, is amended as mail to [email protected] along with where self-rescue devices were not follows: an original hard copy or via telefax to: donned properly in an emergency. In 703–235–5551. addition, there are studies which show Paragraph 6005 Class E Airspace Areas FOR FURTHER INFORMATION CONTACT: that a person’s ability to retain the Extending Upward From 700 Feet or More Carol Jones, Acting Director, Office of Above the Surface of the Earth knowledge and skills necessary to Standards, Regulations, and Variances, properly don a self-rescuer decreases * * * * * 703–235–1910. significantly over time. AWP CAE5 Mojave, CA [Revised] SUPPLEMENTARY INFORMATION: a. How can we enhance training to assure that miners will be able to Mojave Airport, CA I. Background (Lat. 35°03′30′′N, long. 118°09′03′′W) effectively don their self-rescuer? Edward AFB, CA Miners wear breathing apparatus b. Is annual training appropriate? (Lat. 34°54′18′′N, long. 117°53′01′′W) known as self-rescue devices to exit a Would quarterly or semiannual training
VerDate 18-JUN-99 16:53 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\07JYP1.XXX pfrm03 PsN: 07JYP1 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Proposed Rules 36633 be better? Should the training be held in criteria which limits the potential for a a. Should SCSR requirements be conjunction with fire fighting and free market. expanded to other mines such as gassy evacuation drills? a. Should NIOSH/MSHA have as a metal and nonmetal mines categories I c. Is the content of the current training goal to integrate international standards through V (approximately 20 mines and appropriate? Should training include: into the self-rescuer device approval 4,800 miners), the group of metal and expectations when wearing self- process? nonmetal mines that have the highest rescuers; donning procedures for all b. Are there other approaches to risk of fire and explosion from methane? types of self-rescuers present in the inspection of self-rescue devices or to b. If expanded to these mines, should mine; ways to maximize the useful life service life issues that other countries SCSR cache provisions be excluded of a self-rescuer during an emergency; implement and that we should consider where there are refuge chambers in and effective techniques for transferring for our nation’s mines? metal and nonmetal mines? from one unit to another? c. Should we allow the use of self- III. Impact d. Should miners be trained using a rescue devices that are approved by breathing-resistance simulator, for other countries? Executive Order 12866 requires that example, a mouthpiece? 4. There have been questions about regulatory agencies assess both the costs 2. Some of the concerns with self- the interpretation of the existing rule as and benefits of intended regulations, rescue devices were discovered only it relates to storage plans and how the and propose regulations on the basis after the units were deployed in mines. rule is being applied in the various that the benefits justify the costs. The self-rescue devices are subjected to MSHA Districts. Regulatory agencies also are required to harsh in-mine use conditions and stored a. Are there areas of the rule which base decisions on the best reasonably in a rugged environment that could should be clarified? obtainable scientific, technical, contribute to a device not functioning as b. Should the rule explicitly require economic, and other data and intended. the cache of additional self-rescuers in information concerning the need for and a. How can we ensure that miners accordance with a plan that MSHA the consequences of the proposed continue to have confidence in self- approves? regulations. We are exploring the development of rescue devices so that they will be used c. Should MSHA require operators a proposed rule addressing self-rescue successfully in an emergency? applying for a storage plan to submit devices. We anticipate that the benefit b. How should we improve the any additional information, such as the would be the prevention of fatalities reliability of self-rescue devices? travel distance and time to the storage which may occur if these devices are c. What should we do to reasonably cache? not used or not used as intended. ensure that all devices function as 5. Over the years questions have come intended? up concerning the distance from the IV. Public Participation d. Should the current service life miner that self-rescuers are stored in We request comments on the specific requirements be modified? coal mines and the ability of the miners issues addressed in this ANPRM. You e. If the allowable service life is to reach the devices in a timely manner are encouraged to be as specific as reduced, would 5 years be an in the event of an emergency. possible in addressing the issues and in appropriate service life? If not, what a. What should be the appropriate suggesting alternatives. We also request would be an acceptable service life? time necessary to reach the stored units? that you include specific examples and f. Should manufacturers periodically b. Should we reduce the permitted cost estimates where possible to support examine all of their self-rescue devices travel time to caches? your rationale. This will assist us in deployed in mines, including both c. Should we require the use of short- evaluating and analyzing your external and internal components? How term duration SCSRs (anything less than comments. often? Should manufacturers certify that 60 minutes) in lieu of using a FSR to the examinations and tests have been reach a cache? List of Subjects in 30 CFR Part 75 conducted? d. Where escape will take longer than Mine safety and health, Underground g. Should manufacturers develop and 1 hour, should the standard for coal mining. perform nondestructive tests that can be mines be revised to require caches of an Dated: June 29, 1999. used in the field to detect degradation adequate number of self-rescue devices J. Davitt McAteer, of self-rescuers? to allow all miners to escape to the Assistant Secretary for Mine Safety and h. Should mine operators be required surface or a safe location? Health. to conduct more frequent examinations? e. MSHA and NIOSH, in conjunction [FR Doc. 99–17092 Filed 7–6–99; 8:45 am] If so, how frequent? with the MSHA state grants program, BILLING CODE 4510±43±P i. NIOSH and MSHA, in the long-term conducted a series of studies at various field evaluation program, work with underground mines which determined mine operators to periodically obtain the effect of heart rate as an indicator of DEPARTMENT OF TRANSPORTATION and test self-rescue devices that are workload during a mine escape. Should deployed in mines. How should the MSHA take this data into account in Coast Guard sampling and testing methodology in determining the location of these this program be improved? additional escape devices? 33 CFR Part 165 j. How should we involve interested 6. The devices currently required in [CGD01±99±094] parties in the early stages of problem metal and nonmetal mines are FSRs. identification and the subsequent SCSRs can be successfully used in a RIN 2115±AA97 problem resolution? wider variety of mine emergencies than FSRs, and therefore are considered Safety Zone: Staten Island Fireworks, 3. International Standards superior to FSRs. In 1987, MSHA began Lower New York Bay and Raritan Bay Self-rescuer manufacturers sell their to require SCSRs in certain category V- AGENCY: Coast Guard, DOT. products in international markets. Yet, A gassy metal and nonmetal mines ACTION: Notice of proposed rulemaking. each country has its own approval (§ 57.22315).
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SUMMARY: The Coast Guard proposes to aid this rulemaking, the Coast Guard Discussion of Proposed Rule establish two temporary safety zones for will hold a public hearing at a time and The proposed safety zones are for Staten Island fireworks displays located place announced by a later notice in the Staten Island Summer fireworks on Lower New York Bay and Raritan Federal Register. displays held on Lower New York Bay Bay. This action is necessary to provide Background and Purpose and Raritan Bay. These events will be for the safety of life on navigable waters held on August 28, 1999, on Lower New during the events. This action is The fireworks programs are being York Bay and on September 4, 1999, on intended to restrict vessel traffic in a sponsored by the Borough of Staten Raritan Bay. If the events are cancelled portion of Lower New York Bay and in Island. This proposed rule would for inclement weather, then the events one of Raritan Bay. establish two temporary safety zones. will be held on the following day. This DATES: Comments must reach the Coast First, in all waters of Lower New York rule is being proposed to provide for the Guard on or before August 23, 1999. Bay within a 360-yard radius of the safety of life on navigable waters during ADDRESSES: Comments may be mailed to fireworks barge located in approximate the events and to give the marine the Waterways Oversight Branch position 40°35′11′′N, 074°03′42′′W community the opportunity to comment (CGD01–99–094), Coast Guard Activities (NAD 1983), about 350 yards east of on these events. New York, 212 Coast Guard Drive, South Beach, Staten Island. The safety Regulatory Evaluation Staten Island, New York 10305, or zone would be in effect from 8:30 p.m. deliver them to room 205 at the same until 10 p.m. on August 28, 1999. The This proposed rule is not a significant address between 8 a.m. and 3 p.m., rain date for this event would be August regulatory action under section 3(f) of Monday through Friday, except federal 29, 1999, at the same time and place. Executive Order 12866 and does not holidays. Second, in all waters of Raritan Bay in require an assessment of potential costs The Waterways Oversight Branch of the vicinity of the Raritan River Cutoff and benefits under section 6(a)(3) of that Coast Guard Activities New York and Ward Point Bend (West) within a Order. It has not been reviewed by the maintains the public docket for this 240-yard radius of the fireworks barge in Office of Management and Budget under rulemaking. Comments, and documents approximate position 40°30′04′′N, that Order. It is not significant under the as indicated in this preamble, will 074°15′35′′W (NAD 1983), about 240 regulatory policies and procedures of become part of this docket and will be the Department of Transportation (DOT) yards east of Raritan River Cutoff available for inspection or copying at (44 FR 11040; February 26, 1979). The Channel Buoy 2 (LLNR 36595). The room 205, Coast Guard Activities New Coast Guard Expects the economic safety zone would be effective from 8:30 York, between 8 a.m. and 3 p.m., impact of this proposed rule to be so p.m. until 10 p.m. on September 4, Monday through Friday, except federal minimal that a full regulatory 1999. The rain date of this event would holidays. Evaluation under paragraph 10e of the be September 5, 1999, at the same time FOR FURTHER INFORMATION CONTACT: regulatory policies and procedures of and place. The safety zones would Lieutenant J. Lopez, Waterways DOT is unnecessary. This finding is prevent vessels from transiting a portion Oversight Branch, Coast Guard based on the minimal time that vessels of lower New York Bay and Raritan Bay Activities New York (718) 354–4193. will be restricted from and zone and on in the vicinity of the Raritan River SUPPLEMENTARY INFORMATION: the facts that vessels would not be Cutoff, Ward Point Bend (West). The precluded from getting under way, or Request for Comments safety zones are needed to protect mooring at, the marinas and piers in The Coast Guard encourages boaters from the hazards associated with Perth Amboy, New Jersey; that marine interested persons to participate in this fireworks launched from two barges in traffic could still be able to transit rulemaking by submitting written data, the area. Marine traffic would still be through Lower New York Bay during views, or arguments. Persons submitting able to transit through Lower New York the display on August 28, 1999; that comments should include their names Bay during the event off South Beach on marine traffic would safely transit to the and addresses, identify this rulemaking September 4, 1999. Marine traffic would east of the zone on September 4, 1999; (CGD01–99–094) and the specific still be able to transit through the and that advance notifications which section of this document to which each eastern 140 yards of the 230-yard wide will be made to be local maritime comment applies, and give the reason Ward Point Bend (West) during the community by the Local Notice to for each comment. Please submit two event on September 4, 1999. Traffic that Mariners and marine information copies of all comments and attachments could not transit through the closed broadcasts. in an unbound format, no larger than Raritan River Cutoff would transit Small Entities 81⁄2 by 11 inches, suitable for copying through Ward Point Bend (West) by and electronic filing. Persons wanting using South Amboy Reach, Great Beds Under the Regulatory Flexibility Act acknowledgment of receipt of comments Reach, Ward Point Secondary Channel, (5 U.S.C. 601 et seq.), the Coast Guard should enclose stamped, self-addressed and Ward Point Bend (East). must consider whether this proposed postcards or envelopes. Additionally, vessels would not be rule, if adopted, will have a significant The Coast Guard will consider all precluded from mooring at or getting economic impact on a substantial comments received during the comment underway from any marinas or piers at number of small entities. ‘‘Small period. It may change this proposed rule Perth Amboy, New Jersey, during the entities’’ include small businesses, not- in view of the comments. display in the Raritan River Cutoff. for-profit organizations that are The Coast Guard plans no public Public notifications will be made before independently owned and operated and hearing. Persons may request a public the event by the Local Notice to are not dominant in their fields, and hearing by writing to the Waterways Mariners and marine information governmental jurisdictions with Oversight Branch at the address under broadcasts. The Coast Guard is limiting populations of less than 50,000. ADDRESSES. The request should include the comment period for this NPRM to 45 For reasons stated in the Regulatory the reasons why a hearing would be days because the proposed safety zones Evaluation section above, the Coast beneficial. If it determines that the are only for one-and-a-half-hour-long Guard certifies under 5 U.S.C. 605(b) opportunity for oral presentations will local events. that this proposed rule, if adopted, will
VerDate 18-JUN-99 10:16 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\A07JY2.037 pfrm03 PsN: 07JYP1 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Proposed Rules 36635 not have a significant economic impact Proposed Regulation Dated: June 23, 1999. on a substantial number of small R.E. Bennis, For the reasons set out in the entities. If, however, you think that your preamble, the Coast Guard proposes to Captain, U.S. Coast Guard, Captain of the business or organization qualifies as a Port, New York. amend 33 CFR Part 165 as follows: small entity and that this proposed rule [FR Doc. 99–17186 Filed 7–6–99; 8:45 am] will have a significant economic impact PART 165Ð[AMENDED] BILLING CODE 4910±15±M on your business or organization, please submit a comment (see ADDRESSES) 1. The authority citation for Part 165 explaining why you think it qualifies continues to read as follows: ENVIRONMENTAL PROTECTION and in what way and to what degree this Authority: 33 U.S.C. 1231; 50 U.S.C. 191; AGENCY proposed rule will economically affect 33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; 49 it. CFR 1.46. Section 165.100 is also issued 40 CFR Part 52 under authority of Sec. 311, Pub. L. 105–383. Colleciton of Information [DE039±1021; FRL±6372±4] This proposed rule does not provide 2. Add temporary § 165.T01–094 to read as follows: Approval and Promulgation of Air for a collection of information under the Quality Implementation Plans; Paperwork Reduction Act of 1995 (44 § 165.T01±094 Safety Zone: Staten Island Delaware Enhanced Motor Vehicle U.S.C. 3501 et seq.) Fireworks, Lower New York Bay and Raritan Inspection and Maintenance (I/M) Federalism Bay. Program (a) Safety Zone A: The Coast Guard has analyzed this AGENCY: Environmental Protection (1) Location. All waters of Lower New proposed rule under the principles and Agency (EPA). York Bay within a 360-yard radius of criteria contained in Executive Order ACTION: Proposed rule. 12612 and has determined that this the fireworks barge in approximate ° ′ ′′ ° ′ ′′ proposed rule does not have sufficient position 40 35 11 N., 074 03 42 W. SUMMARY: EPA is proposing to approve implications for federalism to warrant (NAD 1983), about 350 yards east of a State Implementation Plan (SIP) the preparation of a Federalism South Beach, Staten Island. revision submitted by the State of Assessment. (2) Effective period. This paragraph (a) Delaware. This action proposes is effective from 8:30 p.m. until 10 p.m. approval of revisions to the enhanced Unfunded Mandates on August 28, 1999. If the event is motor vehicle inspection and Title II of the Unfunded Mandates canceled for inclement weather, then maintenance (I/M) SIP submitted by the Reform Act of 1995 (UMRA) [Pub. L. this paragraph is effective from 8:30 Delaware Department of Natural 104–4, 109 Stat. 48] requires Federal p.m. until 10 p.m. on August 29, 1999. Resources and Environmental Control agencies to assess the effects of certain (b) Safety Zone B: (DNREC). Because EPA has determined regulatory actions on State, local, and (1) Location. All waters of Raritan Bay that the conditions of its May 19, 1997 tribal governments, and the private in the vicinity of the Raritan River conditional approval of Delaware’s sector. UMRA requires a written Cutoff and Ward Point Bend (West) enhanced I/M SIP have now been statement of economic and regulatory within a 240-yard radius of the satisfied, this action proposes to remove alternatives for rules that contain fireworks barge in approximate position those conditions and to grant full Federal mandates. A ‘‘Federal mandate’’ 40°30′04′′ N., 074°15′35′′ W. (NAD approval of the enhanced I/M SIP. is a new or additional enforceable duty 1983), about 240 yards east of Raritan DATES: Written comments must be imposed on any State, local, or tribal River Cutoff Channel Buoy 2 (LLNR received on or before August 6, 1999. government, or the private sector. If any 36595). ADDRESSES: Written comments may be Federal mandate causes those entities to (2) Effective period. This paragraph mailed to David Arnold, Chief, Ozone spend, in the aggregate, $100 million or (b) is effective from 8:30 p.m. until 10 and Mobile Sources Branch, Mailcode more in any one year, the UMRA p.m. on September 4, 1999. If the event 3AP21, U.S. Environmental Protection analysis is required. This proposed rule is canceled for inclement weather, then Agency, Region III, 1650 Arch Street, would not impose Federal mandates on this paragraph is effective from 8:30 Philadelphia, Pennsylvania 19103. any State, local, or tribal governments, p.m. until 10 p.m. on September 5, Copies of the documents relevant to this or the private sector. 1999. action are available for public Environment (c) Effective Period. This section is inspection during normal business hours at the Air Protection Division, The Coast Guard has considered the effective from 8:30 p.m. on August 28, U.S. Environmental Protection Agency, environmental impact of this proposed 1999, until 10 p.m. on September 5, Region III, 1650 Arch Street, rule and concluded that under figure 2– 1999. Philadelphia, Pennsylvania 19103; 1, paragraph 34(g), of Commandant (d) Regulations. (1) The general Delaware Department of Natural Instruction M16475.1C, this rule is regulations contained in 33 CFR 165.23 Resources & Environmental Control, 89 categorically excluded from further apply. Kings Highway, P.O. Box 1401, Dover, environmental documentation. A (2) All persons and vessels shall Delaware 19903. written Categorical Exclusion comply with the instructions of the Determination is available in the docket Coast Guard Captain of the Port or the FOR FURTHER INFORMATION CONTACT: Jill for inspection or copying where designated on-scene-patrol personnel. Webster, (215) 814–2033, or by e-mail at indicated under ADDRESSES. These personnel comprise [email protected]. commissioned, warrant, and petty SUPPLEMENTARY INFORMATION: The List of Subjects in 33 CFR Part 165 officers of the Coast Guard. Upon being information in this section is organized Harbors, Marine safety, Navigation hailed by a U.S. Coast Guard vessel by as follows: (water), Reporting and recordkeeping siren, radio, flashing light, or other A. What is today’s action? requirements, Security measures, means, the operator of a vessel shall B. Why is EPA taking this action? Waterways. proceed as directed. C. Why did Delaware make these changes?
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D. What are the new changes to Delaware’s C. Why did Delaware Make These screening’’. These revisions were I/M program? Changes? submitted to EPA on May 24, 1999. E. How did EPA review Delaware’s Delaware revised its I/M SIP to submittal? E. How did EPA Review Delaware’s improve air quality and to meet Submittal? F. How did Delaware satisfy the requirements of the 1990 Clean Air Act deficiencies identified in the conditional Amendments (the Act) for an enhanced First, EPA reviewed the June 16, 1998 approval? I/M program. The Act requires states to SIP revision submittal to verify that G. What are the specifics of the new I/M make changes to improve existing I/M Delaware’s enhanced I/M program program changes? programs or to implement new ones for satisfied the conditions imposed in the H. What is the process for EPA approval of certain nonattainment areas. Both Kent May 19, 1997 conditional approval. this action? and New Castle counties, are part of the Second, EPA reviewed the new program I. Where can I get additional background Philadelphia-Wilmington-Trenton changes submitted on May 24, 1999 to information on this action? severe ozone nonattainment area. The verify that Delaware’s enhanced I/M J. How this document complies with the Federal Administrative Requirements for DNREC submitted a revised SIP to EPA program still conformed to requirements Proposed Rulemaking. on February 17, 1995 that included of the Act and the I/M rule. enhancements to their I/M program. The F. How did Delaware Satisfy the A. What is Today’s Action? intent of the revisions was to meet the Deficiencies Identified in the requirements of the Act and the I/M Conditional Approval? On May 19, 1997, EPA conditionally rule. The submittal consisted of approved Delaware’s enhanced Regulation Numbers 26 and 33 of the As previously explained, EPA had Inspection and Maintenance (I/M) Delaware Regulations Governing the identified various deficiencies of program. On June 16, 1998, Delaware Control of Air Pollution. Delaware’s I/M program. Most of these submitted a SIP revision to satisfy the EPA identified numerous deficiencies deficiencies related to insufficient conditions established in the May 19, of the February 17, 1995 submittal. On administrative requirements and lack of 1997 conditional approval. Because EPA May 19, 1997, EPA granted Delaware a supporting documentation. On June 16, has determined that Delaware has conditional approval of the program, 1998 and on May 24, 1999, DNREC satisfied all of the conditions of its May contingent upon Delaware’s submitted revisions to its conditionally 19, 1997 conditional approval, EPA is commitment to submit a revised approved enhanced I/M program. EPA proposing to approve the June 16, 1998 enhanced I/M SIP by June 18, 1998 used the ‘‘Inspection and Maintenance SIP revision submittal together with correcting the deficiencies identified in Program SIP Requirements Checklist’’ as additional I/M SIP revisions submitted EPA’s conditional approval. On June 16, a guideline for performing a detailed 1998, Delaware submitted Regulation by DNREC on May 24, 1999. review of both the June 16, 1998 and 31-Low Enhanced Inspection and May 24, 1999 submittals. The checklist Maintenance Program, for the purpose B. Why is EPA Taking This Action? is part of the technical support of addressing the program deficiencies. document (TSD) for this rulemaking. EPA is proposing approval because Regulation 31 replaced Regulation 26 The details of the checklist review are Delaware has submitted an enhanced I/ for Kent and New Castle counties. not outlined in this notice, but are M SIP that meets the requirements of Regulation 33 was rescinded and also available in the TSD. The TSD is the I/M rule as found in 40 CFR 51.350 replaced by Regulation 31. available, upon request, from the EPA through 51.373 (the I/M rule). EPA D. What are the New Changes to Regional Office listed in the ADDRESSES believes that Delaware’s I/M SIP Delaware’s I/M Program? section of this document. This submittal satisfies the deficiencies Delaware has also made new changes document will briefly describe the imposed in the May 19, 1997 conditions satisfied by Delaware. conditional approval rule. Furthermore, to its enhanced I/M program. Delaware EPA has determined that recent changes has adopted regulations that incorporate Table 1. briefly describes how made by Delaware to its enhanced I/M Low Emitter Profile (LEP) modeling, Delaware satisfied the I/M requirement. expanded model year exemptions, and a The table also identifies the location in program also meet the requirements of two-speed idle test. The LEP modeling the Delaware submittal that contains the the I/M Rule. is commonly referred to as ‘‘clean required information.
TABLE 1.
Deficiency Corrective action taken by Delaware Location in SIP submittal
Required provisions covering all requirements Delaware Regulation 31 includes ZIP codes Delaware Regulation 31, section 1 and Ap- of Applicability, 40 CFR 51.350, including ZIP for all covered areas and letter from Sec- pendix 1(d). codes for all covered areas and statement by retary of the Delaware Department of Nat- authorized Delaware official that the program ural Resources & Environmental Control, requirement will not sunset. Christophe A.G. Tulou, stating that the pro- gram will stay in place throughout attain- ment and maintenance period for ozone. Did not submit modeling that demonstrated Submittal included modeling that dem- Delaware Regulation 31, section 2; Plan for meeting the performance standard by failing onstrated meeting the performance stand- Implementation, section 2 and Appendix to include provisions for an on-road testing ard with the new program changes, and in- 2(b). program; Enhanced I/M Performance Stand- cluded an on-road testing program. ard 40 CFR 51.351. Insufficient network type description and a long Delaware Regulation 31 includes network Delaware Regulation 31, section 3 and Ap- term program evaluation; Network Type and type description and the Plan for Implemen- pendix 3(a)(7); Plan for Implementation, Program Evaluation 40 CFR 51.353. tation includes program evaluation descrip- section 3. tion.
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TABLE 1.ÐContinued
Deficiency Corrective action taken by Delaware Location in SIP submittal
Did not submit a resource Budget Plan and The Plan for Implementation includes re- Plan for Implementation, section 4, Appendix other requirements of Adequate Tools and source budget plan necessary for program 4(a), and Appendix 4(b). Resources 40 CFR 51.354. operation. Insufficient description of test frequency other Delaware Regulation 31 describes the test Delaware Regulation 31, section 4 and Plan requirements of Test Frequency and Conven- frequency in detail, as well as how testing for Implementation, section 5. ience 40 CFR 51.355. and short wait times are insured. Lack of description of vehicles covered by the Delaware Regulation 31 provides the nec- Delaware Regulation 31, section 5 and Ap- program and other requirements of Vehicle essary description of vehicle coverage and pendix 5(f). Plan for Implementation, sec- Coverage 40 CFR 51.356. the Plan for Implementation provides esti- tion 6. mation of special exemptions. Insufficient detail regarding test procedures and Delaware Regulation 31 includes appropriate Delaware Regulation 31, section 6, Appendix evaporative test standards; Test Procedures test procedures and standards*. 6(a), Appendix 6(a)(5), and Appendix and Standards 40 CFR 51.357. 6(a)(8). Lack of detail regarding test equipment, includ- The Plan for Implementation includes all perti- Plan for Implementation, section 8 and Ap- ing specifications and other requirements of nent equipment specifications and other pendix 8(a). Test Equipment 40 CFR 51.358. necessary equipment information. Did not submit all necessary equipment calibra- The Plan for Implementation includes all nec- Plan for Implementation, section 9, Appendix tion procedures and quality control measures; essary quality control and calibration proce- 9(a)(1), Appendix 9(c), and Appendix 9(c). Quality Control 40 CFR 51.359. dures. Lack of necessary waiver requirement of min- Delaware Regulation 31 includes the nec- Delaware Regulation 31, section 7 and Ap- imum expenditure of at least $450, adjusted essary waiver expenditure requirement of pendix 7(a). Plan for Implementation, sec- annually to reflect changes in the Consumer minimum $450 adjusted annually to reflect tion 10. Price Index (CPI) and other requirements of changes in CPI compared to 1989**. Waivers & Compliance via Diagnostic Inspec- tion 40 CFR 51.360. Insufficient detail regarding Delaware's registra- Delaware Regulation 31 provides sufficient Delaware Regulation 31, section 8 and Ap- tion denial process and how it's linked with detail regarding Delaware's registration de- pendix 8 (a). Plan for Implementation, sec- the inspection process; Motorist Compliance nial system and motorist compliance. tion 11, Appendix 11(b), Appendix 11(c)(1). Enforcement 40 CFR 51.360. Lack of detailed description of Delaware's qual- The Plan for Implementation details all of Plan for Implementation, section 9, Appendix ity assurance program including details of au- Delaware quality assurance procedures and 9 (a)(1), Appendix 9(b), and Appendix 9(c). diting procedures, inspector training, and all necessary quality assurance require- fraud prevention as well as other require- ments. ments of Quality Assurance 40 CFR 51.363. Lack of detail regarding enforcement against Delaware Regulation 31 provides sufficient Delaware Regulation 31, section 9 and Ap- stations, contractors, and inspectors; En- detail of enforcement and disciplinary ac- pendix 9(a). forcement Against Contractors, Stations, and tions to be taken with regard to stations, Inspectors 40 CFR 51.364. contractors, and inspectors. Submittal did not include data collection proce- The Plan for Implementation details all data Plan for Implementation, section 15. dures or provisions for data collection and collection procedures and data collected. other requirements of Data Collection 40 CFR 51.365. Submittal did not include data analysis and re- The Plan for Implementation details data anal- Plan for Implementation, section 16. porting procedures required in Data Analysis ysis and reporting procedures. and Reporting 40 CFR 51.366. Lack of description of Inspector training and The Plan for Implementation contains an Plan for Implementation, section 17 and Ap- training course; Inspector Training and Li- overview of Inspector training and other re- pendix 17. censing or Certification 40 CFR 51.367. quirements of inspector certification. Submittal did not include measures/provisions The Plan for Implementation describes Dela- Plan for Implementation, section 18 and Ap- that will be implemented to protect the con- ware's process for consumer protection and pendix 18. sumer and provide for public awareness; public education. Public Information and Consumer Awareness 40 CFR 51.368. Submittal did not include a description of the The Plan For Implementation provides Dela- Delaware Regulation 31, section 10. Plan for steps Delaware will take to ensure effective ware's procedures for ensuring repair effec- Implementation, section 19. repairs, as well as other requirements of Im- tiveness. proving Repair Effectiveness 40 CFR 51.369. Submittal did not include methods for ensuring EPA advised Delaware to reserve this section Delaware Regulation 31, section 11 and Plan that vehicles subject to emission related re- in Regulation 31 Delaware will supplement for Implementation, section 20. calls receive necessary repairs prior to com- the reserved section, subsequent to EPA pleting emission test/registration; Compliance issuing guidance with regard to recalls. with Recall Notices 40 CFR 51.368. EPA believes that by reserving compliance with recalls in the SIP, Delaware has satis- fied this condition for the purpose of this rulemaking. Lack of provisions for implementing an on-road Delaware Regulation 31 and the Plan for Im- Delaware Regulation 31, section 12 and Plan testing program and other requirements of plementation sufficiently provides for an on- for Implementation, section 21. On-Road Testing 40 CFR 51.371. road testing program. *The two-speed idle test that Delaware will implement varies slightly from the EPA test procedure. The length of preconditioning is shortened as compared to EPA guidance. EPA has previously approved this test procedure change in other areas. **Delaware will implement a waiver of $450 January 1, 2000. Delaware will not meet the requirement to implement a full waiver amount of $450, plus CPI adjustment until January 1, 2001.
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G. What are the Specifics of the New I/ that are older than 1981 will continue B. Executive Order 12875 M Program Changes? to be tested with the current idle test. Delaware will implement the new test Under E.O. 12875, EPA may not issue LEP Modeling (Clean Screening) procedure on November 1, 1999. a regulation that is not required by As previously stated, Delaware has statute and that creates a mandate upon also promulgated new program changes H. What is the Process for EPA a state, local, or tribal government, to alleviate long motorist wait times. Approval of This Action? unless the Federal government provides Delaware incorporated provisions that EPA’s review of this material the funds necessary to pay the direct allow clean screening when motorists indicates that Delaware has met their compliance costs incurred by those must wait more than 60 minutes for an commitment to address the conditions governments. If EPA complies by inspection. identified in the February 5, 1997 consulting, E.O. 12875 requires EPA to What is LEP modeling (clean conditional approval. EPA is proposing provide to the Office of Management screening) and how does it work? LEP to approve the Delaware SIP revision for and Budget a description of the extent modeling is the exemption of some the Low Enhanced Inspection and of EPA’s prior consultation with vehicles based upon historical Maintenance Program, which was representatives of affected state, local, emissions test performance. The LEP submitted on June 16, 1998. EPA is also and tribal governments, the nature of model flags certain makes, model years, proposing to approve additional their concerns, copies of written and engine families as likely low revisions to the I/M program, submitted communications from the governments, emitting vehicles. During busy hours of on May 24, 1999. EPA is soliciting and a statement supporting the need to operations, the Delaware Division of public comments on its proposed issue the regulation. In addition, E.O. Motor Vehicles (DMV) may exempt approval that Delaware’s June 16, 1998 12875 requires EPA to develop an vehicles that the LEP model predicts to submittal satisfies the conditions effective process permitting elected be low emitting. Clean screening imposed in the May 19, 1997 officials and other representatives of exemptions will only occur when conditional approval and its proposed state, local, and tribal governments ‘‘to motorists must wait more than 60 approval of additional revisions to the I/ provide meaningful and timely input in minutes for an inspection. And the M program, submitted on May 24, 1999. the development of regulatory proposals DMV will only exempt, by LEP These comments will be considered containing significant unfunded modeling, a predetermined number of before taking final action. Interested mandates.’’ Today’s rule does not create vehicles on an annual basis. parties may participate in the Federal a mandate on state, local or tribal Additional information about the rulemaking procedure by submitting governments. The rule does not impose methodology of the LEP model is written comments to the EPA Regional any enforceable duties on these entities. contained in a dKC del la Torre report office listed in the ADDRESSES section of Accordingly, the requirements of titled ‘‘Assessment of Alternative I/M this document. We will address all section 1(a) of E.O. 12875 do not apply Test Scenario,’’ February 6, 1998. A comments in a subsequent final rule. to this rule. copy of that report is in the rulemaking There will be no second comment docket of this proposed rulemaking and period, so those wishing to comment C. Executive Order 13045 is available for public inspection. must do so before the comment period E.O. 13045, entitled ‘‘Protection of Additional information regarding closes. Delaware’s process for LEP modeling Children from Environmental Health (clean screening) and pertinent I. Where can I Get Additional Risks and Safety Risks’’ (62 FR 19885, regulatory requirements, are also found Background Information on This April 23, 1997), applies to any rule that in the TSD. Action? the EPA determines (1) is ‘‘economically significant,’’ as defined under E.O. Delaware plans to implement LEP EPA proposed conditional approval of 12866, and (2) the environmental health modeling provisions starting January 1, Delaware’s Low Enhanced Inspection or safety risk addressed by the rule has 2000. and Maintenance Program in a Federal a disproportionate effect on children. If Register action dated February 5, 1997, Model Year Exemption Expansion and the regulatory action meets both criteria, (62 FR 5361). We conditionally 2-Speed Idle Test the Agency must evaluate the approved the program in a Federal Delaware will expand the model year environmental health or safety effects of Register action, dated May 19, 1997 (62 exemptions to the five newest model the planned rule on children and FR 27195). years. The implementation date of the explain why the planned regulation is exemption expansion is September 1, J. How This Document Complies With preferable to other potentially effective 1999. After this date, the newest five the Federal Administrative and reasonably feasible alternatives model year vehicles will be exempt Requirements for Proposed Rulemaking considered by the Agency. This from the emissions inspection process. proposed rule is not subject to E.O. Delaware will also change the exhaust A. Executive Orders 12866 13045 because it is not an economically test that will be performed on 1981 and The Office of Management and Budget significant regulatory action as defined newer vehicles. The new test type will (OMB) has exempted this regulatory by E.O. 12866, and it does not address be a two-speed idle test. The two-speed action from review under E.O. 12866, an environmental health or safety risk idle test will measure vehicle emissions entitled ‘‘Regulatory Planning and that would have a disproportionate at idle speed and at 2500 rpm. Vehicles Review.’’ effect on children.
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D. Executive Order 13084 action. The Clean Air Act forbids EPA ENVIRONMENTAL PROTECTION Under E.O. 13084, EPA may not issue to base its actions concerning SIPs on AGENCY a regulation that is not required by such grounds. Union Electric Co. v. U.S. 40 CFR Part 62 statute, that significantly affects or EPA, 427 U.S. 246, 255–66 (1976); 42 uniquely affects the communities of U.S.C. 7410(a)(2). [IL188±1b; FRL±6371±6] Indian tribal governments, and that F. Unfunded Mandates imposes substantial direct compliance Approval of Hospital/Medical/ costs on those communities, unless the Under section 202 of the Unfunded Infectious Waste Incinerator State Plan Federal government provides the funds Mandates Reform Act of 1995 for Designated Facilities and necessary to pay the direct compliance (‘‘Unfunded Mandates Act’’), signed Pollutants: Illinois costs incurred by the tribal into law on March 22, 1995, EPA must AGENCY: Environmental Protection governments. If EPA complies by prepare a budgetary impact statement to Agency (EPA). consulting, E.O. 13084 requires EPA to accompany any proposed or final rule ACTION: Proposed rule. provide to the Office of Management that includes a Federal mandate that and Budget, in a separately identified may result in estimated annual costs to SUMMARY: We are proposing to approve section of the preamble to the rule, a State, local, or tribal governments in the Illinois’ State Plan for Hospital/Medical/ description of the extent of EPA’s prior aggregate; or to private sector, of $100 Infectious Waste Incinerators (HMIWI), consultation with representatives of million or more. Under section 205, submitted on May 28, 1999. The State affected tribal governments, a summary Plan adopts and implements our of the nature of their concerns, and a EPA must select the most cost-effective Emissions Guidelines (EG) applicable to statement supporting the need to issue and least burdensome alternative that existing HMIWIs. Our approval means the regulation. In addition, E.O. 13084 achieves the objectives of the rule and that we find the State Plan meets Clean requires EPA to develop an effective is consistent with statutory Air Act (Act) requirements. In the final process permitting elected and other requirements. Section 203 requires EPA rules section of this Federal Register, representatives of Indian tribal to establish a plan for informing and the EPA is approving the State’s request governments ‘‘to provide meaningful advising any small governments that as a direct final rule without prior and timely input in the development of may be significantly or uniquely proposal because EPA views this action regulatory policies on matters that impacted by the rule. as noncontroversial and anticipates no significantly or uniquely affect their EPA has determined that the adverse comments. A detailed rationale communities.’’ Today’s rule does not proposed approval action does not for approving the State’s request is set significantly or uniquely affect the include a Federal mandate that may forth in the direct final rule. The direct communities of Indian tribal result in estimated annual costs of $100 final rule will become effective without governments. This action does not million or more to either State, local, or further notice unless the Agency involve or impose any requirements that tribal governments in the aggregate, or receives relevant adverse written affect Indian Tribes. Accordingly, the to the private sector. This Federal comment on this action. Should the requirements of section 3(b) of E.O. action, proposing to approve Delaware’s Agency receive such comment, it will 13084 do not apply to this rule. I/M SIP, approves pre-existing publish a final rule informing the public E. Regulatory Flexibility Act requirements under State or local law, that the direct final rule will not take The Regulatory Flexibility Act (RFA) and imposes no new requirements. effect and such public comment generally requires an agency to conduct Accordingly, no additional costs to received will be addressed in a a regulatory flexibility analysis of any State, local, or tribal governments, or to subsequent final rule based on this rule subject to notice and comment the private sector, result from this action proposed rule. If no adverse written rulemaking requirements unless the to propose approval of Delaware’s comments are received, the direct final agency certifies that the rule will not enhanced I/M SIP. rule will take effect on the date stated have a significant economic impact on in that document and no further activity List of Subjects in 40 CFR Part 52 a substantial number of small entities. will be taken on this proposed rule. EPA Small entities include small businesses, does not plan to institute a second Environmental protection, Air comment period on this action. Any small not-for-profit enterprises, and pollution control, Carbon monoxide, small governmental jurisdictions. This parties interested in commenting on this Hydrocarbons, Intergovernmental action should do so at this time. proposed rule will not have a significant relations, Nitrogen dioxide, Ozone, impact on a substantial number of small DATES: Written comments on this Reporting and recordkeeping proposed rule must be received on or entities because SIP approvals under requirements. section 110 and subchapter I, part D of before August 6, 1999. the Clean Air Act do not create any new Authority: 42 U.S.C. 7401 et seq. ADDRESSES: Written comments should requirements but simply approve Dated: June 28, 1999. be mailed to: J. Elmer Bortzer, Chief, requirements that the State is already Thomas C. Voltaggio, Regulation Development Section, Air imposing. Therefore, because the Programs Branch (AR–18J), Federal SIP approval does not create Acting Regional Administrator, Region III. Environmental Protection Agency, any new requirements, I certify that this [FR Doc. 99–17210 Filed 7–6–99; 8:45 am] Region 5, 77 West Jackson Boulevard, action will not have a significant BILLING CODE 6560±50±P Chicago, Illinois 60604. economic impact on a substantial Copies of the State submittal are number of small entities. Moreover, due available for inspection at: Regulation to the nature of the Federal-State Development Section, Air Programs relationship under the Clean Air Act, Branch (AR–18J), Environmental preparation of a flexibility analysis Protection Agency, Region 5, 77 West would constitute Federal inquiry into Jackson Boulevard, Chicago, Illinois the economic reasonableness of state 60604.
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FOR FURTHER INFORMATION CONTACT: Resources and Services Division 1996 (61 FR 38423). There were no Mark J. Palermo, Environmental (7502C), Office of Pesticide Programs, comments received in response to the Protection Specialist, Regulation Environmental Protection Agency, 401 proposed rule. Development Section, Air Programs M St., SW., Washington, DC 20460. In This document represents an EPA- Branch (AR–18J), Environmental person, deliver comments to: Rm. 119, initiated proposal to establish tolerance Protection Agency, Region 5, 77 West Crystal Mall 2, 1921 Jefferson Davis exemptions for the above noted Jackson Boulevard, Chicago, Illinois Hwy., Arlington, VA. substances to include the Agency’s 60604, (312) 886–6082. Comments and data may also be determination of safety for the tolerance SUPPLEMENTARY INFORMATION: submitted electronically to: opp- exemptions in view of the FQPA For additional information see the [email protected]. Follow the instructions amendments to section 408 of FFDCA. direct final rule published in the final under Unit V. of this document. No EPA is proposing this regulation on its rules section of this Federal Register. Confidential Business Information (CBI) own initiative pursuant to section should be submitted through e-mail. 408(e)(1)(B) of FFDCA. Dated: June 23, 1999. Information submitted as a comment Jerri-Anne Garl, concerning this document may be I. Risk Assessment and Statutory Acting Regional Administrator, Region 5. claimed confidential by marking any Authority part or all of that information as CBI. [FR Doc. 99–17029 Filed 7–6–99; 8:45 am] New section 408(c)(2)(A)(i) of FFDCA BILLING CODE 6560±50±P Information so marked will not be disclosed except in accordance with allows EPA to establish an exemption procedures set forth in 40 CFR part 2. from the requirement of a tolerance (the legal limit for a pesticide chemical ENVIRONMENTAL PROTECTION A copy of the comment that does not residue in or on a food commodity) only AGENCY contain CBI must be submitted for inclusion in the public record. if EPA determines that the tolerance is 40 CFR Part 180 Information not marked confidential ‘‘safe.’’ Section 408(c)(2)(A)(ii) defines will be included in the public docket by ‘‘safe’’ to mean that ‘‘there is a [OPP±300885; FRL±6088±4] EPA without prior notice. The public reasonable certainty that no harm will result from aggregate exposure to the RIN 2070±AB18 docket is available for public inspection in Rm. 119 at the Virginia address given pesticide chemical residue, including N-Acyl sarcosines and Sodium N-acyl in this unit, from 8:30 a.m. to 4 p.m., all anticipated dietary exposures and all sarcosinates; Tolerance Exemption Monday through Friday, excluding legal other exposures for which there is holidays. reliable information.’’ These include AGENCY: Environmental Protection exposure through drinking water and in FOR FURTHER INFORMATION CONTACT: Agency (EPA). residential settings, but does not include Amelia M. Acierto, Registration occupational exposure. Section ACTION: Proposed rule. Division (7505C), Office of Pesticide 408(b)(2)(B) requires EPA to give special Programs, Environmental Protection SUMMARY: EPA proposes to establish an Agency, 401 M St., SW., Washington, consideration to exposure of infants and exemption from the requirement of a DC 20460. Office location, telephone children to the pesticide chemical tolerance for residues of N-acyl number, and e-mail address: Crystal residue in establishing an exemption sarcosines [N-oleoyl sarcosine (CAS Mall 2, 1921 Jefferson Davis Hwy., and to ‘‘ensure that there is a reasonable Reg. No. 110–25–8); N-stearoyl Arlington, VA, (703) 308–8377, certainty that no harm will result to sarcosine (CAS Reg. No. 142–48–3); N- [email protected]. infants and children from aggregate lauroyl sarcosine (CAS Reg. No. 97–78– SUPPLEMENTARY INFORMATION: Prior to exposure to the pesticide chemical 9); N-myristoyl sarcosine (CAS Reg. No. the enactment of the Food Quality residue.’’ 52558–73–3); N-cocoyl sarcosine Protection Act of 1996 (FQPA), EPA II. Risk Assessment and Statutory mixture (CAS Reg. No. 68411–97–2); proposed that exemptions from the Findings and sodium N-acyl sarcosinates [N- requirement of a tolerance be methyl-N-(1-oxo-9-octodecenyl) glycine established for residues of N-acyl N-acyl sarcosines and sodium N-acyl (CAS Reg. No. 3624–77–9); N-methyl-N- sarcosines [N-oleoyl sarcosine, N- sarcosinates form a large class of (1-oxooctadecyl) glycine (CAS Reg. No. stearoyl sarcosine, N-lauroyl sarcosine, chemical compounds where the acyl 5136–55–0); N-methyl-N-(1-oxododecyl) N-myristoyl sarcosine, N-cocoyl group is derived from fatty acids such glycine (CAS Reg. No. 137–16–6); N- sarcosine mixture] and sodium N-acyl as lauric, oleic and stearic acid and/or methyl-N-(1-oxotetradecyl glycine (CAS sarcosinates [N-methyl-N-(1-oxo-9- derived from the combined fatty acids of Reg. No. 30364–51–3); and N-cocoyl octodecenyl) glycine; N-methyl-N-(1- coconut oil. N-acyl sarcosine and sarcosine sodium salt mixture (CAS Reg. oxooctadecyl) glycine; N-methyl-N-(1- sodium N-acyl sarcosinates are No. 61791–59–1)] when used as inert oxododecyl)glycine; N-methyl-N-(1- metabolized by humans to sarcosine and ingredients (surfactants) in pesticide oxotetracdecyl)glycine; and N-cocoyl the corresponding fatty acids. Sarcosine formulations containing glyphosate. sodium salt mixture], in response to a is ubiquitous in biological materials and EPA is proposing this regulation on its pesticide petition (PP 4E4417) is present in such foods as egg yolks, own initiative. submitted by Hampshire Chemical turkey, ham, vegetables, legumes, etc. DATES: Written comments should be Company, 55 Hayden Avenue, Sarcosine is reported to be formed submitted to EPA on or before Lexington, MA 02173 pursuant to from dietary intake of choline and from September 7, 1999. section 408(e) of the Federal Food, Drug, the metabolism of methionine and is ADDRESSES: By mail, submit written and Cosmetic Act (FFDCA), 21 U.S.C. rapidly degraded to glycine, which, in comments to: Public Information and 346a(e). EPA published the proposed addition to its importance as a Records Integrity Branch, Information rule in the Federal Register of July 24, constituent of protein, plays a
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The concentration of sarcosine in Agency has arrived at this conclusion ingredients (surfactants) in pesticide blood serum of normal human subjects because of the inconsequential increases formulations containing glyphosate at a is reported to be 1.59 + 1.08 micromoles in dietary exposure resulting from its concentration not to exceed 10% weight per liter. use as an inert ingredient in glyphosate of the formulation. Based upon the proposed use as an formulations. EPA concludes that there IV. Comments inert ingredient in glyphosate is a reasonable certainty of no harm formulations, dietary (food) exposure to from the establishment of this tolerance Under FFDCA section 408(e)(2), EPA N-acyl sarcosines and/or sodium N–acyl exemption. must provide for a public comment sarcosinates would not be expected to FFDCA section 408 provides that EPA period before issuing a final tolerance or exceed the theoretical maximum residue shall apply an additional tenfold margin tolerance exemption under section concentration (TMRC) of glyphosate to of safety for infants and children in the 408(e)(1). The public comment period is the U.S. population of 0.03 mg/kg/day. case of threshold effects in calculating a to be for 60 days unless the Dietary exposure to N-acyl sarcosines dose level that accounts for pre-and Administrator for good cause finds that and/or sodium N-acyl sarcosinates at or post-natal toxicity and the completeness it is in the public interest to reduce that below these levels would not result in of the database unless EPA determines comment period. any increases in the normal sarcosine that a different margin of safety will be blood serum concentrations found in safe for infants and children. Margins of V. Public Record and Electronic humans. safety are incorporated into EPA risk Submissions Taking into account the proposed use assessments either directly through the The official record for this in glyphosate formulations, the Agency use of margin of exposure analysis or rulemaking, as well as the public has concluded with reasonable certainty through using uncertainty factors version, has been established for this that residues of N–acyl sacosines and/or (safety) in calculating a dose level that rulemaking under docket control the sodium N-acyl sarcosinates in poses no appreciable risk to humans. number [OPP–300885] (including drinking water would be negligible, and Due to the ubiquitous nature of comments and data submitted that no harm will result from aggregate sarcosine in human tissue and food, electronically as described in this unit). exposure to N-acyl sacosines and/or the EPA has not used a safety factor analysis A public version of this record, sodium N-acyl sarcosinates. in assessing the risk of N-acyl sarcosines including printed, paper versions of III. Cumulative Exposure to Substances and sodium N-acyl sarcosinates. For the electronic comments, which does not with Common Mechanism of Toxicity same reason, application of the include any information claimed as CBI, additional safety factor for infants and is available for inspection from 8:30 Section 408(b)(2)(D)(v) requires that, children would not be appropriate. when considering whether to establish, a.m. to 4 p.m., Monday through Friday, modify, or revoke a tolerance, the B. Other Considerations excluding legal holidays. The official rulemaking record is located at the Agency consider ‘‘available 1. Endocrine disruptors. There are no information’’ concerning the cumulative Virginia address in ADDRESSES at the reports of any estrogenic and other beginning of this document. effects of a particular pesticide’s adverse effects to human population as residues and ‘‘other substances that a result of the use of N-acyl sarcosines Electronic comments can be sent have a common mechanism of toxicity.’’ and/or sodium N-acyl sarcosinates. directly to EPA at: EPA does not have, at this time, 2. Analytical enforcement [email protected] available data to determine whether N- methodology. The Agency is acyl sarcosines and sodium N-acyl establishing an exemption from the Electronic comments must be sarcosinates have a common mechanism requirement of a tolerance without any submitted as an ASCII file avoiding the of toxicity with other substances or how numerical limitation; therefore, the use of special characters and any form to include this pesticide in a cumulative Agency has concluded that an analytical of encryption. Comment and data will risk assessment. Unlike other pesticides method is not required for enforcement also be accepted on disks in for which EPA has followed a purposes for N-acyl sarcosines and Wordperfect 5.1/6.1 or ASCII file cumulative risk approach based on a sodium N-acyl sarcosinates. format. All comments and data in common mechanism of toxicity, N-acyl electronic form must be identified by C. Existing Tolerances sarcosines and sodium N-acyl the docket control number [OPP– sarcosinates do not appear to produce a No existing tolerances or exemptions 300885]. Electronic comments on this toxic metabolite produced by other from the requirement of a tolerance have proposed rule may be filed online at substances. For the purposes of this been issued for N-acyl sarcosines and/ many Federal Depository Libraries. tolerance action, therefore, EPA has not or sodium N-acyl sarcosinates as assumed that N-acyl sarcosines and pesticide chemicals in the United VI. Regulatory Assessment sodium N-acyl sarcosinates have a States. Requirements common mechanism of toxicity with A. Certain Acts and Executive Orders other substances. D. International Residue Limits No CODEX maximum residue levels This action proposes an exemption A. Aggregate Risks and Determination of have been established for N-acyl from the tolerance requirement under Safety sarcosines and/or sodium N-acyl FFDCA section 408(e). The Office of Based upon the ubiquitous presence sarcosinates. Management and Budget (OMB) has of sarcosine in human tissue and the exempted these types of actions from fact that N-acyl sarcosines are readily E. Conclusion review under Executive Order 12866, metabolized to the N-acyl sarcosines Therefore, based on the information entitled Regulatory Planning and and their salts, the Agency believes that and data considered, EPA is proposing Review (58 FR 51735, October 4, 1993).
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In addition, this proposed rule does not governments ‘‘to provide meaningful Dated: June 22, 1999. contain any information collections and timely input in the development of James Jones, subject to OMB approval under the regulatory proposals containing Director, Registration Division, Office of Paperwork Reduction Act (PRA), 44 significant unfunded mandates.’’ Pesticide Programs. U.S.C. 3501 et seq., or impose any Today’s proposed rule does not create Therefore, it is proposed that 40 CFR enforceable duty or contain any an unfunded Federal mandate on State, chapter I be amended as follows: unfunded mandate as described under local, or tribal governments. The Title II of the Unfunded Mandates PART 180Ð[AMENDED] Reform Act of 1995 (UMRA) (Public proposed rule does not impose any Law 104–4). Nor does it require any enforceable duties on these entities. 1. The authority citation for part 180 prior consultation as specified by Accordingly, the requirements of would continue to read as follows: section 1(a) of Executive Order 12875 do Executive Order 12875, entitled Authority: 15 U.S.C. 321(q), 346(a) and not apply to this proposed rule. Enhancing the Intergovernmental 371. Partnership (58 FR 58093, October 28, C. Executive Order 13084 2. By adding new § 180.1207 to read 1993), or special considerations as as follows: required by Executive Order 12898, Under Executive Order 13084, entitled Federal Actions to Address entitled Consultation and Coordination § 180.1207 N-acyl sarconsines and sodium Environmental Justice in Minority with Indian Tribal Governments (63 FR N-acyl sarcosinates; exemption from Populations and Low-Income 27655, May 19, 1998), EPA may not requirement of a tolerance. Populations (59 FR 7629, February 16, issue a regulation that is not required by An exemption from the requirement 1994), or require special OMB review in statute, that significantly or uniquely of a tolerance is established for residues accordance with Executive Order 13045, affects the communities of Indian tribal of the following substances when used entitled Protection of Children from governments, and that imposes as inert ingredients (surfactants) at Environmental Health Risks and Safety substantial direct compliance costs on levels not to exceed 10% in pesticide Risks (62 FR 19885, April 23, 1997). those communities, unless the Federal formulations containing glyphosate: In addition, under the Regulatory government provides the funds Flexibility Act (RFA) (5 U.S.C. 601 et Name CAS Reg. No. necessary to pay the direct compliance seq.), the Agency previously assessed whether establishing tolerances, costs incurred by the tribal N-acyl sarcosines. exemptions from tolerances, raising governments. If the mandate is N-oleoyl sarcosine ...... 110±25±8 unfunded, EPA must provide OMB, in N-stearoyl sarcosine ...... 142±48±3 tolerance levels or expanding N-lauroyl sarcosine ...... 97±78±9) exemptions might adversely impact a separately identified section of the preamble to the rule, a description of N-myristoyl sarcosine ...... 52558±73±3 small entities and concluded, as a N-cocoyl sarcosine mixture 68411±97±2 generic matter, that there is no adverse the extent of EPA’s prior consultation Sodium N-acyl sarcosinates. economic impact. The factual basis for with representatives of affected tribal N-methyl-N-(1-oxo-9- the Agency’s generic certification for governments, a summary of the nature octodecenyl) glycine ...... 3624±77±9 tolerance actions was published on May of their concerns, and a statement N-methyl -N-(1- 4, 1981 (46 FR 24950), and was supporting the need to issue the oxooctadecyl) glycine .... 5136±55±0 provided to the Chief Counsel for regulation. In addition, Executive Order N-methyl-N- (1- Advocacy of the Small Business 13084 requires EPA to develop an oxododecyl) glycine ...... 137±16±6 N-methyl-N-(1- Administration. effective process permitting elected oxotetradecyl glycine ..... 30364±51±3 B. Executive Order 12875 officials and other representatives of N-cocoyl sarcosine sodium Indian tribal governments ‘‘to provide salt mixture ...... 61791±59±1 Under Executive Order 12875, meaningful and timely input in the entitled Enhancing the development of regulatory policies on [FR Doc. 99–16933 Filed 7–6–99; 8:45 am] Intergovernmental Partnership (58 FR matters that significantly or uniquely 58093, October 28, 1993), EPA may not affect their communities.’’ BILLING CODE 6560±50±F issue a regulation that is not required by statute and that creates a mandate upon Today’s proposed rule does not a State, local, or tribal government, significantly or uniquely affect the FEDERAL COMMUNICATIONS unless the Federal government provides communities of Indian tribal COMMISSION the funds necessary to pay the direct governments. This action does not compliance costs incurred by those involve or impose any requirements that 47 CFR Parts 27 and 73 governments. If the mandate is affect Indian tribes. Accordingly, the [WT Docket No. 99±168; FCC 99±97] unfunded, EPA must provide to OMB a requirements of section 3(b) of description of the extent of EPA’s prior Executive Order 13084 do not apply to Service Rules for the 746±764 and 776± consultation with representatives of this proposed rule. 794 MHz Bands and Revisions to the affected State, local, and tribal Commission's Rules Regarding governments, the nature of their List of Subjects in 40 CFR Part 180 Wireless Communications Service concerns, copies of any written communications from the governments, Environmental protection, AGENCY: Federal Communications and a statement supporting the need to Administrative practice and procedure, Commission. issue the regulation. In addition, Agricultural commodities, Pesticides ACTION: Notice of proposed rulemaking. Executive Order 12875 requires EPA to and pests, Reporting and recordkeeping develop an effective process permitting requirements. SUMMARY: This document proposes new elected officials and other service rules for commercial licensing in representatives of State, local, and tribal the 746–764 and 776–794 MHz bands
VerDate 18-JUN-99 17:02 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 E:\FR\FM\07JYP1.XXX pfrm03 PsN: 07JYP1 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Proposed Rules 36643 that have been reallocated from use Introduction; Background international requirements and 6 solely for the Broadcasting service. 1. This Notice of Proposed coordination. 3. The Commission’s allocation and These proposed service rules include Rulemaking (NPRM) proposes new designation decisions retained provisions for application licensing, service rules for commercial licensing in Broadcast services in the Table of technical and operating rules and the 746–764 MHz and 776–794 MHz competitive bidding. This action is Allocations, and so preserved the bands that have been reallocated from potential for service rules that would another step in the Commission’s use solely for the Broadcasting service. program to implement sections of the enable the full range of commercial These proposed service rules include broadcast services to the public. The Balanced Budget Act of 1997 which provisions for application licensing, direct the Commission to complete extent to which the potential flexibility technical and operating rules, and established for these bands by revisions reallocation of this spectrum by competitive bidding. The revised December 31, 1997, and commence to the Table of Allocations will spectrum allocation in the Reallocation ultimately be implemented by the competitive bidding for the commercial 1 Report and Order provided for the service rules will respect the licenses of the reallocated spectrum potential provision of Fixed, Mobile, requirements stated in section 303(y) of after January 1, 2001. This document and Broadcasting services on these the Communications Act, that such contains proposed or modified bands. This NPRM seeks comment on flexibility must not establish harmful information collections subject to the the degree of flexibility that should be interference, or discourage investment Paperwork Reduction Act of 1995 afforded new licensees using this and development of new technologies. (PRA), Public Law 104–13. The general spectrum, and the technical and other In accord with past Commission public and other Federal agencies are service rules that should govern the practice, inclusion of specific services invited to comment on the proposed or range of services enabled. This NPRM in the Table of Allocations does not modified information collections also seeks comment on methods to necessarily entail that service rules will contained in this proceeding. assure continued protection of existing be drafted to accommodate each such full service television stations that will DATES: Comments are due on or before service, or that even flexible service continue to operate on these bands July 19, 1999 and reply comments are rules will enable provision of the full during the transition to digital television range of allocated services. due on or before August 13, 1999. (DTV).2 This NPRM is a further step in Written comments by the public and by 4. The NPRM also states the the Commission’s proceeding to comply Commission’s continued interest in other Government agencies on the with section 337 of the Communications broader aspects of spectrum proposed information collections are Act.3 That section directs the management. While the allocations due September 7, 1999. Commission to complete the involved here were specifically ADDRESSES: Federal Communications reallocation of this spectrum by mandated by the Balanced Budget Act, Commission, Office of the Secretary, December 31, 1997, and authorizes commenters are encouraged to consider 445 12th Street, S.W., Washington, D.C. competitive bidding for commercial how innovative service rules developed 20554. In addition to filing comments licenses on the reallocated spectrum for such a flexible use allocation might with the Secretary, a copy of any after January 1, 2001. The Balanced maximize the uses made of this comments on the information Budget Act also expanded the spectrum. There is clear potential in this collections contained in the NPRM Commission’s competitive bidding context for new technologies to affect should be submitted to Les Smith, authority to comprise mutually the extent to which service rules Federal Communications Commission, exclusive broadcast licenses, and the effectively provide for flexible use. Room 1–A804, 445 12th Street, S.W., Commission recently implemented that Thus, the NPRM seeks comment on how Washington, D.C. 20554, or via the authority in the Competitive Bidding the Commission’s rules might provide 4 Internet to [email protected]. (Broadcast) Order. for such developments. Commenters who consider this issue should address Service Rules FOR FURTHER INFORMATION CONTACT: what impact their suggested approaches Legal Information: Stan Wiggins, 202– A. In General would have on broadcasters also using 418–1310. Technical Information: Ed 1. Permitted Services. the band, both during the transition to Jacobs, 202–418–1310. For additional DTV and to the extent the service rules 2. The NPRM first seeks comment on information concerning the information may provide for new broadcast services. whether our service rules should permit collections contained in the NPRM, 5. Whether the service rules a licensee to use the 746–764 MHz and developed will provide for sharing contact Les Smith at 202–418–0217, or 776–794 MHz spectrum bands for any via the Internet at [email protected]. between broadcast and fixed and mobile use permitted within the United States wireless services, including the prospect SUPPLEMENTARY INFORMATION: This is a Table of Frequency Allocations of audio, video, or data services that synopsis of the NPRM in WT Docket No. contained in part 2 of the Commission’s may not closely resemble existing 99–168, FCC 99–97, adopted May 13, Rules (i.e., Fixed, Mobile, and 5 broadcasting configurations, depends in 1999, and released June 3, 1999. The Broadcasting services), subject to part on the resolution of several issues complete text of the NPRM is available 1 for inspection and copying during See 63 FR 0669, February 10, 1998. 6 Section 303(y)(1) of the Communications Act, 47 normal business hours in the FCC 2 See Memorandum Opinion and Order, 63 FR U.S.C. 303(y)(1), limits the Commission’s authority Reference Information Center, Courtyard 63798, November 17, 1998. to allocate spectrum so as to provide flexibility of 3 section 3004 of the Balanced Budget Act of use to situations in which ‘‘such use is consistent Level, 445 12th Street, S.W., 1997, which added 47 U.S.C. 337(a) and 337(b). with international agreements to which the United Washington, D.C., and also may be 4 See First Report and Order, 63 FR 48615, States is a party.’’ purchased from the Commission’s copy September 11, 1998, recon., 64 FR 24523, May 7, The NPRM uses the term ‘‘sharing’’ to refer to the contractor, International Transcription 1999. use of spectrum bands by a variety of services, 5 Services (ITS, Inc.), (202) 857–3800, The United States Table of Frequency under licensing rules that accord each licensee Allocations is at 47 CFR 2.106. See generally 47 exclusive use of specific spectrum blocks. The CY–B400, 445 12th Street, S.W., CFR part 2, Frequency Allocations and Ratio Treaty NPRM does not consider in this context the sharing Washington, D.C. 20054. Matters; General Rules and Regulations. 00 of specific spectrum blocks.
VerDate 18-JUN-99 16:53 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 E:\FR\FM\07JYP1.XXX pfrm03 PsN: 07JYP1 36644 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Proposed Rules that are not raised by flexible use communications services and systems, may have the undesired effect of allocations of narrower scope. These or technology development, and that (3) deterring investments needed to provide issues include the managing of the allocation would be in the public communications services and develop interference between technically interest. The Commission recognizes new technologies on the newly dissimilar services (at least in the that proposals involving such a range of allocated spectrum. The NPRM solicits familiar configurations of broadcast and services make it especially important comments from interested parties wireless service), and the development that our consideration of proposed concerning what restrictions, if any, and application of regulatory ‘‘flexible use’’ allocations, mandated by should be placed on licensee flexibility mechanisms suited to the range of section 303(y) of the Act, examine the in order to ensure that the needed services on these bands. To the extent elements of that statutory review in light investments are made. Where that commenters suggest that the of the specific factual considerations commenters suggest that the technical service rules enable services raised by the scope of these proposals. Commission restrict how spectrum may that closely resemble existing broadcast 8. In broad terms, the NPRM initially be used by a licensee, the Commission services, we start from the presumption proposes to permit licensees to is particularly interested in detailed that such services would be fully subject determine the services they will provide quantitative analyses of the anticipated to part 73 of our Rules. The Commission within their assigned spectrum and economic trade-offs between flexibility asks that commenters consider whether geographic areas, subject to the service and investment that led to the proposed there are any reasons that particular rules, and to subject these licensees constraints. The NPRM also seeks elements of part 73 should not similarly generally to part 27 of the Commission’s specific comment on ways to ensure be applied to such services when Rules, which governs Wireless that the technical rules for the 746–764 provided on these spectrum blocks. Communications Service.8 Exceptions to MHz and 776–794 MHz bands satisfy Other prospective licensees might offer this approach, if any, would arise from the requirement of section 303(y)(2)(C), services that more closely resemble the modifications the Commission may that flexible use allocations not result in existing fixed and mobile wireless adopt to reflect: (1) the particular harmful interference among users. services provided on other spectrum circumstances of this spectrum; and (2) 10. Finally, the NPRM seeks comment bands. As an initial matter the statutory and other public interest on the extent to which, consistent with Commission would expect such services requirements, gathered in part 73 of our the statute, the spectrum bands involved are more appropriately regulated by the Rules, that govern broadcasting. Thus, here can and should be available for framework of part 27. the NPRM asks whether broadcast private mobile and private fixed radio 6. Another respect in which broadcast services on these bands, to whatever services. Commenters in this proceeding and non-broadcast services operate in extent they are subject to part 73 in who are interested in bidding on these different regulatory contexts are the other respects, can or should be subject bands in order to provide private mobile distinctive approaches to accessibility. to the part 27 licensing framework to or private fixed services, functioning as The NPRM asks whether and how these facilitate the administrative a Band Manager or through some other differing accessibility requirements coordination of these varied uses. mechanism, should address the range of should affect the development of service Commenters are also invited to address issues raised by the Balanced Budget rules for these spectrum bands. whether broadcast services, if provided Notice (64 FR 23571, May 3, 1999) in Additionally, the NPRM seeks comment in the context of spectrum blocks this regard. on the implications of the Commission’s governed generally by part 27, should be service rule proposals, including subject to different rules than now apply 11. The NPRM tentatively finds that technical and regulatory aspects, for the under part 73 to broadcast licensees.9 making the spectrum available for implementation of third generation Broadcast use of this spectrum in any flexible commercial use under part 27 of wireless technology in this spectrum. case would necessarily be subject to the rules is in the public interest 7. The full flexibility of use being broadcast-specific statutory provisions. because it will contribute to considered for these bands may also The NPRM requests comment on the technological and service innovation, require the Commission to develop type of services that could be offered in the creation of new jobs for the auction procedures that recognize and this commercial spectrum, and on our American workforce, the fostering of reconcile the characteristic regulatory proposal generally to subject the national economic growth, and the elements of broadcast and wireless spectrum to part 27 and, when enhancement of opportunities for all licenses, and perhaps consider applicable, to other parts of the rules, Americans to utilize, and realize the distinctive approaches.7 In developing including part 73. The Commission also benefits of, the national service rules for the commercial seeks comment on alternative telecommunications infrastructure. The spectrum involved here, and provisions that may minimize the NPRM seeks comment on this tentative determining the extent to which they economic impact of the proposals, if finding. can or should accommodate both any, on small entities. 12. The Commission seeks to develop familiar broadcast services and 9. The NPRM seeks specific comment service rules that are not based on a innovative services that would be on whether this approach is consistent Commission prediction of how these licensed under parts 73 and 27 of the with the elements of section 303(y)(2) of bands will ultimately be used, but Commission’s Rules, we are required by the Communications Act. For example, instead reflect a record that enables the section 303(y) of the Communications section 303(y)(2)(B) of the Act addresses Commission to establish maximum Act to find that such a flexible the possibility that too broad an practicable flexibility. The Commission approach: (1) would not result in approach to flexibility in spectrum use will determine whether implementing harmful interference among users, (2) the full range of allocated services is would not deter investment in 8 For wireless services, a part 27 licensee could practicable on the basis of the record also be subject to part 22 if providing public mobile developed with regard to both technical 7 The procedures for broadcast auctions are set services, to part 90 if providing private land mobile rules, and to the application of policies services, and to part 101 if providing fixed forth by public notice prior to the individual and rules that are governed by the auction, 47 CFR 73.5001. General procedures for microwave services. For broadcasting services, a wireless auctions are specified in part 1 of the part 27 licensee could be subject to part 73. classification of the service in legal and Commission’s Rules, 47 CFR part 1. 9 See 47 CFR 73.1001 through 73.4280. administrative terms.
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2. Spectrum for Each License of licensees and spectrum blocks community of license, or by some 13. The NPRM requests comment on established could affect the investment combination of these approaches. in and deployment of new services and the appropriate amount of spectrum to B. Licensing Rules be provided for each licensee in the two technologies using these frequencies, 18 megahertz spectrum blocks, and on and the extent to which new services 1. Regulatory Status the viability of licensees competing with offered in this spectrum would compete 19. As noted, the NPRM seeks existing fixed and mobile service with other services. Whatever initial comment on whether to apply the providers. The NPRM further seeks licensing approach is chosen, the existing licensing framework for part 27 comment on whether the spectrum Commission proposes to permit parties services to the 746–764 MHz and 776– should be licensed as one large block, or to bid for multiple licenses. 794 MHz bands. The Communications broken down into two or more 3. Size of Service Areas for Geographic- Act applies requirements to bandwidths, and whether there should Area Licensing broadcasters or common carriers that are be a mixture of spectrum blocks. 16. Part 27 spectrum is licensed based not applied to other licensees. The 14. The NPRM also seeks comment on licensing framework for part 27 permits the minimum spectrum blocks needed on one of two kinds of service areas. Spectrum in the C and D frequency applicants to request common carrier to enable competitive commercial status as well as non-common carrier services. Spectrum blocks of 1 or 2 blocks is licensed using the 12 Regional Economic Area Groupings (REAGs). status for authorization in a single megahertz may be sufficient to provide license, rather than require the for paging and other messaging services, Spectrum in the A and B frequency blocks is licensed using the 52 Major applicant to choose between common and the higher bound of our estimates carrier and non-common services, and of licensees affected is based on the Economic Areas (MEAs). REAGs and MEAs are based on the 172 Economic the Commission proposes that licensees pairs of 1 megahertz blocks as the in these redesignated spectrum bands minimum. Blocks of 6 or 9 megahertz Areas (EAs) defined by the U.S. Department of Commerce, as modified similarly be authorized to provide a may enable mobile voice service, analog variety or combination of fixed and or digital video services, or point-to- by the Commission. The Commission has, however, licensed other wireless mobile, common carrier and non- point microwave service. Existing common carrier, and broadcast services. analog and digital television services occupying spectrum near the newly allocated commercial spectrum The Commission tentatively concludes broadcasters use 6 megahertz spectrum that this approach, as applied to the blocks, and the lower bound of our using other service areas. The NPRM requests comment on the type of service range of fixed and mobile wireless estimate of affected licensees is based services, is likely to achieve efficiencies on the use of 6 megahertz blocks as a area or areas that should be used to license the 746–764 MHz and 776–794 in the licensing and administrative minimum. Commenters should also process. The possible further inclusion consider the relationship between the MHz bands. (The Commission has used the Economic Areas in this summary to of broadcasting service appears more amount of spectrum per license and the problematic in this regard, and the ability to coordinate operations with develop estimates of affected licensees, but has not specifically proposed any NPRM seeks comment on the effect that other licensees in this spectrum, service area approach in the NPRM.) enabling such services would have on including the protection of existing 17. The NPRM also seeks comment on the licensing and administrative broadcast operations in this band during process. In order to fulfill our 10 how the possible use of this spectrum the transition to DTV. for broadcasting might affect our enforcement obligations and ensure 15. The Commission tentatively decision on service areas generally, and compliance with the statutory concludes that this spectrum should be specifically on how the Commission requirements of Titles II and III of the licensed on a paired basis. While could apply the concept of a broadcast Communications Act, the Commission broadcasting would not require paired station’s serving the needs and interests proposes to require applicants to spectrum, it is essential that the of its community of license to a part 27 identify whether they seek to provide spectrum be paired to enable a viable service area, depending on our common carrier services, broadcast commercial mobile service. The geographic area and spectrum block service, or other service as permitted by separation of the 746–764 MHz and choices. The relation between the the final Rules in this proceeding. The 776–794 MHz bands by 30 megahertz of geographic service area and the size of NPRM additionally seeks comment on spectrum is optimal for paired, two-way spectrum blocks is especially germane the need to modify any appropriate operations. The NPRM requests to the sharing of these bands between form(s) for an applicant seeking to comment on whether the amount of Commercial Mobile Radio Service provide broadcast service, either solely spectrum for each license would affect (CMRS) and conventional broadcast or in conjunction with other services the decision to license paired spectrum, services, which operate using under a single license. and specifically whether a decision to significantly different power levels. The 20. Under the existing part 27 license blocks large enough for NPRM seeks comment on how such framework, the Commission does not conventional broadcast service should sharing would affect the overall relation require applicants to describe the affect the decision to license paired between service areas, spectrum services they seek to provide beyond spectrum. The NPRM particularly asks channelization, and power levels, designating their regulatory status. The commenters to address how spectrum compared to service rules that would NPRM proposes that applicants and block issues relate to the specific constrain or preclude broadcast use. licensees in this 36 megahertz of findings required by review of flexible 18. The NPRM also seeks comment on commercial spectrum similarly be use allocations pursuant to section procedures that would allow required only to indicate the regulatory 303(y) of the Act. The NPRM thus prospective bidders to bid on status of any services they choose to requests comment on how the number combinations or groups of licenses in a provide. The NPRM also proposes that single bid, and to enter multiple licensees must notify the Commission 10 Commission records indicate that as of November 1998, there were 105 full power TV alternative bids within a single bidding within 30 days of service changes that licensees and 1232 low power and translator TV round, as well as alternatives that would alter the regulatory status of their licensees operating on these bands. rely on licensing by geographic area, by services. When the change results in the
VerDate 18-JUN-99 10:16 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 E:\FR\FM\A07JY2.013 pfrm03 PsN: 07JYP1 36646 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Proposed Rules discontinuance, reduction, or provide non-broadcasting services 310(b)(4).13 The Commission now impairment of the existing service, a pursuant to a part 27 license. presumes that ownership by entities different approach may apply. The 23. Currently, part 27 services do not from countries that are WTO members NPRM also seeks comment regarding count against the spectrum cap on serves the public interest. Ownership by whether the inclusion of broadcast CMRS spectrum licensees. The 746–764 entities from countries that are not WTO services may sometimes require the MHz and 776–794 MHz bands may be members continues to be subject to the Commission to modify this approach. used for mobile services that are ‘‘effective competitive opportunities’’ Conventional broadcast licensees are comparable to the cellular, broadband test established by the Commission. subject to different ownership rules and Personal Communications Service 26. In the filing of an application attribution standards than wireless (PCS), and Specialized Mobile Radio under the Multipoint Distribution licensees. (SMR) spectrum for which the CMRS Service (MDS), Satellite, and Local cap was devised. While the Commission Multipoint Distribution Service (LMDS) 2. Eligibility; Spectrum Aggregation does not propose a spectrum cap for rules, the Commission requires any 21. Sections 27.12 and 27.302 of the part 27 services generally, the NPRM applicant electing non-common carrier Commission’s Rules impose no seeks comment on whether these status to submit the same information restrictions on eligibility, other than the commercial spectrum bands, if used to that common carrier applicants submit foreign ownership restrictions set forth provide CMRS, should count against the to address the alien ownership in section 310 of the Communications 45 megahertz spectrum cap that applies restrictions under section 310(b) of the to certain CMRS licensees. If the CMRS 14 Act. Thus, the NPRM proposes that Act. The NPRM proposes to follow the spectrum cap is applied to this same approach in the case of applicants there be no restrictions on eligibility for spectrum, the NPRM seeks comment on for licenses in the 746–764 MHz and a license in the 746–764 MHz and 776– whether the spectrum cap should be 776–794 MHz spectrum. Broadcasters, 794 MHz bands. The NPRM seeks adjusted in any way. The NPRM also common carriers, and non-common comment on whether opening this seeks comment on whether there should carriers would not be subject to varied spectrum to as wide a range of be any restriction on the amount of reporting obligations, but would all be applicants as possible will encourage spectrum that any one licensee may required to file changes in foreign entrepreneurial efforts to develop new obtain in the 746–764 MHz and 776–794 ownership information to the extent technologies and services, while helping MHz bands in the same licensed required by part 27 of the Commission’s to ensure the most efficient use of this geographic service area. Commenters Rules. By establishing parity in spectrum. Commenters also should addressing this aggregation issue should reporting obligations, however, the address whether the Commission’s consider the varying bandwidth Commission would not establish a proposed policy of universal eligibility requirements of the different types of single substantive standard for should apply to broadcasting on these 11 services that could use the 36 megahertz compliance. The Commission does not spectrum bands. The NPRM also asks of commercial spectrum. and would not disqualify an applicant whether there are any reasons not to requesting authorization exclusively to 3. Foreign Ownership Restrictions apply part 73 multiple ownership rules provide non-common carrier and non- to part 27 licensees providing 24. Sections 310(a) and 310(b) of the broadcast services from obtaining a conventional broadcasting services. Communications Act (47 U.S.C. 310(a) license simply because its citizenship 22. Another example of broadcast- and (b)) impose foreign ownership and information would disqualify it from a specific eligibility issues involves citizenship requirements that restrict common carrier or broadcast license. character qualifications. While the the issuance of licenses to certain The NPRM requests comment on this character qualification standards applicants. Section 27.12 of the proposal. applied to broadcasters have provided Commission’s Rules,12 which 4. Performance Requirements guidance in common carrier implements section 310 of the Act, proceedings, they are not directly would by its terms apply to applicants 27. Section 27.14(a) of the applicable to that context. The NPRM for licenses in the 746–764 MHz and Commission’s Rules requires Wireless seeks comment on whether there is any 776–794 MHz bands. An applicant Communications Service (WCS) reason that conventional broadcasters requesting authorization only for non- licensees to provide ‘‘substantial who share spectrum with Part 27 common carrier or non-broadcast service’’ to their service area within 10 wireless services, including wireless services would be subject to section years of being licensed; a failure to meet common carrier offerings, should not be 310(a), but not to the additional this requirement results in forfeiture of governed by the existing standards prohibitions of section 310(b). An the license and the licensee’s applied to part 73 licensees. The applicant requesting authorization for ineligibility to regain it. The Commission also seeks comment on broadcast or common carrier services Commission has stated that the whether there is any reason the would be subject to both sections 310(a) construction requirement provides Commission cannot apply our current and 310(b). licensees with the flexibility to offer the rules to decide whether an entity that 25. The statutory foreign ownership full range of services under the has been disqualified from holding a restrictions will be applicable to the allocations table, and to accommodate conventional part 73 broadcasting extent the restrictions apply to a new and innovative services. The license pursuant to the character particular service being offered in this Commission proposes generally to qualification rules should be eligible to commercial spectrum. In response to the subject licensees in the 36 megahertz of World Trade Organization (WTO) Basic commercial spectrum to the same standard, and we propose and seek 11 See, e.g., 47 CFR 73.3555. The Commission has Telecommunications Agreement, the underway a review of its broadcast ownership rules. Commission recently liberalized its comment on the following ‘‘safe See 1998 Biennial Regulatory Review—Review of policy for applying its discretion with the Commission’s Broadcast Ownership Rules and respect to foreign ownership of common 13 The Commission’s rules for broadcast licenses, Other Rules Adopted Pursuant to Section 202 of the which are not covered by the WTO Basic Telecommunications Act of 1996, MM Docket No. carrier radio licensees under section Telecommunications Agreement, were not 98–35, Notice of Inquiry, 63 FR 15353, March 31, amended. 1998. 12 47 CFR 27.12; see also 47 CFR 27.302. 14 See 47 U.S.C. 310(b).
VerDate 18-JUN-99 10:16 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 E:\FR\FM\A07JY2.014 pfrm03 PsN: 07JYP1 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Proposed Rules 36647 harbors’’ for the 746–764 MHz and 776– disaggregation can result in efficient license term, however, only its license 794 MHz bands: (1) For a licensee that spectrum use and economic opportunity would be subject to cancellation at the chooses to offer fixed services or point- for a wide variety of applicants, end of the license term. The to-point services, the construction of including small business, rural partitionee’s license would not be four permanent links per one million telephone, minority-owned, and affected by that failure. people in its licensed service area at the women-owned applicants, as required 33. The NPRM similarly proposes to 10-year renewal mark would constitute by section 309(j)(4)(C) of the allow parties to disaggregation substantial service; (2) For a licensee Communications Act. The Commission agreements to choose between two that chooses to offer mobile services or also tentatively concludes that this options for satisfying the construction point-to-multipoint services, a proposed approach will provide a requirements. Under the first option, the demonstration of coverage to 20 percent means to overcome entry barriers disaggregator and disaggregatee would of the population of its licensed service through the creation of smaller licenses certify that they each will share area at the 10-year renewal mark would that require less capital, thereby responsibility for meeting the constitute substantial service. The facilitating greater participation by rural substantial service requirement for the NPRM also seeks comment on the telephone companies and other smaller geographic service area. If parties distinct issues raised by applying this entities, many of which are owned by choose this option, both parties’ proposal to potential broadcast use of minorities and women. performance will be evaluated at the the spectrum. Broadcast permittees 30. Section 27.15 of the Commission’s end of the relevant license term and operating pursuant to part 73 are Rules provides that licensees may apply both licenses could be subject to required to construct their facilities to partition their licensed geographic cancellation. The second option would within three years. The NPRM requests service areas or disaggregate their allow the parties to agree that either the comment on whether there are any licensed spectrum at any time following disaggregator or the disaggregatee would reasons not to apply the part 27 the grant of their licenses. The part 27 be responsible for meeting the construction rules to broadcasters on rules permit: (1) geographic partitioning substantial service requirement for the these bands. of any service area defined by the geographic service area. If parties 28. The Commission tentatively partitioner and partitionee, (2) spectrum choose this option, and the party concludes that the existing part 27 disaggregation without restriction on the responsible for meeting the construction build-out requirements applied to amount of spectrum to be disaggregated, requirement fails to do so, only the wireless licensees, and the part 73 and (3) combined partitioning and license of the non-performing party construction requirements applied to disaggregation. The NPRM requests would be subject to cancellation. Broadcast permittees, fulfill the comment on the Commission’s proposal 6. License Term; Renewal Expectancy Commission’s obligations under section that licensees in the 746–764 MHz and 309(j)(4)(B) of the Act to establish 776–794 MHz bands be similarly 34. Part 27 of the Commission’s Rules performance requirements for licenses eligible to partition service areas and limits license terms to 10 years from the obtained by competitive bidding. The disaggregate spectrum. date of original issuance or renewal. Commission also tentatively concludes 31. Pursuant to § 27.15, the Section 27.14(c) establishes a right to a that the auction rules that we propose partitioning licensee must include with renewal expectancy. The to apply to these services, together with its request a description of the Communications Act, however, states the service rules that we are proposing partitioned service area and a that the license term for a broadcast and our overall competition and calculation of the population of the station shall not exceed eight years, and universal service policies, constitute licensed geographic service area, and specifies renewal criteria for broadcast effective safeguards and performance the partitioned service area. Section stations.15 The NPRM seeks comment on requirements for licensing this 27.15 also contains provisions against the appropriate license term for all spectrum. The Commission would unjust enrichment. The NPRM proposes licensees in the proposed 746–764 MHz reserve the right to review our to adopt these provisions, as well as the and 776–794 MHz bands, including construction requirements in the future remaining provisions governing those potentially offering broadcast if we receive complaints related to partitioning and disaggregation in service. The NPRM further seeks section 309(j)(4)(B), or if a reassessment § 27.15, for licensees in the 746–764 comment on whether it would be is warranted because spectrum is being MHz and 776–794 MHz bands. appropriate to have different license warehoused or otherwise is not being 32. The NPRM proposes to allow terms, depending on the type of service used despite demand. The Commission parties to partitioning agreements to offered by the licensee, and on the also will reserve the right to impose choose between two options for distinctions between the statutory and additional, more stringent construction satisfying the construction part 73 renewal criteria for conventional requirements on licenses in the future in requirements. Under the first option, the broadcast stations and our part 27 the event of actual anticompetitive or partitioner and partitionee would each renewal expectancy criteria for, e.g., universal service problems. The NPRM certify that it will independently satisfy datacasting and other wireless services. solicits comment on these proposals and the substantial service requirement for The NPRM additionally seeks comment views regarding performance its respective partitioned area. If a on how the Commission should requirements. licensee fails to meet its substantial administer such an approach, service requirement during the relevant particularly if licensees provide more 5. Disaggregation and Partitioning of license term, the non-performing than one service in their service area, or Licenses licensee’s authorization would be decide to change the type of service they 29. The NPRM next proposes to subject to cancellation at the end of the plan to offer. permit licensees in the 746–764 MHz license term. Under the second option, 35. The NPRM proposes, in the event and 776–794 MHz bands to partition the partitioner certifies that it has met that a license is partitioned or their service areas and to disaggregate or will meet the substantial service disaggregated, that any partitionee or their spectrum. The Commission requirement for the entire market. If the disaggregatee be authorized to hold its tentatively concludes that geographic partitioner fails to meet the substantial partitioning and spectrum service standard during the relevant 15 47 U.S.C. 307(a).
VerDate 18-JUN-99 10:16 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 E:\FR\FM\A07JY2.015 pfrm03 PsN: 07JYP1 36648 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Proposed Rules license for the remainder of the original whether longer periods should be communications services. There are a licensee’s term, and that the partitionee generally applicable for some services.17 number of statutory operational or disaggregatee may obtain a renewal 37. In light of the potential for sharing requirements that apply generally to expectancy on the same basis as other of this spectrum between broadcast and common carriers concerning the filing part 27 licensees (or, if subject to part wireless services, and the differences of tariffs, maintaining of records, 73, on the same basis as other part 73 between their regulatory requirements, liabilities, and discontinuance of licensees). The NPRM further proposes the NPRM seeks comment on whether service, among others. The Commission that all licensees meeting the substantial the Commisison should exercise our has previously forborne from applying service requirement will be deemed to statutory discretion to require a many of those requirements in certain have met this facet of the renewal minimum period of 15 days for public situations, and section 10 of the expectancy requirement regardless of notice of applications of wireless Communications Act (47 U.S.C. 160) which of the part 27 construction common carriers and broadcast stations, directs the Commission to forbear from options the licensees chose. The in instances where the Commission’s additional provisions of the Rules establish a notice requirement, Commission tentatively concludes that Communications Act when specific and a minimum period of 10 days for this approach is appropriate because a criteria are satisfied. the filing of petitions to deny the 40. The NPRM thus seeks comment in licensee, through partitioning, should applications of wireless common this context on whether the Commission not be able to confer greater rights than carriers and broadcast stations. should exercise our authority under it was awarded under the terms of its Commenters should address whether section 10 of the Act to forbear from license grant. The NPRM also seeks imposing a 15-day notice requirement applying to non-CMRS licensees of this comment on whether a non-broadcast would be an undue burden on such spectrum the specific Title II renewal applicant involved in a applicants, and whether it would be requirements that the Commission comparative renewal proceeding should administratively useful by enabling the previously has determined to forbear include at a minimum the showing in Commisison to ensure that any from applying to CMRS licensees. § 27.14(c) of the Commission’s Rules to applicant filing for both common carrier Specifically, the NPRM seeks comment claim a renewal expectancy, and and non-common carrier authorizations on application of each of the three similarly, what showing a broadcast in a single license is in compliance with elements of the forbearance standards renewal applicant should include to (1) the licensing requirements for specified by section 10 of the Act, in the claim the renewal expectancy common carriers and broadcasters context of services in the 746–764 MHz established by section 309(k) of the Act. established in Title III of the and 776–794 MHz bands. Under the first 7. Public Notice Communications Act; and (2) any two parts of the test, the NPRM requests related requirements the Commission comment on the definition of 36. Sections 309(b) and 309(d) of the may adopt. Commenters also should ‘‘consumer,’’ what information the Communications Act require public address whether the Commission Commission should consider when notice for initial applications and should allow all licensees to make performing these evaluations, and substantial amendments filed by subsequent status changes under examples of applying these tests in broadcasters or radio common carriers. reduced notification requirements. order to evaluate whether forbearance would be appropriate. With respect to These requirements state that no such C. Operating Rules application shall be granted earlier than the third condition, the NPRM seeks 30 days following the issuance of public 38. The NPRM proposes to subject comment on the appropriate market that notice by the Commission, and that the licensees in the 746–764 MHz and 776– would apply to fixed, common carrier Commission may not require petitions 794 MHz bands to the part 27 rules that licensees in the 746–764 MHz and 776– to deny such applications to be filed govern operations, except for 794 MHz bands. The NPRM notes that earlier than 30 days following the public modifications that the Commission may the Commission has not forborne from notice. The same provision also grants adopt for this spectrum as a result of regulation of fixed wireless services in the Commission the authority to impose this proceeding. The NPRM seeks service rule proceedings for the 24, 28, comment generally on the applicability public notice requirements for other and 39 GHz bands. The NPRM therefore of these rules to this spectrum. also asks commenters to address how, if licenses, even though public notice is Additionally, the NPRM seeks comment at all, that should affect the not required by the statute. However, on whether any operating rules Commission’s forbearance decisions in the administrative procedures for contained in other parts of the this proceeding. spectrum auctions adopted by section Commission’s Rules should be adopted 41. Because it may take longer for the 3008 of the Balanced Budget Act of 1997 for the 746–764 MHz and 776–794 MHz Commission to conduct this forbearance permit the Commission to shorten bands. The NPRM further asks analysis than to adopt service rules for notice periods in the auction context to commenters to suggest any alternatives the 746–764 MHz and 776–794 MHz a five-day petition to deny period and to such regulations governing a bands, the NPRM proposes during the a seven-day public notice period, licensee’s operations in order to interim: (1) to adopt a discontinuance notwithstanding the provisions of minimize the potential significant provision that is consistent with the section 309(b) of the Communications common carrier obligations set forth in 16 economic impact, if any, from such Act. The Commission tentatively rules on small entities. subpart E of part 1 and in part 61 concludes that services in the 746–764 through part 64 of the Commission’s MHz and 776–794 MHz spectrum will 1. Applicability of General Common Rules; and (2) to apply other parts of the be auctionable services, so that the Carrier Obligations Commission’s Rules to ensure seven-day public notice period is 39. Title II of the Communications Act compliance of fixed common carriers applicable. We note, however, that in imposes a variety of obligations on the with Title II of the Communications Act. the Part 1 Second Further Notice the operations of common carriers that are 42. Section 214(a) of the Commission has sought comment on not otherwise imposed on wireless Communications Act requires that no common carrier may discontinue, 16 47 U.S.C. 309(j) nt 3. 17 63 FR 770, January 7, 1998. reduce, or impair service without
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Commission approval. The NPRM common carrier and non-common NPRM also seeks comment on proposals proposes that if a fixed, common carrier carrier LMDS licensees; 18 and for to adopt the rules concerning in-band part 27 licensee voluntarily common carrier mobile service interference control, out-of-band and discontinues, reduces, or impairs providers in parts 22 and 90, though spurious emission limits, special service to a community or part of a these latter provisions do not apply to considerations for use of channels 66 community, it must obtain prior PMRS providers because they are not and 67, and Radiofrequency (RF) safety authorization as provided under § 63.71 common carriers. In addition, part 25 requirements. The NPRM proposes that of the Commission’s Rules, but an contains EEO rules for entities that use all of these technical rules would apply application would be granted within 30 an owned or leased fixed satellite to all licensees in the 746–764 MHz and days after filing if no objections were service facility to provide more than one 776–794 MHz bands, including received. The NPRM additionally channel of video programming directly licensees who acquire their licenses proposes that if a non-common carrier to the public,19 and part 73 contains through partitioning or disaggregation. part 27 licensee voluntarily rules for broadcasters.20 1. In-Band Interference Control discontinues, reduces, or impairs 46. The Commission has initiated a service to a community or part of a rulemaking on our part 73 EEO rules,21 48. The Commission does not have community, it must give written notice and in the present proceeding, seeks reliable information at this time on the to the Commission within seven days. comment on whether there are any technical parameters for services that The NPRM also proposes, however, that reasons not to apply part 73 EEO rules will be provided in the 746–764 MHz neither a fixed common carrier, nor to conventional broadcasters operating and 776–794 MHz bands. Our allocation non-common carrier part 27 licensee, in these spectrum bands and licensed and designation decision permits the need surrender its license for under part 27. As to non-broadcast range of uses in the Allocation Table, cancellation if discontinuance is a result services on these bands, the NPRM and we also cannot be certain what of a change in status from common seeks comment on whether the wireless services will be operating in carrier to non-common carrier or the Commission should include a separate adjacent spectrum. A broad range of reverse. EEO provision in part 27 and, if so, technologies may share this spectrum, 43. The NPRM further proposes that which of the Commission’s EEO rules and the nature of the services and if the service provided by a fixed we should adopt. Commenters should technologies can affect the potential for common carrier part 27 licensee is address the advisability of having interference between licensees using the involuntarily discontinued, reduced, or different EEO requirements depending same spectrum in adjacent service areas. impaired for a period exceeding 48 on the service a licensee provides. The Commission is particularly hours, the licensee must promptly Commenters who support the adoption interested in potential interference notify the Commission, in writing, as to of EEO requirements should comment issues should the range of uses extend the reasons for the discontinuance, on what statutory authority should be to full power broadcast service. reduction, or impairment of service, invoked to support these requirements 49. While the Commission has including a statement indicating when and how these rules should be tailored. considered a range of approaches to normal service is to be resumed. The managing interference in other service D. Technical Rules NPRM proposes that when normal rule proceedings, these spectrum bands service is resumed, the licensee must 47. The general provisions of part 27 present an additional consideration. promptly notify the Commission. The include rules related to equipment Section 337(d)(1) requires the NPRM seeks comment on these authorization, frequency stability, Commission to establish ‘‘interference proposals. antenna structures and air navigation, limits at the boundaries of the spectrum 44. Section 312(g) of the international coordination, block and service area.’’ One possible Communications Act provides that the environmental requirements, quiet interpretation of this provision is that license of any broadcasting station that zones, and disturbance of AM broadcast the Commission is directed to adopt fails to transmit broadcast signals for antenna patterns. The NPRM seeks field strength limits, or some similarly any consecutive 12-month period comment on applying these rules to the generic requirement, even if it considers expires as a matter of law at the end of spectrum that is the subject of this that a coordination approach establishes that period. In addition, § 3.1750 of the NPRM, and specifically on any rules sufficient, and more flexible, protection Commission’s Rules states that a that would be affected by the against interference. licensee of a broadcast station shall Commission’s proposal to apply 50. The Commission tentatively notify the Commission of permanent elements of the part 27 framework, concludes that either a coordination or discontinuance of operation at least two whether separately or in conjunction field strength method, when properly days before operation is discontinued. with part 73 requirements, to applied, can provide a satisfactory The NPRM asks whether any conventional broadcast services. The means of controlling harmful considerations may suggest that the interference or determining the Commission should adopt different 18 See, e.g., 47 CFR 101.311. interaction between systems, although provisions for broadcast services 19 47 CFR 25.601. there may be reasons to prefer one 20 Section 73.2080 of the Commission’s Rules was method over the other in the 746–764 provided over this spectrum under part struck down as unconstitutional as respects the 27. outreach portions of the Commission’s EEO MHz and 776–794 MHz bands. Even program requirements for broadcast stations, and with a boundary limit, some degree of 2. Equal Employment Opportunity remanded to the Commission for a determination coordination and joint planning 45. Part 27 does not include an whether the non-discrimination rule is within its between bordering licensees appears statutory authority. See Lutheran Church-Missouri explicit Equal Employment Opportunity Synod v. FCC, Case No. 97–1116, 141 F3rd 344, likely to be needed to ensure efficient (EEO) provision. Nor do parts 24 (PCS) reh’g denied, 154 F.3d 487 (D.C. Cir 1998). use across the boundary. or 26 (General Wireless 21 Review of the Commission’s Broadcast and 51. Parties are therefore asked to Communications Service). The NPRM Cable Equal Employment Opportunity Rules and provide their analysis of the advantages Policies, MM Docket No. 98–204, and Termination notes that there are specific EEO of the EEO Stream-lining Proceeding, MM Docket and disadvantages of both approaches, provisions for fixed service providers in No. 96–16, Notice of Proposed Rulemaking, 63 FR or approaches that combine a boundary parts 21 and 101, including both 66104, December 1, 1998. limit and a coordination procedure.
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Comments should address the private land mobile service, cellular reallocated and reserved for public advantages of different approaches in radio service, and fixed microwave safety services, and we have already managing the electromagnetic services typically employ substantially adopted service rules for the public environment at geographic boundaries different output powers. The substantial safety bands. The potential for new in the 746–764 MHz and 776–794 MHz differences between these services, broadcasting services on the commercial bands, the kinds of incentives each may however, are minor in comparison to 746–764 MHz and 776–794 MHz bands, create for undesirable strategic or anti- the output powers of full power however, raises the further issue of competitive behavior, and the effects on broadcast services. Accordingly, if whether a more stringent approach to licensee costs. commenters believe that power limits interference may be required on the 52. The NPRM also seeks comment are necessary, they should comment as commercial bands, to ensure that public regarding whether to permit licensees in to what those limits should be and the safety licensees in adjacent bands do not adjacent service areas to coordinate basis for the suggested limits. The experience harmful interference. The their operations and agree to an NPRM also solicits views as to whether NPRM therefore seeks comment on the alternative field strength along their the Commission should establish limits relation of section 337(d)(4) to shared border. The NPRM invites on output power for all transmitters, or protection of public safety licensees comment on this approach to control of just mobile equipment. from interference caused by broadcast interference in the context of the 746– 55. Finally, § 27.64 of the services that may be permitted to 764 MHz and 776–794 MHz bands, both Commission’s Rules states generally that operate on the 36 megahertz of generally and if used in conjunction part 27 stations operating in full commercial spectrum. with power flux density or field strength accordance with applicable Commission 58. The NPRM proposes to require standards. If commenters suggest that rules and the terms and conditions of licensees in the proposed commercial power flux densities or field strength their authorizations are normally spectrum to attenuate the power below standards should be established as considered to be non-interfering, and the transmitter power (P) by at least 43 interference limits, in conjunction with provides for Commission action, after + 10 log10(P) watts or 80 decibels, a coordination process, they should notice and hearing, to require whichever is less, for any emission on propose specific values for such limits. modifications to eliminate significant all frequencies outside the licensee’s Commenters should also address any interference. In view of the variety of authorized spectrum. To implement special considerations that might be services that might be provided by part sharing between conventional broadcast appropriate in an environment where 27 licensees on these bands, the NPRM and other commercial services, different disparate services might be using the solicits comment on whether the interference limits may be indicated. same spectrum in adjacent service areas. Commission should apply this rule to The NPRM requests comment on this 53. Regarding whether a general these spectrum bands. The NPRM also proposal and any other emission limits coordination approach should be used, seeks comment regarding whether that commenters believe are comments are invited on specific interference protection can be appropriate. aspects of procedures. While § 101.103 guaranteed and whether § 27.64 of the 3. RF Safety of the Commission’s Rules can serve as Rules, if retained, should be changed to a useful framework for coordination in direct adjacent service area licensees to 59. Section 27.52 of the Commission’s the 746–764 MHz and 776–794 MHz cooperate to eliminate or ameliorate Rules subjects licensees and bands, our objective is to ensure that interference. The Commission also seeks manufacturers to the RF radiation licensees receive protection from comment on whether the Commission exposure requirements specified in harmful interference with the minimum should apply any changes with respect §§ 1.1307(b), 2.1091, and 2.1093 of the regulation necessary. If a general to § 27.64 to the 2.3 GHz band. Commission’s Rules, which list the coordination approach is adopted, the services and devices for which an Commission tentatively concludes that 2. Out-of-Band and Spurious Emission environmental evaluation must be the coordination concepts of § 101.103 Limits performed. Routine environmental generally should be applied to licensees 56. Generally, different types of evaluations for RF exposure are required in the 746–764 MHz and 776–794 MHz technical parameters would be used to by applicants desiring to use the bands and should be incorporated into limit out-of-band and spurious following types of transmitters: (1) fixed part 27 of the Rules for these bands. The emissions to ensure interference operations, including base stations and NPRM seeks comment on the best way protection of services outside the radiolocation transmitters, when the to effect this incorporation, including licensee’s assigned spectrum, depending effective radiated power (ERP) is greater comment on which provisions of on whether the system involves fixed, than 1,000 watts; (2) all portable § 101.103 may be appropriate for mobile, or other communications. devices; and (3) mobile devices, if the incorporation into part 27. For purposes Because the Commission may permit ERP of the station, in its normal of the Commission’s considering a licensees in the 746–764 MHz and 776– configuration, will be 1.5 watts or coordination approach for the 746–764 794 MHz bands to use the spectrum for greater. MHz and 776–794 MHz bands, the the various services in the Table of 60. With regard to RF safety NPRM seeks comment on what the Allocations, it would appear we should requirements, the NPRM proposes to appropriate distance should be to trigger develop technical operating parameters treat services and devices in the 746– this coordination, and whether there that can accommodate the several types 764 MHz and 776–794 MHz bands in a should be any other criteria, in addition of communications. comparable manner to other services to distance to the service area boundary, 57. In addition to the characteristics and devices that have similar operating that would trigger a need to coordinate. of different technical approaches, characteristics. The Commission 54. The NPRM seeks comment on section 337(d)(4) of the Act emphasizes tentatively concludes that the what, if any, limits for equivalent the importance of avoiding harmful requirements in § 27.52, adopted for isotopically radiated power (EIRP) are interference from television licensees in the 2.3 GHz band, will necessary or appropriate under either a broadcasters to public safety licensees apply to the same extent to licensees in coordination or field strength limit in adjacent bands. Section 337(d)(4) the 746–764 MHz and 776–794 MHz approach. Transmitters used in the refers explicitly to the spectrum bands bands. Guidance on acceptable methods
VerDate 18-JUN-99 10:16 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 E:\FR\FM\A07JY2.020 pfrm03 PsN: 07JYP1 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Proposed Rules 36651 of evaluating compliance with the as possible before making a decision. ramifications of the NTIA proposed Commission’s exposure limits is The Commission believes that standard on use of the 700 MHz band contained in OET Bulletin No. 65.22 additional information is needed before for commercial wireless services. 61. The NPRM proposed to adopt the we arrive at a final decision with respect Therefore, the NPRM requests comment 1,000 watts ERP threshold for operation to this matter. on the standard recommended by NTIA in the 746–764 MHz and 776–794 MHz 63. Of particular concern is the to protect GNSS operations. The NPRM bands to recognize the flexibility with impact of imposing the standards also invites comment as to whether respect to use, power, location, and recommended by NTIA on the design of extenuating conditions such as low other factors that will presumably be commercial equipment. NTIA antenna height, propagation losses, accorded licensees operating in these specifically advocates that out-of-band body suppression of signals, and wall bands. The NPRM also proposed to emissions be limited to -70 dBW/MHz attenuation should be taken into modify §§ 1.1307(b), 2.1091, and 2.1093 equivalent isotropically radiated power account in calculating the out-of-band of the Commission’s Rules to include (EIRP) for wideband emissions, and -80 emission requirements. In addition, the services and devices applicable to the dBW/700 Hz EIRP for narrowband Commission is interested in obtaining a 746–764 MHz and 776–794 MHz bands. emissions, and that these limits be better understanding of the levels of The NPRM invites comment on these applied to all spurious emissions, radio energy that currently exist in the proposals and any alternatives. including second harmonics in the GNSS spectrum as a result of spurious 1559–1610 MHz range. These limits are 4. Special Considerations for Use of emissions from other communications based on international Channels 65, 66 and 67 systems and electronic equipment. recommendations by RTCA and ETSI 65. The Commission observes that 62. In the Public Safety Spectrum specifically for mobile earth terminals stringent out-of-band emissions limits Second Notice on the use of channels in the Mobile Satellite Service (MSS). are generally more difficult to meet for 63, 64, 68, and 69 by Public Safety Full power broadcast use of this mobile and hand-held transmitters than Services,23 the Commission sought spectrum could pose additional for base and control stations or for fixed comment on the potential for difficulties for the GNSS system. service stations. The standard interference to GLONASS 24 and GPS 25 Because conventional full power recommended by NTIA would require satellites from public safety systems broadcast stations would operate at approximately 85–90 dB suppression for operating in the 794–806 MHz band (TV power levels several orders of typical full-power mobile equipment, channels 68–69). In the present context, magnitude larger than those used by and approximately 75–80 dB for as with public safety systems, the commercial fixed and mobile stations, handhelds and portables.26 The NPRM second harmonic transmissions of additional attenuation of out-of-band expresses concern about whether the commercial services operating on TV emissions may be required to protect the proposed emissions standard would channels 65–67 fall within the GNSS systems. NTIA has recommended, severely curtail the availability of the 36 bandwidth identified by NTIA as being in this case, that an emission limit of MHz of spectrum designated by used by the GPS (1563.42–1587.42 -110 dB below the average transmitter Congress for commercial use, and MHz). Therefore, the use of the 776–794 power should be included as the requests factual data and technical MHz band by commercial services raises proposed unwanted emission limit, information as to the impact this many of the same concerns. NTIA including harmonics, for DTV proposal may have on the use of the 700 recommends that stringent standards be transmitters operating in the 746–764 MHz band for commercial wireless adopted to ensure that equipment MHz and 776–794 MHz bands. NTIA services. The NPRM also seeks operating in these bands does not cause notes that the current DTV mask information on how the proposed radio frequency interference to the requires that emissions, including emmissions standard may affect the Global Navigation Satellite System harmonics that are more than 6 MHz equipment cost, size, weight and battery (GNSS) when used for precision from the channel edge, must be life of handheld or portable equipment. approach and landing. The Commission attenuated by this amount. It believes Global Mobile Personal recognizes that this issue will be of that this value is consistent with the Communications via Satellite (GMPCS) critical importance to both navigation current harmonic suppression levels terminals have been proposed to meet and commercial interests, and therefore that can be achieved by television the same standard proposed in the we desire to obtain as complete a record transmitters, and will protect GNSS NPRM. The NPRM invites comment as precision approach landing operations. to whether it is feasible for commercial 22 OET Bulletin No. 65 (Edition 97–01) was issued 64. The Commission is committed to fixed and mobile equipment to meet the on August 25, 1997. It is available for downloading ensuring that the GNSS is protected at the FCC Web Site: www.fcc.gov/oet/rfsafety. same standards as these commercial Copies of OET Bulletin No. 65 also may be obtained adequately against interference. We note mobile satellite systems. The NPRM by calling the FCC RF Safety Line at (202) 418– that the standard recommended by solicits suggestions as to any and all 2464. NTIA is necessary only to protect the alternative approaches or measures that 23 Second Notice of Proposed Rulemaking, in WT GNSS band at 1559–1605 MHz. Based the Commission can take to alleviate the Docket No. 96–86, 62 FR 60199, November 7, 1997 on the information before us at this (Public Safety Spectrum Second Notice). impact of the proposed standard. time, we tentatively propose to adopt 24 GLONASS is the Russian Federation Global E. Competitive Bidding Orbiting Navigation Satellite System which will use the NTIA recommended emissions the 1598–1605 MHz portion of the Radionavigation- limits, but to apply them only to 1. Statutory Requirements Satellite Service (space-to-Earth) allocation at 1559– emissions that fall within the GNSS 1610 MHz, when the GLONASS system reaches its band. Outside the 1559–1605 MHz 66. Section 337 of the final frequency configuration after 2005. GNSS band, we propose that the Communications Act requires that the 25 GPS (Global Positioning System) is also in licenses for this proposed commercial operation, and it will be the United States standard addressed earlier in the section component of the Global Navigation Satellite on out-of-band spurious emissions (i.e., spectrum be granted through System (GNSS). GPS utilizes the lower portion of 43 + 10 log P) would apply. The the Radionavigation-Satellite Service (space-to- 26 For the purposes of the GLONASS standard, the Earth) allocation from 1559–1610 MHz on a primary Commission believes that it is Commission has assumed the narrowband limit of basis, and is maintained by the United States imperative that all parties fully -80 dBW/700 Hz would be sufficient for commercial Department of Defense. understand the need for and services bandwidths of up to 150 kHz.
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In and 806 megahertz is to be assigned: ‘‘6 and conduct (for purposes of testing) of the Competitive Bidding Second megahertz of that spectrum for competitive bidding using a contingent Memorandum Opinion and Order, the commercial use [is] to be assigned by combinatorial bidding system that Commission stated that it would define competitive bidding pursuant to section permits prospective bidders to bid on eligibility requirements for small 309(j).’’ Section 337(b)(2) further directs combinations or groups of licenses in a businesses on a service-specific basis, the Commission to ‘‘commence single bid and to enter multiple taking into account the capital competitive bidding for the commercial alternative bids within a single bidding requirements and other characteristics licenses created pursuant to subsection round.’’ The Commission has contracted of each particular service in establishing (a) after January 1, 2001.’’ The proposed for the development of such procedures. the appropriate threshold.28 The Part 1 commercial spectrum therefore is not to The NPRM seeks comment on whether Third Report and Order,29 while it be licensed for public safety radio the auction of these spectrum bands, standardizes many auction rules, services, which are excluded from especially if our service rules provide continues a service-by-service approach spectrum auction authority by section for broadcast services, may present a to defining small businesses. For the 36 3002 of the Communications Act. suitable context for combinatorial megahertz of commercial spectrum, the 67. Although this spectrum is procedures. Commenters should NPRM proposes to define a small dedicated by statute for commercial consider: (a) whether, absent the business as any firm with average rather than public safety licenses, the application of combinatorial rules, the annual gross revenues for the three issue arises whether public safety existing standardized auction rules in preceding years not in excess of $40 entities might successfully bid for and Part 1 are adequate for the juxtaposition million. 73. The Commission observes that the be licensed to use the spectrum. The of broadcast and wireless bidding capital costs of operational facilities in Commission is concerned that the entities; or (b) whether modifications of the 746–764 MHz and 776–794 MHz exclusion from our statutory auction standardized Part 1 auction rules, to bands are likely to vary widely based on authority might: (1) preclude us from facilitate participation by entities the services provided. Accordingly, the licensing a public safety entity that interested in providing broadcast NPRM proposes to adopt small business participated in an auction of service, are desirable. The Commission size standards that afford licensees the commercial spectrum; or (2) nullify or is especially interested in comment on greatest flexibility. Thus, in addition to otherwise adversely affect our authority how, absent combinatorial rules, our our proposal to adopt the general small to license the spectrum involved auction methodology should recognize business standard used in broadband through competitive bidding, if public the divergence between geographic licensing applied to wireless spectrum PCS, 2.3 GHz, and 39 GHz service rules, safety entities participate in such an the NPRM also proposes to adopt the auction. bands, and the focus on communities of license in the assignment of broadcast definition for very small businesses 68. The Commission has not spectrum. used for 39 GHz licenses and for the previously addressed the issue whether PCS F Block licenses, namely, public safety entities are prohibited 2. Incorporation by Reference of Part 1 businesses with average annual gross from participation as bidders in an Standardized Auction Rules revenues for the three preceding years auction process. The Commission 70. The NPRM proposes to conduct not in excess of $15 million. believes that such participation, subject the auction for initial licenses in the 74. The NPRM seeks comment on the to the same bidding and service rules 746–764 MHz and 776–794 MHz bands use of these standards, with particular applicable to commercial applicants, in conformity with the general focus on the appropriate definitions of cannot compromise the Commission’s competitive bidding rules set forth in small and very small businesses as they auction authority where, as here, that part 1, subpart Q of the Commission’s relate to the size of the geographic area authority has been directly conferred by Rules, which are substantially to be covered, and the spectrum statute. We are considering in a separate consistent with the bidding procedures allocated to each license. For the proceeding the broader issue of that have been employed in previous proposed definitions of small business exemption from our general auction Commission auctions. Specifically, the and very small business, the NPRM authority of some public safety services. NPRM proposes to employ the part 1 proposes to include the entity’s affiliates In light of the importance attached by rules governing designated entities, and controlling interests when the Congress to ensuring the availability application issues, payment issues, determining eligibility by gross revenue of reallocated spectrum to public safety competitive bidding design, procedure criteria. In discussing these issues, uses, however, the Commission believes and timing issues, and anti-collusion, commenters are requested to address the these commercial bands should be open subject to possible modification. The expected capital requirements for to application by any public safety NPRM seeks comment on this proposal, services in the 746–764 MHz and 776– entities that are qualified and prepared and on whether any of the part 1 rules 794 MHz bands. Commenters also are to bid under the same rules applied to would be inappropriate in an auction invited to compare these proposals with commercial applicants. The NPRM for these spectrum blocks, especially other services for which the therefore requests comment on what with regard to possible inclusion of Commission has established auction effect the changes in Commission broadcast services in our auction procedures, as a basis for their auction authority, made by section 3002 methodology. comments regarding the appropriate of the Communications Act have on: (a) definitions for small and very small the possible participation of public 3. Provisions for Designated Entities safety entities in an auction of 71. The Communications Act 27 See 47 U.S.C. 309(j)(3), 309(j)(4). commercial spectrum, and on (b) their provides that, in developing competitive 28 Implementation of Section 309(j) of the Communications Act—Competitive Bidding, PP eligibility to obtain a license through the bidding procedures, the Commission Docket No. 93–253, Second Memorandum Opinion subsequent acquisition of spectrum shall consider various statutory and Order, 59 FR 44272, August 26, 1994. initially assigned by auction. objectives and consider several 29 See 63 FR 2315, January 15, 1999.
VerDate 18-JUN-99 10:16 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00045 Fmt 4702 Sfmt 4702 E:\FR\FM\A07JY2.024 pfrm03 PsN: 07JYP1 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Proposed Rules 36653 businesses. The NPRM also seeks comment on this tentative conclusion. prior to placing such stations into comment on whether the proposed With respect to protection of TV and operation. The NPRM invites comment designated entity provisions, if adopted DTV operations from new broadcast as to the appropriate criteria that should and applied to the services in these operations on these frequencies, be used to protect TV broadcasting bands, would be sufficient to promote however, the Public Safety Spectrum against interference from fixed participation by businesses owned by Report and Order provides no guidance, operations. minorities and by women, and since broadcasting stations and services C. Protection of DTV Stations participation by rural telephone are not permitted on the public safety companies. To the extent that frequencies. A different approach or 77. In the Public Safety Spectrum commenters propose additional criteria may therefore be appropriate, Second Notice, the Commission noted provisions to ensure participation by depending on the types of broadcasting that its proposals were based on minority-owned and women-owned services permitted. protecting analog TV, and asked for businesses, they are also invited to comments on the appropriate D/U signal B. Protection of TV Stations address how such provisions should be ratios that should be applied to protect crafted to meet the relevant standards of 76. The Commission concluded in the DTV. After examining the record, the judicial review.30 In all other respects, Public Safety Spectrum Report and Commission decided to apply similar the Commission proposes to apply the Order that the use of a 40 dB D/U signal criteria, adopted in the Public Safety competitive bidding procedures that the ratio for co-channel operations and a 0 Spectrum Report and Order for Commission adopted in the Part 1 Third dB D/U signal ratio for adjacent channel protecting reception of analog TV Report and Order, subject to (1) any operations was supported by our stations, to protecting DTV reception.37 modifications the Commission may experience using this standard to Since the Commission allocated DTV adopt in response to the Second Further protect TV service from interference channels to replicate existing TV station Notice and (2) pending petitions for from land mobile operations in the New service areas, it allowed public safety reconsideration of the Part 1 Third York metropolitan area without serious stations to provide the same field Report and Order. adverse consequences, and that the strength at the equivalent Grade B Commission would, therefore, adopt contour of the DTV station as they do III. Protection of Television Services such standards for calculating for an analog TV station, and adjust the A. Background geographic separation requirements. D/U ratio accordingly. The Commission The Commission concluded that the 40 therefore provided for a TV station to 75. The NPRM discusses technical dB D/U signal ratio is a reasonable value have protection ratios of 40 dB for co- requirements for protecting incumbent that will provide sufficient TV channel and 0 dB for adjacent channel broadcast licensees and planned DTV protection, as required by the Balanced at its 64 dBµ field strength contour. The allotments against interference. The Budget Act of 1997.34 Co-channel land equivalent ratios for a DTV station that Commission tentatively concludes that mobile base station transmitters would has a Grade B signal strength contour of the factors and considerations examined be limited to producing a maximum 41 dBµ are 17 dB and -23 dB, in the Public Safety Spectrum Report signal strength at the hypothetical TV respectively. 31 and Order are equally relevant with Grade B contour 40 dB below 64 dBu, 78. In making this determination, the respect to the use of the 746–764 MHz or 24 dBu. The Commission also Commission noted that in the DTV and 776–794 MHz bands for commercial adopted a 0 dB D/U signal ratio for Sixth Report and Order it had specified 32 mobile services. Thus, the NPRM adjacent channel operations. Adjacent a minimum geographic separation of proposes to adopt the same criteria to channel land mobile transmitters would 250 kilometers (155 miles) between: (1) protect TV and DTV operations from be limited to a maximum signal that can DTV stations and (2) the city-center in commercial mobile operations that were equal the TV Grade B signal of 64 dBu areas where there are existing land adopted in the Public Safety Spectrum at the TV station Grade B contour, mobile co-channel operations. Section 33 Report and Order. The Commission defined here as 87.7 km (55 miles).35 90.305(a) of the Commission’s Rules tentatively concludes that the sharing The Commission tentatively concludes provides that maximum facility land criteria applicable to mobile service in this NPRM that the same criteria mobile base stations can be located up base stations would be sufficient to should be applied to commercial mobile to 80.5 km (50 mi) from the city-center protect TV and DTV operations from and fixed operations in the 746–764 of one of the specified cities. fixed service operations also, but seeks MHz and 776–794 MHz bands. The Consequently, under the geographic NPRM thus proposes to adopt rules separation adopted in the DTV Sixth 30 See Adarand Constructors v. Pen¯ a, 515 U.S. 200 similar to those reflected in § 90.545 of Report and Order, a maximum facility (1995); United States v. Virginia, 518 U.S. 515 36 land mobile base station could choose to (1996). the Commission’s Rules, with the 31 63 FR 58685, November 2, 1998. following proposed modification. locate its station as close as 169.5 km 32 This would include consideration of TV Because the Commission is not (250 km–80.5 km), or 105 mi. At this stations outside this spectrum, i.e., on Channel 59. proposing any specific antenna height distance, the land mobile base station The adjacent channel protection criteria proposed or transmitter power limitations for part would provide a co-channel signal at to be established herein would apply equally to the DTV station’s 88.5 km (55 mi) Channel 59 stations, and new licensees in the 27 licensees, part 27 licensees who Channel 60 spectrum block will need to recognize propose to operate stations with antenna equivalent Grade B contour that would the existence of such adjacent channel use in heights or transmitter powers that provide less than a 40 dB D/U designing their systems and services. Moreover, use exceed those specified in § 90.545(b) protection ratio to a DTV receiver. Thus, of Channel 59 may change as DTV service is the Commission’s decision to require relocated to the core digital channels. Any must provide to the Commission for interference or protection criteria involvng different approval a detailed technical analysis 700 MHz land mobile systems to uses of Channel 59 would necessarily be demonstrating that the required established in a later proceeding. interference protection criteria are met 37 A TV station’s hypothetical Grade B contour is 33 To the extent that our pending reconsideration plotted based on a 64 dBµ signal strength using the of that Order results in subsequent changes to the F(50,50) curve. See 47 CFR 73.699. A DTV station’s rules adopted in that proceeding, those changes 34 See 47 U.S.C. 337(d). equivalent contour is based on a 41 dBµ signal may need to be reflected as they apply or are 35 See 47 CFR 73.610. strength using the F(50,90) curve. See 47 CFR relevant here. 36 47 CFR 90.545. 73.625.
VerDate 18-JUN-99 10:16 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00046 Fmt 4702 Sfmt 4702 E:\FR\FM\A07JY2.025 pfrm03 PsN: 07JYP1 36654 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Proposed Rules provide signal ratios for DTV stations an additional factor that must be used presentations are permitted, except that will allow approximately the same by all public safety base, control, and during the ‘‘Sunshine Agenda’’ period, separation distance as we did for analog mobile stations to protect these few TV/ provided they are disclosed under the TV stations represented a reasonable DTV stations and afford the land mobile Commission’s Rules. See generally 47 balance between the needs of both DTV stations the necessary protection from CFR 1.1202, 1.1203, 1.1206(a). stations and public safety entities. the TV/DTV stations. The NPRM D. Pleading Dates 79. The Commission tentatively proposes that this additional factor also concludes that the same criteria should be applicable to all Part 27 licensees 85. Pursuant to Sections 1.415 and be applied to commercial mobile and operating in these bands. The NPRM 1.419 of the Commission’s Rules (47 fixed operations in the 746–764 MHz thus proposes to adopt a rule similar to CFR 1.415, 1.419) interested parties may and 776–794 MHz bands. The NPRM that reflected in § 90.545(c)(2)(iii) of the file comments on or before July 19, thus proposes to adopt rules similar to Commission’s Rules 38 to address this 1999, and reply comments on or before those reflected in § 90.545 of the situation. August 13, 1999. Comments and reply Commission’s Rules, with the following comments should be filed in WT Docket proposed modification. Part 27 licensees E. Other Issues No. 99–168. All relevant and timely who propose to operate stations with 82. In the DTV Sixth Report and comments will be considered by the antenna heights or transmitter powers Order,39 the Commission raised the Commission before final action is taken that exceed those specified in possibility that, in negotiating among in this proceeding. To file formally, § 90.545(b) must provide to the themselves for changes in allotments interested parties must file an original Commission for approval a detailed and assignments, TV licensees could and four copies of all comments, reply technical analysis demonstrating that include agreements for compensation. comments, and supporting comments. If the required interference protection The NPRM proposes to permit new interested parties want each criteria are met, prior to placing such licensees in this spectrum similarly to Commissioner to receive a personal stations into operation. reach agreements with licensees of copy of their comments, they must file protected TV stations, including holders an original plus nine copies. Interested D. TV Protected Service Contour parties should send comments and reply Alternatives of construction permits, compensating them for converting to solely DTV comments to the Office of the Secretary, 80. In the Public Safety Spectrum transmission before the end of the DTV Federal Communications Commission, Report and Order the Commission transition period, accepting higher 445 12th Street, S.W., Washington, D.C. found that a geographic separation levels of interference than those allowed 20554, with a copy to Stan Wiggins, distance table based on a standard 88.5 by the protection standards, or Policy Division, Wireless km Grade B service contour (equivalent otherwise accommodating new Telecommunications Bureau, 445 12th Grade B for DTV) would be the most licensees in these bands. Street, S.W., Washington, D.C. 20554. convenient form. Limiting TV/land 83. Finally, because the NPRM 86. Comments may also be filed using mobile separation to distances specified proposes to license this spectrum for the Commission’s Electronic Comment in a table, however, may prevent public broadcasting, as well as for the fixed Filing System (ECFS). Comments filed safety entities from fully utilizing the and mobile uses, comment is also through the ECFS can be sent as an spectrum in a number of major requested on interference protection electronic file via the Internet to
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Commission has prepared the following of existing uses; (3) to implement the it know how many licensees will be Initial Regulatory Flexibility Analysis section 303(y) requirement that flexible small businesses until the auction is (IRFA) of the expected impact on small use allocations not create harmful held. Even after that, the Commission entities of the proposals suggested in interference or discourage investment; will not know how many licensees will this document. Written public (4) to facilitate the awarding of licenses partition their license areas or comments are requested on the IRFA. to entities that value them the most. The disaggregate their spectrum blocks, if These comments must be filed in Commission seeks to develop a partitioning and disaggregation are accordance with the same filing regulatory plan for these commercial allowed. In view of this uncertainty deadlines as comments on the rest of the spectrum blocks that will allow for regarding the number of entities that NPRM but they must have a separate efficient licensing and intensive use of will be granted licenses in the 746–764 and distinct heading designating them the band, eliminate unnecessary and 776–794 MHz bands, we have as responses to the IRFA. The regulatory burdens, enhance the assumed, for purposes of our Commission’s Office of Public Affairs, competitive potential of the band, and evaluations and conclusions in the Reference Operations Division, shall provide a wide variety of radio services IRFA, that all of the prospective licenses send a copy of the NPRM, including the to the public. are small entities, as that term is defined by the SBA or our proposed definitions IRFA, to the Chief Counsel for Advocacy B. Legal Basis for Proposed Rules of the Small Business Administration in for these bands. We invite comment on accordance with paragraph 603(a) of the 91. The proposed action is authorized this analysis. Regulatory Flexibility Act. Public Law under sections 1, 4(i), 7, 10, 201, 202, 208, 214, 301, 303, 307, 308, 309(j), D. Description of Projected Reporting, 96–354, 94 Stat. 1164, 5 U.S.C. 601 et Recordkeeping, and Other Compliance seq. (1981). 309(k), 310, 311, 315, 317, 324, 331, 332 and 336 of the Communications Act of Requirements Initial Regulatory Flexibility Analysis 1934, 47 U.S.C. 151, 154(i), 157, 160, 95. Entities interested in acquiring Statement 201, 202, 208, 214, 301, 303, 307, 308, spectrum in the 746–764 and 776–794 A. Need for, and Objectives of, the 309(j), 309(k), 310, 311, 315, 317, 324, MHz bands will be required to submit Proposed Rules 331, 332, 336. license applications, and high bidders will be required to apply for their C. Description and Estimate of the 89. This rulemaking is being initiated individual licenses. The proposals Number of Small Entities To Which the to adopt certain service, licensing, and under consideration in this item also Proposed Rules Will Apply competitive bidding rules for the 746– include requiring commercial licenses 764 and 776–794 MHz segments of the 92. For the purposes of this NPRM, to make showings that they are in 746–806 MHz band. The Congress the RFA defines a ‘‘small business’’ to compliance with construction directed the Commission, in the be the same as a ‘‘small business requirements, file applications for Balanced Budget Act of 1997, to allocate concern’’ under the Small Business license renewals, and make certain 36 megahertz of this band for Act,41 unless the Commission has other filings as required by the commercial use, and to license that developed one or more definitions that Communications Act and Commission spectrum by competitive bidding. In the are appropriate to its activities.42 Under regulations. In addition to the general Reallocation Report and Order, the the Small Business Act, a ‘‘small licensing requirements of parts 27 and Commission reallocated 36 megahertz of business concern’’ is one that: (1) is 73 of the Commission’s Rules, other this band to commercial use and independently owned and operated; (2) parts may be applicable to commercial determined that the potential range of is not dominant in its field of operation; licensees, depending on the nature of commercial services would include all and (3) meets any additional criteria service provided. We request comment services permitted under the U.S. Table established by the Small Business on how these requirements can be of Allocations—Fixed, Mobile, and Administration (SBA).43 modified to reduce the burden on small Broadcasting services. In this NPRM, we 93. The proposals in this NPRM affect entities and still meet the objectives of propose to license the 746–764 MHz applicants who wish to provide services the proceeding. and 776–794 MHz commercial bands in the 746–764 and 776–794 MHz under a flexible framework established bands. Pursuant to 47 CFR 24.720(b), E. Steps Taken to Minimize Significant in part 27 of the Commission’s Rules. the Commission has defined ‘‘small Economic Impact on Small Entities, and We expect that provisions of part 27 entity’’ for Blocks C and F broadband Significant Alternatives Considered will be modified to reflect the particular PCS licensees as firms that had average 96. We have reduced burdens characteristics and circumstances of gross revenues of less than $40 million wherever possible. With specific regard services offered through the use of in the three previous calendar years. to the potential for use of these bands spectrum on these bands. These This regulation defining ‘‘small entity’’ by dissimilar services such as broadcast modifications may also reference or in the context of broadband PCS and commercial fixed and mobile, we incorporate rules in other parts of the auctions has been approved by the SBA. have sought comment on different Commission’s Rules, such as part 73 With respect to applicants for licenses approaches to minimizing the burdens governing broadcast services. We in the 746–764 and 776–794 MHz of interference management, consistent believe that this flexible approach will bands, we propose to use the small with the statutory mandate to protect encourage new and innovative services entity definition adopted in the both public safety uses and television and technologies in this band without Broadband PCS proceeding. service. To minimize any negative significantly limiting the range of 94. The Commission, however, has impact, we have also proposed certain potential uses for this spectrum. not yet determined or proposed how incentives for the benefit of small 90. Our objectives for the NPRM are: many licenses will be awarded, nor will entities. These provisions include (1) to auction licenses for these partitioning and spectrum commercial spectrum blocks as directed 41 15 U.S.C. 632. disaggregation. We have also sought 42 See 5 U.S.C. 601(3) (incorporating by reference by the Balanced Budget Act; (2) to the definition of ‘‘small business concern’’ in 5 comment on combinatorial auction accommodate the introduction of new U.S.C. 632). procedures, which may enable small uses of spectrum and the enhancement 43 15 U.S.C. 632. entities to participate in the licensing
VerDate 18-JUN-99 10:16 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00048 Fmt 4702 Sfmt 4702 E:\FR\FM\A07JY2.028 pfrm03 PsN: 07JYP1 36656 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Proposed Rules process with more flexibility. The for the proper performance of the expand the number of licensees affected regulatory burdens we have retained, functions of the Commission, including by existing regulatory requirements, such as filing applications on whether the information shall have including both service rules and auction appropriate forms, are necessary in practical utility; (2) the accuracy of the procedures. The initial burden estimate order to ensure that the public receives Commission’s burden estimates; (3) that follows is developed from that the benefits of innovative new services, ways to enhance the quality, utility, and premise, and relies on the or enhanced existing services, in a clarity of the information collected; and straightforward extension of paperwork prompt and efficient manner, and (4) ways to minimize the burden of the burdens associated with existing generally apply existing regulatory collection of information on the Commission licensing requirements to procedures to the new licensees respondents, including the use of entities that will bid in the auction and, expected to occupy these bands. We automated collection techniques or if successful, obtain licenses on these will continue to examine alternatives in other forms of information technology. spectrum bands. Assumptions about the the future with the objectives of OMB Approval Number: number of entities that will be licensed eliminating unnecessary regulations and Title: Service Rules for the 746–764 on this spectrum to provide particular minimizing any significant economic and 764–794 MHZ Bands and Revisions categories of service are necessarily impact on small entities. We seek to Part 27. speculative, because the proposed comment on significant alternatives Form No.: FCC Forms 175, 301, 302, service rules would not determine the commenters believe we should adopt. 346, 347, 601, and 603 will almost extent to which these bands may be surely be affected either by revision to used for specific service applications, or F. Federal Rules that May Duplicate, the form or revision of the number of the method of spectrum use adopted by Overlap, or Conflict with the Proposed respondents subject to the requirement. licensees. The burden estimate was Rules Other FCC Forms may also be modified instead developed to specify in terms 97. None. or the number of respondents increased, that describe the potential range of depending on the final rules adopted in paperwork burdens associated with VI. Ordering Clauses this proceeding. different uses of the spectrum. 98. Accordingly, it is ordered that Type of Review: New Collection. Depending on the record developed, these actions are taken pursuant to Respondents: Business and other for- especially with regard to new services sections 1, 4(i), 7, 10, 201, 202, 208, 214, profit and non-profit institutions. and technologies on these bands, the 301, 303, 307, 308, 309(j), 309(k), 310, Number of Respondents: The Commission may, for example, develop 311, 315, 317, 324, 331, 332 and 336 of Commission expects a range of between and implement auction procedures that the Communications Act of 1934, 47 1,056 and 3,168 respondents. vary from existing broadcast or wireless U.S.C. 151, 154(i), 157, 160, 201, 202, Estimated Time Per Response: procedures. Other existing requirements 208, 214, 301, 303, 307, 308, 309(j), Between 4 hours and thirty minutes may be altered, depending on the record 309(k), 310, 311, 315, 317, 324, 331, (cumulative figure based on the time to developed and the types of service 332, 336. fill out several of the wireless universal expected to be licensed. Disclosure of 99. It is further ordered that notice is service forms rather than any one form) ownership interests germane to hereby given of the proposed regulatory and 115 hours and 12 minutes. (based eligibility determinations, compliance changes described in this NPRM, and on the time to fill out several broadcast with existing Commission reporting that comment is sought on these forms rather than any one form). Note requirements for EEO obligations, and proposals. these estimates are not based on the statutory accessibility and political 100. It is further ordered that the time needed to complete any individual broadcast requirements suggest, but do Commission’s Office of Public Affairs, form, but are cumulative figures. not exhaust, the range of requirements Reference Operations Division, shall Needs and Uses: This Notice of potentially affected. A more thorough send a copy of this NPRM, including the Proposed Rulemaking seeks comment listing of those requirements is Initial Regulatory Flexibility Analysis, on the service rules and auction contained in the synopsis of the full text to the Chief Counsel for Advocacy of the procedures to be developed for the of the NPRM, as well as in the NPRM Small Business Administration in licensing of spectrum bands recently itself. The NPRM seeks comment on accordance with Section 603(a) of the allocated to fixed and mobile wireless means by which to minimize the effect Regulatory Flexibility Act of 1980, use, as well as broadcasting. The service of any paperwork burdens arising from Public Law 96–354, 94 Stat. 1164, 5 rules will encompass a variety of the accommodation of divergent U.S.C. 601–612 (1980). technical and interference provisions, as technical and regulatory requirements well as substantive policy deriving from Paperwork Reduction Act for these different services. The both statutory and regulatory Commission generally expects that such 101. This NPRM contains a proposed requirements. In the latter regard, the burdens will, overall, not exceed or modified information collection. The rules will need to consider the existing burdens for established Commission, as part of its continuing requirements applicable to common services, excepting the proposed effort to reduce paperwork burdens, carrier and non-common carrier requirement that licensees apprise the invites the general public and the Office services, and the broadcast-specific Commission of changes in service of Management and Budget to comment requirements established in the offerings that entail changes in their on the possible information collections Communications Act and by regulatory status. In developing an contained in this NPRM, as required by Commission regulations. In recognizing initial burden estimate, the Commission the Paperwork Reduction Act of 1995, the potential convergence of the has assumed that the bands will initially Public Law 104–13. Written comments wireless and broadcast regulatory be licensed to 176 geographic areas, must be submitted by the public and by contexts, the service rules will address based on Department of Commerce other Agencies on the proposed a wide range of requirements, such as Economic Areas (EAs), following information collections on or before license eligibility and attribution of Commission practice.44 The September 7, 1999. Comments should ownership interests. The primary effect Commission has assumed, solely for the address: (1) whether the proposed of these rules will be to enable licensing collection of information is necessary of these spectrum bands, and thus to 44 See 47 CFR 26.102 and 27.6.
VerDate 18-JUN-99 10:16 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00049 Fmt 4702 Sfmt 4702 E:\FR\FM\A07JY2.029 pfrm03 PsN: 07JYP1 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Proposed Rules 36657 purpose of preparing its estimate of that can be used in older cars whose who were aware of the importance of affected entities, that licensing in each rear seats are equipped with only lap attaching the tether geographic area will be exclusively belts instead of both lap and shoulder d. The recent regulation requiring user- ready tether anchorages to improve based on either a broadcast or non- belts. To make it easier for child tether use will not apply to vehicles broadcast structure. Under the restraint manufacturers to produce child manufactured before September 1999 conventional broadcast structure, each restraints for these children, the petition II. Issues geographic area would include six asks that Standard 213 be amended such III. Comments spectrum blocks, each occupying six that compliance tests of booster seats Appendix A—Calspan Study megahertz. That assumed emphasis on may be conducted with a top tether APPENDIX B-NHTSA TEST PROGRAM broadcast services generates the attached. I. Background following burden estimate. Assuming In the past, many drivers did not 176 licensed areas, and 6 licensees per attach tethers when they used tether- On December 4, 1997, Ms. Kathleen area, broadcast licensing burdens would equipped child restraints in vehicles Weber of the University of Michigan be extended to approximately 1056 that lack user-ready tether anchorages. Child Passenger Protection Research licensees. For a nonbroadcast structure, Given that the vehicles in question lack Program, submitted a petition for again using the EA figure of 176 user-ready tether anchorages, the agency rulemaking to amend Federal Motor licensed areas but assuming 18 licensees seeks comments on the extent to which Vehicle Safety Standard No. 213, ‘‘Child per area, based on each licensee vehicle drivers would attach the booster Restraint Systems’’ (49 CFR 571.213). implementing a paired wireless service seat’s top tether. The agency also seeks The petition, which NHTSA granted on January 30, 1998, concerns the using 1 MHz in each direction, the comments on the extent to which manufacture of booster seats that can be expected number of licensees affected currently available vests, harnesses, and used by families using pre-1989 model would be about 3,168. other restraint systems (e.g., shoulder belt retrofits) address the problem raised year vehicles. These vehicles have only List of Subjects lap belts in rear seating positions. by the petitioner. Comments are a. The Booster Seats in Question requested on the feasibility of 47 CFR Part 27 Became Unavailable After Upgrade to Communications common carriers, redesigning boosters such that the Standard 213 Communications equipment, Reporting restraints can meet Standard 213’s Booster seats are designed for and recordkeeping requirements. requirements when attached to the children who have outgrown a vehicle with only a lap belt, and convertible or toddler child restraint 47 CFR Part 73 without the use of a tether. system. They are generally designed for Communications equipment, Equal DATES: You should submit your children who are about 4 to 8 years old. employment opportunity, Reporting and comments early enough to ensure that There are two main types of booster recordkeeping requirements, Television. Docket Management receives them not seats currently produced. One type is later than September 7, 1999. Federal Communications Commission. called a ‘‘shield booster’’ due to use of ADDRESSES: Magalie Roman Salas, You should mention the a shield-like barrier to restrain the upper docket number of this document in your torso of a child in a crash. Shield Secretary. comments and submit your comments boosters attach to the vehicle by the [FR Doc. 99–17143 Filed 7–6–99; 8:45 am] in writing to: Docket Management, vehicle’s lap belt (Type I belt) or lap belt BILLING CODE 6712±01±U Room PL–401, 400 Seventh Street, SW, portion of a lap and shoulder belt (Type Washington, DC, 20590. II belt). The other type of booster is You may call Docket Management at called a ‘‘belt-positioning seat,’’ which DEPARTMENT OF TRANSPORTATION 202–366–9324. You may visit the is a booster designed to use both Docket from 10 a.m. to 5 p.m., Monday portions of a vehicle’s Type II belt to National Highway Traffic Safety through Friday. restrain the child. A belt-positioning Administration FOR FURTHER INFORMATION CONTACT: For seat is not directly attached to the vehicle seat, but is held in place by the 49 CFR Part 571 non-legal issues, you may call Mike Huntley of the NHTSA Office of child’s mass and the vehicle’s Type II [Docket No. 99±5891] Crashworthiness Standards, at 202–366– belt, which is strapped over the child’s 0029. lap and torso, just as the Type II belt is RIN 2127±AH14 For legal issues, you may call Deirdre used to restrain an adult occupant. A Federal Motor Vehicle Safety Fujita of the NHTSA Office of Chief belt-positioning seat must not be used Standards; Child Restraint Systems Counsel at 202–366–2992. with a vehicle’s lap belt alone, since the You may send mail to both of these seat lacks structure or an internal belt to AGENCY: National Highway Traffic officials at National Highway Traffic restrain the child’s upper torso. Safety Administration (NHTSA), Safety Administration, 400 Seventh St., Shield booster seats, which are Department of Transportation. SW., Washington, DC., 20590. capable of being used with only a ACTION: Request for comments. SUPPLEMENTARY INFORMATION: vehicle’s lap belt, were available in the past, but became unavailable for SUMMARY: The agency is issuing this Table of Contents children weighing over 18 kilograms document to obtain information that I. Background (kg) (approximately 40 pounds, lb) will help NHTSA determine whether a. The booster seats in question became subsequent to an upgrade that NHTSA Safety Standard No. 213, ‘‘Child unavailable after upgrade to Standard made to the standard pursuant to the Restraint Systems,’’ should be amended 213 Intermodal Surface Transportation b. Petitioner seeks to make boosters in response to a petition for rulemaking available by allowing them to be tethered Efficiency Act (‘‘ISTEA’’) of 1991 (Pub. from Kathleen Weber of Ann Arbor, in compliance test L. 102–240). That Act directed NHTSA Michigan. The petition concerns the c. The safety concern is that tethers often to initiate rulemaking on a number of availability of child booster seats for were not used in vehicles lacking a user- safety matters, including child booster older children (ages about 4 and older) ready tether anchorage, even by parents seat safety (section 250). The legislative
VerDate 18-JUN-99 10:16 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00050 Fmt 4702 Sfmt 4702 E:\FR\FM\A07JY2.031 pfrm03 PsN: 07JYP1 36658 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Proposed Rules history for the directive indicated that that could not pass the standard’s Petitioner seeks to permit hybrid its impetus was a study 1 that found that requirements with the 6-year-old restraints to be certified as meeting the shield booster seats then manufactured dummy, NHTSA anticipated that standard when recommended for could not adequately restrain test manufacturers might (1) design their children up to 20 kg (45 lb) in the dummies representative of the children seats to achieve compliance (such as by toddler mode (using the 5-point harness, for whom manufacturers typically raising the height of the shield relative attached to the vehicle by lap belt). recommended for the seats. In the study, to the child’s torso), (2) relabel shield Currently, restraints recommended for the boosters could not adequately boosters as being suitable for children children up to 20 kg are tested with the restrain a 22 kg (48 lb) test dummy weighing less than 18 kg (and thus 6-year-old dummy. Hybrid restraints (representing a 6-year-old) when avoid testing with the 6-year-old cannot meet the head excursion limit, dynamically tested under Standard 213. dummy), or (3) replace production of untethered, when tested with the 6-year- The boosters were ineffective at limiting shield boosters with belt-positioning old dummy in the toddler mode (using head excursions to within the boosters. While the latter two responses the 5-point harness). Presumably, they requirements of Standard 213, and two to the final rule have occurred, can meet it tethered. of the boosters failed structurally. The manufacturers have not redesigned A number of parties have written to boosters also failed to prevent the shield boosters to pass Standard 213 NHTSA in support of the petition, ejection of a 9 kg (20 lb) test dummy with the 6-year-old dummy. Thus, the including Safe Ride News and (representing a 9-month-old child) in shield boosters manufactured today are SafetyBeltSafe (both reiterated the views the dynamic test. These phenomena not recommended for use by children of the petitioner). The American were observed notwithstanding the over 18 kg (40 lb). Academy of Pediatrics (AAP) said that recommendation of some booster seat a high-back booster would help in b. Petitioner Seeks To Make Boosters manufacturers that their seats were physically restraining young toddlers Available by Allowing Them To Be suitable for children weighing from 9 up who can easily escape from Type II Tethered in Compliance Test to 32 kg (20 up to 70 lb).2 belts. The National Transportation In response to this study and to the Petitioner does not want to see the Safety Board (NTSB) expressed concern ISTEA directive, NHTSA amended renewed sale of shield booster seats, that the lack of child restraints for older Standard 213 to permit the manufacture because she does not believe the children complicates efforts to of belt-positioning seats, which were restraints provide adequate upper torso encourage states to enact legislation to considered to be a new, superior type of restraint. Instead, the petitioner suggests require children to ride in the back seat. booster seat (59 FR 37167, July 21, that Standard 213 be amended to However, NTSB did not support 1994). Belt-positioning boosters were allow— measures that required use of a tether or believed to be better able than shield ‘‘hybrid’’ toddler/booster restraints retrofitting a vehicle with a rear seat boosters at accommodating a wider (forward facing with internal harness/high- shoulder belt (these approaches, and range of child sizes. These boosters have back belt-positioning booster) to be used by others, are discussed further below). since replaced shield boosters in the a (20 kg) 45 lb child in the toddler mode with NTSB hoped that NHTSA will ‘‘work marketplace, as many commenters to its internal harness and installed with a lap with the child restraint manufacturers to the rulemaking, including the petitioner belt and top tether strap. expedite efforts to provide child for this document, Kathleen Weber, had The petitioner is referring to child restraint systems for children who have hoped they would. NHTSA also restraints that can be used with a Type outgrown their convertible restraint incorporated the 6-year-old and 9- I (lap) belt and with a Type II (lap/ systems to be used with lap-only belts.’’ month-old dummies into the standard’s shoulder) belt. An example of such a seat is Century’s Breverra booster car c. The Safety Concern Is That Tethers compliance test protocols, to ensure a Often Were Not Used in Vehicles more thorough evaluation of the ability seat, which is recommended for children 14 to 27 kg (30 to 60 lb). The Lacking a User-Ready Tether of a child restraint to adequately restrain Anchorage, Even by Parents Who Were children recommended for the restraint, Breverra has a removable 5-point harness system. When used with Aware of the Importance of Attaching as compared to testing done with only the Tether the 3-year-old dummy. Beginning in children weighing up to 18 kg (40 lb), September 1996, any child restraint the Breverra is used with the 5-point Tether use in vehicles not originally recommended for children weighing harness, and the restraint is secured to equipped with tether anchorages has over 18 kg (40 lb) must be able to the vehicle seat by either a Type I or been very low in this country. Because comply with the standard when tested Type II belt. (In vehicles equipped with of the low use rate for tethers, NHTSA with the 6-year-old child dummy (60 FR Type II belt systems, a locking clip may amended Standard 213 in 1986 to 35126, July 6, 1995; 60 FR 63651, be required for proper installation of the require tethered child restraints to pass December 12, 1995). restraint.) This configuration (using the the 48 kph (30 mph) test without Comments from manufacturers and restraint system with children weighing attaching a tether (51 FR 5335). NHTSA others on the proposal to use the 6-year- up to 18 kg (40 lb), and restraining them amended the standard because surveys old dummy in compliance tests did not with the internal 5-point harness) is that had been conducted for the agency indicate that shield boosters what the petitioner refers to as the consistently showed that tethered manufactured at the time of the ‘‘toddler mode.’’ The Breverra is also restraints were used in those vehicles rulemaking could not comply. To the designed for use as a belt-positioning without the tether strap attached more extent there were any shield boosters seat with children 14 to 27 kg (30 to 60 than 80 percent of the time. Seventy- lb). Parents are instructed to remove the eight (78) percent of persons not using 1 Calspan Corporation (DOT HS 807 297, May 5-point harness from the booster seat, the tether strap knew that its use was 1988). A detailed discussion of this study can be and to use the car’s Type II belt to necessary for their child’s protection, found in Appendix A to today’s document. restrain the child. Because seats such as but still did not attach the tether. Given 2 Because at that time only a 3-year-old dummy the Breverra are designed for use both the low level of tether strap use in was used in Standard 213’s compliance test, the boosters could meet the standard when tested with as a ‘‘toddler seat’’ and as a ‘‘belt- vehicles lacking a user-ready tether that dummy and were thus certified as complying positioning booster seat,’’ petitioner anchorage and the high level of with the standard. refers to them as ‘‘hybrid’’ restraints. awareness that the strap must be used,
VerDate 18-JUN-99 10:16 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00051 Fmt 4702 Sfmt 4702 E:\FR\FM\A07JY2.063 pfrm03 PsN: 07JYP1 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Proposed Rules 36659 the agency did not believe that a tether weighing more than 18 kg. Pre-1989 Analysis Reporting System (FARS) from strap could continue to be permitted as vehicles are at the root of the issue, 1988 through the first 6 months of 1997, a device necessary for the adequate because they typically have no Type II compared the experience of protection of children. (lap and shoulder) belts in the rear seats. unrestrained rear seat occupants to Child restraint harnesses and vests However, these vehicles are steadily some children using a lap belt only and were not affected by the rulemaking. declining in number and eventually will to other children using both lap and This is because the potential for misuse be replaced by vehicles with rear seat shoulder belts. The study found that for of harnesses and vests seemed to be Type II belts. children ages 5–14, use of a lap belt significantly less than for tethered child This document sets forth below a only while seated in a back outboard seats. With child harnesses and vests, it number of requests for comments and seat of a car is 38 percent effective in would be obvious to parents that if the data. For easy reference, the requests are reducing fatalities and use of a back seat tether were not attached, the child numbered consecutively. In providing a lap/shoulder belt is 52 percent effective would be completely unrestrained in a comment on a particular matter or in in reducing fatalities. The study shows crash. NHTSA also noted that its data responding to a particular question, that these children appear to derive the on the non-use and misuse of tethers commenters should provide any greatest incremental benefit from using did not study the extent to which the relevant factual information to support back seat lap/shoulder belts rather than tethers are improperly used on their conclusions, including but not just a lap belt when compared to the harnesses and vests. To date, harnesses limited to cost and statistical data, and other age and sex groups evaluated in and vests are tested with the tether strap the source of such information. the study. In comparison, NHTSA secured. Question 1. How Likely Are Tethers To estimates that child restraints are Be Used in Vehicles That Lack User- potentially 71 percent effective in d. The Recent Regulation Requiring reducing the likelihood of death.4 Ready Tether Anchorages? User-Ready Tether Anchorages to The same study also showed that, Improve Tether Use Will Not Apply to Tether use in vehicles not originally based on FARS and Multiple Cause of Vehicles Manufactured Before equipped with tether anchorages has Death (MCOD) data from 1988–1994, September 1999 been very low in this country. Are there children ages 5–14 do not have an To promote higher tether use, NHTSA data that show that tether use in increased risk of abdominal injuries has recently issued a final rule that vehicles not originally equipped with a compared to occupants in other age requires vehicle manufacturers to install tether anchorage will be greater than it groups. Lap belted and lap/shoulder factory-installed, user-ready tether has been in the past? belted children have abdominal injury anchorages (with hardware) in new The petitioner’s approach would rates slightly higher than unrestrained vehicles, beginning September 1, 1999. 3 delete the head excursion requirement children in frontal crashes (12 and 15 We believe, as do Canada and Australia, when the seat is tested untethered with per 100, respectively as compared to 9 that tether use improves when factory the 6-year-old dummy, i.e., in the per 100 for unrestrained). These rates installed tether anchorages are provided manner that data show the seat is likely are at or below the injury rate of lap on vehicles as standard equipment. to be used in a vehicle that did not have belted and lap/shoulder belted However, the requirement for user-ready an originally-installed tether anchorage. occupants of all ages in frontal crashes. tether anchorages applies to vehicles NHTSA conducted testing at our However, the same data indicate that manufactured on or after September 1, Vehicle Research and Test Center the head injury rate for children ages 5– 1999, and will not apply to the vehicles (VRTC) in March 1998, to evaluate the 14 in the back seat in frontal crashes that are the subject of the petition (older performance of various types of child restrained by a lap belt only is double vehicles with only lap belts in rear restraints in limiting the amount of head that (50 versus 25 per 100) of those seating positions). excursion of the 6-year-old dummy. The children restrained with a lap and test program is discussed in Appendix shoulder belt (and thus provided with II. Issues B, and a test report has been placed in upper torso protection similar to what The agency seeks comments that will the general reference docket for could be expected through the use of help it to assess whether NHTSA should Standard 213, NHTSA–99–5426. Our child restraint systems). amend Standard 213 to permit booster testing showed that untethered seats Head excursions beyond that limited seats, and possibly other child restraint were unable to meet the head excursion by Standard 213 reduce the level of systems, to be tethered in determining requirement. The seats generally performance now required by 213. compliance with the head excursion allowed between 795 and 851 mm However, some believe that using a lap requirements, and possibly with other (31.29 and 33.52 inches) of head belt without an upper torso restraint requirements as well. excursion. Nonuse of the tether will could result in ‘‘seat belt syndrome,’’ NHTSA notes that the circumstances affect the possible advantages of which refers to bruising across the that gave rise to the petition are petitioner’s suggested change. abdomen, internal injuries and lower spine fractures which, allegedly, are diminishing. Vehicles manufactured in Question 2: Is a Child Better Off in an 1989 and after are required to have Type caused mainly by a lap belt that is used Untethered Booster or Seated Directly incorrectly or that moves off the child’s II (lap and shoulder) belts installed in on the Vehicle Seat and Restrained by rear outboard seating positions, enabling pelvis during a crash. Are children a Lap Belt? Are There Alternative restrained only by a lap belt the use of belt-positioning booster seats, Approaches? with the Type II belts, for children experiencing seat belt syndrome? NHTSA’s March 1998 testing program Should we reduce the protection 3 The rule also amended Standard 213 to add a showed head excursions of the 6-year- required in the standard against head 720 millimeter (mm) (28 inch) head excursion limit old dummy of up to 851 mm (33.52 for forward-facing child restraints, which inches) for untethered restraints. Data 4 Kahane, Charles J. (1986), An Evaluation of the manufacturers may meet by attaching a tether. The are unavailable for head excursions for Effectiveness and Benefits of Safety Seats, U.S. existing 813 mm (32 inch) head excursion Department of Transportation, National Highway requirement will also have to be met, with the dummies restrained only by a lap belt. Traffic Safety Administration, DOT HS 806 889, p. tether unattached, to maximize head protection A preliminary study conducted by 305. The agency believes that this figure remains even when the tether is not attached by a consumer. NHTSA, based on data from the Fatality valid.
VerDate 18-JUN-99 10:16 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00052 Fmt 4702 Sfmt 4702 E:\FR\FM\A07JY2.065 pfrm03 PsN: 07JYP1 36660 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Proposed Rules impacts to broaden the protection acceleration limits, and the head and use with a lap belt and tether. Vests and against seat belt syndrome? knee excursion limits. Yet, the booster harnesses are ‘‘child restraint systems’’ If there were no head excursion limit was recommended for use by children under Standard 213 and are certified as when a booster seat is tested untethered only up to 18 kg (40 lb). NHTSA later meeting all requirements of the with the 6-year-old dummy, this would tested 3 other available shield-type standard. seem to require no more of booster seats booster seats using the 6-year-old The vest and harness systems employ than what is expected when the dummy dummy and found that each exceeded a top tether to meet Standard 213’s is seated directly on the vehicle seat and the 813 mm (32 inch) head excursion requirements. As explained above, restrained by just a lap belt. An limit of Standard 213. Standard 213 permits a tether on a vest alternative approach could be to NHTSA requests information, or harness system (both are referred to increase Standard 213’s head excursion particularly from child restraint as ‘‘harnesses’’ in the standard) to be limit from 813 mm (32 inches) to 838 manufacturers, concerning the reasons attached in the 48 km/h (30 mph) test, mm (34 inches) when testing a booster why shield boosters are no longer but does not allow a tether to be seat untethered with the 6-year-old marketed for children weighing more attached on a conventional child dummy. Under that approach, there than 18 kg (40 lb), especially with restraint system (such as a convertible would be a limit to head excursion, respect to those boosters that appear to child restraint or a high-back booster, even in the untethered condition. meet all performance criteria of such as the Breverra). The reason for the Comments are requested on this Standard 213. Were some manufacturers different treatment is because it is more approach. unable to certify that the seats would obvious that a tether needs to be meet Standard 213’s requirements when Question 3: Should the Test That attached with vests and harnesses than tested with the 6-year-old dummy? If Evaluates Child Restraint Performance it is with conventional child seats. If a they did so conclude, was it solely the Without Attaching the Tether Be Deleted tether were not used for a vest or head excursion requirement, or other for All Restraints, Not Just Hybrid harness, it would be clear to the parent requirements as well? Were there test Toddler/Booster Restraints? Should the that the child’s upper torso would have failures, and if so, what were the Test Be Deleted When Testing With no restraint. margins of failure? Can shield boosters Dummies Other Than the 6-Year-Old? The E–Z–On Vest is designed to slip be redesigned to achieve compliance over the child, with a back zipper If a tether were permitted to be with the standard? Why have attached when testing with the 6-year- closure. The vest is custom-made, using manufacturers not redesigned these the child’s waist measurement. E–Z– old dummy, should tethers be attached boosters to achieve compliance? with testing with the 3-year-old as well, On’s Universal Harness is in the shape such as when testing convertible child Question 5: What Is the Feasibility of of an upside down ‘‘Y.’’ There are two restraints (which are usually Redesigning Hybrid/Toddler Booster straps at the bottom of the upside down recommended for children from birth to Restraints Such That the Restraint Can ‘‘Y’’ with loops at each end, that the lap 18 kg (40 lb))? The agency believes that Be Certified for Use With Older belt is threaded through. The upper part deleting the test for these other Children, Without the Use of a Tether? of the upside down ‘‘Y’’ has a tether restraints and in tests with other NTSB hoped that NHTSA will ‘‘work hook which attaches to the vehicle’s dummies is inadvisable at this time, in with the child restraint manufacturers to tether anchor. E–Z–On has informed the absence of data indicating whether expedite efforts to provide child NHTSA that its vest and harness tethers would be properly used. restraint systems for children who have systems are readily available through its However, what reasons would justify outgrown their convertible restraint distributors. A vest or harness can be distinguishing between tether use rates systems to be used with lap-only belts.’’ shipped to the consumer within 2 among hybrid boosters and other types NHTSA requests comments on the weeks. The price of the vest is of child seats or otherwise justify why feasibility of designing a hybrid booster approximately $73 to $95, a cost a tether could be attached for some seat such that the booster can meet the comparable to that of convertible seats. restraints and not for others? current requirements of Standard 213 in The harness costs approximately $45. the ‘‘toddler mode’’ when tested with NHTSA’s March 1998 test program at Question 4: Why Are Shield Boosters No the 6-year-old dummy, and when VRTC evaluated the performance of Longer Manufactured for Children attached to the standard seat assembly various types of child restraints, Weighing over 18 kg (40 lb)? with just a lap belt and without a tether. including vests and harnesses, hybrid In the March 1998 test program at boosters and convertible restraints, in VRTC, the agency tested four currently Question 6: Is the Suggested limiting the amount of head excursion available types of shield booster seats Amendment Warranted When There Are of the 6-year-old dummy (see Appendix with the 6-year-old dummy. Two units Products Now Available for Older B). In brief, the tethered vest and of one of these shield boosters were Children That May Perform Better Than harness performed much better than the tested, and in each instance, they a Tethered Seat at Limiting Head tethered hybrid booster or tethered appeared to meet all performance Excursion? convertible restraint at limiting head criteria of Standard 213, including the E–Z–On Products, Inc., manufactures excursion. Test data for the tethered head injury criterion (HIC), chest vest and harness restraint systems for restraints were as follows:
TABLE 1.ÐSummary of Sled Test Results for Tethered Restraints
Head excur- Knee excur- Restraint configuration HIC 3 ms chest sion sion Test No. clip (G) (mm) (mm)
FMVSS No. 213 limit ...... 1000 60 813 914 Century Breverra Contour/5-pt. Harness Lap Belt w/Top Tether ...... 332 38.9 760.22 904.49 UMP03 Century Breverra Contour/5-pt. Harness Lap Belt w/Top Tether ...... 307 40.5 718.82 880.62 UMP05 E±Z ON 86±Y Harness Lap Belt w/Top Tether ...... 463 52.5 495.30 540.26 UMP07
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TABLE 1.ÐSummary of Sled Test Results for Tethered RestraintsÐContinued
Head excur- Knee excur- Restraint configuration HIC 3 ms chest sion sion Test No. clip (G) (mm) (mm)
E±Z ON 103Z Vest Lap Belt w/Top Tether ...... 702 59.3 558.29 635.76 UMP08 E±Z ON 86±Y Harness Lap Belt w/Top Tether ...... 461 52.9 473.71 539.75 UMP09 Britax Roundabout Lap Belt w/Top Tether ...... 270 42.3 622.55 798.83 UMP11 Britax Roundabout Lap Belt w/Top Tether ...... 303 43.4 574.04 736.09 UMP13 Britax Elite Lap Belt w/Top Tether ...... 554 51.2 640.08 782.32 UMP15 Britax Elite Lap Belt w/Top Tether ...... 614 58.9 580.39 719.84 UMP17
Based on this test program, NHTSA Question 7: Would Adoption of the benefits associated with this option as believes that vests and harnesses could Suggested Amendment Inappropriately described above, we have suggested this address petitioner’s concerns and those Encourage Some Parents To Position approach to many consumers who have of the other parties. The E–Z–On Vest, Restraints in the Center Rear Seating contacted the agency in search of with a back zipper closure, could Position? alternatives. The majority of these address AAP’s desire for a product that Petitioner only addressed the need of consumers were unaware that vehicle can restrain young toddlers who have consumers with pre-1989 cars, but manufacturers offered such retrofit kits, reached 18 kg (40 lb), but who are too adoption of the suggested amendment and were generally very receptive to immature behaviorally to use Type II could also affect the preference of having the retrofit kits installed in their belts. There may be perceived parents who wish to install a booster vehicles. A minority expressed drawbacks to vests and harnesses. A seat in the center rear position. The reservations given the disproportionate vest may not be as convenient as a center rear position typically has only a cost of the retrofit kit parts and installation when compared to the hybrid booster. The vest wraps around Type I (lap) belt, not a Type II (lap and limited value of their older vehicle. the child’s torso and has to be shoulder) belt system. Some of these unclipped from the tether mounting parents may welcome having booster III. Comments strap to be placed on a child. Also, vests seats that can be used in the center rear seat with only a Type I belt. However, How Do I Prepare and Submit and harnesses do not ‘‘look like’’ optimal performance of the restraint is Comments? traditional child restraint systems so dependent on attachment of the tether. they might not be as readily accepted by Your comments must be written and An untethered seat in the center rear in English. To ensure that your some consumers as a tethered hybrid seat is not likely to perform as seat might be. Yet, owners of older comments are correctly filed in the effectively as an untethered belt- Docket, please include the docket vehicles who are seeking any product to positioning booster used at the outboard number of this document in your fix a perceived problem concerning seating position with a Type II belt comments. their youngsters may be more motivated system. Would the suggested Your comments must not be more to accept a harness than consumers amendment encourage consumers to than 15 pages long. (49 CFR 553.21). We generally. move belt-positioning seats from established this limit to encourage you NTSB did not support measures that outboard seating positions to the center to write your primary comments in a required use of a tether, given the high rear seat? How likely will consumers concise fashion. However, you may non-use rates of tethers in this country. attach a tether 5 when using the seat attach necessary additional documents Yet, the likelihood that parents will with children weighing more than 18 kg to your comments. There is no limit on attach the tether on a harness could be (40 lb)? the length of the attachments. higher than that for conventional child Question 8: What Is the Feasibility of Please submit two copies of your seats, given that it would be more Retrofitting a Rear Seat Shoulder Belt in comments, including the attachments, obvious to a parent that the tether has Pre-1989 Vehicles? to Docket Management at the address given above under ADDRESSES. to be attached on a vest or harnesses Retrofitting vehicles with a rear seat than on a restraint such as a hybrid shoulder belt is another option. While How Can I Be Sure That My Comments booster, which would be designed to be this approach is more expensive than Were Received? used both with and without a tether, installing a tether anchorage (assuming If you wish Docket Management to depending on the size of the child there are structural elements for the notify you upon its receipt of your occupant. tether anchorage already in the vehicle), comments, enclose a self-addressed, While the hybrid booster might be a shoulder belt can benefit children who stamped postcard in the envelope preferred by some consumers over a vest have completely outgrown a child containing your comments. Upon or harness because of the expectations restraint, and can also benefit adults, receiving your comments, Docket of consumers as to what a child restraint seated in the rear. Many vehicle Management will return the postcard by system ought to look like, an untethered manufacturers offer shoulder belt kits mail. hybrid booster does not restrict head for rear seating positions, although availability and cost of these kits vary How Do I Submit Confidential Business excursion as well as a tethered vest or widely. Because of the long term Information? harness. If you wish to submit any information 5 Our March 1999 final rule excludes belt- under a claim of confidentiality, you positioning seats from the head excursion limit that requires a tether on the child restraint. Thus, a belt- should submit three copies of your positioning seat that is not also a hybrid toddler complete submission, including the seat might not even have a tether. information you claim to be confidential
VerDate 18-JUN-99 10:16 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00054 Fmt 4702 Sfmt 4702 E:\FR\FM\A07JY2.068 pfrm03 PsN: 07JYP1 36662 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Proposed Rules business information, to the Chief Appendix A—Calspan Study Booster Seat Suitability for Children of Different Ages and Comparison of Standard Counsel, NHTSA, at the address given Both of the rules that amended above under FOR FURTHER INFORMATION and Modified SA103C and SA106C Child Standard 213 to permit the manufacture Dummies,’’ VRTC–89–0074, February 1990. CONTACT. In addition, you should of belt-positioning booster seats and to submit two copies, from which you adopt new test dummies into the Appendix B—NHTSA Test Program have deleted the claimed confidential standard for compliance tests responded NHTSA developed and conducted a test business information, to Docket to sections 2500–2509 of the Intermodal program at VRTC from March 16–20, 1998, Management at the address given above Surface Transportation Efficiency Act of to evaluate the performance of various types under ADDRESSES. When you send a 1991 (Pub. L. 102–240), which directed of child restraints in restricting the amount comment containing information NHTSA to initiate rulemaking on a of head excursion of the 6-year-old dummy. In developing this test program, NHTSA claimed to be confidential business number of safety matters, including information, you should include a cover asked child restraint manufacturers and the child booster seat safety (§ 2503). The NTSB for suggestions as to which approaches letter setting forth the information legislative history for the directive specified in our confidential business and products should be evaluated. One indicated that the directive evolved in objective of this test program was to obtain information regulation. (49 CFR part large part from the findings of a study baseline information on the dynamic 512.) entitled, ‘‘Evaluation of the Performance performance of a ‘‘typical’’ shield-type Will the Agency Consider Late of Child Restraint Systems,’’ performed booster seat, tested with the 6-year-old for NHTSA by the Calspan Corporation dummy while secured to the vehicle seat by Comments? a lap belt only. It is the presumed inability (DOT HS 807 297, May 1988). Congress of this type of seat to meet the 813 mm (32 We will consider all comments that believed that the study showed that Docket Management receives before the inch) head excursion requirement of some booster seats ‘‘may not restrain Standard 213 that has apparently resulted in close of business on the comment adequately a child in a crash . . . .’’ child restraint manufacturers limiting these closing date indicated above under Senate Committee on Commerce, restraints to use for children weighing no DATES. To the extent possible, we will Science, and Transportation, S. Rep. No. more than 18 kg (40 lb). Pre-test discussions also consider comments that Docket 83, 102d Cong., 1st Sess. 6, 18 (1991). with restraint manufacturers confirmed that Management receives after that date. Concerns about shield boosters had Standard 213’s head injury criterion (HIC), chest acceleration, and knee excursion How Can I Read the Comments arisen from the recommendations by parameters did not pose concerns when Submitted by Other People? child restraint manufacturers about testing this type of restraint with the 6-year- which children could appropriately use old dummy. Rather, because of the increase You may read the comments received a particular booster. Particular designs in height and weight of the 6-year-old by Docket Management at the address or models of boosters were typically dummy as compared to the 3-year-old given above under ADDRESSES. The recommended for a broad range of dummy—1168 versus 965 mm standing hours of the Docket are indicated above children, often for children weighing height (46 versus 38 inches), and 22 versus in the same location. from 9 to 32 kg (20 to 70 lb). At the time 15 kg in weight (48 versus 33 lb)—the shield You may also see the comments on of the study, such a child restraint was portion of the restraint apparently does not the Internet. To read the comments on provide adequate upper torso restraint to tested for compliance with Standard 213 limit the head excursion within acceptable the Internet, take the following steps: with just the 3-year-old (15 kg) (33 limits when subjected to Standard 213’s (2) Go to the Docket Management pound) dummy. So tested, these dynamic test. NHTSA chose the Cosco Grand System (DMS) Web page of the restraints met Standard 213. However, Explorer as a representative shield-type Department of Transportation (http:// there were questions whether the booster for this baseline test. dms.dot.gov/). boosters could provide adequate The test program also evaluated a representative high-back belt-positioning (3) On that page, click on ‘‘search.’’ protection for children at the extremes of the weight ranges that had been booster seat, utilizing its internal 5-point (4) On the next page (http:// harness, secured to the vehicle seat by a lap dms.dot.gov/search/), type in the four- recommended by the manufacturer as belt and a top tether. This represents the digit docket number shown at the being suitable for the restraint, i.e., specific configuration recommended in the beginning of this document. Example: If those ranging from nine-month-old Weber petition. NHTSA chose the Century the docket number were ‘‘NHTSA– infants (average weight 9 kg) to 6-year- Breverra, which comes with an optional top 1999–1234,’’ you would type ‘‘1234.’’ old (22 kg) and older children. tether, as a representative seat for the test After typing the docket number, click on In the Calspan program, the nine-month- program. old infant and the 6-year-old child dummies NHTSA also tested a few convertible seats. ‘‘search.’’ were used in addition to the 3-year-old Pre-test conversations with restraint (5) On the next page, which contains dummy. The Calspan research program manufacturers indicated that there may be docket summary information for the tested all 11 models of booster seats that were some convertible restraints that are equipped docket you selected, click on the desired on the market during the summer of 1987. In with tethers that may also perform comments. tests with the 6-year-old dummy, Standard adequately when attached to the vehicle seat You may download the comments. 213’s 813 mm (32 inch) head excursion limit with a lap belt only, when restraining the 6- was exceeded by 10 out of 11 booster seat year-old dummy. Not all convertibles are However, since the comments are models, with measurements in the range equipped with a top tether strap, and not all imaged documents, instead of word from 813 to 899 mm (32.0 to 35.4 inches). convertible seats will be able to processing documents, the downloaded One model ejected the dummy. accommodate the 6-year-old dummy. Britax comments are not word searchable. Following the Calspan study, NHTSA Child Safety, Inc. indicated that they Please note that even after the conducted additional research on boosters. currently manufacture two convertible comment closing date, we will continue Nine booster seats were tested with the three restraints, the ‘‘Roundabout’’ which comes to file relevant information in the dummies used in the Calspan study. The with a standard top tether, and the ‘‘Elite’’ seats met the performance measures of which comes with an optional top tether Docket as it becomes available. Further, Standard 213 when tested with the 3-year-old attachment, which they felt would perform some people may submit late comments. dummy. However, 7 of 9 allowed excessive satisfactorily in a crash test with the 6-year- Accordingly, we recommend that you head excursions with the 6-year-old dummy, old dummy with the restraint secured to the periodically check the Docket for new and two of the seats also had structural vehicle seat by a lap belt and top tether. material. failures with the dummy. ‘‘Evaluation of Accordingly, NHTSA included each of these
VerDate 18-JUN-99 10:16 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00055 Fmt 4702 Sfmt 4702 E:\FR\FM\A07JY2.069 pfrm03 PsN: 07JYP1 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Proposed Rules 36663 convertible restraints in the subject test The dynamic sled tests were conducted at Grand Explorer restraints were tested, but on program. NHTSA’s Vehicle Research and Test Center, the same sled run versus separate sled runs Currently, the only commercially available (VRTC), and were based on the test as with the other restraints. products that are marketed specifically for conditions and procedures prescribed in S6 All tests were conducted using the 6-year- children weighing over 18 kg (40 lb) and of Standard No. 213. However, it must be old dummy, and each of the restraints— secured with a lap belt only are the Y-harness emphasized that this test program was and vest systems produced by E–Z On intended for research only and did not whether tethered or untethered—was Products. Both of these systems require the precisely replicate compliance testing. The attached to the vehicle test seat using a lap use of a top tether. The Y-harness system VRTC tests evaluated the ability of the belt only. Standard 213’s limits are as consists of two shoulder straps which extend restraints at limiting head excursion, HIC, follows: HIC—1000; chest acceleration—60g; from the top tether anchorage, with looped chest acceleration, and knee excursion. The head excursion—813 mm (32 inches); and ends to allow the vehicle lap belt to be routed test conditions were fixed throughout the knee excursion—914 mm (36 inches). The through and fastened over the pelvic area. sled test series, with the only variable being full test results are provided in Table 2. It is Similarly, the tether strap is attached to the the particular restraint being tested and its important to note that in each of the tests vest system by attaching the two snap hooks attachment method (i.e. tethered or conducted, values for both the HIC and chest on end of the tether strap to rings located on untethered). With the exception of the the shoulders of the vest, and the vehicle lap baseline test utilizing the Cosco Grand acceleration parameters were typically belt is threaded through the web loops on the Explorer shield booster seat, each restraint significantly below the established limits bottom of each side of the vest. Both the Y- was tested in each attachment configuration prescribed in Standard 213 and that none harness and the vest systems were included on two separate sled runs to enhance the exceeded the maximum allowable limits. in the test program for evaluation. repeatability of the test results. Two Cosco
TABLE 2.ÐSUMMARY OF SLED TEST RESULTS FOR ALL RESTRAINTS
Head excur- Knee excur- Restraint configuration HIC 3 ms chest sion sion Test No. clip (G) (mm) (mm)
FMVSS No. 213 limit ...... 1000 60 813 914 Cosco Grand Explorer Lap Belt w/Sm. Shield ...... 424 32.9 697.74 614.17 UMP01 Cosco Grand Explorer Lap Belt w/Sm. Shield ...... 417 32.2 748.79 660.15 UMP02 Century Breverra Contour/5-pt. Harness Lap Belt w/ Top Tether ...... 332 38.9 760.02 904.49 UMP03 Century Breverra Contour/5-pt. Harness Lap Belt; No Top Tether .... 273 30.8 851.41 925.83 UMP04 Century Breverra Contour/5-pt. Harness Lap Belt w/ Top Tether ...... 307 40.5 718.82 880.62 UMP05 Century Breverra Contour/5-pt. Harness Lap Belt; No Top Tether * .. 243 50.2 NA NA UMP06 E±Z ON 86±Y Harness Lap Belt w/Top Tether ...... 463 52.5 495.30 540.26 UMP07 E±Z ON 103Z Vest Lap Belt w/Top Tether ...... 702 59.3 558.29 635.76 UMP08 E±Z ON 86±Y Harness Lap Belt w/Top Tether ...... 461 52.9 473.71 539.75 UMP09 E±Z ON 103Z Vest Lap Belt w/Adj. CAM-Wrap ...... 315 35.9 713.23 597.92 UMP10 Britax Roundabout Lap Belt w/Top Tether ...... 270 42.3 622.55 798.83 UMP11 Britax Roundabout Lap Belt; No Top Tether ...... 477 39.3 810.26 895.60 UMP12 Britax Roundabout Lap Belt w/Top Tether ...... 303 43.4 574.0 736.09 UMP13 Britax Roundabout Lap Belt; No Top Tether ...... 425 36.1 794.77 864.36 UMP14 Britax Elite Lap Belt w/Top Tether ...... 554 51.2 640.08 782.32 UMP15 Britax Elite Lap Belt; No Top Tether ...... 377 39.2 820.17 867.66 UMP16 Britax Elite Lap Belt w/Top Tether ...... 614 58.9 580.39 719.84 UMP17 Britax Elite Lap Belt; No Top Tether ...... 377 43.1 821.69 878.08 UMP18 Century Breverra Contour/5-pt. Harness Lap Belt; No Top Tether 299 31.2 843.79 917.96 UMP19 (Repeat of UMP06). (Repeat of UMP06) * HIC based on head contact w/CRS as dummy slipped out of failed 5-pt. harness.
While NHTSA anticipated that shield-type inches), and knee excursion was measured to performs marginally better (on average) with boosters could not meet the 32-inch head be below the 914 mm (36 inch) limit respect to limiting head excursion and excursion limit of the standard when tested (although only marginally so in one instance significantly better with respect to limiting with the 6-year-old dummy, test results (904.49 mm) (35.61 inches)). However, in knee excursion than the hybrid booster. showed that when tested in this each of the test runs conducted using the Two convertible restraints were evaluated configuration, the Cosco Grand Explorer untethered configuration, head and knee in the same manner, first with a top tether shield booster seats used for the baseline excursions beyond the respective 813 and strap attached and then without. In the testing satisfactorily limited head excursion 914 mm (32 and 36 inch) limits were tethered configuration, the Britax to under 762 mm (30 inches) in both measured, with marginal reductions in both Roundabout limited head excursion to 622.3 instances. In addition, knee excursion was the HIC and chest acceleration parameters. It and 574.04 mm (24.5 and 22.6 inches) in the measured to be 254 to 279 mm (10–11 should be noted that a total of three test runs two tests performed, well below the 813 mm inches) below the 914 mm (36 inch) limit. was conducted using the untethered (32 inch) limit prescribed in the standard and These test results are in direct contrast with configuration, as the test dummy slipped out also well below the results observed in the the Calspan and VRTC studies (see Appendix of the child restraint during the second test baseline test with the shield-type booster. A, supra) conducted in support of NHTSA’s run due to a failure of the 5-point harness, Knee excursion measurements were also well ISTEA rulemakings on booster seats. voiding the measurement of head and knee below the established limit. However, Following conduct of the baseline test with excursion. Interestingly, a comparison whereas the untethered hybrid toddler/ the shield-type booster seat, the agency tested between the untethered shield-type booster booster restraint configuration resulted in the hybrid boosters and the convertible seats used in the baseline testing and the tethered unacceptable head and knee excursions, the both with and without the top tether strap. hybrid booster (forward facing with internal untethered Roundabout configuration limited In the tethered configuration, head excursion harness/high-back belt-positioning booster) both head and knee excursion within was measured to be below 762 mm (30 indicates that the untethered shield booster acceptable limits (although only marginally
VerDate 18-JUN-99 10:16 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00056 Fmt 4702 Sfmt 4702 E:\FR\FM\A07JY2.070 pfrm03 PsN: 07JYP1 36664 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Proposed Rules with respect to head excursion in the first inches) on the two tests, or approximately 33 manufacturers are not currently marketing test at 810.26 mm (31.90 inches)). percent below the 813 mm limit prescribed shield-type booster seats for children over 18 Additionally, while the untethered hybrid in the standard, and significantly below the kg due to an inability to meet the head toddler/booster restraint tests resulted in other tethered systems. Knee excursion was excursion requirement when testing with the reduced HIC and chest acceleration also limited to values well below established 6-year-old dummy, NHTSA chose to include measurements, the untethered Roundabout limits. only one representative shield-type booster tests resulted in reduced chest acceleration E–Z On markets two different styles of the seat (the Cosco Grand Explorer) to serve as measurements but increased HIC values. vest system. The first is an adjustable vest, a baseline test for the current test program. The second convertible restraint, the Britax which can be adjusted for fit as the child However, given the favorable results with Elite, demonstrated similar results. In the grows via three different zipper locations on tethered configuration, head excursion was the back of the vest. This was not used in this respect to both head and knee excursion limited to 640.08 and 580.39 mm (25.2 and test program, as the vest, when configured in parameters seen with this seat as noted 22.85 inches) in the two tests performed, its smallest size, was still too large to above, NHTSA conducted a second set of again well below the 813 mm limit properly fit the 6-year-old test dummy. E–Z testing to evaluate three other currently prescribed in the standard and also well On also manufactures sized vests, provided available shield-type booster seats (the Gerry below the results observed in the baseline to the consumer based on anatomical Double Guard, Evenflo Sidekick, and Fisher test with the shield-type booster. Knee measurements of the child as provided to E– Price T-Shield). As before, each seat was excursion measurements were also well Z On. NHTSA utilized a fitted vest in this tested twice, on separate test runs, to below the established limit. However, each of testing program, although it should be noted enhance the repeatability of the test results. the tests conducted in the untethered that the vest provided by the manufacturer In each instance, the measured head configuration resulted in head excursion for this testing was very tight on the 6-year- excursion significantly exceeded the 813 mm measurements that marginally (820.02 and old dummy, and the next larger size would (32 inch) limit of Standard 213, ranging from 821.69 mm) (32.29 and 32.35 inches) exceed likely have provided a better fit. The E–Z On 876.3 to 1016 mm (34.5 to 40.0 inches). Full the 813 mm limit, while knee excursion vest system was tested utilizing a top tether test results are provided in Table 3. These measurements remained within acceptable strap. The head and knee excursion values results more closely parallel those recorded limits. were both well below established limits. The The two different E–Z On products, the Y- chest acceleration was 59.3 g, marginally in the earlier tests conducted by Calspan and harness and the vest, are the only products below the limit of 60 g. This high value for VRTC. Physical examination of each of the currently marketed for children over 18 kg chest acceleration may be partially four shield-type booster seats tested in this (40 lb) that do not require the use of a attributable to the very snug fit of the vest on test program revealed no obvious, shoulder harness to attach to the vehicle. the test dummy. discernable variations in construction, i.e., Both of these systems require the use of a Given the excessive head excursion height of the shield, etc., that would explain tether. Test results show that the Y-harness measured in 17 of the 20 tests performed in the difference in performance of the Cosco system dramatically limited head excursion the Calspan and VRTC studies, combined Grand Explorer versus the others with to 495.3 and 473.71 mm (19.5 and 18.65 with the assumption that child restraint respect to head excursion.
TABLE 3.ÐADDITIONAL SHIELD BOOSTER TESTS
Head excur- Knee excur- Restraint configuration HIC 3 ms chest sion sion Test No. clip (G) (mm) (mm)
FMVSS No. 213 limit ...... 1000 60 813 914 Gerry Double Guard Lap Belt w/sm. Shield ...... 748 35.8 979.9 825.5 UMP21 Evenflo Sidekick Lap Belt w/sm. Shield ...... 721 37.8 873.8 762.0 UMP22 Fisher Price T-Shield Lap Belt w/sm. Shield ...... 349 26.1 927.1 767.1 UMP23 Evenflo Sidekick Lap Belt w/sm. Shield ...... 820 35.9 876.3 749.3 UMP24 Gerry Double Guard Lap Belt w/sm. Shield ...... 780 34.6 1016 838.2 UMP25 Fisher Price T-Shield Lap Belt w/sm. Shield ...... 525 31.5 955.0 784.9 UMP26
Issued on June 29, 1999. L. Robert Shelton, Associate Administrator for Safety Performance Standards. [FR Doc. 99–17235 Filed 7–6–99; 8:45 am] BILLING CODE 4910±59±P
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Notices Federal Register Vol. 64, No. 129
Wednesday, July 7, 1999
This section of the FEDERAL REGISTER letter, fax or internet) no later than 12 Agriculture or his designee, and a Vice contains documents other than rules or noon, July 16, 1999, in order to be Chair shall be selected from among the proposed rules that are applicable to the included on the agenda. Presenters will members who are not Federal officers or public. Notices of hearings and investigations, be approved on a first-come basis. The employees. In the absence of the Chair, committee meetings, agency decisions and request should identify the name and the Vice Chair will act in his stead. rulings, delegations of authority, filing of petitions and applications and agency affiliation of the individual who will Administrative staff support essential to statements of organization and functions are make the presentation and an outline of the execution of the Commission’s examples of documents appearing in this the issues to be addressed. Thirty-five responsibilities shall be provided by section. copies of any written presentation USDA, FSA. material shall be given to the Executive Commission members specifically Director by all presenters no later than cited in Public Law 105–199 include the DEPARTMENT OF AGRICULTURE the time of the presentation for Secretaries of Agriculture, Interior, distribution to the Commission and the Army, and Commerce, the Director of Farm Service Agency interested public. Oral presentations the Federal Emergency Management will be limited to 5 minutes. Those Agency, and the Administrator of the National Drought Policy Commission wishing to testify, but who are unable to Small Business Administration; two AGENCY: Farm Service Agency, USDA. notify the Commission office by July 16, persons nominated by the National 1999, will be able to sign up as a Governors’ Association, a person ACTION: Notice of Commission meeting and public hearing and request for presenter the day of the hearing (July nominated by the National Association 23) between 9:00 a.m. and 11:30 a.m. comments. of Counties, and a person nominated by These presenters will testify on a first- the Conference of Mayors. Those four SUMMARY: The National Drought Policy come, first-served basis and comments members are to be appointed by the Act of 1998 (Pub. L. 105–199) and will be limited based on the time President. Six additional Commission Departmental Regulation No. 1042–131 available and the number of presenters. members have been appointed by the established the National Drought Policy Written statements will be accepted at Secretary of Agriculture, in coordination Commission (Commission). The Farm the meeting, or may be mailed or faxed with the Secretary of the Interior and Service Agency (FSA) was identified to to the Commission office. Comments the Secretary of the Army. The six at- provide support to the Commission. The must be received by September 17, large members represent groups acutely Commission shall conduct a thorough 1999. affected by drought emergencies, such study and submit a report to the ADDRESSES: Comments and statements as the agricultural production President and Congress on national should be sent to Leona Dittus, community, the credit community, rural drought policy. This notice seeks Executive Director, National Drought and urban water associations, Native comments on issues that the Policy Commission, U.S. Department of Americans, and fishing and Commission should address and Agriculture, 1400 Independence environmental interests. recommendations that the Commission Avenue, SW, Room 6701–S, STOP 0501, If special accommodations are should consider as part of its report. The Washington, DC 20250–0501. required, please contact Leona Dittus, at first meeting of the Commission will be FOR FURTHER INFORMATION CONTACT: the address specified above, by COB held July 22, 1999, and the first public Leona Dittus, Executive Director, July 16, 1999. hearing will be held July 23, 1999. All National Drought Policy Commission, at Signed at Washington, DC on July 1, 1999. meetings are open to the public; the address above or telephone (202) Parks Shackelford, however, seating is limited and 720–3168; FAX (202) 720–4293; internet l Acting Administrator, Farm Service Agency. available on a first-come basis. Leona [email protected]. [FR Doc. 99–17216 Filed 7–6–99; 8:45 am] SUPPLEMENTARY INFORMATION DATES: The Commission will meet on : The BILLING CODE 3410±05±P July 22, 1999, from 10:00 a.m. to 4:00 purpose of the Commission is to provide p.m. in the Williamsburg Room, Jamie advice and recommendations to the L. Whitten Building, 12th and Jefferson President and Congress on the creation DEPARTMENT OF AGRICULTURE Drive, SW, Washington, DC. All times of an integrated, coordinated Federal noted are Eastern Daylight Time. The policy, designed to prepare for and Forest Service first part of the meeting will be devoted respond to serious drought emergencies. to the organization of the Commission. Tasks for the Commission include Newspapers Used for Publication of The remainder of the meeting will be developing recommendations that will Legal Notice, Comment and Appeal of dedicated to informational presentations (a) better integrate Federal laws and Decisions for Pacific Northwest and committee business. programs with ongoing State, local, and Region, Oregon and Washington The Commission will conduct a tribal programs (b) improve public AGENCY: Forest Service, USDA. public hearing on July 23, 1999, from awareness of the need for drought ACTION: Notice. 9:00 a.m. to 5:00 p.m. in the Jefferson mitigation, prevention, and response Auditorium, South Agriculture and (c) determine whether all Federal SUMMARY: On June 2, 1998, the Forest Building, 1400 Independence Avenue, drought preparation and response Service published a listing of the SW, Washington, DC. Anyone wishing programs should be consolidated under newspapers that would be used by all to make an oral presentation to the one existing Federal agency, and, if so, Ranger Districts, Forests, and the Commission must contact the Executive identify the agency. The Commission Regional Office of the Pacific Northwest Director, Leona Dittus, in writing (by will be chaired by the Secretary of Region to publish legal notice of all
VerDate 18-JUN-99 11:38 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\A07JY3.052 pfrm03 PsN: 07JYN1 36666 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Notices decisions subject to appeal under 36 Affected Public: Individuals and Finland. A telephone conversation on CFR parts 215 and 217 and to publish companies. May 17, 1999, with counsel on behalf of notice for public comment and notice of Frequency: Annually. all other petitioners (Inland Steel decisions subject to the provisions of 36 Respondent’s Obligation: Required to Industries, Inc., LTV Steel Company, CFR part 215. That notice was to inform obtain a benefit. Inc., National Steel Corporation, AK interested members of the public which OMB Desk Officer: Peter Weiss, (202) Steel Corporation, Gulf States Steel Inc. newspapers would be used to publish 395–3630. of Alabama, Sharon Steel Corporation, the legal notice for public comment and Copies of the above information and WCI Steel Inc.) confirmed decision. This allows the public to collection proposal can be obtained by petitioners’ lack of interest in the receive constructive notice of decisions, calling or writing Linda Engelmeier, continuation of the AD and CVD orders to provide clear evidence of timely DOC Forms Clearance Officer, (202) with respect to the subject merchandise notice, and to achieve consistency in 482–3272, Department of Commerce, defined in the Scope of the Review administering the appeal process. There Room 5327, 14th and Constitution section below (See Memorandum to the is no change to the listing of newspapers Avenue, NW, Washington, DC 20230 (or File). published in the June 2, 1998 Federal via the Internet at [email protected]). Interested parties are invited to Register (63 FR 29971). Written comments and comment on these preliminary results. FOR FURTHER INFORMATION CONTACT: recommendations for the proposed FOR FURTHER INFORMATION CONTACT: Roger Ogden, Acting Regional Appeals information collection should be sent by Linda Ludwig (AD reviews on Finland Coordinator, Pacific Northwest Region, July 9, 1999, to Peter Weiss, OMB Desk and the United Kingdom), James Doyle P.O. Box 3623, Portland, Oregon 97208– Officer, 725 17th Street, NW, or Becky Hagen (AD review on 3623, phone: (503) 808–2426. Washington, DC 20501. Germany), Robert Copyak (CVD reviews on Germany and the United Kingdom), Dated: June 30, 1999. Dated: June 29, 1999. Import Administration, International Roy Roosevelt, Linda Engelmeier, Trade Administration, U.S. Department Acting Deputy Regional Forester. Departmental Forms Clearance Officer, Office of Commerce, 14th Street and [FR Doc. 99–17126 Filed 7–6–99; 8:45 am] of the Chief Information Officer. Constitution Avenue, N.W., Washington [FR Doc. 99–17138 Filed 7–6–99; 8:45 am] BILLING CODE 3410±11±M D.C. 20230; telephone (202) 482–3833, BILLING CODE 3510±18±U (202) 482–0159, (202) 482–1102, or (202) 482–2209, respectively. DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: DEPARTMENT OF COMMERCE Submission for OMB Review; Applicable Statute and Regulations International Trade Administration Comment Request Unless otherwise indicated, all [A±412±814, A±428±816, A±405±802, C±412± citations to the statute are references to The Department of Commerce (DOC) 815, C±428±817] the provisions effective January 1, 1995, has submitted to the Office of the effective date of the amendments Management and Budget (OMB) for Certain Cut-to-Length Carbon Steel made to the Tariff Act of 1930 (the Act) clearance the following proposal for Plate From Finland, Germany and the by the Uruguay Round Agreements Act collection of information under the United Kingdom: Notice of Initiation (URAA). In addition, unless otherwise provisions of the Paperwork Reduction and Preliminary Results of Changed indicated, all citations to the Act (44 U.S.C. Chapter 35). This request Circumstances Antidumping Duty and Department’s regulations are to the is being submitted under the emergency Countervailing Duty Reviews, and regulations at 19 CFR part 351. processing procedures of the Paperwork Intent To Revoke Orders in Part Reduction Act. Background AGENCY: Agency: Technology Administration. Import Administration, On August 17, 1993, the Department Title: National Medal of Technology. International Trade Administration, published the CVD orders on certain Agency Form Number: None. Department of Commerce. cut-to-length carbon steel plate from OMB Approval Number: 0692–0001. ACTION: Notice of initiation and Germany and the United Kingdom (58 Type of Request: Revision of a preliminary results of changed FR 43756 and 43748, respectively). On currently approved collection— circumstances antidumping duty and August 19, 1993, the Department Emergency Clearance Request. countervailing duty reviews, and intent published the AD orders on certain cut- Burden: 2,550 hours. to revoke orders in part. to-length carbon steel plate from Needs and Uses: The National Medal Finland, Germany and the United EFFECTIVE DATE: July 7, 1999. of Technology is the highest honor Kingdom (58 FR 44165, 44170, and bestowed by the President to America’s SUMMARY: On May 12, 1999, the 44168, respectively). leading innovators. The Medal is given Department of Commerce (the On May 12, 1999, Bethlehem Steel to individuals, teams, or companies for Department) received a request on and U.S. Steel, petitioners, requested accomplishments in the innovation, behalf of Bethlehem Steel Corporation partial revocation of the AD and CVD development, commercialization, and and U.S. Steel Group—A Unit of USX orders pursuant to section 751(d)(1) of management of technology, as Corporation (Bethlehem & U.S. Steel), the Act, with respect to specific carbon evidenced by the establishment of new petitioners in these cases, for changed steel plate imports from the United or significantly improved products, circumstances antidumping (AD) and Kingdom, Germany and Finland processes, or services. This collection is countervailing duty (CVD) reviews and described below. being revised to include a ‘‘new’’ an intent to revoke in part the AD and nomination category for ‘‘environmental CVD orders with respect to specific cut- Scope of the Review technology.’’ The information provided to-length carbon steel plate from The products covered by these AD/ is used by the Nomination Evaluation Germany and the United Kingdom and CVD orders constitute one ‘‘class or Committee in determining the merit and the AD order with respect to specific kind’’ of merchandise: certain cut-to- eligibility of nominees. cut-to-length carbon steel plate from length carbon steel plate. These
VerDate 18-JUN-99 16:00 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\07JYN1.XXX pfrm08 PsN: 07JYN1 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Notices 36667 products include hot-rolled carbon steel with respect to the cut-to-length carbon unliquidated entries of the specific universal mill plates (i.e., flat-rolled steel plate subject to these requests. carbon steel plate covered by these products rolled on four faces or in a Section 782(h)(2) of the Act and section requests from Finland, Germany and the closed box pass, of a width exceeding 351.222(g)(1)(i) of the Department’s United Kingdom. The current 150 millimeters but not exceeding 1,250 regulations provide that the Department requirement for a cash deposit of millimeters and of a thickness of not may revoke an order (in whole or in estimated AD and CVD duties on all less than 4 millimeters, not in coils and part) if it determines that producers subject merchandise will continue without patterns in relief), of accounting for substantially all of the unless and until it is modified pursuant rectangular shape, neither clad, plated production of the domestic like product to the final results of these changed nor coated with metal, whether or not have no further interest in the order, in circumstances reviews. painted, varnished, or coated with whole or in part. In addition, in the This initiation of review and notice plastics or other nonmetallic substances; event the Department determines that are in accordance with sections 751(b) and certain hot-rolled carbon steel flat- expedited action is warranted, section of the Act (19 U.S.C. 1675(b)) and 19 rolled products in straight lengths, of 351.221(c)(3)(ii) of the regulations CFR 351.216, 351.221, and 351.222. rectangular shape, hot rolled, neither permits the Department to combine the Dated: June 25, 1999. clad, plated, nor coated with metal, notices of initiation and preliminary Richard W. Moreland, whether or not painted, varnished, or results. Acting Assistant Secretary for Import coated with plastics or other In accordance with section 751(b) of Administration. the Act and sections 351.222(g)(l)(i) and nonmetallic substances, 4.75 [FR Doc. 99–17221 Filed 7–6–99; 8:45 am] millimeters or more in thickness and of 351.221(c)(3) of the Department’s a width which exceeds 150 millimeters regulations, we are initiating these BILLING CODE 3510±DS±P and measures at least twice the changed circumstances reviews and thickness, as currently classifiable in the have determined that expedited action DEPARTMENT OF COMMERCE Harmonized Tariff Schedule (HTS) is warranted. Our decision to expedite under item numbers 7208.40.3030, these reviews stems from the domestic International Trade Administration 7208.40.3060, 7208.51.0030, industry’s lack of interest in applying 7208.51.0045, 7208.51.0060, the AD and CVD orders to the specific [A±401±040] 7208.52.0000, 7208.53.0000, carbon steel plate covered by these Stainless Steel Plate From Sweden: 7208.90.0000, 7210.70.3000, requests. Notice of Preliminary Results of Based on the expression of no interest 7210.90.9000, 7211.13.0000, Antidumping Duty Administrative by petitioners and absent any objection 7211.14.0030, 7211.14.0045, Review 7211.90.0000, 7212.40.1000, by any other domestic interested parties, 7212.40.5000, and 7212.50.0000. we have preliminarily determined that AGENCY: Import Administration, Included are flat-rolled products of substantially all of the domestic International Trade Administration, nonrectangular cross-section where producers of the like product have no Department of Commerce. such cross-section is achieved interest in continued application of the ACTION: Notice of preliminary results of subsequent to the rolling process (i.e., AD and CVD orders to the plate subject antidumping duty administrative products which have been ‘‘worked to these requests. Therefore, we are review. after rolling’’) for example, products notifying the public of our intent to which have been beveled or rounded at revoke, in part, the AD and CVD orders SUMMARY: In response to a request from the edges. Excluded is grade X–70 plate. as they relate to imports of plate the petitioners, the Department of These HTS item numbers are provided described above from Finland, Germany Commerce (‘‘the Department’’) is for convenience and Customs purposes. and the United Kingdom. conducting an administrative review of the antidumping finding on stainless The written description remains Public Comment dispostive. steel plate from Sweden. The review Merchandise covered by these Interested parties may submit case covers two manufacturer/exporters of changed circumstances reviews and briefs and/or written comments no later the subject merchandise to the United partial revocations are shipments of than 14 days after the date of States, Avesta Sheffield AB (‘‘Avesta’’) certain carbon cut-to-length steel plate publication of these preliminary results. and Uddeholm Tooling AB and its sales with a maximum thickness of 80 mm in Rebuttal briefs and rebuttals to written subsidiaries (collectively, ‘‘Uddeholm’’). steel grades BS 7191, 355 EM and 355 comments, limited to issues raised in Uddeholm’s sales affiliate in the United EMZ, as amended by Sable Offshore such briefs or comments, may be filed States is Bohler-Uddeholm Corporation Energy Project specification XB MOO Y no later than 21 days after the date of (‘‘BUS’’) and its sales affiliate in Canada 15 0001, types 1 and 2. publication. The Department will issue is Uddeholm Limited, Canada (‘‘BCA’’). the final results of these changed The period of review is June 1, 1997 Initiation and Preliminary Results of circumstances reviews, which will through May 31, 1998. We preliminarily Changed Circumstances AD and CVD include the results of its analysis raised determine that sales have been made Reviews, and Intent To Revoke Orders in any such written comments, no later below normal value (‘‘NV’’). If these in Part than 270 days after the date on which preliminary results are adopted in our At the request of the petitioners, in these reviews were initiated, or within final results of administrative review, accordance with sections 751(d)(1) and 45 days if all parties agree to our we will instruct U.S. Customs to assess 751(b)(1) of the Act and section 351.216 preliminary determinations. See section antidumping duties based on the of the Department’s regulations, the 351.216(e) of the Department’s difference between constructed export Department is initiating changed regulations. price (‘‘CEP’’) and NV. circumstances reviews of certain cut-to- If final revocation occurs, we will Interested parties are invited to length carbon steel plate from Finland, instruct the U.S. Customs Service to end comment on these preliminary results. Germany and the United Kingdom to the suspension of liquidation and to Parties which submit argument in this determine whether partial revocation of refund, with interest, any estimated AD proceeding are requested to submit with the AD and CVD orders is warranted and CVD duties collected for all the argument: (1) A statement of the
VerDate 18-JUN-99 11:38 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\A07JY3.118 pfrm03 PsN: 07JYN1 36668 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Notices issue, and (2) a brief summary of the Scope of the Review Department with the information argument (no longer than five pages, Imports covered by this review are needed to conduct the review. Section 776(b) of the Act authorizes including footnotes). shipments of stainless steel plate which the Department to use as adverse facts EFFECTIVE DATE: July 7, 1999. is commonly used in scientific and available information derived from the industrial equipment because of its FOR FURTHER INFORMATION CONTACT: petition, the final determination, a resistance to staining, rusting and Nithya Nagarajan or Jonathan Lyons, previous administrative review, or other pitting. Stainless steel plate is classified Import Administration, International information placed on the record. In under Harmonized Tariff Schedule of Trade Administration, U.S. Department accordance with section 776(b)(3) of the the United States (HTSUS) item of Commerce, 14th Street and Act, we have selected as facts available numbers 7219.11.00.00, 7219.12.00.05, Constitution Avenue, NW., Washington, the highest previous margin in this case D.C. 20230; telephone (202) 482–4243 or 1209.12.00.15, 7219.12.00.45, from segments conducted by the 482–0374, respectively. 7219.12.00.65, 7219.12.00.70, Department, which is Avesta’s margin 7219.12.00.80, 8219.21.00.05, SUPPLEMENTARY INFORMATION: from the 1995–1996 administrative 7219.21.00.50, 7219.22.00.05, review. Applicable Statute 7219.22.00.10, 7219.22.00.30, Information from prior segments of 7219.22.00.60, 7219.31.00.10, Unless otherwise indicated, all the proceeding constitutes secondary 7219.31.00.50, 7220.11.00.00, information. Section 776(c) of the Act citations to the Tariff Act of 1930, as 7222.30.00.00, and 7228.40.00.00. amended (‘‘the Act’’) are references to provides that the Department shall, to Although the subheadings are provided the extent practicable, corroborate the provisions effective January 1, 1995, for convenience and customs purposes, the effective date of the amendments secondary information from the written description of the independent sources reasonably at its made to the Act by the Uruguay Round merchandise is dispositive. Agreements Act (‘‘URAA’’). In addition, disposal. The Statement of unless otherwise indicated, all citations Facts Available Administrative Action (SAA) explains to the Department’s regulations are that ‘‘corroborate’’ means simply that On September 2, 1998, Avesta the Department will satisfy itself that references to the provisions codified at informed the Department that it was 19 CFR part 351 (1998). the secondary information to be used unable to participate in the 1997–1998 has probative value. (See H.R. Doc. 316, Background administrative review. Avesta claimed Vol. 1, 103d Cong., 2d sess. 870 (1994).) that, because a key facility had closed To corroborate secondary information, The Department of the Treasury and staff that had participated in prior the Department will, to the extent published an antidumping finding on reviews were no longer employed by the practicable, examine the reliability and stainless steel plate from Sweden on company, it would not be ‘‘feasible, relevance of the information to be used. June 8, 1973 (38 FR 15079). The financially or practically,’’ for the However, unlike other types of Department of Commerce published a company to participate. information, such as input costs or notice of ‘‘Opportunity To Request Section 776(a)(2)(A) of the statute and selling expenses, there are no Administrative Review’’ of the 19 CFR 351.308 mandate use of facts independent sources for calculated antidumping finding for the 1997–1998 available in several circumstances, dumping margins. The only source for review period on June 10, 1998 (63 FR including when a respondent withholds margins is administrative 31717). On June 10, 1998, the requested information. Further, section determinations. Thus, in an petitioners, Allegheny Ludlum Steel 776(b) of the Act authorizes the administrative review, if the Department Corp., G.O. Carlson, Inc., and Lukens, Department to use an adverse inference chooses as total adverse facts available Inc., filed a request for review of in selecting from the facts otherwise a calculated dumping margin from a Uddeholm and Avesta. We initiated the available where the respondent has ‘‘not prior segment of the proceeding, it is not review on July 28, 1998 (63 FR 40258). acted to the best of its ability to comply necessary to question the reliability of On October 8, 1998, December 1, 1998, with a request for information.’’ the margin for that time period. With February 22, 1999, and April 12, 1999, Because Avesta has declined to respect to the relevance aspect of we received responses from Uddeholm respond to the Department’s corroboration, however, the Department to the Department’s original and questionnaire, we must rely on the facts will consider information reasonably at supplemental questionnaires. otherwise available. Further, the its disposal as to whether there are The review covers the period June 1, Department finds that an adverse circumstances that would render a 1997 through May 31, 1998. The inference is warranted because Avesta margin not relevant. Where Department is conducting this review in has not acted to the best of its ability in circumstances indicate that the selected accordance with section 751 of the Act, responding to the Department’s request margin is not appropriate as adverse as amended. Section 751(a)(3) provides for information. Avesta failed to provide facts available, the Department will that the Department may extend the any explanation as to why the loss of disregard the margin and determine an deadline for issuing its preliminary employees or the closing of a facility appropriate margin (see Fresh Cut results of an administrative review if it prevents its responding to the Flowers from Mexico; Final Results of determines that it is not practicable to Department’s questionnaire. Moreover, Antidumping Duty Administrative complete the preliminary results within Avesta failed to identify specific Review, 61 FR 6812 (February 22, 1996), the statutory time limit of 245 days. See problems in complying with our where the Department disregarded the also 19 CFR 351.213(h)(2). On January request, to seek the Department’s highest margin as adverse BIA because 11, 1999, the Department extended the assistance or to suggest alternatives that the margin was based on another time limit for these preliminary results would allow the Department to collect company’s uncharacteristic business to June 30, 1999. See Stainless Steel the necessary information, as required expense resulting in an unusually high Plate from Sweden; Extension of Time by section 782(c)(1). Rather, the margin). Limits for Antidumping Duty company appears to have made a The dumping margin we have Administrative Review, 64 FR 3683 business decision not to devote the selected for Avesta as facts available in (January 25, 1999). necessary resources to provide the this review is a rate calculated in a prior
VerDate 18-JUN-99 11:38 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\A07JY3.128 pfrm03 PsN: 07JYN1 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Notices 36669 segment of the proceeding; therefore, we Product Comparisons profit to the expenses deducted under deem it to be reliable. Moreover, In accordance with section 771(16) of sections 772(d)(1) and (2), based on the because the margin selected was the Act, all products produced by the ratio of total U.S. expenses to total actually calculated for Avesta based on respondents, covered by the description expenses for both the U.S. and third- information submitted by the company in the Scope of Investigation section, country markets. in the prior review, we deem it to be above, and sold in Canada during the Normal Value relevant. Therefore, the requirements of period of review (POR) are considered section 776(c) of the Act have been met. to be foreign like products for purposes A. Home Market Viability Because we have based Avesta’s of determining appropriate product In order to determine whether there dumping margin entirely on facts comparisons to U.S. sales. We have were sufficient sales of stainless steel available, the analysis below addresses relied on five characteristics to match plate in the home market to serve as a only sales made by Uddeholm. U.S. sales of subject merchandise to viable basis for calculating NV, we comparison market sales of the foreign compared the volume of home market Verification like product: specification, process, sales of subject merchandise to the thickness, finish, and form. We used volume of subject merchandise sold in As provided in section 782(i) of the thickness ranges reported by the the United States, in accordance with Act, we verified information provided respondent, as requested by the section 773(a)(1)(C) of the Act. Since by Uddeholm using standard Department. Where there were no sales Uddeholm’s aggregate volume of home verification procedures, including on- of identical merchandise in the third- market sales was less than five percent site examination of relevant sales and country market to compare to U.S. sales, of its U.S. sales of the subject financial records and selection of we compared U.S. sales to the next most merchandise, we did not base NV for original documentation containing similar foreign like product on the basis Uddeholm on its home market sales. relevant information. Our verification of the characteristics listed in the B. Comparison Market Selection results are outlined in the proprietary antidumping questionnaire and and public versions of the verification reporting instructions. In selecting the appropriate third- report. country market on which to base NV for Fair Value Comparisons Date of Sale Uddeholm, we analyzed sales to To determine whether sales of Uddeholm’s three largest third-country For both its third-country market and stainless steel plate from Sweden to the markets. In accordance with U.S. sales, Uddeholm reported the United States were made at less than § 351.404(e) of the Department’s earlier of either the date of invoice or normal value, we compared NV to the regulations, we chose the Canadian the date of shipment as the date of sale. CEP, as described in the ‘‘Constructed market as the most appropriate Uddeholm stated that this methodology Export Price’’ and ‘‘Normal Value’’ comparison market for NV. Canada best reflects the date on which the sections of this notice. constituted Uddeholm’s largest third- country market, and merchandise sold material terms of sale are established. In Constructed Export Price (CEP) the normal course of business, invoices in the Canadian market was identical to are issued upon shipment of In accordance with section 772 (b) of the subject merchandise sold in the merchandise to the customer. In rare the Act, we treated all of Uddeholm’s United States. For a more detailed instances, merchandise is shipped prior sales to the United States as CEP sales discussion of third-country market because the merchandise was first sold to invoicing. Invoices on these selection, see Analysis Memorandum for to unaffiliated U.S. purchasers, after shipments are issued on the next 3rd Country Comparison Market, dated importation, by an affiliated seller in the business day. Due to the unique nature May 28, 1999. United States. There were no export of the subject merchandise and its We calculated NV based on sales to price sales during the period of review. applications, orders for merchandise are unaffiliated third-country market We based CEP on the packed ex- customers. We made adjustments for processed and shipped within a week of warehouse or delivered price to physical differences in the merchandise, the customer’s order, and in many unaffiliated customers in the United where necessary, in accordance with instances within 1–2 business days. States. In accordance with section 772 section 773(a)(6)(C)(ii) of the Act. In Orders are primarily placed via phone (c)(2) of the Act, we made adjustments, accordance with section 773(a)(6)(B)(ii) or fax to the sales departments, and where applicable, for international and of the Act, we made adjustments to NV usually result in Uddeholm’s generating ocean freight, U.S. inland freight, U.S. for international freight, third-country a work order for their merchandise brokerage and handling expenses, U.S. inland freight, third-country inland processing and operations division. customs duties, early payment insurance, third-country customs duties, Most orders are immediately filled from discounts, rebates, warehousing, and and warehousing expenses. We also inventory and sized to the customer’s marine insurance. In accordance with adjusted NV for direct selling expenses, specifications. Uddeholm records the sections 772(d)(1) and (2) of the Act, we including imputed credit expenses, in terms of sale (price and quantity) when made deductions for selling expenses, accordance with section 773(a)(6)(C)(iii) the merchandise is shipped and the warranty expenses, credit expenses, and of the Act. Finally, we made an invoice is issued, which generally cutting and grinding expenses. adjustment to NV for early payment occurs on the same day. In addition, the To arrive at the CEP, the gross unit discounts, in accordance with Department verified that there are no price was further reduced by an amount § 351.401(c) of the Department’s sales contracts, long-term orders, or for profit pursuant to section 772(d)(3) regulations. extended delivery agreements between of the Act. In accordance with section Uddeholm and its customers. Therefore, 772 (f) of the Act, we computed profit Price-to-Price Comparisons we preliminarily determine that invoice based on total revenues realized on sales We performed price-to-price date is the most appropriate date of sale in both the U.S. and third-country comparisons where there were sales of in accordance with § 351.401(i) of the markets, less all expenses associated comparable merchandise in the third- Department’s regulations. with those sales. We then allocated country market.
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In accordance with section 777(A) of Act. The information submitted accordance with § 351.212(b) of the the Act, we calculated monthly indicates that at the CEP level of trade Department’s regulations, we have weighted-average prices for NV and Uddeholm performs fewer and different calculated an importer-specific ad compared these to individual U.S. selling functions than it does at the NV valorem assessment rate for the transactions. level of trade. Therefore, we merchandise based on the ratio of the total amount of antidumping duties Level of Trade preliminarily determine that there is a single level of trade in the United calculated for the examined sales made In accordance with section 773(a)(7) States—the CEP level of trade—which is during the POR to the total entered of the Act, to the extent practicable, we different from the level of trade in value of the sales used to calculate these determine NV based on sales in the Canada. For a more detailed discussion duties. This rate will be assessed comparison market at the same level of of level of trade see Analysis uniformly on all entries of that trade (LOT) as the EP or CEP Memorandum to the File regarding particular importer made during the transaction. The NV LOT is that of the Level of Trade for Uddeholm, dated POR. The Department will issue starting price sales in the comparison June 22, 1999. appraisement instructions directly to market or, when NV is based on CV, that As evidenced by the record, the U.S. Customs. The final results of this review of the sales from which we derive and Canadian sales are at different shall be the basis for the assessment of selling, general, and administrative levels of trade and the Canadian level of antidumping duties on entries of (SG&A) expenses and profit. For EP trade—sales by an affiliated merchandise covered by the sales, the U.S. LOT is also the level of distributor—is at a more advanced stage determination and for future deposits of the starting-price sale, which is usually of distribution than the U.S. CEP level estimated duties. from exporter to importer. For CEP of trade—sales by the producer to an Furthermore, the following deposit sales, it is the level of the constructed affiliated distributor. However, we do requirements will be effective upon sale from the exporter to the importer. not have data available that would be an completion of the final results of these To determine whether NV sales are at appropriate basis for calculation of a administrative reviews for all shipments a different level of trade than EP or CEP level of trade adjustment. Therefore, in of stainless steel plate from Sweden sales, we examine the stages in the accordance with section 773(a)(7)(B) of entered, or withdrawn from warehouse, marketing process and selling functions the Act, we have preliminarily for consumption on or after the along with the chain of distribution determined to make a CEP offset. publication date of the final results of between the producer and the these administrative reviews, as unaffiliated customer. If the Currency Conversion provided by section 751(a)(1) of the Act: comparison-market sales are at a We made currency conversions into (1) The cash deposit rate for reviewed different LOT, and the difference affects U.S. dollars in accordance with section firms will be the rates established in the price comparability, as manifested in a 773A(a) of the Act based on the final results of administrative review, pattern of consistent price differences exchange rates in effect on the dates of except if the rate is less than 0.50 between the sales on which NV is based the U.S. sales, as certified by the Federal percent, and therefore, de minimis and comparison-market sales at the LOT Reserve Bank. within the meaning of 19 CFR 351.106, of the export transaction, we make a in which case the cash deposit rate will LOT adjustment under section Preliminary Results of Review be zero; (2) for merchandise exported by 773(a)(7)(A) of the Act. Finally, for CEP We preliminarily determine that the manufacturers or exporters not covered sales, if the NV level is more remote following margins exist for the period in this review but covered in the from the factory than the CEP level and June 1, 1997 through May 31, 1998: original less-than-fair-value (LTFV) there is no basis for determining investigation or a previous review, the Uddeholm—7.30 percent whether the difference in the levels cash deposit will continue to be the Avesta—29.36 percent between NV and CEP affects price most recent rate published in the final comparability, we adjust NV under Parties to this proceeding may request determination or final results for which section 773(a)(7)(B) of the Act (the CEP disclosure within five days of the manufacturer or exporter received a offset provision). See Notice of Final publication of this notice and any company-specific rate; (3) if the exporter Determination of Sales at Less Than interested party may request a hearing is not a firm covered in this review, a Fair Value: Certain Cut-to Length within 30 days of publication. Any previous review, or the original Carbon Steel Plate from South Africa, hearing, if requested, will be held 37 investigation, but the manufacturer is, 62 FR 61731 (November 19, 1997). days after the date of publication, or the the cash deposit rate will be that The Department requested first working day thereafter. Interested established for the most recent period information concerning the selling parties may submit case briefs and/or for the manufacturer of the functions associated with each phase of written comments no later than 30 days merchandise; and (4) if neither the marketing, or the equivalent, in after the date of publication. Rebuttal exporter nor the manufacturer is a firm Uddeholm’s Canadian and U.S. markets. briefs and rebuttals to written covered in this or any previous review The NV level of trade is based on sales comments, limited to issues raised in or the original fair value investigation, by Uddeholm’s affiliate, BCA, to such briefs or comments, may be filed the cash deposit rate will be 4.46%. unaffiliated customers in Canada. The no later than 35 days after the date of This notice also serves as a information submitted by Uddeholm publication. The Department will preliminary reminder to importers of indicates that BCA performs the same publish the final results of this their responsibility under 19 CFR selling functions for all customers in the administrative review, which will 351.402(f) to file a certificate regarding Canadian market. Therefore, we include the results of its analysis of the reimbursement of antidumping preliminarily determine that the issues raised in any such written duties prior to liquidation of the Canadian sales were made at a single comments or at a hearing, within 120 relevant entries during these review level of trade. The CEP level of trade is days after the publication of this notice. periods. Failure to comply with this based on the constructed sales to The Department shall determine, and requirement could result in the Uddeholm’s affiliate, BUS, i.e., after the Customs shall assess, antidumping Secretary’s presumption that deductions required under 772(d) of the duties on all appropriate entries. In reimbursement of antidumping duties
VerDate 18-JUN-99 16:00 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\07JYN1.XXX pfrm08 PsN: 07JYN1 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Notices 36671 occurred and the subsequent assessment 3. Technology Rights prohibited from carrying the products of of double antidumping duties. All intellectual property rights DecoArt, Inc.’s competitors, and such This determination is issued in associated with Products or Services, prohibition only applies to: (1) Those accordance with sections 751(a)(1) and including, but not limited to: Patents, products of DecoArt, Inc.’s competitors 777(i)(1) of the Act. trademarks, service marks, trade names, that directly compete with the product line or portion thereof to be sold under Dated: June 29, 1999. copyrights, neighboring (related) rights, the agreement; and (2) the territory Richard W. Moreland, trade secrets, know-how, and sui generis forms of protection for databases and covered by the agreement; Acting Assistant Secretary for Import computer programs. 4. Enter into, terminate, amend or Administration. enforce exclusive or non-exclusive [FR Doc. 99–17222 Filed 7–6–99; 8:45 am] 4. Export Trade Facilitation Services (as licensing agreements regarding its BILLING CODE 3510±DS±P they Relate to the Export of Products, Products, Services, or Technology Services and Technology Rights) Rights with Export Intermediaries or Export Trade Facilitation Services, other persons selling its Products in DEPARTMENT OF COMMERCE including, but not limited to: Export Markets; 5. Enter into, terminate, amend or International Trade Administration Professional services in the area of government relations and assistance enforce exclusive or non-exclusive sales Export Trade Certificate of Review with state and federal export programs; agreements with Export Intermediaries, foreign trade and business protocol; or other persons selling its Products for ACTION: Notice of Issuance of an Export consulting; market research and the transfer of title to Products, Services, Trade Certificate of Review, Application analysis; collection of information on and/or Technology Rights in Export No. 99–00002. trade opportunities; marketing; Markets; negotiations; joint ventures; shipping 6. Enter into, terminate, amend or SUMMARY: The Department of Commerce and export management; export enforce exclusive or non-exclusive has issued an Export Trade Certificate of licensing; advertising; documentation pricing and/or consignment agreements Review to DecoArt, Inc. This notice and services related to compliance with for the sale and shipment of its Products summarizes the conduct for which custom requirements; insurance and and Services to Export Markets; certification has been granted. financing; bonding; warehousing; export 7. Allocate export sales, export orders trade promotion; legal assistance; trade and/or divide Export Markets, among FOR FURTHER INFORMATION CONTACT: show exhibitions; organizational Export Intermediaries, or other persons Morton Schnabel, Director, Office of development; management and labor for the sale, licensing and/or transfer of Export Trading Company Affairs, strategies; transfer of technology; title to its Products, Services, and/or International Trade Administration, transportation; and facilitating the Technology Rights; 202–482–5131. This is not a toll-free formation of shippers’ associations. 8. Enter into, terminate, amend or number. enforce territorial and customer Export Markets SUPPLEMENTARY INFORMATION: Title III of restraints on Export Intermediaries, or the Export Trading Company Act of The Export Markets include all parts other persons regarding the sale, 1982 (15 U.S.C. 4001-21) authorizes the of the world except the United States licensing and/or transfer of title to its Secretary of Commerce to issue Export (the fifty states of the United States, the Products, Services, and/or Technology Trade Certificates of Review. The District of Columbia, the Rights for sale in Export Markets; regulations implementing Title III are Commonwealth of Puerto Rico, the 9. Enter into, terminate, amend or found at 15 CFR part 325 (1999). Virgin Islands, American Samoa, Guam, enforce exclusive or non-exclusive agreements for the tying of its Products The Office of Export Trading the Commonwealth of the Northern and Services, the setting of prices, and/ Company Affairs (‘‘OETCA’’) is issuing Mariana Islands, and the Trust Territory or the distribution, shipping or handling this notice pursuant to 15 CFR 325.6(b), of the Pacific Islands). of its Products or Services in the Export which requires the Department of Export Trade Activities and Methods of Markets; Commerce to publish a summary of a Operation 10. Terminate, amend or enforce Certificate in the Federal Register. DecoArt, Inc. may engage in the contractual or other relationships with Under Section 305 (a) of the Act and 15 following activities with respect to Export Intermediaries or other persons CFR 325.11(a), any person aggrieved by Export Markets: who refuse to agree or adhere to the Secretary’s determination may, 1. Provide and/or arrange for the restraints on their activities related to within 30 days of the date of this notice, provision of Export Trade Facilitation the export of its Products; bring an action in any appropriate Services; 11. Enter into, terminate, amend or district court of the United States to set 2. Engage in promotion and marketing enforce agreements to invest in overseas aside the determination on the ground activities and collect and distribute warehouses for the purpose of storing that the determination is erroneous. information on trade opportunities in exported Products until transferred to Description of Certified Conduct the Export Markets; the foreign purchaser; 3. Enter into, terminate, amend or 12. To invest in overseas facilities for Export Trade enforce exclusive and/or non-exclusive the purpose of making minor product or 1. Products agreements with distributors, foreign packaging modifications necessary to buyers, and/or sales representatives in insure compatibility of the Product with Artists acrylic paints and decorative Export Markets, provided that DecoArt, the requirements of the foreign market; finishes manufactured or distributed by Inc. does not enter into more than one 13. Represent U.S. Suppliers of its DecoArt, Inc. agreement, for its entire product line or Products at trade shows and solicit 2. Services any portion thereof, in any given agents and distributors for its Products territory in the Export Markets pursuant in the Export Markets; All services related to the export of to which its distributors, foreign buyers, 14. Refuse to quote prices for, or to Products. and/or sales representatives are market or sell, Products or Services to
VerDate 18-JUN-99 16:00 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\07JYN1.XXX pfrm08 PsN: 07JYN1 36672 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Notices an Export Market or Markets, or to Dated: June 30, 1999. Gaithersburg, MD 20899-8930. Written distributors, buyers and/or sales Morton Schnabel, comments may also be sent to this representatives who directly or Director, Office of Export Trading Company address. Affairs. indirectly market or sell to an Export FOR FURTHER INFORMATION CONTACT: Market or Markets; [FR Doc. 99–17103 Filed 7–6–99; 8:45 am] Edward Roback, Executive Secretary, 15. Sell, or offer to sell Products at BILLING CODE 3510±DR±P Technical Advisory Committee to different prices for direct or indirect sale Develop a Federal Information to an Export Market or Markets as Processing Standard for the Federal Key DEPARTMENT OF COMMERCE compared to prices for direct or indirect Management Infrastructure, telephone sale to domestic markets; and National Institute of Standards and 301-975-3696. 16. Affix labels or other forms of Technology SUPPLEMENTARY INFORMATION: The identification to Products which [Docket No. 990608155-9155-01] ‘‘Technical Advisory Committee to identify the Products and indicate Develop a Federal Information whether such Products are for direct or RIN 0693-ZA31] Processing Standard for the Federal Key indirect sale only in an Export Market Management Infrastructure’’ was Technical Advisory Committee Report: or Markets. chartered by the Department of Requirements for Key Recovery Commerce in 1996 to seek industry Terms and Conditions of Certificate Products recommendations on technical 1. In engaging in Export Trade AGENCY: National Institute of Standards specifications for accomplishing the Activities and Methods of Operation, and Technology (NIST), Commerce. recovery of keys used for encryption (as DecoArt, Inc. will not intentionally ACTION: Notice; request for comments. opposed to keys used solely for digital disclose, directly or indirectly, to any signatures, which should not be Supplier any information about any SUMMARY: The Department of Commerce recoverable, since a new signature key other Supplier’s costs, production, seeks public comment on pair is normally created in event of capacity, inventories, domestic prices, ‘‘Requirements for Key Recovery loss). The Committee was comprised of domestic sales, or U.S. business plans, Product,’’ encompassing technical 24 members drawn from the private strategies, or methods that is not already recommendations prepared by the sector with expertise in computer ‘‘Technical Advisory Committee to generally available to the trade or systems, telecommunications, banking, Develop a Federal Information security, research and other pertinent public. Processing Standard for the Federal Key areas. Its activities were augmented by 2. DecoArt, Inc. will comply with Management Infrastructure.’’ The liaisons from various Federal agencies, requests made by the Secretary of Committee was established by the who provided input and perspective to Commerce on behalf of the Secretary of Department to provide technical advice the Committee as to the security and Commerce or the Attorney General for on an encryption key recovery standard functional key recovery requirements of information or documents relevant to for use by Federal agencies to provide Federal agencies. Twelve meetings of conduct under the Certificate. The for the continued government access to the Committee were held between Secretary of Commerce will request encrypted information in the event of December 1996 and November 1998. such information or documents when the unavailability (e.g., loss due to The progress that the Committee made either the Attorney General or the unavailability of critical personnel) of on various drafts of its report may be Secretary of Commerce believes that the the encryption/decryption key(s). The seen on the Committee’s electronic information or documents are required Committee held its final meeting in homepage at
VerDate 18-JUN-99 11:38 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\A07JY3.047 pfrm03 PsN: 07JYN1 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Notices 36673 resolve inconsistencies and address any DEPARTMENT OF DEFENSE CFR 1500–1508), the Department of the remaining issues. Navy, United States Marine Corps has Department of the Navy Because this technical input was prepared a Draft Environmental Impact requested in anticipation of developing Statement (DEIS) to assess the potential Public Hearings for Draft environmental effects of introducing the a FIPS on key recovery, the format of the Environmental Impact Statement Committee’s report parallels that of a V–22 ‘‘Osprey,’’ a new type of tiltrotor (DEIS) for the Introduction of the V±22 aircraft, to the Second Marine Aircraft FIPS. However, since the Committee to the Second Marine Aircraft Wing was chartered only to address technical Wing (2d MAW) which operates from issues, some areas (e.g., ‘‘applicability’’ AGENCY: Department of the Navy, DOD. several Marine Corps air stations located along the East Coast of the United and ‘‘waiver process’’) contained in a ACTION: Notice of public hearing. FIPS were not addressed by the States. The DEIS has been distributed to Committee. The Committee noted in SUMMARY: The Department of the Navy, various Federal, state, and local their draft that text for these sections United States Marine Corps has agencies, as well as other interested individuals and organizations. In would have to be supplied at a later date prepared and filed with the U.S. addition, copies of the DEIS have been by the government. Environmental Protection Agency a distributed to the following libraries for In delivering its report to the Draft Environmental Impact Statement (DEIS) to evaluate the introduction of public review: Carteret County Public Secretary, the Committee noted that its Library, 210 Turner Street, Beauport, members did not ‘‘have time to verify the V–22 aircraft to the Second Marine Aircraft Wing in eastern North Carolina. NC; Craven-Pamlico-Carteret Regional the consistency and completeness of the Library, 400 Johnson Street, New Bern, document as a whole’’ and stated that In accordance with the National Environmental Policy Act (NEPA) and NC; Godwin Memorial Library, College these are crucial. Therefore, the Street, New Bern, NC; Havelock-Craven submission of public comments on the the Council on Environmental Quality regulations, this notice announces the County Public Library, 300 Miller consistency and completeness of the Boulevard, Havelock, NC; Onslow document is particularly encouraged. dates and locations of public hearings for the DEIS. County Public Library, 58 Doris Avenue The Committee’s report is divided East, Jacksonville, NC; and Pamlico DATES: Comments must be postmarked County Library, Bayboro, NC. A limited into two major sections, an by August 9, 1999. ‘‘announcement section’’ and a number of single copies of the DEIS are ‘‘specifications section.’’ The first The meeting dates are: available upon request by contacting section is fairly pro forma and contains, 1. July 19, 1999, 3:00p.m. to 8:00p.m., Mr. James Haluska at (757) 322–4889. among other items, a brief explanation Jacksonville, NC. The introduction of the V–22 to the of the document, an index, list of 2. July 20, 1999, 3:00p.m. to 8:00p.m., 2d MAW is part of a Corps-wide process appropriate applications, notes on Havelock, NC. of replacing two existing weapons implementations, and a glossary. 3. July 21, 1999, 3:00p.m. to 8:00p.m., systems, the CH–46E and CH–53D Qualifications on the use of conforming Atlantic, NC. medium-lift helicopters currently used products are also discussed. The second 4. July 22, 1999, 3:00p.m. to 8:00p.m., by the USMC MAWs, with a new section contains the detailed Pollocksville, NC. weapon system. The USMC relies on a specifications of the document and is ADDRESSES: Address written comments veteran fleet of CH–46Es and CH–53Ds divided into four chapters: (1) to Commander, Atlantic Division, Naval for medium-lift operations, such as the Overview, (2) Key Recovery Model, (3) Facilities Engineering Command, Attn: delivery of troops and equipment in Security Requirements, and (4) Mr. James Haluska (Code 2033JH), 1510 amphibious assault operations. These Assurance Requirement. Four Gilbert Street, Norfolk, Virginia 23511; aircraft are nearing the end of their appendices are included: (A) Key Fax: (757) 322–4894. lifecycle, cannot travel great distances, and are not well equipped for night or Recovery Technique (B) Examples, (C) The meeting locations are: adverse weather operations. The V–22 is Key Recovery Block, and (D) Certificate 1. Jacksonville, NC—Jacksonville City capable of vertical/short takeoffs and Extensions. Hall, Meeting Room A, 211 Johnson Boulevard, Jacksonville, NC; landings, significantly greater flight The key recovery model utilized by 2. Havelock, NC—Havelock City Hall, distances at a faster speed, and with a the Committee throughout its document 1 Hatteras Avenue, Havelock, NC; greater payload than the helicopters it describes five key recovery functions: 3. Atlantic, NC—Marine Corps would replace. The proposed action, (1) Key Recovery Information Outlying Landing Field Atlantic, therefore, is to replace the CH–46 assets Generation, (2) Key Recovery Building 7017, Administration & of the 2d MAW with the V–22 on a one- Information Delivery, (3) Function Key Housing, Airfield Road, Atlantic, NC; to-one basis. (Currently, the 2d MAW Recovery Information Validation, (4) 4. Pollocksville, NC—Pollocksville has no CH–53D assets. These are all Key Recovery Requestor and (5) Key Elementary School, 300 Trent Street, located in MCB Hawaii.) Replacement of Recovery Agent. For each of these Pollocksville, NC. a weapons system such as the CH–46 functions, one or more security levels is involves more than just a substitution of defined and functional and security FOR FURTHER INFORMATION CONTACT: a new system for an old one. It includes requirements provided. For each Additional information concerning this replacement or renovation of the security level(s) of a function, a notice may be obtained by contacting facilities used to house and maintain the corresponding assurance level is then Mr. James Haluska, (757) 322–4889 or system. It also includes development specified with appropriate Lt. Col. Blackiston, Community Plans within the USMC of the skills needed to requirements. and Liaison Officer, MCAS Cherry employ the new weapons system during Point, (919) 466–4196. Dated: June 30, 1999. wartime. SUPPLEMENTARY INFORMATION: Pursuant The CH–46E aircraft are near the end Karen H. Brown, to Section 102(2) of the National of their operating life. The USMC must Deputy Director. Environmental Policy Act (NEPA) of continue to have the capability of [FR Doc. 99–17234 Filed 7–6–99; 8:45 am] 1969 as implemented by the Council on supporting combat forces, by lifting BILLING CODE 3510±CN±M Environmental Quality regulations (40 personnel and equipment into and out
VerDate 18-JUN-99 16:00 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\07JYN1.XXX pfrm08 PsN: 07JYN1 36674 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Notices of confined sites quickly, at any time, SUMMARY: The Acting Leader, Affected Public: State, local or Tribal under any conditions, in remote and/or Information Management Group, Office Gov’t, SEA or LEAs. hostile environments. The political of the Chief Information Officer, invites Reporting and Recordkeeping Hour conditions of the post-Cold War era comments on the proposed information Burden: have led to the realization by the DOD collection requests as required by the Resondents: 2,387 that future threats to American security, Paperwork Reduction Act of 1995. Burden Hours: 1,517 Abstract: This package is to request particularly the nation’s economic DATES: Interested persons are invited to health, are increasingly linked to the clearance for an evaluation of the submit comments on or before Magnet Schools Assistance Program stability of other regions of the world. September 7, 1999. The current US defense strategy is to (MSAP). The purpose is to provide address sources of regional conflict and SUPPLEMENTARY INFORMATION: Section information to ED and Congress about instability with a visible, forward 3506 of the Paperwork Reduction Act of the success of the MSAP in meeting its presence, and an effective response to 1995 (44 U.S.C. Chapter 35) requires statutory goals. The evaluation is using crises. that the Office of Management and information reported in MSAP The Marine Corps will conduct public Budget (OMB) provide interested applications and performance indicators hearings starting Monday, July 19 to Federal agencies and the public an early and gathering new data from all %& Thursday, July 22, 1999 for those opportunity to comment on information MSAP projects funded in 1998. A individuals who would like to provide collection requests. OMB may amend or particular emphasis of the evaluation is comments on the DEIS. These hearings waive the requirement for public the projects’ progress in improving will be open sessions and will allow consultation to the extent that public student achievement and achieving individuals to review the data presented participation in the approval process desegregation. in the DEIS and at displays provided for would defeat the purpose of the Written comments and requests for the hearing. Department of the Navy information collection, violate State or copies of the proposed information representatives will be available during Federal law, or substantially interfere collection request should be addressed the hearing to answer questions and/or with any agency’s ability to perform its to Vivian Reese, Department of clarify information related to the DEIS statutory obligations. The Acting Education, 400 Maryland Avenue, SW, and to assist those who wish to Leader, Information Management Room 5624, Regional Office Building 3, comment. Federal, state, and local Group, Office of the Chief Information Washington, DC 20202–4651, or should agencies and interested parties are Officer, publishes that notice containing be electronically mailed to the internet l invited and urged to be present or proposed information collection address vivian [email protected] or should represented at the hearing. Oral requests prior to submission of these be faxed to 202–708–9346. statements will be heard and transcribed requests to OMB. Each proposed For questions regarding burden and/ by a stenographer; however, to ensure information collection, grouped by or the collection activity requirements, the accuracy of the record, all office, contains the following: (1) Type contact Jacqueline Montague at 202– statements should be submitted in of review requested, e.g. new, revision, 708–5359 or should be electronically writing. In the interest of available time extension, existing or reinstatement; (2) mailed to the internet address jackie— and to ensure all who wish to give an Title; (3) Summary of the collection; (4) [email protected]. Individuals who use oral statement have the opportunity to Description of the need for, and a telecommunications device for the do so, each speaker will be asked to proposed use of, the information; (5) deaf (TDD) may call the Federal limit their comments to three (3) Respondents and frequency of Information Relay Service (FIRS) at 1– minutes. If longer statements are to be collection; and (6) Reporting and/or 800–877–8339. presented, they should be summarized Recordkeeping burden. OMB invites [FR Doc. 99–17115 Filed 7–6–99; 8:45 am] public comment. at the public hearing and submitted in BILLING CODE 4000±01±P writing either at the hearing or mailed The Department of Education is or faxed to Mr. James Haluska at the especially interested in public comment address listed in the ADDRESSES section addressing the following issues: (1) Is DEPARTMENT OF ENERGY of this notice. Equal weight will be this collection necessary to the proper given to both oral and written functions of the Department; (2) will Golden Field Office; Supplemental statements. All written comments this information be processed and used Announcement to the Broad Based postmarked by August 9, 1999 will in a timely manner; (3) is the estimate Solicitation for Financial Assistance become a part of the official public of burden accurate; (4) how might the Applications Involving Research, record and will be responded to in the Department enhance the quality, utility, Development and Demonstration for Final Environmental Impact Statement. and clarity of the information to be the Office of Energy Efficiency and collected; and (5) how might the Dated: July 1, 1999. Renewable Energy; Closed-Loop Department minimize the burden of this Biomass Co-Firing Ralph W. Corey, collection on the respondents, including Commander, Judge Advocate General’s Corps, through the use of information AGENCY: U.S. Department of Energy. U.S. Navy, Alternate Federal Register Liaison technology. ACTION: Supplemental Announcement Officer. Dated: June 30, 1999. 13 to the Broad Based Solicitation for [FR Doc. 99–17149 Filed 7–6–99; 8:45 am] Financial Assistance Applications DE- William E. Burrow, BILLING CODE 3810±FF±P PS36–99GO10383. Acting Leader, Information Management Group, Office of the Chief Information Officer. SUMMARY: The U.S. Department of DEPARTMENT OF EDUCATION Office of the Under Secretary Energy (DOE), pursuant to the DOE Financial Assistance Rules, 10 CFR Proposed Information Collection Type of Review: New. 600.8, is announcing its intention to Requests Title: Evaluation of the Magnet solicit applications for Closed-Loop Schools Assistance Program. Biomass Co-firing. Financial assistance AGENCY: Department of Education. Frequency: Annually. award(s) issued under this
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Supplemental Announcement will be in order to be considered for award encouraged to form appropriate cooperative agreements. under this Supplemental consortia or other business DATES: The solicitation will be issued on Announcement. Solicitation Number arrangements with biomass producers, or about July 6, 1999. DE-PS36–99GO10383, in conjunction industry, power producers, research ADDRESSES: Copies of the Solicitation with this Supplemental Announcement institutions, or other applicable once issued, can be obtained from the 13, will include complete information organizations for the conduct of this Golden Field Office Home page at http:/ on the program including technical venture. These arrangements are /www.eren.doe.gov/golden/ aspects, funding, application intended to demonstrate how solicitations.html. preparation instructions, application cooperative efforts can lead to SUPPLEMENTARY INFORMATION: DOE is evaluation criteria, and other factors sustaining, economically beneficial, soliciting Applications to develop and that will be considered when selecting power generation using lignite and validate co-firing technology using a projects for funding. Issuance of the biomass feedstock. The overall objective ‘‘closed-loop’’ feedstock supply. solicitation is planned for July 6, 1999, of selected project(s) is to successfully Respondents are encouraged to form with responses due on August 6, 1999. demonstrate the viability of co-firing appropriate consortia or other business FOR FURTHER INFORMATION CONTACT: biomass with lignite for power arrangements with the agricultural Ruth E. Adams, Contracting Officer, at production. To meet this objective, community, industry, power producers, 303-275–4722, e-mail successful applicants will: (1) or other applicable organizations for the [email protected], or Robert Determine the optimum parameters for conduct of this venture. These Martin, Project Officer, at 303–275– low-cost, high-performance co-firing of arrangements are intended to 4763, e-mail [email protected]. biomass with lignite through pilot-scale demonstrate how cooperative efforts can co-firing tests; and (2) validate the Issued in Golden, Colorado, on June 29, viability of co-firing biomass with lead to sustaining, economically 1999. beneficial, biomass power generation. lignite through a full-scale Matthew A. Barron, demonstration. Awards under this ‘‘Closed-loop’’ refers to operations that Acting, Procurement Director, GO. specifically plant, grow, harvest, use, Supplemental Announcement will be [FR Doc. 99–17198 Filed 7–6–99; 8:45 am] and regrow, at the same production site, Cooperative Agreements with a term of BILLING CODE 6450±01±P up to two years. Subject to funding any biomass fuel or feedstock in a availability, the total DOE funding sustainable, permanent manner that is available under this Supplemental in whole or in part used for an energy DEPARTMENT OF ENERGY Announcement will be approximately application. ‘‘Biomass’’, for the purpose $1,000,000. DOE anticipates selecting of this Supplemental Announcement, Golden Field Office; Supplemental one application for award under this means organic matter derived through Announcement to the Broad Based Supplemental Announcement. A the process of photosynthesis. ‘‘Co- Solicitation for Financial Assistance minimum cost share of 50% of total firing’’, for the purpose of this Applications Involving Research, project costs is required in order to be Supplemental Announcement, refers to Development and Demonstration for considered for award under this the combustion of biomass and coal, the Office of Energy Efficiency and Supplemental Announcement. excluding lignite, for power production. Renewable Energy; Co-Firing Biomass Solicitation Number DE–PS36– Successful Applicants should With Lignite 99GO10383, in conjunction with this demonstrate an approach to the AGENCY: U.S. Department of Energy. Supplemental Announcement 14, will integration and successful application of include complete information on the ACTION: Supplemental Announcement a ‘‘closed-loop’’ feedstock supply program including technical aspects, 14 to the Broad Based Solicitation for system and a technically viable co-firing funding, application preparation Financial Assistance Applications DE– boiler system for power production. The instructions, application evaluation PS36–99GO10383 overall objective of selected projects is criteria, and other factors that will be to successfully demonstrate the viability SUMMARY: The U.S. Department of considered when selecting projects for of co-firing ‘‘closed-loop’’ agricultural funding. Issuance of the solicitation is biomass as a supplemental fuel for Energy (DOE), pursuant to the DOE Financial Assistance Rules, 10 CFR planned for July 6, 1999, with responses power production. To meet this due on August 6, 1999. objective, successful applicants will: (1) 600.8, is announcing its intention to solicit applications for Co-firing FOR FURTHER INFORMATION CONTACT: determine the optimum parameters for Ruth E. Adams, Contracting Officer, at low-cost, high-performance co-firing of Biomass with Lignite. Financial assistance award(s) issued under this 303–275–4722, e-mail ‘‘closed-loop’’ biomass fuels with coal of [email protected], or Robert natural gas for power production Supplemental Announcement will be cooperative agreements. Martin, Project Officer, at 303–275– through pilot-scale biomass co-firing 4763, e-mail [email protected]. tests; and (2) validate the operational DATES: The solicitation will be issued on viability of co-firing biomass with coal or about July 6, 1999. Issued in Golden, Colorado, on June 29, through a full-scale demonstration. ADDRESSES: Copies of the Solicitation 1999. Awards under this Supplemental once issued, can be obtained from the Matthew A. Barron, Announcement will be Cooperative Golden Field Office Home page at http:/ Acting Procurement Director, GO. Agreements with a term of up to two /www.eren.doe.gov/golden/ [FR Doc. 99–17199 Filed 7–6–99; 8:45 am] years. Subject to funding availability, solicitations.html. BILLING CODE 6450±01±P the total DOE funding available under SUPPLEMENTARY INFORMATION: DOE is this Supplemental Announcement will requesting public, private, and business be approximately $1,500,000. DOE proponents of biomass energy to DEPARTMENT OF ENERGY anticipates selecting one application for undertake cost-shared projects that Secretary of Energy Advisory Board; award under this Supplemental demonstrate the viability of co-firing Open Meeting Announcement. A minimum cost share biomass with lignite coal for power of 50% of total project costs is required production. Respondents are AGENCY: Department of Energy.
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SUMMARY: Consistent with the fashion that will, in the Chairman’s SUPPLEMENTARY INFORMATION: The provisions of the Federal Advisory judgment, facilitate the orderly conduct purpose of the Laboratory Operations Committee Act (Pub. L. 92–463, 86 Stat. of business. During its meeting in Board is to provide advice to the 770), notice is hereby given of the Washington, DC, the Task Force Secretary of Energy Advisory Board following advisory committee meeting: welcomes public comment. Members of regarding the strategic direction of the Name: Secretary of Energy Advisory the public will be heard in the order in Department’s laboratories, the Board—Task Force on Fusion Energy which they sign up at the beginning of coordination of budget and policy issues DATES AND TIMES: Friday, July 9, 1999, 9 the meeting. The Task Force will make affecting laboratory operations, and the a.m.–11:30 a.m. every effort to hear the views of all reduction of unnecessary and ADDRESSES: Crowne Plaza Hotel, interested parties. Written comments counterproductive management burdens Lafayette Park Room, 14th and K may be submitted to Skila Harris, on the laboratories. The Laboratory Streets, NW, Washington, DC 20005. Executive Director, Secretary of Energy Operations Board’s goal is to facilitate Advisory Board, AB–1, U.S. Department the productive and cost-effective SUPPLEMENTARY INFORMATION: The of Energy, 1000 Independence Avenue, utilization of the Department’s purpose of the Task Force on Fusion SW, Washington, DC 20585. This notice laboratory system and the application of Energy is to review the Department of is being published less than 15 days best business practices. Energy’s plans for research and before the date of the meeting due to the development of four fusion related Tentative Agenda late resolution of programmatic issues. technologies—pulsed-power, lasers, ion Thursday, July 15, 1999 drivers, and magnetic fusion—and to Minutes provide advice to the Secretary of 8:30–9 a.m.—Opening Remarks—Co- Minutes and a transcript of the Energy Advisory Board on how to Chairs: E. Moniz & J. McTague meeting will be available for public structure the Department’s fusion energy 9–9:30 a.m.—Status Reports review and copying approximately 30 programs, both inertial and magnetic. 9:30–10 a.m.—Report on Technology days following the meeting at the The findings and recommendation of Portfolio Analysis and Roadmaps Freedom of Information Public Reading the Task Force on Fusion Energy are to 10–10:15 a.m.—Break Room, 1E–190 Forrestal Building, 1000 comment on the goals and objectives of 10:15–11 a.m.—Presentation on the Independence Avenue, SW, the Department’s fusion energy related Positive Results of Performance Based Washington, DC, between 9 a.m. and 4 programs, provide a critique of the Management p.m., Monday through Friday except current development strategies, suggest 11–12 p.m.—Discussion of the New Federal holidays. Further information changes in the overall fusion energy Field Management Structure on the Task Force on Fusion Energy roadmap, and recommended funding 12–1 p.m.—Lunch Break may be found at the Secretary of Energy levels. The purpose of this meeting will 1–2 p.m.—Discussion of New Work Plan Advisory Board’s web site, located at be to discuss the draft findings and 2–2:30 p.m.—Public Comment Period http://www.hr.doe.gov/seab. recommendations of the Task Force on 2:30 p.m.—Adjourn Fusion Energy. Issued at Washington, DC, on July 1, 1999. This tentative agenda is subject to Rachel M. Samuel, change. A final agenda will be available Tentative Agenda Deputy Advisory Committee Management at the meeting. Friday, July 9, 1999 Officer. Public Participation 9–9:10 a.m.—Opening Remarks, [FR Doc. 99–17196 Filed 7–6–99; 8:45 am] The Chairman of the Laboratory Introductions & Objectives—Dr. BILLING CODE 6450±01±P Richard Meserve, Task Force Operations Board is empowered to Chairman conduct the meeting in a way which 9:10–9:30 a.m.—Overview: Draft DEPARTMENT OF ENERGY will, in the Chairman’s judgment, Findings and Recommendations of facilitate the orderly conduct of Secretary of Energy Advisory Board; the Task Force on Fusion Energy—Dr. business. During its meeting in Newport Open Meeting Richard Meserve News, Virginia the Laboratory Operations Board welcomes public 9:30–10 a.m.—Fusion Energy Program AGENCY: Department of Energy. Comments on the Draft Findings and comment. Members of the public will be SUMMARY: Consistent with the Recommendations—Dr. N. Anne heard in the order in which they sign up provisions of the Federal Advisory Davies, Associate Director, Office of at the beginning of the meeting. The Committee Act (Pub. L. 92–463, 86 Stat. Fusion Energy Sciences Laboratory Operations Board will make 10–10:30 a.m.—Inertial Confinement 770), notice is hereby given of the every effort to hear the views of all Fusion Program Comments on the following advisory committee meeting: interested parties. Written comments Draft Findings and Name: Secretary of Energy Advisory may be submitted to Skila Harris, Recommendations—To Be Board—Laboratory Operations Board. Executive Director, Secretary of Energy Announced, Office of Defense DATES AND TIMES: Thursday, July 15, Advisory Board, AB–1, US Department Programs 1999, 8:30 a.m.–2:30 p.m. of Energy, 1000 Independence Avenue, 10:30–10:45 a.m.—Break SW, Washington, DC 20585. This notice ADDRESSES: 10:45–11:30 a.m.—Public Comment Thomas Jefferson National is being published less than 15 days Period Accelerator Facility, ARC Building before the date of the meeting due to the 11:30 a.m.—Adjourn Auditorium, 12000 Jefferson Avenue, late resolution of programmatic issues. Newport News, Virginia 23606. This tentative agenda is subject to Minutes change. The final agenda will be FOR FURTHER INFORMATION CONTACT: available at the meeting. Richard C. Burrow, Secretary of Energy Minutes and a transcript of the Advisory Board (AB–1), US Department meeting will be available for public Public Participation of Energy, 1000 Independence Avenue, review and copying approximately 30 The Chairman of the Task Force is SW, Washington, DC 20585, (202) 586– days following the meeting at the empowered to conduct the meeting in a 1709. Freedom of Information Public Reading
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Room, 1E–190 Forrestal Building, 1000 rims.htm (call 202–208–2222 for Commission’s Procedural Rules (18 CFR Independence Avenue, SW, assistance). 385.214) a motion to intervene or notice Washington, DC, between 9 a.m. and 4 Linwood A. Watson, Jr., of intervention and pursuant to Section p.m., Monday through Friday except Acting Secretary. 157.205 of the Regulations under the Federal holidays. Information on the [FR Doc. 99–17106 Filed 7–6–99; 8:45 am] NGA (18 CFR 157.205) a protest to the Laboratory Operations Board may also BILLING CODE 6717±01±M request. If no protest is filed within the be found at the Secretary of Energy allowed time, the proposed activity Advisory Board’s web site, located at shall be deemed to be authorized http://www.hr.doe.gov/seab. DEPARTMENT OF ENERGY effective the day after the time allowed Issued at Washington, DC, on July 1, 1999. for filing a protest. If a protest is filed Federal Energy Regulatory and not withdrawn within 30 days after Rachel M. Samuel, Commission the time allowed for filing a protest, the Deputy Advisory Committee Management instant request shall be treated as an [Docket No. CP99±570±000] Officer. application for authorization pursuant [FR Doc. 99–17197 Filed 7–6–99; 8:45 am] Colorado Interstate Gas Company; to Section 7 of the NGA. BILLING CODE 6450±01±P Request Under Blanket Authorization Linwood A. Watson, Jr., Acting Secretary. June 30, 1999. [FR Doc. 99–17104 Filed 7–6–99; 8:45 am] DEPARTMENT OF ENERGY Take notice that on June 28, 1999, BILLING CODE 6717±01±M Colorado Interstate Gas Company (CIG), Federal Energy Regulatory P.O. Box 1087, Colorado Springs, Commission Colorado 80944, filed a prior notice DEPARTMENT OF ENERGY request with the Commission in Docket [Docket No. RP98±324±002] No. CP99–570–000 pursuant to Section Federal Energy Regulatory 157.205 of the Commission’s Commission Blue Lake Gas Storage Company; Regulations under the Natural Gas Act Request for Waiver (NGA) for authorization to increase the [Docket No. GT99±54±000] June 30, 1999. Maximum Allowable Operating Colorado Interstate Gas Company; Take notice that on June 4, 1999, Blue Pressure (MAOP) at an existing delivery Filing of Refund Report Lake Gas Storage Company (Blue Lake), lateral in El Paso County, Colorado, June 30, 1999. tendered for filing a request to waiver under CIG’s blanket certificate issued in Docket No. CP83–21–000 pursuant to Take notice that on June 25, 1999, the interactive web site requirements set Section 7 of the NGA, all as more fully Colorado Interstate Gas Company (CIG) forth in Commission Order Nos. 587–G set forth in the request which is open to filed a refund report pursuant to Docket and 587–I. Blue Lake states that it has the public for inspection. The No. RP92–133–001. CIG states that this only one firm customer, an affiliate, application may be viewed on the web filing and refund were made to comply which contracts for Blue Lake’s full at www.ferc.fed.us/online/rims.htm with the Commission’s Order dated storage capacity. According to the filing, (call 202–208–2222) for assistance). August 28, 1992. Refunds were paid by this customer has advised Blue Lake CIG proposes to increase the MAOP at CIG on June 11, 1999. that it has no need, now or in the future, an existing delivery lateral used to serve CIG states that the report summarizes to be able to transact business with the the city of Colorado Springs, Colorado, refunds made by CIG to its customers Blue Lake on the Internet. In the from 717 psig to 820 psig. CIG states for the period January 1, 1998 through alternative, Blue Lake requests an that is would also replace its North December 31, 1998, pursuant to Docket extension of time to implement the Colorado Springs lateral, a 10-inch No. RP92–133–001. interactive web site requirements until a diameter lateral approximately 2,000 CIG states that copies of CIG’s filing Part 284 customer requests that Blue feet in length, under Part 157.208 of the have been served on CIG’s Lake offer transactions via the web site. Commission’s Regulations. CIG further transportation customers, interested Blue Lake states that copies of its states that because the lateral’s age state commissions, and all parties to the filing have been served upon each (constructed in the 1930s) and its proceedings. person designated on the official service proximity to major residential growth Any person desiring to be heard or to list compiled by the Secretary of the (Northeast Colorado Springs), plus protest said filing should file a motion Commission. serving as a major delivery point to the to intervene or a protest with the Any person desiring to protest this city of Colorado Springs, CIG intends to Federal Energy Regulatory Commission, filing should file a protest with the replace the lateral under the automatic 888 First Street, N.E., Washington, D.C. Federal Energy Regulatory Commission, provisions of its blanket certificate this 20426, in accordance with Sections 888 First Street, NE, Washington, DC summer. CIG states that the increase in 385.214 or 385.211 of the Commission’s 20426, in accordance with Section the meter’s MAOP would match the Rules and Regulations. All such motions 385.211 of the Commission’s Rules and mainline MAOP delivering natural gas or protests must be filed on or before Regulations. All such protests must be to the North Colorado Springs lateral. July 8, 1999. Protests will be considered filed on or before July 8, 1999. Protests Any questions regarding the by the Commission in determining the will be considered by the Commission application should be directed to James appropriate action to be taken, but will in determining the appropriate action to R. West, Manager, Certificates, at (719) not serve to make protestants parties to be taken, but will not serve to make 520–4679, Colorado Interstate Gas the proceedings. Any person wishing to protestants parties to the proceedings. Company, P.O. Box 1087, Colorado become a party must file a motion to Copies of this filing are on file with the Springs, Colorado 80944. intervene. Copies of this filing are on Commission and are available for public Any person or the Commission’s staff file with the Commission and are inspection in the Public Reference may, within 45 days after the available for public inspection in the Room. This filing may be viewed on the Commission has issued this notice, file Public Reference Room. This filing may web at http://www.ferc.fed.us/online/ pursuant to Rule 214 of the be viewed on the web at http://
VerDate 18-JUN-99 11:38 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\A07JY3.155 pfrm03 PsN: 07JYN1 36678 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Notices www.ferc.fed.us/online/rims.htm (call DEPARTMENT OF ENERGY implementation dates for computer- 202–208–2222 for assistance). related capacity release GISB standards. Linwood A. Watson, Jr., Federal Energy Regulatory Viking requests the Commission to Commission Acting Secretary. grant Viking an extension of time to June 1, 2000, to implement the [FR Doc. 99–17110 Filed 7–6–99; 8:45 am] [Docket No. RP98±326±001] computer-related capacity release GISB BILLING CODE 6717±01±M Steuben Gas Storage Company; standards. Viking says it needs Request for Waiver additional time to test and to implement its capacity release computer DEPARTMENT OF ENERGY June 30, 1999. components. Viking further requests Federal Energy Regulatory Take notice that on June 4, 1999, temporary waiver until June 1, 2000, to comply with all other computer-related Commission Steuben Gas Storage Company (Steuben) tendered for filing a request to waive the GISB standards. interactive web site requirements set Any person desiring to protest said [Docket No. GT99±53±000] forth in Commission Order Nos. 587–G filing should file a protest with the and 587–I. Steuben states that its three Federal Federal Energy Regulatory Southern Natural Gas Company; firm customers are all Part 157 Commission, 888 First Street, NE, Refund Report customers, and have not expressed Washington, DC 20426, in accordance June 30, 1999. interest in carrying out transactions with Section 385.211 of the through the Internet. In the alternative, Commission’s Rules and Regulations. Take notice that on June 25, 1999 Steuben requests an extension of time to All such protests must be filed on or Southern Natural Gas Company implement the interactive web site before July 8, 1999. Protests will be (Southern) tendered for filing a Refund requirements until a Part 284 customer considered by the Commission in Report reflecting its refund of certain requests that Steuben offer transactions determining appropriate action to be amounts to its eligible firm shippers. via its web site. taken, but will not serve to make These amounts represent a flow-through Steuben states that copies of its filing protestants parties to the proceedings. of refunds received from the Gas have been served upon each person Copies of this filing are on file with the Research Institute (GRI). designated on the official service list Commission and are available for public The report states that Southern compiled by the Secretary of the inspection in the Public Reference refunded $2,694,294 to its eligible Commission. Room. This filing may be viewed on the web at http:www.ferc.fed.us/online/ shippers on June 11, 1999, which Any person desiring to protest this filing should file a protest with the rims.htm (call (202–208–2222 for represents the amount received from Federal Energy Regulatory Commission, assistance). GRI as required by the Commission’s 888 First Street, N.E., Washington, D.C. Order dated February 22, 1995. Linwood A. Watson, Jr., 20426, in accordance with Section Acting Secretary. Any person desiring to be heard or to 385.211 of the Commission’s Rules and [FR Doc 99–17150 Filed 7–6–99; 8:45 am] protest said filing should file a motion Regulations. All such protests must be BILLING CODE 6717±01±M to intervene or a protest with the filed on or before July 8, 1999. Protests Federal Energy Regulatory Commission, will be considered by the Commission 888 First Street, N.E., Washington, D.C. in determining the appropriate action to DEPARTMENT OF ENERGY 20426, in accordance with Sections be taken, but will not serve to make 385.214 or 385.211 of the Commission’s protestants parties to the proceedings. Federal Energy Regulatory Rules and Regulations. All such motions Copies of this filing are on file with the Commission or protests must be filed on or before Commission and are available for public [Docket No. GT99±55±000] July 8, 1999. Protests will be considered inspection in the Public Reference by the Commission in determining the Room. This filing may be viewed on the Wyoming Interstate Company, LTD; appropriate action to be taken, but will web at http://www.ferc.fed.us/online/ GRI Refund Report not serve to make protestants parties to rims.htm (call 202–208–2222 for the proceedings. Any person wishing to assistance). June 30, 1999. become a party must file a motion to Linwood A. Watson, Jr., Take notice that on June 25, 1999, intervene. Copies of this filing are on Acting Secretary. Wyoming Interstate Company Ltd. file with the Commission and are [FR Doc. 99–17105 Filed 7–6–99; 8:45 am] (WIC) tendered for filing a refund report available for public inspection in the BILLING CODE 6717±01±M pursuant to Docket RP92–133–001. WIC Public Reference Room. This filing may states that the filing and refund were made to comply with the Commission’s be viewed on the web at http:// DEPARTMENT OF ENERGY Order dated August 28, 1992. www.ferc.fed.us/online/rims.htm (call On June 11, 1999, WIC states that it 202–208–2222 for assistance). Federal Energy Regulatory refunded to its transportation customers Linwood A. Watson, Jr., Commission their respective share of the refunds Acting Secretary. received from GRI. WIC states that the [Docket No. RP97±156±008] [FR Doc. 99–17111 Filed 7–6–99; 8:45 am] report summarizes the refunds made by BILLING CODE 6717±01±M Viking Gas Transmission Company; WIC to its transportation customers on Filing June 11, 1999. WIC states that copies of the filing June 30, 1999. have been served upon WIC’s Take notice that on June 1, 1999, transportation customers, interested Viking Gas Transmission Company state commissions and all parties to the (Viking) filed for an extension of proceeding.
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Any person desiring to be heard or to The Commission’s Rules and Practice application. Submission of a timely protest said filing should file a motion and Procedure require all intervenors notice of intent to file a development to intervene or a protest with the filing documents with the Commission application allows an interested person Federal Energy Regulatory Commission, to serve a copy of that document on to file the competing application no 888 First Street, N.E., Washington, D.C. each person whose name appears on the later than 120 days after the specified 20426, in accordance with Sections official service list for the project. comment date for the particular 385.214 or 385.211 of the Commission’s Further, if an intervenor files comments application. A competing license Rules and Regulations. All such motions or documents with the Commission application must conform with 18 CFR or protests must be filed on or before relating to the merits of an issue that 4.30(b) and 4.36. July 8, 1999. Protests will be considered may affect the responsibilities of a Notice of intent—A notice of intent by the Commission in determining the particular resource agency, they must must specify the exact name, business appropriate action to be taken, but will also serve a copy of the document on address, and telephone number of the not serve to make protestants parties to that resource agency. prospective applicant, and must include the proceedings. Any person wishing to k. Description of Project: The an unequivocal statement of intent to become a party must file a motion to proposed project would consist of the submit, if such an application may be intervene. Copies of this filing are on following: (1) an existing 10-food-high, filed, either a preliminary permit file with the Commission and are 150-foot-long rockfill dam; (2) a pond application or a development available for public inspection in the with a surface area of 7 acres and a gross application (specify which type of Public Reference Room. This filing may storage of 1.9 million cubic feet; (3) an application). A notice of intent must be be viewed on the web at http:// 18-inch-diameter, 12-foot-long penstock; served on the applicant(s) named in this www.ferc.fed.us/online/rims.htm (call (4) a powerhouse containing two public notice. 202–208–222 for assistance). generating units with a combined Proposed Scope of Studies under Permit—A preliminary permit, if issued, Linwood A. Watson, Jr., capacity of 5,000 kW and an estimated average annual generation of 26 GWh; does not authorize construction. The Acting Secretary. (5) a concrete pad tailrace from the term of the proposed preliminary permit [FR Doc. 99–17109 Filed 7–6–99; 8:45 am] powerhouse to the Winnetuxet River; would be 36 months. The work BILLING CODE 6717±01±M and (6) a 400-foot-long transmission proposed under the preliminary permit line. The dam is owned by the Town of would include economic analysis, Plympton, at address P.O. Box 97 preparation of preliminary engineering DEPARTMENT OF ENERGY Plympton, MA 02367. plans, and a study of environmental Federal Energy Regulatory l. Locations of the application: A copy impacts. Based on the results of these Commission of the application is available for studies, the Applicant would decide inspection and reproduction at the whether to proceed with the preparation Application Accepted for Filing and Commission’s Public Reference and of a development application to Soliciting Motions to Intervene and Files Maintenance Branch, located at construct and operate the project. Protests 888 First Street, N.E., Room 2A, Comments, Protests, or Motions to Washington, D.C. 20426, or by calling Intervene—Anyone may submit June 30, 1999. (202) 219–1371. The application may be comments, a protest, or a motion to Take notice that the following viewed on the web at http:// intervene in accordance with the hydroelectric application has been filed www.ferc.fed.us/online/rims.htm (call requirements of Rules of Practice and with the Commission and is available (202) 208–2222 for assistance). A copy Procedure, 18 CFR 385.210, 211, 214. In for public inspection: is also available for inspection and determining the appropriate action to a. Type of Application: Preliminary reproduction at the address in the item take, the Commission will consider all Permit. h above. protests or other comments filed, but b. Project No.: P–11666–000. Prelimianry Permit—Anyone desiring only those who file a motion to c. Date filed: January 27, 1999. to file a competing application for intervene in accordance with the d. Applicant: Aces Wild Farm. preliminary permit for a proposed Commission’s Rules may become a e. Name of Project: Wright Forge Pond project must submit the competing party to the proceeding. Any comments, Project. application itself, or a notice of intent to protests, or motions to intervene must f. Location: On the Winnetuxet River, file such an application, to the be received on or before the specified near the Town of Pympton, Plymouth Commission on or before the specified comment date for the particular County, Massachusetts. comment date for the particular application. g. Filed Pursuant to: Federal Power application (see 18 CFR 4.36). Filing and Service of Responsive Act 16 U.S.C. 791(a)–825(r). Submission of a timely notice of intent Documents—Any filings must bear in h. Applicant Contact: Ms. Patricia allows an interested person to file the all capital letters the title Altaffer-Pina, Aces Wild Farm, 59 competing preliminary permit ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT Parsonage Road, Plympton, application no later than 30 days after TO FILE COMPETING APPLICATION’’, Massachusetts 02367, (781) 585–3243. the specified comment date for the ‘‘COMPETING APPLICATION’’, i. FERC Contact: Michael Spencer, particular application. A competing ‘‘PROTEST’’, ‘‘MOTION TO Michael. [email protected], (202) preliminary permit application must INTERVENE’’, as applicable, and the 219–2846. conform with 18 CFR 4.30(b) and 4.36. Project Number of the particular j. Deadline for filing motions to Preliminary Permit—Any qualified application to which the filing refers. intervene and protest: 60 days from the development applicant desiring to file a Any of the above-named documents issuance date of this notice. competing development application must be filed by providing the original All documents (original and eight must submit to the Commission, on or and the number of copies provided by copies) should be field with: David P. before a specified comment date for the the Commission’s regulations to: The Boergers, Secretary, Federal Energy particular application, either a Secretary, Federal Energy Regulatory Regulatory Commission, 888 First competing development application or a Commission, 888 First Street, N.E., Street, NE, Washington, DC 20426. notice of intent to file such an Washington, D.C. 20426. An additional
VerDate 18-JUN-99 11:38 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\A07JY3.022 pfrm03 PsN: 07JYN1 36680 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Notices copy must be sent to Director, Division Boergers, Secretary, Federal Regulatory comments, reply comments, of Project Review, Federal Energy Commission, 888 First Street, NE, recommendations, terms and Regulatory Commission, at the above- Washington, DC 20426. conditions, and prescriptions. The Commission’s Rules of Practice mentioned address. A copy of any The Commission directs, pursuant to and Procedure require all intervenors notice of intent, competing application Section 4.34(b) of the Regulations (see or motion to intervene must also be filing documents with the Commission order No. 533 issued May 8, 1999, 56 FR served upon each representative of the to serve a copy of that document on 23108, May 20, 1991) that all comments Applicant specified in the particular each person whose name appears on the application. official service list for the project. recommendations, terms and conditions Agency Comments—Federal, state, Further, if an intervenor files comments and prescriptions concerning the and local agencies are invited to file or documents with the Commission application be filed with the comments on the described application. relating to the merits of an issue that Commission within 60 days from the A copy of the application may be may affect the responsibilities of a issuance date of this notice. All reply obtained by agencies directly from the particular resource agency, they must comments must be filed with the Applicant. If an agency does not file also serve a copy of the document on Commission within 105 days from the comments within the time specified for that resource agency. date of this notice. k. Status of environmental analysis: filing comments, it will be presumed to Anyone may obtain an extension of This application has been accepted for have no comments. One copy of an time for these deadlines from the agency’s comments must also be sent to filing and is ready for environmental analysis at this time. Scoping meetings Commission only upon a showing of the Applicant’s representatives. good cause or extraordinary Linwood A. Watson, Jr., and a site visit were held on May 26, 1999. Representatives of the Wisconsin circumstances in accordance with 18 Acting Secretary. Department of Natural Resources CFR 385.2008. [FR Doc. 99–17107 Filed 7–6–99; 8:45 am] (WDNR) and the U.S. Fish and Wildlife All filings must (1) bear in all capital BILLING CODE 6717±01±M Service (FWS) attended the site visit letters the title ‘‘COMMENTS’’, ‘‘REPLY and the daytime meeting. The WDNR COMMENTS’’, indicated that its water quality DEPARTMENT OF ENERGY ‘‘RECOMMENDATIONS,’’ ‘‘TERMS certificate, issued October 29, 1998, AND CONDITIONS,’’ OR Federal Energy Regulatory adequately addresses WDNR concerns. ‘‘PRESCRIPTIONS,’’ (2) set forth in the Commission The FWS stated that the comments heading the name of the applicant and made in its November 28, 1997 letter, the project number of the application to are still applicable. No one attended the Application Ready for Environmental which the filing responds; (3) furnish evening meeting. At the meetings, no Analysis and Soliciting Comments, the name, address, and telephone additional issues or alternatives were Recommendations, Terms and number of the person submitting the Conditions, and Prescriptions identified beyond those summarized in our Scoping Document 1 and no written filing; and (4) otherwise comply with June 30, 1999. comments were received prior to the the requirements of 18 CFR 385.2001 Take notice that the following deadline for submitting scoping through 385.2005. All comments, hydroelectric application has been filed comments; therefore, a second scoping recommendations, terms and conditions with the Commission and is available document has not been prepared. or prescriptions must set forth their for public inspection: l. Description of Project: The project evidentiary basis and otherwise comply a. Type of Application: New Major consists of the following existing with the requirements of 18 CFR 4.34(b). License. facilities: (1) an integral intake Agencies may obtain copies of the b. Project No.: P–2588–004. powerhouse, located at the right application directly from the applicant. c. Date filed: July 10, 1998. abutment of the United States Army Any of these documents must be filed d. Applicant: City of Kaukauna. Corps of Engineers’ Little Chute Dam, by providing the original and the e. Name of Project: Little Chute containing three units with a total number of copies required by the Hydroelectric Project. installed capacity of 3,300 kW; (2) Commission’s regulations to: The f. Location: On the Fox River in the connections to three 2.4/12-kV single Secretary, Federal Energy Regulatory Village of Combined Locks, Outagamie phase transformers and a 12-kV Commission, 888 First Street, N.E., County, Wisconsin. transmission line 1.25 miles long; and Washington, D.C. 20426. An additional g. Filed Pursuant to: Federal Power (3) other appurtenances. copy must be sent to Director, Division Act 16 U.S.C. 791(a)–825(r). m. Locations of the application: A of Project Review, Office of Hydropower h. Applicant Contact: Peter D. Prast, copy of the application is available for P.E. General Manager, Kaukauna inspection and reproduction at the Licensing, Federal Energy Regulatory Electric & Water Department, 777 Island Commission’s Public Reference Room, Commission, at the above address. Each Street, P.O. Box 1777, Kaukauna, located at 888 First Street, NE, Room filing must be accompanied by proof of Wisconsin 54130. 2A, Washington, D.C. 20426, or by service on all persons listed on the i. FERC Contact: Any questions on calling (202) 208–1371. The application service list prepared by the Commission this notice should be addressed to Steve may be viewed on the web at http:// in this proceeding, in accordance with Kartalia, E-mail address www.ferc.fed.us/online/rims.htm (call 18 CFR 4.34(b), and 385.2010. [email protected], or 202–208–2222 for assistance). A copy is Linwood A. Watson, Jr., telephone (202) 219–2942. also available for inspection and Acting Secretary. j. Deadline for filing comments, reproduction at the address in item h [FR Doc. 99–17108 Filed 7–6–99; 8:45 am] recommendations, terms and above. BILLING CODE 6717±01±M conditions, and prescriptions: 60 days Filing and Service of Responsive from the issuance date of this notice. Documents—The application is ready All documents (original and eight for environmental analysis at this time, copies) should be filed with: David P. and the Commission is requesting
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DEPARTMENT OF ENERGY texts of formal documents issued by the constitute a proposal by the Commission. Commission. CIPS can be assessed via These preliminary recommendations are Federal Energy Regulatory Internet through FERC’s Home Page based in part on an analysis of comments Commission (http://www.ferc.fed.us) using the CIPS received in response to a request for link or the Energy Information Online comments issued in Docket No. PL98–1–000 [Docket No. PL98±1±001] icon. The full text of this document will on May 13, 1998. They are available on the be available on CIPS in ASCII and Commission’s web site (http:// Public Access to Information and www.ferc.fed.us/efi/efi.htm). Through this WordPerfect 6.1 format. User assistance Electronic Filing; Comment Period on link, interested persons can access all Staff Issue Paper on Electronic Filing is available at 202–208–2474 or by E- information pertinent to Docket No. PL98–1, mail to [email protected]. including comments and materials from all June 30, 1999. This document is also available previous technical conferences. AGENCY: Federal Energy Regulatory through the Commission’s Records and At the conference, Staff also demonstrated Commission. Information Management Systems prototype screens for electronic filing. ACTION: Notice of comment period on (RIMS), an electronic storage and Interested persons may access the prototype staff issue paper on electronic filing. retrieval system of documents submitted at http://itdevl.ferc.fed.us/. There is a to and issued by the Commission after message board where interested persons can SUMMARY: The Federal Energy November 16, 1981, Documents from post comments on the prototype, including Regulatory Commission Staff (Staff) November 1995 to the present can be any suggested changes. Comments posted on held a technical conference on viewed and printed. RIMS is available the message board are viewable by anyone electronic filings on June 24, 1999. Prior in the Public Reference Room or accessing the system. It is not necessary to to the conference, Staff posted on its remotely via Internet through FERC’s. formally submit message board comments to the Commission unless you want your web site an issue paper containing Homepage using the RIMS link or the Energy Information Online icon. User comments included in the formal record of Staff’s analysis and preliminary this proceeding. recommendation on various electronic assistance is available at 202–208–2222, filing issues. At the conference, Staff or E-mail to [email protected]. Comment Procedures stated that additional comments on the Finally, the complete text on diskette The Commission invites interested persons issue paper may be filed on or before in WordPerfect may be purchased from to submit written comments on the matters July 15, 1999. This notice provides the Commission’s copy contractor, RVJ and issues referenced in this notice, interested persons with an opportunity International, RVJ International, Inc., is including any related matters or alternative to file these comments. located in the Public Reference Room proposals that commenters may wish to discuss. DATES: Comments must be filed by close 888 First Street, N.E., Washington, DC 20426. The original and 14 copies of such of business on July 15, 1999. comments must be received by the ADDRESSES: Send comments to: Office of DEPARTMENT OF ENERGY Commission before 5:00 p.m. on July 15, the Secretary, Federal Energy Regulatory Notice of Comment Period on Staff Issue 1999. Comments should be submitted to the Commission, 888 First Street, N.E., Paper on Electronic Filing Office of the Secretary, Federal Energy Regulatory Commission, 888 First Street, Washington, D.C. 20426. Take notice that the Federal Energy N.E., Washington, D.C. 20426 and should FOR FURTHER INFORMATION CONTACT: Regulatory Commission (Commission) will allow comments to be filed on a staff issue refer to Docket No. PL98–1–001. Brooks Carter, Office of the Chief paper on electronic filing issues on or before In addition to filing paper copies, the Information Officer, Federal Energy July 15, 1999. Staff posted the issue paper on Commission encourages the filing of Regulatory Commission, 888 First the Commission’s web site 10 days in comments either on computer diskette or via Street, N.E., Room 42–29, advance of the Commission’s June 24, 1999, Internet E-Mail. Comments may be filed in Washington, D.C. 20426, (202) 501– Technical Conference on electronic filing. the following formats: WordPerfect 8.0 or 8145, FAX: (202) 208–2425, E–Mail: Staff announced at the conference that it below, MS Word Office 97 or lower version, brooks,[email protected]. would allow comments to be filed on the or ASCII format. Wilbur Miller, Office of the General issue paper and is herein providing formal For diskette filing, include the following information on the diskette label: Docket No. Counsel, Federal Energy Regulatory notice that any person interested in this docket may file comments, regardless of PL98–1–001; the name of the filing entry; the Commission, 888 First Street, N.E., whether they participated in the technical software and version used to create the file; Room 91–17, Washington, D.C. 20426, conference. and the name and telephone number of a (202) 208–0953. The issue paper contains Staff’s analyses contact person. SUPPLEMENTARY INFORMATION: In and preliminary recommendations for major For Internet E-Mail submission, comments addition to publishing the full text of electronic filing issues, including: should be submitted to this document in the Federal Register, (1) Filing Formats ‘‘[email protected]’’ in the following the Commission also provides all (2) Citation format. On the subject line, specify Docket interested persons an opportunity to (3) Record Retention No. PL98–1–001. In the body of the E-Mail (4) Official Filing Date inspect or copy the contents of this message, include the name of the filing (5) Electronic Filing Authentication and entity; the software and version used to document during normal business hours Verification (Signatures) create the file, and the name and telephone in the Public Reference Room at 888 (6) Document Content Standards (for number of the contact person. Attach the First Street, N.E., Room 2A, Electronic Submissions) comment to the E-Mail in one of the formats Washington, DC 20426. (7) Electronic Filing Phase 1 Profile specified above. The Commission will send The Commission Issuance Posting The recommendations are Staff’s an automatic acknowledgement to the System (CIPS) provides access to the preliminary recommendations and do not sender’s E-Mail address upon
VerDate 18-JUN-99 16:00 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\07JYN1.XXX pfrm08 PsN: 07JYN1 36682 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Notices receipt. Questions on electronic filing should U.S. Environmental Protection Agency, In accordance with 40 CFR 2.305(h) be directed to Brooks Carter at 202–501– 401 M Street, SW, Washington, DC (see 42 U.S.C. 6927(b)), EPA has 8145, E-Mail address 20460, 703–308–7909. determined that ERG, Inc. and SAIC, [email protected]. SUPPLEMENTARY INFORMATION: Inc. require access to CBI submitted to Commenters should take note that, until EPA under the authority of RCRA to the Commission amends its rules and 1. Transfer of Confidential Business perform work satisfactorily under the regulations, the paper copy of the filing Information remains the official copy of the document above-noted contract. EPA is submitting submitted. Therefore, any discrepancies Under EPA Contract No. 68–C5–0032, this notice to inform all submitters of between the paper filing and the electronic ERG., Inc. will support the Office of CBI of EPA’s intent to transfer CBI to filing or the diskette will be resolved by Water in developing and effluent these firms on a need-to-know basis. reference to the paper filing. guidelines rule for industrial laundries. Upon completing its review of materials All written comments will be placed in the As part of this effort, the contractor submitted, ERG. Inc. and SAIC, Inc. will Commission’s public files and will be ERG., Inc. has conducted numerous site return all CBI to EPA. available for inspection in the Commission’s EPA will authorize ERG, Inc. and Public Reference room at 888 First Street, visits at industrial laundries, and NE., Washington, D.C. 20426, during regular implemented a national survey dealing SAIC, Inc. access to RCRA CBI under business hours. Additionally, comments may with the demographics of materials the conditions and terms in EPA’s be viewed, printed, or downloaded remotely handled by industrial laundries, ‘‘Contractor Requirements for the via the Internet through FERC’s Home Page including their major customers, the Control and Security of RCRA using the RIMS or CIPS links. RIMS contains types and volumes of materials they Confidential Business Information all comments but only those comments launder, the technologies used to Security Manual.’’ Prior to transferring submitted in electronic format are available launder the incoming materials, and the CBI to ERG, Inc. and SAIC, Inc. EPA on CIPS. User assistance is available at 202– concentration and volumes of will review and approve its security 208–2222, or by E-Mail to plans and ERG, Inc. and SAIC, Inc. will [email protected]. discharges to the air, surface waters and landfills. Also, associated with this sign non-disclosure agreements. Linwood A. Watson, Jr., effort has been the development of Dated: June 30, 1999. Acting Secretary. economic and environmental impacts Elizabeth Cotsworth, [FR Doc. 99–17112 Filed 7–6–99; 8:45 am] for this industry. Acting Director, Office of Solid Waste. BILLING CODE 6717±01±M Similarly, under EPA Contract 68–W– [FR Doc. 99–17201 Filed 7–6–99; 8:45 am] 98–025, SAIC, Inc. will support the BILLING CODE 6560±50±P Office of Solid Waste in developing a ENVIRONMENTAL PROTECTION proposed rule for solvent-contaminated AGENCY shop towels, wipes and rags that could ENVIRONMENTAL PROTECTION affect an impact both generation AGENCY [FRL±6367±6] facilities, such as printers and furniture manufacturers, and industrial laundries. [FRL±6372±1] Transfer of Confidential Business As part of this effort, supporting data Information to Contractors will be provided by the Office of Water Air Pollution Control; Proposed Action on Clean Air Act Grant to the South AGENCY: Environmental Protection and their contractor. Agency (EPA). The industrial laundry industry is Coast Air Quality Management District ACTION: Notice of transfer of data and quiet sensitive to having EPA reveal AGENCY: Environmental Protection request for comments. facility specific information that could Agency (EPA). jeopardize their competitive position. ACTION: Notice; proposed determination SUMMARY: EPA will transfer to its As a result, a considerable amount of with request for comments and notice of contractors, ERG, Inc. and Science facilities where site visits were opportunity for public hearing. Applications International Corporation conducted claimed CBI. The purpose of our visits is to better understand the (SAIC) Confidential Business SUMMARY: The EPA has made a relationship between the types and Information (CBI) that has been or will proposed determination that reductions quantities of sludges generated by an be submitted to EPA under section 3007 in expenditures of non-Federal funds for industrial laundry as a function of (1) of the Resource Conservation and the South Coast Air Quality Incoming materials, particularly Recovery Act (RCRA). Under RCRA, Management District (SCAQMD) in solvent-contaminated shop towels, and EPA is involved in activities to support, Diamond Bar, California are a result of (2) the types of technologies industrial expand and implement solid and non-selective reductions in laundries might use to either remove hazardous waste regulations. expenditures. This determination, when RCRA hazardous solvents prior to the DATES: Transfer of confidential data final, will permit the SCAQMD to be laundering process, such as centrifuges submitted to EPA will occur no sooner awarded financial assistance for FY–99 or hydraulic presses, or other than July 19, 1999. by EPA, under section 105(c) of the technologies a laundry might employ to Clean Air Act (CAA). ADDRESSES: Comments should be sent to treat hazardous solvents during the Regina Magbie, Document Control laundering process, such as steam DATES: Comments and/or requests for a Officer, Office of Solid Waste (5305W), stripping. Therefore, RCRA CBI may be public hearing must be received by EPA U.S. Environmental Protection Agency, claimed by an industrial laundry facility at the address stated below by August 6, 401 M Street, SW, Washington, DC because we are collecting data 1999. 20460. Comments should be identified associated with the above, including ADDRESSES: All comments and/or as ‘‘Transfer of Confidential Data.’’ performance and cost data associated requests for a public hearing should be FOR FURTHER INFORMATION CONTACT: with pretreatment and treatment mailed to: Valerie Cooper, Grants and Regina Magbie, Document Control technologies, and sludge Program Integration Office (Air–8), Air Officer, Office of Solid Waste (5305W), characterization data. Division, U.S. EPA Region IX, 75
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Hawthorne Street, San Francisco, from a high of $66,914,362 in 1991– to a joint initiative between EPA and the California 94105–3901; FAX (415) 744– 1992 to approximately $51,750,000 in Department of Agriculture to increase 1076. 1998–1999. As a result, the SCAQMD transparency in the tolerance FOR FURTHER INFORMATION CONTACT: has instituted hiring/salary freezes, reassessment process for Valerie Cooper, Grants and Program furloughs, and layoffs, has reduced its organophosphate pesticides. Integration Office (Air–8), Air Division, equipment purchases and contract DATES: Comments, identified by docket U.S. EPA Region IX, 75 Hawthorne expenditures, and has instituted new control number OPP–34142A, must be Street, San Francisco, California 94105– programs to reduce costs such as permit received by EPA on or before September 3901 at (415) 744–1237. streamlining, computer-assisted permit 7, 1999. SUPPLEMENTARY INFORMATION: Under the processing, and privatization efforts. ADDRESSES: Comments may be authority of section 105 of the CAA, Therefore, the SCAQMD’s MOE submitted by mail, electronically, or in EPA provides financial assistance reduction resulted from a loss of fee person. Please follow the detailed (grants) to the SCAQMD, whose revenues due to circumstances beyond instructions for each method as jurisdiction includes Los Angeles and its control. EPA proposes to determine provided in Unit III. of the Orange Counties in southern California, that the SCAQMD’s lower FY–99 MOE ‘‘SUPPLEMENTARY INFORMATION’’ to aid in the operation of its air level meets the section 105(c)(2) criteria section. To ensure proper receipt by pollution control programs. In FY–98, as resulting from a non-selective EPA, it is imperative that you identify EPA awarded the SCAQMD $4,784,837, reduction of expenditures. Pursuant to docket control number OPP–34142A in which represented approximately 6.7% 40 CFR 35.210, this determination will the subject line on the first page of your of the SCAQMD’s budget. allow the SCAQMD to be awarded response. Section 105(c)(1) of the CAA, 42 financial assistance for FY–99. FOR FURTHER INFORMATION CONTACT: U.S.C. 7405(c)(1), provides that ‘‘[n]o This document constitutes a request Karen Angulo, Special Review and agency shall receive any grant under for public comment and an opportunity Reregistration Division (7508C), Office this section during any fiscal year when for public hearing as required by the of Pesticide Programs, Environmental its expenditures of non-Federal funds Clean Air Act. All written comments Protection Agency, 401 M St., SW., for recurrent expenditures for air received by August 6, 1999 on this Washington, DC 20460; telephone pollution control programs will be less proposal will be considered. EPA will number: (703) 308–8004; e-mail address: than its expenditures were for such conduct a public hearing on this [email protected]. proposal only if a written request for programs during the preceding fiscal SUPPLEMENTARY INFORMATION: such is received by EPA at the address year. In order for [EPA] to award grants I. Does This Action Apply To Me? under this section in a timely manner above by August 6, 1999. If no written each fiscal year, [EPA] shall compare an request for a hearing is received, EPA This action is directed to the public agency’s prospective expenditure level will proceed to the final determination. in general, nevertheless, a wide range of to that of its second preceding year.’’ While notice of the final determination stakeholders will be interested in EPA may still award financial assistance will not be published in the Federal obtaining the revised risk assessment to an agency not meeting this Register, copies of the determination and submitting risk management requirement, however, if EPA, ‘‘after can be obtained by sending a written comments on cadusafos, including notice and opportunity for public request to Valerie Cooper at the above environmental, human health, and hearing, determines that a reduction in address. agricultural advocates; the chemical expenditures is attributable to a non- Dated: June 28, 1999. industry; pesticide users; and members selective reduction in the expenditures Kenneth Bigos, of the public interested in the use of in the programs of all Executive branch Acting Director, Air Division, Region 9. pesticides. As such, the Agency has not agencies of the applicable unit of [FR Doc. 99–17208 Filed 7–6–99; 8:45 am] attempted to specifically describe all the entities potentially affected by this Government.’’ CAA section 105(c)(2). BILLING CODE 6560±50±P These statutory requirements are action. If you have any questions repeated in EPA’s implementing regarding the applicability of this action regulations at 40 CFR 35.210(a). ENVIRONMENTAL PROTECTION to a particular entity, consult the person In its FY–99 section 105 grant AGENCY listed in the ‘‘FOR FURTHER application the SCAQMD projected INFORMATION CONTACT’’ section. [OPP±34142A; FRL±6091±2] MOE of $62,073,222. This amount II. How Can I Get Additional represents a shortfall of $6,707,597 from Organophosphate Pesticide: Information, Including Copies Of This the actual FY–98 MOE of $68,780,819. Cadusafos; Availability of Revised Document Or Other Related In order for the SCAQMD to be eligible Risk Assessment and Public Documents? to be awarded its FY–99 grant, EPA Participation on Risk Management must make a determination under A. Electronically section 105(c)(2). AGENCY: Environmental Protection You may obtain electronic copies of The SCAQMD is a single-purpose Agency (EPA). this document and other related agency whose primary source of funding ACTION: Notice. documents from the EPA Internet Home is emission fee revenue. It is the ‘‘unit Page at http://www.epa.gov/. To access of Government’’ for section 105(c)(2) SUMMARY: This notices announces the this document, on the Home Page select purposes. The SCAQMD submitted availability of the revised risk ‘‘Laws and Regulations’’ and then look documentation to EPA which shows assessment and related documents for up the entry for this document under that over the last six years emission one organophosphate pesticide, the ‘‘Federal Register—Environmental reductions brought on by a combination cadusafos. In addition, this notice starts Documents.’’ You can also go directly to of regulated and voluntary emission a 60-day public participation period the Federal Register listings at http:// reductions and actions to minimize fee during which the public is encouraged www.epa.gov/fedrgstr/. increases on businesses have reduced to submit risk management ideas or To access information about fee revenues from stationary sources proposals. These actions are in response organophosphate pesticides and obtain
VerDate 18-JUN-99 11:38 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\A07JY3.142 pfrm03 PsN: 07JYN1 36684 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Notices electronic copies of the revised risk deliver your standard computer disk A goal of the pilot public participation assessment and related documents using the addresses in this unit. Do not process is to find a more effective way mentioned in this notice, you can also submit any information electronically for the public to participate at critical go directly to the Home Page for the that you consider to be CBI. Electronic junctures in the Agency’s development Office of Pesticide Programs (OPP) at comments must be submitted as an of organophosphate risk assessment and http://www.epa.gov/pesticides/op/. ASCII file, avoiding the use of special risk management decisions. EPA and characters and any form of encryption. USDA began implementing this pilot B. In Person Comments and data will also be process in August 1998, to increase The Agency has established an official accepted on standard computer disks in transparency and opportunities for record for this action under docket WordPerfect 5.1/6.1 or ASCII file stakeholder consultation. The control number OPP–34142A. The format. All comments in electronic form documents being released to the public official record consists of the documents must be identified by the docket control through this notice provide information specifically referenced in this action, number OPP–34142A. Electronic on the revisions that were made to the any public comments received during comments may also be filed online at cadusafos preliminary risk assessment, an applicable comment period, and many Federal Depository Libraries. which where released to the public on other information related to this action, September 9, 1998 (63 FR 48213) (FRL– B. How Should I Handle CBI 6030–2), through a notice in the Federal including any information claimed as Information That I Want To Submit To Register. Confidential Business Information (CBI). The Agency? This official record includes the As part of the pilot public documents that are physically located in Do not submit any information participation process, EPA and USDA the docket, as well as the documents electronically that you consider to be may hold public meetings (called that are referenced in those documents. CBI. You may claim information that Technical Briefings) to provide The public version of the official record you submit to EPA in response to this interested stakeholders with does not include any information document as CBI by marking any part or opportunities to become more informed claimed as CBI. The public version of all of that information as CBI. about revised organophosphate risk the official record, which includes Information so marked will not be assessment. During the Technical printed, paper versions of any electronic disclosed except in accordance with Briefings, EPA describes the major comments submitted during an procedures set forth in 40 CFR part 2. points (e.g. risk contributors), use data applicable comment period, is available In addition to one complete version of that were used (e.g. data from USDA’s for inspection in Rm. 119, Crystal Mall the comment that includes any Pesticide Data Program (PDP)), and #2, 1921 Jefferson Davis Hwy., information claimed as CBI, a copy of discusses how public comments Arlington, VA, from 8:30 a.m. to 4 p.m., the comment that does not contain the impacted the assessment. USDA Monday through Friday, excluding legal information claimed as CBI must be provides ideas on possible risk holidays. The Public Information and submitted for inclusion in the public management. Stakeholders have an Records Integrity Branch (PIRIB) version of the official record. opportunity to ask clarifying questions, telephone number is (703) 305–5805. Information not marked confidential and all meeting minutes are placed in will be included in the public version the OPP public docket. Technical III. How Can I Respond To This Action? of the official record without prior Briefings may not be held for chemicals A. How And To Whom Do I Submit notice. If you have any questions about that have limited use patterns or low Comments? CBI or the procedures for claiming CBI, levels of risk concern. Cadusafos is not please consult the person listed in the registered for use in the United States, You may submit comments through ‘‘FOR FURTHER INFORMATION and it’s use pattern is limited to an the mail, in person, or electronically. To CONTACT’’ section. import tolerance on bananas. Therefore, ensure proper receipt by EPA, you must no Technical Briefing is planned. In identify docket control number OPP– IV. What Action Is EPA Taking In This Notice? cases where no Technical Briefing is 34142A in the subject line on the first held, the Agency will make a special page of your response. EPA is making available for public effort to communicate with interested 1. By mail. Submit comments to: viewing the revised risk assessment and stakeholders in order to better ensure Public Information and Records related documents for one their understanding of the revised Integrity Branch, Information Resources organophosphate, cadusafos. These assessment and how they can and Services Division (7502C), Office of documents have been developed as part participate in the organophosphate pilot Pesticide Programs, Environmental of the pilot public participation process public participation process. EPA has a Protection Agency, 401 M St., SW., that EPA and the U.S. Department of good familiarity with the stakeholder Washington, DC 20460. Agriculture (USDA) are now using for groups associated with the use of 2. In person or by courier. Deliver involving the public in the reassessment cadusafos who may be interested in comments to: Public Information and of pesticide tolerances under the Food participating in the risk assessment/risk Records Integrity Branch, Information Quality Protection Act (FQPA), and the management process, and will contact Resources and Services Division reregistration of individual them individually to inform them that (7502C), Office of Pesticide Programs, organophosphate pesticides under the no Technical Briefing will be held. EPA Environmental Protection Agency, Rm. Federal Insecticide, Fungicide, and is willing to meet with stakeholders to 119, Crystal Mall #2, 1921 Jefferson Rodenticide Act (FIFRA). The pilot discuss the cadusafos revised risk Davis Hwy., Arlington, VA. PIRIB is public participation process was assessment. Minutes of all meetings will open 8:30 a.m. to 4 p.m., Monday developed as part of the EPA-USDA be docketed. through Friday, excluding legal Tolerance Reassessment Advisory In addition, this notice starts a 60-day holidays. The PIRIB telephone number Committee (TRAC), which was public participation period during is (703) 305–5805. established in April 1998, as a which the public is encouraged to 3. Electronically. Submit electronic subcommittee under the auspices of submit risk management proposals or comments by e-mail to: ‘‘opp- EPA’s National Advisory Council for otherwise comment on risk management [email protected],’’ or you may mail or Environmental Policy and Technology. for cadusafos. The Agency is providing
VerDate 18-JUN-99 11:38 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\A07JY3.143 pfrm03 PsN: 07JYN1 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Notices 36685 an opportunity, through this notice, for Philadelphia, PA 19103, and should the de minimis parties submitted interested parties to provide written risk refer to the Malvern TCE Superfund executed certifications to the draft management proposals or ideas to the Site, East Whiteland Township, Chester settlement proposal. Agency on the chemical specified in County, Pennsylvania. The Environmental Protection Agency this notice. EPA will provide other FOR FURTHER INFORMATION CONTACT: will receive written comments relating opportunities for public participation Michael H. Frankel (3RC41), 215/814– to this settlement for thirty (30) days and comment on issues associated with 2665, U.S. Environmental Protection the organophosphate tolerance from the date of publication of this Agency, 1650 Arch Street, Philadelphia, Notice. A copy of the proposed reassessment program. Failure to Pennsylvania 19103. participate or comment as part of this Administrative Order on Consent can be SUPPLEMENTARY INFORMATION: Notice of opportunity will in no way prejudice or obtained from Michael H. Frankel, U.S. de minimis Settlement: In accordance Environmental Protection Agency, limit a commentor’s opportunity to with Section 122(i)(1) of CERCLA, 42 participate fully in later notice and Region III, Office of Regional Counsel, U.S.C. 122(i)(1), notice is hereby given 1650 Arch Street, Philadelphia, comment processes. All comments and of a proposed administrative settlement proposals must be received by EPA on Pennsylvania, 19103 or by contacting concerning the Malvern TCE Superfund or before September 7, 1999 at the Michael H. Frankel at (215) 814–2665. Site, in East Whiteland Chester County, addresses given under the Pennsylvania. The administrative Dated: June 30, 1999. ‘‘ADDRESSES’’ section. Comments and settlement is subject to review by the proposals will become part of the Thomas Voltaggio, public pursuant to this Notice. This Agency record for the organophosphate Acting Regional Administrator, U.S. agreement is also subject to the approval specified in this notice. Environmental Protection Agency, Region III. of the Attorney General, United States [FR Doc. 99–17211 Filed 7–6–99; 8:45 am] List of Subjects Department of Justice or her designee. A BILLING CODE 6560±50±P Environmental protection, Chemicals, list of the parties who have executed Pesticides and pests. binding certifications of their consent to participate in this settlement is available Dated: June 30, 1999. from U.S. EPA at the address listed EXECUTIVE OFFICE OF THE Lois Rossi, above. PRESIDENT The one hundred and sixty-eight (168) Director, Special Review and Reregistration settling parties collectively have agreed Office of National Drug Control Policy Division, Office of Pesticide Programs. to pay $3,774,954.00 to the Hazardous [FR Doc. 99–17213 Filed 7–6–99; 8:45 am] Substances Trust Fund subject to the The Drug Free Communities Advisory BILLING CODE 6560±50±F contingency that EPA may elect not to Commission: Meeting complete the settlement if comments received from the public during this ENVIRONMENTAL PROTECTION comment period disclose facts or SUMMARY: In accordance with the Drug- AGENCY considerations which indicate the proposed settlement is inappropriate, Free Communities Act, a meeting of the [FRL±6373±6] improper, or inadequate. Monies Drug Free Communities Advisory collected from the de minimis parties Commission will be held on July 20, Proposed Administrative Settlement 1999 in the 5th floor conference room of Under the Comprehensive will be applied towards past and future response costs incurred by EPA or PRPs the Office of National Drug Control Environmental Response, Policy, located at 750 17th Street NW, Compensation, and Liability Act performing work at or in connection with the Site. The settlement includes a Washington, DC 20530. The meeting AGENCY: U.S. Environmental Protection 50% premium to cover the risk of cost will commence at 8:30 am, break for Agency. overruns or increased costs to address lunch at 12:00 pm and resume at 1:15 ACTION: Request for public comment. conditions at the Site previously pm for the afternoon session, ending at unknown to EPA but discovered after 5:00 pm. The agenda will include a SUMMARY: The U.S. Environmental the effective date of the Consent Order. discussion on grantee activities, status Protection Agency is proposing to enter EPA is entering into this agreement of grant awards, the status of training into a de minimis settlement pursuant to under the authority of Sections 107 and and technical assistance and an update Section 122(g)(4) of the Comprehensive 122(g) of CERCLA, 42 U.S.C. 9607 and on program evaluation and promoting Environmental Response, Compensation 9622(g). Section 122(g) authorizes early coalitions. There will be an opportunity and Liability Act of 1980, as amended settlements with de minimis parties to (CERCLA), 42 U.S.C. 9622(g)(4). This for public comment from 2:30 pm until allow them to resolve their liabilities at 3:00 pm. proposed settlement is intended to Superfund Sites without incurring resolve the liabilities under CERCLA of substantial transaction costs. Under this FOR FURTHER INFORMATION: Please direct one hundred and sixty-eight (168) de authority, EPA proposes to settle with any questions to Edward Jurith, General minimis parties for response costs potentially responsible parties in Counsel, (202) 395–6709, Office of incurred and to be incurred at the connection with the Malvern TCE National Drug Policy, Executive Office Malvern TCE Superfund Site, East Superfund Site, each of whom is of the President, Washington, DC 20503. Whiteland Township, Chester County, responsible for .75 percent or less of the Pennsylvania. Signed at Washington, DC this 30th day of volume of hazardous substance sent to June, 1999. DATES: Comments must be provided on the Site. or before August 6, 1999. EPA issued a draft settlement Edward H. Jurith, ADDRESS: Comments should be proposal to the de minimis parties on General Counsel. addressed to Suzanne Canning, Docket December 16, 1998, and invited [FR Doc. 99–17118 Filed 7–6–99; 8:45 am] Clerk, U.S. Environmental Protection comments and challenges to the BILLING CODE 3115±01±P Agency, Region III, 1650 Arch Street, volumetric ranking. By April 5, 1999,
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FARM CREDIT ADMINISTRATION FEDERAL COMMUNICATIONS Number of Respondents: 4,000. COMMISSION Estimated Time Per Response: 4–12 Sunshine Act Meeting hours. Public Information Collection(s) Being Frequency of Response: AGENCY: Farm Credit Administration. Reviewed by the Federal Recordkeeping requirement; on SUMMARY: Notice is hereby given, Communications Commission occasion filing requirement. Total Annual Burden: 50,800 hours. pursuant to the Government in the June 28, 1999. Total Annual Costs: $906,000. Sunshine Act (5 U.S.C. 552b(e)(3)), of SUMMARY: The Federal Communications Needs and Uses: Information derived the forthcoming regular meeting of the Commission, as part of its continuing from FCC Form 1205 filings is used to Farm Credit Administration Board effort to reduce paperwork burden facilitate the review of equipment and (Board). invites the general public and other installation rates. This information is DATE AND TIME: The regular meeting of Federal agencies to take this then reviewed by each cable system’s the Board will be held at the offices of opportunity to comment on the respective local franchising authority. the Farm Credit Administration in following information collection, as Section 76.923 records are kept by cable McLean, Virginia, on July 8, 1999, from required by the Paperwork Reduction operators in order to demonstrate that 10:00 a.m. until such time as the Board Act of 1995, Public Law 104–13. An charges for the sale and lease of concludes its business. agency may not conduct or sponsor a equipment and for installation have collection of information unless it been developed in accordance with the FOR FURTHER INFORMATION CONTACT: displays a currently valid control Commission’s rules. Vivian L. Portis, Secretary to the Farm number. No person shall be subject to Federal Communications Commission. Credit Administration Board, (703) 883– any penalty for failing to comply with Magalie Roman Salas, 4025, TDD (703) 883–4444. a collection of information subject to the Paperwork Reduction Act (PRA) that Secretary. ADDRESSES: Farm Credit does not display a valid control number. [FR Doc. 99–17140 Filed 7–6–99; 8:45 am] Administration, 1501 Farm Credit Drive, Comments are requested concerning (a) BILLING CODE 6712±01±P McLean, Virginia 22102–5090. whether the proposed collection of SUPPLEMENTARY INFORMATION: Parts of information is necessary for the proper this meeting of the Board will be open performance of the functions of the FEDERAL COMMUNICATIONS to the public (limited space available), Commission, including whether the COMMISSION and parts of this meeting will be closed information shall have practical utility; Public Information Collection(s) Being to the public. In order to increase the (b) the accuracy of the Commission’s Reviewed by the Federal accessibility to Board meetings, persons burden estimate; (c) ways to enhance Communications Commission requiring assistance should make the quality, utility, and clarity of the arrangements in advance. The matters to information collected; and (d) ways to June 29, 1999. be considered at the meeting are: minimize the burden of the collection of SUMMARY: The Federal Communications information on the respondents, Commission, as part of its continuing Open Session including the use of automated effort to reduce paperwork burden A. Approval of Minutes collection techniques or other forms of invites the general public and other information technology. Federal agencies to take this —June 10, 1999 (Open and Closed) DATES: Written comments should be opportunity to comment on the following information collection, as B. New Business submitted on or before September 7, 1999. If you anticipate that you will be required by the Paperwork Reduction Regulations submitting comments, but find it Act of 1995, Public Law 104–13. An difficult to do so within the period of agency may not conduct or sponsor a 1. Release of Information [12 CFR Part time allowed by this notice, you should collection of information unless it 602] advise the contact listed below as soon displays a currently valid control 2. Response to Regulatory Burden [12 as possible. number. No person shall be subject to CFR Parts 612, 614, and 618] ADDRESSES: Direct all comments to Les any penalty for failing to comply with 3. Loan Policies and Operations; Smith, Federal Communications a collection of information subject to the Paperwork Reduction Act (PRA) that Participations [12 CFR Part 614] Commissions, 445 12th Street, SW, Room 1–A804, Washington, DC 20554 does not display a valid control number. Other or via the Internet to [email protected]. Comments are requested concerning (a) —Pacific Coast ACA Reorganization FOR FURTHER INFORMATION CONTACT: For whether the proposed collection of Request additional information or copies of the information is necessary for the proper performance of the functions of the *Closed Session information collections contact Les Smith at (202) 418–0217 or via the Commission, including whether the A. Report. Internet at [email protected]. information shall have practical utility; (b) the accuracy of the Commission’s SUPPLEMENTARY INFORMATION: —OSMO Report. OMB Control Number: 3060–0703. burden estimate; (c) ways to enhance Dated: July 1, 1999. Title: FCC Form 1205 Determining the quality, utility, and clarity of the Nan P. Mitchem, Costs of Regulated Cable Equipment and information collected; and (d) ways to Installation. minimize the burden of the collection of Acting Secretary, Farm Credit Administration information on the respondents, Board. Form Number: FCC form 1205. Type of Review: Extension of a including the use of automated *Session Closed—Exempt pursuant to currently approved collection. collection techniques or other forms of 5 U.S.C. 552b(c)(8) and (9). Respondents: Business and other for- information technology. [FR Doc. 99–17256 Filed 7–1–99; 4:38 pm] profit entities; state, local and tribal DATES: Written comments should be BILLING CODE 6705±01±P governments. submitted on or before September 7,
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1999. If you anticipate that you will be Commission. This notice must contain ADDRESSES: Direct all comments to Les submitting comments, but find it the items specified in Section Smith, Federal Communications difficult to do so within the period of 21.902(i)(4). Commissions, 445 12th Street, S.W., time allowed by this notice, you should Section 21.902(i)(6) requires that a Room 1–A804, Washington, DC 20554 advise the contact listed below as soon petition to deny filed by an ITFS or via the Internet to [email protected]. as possible. licensees contain specific information. FOR FURTHER INFORMATION CONTACT: For ADDRESSES: Direct all comments to Les The requirements contained in Section additional information or copies of the Smith, Federal Communications 21.902(c), (f), (g), (j) and (k) have OMB information collections contact Les Commissions, 445 12th Street, SW, approval under separate control Smith at (202) 418–0217 or via the Room 1–A804, Washington, DC 20554 numbers. The data are used to ensure Internet at [email protected]. or via the Internet to [email protected]. that no harmful interference is caused to SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: For other authorized stations. additional information or copies of the OMB Control Number: 3060–0543. Federal Communications Commission. Title: Section 21.913 Signal booster information collections contact Les Magalie Roman Salas, Smith at (202) 418–0217 or via the stations. Secretary. Internet at [email protected]. Form Number: None. [FR Doc. 99–17141 Filed 7–6–99; 8:45 am] SUPPLEMENTARY INFORMATION: Type of Review: Extension of a OMB Control Number: 3060–0648. BILLING CODE 6712±01±P currently approved collection. Title: Section 21.902 Frequency Respondents: Business or other for- interference. FEDERAL COMMUNICATIONS profit. Form Number: None. COMMISSION Number of Respondents: 250. Type of Review: Extension of a Estimated Time Per Response: 0.5 currently approved collection. Public Information Collection(s) Being hours per written consent; 2.5 hours per Respondents: Business or other for- Reviewed by the Federal certification. This includes 0.5 hours for profit. Communications Commission the licensee to convey its desire to Number of Respondents: 1824. install a low power booster station and Estimated Time Per Response: 1.25 June 29, 1999. hours to 4.25 hours. 2 hours for a consulting engineer to SUMMARY: The Federal Communications prepare the certification. Frequency of Response: Third party Commission, as part of its continuing disclosure; reporting, on occasion. Frequency of Response: Reporting, on effort to reduce paperwork burden occasion. Total Annual Burden: 456.25 hours. invites the general public and other Total Annual Costs: $491,250. Total Annual Burden: 125. Federal agencies to take this Needs and Uses: Section 21.902(b)(5) opportunity to comment on the Total Annual Cost: $90,000. requires that respondents engineer the following information collection, as Needs and Uses: Section 21.913(e) MDS station to limit the calculated free required by the Paperwork Reduction requires that each applicant for an MDS space power flux density at the Act of 1995, Public Law 104–13. An signal booster station obtain written boundary of the protected service area agency may not conduct or sponsor a permission from the licensee of each (PSA). As an alternative, the respondent collection of information unless it MDS, ITFS and OFS station whose may obtain the written consent of the displays a currently valid control signal is retransmitted. Section entity authorized for the adjoining area number. No person shall be subject to 21.913(g) permits an MDS or ITFS when the calculated free space power any penalty for failing to comply with licensee to install and commence flux density exceeds the standard. a collection of information subject to the operation of low power signal booster Section 21.902(g)(2) requires applicants Paperwork Reduction Act (PRA) that stations without a formal application. with 35 mile PSA to notify in writing does not display a valid control number. Licensees seeking to install a low power the holders of authorizations for Comments are requested concerning (a) signal booster station must, however, adjoining basic trading areas (BTA) or whether the proposed collection of submit a certification demonstrating PSAs of application filings for modified information is necessary for the proper compliance with the various station licenses, provided the proposed performance of the functions of the components of Sections 21.913(g). This facility would produce an unobstructed Commission, including whether the certification must be submitted within signal path to any location within the information shall have practical utility; 48 hours of installation of the booster adjoining BTA or PSA. This service (b) the accuracy of the Commission’s station. The written consent statements must include a copy of the application burden estimate; (c) ways to enhance are attached to the FCC 304 and are and occur on or before the date the the quality, utility, and clarity of the used by FCC staff in the processing of application is filed with the information collected; and (d) ways to the application to verify that the Commission. Section 21.902(i) requires minimize the burden of the collection of applicant has permission to retransmit each applicant for a new station or information on the respondents, the signal of other licensees’ stations. modified MDS station, or amendment including the use of automated The certification data are used by FCC thereof, to provide notice of its collection techniques or other forms of staff to verify that the licensee has application to cochannel and adjacent- information technology. complied with guidelines to use the channel authorized ITFS stations within certification process and that the booster 50 miles. The ITFS study must be DATES: Written comments should be would not cause objectionable prepared and served on the affected submitted on or before September 7, interference. ITFS station, but is not required to be 1999. If you anticipate that you will be filed as part of the MDS application. submitting comments, but find it Federal Communications Commission. Each applicant is required to file a difficult to do so within the period of Magalie Roman Salas, written notice with the Commission time allowed by this notice, you should Secretary. before the 30th day after the applicant advise the contact listed below as soon [FR Doc. 99–17142 Filed 7–6–99; 8:45 am] or amendment is initially filed with the as possible. BILLING CODE 6712±01±P
VerDate 18-JUN-99 16:00 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\07JYN1.XXX pfrm08 PsN: 07JYN1 36688 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Notices
FEDERAL COMMUNICATIONS Business or other for-profit entities; and be used to ensure timely compliance COMMISSION State, Local or Tribal Government. with the Commission’s E911 Number of Respondents: 40. regulations, provide the Commission Notice of Public Information Estimated time per response: 1 hour with current information on the status Collection(s) Being Submitted to OMB (avg.). of ALI technology, and thus ensure the for Review and Approval Frequency of Response: On occasion dependability and responsiveness of reporting requirement; Third party critical E911 services. June 29, 1999. disclosure. Federal Communications Commission. SUMMARY: The Federal Communications Total Annual Burden: 40. Commissions, as part of its continuing Total Annual Cost: $2,000. Magalie Roman Salas, effort to reduce paperwork burden Needs and Uses: The collection of Secretary. invites the general public and other information contained in Part 2 are [FR Doc. 99–17139 Filed 7–6–99; 8:45 am] Federal agencies to take this made necessary by revision of Section BILLING CODE 6712±01±P opportunity to comment on the 2.1033(b)(11) of the Commission Rules following information collection, as governing regulations for scanning required by the Paperwork Reduction receivers. The Commission will require FEDERAL COMMUNICATIONS Act of 1995, Public Law 104–13. An manufacturers of scanning receivers to COMMISSION agency may not conduct or sponsor a design their equipment so that: it has 38 Federal Advisory Committee collection of information unless it dB of image rejection for Cellular displays a currently valid control Service frequencies, tuning, control and June 28, 1999. number. No person shall be subject to filtering circuitry are inaccessible, and AGENCY: Federal Communications any penalty for failing to comply with any attempt to modify the scanning Commission. a collection of information subject to the receiver to receive Cellular Service Paperwork Reduction Act (PRA) that transmissions will likely render the ACTION: Notice. does not display a valid control number. scanning receiver inoperable. In Comments are requested concerning (a) addition, the Commission will require SUMMARY: The Technological Advisory Whether the proposed collection of that the manufacturer submit Council (TAC) was established to information is necessary for the proper information with any application for provide technical advice to the Federal performance of the functions of the certification that: describes the testing Communications Commission (FCC) Commission, including whether the method used to determine compliance and to make recommendations on the information shall have practical utility; with the 38 dB image rejection ratio, issues and questions presented to it by (b) the accuracy of the Commission’s contains a statement assessing the the FCC. In accordance with the Federal burden estimate; (c) ways to enhance vulnerability of the scanning receiver to Advisory Committee Act, Public Law the quality, utility, and clarity of the modification, describes the design 92–463, as amended, this notice advises information collected; and (d) ways to features that prevent modification of the interested persons that the charter for minimize the burden of the collection of scanning receiver to receive Cellular the Technological Advisory Council information on the respondents, Service transmissions, and describes the (TAC) has been amended to reflect including the use of automated design steps taken to make tuning, minor changes in phrasing and a minor collection techniques or other forms of control and filtering circuitry change in the original charter filing date information technology. inaccessible. Moreover, the Commission from November 30, 1998 to December DATES: Written comments should be will require that a label be affixed to the 11, 1998. submitted on or before August 6, 1999. scanning receiver, similar to the FOR FURTHER INFORMATION CONTACT: If you anticipate that you will be following: Stagg Newman, Designated Federal submitting comments, but find it WARNING: MODIFICATION OF THIS Officer of the Technological Advisory difficult to do so within the period of DEVICE TO RECEIVE CELLULAR Council, 445 12th St. S.W., Room 7- time allowed by this notice, you should RADIOTELEPHONE SERVICE SIGNALS IS A325, Washington, D.C. 20554; advise the contact listed below as soon PROHIBITED UNDER FCC RULES AND FEDERAL LAW. telephone (202) 418–2046. Press as possible. Contact, Audrey Spivak, Office of Public ADDRESSES: Direct all comments to Les OMB Control Number: 3060–0878. Affairs, 202–418–0512, [email protected]. Smith, Federal Communications Title: Wireless E911 Rule Waivers For SUPPLEMENTARY INFORMATION: Commission, Room 1–A804, 445 12th Handset-Based Approaches to Phase II Street, SW, Washington, DC 20554 or Automatic Location Identification (ALI) Technological Advisory Council via the Internet to [email protected]. Requirements. Charter Form Number: N/A. FOR FURTHER INFORMATION CONTACT: For Type of Review: Extension of a A. The Committee’s Official Designation additional information or copies of the currently approved collection. information collections contact Les Respondents: Business or other for- The official designation of this federal Smith at (202) 418–0217 or via the profit entities; Individuals or advisory committee is the Internet at [email protected]. households; and State, Local, or Tribal ‘‘Technological Advisory Council’’ SUPPLEMENTARY INFORMATION: Government. (‘‘TAC’’). OMB Control Number: 3060–0532. Number of Respondents: 50. B. The Committee’s Objective and Scope Title: Scanning Receiver Compliance Estimated Time per Response: 40 of its Activity Exhibit (Sections 2.1033(b)(11)) and hours. 15.121). Frequency of Response: On occasion Rapid advances in technology have Form Number: N/A. reporting requirement. resulted in innovations in how Type of Review: Revision of currently Total Annual Burden: 2,000 hours. telecommunications services are approved collection. Total Annual Cost: None. provided to, and are accessed by, users Respondents: Individuals or Needs and Uses: The information of those services. Many of these households, Not-for-profit institutions; filed as part of a petition for waiver will advances are increasing the rate of
VerDate 18-JUN-99 16:00 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\07JYN1.XXX pfrm08 PsN: 07JYN1 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Notices 36689 convergence among categories of G. Estimated Annual Operating Costs in holding company. The factors that are services that have traditionally been Dollars and Staff Years considered in acting on the notices are viewed as distinct, such as cable Annual operating costs associated set forth in paragraph 7 of the Act (12 television services, telephony, data with supporting the TAC’s functions are U.S.C. 1817(j)(7)). services, and Internet services. estimated to be $100,000 and one full- The notices are available for Regulations must be examined in light time regular government employee. immediate inspection at the Federal of these technology advances, and the Reserve Bank indicated. The notices Federal Communications Commission H. Estimated Number and Frequency of also will be available for inspection at (‘‘FCC’’) must remain abreast of new Committee Meetings the offices of the Board of Governors. developments in technology so that it The Council will meet two to three Interested persons may express their can effectively fulfill its responsibilities times per year, with the possibility of views in writing to the Reserve Bank under the Communications Act. The more frequent meetings by informal indicated for that notice or to the offices purpose of the TAC is to provide subcommittees. of the Board of Governors. Comments technical advice to the Federal must be received not later than July 20, Communications Commission and to I. Committee’s Termination Date 1999. make recommendations on the issues The Council will terminate two years A. Federal Reserve Bank of and questions presented to it by the from the date on which this charter was Philadelphia (Michael E. Collins, Senior FCC. The TAC will address questions filed, unless renewed before that date Vice President) 100 North 6th Street, referred to it by the FCC Chairman, or for an additional term. Philadelphia, Pennsylvania 19105-1521: 1. Dominick Louis DeNaples, by the FCC Chief Technologist or Chief J. Membership Engineer. The questions referred to the Dunmore, Pennsylvania, and Louis TAC will be directed to technological Members will be selected to balance Anthony DeNaples, Moscow, and technical issues in the field of the expertise and viewpoints that are Pennsylvania; both to acquire voting communications. necessary to address effectively the new shares of First National Community technology issues that will be referred to Bancorp, Inc., Dunmore, Pennsylvania, C. Period of Time Necessary for the the TAC. Members will be recognized and thereby indirectly acquire voting Committee to Carry Out its Purpose experts in their fields and, for private shares of First National Community Initially, the TAC shall convene for a sector companies, individuals who hold Bank, Dunmore, Pennsylvania. period that terminates two (2) years technical executive positions such as Board of Governors of the Federal Reserve from the date on which the charter was Chief Technical Officer or Senior System, June 30, 1999. filed. Not later than eighteen (18) Technical Manager. Robert deV. Frierson, months from the original date of filing Members should be prepared to Associate Secretary of the Board. attend two to three meetings per year in of this Charter, the TAC shall report as [FR Doc. 99–17128 Filed 7–6–99; 8:45 am] Washington D.C. and are responsible for to whether this Charter should be BILLING CODE 6210±01±F renewed and, if so, the period of time all associated expenses. The TAC will for which such a renewal should be maintain a website and members are granted. expected to be able to devote some time FEDERAL RESERVE SYSTEM each week to electronic deliberations. D. Official to Whom the Committee As members of a collegial federal Formations of, Acquisitions by, and Reports advisory committee, members should be Mergers of Bank Holding Companies prepared for vigorous debate with their Chairman, Federal Communications peers on TAC as well as with FCC The companies listed in this notice Commission. Commissioners and staff. have applied to the Board for approval, E. Agency Responsible for Providing Members will have an initial and pursuant to the Bank Holding Company Necessary Support continuing obligation to disclose any Act of 1956 (12 U.S.C. 1841 et seq.) interests in, or connections to, persons (BHC Act), Regulation Y (12 CFR Part The Federal Communications or entities who are, or will, be regulated 225), and all other applicable statutes Commission will provide the facilities by or who have interests before the FCC. and regulations to become a bank and staff support necessary to conduct holding company and/or to acquire the meetings in Washington, D.C. Private K. Date Original Charter Filed assets or the ownership of, control of, or sector members of the committee will December 11, 1998. the power to vote shares of a bank or serve without any government Federal Communications Commission. bank holding company and all of the compensation, and will not be entitled Magalie Roman Salas, banks and nonbanking companies to travel expenses, per diem or Secretary. owned by the bank holding company, subsistence allowances. including the companies listed below. [FR Doc. 99–17232 Filed 7–6–99; 8:45 am] The applications listed below, as well F. Description of the Duties for Which BILLING CODE 6712±01±P the Committee is Responsible as other related filings required by the Board, are available for immediate The duties of the TAC will be to inspection at the Federal Reserve Bank gather data and information and FEDERAL RESERVE SYSTEM indicated. The application also will be perform those analyses that are Change in Bank Control Notices; available for inspection at the offices of necessary to respond to the questions Acquisitions of Shares of Banks or the Board of Governors. Interested referred to it. In addition, as noted Bank Holding Companies persons may express their views in above, not later than six (6) months writing on the standards enumerated in prior to the termination of this Charter, The notificants listed below have the BHC Act (12 U.S.C. 1842(c)). If the the Council shall provide a applied under the Change in Bank proposal also involves the acquisition of recommendation as to whether the Control Act (12 U.S.C. 1817(j)) and a nonbanking company, the review also Council’s charter should be renewed § 225.41 of the Board’s Regulation Y (12 includes whether the acquisition of the and, if so, for what period. CFR 225.41) to acquire a bank or bank nonbanking company complies with the
VerDate 18-JUN-99 16:18 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\07JYN1.XXX pfrm08 PsN: 07JYN1 36690 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Notices standards in section 4 of the BHC Act 1. Doral Financial Corporation, San quality of output (goods and services) is (12 U.S.C. 1843). Unless otherwise Juan, Puerto Rico; to engage de novo a part of living standards. Like other noted, nonbanking activities will be through its subsidiary, Doral Bank, FSB, objectives, it is subjected to systematic conducted throughout the United States. New York, New York, in the operation and uniform measurement. Unless otherwise noted, comments of a savings association, pursuant to § DATES: Submit comments on or before regarding each of these applications 225.28(b)(4)(ii) of Regulation Y. September 7, 1999. must be received at the Reserve Bank Comments regarding this application ADDRESSES: Comments concerning this indicated or the offices of the Board of must be received not later than July 30, notice should be submitted to: Edward Governors not later than July 30, 1999. 1999. Springer, GSA Desk Officer, Room 3235, 2. National Westminster Bank Plc, A. Federal Reserve Bank of Atlanta NEOB, Washington, DC 20503, and may London, England; to engage de novo (Lois Berthaume, Vice President) 104 also be submitted to James L. Dean, through its subsidiary, Greenwich Marietta Street, N.W., Atlanta, Georgia Director, Committee Management Capital Markets, Inc., Greenwich, 30303-2713: Secretariat, Room 5228, 1800 F Street, Connecticut, in underwriting and 1. Premier Bancshares, Inc., Atlanta, NW, Washington, DC 20405, or e-mail to Georgia; to acquire 100 percent of the dealing to a limited extent in all types of debt securities, see J.P. Morgan & Co., [email protected]. voting shares of Bank Atlanta, Decatur, FOR FURTHER INFORMATION CONTACT: Georgia. Incorporated, 75 Fed. Res. Bull. 192 (1989). James Dean, Director, Committee Board of Governors of the Federal Reserve Management Secretariat, General System, June 30, 1999. Board of Governors of the Federal Reserve System, June 30, 1999. Services Administration at (202)273– Robert deV. Frierson, 3563, or by e-mail to Robert deV. Frierson, Associate Secretary of the Board. [email protected]. Associate Secretary of the Board. [FR Doc. 99–17129 Filed 7–6–99; 8:45 am] SUPPLEMENTARY INFORMATION: [FR Doc. 99–17130 Filed 7–6–99; 8:45 am] BILLING CODE 6210±01±F BILLING CODE 6210±01±F A. Purpose The purpose of this Notice is to FEDERAL RESERVE SYSTEM consult with and solicit comments from GENERAL SERVICES the public and affected agencies Notice of Proposals to Engage in ADMINISTRATION concerning the proposed collection of Permissible Nonbanking Activities or information under the ACSI to help Submission for OMB Review; to Acquire Companies that are improve the quality of goods and Comment Request Entitled American Engaged in Permissible Nonbanking services available to the American Customer Satisfaction Index Under Activities people. Emergency Review by the Office of The companies listed in this notice Management and Budget (OMB) B. Annual Reporting Burden have given notice under section 4 of the AGENCY: General Services Respondents: 8,060; annual Bank Holding Company Act (12 U.S.C. Administration (GSA). responses: 8,060; average hours per 1843) (BHC Act) and Regulation Y, (12 response: .17; burden hours; 2,284. CFR Part 225) to engage de novo, or to ACTION: Notice of request for approval of acquire or control voting securities or a new information collection entitled Copy of Proposal American Customer Satisfaction Index. assets of a company, including the A copy of this proposal may be companies listed below, that engages SUMMARY: The General Services obtained by contacting James Dean at either directly or through a subsidiary or Administration has submitted an the above address. other company, in a nonbanking activity emergency processing information Dated: June 30, 1999. that is listed in § 225.28 of Regulation collection request to the Office of J. Les Davison, Y (12 CFR 225.28) or that the Board has Management and Budget pursuant to the determined by Order to be closely Paperwork Reduction Act of 1995 (44 Acting Deputy Associate Administrator for Acquisition Policy. related to banking and permissible for U.S.C. Chapter 35). OMB approval has bank holding companies. Unless been requested by July 6, 1999. The [FR Doc. 99–17158 Filed 7–6–99; 8:45 am] otherwise noted, these activities will be proposed information collection activity BILLING CODE 6820±61±M conducted throughout the United States. is designed to support the customer Each notice is available for inspection satisfaction policies outlined in at the Federal Reserve Bank indicated. Executive Order 12862, ‘‘Setting DEPARTMENT OF HEALTH AND The notice also will be available for Customer Service Standards’’, and to HUMAN SERVICES inspection at the offices of the Board of establish a means to consistently Governors. Interested persons may measure and compare customer Office of the Secretary express their views in writing on the satisfaction among high-impact agencies Agency Information Collection question whether the proposal complies within the Executive Branch. GSA Activities: Proposed Collections; with the standards of section 4 of the serves as the Executive Agent for this Comment Request BHC Act. initiative and has selected the American Unless otherwise noted, comments Customer Satisfaction Index (ACSI) The Department of Health and Human regarding the applications must be through a competitive procurement Services, Office of the Secretary will received at the Reserve Bank indicated process as the vehicle for obtaining the periodically publish summaries of or the offices of the Board of Governors required information. The ACSI is a proposed information collections not later than July 20, 1999. cross-industry, cross-agency projects and solicit public comments in A. Federal Reserve Bank of New methodology for obtaining comparable compliance with the requirements of York (Betsy Buttrill White, Senior Vice measures of customer satisfaction. section 3506(c)(2)(A) of the Paperwork President) 33 Liberty Street, New York, Along with other economic objectives— Reduction Act of 1995. To request more New York 10045-0001: such as employment and growth—the information on the project or to obtain
VerDate 18-JUN-99 11:38 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\A07JY3.025 pfrm03 PsN: 07JYN1 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Notices 36691 a copy of the information collection Requirement of the Exchange Visitor prevention technical assistance guide plans and instruments, call the OS Program on behalf of foreign visitors for states and local communities. This Reports Clearance Officer on (202) 690– working in areas of interest to HHS. agreement will also assist in supporting 6207. Respondents: Individuals, State or local a series of technical assistance meetings Comments are invited on: (a) Whether governments, Businesses or other for- aimed at teaching state and community the proposed collection of information profit, non-profit institutions; Total representatives how best to use the is necessary for the proper performance Number of Respondents: 200; Frequency guide. of the functions of the agency, including of Response: one time; Average Burden Authorizing Legislation whether the information shall have per Response: 6 hours; Estimated practical utility; (b) the accuracy of the Annual Burden: 1200 hours. This cooperative agreement is agency’s estimate of the burden of the 4. Recordkeeping Requirements for authorized under Section 241 of the proposed collection of information; (c) Government Owned/Contractor Held Public Health Service Act. ways to enhance the quality, utility and Property and Report of Accounting Background clarity of the information to be Personal Property (HHS–565)—0990– collected; and (d) ways to minimize the 0015—Extension—The recordkeeping Assistance will be provided to the burden of the collection of information requirements are needed to assure National Campaign to Prevent Teen on respondents, including through the accountability and control for Pregnancy. No other applications are use of automated collection techniques government owned/contractor held solicited. ASPE is responsible for or other forms of information property for HHS contracts. Form 565 is coordinating the Department’s National technology. used to report all accountable personal Strategy to Prevent Teen Pregnancy. In 1. HHS Acquisition Regulations— property purchased or fabricated by this role, ASPE convenes and chairs an HHSAR Part 352 Solicitation Provisions contractors and billed to HHS. interdepartmental workgroup on teen and Contract Clauses—0990–0130— Respondents: state or local pregnancy prevention and completes a Extension—The Key Personnel clause in governments, business or other for- yearly Report to Congress on the HHSAR 352.27–5 requires contractors to profit, non-profit institutions, small progress of the National Strategy. ASPE obtain approval before substituting key business; Burden Information for Form believes that the Campaign is uniquely personnel which are specified in the HHS–565: Annual Number of qualified to work with ASPE to develop contract. Respondents: State or local Respondents: 3,600; Annual Frequency teen pregnancy prevention technical governments, Businesses or other for- of Response: one time; Average Burden assistance for the following reasons: profit, non-profit institutions, Small per Response: 30 minutes; Total Annual 1. The National Campaign to Prevent businesses; Total Number of Burden: 1,800 hours. Burden Teen Pregnancy is a nonpartisan Respondents: 1921; Frequency of Information for Recordkeeping organization dedicated to integrating a Response: one time; Average Burden per Requirements: Annual Number of broad spectrum of perspectives in Response: 2 hours; Estimated Annual Responses: 4,500; Average Burden per addressing the issue of teen pregnancy Burden: 3842 hours. Response: 30 minutes; Total Annual prevention. The National Campaign was 2. HHS Acquisition Regulations Burden: 2250 hours. Total Burden: 4050 initiated in 1996 as a result of President HHSAR Part 370 Special Programs hours. Clinton’s challenge that ‘‘parents and Affecting Acquisitions—0990–0129— Send comments to Cynthia Agens leaders across the country join together Extension—HHSAR Part 370 establishes Bauer, OS Reports Clearance Officer, in a national campaign against teen requirements for the accessibility of Room 503H, Humphrey Building, 200 pregnancy to make a difference.’’ In meetings, conferences, and seminars to Independence Avenue, SW., response to the President’s call, a group persons with disabilities; establishes Washington DC 20201. Written of private citizens created the National requirements for Indian Preference in comments should be received within 60 Campaign, a nonprofit effort led by a employment, training and days of this notice. distinguished board. The National subcontracting opportunities. Campaign’s work is conducted through Dated: June 30, 1999. Respondents: State or local four task forces and a small staff. The governments, Businesses or other for- Dennis P. Williams, task forces are comprised of experts in profit, non-profit institutions, Small Deputy Assistant Secretary, Budget. a wide variety of fields related to teen businesses; Burden Information about [FR Doc. 99–17100 Filed 7–6–99; 8:45 am] pregnancy prevention. The mission of Accessibility of Meetings—Annual BILLING CODE 4150±04±M the National Campaign is to prevent Number of Respondents: 335; Annual teen pregnancy by supporting values Frequency of Response: one time; and stimulating actions that are Average Burden per Response: 10 hours; DEPARTMENT OF HEALTH AND consistent with a pregnancy-free Total Annual Burden: 3,350 hours— HUMAN SERVICES adolescence. Its chief goal is to reduce Burden Information about Indian The Assistant Secretary for Planning the teenage pregnancy rate by one-third Preference—Annual Number of and Evaluation; Cooperative by the year 2005. 2. The National Campaign staff has Respondents: 932; Annual Frequency of Agreement With the National been working with states and local Response: one time; Average Burden per Campaign to Prevent Teen Pregnancy Response: 8 hours; Total Annual communities over the last three years. In Burden: 7,456—Total Burden: 10,806 The Office of the Assistant Secretary the course of their work in states, and hours. for Planning and Evaluation (ASPE) during daily phone calls they receive in 3. Application for Waiver of the Two- announces that it will award a sole their Washington office. Staff has year Foreign Residence Requirement of source cooperative agreement to the fielded hundreds of requests for the Exchange Visitor Program—0990– National Campaign to Prevent Teen technical assistance. This has led the 0001—Extenstion—The application is Pregnancy (the National Campaign). National Campaign to identify the need used by institutions (colleges, hospitals, The purpose of this cooperative for a ‘‘tool kit’’ to support the etc.) to request a favorable agreement is to assist, collaboratively implementation of successful teen recommendation to the USIA for waiver with the National Campaign in the pregnancy prevention programs. Staff of the two-year Foreign Residence development of a teen pregnancy used the questions most often asked by
VerDate 18-JUN-99 16:18 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\07JYN1.XXX pfrm08 PsN: 07JYN1 36692 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Notices grass-roots leaders to guide the choice of first sentence of the second paragraph Spokane, Washington 99201, telephone 509/ topics for this tool kit. under Mailing address to read: 455–6285. 3. The Campaign’s Research and Copies of this program announcement Status: Open to the public, limited only by Evaluation Task Force is uniquely and many of the required forms may the space available. The meeting room accommodates approximately 50 people. positioned to provide the best research- also be obtained electronically at the Background: Under a Memorandum of based information available on teen ASPE World Wide Web page: http:// Understanding (MOU) signed in October pregnancy prevention strategies. The aspe.hhs.gov (see section on available 1990 and renewed in November 1992 Campaign’s State and Local Action Task grants and contracts). between ATSDR and DOE. The MOU Force has a unique ability to test the On page 31588, correct the second delineates the responsibilities and materials for the user-friendliness and sentence under Part II, Purpose and procedures for ATSDR’s public health applicability at the grassroots level. The Responsibilities to read: activities at DOE sites required under sections 104, 105, 107, and 120 of the State and Local Action Task force will These grants are meant to supplement also be highly instrumental in the Comprehensive Environmental Response, the variety of other welfare reform Compensation, and Liability Act (CERCLA or dissemination of the tool kit. outcomes research that ASPE has ‘‘Superfund’’). These activities include health Approximately $115,000 is available previously funded, including the consultations and public health assessments fiscal year 1999 for this cooperative welfare leavers grants that were at DOE sites listed on, or proposed for, the agreement. previously funded (see the web site at Superfund National Priorities List and at http://aspe.os.dhhs.gov/hsp/isp/ sites that are the subject of petitions from the Where to Obtain Additional public; and other health-related activities Information 98grants.htm for a description of these grants). such as epidemiologic studies, health If you are interested in obtaining surveillance, exposure and disease registries, On page 31591, in the first column, health education, substance-specific applied additional information regarding this correct the first sentence of the Length project, contact Mrs. Sonia Chessen, research, emergency response, and of Application section to read: preparation of toxicological profiles. ASPE, U.S. DHHS, 200 Independence In no case shall an application for the In addition, under an MOU signed in Avenue, SW. Room 450–G. Washington, ASPE grant (excluding the resumes, December 1990 with DOE and replaced by an DC 20201 or telephone (202) 690–8471. appendices and other appropriate MOU signed in 1996, the Department of Dated: June 25, 1999. attachments) be longer than twenty-five Health and Human Services (HHS) has been Margaret A. Hamburg, single-spaced pages. given the responsibility and resources for conducting analytic epidemiologic Assistant Secretary for Planning and On page 31591, correct the first part investigations of residents of communities in Evaluation. of item number 8 in the last column to the vicinity of DOE facilities, workers at DOE [FR Doc. 99–17099 Filed 7–6–99; 8:45 am] read: facilities, and other persons potentially BILLING CODE 4151±04±P Project Narrative Statement, organized exposed to radiation or to potential hazards in five sections, addressing the from non-nuclear energy production and use. following topics (limited to twenty-five HHS has delegated program responsibility to DEPARTMENT OF HEALTH AND (25) single spaced pages): CDC. Community Involvement is a critical HUMAN SERVICES part of ATSDR’s and CDC’s energy-related Dated: June 29, 1999. research and activities and input from Office of the Assistant Secretary for Ann M. Segal, members of the ICHHP is part of these efforts. Planning and Evaluation Acting Assistant Secretary for Planning and The ICHHP will work with the HHES to Evaluation. provide input on American Indian health [FR Doc. 99–17163 Filed 7–6–99; 8:45 am] effects at the Hanford, Washington site. Center for Short-Term Policy Research Purpose: The purpose of this meeting is to on Welfare Outcome (ASPE), Notice BILLING CODE 4151±04±P address issues that are unique to tribal Applications for Short-Term Policy involvement with the HHES, including a Research, Correction presentation and discussion on the DOE DEPARTMENT OF HEALTH AND Richland Indian Office, Columbia River AGENCY: The Office of the Assistant HUMAN SERVICES Pathways study, update on tribal cooperative Secretary for Planning and Evaluation agreements, and agency updates. (ASPE), Office of the Secretary (OS), Agency for Toxic Substance and Matters to be Discussed: Agenda items will HHS. Disease Registry include a dialogue on issues that are unique ACTION: Notice; correction. to tribal involvement with the HHES. This Hanford Health Projects Inter-Tribal will include updating tribal members of the SUMMARY: In the Federal Register of Council; Public Meeting cooperative agreement activities in June 11, 1999, the Office of the Assistant environmental health capacity building and Secretary for Planning and Evaluation Public meeting of the Inter-tribal providing support for tribal involvement in (ASPE) announced the availability of Council on Hanford Health Projects and representation on the HHES. Agenda items are subject to change as funds and invited applications for short- (ICHHP) in association with the Citizens Advisory Committee on Public Health priorities dictate. term policy research. The document Contact Persons for More Information: contained an incorrect web site Service (PHS) Activities and Research at Department of Energy (DOE) Sites: Leslie C. Campbell, Executive Secretary reference, an ambiguous statement HHES, or Marilyn Palmer, Committee Hanford Health Effects Subcommittee. regarding the purpose of the grants, and Management Specialist, Division of Health contradictory information on the length Name: Public meeting of the Inter-tribal Assessment and Consultation, ATSDR, 1600 of application. Council on Hanford Health Projects (ICHHP) Clifton Road, NE M/S E–56, Atlanta, Georgia in association with the Citizens Advisory 30333, telephone 1–888/42–ATSDR (28737), FOR FURTHER INFORMATION CONTACT: Committee on PHS Activities and Research at fax 404/639–6075. Audrey Mirsky-Ashby, 202–401–6640. DOE Sites: Hanford Health Effects The Director, Management Analysis and Correction Subcommittee (HHES). Services office has been delegated the Time and Date: 9 a.m.–4:30 p.m., July 21, authority to sign Federal Register notices In the Federal Register issue of June 1999. pertaining to announcements of meetings and 11, 1999, in FR Doc. 99–14795 on page Place: DoubleTree Hotel Spokane City other committee management activities, for 31587 in the second column, correct the Center, North 322 Spokane Falls Court, both the Centers for Disease Control and
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Prevention and the Agency for Toxic Dated: June 30, 1999. Opportunities for Safety and Health, A Substances and Disease Registry. Carolyn J. Russell, National Action Plan to promote the health Dated: June 29, 1999. Director, Management Analysis and Services and safety of children exposed to agricultural Carolyn J. Russell, Office, Centers for Disease Control and hazards. The National Action Plan Director, Management Analysis and Services Prevention CDC. recommends leadership, surveillance, Office, Centers for Disease Control and [FR Doc. 99–17272 Filed 7–2–99; 11:41 am] research, education, and public policy. The Prevention. BILLING CODE 4163±18±P plan specifically recommended that NIOSH [FR Doc. 99–17148 Filed 7–6–99; 8:45 am] serve as the lead federal agency in preventing BILLING CODE 4163±18±P childhood agricultural injury. Due in large DEPARTMENT OF HEALTH AND part to the efforts by NCCAIP to raise HUMAN SERVICES awareness and concern about childhood DEPARTMENT OF HEALTH AND agricultural injury issues, in October 1996, HUMAN SERVICES Centers for Disease Control and NIOSH began implementing a Childhood Prevention Agricultural Injury Prevention Initiative. To Centers for Disease Control and date, NIOSH has undertaken a number of Prevention The National Institute for Occupational activities, both intramurally and Safety and Health (NIOSH) of the extramurally, to address the Disease, Disability, and Injury Centers for Disease Control and recommendations in the National Action Prevention and Control Special Prevention (CDC) announces the Plan. Emphasis Panel (SEP): Cooperative following meeting Matters to be Discussed: The agenda for the Agreements for Prevention Research meeting includes an overview of progress to Using Genetic Information to Prevent Name: Progress and Proposed Future Activities of the NIOSH Childhood date and proposed future activities to be Disease and Improve Health Agricultural Injury Prevention Initiative— implemented by NIOSH, and time for In accordance with section 10(a)(2) of Public meeting. individuals to provide oral comments to the Federal Advisory Committee Act Time and Date: 10 a.m.–4 p.m., September NIOSH on the initiative. (Pub. L. 92–463), the Centers for Disease 22, 1999. Contact Persons for Additional Place: Hyatt Regency Washington, One Information: Technical information may be Control and Prevention (CDC) Capitol Hill, 400 New Jersey Avenue, NW, announces the following meeting. obtained from David Hard, Ph.D., NIOSH, Washington, DC 20001, telephone 202/737– CDC, 1095 Willowdale Road, M/S P–1133, NAME: Disease, Disability, and Injury 1234. Morgantown, West Virginia, 26505, Status: Open to the public, limited by Prevention and Control Special Emphasis telephone 304/285–6068, e-mail address: Panel (SEP): Cooperative Agreements for space available. The meeting room [email protected]. Prevention Research Using Genetic accommodates approximately 50 people. Persons wishing to attend or make a Information to Prevent Disease and Improve Purpose: The purpose of the meeting is to Health, Program Announcement #99117, seek public comments on the progress and presentation at the meeting (limited to 10 meeting. proposed future activities of the Childhood minutes), should respond by August 27, 1999 TIMES AND DATES: 5–5:45 p.m., July 19, Agricultural Injury Prevention Initiative to Diane Miller, NIOSH Docket Office, 1999 (Open), 5:45–9 p.m., July 19, 1999 implemented by NIOSH in October 1996. Education and Information Division, 4676 (Closed), 9 a.m.–4 p.m., July 20, 1999 The problem of children being injured Columbia Parkway, M/S C–34, Cincinnati, (Closed). while living, working, or visiting agricultural Ohio, 45226. A copy of the document which PLACE: Marriott Courtyard, 1236 Executive work environments (primarily farms) has includes a summary of progress to date and Park Drive, Atlanta, GA. Telephone 404/728– been recognized for several decades. The proposed future activities for the initiative 0708. most recent data suggest about 100 youths will be available after July 15, 1999 through under the age of 20 die on farms each year STATUS: Portions of the meeting will be the NIOSH web site at http://www.cdc.gov/ and more than 100,000 farm-related injuries closed to the public in accordance with niosh or by written or e-mail request to the provisions set forth in section 552b(c)(4) and occur to the same age group. Many NIOSH docket office. (6), Title 5 U.S.C., and the Determination of individuals and groups have advocated for Persons interested in providing written the Associate Director for Management and the prevention of agricultural injuries Operations, CDC, pursuant to Public Law 92– inflicted upon youths, and media attention comments on this document should submit 463. has been generated on the issue, but until comments by August 27, 1999 to Diane MATTERS TO BE DISCUSSED: The recently a national coordinated effort to Miller at the above address. Comments or meeting will include the review, discussion, address the problem has not existed. In late presentation requests may also be submitted and evaluation of applications received in 1994, a core of 42 individuals from both the by e-mail to: [email protected] as response to Program Announcement #99117. public and private sectors formed the WordPerfect 6.0/6.1, 8.0, or ASCII files. Due to administrative delays, this notice is National Committee for Childhood The Director, Management Analysis and published less than fifteen days prior to the Agricultural Injury Prevention (NCCAIP). Services office has been delegated the meeting. The Committee had broad stakeholder authority to sign Federal Register notices CONTACT PERSON FOR MORE representation, including researchers, pertaining to announcements of meetings and INFORMATION: Marta Gwinn, M.D., M.P.H., farmers, agricultural groups, safety and other committee management activities, for CDC, Office of Genetics and Disease health professionals, and government both the Centers for Disease Control and Prevention, 4770 Buford Hwy., m/s K28, officials. Over a 16-month period, the Prevention and the Agency for Toxic Atlanta, Ga. 30341–3724. Telephone 770/ members of the committee reviewed relevant Substances and Disease Registry. 488–3235, e-mail [email protected]. information from previous reports, developed The Director, Management Analysis and new recommendations based on current Dated: June 29, 1999. Services office has been delegated the injury data along with other scientific Carolyn J. Russell, authority to sign Federal Register notices evidence, and refined and prioritized pertaining to announcements of meetings and recommendations to be clearly understood Director, Management Analysis and Services other committee management activities, for and acted upon by relevant individuals and Office, Centers for Disease Control and Prevention. both the Centers for Disease Control and agencies. Prevention and the Agency for Toxic In April 1996, NCCAIP published a report [FR Doc. 99–17125 Filed 7–6–99; 8:45 am] Substances and Disease Registry. entitled Children and Agriculture: BILLING CODE 4160±19±P
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DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND (HFM–676), Food and Drug HUMAN SERVICES HUMAN SERVICES Administration, 1401 Rockville Pike, Rockville, MD 20852, 301827– Administration for Children and Food and Drug Administration 3031. Families [Docket No. 97D±0268] SUPPLEMENTARY INFORMATION: FDA is announcing the availability of a Head Start Bureau; Advisory Guidance for Industry on Container guidance for industry entitled Committee on Head Start Research Closure Systems for Packaging Human ‘‘Container Closure Systems for and Evaluation; Meeting Drugs and Biologics; Chemistry, Packaging Human Drugs and Biologics; Manufacturing, and Controls Chemistry, Manufacturing, and Controls AGENCY: Administration for Children, Documentation; Availability Youth and Families, ACF, DHHS. Documentation.’’ This guidance AGENCY: Food and Drug Administration, provides recommendations on the ACTION: Notice of meeting; Advisory HHS. container closure system information Committee on Head Start Research and ACTION: Notice. that applicants should provide to CDER Evaluation. or CBER for initial applications and SUMMARY: The Food and Drug supplements. In addition, the document SUMMARY: The 1998 Head Start Administration (FDA) is announcing the provides guidance on qualification and Reauthorization (42 U.S.C. 9844(g); availability of a guidance for industry quality control of packaging section 649(g)(1) of the Head Start Act, entitled ‘‘Container Closure Systems for components used for particular dosage as amended) called on the Secretary of Packaging Human Drugs and Biologics; forms and routes of administration, Health and Human Services to form an Chemistry, Manufacturing, and Controls including the following: Drug products independent panel of experts (i.e., an Documentation.’’ This guidance for injection and ophthalmic drug Advisory Committee) to offer advice provides recommendations on the products, liquid-based oral and topical concerning research designs that would container closure systems information drug products and topical delivery systems, solid oral dosage forms and provide a national analysis of the that applicants should provide to the powders for reconstitution, and other impact of Head Start Programs. The July Center for Drug Evaluation and Research (CDER) and the Center for Biologics dosage forms. This guidance supersedes 26–27, 1999 meeting will be the last of Evaluation and Research (CBER) in the agency’s ‘‘Guideline for Submitting three meetings of the Advisory support of new drug applications, Documentation for Packaging for Committee that will culminate in a abbreviated new drug applications, Human Drugs and Biologics,’’ issued report to the Secretary due September biologics license applications, and February 1987. 30, 1999. supplements to these applications. This Level 1 guidance is being issued DATES: July 26, 1999, 9 a.m.–5 p.m. and DATES: Written comments may be consistent with FDA’s good guidance July 27, 1999, 9 a.m.–5 p.m. submitted at any time. practice (62 FR 8961, February 27, 1997). In the Federal Register of July 15, PLACE: Holiday Inn Hotel and Suites, ADDRESSES: Copies of this guidance for 1997 (62 FR 37925), FDA announced the 625 First Street, Alexandria, VA 22314. industry are available on the Internet at ‘‘http://www.fda.gov/cder/guidance/ availability of a draft version of this SUPPLEMENTARY INFORMATION: This index.htm’’ or ‘‘http://www.fda.gov/ guidance. The July 1997 document gave meeting is open to the public and is cber/guidelines.htm’’. Submit written interested persons an opportunity to barrier free. Meeting records will also be requests for single copies of the submit comments through September open to the public and will be kept at guidance for industry to the Drug 15, 1997. On September 5, 1997, in the Switzer Building located at 330 ‘‘C’’ Information Branch (HFD–210), Center response to requests from the public, the Street, SW, Washington, DC 20447. The for Drug Evaluation and Research, Food agency extended the comment period Head Start Bureau also intends to make and Drug Administration, 5600 Fishers until November 14, 1997 (62 FR 46980). material related to this meeting Lane, Rockville, MD 20857, or to the All comments received during the available on the Head Start web site Office of Communication, Training and comment period have been carefully http://www2.acf.dhhs.gov/programs/ Manufacturers Assistance (HFM–40), reviewed and incorporated in this hsb. An interpreter for the deaf and Center for Biologics Evaluation and revised guidance where appropriate. As a result of public input during the hearing impaired will be available upon Research, Food and Drug comment period, the final guidance is advance request by calling Ellsworth Administration, 1401 Rockville Pike, clearer and more concise than the draft Associates at 703/821–3090 (ext. 282). Rockville, MD 20852–1448. Send one self-addressed adhesive label to assist version. The guidance represents the FOR FURTHER INFORMATION CONTACT: the office in processing your requests. agency’s current thinking on submitting Deborah Roderick Stark at 301/889– Submit written comments on the draft information in drug applications on 0430 for substantive information. ACF guidance to the Dockets Management container closure systems used in Office of Public Affairs at 202/401–9215 Branch (HFA–305), Food and Drug packaging human drugs and biologics. It for press inquiries. Ellsworth Associates Administration, 5630 Fishers Lane, rm does not create or confer any rights for at 703/821–3090 (ext. 282) for logistical 1061, Rockville, MD 20852. or on any person and does not operate information. FOR FURTHER INFORMATION CONTACT: to bind FDA or the public. An alternative approach may be used if Dated: July 1, 1999. W. Mike Adams, Center for Drug Evaluation and Research (HFD– such approach satisfies the Patricia Montoya, 180), Food and Drug requirements of the applicable statute, Commissioner, Administration on Children, Administration, 5600 Fishers Lane, regulations, or both. Youth and Families. Rockville, MD 20857, 301–827– Interested persons may, at any time, [FR Doc. 99–17237 Filed 7–6–99; 8:45 am] 7310, or submit written comments on the BILLING CODE 4184±01±M John D. Finkbohner, Center for guidance to the Dockets Management Biologics Evaluation and Research Branch (address above). Two copies of
VerDate 18-JUN-99 16:00 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\07JYN1.XXX pfrm08 PsN: 07JYN1 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Notices 36695 any comments are to be submitted, meet on July 22, 1999, from 8:30 a.m. Association of America; Cleve except until 5:30 p.m. Both committees will Killingsworth, President, Health that individuals may submit one copy. meet together in a joint session from 12 Alliance Plan; Nancy Kichak, Director, Comments are to be identified with the noon until 4 p.m. Office of Actuaries, Office of Personnel docket number found in brackets in the ADDRESSES: The meeting will be held at Management; Len Nichols, Principal heading of this document. A copy of the the Kansas City Airport Marriott, 775 Research Associate, The Urban Institute; guidance and received comments are Brasilia, Kansas City, MO, 64153, (816) Robert Reischauer, Senior Fellow, The available for public examination in the 464–2200. Brookings Institution; John Rother, Dockets Management Branch between 9 FOR FURTHER INFORMATION CONTACT: Director, Legislation and Public Policy, a.m. and 4 p.m., Monday through Sharon Arnold, Ph.D., Executive American Association of Retired Friday. Director, Competitive Pricing Advisory Persons; Andrew Stern, President, Dated: June 29, 1999. Committee, Health Care Financing Service Employees International Union, Administration, 7500 Security AFL–CIO; and Jay Wolfson, Director, Margaret M. Dotzel, Florida Health Information Center, Acting Associate Commissioner for Policy Boulevard C4–14–17, Baltimore, MD 21244–1850, (410) 786–6451 (for University of South Florida. The Coordination. chairperson of the CPAC is James [FR Doc. 99–17157 Filed 7–6–99; 8:45 am] information about the CPAC). Richard P. Brummel, Deputy Regional Cubbin and the co-chairperson is Robert BILLING CODE 4160±01±F Administrator, Health Care Financing Berenson, M.D. In accordance with Administration, Richard Bolling Federal section 4012(a)(5) of the BBA, the CPAC Building, Room 235, 601 East 12th will terminate on December 31, 2004. DEPARTMENT OF HEALTH AND Section 4012(b) of the BBA requires HUMAN SERVICES Street, Kansas City, MO 64106, (816) 426–5233 (for information about the the Secretary to appoint an Area Advisory Committee (AAC) in each Health Care Financing Administration Kansas City metropolitan area AAC). demonstration site to advise the SUPPLEMENTARY INFORMATION: [HCFA±1082±N] Section Secretary on the implementation of the 4011 of the Balanced Budget Act of 1997 project. The CPAC has designated the Medicare Program; July 22, 1999, (BBA) (Pub. L. 105–33), requires the Kansas City metropolitan area and Meeting of the Competitive Pricing Secretary of the Department of Health Maricopa County in Arizona as the Advisory Committee and the Area and Human Services (the Secretary) to initial demonstration sites. The Kansas Advisory Committee for the Kansas establish a demonstration project under City metropolitan area AAC has City Metropolitan Area which payments to Medicare+Choice previously met on March 26, 1999, organizations in designated areas are April 8, 1999, April 22, 1999, and May AGENCY: Health Care Financing determined in accordance with a 12, 1999. The Maricopa County AAC Administration (HCFA), HHS. competitive pricing methodology. has previously met on March 31, 1999, ACTION: Notice of meeting. Section 4012(a) of the BBA requires the April 20, 1999, May 18 and 19, 1999, Secretary to appoint a Competitive and June 7 and 8, 1999. Additional SUMMARY: In accordance with section Pricing Advisory Committee (the CPAC) meetings for the Maricopa County AAC 10(a) of the Federal Advisory Committee to meet periodically and make Act, this notice announces a meeting of are scheduled for June 30 and July 1, recommendations to the Secretary 1999. the Competitive Pricing Advisory concerning the designation of areas for The Kansas City metropolitan area Committee (the CPAC) and the Area inclusion in the project and appropriate AAC consists of 17 members who Advisory Committee (AAC) for the research designs for implementing the represent health plans, providers, and Kansas City metropolitan area on July project. The CPAC has previously met Medicare beneficiaries. The members of 22, 1999. The CPAC and the Kansas City on May 7, 1998, June 24 and 25, 1998, the Kansas City metropolitan area AAC metropolitan area AAC will meet both September 23 and 24, 1998, October 28, are: E.J. Holland, Jr., Assistant Vice independently and in a joint session. 1998, January 6, 1999, and May 13, President for Corporate Benefits, Sprint; The Balanced Budget Act of 1997 1999. Robert Bonney, Vice President, (BBA) requires the Secretary of the The CPAC consists of 15 individuals Managed Care, St. Luke’s Shawnee Department of Health and Human who are independent actuaries, experts Mission PHO; Hazel Borders, Services (the Secretary) to establish a in competitive pricing and the beneficiary; Richard Brown, President demonstration project under which administration of the Federal Employees and CEO, Health Midwest; Cynthia payments to Medicare+Choice Health Benefit Program, representatives Finter, President and Executive organizations in designated areas are of health plans, insurers, employers, Director, Kaiser Permanente, Kansas determined in accordance with a unions, and beneficiaries. The CPAC City Region; Tresia Franklin, Director of competitive pricing methodology. The members are: James Cubbin, Executive Benefits Administration, Hallmark BBA requires the Secretary to create the Director, General Motors Health Care Cards, Inc.; Alan Freeman, CEO, Cass CPAC to make recommendations on Initiative; Robert Berenson, M.D., Medical Center; Herman Johnson, demonstration area designation and Director, Center for Health Plans and beneficiary, John Kennedy, Senior Vice appropriate research designs for the Providers, Health Care Financing President of Blue Cross and Blue Shield project. The BBA also requires the Administration; John Bertko, Actuary of Kansas City; Mike Oxford, Executive Secretary to appoint AACs in the Principal, Reden & Anders, Ltd.; Dave Director, Topeka Independent Living demonstration sites to advise on the Durenberger, Vice President, Public Resource Center; Jean Rumbaugh, Vice implementation of the project. CPAC Policy Partners; Gary Goldstein, M.D., President, Government Programs, and AAC meetings are open to the former CEO, The Oschner Clinic; HealthNet; Kathleen Sebelius, Kansas public. Samuel Havens, Healthcare Consultant Insurance Commissioner; Zarina DATES: The CPAC is scheduled to meet and Chairman of Health Scope/United; Shockley-Sparling, Executive Director, on July 22, 1999, from 10 a.m. until 4 Margaret Jordan, President and CEO, Humana, Inc.; Jan Stallmeyer, R.N., p.m., c.d.s.t. The Kansas City The Margaret Jordan Group; Chip Kahn, President, Principal Health Care of metropolitan area AAC is scheduled to President, The Health Insurance Kansas City, Inc.; Charles Van Way III,
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M.D., Metropolitan Medical Society; agenda issues should contact Richard compliance with the Paperwork Barry Wilkinson, President (retired), Brummel, Kansas City Deputy Regional Reduction Act of 1995 (44 U.S.C. Heavy Construction Workers Labor Administrator, by 12 noon, July 15, Chapter 35). To request a copy of the Local 663; and Esther Wolf, Associate, 1999, to be scheduled. A written copy clearance requests submitted to OMB for School of Social Welfare, University of of the oral remarks should be submitted review, call the HRSA Reports Missouri at Kansas City. The to the Kansas City Deputy Regional Clearance Office on (301)–443–1129. chairperson of the Kansas City Administrator no later than 12 noon, The following request has been metropolitan area AAC is E.J. Holland, July 15, 1999. Anyone who is not submitted to the Office of Management Jr. scheduled to speak may submit written and Budget for review under the The agendas for the July 22, 1999, comments to the Kansas City Deputy Paperwork Reduction Act of 1995: meetings will include the following: Regional Administrator by 12 noon, July Proposed Project: Health Status, • The CPAC will meet to review the 17, 1999. Behaviors, and Health Service status and any pending issues from the The number of oral presentations may Perceptions of Non-College Educated Maricopa County AAC and Kansas City be limited by the time available. This and College Educated African metropolitan area AAC, as well as meeting is open to the public, but American Women (Pilot Study)—NEW review preliminary information on attendance is limited to the space future demonstration site selection. available. The Office of Minority and Women’s • The Kansas City metropolitan area (Sec. 4012 of the Balanced Budget Act of Health (OMWH) in the Bureau of AAC will discuss and develop a 1997, Pub. L. 105–33 (42 U.S.C.1395w–23 Primary Health Care (BPHC), Health communication and outreach plan for note) and section 10(a) of Public Law 92–463 Resources and Services Administration Kansas City beneficiaries and providers, (5 U.S.C. App.2, section 10(a)) (HRSA) awarded funding for a pilot discuss and decide how to measure (Catalog of Federal Domestic Assistance study which will develop information potential disruption in the Kansas City Program No. 93.773, Medicare—Hospital about the design of a sample appropriate market due to competitive pricing, and Insurance; and Program No. 93.774, to determine the health status, discuss and decide a schedule for Medicare—Supplementary Medical behaviors, and health service implementation of the demonstration. Insurance Program) perceptions of African American • In a joint session from 12 noon to Dated: June 30, 1999. women who are: (1) College educated, 4 p.m., the CPAC and the Kansas City Nancy-Ann Min DeParle, and (2) low income, non-college metropolitan area AAC will meet to Administrator, Health Care Financing educated. The pilot study will be used discuss and decide how to measure Administration. to evaluate the interview instrument possible beneficiary disruption in the [FR Doc. 99–17161 Filed 7–6–99; 8:45 am] and to discover the practical issues and Kansas City market due to competitive BILLING CODE 4120±01±P feasibility of sampling low income pricing. African American women from the Individuals or organizations that wish databases of community health centers to make 5-minute oral presentations on DEPARTMENT OF HEALTH AND in three test locations. The goal is to the CPAC agenda issues should contact HUMAN SERVICES assess the instrument, the sample Sharon Arnold, CPAC Executive sources, the procedures, and the Director, by 12 noon, July 15, 1999, to Health Resources and Services response rates and to determine the be scheduled. A written copy of the oral Administration extent to which data can be collected in remarks should be submitted to the Agency Information Collection a systematic and comprehensive executive director no later than 12 noon, Activities: Submission for OMB manner. The pilot study is the first step July 15, 1999. Anyone who is not Review; Comment Request in a much larger nationwide effort to scheduled to speak may submit written build a significant data set containing comments to the executive director by Periodically, the Health Resources detailed information on health status, 12 noon, July 17, 1999. and Services Administration (HRSA) health indicators, and health behaviors Individuals or organizations that wish publishes abstracts of information of African American women. to make 5-minute oral presentations on collection requests under review by the The burden estimate for the pilot the Kansas City metropolitan area AAC Office of Management and Budget, in study is as follows:
Responses Hours per Respondent Number of per Total response Total hour respondents respondent responses (minutes) burden
College educated ...... 60 1 60 40 40 Non-college educated ...... 180 1 180 40 120
Total ...... 240 240 160
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Written comments and Section RP–30 Delegations of Authority administrative support activities; (3) recommendations concerning the All delegations and redelegations of provides guidance to the Area on proposed information collection should authority which were in effect financial management activities, be sent within 30 days of this notice to: immediately prior to the effective date including program policy interpretation Wendy A. Taylor, Human Resources thereof have been continued in effect in in budget formulation and execution, and Housing Branch, Office of them or their successors pending further preparation of program planning and Management and Budget, New redelegations. budgeting data and financial Executive Office Building, Room 10235, This reorganization is effective upon management of grants and contracts; (4) Washington, DC 20503. the date of signature. participants and advises the Area Dated: June 30, 1999. Director on the allocation of the Area’s Dated: June 24, 1999. personnel management resources and Jane Harrison, Claude Earl Fox, funding resources; (5) interprets policy Director, Division of Policy Review and Administrator. and provides direction in the conduct of Coordination. [FR Doc. 99–17088 Filed 7–6–99; 8:45 am] the Area’s procurement, contracting and [FR Doc. 99–17089 Filed 7–6–99; 8:45 am] BILLING CODE 4160±15±P grants activities; and (6) maintains BILLING CODE 4160±15±P necessary liaison with various components of the IHS and Health DEPARTMENT OF HEALTH AND Resources and Services Administration DEPARTMENT OF HEALTH AND HUMAN SERVICES (HRSA) in furtherance of the AAIHS HUMAN SERVICES management activities. Indian Health Service Division of Financial Resources Health Resources and Services (GFAAB1). (1) Provides Area staff Administration Statement of Mission, Organization, Functions and Delegation of Authority services in all financial management Statement of Organization, Functions, activities, current and long-range budget and Delegations of Authority Part G, of the Statement of formulations and implementation, and Organization, Functions and establishes and maintains an approved This notice amends Part R of the Delegations of Authority of the financial accounting system; (2) Statement of Organization, Functions Department of Health and Human provides all services necessary for and Delegations of Authority of the Services, as amended at 60 FR 56606, preparation of formal budget estimates; Department of Health and Human November 9, 1995, and most recently (3) examines and analyses reports in Services (DHHS), Health Resources and amended at 61 FR 67048, December 19, order to project funds; (4) evaluates, Services Administration (HRSA) (60 FR 1996, is amended to reflect a examines, analyzes, and processes all 56605 as amended November 6, 1995, as realignment of the Aberdeen Area accounting transactions to the various last amended at 64 FR 31282, June 10, Indian Health Service (AAIHS). The allowances and appropriations; (5) 1999). This notice reflects the changes are as follows: provides for posting documents to ADP reorganization of the Bureau of Health Delete the functional statements for input to generate the detailed allowance Professions (RP), Division of Vaccine the AAIHS in their entirety and replace and general ledger reports for Injury Compensation (RP9). with the following: management use; and (6) provides all Section GFA–00, Aberdeen Area services for planning, directing, and Section RP–20—Function Indian Health Service-Mission. The coordinating the voucher examining Delete the functional statement in its Aberdeen IHS provides a functions. entirety and replace with the following: comprehensive health services delivery Budget Services Branch (GFAAB11). system for American Indians and Alaska Division of Vaccine Injury Provides direction for the organization, Natives (AI/AN) with opportunity for Compensation coordination of execution of budget maximum tribal involvement in operations. The Division of Vaccine Injury developing and managing programs to Payroll Staff (GFAAB111). Provides Compensation (DVIC), on behalf of the meet their health needs. The goal of the payroll services to the Aberdeen and Secretary of Health and Human Services Aberdeen Area IHS is to raise the health Bemidji Areas including processing bi- (HHS), administers all statutory level of the AI/AN people to the highest weekly payroll, and payroll error authorities related to the operation of possible level. corrections. the National Vaccine Injury Section GFA–10, Functions. Office of Accounting Branch (GFAAB12). Compensation Program (VICP). the Director (GFAA). Provides overall Provides accounting services for the Specifically: (1) Evaluates petitions for direction and leadership for the AAIHS Aberdeen and Bemidji Areas concerned compensation filed under the VICP in accomplishing the mission of the with the maintenance of accounting through medical review and assessment Indian Health Service (IHS) by ledgers and records for the Health of compensability for all complete organizing the administrative and Accounting System (HAS). claims; (2) processes awards for clinical activities in ways that are Accounts Payable Staff (GFAAB121). compensation made under the VICP; (3) determined to appropriately deal with (1) Provides fiscal accounting services promulgates regulations to revise the the epidemiological, social, cultural, for the Aberdeen and Bemidji Areas Vaccine Injury Table; (4) provides geopolitical, and other such concerned with the maintenance of professional and administrative support demographics peculiar to the service accounting ledgers and records for the to the Advisory Commission on population. HAS; and (2) provides services Childhood Vaccines (ACCV); (5) Office of the Administrative Support involving complex auditing and develops and maintains all automated (GFAAB). (1) Plans, coordinates, examining procedures of voucher information systems necessary for implements, and evaluates the payments including the Aberdeen and program implementation; (6) provides administrative management support Bemidji Areas. and disseminates program information; activities of the Aberdeen Area; (2) Reports and Reconciliation Staff and (7) promotes safer childhood advises the Area Director on all matters (GFAAB122). Provides services to vaccines. relating to Area management and reconcile general and subsidiary ledgers
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Responsible for short-range Area ADP plans; (4) operations of procurement, contracting, classification and position management provides assistance and guidance in grants management, property (real and activities for the Aberdeen and Bemidji identifying Area and Service Unit ADP personal), supply management, office Areas by providing sound advice needs; (5) provides training on technical services, communications and pertaining to classification of positions aspects of computer and word transportation, and leases and awards and position management. processing systems; (6) develops and pursuant to Public Law 93–638, Self- Employee Relations Branch establishes policies and procedures Determination contracts, Public Law (GFAAB33). (1) Provides advice to regarding Area office ADP equipment, 93–437 (Indian Health Care management and employees in all areas management, and operations; (7) Improvement Act); (2) provides of employee relations including responsible for assisting in the technical consultation, coordination and grievances, removals, suspensions, establishment of policies and evaluation to all awards/administrative retirements, and performance plans for procedures regarding the security of services operations at field location; (3) general schedule and merit pay hardware, software, and information; (8) develops policies and procedures, in employees; (2) provides for employee represents the Area at agency ADP conjunction with the Division of development activities and training planning meetings; and (9) provides the Financial Resources, regarding property activities for all employees in the Area office staff with ADP services (i.e., and supply funding requirements of Aberdeen Area; and (3) provides operations, programming, and field installations; and (4) assists feedback to management on all consultation). Service Units in planning and employee development and training Office of Environmental Health and developing staffing assignments and in activities which includes evaluation of Engineering (GFAAC). (1) Provides the development of effective training courses and seminars. overall administration and direction for administrative service functions. Division of Property and Supply Sanitation and Facilities Construction Contract Services Branch (GFAAB21). (GFAAB4). (1) Provides Area staff Program, Facilities Management (1) Provides Area assistance in assistance in planning, developing, Program, and Environmental Health planning, developing, evaluation, evaluation, consultation regarding Services Program, and (2) advises the consultation, and operations of property and supply funding Area Director on all matters relating to contracting and grants management requirements of field installations; (2) Environmental Health and Engineering pursuant to Public Law 93–638, Self- plans, develops evaluates, and activities. Determination contracts; and (2) plans, coordinates the Directives and Division of Sanitation and Facilities develops, evaluates, and coordinates Delegations Control Program for the Construction (GFAAC1). (1) Has awards, acquisition planning process for Aberdeen Area; (3) plans, develops, responsibility for implementation of small purchases and commercial coordinates, evaluates a comprehensive P.L. 86–121, Indian Sanitation Facility contracts for the Aberdeen and Bemidji property management program Act; (2) manages the construction and Areas. including quarters management, real maintenance of sanitation facilities; (3) Division of Personnel Management and personal property management, coordinates activities with IHS staff, (GFAAB3). Responsible for advising on motor vehicle management and tort BIA, HUD, and Tribes; and (4) provides and providing assistance and services claims; (4) plans, develops, coordinates, training and consultation to Area staff on all aspects of human, organizational, and evaluates a supply management and tribal organizations on sanitation and manpower resources which program for the Aberdeen and Bemidji construction activities. includes, but not necessarily limited to: Areas; and (5) provides supply support Division of Facilities Management (1) The administration and management and technical assistance to all facilities (GFAAC2). (1) Responsible for of the Personnel Management program at the Service Units. maintenance of IHS owned facilities in designed to obtain, develop, and retain Office Services Branch (GFAAB41). the Aberdeen Area, reviewing physical an effective and efficient workforce to (1) Responsible for various management plant requirements and improvement accomplish the delivery of health care services, such as planning, developing, programs to meet Joint Commission on services to the Indian population; (2) the and operation of the forms management, Accreditation of Healthcare management and control of manpower records management, space Organizations (JCAHO) and Medicare/ and organizational resources to assure management, mail and communications Medicaid standards, and developing a that an efficient and economical management, and duplication programs; planned program of physical plant structure exists; (3) the provisions of (2) responsible for property custodial improvements and preventative personnel management advisory service and accountability, inventories, and maintenance; (2) engineering and and assistance to Tribal governments procurement of equipment and supplies contracting services available from and urban Indian health care for the Area office; and (3) responsible Engineering Services in Seattle are organizations to achieve the objectives for the distribution of accountable utilized in performing various physical of Indian Self-Determination; and (4) forms. plant inspections, making available coordination and liaison of overall Division of Information Systems and certain architectural/engineering payroll functions for the Aberdeen and Technology (FGAAB5). (1) Provides the services contracts for maintenance and Bemidji Areas. Aberdeen Area with technical assistance improvement design accomplishment; Staffing and Placement Branch in planning, designing, testing, (3) assisting in review to insure code (GFAAB31). (1) Provides staffing and implementation, operation, and and standards compliance; and (4) placement services for filling of management of the Automated Data developing facility master plans and vacancies for all general schedule and Processing systems (ADP), which new facility designs. civil service positions in the Aberdeen includes both computer and word Division of Environmental Health Area; and (2) provides personnel processing systems; (2) responsible for Services (GFAAC3). (1) Evaluates services to all Area employees including those activities which deal with the environmental health conditions,
VerDate 18-JUN-99 11:38 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\A07JY3.122 pfrm03 PsN: 07JYN1 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Notices 36699 maintains proper sanitary conditions developing, coordinating, provides consultation to Service Unit through inspection, evaluation, and implementing, directing, and evaluating staff on nutrition and dietetics matters. educational techniques; (2) stimulates a nationwide and international Health Education Staff (GFAAE23). community interest in developing water recruitment and retention program to (1) Coordinates planning, development, supplies and sewage disposal facilities assure a cadre of qualified health and implementation of health education and follows up construction projects to professionals in the Aberdeen Area. services and programs; and (2) provides teach Indian families proper Division of Hospital and Clinics consultation to Service Unit staff on maintenance, care, and repair of such (GFAAE12). (1) Responsible for health education matters. facilities; (3) stresses community injury direction, coordination, and evaluation Audiology Staff (GFAAE24). (1) control by training, education, and of hospital and clinical health service Coordinates and implements an area working with Tribal groups; and (4) activities for the Aberdeen Area; and (2) wide audiology program and provides provides consultation on safety develops program policy and provides consultation to field staff in regards to programs concerning the Public Health input into operational decisions as this the program; and (2) assists in the Service (PHS) Federal installations relates to nursing services, pharmacy recruitment of qualified individuals. within the Aberdeen Area, and on all services, optometry services, and Dental Services Branch (GFAAE25). environmental aspects of hospitals, medical records services. (1) Provides coordination, monitoring, health centers, clinics, boarding schools, Nursing Services Staff (GFAAE121). and consultation to assure oral disease day schools, jails, and nursing homes. (1) Develops, coordinates, and prevention and health promotion Office of Tribal Health Activities administers an Area wide nursing activities in the Aberdeen Area; (2) (GFAAD). (1) Serves as a focal point for program; (2) recommends and monitors contract dental services; and Area staff contact with tribal participates in the formulation of (3) works with environmental health governments and liaison with other procedures, policies and programs and engineering to assure that optimal Federal and State agencies; (2) essential to providing nursing care; and levels of fluoride exists in community implements and manages technical (3) assists in recruitment of qualified water supplies. assistance activities to Tribal nurses. Substance Abuse Branch (GFAAE26). community health development Pharmacy Services Staff (GFAAE122). Provides direction,coordination, and programs, developing and implementing (1) Responsible for program content and consultation to the Area in regards to the Area’s contracts and grants response administration of the area wide the Area alcoholism program, tribal system for Public Law 93–638, pharmacy program; and (2) the alcoholism programs and adolescent coordination of Tribal training activities Pharmacy Branch consists of a full range programs. and special Indian Health projects; (3) of clinical pharmacy services for Division of Epidemiology (GFAAE3). provides Area staff services and outpatients and inpatients. (1) Responsible for the collection of technical assistance in planning, Optometry Services Staff epidemiologic information and directs developing, evaluation, and operation of (GFAAE123). (1) Coordinates and the development or periodic revision of Tribal Health Programs and projects; (4) implements an area wide optometry an epidemiologic description of each conducts feasibility studies and program and provides consultation to Indian community served by the determines eligibility of tribal proposals field staff in regards to the program; and Aberdeen Area; and (2) establishes for contracting or grant funding; and (5) (2) assists in the recruitment of qualified standards for communicable disease, identified Tribal training needs, individuals. environmental emergency, and outbreak arranges for appropriate training, and Medical Records Staff (GFAAE124). reporting for the Area and participates coordinates project officer activities for (1) Develops, coordinates, implements in environmental emergency and the Aberdeen Area. an Area wide medical records program; outbreak control efforts, and educates Office of Health Programs (GFAAE). and (2) provides consultation to Area Area and Tribal personnel in the uses of (1) Plans, coordinates, implements, medical staff in regards to the program epidemiology. directs, and evaluate the Area Health and ensures that the program meets Health Promotion/Disease Prevention Care Program; (2) advises the Area JCAHO requirements. Staff (GFAAE31). Responsible for Director on all matters related to health Division of Field Health (GFAAE2). (1) assessing, planning, directing, care program operations including Responsible for direction, coordination, coordinating and evaluating the health clinical services and preventative health and evaluation of field health service promotion and disease prevention and tribal programs; (3) provides for the activities within the Aberdeen Area; and program throughout the Aberdeen Area. evaluation of clinical services, (2) develops program policy and Information Resources Branch preventative health and tribal programs; provides input into operational (GFAAE32). (1) Responsible for (4) monitors and reviews health care decisions relating to Community Health management, oversight, and evaluation operations including coordinating the Nursing, Alcoholism, Health Education, of internal automated information reviews by Medicare/Medicaid and Nutrition and Dietetics, Dental services, systems (e.g., financial accounting, JCAHO survey teams and other health Audiology Services and Substance report management, manpower analysis, professional review teams; (5) identified Abuse. statistical data gathering and some additional program resources required Community Health Nursing Staff casting, etc.) to appraise the impact they and/or realignment of existing resources (GFAAE21). (1) Provides comprehensive have on overall area operations; and (2) to achieve effective and efficient community health nursing services with recommend alternative situations that program operation; (6) directs primary focus on the prevention of would change or improve the established routine health care program illness and promotion and maintenance effectiveness of services being provided. operations within the Area through the of health; and (2) coordinates services Planning and Legislation Branch Service Unit directors; and (7) assures with Tribal officials and Tribal health (GFAAE33). (1) Responsible for Area that all health care services delivered in programs. wide leadership in and serving as the Area are of the highest quality Nutrition and Dietetics Staff principle advisor on the development of compatible with resources available. (GFAAE22). (1) Provides guidance, strategic plans, strategies and innovative Physician Recruitment Staff coordination, and consultation for the directions for the Area in relation to (GFAAE1). Responsible for planning, Nutrition and Dietetics program; and (2) Indian’s health needs and program
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Aberdeen Area Service Units coordinating the development of Area Need and Use of Information positions on national issues in the field (1) Plans, develops, and directs health Collection: The purpose of this study is of Indian Health; (3) assisting in programs within the framework of IHS to test the efficacy of a comprehensive discharging the Area’s responsibilities policy and mission; (2) promotes program of interventions that include in the formulation, evaluation, and activities to improve and maintain the participatory classroom curriculum, related work concerning legislation and health and welfare of the service parent education and enhanced school regulations; (4) assessing and population; (3) delivers quality health environment. Middle schools in one interpreting Department policies and services; (4) coordinates Service Unit school district in Maryland were procedures, and in maintaining systems activities and resources with those of assigned to either a special intervention for their implementation and other governmental and treatment condition or usual education dissemination; (5) coordinating the nongovernmental programs; and (5) (control) condition. The intervention is formulation of and participating in participates in the development and sequentially structured with curricula executing Area wide executive policy, demonstration of alternative means and implemented in each grade of middle providing consultation and guidance to techniques of health services school. Classroom-administered the Area in program and management management and health care. questionnaires were administered to all policy development, interpretation and Section GFA–20, Aberdeen Area IHS- middle schools prior to the intervention application and maintaining the Delegations of Authority. All to establish baseline levels of the documentation and issuance system for delegations and redelegations of variables of interest, including the Area; and (6) negotiating solutions authority made to officials in the substance use, school misconduct, to intra-department problems of Area Aberdeen Area IHS that were in effect parent and peer influences, and school organization. immediately prior to this reorganization, climate. Data is collected annually after Division of Managed Care (GFAAE4). and that are consistent with this the completion of the grade level (1) Manages the Contract Health Care reorganization, shall continue in effect intervention. Information about and Medicare/Medicaid resources pending further redelegation. parenting style will be collected on a accordance with program regulations; Dated: June 25, 1999. sample of parents of participating (2) collects and analyzes fiscal and Michael H. Trujillo, student using telephone interviews. As of the expiration of the current logistical data as to its impact on the Assistant Surgeon General, Director. overall health program; (3) provides OMB approval, data will have been [FR Doc. 99–17159 Filed 7–6–99; 8:45 am] collected on one cohort of middle interpretive reports, coordinates, BILLING CODE 4160±16±M advises, and supports the Area and school students annually throughout Service Unit staff on the availability of middle school (6–8 grade) and two years financial resources in relation to their DEPARTMENT OF HEALTH AND of data collection on the second cohort program; and (4) manages, plan, HUMAN SERVICES of student (grades 6 and 7). Completion coordinates, implements, and evaluates of the study as proposed includes the Aberdeen Area Business Office. National Institutes of Health collecting data on the second cohort in grade 8 and follow-up measurement of Division of Medical Care Evaluation Submission for OMB Review; both cohorts in grade 9. Data will also (GFAAE5). Conducts and coordinates a Comment Request; Preventing be collected on a sample of parents. medical care evaluation program which Problem Behavior Among Middle Frequency of Response: Occasional. includes Improving Organizational School Students Affected Public: Individuals or Performance, Risk Management, households; State, Local or Tribal Hospital and Health Center SUMMARY: Under the provisions of Government. Accreditation by the JCAHO or Section 3506(c)(2)(A) of the Paperwork Type or Respondents: Children and Certification by Health Care Financing Reduction Act, the National Institutes of their parents. The annual reporting Administration. Health (NIH) has submitted to the Office burden follows: Estimated number of Social Services/Mental Health Branch of Management and Budget a request to respondents: 1450; Estimated Number of (GFAAE51). Administers, supervises, review and approve the information Responses per Respondent: 1.3; Average and maintains a social services/mental collection listed below. This proposed Burden Per Response (hrs.): .75; and health program offering case work information collection was previously Estimated Total Annual Burden Hours therapy and counseling services and published in the Federal Register on Requested: 988. The Annualized Cost to crisis intervention, individual therapy, January 26, 1999, pages 3955–3956 and Respondents (based on $10.00 per and substance abuse therapy. allowed 60 days for public comment. No hour): $9.883. There are no Capital Aberdeen Area Service Units: Quentin public comments were received. The Costs, Operating Costs, and/or Burdick Service Unit (GFAAWA); purpose of this notice to allow an Maintenance Costs to report. Cheyenne River Service Unit additional 30 days for public comment. (GFAAWB); Crow Creek Service Unit The National Institute of Health may not Request for Comments: (GFAAWC); Ft. Totten Service Unit conduct or sponsor, and the respondent Written comments and/or suggestions (GFAAWD); Lower Brule Service Unit is not required to respond to, an from the public and affected agencies (GFAAWE); Minne Tohe Service Unit information collection that has been are invited on one or more of the (GFAAWG); Pine Ridge Service Unit extended, revised or implemented on or following points: (1) Whether the (GFAAWH); Rapid City Service Unit after October 1, 1995, unless it displays proposed collection of information is (GFAAWJ); Rosebud Service Unit a currently valid OMB control number. necessary for the proper performance of (GFAAWK); Sisseton Service Unit the function of the agency, including (GFAAWL); Standing Rock Service Unit Proposed Collection whether the information will have (GFAAWM); Winnebago/Omaha Service Title: Preventing Problem Behavior practical utility; (2) The accuracy of the Unit (GFAAWN); Yankton Service Unit Among Middle School Students. agency’s estimate of the burden of the
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In order develop diagnostic and therapeutic are to respond, including the use of to spread, tumor cells must detach from reagents. appropriate automated, electronic, the primary tumor, enter the circulation, The proposed duration of the CRADA mechanical, or other technical and attach to organs able to support is two (2) years. collection techniques for other forms of their further growth. To enter and exit ADDRESSES: Proposals and questions information technology. the circulation, tumor cells must about this opportunity may be FOR FURTHER INFORMATION: To request degrade tissue and matrix barriers, but addressed to Jacob A. Donkersloot, more information on the proposed the underlying mechanism for the organ Sc.D., Technology Development project or to obtain a copy of the data specific metastasis of prostate and breast Coordinator, NIDCR, tel: (301) 496– collection plans and instruments, cancer to bone is not understood. For 4216, fax: (301) 402–0396 or David A. contact, Dr. Bruce Simons-Morton, instance, it is not clear whether these Steffes, J.D., Technology Development calls only invade and grow in bone, or Chief, Prevention Research Branch, and Commercialization Branch, whether they invade many tissues but Division of Epidemiology, Statistics and National Cancer Institute, tel: (301) 496– survive mainly in bone. NIDCR Prevention Research, National Institutes 0477, fax: (301) 402–2117. scientists have found that of Child Health and Human DATES: Interested parties should submit chemoinvasion of different prostate and Development, 6100 Executive Blvd., a one page statement of interest breast cancer cell lines through Room 7B05, Bethesda, MD 20892–7510, addressing the collaborator’s ability to basement membrane is several fold or call non-toll free number (301) 496– fulfill its collaborative responsibilities. greater in response to bone extracts than 1126 or E-mail your request, including The statement of interest should be to extracts from other tissues. Control your return address to [email protected]. submitted in writing on or before studies showed that invasion of September 7, 1999. COMMENT DUE DATE: Comments regarding melanoma and fibrosarcoma cells is not this information collection are best stimulated by bone extracts. The bone SUPPLEMENTARY INFORMATION: A assured of having their full effect if extracts and partially purified materials ‘‘Cooperative Research and received within 30 days of the date of had no effect on prostate cancer cell Development Agreement’’ or ‘‘CRADA’’ this publication. growth (in-vitro or in-vivo). The active is the anticipated joint agreement to be Dated: June 29, 1999. factor from bone which promoted entered into by the NIDCR pursuant to the Federal Technology Transfer Act of Michael H. Rosenthal, prostate cell invasion was purified and 1986 as amended by the National Acting Executive Officer, NICHD. shown to be a glycosylated derivative of osteonectin. Moreover, osteonectin was Technology Transfer and Advancement [FR Doc. 99–17229 Filed 7–6–99; 8:45 am] found to specifically induce matrix Act of 1995 (Pub. L. 104–113 (Mar. 7, BILLING CODE 4140±01±M metalloprotease activity in both breast 1996)) and by Executive Order 12591 of and prostate cancer cells, which both October 10, 1987. invade bone. No induction was The CRADA objective is the rapid DEPARTMENT OF HEALTH AND publication of research results and the HUMAN SERVICES observed with three non bone metastasizing cell lines (3T3, HT1080 timely commercialization of improved National Institutes of Health and B16F10). More recently, a cellular diagnostics and/or therapeutics in the receptor for osteonectin, which is areas of breast and prostate cancer National Institute of Dental and elevated on breast and prostate cancer metastasis to bone. Craniofacial Research: Opportunity for cells but not on melanoma or 3T3 cells, Under a CRADA, the NIDCR can a Cooperative Research and has been identified. Experiments with contribute facilities, staff, materials, and Development Agreement (CRADA) for subcutaneously implanted minipumps expertise to the effort. The NIDCR the Development of Either Diagnostics containing osteonectin have cannot contribute funding. The CRADA or Therapeutics for Bone demonstrated that prostate cancer cells collaborator receives an exclusive Metastasizing Cancers Including preferentially metastasize to the site of option to negotiate an exclusive or non- Breast and Prostate Cancer the implant and form tumors, whereas exclusive license to Government control pumps containing saline or a intellectual property rights arising AGENCY: National Institutes of Health non active bone fraction did not show under the CRADA in a pre-determined (NIH), PHS, DHHS. this activity. These data suggest that field of use and may qualify as a co- ACTION: Notice of an opportunity for a invasion of bone by prostate cancer cells inventor of new technology developed Cooperative Research and Development is mediated by osteonectin. under the CRADA. Agreement. A CRADA partner is sought to Background information, including participate in the development of reprints of this announcement and SUMMARY: The National Institute of antibodies or diagnostic tools to issued patents, is available from the Dental and Craniofacial Research quantitate the osteonectin receptor, as it above-referenced address. Patent (NIDCR), Craniofacial Developmental may be a marker for tumors that are applications and pertinent information Biology and Regeneration Branch, has metastasic to bone. If the receptor is not yet publicly described can be developed technology in the area of the elevated on metastatic cells, then obtained under a Confidential metastasis of breast and prostate cancer antagonists can be developed to block Disclosure Agreement. to bone and wishes to further develop its occupancy and inhibit metastasis to CRADA proposals will be evaluated that technology. Therefore, the NIDCR bone. The collaboration could also under the following criteria: seeks an agreement with a explore whether serum levels of —Corporate research and development pharmaceutical or biotechnology osteonectin may provide a new and competencies company to develop diagnostics and early diagnostic tool to detect metastasis —Demonstrated abilities to productively therapeutics related to osteonectin and/ of breast and prostate cancer cells. collaborate in research programs
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—The nature of resources to be provisions set forth in sections would constitute a clearly unwarranted contributed to the collaboration 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., invasion of personal privacy. —Key staff expertise, qualifications and as amended. The grant applications and Name of Committee: National Institute of relevant experience the discussions could disclose Child Health and Human Development —Willingness to assign technical staff to confidential trade secrets or commercial Special Emphasis Panel P01 grant on-site collaborative efforts property such as patentable material, application review. —Ability to effectively commercialize and personal information concerning Date: July 26–27, 1999. new discoveries individuals associated with the grant Time: 7:30 pm to 2:00 pm. The roles of the Craniofacial applications, the disclosure of which Agenda: To review and evaluate grant Developmental Biology and would constitute a clearly unwarranted applications. invasion of personal privacy. Place: Inn and Conference Center, UMUC, Regeneration Branch for the proposed University Boulevard at Adelphi Road, CRADA are as follows: Name of Committee: National Institute of College Park, MD 20742. 1. Provide project coordination for the General Medical Sciences Special Emphasis Contact Person: Gopal M. Bhatnagar, overall development and testing. Panel Postdoctoral Research Training. Scientific Review Administrator, Division of 2. Further develop and refine animal Date: July 8, 1999. Scientific Review, National Institute of Child models to study bone metastasis and the Time: 8:30 am to 5:00 pm. Health and Human Development, National role of osteonectin for testing of the Agenda: To review and evaluate grant Institutes of Health, PHS, DHHS, 9000 therapeutics. applications. Rockville Pike, 6100 Bldg., Room 5E01, Place: Natcher Building, Conference Room Bethesda, MD 20892, (301) 496–1485. 3. Provide further characterization of B, 45 Center Drive, Bethesda, MD 20892. (Catalogue of Federal Domestic Assistance the cellular receptor for osteonectin. Contact Person: Irene B. Glowinski, Program Nos. 93.209, Contraception and 4. Provide in-vitro testing of biological Scientific Review Administrator, Office of Infertility Loan Repayment Program; 93.864, activity of possible therapeutics with Scientific Review, National Institutes of Population Research; 93.865, Research for various cell lines. General Medical Sciences, National Institutes of Health, Natcher Building, Room 1AS–13, Mothers and Children; 93.929, Center for 5. Provide in-vitro testing of receptor- Medical Rehabilitation Research, National based diagnostics. Bethesda, MD 20892, (301) 594–3663. This notice is being published less than 15 Institutes of Health, HHS) 6. Jointly publish research results. Dated: June 30, 1999. The roles of the Collaborator under days prior to the meeting due to the timing limitations imposed by the review and LaVerne Y. Stringfield, the proposed CRADA are as follows: funding cycle. 1. Provide project coordination for the Committee Management Officer, NIH. (Catalogue of Federal Domestic Assistance [FR Doc. 99–17227 Filed 7–6–99; 8:45 am] overdevelopment and testing. Program Nos. 93.375, Minority Biomedical 2. Develop and provide antibodies or Research Support; 93.821, Cell Biology and BILLING CODE 4140±01±M other tools for diagnostic purposes Biophysics Research; 93.859, Pharmacology, based on the cellular receptor. This may Physiology, and Biological Chemistry also include peptide mimetics or other Research; 93.862, Genetics and DEPARTMENT OF HEALTH AND reagents based on the binding site on Developmental Biology Research; 93.88, HUMAN SERVICES osteonectin for its cellular receptor. Minority Access to Research Careers; 93.96, Special Minority Initiatives, National National Institute of Health 3. Determine if the level of Institutes of Health, HHS) osteonectin in serum is a possible Dated: June 20, 1999. Center for Scientific Review; Closed diagnostic tool and develop an easy and Meetings reliable assay for osteonectin. LaVerne Y. Stringfield, 4. Develop therapeutics for cancer Director, Office of Federal Advisory Pursuant to section 10(d) of the Committee Policy, NIH. metastasis based either on matrix Federal Advisory Committee Act, as metalloprotease activity, receptor [FR Doc. 99–17226 Filed 7–6–99; 8:45 am] amended (5 U.S.C. Appendix 2), notice antagonists or other acceptable BILLING CODE 4140±01±M is hereby given of the following treatments for patients. meetings. 5. Jointly publish research results. DEPARTMENT OF HEALTH AND The meetings will be closed to the Dated: June 25, 1999. HUMAN SERVICES public in accordance with the Kathleen Sybert, provisions set forth in sections Chief, Technology Development and National Institutes of Health 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Commercialization Branch, NCI. as amended. The grant applications and [FR Doc. 99–17120 Filed 7–6–99; 8:45 am] National Institute of Child Health and the discussions could disclose Human Development; Closed Meeting BILLING CODE 4140±01±M confidential trade secrets or commercial Pursuant to section 10(d) of the property such as patentable material, Federal Advisory Committee Act, as and personal information concerning DEPARTMENT OF HEALTH AND amended (5 U.S.C. Appendix 2), notice individuals associated with the grant HUMAN SERVICES is hereby given of the following applications, the disclosure of which meeting. would constitute a clearly unwarranted National Institutes of Health The meeting will be closed to the invasion of personal privacy. National Institute of General Medical public in accordance with the Name of Committee: Center for Scientific Review Special Emphasis Panel. Sciences; Closed Meeting provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Date: July 8–9, 1999. Pursuant to section 10(d) of the as amended. The grant applications and Time: 7:00 pm to 5:30 pm. Federal Advisory Committee Act, as the discussions could disclose Agenda: To review and evaluate grant applications. amended (5 U.S.C. Appendix 2), notice confidential trade secrets or commercial Place: Holiday Inn—Silver Spring, 8777 is hereby given of the following property such as patentable material, Georgia Avenue, Silver Spring, MD 20910. meeting. and personal information concerning Contact Person: Nancy Shinowara, Center The meeting will be closed to the individuals associated with the grant for Scientific Review, National Institutes of public in accordance with the applications, the disclosure of which Health, 6701 Rockledge Drive, Room 4208,
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MSC 7814, Bethesda, MD 20892, (301) 435– limitations imposed by the review and Name of Committee: Center for Scientific 1173. [email protected]. funding cycle. Review Special Emphasis Panel. Surgery, This notice is being published less than 15 Name of Committee: Center for Scientific Radiology and Bioengineering IRG. days prior to the meeting due to the timing Review Special Emphasis Panel. Date: July 12–13, 1999. limitations imposed by the review and Date: July 12–13, 1999. Time: 1:00 pm to 5:00 pm. funding cycle. Time: 8:00 am to 5:00 pm. Agenda: To review and evaluate grant Name of Committee: Center for Scientific Agenda: To review and evaluate grant applications. Review Special Emphasis Panel. applications. Place: Hyatt Regency Hotel, One Bethesda Date: July 11–12, 1999. Place: Hyatt Regency Hotel, One Bethesda Metro Center, Bethesda, MD 20814. Time: 8:00 am to 6:00 pm. Metro Center, Bethesda, MD 20814. Contact Person: Eileen W. Bradley, Agenda: To review and evaluate grant Contact Person: Houston Baker, Scientific Scientific Review Administrator, Center for applications. Review Administrator, Center for Scientific Scientific Review, National Institutes of Place: Sheraton Reston Hotel, 11810 Review, National Institutes of Health, 6701 Health, 6701 Rockledge Drive, Room 5120, Sunrise Valley Drive, Reston, VA 20191. Rockledge Drive, Room 5128, MSC 7854, MSC 7854, Bethesda, MD 20892, (301) 435– Contact Person: Anthony D. Carter, Bethesda, MD 20892, 301–435–1175, 1179, [email protected],gov. Scientific Review Administrator, Center for [email protected]. This notice is being published less than 15 Scientific Review, National Institutes of This notice is being published less than 15 days prior to the meeting due to the timing Health, 6701 Rockledge Drive, Room 5142, days prior to the meeting due to the timing limitations imposed by the review and MSC 7840, Bethesda, MD 20892, (301) 435– limitations imposed by the review and funding cycle. 1024. funding cycle. Name of Committee: Center for Scientific This notice is being published less than 15 Name of Committee: Center for Scientific Review Special Emphasis Panel. days prior to the meeting due to the timing Review Special Emphasis Panel ZRG1–SSS– Date: July 13, 1999. limitations imposed by the review and 8 (57). Time: 8:00 am to 2:00 pm. funding cycle. Date: July 12–13, 1999. Agenda: To review and evaluate grant Name of Committee: Center for Scientific Time: 8:00 am to 5:00 pm. applications. Review Special Emphasis Panel. Agenda: To review and evaluate grant Place: Grand Hyatt, 1000 H Street, NW, Date: July 12–13, 1999. applications. Washington, DC 20001. Time: 8:00 am to 5:00 pm. Place: Hyatt Regency Bethesda, One Contact Person: Dennis Leszczynski, Agenda: To review and evaluate grant Bethesda Metro Center, Bethesda, MD 20814. Scientific Review Administrator, Center for applications. Contact Person: Nadarajen A. Vydelingum, Scientific Review, National Institutes of Place: Westin Grand Hotel, 2350 M Street, Scientific Review Administrator, Special Health, 6701 Rockledge Drive, Room 6170, NW, Washington, DC 20037–1417. Study Section—8, Center for Scientific MSC 7892, Bethesda, MD 20892, (301) 435– Contact Person: Marjam G. Behar, Review, National Institutes of Health, 6701 1044, Scientific Review Administrator, Center for Rockledge Drive, MSC 7854, Rm 5122, This notice is being published less than 15 Scientific Review, National Institutes of Bethesda, MD 20892, (301) 435–1176, days prior to the meeting due to the timing Health, 6701 Rockledge Drive, Room 4178, [email protected]. limitations imposed by the review and MSC 7806, Bethesda, MD 20892, (301) 435– This notice is being published less than 15 funding cycle. 1180. days prior to the meeting due to the timing This notice is being published less than 15 limitations imposed by the review and Name of Committee: Musculoskeletal and days prior to the meeting due to the timing funding cycle. Dental Sciences Initial Review Group Geriatrics and Rehabilitation Medicine. limitations imposed by the review and Name of Committee: Center for Scientific funding cycle. Date: July 13–14, 1999. Review Special Emphasis Panel SSS–W (22). Time: 8:00 am to 4:00 pm. Name of Committee: Center for Scientific Date: July 12–13, 1999. Agenda: to review and evaluate grant Review Special Emphasis Panel SSS–9. Time: 8:00 am to 11:00 am. applications. Date: July 12–13, 1999. Agenda: To review and evaluate grant Place: Latham Hotel Georgetown, 3000 M Time: 8:00 am to 5:00 pm. applications. Street, NW, Washington, DC 20007. Agenda: To review and evaluate grant Place: Hyatt Regency Hotel, One Bethesda Contact Person: Jo Pelham, Scientific applications. Metro Center, Bethesda, MD 20814. Review Administrator, Center for Scientific Place: Hyatt Regency Hotel, One Bethesda Contact Person: Dharam S. Dhindsa, Review, National Institutes of Health, 6701 Metro Center, Bethesda, MD 20814. Scientific Review Administrator, Center for Rockledge Drive, Room 4106, MSC 7814, Contact Person: Eileen W. Bradley, Scientific Review, National Institutes of Bethesda, MD 20892, (301) 435–1786. Scientific Review Administrator, Center for Health, 6701 Rockledge Drive, Room 5126, This notice is being published less than 15 Scientific Review, National Institutes of MSC 7854, Bethesda, MD 20892, (301) 435– days prior to the meeting due to the timing Health, 6701 Rockledge Drive, Room 5120, 1174, [email protected],gov. limitations imposed by the review and MSC 7854, Bethesda, MD 20892, (301) 435– This notice is being published less than 15 1179. days prior to the meeting due to the timing funding cycle. This notice is being published less than 15 limitations imposed by the review and Name of Committee: Center for Scientific days prior to the meeting due to the timing funding cycle. Review Special Emphasis Panel SSS–W (23). limitations imposed by the review and Name of Committee: Center for Scientific Date: July 13, 1999. funding cycle. Review Special Emphasis Panel. Time: 11:00 am to 12:00 pm. Name of Committee: Center for Scientific Date: July 12, 1999. Agenda: To review and evaluate grant Review Special Emphasis Panel, ZRG1–SSS– Time: 1:00 pm to 2:00 pm. applications. X (16). Agenda: To review and evaluate grant Place: Hyatt Regency Hotel, One Bethesda Date: July 12, 1999 applications. Metro Center, Bethesda, MD 20814. Time: 8:00 am to 5:00 pm. Place: NIH, Rockledge 2, Bethesda, MD Contact Person: Dharam S. Dhindsa, DVM, Agenda: To review and evaluate grant 20892, (Telephone Conference Call). Scientific Review Administrator, Center for applications. Contact Person: Calbert Laing, Scientific Scientific Review, National Institutes of Place: Hyatt Regency Hotel, One Bethesda Review Administrator, Center for Scientific Health, 6701 Rockledge Drive, Room 5126, Metro Center, Bethesda, MD 20814. Review, National Institutes of Health, 6701 MSC 7854, Bethesda, MD 20892, (301) 435– Contact Person: Lee Rosen, Scientific Rockledge Drive, Room 4210, MSC 7812, 1174, [email protected]. Review Administrator, Center for Scientific Bethesda, MD 20892, (301) 435–1221, This notice is being published less than 15 Review, National Institutes of Health, 6701 [email protected],gov. days prior to the meeting due to the timing Rockledge Drive, Room 5116, MSC 7854, This notice is being published less than 15 limitations imposed by the review and Bethesda, MD 20892, (301) 435–1171. days prior to the meeting due to the timing funding cycle. This notice is being published less than 15 limitations imposed by the review and Name of Committee: Center for Scientific days prior to the meeting due to the timing funding cycle. Review Special Emphasis Panel.
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Date: July 13, 1999. Place: NIH, Rockledge, MD 20892, level of review for NTP nominations. At Time: 2:00 pm to 3:00 pm. (Telephone Conference Call). the June 1, 1999 meeting of the ICCEC, Agenda: To review and evaluate grant Contact Person: Everett E. Sinnett, 13 nominations were reviewed. As part application. Scientific Review Administrator, Center for of an effort to earlier inform the public Place: NIH, Rockledge 2, Bethesda, MD Scientific Review, National Institutes of 20892, (Telephone Conference Call). Health, 6701 Rockledge Drive, Room 5170, and obtain input into the selection of Contact Person: Eugene Zimmerman, MSC 7844, Bethesda, MD 20892, (301) 435– chemicals for evaluation, the NTP Scientific Review Administrator, Center for 1016. evlsinnettnih.gov. routinely seeks public input on (1) Scientific Review, National Institutes of This notice is being published less than 15 chemicals nominated to the Program for Health, 6701 Rockledge Drive, Room 4202, days prior to the meeting due to the timing toxicological studies, and (2) testing MSC 7812, Bethesda, MD 20892, 301–435– limitations imposed by the review and recommendations made by the ICCEC. 1220, [email protected]. funding cycle. This announcement outlines the process This notice is being published less than 15 Name of Committee: Center for Scientific for nomination and selection of agents days prior to the meeting due to the timing Review Special Emphasis Panel PSV. limitations imposed by the review and for NTP study, presents the Date: July 14–16, 1999. recommendations of the ICCEC from the funding cycle. Time: 7:00 pm to 1:00 am. Name of Committee: Center for Scientific Agenda: to review and evaluate grant June 1, 1999 meeting, and requests Review Special Emphasis Panel, applications. comment on these recommendations or Bioengineering Partnerships Special Place: Houston Marriott Medical Center, the submission of additional Emphasis Panel. 6580 Fannin Street, Houston, TX 77030. information to be considered in the Date: July 14, 1999. Contact Person: Arnold Revzin, Scientific evaluation of these nominations. Time: 8:00 am to 5:00 pm. Review Administrator, Center for Scientific Agenda: To review and evaluate grant Review, National Institutes of Health, 6701 Background applications. Rockledge Drive, Room 4192, MSC 7806, The nomination and selection for Place: Hyatt Regency Hotel, One Bethesda Bethesda, MD 20892, (301) 435–1153. study of chemicals and agents with the Metro Center, Bethesda, MD 20814. This notice is being published less than 15 highest potential for adversely Contact Person: David T. George, National days prior to the meeting due to the timing Heart Lung and Blood Institute, Review limitations imposed by the review and impacting public health are essential to Branch, 6701 Rockledge Drive, Room 7188, funding cycle. the success of the NTP. From its Bethesda, MD 20892, (301) 435–0280, (Catalogue of Federal Domestic Assistance inception, the NTP has had an open [email protected]. Program Nos. 93.306, Comparative Medicine, nomination process. Nominations are This notice is being published less than 15 93.306; 93.333, Clinical Research, 93.333, solicited from a variety of sources in days prior to the meeting due to the timing 93.337, 93.393–93.396, 93.837–93.844, academia, Federal and State regulatory limitations imposed by the review and 93.846–93.878, 93.892, 93.893, National and health agencies, industry, and funding cycle. Institutes of Health, HHS) unions, as well as from environmental Name of Committee: Center for Scientific Dated: June 30, 1999. groups and the general public. Review Special Emphasis Panel ZRG1– Particular assistance is sought with the BDCN–6 (02)B. LaVerne Y. Stringfield, Date: July 14, 1999 Committee Management Officer, NIH. selection of studies that permit testing Time: 8:30 am to 5:00 pm. [FR Doc. 99–17228 Filed 7–6–99; 8:45 am] of hypotheses to enhance the predictive ability of NTP studies, address Agenda: To review and evaluate grant BILING CODE 4140±01±M applications. mechanisms of toxicity, or identify Place: Chevy Chase Holiday Inn, Chevy significant gaps in knowledge of the Chase, MD 20815. DEPARTMENT OF HEALTH AND toxicity of chemicals or classes of Contact Person: Jay Cinque, Phd, Scientific HUMAN SERVICES chemicals. Chemicals are selected for Review Administrator, Center for Scientific study based upon two broad criteria: (1) Review, National Institutes of Health, 6701 those chemicals of greatest concern for Rockledge Drive, Room 5186, MSC 7846, Public Health Service Bethesda, MD 20892, (301) 435–1252. public or occupational health and (2) This notice is being published less than 15 National Institute of Environmental chemicals for which toxicological data days prior to the meeting due to the timing Health Sciences; National Toxicology is needed to fill major knowledge gaps, limitations imposed by the review and Program; Request for Comments on address mechanisms of toxicity, and funding cycle. Chemicals Nominated to the National reduce uncertainty in risk assessment by Name of Committee: Center for Scientific Toxicology Program (NTP) for aiding species-to-species extrapolation Review Special Emphasis Panel. Toxicological StudiesÐ and understanding dose-response Date: July 14, 1999. Recommendations by the Interagency relationships. Chemicals may be studied Time: 9:00 am to 5:00 pm. Committee for Chemical Evaluation for a variety of health-related effects, Agenda: To review and evaluate and Coordination (ICCEC) for Study, including but not limited to, applications. No Studies, or Deferral To Obtain reproductive and developmental Place: Holiday Inn, 5520 Wisconsin Avenue, Chevy Chase, MD 20815. Additional Information toxicity, genotoxicity, immunotoxicity, metabolism and disposition, as well as Contact Person: Camil C. Debbas, Scientific Summary Review Administrator, Center for Scientific carcinogenicity. The possible public Review, National Institutes of Health, 6701 The National Toxicology Program health consequences of exposure remain Rockledge Drive, Room 5170, MSC 7844, (NTP) routinely solicits, accepts and the over-riding factor in the decision to Bethesda, MD 20892, (301) 435–1018. reviews for consideration nominations study a particular chemical or agent. This notice is being published less than 15 from Federal agencies, industry, the Selections for government testing are days prior to the meeting due to the timing public, and other interested parties for based on the principle that responsible limitations imposed by the review and toxicological studies to be undertaken industries will evaluate their own funding cycle. by the Program. Nominations undergo chemicals or agents for health and Name of Committee: Center for Scientific several levels of review before environmental effects as mandated by Review Special Emphasis Panel. Date: July 14, 1999. toxicological studies are designed and Congress under legislative authorities. Time: 2:00 pm to 2:30 pm. implemented. The Interagency Increased efforts continue to be focused Agenda: To review and evaluate grant Committee for Chemical Evaluation and on: (1) improving the quality of the applications. Coordination (ICCEC) serves as the first nominations of chemicals,
VerDate 18-JUN-99 11:38 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\A07JY3.065 pfrm03 PsN: 07JYN1 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Notices 36705 environmental agents, or issues for Summaries of the ICCEC the most appropriate mechanisms. study; (2) broadening the base and recommendations and any public Results of toxicological studies of diversity of nominating organizations comments received on these chemicals selected chemicals are routinely peer- and individuals; and (3) increasing are then presented to the NTP Board of reviewed. The results are published as nominations for endpoints of toxicity Scientific Counselors (the Program’s NTP Technical Reports and/or in the other than carcinogenesis. external scientific advisory committee) open scientific literature. Test results Nominated chemicals are first for review and comment in an open are also available from the NTP reviewed by a multi-disciplinary NIEHS public session. The ICCEC subsequent to peer-review but prior to committee to determine whether the recommendations, NTP Board of publication. nominated agent has undergone Scientific Counselors recommendations, Request for Comment adequate toxicological testing or has and public comments are incorporated been previously considered by the NTP. into recommendations that are then At their meeting on June 1, 1999, the For chemicals not eliminated from submitted to the NTP Executive ICCEC reviewed 13 agents nominated consideration or deferred at this stage, Committee, the Federal interagency for NTP study. For 9 of these agents, the available literature is examined in policy oversight body. For each metabolism, toxicity, or carcinogenicity detail to prepare Toxicological chemical nominated for the various studies were recommended, no Summaries which evaluate and types of studies, the NTP Executive additional study was recommended for summarize the relevant data for each Committee reviews and approves action 2 chemicals, and studies of 2 other chemical. Included in each to move forward to test, defer testing, or chemicals were deferred pending Toxicological Summary are chemical remove from testing consideration, and receipt of additional data from other and physical information, production recommends testing priorities. The organizations or from related studies levels, use and exposure categories and selection of a chemical or agent by the anticipated or in progress by the NTP, levels, regulatory status, toxicological Executive Committee does not or information on production, exposure, effects, and rationale for the automatically commit the NTP to its and use patterns. Additionally, the nomination. The Toxicological evaluation. The priority of the ICCEC reviewed 7 chemicals Summaries are distributed to the chemicals and the proposed studies are recommended for study in previous Interagency Committee for Chemical assessed during the nomination process ICCEC meetings. Following review of Evaluation and Coordination (ICCEC), and reassessed during the study design initial NTP studies and additional data composed of representatives from the process. During any of these stages, a received from the public or elsewhere, Agency for Toxic Substances and chemical or study may be withdrawn if these 7 chemicals were withdrawn as Disease Registry, Consumer Product applicable research data is identified, priority candidates for study. Safety Commission, Department of higher priority studies are identified, or Chemicals with CAS numbers, Defense, Environmental Protection if a study proves impractical. A broad nomination source, types of studies Agency, Food and Drug range of regulatory and toxicological under consideration, and rationale and Administration’s National Center for concerns are addressed during the other information are given in the Toxicological Research, Occupational nomination and selection process attached tables. Interested parties are Safety and Health Administration, through the participation of encouraged to provide comments or National Cancer Institute, National representatives from Federal agencies supplementary information on the Institute of Environmental Health concerned with public health issues. In Sciences, National Institute for chemicals and recommendations that addition, representatives from non- Occupational Safety and Health, and the appear in this announcement. The government organizations, including National Library of Medicine. ICCEC Program would welcome receiving industry, labor, and public interest, sit members are assigned as reviewers for toxicology and carcinogenesis on the NTP Board of Scientific each chemical after consideration of the information from completed, ongoing, Counselors, and thus have input into nature of its uses and exposure so that, or planned studies, as well as chemical selection decisions. to the extent possible, appropriate information on current production regulatory concerns will be addressed. Following Executive Committee levels, human exposure, use patterns, or Members are requested to identify their action, each selected chemical is environmental occurrence for any of the agency’s interests, if any, in the assigned to an NIEHS, FDA, or NIOSH chemicals listed in this announcement. chemical, and to search databases staff scientist (project leader) who To provide comments or information, unique to their agencies for further assesses the data compiled during the please contact Dr. William Eastin at the information on the nominated chemical evaluation process and other address given below by September 7, chemicals and structurally related information obtained from detailed 1999. searches of the published literature and substances. During the evaluation Contact may be made by mail to: Dr. public comments. The project leader process, the NTP works actively with William Eastin, NIEHS/NTP, P. O. Box also consults with industrial or regulatory agencies and interest groups 12233, Research Triangle Park, North commercial sources on such issues as to supplement the information about Carolina 27709; by telephone at (919) mode of production, uses, worker chemicals nominated and to ensure that 541–7941; by FAX at (919) 541–3687; or exposure, planned or ongoing testing, the chemical selection process meets by email at [email protected]. The and availability of the chemical for regulatory agency needs. URL for the NTP homepage is http:// At its meeting to consider the study. The project leader together with ntp-server.niehs.nih.gov. nominated chemicals, the ICCEC assigns a study design team develops a study testing priorities, and also may make plan to address the research needs. The Dated: June 24, 1999. recommendations for study in addition study plan is reviewed and modified as Samuel H. Wilson, to those requested by the nominator. necessary before being carried out via Deputy Director, NIEHS.
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Attachment—Chemicals Nominated to the NTP for Study, and Testing Recommendations made by the ICCEC on June 1, 1999
Chemical [CAS Number] Nominated by ICCEC recommendations Study rationale; other information
Chemicals Recommended for Testing
Aloe vera gel NCI ÐCell transformation assay ÐWidespread use as a dietary [8001±97±6] ÐPhototoxicity supplement and cosmetic. [94349±62±9] ÐTumor promotion in Tg.AC mice ÐInadequate toxicity information. Ammonium molybdate NCI ÐIn vitro chromosome aberration ÐRepresentative soluble molyb- [12027±67±7] assay denum compound. [12054±85±2] ÐIn vitro micronucleus assay ÐPotential for worker and general [13106±76±8] ÐSubchronic toxicity (inhalation population exposure. studies) ÐInadequate toxicity information. 5,6-Benzoflavone NCI ÐToxicological characterization ÐPotential use as [6051±87±2] ÐReproductive toxicity chemopreventive agent. ÐCarcinogenicity ÐLack of industry sponsorship. ÐTesting dependent on confirma- tion from nominator that rec- ommended studies are needed for further development as therapeutic agent. 1,3-Dichloro-2-butene NIEHS ÐToxicological characterization ÐHigh production industrial [926±57±8] ÐMetabolism studies chemical with potential for ÐCarcinogenicity (inhalation stud- worker exposure. ies) ÐStructural similarity to known carcinogen. ÐInadequate toxicity information. Ginseng and ginsenosides NCI ÐGenotoxicity ÐWidespread use as a dietary [50647±08±0] ÐReproductive toxicity supplement. ÐNeurotoxicity ÐInadequate toxicity information. ÐCarcinogenicity ÐSubchronic testing will deter- mine if ginseng or a specific ginsenoside will be subject to carcinogenicity testing. Indole-3-carbinol NCI ÐReproductive toxicity ÐWidespread and rapidly in- [700±06±1] ÐToxicological characterization creasing use as a dietary sup- ÐCarcinogenicity plement. ÐPotential use as chemopreventive agent. Kava kava extract NCI ÐGenotoxicity ÐWidespread use as a dietary [9000±38±8] ÐReproductive toxicity supplement. [84696±40±2] ÐNeurotoxicity ÐReported human toxicity. ÐSubchronic toxicity ÐInadequate toxicity information. ÐCarcinogenicity Milk thistle extract NCI ÐGenotoxicity ÐWidespread use as a dietary [84604±20±6] ÐMetabolism studies supplement. ÐReproductive toxicity ÐReported hepatoprotective and ÐSubchronic toxicity anti-carcinogenic action. ÐInadequate toxicity information. 3-Picoline NIEHS ÐSubchronic toxicity ÐHigh production industrial [108±99±6] ÐCarcinogenicity (pending results chemical with potential for of subchronic studies) worker and general population exposure. ÐInadequate toxicity information.
Chemicals for Which No Testing is Recommended
1-Bromo-3-chloropropane NIEHS ÐToxicological characterization ÐAvailable data indicate low tox- [109±70±6] ÐCarcinogenicity icity. ÐLow potential for human expo- sure. N,N-Diethylhydroxylamine NCI ÐSubchronic toxicity ÐAvailable data indicate low tox- [3710±84±7] icity. ÐLow potential for human expo- sure.
Chemicals Deferred for Additional Information
1,3,5-Triazine-1,3,5 NCI ÐCarcinogenicity ÐReconsider as part of class (2H,4H,6H)-triethanol study of formaldehyde-releasing [4719±04±4] compound.
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Chemical [CAS Number] Nominated by ICCEC recommendations Study rationale; other information s-Trioxane NIEHS ÐToxicological characterization ÐReconsider as part of class [110±88±3] ÐCarcinogenicity study of formaldehyde-releasing compounds.
Chemicals to be Withdrawn from Consideration
Arsenic Trioxide NIEHS; Private Individual ÐMechanistic studies ÐLack of an appropriate animal [1327±53±3] ÐCarcinogenicity model for human carcino- genicity. 2,3-Butanedione NCI ÐGenotoxicity ÐRapid and near complete me- [431±03±8] ÐMetabolism studies tabolism to carbon dioxide. ÐCarcinogenicity t-Butylcatechol NCI/FDA ÐToxicological characterization ÐToxicity in subchronic studies at [98±29±3] ÐMetabolism studies doses as high as 12,500 ppm ÐCarcinogenicity in the diet was limited to fore- stomach lesions. Camphor NCI ÐTeratogenicity ÐTeratogenicity studies com- [464±49±3] ÐReproductive toxicity pleted [76±22±2] ÐCarcinogenicity ÐToxicity in subchronic dermal studies limited to hyperplasia at the site of application. Fluasterone NCI ÐToxicological characterization ÐDifficulty in obtaining sufficient [112859±71±9] ÐCarcinogenicity material for study. ÐIndustry sponsor has responsi- bility for toxicological evaluation of this chemical if pursued as a chemotherapeutic agent. Luminol Private Individual ÐToxicological characterization ÐLack of absorption from skin. [521±31±3] ÐCarcinogenicity ÐRapid metabolism and elimi- nation of oral doses as nontoxic metabolites. Propylene Glycol Monomethyl NCI ÐCarcinogenicity ÐAvailability of industry-spon- Ether sored reproductive toxicity and [107±98±2] carcinogenicity studies.
[FR Doc. 99–17119 Filed 7–6–99; 8:45 am] revoked, the laboratory will be omitted ‘‘Certification of Laboratories Engaged BILLING CODE 4140±01±P from updated lists until such time as it in Urine Drug Testing for Federal is restored to full certification under the Agencies,’’ sets strict standards which Guidelines. laboratories must meet in order to DEPARTMENT OF HEALTH AND If any laboratory has withdrawn from conduct urine drug testing for Federal HUMAN SERVICES the National Laboratory Certification agencies. To become certified an Program during the past month, it will applicant laboratory must undergo three Substance Abuse and Mental Health be identified as such at the end of the Services Administration rounds of performance testing plus an current list of certified laboratories, and on-site inspection. To maintain that Current List of Laboratories Which will be omitted from the monthly listing certification a laboratory must Meet Minimum Standards To Engage in thereafter. participate in a quarterly performance Urine Drug Testing for Federal This Notice is now available on the testing program plus periodic, on-site Agencies, and Laboratories That Have internet at the following website: http:/ inspections. /www.health.org/workpl.htm. Withdrawn From the Program Laboratories which claim to be in the FOR FURTHER INFORMATION CONTACT: Mrs. AGENCY: applicant stage of certification are not to Substance Abuse and Mental Giselle Hersh or Dr. Walter Vogl, Health Services Administration, HHS. be considered as meeting the minimum Division of Workplace Programs, 5600 requirements expressed in the HHS ACTION: Notice. Fishers Lane, Rockwall 2 Building, Guidelines. A laboratory must have its Room 815, Rockville, Maryland 20857; SUMMARY: The Department of Health and letter of certification from SAMHSA, Tel.: (301) 443–6014. Human Services notifies Federal HHS (formerly: HHS/NIDA) which agencies of the laboratories currently Special Note: Please use the above address attests that it has met minimum certified to meet standards of Subpart C for all surface mail and correspondence. For standards. of Mandatory Guidelines for Federal all overnight mail service use the following Workplace Drug Testing Programs (59 address: Division of Workplace Programs, In accordance with subpart C of the FR 29916, 29925). A similar notice 5515 Security Lane, Room 815, Rockville, Guidelines, the following laboratories listing all currently certified laboratories Maryland 20852. meet the minimum standards set forth will be published during the first week SUPPLEMENTARY INFORMATION: in the Guidelines: of each month, and updated to include Mandatory Guidelines for Federal ACL Laboratories, 8901 W. Lincoln Ave., laboratories which subsequently apply Workplace Drug Testing were developed West Allis, WI 53227, 414–328–7840, for and complete the certification in accordance with Executive Order (formerly: Bayshore Clinical Laboratory) process. If any listed laboratory’s 12564 and section 503 of Public Law Aegis Analytical Laboratories, Inc., 345 Hill certification is totally suspended or 100–71. Subpart C of the Guidelines, Ave., Nashville, TN 37210, 615–255–2400
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Alabama Reference Laboratories, Inc., 543 Park, NC 27709, 120919–672–6900 / 800– Poisonlab, Inc., 7272 Clairemont Mesa Blvd., South Hull St., Montgomery, AL 36103, 833–3984 (formerly: CompuChem San Diego, CA 92111, 619–279–2600 / 800–541–4931/334–263–5745 Laboratories, Inc.; CompuChem 800–882–7272 Alliance Laboratory Services, 3200 Burnet Laboratories, Inc., A Subsidiary of Roche Quest Diagnostics Incorporated, 4444 Ave., Cincinnati, OH 45229, 513–585– Biomedical Laboratory; Roche Giddings Road, Auburn Hills, MI 48326, 9000, (formerly: Jewish Hospital of CompuChem Laboratories, Inc., A Member 810–373–9120 / 800–444–0106 (formerly: Cincinnati, Inc.) of the Roche Group) HealthCare/Preferred Laboratories, American Medical Laboratories, Inc., 14225 LabCorp Occupational Testing Services, Inc., HealthCare/MetPath, CORNING Clinical Newbrook Dr., Chantilly, VA 20151, 703– 4022 Willow Lake Blvd., Memphis, TN Laboratories) 802–6900 38118, 901–795–1515 / 800–223–6339 Quest Diagnostics Incorporated, National Associated Pathologists Laboratories, Inc., (formerly: MedExpress/National Laboratory Center for Forensic Science, 1901 Sulphur 4230 South Burnham Ave., Suite 250, Las Center) Spring Rd., Baltimore, MD 21227, 410– Vegas, NV 89119–5412, 702–733–7866/ LabOne, Inc., 10101 Renner Blvd., Lenexa, 536–1485 (formerly: Maryland Medical 800–433–2750 KS 66219, 913–888–3927 / 800–728–4064 Laboratory, Inc., National Center for Associated Regional and University (formerly: Center for Laboratory Services, a Forensic Science, CORNING National Pathologists, Inc. (ARUP), 500 Chipeta Division of LabOne, Inc.) Laboratory Center for Forensic Science) Way, Salt Lake City, UT 84108, 801–583– Corporation of America Holdings, 69 First Quest Diagnostics Incorporated, 4770 Regent 2787/800–242–2787 Ave., Raritan, NJ 08869, 908–526–2400 / Blvd., Irving, TX 75063, 972–916–3376 / Baptist Medical Center—Toxicology 800–437–4986 (formerly: Roche 800–526–0947 (formerly: Damon Clinical Laboratory, 9601 I–630, Exit 7, Little Rock, Biomedical Laboratories, Inc.) Laboratories, Damon/MetPath, CORNING AR 72205–7299, 501–202–2783, (formerly: Laboratory Specialists, Inc., 1111 Newton St., Clinical Laboratories) Forensic Toxicology Laboratory Baptist Gretna, LA 70053, 504–361–8989 / 800– Quest Diagnostics Incorporated, 875 Medical Center) 433–3823 Greentree Rd., 4 Parkway Ctr., Pittsburgh, Clinical Reference Lab, 8433 Quivira Rd., Marshfield Laboratories, Forensic Toxicology PA 15220–3610, 412–920–7733 / 800–574– Lenexa, KS 66215–2802, 800–445–6917 Laboratory, 1000 North Oak Ave., 2474 (formerly: Med-Chek Laboratories, Cox Health Systems, Department of Marshfield, WI 54449, 715–389–3734 / Inc., Med-Chek/Damon, MetPath Toxicology, 1423 North Jefferson Ave., 800–331–3734 Laboratories, CORNING Clinical Springfield, MO 65802, 800–876–3652/ MAXXAM Analytics Inc.,* 5540 McAdam Laboratories) 417–269–3093, (formerly: Cox Medical Rd., Mississauga, ON, Canada L4Z 1P1, Quest Diagnostics of Missouri LLC, 2320 Centers) 905–890–2555 (formerly: NOVAMANN Schuetz Rd., St. Louis, MO 63146, 314– Dept. of the Navy, Navy Drug Screening (Ontario) Inc.) 991–1311 / 800–288–7293 (formerly: Quest Medical College Hospitals Toxicology Diagnostics Incorporated, Metropolitan Laboratory, Great Lakes, IL, PO. Box 88– Laboratory, Department of Pathology, 3000 Reference Laboratories, Inc., CORNING 6819, Great Lakes, IL 60088–6819, 847– Arlington Ave., Toledo, OH 43614, 419– Clinical Laboratories, South Central 688–2045/847–688–4171 383–5213 Division) Diagnostic Services Inc., dba DSI, 12700 MedTox Laboratories, Inc., 402 W. County Quest Diagnostics Incorporated, 7470 Westlinks Drive, Fort Myers, FL 33913, Rd. D, St. Paul, MN 55112, 651–636–7466 Mission Valley Rd., San Diego, CA 92108– 941–561–8200/800–735–5416 / 800–832–3244 4406, 619–686–3200 / 800–446–4728 Doctors Laboratory, Inc., PO. Box 2658, 2906 Methodist Hospital Toxicology Services of (formerly: Nichols Institute, Nichols Julia Dr., Valdosta, GA 31604, 912–244– Clarian Health Partners, Inc., Department Institute Substance Abuse Testing (NISAT), 4468 of Pathology and Laboratory Medicine, CORNING Nichols Institute, CORNING DrugProof, Division of Dynacare/Laboratory 1701 N. Senate Blvd., Indianapolis, IN Clinical Laboratories) of Pathology, LLC, 1229 Madison St., Suite 46202, 317–929–3587 Quest Diagnostics Incorporated, One 500, Nordstrom Medical Tower, Seattle, MetroLab-Legacy Laboratory Services, 1225 Malcolm Ave., Teterboro, NJ 07608, 201– WA 98104, 206–386–2672/800–898–0180, NE 2nd Ave., Portland, OR 97232, 503– 393–5590 (formerly: MetPath, Inc., (formerly: Laboratory of Pathology of 413–4512 / 800–950–5295 CORNING MetPath Clinical Laboratories, Seattle, Inc., DrugProof, Division of Minneapolis Veterans Affairs Medical Center, CORNING Clinical Laboratory) Laboratory of Pathology of Seattle, Inc.) Forensic Toxicology Laboratory, 1 Veterans Quest Diagnostics LLC (IL), 1355 Mittel DrugScan, Inc., PO. Box 2969, 1119 Mearns Drive, Minneapolis, Minnesota 55417, Blvd., Wood Dale, IL 60191, 630–595–3888 Rd., Warminster, PA 18974, 215–674–9310 612–725–2088 (formerly: Quest Diagnostics Incorporated, Dynacare Kasper Medical National Toxicology Laboratories, Inc., 1100 MetPath, Inc., CORNING MetPath Clinical Laboratories,*14940–123 Ave., Edmonton, California Ave., Bakersfield, CA 93304, Laboratories, CORNING Clinical Alberta, Canada T5V 1B4, 780–451–3702 / 661–322–4250 Laboratories Inc.) 800–661–9876 NWT Drug Testing, 1141 E. 3900 South, Salt San Diego Reference Laboratory, 6122 Nancy ElSohly Laboratories, Inc., 5 Industrial Park Lake City, UT 84124, 801–268–2431/800– Ridge Dr., San Diego, CA 92121, 800–677– Dr., Oxford, MS 38655, 601–236–2609 322–3361 (formerly: NorthWest 7996 Gamma-Dynacare Medical Laboratories,* A Toxicology, Inc.) Scientific Testing Laboratories, Inc., 463 Division of the Gamma-Dynacare Oregon Medical Laboratories, P.O. Box 972, Southlake Blvd., Richmond, VA 23236, Laboratory Partnership, 245 Pall Mall St., 722 East 11th Ave., Eugene, OR 97440– 804–378–9130 London, ON, Canada N6A 1P4, 519–679– 0972, 541–341–8092 Scott & White Drug Testing Laboratory, 600 1630 Pacific Toxicology Laboratories, 6160 Variel S. 31st St., Temple, TX 76504, 254–771– General Medical Laboratories, 36 South Ave., Woodland Hills, CA 91367, 818–598– 8379 / 800–749–3788 Brooks St., Madison, WI 53715, 608–267– 3110 (formerly: Centinela Hospital Airport S.E.D. Medical Laboratories, 5601 Office 6267 Toxicology Laboratory Blvd., Albuquerque, NM 87109, 505–727– Hartford Hospital Toxicology Laboratory, 80 Pathology Associates Medical Laboratories, 6300 / 800–999–5227 Seymour St., Hartford, CT 06102–5037, 11604 E. Indiana, Spokane, WA 99206, SmithKline Beecham Clinical Laboratories, 860–545–6023 509–926–2400 / 800–541–7891 3175 Presidential Dr., Atlanta, GA 30340, Info-Meth, 112 Crescent Ave., Peoria, IL PharmChem Laboratories, Inc., 1505–A 770–452–1590 (formerly: SmithKline Bio- 61636, 309–671–5199 / 800–752–1835 O’Brien Dr., Menlo Park, CA 94025, 650– Science Laboratories) (formerly: Methodist Medical Center 328–6200 / 800–446–5177 SmithKline Beecham Clinical Laboratories, Toxicology Laboratory) PharmChem Laboratories, Inc., Texas 8000 Sovereign Row, Dallas, TX 75247, Integrated Regional Laboratories, 1400 Division, 7610 Pebble Dr., Fort Worth, TX 214–637–7236 (formerly: SmithKline Bio- Northwest 12th Ave., Miami, FL 33136, 76118, 817–595–0294 (formerly: Harris Science Laboratories) 305–325–5784 (formerly: Cedars Medical Medical Laboratory) SmithKline Beecham Clinical Laboratories, Center, Department of Pathology) Physicians Reference Laboratory, 7800 West 801 East Dixie Ave., Leesburg, FL 34748, LabCorp Occupational Testing Services, Inc., 110th St., Overland Park, KS 66210, 913– 352–787–9006 (formerly: Doctors & 1904 Alexander Drive, Research Triangle 339–0372 / 800–821–3627 Physicians Laboratory)
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SmithKline Beecham Clinical Laboratories, DEPARTMENT OF HEALTH AND DEPARTMENT OF HOUSING AND 400 Egypt Rd., Norristown, PA 19403, 610– HUMAN SERVICES URBAN DEVELOPMENT 631–4600 / 800–877–7484 (formerly: [Docket No. FR±4446±N±03] SmithKline Bio-Science Laboratories) Substance Abuse and Mental Health SmithKline Beecham Clinical Laboratories, 506 E. State Pkwy., Schaumburg, IL 60173, Services Administration Proposed Information Collection: 847–447–4379 / 800–447–4379 (formerly: Comment Request; Urban International Toxicology Laboratories) Special Emphasis Panel I; Meeting Homesteading Program, Semi-Annual SmithKline Beecham Clinical Laboratories, Progress Report 7600 Tyrone Ave., Van Nuys, CA 91405, Pursuant to Public Law 92–463, 818–989–2520 / 800–877–2520 notice is hereby given of the following AGENCY: Office of the Assistant South Bend Medical Foundation, Inc., 530 N. meeting of the SAMHSA Special Secretary for Community Planning and Lafayette Blvd., South Bend, IN 46601, Development, HUD. 219–234–4176 Emphasis Panel I in July 1999. Southwest Laboratories, 2727 W. Baseline A summary of the meeting and a ACTION: Notice. Rd., Tempe, AZ 85283, 602–438–8507 roster of the members may be obtained SUMMARY: The proposed information Sparrow Health System, Toxicology Testing from: Ms. Coral Sweeney, SAMHSA, Center, St. Lawrence Campus, 1210 W. collection requirement described below Saginaw, Lansing, MI 48915, 517–377– Office of Policy and Program will be submitted to the Office of 0520 (formerly: St. Lawrence Hospital & Coordination, Division of Extramural Management and Budget (OMB) for Healthcare System) Activities, Policy, and Review, 5600 review, as required by the Paperwork St. Anthony Hospital Toxicology Laboratory, Fishers Lane, Room 17–89, Rockville, Reduction Act. The Department is 1000 N. Lee St. Oklahoma City, OK 73101, Maryland 20857. Telephone: 301–443– soliciting public comments on the 405–272–7052 Toxicology & Drug Monitoring Laboratory, 2998. subject proposal. University of Missouri Hospital & Clinics, Substantive program information may DATES: Comments Due Date: September 2703 Clark Lane, Suite B, Lower, Level be obtained from the individual named 7, 1999. Columbia, MO 65202, 573–882–1273 as Contact for the meeting listed below. ADDRESSES: Interested persons are Toxicology Testing Service, Inc., 5426 N.W. 79th Ave., Miami, FL 33166, 305–593– The meeting will include the review, invited to submit comments regarding 2260 discussion and evaluation of individual this proposal. Comments should refer to UNILAB, 18408 Oxnard St., Tarzana, CA grant applications. These discussions the proposal by name and/or OMB Control Number and should be sent to: 91356, 818–996–7300 / 800–492–0800 could reveal personal information (formerly: MetWest-BPL Toxicology Shelia E. Jones, Reports Liaison Officer, concerning individuals associated with Laboratory) Department of Housing and Urban the applications. Accordingly, this Universal Toxicology Laboratories, LLC Development, 451 7th Street, SW, Room 10210 W. Highway 80, Midland, Texas meeting is concerned with matters 7230, Washington, DC 20410. 79706, 915–561–8851 / 888–953–8851 exempt from mandatory disclosure in FOR FURTHER INFORMATION CONTACT: UTMB Pathology-Toxicology Laboratory, Title 5 U.S.C. 552b(c) (6) and 5 U.S.C. University of Texas Medical Branch, Franklin Price, (202) 708–2094 EXT. App. 2, section 10(d). Clinical Chemistry Division, 301 4572 (this is not a toll-free number) for University Boulevard, Room 5.158, Old Committee Name: SAMHSA Special copies of the proposed forms and other John Sealy, Galveston, Texas 77555–0551, Emphasis Panel I (SEP I). available documents. 409–772–3197 Meeting Dates: July 12–14, 1999. SUPPLEMENTARY INFORMATION: The The following laboratory voluntarily Place: Bethesda Marriott, 5151 Pooks Hill withdrew from the Program on June 23, 1999: Department is submitting the proposed Road, Bethesda, MD 20814. information collection to OMB for Advanced Toxicology Network, 15201 East I– Closed: July 12–13, 1999, 8:30 a.m.–5:00 10 Freeway, Suite 125, Channelview, TX review, as required by the Paperwork p.m.; July 14, 1999, 8:30 a.m.–adjournment. Reduction Act of 1995 (44 U.S.C. 77530, 713–457–3784 / 800–888–4063 Panel: Substance Abuse and Mental Health (formerly: Drug Labs of Texas, Premier Chapter 35, as amended). Analytical Laboratories) Services Administration Conference Grants This Notice is soliciting comments PA 98–090. Richard Kopanda, from members of the public and Contact: Peggy Thompson, Room 17–89, affecting agencies concerning the Executive Officer, Substance Abuse and Parklawn Building, Telephone: 301–443– Mental Health Services Administration. proposed collection of information to: 9912 and FAX: 301–443–3437. [FR Doc. 99–17162 Filed 7–6–99; 8:45 am] (1) Evaluate whether the proposed Dated: June 30, 1999. BILLING CODE 4160±20±U collection of information is necessary Coral Sweeney, for the proper performance of the *The Standards Council of Canada (SCC) voted to Lead Grants Technical Assistant, Substance functions of the agency, including end its Laboratory Accreditation Program for Abuse and Mental Health Services whether the information will have Substance Abuse (LAPSA) effective May 12, 1998. Administration. practical utility; (2) Evaluate the Laboratories certified through that program were accredited to conduct forensic urine drug testing as [FR Doc. 99–17090 Filed 7–6–99; 8:45 am] accuracy of the agency’s estimate of the required by U.S. Department of Transportation BILLING CODE 4162±20±P burden of the proposed collection of (DOT) regulations. As of that date, the certification information; (3) enhance the quality, of those accredited Canadian laboratories will utility, and clarity of the information to continue under DOT authority. The responsibility for conducting quarterly performance testing plus be collected; and (4) Minimize the periodic on-site inspections of those LAPSA- burden of the collection of information accredited laboratories was transferred to the U.S. on those who are to respond; including DHHS, with the DHHS’ National Laboratory certify the laboratory (Federal Register, July 16, through the use of appropriate Certification Program (NLCP) contractor continuing 1996) as meeting the minimum standards of the to have an active role in the performance testing automated collection techniques or ‘‘Mandatory Guidelines for Workplace Drug and laboratory inspection processes. Other other forms of information technology, Testing’’ June 9, 1994, 59 FR 29908–29931). After Canadian laboratories wishing to be considered for e.g., permitting electronic submission of the NLCP may apply directly to the NLCP receiving the DOT certification, the laboratory will contractor just as U.S. laboratories do. be included in the monthly list of DHHS certified responses. Upon finding a Canadian laboratory to be laboratories and participate in the NLCP This Notice also lists the following qualified, the DHHS will recommend that DOT certification maintenance program. information:
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Title of Proposal: Urban DEPARTMENT OF HOUSING AND submitted to OMB may be obtained Homesteading Program, Semi-Annual URBAN DEVELOPMENT from Mr. Eddins. Progress Report. SUPPLEMENTARY INFORMATION: The OMB Control Number, if applicable: [Docket No. FR±4441±N±29] Department has submitted the proposal 2506–0042. for the collection of information, as Description of the need for the Submission for OMB Review: described below, to OMB for review, as information and proposed use: The Customer-Survey of Households required by the Paperwork Reduction information is needed to assist HUD in Living in Federally Assisted Units Act (44 U.S.C. Chapter 35). The Notice determining if Local Urban lists the following information: (1) The Homesteading Agencies (LUHAs) are AGENCY: Office of the Assistant title of the information collection meeting the requirements of HUD’s Secretary for Administration, HUD. proposal; (2) the office of the agency to Urban Homesteading Program—Section ACTION: Notice. collect the information; (3) the OMB 810 of the Housing and Community Act approval number, if applicable; (4) the of 1974 (P.L. 93–383 as amended), and SUMMARY: HUD recently developed and description of the need for the HUD’s requirements published at 25 tested a cost-effective mail survey information and its proposed use; (5) CFR 590. Under these requirements, instrument for assessing resident the agency form number, if applicable; LUHAs are required to supply data and satisfaction with and rating of, housing (6) what members of the public will be make available records necessary for units assisted through HUD programs. affected by the proposal; (7) how HUD’s monitoring of the LUHSs’ local This survey, which elicits renter ratings frequently information submissions will homesteading programs to determine of their housing, provided high response be required; (8) an estimate of the total whether the LUHAs are making rates and high levels of agreement with number of hours needed to prepare the reasonable progress in moving independent condition ratings by information submission including properties through the stages of the professional inspectors. HUD plans to number of respondents, frequency of homesteading process, including implement this survey as an ongoing response, and hours of response; (a) acquisition, homesteader selection, tool to assess customer ratings of whether the proposal is new, an conditional conveyance, rehabilitation, housing assisted through the Section 8 extension, reinstatement, or revision of and final conveyance. The monitoring Certificate and Voucher programs. For an information collection requirement; process will allow HUD to determine if limited evaluative or comparison and (10) the names and telephone all property provided to the LUHAs purposes, HUD may also use this survey numbers of an agency official familiar with Section 810 funding are ultimately to assess resident ratings of other with the proposal and of the OMB Desk accounted for and used by the LUHAs Federal housing assistance programs. Officer for the Department. as required by the statute and This survey will allow HUD to provide feedback to help local housing agencies Authority: Section 3507 of the Paperwork regulation. Reduction Act of 1995, 44 U.S.C. 35, as Agency form numbers, if applicable: improve their Section 8 programs, and amended. it will help HUD to focus its monitoring HUD–40063–A. Dated: June 29, 1999. and technical assistance resources Members of affected public: State and David S. Cristy, local governments, public housing where program performance most needs improvement. It will provide HUD’s Director, IRM Policy and Management authorities and non profit organizations Division. which have agreements with HUD to policy, program, and budget managers operate as Local Urban Homesteading with improved measures for tracking Title of Proposal: Section 8 Housing Agencies under the Section 810 national housing conditions over time. Quality Standards Mail Survey. Homesteading Program. The proposed information collection Office: Policy Development and Estimation of the total numbers of requirement described below has been Research. hours needed to prepare the information submitted to the Office of Management OMB Approval Number: 2528–0170. Description of the need for the collection including number of and Budget (OMB) for review, as information and its proposed use: HUD respondents, frequency of response, and required by the Paperwork Reduction recently developed and tested a cost- hours of response: Total hours needed Act. The Department is soliciting public effective mail survey instrument for to collect information, 350 (200 for comments on the subject proposal. assessing resident satisfaction with, and record-keeping and 150 for response to DATES: Comments Due Date: August 6, rating of, housing units assisted through report [only 75 percent of the 1999. HUD programs. This survey, which respondents need to submit report, i.e., ADDRESSES: Interested persons are elicits renters ratings of their housing, 100 respondents × two reports per year invited to submit comments regarding provided high response rates and high × 75 percent × 1 hour per response = this proposal. Comments should refer to levels of agreement with independent 150]. Number of respondents—100; the proposal by name and/or OMB condition ratings by professional frequency of responses—semi-annually; approval number (2528–0170) and inspectors. HUD plans to implement hours per response—1. should be sent to: Joseph F. Lackey, Jr., this survey as an ongoing tool to assess Status of the proposed information OMB Desk Officer, Office of collection: Reinstatement of a customer ratings of housing assisted Management and Budget, Room 10235, through the Section 8 Certificate and previously approved collection for New Executive Office Building, which approval has expired. Voucher programs. For limited Washington, DC 20503. evaluative or comparison purposes, Authority: The Paperwork Reduction Act FOR FURTHER INFORMATION CONTACT: HUD may also use this survey to assess of 1995, 44 U.S.C. Chapter 35, as amended. Wayne Eddins, Reports Management resident ratings of other Federal housing Dated: June 29, 1999. Officer, Department of Housing and assistance programs. This survey will Cardell Cooper, Urban Development, 451 7th Street, allow HUD to provide feedback to help Assistant Secretary for Community Planning Southwest, Washington, DC 20410, local housing agencies improve their and Development. telephone (202) 708–1305. This is not a Section 8 programs, and it will help [FR Doc. 99–17224 Filed 7–6–99; 8:45 am] toll-free number. Copies of the proposed HUD to focus its monitoring and BILLING CODE 4210±29±M forms and other available documents technical assistance resources where
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Number of × Frequency of × Hours per Burden respondents response response = hours
Survey ...... 187,000 1 0.25 46,725
Total Estimated Burden Hours: approval number and should be sent to: an information collection requirement; 46,725. Joseph F. Lackey, Jr., OMB Desk Officer, and (10) the names and telephone Status: Reinstatement, with change. Office of Management and Budget, numbers of an agency official familiar Contact: Laurent V. Hodes, HUD, Room 10235, New Executive Office with the proposal and of the OMB Desk (202) 708–5537, ext. 5736, Joseph F. Building, Washington, DC 20503. Officer for the Department. Lackey, Jr., OMB, (202) 395–7316. FOR FURTHER INFORMATION CONTACT: Authority: Section 3507 of the Paperwork [FR Doc. 99–17223 Filed 7–6–99; 8:45 am] Wayne Eddins, Reports Management Reduction Act of 1995, 44 U.S.C. 35, as BILLING CODE 4210±01±M Officer, Department of Housing and amended. Urban Development, 451 7th Street, SW, Dated: June 30, 1999. Washington, DC 20410, telephone (202) David S. Cristy, DEPARTMENT OF HOUSING AND 708–1305. This is not a toll-free number. Director, Information Technology Capital URBAN DEVELOPMENT Copies of the proposed forms and other Planning Staff. available documents submitted to OMB [Docket No. FR±4441±N±30] Title of Proposal: Notices of Funding may be obtained from Mr. Eddins. Submission for OMB Review: Funding Availability Under the Department of SUPPLEMENTARY INFORMATION: The Housing and Urban Development’s Availability Under the Department of Department has submitted the proposal Housing and Urban Development's Lead-Based Paint Hazard Control and for the collection of information, as other related grant programs—This is a Lead-Based Paint Hazard Control and described below, to OMB for review, as Other Related Grant Programs modification of an existing, approved required by the Paperwork Reduction reporting requirement. AGENCY: Office of the Assistant Act (44 U.S.C. Chapter 35). Office: Lead Hazard Control. Secretary for Administration, HUD. The Notice lists the following OMB Approval Number: None. information: (1) The title of the ACTION: Notice. Description of the Need for the information collection proposal; (2) the Information and its Proposed Use: Title SUMMARY: The proposed information office of the agency to collect the X of the Housing and Community collection requirement for the Notices of information; (3) the OMB approval Development Act of 1992 requires HUD Funding Availability for the grant number, if applicable; (4) the to provide grants to states and local programs within the HUD Office of Lead description of the need for the governments to address and reduce the Hazard Control has been submitted to information and its proposed use; (5) lead-based paint and other hazards in the Office of Management and Budget the agency form number, if applicable; privately owned housing. Grant (OMB) for review, as required by the (6) what members of the public will be applications are required for this Paperwork Reduction Act. The affected by the proposal; (7) how process. Department is soliciting public frequently information submissions will comments on the subject proposal. be required; (8) an estimate of the total Form Number: None. DATES: Comments Due Date: August 6, number of hours needed to prepare the Respondents: Business or other for- 1999. information submission including profit State, Local, or Tribal Government ADDRESSES: Interested persons are number of respondents, frequency of not-for-profit Institutions. invited to submit comments regarding response, and hours of response; (9) Frequency of Submission: On this proposal. Comments should refer to whether the proposal is new, an Occasion. the proposal by name and/or OMB extension, reinstatement, or revision of Reporting Burden:
Number of Frequency of Hours per Burden respondents x response x response = hours
Application ...... 80 1 100 8,000 Grant ...... 23 1 24 552
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Total Estimated Burden Hours: 8,552. the Diamond Fork System Final meetings, and mail-outs to solicit Status: New Collection. Supplement to the Final EIS in 1990. comments and ideas. Comments Contact: Dana Bres, HUD, (202) 755– The Diamond Fork System has been received through the process have been 1785 ext. 117, Joseph F. Lackey, Jr., modified over the years and has been considered. A Notice of Intent to OMB, (202) 395–7316. partially constructed. Additional prepare the FS–FEIS was published modifications to the System were [FR Doc. 99–17225 Filed 7–6–99; 8:45 am] October 14, 1998, in the Federal proposed in the Spanish Fork Canyon— Register (98–27483). Publication of the BILLING CODE 4210±01±M Nephi Irrigation System (SFN) Draft EIS Record of Decision will occur no sooner in 1998. A notice was published in the than 30 days from the date of this Federal Register on October 14, 1998, notice. DEPARTMENT OF THE INTERIOR announcing the Department, CUWCD, FOR FURTHER INFORMATION: Additional Office of the Assistant SecretaryÐ and Mitigation Commission’s intent to copies of the FS–FEIS or information on Water and Science discontinue planning of the SFN system matters related to this notice can be and to prepare the Diamond Fork FS– obtained on request from: Ms. Nancy [FES 99±25] FEIS. Hardman, Central Utah Water Central Utah Project Completion Act; Proposed Action Conservancy District, 355 West University Parkway, Orem, Utah 84058, Diamond Fork System, Bonneville Unit, The Proposed Action would: (1) Telephone: (801) 226–7187, Fax: (801) Central Utah Project Maintain the statutorily mandated 226–7150. minimum flows in Diamond Fork Creek AGENCIES: Copies are also available for The Department of the and Sixth Water Creek; (2) implement inspection at: Interior (Department); the Central Utah the Department’s environmental Water Conservancy District (CUWCD); commitments on the Diamond Fork Central Utah Water Conservancy and the Utah Reclamation Mitigation Pipeline from the 1995 Record of District, 355 West University and Conservation Commission Decision; (3) meet the CUWCD’s Parkway, Orem, Utah 84058 (Mitigation Commission). Municipal and Industrial water Utah Reclamation Mitigation and ACTION: Notice of availability of the contractual commitments to Salt Lake, Conservation Commission, 102 West Final Supplement to the Final Utah and Wasatch counties; and (4) 500 South, Suite 315, Salt Lake City, Environmental Impact Statement (FS– provide the Mitigation Commission the Utah 84101 FEIS). opportunity and flexibility for future Department of the Interior, Natural restoration of aquatic and riparian Resource Library, Serials Branch, 18th SUMMARY: Pursuant to section 102(2)(C) habitat in Sixth Water and Diamond and C Streets, NW, Washington, D.C. of the National Environmental Policy Fork creeks to protect water quality and 20240 Act of 1969, as amended, the threatened species in Diamond Fork Department of the Interior, Central Utah Department, CUWCD, and the Creek. The Diamond Fork System would Project Completion Act Office, 302 Mitigation Commission, have issued a be completed by constructing a series of East 1860 South, Provo, Utah 84606 joint Final Supplement to the Final tunnels and pipelines to convey water Dated: July 1, 1999. Environmental Impact Statement (FS– through the mountainous terrain of FEIS) for the Diamond Fork System, Ronald Johnston, Diamond Fork Canyon and various Bonneville Unit, Central Utah Project. CUPCA Program Director, Department of the Diamond Fork drainage tributary The FS–FEIS addresses potential Interior. canyons in the Uinta National Forest. impacts related to construction and [FR Doc. 99–17144 Filed 7–6–99; 8:45 am] The features would include Tanner operation of the features proposed for BILLING CODE 4310±RK±P Ridge Tunnel, Diamond Fork Siphon, completing the Diamond Fork System. Red Mountain Tunnel, Red Hollow The FS–FEIS is intended to satisfy Pipeline, Diamond Fork Creek Outlet, disclosure requirements of the National DEPARTMENT OF THE INTERIOR Spanish Fork River Outlet from Environmental Policy Act (NEPA) and Diamond Fork Pipeline, modifications Fish and Wildlife Service will serve as the NEPA compliance to Spanish Fork River diversion dams if document for contracts, agreements and necessary, and other appurtenant Availability of Draft Comprehensive permits that would be required for facilities. Conservation Plan and Draft construction and operation of the Environmental Statement Diamond Fork System. The Department, No Action Alternative AGENCY: Fish and Wildlife Service, CUWCD, and Mitigation Commission Implementation of the No Action Interior. will use the FS–FEIS and other relevant Alternative under the FS–FEIS would materials to plan actions and make complete the Diamond Fork System if a ACTION: Notice of extension of public decisions. decision were made not to proceed with comment period. SUPPLEMENTARY INFORMATION: future development of the Bonneville SUMMARY: This notice informs the public Background Unit through the Utah Lake Drainage that the comment period for the Draft Basin Water Delivery System. The The Diamond Fork System is one of Comprehensive Conservation Plan and features of the No Action Alternative Draft Environmental Impact Statement six systems of the Bonneville Unit of the would include Three Forks Dam and Central Utah Project that would develop for Little Pend Oreille National Wildlife Reservoir, Diamond Fork Pipeline Refuge is extended. central Utah’s water resources for Extension, and Spanish Fork River irrigation, municipal and industrial Outlet. DATES: Comments must be received by supply, fish and wildlife, and the new deadline of July 31, 1999 at the recreation. It was first identified in the Public Involvement address below. Bonneville Unit Final EIS in 1973, Participation has occurred throughout ADDRESSES: Address comments and described in detail in the Diamond Fork the EIS process. There have been requests for more information to: Refuge Power System Final EIS in 1984, and in numerous open houses, public Manager, Little Pend Oreille National
VerDate 18-JUN-99 16:00 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\07JYN1.XXX pfrm08 PsN: 07JYN1 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Notices 36713
Wildlife Refuge, 1310 Bear Creek Rd., performance of the functions of the FOR FURTHER INFORMATION CONTACT: Colville, WA 99114, telephone (509) USGS, including whether the George T. Skibine, Director, Indian 684–8384; E-mail: FWS1Publicl information will have practical utility; Gaming Management Staff, Bureau of Commentsl [email protected]; fax number 2. The accuracy of the USGS estimate Indian Affairs, Washington, DC 20240, (509) 684–8381. of the burden of the collection of (202) 219–4066. FOR FURTHER INFORMATION CONTACT: Lisa information, including the validity of Dated: June 25, 1999. Langlier, Refuge Manager, (509) 684– the methodology and assumptions used; Kevin Gover, 3. The utility, quality and clarity of 8384. Assistant Secretary—Indian Affairs the information to be collected; and, SUPPLEMENTARY INFORMATION: The U.S. [FR Doc. 99–17116 Filed 7–6–99; 8:45 am] Fish and Wildlife Service published in 4. How to minimize the burden of the BILLING CODE 4310±02±P the Federal Register of May 5, 1999 collection of information on those who (Vol. 64, No. 86, page 24168), that are to respond, including the use of appropriate automated electronic, comments were to be received on or DEPARTMENT OF THE INTERIOR before June 30, 1999. In response to mechanical, or other forms of public interest, the Service decided to information technology. Bureau of Indian Affairs provide more time for public comments. Title: Nonferrous Metals Surveys. The new deadline for public comment Abstract: Respondents supply the Indian Gaming is now extended to July 31, 1999. U.S. Geological Survey with domestic production and consumption data on AGENCY: Bureau of Indian Affairs, Dated: June 21, 1999. nonferrous and related metals. This Interior. Thomas J. Dwyer, information will be published as ACTION: Notice of amendment to Acting Regional Director, Region 1, Portland, monthly, quarterly, and annual reports Approved Tribal-State Compact. Oregon. for use by Government agencies, [FR Doc. 99–17102 Filed 7–6–99; 8:45 am] SUMMARY: Pursuant to section 11 of the industry, and the general public. Indian Gaming Regulatory Act of 1988, BILLING CODE 4310±55±P Bureau form number: Various (32 Public Law 100–497, 25 U.S.C. 2710, the forms). Secretary of the Interior shall publish, in Frequency: Monthly, Quarterly, and the Federal Register, notice of approved DEPARTMENT OF THE INTERIOR Annual. Tribal-State Compacts for the purpose of Description of respondents: Producers Geological Survey engaging in Class III (casino) gambling and consumers of nonferrous and on Indian reservations. The Assistant related materials. Request for Public Comments on Secretary—Indian Affairs, Department Annual Respones: 6,633. Information Collection Submitted to of the Interior, through his delegated Annual burden hours: 4,453. the Office of Management and Budget authority, has approved Amendment VI for Review Under the Paperwork USGS clearance officer: John E. Cordyack, Jr., 703–648–7313. to the Tribal-State Compact for Reduction Act Regulation of Class III Gaming Between John H. DeYoung, Jr., A request revising and extending the the Confederated Tribes of Siletz Chief Scientist, Minerals Information Team. collection of information listed below Indians of Oregon and the State of has been submitted to the Office of [FR Doc. 99–17086 Filed 7–6–99; 8:45 am] Oregon, which was executed on April Management and Budget for approval BILLING CODE 4310±31±M 29, 1999. under the provisions of the Paperwork DATES: This action is effective July 7, Reduction Act (44 U.S.C. Chapter 35). 1999. DEPARTMENT OF THE INTERIOR Copies of the proposed collection of FOR FURTHER INFORMATION CONTACT: information and related forms may be Bureau of Indian Affairs George T. Skibine, Director, Indian obtained by contacting the USGS Gaming Management Staff, Bureau of Clearance Officer at the phone number Indian Gaming Indian Affairs, Washington, DC 20240, listed below. OMB has up to 60 days to (202) 219–4066. approve or disapprove the information AGENCY: Bureau of Indian Affairs, Dated: June 25, 1999. collection but may respond after 30 Interior. Kevin Gover, days; therefore, public comments ACTION: Notice of Approved Tribal-State should be submitted to OMB within 30 Compact. Assistant Secretary—Indian Affairs. days in order to assure their maximum [FR Doc. 99–17117 Filed 7–6–99; 8:45 am] consideration. Comments and SUMMARY: Pursuant to Section 11 of the BILLING CODE 4310±02±P suggestions on the requirement should Indian Gaming Regulatory Act of 1988, be made directly to the Desk Officer for Public Law 100–497, 25 U.S.C. § 2710, the Interior Department, Office of the Secretary of the Interior shall DEPARTMENT OF JUSTICE Information and Regulatory Affairs, publish, in the Federal Register, notice Office of Management and Budget, of approved Tribal-State Compacts for Executive Office of Immigration Washington, DC 20503 and to the USGS the purpose of engaging in Class III Review; Agency Information Collection Clearance Officer, U.S. Geological (casino) gambling on Indian Activities: New Collection; Comment Survey, 807 National Center, Reston, VA reservations. The Assistant Secretary— Request Indian Affairs, Department of the 20192. ACTION: Notice of information collection Interior, through his delegated As required by OMB regulations at 5 under review; Immigration practitioner authority, has approved the Tribal-State CFR 1320.8(d)(1), the U.S. Geological appeal form from an adverse decision of Compact between the Comanche Indian Survey solicits specific public an adjudicating official, Executive Tribe and the State of Oklahoma, which comments regarding the proposed Office for Immigration Review. information collection as to: was executed on July 12, 1990. 1. Whether the collection of DATES: This action is effective July 7, Office of Management and Budget information is necessary for the proper 1999. approval is being sought for the
VerDate 18-JUN-99 11:38 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\A07JY3.051 pfrm03 PsN: 07JYN1 36714 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Notices information collection listed below. collection: Form EOIR–45, Executive 395–7285. Comments may also be This proposed information collection Office for Immigration Review, U.S. submitted to the Department of Justice was previously published in the Fedeal Department of Justice. (DOJ), Justice Management Division, Register on May 3, 1999, at 64 FR (4) Affected public who will be asked Information Management and Security 23685, allowing for a 60-day comment to respond, as well as a brief abstract: Staff, Attention: Department Clearance period. The Information on Form EOIR–45 will Officer, Suite 850, 1001 G Street, NW, The purpose of this notice is to allow be used by immigration practitioners to Washington, DC 20530. Additionally, an additional 30 days for public appeal an adverse decision of an comments may be submitted to DOJ via comments until August 6, 1999. Adjudicating Official in a disciplinary facsimile to (202) 514–1590. Written comments and/or suggestions proceeding to the Board of Immigration Written comments and suggestions regarding the item(s) contained in this Appeals, Executive Office for from the public and affected agencies notice, especially regarding the Immigration Review. concerning the proposed collection of estimated public burden and associated (5) An estimate of the total number of information should address one or more response time, should be directed to the respondents and the amount of time of the following four points: Office of Management and Budget, estimated for an average respondent to (1) Evaluate whether the proposed Office of Information and Regulatory respond: 50 responses per year at 1 hour collection of information is necessary Affairs, Attention: Department of Justice per response. for the proper performance of the Desk Officer, Washington, DC 20530. (6) An estimate of the total public functions of the agency, including Additionally, comments may be burden (in hours) associated with the whether the information will have submitted to OMB via facsimile to (202) collection: 50 annual burden hours. practical utility; 395–7285. Comments may also be If additional information is required (2) Evaluate the accuracy of the submitted to the Department of Justice contact: Mr. Robert D. Briggs, Clearance agency’s estimate of the burden of the (DOJ), Justice Management Division, Officer, United States Department of proposed collection of information, Information Management and Security Justice, Information Management and including the validity of the Staff, Attention: Department Clearance Security Staff, Justice Management methodology and assumptions used; Officer, Suite 850, 1001 G Street, NW, Division, Suite 850, Washington Center, (3) Enhance the quality, utility, and Washington, DC 20530. Additionally, 1001 G Street, NW, Washington, DC clarity of the information to be comments may be submitted to DOJ via 20530. collected; and facsimile to (202) 514–1590. Dated: July 1, 1999. (4) Minimize the burden of the Written comments and suggestions Robert B. Briggs, collection of information on those who from the public and affected agencies Clearance Officer, Department of Justice. are to respond, including through the concerning the proposed collection of use of appropriate automated, information should address one or more [FR Doc. 99–17217 Filed 7–6–99; 8:45 am] BILLING CODE 4410±30±M electronic, mechanical, or other of the following four points: technological collection techniques or (1) Evaluate whether the proposed other forms of information technology, collection of information is necessary DEPARTMENT OF JUSTICE e.g., permitting electronic submission of for the proper information of the responses. functions of the agency, including Executive Office for Immigration Overview of this information whether the information will have Review; Agency Information Collection collection: practical utility; Activities: New Collection; Comment (1) Type of Information Collection: (2) Evaluate the accuracy of the Request New Collection of Information. agency’s estimate of the burden of the (2) Title of the Form/Collection: proposed collection of information, ACTION: Notice of information collection Immigration Practitioner Complaint including the validity of the under review; Immigration Practitioner Form, Executive Office for Immigration methodology and assumptions used; Complaint Form, Executive Office for Review. (3) Enhance the quality, utility, and Immigration Review. clarity of the information to be (3) Agency form number, if any, and collected; and Office of Management and Budget the applicable component of the (4) Miminize the burden of the approval is being sought for the Department of Justice sponsoring the collection of information on those who information collection listed below. collection: Form EOIR–44, Executive are to respond, including through the This proposed information collection Office for Immigration Review, U.S. use of appropriate automated, was previously published in the Federal Department of Justice. electronic, mechanical, or other Register on May 3, 1999, at 64 FR (4) Affected public who will be asked technological collection techniques or 23685, allowing for a 60-day comment to respond, as well as a brief abstract: other forms of information technology, period. The Information on Form EOIR–44 will e.g., permitting electronic submission of The purpose of this notice is to allow be used to determine whether or not, responses. an additional 30 days for public assuming the truth of the factual Overview of this information comments until August 6, 1999. allegations raised therein, the Office of collection: (1) Type of Information Written comments and/or suggestions the General Counsel of the Executive Collection: New Collection of regarding the item(s) contained in this Office for Immigration Review should Information. notice, especially regarding the conduct a preliminary disciplinary (2) Title of the Form/Collection: estimated public burden and associated inquiry, request additional information Immigration Practitioner Appeal Form response time, should be directed to the from the responding complainant, refer from an Adverse Decision of an Office of Management and Budget, the matter to a state bar disciplinary Adjudicating Official, Executive Office Office of Information and Regulatory authority or other law enforcement for Immigration Review. Affairs, Attention: Department of Justice agency, or take no further action. (3) Agency form number, if any, and Desk Office, Washington, DC 20530. (5) An estimate of the total number of the applicable component of the Additionally, comments may be respondents and the amount of time Department of Justice sponsoring the submitted to OMB via facsimile to (202) estimated for an average respondent to
VerDate 18-JUN-99 11:38 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\A07JY3.112 pfrm03 PsN: 07JYN1 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Notices 36715 respond: 500 responses per year at 2 information should address one or more Justice, Information Management and hours per response. of the following four points: Security Staff, Justice Management (6) An estimate of the total public (1) Evaluate whether the proposed Division, Suite 850, Washington Center, burden (in hours) associated with the collection of information is necessary 1001 G Street, NW, Washington, DC collection: 1,000 annual burden hours. for the proper performance of the 20530. If additional information is required functions of the agency, including Dated: July 1, 1999. contact: Mr. Robert B. Briggs, Clearance whether the information will have Robert B. Briggs, Officer, United States Department of practical utility; Clearance Officer, Department of Justice. Justice, Information Management and (2) Evaluate the accuracy of the [FR Doc. 99–17219 Filed 7–6–99; 8:45 am] Security Staff, Justice Management agencies estimate of the burden of the BILLING CODE 4410±30±M Division, Suite 850, Washington Center, proposed collection of information, 1001 G Street, NW, Washington, DC including the validity of the 20530. methodology and assumptions used; DEPARTMENT OF JUSTICE (3) Enhance the quality, utility, and Dated: July 1, 1999. clarity of the information to be Executive Office for Immigration Robert B. Briggs, collected; and Review; Agency Information Collection Clearance Officer, Department of Justice. (4) Minimize the burden of the Activities: Existing Collection in Use [FR Doc. 99–17218 Filed 7–6–99; 8:45 am] collection of information on those who Without an OMB Control Number; BILLING CODE 4410±30±M are to respond, including through the Comment Request use of appropriate automated, ACTION: Notice of information collection electronic, mechanical, or other under review; notice of entry of DEPARTMENT OF JUSTICE technological collection techniques or appearance as attorney or representative other forms of information technology, before the Immigration Court, Executive Executive Office for Immigration e.g. permitting electronic submission of Office for Immigration Review. Review; Agency Information Collection responses. Activities: Existing Collection in Use Overview of this information Office of Management and Budget Without an OMB Control Number; collection: approval is being sought for the Comment Request (1) Type of Information Collection: information collection listed below. Existing Collection in Use Without an ACTION: Notice of information collection This proposed information collection OMB Control Number. was previously published in the Federal under review; notice of entry of (2) Title of the Form/Collection: appearance as attorney or representative Register on May 3, 1999, at 64 FR Notice of Entry of Appearance as 23684, allowing for a 60-day comment before the Immigration Court, Executive Attorney or representative Before the Office for Immigration Review. period. Immigration Court, Executive Office for The purpose of this notice is to allow Immigration Office of Management and Budget an additional 30 days for public (3) Agency form number, if any, and approval is being sought for the comments until August 6, 1999. the applicable component of the information collection listed below. Written comments and/or suggestions Department of Justice sponsoring the This proposed information collection regarding the item(s) contained in this collection: Form EOIR–28; Executive was previously published in the Federal notice, especially regarding the Office for Immigration Review, U.S. Register on May 3, 1999, at 64 FR estimated public burden and associated Department of Justice. response time, should be directed to the 23684, allowing for a 60-day comment (4) Affected public who will be asked period. Office of Management and Budget, to respond, as well as a brief abstract: Office of Information and Regulatory The purpose of this notice is to allow the information collected on EOIR–28 Affairs, Attention: Department of Justice an additional 30 days for public will be used (i) to determine whether or Desk Officer, Washington, DC 20530. comments until August 6, 1999. not a responding attorney or Additionally, comments may be Written comments and/or suggestions representative is duly authorized to submitted to OMB via facsimile to (202) regarding the item(s) contained in this represent aliens before the Immigration 395–7285. Comments may also be notice, especially regarding the Court, (ii) to provide the responding submitted to the Department of Justice estimated public burden and associated represented party an opportunity to (DOJ), Justice Management Division, response time, should be directed to the expressly consent to such representation Information Management and Security Office of Management and Budget, and to release of Executive Office for Staff, Attention: Department Clearance Office of Information and Regulatory Immigration Review records to the Officer, Suite 850, 1001 G Street, NW, Affairs, Attention: Department of Justice representative as required by law, and Washington, DC 20530. Additionally, Desk Officer, Washington, DC 20530. (iii) to notify the Immigration and comments may be submitted to DOJ via Additionally, comments may be Naturalization Service and the facsimile to (202) 514–1590. submitted to OMB via facsimile to (202) Executive Office for Immigration Written comments and suggestions 395–7285. Comments may also be Review of such representation. from the public and affected agencies submitted to the Department of Justice (5) An estimate of the total number of concerning the proposed collection of (DOJ), Justice Management Division, respondents and the amount of time information should address one or more Information Management and Security estimated for an average respondent to of the following four points: Staff, Attention: Department Clearance respond: 77,000 responses per year at 6 (1) Evaluate whether the proposed Officer, Suite 850, 1001 G Street, NW, minutes per response. collection of information is necessary Washington, DC 20530. Additionally, (6) An estimate of the total public for the proper performance of the comments may be submitted to DOJ via burden (in hours) associated with the functions of the agency, including facsimile to (202) 514–1590. collection: 7,700 annual burden hours. whether the information will have Written comments and suggestions If additional information is required practical utility; from the public and affected agencies contact: Mr. Robert B. Briggs, Clearance (2) Evaluate the accuracy of the concerning the proposed collection of Officer, United States Department of agencies estimate of the burden of the
VerDate 18-JUN-99 16:00 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\07JYN1.XXX pfrm08 PsN: 07JYN1 36716 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Notices proposed collection of information, Dated: July 1, 1999. DEPARTMENT OF JUSTICE including the validity of the Robert B. Briggs, methodology and assumptions used; Clearance Officer, Department of Justice. Drug Enforcement Administration (3) Enhance the quality, utility, and [FR Doc. 99–17220 Filed 7–6–99; 8:45 am] Importation of Controlled Substances; clarity of the information to be BILLING CODE 4410±30±M Application collected; and Pursuant to section 1008 of the (4) Minimize the burden of the Controlled Substances Import and collection of information on those who DEPARTMENT OF JUSTICE Export Act (21 U.S.C. 958(i)), the are to respond, including through the Drug Enforcement Administration Attorney General shall, prior to issuing use of appropriate automated, a registration under this section to a electronic, mechanical, or other Manufacturer of Controlled bulk manufacturer of a controlled technological collection techniques or Substances; Application substance in Schedule I or II and prior other forms of information technology, to issuing a regulation under section e.g. permitting electronic submission of Pursuant to § 1301.33(a) of Title 21 of 1002 (a) authorizing the importation of responses. the Code of Federal Regulations (CFR), such a substance, provide Overview of this information this is notice that on April 21, 1999, manufacturers holding registrations for collection: American Radiolabeled Chemicals, Inc., the bulk manufacture of the substance (1) Type of Information Collection: 11624 Bowling Green Drive, St. Louis, an opportunity for a hearing. Existing Collection in Use Without an Missouri 63146, made application by Therefore, in accordance with OMB Control Number. renewal to the Drug Enforcement § 1301.34 of Title 21, Code of Federal Administration (DEA) for registration as Regulations (CFR), notice is hereby (2) Title of the Form/Collection: given that on April 1, 1999, Applied Notice of Entry of Appearance as a bulk manufacturer of the basic classes of controlled substances listed below: Science Labs, Inc., A Division of Alltech Attorney or representative Before the Associates, Inc., 2701 Carolean Immigration Court, Executive Office for Drug Schedule Industrial Drive, P.O. Box 440, State Immigration Review. College, Pennsylvania 16801, made (3) Agency form number, if any, and Dimethyltryptamine (7435) ...... I application to the Drug Enforcement the applicable component of the Dihydromorphine (9145) ...... I Administration to be registered as an Department of Justice sponsoring the Cocaine (9041) ...... II importer of the basic classes of collection: Form EOIR–28, Executive Codeine (9050) ...... II controlled substances listed below: Office for immigration Review, U.S. Benzoylecgonine (9180) ...... II Department of Justice. Meperidine (9230) ...... II Drug Schedule Metazocine (9240) ...... II (4) Affected public who will be asked Morphine (9300) ...... II Heroin (9200) ...... I Cocaine (9041) ...... II to respond, as well as a brief abstract: Oxymorphone (9652) ...... II The information collected on EOIR–28 Codeine (9050) ...... II will be used: (i) To determine whether Meperidine (9230) ...... II or not a responding attorney or The firm plans to bulk manufacture Methadone (9250) ...... II Morphine (9300) ...... II representative is duly authorized to small quantities of the listed controlled substances as radiolabeled compounds. represent aliens before the Immigration The firm plans to import these Court, (ii) to provide the responding Any other such applicant and any controlled substances for the represented party an opportunity to person who is presently registered with manufacture of reference standards. expressly consent to such representation DEA to manufacture such substances Any manufacturer holding, or and to release of Executive Office for may file comments or objections to the applying for, registration as a bulk Immigration Review records to the issuance of the proposed registration. manufacturer of these basic classes of representative as required by law, and Any such comments or objections controlled substances may file written (iii) to notify the Immigration and may be addressed, in quintuplicate, to comments on or objections to the Naturalization Service and the the Deputy Assistant Administrator, application described above and may, at Executive Office for immigration Office of Diversion Control, Drug the same time, file a written request for Review of such representation. Enforcement Administration, United a hearing on such application in (5) An estimate of the total number of States Department of Justice, accordance with 21 CFR 1301.43 in respondents and the amount of time Washington, DC 20537, Attention: DEA such form as prescribed by 21 CFR estimated for an average respondent to Federal Register Representative (CCR), 1316.47. respond: 77,000 responses per year at 6 and must be filed no later than Any such comments, objections or requests for a hearing may be addressed, minutes per response. September 7, 1999. in quintuplicate, to the Deputy Assistant (6) An estimate of the total public Dated: June 23, 1999. Administrator, Office of Diversion burden (in hours) associated with the John H. King, Control, Drug Enforcement collection: 7,700 annual burden hours. Deputy Assistant Administrator, Office of Administration, United States If additional information is required Diversion Control, Drug Enforcement Department of Justice, Washington, D.C. contact: Mr. Robert B. Briggs, Clearance Administration. 20537, Attention: DEA Federal Register Officer, United States Department of [FR Doc. 99–17097 Filed 7–6–99; 8:45 am] Representative (CCR), and must be filed Justice, Information Management and BILLING CODE 4410±09±M no later then August 6, 1999. Security Staff, Justice Management This procedure is to be conducted Division, Suite 850, Washington Center, simultaneously with and independent 1001 G Street, NW, Washington, DC of the procedures described in 21 CFR 20530. 1301.34(b), (c), (d), (e), and (f). As noted
VerDate 18-JUN-99 11:38 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\A07JY3.116 pfrm03 PsN: 07JYN1 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Notices 36717 in a previous notice at 40 FR 43745-46 and must be filed no later than controlled substances listed above is (September 23, 1975), all applicants for September 7, 1999. granted. registration to import the basic classes Dated: June 23, 1999. Dated: June 23, 1999. of any controlled substances in John H. King, Schedule I or II are and will continue to John H. King, Deputy Assistant Administrator, Office of Deputy Assistant Administrator, Office of be required to demonstrate to the Diversion Control, Drug Enforcement Deputy Assistant Administrator, Office Diversion Control, Drug Enforcement Administration. Administration. of Diversion Control, Drug Enforcement [FR Doc. 99–17096 Filed 7–6–99; 8:45 am] Administration that the requirements [FR Doc. 99–17094 Filed 7–6–99; 8:45 am] BILLING CODE 4410±09±M for such registration pursuant to 21 BILLING CODE 4410±09±M U.S.C. 958 (a), 21 U.S.C. 823 (a), and 21 CFR 1301.34(a), (b), (c), (d), (e), and (f) DEPARTMENT OF JUSTICE are satisfied. DEPARTMENT OF JUSTICE Drug Enforcement Administration Dated: June 23, 1999. Drug Enforcement Administration John H. King, Manufacturer of Controlled Deputy Assistant Administrator, Office of Substances; Registration Importer of Controlled Substances; Diversion Control, Drug Enforcement Registration Administration. By Notice dated February 23, 1999, [FR Doc. 99–17095 Filed 7–6–99; 8:45 am] and published in the Federal Register By notice dated March 19, 1999, and BILLING CODE 4410±09±M on March 5, 1999, (64 FR 10724), Ganes published in the Federal Register on Chemicals, Inc., Industrial Park Road, April 9, 1999, (64 FR 17417), Roberts Pennsville, New Jersey 08070, made Laboratories, Inc., 4 Industrial Way East, DEPARTMENT OF JUSTICE application by renewal to the Drug Eatontown, New Jersey 07724, made application to the Drug Enforcement Drug Enforcement Administration Enforcement Administration (DEA) to be registered as a bulk manufacturer of Administration (DEA) to be registered as Manufacturer of Controlled the basic classes of controlled an importer of propiram (9649), a basic Substances; Application substances listed below: class of controlled substance listed in Schedule I. Pursuant to § 1301.33(a) of Title 21 of Drug Schedule The firm plans to import the propiram the Code of Federal Regulations (CFR), for product development. this is notice that on April 27, 1999, Methylphenide (1724) ...... II No comments or objections have been Damocles10, 3529 Lincoln Highway, Amobarbital (2125) ...... II Pentobarbital (2270) ...... II received. DEA has considered the Thorndale, Pennsylvania 19372, made Secobarbital (2315) ...... II factors in Title 21, United States Code, application by renewal to the Drug Glutethimide (2550) ...... II section 823(a) and determined that the Enforcement Administration (DEA) for Methadone (9250) ...... II registration of Roberts Laboratories, Inc. registration as a bulk manufacturer of Methadone-intermediate (9254) ... II to import propiram is consistent with the basic classes of controlled Dextropropoxphene, bulk (non- II the public interest and with United substances listed below: dosage forms) (9273). States obligations under international Drug Schedule treaties, conventions, or protocols in The firm plans to manufacture the effect on May 1, 1971, at this time. DEA listed controlled substances for Codeine-N-oxide (9053) ...... I has investigated Roberts Laboratories, Heroin (9200) ...... I distribution as bulk products to its Inc. on a regular basis to ensure that the Morphine-N-oxide (9307) ...... I customers. company’s continued registration is Amphetamine (1100) ...... II DEA has considered the factors in 21 consistent with the public interest. Methamphetamine (1105) ...... II U.S.C. 823(a) and determined that the These investigations have included Phencyclidine (7471) ...... II registration of Ganes Chemicals, Inc. to inspection and testing of the company’s Codeine (9050) ...... II manufacture the listed controlled Morphine (9300) ...... II physical security systems, audits of the substances is consistent with the public company’s records, verification of the interest at this time. DEA has The firm plans to manufacture the company’s compliance with state and investigated Ganes Chemicals, Inc. on a local laws, and a review of the listed controlled substances for the regular basis to ensure that the purpose of deuterium labeled internal company’s background and history. company’s continued registration is Therefore, pursuant to section 1008(a) of standards for distribution to analytical consistent with the public interest. laboratories. the Controlled Substances Import and These investigations have included Export Act and in accordance with Title Any other such applicant and any inspection and testing of the company’s 21, Code of Federal Regulations, person who is presently registered with physical security systems, audits of the § 1301.34, the above firm is granted DEA to manufacture such substances company’s records, verification of the registration as an importer of the basic may file comments or objections to the company’s compliance with state and class of controlled substance listed issuance of the proposed registration. local laws, and a review of the above. Any such comments or objections company’s background and history. may be addressed, in quintuplicate, to Therefore, pursuant to 21 U.S.C. 823 Dated: June 23, 1999. the Deputy Assistant Administrator, and 28 CFR 0.100 and 0.104, the Deputy John H. King, Office of Diversion Control, Drug Assistant Administrator, Office of Deputy Assistant Administrator, Office of Enforcement Administration, United Diversion Control, hereby orders that Diversion Control, Drug Enforcement States Department of Justice, the application submitted by the above Administration. Washington, DC 20537, Attention: DEA firm for registration as a bulk [FR Doc 99–17093 Filed 7–6–99; 8:45 am] Federal Register Representative (CCR), manufacturer of the basic classes of BILLING CODE 4410±09±M
VerDate 18-JUN-99 11:38 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\A07JY3.091 pfrm03 PsN: 07JYN1 36718 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Notices
DEPARTMENT OF JUSTICE comment on proposed and/or establishments where urban consumers continuing collections of information in shop for specified items. This Drug Enforcement Administration accordance with the Paperwork information is used as the sampling Reduction Act of 1995 (PRA95) [44 universe for selecting establishments at Manufacturer of Controlled Substance; U.S.C. 3506(c)(2)(A)]. This program which prices of specified items are Notice of Application helps to ensure that requested data can collected and monitored for use in Pursuant to § 1301.33(a) of Title 21 of be provided in the desired format, calculating the Consumer Price Index the Code of Federal Regulations (CFR), reporting burden (time and financial (CPI). The survey has been ongoing this is notice that on May 4, 1999, Roche resources) is minimized, collection since 1980 and also provides Diagnostics Corporation, 9115 Hague instruments are clearly understood, and expenditure data that allow items that Road, Indianapolis, Indian 46250, made the impact of collection requirements on are priced in the CPI to be properly application by letter to the Drug respondents can be properly assessed. weighted. Enforcement Administration (DEA) for DATES: Written comments must be III. Current Actions registration as a bulk manufacturer of submitted to the office listed in the the basic classes of controlled Addresses section of this notice on or Since 1997, the survey has been substances listed below: before September 7, 1999. administered quarterly and entirely via The Bureau of Labor Statistics is a computer-assisted telephone Drug Schedule particularly interested in comments interview, as opposed to the previous which: practice of an annual personal-visit Lysergic acid diethylamide (7315) I • Evaluate whether the proposed interview. This revised collection Tetrahydrocannabinols (7370) ..... I methodology is more flexible and Phencyclidine (7471) ...... II collection of information is necessary Benzoylecgonine (9180) ...... II for the proper performance of the creates the possibility of introducing Methadone (9250) ...... II functions of the agency, including new products into the CPI in a timelier Morphine (9300) ...... II whether the information will have manner. Furthermore, the cost practical utility; efficiency of telephone interviewing Roche Diagnostics Corporation plans • Evaluate the accuracy of the permits data collection in all sampling to manufacture small quantities of the agency’s estimate of the burden of the areas each year, rather than the previous above listed controlled substances for proposed collection of information, practice of collecting data in only 20 incorporation in drug of abuse detection including the validity of the percent of all sampling areas each year. kits. methodology and assumptions used; The revised sample design results in an Any other such applicant and any • Enhance the quality, utility, and overall CPI market basket that is more person who is presently registered with clarity of the information to be reflective of the current prices DEA to manufacture such substances collected; and encountered, and the establishments may file comments or objections to the ÷ Minimize the burden of the visited, by urban consumers. issuance of the proposed registration. collection of information on those who Type of Review: Revision of a Any such comments or objections are to respond, including through the currently approved collection. may be addressed, in quintuplicate, to use of appropriate automated, Agency: Bureau of Labor Statistics. the Deputy Assistant Administrator, electronic, mechanical, or other Title: Point of Purchase Survey. Office of Diversion Control, Drug technological collection techniques or OMB Number: 1220–0044. Enforcement Administration, United other forms of information technology, States Department of Justice, e.g., permitting electronic submissions Affected Public: Individuals and Washington, DC 20537, Attention: DEA of responses. households. Federal Register Representative (CCR), ADDRESSES: Send comments to Karin G. Total Respondents: 17,827 (three-year and must be filed no later than Kurz, BLS Clearance Officer, Division of annual average). September 7, 1999. Management Systems, Bureau of Labor Frequency: Quarterly. Dated: June 8, 1999. Statistics, Room 3255, 2 Massachusetts Total Responses: 67,200 annually. John H. King, Avenue, NE, Washington, DC 20212. Average Time Per Response: 11 Deputy Assistant Administrator, Office of Ms. Kurz can be reached on 202–606– minutes. Diversion Control, Drug Enforcement 7628 (this is not a toll free number). Estimated Total Burden Hours: 12,320 Administration. FOR FURTHER INFORMATION CONTACT: annually. [FR Doc. 99–17098 Filed 7–6–99; 8:45 am] Karin G. Kurz, BLS Clearance Officer. Total Burden Cost: (capital/startup): BILLING CODE 4410±09±M See Addresses section. $0. SUPPLEMENTARY INFORMATORY: Total Burden Cost: (operating/ I. Proposed Collection maintenance): $0. DEPARTMENT OF LABOR Comments submitted in response to Currently, the Bureau of Labor this notice will be summarized and/or Bureau of Labor Statistics Statistics (BLS) is soliciting comments included in the request for Office of concerning the proposed revision of the Management and Budget approval of the Proposed Collection; Comment ‘‘Point of Purchase Survey.’’ A copy of Request information collection request; they also the proposed information collection will become a matter of public record. ACTION: Notice. request (ICR) can be obtained by contacting the individual listed in the Signed at Washington, D.C., this 30th day of June 1999. SUMMARY: The Department of Labor, as ADDRESSES section of this notice. part of its continuing effort to reduce W. Stuart Rust, Jr., paperwork and respondent burden, II. Background Chief, Division of Management Systems, conducts a pre-clearance consultation The purpose of this survey is to Bureau of Labor Statistics. program to provide the general public develop and maintain a timely list of [FR Doc. 99–17131 Filed 7–6–99; 8:45 am] and Federal agencies an opportunity to retail, wholesale, and service BILLING CODE 4510±24±M
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MEDICARE PAYMENT ADVISORY ways to minimize the burden of the candidates and to forward its COMMISSION collection of information on those who recommendations to the President. are to respond, including through the In 1962, to comply with these Commission Meeting use of appropriate automated, directives, the Committee initiated a electronic, mechanical, or other solicitation form letter to invite these AGENCY: Medicare Payment Advisory technological collection techniques or nominations. In 1979, the Committee Commission. other forms of information technology initiated a nomination form as an ACTION: Notice of meeting. should be addressed to: Office of attachment to the solicitation letter. A SUMMARY: The Commission will hold its Information and Regulatory Affairs of slightly modified version of the next public meeting on Thursday, July OMB, Attention: Desk Officer for nomination form was used in 1980. The 15, 1999 at the Embassy Suites Hotel, National Science Foundation, 725—17th Committee agreed that such a form Chevy Chase Pavilion. The meeting is Street, N.W. Room 10235, Washington, standardized the nomination format, tentatively scheduled for 10:00 a.m. to D.C. 20503, and to Suzanne H. benefiting the nominator, making the 4:30 p.m. Plimpton, Reports Clearance Officer, Committee’s review process more The Commission will discuss National Science Foundation, 4201 efficient and permitted better staff work recommendations on graduate medical Wilson Boulevard, Suite 295, Arlington, in a shorter period of time. Form NSF– education and payments to teaching Virginia 22230 or send email to 1122 will be used to further standardize hospitals in preparation for its [email protected]. Comments regarding the nomination procedures, thus forthcoming report to the Congress. this information collection are best continuing to allow for more effective committee review, and permitting better ADDRESSES: MedPAC’s address is: 1730 assured of having their full effect if staff work in a shorter period of time. K Street, NW, Suite 800, Washington, received within 30 days of this The Committee has established the DC 20006. The telephone number is notification. Copies of the submission following guidelines for selection of (202) 653–7220. may be obtained by calling 703–306– 1125 X2017. candidates: FOR FURTHER INFORMATION CONTACT: NSF may not conduct or sponsor a 1. The total impact of an individual’s Diane Ellison, Office Manager, (202) collection of information unless the work on the present state of physical, 653–7220. collection of information displays a biological, mathematical, engineering, Murray N. Ross, currently valid OMB control number or social and behavioral sciences is to be Executive Director. and the agency informs potential the principal criterion. [FR Doc. 99–17230 Filed 7–6–99; 8:45 am] persons who are to respond to the 2. Achievements of an unusually BILLING CODE 6820±BW±M collection of information that such significant nature in relation to the persons are not required to respond to potential effects of such achievements the collection of information unless it on the development of scientific NATIONAL SCIENCE FOUNDATION displays a currently valid OMB control thought. number. 3. Unusually distinguished service in Notice of Intent To Seek Approval To Title of Collection: National Science the general advancement of science and Extend and Revise a Current Foundation Science Honor Awards. engineering, when accompanied by Information Collection OMB Control Number: 3145–0035. substantial contributions to the content of science at some time. Summary of Collection: The National AGENCY: National Science Foundation. 4. Recognition by peers within the Science Foundation (NSF) administers ACTION: Submission for OMB Review; scientific community. comment request. several honorary awards, among them 5. Contributions to innovation and the President’s National Medal of industry. SUMMARY: The National Science Science, the Alan T. Waterman Award, 6. Influence on education through Foundation (NSF) has submitted the the NSF Vannevar Bush Award, and the publications, students, etc. following information collection NSB Public Service Award. 7. Must be a U.S. citizen or permanent requirement to OMB for review and Use of the Information: The resident who has applied for clearance under the Paperwork Foundation has the following honor citizenship. Reduction Act of 1995, Public Law 104– award programs: Nominations remain active for a 13. This is the second notice for public • President’s National Medal of period of four years, including the year comment; the first was published in the Science. Statutory authority for the of nomination. After that time, Federal Register at 64 FR 2682 (January President’s National Medal of Science is candidates must be renominated with a 15, 1999), and no comments were contained in 42 U.S.C. 1881 (Pub. L. 86– new nomination package for them to be received. NSF is forwarding the 209), which established the award and considered by the Committee. proposed renewal submission to the stated that ‘‘(t)he President shall * ** Nomination forms should be Office of Management and Budget award the Medal on the typewritten, single-spaced using a font (OMB) for clearance simultaneously recommendations received from the no smaller than 12 characters per inch. with the publication of this second National Academy of Sciences or on the Renominations may be submitted via an notice. Comments regarding: (a) basis of such other information and updated nomination form. Whether the collection of information is evidence as * * * appropriate.’’ • Alan T. Waterman Award. necessary for the proper performance of Subsequently, Executive Order 10961 Congress established the Alan T. the functions of the agency, including specified procedures for the Award by Waterman Award in August 1975 (42 whether the information will have establishing a National Medal of Science U.S.C. 1881a (Pub. L. 94–86) and practical utility; (b) the accuracy of the Committee which would ‘‘receive authorized NSF to ‘‘establish the Alan agency’s estimate of burden including recommendations made by any other T. Waterman Award for research or the validity of the methology and nationally representative scientific or advanced study in any of the sciences assumptions used; (c) ways to enhance engineering organization.’’ On the basis or engineering’’ to mark the 25th the quality, utility and clarity of the of those recommendations, the anniversary of the National Science information to be collected; and (d) Committee was directed to select its Foundation and to our honor its first
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Director. The annual award recognizes 3. Whose leadership and creativity telephone number, and the name, an outstanding young researcher in any have inspired others to distinguished address, and telephone number, and the field of science or engineering careers in science and technology. name, address, and telephone number of supported by NSF. In addition to a 4. Who has contributed to the welfare the nominee, as well as the nominee’s medal, the awardee receives a grant of of the Nation and mankind through vita, if appropriate (no more than three $500,000 over a three-year period for activities in science and technology. pages). scientific research or advanced study in 5.Whose leadership and creativity 2. The selection committee the mathematical, physical, medical, have helped mold the history of recommends the most outstanding biological, engineering, social, or other advancements in the Nation’s science, candidate(s) for each category to the sciences at the institution of the technology, and education. NSB, which approves the awardees. recipient’s choice. Nomination submissions should be in The Alan T. Waterman Award letter format, accompanied by a 3. Nominations remain active for a Committee was established by NSF to complete biography and a brief citation period of three years, including the year comply with the directive contained in summarizing the nominee’s scientific or of nomination. After that time, Pub. L. 94–86. The Committee solicits technological contributions to our candidates must be renominated for nominations from members of the national welfare in promotion of the them to be considered by the selection National Academy of Sciences, National progress of science. Nominations remain committee. Academy of Engineering, scientific and active for three years, including the year 4. Nominations should be mailed or technical organizations, and any other of nomination. faxed to the NSB Public Service Award source, public or private, as appropriate. • Public Service Award. The NSB Advisory Committee. Electronic mail In 1976, the Committee initiated a established the Public Service Award in does not protect confidentiality and form latter to solicit these nominations. November 1996. This annual award should not be used for this purpose. In 1980, a nomination form (NSF 1123) recognizes people and organizations Facsimile copies should be followed up was used which standardized the who have increased the public by the original, signed document in nomination procedures, allowed for understanding of science or engineering. order for the nomination to be reviewed more effective Committee review, and The award may be given to an by the selection committee. permitted better staff work in a short individual and to a group (company, Respondents: Individuals, businesses period of time. On the basis of its corporation, or organization), but not to or other for-profit organizations, review, the Committee forwards its members of the U.S. Government. universities, non-profit institutions, and recommendations to the Director, NSF, Eligibility includes any individual or Federal and State governments. and the National Science Board (NSB). group (company, corporation or HSF Form 1124 is used for this purpose. organization) that has increased the Estimated Number of Responses per Candidates must be U.S. citizens or public understanding of science or Award. 137 responses, broken down as permanent residents and must be 35 engineering. Members of the U.S. follows: For the President’s National years of age or younger or not more then Government are not eligible for Medal of Science, 45; for the Alan T. five years beyond receipt of the PhD. consideration. Waterman Award, 60; for the Vannevar degree by December 31 of the year in Candidates for the individual and Bush Award, 12; for the Public Service which they are nominated. Candidates group (company, corporation or Award, 20. should have demonstrated exceptional organization) award must have made Estimate of Burden: These are annual individual achievements in scientific or contributions to public service in areas award programs with application engineering research of sufficient other than research, and should meet deadlines varying according to the quality to place them at the forefront of one or more of the following criteria: program. Public burden also may vary their peers. Criteria include originality, 1. Increased the public’s according to program; however, it is innovation, and significant impact on understanding of the processes of estimated that each submission is the field. science and engineering through • averaged to be 8 hours per respondent Vannevar Bush Award. The NSB scientific discovery, innovation and its for each program. If the nominator is established the Vannevar Bush Award communication to the public. thoroughly familiar with the scientific in 1980 to honor the Dr. Bush’s unique 2. Encouraged others to help raise the background of the nominee, time spent contributions to public service. The public understanding of science and to complete the nomination may be annual award recognizes an individual technology. considerably reduced. who, through public service activities in 3. Promoted the engagement of science and technology, has made an scientists and engineers in public Estimated Total Annual Burden on outstanding ‘‘contribution toward the outreach and scientific literacy. Respondents: 1,242 hours, broken down welfare of mankind and the Nation.’’ 4. Contributed to the development of by 450 hours for the President’s The Vannevar Bush Award broad science and engineering policy National Medal of Science (10 hours per Committee is periodically established and its support. 45 respondents); 600 hours for the Alan by the NSB to solicit nominations from 5. Influenced and encouraged the next T. Waterman Award (10 hours per 60 selected scientific engineering generation of scientist and engineers. respondents); 72 hours for the Vannevar educational societies. Candidates must 6. Achieved broad recognition outside Bush Award (6 hours per 12 be a senior stateperson who is an the nominee’s area of specialization. respondents); and 120 hours for the American citizen and who meets two or 7. Fostered awareness of science and Public Service Award (6 hours per 20 more of the following criteria. technology among broad segments of the respondents). 1. Who has distinguished him/herself population. Frequency of Responses: Annually. through public service activities in Dated: July 1, 1999. science and technology. Nomination Procedures 2. Who has pioneered the exploration, 1. Prepare a summary of the Suzanne H. Plimpton, charting and settlement of new frontiers nominee’s activities as they relate to the Reports Clearance Officer. in science, technology, education and selection criteria. Include the [FR Doc. 99–17183 Filed 7–6–99; 8:45 am] public service. nominator’s name, address and BILLING CODE 7555±01±M
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NUCLEAR REGULATORY request: The total number of hours NUCLEAR REGULATORY COMMISSION needed annually to complete the COMMISSION reporting and recordkeeping Agency Information Collection requirements is 5,323 (223 hours for Pilot Program Evaluation Panel Activities: Submission for OMB reporting and 5,100 hours for Review; Comment Request AGENCY: U. S. Nuclear Regulatory recordkeeping). Commission. AGENCY: U. S. Nuclear Regulatory 9. An indication of whether Section ACTION: Notice of establishment of the Commission (NRC) 3507(d), Pub. L. 104–13 applies: No. Pilot Program Evaluation Panel (PPEP). ACTION: Notice of the OMB review of 10. Abstract: 10 CFR Part 74 SUMMARY: Pursuant to the Federal information collection and solicitation establishes requirements for material of public comment. Advisory Committee Act of October 6, control and accounting of special 1972 (Pub. L. 94–463, Stat. 770–776) the SUMMARY: The NRC has recently nuclear material, and specific U.S. Nuclear Regulatory Commission submitted to OMB for review the performance-based regulations for (NRC) announces the Establishment of following proposal for the collection of licensees authorized to possess and use the Pilot Program Evaluation Panel information under the provisions of the strategic special nuclear material, or to (PPEP). The Nuclear Regulatory Paperwork Reduction Act of 1995 (44 possess and use, or produce, special Commission has determined that U.S.C. Chapter 35). The NRC hereby nuclear material of low strategic establishment of the Panel is necessary informs potential respondents that an significance. The information is used by and is in the public interest in order to agency may not conduct or sponsor, and the NRC to make licensing and obtain advice and recommendations on that a person is not required to respond regulatory determinations concerning a revised regulatory oversight process to, a collection of information unless it material control and accounting of for commercial nuclear power plants. displays a currently valid OMB control special nuclear material and to satisfy This action is being taken in accordance number. obligations of the United States to the with the Federal Advisory Committee 1. Type of submission, new, revision, International Atomic Energy Agency Act after consultation with the or extension: Extension Committee Management Secretariat, 2. The title of the information (IAEA). Submission or retention of the General Services Administration. collection: information is mandatory for persons The NRC has developed a revised 10 CFR Part 74—Material Control and subject to the requirements. regulatory oversight process for Accounting of Special Nuclear A copy of the final supporting commercial nuclear power plant Material statement may be viewed free of charge NUREG 1065, Rev. 2—Acceptable licensees as described in Commission at the NRC Public Document Room, paper SECY 99–007, Standard Format and Content for the 2120 L Street, NW (lower level), Fundamental Nuclear Material ‘‘Recommendations For Reactor Washington, DC. OMB clearance Oversight Process Improvements,’’ Control (FNMC) Plan Required for requests are available at the NRC Low Enriched Uranium Facilities dated January 8, 1999, and SECY–99– worldwide web site (http:// NUREG/CR 5734—Recommendations to 007A, ‘‘Recommendations For Reactor the NRC on Acceptable Standard www.nrc.gov/NRC/PUBLIC/OMB/ Oversight Process Improvements Format and Content for the index.html). The document will be (Follow-up to SECY–99–007),’’ dated Fundamental Nuclear Material available on the NRC home page site for March 22, 1999. These Commission Control (FNMC) Plan Required for 60 days after the signature date of this papers describe the scope and contents Low-Enriched Uranium Enrichment notice. for performance indicator reporting, a Facilities Comments and questions should be new risk-informed baseline inspection NUREG 1280, Rev. 1—Standard Format directed to the OMB reviewer listed program, a new streamlined assessment and Content Acceptance Criteria for below by August 6, 1999. Comments process, and a new enforcement policy. the Material Control and Accounting received after this date will be Commission paper SECY-99–007A also (MC&A) Reform Amendment considered if it is practical to do so, but described a pilot program that would be performed at two sites per region to 3. The form number if applicable: assurance of consideration cannot be exercise these new oversight processes N/A given to comments received after this prior to full implementation. 4. How often the collection is date. required: Submission of the The PPEP will function as a fundamental nuclear material control Erik Godwin, Office of Information and management-level, cross-disciplinary plan is a one-time requirement which Regulatory Affairs (3150–0123), oversight group to independently has been completed by all current NEOB–10202, Office of Management monitor and evaluate the results of the licensees. Specified inventory and and Budget, Washington, DC 20503 pilot effort. The PPEP will meet periodically during the pilot program to material status reports are required Comments can also be submitted by review the implementation of the annually or semiannually. Other reports telephone at (202) 395–3087. are submitted as events occur. oversight processes and the results 5. Who will be required or asked to The NRC Clearance Officer is Brenda generated by the PI reporting, baseline report: Persons licensed under 10 CFR Jo. Shelton, 301–415–7233. inspection, assessment, and Parts 70 or 72 who possess and use For the Nuclear Regulatory Commission. enforcement activities. These meetings certain forms and quantities of special Dated at Rockville, Maryland, this 30th day will be publically announced in nuclear material. of June, 1999. advance, open to the public, and all 6. An estimate of the number of material reviewed placed in the public Beth St. Mary, annual responses: 14 document room. A meeting summary 7. The estimated number of annual Acting NRC Clearance Officer, Office of the will be prepared following each meeting respondents: 14 Chief Information Officer. to document the results of the meeting 8. The number of hours needed [FR Doc. 99–17194 Filed 7–6–99; 8:45 am] The PPEP will evaluate the pilot annually to complete the requirement or BILLING CODE 7590±01±P program results against established
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At the end of the reactor vessel. By letter dated June Senior Project Manager, Decommissioning the pilot program, the PPEP members 14, 1999, the licensee submitted its Section, Project Directorate IV & will provide an evaluation as to whether PSDAR to the Commission in Decommissioning Division of Licensing each of the success criteria have been accordance with the requirements of Project Manager, Office of Nuclear Reactor met. This report will include both the Title 10 of the Code of Federal Regulation. consensus view of the panel, along with Regulations, Section 50.82. [FR Doc. 99–17192 Filed 7–6–99; 8:45 am] the dissenting views of any of the panel In the PSDAR, the licensee has BILLING CODE 7590±01±P members. The staff will use the PPEP identified the planned decommissioning evaluation to determine the need for any activities and schedule for the Millstone additional process development or Unit 1 facility, provided an estimate of NUCLEAR REGULATORY improvements prior to full expected costs, and discussed the COMMISSION implementation. reasons for concluding that the [Docket Nos. STN 50±454, STN 50±455] The Panel membership will including environmental impacts associated with participants from NRC headquarters and site-specific decommissioning activities Commonwealth Edison Company; regional management, a representative are bounded by the appropriate Byron Station, Units 1 and 2; from the Nuclear Energy Institute, pilot previously issued environmental impact Environmental Assessment and plant licensee management statements. The licensee has chosen to Finding of No Significant Impact representatives, a representative from decontaminate and dismantle selected The U.S. Nuclear Regulatory the Union of Concerned Scientists (a portions of the facility and leave other Commission (the Commission) is public interest group), and a portions in a safe storage status until considering issuance of amendments to representative from the Illinois decommissioning programs are Facility Operating License Nos. NPF–37 Department of Nuclear Safety. developed for Unit 2 and Unit 3. The The establishment of the Panel is licensee stated, however, that it is and NPF–66, issued to Commonwealth effective on June 30, 1999 with the filing conceivable that upon further Edison Company (ComEd, the licensee) of its charter with the Commission and evaluation, it may be preferable to for operation of Byron Station, Units 1 with the standing committees of decontaminate and dismantle Unit 1 and 2, located in Ogle County, Illinois. Congress having legislative jurisdiction without placing portions of the facility Environmental Assessment over the NRC. in safe storage. The licensee is also Identification of the Proposed Action FOR FURTHER INFORMATION CONTACT: evaluating the feasibility of constructing Andrew L. Bates, Office of the Secretary, an independent spent fuel storage The proposed amendments would U.S. Nuclear Regulatory Commission, facility on site until the fuel can be delete license conditions which have Washington, DC 20555: telephone 301– permanently transferred offsite to a been satisfied, revise others to delete 415–1963. Department of Energy facility. parts which are no longer applicable or The PSDAR is available for public to revise references, and make editorial Dated: June 30, 1999. inspection at the Commission’s public changes. Andrew L. Bates, document room located at The Gelman The proposed action is in accordance Advisory Committee Management Officer. Building, 2120 L Street, NW., with the licensee’s application dated [FR Doc. 99–17191 Filed 7–6–99; 8:45 am] Washington, DC, and at the local public March 14, 1997. BILLING CODE 7590±01±P document room located at the Learning Resources Center, Three Rivers The Need for the Proposed Action Community-Technical College, 574 New The NRC, as part of the original NUCLEAR REGULATORY London Turnpike, Norwich, licensing process or subsequent COMMISSION Connecticut, and at the Waterford licensing actions, may impose certain Library, ATTN: Vince Juliano, 49 Rope conditions on the license. The [Docket No. 50±245] Ferry Road, Waterford, Connecticut. The conditions are listed as part of an Northeast Nuclear Energy Company, et NRC has also placed the PSDAR on the attachment to the license. In many al., Millstone Nuclear Power Station, Internet at [http://www.nrc.gov/OPA/ cases, these conditions require certain Unit 1; Notice of Receipt and reports/ms1061499.htm] (cover letter) actions by the licensee which, once Availability for Comment of Post- and [http://www.nrc.gov/OPA/reports/ completed, are no longer applicable. In Shutdown Decommissioning Activities 1061499a.htm] (attached report). order to simplify the licenses for Byron, Report The Commission will schedule a Units 1 and 2, the licensee has proposed public meeting in the vicinity of the to delete license conditions which have The U.S. Nuclear Regulatory Millstone Unit 1 facility to solicit public been satisfied, revise others to delete Commission (the Commission) is in comments on the Millstone Unit 1 parts which are no longer applicable or receipt of and is making available for PSDAR. A notice will be placed in the to revise references, and make editorial public comment, the Post-Shutdown Federal Register and in the local media changes. Decommissioning Activities Report announcing the date, time, and location (PSDAR) for the Millstone Nuclear of the public meeting. Description of the Proposed Change Power Station, Unit 1 (Millstone Unit 1), Comments regarding the Millstone The licensee proposed to modify Unit located in Waterford, Connecticut. Unit 1 PSDAR should be submitted in 1 license condition 2.C.(1), ‘‘Maximum Millstone Unit 1 has been shut down writing to Mr. Louis L. Wheeler, Senior Power Level,’’ to delete references to since November 4, 1995, and the reactor Project Manager, Mail Stop O11 D–19, Attachment 1 to the Unit 1 operating
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Attachment 1 describes Response Capability (NUREG–0737, Letter 83–28 on a schedule which is preoperational tests, startup tests and Supplement #1),’’ which states: ‘‘The consistent with that given in its letters other items that shall be completed as licensee shall complete the emergency dated November 5, 1983, February 29, specified as a condition of the license. response capabilities as required by 1984, June 1, 1984 and October 10, The licensee proposed to delete Unit Attachment 2 to this license, which is 1984.’’ 1 license condition 2.C.(3), ‘‘Post-Fuel- incorporated into this license.’’ The licensee proposed to delete Unit Loading Initial Test Program (Section Attachment 2 lists the following five 1 license condition 2.C.(12), ‘‘Formal 14, SER [Safety Evaluation Report]),’’ separate emergency response issues. Federal Emergency Management Agency which states: ‘‘Any changes to the Initial Number 1, ‘‘Detailed Control Room Finding,’’ which states: ‘‘In the event Test Program described in Section 14 of Design Review (DCRDR),’’ which states: that the NRC finds that the lack of the FSAR [Final Safety Analysis Report] ‘‘The license shall submit the final progress in completion of the made in accordance with the provisions summary report for the DCRDR by procedures in the Federal Emergency of 10 CFR 50.59 shall be reported in December 1, 1986.’’ Management Agency’s final rule, 44 accordance with 50.59(b) within one Number 2, ‘‘Regulatory Guide 1.97, CFR Part 350, is an indication that a month of such change.’’ Revision 2 Compliance,’’ which states: major substantive problem exists in The licensee proposed to delete Unit ‘‘The licensee shall submit by March 1, achieving or maintaining an adequate 1 license condition 2.C.(4), ‘‘Seismic 1987, a preliminary report describing state of emergency preparedness, the and Dynamic Qualification (Section how the requirements of Regulatory provisions of 10 CFR Sections 3.10, SSER [Supplemental Safety Guide 1.97, Revision 2 have been or will 50.54(s)(2) will apply.’’ Evaluation Report] #5)*,’’ which states: be met. The licensee shall submit by The licensee proposed to delete Unit ‘‘Prior to startup following the first September 1, 1987, the final report and 1 license condition 2.C.(13), ‘‘Control refueling outage, the licensee shall a schedule for implementation Room Ventilation System (Section 6.5.1, completely qualify the Westinghouse (assuming the NRC approves the DCRDR SSER #5, SSER #6)*,’’ which states: 7300 Process Protection System (ESE– by March 1, 1987).’’ ‘‘Prior to July 1, 1985, the licensee shall 13), for both Nuclear Steam Supply Number 3, ‘‘Upgrade Emergency incorporate modifications, as necessary, System and Balance of Plant Operating Procedures (EOPs),’’ which to ensure that the control room applications, including any hardware states: ‘‘The licensee shall submit a ventilation system may be used during changes, if found necessary.’’ The Procedures Generation Package within 3 an accident to protect operators within licensee also proposed to delete a months of NRC approval of the criteria specified in 10 CFR 50, related item from license condition 2.D. Westinghouse Owners Group (WOG) Appendix A, General Design Criteria License condition 2.D. lists exemptions Emergency Procedure Guidelines (EPG) 19.’’ from 10 CFR Part 50 that were granted Revision 1. The licensee shall The licensee proposed to delete Unit with the initial licensing. License implement the upgraded EOPs based on 1 license condition 2.C.(14), ‘‘Turbine condition 2.D.(b) identifies an WOG EOPs Revision 1 within 12 Missiles (Section 3.5.1.3, SSER #5),’’ exemption to General Design Criterion- months of NRC approval of WOG EPG which states: ‘‘The licensee shall 2 (GDC–2) of Appendix A, which was Revision 1.’’ volumetrically inspect all three low granted to allow operation with license Number 4, ‘‘Emergency Response pressure turbine rotors by mevery third condition 2.C.(4). Facilities,’’ which states: ‘‘The licensee refueling outage, until a turbine system The licensee proposed to delete Unit shall implement the Emergency maintenance program based on the 1 license condition 2.C.(5), ‘‘Equipment Response Facility meteorological A- manufacturer’s calculations of missile Qualification (Section 3.11, SSER #5, model by January 1, 1986.’’ generation probabilities is approved by SSER #6),’’ which states: ‘‘All electrical Number 5, ‘‘Safety Parameter Display the staff.’’ equipment within the scope of 10 CFR System (SPDS),’’ which states: ‘‘The The licensee proposed to delete Unit 50.49 must be environmentally qualified licensee shall have SPDS operational by 1 license condition 2.C.(15), ‘‘Operating by November 30, 1985.’’ March 30, 1985.’’ Staff Experience Requirements (Section The licensee proposed to delete Unit The licensee proposed to delete Unit 13.1.2.1, SSER #5),’’ which states: ‘‘The 1 license condition 2.C.(7), ‘‘Control 1 license condition 2.C.(10), ‘‘Reliability licensee shall have a licensed senior Room Human Factors (Section 18.2, of Diesel-Generators (Section 9.5.4.1, operator on each shift who has had at SSER #4),’’ which states: ‘‘Unless the SER, SSER #5)*,’’ which states: ‘‘Prior to least six months of hot operating staff determines that the test results do startup following the first refueling experience on a similar type plant, not support the change, the licensee outage, the controls and monitoring including at least six weeks at power shall, prior to startup following the first instrumentation on the local control levels greater than 20 percent of full refueling outage, move the range and panels shall be dynamically qualified power, and who has had start-up and volume controls for the SOURCE for their location or shall be installed on shutdown experience, except as follows. RANGE nuclear instrument on Unit 1 a free standing floor mounted panel in For those shifts where such an from the nuclear instrumentation such a manner (including the use of individual is not available on the plant cabinet 1PM07J to the main control vibration isolation mounts as necessary) staff, an advisor shall be provided who board 1PM05J.’’ that there is reasonable assurance that has had at least four years of power The licensee proposed to delete Unit any induced vibrations will not result in plant experience, including two years of 1 license condition 2.C.(8), ‘‘TMI Item cyclic fatigue for the expected life of the nuclear plant experience, and who has 11.F.1,Iodine/Particulate Sampling instrument.’’ had at least one year of experience on (Section 11.5, SSER #5),’’ which states: The licensee proposed to delete Unit shift as a licensed senior operator at a ‘‘Prior to startup following the first 1 license condition 2.C.(11), ‘‘Generic similar type facility. Use of advisors refueling outage, the licensee shall Letter 83–28 (Required Actions Based who were licensed only at the RO demonstrate that the operating idoline/ on Generic Implications of Salem ATWS [reactor operator] level will be evaluated particulate sampling system will [anticipated transient without scram] on a case-by-case basis. Advisors shall perform its intended function.’’ Events),’’ which states: ‘‘The licensee be trained on plant procedures, The licensee proposed to delete Unit shall submit responses to and technical specifications and plant 1 license condition 2.C.(9), ‘‘Emergency implement the requirements of Generic systems, and shall be examined on these
VerDate 18-JUN-99 11:38 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\A07JY3.081 pfrm03 PsN: 07JYN1 36724 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Notices topics at a level sufficient to assure Environmental Impacts of the Proposed prepare an environmental impact familiarity with the plant. For each Action statement for the proposed action. shift, the remainder of the shift crew The Commission has completed its For further details with respect to the shall be trained as to the role of the environmental evaluation of the proposed action, see the licensee’s letter advisors. These advisors shall be proposed action and concludes that the dated March 14, 1997, which is retained until the experience levels proposed amendment would not available for public inspection at the identified in the first sentence above increase the probability or consequences Commission’s Public Document Room, have been achieved. The NRC shall be of accidents previously analyzed and The Gelman Building, 2120 L Street, notified at least 30 days prior to the date would not affect facility radiation levels NW., Washington, DC, and at the local that the licensee proposes to release the or facility radiological effluents. public document room located at the advisors from further service.’’ The proposed action will not increase Byron Public Library District, 109 N. The licensee proposed to revise Unit the probability or consequences of Franklin, P.O. Box 434, Byron, Illinois 1 license condition 2.D. to delete the list accidents, no changes are being made in 61010. of exemptions from 10 CFR Part 50 and the types of any effluents that may be Dated at Rockville, Maryland, this 29th day replace it with a statement that no released off site, and there is no of June 1999. exemptions from 10 CFR Part 50 are significant increase in occupational or For the Nuclear Regulatory Commission. required. public radiation exposure. Therefore, Anthony J. Mendiola, The licensee proposed to modify Unit there are no significant radiological Chief, Section 2, Project Directorate III, 2 license condition 2.C.(1), ‘‘Maximum environmental impacts associated with Division of Licensing Project Management, Power Level,’’ to delete references to the proposed action. Office of Nuclear Reactor Regulation. Attachment 1 to the Unit 1 operating With regard to potential non- [FR Doc. 99–17193 Filed 7–6–99; 8:45 am] radiological impacts, the proposed license. Attachment 1 describes BILLING CODE 7590±01±P preoperational tests, ventilation tests action does not involve any historic and fire barrier sealing that shall be sites. It does not affect non-radiological completed as specified as a condition of plant effluents and has no other NUCLEAR REGULATORY the license. Attachment 1, Item A., environmental impact. Therefore, there COMMISSION required that preoperational tests and are no significant non-radiological test deficiencies documented in licensee environmental impacts associated with Consolidated Guidance about letters dated November 3, 1986, and the proposed action. Materials Licenses: Program-Specific January 14, 1987, be completed in Accordingly, the Commission Guidance about Licenses of Broad accordance with the licensee’s schedule concludes that there are no significant Scope, dated April 1999 commitments. environmental impacts associated with the proposed action. AGENCY: U.S. Nuclear Regulatory The licensee proposed to revise Unit Commission. Alternatives to the Proposed Action 2 license condition 2.C.(2), ‘‘Technical ACTION: Notice of availability. Specifications and Environmental As an alternative to the proposed Protection Plan,’’ to delete references to action, the staff considered denial of the SUMMARY: The U.S. Nuclear Regulatory Attachment 2. proposed action (i.e., the ‘‘no-action’’ Commission (NRC) is announcing the The licensee proposed to delete Unit alternative). Denial of the application availability of NUREG–1556, Volume 2 license condition 2.C.(3), ‘‘Initial Test would result in no change in current 11, ‘‘Consolidated Guidance about Program,’’ which states: ‘‘Any changes environmental impacts. The Materials Licenses: Program-Specific to the Initial Startup Test Program environmental impacts of the proposed Guidance about Licenses of Broad described in Chapter 14 of the FSAR action and the alternative action are Scope,’’ dated April 1999. made in accordance with the provisions similar. ADDRESSES: Copies of NUREG–1556, of 10 CFR 50.59 shall be reported in Vol. 11, may be obtained by writing to Alternative Use of Resources accordance with 50.59(b) within one the Superintendent of Documents, U.S. month of such change.’’ This action does not involve the use Government Printing Office, P.O. Box The licensee proposed to delete Unit of any resources not previously 37082, Washington, DC 20402–9328. 2 license condition 2.C.(4), ‘‘Regulatory considered in the Final Environmental Copies are also available from the Guide 1.97, Revision 2 Compliance,’’ Statement for Byron Station, Units 1 and National Technical Information Service, which states: ‘‘The licensee shall submit 2. 5285 Port Royal Road, Springfield, by March 1, 1987, a preliminary report Agencies and Persons Consulted Virginia 22161. A copy of the document describing how the requirements of is also available for inspection and/or In accordance with its stated policy, Regulatory Guide 1.97, Revision 2 have copying for a fee in the NRC Public on May 28, 1999, the staff consulted been or will be met. The licensee shall Document Room, 2120 L Street, NW. with the Illinois State official, Mr. Frank submit by September 1, 1987, the final (Lower Level), Washington, DC 20555– Niziolek, of the Illinois Department of report and a schedule for 0001. Nuclear Safety, regarding the implementation (assuming the NRC environmental impact of the proposed FOR FURTHER INFORMATION, CONTACT: Ms. approves the DCRDR by March 1, action. The State official had no Sally L. Merchant, Mail Stop TWFN 9– 1987).’’ comments. F–31, Division of Industrial and Medical The licensee proposed to revise Unit Nuclear Safety, Office of Nuclear 2 license condition 2.D. to delete the list Finding of No Significant Impact Material Safety and Safeguards, U.S. of exemptions from 10 CFR Part 50 and On the basis of the environmental Nuclear Regulatory Commission, replace it with a statement that no assessment, the Commission concludes Washington, DC 20555, telephone: (301) exemptions from 10 CFR Part 50 are that the proposed action will not have 415–7874, e-mail: [email protected]. required. a significant effect on the quality of the SUPPLEMENTARY INFORMATION: On The licensee also proposed certain human environment. Accordingly, the September 16, 1998 (63 FR 49615), NRC editorial changes. Commission has determined not to announced the availability of draft
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NUREG–1556, Volume 11, POSTAL RATE COMMISSION solicit comments on the proposed rule ‘‘Consolidated Guidance about Materials change from interested persons. Licenses: Program-Specific Guidance Postal Facility Visit I. Self-Regulatory Organization’s about Licenses of Broad Scope,’’ and AGENCY: Postal Rate Commission. Statement of the Terms of Substance of requested comments on it. This draft the Proposed Rule Change NUREG report was the eleventh ACTION: Notice of Commission visit. program-specific guidance developed to The CBOE proposes to amend Rule SUMMARY: Postal Rate Commission staff 2.30 relating to fees for delayed support an improved materials licensing will tour the main postal facility in San process. The NRC staff considered all submission of trade information. The Diego, CA to observe mail processing text of the proposed rule change is the comments, including constructive and related operations. suggestions to improve the document, in available at the Office of the Secretary, DATES: The tour is scheduled for the preparation of the final NUREG CBOE and at the Commission. Tuesday, July 6, 1999. report. II. Self-Regulatory Organization’s FOR FURTHER INFORMATION CONTACT: Statement of the Purpose of, and The final version of NUREG–1556, Stephen L. Sharfman, General Counsel, Volume 11, is now available for use by Statutory Basis for, the Proposed Rule Postal Rate Commission, Suite 300, Change applicants, licensees, NRC license 1333 H Street NW., Washington, DC reviewers, and other NRC staff. It 20268–0001, 202–789–6820. In its filing with the Commission, the supersedes the guidance for applicants CBOE included statements concerning and licensees previously found in Draft Dated: June 30, 1999. the purpose of and basis for the Regulatory Guide DG–0005 dated Margaret P. Crenshaw, proposed rule change and discussed any October 1994. Included in this guidance Secretary. comments it received on the proposed is a new option for Type A licensees of [FR Doc. 99–17114 Filed 7–6–99; 8:45 am] rule change. The text of these statements broad scope to have increased flexibility BILLING CODE 7710±FW±M may be examined at the places specified to make changes in some program areas in Item IV below. The CBOE has and revise some procedures previously prepared summaries, set forth in Section A, B, and C below, of the most approved by NRC without amendment SECURITIES AND EXCHANGE significant aspects of such statements. of the license. This option is discussed COMMISSION in detail in Chapter 1 of this document. A. Self-Regulatory Organization’s Draft NUREG–1556, Volume 11, is not [Release No. 34±41573; File No. SR±CBOE± Statement of the Purpose of, and intended to be used alone. Because 99±23] Statutory Basis for, the Proposed Rule broad-scope licensees may be involved Change in many different program areas (e.g., Self-Regulatory Organizations; Filing medicine, research and development, and Immediate Effectiveness of 1. Purpose manufacturing and distribution, etc.), Proposed Rule Change by the Chicago The purpose of the proposed rule this document frequently refers the user Board Options Exchange, Inc. Relating change is to amend CBOE Rule 2.30 to to other more program-specific guidance to Fees for Delayed Submission of provide that the appropriate Clearing documents in the NUREG–1556 series. Trade Information Procedure Committee (‘‘Committee’’) may determine, with due notice, the Electronic Access June 28, 1999. date when certain time reductions will Pursuant to Section 19(b)(1) of the NUREG–1556, Volume 11, will also go into effect for delayed submission of Securities Exchange Act of 1934 trade match information. Under the be available electronically (‘‘Act’’),1 notice is hereby given that on approximately 1 month after publication current rule, approved by the June 8, 1999, the Chicago Board Options Commission in November 1998,4 trade of this notice by visiting NRC’s Home Exchange, Inc. (‘‘CBOE’’ or ‘‘Exchange’’) Page (http://www.nrc.gov) and choosing match submission time is reduced in filed with the Securities and Exchange three phases from two (2) hours down ‘‘Nuclear Materials,’’ and then Commission (‘‘Commission’’) the ‘‘NUREG–1556, Volume 11.’’ to one (1) hour over a period of six proposed rule change as described in months. The rule states that the first Small Business Regulatory Enforcement Items, I, II, and III below, which Items time reduction will go into effect on Fairness Act have been prepared by the CBOE. The January 1, 1999, and will require timely Exchange has designated the proposed trade submission to be within ninety In accordance with the Small rule change as one satisfying the (90) minutes of execution. The next Business Regulatory Enforcement Act of requirements of paragraph (f)(6) of Rule reduction was scheduled to go into 1996, NRC has determined that this 2 19b–4 under the Act, which renders effect on April 1, 1999, and would action is not a major rule and has the proposal effective upon receipt of require timely trade submission to be verified this determination with the 3 this filing by the Commission. The within seventy five (75) minutes of Office of Information and Regulatory Commission is publishing this notice to execution. Finally, from July 1, 1999, Affairs of the Office of Management and forward, the Exchange would have Budget. 1 15 U.S.C. 78s(b)(1). required that timely trade submission be Dated at Rockville, Maryland, this 29th day 2 17 CFR 240.19b–4(f)(6). 3 within one (1) hour of execution. of June, 1999. Pursuant to Rule 19b–4(f)(6), the Exchange has represented that the proposed rule change: (i) will Due to a discrete system problem For the Nuclear Regulatory Commission. not significantly affect the protection of investors or affecting the trade match system since Patricia K. Holahan, the public interest; (ii) will not impose any the inception of this Rule, the Exchange significant burden on competition; and (iii) will not has applied an exception under CBOE Acting Chief, Rulemaking and Guidance become operative for 30 days after the date of this Branch, Division of Industrial and Medical filing, unless otherwise accelerated by the Rule 2.30(f)(1)(C)(ii), Extenuating Nuclear Safety, NMSS. Commission. The Exchange also has provided at least five business days notice to the Commission 4 See Securities Exchange Act Release No. 40729 [FR Doc. 99–17195 Filed 7–6–99; 8:45 am] of its intent to file this proposed rule change, as (November 30, 1998), 63 FR 67956 (December 9, BILLING CODE 7590±01±P required by Rule 19b–4(f)(6) under the Act. Id. 1998).
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Circumstances, which excepts members B. Self-Regulatory Organization’s those that may be withheld from the from incurring a fee for delayed trade Statement on Burden on Competition public in accordance with the submission. The Exchange notified its The Exchange does not believe that provisions of 5 U.S.C. 552, will be membership of this exception in January the proposed rule change will impose available for inspection and copying at 1999. Since that time, the Exchange has any inappropriate burden on the Commission’s Public Reference waived any fees that members would competition. Room. Copies of such filing also will be have incurred for delayed submission of available for inspection and copying at trade information. Also, since January, C. Self-Regulatory Organization’s the principal office of the CBOE. All the Exchange continued to believe that Statement on Comments on the submission should refer to File No. SR– these systems problems would be Proposed Rule Change Received from CBOE–99–23 and should be submitted corrected imminently and the fee would Members, Participants, or Others by July 28, 1999. be reinstated on the time schedule as The Exchange has neither solicited For the Commission, by the Division of stated in the Rule. nor received written comments on the Market Regulation, pursuant to delegated The Exchange now believes that this proposed rule change. 10 systems problem is corrected, and authority. would like to begin charging the fee to III. Date of Effectiveness of the Margaret H. McFarland, members. The Exchange feels strongly, Proposed Rule Change and Timing for Deputy Secretary. however, that members should not be Commission Action [FR Doc. 99–17153 Filed 7–6–99; 8:45 am] held to the 75 minute time allotment This proposed rule filing has been BILLING CODE 8010±01±M which is to be in effect under the Rule filed by the Exchange pursuant to because the 90 minutes time allotment Section 19(b)(3)(A)(iii) of the Act8 and for delayed trade submission was never subparagraph (f)(6) of Rule 19b-4 SECURITIES AND EXCHANGE in effect. The Exchange would like to go thereunder.9 Consequently, because the COMMISSION back to the original time schedule of foregoing proposed rule change: (1) does phasing in the reduction, but without not significantly affect the protection of [Release No. 34±41569; File No. SR±CHX± the dates stated in the Rule. The investors or the public interest; (2) does 99±05] Exchange proposes to allow the not impose any significant burden on appropriate Committee, with competition; and (3) does not become Self-Regulatory Organizations; Notice appropriate notice to the membership, operative until July 8, 1999, 30 days of Filing and Immediate Effectiveness to determine when the reductions go from June 8, 1999, the date on which it of Proposed Rule Change by the into effect. The Exchange proposes that was filed, and the Exchange provided Chicago Stock Exchange, Inc., the Committee give the membership 30 the Commission with written notice of Relating to a Specialist Assignment days notice to phase in the three its intent to file the proposed rule Fee for Nasdaq/National Market reductions, and that the Committee change at least five days prior to the Securities mandate each reduction to be not less filing date, it has become effective than three months in duration. The first pursuant to Section 19(b)(3)(A) of the June 28, 1999. reduction will go into effect as soon as Act and Rule 19b-4(f)(6) thereunder. Purusant to Section 19(b)(1) of the At any time within 60 days of the possible after this rule filing is Securities Exchange Act of 1934 operative, and notice will be given in filing of the proposed rule change, the (‘‘Act’’),1 and Rule 19b–4 thereunder,2 the form of a regulatory circular that Commission may summarily abrogate notice is hereby given that on June 11, will go out to the membership with 30 such rule change if it appears to the 1999, the Chicago Stock Exchange, Inc. days notice. In the meantime, the Commission that such action is (‘‘CHX’’ or ‘‘the Exchange’’) filed with Exchange does not intend to hold the necessary or appropriate in the public the Securities and Exchange membership to the standards of the Rule interest, for the protection of investors, Commission (‘‘Commission’’) the pending effectiveness of this proposed or otherwise in furtherance of the proposed rule change as described in change. CBOE states this proposed purposes of the Act. Items I, II, and III below, which Items change will give the Committee the have been prepared by the Exchange. flexibility to best manage the time IV. Solicitation of Comments reductions and delayed implementation Interested person are invited to The Commission is publishing this of the next phase if unforeseen submit written data, views, and notice to solicit comments on the circumstances occur. arguments concerning the foregoing, proposed rule change from interested including whether the proposed rule persons. 2. Statutory Basis change is consistent with the Act. I. Self-Regulatory Organization’s The Exchange finds that the proposed Persons making written submissions Statement of the Terms of Substance of rule change is consistent with Section should file six copies thereof with the the Proposed Rule Change 6(b) 5 of the Act in general and further Secretary, Securities and Exchange the objectives of Section 6(b)(5) 6 in Commission, 450 Fifth Street, N.W., The Exchange proposes to amend its particular in that it will promote just Washington, D.C. 20549–0609. Copies of membership dues and fees schedule to and equitable principles of trade, the submission, all subsequent provide for an increase, from $500 to protect investors and the public interest, amendments, all written statements $2000, of the Specialist Assignment Fee and remove impediments to and perfect with respect to the proposed rule charged upon approval of an Exchange the mechanisms of a free and open change that are filed with the specialist’s application to serve as the market.7 Commission, and all written CHX specialist for a Nasdaq/National communications relating to the Market (‘‘Nasdaq/NM’’) issue. The text 5 15 U.S.C. 78f(b). proposed rule change between the of the proposed change is as follows. 6 15 U.S.C. 78f(b)(5). Commission and any person, other than 7 In reviewing this proposal, the Commission has 10 considered the proposed rules’ impact on 17 CFR 200.30–3(a)(12). efficiency, competition, and capital formation. 15 8 15 U.S.C. 78s(b)(3)(A)(iii). 1 15 U.S.C. 78s(b)(1). U.S.C. 78c(f). 9 17 CFR 240.19b-4(f)(6). 2 17 CFR 240.19b–4.
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Additions are in italics; deletions are in Specialist Assignment Fee for Nasdaq/ the proposed rule change were brackets. NM issues constitutes the best means of articulated at such meeting. * * * * * ensuring that the OTC/UTP product line generates revenue sufficient to support III. Date of Effectiveness of the MEMBERSHIP DUES AND FEES further anticipated growth, without Proposed Rule Change and Timing for * * * * * placing the financial burden of such Commission Action growth on the Exchange or those (b) Registration Fee. The foregoing rule change, which Exchange members that are not part of Specialist Assignment: There shall establishes or changes a due, fee, or the OTC/UTP Program. The Exchange other charge applicable to members of also be an assignment fee of $500 [per believes that the relatively modest the Exchange, has become effective issue] for each Dual Trading System proposed increase is reasonable given pursuant to Section 19(b)(3)(A) 6 of the issue and a $2,000 assignment fee for the financial opportunities generated by each NASDAQ/NM issue upon the Act and subparagraph (f)(2) of Rule 19b- serving as a CHX specialist in Nasdaq/ 7 approval by the Committee on Specialist NM issues. 4 thereunder. At any time within 60 days of the filing of the rule change, the Assignment and Evaluation of an The CHX Rules expressly authorize Commission may summarily abrogate application of a member or member the Exchange to ‘‘* * * fix and impose such rule change if it appears to the organization to act as specialist in an other charges or fees to be paid to the issue [security]. However, for Dual Exchange by members and member Commission that such action is Trading System issues, this fee shall be organizations * * * for the use of necessary or appropriate in the public applicable in competitive assignments equipment or facilities. * * *’’ 4 interest, for the protection of investors, only. Proceeding under this authority, the or otherwise in furtherance of the * * * * * Exchange’s Executive Committee, purposes of the Act. II. Self-Regulatory Organization’s meeting on May 26, 1999, determined IV. Solicitation of Comments Statement of the Purpose of, and that increasing the Specialist Statutory Basis for, the Proposed Rule Assignment Fee to $2,000 per Nasdaq/ Interested persons are invited to Change NM issue constituted a reasonable submit written data, views, and increase and an appropriate means of arguments concerning the foregoing, In its filing with the Commission, ensuring that specialist continuity is including whether the proposed rule CHX included statements concerning retained. The Exchange represents that change is consistent with the Act. the purpose of, and basis for, the all specialist firms involved in the OTC/ Persons making written submissions proposed rule change and discussed UTP Program were represented at the should file six copies thereof with the comments it received on the proposed May 28, 1999, meeting of the Exchange’s Secretary, Securities and Exchange rule change. The text of these statements OTC Committee discussing the may be examined at the places specified Commission, 450 Fifth Street, NW, proposed increase, and no objection was Washington DC 20549–0609. Copies of in Item IV below. The Exchange has raised. prepared summaries, set forth in the submission, all subsequent Sections A, B, and C below, of the most 2. Statutory Basis amendments, all written statements significant aspects of such statements. with respect to the proposed rule The Exchange believes that this change that are filed with the A. Self-Regulatory Organization’s proposed rule change is consistent with Commission, and all written Statement of the Purpose of, and and furthers the objections of Section communications relating to the 5 Statutory Basis for, the Proposed Rule 6(b)(4) of the Act in that it provides for proposed rule change between the the equitable allocation of reasonable Change Commission and any person, other than dues, fees, and other change among its those that may be withheld from the 1. Purpose members. The purpose of the proposed rule public in accordance with the change is to partially defray the B. Self-Regulatory Organization’s provisions of 5 U.S.C. 552, will be incremental costs of the Exchange’s Statement on Burden on Competition available for inspection and copying in program whereby CHX specialists trade CHX does not believe that the the Commission’s Public Reference Nasdaq/NM issues (the ‘‘OTC/UTP proposed rule change will impose a Room. Copies of such filing will also be Program’’). At present, the only costs burden on competition. available for inspection and copying at recovered by the Exchange in the principal office of the CHX. All connection with the OTC/UTP Program C. Self-Regulatory Organization’s submissions should refer to File No. are certain technology costs, including Statement on Comments on the SR–CHX–99–05, and should be the costs associated with procuring Proposed Rule Change Received from submitted by July 28, 1999. Members, Participants, or Others hardware and software dedicated For the Commission, by the Division of 3 exclusively to the OTC/UTP Program. No written comments were solicited Market Regulation, pursuant to delegated Given the rapid expansion of the or received. As set forth above, however, authority.8 Exchange’s OTC/UTP Program, and the the Exchange did present the proposed Margaret H. McFarland, corresponding demands on the rule change at a meeting of the Deputy Secretary. Exchange’s financial and other Exchange’s OTC Committee, which [FR Doc. 99–17154 Filed 7–6–99; 8:45 am] resources to support such growth, the includes representatives of all specialist Executive Committee of the Exchange firms that participate in the OTC/UTP BILLING CODE 8010±01±M has determined that an increase in the Program. The OTC Committee meeting also is open to any Exchange member 6 15 U.S.C. 78s(b)(3)(A). 3 The Commission notes a related recent rule that wishes to attend. No objections to 7 17 CFR 240.19B-4(f)(2). In reviewing this change filed by CHX in this regard, charging OTC/ proposal, the Commission has considered the UTP specialists for new technology and dedicated proposed rule’s impact on efficiency, competition, equipment. See Securities Exchange Act Release 4 Art. XIV, Rule 7(a). and capital formation. 15 U.S.C. 78c(f). No. 41526 (June 15, 1999). 5 15 U.S.C. 78f(b)(4). 8 17 CFR 200.30–3(a)(12).
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SECURITIES AND EXCHANGE responsible for supervising the (d) Form U–5 Filing Requirements COMMISSION electronic filing of appropriate forms Initial filings and amendments of pursuant to this Rule. Form U–5 [will] shall be [done] [Release No. 34±41575; File No. SR±NASD± (2) The Registered Principal(s) or submitted electronically. As part of the 99±28] corporate officer(s) who has or have the [member firm’s] member’s Self-Regulatory Organizations; Filing responsibility to review and approve the recordkeeping requirements, it [must] and Order Granting Accelerated forms filed pursuant to this Rule [will] shall make [them] such records Approval of Proposed Rule Change by shall be required to acknowledge, available upon regulatory request. the National Association of Securities electronically, that he is filing this (e) Third Party Filing Dealers, Inc. Relating to Amendments information on behalf of the [firm] A member may employ a third party to Rule 1140 member and the [member firm’s] to file the required forms electronically member’s associated persons. on its behalf[, if the member and the June 29, 1999. (c) Form U–4 Filing Requirements third party have executed the Pursuant to Section 19(b)(1) of the (1) Initial and transfer electronic Association’s Broker-Dealer Agent- Securities Exchange Act of 1934 application filings [will] shall be based Filing Addendum to CRD Subscriber (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 on a signed Form U–4 provided to the Agreement]. notice is hereby given that on June 2, [firm] member by the applicant. As part * * * * * 1999, the National Association of of the [member firm’s] member’s Rule 3010. Supervision recordkeeping requirements, it [must] Securities Dealers, Inc. (‘‘NASD’’ or * * * * * ‘‘Association’’), through its wholly shall retain the applicant’s signed Form U–4 and make it available upon (e) Qualifications Investigated owned subsidiary NASD Regulation, Each member shall have the Inc. (‘‘NASD Regulation’’ or ‘‘NASDR’’), regulatory request. (2) [Amendments to the disclosure responsibility and duty to ascertain by filed with the Securities and Exchange investigation the good character, Commission (‘‘SEC’’ or ‘‘Commission’’) information in Item 22 can be filed electronically without obtaining the business repute, qualifications, and the proposed rule change as described experience of any person prior to in Items I and II below, which Items associated person’s signature on Form U–4. The member will be required to making such a certification in the have been prepared by NASDR. The application of such person for Commission is publishing this notice to provide the associated persons with a copy of the amended disclosure registration with this Association. solicit comments on the proposed rule Where an applicant for registration has change from interested persons. For the information that was filed. In providing this material to the associated person, previously been registered with the reasons discussed below, the the firm must obtain the written Association, the member shall obtain Commission is granting accelerated acknowledgement [sic] that the from the [Firm Access Query System approval of the proposed rule change. information has been received and (FAQS)] Central Registration Depository I. Self-Regulatory Organization’s reviewed. The member must maintain or from the applicant a copy of the Statement of the Terms of Substance of this acknowledgement in its books and Uniform Termination Notice of the Proposed Rule Change records and must make it available upon Securities Industry Registration (Form regulatory request.] U–5) filed with the Association by such NASDR proposes to amend and person’s most recent previous NASD implement Rule 1140 to require Fingerprint Cards Upon filing an electronic Form U–4 member employer, together with any electronic filing of Form U–4, the on behalf of an applicant for amendments thereto that may have been Uniform Application for Securities registration, a member shall promptly filed pursuant to Article IV, Section 3 of Industry Registration or Transfer, and submit a fingerprint card for the the Association’s By-Laws. The member the Form U–5, the Uniform Termination applicant. NASD Regulation may make shall obtain the Form U–5 as required Notice for Securities Industry a registration effective pending receipt by this Rule no later than sixty (60) days Termination (collectively ‘‘Forms’’) and of the fingerprint card. If a member fails following the filing of the application to make other conforming changes. to submit a fingerprint card within 30 for registration or demonstrate to the Additions are italicized; deletions are days after NASD Regulation receives the Association that it has made reasonable bracketed. electronic Form U–4, the person’s efforts to comply with the requirement. 1140. Electronic Filing Rules registration shall be deemed inactive. In A member receiving a Form U–5 (a) Filing Requirement. such case, NASD Regulation shall notify pursuant to this Rule shall review the All forms required to filed by Article the member that the person must Form U–5 and any amendments thereto IV, Sections 1, 7, and 8, and Article V, immediately cease all activities and shall take such action as may be Section 2 and 3, of the NASD By-Laws requiring registration and is prohibited deemed appropriate. shall be filed through an electronic from performing any duties and * * * * * process or such other process the functioning in any capacity requiring registration. NASD Regulation shall II. Self-Regulatory Organization’s Association may prescribe to the Central Statement of the Purpose of, and Registration Depository. administratively terminate a registration that is inactive for a period of two years. Statutory Basis for, the Proposed Rule (b) Supervisory Requirements Change (1) In order to comply with the A person whose registration is supervisory procedures requirement in administratively terminated may In its filing with the Commission, Rule 3010 [of the Conduct Rules], each reactivate the registration only by NASDR included statements concerning member [must] shall identify a reapplying for registration and meeting the purpose of, and basis for, the Registered Principal(s) or corporate the qualification requirements of the proposed rule change and discussed any officer(s) who has a position of authority applicable provisions of the Rule 1020 comments it received on the proposed over registration functions, to be Services and the Rule 1030 Series. Upon rule change. The text of these statements application and a showing of good may be examined at the places specified 1 15 U.S.C. 78s(b)(1). cause, the Association may extend the in Item III below. NASDR has prepared 2 17 CFR 240.19b–4. 30-day period. summaries, set forth in Sections A, B,
VerDate 18-JUN-99 16:00 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\07JYN1.XXX pfrm08 PsN: 07JYN1 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Notices 36729 and C below, of the most significant registered person and obtained and filings, but the member will remain aspects of such statements. maintained a record of an ultimately responsible for the timeliness acknowledgment by the registered and content of the filings. NASDR is A. Self-Regulatory Organization’s person. NASDR has not provided for working with service bureaus to make Statement of the Purpose of, and such a practice in the initial release of sure they are prepared to provide this Statutory Basis for, the Proposed Rule the Web CRD system in August 1999. service to members. Other grammatical Change NASD may consider providing for such changes have been made to the Rule. 1. Purpose a practice in the future.7 In 1996, the NASD Board had Second, a new paragraph (c)(2) would intended to provide a one-year On July 15, 1996, the Commission 3 be added to the Rule to address the transition during which the NASD approved NASD Rule 1140. The continued submission of paper would continue to process paper filings purpose of this rule was to require fingerprint cards in the Web CRD for firms with 50 or fewer registered members to file Form U–4 and U–5 electronic filing environment. This representatives. The NASDR Board has electronically on a redesigned Central amendment is necessary because it is reconsidered this issue and determined Registration Depository (‘‘CRD’’) system not feasible at this time to implement that a transition period is not necessary. then under development. That system electronic filing of fingerprint cards. In Web CRD, unlike the earlier system, used network-based architecture and Web CRD, firms will: (1) include a does not require a firm to purchase any proprietary software developed by the barcode number from the fingerprint special hardware or software; members NASD. In 1997, NASDR determined to card in an electronic Form U–4 filing; will have low-cost access to the system proceed with a new approach to the and (2) undertake to submit the through NASDR’s Web site.11 NASDR CRD system that will permit members to fingerprint card by mail or delivery also has been working closely with end- submit CRD filings electronically via service.8 The amended rule would users (i.e., broker-dealers, states, self- NASDR’s World Wide Web site (‘‘Web authorize NASDR to make a registration regulatory organizations, and the CRD’’),4 rather than using network- effective pending receipt of the Commission) to prepare them for Web based architecture and proprietary fingerprint card. The rule also would be CRD. To familiarize end-users with the software to submit such filings.5 As a amended to authorize NASDR to place system and how it will operate, NASDR result, Rule 1140 has never been a person in an inactive status if NASDR has conducted several successful pilot implemented. does not receive the fingerprint card programs during 1998 and early 1999 in The purpose of the proposed rule within 30 days of the filing of a Form preparation for the deployment of Web change is to amend Rule 1140 to make U–4. This will enable NASDR to address CRD in August 1999. In addition, it consistent with the newly developed those instances in which fingerprint NASDR has conducted conferences Web CRD and to implement the Rule on cards (which are required by NASD and nationwide to provide end-users with the planned date of deployment of Web SEC rules 9) are not submitted in a an opportunity to familiarize themselves CRD, which is August 16, 1999.6 First, timely fashion.10 with Web CRD.12 NASDR also is current paragraph (c)(2) is deleted. As Paragraph (e) of Rule 1140 also is providing current CRD users with approved in 1996, this provision would amended. This paragraph permits periodic updates discussing the features have permitted a firm to amend members to use a service bureau for and functionality of Web CRD through disclosure information in Item 22 of the filing the Forms if the member and the the CRD/PD Bulletin and Web CRD Form U–4 without obtaining the service bureau have executed a Filing Update, publications that are available registered person’s signature if the firm Addendum to the CRD Subscriber in hard copy and on NASDR’s Web site. provided a copy of the filing to the Agreement. The reference to the Also, beginning in February 1999, Agreement is deleted because such NASDR began providing current CRD 3 Securities Exchange Act Release No. 37439 (July agreements, which were necessary to users with Web CRD user accounts and 15, 1996), 61 FR 37950 (July 22, 1996). protect the NASD’s proprietary passwords. End-users will have an 4 The address for NASDR’s website is http:// www.nasdr.com. software, are not necessary in the Web opportunity to practice accessing and 5 Web CRD is designed to support electronic filing CRD environment because proprietary working in the Web CRD system in July of Forms U–4, U–5, U–6, BD, and BDW via NASD software is not used. As with other 1999 prior to deployment the following Regulation’s World Wide Web site. Ultimately, electronic filings required under the month. Furthermore, NASDR has NASD Regulation expects that all filings for both NASD Rules, members may use a prepared Web-base tutorials (accessible broker-dealers and their associated persons will be submitted exclusively through electronic means. service bureau to submit electronic through NASDR’s Web site) for all end- All Forms U–4 and U–5 (i.e., the uniform securities industry applications for registration and 7 The current practice of permitting 11 Electronic filing in Web CRD will be simpler termination, respectively) will be submitted administrative information on pages 1 and 2 of for broker-dealers because it requires only that a electronically upon deployment of Web CRD on Form U–4 to be amended without obtaining the broker-dealer have access to an Internet browser August 16, 1999. See Securities Exchange Act registered person’s signature will be continued in (e.g., Internet Explorer, Netscape) and to the Release No. 41326 (April 22, 1999), 64 FR 23366 Web CRD. This practice was approved in the Internet through an account with an Internet (April 30, 1999) (notice of filing of File No. SR– Commission’s 1996 order. See Securities Exchange Service Provider (e.g., Microsoft Network, MCI NASD–98–96); Securities Exchange Act Release No. Act Release No. 37439 (July 15, 1996); 61 FR 37950 WorldCom, America OnLine). Accordingly, 41560 (June 25, 1999) (order approving File No. SR– (July 22, 1996). electronic filing can be accomplished with NASD–98–96, which implemented Web CRD and 8 A person submitting the electronic Form U–4 significantly less difficulty and at a lower cost than amended certain disclosure questions). filing will be asked to enter the barcode on the possible under the earlier CRD redesign approach, 6 NASDR also revised Forms U–4 and U–5 that fingerprint cards into a designated field on the which required that firms subscribe to proprietary are designed to be used with the new Web CRD screen; the screen will also contain language software and, in most cases, upgrade their computer system. These Forms become effective on August 1, indicating that, by entering the barcode, the filer is hardware. In addition, members are already 1999. For a description of the transition period from representing that he is or will be submitting the required to have an electronic mail account and to July 31 to August 16, 1999, see Securities Exchange hard copy fingerprint cards by mail or delivery be able to access NASDR’s Web site for the purpose Act Release No. 41326 (April 22, 1999), 64 FR service. of updating their Firm Contact Questionnaire. See 23366 (April 30, 1999) (notice of filing of File No. 9 See NASD Rule 1013(a)(1)(C) and 17 CFR NASD By-Laws Article IV, Section 3. SR–NASD–98–96) and Securities Exchange Act 240.17f–2. 12 1999 Conferences have been held in Los Release No. 41560 (June 25, 1999) (order approving 10 Web CRD will have a mechanism that will Angeles, CA (April 7–8); Atlanta, GA (April 14–15); File No. SR–NASD–98–96, which implemented enable firms to identify individuals whose paper Washington, DC (April 20–21); New York, NY Web CRD and amended certain disclosure fingerprint cards have not been delivered to NASDR (April 29–30 and May 21); and Chicago, IL (May 4– questions). within the 30-day period. 5).
VerDate 18-JUN-99 11:38 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\A07JY3.012 pfrm03 PsN: 07JYN1 36730 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Notices users that explain how to navigate and all subsequent amendments, all written In addition, under the proposal, firms use the system. statements with respect to the proposed and individuals will no longer rely on Rule 3010 also is amended to remove rule change that are filed with the the mail system to transmit the forms to a reference to the Firm Access Query Commission, and all written NASDR. Now, individuals and firms System (FAQS), a system that currently communications relating to the will electronically submit Forms U–4 permits members to view certain proposed rule change between the and U–5 through the World Wide Web, information in the CRD for the purpose Commission and any person, other than which means NASDR should receive the of investigating applicants for those that may be withheld from the forms more quickly. The Commission employment. Upon deployment of Web public in accordance with the also believes that investors will benefit CRD, FAQS will be obsolete; members provisions of 5 U.S.C. 552, will be from the expedited registration and will use Web CRD to conduct available for inspection and copying in termination process because the faster qualifications investigations and will the Commission’s Public Reference NASDR receives the forms, the faster have access to all of the same Room. Copies of such filing will also be information on the forms can be information that was available to them available for inspection and copying at disclosed to investors through the under FAQS. the principal office of the NASD. All NASDR proposes to make Rule 1140, submissions should refer to File No. NASD’s Public Disclosure program. as amended, effective for all members SR–NASD–99–28 and should be The Commission finds good cause for on August 16, 1999. The effective date submitted by July 28, 1999. approving the proposed rule change will be announced at least 30 days in prior to the thirtieth day after the date IV. Commission’s Findings and Order advance in a Notice To Members. of publication of notice thereof in the Granting Accelerated Approval of Federal Register. The Commission notes 2. Statutory Basis Proposed Rule Change that NASD Rule 1140, in substantive NASDR believes that the proposed The Commission finds that the form, was approved by the Commission rule change is consistent with the proposed rule change is consistent with in 1996.17 The Commission also notes provisions of Section 15A(b)(6) 13 of the 14 the requirements of the Act and the that the rule is currently in the NASD Act, which requires, among other rules and regulations thereunder Manual, but is not in effect. Further, this 15 things, that the Association’s rules must applicable to the NASD. Specifically, 18 be designed to prevent fraudulent and proposal’s companion filing, which the Commission finds that the proposed implemented Web CRD and amended manipulative acts and practices, to rule change is consistent with Section disclosure questions on Forms U–4 and promote just and equitable principles of 15A(b)(6)16 which requires, among other U–5, received no comments when it was trade, and, in general, to protect things, that the rules of an association submitted for the requisite notice and investors and the public interest. be designed to foster cooperation and NASDR believes that the proposed rule coordination with persons engaged in comment period. The NASD will change will make processing of Forms regulating, clearing, settling, processing implement this proposal simultaneously U–4 and U–5 more efficient, will allow information with respect to, and with the companion filing . Accelerated members and regulators to have quicker facilitating transactions in securities, approval will provide the NASD lead access to information contained in those and, in general, to protect investors and time to issue a Notice to Members filings, and facilitate oversight of the public interest; and are not designed explaining how the process will work. securities industry firms and their to permit unfair discrimination among Thus, the Commissions finds no reason personnel. customers, issuers, brokers, or dealers. to delay the effectiveness of a rule that B. Self-Regulatory Organization’s The Commission has determined to has been previously approved and will Statement on Burden on Competition approve the changes to the NASD rules serve to facilitate an important investor that would require electronic filing. The benefit—Web CRD. The Commission NASDR does not believe that the Commission believes that electronic finds, therefore, that granting proposed rule change will result in any filing will streamline the registration accelerated approval to the proposed burden on competition that is not and termination process for individuals rule change is appropriate and necessary or appropriate in furtherance and firms. Under the NASDR’s proposal, consistent with Section 15A19 of the of the purposes of the Act. an individual seeking registration will Act. be required to fill out an electronic C. Self-Regulatory Organization’s It is therefore ordered, pursuant to Form U–4, which will be available on Statement on Comments on the Section 19(b)(2) of the Act, that the NASDR’s website, and submit it Proposed Rule Change Received from proposed rule change (SR–NASD–99– Members, Participants, or Others electronically. Further, when an associated person ends his association 28)—is hereby approved on an Written comments were neither with a broker-dealer, the broker-dealer accelerated basis. solicited nor received. will be required to fill out an electronic For the Commission, by the Division of III. Solicitation of Comments Form U–5, which will also be available Market Regulation, pursuant to delegated 20 Interested persons are invited to on the NASDR’s website, and submit it authority. submit written data, views, and electronically. Margaret H. McFarland, arguments concerning the foregoing, Deputy Secretary. 14 including whether the proposed rule is In reviewing this proposal, the Commission has [FR Doc. 99–17152 Filed 7–6–99; 8:45 am] considered its impact on efficiency, competition, consistent with the Act. Persons making and capital formation. The Commission notes that BILLING CODE 8010±01±M written submissions should file six electronic filing provides SROs and states with an copies thereof with the Secretary, efficient means of receiving and maintaining Securities and Exchange Commission, information on associated persons. Moreover, the impact on competition is negligible because all 17 450 Fifth Street, N.W., Washington, D.C. NASD member firms will be subject to the See supra note 3. 20549–0609. Copies of the submission, electronic filing requirement. 15 U.S.C. 78c(f). 18 See supra note 5. 15 15 U.S.C. 78o–3. 19 15 U.S.C. 78o–3. 13 15 U.S.C. 78o–3(b)(6). 1615 U.S.C. 78o3(b)(6). 20 17 CFR 200.30–3(a)(12).
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SECURITIES AND EXCHANGE utilization measure is designed to utilization measure derives two capital COMMISSION measure specialist dealer participation utilization percentages for each eligible to assist in cushioning price movements stock 6 traded by a specialist unit: (1) a [Docket No. 34±41570; File No. SR±NYSE± 99±11] during days when there is general percentage calculated by dividing the market volatility or significant price average daily dollar value of the unit’s Self-Regulatory Organizations; Filing movements in individual stocks stabilizing purchases and sales in a and Order Granting Accelerated (‘‘volatile days’’), as well as during non- stock by the average daily total dollar Approval of Proposed Rule Change volatile periods. As discussed more value of shares traded in the unit’s and Amendment No. 1 to a Proposed fully below, the specialist capital stocks; and (2) a percentage calculated Rule Change by the New York Stock utilization measure provides two by dividing the average daily dollar Exchange, Inc. Relating to the definitions of volatile days: (1) days value of the unit’s stabilizing plus Definition of Volatile Days in the when the range between the highest and reliquifying 7 trades by the average daily Specialist Capital Utilization Measure lowest values of the S&P 500 Stock Price total dollar value of shares traded in the Index (‘‘S&P 500 Index’’) equals or unit’s stocks. These two percentages are June 28, 1999. exceeds 1% of the previous closing calculated separately for base periods Pursuant to Section 19(b)(1) of the value (‘‘1% Days’’); and (2) each stock’s (i.e., non-volatile periods) and volatile Securities Exchange Act of 1934 10% most volatile days (a percentage periods, so that the performance of a (‘‘Act’’)1 and Rule 19b-4 thereunder,2 calculated by comparing a day’s high/ unit relative to other units can be notice is hereby given that on March 19, low range to the opening price) (‘‘10% compared as to volatile and non-volatile 1999, the New York Stock Exchange, Days’’). The NYSE proposes to revise market conditions. As noted above, the Inc. (‘‘NYSE’’ or ‘‘Exchange’’) filed with the 1% Days component of this NYSE currently defines volatile periods the Securities and Exchange definition by defining volatile days to as (1) days when the range between the Commission (‘‘SEC’’ or ‘‘Commission’’) include days when the range between highest and lowest values of the S&P a proposed rule change amending the the S&P 500 Index’s highest and lowest 500 Index equals or exceeds 1% of the definition of ‘‘volatile days’’ used in the values equals or exceeds 2%, rather previous closing value (‘‘1% Days’’); NYSE’s specialist capital utilization than 1%, of the previous closing value. and (2) each stock’s 10% most volatile measure. The Exchange amended its The 10% Days definition will remain days (a percentage calculated by proposal on May 4, 1999.3 The proposed the same. comparing a day’s high/low range to the rule change, as amended, is described in opening price) (‘‘10% Days’’). Items I and II below, which Items have II. Self-Regulatory Organization’s To compare a specialist unit’s capital been prepared by the Exchange. The Statement of the Purpose of, and utilization with other units, the Commission is publishing this notice Statutory Basis for, the Proposed Rule specialist capital utilization measure and order to solicit comments on the Change separates stocks into three broad proposed rule change and Amendment In its filing with the Commission, the groupings.8 Specialist units are then No. 1 from interested persons and to Exchange included statements placed into three tiers based on their approve the proposal, as amended, on concerning the purpose of and basis for capital utilization percentages for each an accelerated basis. the proposed rule change and discussed of the three groupings of stocks. Within any comments it received on the each grouping, a Floor-wide mean I. Self-Regulatory Organization’s proposed rule change. The text of these capital utilization percentage is Statement of the Terms of Substance of statements may be examined at the calculated. A unit would be in Tier 1 if the Proposed Rule Change places specified in Item III below. The its capital utilization percentage is more The NYSE proposes to revise the Exchange has prepared summaries, set definition of volatile days used in the forth in Sections A, B, and C below, of program. See Securities Exchange Act Release Nos. NYSE’s specialist capital utilization the most significant aspects of such 33369, supra note 4; 35175 (December 29, 1994), 60 measure.4 The specialist capital FR 2167 (January 6, 1995) (extending pilot through statements. June 30, 1995); 35926, supra note 4 (extending pilot A. Self-Regulatory Organization’s through September 10, 1996); and 37668 1 15 U.S.C. 78s(b)(1). (September 11, 1996), 61 FR 49371 (September 19, 2 15 CFR 240.19b–4. Statement of the Purpose of, and 1996) (extending pilot through January 10, 1997). 3 See Letter from James E. Buck, Senior Vice Statutory Basis for, the Proposed Rule The Commission approved the pilot program on a President and Secretary, NYSE, to Richard Strasser, Change permanent basis on January 10, 1997. See Securities Assistant Director of Market Regulation Exchange Act Release No. 38158 (January 10, 1997), (‘‘Division’’), Commission, dated May 4, 1999 1. Purpose 62 FR 2704 (January 17, 1997) (‘‘January 1997 (‘‘Amendment No. 1’’). Amendment No. 1 provides Order’’). further details regarding the Exchange’s specialist Background. In December 1993, the 6 The following stocks are not included: foreign capital utilization measure and offers additional NYSE developed the specialist capital stocks, preferred stocks, warrants, when issued reasons to support approval of the proposal on an utilization measure as an objective stocks, IPOs (for the first 60 days), closed-end accelerated basis. measure of specialist performance that funds, stocks selling for $5 and under, stocks with 4 The specialist capital utilization measure is less than 2,000 shares average daily trading volume contained in the NYSE’s Allocation Policy and recognizes the importance of dealer and stocks with more than one class of stock. See Procedures (‘‘Allocation Policy’’), which governs participation, particularly in volatile June 1995 Order, supra note 4. the allocation of equity securities to NYSE markets, when such participation 7 A reliquifying transaction is one in which the specialist units. The Allocation Committee renders contributes to maintaining liquid and specialist reduces a position in a specialty stock by decisions based upon the allocation criteria 5 selling part of a long position on a zero-minus tick, specified in the Allocation Policy, including the orderly markets. The specialist capital or purchasing to cover part of a short position on Specialist Performance Evaluation Questionnaire, a zero-plus tick. See December 1993 Order, supra objective performance measures (e.g., the capital unit’s stocks. For a detailed discussion of the note 4. utilization measure), and the Allocation specialist capital utilization measure, see Securities 8 The three broad groupings are: (1) stocks Committee’s professional judgment. See Securities Act Release Nos. 33369 (December 22, 1993), 58 FR included in the top 200 stocks in the S&P 500 Stock Exchange Act Release No. 34906 (October 27, 1994), 69431 (December 30, 1993) (‘‘December 1993 Index and other stocks that are at least as active 59 FR 55142 (November 3, 1994) (order approving Order’’); and 35926 (June 30, 1995), 60 FR 35760 (based on average daily dollar value of shares revisions to the NYSE’s Allocation Policy). The (July 11, 1995) (‘‘June 1995 Order’’). traded); (2) the remainder of the S&P 500 and any specialist capital utilization measure focuses on a 5 The Commission approved the capital stocks among the 500 most active on the Exchange; specialist unit’s use of its own capital in relation utilization measure on a one-year pilot basis, and and (3) all other stocks traded on the Exchange. See to the total dollar volume of trading activity in the subsequently approved three extensions of the pilot June 1995 Order, supra note 4.
VerDate 18-JUN-99 16:00 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\07JYN1.XXX pfrm08 PsN: 07JYN1 36732 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Notices than 1.1 standard deviations above the In addition, the NYSE believes that communications relating to the mean.9 A unit would be in Tier 2 if its the revised definition of volatile days proposed rule change between the capital utilization percentage is within will reinforce the Exchange’s Commission and any person, other than 1.1 standard deviations of the mean. A expectation that specialists provide those that may be withheld from the unit would be in Tier 3 if its capital ‘‘value-added’’ dealer participation public in accordance with the utilization percentage is more than 1.1 during periods of unusual price provisions of 5 U.S.C. 552, will be standard deviations below the mean. movements, and maintain the emphasis available for inspection and copying at The tiers are presented to the Allocation given to the capital utilization the Commission’s Public Reference Committee for each specialist unit measurement in particularly volatile Room. Copies of such filing will also be applying for a new listing and are a markets. The NYSE notes that the use of available for inspection and copying at factor in allocating newly-listed stock. a 2% standard for volatile days also will the principal office of the NYSE. All The Tiers are presented to the coinside with the recent revision of submissions should refer to file No. SR– Allocation Committee for each specialist NYSE Rule 80A, which limits the entry NYSE–99–11 and should be submitted unit applying for a new listing and are of index arbitrage orders in any by July 28, 1999. component stock of the S&P 500 Index one factor among several in allocating IV. Commission’s Findings and Order when there is a movement in the Dow newly-listed stock. Allocation decisions Granting Accelerated Approval of the Jones Industrial Average of an amount are based on the professional judgment Proposed Rule Change of the Allocation Committee in applying that approximates 2% of its value.11 specific criteria. A Tier I classification The 10% Days definition will remain The Commission finds that the would indicate to the Committee that unchanged. proposed rule change is consistent with the requirements of the Act and the the unit’s value-added dealer 2. Statutory Basis participation was well above the average rules and regulations under the Act The NYSE believes that the basis for all specialist units, whereas a Tier III applicable to a national securities under the Act for the proposed rule classification would indicate that the exchange and, in particular, with the change is the requirement under Section 13 unit’s value-added dealer participation requirements of Section 6(b)(5) of the 6(b)(5) 12 of the Act that an exchange 14 was below the average for all specialist Act. Specifically, the Commission have rules that are designed to promote units.10 finds the proposal is consistent with the just and equitable principles of trade, to Proposal. According to the NYSE, Section 6(b)(5) requirements that the remove impediments to, and perfect the rules of an exchange be designed to market volatility has increased mechanism of a free and open market facilitate transactions in securities. substantially since the capital and, in general, to protect investors and Further, the Commission finds that the utilization measure was introduced. For the public interest. proposal is consistent with Section instance, the Exchange notes that while 11(b) 15 of the Act and Rule 11b-1 16 1% Days occurred on 27% of the trading B. Self-Regulatory Organization’s under the Act, which allow securities days in 1994, 1% Days occurred on 70% Statement on Burden on Competition exchanges to promulgate rules relating of the trading days in 1998. As a result, The Exchange does not believe that to specialists to ensure fair and orderly the NYSE believes that 1% Days are the proposed rule change will impose markets. Specifically, the Commission now more characteristic of usual market any burden on competition that is not believes that amending the definition of conditions. necessary or appropriate in furtherance volatile days in the capital utilization The Exchange proposes to revise the of the purposes of the Act. measure to include days when the range 1% Day component of its definition of between the S&p 500 Index’s highest volatile days to better distinguish C. Self-Regulatory Organization’s Statement on Comments on the and lowest values equals or exceeds 2% between volatile and base periods in of the previous closing value will help light of increasing overall market Proposed Rule Change Received from Members, Participants, or Others to maintain the effectiveness of the volatility since the NYSE introduced the capital utilization measure as an capital utilization measure. Specifically, The Exchange has neither solicited objective measure of specialist the Exchange proposes to amend its nor received written comments on the performance, thereby protecting definition of volatile days to include proposed rule change. investors and the public interest. days when the range between the S&P III. Solicitation of Comments Specialists play a crucial role in 500 Index’s highest and lowest values providing stability, liquidity and Interested persons are invited to equals or exceeds 2% of the previous continuity to the trading of securities. submit written data, views, and closing value. The NYSE believes that The NYSE implemented objective arguments concerning the foregoing, raising the percentage from 1% to 2% measures of specialist performance, like including whether the proposed rule will bring the capital utilization the capital utilization measure, to help change is consistent with the Act. measure’s definition of volatile days ensure that specialists fulfill the Persons making written submissions back in line with the frequency of obligations imposed on them by the should file six copies thereof with the overall market volatility that existed in NYSE and by the Act and rules Secretary, Securities and Exchange 1993. According to the NYSE, a 2% thereunder to maintain fair and orderly Commission, 450 Fifth Street, N.W., daily price movement in the S&P 500 markets in designated securities.17 The Washington, D.C. 20549–0609. Copies of Index will provide approximately the Commission believes that performance- the submission, all subsequent same number and percentage of volatile based stock allocation could provide an days in 1998 as the 1% daily price amendments, all written statements with respect to the proposed rule movement provided in 1994 (i.e., 55 13 15 U.S.C. 78f(b)(5). versus 67 days, or 22% versus 27%). change that are filed with the 14 In approving this rule change, the Commission Commission, and all written has considered the proposed rule’s impact on 9 A standard deviation is a statistical measure of efficiency, competition, and capital formation. 15 the distance from the mean. 11 See Securities Exchange Act Release No. 41041 U.S.C. 78c(f). 10 Telephone call between Don Siemer, Director, (February 11, 1999), 64 FR 8424 (February 19, 15 15 U.S.C. 78k(b). Market Surveillance, NYSE, and Anitra T. Cassas, 1999). 16 17 CFR 240.11b–1. Division, Commission, on June 21, 1999. 12 15 U.S.C. 78f(b)(5). 17See, e.g., 17 CFR 240.11b–1; NYSE Rule 104.
VerDate 18-JUN-99 11:38 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\A07JY3.016 pfrm03 PsN: 07JYN1 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Notices 36733 incentive for specialists to improve their 11), as amended, is approved on an and 414. Answers may be filed within performance or maintain superior accelerated basis. 21 days of date of filing. 18 performance. For the Commission, by the Division of Docket Number: OST–99–5869. The Commission continues to believe, Market Regulation, pursuant to delegated Date Filed: June 22, 1999. as it has concluded previously, that authority.21 Parties: Members of the International capital utilization is a relevant measure Margaret H. McFarland, Air Transport Association. of specialist performance because if Deputy Secretary. Subject: PTC2 EUR 0260 dated 22 indicates the extent to which a [FR Doc. 99–17151 Filed 7–6–99: 8:45 am] June 1999; Mail Vote 010–Resolution specialist unit commits capital to and BILLING CODE 8010±01±M 010p; TC2 Within Europe Special participates in the market for its Passenger Amending Resolution from securities, thereby contributing to Belgium; Intended effective date: 1 July 19 market liquidity. According to the DEPARTMENT OF STATE 1999. NYSE, market volatility has increased Docket Number: OST–99–5870. # substantially since the NYSE [Public Notice 3075] Date Filed: June 22, 1999. implemented the specialist capital Parties: Members of the International utilization measure in 1993. The NYSE Overseas Presence Advisory Panel (OPAP); Closed Meeting Air Transport Association. notes, for example, that 1% Days Subject: PTC12 USA–EUR 0076 dated occurred on 27% of the trading days in The Department of State announces a 18 June 1999; Expedited North Atlantic 1994, and on 70% of the trading days meeting of the Overseas Presence USA-Europe Expedited Resolutions in 1998. As a result, the NYSE believes Advisory Panel on Tuesday, July 20, 002kk 015n; PTC12 USA–EUR 0077 that the 1% Days definition of volatility 1999, from 9:00 a.m. to 1:00 p.m. at the dated 22 June 1999; Correction to PTC12 is now more characteristic of usual U.S. Department of State. Pursuant to USA–EUR 0076 dated 18 June 1999; market conditions. The 2% Days Section 10 (d) of the Federal Advisory Intended effective date: 1 August 1999. definition is designed to better Committee Act and 5 U.S.C. 552b [c] [1], distinguish between volatile and non- Docket Number: OST–99–5874. it has been determined that the meeting Date Filed: June 23, 1999. volatile days in light of the increased will be closed to the public. The Panel overall market volatility since 1993. Parties: Members of the International is charged with advising the Secretary of Air Transport Association. According to the NYSE, the 2% Days State with respect to the level and type definition would have provided Subject: PTC3 0345 dated 25 June of representation required overseas in 1999; Mail Vote 014–Resolution 010r; approximately the same number and light of new foreign policy priorities, a percentage of volatile days in 1998 as TC3 Special Passenger Amending heightened security situation and Resolution Within South Asian the 1% Days definition provided in extremely limited resources. The agenda 1994 (i.e., 55 days versus 67 days or Subcontinent; Intended effective date: 8 includes a discussion of sensitive July 1999. 22% versus 27%). information relating to the Panel’s final Dorothy W. Walker, The Commission believes that the draft report of ongoing findings and proposed rule change will ensure that recommendations concerning Embassies Federal Register Liaison. the definition of volatile days is and Consulates overseas; this would [FR Doc. 99–17132 Filed 7–6–99; 8:45 am] meaningful in light of current market include, but not be limited to, BILLING CODE 4910±62±P conditions. Accordingly, the intelligence and operational policies, Commission believes that the proposed and security aspects of all the U.S. rule change will make the definition of Government agencies the Department of DEPARTMENT OF TRANSPORTATION volatile day consistent with the spirit of State supports abroad. Office of the Secretary the rule adopted in 1993, when the FOR FURTHER INFORMATION CONTACT: Mrs. NYSE implemented the specialist Marilyn Shapiro, Overseas Presence Applications for Certificates of Public capital utilization measure, and will Advisory Panel, Department of State, Convenience and Necessity and ensure that the capital utilization Washington, DC 20520; phone: 202– Foreign Air Carrier Permits Filed Under measure continues to function 647–6427. Subpart Q During the Week Ending effectively as an indication of specialist June 25, 1999 performance. Dated: June 29, 1999. The Commission finds good cause for Ambassador William H. Itoh, The following Applications for approving the proposed rule change Executive Secretary, Overseas Presence Certificates of Public Convenience and prior to the thirtieth day after the date Advisory Panel. Necessity and Foreign Air Carrier of publication of notice of the filing in [FR Doc. 99–17181 Filed 7–6–99; 8:45 am] Permits were filed under Subpart Q of the Federal Register. The Commission BILLING CODE 4710±35±P the Department of Transportation’s believes accelerated approval should Procedural Regulations (See 14 CFR help maintain the relative proportion of 302.1701 et seq.). The due date for volatile periods to base periods DEPARTMENT OF TRANSPORTATION Answers, Conforming Applications, or comparable to that which existed when Motions to Modify Scope are set forth the capital utilization measure was Office of the Secretary below for each application. Following adopted, thereby preserving the original the Answer period DOT may process the Aviation Proceedings, Agreements intent of the performance measure. application by expedited procedures. Filed During the Week Ending June 25, Such procedures may consist of the It is therefore ordered, pursuant to 1999 Section 19(b)(2)20 of the Act, that the adoption of a show-cause order, a proposed rule change (SR–NYSE–99– The following Agreements were filed tentative order, or in appropriate cases with the Department of Transportation a final order without further 18 See January 1997 Order, supra note 4. under the provisions of 49 U.S.C. 412 proceedings. 19 See December 1993 Order, supra note 4. Docket Number: OST–99–5868. 20 15 U.S.C. 78s(b)(2). 21 17 CFR 200.30–3(a)(12). Date Filed: June 21, 1999.
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Due Date for Answers, Conforming series of three HM Program Evaluation FAA Building, 2300 East Devon Applications, or Motions to Modify Focus Group Meetings to discuss issues Avenue, Des Plaines, IL. The August 17, Scope: July 19, 1999. with interested stakeholders concerning 1999, meeting will be held in Room Description: Application of DOT’s hazardous materials safety 2230 of the DOT Headquarters Building Continental Airlines, Inc. pursuant to 49 programs and to request comments form (Nassif Building) 400 Seventh Street, U.S.C. 41102 and Subpart Q, applies for parties unable to attend the series of SW, Washington, DC 20590–0001. renewal of segments 1, 2, 4, 5, 6, 7, 8, meetings. Each meeting will concentrate FOR FURTHER INFORMATION CONTACT: 9 and 10 of its Route 561 certificate on a specific topic and likely involve six Jackie A. Goff, 202–493–0326, or George authority. Continental also applies to to ten members pre-selected from the Whitney, 202–366–4831, Co-Chairs, HM amend Route 561 to award Continental hazardous materials community for Program Evaluation Team, U.S. authority to provide scheduled air each focus group. Other interested Department of Transportation; Room transportation of persons, property and parties are invited to observe each 2438, 400 Seventh Street SW, mail between Houston and Ixtapa/ meeting and will be given the Washington, DC 20590–0001. For Zihuatenejo, Merida, Tampico and San opportunity to ask questions and raise information on facilities or services for # Jose del Cabo; between Cleveland and issues. Focus Group Meeting 1 will individuals with disabilities or to Cancun and between Newark and focus on the ‘‘Effectiveness and request special assistance at the Cozumel. Continental asks for authority Adequacy of DOT’s Hazardous Materials meetings, contact Ms. Goff or Mr. to integrate its amended Route 561 Regulatory Program.’’ Focus Group Whitney. If you are unable to attend one certificate authority with its existing # Meeting 2 will focus on the or more of these meetings or wish to certificate and exemption authority, ‘‘Effectiveness of DOT’s Approach for provide additional comments, we asks that the authority become effective Gaining Compliance.’’ Focus Group welcome your written responses no later immediately for a five-year period. # Meeting 3 will focus on ‘‘Measuring than August 27, 1999. If you would like Docket Number: OST–99–5871. DOT’s Performance in Hazardous your comments considered during a Date Filed: June 22, 1999. Materials Safety.’’ This action is in specific meeting for which you will be Due Date for Answers, Conforming support of the internal DOT-wide Applications, or Motions to Modify unable to attend, your comments should Program Evaluation of the Hazardous be received by the team at least 5 Scope: July 20, 1999. Materials Transportation Programs (HM Description: Application of American working days prior to that specific Program Evaluation) which DOT meeting and sent to the DOT address Airlines, Inc. pursuant to 49 U.S.C. announced in the Federal Register on 41102 and Subpart Q, applies for a provided above or e-mailed to: ‘‘9.awa- March 9, 1999. The HM Program [email protected]’’. certificate of public convenience and Evaluation will document and assess necessity to engage in foreign air the effectiveness of DOT’s hazardous I. Background transportation of persons, property, and materials transportation safety programs mail between points in the United On March 9, 1999, DOT published a in order to improve safety and States, on the one hand, and Shanghai, Notice in the Federal Register (64 FR environmental protection. Your Guangzhou, Beijing, and two additional 11528) announcing the initiation of an participation in these HM Program points in the People’s Republic of China internal Department-wide Program Evaluation Focus Group Meetings and to be selected by the United States. Evaluation of the Hazardous Materials responses to the issues raised in this American also applies for the allocation Transportation Programs (HM Program notice and during the meetings will of 10 weekly U.S.-China frequencies. Evaluation). In that Notice it was assist DOT in identifying issues that the Finally, American requests route announced that the HM Program integration with its other certificates HM Program Evaluation team may Evaluation team is staffed by 10 full- and exemptions to conduct foreign air address and evaluate as it continues its time persons, including at least one full- transportation. efforts. time person from the OIG and RSPA and Dorothy W. Walker, DATES: Comment Date: Comments must each of the following Operating be received on or before August 27, Administrations: The United States Federal Register Liaison. 1999. Coast Guard (USCG); the Federal [FR Doc. 99–17133 Filed 7–6–99; 8:45 am] Public Meeting Dates: Public meetings Aviation Administration (FAA); The BILLING CODE 4910±62±P will be held on July 22, 1999, August Federal Highway Administration 11, 1999, and August 17, 1999. Meetings (FHWA); and the Federal Railroad DEPARTMENT OF TRANSPORTATION are scheduled from 9 a.m. to 4:00 p.m. Administration (FRA). ADDRESSES: Written Comments: Address The HM Program Evaluation team is Office of the Secretary written comments to HM Program examining the Federal hazardous Evaluation Team, U.S. Department of materials transportation law, the Research and Special Programs Transportation, 400 Seventh Street, SW, program structure defined by the Administration Room 2438, Washington, DC 20590– delegation of authority within DOT, and 0001. Persons wishing to receive assessing program delivery. The HM Department-Wide Program Evaluation confirmation of receipt of their Program Evaluation is intended to allow of the Hazardous Materials comments should include a self- DOT to determine the effectiveness of Transportation Program (HM Program addressed stamped postcard. You may the current hazardous material Evaluation) also submit comments by e-mail at: programs, including the division of AGENCY: Office of Inspector General ‘‘[email protected]’’. responsibilities across and within (OIG) and Research and Special Public Meetings: The July 22, 1999 modes, and the allocation of resources Programs Administration (RSPA), DOT. meeting will be held in Room 2230 of dedicated to specific functions. The HM ACTION: Notice of meetings and request the DOT Headquarters Building (Nassif Program Evaluation is also focusing on for comments. Building) 400 Seventh Street, SW, cross-modal issues and will include an Washington, DC 20590–0001. The analysis and critique of DOT’s current SUMMARY: The Department of August 11, 1999, meeting will be held program intervention tools including Transportation (DOT) is announcing a in the Illinois/Minnesota Rooms of the regulation, education, training,
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Questions The scope of the HM Program primarily on issues involving the related to this issue include: Evaluation is limited to those activities effectiveness and adequacy of DOT’s • To what extent are you aware of any covered by 49 CFR Part 106 regulatory program. Rulemaking problems associated with undeclared (Rulemaking Procedures), Part 107 procedures for the hazardous materials program are in 49 CFR Part 106. These shipments of hazardous materials? (Hazardous Materials Program • What detection methods, if any, Procedures), and the Hazardous procedures address petitions for rulemaking, advance notices and notices have you implemented to recognize Materials Regulations (HMR), 49 CFR potential shipments of undeclared Parts 171–180. International shipments of proposed rulemaking, final rules, interim final rules, and direct final hazardous materials? of hazardous materials are also included • rules. In addition to these procedural What prevention methods would in the scope of the HM Program rules, the rulemaking process is you offer to DOT to reduce the practice Evaluation to permit a review of the governed by a variety of statutes and of shipping or transporting undeclared International Maritime Dangerous Executive Orders. Procedures shipments? • Goods Code (IMDG) and the concerning exemptions to regulations Are undeclared shipments a result International Civil Aviation are in 49 CFR Part 107. Exemptions of ignorance or willfulness? Please Organization’s Technical Instructions authorize the regulated industry to describe. • on the Transportation of Dangerous perform functions that are not otherwise What is your experience concerning Goods by Air (ICAO), both of which are authorized by the Hazardous Materials undeclared shipments occurring within authorized by HMR as alternative Regulations. The regulatory scheme the different modes of transportation standards for many of the requirements requires that the agency must find that (air, highway, rail and water)? • in the HMR for shipments destined for the exemption establishes a level of Do you believe that either the risk export or that are being imported. The safety at least equal to that required by level or volumes of activities associated team will be examining whether the the regulation. If the regulations do not with undeclared shipments is equal current programs are achieving the establish a level of safety, the agency among the modes? Please describe. stated purpose of the Federal hazardous must find that the exemption is An important segment of the materials transportation law. consistent with the public interest. Hazardous Materials Regulations is In Focus Group Meeting #1, we are hazard communication. Hazard II. HM Program Evaluation Meetings interested in determining how well communication under the HMR is and Issues DOT’s hazardous materials regulatory addressed in five components: Shipping system is minimizing risk. The papers, marking, labeling, placarding, DOT’s intent is to use information hazardous materials regulatory system is and emergency response information. gathered during three focus group designed to reduce the risks associated Questions related to this issue include: meetings to further develop issues for with the transportation of hazardous • To what extent does the current consideration by the HM Program material shipments. Reduction of risk is regulatory system provide adequate Evaluation team. We anticipate that the major way in which DOT improves hazard communication information on each focus group will consist of the overall level of safety in the shipments in transit? approximately six to ten pre-selected transportation system. Questions related • Are there other sources of individuals from the hazardous to this issue include: information that provide hazard materials community. To maximize the • Based on your experiences with the communication information and could benefits of the focus groups, they will be regulatory system for hazardous they become the basis for an industry comprised of individuals having materials (domestic and international), standard? For example, is there other expertise in hazardous materials can you identify areas in which information or documents in use related transportation who are likely to be deficiencies exist that increase the risk to hazardous materials in transit besides affected by the outcome of the HM of shipping hazardous materials? the information provided on a shipping Program Evaluation. Our aim is that • How would you describe your paper that could be standardized or members of the focus groups will be experiences in attempting to comply combined in one document? representative of the community of with the regulations contained in 49 The regulatory system permits the shippers, carriers, packaging CFR in terms of their ease of use and establishment of exceptions and manufacturers, hazmat employees, your perception that you take the exemptions that are intended to safely enforcement personnel, emergency required actions to reduce the risk of and efficiently expedite the movement responders, trade associations, labor hazardous materials in transportation? of certain hazardous materials. • Questions related to this issue include: representatives and other interested What, if any, measures could DOT • Do exceptions and exemptions parties involved with the transportation implement that would lower the risk that hazardous materials may pose complicate the understanding of the of hazardous materials. In addition to while in the transportation system? regulations? the focus group members, other Another aspect that has the potential • Do exceptions and exemptions interested parties are invited to observe to impact the safety of the transportation achieve an adequate level of safety? at each focus group meeting. They will system is the act of shipping or • How would you recommend that have an opportunity to raise issues and transporting undeclared hazardous DOT achieve its intended goal of safely ask questions. The issues to be materials (undeclared or ‘‘hidden’’ and efficiently moving hazardous discussed during the three different shipments are shipments offered for materials differently given the industry focus groups are outlined below. transportation, or subsequently need for and benefit of these transported, that are not identified as alternatives?
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• What do you see as the major within DOT (USCG, FAA, FHWA, FRA, • Please explain if, and why, one enforcement or emergency response and RSPA). approach is better than another. concerns related to DOT’s use of • Are DOT inspectors helpful in Domestic and foreign shipper exceptions and exemptions? providing compliance assistance and in practices have the potential to explaining non-complying conditions? significantly affect hazardous materials Focus Group Meeting #2, Chicago, IL, If possible, please be modal specific. safety and influence the level of August 11, 1999: ‘‘Effectiveness of • What current DOT outreach efforts compliance with the HMR. Deficiencies DOT’s Approach for Gaining (e.g., informational pamphlets, discovered by modal inspectors are Compliance’’ seminars, classroom training and on-site typically tracked back to the original Focus Group Meeting #2 will focus assistance) do you have experience with shipper to rectify the deficiency. Such primarily on issues involving reducing and which are the most effective? corrective follow up is more difficult for violations, means of intervention, and • What other, if any, DOT outreach import shipments. Effective outreach improving compliance with the activities do you suggest? overseas is a challenge. Questions regulations. To improve the level of related to this issue include: DOT’s efforts to influence the level of • compliance by industry DOT focuses its compliance with the HMR involve use If you are an importer of hazardous efforts at a variety of intervention points of the civil penalty assessment process materials, how frequently do you in the transportation system, including including notices of probable violation, receive hazardous materials that do not activities at the packaging, final orders, administrative law judge comply with the regulations? • To the extent that there are non- manufacturer, offeror and transporter hearings, ticketing, and alternative complying shipments, what do you stages. Intervention methods include means of dispute resolution, including believe is the major reason (ignorance or regulations, education, training, alternatives to traditional enforcement. willfulness)? Please describe. outreach, inspection and enforcement. Questions related to this issue include: With respect to intermodal shipments, • Do you believe civil penalties are Focus Group Meeting #3, Washington more than one modal administration has effective in gaining compliance? DC, August 17, 1999: ‘‘Measuring DOT’s the opportunity to intervene with the • Can you recommend ways to Performance in Hazardous Materials same shipment as it passes from one improve the civil penalty program? Safety’’ mode of transportation to another. • What are your major concerns about Focus Group Meeting #3 will focus DOT engages in numerous activities the process DOT uses for determining primarily on issues involving DOT’s to provide information and improve the penalty amounts in relationship to performance measures as it relates to awareness of and compliance with the a violation of the HMR? minimizing the risk of hazardous safety requirements. These outreach The HMR include training materials transportation. In this activities include: Publishing notices in requirements which are intended to meeting, we are concerned about DOT’s the Federal Register; issuing press ensure employees are competent to performance with regard to reducing releases; using Internet web pages; fulfill their roles; however, the adequacy HM safety risks and in determining the conducting training seminars and public of the scope or frequency of the required best measures of success. meetings; participating in stakeholder training is unknown. DOT has observed In DOT’s Performance Plan for Fiscal conferences; and distributing that many shippers and carriers employ Year 2000, the primary hazardous pamphlets, brochures, videos, and CD the services of third-party trainers (i.e., materials safety performance goal is to ROMS. non-governmental parties who provide reduce the number of serious HM # In Focus Group Meeting 2, we are training on the HMR). Questions related incidents in transportation (to 411 or interested in determining how effective to this issue include: fewer in the year 2000 from a peak of DOT’s approach is for reducing • Do you believe the existing training 464 in 1996.) DOT defines a serious violations and increasing compliance. standards are adequate to ensure all hazardous materials incident as one that Questions related to this issue include: personnel responsible for the safe involves a fatality or major injury due to • Historically, compliance inspection transportation of hazardous materials a hazardous material, closure of a major data reveal that placarding and shipping understand the pertinent requirements transportation artery or facility or paper deficiencies are the most cited of the HMR? evacuation of six or more persons due violations. How would you recommend • If not, how would you modify the to the presence of a hazardous material, that DOT increase compliance in these training or employee competency or a vehicle accident or derailment areas? requirements to improve this aspect of resulting in the release of a hazardous • Based on your experiences with the safety scheme? material. DOT, please comment on which of DOT currently uses a variety of Trends in serious incidents in the past DOT’s intervention methods are most approaches to work with state personnel decade have been fairly stable— effective (regulations, education, to gain compliance with the HMR. averaging about 407 per year since 1990. training, outreach, inspection and These approaches include: (1) Providing In a typical year, serious hazardous enforcement). Why? funding to states to increase compliance materials incidents account for 10–15 • Where do you believe DOT’s with the HMR through the deployment deaths (with the notable exception of intervention could be most effective (at of wide-scale inspections and 1996, when the ValueJet crash resulted the packaging, manufacturer, offeror or enforcement activities; (2) using a mix in 110 deaths,) and fewer than 300 transporter stages) and what of Federal and state inspectors in some major injuries. Because of the inherent intervention approach should DOT of DOT’s operating administrations; and risk in handling and transporting employ? (3) conducting inspections and other hazardous materials, there are limits to • What are your observations and activities using only Federal DOT how far the number of incidents could experiences regarding the depth and inspectors. Questions related to this be reduced. Furthermore, serious quality of DOT’s compliance issue include: incidents often require mitigation inspections? Please be specific, if • How effective are DOT’s different measures that are mode specific and possible, in your comments with respect approaches of using Federal and/or state might not benefit all hazardous to individual operating administrations personnel as an intervention practice? materials operations.
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There are safety advocates who SUMMARY: In compliance with the Issued in Washington, DC, on June 29, maintain that any unintentional release, Paperwork Reduction Act of 1995 (44 1999. large enough to be reportable, is a flag U.S.C. 3501 et seq.), this notice Steve Hopkins, indicating safety risks or flaws in announces that the Information Manager, Standards and Information operating and handling procedures. Collection Request (ICR) abstracted Division, APF–100. Minimizing these releases, many experts below has been forwarded to the Office [FR Doc. 99–17085 Filed 7–6–99; 8:45 am] argue, should be the goal of the of Management and Budget (OMB) for BILLING CODE 4910±13±M regulatory agencies. Looking at all extension of currently approved reported hazardous materials collections. The ICR describes the incidents—serious and non-serious— nature of the information collection and DEPARTMENT OF TRANSPORTATION there has been an overall decline since its expected burden. The Federal the high of 16,000 in 1983, with the Register Notice with a 60-day comment Federal Aviation Administration numbers fluctuating between fewer than period soliciting comments on the RTCA, Special Committee 186; 10,000 in 1990 to under 14,000 last year. following collection of information was Automatic Dependent SurveillanceÐ Assessing changes in the total number published on April 7, 1999. 64 FR Broadcast (ADS±B) of incidents to be used as a measure of 17055–17056. effectiveness in conjunction with close DATES: Comments must be submitted on Pursuant to section 10(a) (2) of the integration of the incident reporting or before August 6, 1999. A comment to Federal Advisory Committee Act (Pub. system in the entire process of OMB is most effective if OMB receives L. 92–463, 5 U.S.C., Appendix 2), notice hazardous materials intervention—from it within 30 days of publication. is hereby given for Special Committee training, inspection, and enforcement— FOR FURTHER INFORMATION CONTACT: Judy (SC)–186 meeting to be held July 26–30, could be used by DOT to identify the Street on (202) 267–9895. 1999, starting at 9:00 a.m. The meeting underlying causes of many incidents. will be held at National Lucht-& In Focus Group Meeting #3, we are SUPPLEMENTARY INFORMATION: . Ruimtevaartlaboratorium (National interested in gauging DOT’s success and Federal Aviation Administration (FAA) Aerospace Laboratory), 1059 CM in developing appropriate measures or Amsterdam, The Netherlands. Title: Special Federal Aviation candidate measures. Questions related The agenda will include: July 26: regulation (SFAR) 36, Department of to this issue include: Working Group (WG)–1, Conflict • Major Repair Data. Are serious incidents the best Detection and Resolution. July 27–28: measure of our success in reducing risk Type of Request: Extension of a WG–1, Conflict Detection and in hazardous materials transportation? currently approved collection. Resolution; WG–4, Application • Is the goal of reducing the number OMB Control Number: 2120–0507. Technical Requirements. of serious incidents by a targeted Forms(s): N/A. Joint RTCA SC–186/EUROCAE WG– amount the best alternative? Affected Public: Aircraft maintenance, 51 Plenary Session, July 29–30, 9:00 • Would trends in all unintentional Commercial Aviation, Aircraft Repair a.m.–5:00 p.m.: Chairman’s Introductory releases of hazardous materials be a Stations, Air Carriers, Air Taxi, and Remarks; (2) Review of the Meeting better indicator of how well we have Commercial Operators. Agenda; (3) Review and Approval of the succeeded in controlling the risk of Abstract: SFAR 36 allows authorized Relevant Meeting Minutes; (4) Status of hazardous materials in transportation? certificate holders to approve aircraft Actions; (5) SC–186 Activity Report and • How can we best measure the product and articles for return to service Committee Roadmap; (6) WG–51 Report; success of the hazardous materials after accomplishing major repairs using (7) 1090 Minimum Operational program? How would you evaluate the data developed by the holder that have Performance Standards (MOPS) overall effectiveness of the hazardous not been directly approved by the FAA. Development; (8) VDL4 MOPS materials intervention program in Estimated Annual Burden Hours: 530 Development; (9) SC–186/WG–1 Report; addressing the level of risk hazardous burden hours annually. (10) SC–186/WG–4 Report; (11) materials pose in transportation? ADDRESSES: Send comments to the Automatic Dependent Surveillance Issued in Washington, DC on June 30, Office of Information and Regulatory Minimum Avaition System Performance 1999. Affairs, Office of Management and Standard—Status and Plans (12) WG– Jackie A. Goff, Budget, 725—17th Street, NW., 51/SC–186 Applications Templates; (13) Co-Chair, Hazardous Materials Program Washington, DC 20503, Attention FAA Safe Flight 21 Update; (14) Evaluation Team. Desk Officer. EUROCONTROL ADS Programme; (15) Future Work Programme; (16) Date, George Whitney, Comments Are Invited On Co-Chair, Hazardous Materials Program Place and Time of Next Meeting; (17) Evaluation Team. Whether the proposed collection of Closing. [FR Doc. 99–17175 Filed 7–6–99; 8:45 am] information is necessary for the proper Attendance is open to the interested BILLING CODE 4910±60±P performance of the functions of the public but limited to space availability. Department, including whether the With the approval of the chairman, information will have practical utility; members of the public may present oral DEPARTMENT OF TRANSPORTATION the accuracy of the Department’s statement at the meeting. Persons estimate of the burden of the proposed wishing to present statements or obtain Federal Aviation Administration information collection; ways to enhance information should contact the RTCA the quality, utility and clarity of the Secretariat, 1140 Connecticut Avenue, Agency Information Collection Activity information to be collected; and ways to NW., Suite 1020, Washington, DC, Under OMB Review minimize the burden of the collection of 20036; (202) 833–9339 (phone); (202) AGENCY: Federal Aviation information on respondents, including 833–9434 (fax); or http:www/rtca/org Administration (FAA), DOT. the use of automated collection (web site). Members of the public may techniques or other forms of information preesent a written statement to the ACTION: Notice. technology. committee at any time.
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Issued in Washington, DC, on June notice. Accordingly, DOT announces practical utility; the accuracy of the 30,1999. that these information collection Department’s estimate of the burden of Janice L. Peters, activities have been reevaluated and the proposed information collection; Designated Official. certified under 5 CFR 1320.5(a) and ways to enhance the quality, utility, and [FR Doc. 99–17174 Filed 7–6–99; 8:45 am] forwarded to OMB for review and clarity of the information to be BILLING CODE 4910±13±M approval pursuant to 5 CFR 1320.12(c). collected; and ways to minimize the Before OMB decides whether to burden of the collection of information approve these proposed collections of on respondents, including the use of DEPARTMENT OF TRANSPORTATION information, it must provide 30 days for automated collection techniques or public comment. 44 U.S.C. 3507(b); 5 other forms of information technology. Office of the Secretary CFR 1320.12(d). Federal law requires A comment to OMB is best assured of OMB to approve or disapprove having its full effect if OMB receives it Proposed Agency Information paperwork packages between 30 and 60 within 30 days of publication of this Collection Activities; Comment days after the 30 day notice is notice in the Federal Register. Request published. 44 U.S.C. 3507 (b)-(c); 5 CFR Authority: 44 U.S.C. 3501–3520. 1320.12(d); see also 60 FR 44978, 44983, AGENCY: Federal Railroad Marie S. Savoy, Administration, DOT. Aug. 29, 1995. OMB believes that the 30 day notice informs the regulated Director, Office of Information Technology ACTION: Notice and request for and Support Systems, Federal Railroad comments. community to file relevant comments Administration. and affords the agency adequate time to [FR Doc. 99–17231 Filed 7–6–99; 8:45 am] SUMMARY: In compliance with the digest public comments before it Paperwork Reduction Act of 1995 (44 renders a decision. 60 FR 44983, Aug. BILLING CODE 4910±01±P U.S.C. 3501 et seq.), this notice 29, 1995. Therefore respondents should announces that the Information submit their respective comments to DEPARTMENT OF TRANSPORTATION Collection (ICR) abstracted below has OMB within 30 days of publication to been forwarded to the Office of best ensure having their full effect. 5 Maritime Administration Management and Budget (OMB) for CFR 1320.12(c); see also 60 FR 44983, review and comment. The ICR describes Aug. 29, 1995. [Docket No. MARAD±1999±5920] The summaries below describe the the nature of the information collection Information Collection Available for nature of the information collection and its expected burden. The Federal Public Comments and requirements (ICRs) and the expected Register notice with a 60-day comment Recommendations period soliciting comments on the burden. The revised requirements are following collection of information was being submitted for clearance by OMB ACTION: Notice and request for published on April 30, 1999 (64 FR as required by the PRA. comments. 23385). Title: Supplemental Qualifications DATES: Comments must be submitted on Statement for Railroad Safety Inspector SUMMARY: In accordance with the or before August 6, 1999. Applicants. Paperwork Reduction Act of 1995, this notice announces the Maritime FOR FURTHER INFORMATION CONTACT: Mr. OMB Control Number: 2130–0517. Type of Request: Revision of a Robert Brogan, Office of Planning and Administration’s (MARAD’s) intentions currently approved collection. Evaluation Division, RRS–21, Federal to request extension of approval for Affected Public: Individuals or Railroad Administration, 1120 Vermont three years of a currently approved Households. Ave., N.W., Mail Stop 17, Washington, information collection. Form(s): FRA–F–120. DATES: Comments should be submitted D.C. 20590 (telephone: (202) 493–6292) Abstract: The Supplemental on or before September 7, 1999. or Dian Deal, Office of Information Qualifications Statement for Railroad Technology and Productivity Safety Inspector Applicants is an FOR FURTHER INFORMATION CONTACT: Improvement, RAD–20, Federal information collection instrument used Crawford Ellerbe, Office of Maritime Railroad Administration, 1120 Vermont by FRA to gather additional background Labor, Training and Safety, Maritime Ave., N.W., Mail Stop 35, Washington, data so that FRA can evaluate the Administration, MAR–250, Room 7302, D.C. 20590 (telephone: (202) 493–6133). qualifications of applicants for the 400 Seventh Street, S.W., Washington, (These telephone numbers are not toll- position of Railroad Safety Inspector. D.C. 20590. Telephone 202–366–5755 or free.) The questions cover a wide range of FAX 202–493–2288. Copies of this SUPPLEMENTARY INFORMATION: The general and specialized skills, abilities, collection can also be obtained from that Paperwork Reduction Act of 1995 and knowledge of the five types of office. (PRA), Pub. L. No. 104–13, § 2, 109 Stat. railroad safety inspector positions. SUPPLEMENTARY INFORMATION: 163 (1995) (codified as revised at 44 Annual Estimated Burden Hours: Title of Collection: U.S. Merchant U.S.C. 3501–3520), and its 6,000 hours. Marine Academy Application for implementing regulations, 5 C.F.R. Part Addressee: Send comments regarding Admission. 1320, require Federal agencies to issue this information collection to the Office Type of Request: Extension of two notices seeking public comment on of Information and Regulatory Affairs, currently approved information information collection activities before Office of Management and Budget, 725 collection. OMB may approve paperwork packages. Seventeenth Street, N.W., Washington, OMB Control Number: 2133–0010 44 U.S.C. 3506, 3507; 5 C.F.R. 1320.5, DC, 20503, Attention: FRA Desk Officer. Form Number: KP 2–65. 1320.8(d)(1), 1320.12. On April 30, Comments are invited on the Expiration Date of Approval: 12–31– 1999, FRA published a 60-day notice in following: Whether the proposed 2000 the Federal Register soliciting comment collection of information is necessary Summary of Collection of on ICRs that the agency was seeking for the proper performance of the Information: The collection consists of OMB approval. 64 FR 23385. FRA functions of the Department, including Parts I, II, and III of Form KP 2–65 (U.S. received no comments after issuing this whether the information will have Merchant Marine Academy Application
VerDate 18-JUN-99 16:18 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\07JYN1.XXX pfrm08 PsN: 07JYN1 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Notices 36739 for Admission). These items are all applicable Federal motor vehicle One comment was received in completed by individuals wishing to be safety standards are eligible for response to the notice of the petition, admitted as students to the U.S. importation into the United States from American Honda Motor Co., Inc. Merchant Marine Academy and are because they are substantially similar to (‘‘Honda’’), the United States reviewed by staff members of the vehicles originally manufactured for representative of the vehicles’ Academy. importation into and sale in the United manufacturer. In this comment, Honda Need and Use of the Information: The States and certified by their stated that the headlights on non-U.S. collected information is necessary to manufacturer as complying with the certified 1991–1998 Honda VT600 select the best qualified candidates for safety standards (the U.S. certified motorcycles do not conform to Federal the U. S. Merchant Marine Academy. version of the 1991–1998 Honda Motor Vehicle Safety Standard No. 108, Description of Respondents: VT600), and they are capable of being Lamps, Reflective Devices, and Individuals desiring to become students readily altered to conform to the Associated Equipment, because they at the U.S. Merchant Marine Academy. standards. have an asymmetrical beam for right Annual Responses: 2500 hand traffic. Honda also stated that DATES: This decision is effective July 7, vehicle identification numbers assigned Annual Burden: 5 hours 1999. Comments: Comments should refer to to non-U.S. certified 1991–1998 Honda the docket number that appears at the FOR FURTHER INFORMATION CONTACT: VT600 motorcycles contain only eleven top of this document. Written comments George Entwistle, Office of Vehicle digits, and therefore do not conform to maybe submitted to the Docket Clerk, Safety Compliance, NHTSA (202–366– the requirements of 49 CFR part 565. U.S. DOT Dockets, Room PL–401, 400 5306). NHTSA accorded Champagne an Seventh Street, SW, Washington, DC SUPPLEMENTARY INFORMATION: opportunity to respond to Honda’s 20590. Comments may also be comment. In its response, Champagne submitted by electronic means via the Background stated that it will modify the headlights Internet at http://dmses.dot.gov/submit. Under 49 U.S.C. 30141(a)(1)(A), a on non-U.S. certified 1991–1998 Honda Specifically, address whether this motor vehicle that was not originally VT600 motorcycles to comply with information collection is necessary for manufactured to conform to all Standard No. 108. Additionally, proper performance of the function of applicable Federal motor vehicle safety Champagne stated that it will address the agency and will have practical standards shall be refused admission the vehicle identification number issue utility, accuracy, of the burden into the United States unless NHTSA raised by Honda by utilizing the eleven estimates, ways to minimize this has decided that the motor vehicle is digit VIN assigned by the original burden, and ways to enhance quality, substantially similar to a motor vehicle manufacturer of the vehicles as a utility, and clarity of the information to originally manufactured for importation substitute for the U.S. VIN, as permitted be collected. All comments received into and sale in the United States, by 49 CFR 565.5(a). will be available for examination at the certified under 49 U.S.C. 30115, and of NHTSA believes that Champagne’s above address between 10 a.m. and 5 the same model year as the model of the response adequately addresses the p.m. ET, Monday through Friday, except motor vehicle to be compared, and is issues that Honda has raised regarding Federal Holidays. An electronic version capable of being readily altered to the petition. NHTSA further notes that of this document is available on the conform to all applicable Federal motor Honda has not contended that non-U.S. World Wide Web at http://dms.dot.gov. vehicle safety standards. certified 1991–1998 Honda VT600 motorcycles are incapable of being Dated: July 1, 1999. Petitions for eligibility decisions may readily altered to comply with By Order of the Maritime Administrator. be submitted by either manufacturers or importers who have registered with applicable motor vehicle safety Joel C. Richard, NHTSA pursuant to 49 CFR part 592. As standards, and that the modifications Secretary. specified in 49 CFR 593.7, NHTSA described by Champagne, which have [FR Doc. 99–17200 Filed 7–6–99; 8:45 am] publishes notice in the Federal Register been performed with relative ease on BILLING CODE 4910±18±P of each petition that it receives, and thousands of motor vehicles imported affords interested persons an over the years, would not preclude non- opportunity to comment on the petition. U.S. certified 1991–1998 Honda VT600 DEPARTMENT OF TRANSPORTATION At the close of the comment period, motorcycles from being found capable NHTSA decides, on the basis of the of being so altered. National Highway Traffic Safety NHTSA has accordingly decided to petition and any comments that it has Administration grant the petition. received, whether the vehicle is eligible [Docket No. NHTSA±99±5914] for importation. The agency then Vehicle Eligibility Number for Subject publishes this decision in the Federal Vehicles Decision That Nonconforming 1991± Register. 1998 Honda VT600 Motorcycles Are The importer of a vehicle admissible Champagne Imports, Inc. of Lansdale, Eligible for Importation under any final decision must indicate Pennsylvania (‘‘Champagne’’) on the form HS–7 accompanying entry AGENCY: National Highway Traffic (Registered Importer 90–009) petitioned the appropriate vehicle eligibility Safety Administration (NHTSA), DOT. NHTSA to decide whether 1991–1998 number indicating that the vehicle is ACTION: Notice of decision by NHTSA Honda VT600 motorcycles are eligible eligible for entry. VSP–294 is the that nonconforming 1991–1998 Honda for importation into the United States. vehicle eligibility number assigned to VT600 motorcycles are eligible for NHTSA published notice of the petition vehicles admissible under this notice of importation. under Docket No. NHTSA–98–4864 on final decision. Wednesday, December 16, 1998 (63 FR SUMMARY: This document announces the 69357) to afford an opportunity for Final Decision decision by NHTSA that 1991–1998 public comment. The reader is referred Accordingly, on the basis of the Honda VT600 motorcycles not to that notice for a thorough description foregoing, NHTSA hereby decides that originally manufactured to comply with of the petition. non-U.S. certified 1991–1998 Honda
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VT600 motorcycles are substantially Background Standard Nos. 102 Transmission Shift similar to 1991–1998 Honda VT600 Under 49 U.S.C. 30141(a)(1)(A), a Lever Sequence . . . ., 103 Defrosting and motorcycles originally manufactured for motor vehicle that was not originally Defogging Systems, 104 Windshield importation into and sale in the United manufactured to conform to all Wiping and Washing Systems, 105 States and certified under 49 U.S.C. applicable Federal motor vehicle safety Hydraulic Brake Systems, 106 Brake 30115, and are capable of being readily standards shall be refused admission Hoses, 109 New Pneumatic Tires, 113 altered to conform to all applicable into the United States unless NHTSA Hood Latch Systems, 116 Brake Fluid, Federal motor vehicle safety standards. has decided that the motor vehicle is 118 Power Window Systems, 124 Authority: 49 U.S.C. 30141(a)(1)(A) and substantially similar to a motor vehicle Accelerator Control Systems, 201 (b)(1); 49 CFR 593.8; delegations of authority originally manufactured for importation Occupant Protection in Interior Impact, at 49 CFR 1.50 and 501.8. into and sale in the United States, 202 Head Restraints, 204 Steering Issued on: July 1, 1999. certified under 49 U.S.C. 30115, and of Control Rearward Displacement, 205 Marilynne Jacobs, the same model year as the model of the Glazing Materials, 206 Door Locks and Director, Office of Vehicle Safety Compliance. motor vehicle to be compared, and is Door Retention Components, 207 Seating Systems, 209 Seat Belt [FR Doc. 99–17164 Filed 7–6–99; 8:45 am] capable of being readily altered to Assemblies, 210 Seat Belt Assembly BILLING CODE 4910±59±P conform to all applicable Federal motor vehicle safety standards. Anchorages, 212 Windshield Retention, Petitions for eligibility decisions may 216 Roof Crush Resistance, 219 DEPARTMENT OF TRANSPORTATION be submitted by either manufacturers or Windshield Zone Intrusion, and 302 importers who have registered with Flammability of Interior Materials. National Highway Traffic Safety NHTSA pursuant to 49 CFR part 592. As Additionally, the petitioner states that Administration specified in 49 CFR 593.7, NHTSA the 1993 Mercedes-Benz 320CE publishes notice in the Federal Register complies with the Bumper Standard [Docket No. NHTSA±99±5913] of each petition that it receives, and found in 49 CFR Part 581. affords interested persons an Petitioner also contends that the Receipt of Petition for Decision that opportunity to comment on the petition. vehicle is capable of being readily Nonconforming 1993 Mercedes-Benz At the close of the comment period, altered to meet the following standards, 320CE Passenger Cars Are Eligible for NHTSA decides, on the basis of the in the manner indicated: Importation petition and any comments that it has Standard No. 101 Controls and AGENCY: National Highway Traffic received, whether the vehicle is eligible Displays: (a) substitution of a lens Safety Administration, DOT for importation. The agency then marked ‘‘Brake’’ for a lens with an ECE symbol on the brake failure indicator ACTION: publishes this decision in the Federal Notice of receipt of petition for lamp; (b) replacement of the decision that nonconforming 1993 Register. Wallace Environmental Testing speedometer/odometer with one Mercedes-Benz 320CE passenger cars calibrated in miles per hour. are eligible for importation. Laboratories, Inc. of Houston, Texas (‘‘Wallace’’) (Registered Importer 90– Standard No. 108 Lamps, Reflective SUMMARY: This document announces 005) has petitioned NHTSA to decide Devices and Associated Equipment: (a) receipt by the National Highway Traffic whether 1993 Mercedes-Benz 320CE Installation of U.S.-model headlight and Safety Administration (NHTSA) of a passenger cars are eligible for front sidemarker assemblies; (b) petition for a decision that 1993 importation into the United States. The installation of U.S.-model taillight Mercedes-Benz 320CE passenger cars vehicles which Wallace believes are lenses; (c) installation of a high that were not originally manufactured to substantially similar are 1993 Mercedes- mounted stop lamp. comply with all applicable Federal Benz 300CE passenger cars that were Standard No. 110 Tire Selection and motor vehicle safety standards are manufactured for importation into, and Rims: Installation of a tire information eligible for importation into the United sale in, the United States and certified placard. States because (1) they are substantially by their manufacturer, Daimler Benz, Standard No. 111 Rearview Mirror: similar to vehicles that were originally A.G., as conforming to all applicable Inscription of the required warning manufactured for importation into and Federal motor vehicle safety standards. statement in the passenger side rearview sale in the United States and that were The petitioner claims that it carefully mirror. certified by their manufacturer as compared the 1993 Mercedes-Benz Standard No. 114 Theft Protection: complying with the safety standards, 320CE to the 1993 Mercedes-Benz Installation of a warning buzzer and a and (2) they are capable of being readily 300CE, and found the two vehicles to be warning buzzer microswitch in the altered to conform to the standards. substantially similar with respect to steering lock assembly. DATES: The closing date for comments compliance with most Federal motor Standard No. 208 Occupant Crash on the petition is August 6, 1999. vehicle safety standards. Protection: (a) Replacement of the Wallace submitted information with driver’s seat belt latch and installation ADDRESSES: Comments should refer to its petition intended to demonstrate that of a safety belt warning system that the docket number and notice number, the 1993 Mercedes-Benz 320CE, as conforms to the standard; (b) and be submitted to: Docket originally manufactured, conforms to replacement of the driver’s and Management, Room PL–401, 400 many Federal motor vehicle safety passenger’s side air and knee bolster Seventh St., SW, Washington, DC standards in the same manner as the with U.S.-model components on 20590. (Docket hours are from 9 am to 1993 Mercedes-Benz 300CE, or is vehicles that are not already so 5 pm). capable of being readily altered to equipped. The petitioner states that the FOR FURTHER INFORMATION CONTACT: conform to those standards. vehicles are equipped with Type II seat George Entwistle, Office of Vehicle Specifically, the petitioner claims that belts at the front and rear outboard Safety Compliance, NHTSA (202–366– the 1993 Mercedes-Benz 320CE is designated seating positions, and with a 5306). identical to the 1993 Mercedes-Benz lap belt at the rear center designated SUPPLEMENTARY INFORMATION: 300CE with respect to compliance with seating position.
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Standard No. 214 Side Impact Safety Administration (NHTSA) of a non-U.S. certified 1991–1997 Honda Protection: Installation of reinforcing petition for a decision that 1991–1997 VFR 750 and 1998–1999 Honda VFR door beams. Honda VFR 750 and 1998–1999 Honda 800 motorcycles are eligible for Standard No. 301 Fuel System VFR 800 motorcycles that were not importation into the United States. The Integrity: Installation of a rollover valve originally manufactured to comply with vehicles which Champagne believes are in the fuel tank vent line between the all applicable Federal motor vehicle substantially similar are 1991–1997 fuel tank and the evaporative cannister. safety standards are eligible for Honda VFR 750 and 1998–1999 Honda Additionally, the petitioner states that importation into the United States VFR 800 motorcycles that were all vehicles will be inspected prior to because: (1) They are substantially manufactured for importation into, and importation to assure compliance with similar to vehicles that were originally sale in, the United States and certified the Theft Prevention Standard found in manufactured for importation into and by their manufacturer as conforming to 49 CFR part 541. sale in the United States and that were all applicable Federal motor vehicle The petitioner also states that a certified by their manufacturer as safety standards. vehicle identification plate must be complying with the safety standards, The petitioner claims that it carefully affixed to the vehicle to meet the and (2) they are capable of being readily compared non-U.S. certified 1991–1997 requirements of 49 CFR part 565. altered to conform to the standards. Honda VFR 750 and 1998–1999 Honda Interested persons are invited to DATES: VFR 800 motorcycles to their U.S. submit comments on the petition The closing date for comments certified counterparts, and found the described above. Comments should refer on the petition is August 6, 1999. vehicles to be substantially similar with to the docket number and be submitted ADDRESSES: Comments should refer to respect to compliance with most Federal to: Docket Management, Room PL–401, the docket number and notice number, motor vehicle safety standards. 400 Seventh St., SW, Washington, DC and be submitted to: Docket 20590. (Docket hours are from 9 am to Management, Room PL–401, 400 Champagne submitted information 5 pm.) It is requested but not required Seventh St., SW, Washington, DC with its petition intended to that 10 copies be submitted. 20590. (Docket hours are from 9 am to demonstrate that non-U.S. certified All comments received before the 5 pm). 1991–1997 Honda VFR 750 and 1998– close of business on the closing date FOR FURTHER INFORMATION CONTACT: 1999 Honda VFR 800 motorcycles, as indicated above will be considered, and George Entwistle, Office of Vehicle originally manufactured, conform to will be available for examination in the Safety Compliance, NHTSA (202–366– many Federal motor vehicle safety docket at the above address both before 5306). standards in the same manner as their U.S. certified counterparts, or are and after that date. To the extent SUPPLEMENTARY INFORMATION: possible, comments filed after the capable of being readily altered to closing date will also be considered. Background conform to those standards. Notice of final action on the petition Under 49 U.S.C. 30141(a)(1)(A), a Specifically, the petitioner claims that will be published in the Federal motor vehicle that was not originally non-U.S. certified 1991–1997 Honda Register pursuant to the authority manufactured to conform to all VFR 750 and 1998–1999 Honda VFR indicated below. applicable Federal motor vehicle safety 800 motorcycles are identical to their U.S. certified counterparts with respect Authority: 49 U.S.C. 30141(a)(1)(A) and standards shall be refused admission (b)(1); 49 CFR 593.8; delegations of authority into the United States unless NHTSA to compliance with Standard Nos. 106 at 49 CFR 1.50 and 501.8. has decided that the motor vehicle is Brake Hoses, 111 Rearview Mirrors, 116 Issued on: July 1, 1999. substantially similar to a motor vehicle Brake Fluid, 119 New Pneumatic Tires for Vehicles other than Passenger Cars, Marilynne Jacobs, originally manufactured for importation and 122 Motorcycle Brake Systems. Director, Office of Vehicle Safety Compliance. into and sale in the United States, Petitioner additionally contends that [FR Doc. 99–17165 Filed 7–6–99; 8:45 am] certified under 49 U.S.C. 30115, and of the same model year as the model of the the vehicles are capable of being readily BILLING CODE 4910±59±P motor vehicle to be compared, and is altered to meet the following standard, capable of being readily altered to in the manner indicated: DEPARTMENT OF TRANSPORTATION conform to all applicable Federal motor Standard No. 108 Lamps, Reflective vehicle safety standards. Devices and Associated Equipment: National Highway Traffic Safety Petitions for eligibility decisions may Installation of U.S.-model head lamp Administration be submitted by either manufacturers or assemblies. importers who have registered with Standard No. 120 Tire Selection and [Docket No. NHTSA±99±5912] NHTSA pursuant to 49 CFR part 592. As Rims for Vehicles other than Passenger specified in 49 CFR 593.7, NHTSA Cars: Installation of a tire information Receipt of Petition for Decision That publishes notice in the Federal Register label. Nonconforming 1991±1997 Honda VFR of each petition that it receives, and Standard No. 123 Motorcycle Controls 750 and 1998±1999 Honda VFR 800 affords interested persons an and Displays: Installation of a U.S.- Motorcycles are Eligible for opportunity to comment on the petition. model speedometer/odometer calibrated Importation At the close of the comment period, in miles per hour. AGENCY: National Highway Traffic NHTSA decides, on the basis of the The petitioner also states that a Safety Administration, DOT. petition and any comments that it has vehicle identification number plate will ACTION: Notice of receipt of petition for received, whether the vehicle is eligible be affixed to the vehicles to meet the decision that nonconforming 1991–1997 for importation. The agency then requirements of 49 CFR part 565. Honda VFR 750 and 1998–1999 Honda publishes this decision in the Federal Comments should refer to the docket VFR 800 motorcycles are eligible for Register. number and be submitted to: Docket importation. Champagne Imports of Lansdale, Management, Room PL–401, 400 Pennsylvania (‘‘Champagne’’) Seventh Street, SW, Washington, DC SUMMARY: This document announces (Registered Importer 90–009) has 20590. It is requested but not required receipt by the National Highway Traffic petitioned NHTSA to decide whether that 10 copies be submitted.
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All comments received before the car, the Bigua, but was financially as well as a significant number of Ford close of business on the closing date unable to produce it. Qvale has obtained parts including the air bag system. indicated above will be considered, and the worldwide rights to manufacture Ford’s parts division, Visteon, is the will be available for examination in the and sell the Bigua under the name prime subcontractor responsible for the docket at the above address both before DeTomaso Mangusta. As of March 1999, interior and air bags. Isis Automotive, and after that date. To the extent Qvale had invested more than an engineering company in the United possible, comments filed after the $7,000,000 in the Mangusta project, and Kingdom, has been chosen as the safety closing date will also be considered. anticipates an additional investment of engineering project manager. Notice of final action on the petition $3,000,000 by the time production It was anticipated that the Ford air will be published in the Federal begins in September 1999. bag system could be integrated into the When the project began in early 1998, Register pursuant to the authority Mangusta but the final chassis Qvale expected that a Ford Mustang air indicated below. engineering that had continued during bag system could be easily integrated Authority: 49 U.S.C. 30141(a)(1)(A) and the Fall of 1998 indicated otherwise. into the Mangusta, because DeTomaso (b)(1); 49 CFR 593.8; delegations of authority Visteon found it necessary to redesign Modena had anticipated that the U.S. at 49 CFR 1.50 and 501.8. the dashboard, including the passenger would be the primary market for the car. side air bag door in order to make the Issued on: July 1, 1999. However, it has developed that Marilynne Jacobs, significant re-engineering will be Mangusta commercially viable, but is Director, Office of Vehicle Safety Compliance. required to incorporate an inflatable not able to furnish the redesigned [FR Doc. 99–17166 Filed 7–6–99; 8:45 am] restraint system that complies with interior parts until the Summer of 1999. Without these parts, an air bag system BILLING CODE 4910±59±P S4.1.5.3 of Standard No. 208. Qvale believes that it will be able to cannot be properly tested. In addition, manufacture a conforming car beginning the construction of 10 pre-production DEPARTMENT OF TRANSPORTATION in May 2000, but says that it needs an prototypes necessary for safety testing exemption so that it may sell the has been delayed until July 1999 National Highway Traffic Safety Mangusta in the United States, because of problems with the prototype Administration beginning in November 1999, to manufacturer (an outside supplier) and ongoing design changes. Finally [Docket No. NHTSA±99±5607; Notice 2] generate funds under its business plan. It has asked to be exempted through additional time is needed to organize Qvale Automotive Group SrL; Grant of March 31, 2001, to allow for unforeseen the supplier and engineering personnel Application for Temporary Exemption problems during development. The and resources necessary for the air bag From Federal Motor Vehicle Safety applicant intends to retrofit exempted system development work (e.g., Standard No. 208 vehicles with air bag systems when they laboratory testing and sensor become available. It anticipates sales of calibration). For the reasons given below, we are 200–250 Mangustas under the Because of these factors, Qvale’s plans granting the application by Qvale exemption. to incorporate an air bag system have Automotive Group, SrL of Modena, Italy been delayed from September 1999 to Why Compliance Would Cause Qvale (‘‘Qvale’’), for an exemption until March May or June 2000. 31, 2001, from the automatic restraint Substantial Economic Hardship requirements of Federal Motor Vehicle Neither Qvale nor its American parent Why Exempting Qvale Would Be Safety Standard No. 208 Occupant has had any income or sales since their Consistent With the Public Interest and Crash Protection. Qvale applied for the inception in January 1998. Qvale had a Objectives of Motor Vehicle Safety exemption on the basis that net loss of $685,000 for 1998, with a ‘‘compliance would cause substantial Qvale believes that the small number negative cash flow of $511,000. If an of vehicles that will be produced under economic hardship to a manufacturer exemption is not granted and U.S. sales that has tried in good faith to comply an exemption will have no discernable do not begin until May-June 2000, the effect upon safety. It intends to equip all with the standard.’’ 49 CFR 555.6(a). company anticipates total net losses of We published a notice of receipt of of its U.S. vehicles with manual three approximately $4,800,000 in 1999 with point belts, and will meet the injury the application on May 5, 1999 (64 FR a total negative cash flow of over 24216), and received no comments in criteria specified in S4.1.5.3 when $3,000,000. Even with an exemption tested with belted dummies. The response. that would permit U.S. sales to begin in The discussion that follows is based company will affix a label to the November 1999, Qvale expects a net instrument panel informing occupants on information contained in Qvale’s loss for 1999 of $4,124,025 and a application. of the exemption and the need to fasten negative cash flow of $2,502,025. In fact, their safety belts. Qvale plans to re- Why Qvale Needs a Temporary even with an exemption, Qvale engineer its air bag system so that it may Exemption anticipates net losses through at least be installed as a retrofit in exempted 2001 though the cash flow would vehicles. Mangustas will comply with Qvale is an Italian corporation, become positive in 2000 and increase formed in January 1998. It is controlled all other applicable Federal motor slightly in 2001. vehicle safety standards. by an American corporation owned by Qvale’s U.S. parent has already hired the Qvale family of San Francisco, a sales and distribution staff, and would In Qvale’s opinion, an exemption California, which was also formed in suffer losses of $1,800,000 if it cannot would permit the availability in the U.S. January 1998. The American begin sales of the Mangusta in of the Mangusta’s ‘‘high technology, corporation does business as DeTomaso November 1999. light weight TRM composite body.’’ The Automobiles, Ltd. success of the project will have a DeTomaso Modena SpA, a small How Qvale Has Tried To Comply With beneficial effect upon Visteon, a manufacturer of automobiles which the Standard in Good Faith division of Ford Motor Company, as produces less than 100 motor vehicles a Qvale’s production plan involves the well as employment elsewhere in the year, developed a convertible passenger use of the 4.6L Ford Cobra V–8 engine U.S. of sales and service personnel.
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Our Finding That Compliance Would Mangusta will comply with all other FOR FURTHER INFORMATION CONTACT: Eric Cause Substantial Economic Hardship applicable Federal motor vehicle safety Nelson, Office of Hazardous Materials to a Manufacturer That Has Tried in standards. Standards, RSPA, Department of Good Faith To Comply With Standard Qvale is owned by a new American Transportation, 400 Seventh Street, No. 208 company which is hiring a sales and SW., Washington, DC 20590–0001, It is manifest that Qvale has already distribution staff for marketing the Telephone (202) 366–8553. invested considerable sums in its Mangusta in the United States. The SUPPLEMENTARY INFORMATION: RSPA has attempt to make the Bigua/Mangusta a principal subcontractor responsible for been made aware of several incidents in viable commercial product, taking over the engine, interior, air bags, and other which batteries or other devices that the project from DeTomaso Automobili parts, is also an American corporation. contain batteries have short-circuited or who lacked the financial resources to After reviewing these arguments, we otherwise functioned in such a manner bring it to market. By the time find that a temporary exemption is in so as to generate heat, smoke, or initiate production is scheduled to begin in the public interest and consistent with a fire while being transported in September 1999, Qvale will have the objectives of motor vehicle safety. commerce. This advisory guidance is committed $10,000,000 to the Grant of NHTSA Temporary Exemption intended to remind persons offering for enterprise. While denial of an No. 99–8 transportation, or personally exemption would not cause the failure transporting any battery or electrical For the reasons expressed above, of Qvale, it would result in total net device of their responsibility under the Qvale Automotive Group, SrL, is hereby losses of $4,800,000 before a car Hazardous Materials Regulations (49 granted NHTSA Temporary Exemption conforming to Standard No. 208 could CFR parts 171–180) that any battery or No. 99–8, from S4.1.5.3 of 49 CFR be produced in 2000, as compared with electrical device that could create sparks 571.208 Occupant Crash Protection, total net losses of $4,124,025 with an or generate heat may only be offered for expiring April 1, 2001. exemption that would permit cars to be transportation or transported when sold in the United States as of Authority: 49 U.S.C. 30113; delegation of adequately protected from such an November 1999. Although an added loss authority at 49 CFR 1.50. occurrence. Issued on: July 1, 1999. of $700,000 may not appear significant I. Background in the overall context of an investment Ricardo Martinez, of $10,000,000, we note that Qvale Administrator. In May, 1994, while being delivered cannot begin to generate any income at [FR Doc. 99–17236 Filed 7–6–99; 8:45 am] to a handling agent by road, a shipment of small lithium batteries destined for all until it is able to sell the Mangusta. BILLING CODE 4910±59±P Under the best of circumstances, the Gatwick airport in London, England, company anticipates net losses through was found emitting smoke from a Unit 2001. DEPARTMENT OF TRANSPORTATION Loading Device. The shipment consisted From Qvale’s application, we surmise of batteries, approximately the size of a that DeTomaso Automobili intended to Research and Special Programs dime and about 5mm high, which had equip the Bigua with a Ford Mustang air Administration been tossed loosely in a box. The bag system, but that its own financial batteries apparently short-circuited difficulties prevented it from fully [Docket No. RSPA±99±5143; Notice No. 99± when exposed battery terminal tabs 8] assessing its suitability to the vehicle’s came into contact with other batteries, and subsequently started a fire that design. Since beginning the project early Advisory Guidance; Transportation of significantly damaged the shipment. in 1998, Qvale has reviewed these Batteries and Devices That Contain The UK Civil Aviation Authorities efforts and determined that ‘‘significant Batteries re-engineering’’ is required to investigated the incident. The shipper incorporate a conforming automatic AGENCY: Research and Special Programs was fined £1200 with £300 additional restraint system. With its compliance Administration (RSPA), DOT. costs being paid. project partners, Visteon and Isis, Qvale ACTION: Advisory guidance. In February, 1996, 106 packaged is working towards a conformance date lawnmowers with an electrical battery less than a year away, May 2000. To SUMMARY: RSPA has become aware of installed were offered to an air carrier allow for unanticipated difficulties it several incidents that recently occurred for transportation. While in an air cargo has asked for an exemption of 10 where heat generated by batteries or facility, and after being transported on months past the anticipated date that devices that contain batteries have two separate flights, smoke was the Mangusta will comply. caused smoke and/or the initiation of a discovered coming from one of the After reviewing these arguments, we fire while the device or article was being boxes. Air cargo personnel determined find that compliance would cause transported in commerce. This suggests that an installed battery was dislodged substantial economic hardship to a that some persons engaged in the and short-circuited, causing the wiring, manufacturer that has tried in good faith offering of batteries and such devices for plastic housing, and battery to burn and to comply with Standard No. 208. transportation may not be fully aware of melt. The air carrier immediately took the requirements and prohibitions of the action to locate the other packages, Our Finding That an Exemption Would Hazardous Materials Regulations (HMR) which were in the process of being Be in the Public Interest and Consistent applicable to such devices. This transported to other destinations With the Objectives of Motor Vehicle advisory guidance is to remind anyone throughout the United States. The air Safety offering for transportation or carrier returned three airborne flights We note with approval Qvale’s intent transporting such devices that electrical and two taxiing aircraft to the airport, to retrofit exempted vehicles with air storage devices or articles that contain and held 11 flights preparing to depart bag systems when they become batteries are forbidden from until all 106 packages were accounted available for the estimated 200–250 transportation unless properly packaged for. Approximately 50 of the 106 Mangustas that will be sold under an as to be protected from such an lawnmower batteries short-circuited, exemption. We also note that the occurrence. and several burned sufficiently to char
VerDate 18-JUN-99 11:38 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\A07JY3.080 pfrm03 PsN: 07JYN1 36744 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Notices the packaging in which they were being they are offered for transportation in a dangerously with water. Regulated shipped. manner that prevents the dangerous batteries contain, for liquid cathodes, A November, 1997 incident involved evolution of heat (for example, by the more than 0.5 grams of lithium per cell, a fiberboard box packaging containing effective insulation of exposed terminals).’’ or containing an aggregate of over 1.0 non-spillable, wet electric storage In addition, § 173.21 (c) specifies that gram of lithium or lithium alloy, and batteries offered to an air carrier for electrical devices that are likely to batteries which contain solid cathodes, transportation. The shipment was create sparks or generate a dangerous 1.0 gram of lithium or lithium alloy per picked up by a messenger service for quantity of heat, unless packaged in a cell, or an aggregate of over 2.0 grams delivery to the air carrier’s cargo facility. manner that precludes such an of lithium or lithium alloy. These The package was discovered burning occurrence, may not be offered for batteries are subject to the packaging prior to air transport, the probable cause transportation in commerce. requirements of § 173.185. Certain of which was short-circuiting of the In the 1999/2000 edition of the ICAO lithium batteries are not subject to the battery caused by storage of cables Technical Instructions for the Safe requirements of the HMR provided they directly on top of the battery. The short- Transportation of Dangerous Goods, the meet the requirements of § 173.185(c). circuit generated enough heat to ignite following prohibitive statement appears Batteries containing potassium nearby combustible materials. in relation to electric storage batteries hydroxide solids: Batteries, dry, RSPA has become aware of several not listed in the Dangerous Goods List containing potassium hydroxide solid, other occurrences of passenger baggage (Table 2–14) or otherwise subject to the UN 3028, are those which contain that have been discovered smoldering or provisions of, the Technical corrosive solids, and are subject to the burning as a result of battery short- Instructions: packaging requirements of § 173.213. Dry batteries that are not otherwise circuits. These batteries include ‘‘Any electrical battery or battery-powered camcorder, camera, or other dry-cell device having the potential of dangerous subject to the requirements of the HMR general use batteries that have short- evolution of heat that is not prepared so as are batteries such as rechargeable circuited because of coming into contact to prevent a short circuit (e.g., in the case of camera, cell phone, and dry carbon and with keys or other metallic items packed batteries, by the effective insulation of alkaline batteries which are commonly in proximity to the batteries. When such exposed terminals; or, in the case of used by consumers. These batteries are a short-circuit occurs, the temperature equipment, by disconnection of the battery otherwise excepted from requirements of the device or battery can quickly rise and protection of exposed terminals) is of the HMR when offered for forbidden from transport.’’ (Special Provision transportation or transported in to a point that causes leakage of the A123, pg. 2–12–8) battery or ignites nearby combustibles commerce provided the battery is such as packaging materials or suitcase II. Requirements for the Transportation packaged in a manner that prevents the linings. of Electrical Devices generation of a dangerous quantity of Based on these and other reports, heat that may result from short- Where the HMR permit batteries to be circuiting. For the purpose of § 173.21 RSPA is concerned that some persons offered for transportation, either offering for transportation or (c), ‘‘dangerous quantity of heat’’ is separately or installed in equipment, considered, in part, to be a sufficient transporting batteries or devices that batteries must be protected against short contain batteries may not be fully aware amount of energy to cause leakage of the circuits. The following discusses types battery contents, smoke or fire, or of the applicable provisions of the of batteries which are regulated by the Hazardous Materials Regulations (HMR; personal injury. HMR. Wet batteries: Batteries, wet, Even without a short-circuit condition 49 CFR parts 171–180). During air filled with acid, UN 2794, and Batteries, existing, a component in circuitry transport, leakage from batteries, smoke wet, filled with alkali, UN 2795, are connected to a battery may become and/or fire in cargo compartments can those that contain corrosive battery heated to a point where combustion is pose a grave risk to transportation fluid, and are subject to the packing initiated in the component itself, or in safety. requirements of § 173.159. Wet ‘‘non- near-by combustible materials, even if The serious potential risks posed to spillable’’ batteries: Batteries, wet, the battery or the device in which the flight safety by batteries and devices nonspillable, UN 2800, are wet batteries battery is installed functions normally. that contain batteries, in particular which are capable of withstanding RSPA has become aware of several where the battery is not otherwise leakage of battery fluid when subjected incidents in which devices that contain subject to regulation, is specifically to vibration and pressure differential batteries, although shipped in addressed by RSPA and the tests, as specified in § 173.159(d)(3). compliance with § 173.159, have International Civil Aviation These batteries are excepted from all produced dangerous quantities of heat Organization (ICAO). On March 5, 1999, other requirements of the HMR, while in transportation in commerce. RSPA published in the Federal Register provided they meet the requirements of RSPA is evaluating the conditions (64 FR 10742) a final rule in Docket No. § 173.159 (d)(1), (d)(2), and (d)(3). surrounding these incidents. RSPA–98–4185 (HM–215C) that Batteries containing sodium: Batteries, An example is a November 1997 amended the Hazardous Material Table containing sodium, UN 3292, are incident in which a device known to add, among other things, special batteries that contain a material that, by commonly as an Uninterruptible Power provision 130 to the entry, Battery, dry, contact with water, are liable to become Source was offered to an air carrier for not subject to the requirements of this spontaneously flammable or give off transportation in commerce. An subchapter. This special provision, flammable or toxic gas at a rate greater Uninterruptible Power Source, a device codified at § 172.102, identifies than 1 liter per kilogram of the material consisting of a battery with associated conditions that must be met before dry per hour. These batteries are subject to circuitry, is used both to provide batteries that are not otherwise subject the packaging requirements of electrical surge protection to computers to the HMR may be offered for § 173.189. Lithium batteries: Lithium and to supply emergency power to transportation or transported in batteries, UN 3090, and Lithium computers in the event of a loss of commerce. It reads as follows: batteries, contained in equipment, UN normal power. After being transported ‘‘130. Batteries, dry are not subject to the 3091, are batteries which contain on at least one flight, the power source, requirements of this subchapter only when lithium substances that react packed in a fiberboard box, was
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A subsequent because the device and its power source AGENCY investigation revealed that the burning contains no material meeting the initiated in a printed circuit board, with definition of a hazardous material), is Culturally Significant Objects Imported the source of energy being a battery forbidden from being offered for for Exhibition Determinations: within the device. transportation, or transported, if the ``Egyptian Art in The Age of the Another example of a condition of a device is likely to produce sparks or a Pyramids'' component in circuitry connected to a dangerous quantity of heat. battery may become heated to a point ACTION: Notice. where combustion is initiated in the III. Reminder to Offerers and Transporters component itself, or in near-by SUMMARY: Notice is hereby given of the Any persons who offers or transports combustible materials, even when the following determinations: Pursuant to device functions normally is a properly a battery or an electrical device with an the authority vested in me by the Act of operating, high-intensity flashlight used installed battery, including power October 19, 1965 (79 Stat. 985, 22 U.S.C. by scuba divers. Such devices, packed sources, lights or torches, power tools, in checked baggage and unintentionally and other related articles are encouraged 2459), Executive Order 12047 of March activated (i.e., by movement of the on/ to carefully review this guidance, to 27, 1978 (43 FR 13359, March 29, 1978), off switch to the ‘‘on’’ position), have examine all of their procedures, and and Delegation Order No. 85–5 of June started fires in passenger baggage. where necessary, to take measures to 27, 1985 (50 FR 27393, July 2, 1985). I Airline passengers and persons who prevent potential incidents in hereby determine that the additional offer such electrical devices for transportation. While evaluating cultural objects to be included in the transportation as carry on baggage, whether such devices are likely to ‘‘Egyptian Art in The Age of the checked baggage, or as cargo, are produce sparks or generate a dangerous Pyramids,’’ imported from abroad for responsible for assuring that appropriate quantity of heat, environmental temporary exhibition in the United means are taken to protect against conditions normally encountered in States are for exhibition without profit dangerous levels of heat from transportation must be taken into within the United States, are of cultural inadvertent activation or short-circuit of account, including temperature, significance. These objects are imported the electrical device in transportation. humidity, vibration, impacts from rough pursuant to loan agreements with a Individuals who carry any battery- handling and other relevant factors. In foreign lender. I also determine that the powered electrical device in their addition, the possibility of product exhibition or display of the listed luggage should take care not to pack it manufacturing variations such as objects at the Metropolitan Museum of contamination, spacings, and loose parts in a manner that may lead to a short- Art from September 13, 1999 to January circuit by contact with keys or other should be taken into account. 9, 2000 is in the national interest. Public metallic articles, or its inadvertent Persons are reminded that the offering activation while in transportation. To for transportation of any forbidden Notice of these Determinations is address this potential risk, the HMR material in violation of the HMR ordered to be published in the Federal contains an overriding provision in subjects the offerer to enforcement Register. § 173.21, Forbidden materials and action, including, but not limited to, FOR FURTHER INFORMATION CONTACT: For packages. Materials forbidden by significant civil penalties and a copy of the list of exhibit objects or § 173.21 may not be offered for appropriate judicial remedies. other information, please contact Carol transportation, or transported in Furthermore, a willful violation of the Epstein, Assistant General Counsel, HMR, or the reckless offering of a commerce. This section extends the Office of the General Counsel, 202/619– material for transportation in violation forbidden designation beyond materials 6981. The address is Room 700 U.S. specifically identified in the Hazardous of the HMR, is subject to criminal penalties of up to 5 years in prison and/ Information Agency, 301 4th Street, SW, Materials Table or elsewhere in the Washington, DC 20547–0001. HMR, to various additional general or fines. categories including: Issued in Washington, DC, on June 28, Dated: June 29, 1999. ‘‘Electrical devices which are likely to create 1999. Les Jin, sparks or generate a dangerous quantity of Alan I. Roberts, General Counsel. heat, unless packaged in a manner which Associate Administrator for Hazardous [FR Doc. 99–17091 Filed 7–6–99; 8:45 am] precludes such an occurrence.’’ Materials Safety. BILLING CODE 8230±01±M Any electrical device, even one not [FR Doc. 99–17123 Filed 7–6–99; 8:45 am] otherwise subject to the HMR (either by BILLING CODE 4910±60±P
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DEPARTMENT OF EDUCATION it easier for the Secretary to determine rejected and remain incomplete or that Direct Loan funds were disbursed inaccurate by August 2, 1999 may result Office of Postsecondary EducationÐ appropriately to student and parent in institutional, rather than Federal, William D. Ford Federal Direct Loan borrowers. Further, an annual deadline responsibility for the loan or portion of Program enables the Secretary to conduct the loan. AGENCY: Department of Education. program reviews of Direct Loan schools FOR FURTHER INFORMATION CONTACT: Jon more efficiently, since all Direct Loan ACTION: Notice of deadline for Utz, U.S. Department of Education, 400 records submitted to the Secretary by submission of loan records and Maryland Avenue, SW, ROB–3, Room the deadline are final. promissory notes. 3045, Washington, DC 20202–3272. The annual submission deadlines Telephone (202) 708–8242. If you use a SUMMARY: This notice establishes the established in this notice are separate telecommunications device for the deaf deadline for the submission of all from the 30-day requirement for the (TDD) you may call the Federal William D. Ford Federal Direct Loan regular submission of initial electronic Information Relay Service (FIRS) at 1– (Direct Loan) Program electronic loan records and promissory notes. Under 34 800–877–8339. records and promissory notes to the CFR 685.301(d), Direct Loan schools Individuals with disabilities may Secretary for the 1997–1998 academic that participate under Origination obtain this document in an alternate year (Year 4). Option 1 or Origination Option 2 must format (e.g., Braille, large print, DEADLINE DATES FOR SUBMISSION OF submit loan origination records, audiotape or computer diskette) on RECORDS: Institutions that participated promissory notes, and disbursement request to the contact person listed in in the Direct Loan Program during records no later than 30 days after the the preceding paragraph. academic year 1997–1998 (Year 4) must date the disbursements are made. submit all electronic loan records and Schools that participate under Standard Electronic Access to this Document promissory notes associated with Direct Origination must submit initial and You may view this document, as well Loans made during that year to the subsequent disbursement records to the as other Department of Education Secretary no later than August 2, 1999. Secretary no later than 30 days after the documents published in the Federal SUPPLEMENTARY INFORMATION: An date of each disbursement. Register, in text or Adobe Portable institution that participates in the Direct In some cases, institutions may need Document Format (PDF) on the Internet Loan Program is required under 34 CFR to adjust or revise electronic records at the following sites: that were previously submitted to the 685.300(b)(6) to comply with all http://ocfo.ed.gov/fedreg.htm requirements established by the Secretary within the regular 30-day time http://www.ed.gov/news.html Secretary relating to loans made under period. The annual submission deadline that program. The Secretary has the established in this notice is the date by To use the PDF you must have the authority under this provision to which all electronic records (whether Adobe Acrobat Reader Program with establish a deadline by which all adjusted/revised or initial) and Search, which is available free at either required electronic records and promissory notes for the 1997–1998 of the previous sites. If you have promissory notes for a particular academic year (Year 4) must be questions about using the PDF, call the academic year must be final, complete, submitted to and accepted by the U.S. Government Printing Office (GPO), accurate, and submitted to the Secretary. If initial records and toll free at 1–888–293–6498, or in the Secretary. promissory notes have not been Washington, DC, area at (202) 512–1530. The Secretary believes that submitted before the annual deadline, Note: The official version of this document establishing an annual deadline for the the annual submission deadline is the document published in the Federal submission of all electronic records supersedes the regular 30-day Register. Free Internet access to the official (both initial and adjusted or revised requirement under 34 CFR 685.301(d). edition of the Federal Register and the Code records) and promissory notes is Therefore, any initial records or of Federal Regulations is available on GPO necessary to protect the rights of promissory notes for the 1997–1998 Access at: borrowers, and to protect the United academic year must be submitted to the http://www.access.gpo.gov/nara/ States from unreasonable financial risks. Secretary by the annual submission index.html Under 34 CFR 685.309(a), schools that deadline, even if that date is earlier than (Catalog of Federal Domestic Assistance participate in the Direct Loan Program the regular 30-day deadline. Number 84.268, William D. Ford Federal are required to establish and maintain Any electronic record or promissory Direct Loan Program) proper administrative and fiscal note for the 1997–1998 academic year (Program Authority: 20 U.S.C. 1087a et accounting procedures. The that is submitted to the Secretary after seq.) establishment of an annual submission the annual submission deadline will be Dated: July 1, 1999. deadline promotes compliance with this rejected. This includes any record or Greg Woods, requirement. An annual deadline also promissory note that was previously Chief Operating Officer for the Office of enables the Secretary to close out the submitted, but rejected, on or before the Student Financial Assistance. processing of Direct Loan Program cash submission deadline. Records and [FR Doc. 99–17134 Filed 7–6–99; 8:45 am] records for an academic year and makes promissory notes that have been BILLING CODE 4000±01±P
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DEPARTMENT OF JUSTICE list of property which would be of the revised regulation. As proposed, authorized for retention at all paragraph (c) identified November 1, Bureau of Prisons institutions. The Warden retains the 1997 as the planned implementation discretion to authorize additional items date. In this final rule, the 28 CFR Part 553 for retention at his or her institution. implementation date has been adjusted [BOP±1051±F] Typically, these additional items will be to allow for a thirty day delay following government-issued or perishable. publication in the Federal Register. RIN 1120±AA46 Consequently, § 553.10 is being New paragraphs (d) and (e) are Inmate Personal Property amended to refer to the standardized list unchanged and are being republished and to additions authorized by the here for ease of review. New paragraph AGENCY: Bureau of Prisons, Justice. Warden. Under this new procedure, less (f) is merely being redesignated from ACTION: Final rule. personal property being transferred former paragraph (g) and is also being between institutions will be subject to republished for ease of review. SUMMARY: In this document, the Bureau rejection by the receiving institution. Section 553.14 has been revised to of Prisons is amending its regulations on Property authorized for retention by the address more completely procedures for inmate personal property to allow for Warden in addition to the standardized the shipment or disposal of property the standardization of authorized list will be identified as such. Under the due to inmate transfer and release. The personal property lists at Bureau revised regulations, the inmate would revised procedures allow for more institutions and to facilitate procedures be responsible for the cost of remailing flexibility in shipping property. Because for the transportation of personal items not authorized by the receiving of the use of a standardized list, the property due to inmate transfer or institution. Bureau expects that there would be release. In addition, this document Both the standardized list and the substantially reduced need for remailing clarifies the status of personal property additional items authorized by the any property which is not authorized by items previously authorized which are Warden may include numerical limits the receiving institution. subsequently determined to pose a on specific types of property (for threat to the security, good order, or example, two pairs of athletic shoes). Response to Public Comments Such numerical limits reduce the discipline of the institution. This Comments on the proposed rule were reliance in the previous regulations on amendment is intended to provide for received from inmates, members of the the amount of storage as a determining the more efficient and secure operation general public, and other interested factor in the retention of personal of the institution. parties. The majority of inmate property (former § 553.11(a)(1) had EFFECTIVE DATE: August 6, 1999. comments consisted of form letters from stated ‘‘Staff may allow an inmate to ADDRESSES: Office of General Counsel, retain that authorized property which inmates at various institutions. A Bureau of Prisons, HOLC Room 754, 320 the inmate may neatly and safely store summary of the comments and the First Street, NW., Washington, DC in the designated area’’). Revised Bureau’s response follow. 20534. § 553.11 now includes reference to 1. Appropriateness and Adequacy of FOR FURTHER INFORMATION CONTACT: Roy possible numerical limitations along Bureau Issue Clothing Nanovic, Office of General Counsel, with the procedures for notifying Bureau of Prisons, phone (202) 514– inmates of such limits. Several inmates expressed concern 6655. The provisions for storage space in that the new rule would deny them SUPPLEMENTARY INFORMATION: The new paragraph (b) contain a clear access to clothing appropriate for Bureau of Prisons is amending its statement that authorized personal particular climates and environments. regulations on inmate personal property property is to be stored in the In particular, several inmates at one (28 CFR part 553, subpart B). A designated area. Specific provisions in institution complained that the coats proposed rule on this subject was the former regulations as to the they are issued are not warm enough for published in the Federal Register on requirement to store special purchase the cold temperatures during winter April 1, 1996 (61 FR 14440). items, commissary items, months. One inmate preferred a correspondence, and reading materials particular type of coat which he had at Background of Inmate Personal have been removed to reduce a former institution. The Bureau notes Property redundancy. New paragraphs (c) that the Warden of each institution is Current regulations governing inmate through (h) now focus on limitations responsible for determining the type of personal property specify that, other than those imposed by space coat which will be issued at the consistent with the mission of the constraints. With respect to clothing, Warden’s institution. While this institution, each Warden shall identify new paragraph (c) provides that civilian determination naturally is based upon in writing that personal property which clothing (i.e., clothing not issued to the factors such as average temperatures at may be retained by an inmate (see 28 inmate by the Bureau or purchased by the institution, security or budgetary CFR 553.10). Because of variations the inmate from the commissary) constraints may make it not practicable among institution lists, when inmates ordinarily is not authorized for retention to please everyone’s preference. In those transfer between institutions not all by the inmate. This is in keeping with instances, however, where the inmate is property authorized at the sending the standardized list of personal unsatisfied by the selection at the institution may be considered property. The regulations formerly institution the inmate may use the authorized at the receiving institution. allowed for some variation (former Administrative Remedy Program to seek Any unauthorized property is mailed at § 553.11(b), ‘‘Staff may allow an inmate appropriate accommodation. Monitoring government expense to another party of to retain that clothing, whether civilian inmate requests submitted under the the inmate’s choice. (at institutions where authorized) or Administrative Remedy Program further institution * * *’’). Under new provides the Bureau with information Purpose of the Amended Regulations paragraph (c), such civilian clothing which can be used to evaluate whether In order to alleviate this problem, the possessed by current inmates could be general adjustments in such Bureau is implementing a standardized retained no later than the effective date determinations are necessary.
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One commenter suggested that the infractions of prison rules. The Bureau personal property would not create any amount of issued undergarments was notes that restrictions on inmate additional costs for the Bureau. The not appropriate for inmates, and that personal property are necessary for the Bureau notes, however, that allowing personal undergarments should be security and orderly running of the such a volume of clothing into allowed to supplement the provided institution. The revised regulations institutions would put an undue strain totals. In consideration of this concern, leave much of the former property list on the institution staff who inspect the Bureau will amend the issued intact. Inmates are still allowed to retain incoming packages. The presence of property list to include ten (10) pairs of several items of personal property civilian clothing within the institution undergarments (bras and panties) for which may be shipped upon transfer. may give rise to the appearance of female inmates, and ten (10) pairs of Several commenters suggested that favoritism based upon an inmate’s underwear (boxers or briefs) for male the new rule limits the educational social or economic status. This inmates. opportunities of inmates by restricting appearance could serve to encourage Several female inmates requested that the amount of allowed books to five. disruptive behavior and thus personal sleepwear be allowed because The Bureau responds that inmates still compromise the security and good order the issued sleepwear is not appropriate retain access to institution libraries and of the institutions. for larger-sized women. The Bureau to correspondence courses. The limit of Several inmates commented about responds that institution commissaries five books has been instituted as a high commissary prices and how this are able to special order particular sizes practical means of ensuring that the policy would result in the commissary of clothing for inmates with special amount of the inmate’s personal being able to turn a higher profit. The needs. Several female inmates property will not exceed storage space Bureau responds that institution commented that the material of the available at the institution. commissaries purchase reasonably sleepwear provided was too sheer and One commenter noted that the list of priced clothing and then use a standard almost see-through. The Bureau personal property items to be shipped at markup to reach the commissary price. responds that institution commissaries the inmate’s expense includes most of This markup will not change to take may order different nightshirts if the the recreational and hobbycraft items advantage of the new personal property material is deemed to be too sheer. that inmates have been allowed to rule. Fluctuations in price are normally Inmates unsatisfied with either the size possess at institutions. The commenter due to changes in the unit cost. One or material may use the Administrative stated that he did not understand the possible benefit from the use of a Remedy Program to seek a further reason for removing items which standardized personal property list is solution, as noted above. As a further occupy the time of inmates and the cost savings benefit from higher adjustment, however, the Bureau has contribute to their rehabilitation. The volume single source orders. The chosen to include a bathrobe as part of Bureau finds merit in this comment and Bureau further points out that any an inmate’s government-issued accordingly shall allow approved profits generated by the commissary are property. recreational and hobbycraft items to be used to support institution One commenter noted that the shipped at the government’s expense programming and programs designed for proposed rule only allowed for white except to the extent that the amount of the inmate’s benefit (for example, clothing, which might be inappropriate material exceeds allocated space for the inmate organization or recreational for inmates, especially female inmates, shipment. activities). with dark pigmentation. In response, One inmate commented that the One inmate commented that the Bureau commissaries will now be Bureau and sentencing court prices in the commissary are too high to authorized to issue undergarments, t- represented life in a low-security camp be able to afford desired items. The shirts and sweat suits in neutral tones as including the privilege of wearing Bureau notes that all required clothing (i.e., tan). personal clothing. Previously, under and personal care items are provided to Several female inmates commented § 553.11(b) staff may allow an inmate to inmates through government issue. that the list of personal property seems retain civilian clothing at institutions Additional items may be acquired with to favor male inmates more than female where authorized. The determination to funds from the inmate’s commissary inmates. The Bureau responds that this allow retention of civilian clothing (and account. The Bureau has no control over is not the intention of the personal presumably the wearing of civilian how many external sources of money an property rule. The Bureau has clothing) was always at the discretion of inmate has access to while in prison. completed a review of the government the Bureau and was not an entitlement Inmates with few outside sources are issue list with consideration of gender of the inmate. As noted in the proposed given the opportunity to work in order differences and has amended the list as rule, the provisions on civilian clothing to earn commissary funds. appropriate (for example, with respect were revised and ordinarily would not One inmate commented that the to undergarments and hats). be authorized for retention at any Financial Responsibility Program also institution in keeping with the limits the ability of inmates to purchase 2. Behavior, Education and Recreation standardized list of property. General commissary items. The Bureau responds of Inmates conditions of incarceration in a low- that inmates who owe financial debts Several inmates commented that this security camp otherwise serve as imposed as part of the sentence must rule imposes severe personal property sufficient motivation for continued take care of those obligations. Citizens restrictions on inmates who follow all positive institutional adjustment of who are not incarcerated must pay their prison regulations and strive to act qualified inmates. debts before being able to spend money responsibly. Several inmates on discretionary items, and inmates are commented that personal property 3. Financial Impact of These not exempt from this responsibility. privileges are incentives for inmates to Restrictions Several inmates commented that the behave. These commenters argue that One inmate commented that it made new rule will impose higher costs on without the privileges, a major incentive financial sense to let inmate families them and their families because now for good behavior is removed. One and friends donate needed clothing to commissary items will have to be commenter suggested that property offset the Bureau’s costs, and one repurchased each time an inmate restrictions be used to punish inmate commented that allowing transfers institutions. The Bureau
VerDate 18-JUN-99 12:11 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\A07JY0.079 pfrm03 PsN: 07JYR2 36752 Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Rules and Regulations responds that under the new personal are identified as being approved for pertaining to prohibited acts are property list, Wardens may allow some local use only, the inmate’s choice to resolved under the Bureau’s inmate items to be retained. However, the new purchase the item is an informed one in discipline regulations (see 28 CFR part lists provide notice to inmates about light of the item’s disposition 541). what property is allowed, and thus consequent to the inmate’s subsequent Several inmates commented that inmates can plan to use their transfer from the institution. removing all personal clothing would commissary money to purchase items 5. Premature Implementation of the promote stealing among inmates. The that are retainable if they will be unable Policy Bureau believes that such is not the to purchase new items that are non- case. transferrable. Several inmates complained that the One inmate speculated that the One inmate commented that the policy has already been implemented at purpose of the new property restrictions federal deficit could be offset and that some institutions even though it was was to alleviate gang participation. The other federal budget cuts could be only a proposed rule. The Bureau commenter suggested that gang avoided if the Bureau avoided spending responds that under the previous members have several ways of keeping money on issuing clothing to prisoners regulations the Warden had explicit track of each other, and so the property by letting inmates possess personal authority to identify personal property restrictions are not necessary. As noted clothing. The Bureau responds that the limits for the institution. In any event, above, a purpose of the revised potential security risks which would be any specific complaints may be regulations is to alleviate inefficiencies created by letting all inmates have addressed through the Administrative caused by the transfer of personal personal clothing outweigh any Remedy Program. property between institutions when conjectural budgetary relief such a 6. Psychological Impact on Inmates institutions have different lists of measure might create. Several inmates and interested parties authorized property. 4. Necessity and Philosophy of the expressed concern that the new One commenter asked why hooded Policy property rule would have a severe sweatshirts were prohibited, but wool Several commenters questioned the adverse psychological impact on hats were allowed. This question is not necessity of this new rule. One inmates. Several commenters noted that particularly relevant to the final rule at commenter suggested that other personal clothing contributes to a issue here. However, the Bureau alternatives to serve the Bureau’s person’s self-esteem, dignity, sense of responds that there are enough purposes have not been tried yet. self-worth, and identity. One differences between a hooded sweatshirt Another commenter stated that avoiding commenter hypothesized that the denial and a separate hat to make them a tort claims and promoting uniformity of personal clothing would be so security risk, particularly the potential did not sufficiently justify the new degrading as to actually harden inmates for hiding small items in the hood. property restrictions. The Bureau even more against society. As noted 8. Shipping, Storage and Transfer Issues disagrees. Standardization of inmate above, the Bureau believes that the personal property at all institutions presence of civilian clothing within the Several commenters expressed reduces the potential for the institution may instead lead to concern over the Bureau abandoning all accumulation of property which would disruptive behavior. shipping costs after the effective date of not be transferrable to other institutions. Several commenters remarked upon the revised regulations. For purposes of This would further reduce costs for recent statutory restrictions on the the proposed rulemaking, § 553.14(b) remailing of items. provisioning of certain amenities identified November 1, 1997 as the One commenter questioned how the (weight training equipment and implementation date of the provision. In Bureau could justify not classifying this premium cable television channels). this final rule, the implementation date rule as a ‘‘significant regulatory action’’ Several commenters worried that the in § 553.14(b) has been adjusted to allow since it impacts approximately 100,000 combination of statutory restrictions for a thirty day delay following people in federal custody. As noted and the revised personal property publication of the final rule in the below, the Bureau affirms that the rule regulations would cause some inmates Federal Register. does not have a significant impact upon to lose interest in life. One commenter One inmate suggested that Bureau a substantial number of small entities. worried that the combination of all of allow each inmate a specific amount of Under the Act ‘‘small entities’’ has the the restrictions would make the materials which can be shipped at same mean as ‘‘small businesses, maintenance of order in the institution institution expense. The Bureau notes organizations, or small governmental significantly more difficult for that the assumption by the inmate of jurisdictions’’. institution staff. The mandatory shipping costs only pertains to excess Several commenters expressed statutory restrictions alluded to by the material not authorized by the receiving concern that the new rules would commenters are outside the scope of institution. The Bureau is still remove the flexibility Wardens have to this rulemaking. With respect to the responsible for the cost of shipping run individual institutions. One standardized list, the Bureau believes authorized property as identified on the commenter suggested that the rule does that its use will improve orderly standardized list. One inmate worried not take into consideration the operation at the institution. what would happen to materials whose differences between security levels. owners could not afford to ship. Section Another inmate stated that the rule does 7. Security Issues 553.14(c) specifies that such property not allow for accommodations of One inmate suggested that inmates would be disposed of through approved institution or individual needs. Another should be allowed to share clothing methods, including destruction of the commenter worried that the new rule without generating an incident report. property. However, pursuant to was vague enough to allow for too many The ‘‘sharing’’ of clothing qualifies as a § 553.13(b)(2)(iii), the Warden or arbitrary interpretations at the prohibited act because such would designee may authorize the institution institution level. Wardens retain the constitute the possession of property not to pay the cost of mailings where the authority to allow for additional items at issued to or authorized for possession inmate has insufficient funds and no their institutions. Because these items by the inmate. Determinations likelihood of new funds being received.
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Several inmates expressed concern Members of the public may submit on the ability of United States-based over the two box storage limit set for further comments concerning this rule companies to compete with foreign- inmate property. One inmate stated that by writing to the previously cited based companies in domestic and inmates serving long or life sentences address. These comments will be export markets. can easily accumulate more than two considered but will receive no response Plain Language Instructions boxes worth of property. Another in the Federal Register. inmate reported that there is confusion We try to write clearly. If you can Executive Order 12866 over whether issued items can be stored suggest how to improve the clarity of in a locker instead of the boxes. The two This rule falls within a category of these regulations, call or write Roy box storage limit refers to the means of actions that the Office of Management Nanovic, Rules Unit, Office of General transporting approved non-government and Budget (OMB) has determined not Counsel, Bureau of Prisons, 320 First issued items for inmates who are to constitute ‘‘significant regulatory St., Washington, DC 20534; telephone transferring to another institution. These actions’’ under section 3(f) of Executive (202) 514–6655. Order 12866 and, accordingly, it was boxes therefore are not used in place of List of Subjects in 28 CFR Part 553 lockers at the institution. The Bureau not reviewed by OMB. Prisoners. has deemed that the dimensions of the Executive Order 12612 boxes are sufficient to transport Kathleen Hawk Sawyer, approved non-government issued items This regulation will not have Director, Bureau of Prisons. substantial direct effects on the States, which have been identified on the Accordingly, pursuant to the on the relationship between the national standardized list as acceptable at all rulemaking authority vested in the government and the States, or on institutions. Attorney General in 5 U.S.C. 552(a) and distribution of power and Several inmates express delegated to the Director, Bureau of responsibilities among the various dissatisfaction with the list of items Prisons in 28 CFR 0.96(o), part 553 in levels of government. Therefore, in which can be transferred. Inmates subchapter C of 28 CFR, chapter V is accordance with Executive Order 12612, complained that pajamas, extra amended as set forth below. it is determined that this rule does not underwear, visitation clothes, and have sufficient federalism implications SUBCHAPTER CÐINSTITUTIONAL recreational and hobby craft items are to warrant the preparation of a MANAGEMENT not transferable. Several inmates Federalism Assessment. complained that items available for PART 553ÐINMATE PROPERTY purchase in the commissaries are not Regulatory Flexibility Act transferable (e.g. fans). As noted above, 1. The authority citation for 28 CFR The Director of the Bureau of Prisons, part 553 is revised to read as follows: some of these items would be in accordance with the Regulatory authorized for shipment at the expense Flexibility Act (5 U.S.C. 605(b)), has Authority: 5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed of the inmate. In any event, through reviewed this regulation and by implementation of a standardized in part as to offenses committed on or after approving it certifies that this regulation November 1, 1987), 4126, 5006–5024 property list, inmates would be aware of will not have a significant economic how commissary purchased items (Repealed October 12, 1984 as to offenses impact upon a substantial number of committed after that date), 5039; 28 U.S.C. would be treated when the inmate small entities for the following reasons: 509, 510; 28 CFR 0.95–0.99. transfers to another institution. This rule pertains to the correctional 2. Section 553.10 is amended by Clarification of Contraband Items management of offenders committed to revising the first and the last sentences the custody of the Attorney General or to read as follows: In adopting the regulations as final, the Director of the Bureau of Prisons, the Bureau is clarifying the status of and its economic impact is limited to § 553.10 Purpose and scope. personal property items previously the Bureau’s appropriated funds. It is the policy of the Bureau of authorized which are subsequently Unfunded Mandates Reform Act of 1995 Prisons that an inmate may possess determined to pose a threat to the ordinarily only that property which the security, good order, or discipline of the This rule will not result in the inmate is authorized to retain upon institution. The term ‘‘contraband’’ is expenditure by State, local and tribal admission to the institution, which is defined in 28 CFR 500.1(h). For the sake governments, in the aggregate, or by the issued while the inmate is in custody, of consistency, the Bureau is revising private sector, of $100,000,000 or more which the inmate purchases in the § 553.12 to refer to this definition. in any one year, and it will not institution commissary, or which is Because circumstances pertinent to the significantly or uniquely affect small approved by staff to be mailed to, or identification of threats to security, good governments. Therefore, no actions were otherwise received by an inmate. * * * order, or discipline can change, revised deemed necessary under the provisions Consistent with the mission of the § 553.12 also notes that a property item of the Unfunded Mandates Reform Act institution, each Warden shall identify can be found to pose a threat to of 1995. in writing that personal property which institution security, good order, or may be retained by an inmate in discipline subsequent to an initial Small Business Regulatory Enforcement Fairness Act of 1996 addition to that personal property determination that it did not pose such which has been approved by the a threat. The introductory text of This rule is not a major rule as Director for retention at all institutions. § 553.10 has also been amended in defined by § 804 of the Small Business 3. Section 553.11 is revised to read as conformance by qualifying Regulatory Enforcement Fairness Act of follows: (‘‘ordinarily’’) the description of 1996. This rule will not result in an authorized property. The procedures for annual effect on the economy of § 553.11 Limitations on inmate personal handling contraband in $100,000,000 or more; a major increase property. § 553.13(b)(2)(iii) are being revised to in costs or prices; or significant adverse (a) Numerical limitations. Authorized allow for the institution to bear the cost effects on competition, employment, personal property may be subject to of mailing such personal property items. investment, productivity, innovation, or numerical limitations. The institution’s
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Admission and Orientation program radio and/or watch may be disposed of 5. In § 553.13, paragraph (b)(2)(iii) is shall include notification to the inmate through approved methods, including amended by revising the second and of any numerical limitations in effect at destruction of the property. third sentences to read as follows: the institution and a current list of any (g) Education Program Materials. numerical limitations shall be posted on § 553.13 Procedures for handling Education program materials or current contraband. inmate unit bulletin boards. correspondence courses may be retained * * * * * (b) Storage space. Staff shall set aside even if not stored as provided in space within each housing area for use paragraph (b) of this section. (b) * * * by an inmate. The designated area shall (2) * * * (h) Personal Photos. An inmate may include a locker or other securable area (iii) * * * The Warden or designee possess photographs, subject to the in which the inmate is to store may authorize the institution to pay the limitations of paragraph (b) of this authorized personal property. The cost of such mailings when the item had section, so long as they are not inmate shall be allowed to purchase an not been altered and originally had been detrimental to personal safety or approved locking device for personal permitted for admission to the security, or to the good order of the property storage in regular living units. institution or had been purchased from institution. Staff may not allow an inmate to the commissary, or where the inmate accumulate materials to the point where 4. Section 553.12 is revised to read as has insufficient funds and no likelihood the materials become a fire, sanitation, follows: of new funds being received. Where the security, or housekeeping hazard. § 553.12 Contraband. inmate has established ownership of a (c) Clothing. Civilian clothing (i.e., contraband item, but is unwilling, clothing not issued to the inmate by the (a) Contraband is defined in § 500.1(h) although financially able to pay postage Bureau or purchased by the inmate from of this chapter. Items possessed by an as required, or refuses to provide a the commissary) ordinarily is not inmate ordinarily are not considered to mailing address for return of the authorized for retention by the inmate. be contraband if the inmate was property, the property is to be disposed Civilian clothing which previously had authorized to retain the item upon of through approved methods, including been approved for retention may not be admission to the institution, the item destruction of the property. retained after August 6, 1999. Prerelease was issued by authorized staff, * * * * * civilian clothing for an inmate may be purchased by the inmate from the 6. Section 553.14 is revised to read as retained by staff in the Receiving and commissary, or purchased or received follows: Discharge area during the last 30 days through approved channels (to include of the inmate’s confinement. approved for receipt by an authorized § 553.14 Inmate transfer between (d) Legal materials. Staff may allow an staff member or authorized by institutions and inmate release. inmate to possess legal materials in institution guidelines). (a) Except as provided for in accordance with the provisions on (b) For the purposes of this subpart, paragraphs (a)(1) through (3) of this inmate legal activities (see § 543.11 of there are two types of contraband. section, authorized personal property this chapter). shall be shipped by staff to the receiving (e) Hobbycraft materials. Staff shall (1) Staff shall consider as hard limit an inmate’s hobby shop projects contraband any item which poses a institution. within the cell or living area to those serious threat to the security of an (1) The Warden ordinarily shall allow projects which the inmate may store in institution and which ordinarily is not an inmate transferring to another designated personal property approved for possession by an inmate or institution to transport personal items containers. Staff may make an exception for admission into the institution. determined necessary or appropriate by for an item (for example, a painting) Examples of hard contraband include staff and, if applicable, legal materials where size would prohibit placing the weapons, intoxicants, and currency for active court cases. item in a locker. This exception is made (where prohibited). (2) The Warden may require or allow with the understanding that the (2) Staff shall consider as nuisance an inmate who is transferring to another placement of the item is at the inmate’s contraband any item other than hard institution under furlough conditions to own risk. Staff shall require that hobby contraband, which has never been transport all the inmate’s authorized shop items be removed from the living authorized, or which may be, or which personal property with him or her. area when completed, and be disposed previously has been authorized for (3) An inmate who is being released of in accordance with the provisions of possession by an inmate, but whose or who is transferring to a Community part 544, subpart D, of this chapter. possession is prohibited when it Corrections Center may arrange to ship (f) Radios and Watches. An inmate presents a threat to security or its personal property at the inmate’s may possess only one approved radio condition or excessive quantities of it expense. The inmate is responsible for and one approved watch at a time. The present a health, fire, or housekeeping transporting any personal property not inmate must be able to demonstrate hazard. Examples of nuisance so shipped. proof of ownership. An inmate who contraband include: personal property (b) If the inmate’s personal property is purchases a radio or watch through a no longer permitted for admission to the not authorized for retention by the Bureau of Prisons commissary is institution or permitted for sale in the receiving institution, staff at the ordinarily permitted the use of that commissary; altered personal property; receiving institution shall arrange for radio or watch at any Bureau institution excessive accumulation of commissary, the inmate’s excess personal property to if the inmate is later transferred. If the newspapers, letters, or magazines which be mailed to a non-Bureau destination inmate is not allowed to use the radio cannot be stored neatly and safely in the of the inmate’s choice. The inmate shall or watch at the new institution, the designated area; food items which are bear the expense for this mailing. inmate shall be permitted to mail, at the spoiled or retained beyond the point of (c) Whenever the inmate refuses to receiving institution’s expense, the safe consumption; government-issued provide a mailing address for return of radio or watch to a destination of the items which have been altered, or other the property or, when required, refuses inmate’s choice. Where the inmate items made from government property to bear the expense of mailing the refuses to provide a mailing address, the without staff authorization. property, the property is to be disposed
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Federal Register Presidential Documents Vol. 64, No. 129
Wednesday, July 7, 1999
Title 3— Executive Order 13129 of July 4, 1999
The President Blocking Property and Prohibiting Transactions With the Taliban
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)(‘‘IEEPA’’), the National Emer- gencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United States Code, I, WILLIAM J. CLINTON, President of the United States of America, find that the actions and policies of the Taliban in Afghanistan, in allowing territory under its control in Afghanistan to be used as a safe haven and base of operations for Usama bin Ladin and the Al-Qaida organization who have committed and threaten to continue to commit acts of violence against the United States and its nationals, constitute an unusual and extraordinary threat to the national security and foreign policy of the United States, and hereby declare a national emergency to deal with that threat. I hereby order: Section 1. Except to the extent provided in section 203(b) of IEEPA (50 U.S.C. 1702(b)) and in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted prior to the effective date: (a) all property and interests in property of the Taliban; and (b) all property and interests in property of persons determined by the Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General: (i) to be owned or controlled by, or to act for or on behalf of, the Taliban; or (ii) to provide financial, material, or technological support for, or services in support of, any of the foregoing, that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of United States persons, are blocked. Sec. 2. Except to the extent provided in section 203(b) of IEEPA (50 U.S.C. 1702(b)) and in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted prior to the effective date: (a) any transaction or dealing by United States persons or within the United States in property or interests in property blocked pursuant to this order is prohibited, including the making or receiving of any contribution of funds, goods, or services to or for the benefit of the Taliban or persons designated pursuant to this order; (b) the exportation, reexportation, sale, or supply, directly or indirectly, from the United States, or by a United States person, wherever located, of any goods, software, technology (including technical data), or services to the territory of Afghanistan controlled by the Taliban or to the Taliban or persons designated pursuant to this order is prohibited; (c) the importation into the United States of any goods, software, tech- nology, or services owned or controlled by the Taliban or persons designated
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pursuant to this order or from the territory of Afghanistan controlled by the Taliban is prohibited; (d) any transaction by any United States person or within the United States that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in this order is prohibited; and (e) any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited. Sec. 3. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby directed to authorize commercial sales of agricultural commodities and products, medicine, and medical equipment for civilian end use in the territory of Afghanistan controlled by the Taliban under appropriate safeguards to prevent diversion to military, paramilitary, or ter- rorist end users or end use or to political end use. Sec. 4. For the purposes of this order: (a) the term ‘‘person’’ means an individual or entity; (b) the term ‘‘entity’’ means a partnership, association, corporation, or other organization, group, or subgroup; (c) the term ‘‘the Taliban’’ means the political/military entity headquartered in Kandahar, Afghanistan that as of the date of this order exercises de facto control over the territory of Afghanistan described in paragraph (d) of this section, its agencies and instrumentalities, and the Taliban leaders listed in the Annex to this order or designated by the Secretary of State in consultation with the Secretary of the Treasury and the Attorney General. The Taliban is also known as the ‘‘Taleban,’’ ‘‘Islamic Movement of Taliban,’’ ‘‘the Taliban Islamic Movement,’’ ‘‘Talibano Islami Tahrik,’’ and ‘‘Tahrike Islami’a Taliban’’ (d) the term ‘‘territory of Afghanistan controlled by the Taliban’’ means the territory referred to as the ‘‘Islamic Emirate of Afghanistan,’’ known in Pashtun as ‘‘de Afghanistan Islami Emarat’’ or in Dari as ‘‘Emarat Islami- e Afghanistan,’’ including the following provinces of the country of Afghani- stan: Kandahar, Farah, Helmund, Nimruz, Herat, Badghis, Ghowr, Oruzghon, Zabol, Paktiha, Ghazni, Nangarhar, Lowgar, Vardan, Faryab, Jowlan, Balkh, and Paktika. The Secretary of State, in consultation with the Secretary of the Treasury, is hereby authorized to modify the description of the term ‘‘territory of Afghanistan controlled by the Taliban’’ (e) the term ‘‘United States person’’ means any United States citizen, permanent resident alien, entity organized under the laws of the United States (including foreign branches), or any person in the United States. Sec. 5. The Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General, is hereby authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to me by IEEPA as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may redelegate any of these functions to other officers and agencies of the United States Govern- ment. All agencies of the United States Government are hereby directed to take all appropriate measures within their authority to carry out the provisions of this order. Sec. 6. Nothing contained in this order shall create any right or benefit, substantive or procedural, enforceable by any party against the United States, its agencies or instrumentalities, its officers or employees, or any other person.
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Sec. 7. (a) This order is effective at 12:01 a.m. Eastern Daylight Time on July 6, 1999. (b) This order shall be transmitted to the Congress and published in the Federal Register. œ–
THE WHITE HOUSE, July 4, 1999. Billing code 3195–01–P
Annex
Mohammed Omar (Amir al-Mumineen [Commander of the Faithful]); [FR Doc. 99–17444 Filed 7–6–99; 12:38 pm] Billing code 4710–10–M
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Reader Aids Federal Register Vol. 64, No. 129 Wednesday, July 7, 1999
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JULY
Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 523±5227 17 CFR 3 CFR 1...... 36568 Presidential Documents Proclamations: Executive orders and proclamations 523±5227 6575 (See Proc. 18 CFR The United States Government Manual 523±5227 7206) ...... 36229 7206...... 36229 430...... 35566 6982 (See Proc. Other Services 20 CFR 7207) ...... 36549 Electronic and on-line services (voice) 523±4534 7207...... 36549 220...... 36239 Privacy Act Compilation 523±3187 Administrative Orders: 21 CFR Public Laws Update Service (numbers, dates, etc.) 523±6641 Presidential Determination: TTY for the deaf-and-hard-of-hearing 523±5229 No. 99±30 of June 23, 556...... 35923 1999 ...... 35921 558...... 35923 1020...... 35924 Executive Orders: ELECTRONIC RESEARCH 1308...... 35928 13129...... 36757 World Wide Web 1312...... 35928 5 CFR Proposed Rules: Full text of the daily Federal Register, CFR and other 16...... 36492, 36517 890...... 36237 publications: 101...... 36492, 36517 http://www.access.gpo.gov/nara Proposed Rules: 115...... 36492, 36517 1204...... 35952 510...... 35966 Federal Register information and research tools, including Public 1205...... 35957 Inspection List, indexes, and links to GPO Access: 514...... 35966 558...... 35966 http://www.nara.gov/fedreg 7 CFR 1477...... 35559 23 CFR E-mail Proposed Rules: 1225...... 35568 PENS (Public Law Electronic Notification Service) is an E-mail 319...... 36608 service for notification of recently enacted Public Laws. To 1710...... 36609 24 CFR subscribe, send E-mail to 8 CFR 291...... 36210 [email protected] Proposed Rules: 214...... 36423 200...... 36216 with the text message: 235...... 36559 subscribe PUBLAWS-L your name 26 CFR 10 CFR Use [email protected] only to subscribe or unsubscribe to 1 ...... 35573, 36092, 36116, Proposed Rules: PENS. We cannot respond to specific inquiries. 36175 40...... 36615 301...... 36092, 36569 Reference questions. Send questions and comments about the 50...... 36291 602 ...... 36092, 36116, 36175 Federal Register system to: 72...... 36291 [email protected] 810...... 35959 Proposed Rules: 1...... 35579 The Federal Register staff cannot interpret specific documents or 13 CFR regulations. 28 CFR Proposed Rules: 123...... 36617 553...... 36750 FEDERAL REGISTER PAGES AND DATES, JULY 14 CFR 29 CFR 35559±35920...... 1 Proposed Rules: 35921±36236...... 2 39 ...... 35559, 36561, 36563 71 ...... 36565, 36566, 36567, 1908...... 35972 36237±36558...... 6 36568 30 CFR 36559±36762...... 7 97...... 35562, 35564 Proposed Rules: Proposed Rules: 57...... 36632 21...... 35902 75...... 36632 27...... 35902 31 CFR 29...... 35902 39 ...... 36307, 36618, 36623, Ch. V...... 35575 36624, 36626, 36628 71...... 36630, 36631 33 CFR 91...... 35902 117 ...... 36239, 36569, 36570 93...... 35963 165 ...... 36571, 36572, 36573 173...... 36240 16 CFR Proposed Rules: Proposed Rules: 117...... 36318 453...... 35965 165...... 36633
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36 CFR 261...... 36466 1003...... 36320 1632...... 36271 242...... 35776, 264...... 36466 1652...... 36271 35821 265...... 36466 47 CFR 1801...... 36605 268...... 36466 1...... 35832 1804...... 36605 37 CFR 270...... 36466 73 ...... 35941, 36254, 36255, 1809...... 36605 201...... 36574 273...... 36466 36256, 36257, 36258 1815...... 36605 202...... 36574 430...... 36580 76...... 35948, 36605 1827...... 36605 203...... 36574 Proposed Rules: 90...... 36258 1832...... 36605 204...... 36574 52...... 36635 Proposed Rules: 1833...... 36606 211...... 36574 62...... 36426, 36639 27...... 36642 1845...... 36605 212...... 36576 180...... 36640 73 ...... 36322, 36323, 36324, 1852...... 36605 251...... 36574 36642 253...... 36574 42 CFR 49 CFR 259...... 36574 482...... 36070 48 CFR Proposed Rules: 260...... 36574 Proposed Rules: Ch. 1 ...... 36222 192...... 35580 409...... 36320 1...... 36222 571...... 36657 40 CFR 410...... 36320 12...... 36222 9...... 36580 411...... 36320 14...... 36222 50 CFR 51...... 35714 412...... 36320 15...... 36222 17...... 36274 52 ...... 35577, 35930, 35941, 413...... 36320 19...... 36222 100...... 35776, 36243, 36248, 36586 416...... 36321 26...... 36222 35821 62...... 36600 419...... 36320 33...... 36222 Proposed Rules: 90...... 36423 488...... 36321 52...... 36222 17...... 36454 180...... 36252 489...... 36320 53...... 36222 622...... 35981, 36325 260...... 36466 498...... 36320 1615...... 36271 648...... 35984
VerDate 18-JUN-99 17:29 Jul 06, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\07JYCU.XXX pfrm11 PsN: 07JYCU Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Reader Aids iii
REMINDERS TRANSPORTATION Gulf of Mexico reef fish; Azoxystrobin; comments due The items in this list were DEPARTMENT comments due by 7-14- by 7-12-99; published 5- editorially compiled as an aid Coast Guard 99; published 6-29-99 12-99 to Federal Register users. Ports and waterways safety: West Coast States and Dimethomorph; comments Inclusion or exclusion from RIN numbers update; Western Pacific regionÐ due by 7-12-99; published this list has no legal technical amendments; Western Pacific Region 5-12-99 significance. correction; published 7-7- Coral Reef Ecosystem; Halosulfuron; comments due 99 environmental by 7-12-99; published 5- statement; comments 12-99 RULES GOING INTO TRANSPORTATION DEPARTMENT due by 7-15-99; FEDERAL EFFECT JULY 7, 1999 published 6-16-99 Federal Aviation COMMUNICATIONS Marine mammals: COMMISSION AGRICULTURE Administration Airworthiness directives: Commercial fishing Radio services, special: DEPARTMENT authorizationsÐ Agricultural Marketing Boeing; published 6-3-99 Private land mobile Tuna purse seine vessels Service servicesÐ in eastern tropical Commercial wide-area Cotton research and COMMENTS DUE NEXT Pacific Ocean; promotion order: 800 MHz licenses; WEEK comments due by 7-14- construction Imported cotton and cotton 99; published 6-14-99 content of imported requirements; comments AGRICULTURE CORPORATION FOR products; supplemental due by 7-12-99; DEPARTMENT NATIONAL AND assessment calculation; published 6-11-99 COMMUNITY SERVICE published 6-7-99 Agricultural Marketing Radio stations; table of Service Raisins produced from grapes Government in the Sunshine assignments: grown inÐ Almonds grown inÐ Act; implementation; California; comments due by comments due by 7-12-99; California; published 6-7-99 California; comments due by 7-12-99; published 6-7-99 7-12-99; published 6-10- published 5-11-99 AGRICULTURE Hawaii; comments due by 99 DEFENSE DEPARTMENT DEPARTMENT 7-12-99; published 6-7-99 Kiwifruit grown inÐ Federal Crop Insurance Federal Acquisition Regulation Idaho; comments due by 7- Corporation California; comments due by (FAR): 12-99; published 6-7-99 7-15-99; published 6-25- Crop insurance regulations: Clean air and water Iowa; comments due by 7- 99 pollution control; Group risk plan of 12-99; published 6-4-99 comments due by 7-12- insurance; 2000 and Pork promotion, research, and Louisiana; comments due by 99; published 5-13-99 succeeding crop years; information order; comments 7-12-99; published 6-7-99 due by 7-12-99; published published 6-7-99 ENVIRONMENTAL Nebraska; comments due by 6-10-99 COMMODITY FUTURES PROTECTION AGENCY 7-12-99; published 6-4-99 TRADING COMMISSION AGRICULTURE Air pollutants, hazardous; New Mexico; comments due DEPARTMENT Commodity Exchange Act: national emission standards: by 7-12-99; published 6-4- Recordkeeping Foreign Agricultural Service Maximum achievable control 99 requirements; electronic Agricultural commodities; technology; constructed or Oklahoma; comments due storage media and other foreign markets development reconstructed major by 7-12-99; published 6-4- recordkeeping-related programs (Foreign Market sources; comments due 99 issues; published 7-7-99 Development Cooperator by 7-12-99; published 6- Tennessee; comments due Program); comments due by 30-99 ENVIRONMENTAL by 7-12-99; published 6-4- 7-14-99; published 6-15-99 PROTECTION AGENCY Air programs: 99 Acquisition regulations: AGRICULTURE Fuels and fuel additivesÐ Wyoming; comments due by DEPARTMENT Agency protests; incorporate Diesel fuel quality control; 7-12-99; published 6-4-99 solicitation notice; Federal Crop Insurance comments due by 7-13- Television stations; table of published 4-8-99 Corporation 99; published 6-16-99 assignments: Air quality implementation Administrative regulations: Air quality implementation Utah; comments due by 7- plans; approval and Federal Crop Insurance plans; approval and 12-99; published 6-4-99 ActÐ promulgation; various promulgation; various FEDERAL ELECTION States: States: Premium reductions, COMMISSION Texas; published 7-7-99 rebate payments, District of Columbia; Rulemaking petitions: LIBRARY OF CONGRESS dividends, and comments due by 7-12- patronage refunds, etc.; 99; published 6-11-99 Wohlford, Mary Clare, et al.; Copyright Office, Library of comments due by 7-12- Congress comments due by 7-12- Florida; comments due by 99; published 5-12-99 99; published 6-10-99 Copyright, compulsory 7-16-99; published 6-16- FEDERAL TRADE licenses, and copyright COMMERCE DEPARTMENT 99 COMMISSION arbitration royalty panel; National Oceanic and Michigan; comments due by technical amendments; Atmospheric Administration 7-12-99; published 6-10- Trade regulation rules: published 7-7-99 Fishery conservation and 99 Funeral industry practices; NATIONAL AERONAUTICS management: Drinking water: comments due by 7-12- AND SPACE Caribbean, Gulf, and South National primary drinking 99; published 5-5-99 ADMINISTRATION Atlantic fisheriesÐ water regulationsÐ GENERAL SERVICES Acquisition regulations: Gulf of Mexico Fishery 1996 amendments; public ADMINISTRATION Agency protests; mandatory Management Council; notification; comments Federal Acquisition Regulation solicitation provision; hearings; comments due by 7-12-99; (FAR): published 7-7-99 due by 7-14-99; published 5-13-99 Clean air and water Miscellaneous administrative published 6-11-99 Pesticides; tolerances in food, pollution control; revisions; published 7-7- Carribbean, Gulf, and South animal feeds, and raw comments due by 7-12- 99 Atlantic fisheriesÐ agricultural commodities: 99; published 5-13-99
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GOVERNMENT ETHICS Immigration: due by 7-16-99; published review of regulations; OFFICE Immigration examinations 5-17-99 comments due by 7-15-99; Government ethics: fee account; small volume TRANSPORTATION published 6-15-99 Public financial disclosure application fees; DEPARTMENT VETERANS AFFAIRS gifts waiver provision; adjustment; comments Federal Aviation DEPARTMENT comments due by 7-12- due by 7-16-99; published Administration 5-17-99 Disabilities rating schedule: 99; published 5-13-99 Air traffic operating and flight Eye disabilities; comments HEALTH AND HUMAN LABOR DEPARTMENT rules, etc.: due by 7-12-99; published SERVICES DEPARTMENT Employment and Training High density rule; 5-11-99 Food and Drug Administration interpretation; comments Administration Workforce Investment Act; due by 7-12-99; published 7-2-99 General enforcement implementation: LIST OF PUBLIC LAWS regulations: Job training system reform; Parachute operations; comments due by 7-12- Exports; notification and comments due by 7-14- This is a continuing list of 99; published 4-13-99 recordkeeping 99; published 4-15-99 public bills from the current requirements; comments NATIONAL AERONAUTICS Airworthiness directives: session of Congress which due by 7-16-99; published AND SPACE American Champion Aircraft have become Federal laws. It 6-17-99 ADMINISTRATION Corp.; comments due by may be used in conjunction Human drugs: Acquisition regulations: 7-16-99; published 6-4-99 with ``P L U S'' (Public Laws Progestational drug Property reporting Boeing; comments due by Update Service) on 202±523± products; labeling directed requirements; comments 7-12-99; published 5-12- 6641. This list is also to patient; comments due due by 7-16-99; published 99 available online at http:// by 7-12-99; published 4- 5-17-99 Dornier; comments due by www.nara.gov/fedreg. 13-99 7-12-99; published 6-11- Federal Acquisition Regulation The text of laws is not HOUSING AND URBAN 99 (FAR): published in the Federal DEVELOPMENT Clean air and water Eurocopter France; Register but may be ordered DEPARTMENT pollution control; comments due by 7-12- in ``slip law'' (individual Low income housing: comments due by 7-12- 99; published 5-11-99 pamphlet) form from the Rental voucher and 99; published 5-13-99 Fairchild Aircraft, Inc.; Superintendent of Documents, certificate programs Relocation costs; comments comments due by 7-16- U.S. Government Printing (Section 8) and tenant- due by 7-16-99; published 99; published 5-11-99 Office, Washington, DC 20402 based assistance (Section 5-25-99 LET Aeronautical Works; (phone, 202±512±1808). The 8); statutory merger; comments due by 7-14- text will also be made NATIONAL CREDIT UNION comments due by 7-13- 99; published 6-14-99 available on the Internet from ADMINISTRATION 99; published 5-14-99 Pilatus Aircraft Ltd.; GPO Access at http:// Credit unions: Public and Indian Housing: comments due by 7-14- www.access.gpo.gov/nara/ Drug elimination programs; Share insurance and 99; published 6-14-99 index.html. Some laws may appendix; comments due formula allocation funding Class E airspace; comments not yet be available. by 7-15-99; published 4- system; comments due by due by 7-12-99; published 22-99 H.R. 435/P.L. 106±36 7-12-99; published 5-12- 6-3-99 99 PERSONNEL MANAGEMENT Class E airspace; correction; Miscellaneous Trade and INTERIOR DEPARTMENT OFFICE comments due by 7-12-99; Technical Corrections Act of Indian Affairs Bureau Absence and leave: published 6-3-99 1999 (June 25, 1999; 113 Stat. 127) Land and water: Restored annual leave; Year TRANSPORTATION Land held in trust for benefit 2000 (Y2K) computer DEPARTMENT Last List June 17, 1999 of Indian tribes and conversion; comments National Highway Traffic Indians; title acquisition; due by 7-14-99; published Safety Administration 6-14-99 comments due by 7-12- Insurer reporting requirements: Public Laws Electronic SECURITIES AND 99; published 4-12-99 Insurers required to file Notification Service EXCHANGE COMMISSION INTERIOR DEPARTMENT reports; lists; comments (PENS) Fish and Wildlife Service Investment companies: due by 7-13-99; published Endangered and threatened Investment company assets; 5-14-99 species: custody outside the TREASURY DEPARTMENT PENS is a free electronic mail United States; comments notification service of newly Columbian white-tailed deer; Comptroller of the Currency due by 7-15-99; published enacted public laws. To comments due by 7-12- 5-6-99 Community bank-focused subscribe, send E-mail to 99; published 5-11-99 regulation review; comments TRANSPORTATION [email protected] with JUSTICE DEPARTMENT due by 7-12-99; published DEPARTMENT the text message: Immigration and 5-12-99 Coast Guard Naturalization Service Community development SUBSCRIBE PUBLAWS-L Your Name. Documentary requirements: Drawbridge operations: corporations, projects, and other public welfare Nonimmigrants; waivers; Maryland; comments due by Note: This service is strictly investments; comments due admission of certain 7-13-99; published 5-14- for E-mail notification of new by 7-12-99; published 6-10- inadmissible aliens; parole: 99 public laws. The text of laws 99 Haiti; adjustment for status Pollution: is not available through this of Haitian nationals; National Invasive Species TREASURY DEPARTMENT service. PENS cannot respond comments due by 7-12- Act of 1996; Practice before Internal to specific inquiries sent to 99; published 5-12-99 implementation; comments Revenue Service; general this address.
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