Pages 53179±53580 Vol. 64 10±1±99 eDt 2SP9 82 e 0 99Jt134 O000Fm001Ft41 ft41 :F\M0OW.X fm1PsN:01OCWS pfrm11 E:\FR\FM\01OCWS.XXX Sfmt4710 Fmt4710 Frm00001 PO00000 Jkt183247 18:20Sep30, 1999 VerDate 22-SEP-99 No. 190 federal register October 1,1999 Friday 1 II Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999

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. 190

Friday, October 1, 1999

Agricultural Marketing Service Regattas and marine parades: RULES Winston Offshore Cup, 53208–53209 Avocados grown in Florida and imported, 53181–53186 Technical amendments, 53220–53230

Agriculture Department Commerce Department See Agricultural Marketing Service See International Trade Administration See Food Safety and Inspection Service See National Oceanic and Atmospheric Administration See Foreign Agricultural Service NOTICES See Forest Service Agency information collection activities: See Grain Inspection, Packers and Stockyards Submission for OMB review; comment request, 53317– Administration 53318 See National Agricultural Statistics Service See Rural Business-Cooperative Service Committee for Purchase From People Who Are Blind or Severely Disabled Air Force Department NOTICES NOTICES Procurement list; additions and deletions, 53315–53316 Active military service and discharge determinations: Operational Analysis Group of Scientific Research and Commodity Futures Trading Commission Development Office, Emergency Management Office, NOTICES serving overseas with U.S. Army Air Corps (1941- Commodity Exchange Act: 1945), 53364–53365 London Clearing House; exemption petition, 53346– 53364 Antitrust Division NOTICES Defense Department National cooperative research notifications: See Air Force Department Auto Body Consortium, Inc.: Intelligent Resistance See Army Department Welding Joint Venture, 53415 See Engineers Corps Joint Tactical Radio System, 53415–53416 RULES Language Systems Inc., 53416 Acquisition regulations: Semiconductor Research Corp., 53416 Officials not to benefit clause; formats update Water Heater Industry Joint Research and Development Correction, 53447 Consortium, 53416 Federal Acquisition Regulation (FAR): Technical amendments Army Department Correction, 53264 See Engineers Corps NOTICES NOTICES Environmental statements; availability, etc.: Patent licenses; non-exclusive, exclusive, or partially National Missile Defense System; deployment, 53364 exclusive: Meetings: BONTEX, 53365 Scientific Advisory Board, 53364 Dycor, U.S.A., Inc., 53365 Novel fire extinguishing agents, apparatus for preparing Education Department and disseminating, etc., 53366 NOTICES Ultra-wide bandwidth field stacking balun, 53366 Grants and cooperative agreements; availability, etc.: Direct grant and fellowship programs; preparation and Blind or Severely Disabled, Committee for Purchase From submission by applicants adversely affected by People Who Are Hurricance Floyd, 53567–53569 See Committee for Purchase From People Who Are Blind or Meetings: Severely Disabled Indian Education National Advisory Council, 53368

Civil Rights Commission Employment and Training Administration NOTICES NOTICES Meetings; State advisory committees: Agency information collection activities: West Virginia, 53317 Proposed collection; comment request, 53416–53418

Coast Guard Employment Standards Administration RULES NOTICES Drawbridge operations: Minimum wages for Federal and federally-assisted Louisiana, 53209–53210 construction; general wage determination decisions, Merchant marine officers and seamen: 53418–53420 Licenses, certificates of registry, and merchant mariner documents; user fees Energy Department Correction, 53230–53231 See Federal Energy Regulatory Commission

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Engineers Corps Federal Communications Commission NOTICES RULES Environmental statements; availability, etc.: Common carrier services: New York and New Jersey Harbor navigation study, Telecommunications Act of 1996; implementation— 53366–53367 Customer proprietary network information and other customer information; telecommunications carriers’ use, 53242–53264 Environmental Protection Agency Wireless telecommunications services— RULES Universal licensing system; development and use Air pollutants, hazardous; national emission standards: facilitation, 53231–53242 Radon emissions from phosphogypsum stacks Correction, 53212–53213 Federal Energy Regulatory Commission Air quality implementation plans; approval and NOTICES promulgation; various States: Electric rate and corporate regulation filings: California, 53210–53212 AEP Power Marketing, Inc., et al., 53370–53372 Superfund program: Armstrong Energy LLC et al., 53372–53374 National oil and hazardous substances contingency Environmental statements; availability, etc.: plan— Ravenscroft, Vernon, 53374 National priorities list update, 53213 Environmental statements; notice of intent: PROPOSED RULES Koch Gateway Pipeline Co., 53374–53375 Air quality implementation plans; approval and Hydroelectric applications, 53375–53377 promulgation; various States: Applications, hearings, determinations, etc.: Nevada, 53303–53304 Burlington Resources Oil & Gas Co., 53368–53369 Radiation protection programs: Consumers Energy Co., 53369 Yucca Mountain, NV; environmental protection standards Koch Gateway Pipeline Co., 53369–53370 Public hearings, 53304–53305 Reliant Energy Gas Transmission Co., 53370 Water programs: Federal Mine Safety and Health Review Commission Water quality planning and management, 53304 NOTICES NOTICES Agency information collection activities: Senior Executive Service: Proposed collection; comment request, 53377–53379 Performance Review Board; membership, 53420 Environmental statements; availability, etc.: Federal Railroad Administration Agency statements— NOTICES Comment availability, 53380–53381 Exemption petitions, etc.: Weekly receipts, 53379–53380 Utah Transit Authority, 53435–53444 Grants and cooperative agreements; availability, etc.: Traffic control systems; discontinuance or modification: National Environmental Education Training Program, Burlington Northern & Santa Fe Railway, 53444 53381–53388 Union Pacific Railroad Co., 53444–53445 Meetings: National Drinking Water Advisory Council, 53389 Federal Reserve System Scientific Counselors Board Executive Committee, 53389 RULES Superfund; response and remedial actions, proposed Procedure rules: settlements, etc.: Branch notice applications, etc.; technical amendment, Carolina Creosoting Corp. Site, NC 53188–53189 Withdrawn, 53389 NOTICES Banks and bank holding companies: Change in bank control, 53390 Executive Office of the President Change in bank control; correction, 53389–53390 See Presidential Documents Formations, acquisitions, and mergers, 53390 Permissible nonbanking activities, 53390–53391 Federal Aviation Administration Meetings: Consumer Advisory Council, 53391 RULES Air traffic operating and flight rules, etc.: Federal Retirement Thrift Investment Board High density airports; takeoff and landing slots and slot NOTICES allocation procedures, 53557–53565 Meetings; Sunshine Act, 53391 Airworthiness directives: Airbus, 53189–53190 Fish and Wildlife Service Empresa Brasileira de Aeronautica S.A., 53193–53195 NOTICES Short Brothers, 53191–53192 Environmental statements; availability, etc.: PROPOSED RULES Incidental take permits— Airworthiness directives: San Joaquin County, CA; Aleutian Canada goose, etc., Boeing, 53275–53280 53401–53403 NOTICES Advisory circulars; availability, etc.: Food and Drug Administration Aircraft— RULES Inspection and repair; acceptable methods, techniques, Medical devices: and practices, 53435 Mammography quality standards, 53195

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PROPOSED RULES Housing and Urban Development Department Animal drugs, feeds, and related products: RULES Approved and abbreviated new drug applications; Low income housing: supplements and other changes, 53281–53294 Housing assistance payments (Section 8)— Medical devices: Fair market rent schedules for rental certificate, loan General hospital and personal use devices— management, property disposition, moderate Subcutaneous, implanted, intravascular infusion port rehabilitation, rental voucher programs, etc., and catheter, and percutaneous, implanted long- 53449–53509 term intravasuclar catheter; classification, 53294– NOTICES 53298 Agency information collection activities: NOTICES Reporting and recordkeeping requirements, 53397–53398 Agency information collection activities: Submission for OMB review; comment request, 53398 Proposed collection; comment request, 53392–53393 Grants and cooperative agreements; availability, etc.: Reports and guidance documents; availability, etc.: Facilities to assist homeless— Approved new animal drug applications, etc.; chemistry, Excess and surplus Federal property, 53398–53400 manufacturing, and control changes; industry Public and Indian housing: guidance, 53393–53394 Obsolete public housing documents, 53400–53401

Food Safety and Inspection Service Indian Affairs Bureau RULES NOTICES Meat and poultry inspection: Agency information collection activities: Accurate weights, repairs, adjustments, and replacement Proposed collection; comment request, 53403–53404 after inspection; scale requirements, 53186–53188 Tribal-State Compacts approval; Class III (casino) gambling: Elwha S’Klallam Tribe, WA, 53404 Foreign Agricultural Service Interior Department NOTICES Meetings: See Fish and Wildlife Service International Consultative Group on Food Irradiation, See Indian Affairs Bureau See Land Management Bureau 16th Annual, 53308–53310 See Minerals Management Service Forest Service See National Park Service See Reclamation Bureau NOTICES See Surface Mining Reclamation and Enforcement Office Agency information collection activities: Proposed collection; comment request, 53310–53311 International Trade Administration NOTICES General Services Administration Antidumping: RULES Carbon steel wire rod from— Federal Acquisition Regulation (FAR): Argentina, 53321–53323 Technical amendments Sulfanilic acid from— Correction, 53264 China, 53323 NOTICES Tapered roller bearings and parts, finished and Environmental statements; notice of intent: unfinished, etc., from— San Diego, CA; Virginia Avenue Border Crossing/San Japan, 53323–53329 Ysidro Port of Entry, 53392 Antidumping and countervailing duties: Administrative review requests, 53318–53320 Grain Inspection, Packers and Stockyards Administration Five-year (sunset) reviews— NOTICES Initiation of reviews, 53320–53321 Agency designation actions: Cheese quota; foreign government subsidies: California, 53311–53312 Quarterly update, 53330–53331 Various States, 53312–53314 Countervailing duties: Carbon steel wire rod from— Health and Human Services Department Argentina, 53331–53332 See Food and Drug Administration Cold-rolled flat-rolled carbon-quality steel products See Health Care Financing Administration from— See Health Resources and Services Administration Brazil, 53332–53338 Overseas trade missions: Health Care Financing Administration 1999 trade missions (November 1999 and February-March NOTICES 2000); application opportunity, 53338–53339 Medicare: Applications, hearings, determinations, etc.: Demonstration project proposals, new and pending— National Renewable Energy Laboratory, 53329–53330 Lifestyle modification program; implementation, 53394 Physicians’ services; sustainable growth rate (2000 FY), International Trade Commission 53394–53396 NOTICES Import investigations: Health Resources and Services Administration CD-ROM controllers and products containing same, NOTICES 53409 Agency information collection activities: Hot-rolled lead and bismuth carbon steel products from— Proposed collection; comment request, 53396–53397 Various countries, 53409–53412

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Sulfanilic acid from— National Highway Traffic Safety Administration China and India, 53412–53414 NOTICES Meetings: Justice Department Emerging vehicle technologies; strategies addressing See Antitrust Division potential driver distractions, 53445–53446 NOTICES Pollution control; consent judgments: National Oceanic and Atmospheric Administration Cape Chem Corp. et al., 53414 RULES Elmer’s Crane & Dozer, Inc., 53414–53415 Marine mammals: Witco Corp. et al., 53415 Beluga whales havested in Cook Inlet, AK; marking and reporting by Alaskan Natives, 53269 Labor Department PROPOSED RULES See Employment and Training Administration Fishery conservation and management: See Employment Standards Administration Alaska; fisheries of Exclusive Economic Zone— Gulf of Alaska and Bering Sea and Aleutian Islands Land Management Bureau groundfish, 53305–53307 RULES NOTICES General management: Agency information collection activities: Public administrative procedures— Proposed collection; comment request, 53339 Application procedures, 53213–53217 Grants and cooperative agreements; availability, etc.: Minerals management: Community-Based Restoration Program, 53339–53343 Leasing of solid minerals other than coal and oil shale, Meetings: 53511–53556 Caribbean Fishery Management Council, 53343–53345 Mining claims under general mining laws; surface New England Fishery Management Council, 53345 management, 53218–53220 Pacific Fishery Management Council, 53345 NOTICES Science Advisory Board, 53346 Environmental statements; availability, etc.: National Park Service Book Cliffs Resource Area, UT, 53404–53405 Meetings: NOTICES Resource Advisory Councils— Mining plans of operation; availability, etc.: Mojave National Preserve, CA, 53407 Sierra Front-Northwestern Great Basin, Northeastern Great Basin, and Mojave-Southern Great Basin, Nuclear Regulatory Commission 53405 PROPOSED RULES Oil and gas leases: Production and utilization facilities; domestic licensing: Wyoming, 53405 Nuclear power plants— Realty actions; sales, leases, etc.: Emergency core cooling system evaluation models, California, 53405–53406 53270–53275 Colorado, 53406–53407 NOTICES Environmental statements; availability, etc.: Minerals Management Service Commonwealth Edison Co., 53423 RULES Meetings: Outer Continental Shelf; oil, gas, and sulphur operations: Reactor Safeguards Advisory Committee, 53423–53424 Coastal zone consistency review of exploration plans and Applications, hearings, determinations, etc.: development and production plans, 53195–53200 Detroit Edison Co., 53421–53423 PROPOSED RULES Outer Continental Shelf; oil, gas, and sulphur operations: Personnel Management Office Producer-operated pipelines that cross directly into State RULES waters, 53298–53302 Prevailing rate systems, 53179–53181 NOTICES Mine Safety and Health Federal Review Commission Meetings: See Federal Mine Safety and Health Review Commission Federal Prevailing Rate Advisory Committee, 53424 Privacy Act: National Aeronautics and Space Administration Systems of records, 53424–53426 RULES Federal Acquisition Regulation (FAR): Presidential Documents Technical amendments ADMINISTRATIVE ORDERS Correction, 53264 East Timor; military assistance to multinational force NOTICES (Presidential Determination No. 99-39 of September 21, Meetings: 1999), 53575 Advisory Council India and Pakistan; waiver of sanctions (Presidential Life and Microgravity Sciences and Applications Determination No. 99-38 of September 21, 1999), Advisory Committee, 53420–53421 53571–53573 Task Forces, 53420 Ireland, International Fund for; U.S. contributions (Presidential Determination No. 99-41 of September 22, National Agricultural Statistics Service 1999), 53579 NOTICES Kosovo, United Nations Interim Administration Mission in; Agency information collection activities: military assistance (Presidential Determination No. 99- Proposed collection; comment request, 53314–53315 40 of September 21, 1999), 53577

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Public Health Service Surface Transportation Board See Food and Drug Administration RULES See Health Resources and Services Administration Miscellaneous amendments, 53264–53269

Reclamation Bureau Transportation Department NOTICES See Coast Guard Environmental statements; notice of intent: See Federal Aviation Administration Colorado River Storage Project, Navajo Unit, NM and CO; See Federal Railroad Administration operations; meetings, 53407–53408 See National Highway Traffic Safety Administration Meetings: See Surface Transportation Board Colorado River Basin Salinity Control Advisory Council, NOTICES 53408 Meetings: Amtrak Reform Council, 53434–53435 Rural Business-Cooperative Service NOTICES Veterans Affairs Department Agency information collection activities: PROPOSED RULES Proposed collection; comment request, 53315 Board of Veterans Appeals: Appeals regulations and rules of practice— Securities and Exchange Commission Simultaneously contested claims, 53302–53303 NOTICES NOTICES Applications, hearings, determinations, etc.: Committees; establishment, renewal, termination, etc.: Daewoo Capital Management Co., Ltd., et al., 53426– Veterans Readjustment Advisory Committee, 53446 53428 Women Veterans Advisory Committe, 53446 Endeavor Series Trust et al., 53428–53430 Public utility holding company filings, 53430–53433 Separate Parts In This Issue Small Business Administration NOTICES Part II Agency information collection activities: Department of Housing and Urban Development, 53449– Proposed collection; comment request, 53433 53509 Submission for OMB review; comment request, 53433– 53434 Part III Disaster loan areas: Department of Interior, Bureau of Land Management, Pennsylvania, 53434 53511–53556 Virginia, 53434 Part IV State Department Department of Transportation, Federal Aviation NOTICES Administration, 53557–53565 Foreign Assistance Act, etc.; nonproliferation controls; determinations, 53434 Part V Department of Education, 53567–53569 Statistical Reporting Service See National Agricultural Statistics Service Part VI The President, 53571–53579 Surface Mining Reclamation and Enforcement Office RULES Permanent program and abandoned mine land reclamation Reader Aids plan submissions: Consult the Reader Aids section at the end of this issue for West Virginia, 53200–53203 phone numbers, online resources, finding aids, reminders, Wyoming, 53203–53208 and notice of recently enacted public laws.

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CFR PARTS AFFECTED IN THIS ISSUE 49 CFR 1002...... 53264 A cumulative list of the parts affected this month can be found in the 1003...... 53264 1007...... 53264 Reader Aids section at the end of this issue. 1011...... 53264 1012...... 53264 3 CFR 43 CFR 1014...... 53264 Administrative orders: 1820...... 53213 1017...... 53264 3500...... 53512 1018...... 53264 Presidential Determinations: 3510...... 53512 1019...... 53264 No. 99±38 of 3520...... 53512 1021...... 53264 September 21, 3530...... 53512 1034...... 53264 1999 ...... 53573 3540...... 53512 1039...... 53264 No. 99±39 of 3550...... 53512 1100...... 53264 September 21, 3560...... 53512 1101...... 53264 1999 ...... 53575 3570...... 53512 1103...... 53264 No. 99±40 of 3800...... 53213 1104...... 53264 September 21, 1105...... 53264 46 CFR 1113...... 53264 1999 ...... 53577 1...... 53220 1133...... 53264 No. 99±41 of 2...... 53220 1139...... 53264 September 22, 4...... 53220 1150...... 53264 1999 ...... 53579 10 (2 documents) ...... 53220, 53230 1151...... 53264 5 CFR 12...... 53230 1152...... 53264 532 (2 documents) ...... 53179 1177...... 53264 15...... 53220 1180...... 53264 7 CFR 31...... 53220 1184...... 53264 915...... 53181 34...... 53220 944...... 53181 38...... 53220 50 CFR 52...... 53220 216...... 53269 9 CFR 53...... 53220 317...... 53186 Proposed Rules: 54...... 53220 679...... 53305 381...... 53186 56...... 53220 10 CFR 57...... 53220 Proposed Rules: 58...... 53220 50...... 53270 59...... 53220 61...... 53220 12 CFR 63...... 53220 262...... 53188 64...... 53220 14 CFR 67...... 53220 39 (3 documents) ...... 53189, 68...... 53220 53191, 53193 69...... 53220 93...... 53558 76...... 53220 91...... 53220 Proposed Rules: 95...... 53220 39...... 53275 98...... 53220 21 CFR 105...... 53220 900...... 53195 107...... 53220 Proposed Rules: 108...... 53220 5...... 53281 109...... 53220 25...... 53281 118...... 53220 500...... 53281 125...... 53220 510...... 53281 133...... 53220 558...... 53281 147...... 53220 880...... 53294 151...... 53220 153...... 53220 24 CFR 160...... 53220 888...... 53450 161...... 53220 30 CFR 162...... 53220 250...... 53195 167...... 53220 948...... 53200 169...... 53220 950...... 53202 177...... 53220 181...... 53220 Proposed Rules: 189...... 53220 250...... 53298 193...... 53220 33 CFR 197...... 53220 100...... 53208 199...... 53220 117...... 53209 47 CFR 38 CFR 1...... 53231 Proposed Rules: 13...... 53231 22...... 53231 20...... 53302 64...... 53242 40 CFR 80...... 53231 52...... 53210 87...... 53231 61...... 53212 90...... 53231 300...... 53213 95...... 53231 Proposed Rules: 97...... 53231 52...... 53303 101...... 53231 122...... 53304 48 CFR 123...... 53304 1...... 53264 124...... 53304 15...... 53264 130...... 53304 19...... 53264 131...... 53304 52...... 53264 197...... 53304 237...... 53447

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Rules and Regulations Federal Register Vol. 64, No. 190

Friday, October 1, 1999

This section of the FEDERAL REGISTER scheduling relationships with other pay ACTION: Final rule. contains regulatory documents having general surveys. applicability and legal effect, most of which This change is being made to help SUMMARY: The Office of Personnel are keyed to and codified in the Code of even out the Department of Defense’s Management is issuing a final rule that Federal Regulations, which is published under (DOD’s) wage survey workload and will redefine Jackson County, South 50 titles pursuant to 44 U.S.C. 1510. stems from DOD’s recent acquisition of Dakota, from the area of application of The Code of Federal Regulations is sold by lead agency responsibility for 23 Federal the Eastern South Dakota appropriated the Superintendent of Documents. Prices of Wage System (FWS) wage areas from the fund Federal Wage System (FWS) wage new books are listed in the first FEDERAL Department of Veterans Affairs. DOD area to the area of application of the REGISTER issue of each week. requested that a full-scale wage survey Wyoming wage area, and redefine Teton for the Southwestern Michigan wage County, Wyoming, from the area of area be conducted in October 1999 and application of the Wyoming FWS wage OFFICE OF PERSONNEL that a wage change survey be conducted area to the area of application of the MANAGEMENT in October 2000. The timing of the Montana wage area. The redefinition of Southwestern Michigan wage survey Jackson County will place all of 5 CFR Part 532 relative to private sector wage Badlands National Park in one wage RIN 3206±AI68 adjustments will remain unchanged. area and the redefintion of Teton The Federal Prevailing Rate Advisory County will place employees at Grand Prevailing Rate Systems; Change in Committee, the national labor- Teton National Park on the same wage Survey Cycle for the Southwestern management committee responsible for schedule as employees at the nearby Michigan Appropriated Fund Wage advising OPM on matters concerning Yellowstone National Park. Area the pay of FWS employees, reviewed DATES: Effective Date: This regulation is and concurred by consensus with this AGENCY: Office of Personnel effective on November 1, 1999. change. Management. Applicability Date: This regulation ACTION: Final rule. Regulatory Flexibility Act applies on the first day of the first applicable pay period beginning on or I certify that these regulations will not SUMMARY: The Office of Personnel after October 1, 1999. have a significant economic impact on Management is issuing a final rule to a substantial number of small entities FOR FURTHER INFORMATION CONTACT: change the full-scale survey cycle for because they will affect only Federal Jennifer Hopkins, by phone at (202) the Southwestern Michigan agencies and employees. 606–2848, by FAX at (202) 606–0824, or appropriated fund Federal Wage System by email at [email protected]. wage area from odd to even-numbered List of Subjects in 5 CFR Part 532 fiscal years. This change is being made SUPPLEMENTARY INFORMATION: On June Administrative practice and 23, 1999, the Office of Personnel to help even out the local wage survey procedure, Freedom of information, workload of the Department of Defense. Management (OPM) published a Government employees, Reporting and proposed rule (64 FR 33427) to redefine DATE: This final rule is effective on recordkeeping requirements, Wages. Jackson County, South Dakota, from the November 1, 1999. Accordingly, under the authority of 5 area of application of the Eastern South FOR FURTHER INFORMATION CONTACT: U.S.C. 5343, the interim rule (64 FR Dakota appropriated fund Federal Wage Jennifer Hopkins, (202) 606–2848, FAX: 23531) amending 5 CFR part 532 System (FWS) wage area to the area of (202) 606–0824, or e-mail to published on May 3, 1999, is adopted as application of the Wyoming wage area [email protected]. final with no changes. and to redefine Teton County, SUPPLEMENTARY INFORMATION: On May 3, Office of Personnel Management. Wyoming, from the area of application 1999, the Office of Personnel Janice R. Lachance, of the Wyoming wage area to the area Management (OPM) published an Director. of application of the Montana wage area. interim rule (64 FR 23531) to change the [FR Doc. 99–25610 Filed 9–30–99; 8:45 am] Under section 5343 of title 5, United full-scale survey cycle for the States Code, OPM is responsible for BILLING CODE 6325±01±P Southwestern Michigan wage area from defining wage areas. For this purpose, odd to even-numbered fiscal years. The we follow the regulatory criteria interim regulation had a 30-day public OFFICE OF PERSONNEL established in section 532.211 of title 5, comment period, during which OPM MANAGEMENT Code of Federal Regulations. The received no comments. The interim rule Federal Prevailing Rate Advisory is therefore being made final. Under 5 CFR Part 532 Committee (FPRAC), the statutory section 532.207 of title 5, Code of national labor-management committee Federal Regulations, the scheduling of RIN 3206±AI74 responsible for advising OPM on wage surveys takes into consideration Prevailing Rate Systems; Redefinition matters concerning the pay of FWS the best timing in relation to wage of the Eastern South Dakota and employees, recommended by consensus adjustments in the principal local Wyoming Appropriated Fund Wage that we redefine Jackson County, South private enterprise establishments, Areas Dakota, and Teton County, Wyoming. reasonable distribution of workload of FPRAC found no compelling reasons to the lead agency, timing of surveys for AGENCY: Office of Personnel make other changes in the Eastern South nearby or selected wage areas, and Management. Dakota and Wyoming FWS wage areas.

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The Eastern South Dakota wage area because they will affect only Federal Park continues to meet the regulatory agencies and employees. Petroleum requirements to remain a separate wage Phillips List of Subjects in 5 CFR Part 532 area. There are currently about 550 FWS Pondera Administrative practice and Powder River workers in the wage area, the wage Powell area’s host activity continues to have the procedure, Freedom of information, Prairie capacity to host local wage surveys, and Government employees, Reporting and Ravalli wage surveys in the area continue to recordkeeping requirements, Wages. Richland produce adequate wage data to U.S. Office of Personnel Management. Roosevelt Rosebud determine local prevailing rates. Based Janice R. Lachance, on an analysis of the regulatory criteria Sanders Director. for defining FWS wage areas, FPRAC Sheridan found mixed results for Jackson County. Accordingly, the Office of Personnel Silver Bow Stillwater However, Badlands National Park is Management amends 5 CFR part 532 as follows: Sweet Grass currently split by the boundary of the Teton Wyoming wage area. The park PART 532ÐPREVAILING RATE Toole headquarters is located in the Eastern SYSTEMS Treasure South Dakota wage area, while most of Valley the park is located in the Wyoming 1. The authority citation for part 532 Wheatland wage area. The redefinition of Jackson continues to read as follows: Wibaux County to the Wyoming wage area will Wyoming: Authority: 5 U.S.C. 5343, 5346; § 532.707 Big Horn place the entire park in one wage area. also issued under 5 U.S.C. 552. The Wyoming wage area also Park Teton continues to meet the regulatory 2. Appendix C to subpart B is requirements to remain a separate wage amended by revising the wage area * * * * * area. There are currently about 1,300 listings for the Montana, Eastern South SOUTH DAKOTA FWS workers in the wage area, the wage Dakota, and Wyoming wage areas to EASTERN SOUTH DAKOTA area’s host activity continues to have the read as follows: capacity to host local wage surveys, and Appendix C to Subpart B of Part 532— Survey Area wage surveys in the area continue to Appropriated Fund Wage and Survey Areas South Dakota: produce adequate wage data to * * * * * Minnehaha determine local prevailing rates. Based Area of Application. Survey area plus: on the mixed nature of the regulatory MONTANA analysis findings, there was no clear South Dakota: Survey Area Aurora indication that Teton County should be Montana: Beadle redefined to one wage area more than Cascade Bennett another. However, the two main FWS Lewis and Clark Bon Homme employers in northwestern Wyoming Yellowstone Brookings are Yellowstone National Park and Brown Grand Teton National Park. The parks Area of Application. Survey area plus Brule are connected by the John D. Montana: Buffalo Rockefeller, Jr., Memorial Parkway, with Beaverhead Campbell a distance of only about 8 kilometers (5 Big Horn Charles Mix Blaine Clark miles) separating the parks. Broadwater Clay The parks are located in a region Carbon Codington geographically isolated by the Rocky Carter Corson Mountains from both the Montana and Chouteau Davison Wyoming survey areas. Although the Custer Day regulatory criteria do not favor defining Daniels Deuel Teton County to one wage area more Dawson Dewey than another, we are placing the parks Deer Lodge Douglas in the same wage area based on Fallon Edmunds Fergus Faulk FPRAC’s recommendation. This change Flathead Grant will place all Department of the Interior Gallatin Gregory FWS employees stationed in Garfield Haakon northwestern Wyoming in the same Glacier Hamlin wage area, including those FWS Golden Valley Hand employees assigned to Yellowstone Granite Hanson National Park and Grand Teton National Hill Hughes Park. Jefferson Hutchinson The proposed rule provided a 30-day Judith Basin Hyde public comment period, during which Lake Jerauld Liberty Jones we received two comments, both of Lincoln Kingsbury which supported these changes. McCone Lake Regulatory Flexibility Act Madison Lincoln Meagher Lyman I certify that these regulations will not Mineral McCook have a significant economic impact on Missoula McPherson a substantial number of small entities Musselshell Marshall

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Mellette Harding contacting Jay Guerber, Marketing Order Miner Jackson Administration Branch, Fruit and Moody Lawrence Vegetable Programs, AMS, USDA, P.O. Potter Meade Roberts Perkins Box 96456, room 2525–S, Washington, Sanborn Shannon DC 20090–6456; telephone (202) 720– Spink 2491, Fax: (202) 720–5698, or E-mail: Stanley [FR Doc. 99–25611 Filed 9–30–99; 8:45 am] [email protected]. BILLING CODE 6325±01±P Sully SUPPLEMENTARY INFORMATION: This final Todd rule is issued under Marketing Tripp Agreement No. 121 and Marketing Turner DEPARTMENT OF AGRICULTURE Union Order No. 915, both as amended (7 CFR Walworth Agricultural Marketing Service part 915), regulating the handling of Washabaugh avocados grown in South Florida, Yankton 7 CFR Parts 915 and 944 hereinafter referred to as the ‘‘order.’’ Ziebach The marketing agreement and order are Iowa: [Docket No. FV99±915±2 FR] effective under the Agricultural Dickinson Avocados Grown in South Florida and Marketing Agreement Act of 1937, as Emmet amended (7 U.S.C. 601–674), hereinafter Lyon Imported Avocados; Revision of the Osceola Maturity Requirements for Fresh referred to as the ‘‘Act.’’ Minnesota: Avocados This final rule is also issued under Jackson section 8e of the Act, which provides Lincoln AGENCY: Agricultural Marketing Service, that whenever certain specified Lyon USDA. commodities, including avocados, are Murray ACTION: Final rule. regulated under a Federal marketing Nobles order, imports of these commodities Pipestone SUMMARY: This rule revises the maturity into the United States are prohibited Rock requirements currently prescribed under unless they meet the same or * * * * * the marketing order for avocados grown comparable grade, size, quality, or WYOMING in south Florida, and those specified in maturity requirements as those in effect the avocado import maturity regulation. Survey Area for the domestically produced The marketing order regulates the commodities. Wyoming: handling of avocados grown in south The Department of Agriculture Albany Florida, and is administered locally by (Department) is issuing this rule in Laramie the Avocado Administrative Committee Natrona conformance with Executive Order South Dakota: (Committee). This rule changes maturity 12866. Pennington requirements by adding additional This final rule has been reviewed shipping dates, weights and/or under Executive Order 12988, Civil Area of application. Survey area plus: diameters to the shipping schedule for Justice Reform. This rule is not intended Wyoming: several avocado varieties, and adds to have retroactive effect. This rule will Campbell three new varieties of avocados to the Carbon not preempt any State or local laws, shipping schedule. This rule facilitates regulations, or policies, unless they Converse the shipment of avocados as they Crook present an irreconcilable conflict with Fremont mature, and ensures that only mature this rule. Goshen fruit is shipped to the fresh market. This The Act provides that administrative Hot Springs helps improve grower returns and proceedings must be exhausted before Johnson promotes orderly marketing. parties may file suit in court. Under Lincoln Application of the maturity section 608c(15)(A) of the Act, any Niobrara requirements to imported avocados is Platte handler subject to an order may file required under section 8e of the with the Secretary a petition stating that Sheridan Agricultural Marketing Agreement Act Sublette the order, any provision of the order, or Sweetwater of 1937. any obligation imposed in connection Uinta EFFECTIVE DATE: This final rule becomes with the order is not in accordance with Washakie effective October 4, 1999. law and request a modification of the Weston FOR FURTHER INFORMATION CONTACT: order or to be exempted therefrom. A Nebraska: Doris Jamieson, Southeast Marketing handler is afforded the opportunity for Banner Field Office, Marketing Order a hearing on the petition. After the Box Butte Cheyenne Administration Branch, F&V, AMS, hearing the Secretary would rule on the Dawes USDA, P.O. Box 2276, Winter Haven, petition. The Act provides that the Deuel Florida 33883; telephone: (941) 299– district court of the United States in any Garden 4770, Fax: (941) 299–5169; or George district in which the handler is an Kimball Kelhart, Technical Advisor, Marketing inhabitant, or has his or her principal Morrill Order Administration Branch, Fruit and place of business, has jurisdiction to Scotts Bluff Vegetable Programs, AMS, USDA, room review the Secretary’s ruling on the Sheridan 2525–S, P.O. Box 96456, Washington, petition, provided an action is filed not Sioux South Dakota: DC 20090–6456; telephone: (202) 720- later than 20 days after the date of the Butte 2491, Fax: (202) 720–5698. Small entry of the ruling. Custer businesses may request information on There are no administrative Fall River complying with this regulation by procedures which must be exhausted

VerDate 22-SEP-99 10:47 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\A01OC0.200 pfrm01 PsN: 01OCR1 53182 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations prior to any judicial challenge to the shipped to the fresh market, which is Each covered variety has its own set of provisions of import regulations issued expected to help improve grower dates on the maturity schedule. The under section 8e of the Act. returns and promote orderly marketing. maturity requirements and dates for the Under the terms of the marketing The Committee met and unanimously various varieties of avocados are order, fresh market shipments of Florida recommended these changes late last different because individual varieties avocados are required to be inspected year. have different characteristics and and are subject to grade, size, maturity, Section 915.51 of the order provides growing seasons. As previously pack, and container requirements. The the authority to issue regulations mentioned, the schedule is broken up maturity requirements for Florida establishing specific maturity into A, B, C, and D dates, though not all avocados are intended to prevent the requirements for avocados. The maturity varieties have dates and requirements shipment of immature avocados. This requirements for avocados grown in for each. helps to improve buyer confidence in Florida, based on minimum weights, The different dates are used to reflect the marketplace, and foster increased diameters, and skin color in § 915.332 (7 the ripening time associated with the consumption. Current maturity CFR 915.332) of the order, are in effect individual varieties. Larger fruit within requirements for the varieties of on a continuous basis. The maturity a variety matures earlier, while smaller- avocados grown in Florida are requirements specify minimum weights sized fruit takes longer to mature. expressed in terms of minimum weights and diameters for specific shipping Consequently, A dates are associated and diameters for specific dates during periods for approximately 60 varieties of with larger sizes and weights, and are the shipping period (hereinafter referred avocados, and color specifications for established for shipments early in a to as the avocado maturity shipping those varieties which turn red or purple variety’s season. D dates are established schedule, maturity schedule, or when mature. The maturity for the end of a variety’s season when shipping schedule), and color requirements and dates for the various all fruit should be mature, and releases specifications for those varieties of varieties of avocados are different all remaining sizes and weights. avocados that turn red or purple when because each variety has different For a majority of varieties, the mature. The maturity requirements for characteristics and maturity times. schedule also includes B and C shipping the various varieties of avocados are This rule makes several changes to the dates that fall somewhere in between different, because each variety has maturity provisions under the order. the A and D dates for the particular different growing and maturation The first change adds B or C shipping variety. These dates provide for a characteristics. The maturity dates, with specific minimum weight, gradual shift in the maturity standards requirements for each variety are based and/or minimum diameter from the beginning of the season to its on test results. A minimum grade measurements to the shipping schedule end, allowing for the shipment of requirement of U.S. No. 2 is also in for the Arue, Beta, Donnie, Leona, smaller sizes and weights as a variety effect for Florida avocados. Loretta, and Tower II varieties. Section matures. However, not all varieties have This rule changes the avocado 915.332 of the order rules and established dates and requirements for B maturity shipping schedule for various regulations outlines the maturity and C dates. Because of the nature and varieties currently prescribed in requirements for avocados using a volume of the varieties when they were paragraph (a)(2) of § 915.332 under the maturity schedule. Over the years, the added to the schedule, the Committee, order. The shipping schedule for each maturity schedule has been determined in the past, did not believe that variety is divided into A, B, C, and D to be the best indicator of maturity for establishing B and C dates for some dates which reflect different ripening the different varieties of avocados grown varieties was necessary. times associated with the individual in Florida, and growers and handlers This rule permits varieties of variety. The dates for a particular rely on the schedule in making avocados of certain minimum weights variety are established to regulate the harvesting, packing, and shipping and diameters to be shipped by handlers shipment of smaller-sized avocados, decisions. The maturity requirements earlier than currently required. This rule which tend to take longer to mature. are designed to make sure that all adds a C date for Arue variety avocados Consequently, A dates are associated shipments of Florida avocados are so those with a minimum weight of 12 with larger diameter, heavier fruit, and mature, so as to provide consumer ounces can be shipped by June 20, or are established for early season satisfaction essential for the successful the nearest Monday to that date each shipments. D dates are established for marketing of the crop, and to provide year. Currently, Arue variety avocados the end of a variety’s marketing season the trade and consumers with an of this weight cannot be shipped until and allow the remaining smaller-sized adequate supply of mature avocados in July 4. This rule adds a C date for Beta mature fruit to be shipped. For a the interest of producers and variety avocados so those with a majority of the avocado varieties, the consumers. minimum weight of 14 ounces or a maturity schedule includes B and C The maturity requirements for minimum diameter of 33⁄16 inches can dates that fall somewhere between the A specified periods are based on the be shipped by August 29, or the nearest and D dates for the particular variety. growing, harvesting, and maturity Monday to that date each year. This rule adds B or C shipping dates, periods for the various varieties of Currently, Betas of this weight or size with specific minimum weight, and/or Florida avocados. Such requirements cannot be shipped until September 5. minimum diameter measurements to the prescribe minimum weights and/or This rule also adds a C date for Donnie shipping schedule for the Arue, Beta, diameters for specified periods as the avocados so that those with a minimum Donnie, Leona, Loretta, and Tower II maturity requirements for different weight of 12 ounces can be shipped by varieties. It also adds three new varieties varieties of avocados. These June 20, or the nearest Monday to that of avocados, the Semil 34, Semil 43, and requirements are used as indicators date each year. Currently, Donnies of the Melendez, to the maturity schedule, during harvest to determine which this weight cannot be shipped until July including specific shipping avocados are sufficiently mature to 4. This rule also adds a B date for Leona requirements for each. This rule complete the ripening process. avocados so that those with a minimum facilitates the shipment of these The maturity requirements pertain to weight of 16 ounces can be shipped by varieties of avocados as they mature, certain dates. These dates are October 3, or the nearest Monday to that and ensures that only mature fruit is established based on years of testing. date each year. Currently, Leonas of this

VerDate 22-SEP-99 10:47 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\A01OC0.087 pfrm01 PsN: 01OCR1 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53183 weight cannot be shipped until October The above avocado varieties were grown in Florida utilized in commercial 10. This rule adds a C date for Loretta tested by the Committee to better processing are not subject to the grade avocados so that those with a minimum identify the maturity of avocados grown and maturity requirements under the weight of 22 ounces or a minimum in South Florida. The Committee based order. diameter of 312⁄16 inches can be shipped its recommendations on the testing data. Section 8e of the Act provides that by September 19, or the nearest Monday This rule also adds three new when certain domestically produced to that date each year. Currently, varieties of avocados to the avocado commodities, including avocados, are Lorettas of this weight or size cannot be maturity shipping schedule. A few years regulated under a Federal marketing shipped until September 26. This rule ago, budwood for the Semil 34, Semil order, imports of that commodity must also adds a C date for Tower II avocados 43, and Melendez varieties was obtained meet the same or comparable grade, so that those with a minimum weight of and evenly distributed among those size, quality, and maturity requirements. 10 ounces or a minimum diameter of growers interested in the new varieties. Since this rule revises the maturity 32⁄16 inches can be shipped by August Growers who planted these varieties requirements under the domestic 29, or the nearest Monday to that date have been pleased with the production handling regulations, a corresponding each year. Currently, Tower II variety and quality of the fruit. The new change to the avocado import maturity avocados of this weight or size cannot varieties have also been well received in regulations must also be made. be shipped until September 5. This the market place. These varieties Maturity requirements for avocados action was recommended by the currently make up less than 1 percent of imported into the United States are Committee because it believes that for domestic shipments. currently in effect under § 944.31 (7 CFR the varieties listed above, the absence of Committee members believe that the 944.31). The Hass, Fuerte, Zutano, and B or C dates left too much of a gap production of the Semil 43, Semil 34, Edranol varieties of avocados currently between the A and D dates. and Melendez varieties will continue to are exempt from the maturity schedule, Because smaller sizes were maturing increase. Therefore, maturity dates and and continue to be exempt under this before the next available shipping date, requirements are needed to ensure that final rule. However, these varieties are quantities of small mature fruit could be only mature fruit is shipped to the fresh not exempt from the grade import lost to fruit drop during the time gap market. Growers have indicated they regulation, which is not being changed. before it could be harvested and would be replacing other varieties with This rule adds B or C shipping dates, shipped. With tree crops, incidents of these varieties or planting more acres of with specific minimum weight, and/or fruit dropping from the limbs occurs these new varieties. In the past, the minimum diameter measurements to the due to weather, disease, or other reasons Committee has used the 100 bushel avocado maturity shipping schedule for depending on the particular crop. Fruit mark in its considerations of whether to the Arue, Beta, Donnie, Leona, Loretta, drop can increase as the fruit begins to add or delete varieties from the shipping and Tower II varieties offered for mature. It is usually best to harvest the schedule. In the case of these three importation into the United States. It crop as close to maturity as possible to varieties, production has exceeded the also adds three new varieties of minimize fruit drop. In the case of 100 bushel mark and the Committee avocados, the Semil 34, Semil 43, and avocados, when fruit drops from the tree projects that production will continue to the Melendez, to the maturity schedule, it can experience bruising, insect increase because they show so much including specific shipping damage, or reach a stage of ripeness promise. requirements for each. The domestic where it cannot successfully be packed As with all varieties currently listed maturity requirements for specified without being bruised. This results in an on the maturity schedule, the fruit was periods are based on the growing, economic loss for growers and handlers. tested using the Committee’s established maturation, and harvesting The Committee agreed that this has procedures for testing maturity of characteristics of the various varieties of become more of a problem during the avocados grown in south Florida to South Florida avocados. past few years as the production of determine dates when different sizes Import data for calendar years 1995 avocados has increased following the and/or weights become mature. This through April 1999 reveals that the devastation caused by Hurricane information is then used to recommend major exporters of avocados to the Andrew in 1992. the dates and requirements for addition United States are Chile, Mexico, As an example of the problem, to the schedule. The Committee has Dominican Republic, and the Bahamas. consider the Arue variety. This variety tested the new varieties for the past few Imports from these countries totaled currently has scheduled A, B, and D seasons. Adding them as regulated 18,577 metric tons in 1995, 25,405 in dates. However, the absence of a C date varieties would place them under the 1996, 26,562 in 1997, 60,611 metric tons leaves a five-week gap between the B maturity requirements as are other in 1998, and 9,261 through April of and D dates. This means that the covered avocado varieties. This prevents 1999. Other exporting countries include minimum weight for the Arue variety shipments of immature avocados to the New Zealand, Belize, Israel, and remains at 14 ounces for this five-week fresh market, especially during the early Ecuador. Imports from the latter group period until the D date is reached part of the harvest season for each of of countries are small and sporadic. releasing all weights. By filling the gap these varieties. Providing fresh markets Chile is the predominant exporting with a C date falling between the B and with mature fruit is an important aspect country. Imports from Chile are growing D dates, and a minimum weight of 12 of creating consumer satisfaction and is and reached 44,757 metric tons in ounces based on the Committee’s in the interest of both producers and calendar year 1998. Chile exports maturity testing procedures, smaller consumers. avocados into the United States sizes of this variety can be shipped as Florida avocado handlers may ship, predominately during the months of they mature. Similar situations exist for exempt from the minimum grade and August through December. However, the Beta, Donnie, Leona, Loretta, and maturity requirements effective under exports have occurred during the period Tower II varieties, and the relaxed the order, up to 55 pounds of avocados from January through May, and in 1999, maturity requirements permit handlers during any one day under a minimum Chile exported some avocados during to ship the fruit as it reaches satisfactory quantity provision, and up to 20 pounds the period January through April. The maturity, and avoid losses caused by of avocados as gift packs in individually major varieties imported from Chile are fruit drop. addressed containers. Also, avocados Hass, Fuerte, Zutano, and Edranol, all of

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Thus, both statutes have small rule adds B or C shipping dates, with subject to grade requirements. entity orientation and compatibility. specific minimum weight, and/or During calendar year 1998, Mexico Import regulations issued under the Act minimum diameter measurements to the was the second largest exporter of are based on those established under shipping schedule for the Arue, Beta, avocados into the United States. In Federal marketing orders. Donnie, Leona, Loretta, and Tower II 1998, exports from Mexico totaled 9,295 There are approximately 141 avocado varieties. It also adds three new varieties metric tons. Mexican shipments of fresh producers in the production area and of avocados, the Semil 34, Semil 43, and avocados to the United States are approximately 49 handlers subject to the Melendez, to the shipping schedule, limited to November through February. regulation under the marketing order. including specific shipping The only variety of avocado imported There are approximately 35 importers of requirements for each. This rule from Mexico is the Hass, and the Hass avocados. Small agricultural producers facilitates the shipment of these variety is exempt from the maturity have been defined by the Small varieties of avocados as they mature, regulation as mentioned earlier. Business Administration (SBA) as those and ensures that only mature fruit is The third major importing country is having annual receipts less than shipped to the fresh market. This helps the Dominican Republic. During 1998, a $500,000, and small agricultural service improve grower returns and promote total of 6,029 metric tons were imported firms are defined as those whose annual orderly marketing. during all 12 months of the year. receipts are less than $5,000,000 (13 This rule has a positive impact on Imports from the Bahamas during this CFR 121.601). affected entities. The changes are period were small and appear to be The average price for fresh avocados recommended to provide additional declining. during the 1997–98 season was $14.60 flexibility in packing avocados and to Non-exempt varieties of avocados per 55 pound bushel box equivalent for ensure that only mature fruit is shipped from the foreign countries in close all domestic shipments and the total to the fresh market. proximity to Florida (Mexico, the shipments were 937,568 bushels. The impact of the change in these Dominican Republic, and Bahamas) Approximately 10 percent of all maturity regulations will not be adverse have similar growing, harvesting, and handlers handled 90 percent of Florida to growers, handlers, and importers. The maturity periods, and have met the avocado shipments. Many avocado application of maturity requirements to minimum weight and diameter maturity handlers ship other tropical fruit and both Florida and imported avocados requirements without any apparent vegetable products which are not over the past several years has helped to problems, and this is expected to included in the Committees’ data but assure that only mature avocados were continue. The import maturity would contribute further to handler shipped to fresh markets. The requirements based on skin color apply receipts. Committee continues to believe that the to avocados which turn red or purple Using these prices, about 90 percent maturity requirements for Florida when mature. of avocado handlers could be avocados are needed to improve grower A survey of Fresh Products Branch considered small businesses under the returns. Preventing the shipment of inspection offices checking imported SBA definition and about 10 percent of immature avocados improves buyer avocados in 1998 revealed that most of the handlers could be considered large confidence in the marketplace, and the imported avocados were of the Hass businesses. Although specific data is fosters increased consumption. Florida variety. unavailable, the Department believes avocado producers and handlers have This rule facilitates shipments of that the majority of avocado producers found such maturity requirements avocados as they mature, and ensures and importers may be classified as small beneficial in the successful marketing of that only mature fruit is shipped to the entities. their avocado crop. fresh market. Thus, importers benefit Section 915.51 of the order provides The change that adds B or C dates to from the changes in maturity the authority to issue regulations six varieties under the order will not requirements, just like Florida growers establishing specific maturity create any additional costs. This change and handlers. requirements for avocados. Maturity relaxes requirements and facilitates the In the maturity schedule tables in requirements for avocados grown in shipment of smaller-sized fruit as it §§ 915.332 and 944.31, the entries for Florida, based on minimum weights, matures. Growers have noticed that ‘‘Tower’’ are removed and entries for diameters, and skin color, are specified smaller-sized fruit of these varieties has ‘‘Tower II’’ are inserted in their place. in § 915.332 (7 CFR 915.332) of the been maturing prior to the currently This is being done to correct the name order, and are in effect on a continuous specified shipping dates. This has of the avocado variety listed in each of basis. These maturity requirements caused an increased incidence of fruit the tables. specify minimum weights and drop, resulting in an economic loss to Pursuant to requirements set forth in diameters for specific shipping periods both growers and handlers. The the Regulatory Flexibility Act (RFA), the for approximately 60 varieties of additional minimum weights and/or Agricultural Marketing Service (AMS) avocados, and color specifications for diameters for the six varieties will allow has considered the economic impact of those varieties which turn red or purple growers to pick the fruit as it matures, this action on small entities. when mature. The maturity and reduce fruit loss while still Accordingly, AMS has prepared this requirements and dates for the various supplying the market with mature fruit. final regulatory flexibility analysis. varieties of avocados are different The change that adds three additional The purpose of the RFA is to fit because each variety has different varieties to the schedule will also be regulatory actions to the scale of varietal characteristics and maturity beneficial in that regard. During the business subject to such actions in order times. 1997–98 season, the three additional that small businesses will not be unduly This rule makes several changes to the varieties comprised less than 1 percent or disproportionately burdened. order’s maturity rules and regulations. of total shipments from south Florida. Marketing orders issued pursuant to the This rule revises maturity requirements While this rule may result in some

VerDate 22-SEP-99 10:47 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\A01OC0.089 pfrm01 PsN: 01OCR1 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53185 additional costs by requiring fruit to duplication by industry and public will tend to effectuate the declared meet minimum weight and/or diameter sectors. In addition, the Department has policy of the Act. maturity standards, the benefits are not identified any relevant Federal rules It is further found that good cause expected to outweigh costs. Inspection that duplicate, overlap or conflict with exists for not postponing the effective costs for Florida avocados are 14 cents this rule. date of this rule until 30 days after for a 40 pound package, or equivalent Further, the Committee’s meeting was publication in the Federal Register (5 thereof. Import inspection costs could widely publicized throughout the U.S.C. 553) because handlers are already range from 2.2 cents per package for a avocado industry and all interested shipping avocados from the 1999–2000 dockside inspection up to $86 for an persons were invited to attend the crop and both handlers and importers individual trailer load. Adding these meeting and participate in Committee should be able to take advantage of the varieties to the domestic and import deliberations. Like all Committee changes in the maturity schedule as maturity schedules helps keep meetings, the December 8, 1998, soon as possible. Further, the industry immature fruit from reaching the meeting was a public meeting and all is aware of this rule, which was market. Preventing the shipment of entities, both large and small, were able recommended at a public meeting. Also, immature avocados improves buyer to express their views on this issue. a 30-day comment period was provided confidence in the marketplace, and Finally, interested persons were invited for in the proposed rule, and no fosters increased consumption, thus, to submit information on the regulatory comments were received. improving grower returns. and informational impacts of this action These changes are intended to on small businesses. List of Subjects provide some additional flexibility for In accordance with section 8e of the 7 CFR Part 915 all handlers covered under the order, Act, the United States Trade Avocados, Marketing agreements, while helping to ensure that only Representative has concurred with the Reporting and recordkeeping mature fruit reaches the market. The issuance of this final rule. requirements. opportunities and benefits of this rule A proposed rule concerning this are expected to be equally available to action was published in the Federal 7 CFR Part 944 Register on Friday, August 20, 1999 (64 all avocado handlers and growers Avocados, Food grades and standards, FR 45461). Copies of the rule were regardless of their size of operation. In Grapefruit, Grapes, Imports, Kiwifruit, mailed to all Committee members and addition, importers are expected to Limes, Olives, Oranges. benefit similarly. avocado handlers. The rule was made The change in the avocado maturity available through the Internet by the For the reasons set forth above, 7 CFR shipping schedule is expected to benefit Office of the Federal Register. Copies of parts 915 and 944 are amended as the marketers of both Florida and the proposed rule also were sent to all follows: imported avocados by assuring that the known avocado importers and to the PART 915ÐAVOCADOS GROWN IN avocados marketed are of satisfactory foreign embassies of the countries SOUTH FLORIDA maturity. Experience has shown that known to be exporting avocados to the when immature avocados are found in United States. A 30-day comment 1. The authority citation for 7 CFR market channels they tend to weaken period ending September 20, 1999, was parts 915 and 944 continues to read as the market for the mature fruit. Fresh provided to allow interested persons to follows: Products Branch inspection officials respond to the proposal. No comments Authority: 7 U.S.C. 601–674. indicated that the fruit offered for were received. importation has generally met maturity A small business guide on complying § 915.332 [Amended] requirements. Thus, the Department with fruit, vegetable, and speciality crop 2. In § 915.332, Table I, the entry for believes that the changes will not limit marketing agreements and orders may ‘‘Tower’’ is removed and an entry for the quantity of imported avocados or be viewed at the following web site: Tower II is added in its place, the place an undue burden on exporters, or http://www.ams.usda.gov/fv/ entries for ‘‘Beta, Donnie, Loretta, Arue, importers of avocados. The changes are moab.html. Any questions about the and Leona’’ are revised, and a new term expected to continue to foster customer compliance guide should be sent to Jay ‘‘Melendez’’ is added immediately satisfaction and benefit all affected Guerber at the previously mentioned following the term ‘‘Leona’’ and new entities regardless of size. address in the FOR FURTHER INFORMATION terms ‘‘Semil 34’’ and ‘‘Semil 43’’ are This rule will not impose any CONTACT section. added immediately following the term additional reporting or recordkeeping After consideration of all relevant ‘‘Booth 3’’ to read as follows: requirements on either small or large matter presented, including the avocado handlers. As with all Federal information and recommendation § 915.332 Florida avocado maturity marketing order programs, reports and submitted by the Committee and other regulation. forms are periodically reviewed to available information, it is hereby found (a) * * * reduce information requirements and that this rule, as hereinafter set forth, (2) * * *

TABLE I

A Min Min B Min Min C Min Min D Variety Date Wt. Diam. Date Wt. Diam. Date Wt. Diam. Date

******* Tower II ...... 8±01 14 36¤16 8±15 12 34¤16 8±29 10 32¤16 9±05 Beta ...... 8±08 18 38¤16 8±15 16 35¤16 8±29 14 33¤16 9±05

******* Loretta ...... 8±22 30 43¤16 9±05 26 315¤16 9±19 22 312¤16 9±26

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TABLE IÐContinued

A Min Min B Min Min C Min Min D Variety Date Wt. Diam. Date Wt. Diam. Date Wt. Diam. Date

******* Arue ...... 5±16 16 ...... 5±30 14 33¤16 6±20 12 ...... 7±04 Donnie ...... 5±23 16 35¤16 6±06 14 34¤16 6±20 12 ...... 7±04

******* Leona ...... 9±26 18 310¤16 10±03 16 ...... 10±10 Melendez ...... 9±26 26 314¤16 10±10 22 311¤16 10±24 18 37¤16 11±07

******* Semil 34 ...... 10±17 18 310¤16 10±31 16 38¤16 11±14 14 35¤16 11±28 Semil 43 ...... 10±24 18 310¤16 11±7 16 38¤16 11±21 14 35¤16 12±05

*******

* * * * * and Leona’’ are revised, and a new term § 944.31 Avocado import maturity ‘‘Melendez’’ is added immediately regulation. § 944.31 [Amended] following the term ‘‘Leona’’ and new (a) * * * 3. In § 944.31, Table 1, the entry for terms ‘‘Semil 34’’ and ‘‘Semil 43’’ are ‘‘Tower’’ is removed and an entry for (2) * * * added immediately following the term ‘‘Tower II’’ is added in its place, the ‘‘Booth 3’’ to read as follows: entries for ‘‘Beta, Loretta, Arue, Donnie, TABLE I

A Min. B Min. C Min. D Variety Date Min. Wt. Diam. Date Min. Wt. Diam. Date Min. Wt. Diam. Date

******* Tower II ...... 8±01 14 36¤16 8±15 12 34¤16 8±29 10 32¤16 9±05 Beta ...... 8±08 18 38¤16 8±15 16 35¤16 8±29 14 33¤16 9±05

******* Loretta ...... 8±22 30 43¤16 9±05 26 315¤16 9±19 22 312¤16 9±26

******* Arue ...... 5±16 16 ...... 5±30 14 33¤16 6±20 12 ...... 7±04 Donnie 5±23 16 35¤16 6±06 14 34¤16 6±20 12 ...... 7±04

******* Leona ...... 9±26 18 310¤16 10±03 16 ...... 10±10 Melendez ...... 9±26 26 314¤16 10±10 22 311¤16 10±24 18 37¤16 11±07

******* Semil 34 ...... 10±17 18 310¤16 10±31 16 38¤16 11±14 14 35¤16 11±28 Semil 43 ...... 10±24 18 310¤16 11±7 16 38¤16 11±21 14 35¤16 12±05

*******

* * * * * DEPARTMENT OF AGRICULTURE the Federal meat and poultry products Dated: September 27, 1999. inspection regulations to update Eric M. Forman, Food Safety and Inspection Service references to the National Institute of Standards and Technology (NIST) Deputy Administrator, Fruit and Vegetable 9 CFR Parts 317 and 381 Programs. Handbook 44, ‘‘Specifications, Tolerances, and Other Technical [FR Doc. 99–25516 Filed 9–30–99; 8:45 am] [Docket No. 99±016F] Requirements for Measuring Devices.’’ BILLING CODE 3410±02±P The 1999 edition of NIST Handbook 44 Scale Requirements for Accurate was published in November 1998 and is Weights, Repairs, Adjustments, and the most current edition of the Replacement After Inspection handbook. FSIS is amending the AGENCY: Food Safety and Inspection provisions in its regulations that Service, USDA. reference NIST Handbook 44 to reflect ACTION: Direct final rule. this most recent edition. DATES: This rule will be effective on SUMMARY: The Food Safety and November 30, 1999, unless the Agency Inspection Service (FSIS) is amending receives written adverse comments

VerDate 22-SEP-99 10:47 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\A01OC0.092 pfrm01 PsN: 01OCR1 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53187 within the scope of the rulemaking or manufacturers more flexibility in scale rulemaking notice will be withdrawn, written notice of intent to submit design and to allow them to incorporate and a proposed rulemaking notice will adverse comments within the scope of features that better meet the needs of the establish a comment period. the rulemaking on or before November users. Although NIST Handbook 44 Executive Order 12988 1, 1999. If the agency receives relevant addresses a wide range of scales, the adverse comments, it will publish a following summary describes the most This rule has been reviewed under timely withdrawal of the rule, and it significant changes adopted in the Executive Order 12988, Civil Justice will not take effect. The incorporation handbook from 1993 to 1998 that are Reform. This rule (1) preempts all State by reference of the publication listed in applicable to scales used to weigh meat and local law and regulations that are the rule is approved by the Director of products and poultry products inconsistent with this rule; (2) has no the Federal Register as of November 30, produced at meat and poultry retroactive effect; and (3) does not 1999. establishments. require administrative proceedings ADDRESSES: Adverse comments within The new provisions allow scales used before parties may file suit in court the scope of the rulemaking or notice of in retail stores to compute unit prices on challenging this rule. intent to submit adverse comments the basis of price per 100 grams or price per kilogram and permit operator keys Executive Order 12866 and Regulatory within the scope of the rulemaking Flexibility Act should be sent in triplicate to FSIS to be marked with standardized Docket Clerk, DOCKET ι99–016F, Room pictograms. Other changes permit scales This rule has been determined not to 102 Cotton Annex Building, FSIS, U.S. to weigh to 105 percent of their capacity be significant for purposes of Executive Department of Agriculture, Washington, when tare is deducted. This change Order 12866 and therefore, has not been DC 20250–3700. All comments clarifies a requirement that limited reviewed by the Office of Management submitted in response to this direct final device indications. Another general and Budget. rule will be available for public requirement exempts new weighing The Administrator, FSIS, has systems from specific technical inspection in the Docket Clerk’s Office determined that this rule will not have requirements for load cells if the device between 8:30 a.m. and 4:30 p.m., a significant economic impact on a is traceable to a Certificate of Monday through Friday. substantial number of small entities, as Conformance issued by the National defined by the Regulatory Flexibility FOR FURTHER INFORMATION CONTACT: Type Evaluation Program. Act (5 U.S.C. 601). This direct final rule Daniel L. Engeljohn, Ph.D., Director, The most significant change was the merely updates the FSIS regulations to Regulations Development and Analysis adoption of Section 2.24 Automatic reflect the current standards used by Division, Office of Policy, Program Weighing Systems in the 1998 edition of weights and measures officials to Development, and Evaluation, Food Handbook 44, published in November evaluate the technical requirements for Safety and Inspection Service, U.S. 1997, which established specifications, devices used to weigh meat and poultry Department of Agriculture, (202) 720– tolerances, and other technical products. The 1999 edition of NIST 5627. requirements for weigh-labelers and Handbook 44 is currently available and SUPPLEMENTARY INFORMATION: automatic checkweighers. This section being used by scale manufacturers and was developed by the National Background weights and measures officials. Conference on Weights and Measures Under Title 1 of the Code of Federal (NCWM) and NIST at the request of List of Subjects Regulations (1 CFR Part 51), an agency FSIS, so that these types of devices, 9 CFR Part 317 seeking approval of a change to a which are primarily used in weighing, publication that is approved for labeling, or checkweighing packages, Incorporation by reference, Meat incorporation by reference in the Code could be tested to ensure conformance inspection, Net weight. of Federal Regulations (CFR) must with a nationally accepted standard. 9 CFR Part 381 publish a notice of the change in the Copies of the 1999 edition of NIST Federal Register and amend the CFR. Handbook 44 are on file at the Office of Incorporation by reference, Net The agency must also ensure that a copy the Federal Register. Copies of the weight, Poultry and product products. of the amendment or revision is on file publication may be purchased from the For the reasons set out in the at the Office of the Federal Register and Superintendent of Documents, preamble, 9 CFR parts 317 and 381 are notify the Director of the Federal Government Printing Office, amended as set forth below. Register in writing that the change is Washington, DC 20402. being made. PART 317ÐLABELING, MARKING Accordingly, FSIS has reviewed the Effective Date DEVICES, AND CONTAINERS most recent publication of NIST FSIS is publishing this rule without 1. The authority citation for Part 317 Handbook 44 as it pertains to meat prior proposal because it views this continues to read as follows: products and poultry products and has action as non-controversial and reviewed the FSIS regulations that anticipates no adverse public comment. Authority: 21 U.S.C. 601–695; 7 CFR 2.17, reference the handbook. In this direct This rule will be effective, as published 2.55. final rule, FSIS is amending its in this document, 60 days after the date § 317.20 [Amended] regulations to change references to NIST of publication in the Federal Register 2. Section 317.20 is amended by Handbook 44 from the 1994 edition, unless FSIS receives written adverse revising the second sentence of published in November 1993, to the comments within the scope of the paragraph (a) to read as follows: 1999 edition, published in November rulemaking, or written notice of intent 1998. to submit adverse comments within the § 317.20 Scale requirements for accurate The changes to the General Scales scope of the rulemaking, within 30 days weights, repairs, adjustments, and Codes of NIST Handbook 44 from 1993 of the date of publication of this rule in replacement after inspection. through 1998 primarily recognize new the Federal Register. If written adverse (a) * * * Such scales shall meet the features and capabilities of scales. These comments within the scope of the applicable requirements contained in changes were adopted to give scale rulemaking are received, the final National Institute of Standards and

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Technology Handbook 44, the Board is amending the Rules of therefore no longer necessary to specify ‘‘Specifications, Tolerances, and Other Procedure to clarify that the the location for publication of notice of Technical Requirements for Weighing requirement to publish notice in the an application for membership that and Measuring Devices,’’ 1999 Edition, community where a proposed branch would confer insurance. Accordingly, November 1998, which is incorporated would be located does not apply to the Board is amending the Rules of by reference. * ** branch applications incidental to merger Procedure to delete the publication * * * * * applications, which are subject to the location requirement for such separate notice requirements for merger applications. PART 381ÐPOULTRY PRODUCTS applications. Section 262.3(b)(1)(ii)(B) specifies that INSPECTION REGULATIONS EFFECTIVE DATE: October 1, 1999. in the case of an application to establish FOR FURTHER INFORMATION CONTACT: Rick a new branch, notices shall be 3. The authority citation for part 381 published in the communities in which continues to read as follows: Heyke, Counsel, Legal Division, (202) 452–3688. For users of the the head office of the bank and the Authority: 7 U.S.C. 450; 21 U.S.C. 451– Telecommunications Device for the Deaf proposed branch are located. Section 470; 7 CFR 2.17, 2.55. (TDD), contact Diane Jenkins (202) 452– 262.3(b)(1)(ii)(D) specifies that in the § 381.121c [Amended] 3544, Board of Governors of the Federal case of an application by a bank for merger, consolidation, acquisition of 4. Section 381.121c is amended by Reserve System, 20th and C Streets, assets, or assumption of liabilities revising the second sentence of NW, Washington, DC 20551. (merger), notices shall be published in paragraph (a) to read as follows: SUPPLEMENTARY INFORMATION: the communities in which the head § 381.121c Scale requirements for Background offices of the banks involved are accurate weights, repairs, adjustments, and Section 208.6(a)(3) of the Board’s located. Such merger applications are replacement after inspection. Regulation H, Public Notice of Branch also deemed to include applications to (a) * * * Such scales shall meet the Applications, provides that a state establish branches at the branch and/or applicable requirements contained in member bank wishing to establish a head office locations being acquired, National Institute of Standards and domestic branch must publish notice in thereby avoiding a separate filing to Technology (NIST) Handbook 44, a newspaper of general circulation at the establish branches at the acquired ‘‘Specifications, Tolerances, and Other locations specified in § 262.3 of the locations, and the Board has not Technical Requirements for Weighing Rules of Procedure (12 CFR 262.3) and required publication under paragraph and Measuring Devices,’’ 1999 Edition, that the newspaper notice shall provide (b)(1)(ii)(B) in addition to publication November 1998, which is incorporated an opportunity for interested persons to under paragraph (b)(1)(ii)(D). by reference. * ** comment on the application for a period Accordingly, the Board is amending the * * * * * of at least 15 days. (12 CFR 208.6(a)(3)(i) Rules of Procedure to clarify that Thomas J. Billy, and (ii)). Until September 30, 1998, the publication under paragraph (b)(1)(ii)(D) is sufficient in the case of branches Administrator. comment period for branch applications was 30 days and was specified in acquired through merger, consolidation, [FR Doc. 99–24571 Filed 9–30–99; 8:45 am] acquisition of assets, or assumption of BILLING CODE 3410±DM±P § 262.3(b) of the Rules of Procedure rather than in Regulation H. The Rules liabilities. of Procedure were not amended when The amendments adopted by the Board are rules of procedure. FEDERAL RESERVE SYSTEM the regulation was amended, effective September 30, 1998 (63 FR 37637, July Accordingly, 5 U.S.C. 553(b), requiring public comment, does not apply. In 12 CFR Part 262 13, 1998), and § 262.3(b)(1)(ii) continues to provide for a 30-day comment period addition, the amendments are technical [Docket No. R±1045] for these applications. (12 CFR amendments that remove an obsolete 262.3(b)(1)(ii)). It is no longer necessary provision, reflect changes in the Board’s Rules of Procedure to specify the comment period for Regulation H, and clarify a possible AGENCY: Board of Governors of the branch applications in the Rules of uncertainty. Accordingly, the Board Federal Reserve System. Procedure since it is specified in finds good cause not to delay the effective date of the amendments ACTION: Regulation H. Accordingly, the Board is Final rule; technical pursuant to 5 U.S.C. 553(d). amendment. amending the Rules of Procedure to delete the comment period requirement List of Subjects in 12 CFR Part 262 SUMMARY: The Board is amending its as it relates to branch applications. Rules of Procedure to conform the Section 262.3(b)(1)(ii)(A) of the Rules Administrative practice and comment period for branch notice of Procedure specifies the location for procedure, Banks, banking, Federal applications with the period specified publication of notice of an application Reserve System. in its Regulation H, Membership of State for membership in the Federal Reserve For the reasons set forth in the Banking Institutions in the Federal System that would confer federal preamble, 12 CFR part 262 is amended Reserve System. The Rules of Procedure deposit insurance. Pursuant to Title I, as set forth below: were not amended when the Regulation section 115(a) of the Federal Deposit PART 262ÐRULES OF PROCEDURE was amended, effective September 30, Insurance Corporation Improvement Act 1998. The Board is also amending the of 1991 (Pub. L. 102–242), any bank not 1.The authority citation for 12 CFR Rules of Procedure to delete the previously an insured bank admitted to part 262 continues to read as follows: requirements for notices of membership may apply separately to the Authority: 5 U.S.C. 552, 12 U.S.C. 321, memberships in cases where Federal Deposit Insurance Corporation 1828(c), and 1842. membership would confer federal for insurance. (12 U.S.C. 1814 and deposit insurance, because there are no 1815(a).) Previously, membership § 262.3 [Amended] longer cases where membership confers conferred insured status (see 12 2. Amend § 262.3 by revising the first federal deposit insurance. In addition, U.S.C.A. 1814(b) (West 1989)). It is sentence in paragraph (b)(1)(ii),

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(1) * * * The actions specified by this AD are The FAA has determined that air (ii) The notice shall be placed in the intended to detect and correct fatigue safety and the public interest require the classified advertising legal notices adoption of the rule with the change section of the newspaper, and must cracking of the fuselage belly fairing support structure, which could result in described previously. The FAA has provide an opportunity for the public to determined that this change will neither give written comment on the reduced structural integrity of the fuselage belly fairing support structure. increase the economic burden on any application to the appropriate Federal operator nor increase the scope of the Reserve Bank for the period specified in DATES: Effective November 5, 1999. AD. Regulation H (12 CFR part 208) in the The incorporation by reference of case of applications specified in Cost Impact certain publications listed in the § 262.3(b)(1)(i)(A), and for at least thirty Currently, there are no Airbus Model days after the date of publication in the regulations is approved by the Director A330–301 series airplanes on the U.S. case of applications specified in of the Federal Register as of November Register. However, should an affected § 262.3(b)(1)(i)(B) and (C).* ** 5, 1999. airplane be imported and placed on the * * * * * ADDRESSES: The service information U.S. Register in the future, it will take (B) The community or communities in referenced in this AD may be obtained approximately 5 work hours to which the head office of the bank and from Airbus Industrie, 1 Rond Point accomplish the required inspection, at the proposed branch or other facility Maurice Bellonte, 31707 Blagnac Cedex, an average labor rate of $60 per work (other than an electronic funds transfer France. This information may be hour. Based on these figures, the cost impact of the required AD on U.S. facility) are located in the case of an examined at the Federal Aviation operators is estimated to be $300 per application for the establishment of a Administration (FAA), Transport airplane, per inspection cycle. domestic branch or other facility that Airplane Directorate, Rules Docket, would be authorized to receive deposits, Also, there are no Airbus Model 1601 Lind Avenue, SW., Renton, A340–211, –212, –311, and –312 series other than an application incidental to Washington; or at the Office of the an application by a bank for merger, airplanes on the U.S. Register. However, Federal Register, 800 North Capitol should an affected airplane be imported consolidation, or acquisition of assets or Street, NW., suite 700, Washington, DC. assumption of liabilities, and placed on the U.S. Register in the future, it will take approximately 6 work * * * * * FOR FURTHER INFORMATION CONTACT: Norman B. Martenson, Manager, hours to accomplish the required By order of the Board of Governors of the inspection, at an average labor rate of Federal Reserve System, September 24, 1999. International Branch, ANM–116, FAA, $60 per work hour. Based on these Jennifer J. Johnson, Transport Airplane Directorate, 1601 figures, the cost impact of the required Secretary of the Board. Lind Avenue, SW., Renton, Washington AD on U.S. operators is estimated to be [FR Doc. 99–25504 Filed 9–30–99; 8:45 am] 98055–4056; telephone (425) 227–2110; $360 per airplane, per inspection cycle. BILLING CODE 6210±01±P fax (425) 227–1149. Should an affected airplane be SUPPLEMENTARY INFORMATION: A imported and placed on the U.S. proposal to amend part 39 of the Federal Register and an operator elects to DEPARTMENT OF TRANSPORTATION Aviation Regulations (14 CFR part 39) to accomplish the optional terminating action rather than continue the Federal Aviation Administration include an airworthiness directive (AD) that is applicable to certain Airbus repetitive inspections, it will take Model A330–301, and Model A340–211, approximately between 10 and 178 14 CFR Part 39 work hours per airplane (for Model –212, –311, and –312 series airplanes [Docket No. 99±NM±119±AD; Amendment A330 series airplanes), or between 10 was published in the Federal Register 39±11347; AD 99±21±04] and 188 work hours per airplane (for on August 4, 1999 (64 FR 42289). That RIN 2120±AA64 Model A340 series airplanes), at an action proposed to require repetitive average labor rate of $60 per work hour. detailed visual inspections of the Airworthiness Directives; Airbus Model Required parts will cost fuselage belly fairing support structure A330±301, and Model A340±211, ±212, approximately between $1,313 and ±311, and ±312 Series Airplanes to detect cracks; and corrective action, $13,262 (for Model A330 series if necessary. That action also proposed airplanes) or between $1,049 and AGENCY: Federal Aviation to provide an optional terminating $14,311 (for Model A340 series Administration, DOT. action for the repetitive inspections. airplanes), per airplane. Based on these ACTION: figures, the cost impact of this optional Final rule. Comments terminating action is estimated to be SUMMARY: This amendment adopts a Interested persons have been afforded between $1,913 and $23,942 (for Model new airworthiness directive (AD), an opportunity to participate in the A330 series airplanes) or between applicable to certain Airbus Model making of this amendment. Due $1,649 and $25,591 (for Model A340 A330–301, and Model A340–211, –212, consideration has been given to the series airplanes), per airplane. –311, and –312 series airplanes, that requires repetitive detailed visual single comment received. Regulatory Impact inspections of the fuselage belly fairing The commenter indicates that it is not The regulations adopted herein will support structure to detect cracks; and affected by the proposed rule. not have substantial direct effects on the

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States, on the relationship between the the area subject to the requirements of this used if approved by the Manager, national government and the States, or AD. For airplanes that have been modified, International Branch, ANM–116, FAA, on the distribution of power and altered, or repaired so that the performance Transport Airplane Directorate. Operators responsibilities among the various of the requirements of this AD is affected, the shall submit their requests through an owner/operator must request approval for an appropriate FAA Principal Maintenance levels of government. Therefore, in alternative method of compliance in Inspector, who may add comments and then accordance with Executive Order 12612, accordance with paragraph (d) of this AD. send it to the Manager, International Branch, it is determined that this final rule does The request should include an assessment of not have sufficient federalism the effect of the modification, alteration, or ANM–116. implications to warrant the preparation repair on the unsafe condition addressed by Note 3: Information concerning the of a Federalism Assessment. this AD; and, if the unsafe condition has not existence of approved alternative methods of For the reasons discussed above, I been eliminated, the request should include compliance with this AD, if any, may be certify that this action (1) is not a specific proposed actions to address it. obtained from the International Branch, ‘‘significant regulatory action’’ under Compliance: Required as indicated, unless ANM–116. Executive Order 12866; (2) is not a accomplished previously. To detect and correct fatigue cracking of Special Flight Permits ‘‘significant rule’’ under DOT the fuselage belly fairing support structure, (e) Special flight permits may be issued in Regulatory Policies and Procedures (44 which could result in reduced structural accordance with §§ 21.197 and 21.199 of the FR 11034, February 26, 1979); and (3) integrity of the fuselage belly fairing support Federal Aviation Regulations (14 CFR 21.197 will not have a significant economic structure, accomplish the following: and 21.199) to operate the airplane to a impact, positive or negative, on a Repetitive Inspection location where the requirements of this AD substantial number of small entities can be accomplished. under the criteria of the Regulatory (a) Prior to the accumulation of 4,000 total flight cycles, or within 500 flight hours after Incorporation by Reference Flexibility Act. A final evaluation has the effective date of this AD, whichever been prepared for this action and it is occurs later, perform a detailed visual (f) The actions shall be done in accordance contained in the Rules Docket. A copy inspection of the fuselage belly fairing with Airbus Service Bulletin A330–53–3029, of it may be obtained from the Rules support structure for cracks, in accordance dated June 26, 1995; Airbus Service Bulletin Docket at the location provided under with Airbus Service Bulletin A330–53–3029, A340–53–4038, Revision 1, dated February 6, the caption ADDRESSES. dated June 26, 1995 (for Model A330 series 1996; Airbus Service Bulletin A330–53–3012, airplanes); or A340–53–4038, Revision 1, dated June 26, 1995; or Airbus Service List of Subjects in 14 CFR Part 39 dated February 6, 1996 (for Model A340 Bulletin A340–53–4020, dated June 26, 1995; Air transportation, Aircraft, Aviation series airplanes); as applicable. Thereafter, as applicable. Airbus Service Bulletin A340– safety, Incorporation by reference, repeat the inspection at intervals not to 53–4038, Revision 1, dated February 6, 1996, Safety. exceed 2,800 flight cycles. has the following effective pages: Note 2: For the purposes of this AD, a Adoption of the Amendment detailed visual inspection is defined as: ‘‘An LIST OF EFFECTIVE PAGES Accordingly, pursuant to the intensive visual examination of a specific structural area, system, installation, or authority delegated to me by the assembly to detect damage, failure, or Revision level Date shown Administrator, the Federal Aviation Page No. shown on irregularity. Available lighting is normally page on page Administration amends part 39 of the supplemented with a direct source of good Federal Aviation Regulations (14 CFR lighting at intensity deemed appropriate by 1, 2 ...... 1 ...... February 6, part 39) as follows: the inspector. Inspection aids such as mirror, 1996. magnifying lenses, etc. may be used. Surface 3±31 ...... Original ...... June 26, PART 39ÐAIRWORTHINESS cleaning and elaborate access procedures 1995. DIRECTIVES may be required.’’ 1. The authority citation for part 39 Repair This incorporation by reference was continues to read as follows: (b) If any crack is found during any approved by the Director of the Federal inspection required by paragraph (a) of this Register in accordance with 5 U.S.C. 552(a) Authority: 49 U.S.C. 106(g), 40113, 44701. AD, prior to further flight, repair in and 1 CFR part 51. Copies may be obtained § 39.13 [Amended] accordance with Airbus Service Bulletin from Airbus Industrie, 1 Rond Point Maurice A330–53–3012, dated June 26, 1995 (for Bellonte, 31707 Blagnac Cedex, France. 2. Section 39.13 is amended by Model A330 series airplanes); or A340–53– Copies may be inspected at the FAA, adding the following new airworthiness 4020, dated June 26, 1995 (for Model A340 Transport Airplane Directorate, 1601 Lind directive: series airplanes); as applicable. Avenue, SW., Renton, Washington; or at the 99–21–04 AIRBUS INDUSTRIE: Accomplishment of this action constitutes Office of the Federal Register, 800 North Amendment 39–11347. Docket 99–NM– terminating action for the repetitive Capitol Street, NW., suite 700, Washington, 119–AD. inspections required by this AD for only that DC. repaired part. Applicability: Model A330–301 series Note 4: The subject of this AD is addressed airplanes, except those airplanes on which Optional Terminating Action in French airworthiness directives 95–256– Airbus Modification 42332 (reference Airbus (c) Modification of the belly fairing support 023(B) R1 and 95–258–037(B) R1, both dated Service Bulletin A330–53–3012, dated June structure in accordance with Airbus Service December 17, 1997. 26, 1995) has been accomplished; and Model Bulletin A330–53–3012, dated June 26, 1995 A340–211, –212, –311, and –312 series (g) This amendment becomes effective on (for Model A330 series airplanes); or A340– November 5, 1999. airplanes, except those airplanes on which 53–4020, dated June 26, 1995 (for Model Airbus Modification 42331 or 42332 A340 series airplanes); as applicable; Issued in Renton, Washington, on (reference Airbus Service Bulletin A340–53– constitutes terminating action for the September 27, 1999. 4020, dated June 26, 1995), has been requirements of this AD. D.L. Riggin, accomplished; certificated in any category. Alternative Methods of Compliance Acting Manager, Transport Airplane Note 1: This AD applies to each airplane Directorate, Aircraft Certification Service. identified in the preceding applicability (d) An alternative method of compliance or provision, regardless of whether it has been adjustment of the compliance time that [FR Doc. 99–25595 Filed 9–30–99; 8:45 am] otherwise modified, altered, or repaired in provides an acceptable level of safety may be BILLING CODE 4910±13±U

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DEPARTMENT OF TRANSPORTATION was published in the Federal Register Regulatory Impact on June 28, 1999 (64 FR 34582). That The regulations adopted herein will Federal Aviation Administration action proposed to require detailed not have substantial direct effects on the visual and borescopic inspections to 14 CFR Part 39 States, on the relationship between the detect corrosion of the engine mounting national government and the States, or [Docket No. 99±NM±29±AD; Amendment tube assembly, and replacement of on the distribution of power and 39±11345; AD 99±21±02] corroded parts with new or serviceable responsibilities among the various parts. RIN 2120±AA64 levels of government. Therefore, in Comments Received accordance with Executive Order 12612, Airworthiness Directives; Short it is determined that this final rule does Brothers Model SD3±30, SD3±60, SD3± Interested persons have been afforded not have sufficient federalism SHERPA, and SD3±60 SHERPA Series an opportunity to participate in the implications to warrant the preparation Airplanes making of this amendment. Due of a Federalism Assessment. consideration has been given to the For the reasons discussed above, I AGENCY: Federal Aviation comments received. certify that this action (1) is not a Administration, DOT. ‘‘significant regulatory action’’ under Request To Extend Compliance Time ACTION: Final rule. Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT SUMMARY: This amendment adopts a The manufacturer requests that the new airworthiness directive (AD), FAA extend the proposed compliance Regulatory Policies and Procedures (44 applicable to all Short Brothers Model time from 6 months to 9 months. The FR 11034, February 26, 1979); and (3) SD3–30, SD3–60, SD3–SHERPA, and manufacturer supports its request based will not have a significant economic SD3–60 SHERPA series airplanes, that on the results of an airframe structural impact, positive or negative, on a requires detailed visual and borescopic analysis, ongoing inspections, and the substantial number of small entities inspections to detect corrosion of the Civil Aviation Authority of the United under the criteria of the Regulatory engine mounting tube assembly, and Kingdom’s acceptance of the 3-month Flexibility Act. A final evaluation has replacement of corroded parts with new extension. The FAA has reviewed the been prepared for this action and it is or serviceable parts. This amendment is data presented by the manufacturer and contained in the Rules Docket. A copy prompted by issuance of mandatory concurs with the request. The final rule of it may be obtained from the Rules continuing airworthiness information by has been revised accordingly. Docket at the location provided under the caption ADDRESSES. a foreign civil airworthiness authority. Explanation of Additional Change to The actions specified by this AD are Proposal List of Subjects in 14 CFR Part 39 intended to prevent failure of the engine Air transportation, Aircraft, Aviation The FAA has added a note to the final mounting tube assembly, which could safety, Incorporation by reference, rule to clarify the definition of a result in loss of the engine in flight. Safety. DATES: Effective November 5, 1999. detailed visual inspection. Adoption of the Amendment The incorporation by reference of Conclusion certain publications listed in the Accordingly, pursuant to the regulations is approved by the Director After careful review of the available authority delegated to me by the of the Federal Register as of November data, including the comments noted Administrator, the Federal Aviation 5, 1999. above, the FAA has determined that air Administration amends part 39 of the ADDRESSES: The service information safety and the public interest require the Federal Aviation Regulations (14 CFR referenced in this AD may be obtained adoption of the rule with the changes part 39) as follows: from Short Brothers, Airworthiness & described previously. The FAA has Engineering Quality, P.O. Box 241, determined that these changes will PART 39ÐAIRWORTHINESS Airport Road, Belfast BT3 9DZ, neither increase the economic burden DIRECTIVES Northern Ireland. This information may on any operator nor increase the scope 1. The authority citation for part 39 be examined at the Federal Aviation of the AD. continues to read as follows: Administration (FAA), Transport Cost Impact Authority: 49 U.S.C. 106(g), 40113, 44701. Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, The FAA estimates that 137 Model § 39.13 [Amended] Washington; or at the Office of the SD3–30, SD3–60, SD3–SHERPA, and 2. Section 39.13 is amended by Federal Register, 800 North Capitol SD3–60 SHERPA series airplanes of U.S. adding the following new airworthiness Street, NW., suite 700, Washington, DC. registry will be affected by this AD, that directive: it will take approximately 25 work FOR FURTHER INFORMATION CONTACT: 99–21–02 Short Brothers PLC: Amendment Norman B. Martenson, Manager, hours per airplane to accomplish the 39–11345. Docket 99–NM–29–AD. required actions, and that the average International Branch, ANM–116, FAA, Applicability: All Model SD3–30, SD3–60, Transport Airplane Directorate, 1601 labor rate is $60 per work hour. Based SD3–SHERPA, and SD3–60 SHERPA series Lind Avenue, SW., Renton, Washington on these figures, the cost impact of the airplanes; certificated in any category. 98055–4056; telephone (425) 227–2110; AD on U.S. operators is estimated to be Note 1: This AD applies to each airplane fax (425) 227–1149. $205,500, or $1,500 per airplane. identified in the preceding applicability SUPPLEMENTARY INFORMATION: A The cost impact figure discussed provision, regardless of whether it has been proposal to amend part 39 of the Federal above is based on assumptions that no modified, altered, or repaired in the area Aviation Regulations (14 CFR part 39) to operator has yet accomplished any of subject to the requirements of this AD. For airplanes that have been modified, altered, or include an airworthiness directive (AD) the requirements of this AD action, and repaired so that the performance of the that is applicable to all Short Brothers that no operator would accomplish requirements of this AD is affected, the Model SD3–30, SD3–60, SD3–SHERPA, those actions in the future if this AD owner/operator must request approval for an and SD3–60 SHERPA series airplanes were not adopted. alternative method of compliance in

VerDate 22-SEP-99 10:47 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\A01OC0.205 pfrm01 PsN: 01OCR1 53192 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations accordance with paragraph (c) of this AD. assembly to detect damage, failure, or (3) If corrosion is found that is outside the The request should include an assessment of irregularity. Available lighting is normally limits as defined in the applicable service the effect of the modification, alteration, or supplemented with a direct source of good bulletin, prior to further flight, replace the repair on the unsafe condition addressed by light at intensity deemed appropriate by the corroded parts with new or serviceable parts, this AD; and, if the unsafe condition has not inspector. Inspection aids such as mirror, in accordance with the applicable service been eliminated, the request should include magnifying lenses, etc., may be used. Surface bulletin. specific proposed actions to address it. cleaning and elaborate access procedures Compliance: Required as indicated, unless may be required.’’ Alternative Methods of Compliance accomplished previously. (b) Within 9 months after the effective date (c) An alternative method of compliance or To prevent failure of the engine mounting of this AD, perform a borescopic inspection adjustment of the compliance time that tube assembly, which could result in loss of of the internal surface of the engine mounting provides an acceptable level of safety may be the engine in flight, accomplish the tubes and fittings for corrosion, in used if approved by the Manager, following: accordance with Shorts Service Bulletins International Branch, ANM–116, FAA, SD330–71–23, dated November 20, 1998, or Inspections Transport Airplane Directorate. Operators Revision 1, dated April 26, 1999 (for Model shall submit their requests through an (a) Within 9 months after the effective date SD3–30 series airplanes); SD3 SHERPA–71– appropriate FAA Principal Maintenance of this AD, perform a detailed visual 1, Revision 1, dated February 3, 1999, or Inspector, who may add comments and then inspection of the taper pins of the engine Revision 2, dated April 26, 1999 (for Model send it to the Manager, International Branch, mounting tube assembly for corrosion in SD3–SHERPA series airplanes); SD3–60 ANM–116. accordance with Shorts Service Bulletins SHERPA–71–1, Revision 1, dated February 3, SD330–71–23, dated November 20, 1998, or 1999, or Revision 2, dated April 26, 1999 (for Note 3: Information concerning the Revision 1, dated April 26, 1999 (for Model Model SD3–60 SHERPA series airplanes); or existence of approved alternative methods of SD3–30 series airplanes); SD3 SHERPA–71– SD360–71–18, Revision 1, dated February 3, compliance with this AD, if any, may be 1, Revision 1, dated February 3, 1999, or 1999, or Revision 2, dated April 26, 1999 (for obtained from the International Branch, Revision 2, dated April 26, 1999 (for Model Model SD3–60 series airplanes); as ANM–116. SD3–SHERPA series airplanes); SD3–60 applicable. Special Flight Permits SHERPA–71–1, Revision 1, dated February 3, (1) If no corrosion is found on the internal 1999, or Revision 2, dated April 26, 1999 (for surface of the engine mounting tubes and (d) Special flight permits may be issued in Model SD3–60 SHERPA series airplanes); or fittings, no further action is required by this accordance with sections 21.197 and 21.199 SD360–71–18, Revision 1, dated February 3, paragraph. of the Federal Aviation Regulations (14 CFR 1999, or Revision 2, dated April 26, 1999 (for (2) If corrosion is found that is within the 21.197 and 21.199) to operate the airplane to Model SD3–60 series airplanes); as limits as defined in the applicable service a location where the requirements of this AD applicable. If corrosion is found on any taper bulletin, repeat the borescopic inspection can be accomplished. pin, prior to further flight, replace the pin thereafter at intervals not to exceed 9 months. with a new or serviceable pin. Replacement of all corroded parts with new Incorporation by Reference Note 2: For the purposes of this AD, a or serviceable parts in accordance with the (e) The actions shall be done in accordance detailed visual inspection is defined as: ‘‘As applicable service bulletin constitutes with the following Shorts service bulletins, an intensive visual examination of a specific terminating action for the repetitive as applicable, which contain the specified structural area, system, installation, or borescopic inspections required by this AD. effective pages:

Service bulletin referenced and date Page No. Revision level shown on page Date shown on page

SD330±71±23, November 20, 1998 ...... 1±11 Original ...... November 20, 1998. SD330±71±23, Revision 1, April 26, 1999 ...... 1, 2 1 ...... April 26, 1999. 3±11 Original ...... November 20, 1998. SD3 SHERPA±71±1, Revision 1, February 3, 1999 1, 6±8 1 ...... February 3, 1999. 2±5, 9±11 Original ...... November 20, 1998. SD3 SHERPA±71±1, Revision 2, April 26, 1999 ..... 1, 2 2 ...... April 26, 1999. 3±5, 9±11 Original ...... November 20, 1998. 6±8 1 ...... February 3, 1999. SD3±60 SHERPA±71±1, Revision 1, February 3, 1, 6±8 1 ...... February 3, 1999. 1999. 2±5, 9±11 Original ...... November 20, 1998. SD3±60 SHERPA±71±1, Revision 2, April 26, 1999 1, 2 2 ...... April 26, 1999. 3±5, 9±11 Original ...... November 20, 1998. 6±8 1 ...... February 3, 1999. SD360±71±18, Revision 1, February 3, 1999 ...... 1, 6, 8 1 ...... February 3, 1999. 2±5, 7, 9± Original ...... November 24, 1998. 11 SD360±71±18, Revision 2, April 26, 1999 ...... 1, 2 2 ...... April 26, 1999. 3±5, 7, 9± Original ...... November 24, 1998. 11 ...... 6, 8 1 ...... February 3, 1999

This incorporation by reference was Capitol Street, NW., suite 700, Washington, Issued in Renton, Washington, on approved by the Director of the Federal DC. September 27, 1999. Register in accordance with 5 U.S.C. 552(a) Note 4: The subject of this AD is addressed D. L. Riggin, and 1 CFR part 51. Copies may be obtained in British airworthiness directives 014–11– Acting Manager, Transport Airplane from Short Brothers, Airworthiness & 98, 018–11–98, 011–11–98, and 012–11–98. Engineering Quality, P.O. Box 241, Airport Directorate, Aircraft Certification Service. Road, Belfast BT3 9DZ, Northern Ireland. (f) This amendment becomes effective on [FR Doc. 99–25596 Filed 9–30–99; 8:45 am] Copies may be inspected at the FAA, November 5, 1999. BILLING CODE 4910±13±P Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of the Federal Register, 800 North

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DEPARTMENT OF TRANSPORTATION FAA, Transport Airplane Directorate, FAA’s Conclusions 1601 Lind Avenue, SW., Renton, This airplane model is manufactured Federal Aviation Administration Washington; or at the FAA, Small in Brazil and is type certificated for Airplane Directorate, Atlanta Aircraft 14 CFR Part 39 operation in the United States under the Certification Office, One Crown Center, provisions of section 21.29 of the [Docket No. 99±NM±198±AD; Amendment 1895 Phoenix Boulevard, suite 450, Federal Aviation Regulations (14 CFR 39±11346; AD 99±21±03] Atlanta, Georgia; or at the Office of the 21.29) and the applicable bilateral RIN 2120±AA64 Federal Register, 800 North Capitol airworthiness agreement. Pursuant to Street, NW., suite 700, Washington, DC. this bilateral airworthiness agreement, Airworthiness Directives; Empresa the DAC has kept the FAA informed of FOR FURTHER INFORMATION CONTACT: Brasileira de Aeronautica S.A. the situation described above. The FAA Robert Capezzuto, Aerospace Engineer, (EMBRAER) Model EMB±145 Series has examined the findings of the DAC, Systems and Flight Test Branch, ACE– Airplanes reviewed all available information, and 116A, FAA, Small Airplane Directorate, determined that AD action is necessary AGENCY: Federal Aviation Atlanta Aircraft Certification Office, for products of this type design that are Administration, DOT. One Crown Center, 1895 Phoenix certificated for operation in the United ACTION: Final rule; request for Boulevard, suite 450, Atlanta, Georgia States. comments. 30349; telephone (770) 703–6071; fax (770) 703–6097. Explanation of Requirements of Rule SUMMARY: This amendment adopts a SUPPLEMENTARY INFORMATION: Since an unsafe condition has been new airworthiness directive (AD) that is The Departmento de Aviacao Civil (DAC), identified that is likely to exist or applicable to certain EMBRAER Model develop on other airplanes of the same which is the airworthiness authority for EMB–145 series airplanes. This action type design registered in the United Brazil, notified the FAA that an unsafe requires revising the Airplane Flight States, this AD is being issued to require condition may exist on certain Manual (AFM) for operation in the rain, certain AFM revisions and a and modifying the anemometric static EMBRAER Model EMB–145 series modification of the central hole of the ports. This action also provides for airplanes. The DAC advises that there anemometric static ports. The optional terminating action for the have been several occurrences of modification, along with the optional requirements of this AD. This vertical speed, airspeed, and altitude replacement of the current connection amendment is prompted by issuance of fluctuations, and/or erratic indications adapter installed between the hose ends mandatory continuing airworthiness [which in some cases have even caused and the static ports with a new nipple information by a foreign civil autopilot and flight director adapter, would terminate the airworthiness authority. The actions disengagement and ground proximity requirements of this AD. This AD specified in this AD are intended to warning system (GPWS) false warnings], requires accomplishment of the actions limit or prohibit the use of the autopilot during descent and approach to land in specified in the service bulletin and flight director during the descent the rain. The cause of these fluctuations described previously, except as and approach to land in the rain, and to and erratic indications has been discussed below. prevent fluctuations and erratic attributed to a flaw in the design of the Differences Between This AD and the indications in the vertical speed, anemometric static ports. These Foreign AD airspeed, and altitude readings in the conditions, if not corrected, could result cockpit during the descent and in reduced controllability of the This AD differs from the parallel approach to land in the rain; such airplane during the descent and Brazilian airworthiness directive in that conditions could result in reduced approach to land in the rain. this AD imposes a limitation in the controllability of the airplane during the AFM to prohibit the use of the autopilot Explanation of Relevant Service descent and approach to land in the or flight director during the approach in Information rain. the rain. The Brazilian airworthiness directive AD instead addresses a DATES: Effective October 18, 1999. Embraer has issued Service Bulletin CAUTION note that specifies hand- The incorporation by reference of No. 145–34–0026, Change No. 01, dated flying the airplane or using the autopilot certain publications listed in the June 23, 1999, which describes basic mode, and relying on the primary regulations is approved by the Director procedures for modification of the flight display (PFD) raw information of the Federal Register as of October 18, central hole of the anemometric static when operating in the rain. In addition, 1999. ports and installation of nipples the replacement of calibration charts in Comments for inclusion in the Rules between the static ports and their hoses the AFM following the modification of Docket must be received on or before to prevent fluctuations and erratic the static ports, as required by this AD, November 1, 1999. indications in the vertical speed, is not addressed by the Brazilian ADDRESSES: Submit comments in airspeed, and altitude readings in the airworthiness directive. triplicate to the Federal Aviation cockpit during the descent and Further, the terminating action Administration (FAA), Transport approach to land in the rain. (replacement of the current connection Airplane Directorate, ANM–114, Accomplishment of the actions adapter with a new nipple adapter), Attention: Rules Docket No. 99–NM– specified in the service bulletin is provided as optional in this AD, is 198–AD, 1601 Lind Avenue, SW., intended to adequately address the mandated by the Brazilian AD. Renton, Washington 98055–4056. identified unsafe condition. The DAC The service information referenced in classified this service bulletin as Interim Action this AD may be obtained from Empresa mandatory and issued Brazilian This is considered to be interim Brasileira de Aeronautica S.A. airworthiness directive 1999–06–01R2, action. The FAA is currently (EMBRAER), P.O. Box 343—CEP 12.225, dated July 19, 1999, in order to assure considering requiring the replacement Sao Jose dos Campos—SP, Brazil. This the continued airworthiness of these of the current connection adapter with information may be examined at the airplanes in Brazil. a new nipple adapter, which will

VerDate 22-SEP-99 10:47 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\A01OC0.208 pfrm01 PsN: 01OCR1 53194 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations constitute terminating action for the States, on the relationship between the repaired so that the performance of the modification of the central hole of the national government and the States, or requirements of this AD is affected, the anemometric static ports required by on the distribution of power and owner/operator must request approval for an this AD action. However, the planned responsibilities among the various alternative method of compliance in accordance with paragraph (e) of this AD. compliance time for the replacement of levels of government. Therefore, in The request should include an assessment of the current connection adapter with a accordance with Executive Order 12612, the effect of the modification, alteration, or new nipple adapter is sufficiently long it is determined that this final rule does repair on the unsafe condition addressed by so that notice and opportunity for prior not have sufficient federalism this AD; and, if the unsafe condition has not public comment will be practicable. implications to warrant the preparation been eliminated, the request should include specific proposed actions to address it. Determination of Rule’s Effective Date of a Federalism Assessment. The FAA has determined that this Compliance: Required as indicated, unless Since a situation exists that requires regulation is an emergency regulation accomplished previously. the immediate adoption of this that must be issued immediately to To limit or prohibit the use of the autopilot regulation, it is found that notice and correct an unsafe condition in aircraft, and flight director during the descent and opportunity for prior public comment and that it is not a ‘‘significant approach to land in the rain, and to prevent fluctuations and erratic indications in the hereon are impracticable, and that good regulatory action’’ under Executive cause exists for making this amendment vertical speed, airspeed, and altitude Order 12866. It has been determined readings in the cockpit during the descent effective in less than 30 days. further that this action involves an and approach to land in the rain, which Comments Invited emergency regulation under DOT could result in reduced controllability of the Regulatory Policies and Procedures (44 airplane during the descent and approach to Although this action is in the form of FR 11034, February 26, 1979). If it is land in the rain, accomplish the following: a final rule that involves requirements determined that this emergency AFM Revisions affecting flight safety and, thus, was not regulation otherwise would be (a) Within 24 hours after the effective date preceded by notice and an opportunity significant under DOT Regulatory for public comment, comments are of this AD, revise the FAA-approved Policies and Procedures, a final Airplane Flight Manual (AFM) to include the invited on this rule. Interested persons regulatory evaluation will be prepared are invited to comment on this rule by following. This may be accomplished by and placed in the Rules Docket. A copy inserting a copy of this AD into the AFM. submitting such written data, views, or of it, if filed, may be obtained from the (1) Add the following statement in Section arguments as they may desire. Rules Docket at the location provided 2, Limitations, under AUTOPILOT: ‘‘The use Communications shall identify the under the caption ADDRESSES. of either the autopilot or flight director is Rules Docket number and be submitted prohibited during approach to land when in triplicate to the address specified List of Subjects in 14 CFR Part 39 operating in the rain.’’ under the caption ADDRESSES. All Air transportation, Aircraft, Aviation (2) Add the following CAUTION note in communications received on or before safety, Incorporation by reference, Section 4, Normal Procedures, under DESCENT: ‘‘CAUTION: When operating in the closing date for comments will be Safety. considered, and this rule may be rain, monitor the vertical speed indicator Adoption of the Amendment (VSI) and indicated airspeed (IAS), and, if amended in light of the comments oscillations are observed, disengage the received. Factual information that Accordingly, pursuant to the autopilot and hand-fly the airplane, or use supports the commenter’s ideas and authority delegated to me by the the autopilot basic mode. Rely on the standby suggestions is extremely helpful in Administrator, the Federal Aviation airspeed and altimeter indications.’’ evaluating the effectiveness of the AD Administration amends part 39 of the (3) Add the following NOTE in Section 4, action and determining whether Federal Aviation Regulations (14 CFR Normal Procedures, under APPROACH: additional rulemaking action would be part 39) as follows: ‘‘NOTE: The use of either the autopilot or needed. flight director is prohibited during approach Comments are specifically invited on PART 39ÐAIRWORTHINESS to land when operating in the rain.’’ the overall regulatory, economic, DIRECTIVES Modification environmental, and energy aspects of 1. The authority citation for part 39 (b) Within 400 flight hours after the the rule that might suggest a need to continues to read as follows: effective date of this AD, modify the center modify the rule. All comments hole of the anemometric static ports 1, 2, 3, submitted will be available, both before Authority: 49 U.S.C. 106(g), 40113, 44701. and 4, located in the left- and right-hand sides of the forward fuselage, in accordance and after the closing date for comments, § 39.13 [Amended] with ‘‘PART I’’ of Embraer Service Bulletin in the Rules Docket for examination by 2. Section 39.13 is amended by interested persons. A report that 145–34–0026, Change No. 01, dated June 23, adding the following new airworthiness 1999. Prior to or upon completion of this summarizes each FAA-public contact directive: modification, replace the calibration charts concerned with the substance of this AD for vertical speed, airspeed, and altitude with 99–21–03 Empresa Brasileira De will be filed in the Rules Docket. new charts in the AFM reflecting the Aeronautica S.A. (Embraer): Commenters wishing the FAA to modifications required by this paragraph, in Amendment 39–11346. Docket 99–NM– acknowledge receipt of their comments accordance with Embraer AFM 145/1153, 198–AD. submitted in response to this rule must Revision 28, dated July 2, 1999. submit a self-addressed, stamped Applicability: Model EMB–145 series Accomplishment of this modification airplanes; serial numbers 145004 through postcard on which the following constitutes terminating action for the 145144 inclusive, 145146 through 145149 requirements of paragraph (a) of this AD. statement is made: ‘‘Comments to inclusive, and 145152; certificated in any Docket Number 99–NM–198–AD.’’ The category. Optional Terminating Action postcard will be date stamped and Note 1: This AD applies to each airplane (c) Accomplishment of the requirements of returned to the commenter. identified in the preceding applicability paragraph (b) of this AD, together with the Regulatory Impact provision, regardless of whether it has been replacement of the current connection modified, altered, or repaired in the area adapter installed between the hose ends and The regulations adopted herein will subject to the requirements of this AD. For the static ports with a new nipple adapter, in not have substantial direct effects on the airplanes that have been modified, altered, or accordance with ‘‘PART II’’ of Embraer

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Service Bulletin 145–34–0026, Change No. DEPARTMENT OF HEALTH AND rule. Accordingly, the amendments 01, dated June 23, 1999, constitutes HUMAN SERVICES issued thereby are effective January 28, terminating action for the requirements of 2000. this AD. Food and Drug Administration Dated: September 27, 1999. (d) As of the effective date of this AD, no person shall install on any airplane 21 CFR Part 900 Margaret M. Dotzel, anemometric static ports 1, 2, 3, and 4, unless Acting Associate Commissioner for Policy. [Docket No. 99N±1502] they have been modified in accordance with [FR Doc. 99–25556 Filed 9–30–99; 8:45 am] paragraph (b) of this AD. Medical Devices: Quality BILLING CODE 4160±01±F Alternative Methods of Compliance Mammography Standards; Delay of Effective Date (e) An alternative method of compliance or DEPARTMENT OF THE INTERIOR adjustment of the compliance time that AGENCY: Food and Drug Administration, provides an acceptable level of safety may be HHS. Minerals Management Service used if approved by the Manager, Atlanta ACTION: Direct final rule; delay of 30 CFR Part 250 Aircraft Certification Office (ACO), FAA, effective date. Small Airplane Directorate. Operators shall RIN 1010±AC42 submit their requests through an appropriate SUMMARY: The Food and Drug FAA Principal Maintenance Inspector, who Administration (FDA) published a Coastal Zone Consistency Review of may add comments and then send it to the direct final rule in the Federal Register Exploration Plans and Development Manager, Atlanta ACO. of June 17, 1999 (64 FR 32404). The and Production Plans Note 2: Information concerning the document notified the public of FDA’s AGENCY: existence of approved alternative methods of intention to amend the regulations that Minerals Management Service compliance with this AD, if any, may be govern mammography quality standards (MMS), Interior. obtained from the Manager, Atlanta ACO. to incorporate changes required by the ACTION: Final rule. Special Flight Permits Mammography Quality Standards SUMMARY: This final rule amends Reauthorization Act. This document (f) Special flight permits may be issued in regulations that specify how States delays the effective date of the direct review Exploration Plans (EP) and accordance with sections 21.197 and 21.199 final rule. of the Federal Aviation Regulations (14 CFR Development and Production Plans 21.197 and 21.199) to operate the airplane to EFFECTIVE DATE: The effective date of the (DPP) for coastal zone consistency. The a location where the requirements of this AD direct final rule published at 64 FR amended regulation clarifies that a State can be accomplished. 32404 is delayed until January 28, 2000. coastal zone consistency review occurs FOR FURTHER INFORMATION CONTACT: under the authority of the National Incorporation by Reference Roger L. Burkhart, Center for Devices Oceanic and Atmospheric (g) Except as provided by paragraph (a) of and Radiological Health (HFZ–240), Administration (NOAA) regulations and this AD, the actions shall be done in Food and Drug Administration, 1350 that when MMS prepares a DPP accordance with Embraer SB 145–34–0026, Piccard Dr., Rockville, MD 20857, 301– environmental impact statement (EIS), Change No. 01, dated June 23, 1999. This 594–3332. we will give the draft EIS to those States incorporation by reference was approved by SUPPLEMENTARY INFORMATION: FDA requiring the draft EIS as necessary the Director of the Federal Register in solicited comments concerning the information to conduct a DPP accordance with 5 U.S.C. 552(a) and 1 CFR direct final rule for a 75-day period consistency review. part 51. Copies may be obtained from ending August 31, 1999. FDA stated that EFFECTIVE DATE: The rule is effective on Empresa Brasileira de Aeronautica S.A. the effective date of the direct final rule November 1, 1999. (EMBRAER), P.O. Box 343—CEP 12.225, Sao would be on November 1, 1999, 60 days FOR FURTHER INFORMATION CONTACT: Jose dos Campos—SP, Brazil. Copies may be after the end of the comment period, Maureen Bornholdt, Environmental inspected at the FAA, Transport Airplane Assessment Branch, (703) 787–1656. Directorate, 1601 Lind Avenue, SW., Renton, unless any significant adverse comment Washington; or at the FAA, Small Airplane was submitted to FDA during the SUPPLEMENTARY INFORMATION: This Directorate, Atlanta Aircraft Certification comment period. FDA did not receive rulemaking seeks to correct Office, One Crown Center, 1895 Phoenix any significant adverse comment. discrepancies between MMS and NOAA Boulevard, suite 450, Atlanta, Georgia; or at However, FDA has not yet received regulations. We last revised our current the Office of the Federal Register, 800 North approval under the Paperwork rules in 1988 for Outer Continental Capitol Street, NW., suite 700, Washington, Reduction Act of 1995 (44 U.S.C. 3501– Shelf (OCS) plan submission and DC. 3520) of the information collection approval. At that time, several requirements in this rule. Therefore, Note 3: The subject of this AD is addressed statements concerning State coastal FDA is revising the effective date of this in Brazilian airworthiness directive 1999–06– zone consistency reviews were placed 01R2, dated July 19, 1999. rule to January 28, 2000. By that date, in our regulations alerting lessees to the FDA expects to have received clearance requirements that had to be met before (h) This amendment becomes effective on from the Office of Management and we could approve activities associated October 18, 1999. Budget for the information collection with an EP or a DPP. Since 1988, some Issued in Renton, Washington, on requirements in the rule. This document of these provisions conflict with the September 27, 1999. delays the effective date of the direct NOAA rules governing State coastal D.L. Riggin, final rule. zone consistency review of OCS plans. Acting Manager, Transport Airplane Therefore, under the Federal Food, Thus, we are revising our regulations to Directorate, Aircraft Certification Service. Drug, and Cosmetic Act and under conform with the NOAA requirements. [FR Doc. 99–25593 Filed 9–30–99; 8:45 am] authority delegated to the Commissioner Additionally, we believe it is in the BILLING CODE 4910±13±P of Food and Drugs, notice is given that interest of all parties for States to have no significant adverse comments were the best available information in filed on the June 17, 1999, direct final evaluating the consistency certification

VerDate 22-SEP-99 18:22 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\01OCR1.XXX pfrm01 PsN: 01OCR1 53196 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations by applicants for a DPP under the Changes to Our Regulations of relationship) among these statutes is State’s coastal management program and We are revising our rules to start not as clear as the preamble to the 1979 in making important coastal zone consistency review upon receipt of the rulemaking asserts. The 1979 preamble management (CZM) decisions. EP or DPP. This will comply with the statement relied upon certain statements Accordingly, when we prepare a DPP NOAA requirement (15 CFR 930.77) to in the legislative history, not the EIS, we will give the draft EIS to those begin consistency review when the State statutory text. (See, e.g., H.R. REP. No. States requiring a DPP National receives the OCS plan (the version that 590, 95th Cong., 2d Sess. 167, reprinted Environmental Policy Act (NEPA) MMS deems submitted), the lessee’s in the 1978 U.S. CODE CONG. & document as necessary information that consistency certification, and required ADMIN. NEWS 1572, 1573.) While the the State must receive before necessary data and information. We are CZMA, OCSLA, and NEPA processes consistency review can begin. adding this NOAA reference on starting have somewhat different timeframes, we Background consistency review to the regulations do not find in them any requirement to found at 30 CFR 250.203(f) and achieve compliance with the separate Section 307(c)(3)(B) of the Coastal 250.204(i). mandates of those statutes in any rigid Zone Management Act (CZMA) requires Additionally, we are replacing the order. The Secretary’s general that lessees conduct activities described statement about the relationship rulemaking authority in Section 5 of the in OCS plans in a manner consistent between the NEPA process and the State OCSLA, 43 U.S.C. 1334, provides with enforceable policies of federally consistency review with one describing considerable discretion to administer approved State Coastal Management when we will forward a draft EIS to the the OCS program. The Solicitor’s Office Programs (CMP). Consequently, any State CZM agency. advises that this authority gives the person submitting an OCS plan to us In 1979, the Department of the Secretary discretion to provide a more must include a certificate of ‘‘coastal Interior (DOI) expressed the view that flexible approach to achieving that zone consistency,’’ i.e., a certification delaying the CZMA consistency process compliance. Thus, the Secretary may that lessee activities are consistent with until after preparation of a NEPA allow MMS to give a draft EIS to those the enforceable policies of CMP. Under compliance document would not be States that require a draft EIS before section 307(c)(3)(B), Federal agencies consistent with congressional intent. starting the DPP consistency review. cannot grant any Federal licenses or Specifically, in response to a comment suggesting a delay in the CZMA process Therefore, we will give the draft EIS permits for any activity in the OCS plan to those States that require the DPP until the State concurs with, or is when an EIS is needed for a DPP, the 1979 preamble to the current rule stated: NEPA document as necessary conclusively presumed to concur with, information that must be received before the consistency certification, or the It is clear from the provisions of Section 25 consistency review can begin. Any of the Act that a State’s coastal zone Secretary of Commerce overrides the delay in beginning the DPP consistency State’s consistency objection. consistency review is independent of the National Environmental Policy Act review review until the draft EIS is available The CZMA requires three items for procedures, and the coastal zone consistency will not affect the mandated 60-day State consistency review: the OCS plan, review should be completed within the timeframe for our decision on the DPP. the consistency certification, and any timeframe specified in the Act and the When a DPP EIS is prepared, OCSLA necessary data and information. Because implementing regulations. The requires that we approve, disapprove, or many State CMPs describe information Environmental Report is designed to provide require modification of the DPP 60 days requirements for assessing consistency, all the information needed for the consistency review. To adopt the suggested after the release of the final EIS. States must make copies of their CMP procedure would result in a delay that is Typically, there are about 8 to 9 months available to help applicants identify contrary to the intent of Congress. 44 Fed. between the availability of the draft and necessary data and information. NOAA Reg. 53686 (Sept. 14, 1979). final EISs. We use this time period to also encourages applicants to discuss DOI has reconsidered this position for solicit public comment (written and consistency information needs with the two reasons. First, 19 years of OCS oral) on the draft EIS, respond to State. program experience under the old rule comments, make changes, and conduct In addition to using CMP information have led us to conclude that the lack of internal reviews and other requirements for OCS plan review, an EIS in a State’s review of a CZMA administrative matters associated with NOAA has instructed States to use consistency certification has contributed the EIS production. This time interval ‘‘information received pursuant to the to many State objections and a more would allow the State sufficient time to Department of the Interior’s operating contentious process than necessary in complete its DPP consistency review regulations governing (OCS) developing our Nation’s offshore natural (see the chart following this paragraph). exploration, development and gas and oil. Accordingly, we have We want to make good science and production’’ to determine consistency determined to support, to the extent analysis available for states to use in (15 CFR 930.77(a)). The State may ask permitted by law, the States’ efforts to making CZMA decisions. We can for information in addition to that obtain the best reasonably available further that effort by providing the State required by § 930.77, but such requests environmental information before with the best available information in do not extend the start of its consistency making consistency decisions under the order to concur with an applicant’s DPP review (15 CFR 930.78). Consistency CZMA. consistency certification. It also helps us review begins when the State receives a Second, as a matter of law, the NEPA, to base the OCS program on consensus, copy of the OCS plan, consistency CZMA, and OCS Lands Act (OCSLA) do not conflict, and to be good neighbors to certification, and required necessary not expressly state their relationship to the coastal States. data and information (15 CFR 930.78). each other, and the relationship (or lack BILLING CODE 4310±MR±P

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BILLING CODE 4310±MR±C in March 1998. The Department of necessary data and information. (15 CFR Commerce (DOC) has begun to compile 930.78) Comments on the Rule and review the record in this appeal. The MMS regulations have We received comments from nine They have asked Federal agencies to incorporated the NOAA process in 30 groups including State Governments submit comments for the record and CFR 250.204(i) and the offshore petroleum industry: have scheduled a public hearing in The [DPP] plan will be processed in • American Petroleum Institute September 1999. The appeal’s public • accordance with the regulations in this State of California record remains open until 30 days after section and the regulations governing Federal • California Coastal Commission • the DOC public hearing. MMS will CZM consistency procedures (15 CFR part Resources Agency of California publish the DPP draft EIS while the 930). • State of Florida appeal record is open, and we will • Department of Community Affairs The new rule does not alter the • Office of the Governor forward a copy to DOC. CZMA/NOAA time requirements for Comment: Several commenters • Chevron U.S.A. Production Company State consistency review. • State of North Carolina expressed concern that the proposed Comment: Several commenters were • Department of Environmental and changes give the States up to 18 months, concerned that the proposal will cause Natural Resources and perhaps longer, to complete their delays in the OCS permitting and the • Phillips Petroleum Company consistency review. consistency appeals process. • Texaco Exploration and Production Response: The CZMA controls and Response: When MMS prepares a DPP Inc. sets the deadlines and criteria for EIS, OCSLA requires that we approve, We considered the comments and consistency review through NOAA’s disapprove, or require modification of have modified the final language as implementing regulations, not the MMS the DPP 60 days after the release of the appropriate. regulations. The NOAA consistency final EIS. The new rule will not affect regulations set a 6-month deadline for the mandated 60-day timeframe to issue Comments and Responses the State’s consistency decision: our DPP decision. Regarding the In addition to the proposed changes Concurrence by the State agency shall be comment about delaying the in the regulations, we sought comment conclusively presumed in the absence of a consistency appeals process, one of our on whether to apply the proposed State agency objection to the consistency objectives of the new rule is to decrease language to pending DPP applications. certification within six months following the number of State consistency We decided not to apply the new rule commencement of State agency review. (15 objections based on insufficient retroactively. When we published the CFR 930.79(b)) information. NOAA regulations found at proposal, the only MMS-pending DPP The NOAA consistency regulations 15 CFR 930 govern the consistency application (Destin Dome 56 Unit determine when the CZMA clock starts: appeal process. The new rule does not Offshore Florida) had received a State State agency review of the person’s alter and cannot change the NOAA consistency objection (February 1998). consistency certification begins at the time appeal process. Providing the draft EIS The applicant had filed its consistency the State agency receives a copy of the OCS to States amending their coastal appeal with the Secretary of Commerce plan, consistency certification, and required program will ensure that those States

VerDate 22-SEP-99 10:47 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\A01OC0.104 pfrm01 PsN: 01OCR1 53198 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations have a comprehensive analysis of the consistency decision. Therefore, the • the schedule for offshore activities (e.g., OCS plan’s environmental impacts to final rule does not apply the commencement and completion schedules, use in making their consistency requirement to EPs. sequences for drilling wells and installing decisions. Indeed, allowing States to use facilities, and date of first production). Comment: Several commenters stated • descriptions of any drilling vessels, the draft EIS’ analysis may result in that MMS should amend the proposal to platforms, pipelines, or other facilities/ fewer consistency objections, associated apply to all States instead of letting the operations (including location, size, design, consistency appeals, and attendant States decide what information is and safety and pollution-prevention delays. necessary for consistency review. features). • Comment: Several commenters stated Response: As part of our NEPA supporting information, including descriptions of geological and geophysical that the current process to collect process, we provide the DPP draft EIS information for State consistency review data, air emissions, physical oceanography, to all affected States and will continue onsite flora and fauna, and quality, and other purposes is adequate. to do so. However, our new rule does Response: The discretion for deciding uses of the area. not create CZMA consistency-related what information is required to States review OCS plans to determine obligations. The CZMA sets the criteria determine consistency lies with the whether proposed activities described for consistency review through NOAA’s affected State. The new rule will not in them will be conducted in a manner implementing regulations. If a State change the current information consistent with the enforceable policies wants to obtain more information (the collection process outlined in the of approved coastal management NOAA consistency regulations. Instead, draft EIS) before the consistency review programs. We are prohibited from the rule informs States and OCS starts, the State must comply with permitting OCS plan activities until the operators that MMS reconsidered the NOAA’s consistency regulations—in State concurs with or is presumed to relationship between the NEPA process this case that means listing the draft EIS concur with the plan’s consistency and State consistency reviews, and we as ‘‘necessary data and information.’’ certification. Because the OCS plan will give the draft EIS to those States The NOAA regulations do not require reviewed by the State for consistency that require the DPP NEPA document as listing the draft EIS if the State simply includes a description of proposed necessary information that the State wanted the draft EIS as ‘‘supplemental’’ permitted activities, the subsequently must receive before consistency review information. Finally, some States may filed permits are already covered by the can begin. be satisfied with the information they State’s consistency review. Comment: A commenter suggested receive and may not choose to require Comment: A commenter suggested that we provide the States with all the the draft EIS. that Federal consistency determinations comments on the draft EIS in addition Comment: A commenter stated that should be included at each stage of the to the draft EIS. current MMS regulations prevent States NEPA process. States should be allowed Response: We did not incorporate this from reviewing for consistency certain to review for consistency each suggestion into the final rule. We will permits issued after a plan’s approval individual stage of the NEPA process, provide the State, upon request, a copy and suggested that MMS include these especially when significant changes are of the comments on the draft EIS. The permitted activities in either the OCS made to the project or analyses. purpose of supplying information is to Plan or associated NEPA document Response: NEPA documents do not help the State determine consistency making those activities available for trigger a consistency review. NEPA through understanding how the consistency review. documents analyze environmental proposed project could affect coastal Response: NOAA’s regulations impacts. They do not approve activities resources and uses. The draft EIS is our preclude the States from reviewing by either the Government or the lessees. primary source of environmental permits associated with a plan that Nor do they approve licenses or permits. analytical information focusing on already received State consistency However, MMS regulations provide that impacts of the OCS project on the concurrence. The NOAA regulations if the OCS plan changes substantially human, marine, and coastal state: (e.g., significantly changes the impacts environments. The comments we If the State agency issues a concurrence or that were previously identified and receive on the draft EIS, while very is conclusively presumed to concur with the evaluated; requires additional permits; useful, are a critique of the proposal and person’s consistency certification, the person or proposes activities not previously the draft EIS and not an environmental will not be required to submit additional identified and evaluated) after the impact analysis. To obtain public consistency certifications and supporting State’s concurrence, the proposed comment on the OCS proposal, the information for the State agency review at the revised OCS plan will be subject to State NOAA regulations require the States to time Federal applications are actually filed consistency review. comply with certain public notice and for the Federal licenses and permits to which Comment: A commenter expressed comment requirements. Through those such concurrence applies. (15 CFR 930.80) concern that delaying the State’s NOAA processes, the States can acquire The MMS regulations incorporate the consistency decision until later in the public opinions/concerns about the OCS NOAA exemption: DPP process would not give MMS consistency review. consistency-related information in a ** *APD’s must conform to the activities Comment: A commenter suggested described in detail in the approved timely fashion and could result in that we apply the same requirement to Exploration Plan and shall not be subject to considerable NEPA-related delays. exploration plans. a separate State coastal zone consistency Response: The new rule will not delay Response: Given that exploration review. (30 CFR 250.203(p)) our NEPA process. Before we prepare an activities are temporary and less ** *All APD’s and applications to install EIS, we conduct ‘‘scoping.’’ Scoping complicated than those associated with platforms and structures, pipelines, and identifies the extent and significance of a normally 30-year development and production equipment must conform to the important environmental issues production project, the information and activities described in detail in the approved associated with a proposed Federal analysis requirements under NOAA Development and Production Plan and shall action. During scoping, we ask the consistency and MMS operating not be subject to a separate State coastal zone public; local, State, and Federal consistency review. (30 CFR 250.204(t)) regulations provide the State with a agencies; and interested organizations or sufficient basis on which to render a Briefly, OCS plans include: individuals to identify issues, resources,

VerDate 22-SEP-99 10:47 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\A01OC0.105 pfrm01 PsN: 01OCR1 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53199 impacts, and any alternatives to the (3) This rule does not alter the entities that provide support for offshore proposed action that the EIS should budgetary effects or entitlements, grants, activities. Small government entities, address. Issues identified and ultimately user fees, or loan programs or the rights such as small local governments in an analyzed in the impact statement or obligations of their recipients. The affected State’s coastal zone, can typically include those covered by the clarifications contained in the rule do participate in State coastal zone review State’s coastal management program. not change existing regulations and and can request that the Regional We also include State CZM agencies in therefore do not alter the budgetary Supervisor provide copies of plans. our scoping process. effects, grants, user fees etc. None of the proposed changes will Comment: A commenter suggested (4) This rule does not raise novel legal affect this process. that we clarify proposed language to be or policy issues. The clarifications in Your comments are important. The sure that the OCS plan the State receives the rule are based on the longstanding Small Business and Agriculture to begin its consistency review is the legal authority of the OCSLA, CZMA, Regulatory Enforcement Ombudsman version that MMS deems complete. NEPA and other laws. As previously and 10 Regional Fairness Boards were Response: The new rule makes that stated it clarifies the authority of NOAA established to receive comments from change. regulations. small business about Federal agency Comment: A commenter suggested to Civil Justice Reform (E.O. 12988) enforcement actions. The Ombudsman change the language to require MMS to will annually evaluate the enforcement According to E.O. 12988, the Office of send the final EIS. activities and rate each agency’s the Solicitor has determined that this Response: When MMS prepares a DPP responsiveness to small business. If you rule does not unduly burden the judicial EIS, OCSLA requires that we approve, wish to comment on the enforcement system and meets the requirements of disapprove, or require modification of actions of MMS, call toll-free (888) 734– sections 3(a) and 3(b)(2) of the Order. the DPP 60 days after the release of the 3247. final EIS. State consistency review takes National Environmental Policy Act Small Business Regulatory Enforcement from 3 to 6 months. Therefore, starting (NEPA) consistency review upon the release of Fairness Act (SBREFA) This rule does not constitute a major the final EIS would violate the required This rule is not a major rule under (5 deadline in OCSLA. Federal action significantly affecting the quality of the human environment. A U.S.C. 804(2)) SBREFA. This rule: Procedural Matters detailed statement under the NEPA of (a) Does not have an annual effect on Federalism (Executive Order (E.O.) 1969 is not required. the economy of $100 million or more. 12612) Paperwork Reduction Act (PRA) of 1995 (b) Will not cause a major increase in costs or prices for consumers, According to E.O. 12612, the rule The information collection individual industries, Federal, State, or does not have significant Federalism requirements in subpart B remain local government agencies, or implications. A Federalism assessment unchanged. The current information geographic regions. is not required. collection requirements of Subpart B, Exploration and Development and (c) Does not have significant adverse Takings Implications Assessment (E.O. Production Plans, have been approved effects on competition, employment, 12630) by OMB under 44 U.S.C. 3507 and investment, productivity, innovation, or According to E.O. 12630, the rule assigned OMB control number 1010– ability of U.S.-based enterprises to does not have significant takings 0049. compete with foreign-based enterprises. implications. A Takings Implication Regulatory Flexibility Act Unfunded Mandate Reform Act (UMRA) Assessment is not required. of 1995 DOI certifies that this document will Regulatory Planning and Review (E.O. not have a significant economic effect This rule does not impose an 12866) on a substantial number of small entities unfunded mandate on State, local, or This document is not a significant under the Regulatory Flexibility Act (5 tribal governments or the private sector rule and is not subject to review by the U.S.C. 601 et seq.). of more than $100 million per year. The Office of Management and Budget under The revision to the rule will clarify, rule does not have a significant or E.O. 12866. but not change, the requirements unique effect on State, local or tribal (1) This rule will not have an effect of currently in place for OCS plan review governments or the private sector. A $100 million or more on the economy. and approval. The changes make clear statement containing the information It will not adversely affect in a material that NOAA regulations govern State required by UMRA (2 U.S.C. 1531 et way the economy, productivity, coastal zone consistency review of OCS seq.) is not required. competition, jobs, the environment, plans submitted to us. There will be no List of Subjects in 30 CFR Part 250 public health or safety, or State, local, change to current procedures resulting or tribal governments or communities. from the amendment to the rule. DOI Continental shelf, Environmental The rule simply clarifies the authority of has determined that these changes to the impact statements, Environmental NOAA regulations for State coastal zone rule will not have a significant effect on protection, Government contracts, consistency review. It also makes a substantial number of small entities. Incorporation by reference, available to those States requiring it, a In general, most entities that engage in Investigations, Mineral royalties, Oil copy of the draft DPP EIS when MMS offshore activities are not considered and gas development and production, prepares one. small due to the technical and financial Oil and gas reserves, Penalties, (2) This rule will not create a serious resources and experience necessary to Pipelines, Public lands—mineral inconsistency or otherwise interfere conduct such activities safely. However, resources, Public lands—rights-of-way, with an action taken or planned by those lessees that are classified as small Reporting and recordkeeping another agency. There are no new businesses will not be affected. DOI also requirements, Sulphur development and requirements in this rule. The rule determined that there are no indirect production, Sulphur exploration, Surety simply clarifies existing regulations. effects of this rulemaking on small bonds.

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Dated: September 3, 1999. EIS and when the State’s federally I. Background on the West Virginia Sylvia V. Baca, approved coastal management program Program Assistant Secretary, Land and Minerals requires a DPP NEPA document for use On January 21, 1981, the Secretary of Management. in determining consistency, we will the Interior conditionally approved the For the reasons stated in the forward a copy of the draft EIS to the West Virginia program. You can find preamble, the Minerals Management State’s CZM Agency. We will also make background information on the West Service amends 30 CFR part 250 as copies of the draft EIS available to any Virginia program, including the follows: appropriate Federal Agency, interstate Secretary’s findings, the disposition of entity, and the public. PART 250ÐOIL AND GAS AND comments, and the conditions of the * * * * * SULPHUR OPERATIONS IN THE approval in the January 21, 1981, OUTER CONTINENTAL SHELF [FR Doc. 99–25499 Filed 9–30–99; 8:45 am] Federal Register (46 FR 5915–5956). BILLING CODE 4310±MR±P You can find later actions concerning 1. The authority citation for part 250 the West Virginia program and previous continues to read as follows: amendments at 30 CFR 948.10, 948.12, Authority: 43 U.S.C. 1334. DEPARTMENT OF THE INTERIOR 948.13, 948.15, and 948.16. 2. In § 250.203, paragraph (f) is Office of Surface Mining Reclamation II. Submission of the Amendment revised to read as follows: and Enforcement By letter dated May 5, 1999 (Administrative Record Number WV– § 250.203 Exploration Plan. 30 CFR Part 948 * * * * * 1127), the West Virginia Division of (f) Within 2 working days after we [WV±082±FOR] Environmental Protection (WVDEP) deem the Exploration Plan submitted, submitted an amendment to the West West Virginia Regulatory Program the Regional Supervisor will send by Virginia permanent regulatory program receipted mail a copy of the plan AGENCY: Office of Surface Mining pursuant to 30 CFR 732.17. The (except those portions exempt from Reclamation and Enforcement (OSM), amendment concerns changes to the disclosure under the Freedom of Interior. West Virginia regulations made by the State Legislature in House Bill 2533 Information Act and 43 CFR part 2) to ACTION: Final rule; approval of the Governor or the Governor’s amendment. which was enacted on April 2, 1999. In designated representative and the CZM addition, the WVDEP requested that agency of each affected State. SUMMARY: OSM is announcing its OSM reconsider its disapproval of parts Consistency review begins when the approval of amendments and its of CSR 38–2–3.12 (concerning State’s CZM agency receives a copy of decision concerning the State’s request subsidence control plan) and 38–2–16.2 the deemed submitted plan, consistency that we reconsider certain decisions on (concerning surface owner protection) certification, and required necessary a previous program amendment to the and remove the corresponding required data and information as directed by 15 West Virginia permanent regulatory regulatory program amendments CFR 930.78. program under the Surface Mining specified in the February 9, 1999, Federal Register (64 FR 6201–6218) in * * * * * Control and Reclamation Act of 1977 3. In § 250.204, paragraphs (i) and (j) (SMCRA). The amendment revises the light of the April 27, 1999, United States are revised to read as follows: West Virginia surface mining Court of Appeals decision on Case No. regulations concerning definitions of 98–5320. § 250.204 Development and Production ‘‘area mining operations’’ and We announced receipt of the Plan. ‘‘mountaintop mining operations;’’ proposed amendment in the May 27, * * * * * variances from approximate original 1999, Federal Register (64 FR 28771), (i) We will process the plan according contour in steep slope areas; subsidence invited public comment, and provided to this section and 15 CFR part 930. control plans; permit issuance; an opportunity for a public hearing on Accordingly, consistency review begins construction tolerance; surface owner the adequacy of the proposed when the State’s CZM agency receives a protection; and primary and emergency amendment. The public comment copy of the deemed submitted plan, spillway designs. The previous period closed on June 28, 1999. No one consistency certification, and required amendment being reconsidered requested an opportunity to speak at a necessary data and information as concerns subsidence regulations. The public hearing, so none was held. directed by 15 CFR 930.78. amendment is intended to improve the III. Director’s Findings (j) The Regional Supervisor will operational efficiency of the State evaluate the environmental impact of program, and to make the regulations Following, according to SMCRA and the activities described in the consistent with the counterpart Federal the Federal regulations at 30 CFR 732.15 Development and Production Plan regulations. and 732.17, are our findings concerning (DPP) and prepare the appropriate EFFECTIVE DATE: October 1, 1999. the proposed amendment. Any revisions environmental documentation required that we do not specifically discuss FOR FURTHER INFORMATION CONTACT: Mr. by the National Environmental Policy below concern nonsubstantive wording Roger W. Calhoun, Director, Charleston Act of 1969. At least once in each changes or revised paragraph notations Field Office, 1027 Virginia Street East, planning area (other than the western to reflect organizational changes that Charleston, West Virginia 25301. and central Gulf of Mexico planning result from this amendment. Telephone: (304) 347–7158. areas), we will prepare an 1. CSR 38–2–2.11 Definition of ‘‘Area environmental impact statement (EIS) SUPPLEMENTARY INFORMATION: Mining Operation.’’ In this new I. Background on the West Virginia Program and send copies of the draft EIS to the II. Submission of the Amendment definition, ‘‘Area Mining Operation’’ is Governor of each affected State and the III. Director’s Findings defined to mean a mining operation executive of each affected local IV. Summary and Disposition of Comments where all disturbed areas are restored to government that requests a copy. V. Director’s Decision approximate original contour (AOC) Additionally, when we prepare a DPP VI. Procedural Determinations unless the operation is located in steep

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However, such buildings used on a temporary probable maximum precipitation (PMP) it is not classified as a mountaintop basis as provided by 30 CFR 701.5. event for impoundments meeting the operation for one or more of the 4. CSR 38–2–3.32.b. Findings—permit size or other criteria of 30 CFR 77.216(a) following reasons: issuance. In the third paragraph, the from a 24-hour storm event to a ‘‘six (6)’’ 2.11.a. The site may be restored to name of the database ‘‘Surface Mining hour storm event. This change has been AOC; or Information System’’ is deleted and submitted in response to a required 2.11.b. The entire coal seam may not replaced by ‘‘Environmental Resources program amendment codified at 30 CFR be removed. Information Network.’’ We find that this 948.16(uuu). On February 21, 1996 (61 There is no Federal definition of the name change more accurately describes FR 6528) the Director determined that term ‘‘area mining operation.’’ However, the WVDEP’s surface mine database the State’s PMP 24-hour storm event we find that the term ‘‘area mining management system. The proposed standard would be impossible to operation’’ does not include revision does not render the West implement because the U.S. Weather ‘‘mountaintop-removal mining’’ and is Virginia program less effective than the Service’s document ‘‘Rainfall Frequency analogous with the Federal Federal requirements and, therefore, can Atlas’’ does not have data charts requirements relating to ‘‘steep slope be approved. concerning PMP for a 24-hour storm mining.’’ Because the definition is not 5. CSR 38–2–3.35 Construction event. The ‘‘Rainfall Frequency Atlas’’ inconsistent with SMCRA or the Federal tolerance. This subsection is amended does, however, contain data charts for regulations it can be approved. by adding the title ‘‘Construction PMP 6-hour storm events. We find that 2. CSR 38–2–2.78 Definition of Tolerance.’’ We find that this change with this change, the provision is ‘‘Mountaintop Mining Operation.’’ In clarifies the purpose of the provisions at substantively identical to the Federal this new definition, ‘‘Mountaintop subdivision 3.35 and can be approved. regulations at 30 CFR 816/817.84(b)(2) Mining Operation’’ is defined to mean a 6. CSR 38–2–14.12.a.1. Variance from and which specify the PMP 6-hour mining operation that removes an entire approximate original contour storm event. We also find that this coal seam or seam(s) in an upper requirements. This provision is amendment satisfies the required fraction of a mountain, ridge, or hill and amended by adding the following program amendment codified at 30 CFR creating a level plateau or a gently language: ‘‘and the land after 948.16 (uuu) which can be removed. rolling contour with no highwalls. The reclamation is suitable for industrial, 9. WVDEP request that OSM approved postmining land use must be commercial, residential or public use reconsider certain decisions and in accordance with § 22–3–13(c)(3) of (including recreational facilities).’’ As required amendments published in the the West Virginia Code. We find the amended the provision reads as follows. February 9, 1999, Federal Register (64 definition of ‘‘mountaintop mining ‘‘The permit area is located on steep FR 6201–6218). operation’’ to be substantively identical slopes as defined in subdivision 14.8.a. Along with its submittal of this to the Federal regulations governing of this rule and the land after amendment, the WVDEP also requested ‘‘mountaintop removal mining’’ at 30 reclamation is suitable for industrial, that we reconsider our disapproval of CFR 824.11(a)(2) and it is, therefore, commercial, residential or public use amendments and the related required approved. (including recreational facilities).’’ We amendments to the West Virginia 3. CSR 38–2–3.12 Subsidence control find that the new language is program in the February 9, 1999, plan. Subdivision 3.12.a.2. is amended substantively identical to the Federal Federal Register (64 FR 6201–6218). In to change the words ‘‘could regulations at 30 CFR 785.16(a)(1), that notice, we disapproved parts of contaminate, diminish or * * *’’ to read pertaining to variance from the CSR 38–2–3.12 (concerning subsidence ‘‘could be contaminated, diminish or approximate original contour (AOC) control plan) and 38–2–16.2 (concerning ** *’’ We find that this change helps requirement for steep slope mining surface owner protection) and added to clarify the meaning of this provision operations, and can be approved. This related required regulatory program and can be approved. However, the revision satisfies the required amendments. The WVDEP cited the proposed change has not satisfied the amendment at 30 CFR 948.16(mmm) United States Court of Appeals decision required amendment at 30 CFR which can be removed. in National Mining Ass’n. v. Babbitt, 948.16(aaaa). The second paragraph of 7. CSR 38–2–16.2. Surface owner 172 F.3d 906 (D.C. Cir. 1999), as the subdivision 3.12.a.2. is amended by protection. Subdivision 38–2–16.2.c. is basis for its request. adding the word ‘‘building’’ to read as amended by adding the word ‘‘damage’’ In the above referenced decision, the follows: ‘‘A survey of the condition of after the word ‘‘Material’’ at the Court struck down two OSM regulations all non-commercial building or beginning of the first sentence. In on coal mine subsidence. First, the residential * * *’’ We find that the addition, the words ‘‘or facility’’ are Court of Appeals vacated 30 CFR addition of the word ‘‘building’’ at added after the word ‘‘structure’’ and 817.121(c)(4)(i), which established a Subdivision 3.12.a.2 is no less effective before the word ‘‘from’’ near the end of rebuttable presumption that damage to than 30 CFR 784.20(a)(3) and can be the first sentence. We find that these any noncommercial building or approved. changes, which are no less effective occupied residential dwelling or Subdivision 3.12.a.2.B. is amended to than 30 CFR 701.5, clarify the meaning structure related thereto, resulting from change the words ‘‘Non-commercial of the term ‘‘material damage’’ and, earth movement occurring within the building as used in this section means, therefore, can be approved. ‘‘angle of draw’’ of an underground other than * * *’’ to read ‘‘Non- Subdivision 38–2–16.2.c.3. is mining operation, was caused by commercial building as used in this amended to delete the word ‘‘occurs’’ subsidence from that mining operation. section means any building, other than after the words ‘‘subsidence damage’’ 172 F.3d at 913. The Court also struck ** *’’ We find that this change and before the words ‘‘to any.’’ We find down a portion of 30 CFR 784.20(a)(3) clarifies the meaning of this provision that this change eliminates a redundant that required coal operators to conduct

VerDate 22-SEP-99 10:47 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\A01OC0.121 pfrm01 PsN: 01OCR1 53202 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations presubsidence structural condition or the Clean Air Act (42 U.S.C. 7401 et VI. Procedural Determinations surveys. The Court vacated this seq.). We determined that none of the Executive Order 12866 provision because the area in which the amendments required EPA concurrence. survey was required was defined by This rule is exempted from review by Pursuant to 30 CFR 732.17(h)(11)(i), the Office of Management and Budget reference to the angle of draw, which we solicited comments on the proposed the Court found to be an arbitrary and (OMB) under Executive Order 12866 amendment from EPA. The EPA capricious basis for the establishment of (Regulatory Planning and Review). responded and stated that it had no a rebuttable presumption. Id. at 915. Executive Order 12988 The two regulations that were struck objections to the proposed revisions. down were among those issued on The EPA recommended, however, that The Department of the Interior has March 31, 1995, at 60 FR 16722–51, the definition of ‘‘mountaintop mining conducted the reviews required by pursuant to SMCRA and section 2504 of operation’’ at CSR 38–2–2.78 be section 3 of Executive Order 12988 the Energy Policy Act of 1992. The clarified. The EPA stated that the (Civil Justice Reform) and has Energy Policy Act of 1992 added a new definition gives the impression that determined that, to the extent allowed section 720 to SMCRA. Section 720 approval of an AOC variance is not by law, this rule meets the applicable requires underground mine operators to necessary to create the level area as long standards of subsections (a) and (b) of repair or to compensate for material as an approved postmining land use that section. However, these standards damage to residential structures and plan is approved. The EPA are not applicable to the actual language noncommercial buildings, and to recommended that the definition be of State regulatory programs and replace residential water supplies amended to clarify that W.Va Code 22– program amendments since each such adversely affected by underground 3–13(c)(3) includes a requirement of an program is drafted and promulgated by mining. AOC variance. In response, we agree a specific State, not by OSM. Under As the WVDEP requested, we that amending the definition as sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and 30 CFR reviewed the findings that we made in recommended by EPA would add to its 730.11, 732.15, and 732.17(h)(10), the February 9, 1999, Federal Register clarity. However, since the proposed notice in the light of the Court of decisions on proposed State regulatory definition already requires compliance programs and program amendments Appeals decision cited above. Based on with W.Va Code 22–3–13(c)(3), which our review, we have determined that submitted by the States must be based requires that an operator be granted a solely on a determination of whether the some of our decisions and required variance in order to be exempt from the amendments are affected by the Court’s submittal is consistent with SMCRA and AOC requirement for a mountaintop- its implementing Federal regulations decisions. Therefore, in a future Federal removal operation, we conclude that the Register notice, we will identify the and whether the other requirements of additional clarification to the definition specific findings, decisions and required 30 CFR Parts 730, 731, and 732 have is not necessary. amendments that are affected by the been met. Court’s decision. We will open a public V. Director’s Decision National Environmental Policy Act comment period and will ask for public No environmental impact statement is comment on the decisions that we Based on the findings above, we are required for this rule since section propose to amend and the required approving the proposed amendments. In 702(d) of SMCRA (30 U.S.C. 1292(d)) amendments that we propose to delete. a future Federal Register notice, we will identify the specific findings decisions provides that agency decisions on IV. Summary and Disposition of proposed State regulatory program and required amendments published in Comments provisions do not constitute major our February 9, 1999, Federal Register Federal actions within the meaning of Federal Agency Comments notice that are affected by the United section 102(2)(C) of the National As required by 30 CFR States Court of Appeals decision in Environmental Policy Act (42 U.S.C. 732.17(h)(11)(i), we solicited comments National Mining Ass’n. v. Babbitt, 172 4332(2)(C)). on the proposed amendment from F.3d 906 (D.C. Cir. 1999). We will open various Federal agencies with an actual a public comment period and will ask Paperwork Reduction Act or potential interest in the West Virginia for public comment on the decisions This rule does not contain program on May 21, 1999. The U.S. that we propose to amend and the information collection requirements that Department of Labor, Mine Safety and required amendments that we propose require approval by OMB under the Health Administration responded and to delete. Paperwork Reduction Act (44 U.S.C. stated that it had no comments. The Federal regulations at 30 CFR 948 3507 et seq.). Public Comments codifying decisions concerning the West Regulatory Flexibility Act Virginia program are being amended to We solicited public comments on the The Department of the Interior has implement this decision. The required amendment. No comments were determined that this rule will not have received. regulatory program amendments a significant economic impact on a codified at 30 CFR 948.16(mmm) and substantial number of small entities U.S. Environmental Protection Agency CFR 948.16(uuu) are being removed. under the Regulatory Flexibility Act (5 (EPA) This final rule is being made effective U.S.C. 601 et seq.). The State submittal Under 30 CFR 732.17(h)(11)(ii), the immediately to expedite the State which is the subject of this rule is based Director is required to obtain the written program amendment process and to upon corresponding Federal regulations concurrence of the Administrator of the encourage States to bring their programs for which an economic analysis was EPA with respect to any provisions of a into conformity with the Federal prepared and certification made that State program amendment that relate to standards without undue delay. such regulations would not have a air or water quality standards Consistency of State and Federal significant economic effect upon a promulgated under the authority of the standards is required by SMCRA. substantial number of small entities. Clean Water Act (33 U.S.C. 1251 et seq.) Accordingly, this rule will ensure that

VerDate 22-SEP-99 10:47 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\A01OC0.123 pfrm01 PsN: 01OCR1 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53203 existing requirements previously List of Subjects in 30 CFR Part 948 PART 948ÐWEST VIRGINIA promulgated by OSM will be implemented by the State. In making the Intergovernmental relations, Surface 1. The authority citation for part 948 determination as to whether this rule mining, Underground mining. continues to read as follows: would have a significant economic Dated: September 7, 1999. Authority: 30 U.S.C. 1201 et seq. impact, the Department relied upon the Allen D. Klein, data and assumptions for the Regional Director, Appalachian Regional 2. Section 948.15 is amended in the corresponding Federal regulations. Coordinating Center. table by adding a new entry in Unfunded Mandates chronological order by ‘‘Date of Final For the reasons set out in the Publication’’ to read as follows: This rule will not impose a cost of preamble, Title 30, Chapter VII, $100 million or more in any given year subchapter T of the Code of Federal § 948.15 Approval of West Virginia on any governmental entity or the Regulations is amended as set forth regulatory program amendments. private sector. below: * * * * *

Original amendment submission Date of final date publication Citation/description

******* May 5, 1999 ...... 10±1±99 ...... CSR 38±2±2.11; 2.78; 3.12.a.2, and .2.B; 3.32.b; 3.35; 14.12.a.1; 16.2.c, and .c.3; and 22.4.g.

§ 948.16 [Amended] corresponding Federal regulations and revises the section delineating the 3. Section 948.16 is amended by SMCRA. contents of permit applications; (4) removing and reserving paragraphs EFFECTIVE DATE: October 1, 1999. Chapter 2, Section 2(a)(vi)(G)(II), for (mmm) and (uuu). FOR FURTHER INFORMATION CONTACT: Guy notification of the U.S. Fish and Padgett, Telephone: 307–261–6550; Wildlife Service; (5) Chapter 2, Section [FR Doc. 99–25551 Filed 9–30–99; 8:45 am] 1(a)(vi)(H), geology description; (6) BILLING CODE 4310±05±P Internet address: [email protected]. Chapter 2, Section 2(a)(vi)(J), corrects SUPPLEMENTARY INFORMATION: incorrect references to the Wyoming Statutes; (7) Chapter 2, Section DEPARTMENT OF THE INTERIOR I. Background on the Wyoming 2(a)(vi)(J)(II), for maps submitted in a Office of Surface Mining Reclamation Program permit application; (8) Chapter 2, and Enforcement On November 26, 1980, the Secretary Section 2(b)(iv)(C), the subsection on of the Interior conditionally approved revegetation; (9) Chapter 2, Section 30 CFR Part 950 the Wyoming program. You can find 2(b)(vi)(C), for the submission of background information on the resource information; (10) Chapter 4, [SPATS No. WY±028±FOR] Wyoming program, including the Section 2(c)(ix), for the use of selected Wyoming Regulatory Program Secretary’s findings, the disposition of spoil material; (11) Chapter 4, Section comments, and the conditions of 2(d)(x)(E)(I), the rule on shrub density; AGENCY: Office of Surface Mining approval in the November 26,1980, (12) Chapter 4, Section 2(d)(x)(E)(III), Reclamation and Enforcement, Interior. Federal Register (45 FR 78637). the rule for revegetation standards on ACTION: Final rule; approval of Subsequent actions concerning crucial habitat; (13) Chapter 8, Sections amendment. Wyoming’s program and program 3–4–5, the rules for special bituminous amendments can be found at 30 CFR coal mines; (14) Chapter 12, Section SUMMARY: The Office of Surface Mining 950.12, 950.15, 950.16 and 950.20. 1(a)(iv)(B), rules for properties on the Reclamation and Enforcement (OSM) is National Register of Historic Places; (15) approving an amendment to the II. Submission of the Proposed Chapter 12, Section 1(a)(v)(C), the rule Wyoming regulatory program under the Amendment on permitting procedures for properties Surface Mining Control and By letter dated July 13, 1998, listed or eligible for listing on the Reclamation Act of 1977 (SMCRA). (Administrative Record No. WY–33–1), National Register of Historic Places; (16) Wyoming proposed revisions to and Wyoming sent us an amendment to its Chapter 12, Section 1(b)(ii), the rule on additions of rules for fish and wildlife program under SMCRA (30 U.S.C. 1201 procedures for permit transfers; (17) habitat and resource information, shrub et seq.). Wyoming’s amendment was in Chapter 16, Section 3(c) and (f), rules density, certification of maps by a response to a December 23, 1985 letter concerning civil penalties; (18) registered professional engineer, that we sent to Wyoming in accordance Appendix A, Appendix IV, rules for geologic descriptions, topsoil with 30 CFR 723.17(c) and in response Threatened and Endangered Species in substitutes, special bituminous coal to the required program amendments at Wyoming; (19) Appendix A, Options I– mines, archaeological and historic 30 CFR 950.16(b), (c), (g), (v), (x), (ii)(1), IV, for minor changes to the shrub resources, permit transfers, civil and (kk), and on its own initiative. The density option tables; (20) Appendix A, penalties, and miscellaneous changes to provisions of its ‘‘Coal Rules and Section II.C.2.c, corrects the cross- Appendix A of Wyoming’s rules, which Regulations’’ that Wyoming proposed to reference to the rule on cropland, concern vegetations sampling methods revise and add are: (1) Chapter 1, hayland or pastureland; (21) Appendix and reclamation success standards for Section 2(ac), revises the definition of A, Section II.C.3, removes the language surface coal mining operations. ‘‘eligible land’’; (2) Chapter 1, Section referring to the approval of the shrub Wyoming intends to revise its 2(v) revising the definition of critical density rule and replaces it with the program to be consistent with the habitat, (3) Chapter 2, Section 1(e), August 6, 1996 date of the rule’s

VerDate 22-SEP-99 10:47 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\A01OC0.125 pfrm01 PsN: 01OCR1 53204 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations approval; and (22) Appendix A, Section The reference to the Wyoming 817.97(b). We approve the revised VIII.E, also removes the language Environmental Quality Act in both of definition. referring to the approval of the shrub the rules noted above is proposed for 3. Chapter 2, Section 2(a)(vi)(G)(II), density rule and replaces it with the revision because it no longer references Notification of FWS if Critical/Crucial the appropriate statute. Article 9 of the August 6, 1996 date of that rule’s Habitat Destruction Is Likely approval. Act was modified by Wyoming’s 1995 We announced receipt of the Legislature. Many of the provisions In the August 6, 1996 Federal amendment in the July 29, 1998, within W.S. 35–11–901 were repealed Register notice, we required Wyoming Federal Register (63 FR 40384). In the from that subsection and moved into a to clarify that the U.S. Fish and Wildlife same document we opened the public new subsection numbered 35–11–902, Service (USFWS) will be contacted by comment period and provided an entitled ‘‘Surface Coal Mining the Administrator of the LQD in the opportunity for a public hearing or operations; violations of provisions, event that habitat declared to be meeting on its substantive adequacy, penalties.’’ The changes proposed above ‘‘critical’’ is threatened by any mining and invited public comment on the now correctly reference Article 9. related activity. (Finding No. 10, 61 FR adequacy of the amendment. Because no D. Appendix A, Section II.C.2.c; 40741) one requested a public meeting or corrects cross reference from shrub In the proposed rule Wyoming hearing, we did not hold one. The density to cropland standard (no clarifies that the U.S. Fish and Wildlife public comment period closed on Federal counterpart). Service shall be contacted if critical August 28, 1998. This revision changes the incorrect habitat destruction is likely. cross-reference from the shrub density We find that Wyoming’s proposed III. Director’s Findings standard on eligible coal mined lands, rule clarification at Chapter 2, Section Following, under SMCRA and the 2(d)(x)(E), to the reclamation 2(a)(vi)(G)(II) is no less effective than Federal regulations at 30 CFR 732.15 requirements for cropland, 2(d)(x)(I). the Federal regulations at 30 CFR and 732.17, are our findings concerning E. Appendix A, Options I–IV, fifteen 780.16(a) and (a)(2)(i). We approve the the amendment. As discussed below we minor changes to shrub density option revision. find that the proposed program tables (no Federal counterpart); 4. Chapter 2, Section 2(a)(vi)(H), amendment submitted by Wyoming on Wyoming’s Land Quality Division Description of Areal and Structural July 13, 1998, is no less effective than (LQD) held a workshop for industry Geology in the Permit Application the corresponding Federal regulations. representatives and consultants on September 30 and October 1, 1996 to In a final rule Federal Register notice Accordingly, we approved the dated July 25, 1990 (finding No. 2, 55 amendment. discuss and describe the newly adopted shrub density standard for coal FR 30221, 30223), we approved 1. Nonsubstantive Revisions to operators. As part of this discussion, Wyoming’s revisions to counterparts to Wyoming’s Rules and Statute several errors, inconsistencies and 30 CFR 780.22(b)(1) and 784.22(b)(1) improvements were identified. These relating to geologic permitting Wyoming proposes revisions to the information. However, we required that following previously-approved rules figures have therefore been proposed for revision to correct the errors and Wyoming amend its rules to mandate and statutes that are nonsubstantive in that the geologic description include nature and consist of minor, non- improve the readability of the information. areal and structural geology of the substantive changes (corresponding permit and adjacent areas, and other Federal regulation provisions are listed Because the proposed revisions to these previously-approved rules are parameters which influence the in parentheses): required reclamation and the A. Chapter 1, Section 2 (ac); Chapter nonsubstantive in nature, we find that they are no less effective than the occurrence, availability, movement, 4, Section 2(d)(x)(E)(I); Appendix A, quantity, and quality of potentially Section II.C.3; Section VIII.E; (no Federal regulations and we therefore approve them. impacted surface and ground water. Federal counterparts)—[adds date of This requirement was codified at 30 approval of shrub density rule]. 2. Chapter 1, Section 2(v), Definition of CFR § 950.16(b). This revision replaces the reference to Critical Habitat In the proposed rule Wyoming added the approval of the shrub density rule In the August 6, 1996 Federal the required language. with the August 6, 1996 date of Register, we approved Wyoming’s rule In addition to the above, Wyoming is approval of that rule. definition of ‘‘critical habitat’’ at proposing to add the words ‘‘by B. Chapter 2, Section 1(e) and Section Chapter I, section 2(v) but extrapolation’’ before the words 2(b)(iv)(c), deletes reference to the recommended that Wyoming delete ‘‘adjacent areas.’’ This change, which defunct State Conservation Commission references to the Secretary of Commerce has no counterpart in the Federal rule, (no Federal counterpart). and to the Department of Commerce is being proposed to make it clear that The State Conservation Commission regulations at 50 CFR part 226 (finding a mining operator may use drilling has been disbanded and replaced by the No. 3 61 FR 40735, 40736). OSM information from within the permit area State Board of Agriculture. However, recommended this change because the to extrapolate out to adjacent areas in this Board does not make Secretary of Commerce has jurisdiction order to describe the geology of the recommendations for standards and over marine mammals which has no adjacent areas in the event that legal specifications for mine reclamation as relevance to the State of Wyoming since access to these areas for drilling did the former State Conservation Wyoming has no marine mammals. purposes is not available. This provision Commission. Therefore reference to the In this proposed rule definition, does not relieve companies from using Commission has been proposed for Wyoming deleted these references. existing information to characterize deletion by the State. We find that Wyoming’s revised rule adjacent areas or conduct field C. Chapter 16, Section 3(c) and (f), definition of ‘‘critical habitat’’ at chapter investigations of surface water corrects reference to the Wyoming I, section 2(v) is no less effective than characteristics outside the permit area if Statute concerning Civil Penalties (no the Federal regulations at 30 CFR needed. This provision only alleviates Federal counterpart). 780.16(a) and (b), 816.997(b), and the need to drill outside the permit area

VerDate 22-SEP-99 10:47 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\A01OC0.128 pfrm01 PsN: 01OCR1 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53205 in situations where permission for The phrase ‘‘licensed professional 8. Chapter 4, Section 2(c)(ix), Use of access cannot be obtained. Because the geologist’’ is also proposed to be Selected Spoil as a Topsoil or Subsoil Federal regulations at 30 CFR inserted into this rule to make it clear Substitute 780.22(b)(2) and 784.22(b)(2) only that these types of maps and cross- require the results of drilling from sections of the area affected within the The Federal regulations at 30 CFR within the permit area, the State’s use permit can now also be certified by a 816.22(b) state that selected overburden of the phrase, ‘‘by extrapolation’’ is no registered professional geologist as materials may be substituted for, or used less effective than the Federal allowed by the new Act. The authority as a supplement to topsoil if the requirement. for including this additional choice for operator demonstrates to the regulatory In addition to the above, the phrase certification is also provided in authority that the resulting soil medium ‘‘prepared or certified by a licensed subsections 33–41–102(a)(viii) and 33– is equal to, or more suitable for professional geologist’’ has also been 41–104(a)(iii) of the Wyoming sustaining vegetation than, the existing added to this rule. This was Geologists Practice Act. topsoil, and the resulting soil medium is recommended by the Wyoming State The Federal counterpart for this rule the best available in the permit area to Geologist because the recently-adopted is 30 CFR 779.25, which provides that support vegetation. 30 CFR 780.18(b)(4) Wyoming Geologists Practice Act such maps and plans can also be requires that a demonstration of the requires that the geologic reports in prepared by professional geologists. We suitability of topsoil substitutes or these descriptions must be prepared or find that Wyoming’s proposed rule is no supplements be based upon analysis of certified by a licensed professional less effective than the Federal rule and the thickness of soil horizons, total geologist. Subsection 33–41–102 of the approve the revision. depth, texture, percent coarse fragments, Wyoming Geologists Practice Act pH, and areal extent of the different 6. Chapter 2, Section 2(a)(vi)(J)(II), provides a definition for the ‘‘practice of kinds of soils. The regulatory authority Strike and Dips of Coal Seams in Permit geology before the Public’’. This may require other chemical and Application Maps definition includes ‘‘preparation of physical analyses, field-site trials, or geologic reports and maps, the As part of the July 25, 1990 Federal greenhouse tests if determined to be inspection of geological work and the Register (finding 3, 55 FR 30221), we necessary or desirable to demonstrate responsible supervision of geological required that Wyoming amend its rules the suitability of the topsoil substitutes services or work, the performance of at Chapter II, Section 3(a)(vi)(C)(II) to or supplements. which is relevant to public welfare or require that maps and cross sections The proposed State rule limits the use the safeguard of life, health, property show the strike and dip of the coal seam of topsoil substitutes or supplements to and the environment.’’ to be mined. This proposed rule has those situations where there is Wyoming proposed several other previously been reorganized and insufficient volume of suitable topsoil provisions to this rule. The first is the recodified as Chapter 2, Section or subsoil for salvage and redistribution. addition of the phrase ‘‘or other 2(a)(vi)(J)(II), and Wyoming added the While Wyoming’s proposed rule does qualified professional (as required by required language. not include counterparts to the Federal W.S. §§ 33–41–101 through 121).’’ We find that Wyoming’s revised requirements to identify the thickness or Wyoming also proposed adding Chapter 2, Section 2(a)(vi)(J)(II) is no areal extent of different kinds of soil several additional words to this rule. less effective than the Federal substitutes, this does not adversely The term ‘‘adversely’’ is proposed to be regulations at 30 CFR §§ 779.25(a)(4) affect its ability of the State to determine added to modify ‘‘affected’’ and ‘‘by and 783.25(a)(4). We approve the that the proposed topsoil substitute or mining’’ has been added after revised rule. ‘‘affected.’’ Both changes are intended to supplement is equal to, or more suitable make it clear that the detailed geologic 7. Chapter 2, Section 2(b)(vi)(c), for sustaining vegetation and is the best description only needs to include the Submission of Resource Information available in the permit area to support aquifer below the lowest coal seam to be When Requested by the U.S. Fish and vegetation. As proposed, the Wyoming mined if that aquifer is clearly going to Wildlife Service rule at chapter 4, Section 2(c)(ix) is be adversely affected by mining. In a 30 CFR Section 732 letter dated consistent with and no less effective Wyoming’s rule at Chapter 2, Section November 7, 1988, we required than the Federal regulations at 30 CFR 2(a)(vi)(H) is no less effective than the Wyoming to modify its program at 780.18(b)(4) and 816.22(b). We approve Federal regulations at 30 CFR Chapter II, Section 3(b)(iv). Wyoming the proposed rule. 780.22(b)(1) and 784.22(b)(1). We consequently reorganized and 9. Chapter 4, Section 2(d)(x)(e)(III), approve the proposed rule. recodified this rule as Chapter 2, Approval Authority of Wyoming’s Game Section 2(b)(vi)(C) to state that, if the 5. Chapter 2, Section 2(a)(vi)(J), Corrects and Fish Department for Revegetation appropriate U.S. Fish and Wildlife Standards on Crucial Habitat Declared References to Wyoming Statutes; Adds Service (USFWS) office wishes to ‘‘Licensed Professional Geologist’’ as Such Prior to Submittal of a Permit review specific fish and wildlife Application Wyoming’s proposal corrects two resource information and the proposed references to the Wyoming Statutes protection and enhancement plan In the August 6, 1996 Federal cited in the above rule. Subsection 33– contained in a permit application, the Register (FR 40738), we required 29–111 was renumbered to 33–29–139 Division will provide this information Wyoming to revise its rules at Chapter during the 1987 Wyoming Legislative to the USFWS within ten days of receipt 4, section 2(d)(x)(E)(III) to require session and Subsection 9–3–1402 was of such a request. Wyoming’s proposal Wyoming Game and Fish Department renumbered to 9–2–802 during 1982 includes revision to Chapter 2, Section approval of revegetation standards for Legislative session. However, Statute 9– 2(b)(vi)(C) adding the required grazing land that was designated by the 2–802 was repealed by the 1997 provision. Wyoming Game and Fish Department as Legislature and replaced by the We find that Wyoming’s revision is no crucial habitat prior to submittal of the Wyoming Geologists Practice Act. This less effective than the Federal regulation initial permit application or any Act consists of subsections 33–41–101 at 30 CFR 780.16(c) and 784.21(c) and subsequent amendments to the permit through 33–41–121. therefore approve it. application.

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Wyoming has added a requirement to to apply to new special bituminous word ‘‘any’’ in front of the phrase Chapter 4, section 2(d)(x)(e)(III) to mines and therefore could not be ‘‘places included in the National require Wyoming Game and Fish applied to new special bituminous Register of Historic Places’’ because its Department approval of revegetation mines. deletion did not assure that privately standards for grazing land that was This proposed Wyoming rule also and publicly-owned properties listed on designated by the Wyoming Game and adds a reference to Section 4 within the the National Register of Historic Places Fish Department as crucial habitat prior renumbered Section 5. General would be protected from disturbance by to submittal of the initial permit Performance Standards. Section 4, mining. Wyoming reinstated the word application or any subsequent Special Alternative Standards for New ‘‘any’’. This rule has been previously amendments to the permit application. Special Bituminous Coal Mines, must be reorganized and recodified as Chapter This addition meets the requirements of included in Section 5 to make it clear 12, Section 1(a)(v)(C). 30 CFR 950.16(ii)(1) and is no less that a new special bituminous mine In addition, Wyoming proposed effective than its counterpart at 30 CFR shall also comply with the performance adding the word ‘‘where’’ to replace 816.116. We approve the proposed rule. standards contained in SMCRA and ‘‘which’’ to make the rule more Chapter 4 to the extent that such understandable, along with the addition 10. Chapter 8, Section 3–4–5, Special performance standards do not preclude of the word ‘‘mining.’’ These proposed Alternative Standards for Existing and the benefit intended under the special changes also make the introductory New Special Bituminous Coal Mines; alternative regulations contained in portion of this rule identical to the General Performance Standards either Section 3 or 4 of Chapter 8. The introductory portion of the counterpart Section 527 of SMCRA addresses the proposed Wyoming rule is no less Federal rule at 30 CFR § 761.11(c). performance standards for special effective than the Federal rule and we In response to a suggestion by the bituminous coal surface mines. approve it. Wyoming State Historic Preservation Wyoming meets the criteria specified in Office, Wyoming included properties Section 527; therefore it is authorized to 11. Chapter 12, Section 1(a)(iv)(B), eligible for listing on the National issue separate regulations for its special Effective on Properties on the National Register along with properties listed to bituminous coal surface mines located Register of Historic Places Must Be be taken into consideration when west of the 100th meridian west Taken Into Account Prior to Permit determining whether surface coal longitude. 30 CFR 825 of the Federal Approval mining would be prohibited or limited regulations further specifies that In a final rule Federal Register notice if mining were to adversely affect any of ‘‘special bituminous coal mines in dated October 29, 1992 (57 FR 48984, these properties. Wyoming, as specified in section 527 of 48988), we found Wyoming’s proposed We find Wyoming’s proposed revision SMCRA, shall comply with the rule at Chapter XIII, Section 1(a)(v) to be to be no less effective than the Federal approved State program, including less effective than the Federal regulations at 30 CFR 761.H(C) and Wyoming statutes and regulations, and regulations to the extent that it did not therefore approve it. revisions thereto.’’ include a finding for properties listed on 13. Chapter 12, Section 1(b)(ii), Delete The Wyoming standards for the National Register of Historic Places. backfilling and grading the mine pit area Reference to some Public Participation (This rule has been previously Requirements for Permit Transfers and spoil piles associated with a new recodified as Chapter 12, Section special bituminous coal mine are 1(a)(iv)(B)). Consequently, we asked Wyoming proposes to add a provision currently provided in Chapter 8 through Wyoming to revise its rules at Chapter to Chapter 12, Section 1(b)(ii) that cross-referencing to Section 2(b) in 12, Section 1(a)(iv)(B) by including permit transfers shall not be subject to Chapter 4. However, during the findings for properties listed on the the requirements of WS–35–11–406(g). December, 1992 reorganization of the National Register of Historic Places as This provision had required a LQD rules into specific Coal and required in 30 CFR 773.15(c)(11). In determination of completeness for Noncoal sets, the rule additions being response to this required amendment, permit transfers and other procedural proposed here at Section 4(a)(i) through Wyoming proposes to revise its rule by steps not required by the Federal (iv) were inadvertently excluded from adding the additional language set forth provisions. We find that the proposed applying to new special bituminous coal above. revision is no less effective than 30 CFR mines. In addition, partly in response to 774.17 and therefore approve it. In order to rectify this omission, this comments from the Wyoming State rule is proposed for amendment into 14. Appendix A, Appendix IV, Revises Historic Preservation Office, the State Rules by Adding and Deleting Plants to Chapter 8. These rules are the same as has added the word ‘‘properties’’ to currently found in Chapter III, Section the List of Threatened and Endangered modify ‘‘eligible’’ and to make it clear Species in Wyoming 2(b) of the LQD Noncoal rules, with one that these properties must also be taken exception. The phrase ‘‘or that greater into consideration. Wyoming is proposing revision to slopes would enhance the postmining The symbol for subsection (§) is also Appendix IV within Appendix A for land use’’ has not been incorporated proposed for insertion into the rule at plant species of special concern. The into the amended language for Chapter Chapter 12, Section 1(a)(iv)(B) to existing list in Appendix IV is out-of- 8. This phrase, which does exist in the maintain consistent style. date and will continually be out-of-date Noncoal rules at Section 2(b)(ii), was We find the Wyoming revision to be because new plants and new originally incorporated into the LQD no less effective than 30 CFR populations of existing plants will be rules on December 5, 1988. The 773.15(c)(11) and therefore approve it. discovered in the future. We brought inclusion of this phrase was then this to Wyoming’s attention in our submitted to us for approval on 12. Chapter 12, Section 1(a)(v)(C), March 8, 1996 comment letter and by December 13, 1988. We subsequently Permitting Procedures comments from the Bureau of Land disapproved the addition of this phrase In the July 25, 1990 Federal Register Management in the August 6, 1996 in the December 26, 1989 Federal (55 FR 30221, 30227–28), we required Federal Register notice. Rather than Register (54 FR 52958) because it was Wyoming to revise its rules at Chapter attempt to keep this list up-to-date, the not part of the rules originally intended XIII, Section 1(a)(v)(C) to reinstate the State is proposing to provide in this

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Appendix only those species listed as agencies with an actual or potential concerning the submission of resource threatened, endangered, or eligible for interest in the Wyoming program information when requested by the U.S. such listing by the U.S. Fish and (administrative record No. WY–33–05). Fish and Wildlife Service; finding No. 8, Wildlife Service. This listing is The U.S. Department of Agriculture Chapter 4, Section 2(c)(ix), concerning necessary because operators are responded on July 23, 1998 that ‘‘we use of selected spoil as a topsoil or required by Chapter 2, Section want to commend the Wyoming subsoil substitute; finding No. 9, 2(a)(vi)(C)(III), to describe the location Department of Environmental Quality Chapter 4, Section 2(d)(x)(E)(III), of any State or Federally listed staff on the amount of effort that has concerning approval authority of endangered or threatened plant species gone into the changes dealing with Wyoming’s Game and Fish Department occurring within or adjacent to the geologic descriptions, certification of for revegetation standards on crucial permit area. Consequently, it is maps and cross sections, National habitat declared as such prior to important that the plant species Register of Historic Places, topsoil submittal of a permit application; currently listed by the U.S. Fish and substitutes, revegetation and wildlife. finding No. 10, Chapter 8, Section 3–4– Wildlife Service be available to coal The language appears acceptable’’ 5, concerning special alternative operators. (administrative record No. WY–33–07). standards for existing and new special Wyoming will consult with the U.S. 3. Environmental Protection Agency bituminous coal mines and the general Fish and Wildlife Service on an annual (EPA) Concurrence and Comments performance standards; finding No. 11, basis to determine whether the list Chapter 12, Section 1(a)(iv)(B), included in this Appendix needs to be Pursuant to 30 CFR 732.17(h)(11)(ii), concerning taking into account prior to updated. If there are new threatened or we are required to solicit the written permit approval the effect on properties endangered species listed by the U.S. concurrence of EPA with respect to listed on the National Register of Fish and Wildlife Service that need to those provisions of the proposed Historic Places; finding No. 12, Chapter be added to this list, this will be amendment that relate to air or water 12, Section 1(a)(v)(C), concerning accomplished through formal quality standards promulgated under permitting procedures; finding No. 13, rulemaking. Formal rulemaking will the authority of the Clean Water Act (33 Chapter 12, Section 1(b)(ii), concerning also be initiated if a plant species needs U.S.C. 1251 et seq.) or the Clean Air Act the deletion of the reference to public to be removed from this Appendix (42 U.S.C. 7401 et seq.). In reply to our participation requirements for permit because it has been delisted by the U.S. July 20, 1998 request for comments, transfers; finding No. 14, Appendix A, Fish and Wildlife Service. James Dunn of the EPA, in a September Appendix IV, concerning the revision of The other plants currently appearing 1, 1998 letter (Administrative Record rules by adding and deleting plants to on this list and now proposed for No. WY–33–13) concurred with the the list of Threatened and Endangered removal include those plants considered modifications proposed in the Species in Wyoming. to be of special concern in Wyoming, amendment. The Federal regulations at 30 CFR but not formally classified as threatened 4. State Historic Preservation Officer Part 950, codifying decisions concerning or endangered by the State. Rather than (SHPO) and the Advisory Council on the Wyoming program, are being attempt to keep this list up-to-date Historic Preservation (ACHP) amended to implement this decision. through rulemaking, Wyoming is This final rule is being made effective Pursuant to 30 CFR 732.17(h)(4), we proposing to consult with all state immediately to expedite the State solicited comments on the proposed entities that have current data on plant program amendment process and to amendment from the ACHP and SHPO. species that are of special concern in encourage States to bring their programs (administrative record No. WY–33–03, Wyoming. This information will be into conformity with the Federal WY–33–04). Neither the SHPO nor the compiled and updated annually if standards without undue delay. ACHP responded to OSM’s request. necessary by the Land Quality Division Consistency of State and Federal and be made available to the public V. Director’s Decision standards is required by SMCRA. upon completion. When possible, this Based on the above findings, we compiled summary will be updated and VI. Procedural Determinations approve Wyoming’s proposed made available to the public prior to the amendment as submitted on July 13, 1. Executive Order 12866 summer field sampling season. There is 1998. This rule is exempted from review by no Federal counterpart to this appendix We approve, as discussed in: Finding the Office of Management and Budget and the revision is not inconsistent with No. 1, miscellaneous citations, (OMB) under Executive Order 12866 Federal regulations. We therefore concerning nonsubstantive revisions to (Regulatory Planning and Review). approve it. Wyoming’s rules; finding No. 2, Chapter 2. Executive Order 12988 IV. Summary and Disposition of 1, Section 2(v), concerning the Comments definition of critical habitat; finding No. The Department of the Interior has Following are summaries of all 3, Chapter 2, Section 2(a)(vi)(G)(II), conducted the reviews required by substantive written comments on the concerning the notification of the Fish section 3 of Executive Order 12988 proposed amendment that we received, and Wildlife Service if critical or crucial (Civil Justice Reform) and has and our responses to them. habitat destruction is likely; finding No. determined that this rule meets the 4, Chapter 2, Section 2(a)(vi)(H), applicable standards of subsections (a) 1. Public Comments concerning the description of areal and and (b) of that section. However, these We invited public comments on the structural geology in the permit standards are not applicable to the proposed rule but didn’t receive any application; finding No. 5, correcting actual language of State regulatory (Administrative Record No. WY–33–01). the references to Wyoming Statutes and programs and program amendments adding ‘‘licensed professional since each such program is drafted and 2. Federal Agency Comments geologist;’’ finding No. 6, concerning promulgated by a specific State, not by Pursuant to 30 CFR 732.17(h)(11)(i), strikes and dips of coal seams in permit us. Under sections 503 and 505 of we solicited comments on the proposed application maps; finding No. 7, SMCRA (30 U.S.C. 1253 and 1255) and amendment from various Federal Chapter 2, Section 2(b)(vi)(c), the Federal regulations at 30 CFR

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730.11, 732.15, and 732.17(h)(10), 5. Regulatory Flexibility Act List of Subjects in 30 CFR Part 950 decisions on proposed State regulatory The Department of the Interior has programs and program amendments Intergovernmental relations, Surface determined that this rule will not have mining, Underground mining. submitted by the States must be based a significant economic impact on a solely on a determination of whether the substantial number of small entities Dated: September 20, 1999. submittal is consistent with SMCRA and under the Regulatory Flexibility Act (5 Brent Wahlquist, its implementing Federal regulations U.S.C. 601 et seq.). The State submittal Regional Director, Western Regional and whether the other requirements of that is the subject of this rule is based Coordinating Center. 30 CFR Parts 730, 731, and 732 have upon counterpart Federal regulations for been met. which an economic analysis was For the reasons set out in the 3. National Environmental Policy Act prepared and certification made that preamble, Title 30, Chapter VII, such regulations would not have a Subchapter T of the Code of Federal No environmental impact statement is significant economic effect upon a Regulations is amended as set forth required for this rule since section substantial number of small entities. below: 702(d) of SMCRA (30 U.S.C. 1292(d)) Accordingly, this rule will ensure that provides that agency decisions on existing requirements we previously PART 950ÐWYOMING proposed State regulatory program promulgated will be implemented by provisions do not constitute major the State. In making the determination 1. The authority citation for part 950 Federal actions within the meaning of as to whether this rule would have a continues to read as follows: section 102(2)(C) of the National significant economic impact, the Authority: 30 U.S.C. 1201 et seq. Environmental Policy Act (42 U.S.C. Department relied upon the data and 4332(2)(C)). assumptions for the counterpart Federal 2. Section 950.15 is amended in the 4. Paperwork Reduction Act regulations. table by adding a new entry in chronological order by ‘‘Date of Final 6. Unfunded Mandates This rule does not contain Publication’’ to read as follows: information collection requirements that This rule will not impose a cost of require approval by OMB under the $100 million or more in any given year § 950.15 Approval of Wyoming regulatory Paperwork Reduction Act (44 U.S.C. on any governmental entity or the program amendments 3507 et seq.). private sector. * * * * *

Original amendment submission date Date of final publication Citation/descripton

******* July 13, 1998 ...... 10±1±99 ...... Chapter 1, Section 2(ac); Chapter 1, Section 2(v); Chapter 2, Section 1(e); Chapter 2, Section 2(a)(vi)(G)(II); Chapter 2, Section 2(a)(vi)(H); Chapter 2, Section 2(a)(vi)(J); Chapter 2, Section 2(a)(vi)(J)(II); Chapter 2, Section 2(b)(iv)(C); Chapter 2, Section 2(b)(vi)(C); Chapter 4, Section 2(c)(ix); Chapter 4, Section 2(d)(x)(E)(I); Chapter 4, Section e(d)(x)(E)(III); Chapter 8, Sections 3±4±5; Chapter 12, Section 1(a)(iv)(B); Chapter 12, Section 1(a)(v)(C); Chapter 12, Section 1(b)(ii); Chapter 16, Sections 3 (c) and (f); Appendix A, Appendix IV; Appendix A, Options I±IV; Ap- pendix A, Section II.C.2.c; Appendix A, Section II.C.3; Appendix A, Section VIII.E.

§ 950.16 [Amended] ACTION: Temporary final rule. Rulemaking in the Federal Register (64 3. Section 950.16 is amended by FR 41853) proposing to establish a SUMMARY: Temporary special local removing and reserving paragraphs (b), regulated area for the Winston Cup race regulations are being adopted for the (c), (g), (v), (x), (ii)(1), and (kk). in San Juan, Puerto Rico on October 10, Winston Offshore Cup, San Juan, Puerto 1999. No comments were received [FR Doc. 99–25553 Filed 9–30–99 8:45 am] Rico. The event will be held from 1 p.m. during the comment period. BILLING CODE 4310±05±M to 2:30 p.m. Atlantic Standard Time (AST) on October 10, 1999, in and north Background and Purpose of San Juan Harbor, Puerto Rico. These These regulations create a regulated regulations are needed to provide for the DEPARTMENT OF TRANSPORTATION area in and north of San Juan Harbor safety of life on navigable waters during that would prohibit entry to non- Coast Guard the event. participating vessels. The participating DATES: This section becomes effective at race boats will be competing at high 33 CFR Part 100 12 p.m. and terminates at 3:30 p.m. on speeds with numerous spectator craft in October 10, 1999. the area, creating an extra or unusual [CGD07 99±056] FOR FURTHER INFORMATION CONTACT: Mr. hazard on the navigable waterways. John Reyes at (787) 729–5381. These regulations are required to RIN 2115±AE46 SUPPLEMENTARY INFORMATION: provide for the safety of life on navigable waters during the Winston Special Local Regulations: Winston Regulatory History Offshore Cup, San Juan, Puerto Rico Offshore Cup, San Juan, Puerto Rico. On August 2, 1999, the Coast Guard In accordance with 5 U.S.C. 553, good AGENCY: Coast Guard, DOT. published a Notice of Proposed cause exists for making this regulation

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Environmental Assessment effective date until 30 days after Federal [FR Doc. 99–25545 Filed 9–30–99; 8:45 am] Register publication would be contrary The Coast Guard has considered the BILLING CODE 4910±15±P to national safety interests, as there was environmental impact of this rule not sufficient time remaining after consistent with Figure 2–1, paragraph receipt of the permit request to allow for 34(h) of Commandant Instruction DEPARTMENT OF TRANSPORTATION the full comment period that ended on M16475.1C, and has determined that Coast Guard September 16, and a 30 day delayed this action has been categorically effective date, as the event occurs on excluded from further environmental October 10. 33 CFR Part 117 documentation. Regulatory Evaluation [CGD08±99±058] List of Subjects in 33 CFR Part 100 This regulation is not a significant Drawbridge Operating Regulation; regulatory action under section 3(f) of Marine safety, Navigation (water), Inner Harbor Navigation Canal, LA Executive Order 12866 and does not Reporting and recordkeeping require an assessment of potential costs requirements, Waterways. AGENCY: Coast Guard, DOT. and benefits under section 6(a)(f) of that ACTION: Notice of temporary deviation order. The Office of Management and Temporary Regulations from regulations. Budget has excepted it from review In consideration of the foregoing, the SUMMARY: The Commander, Eighth under that order. It is not significant Coast Guard amends part 100 of Title under the regulatory policies and Coast Guard District, has issued a 33, Code of Federal Regulations as temporary deviation from the regulation procedures of the Department of follows: Transportation (DOT (44 FR 11040; governing the operation of the Norfolk Southern Railroad bascule span February 26, 1979). The Coast Guard PART 100Ð[AMENDED] expects the economic impact of this drawbridge across the Inner Harbor proposal to be so minimal that a full Navigation Canal, mile 4.5, at New 1. The authority citation for Part 100 Orleans, Orleans Parish, Louisiana. This regulatory evaluation under paragraph continues to read as follows: 10e of the regulated policies and deviation allows the Norfolk Southern procedures of DOT is unnecessary. The Authority: 33 U.S.C. 1233, 49 CFR 1.46, Railroad to close the bridge to regulated area will only be in effect for and 33 CFR 100.35. navigation from 8 a.m. until noon and from 1 p.m. until 4 p.m., Monday three and one half hours in the vicinity 2. Add temporary § 100.35T–07–056 of San Juan Harbor, Puerto Rico. through Friday from October 12, 1999 to read as follows: through November 5, 1999. This Small Entities § 100.35T±07±056 Winston Offshore Cup, temporary deviation was issued to allow Under the Regulatory Flexibility Act San Juan, Puerto Rico. for the replacement of the railroad ties (5 U.S.C. 601 et seq.) the Coast Guard on the bascule span deck. The draw will must consider whether this rulemaking (a) Regulated Area. The regulated area open at any time for a vessel in distress. will have a significant economic impact starts in San Juan Bay, out the bay Presently, the draw opens on signal at on a substantial number of small entrance around Punta El Morro, then all times. entities. Small entities include small east 2 nautical miles to Penon San Jorge, DATES: This deviation is effective from businesses, not-for-profit organizations then back around into the bay. The 8 a.m. on October 12, 1999 through 4 that are independently owned and regulated area is established beginning p.m. on November 5, 1999. ° ′ ′′ ° ′ ′′ operated and are not dominant under at 18 28 4 N, 066 08 0 W, then north to ° ′ ′′ ° ′ ′′ ADDRESSES: Unless otherwise indicated, their fields, and governmental 18 28 9 N, 066 08 0 W, then east to ° ′ ′′ ° ′ ′′ documents referred to in this notice are jusridictions with populations of less 18 28 7 N, 066 05 5 W, then south to ° ′ ′′ ° ′ ′′ available for inspection or copying at than 50,000. 18 28 2 N 066 05 5 W, then directly the office of the Eighth Coast Guard Therefore, the Coast Guard certifies south to the shore. This area includes District, Bridge Administration Branch, under 5 U.S.C. 605(b) that this rule will San Juan Bay, except San Antonio Commander (ob), Eighth Coast Guard not have a significant economic impact Approach Channel, San Antonio District, 501 Magazine Street, New on a substantial number of small channel, Army Terminal Channel, Army Orleans, Louisiana, 70130–3396. The entities, as the regulations will only be Terminal Turning Basin, and Puerto Bridge Administration Branch of the in effect for approximately three and Nuevo Channel, and Graving Dock Eighth Coast Guard District maintains one half hours on one day in a limited Channel. All coordinates referenced use the public docket for this temporary area of San Juan Harbor and its vicinity. Datum: NAD 1983. deviation. Collection of Information (b) Special Local Regulations. Entry FOR FURTHER INFORMATION CONTACT: into the regulated area by other than Mr. David Frank, Bridge Administration This rule contains no collection of event participants is prohibited, unless information requirements under the Branch, telephone (504) 589–2965. otherwise authorized by the Patrol SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act (44 U.S.C. Commander. Spectator craft are required 3501 et seq.). Norfolk Southern Railroad bascule span to remain in a spectator area designated drawbridge across the Inner Harbor Federalism by the event sponsor Puerto Rico Navigation Canal in New Orleans, This action has been analyzed in Offshore Tour, San Juan, Puerto Rico. Louisiana, has a vertical clearance of accordance with the principles and (c) Dates. This section is effective at one foot above mean high water in the criteria contained in Executive Order 12 p.m. and terminates at 3:30 p.m. AST closed-to-navigation position and 12612, and it has been determined that on October 10, 1999. unlimited clearance in the open-to-

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The Norfolk limited disapproval EPA will be CAA section 182(a)(2)(A) requirement Southern Railroad requested a required to impose highway funding or that nonattainment areas fix their temporary deviation from the normal emission offset sanctions under the reasonably available control technology operation of the drawbridge in order to CAA unless the State submits and EPA (RACT) rules for ozone in accordance accommodate the maintenance work, approves corrections to the identified with EPA guidance that interpreted the involving removal and replacement of deficiencies within 18 months of the requirements of the pre-amendment Act. the railroad ties on the bascule span effective date of this disapproval. A detailed discussion of the background deck. Moreover, EPA will be required to for each of the above rules and This deviation allows the draw of the promulgate a Federal implementation nonattainment areas is provided in the Norfolk Southern Railroad bascule span plan (FIP) unless the deficiencies are proposed rule (PR) cited above. drawbridge across the Inner Harbor corrected within 24 months of the EPA has evaluated all of the above Navigation Canal, mile 4.5, at New effective date of this disapproval. rules for consistency with the Orleans, Orleans Parish, Louisiana to EFFECTIVE DATE: This action is effective requirements of the CAA and EPA remain closed to navigation from 8 a.m. on November 1, 1999. regulations and EPA’s interpretation of these requirements as expressed in the until noon and from 1 p.m. until 4 p.m., ADDRESSES: Copies of the rule revisions various EPA policy guidance documents Monday through Friday from October and EPA’s evaluation report for each 12, 1999 through November 5, 1999. referenced in the PR. EPA is finalizing rule are available for public inspection the limited approval of these rules in The draw shall open on signal at any at EPA’s Region IX office during normal time for a vessel in distress. order to strengthen the SIP and business hours. Copies of the submitted finalizing the limited disapproval Dated: September 24, 1999. rule revisions are also available for requiring the correction of the Paul J. Pluta, inspection at the following locations: remaining deficiencies. In summary, the Rear Admiral, U.S. Coast Guard, Commander, Rulemaking Office, (AIR–4), Air deficiencies relate to the lack of a Eighth Coast Guard District. Division, U.S. Environmental specific definition of the facilities to [FR Doc. 99–25547 Filed 9–30–99; 8:45 am] Protection Agency, Region IX, 75 which the rules apply, improper BILLING CODE 4910±15±M Hawthorne Street, San Francisco, CA definition of test methods, Control 94105 Officer discretion to require unspecified Environmental Protection Agency, Air control equipment, and a higher ENVIRONMENTAL PROTECTION Docket (6102), 401 ‘‘M’’ Street, S.W., throughput exemption than allowed by AGENCY Washington, D.C. 20460 section 182(b)(3). These deficiencies California Air Resources Board, must be corrected pursuant to the 40 CFR Part 52 Stationary Source Division, Rule requirements of sections 182(a)(2)(A) Evaluation Section, 2020 ‘‘L’’ Street, [CA 033±0171; FRL±6446±2] and part D of the CAA. A detailed Sacramento, CA 95814 discussion of the rule provisions and El Dorado Air Pollution Control District, Approval and Promulgation of evaluations has been provided in the PR 7553 Green Valley Road, Placerville, Implementation Plans; California State and in technical support document CA 95667–4197. Implementation Plan Revision, El (TSD) available at EPA’s Region IX Dorado County Air Pollution Control FOR FURTHER INFORMATION CONTACT: Max office (TSD dated April 30, 1993, District Fantillo, Rulemaking Office, (AIR–4), Regulation IX, Rules 900 through 914). Air Division, U.S. Environmental AGENCY: Environmental Protection Protection Agency, Region IX, 75 III. Response to Public Comments Agency (EPA). Hawthorne Street, San Francisco, CA A 30-day public comment period was ACTION: Final rule. 94105, Telephone: (415) 744–1183. provided in 59 FR 15686; EPA did not SUPPLEMENTARY INFORMATION: receive any comments. SUMMARY: EPA is finalizing a limited approval and limited disapproval of a I. Applicability IV. EPA Action revision to the California State EPA is finalizing a limited approval EPA is finalizing a limited approval Implementation Plan (SIP) proposed in and limited disapproval of a revision to and limited disapproval of the above- the Federal Register on April 4, 1994. the California SIP submitted by El referenced rules. The limited approval This final action will incorporate these Dorado County Air Pollution Control of these rules is being finalized under rules into the federally approved SIP. District (EDCAPCD) entitled Regulation section 110(k)(3) in light of EPA’s The intended effect of finalizing this IX, Air Toxic Control Measures, Section authority pursuant to section 301(a) to action is to regulate emissions of A, Benzene, Rules 900 through 914. adopt regulations necessary to further volatile organic compounds (VOCs) in This regulation was submitted by the air quality by strengthening the SIP. The accordance with the requirements of the California Air Resources Board (CARB) approval is limited in the sense that the Clean Air Act, as amended in 1990 to EPA on April 5, 1991. rules strengthen the SIP. However, the (CAA or the Act). The revised rules rules do not meet the section control VOC emissions from the II. Background 182(a)(2)(A) CAA requirement because loading, unloading, and storage of On April 4, 1994 in 64 FR 15686, EPA of the rule deficiencies which were petroleum products. EPA is finalizing a proposed granting a limited approval discussed in the PR. Thus, in order to simultaneous limited approval and and limited disapproval of EDCAPCD strengthen the SIP, EPA is granting limited disapproval under CAA Regulation IX, Air Toxic Control limited approval of these rules under provisions regarding EPA action on SIP Measure, Section A, Benzene, (Rules sections 110(k)(3) and 301(a) of the submittals and general rulemaking 900 through 914) into the California SIP. CAA. This action approves the rules authority because these revisions, while These 900 series rules were adopted by into the SIP as federally enforceable strengthening the SIP, also do not fully EDCAPCD on September 18, 1990 and rules.

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At the same time, EPA is finalizing section 1(a) of E.O. 12875 do not apply E. Regulatory Flexibility Act the limited disapproval of these rules to this rule. The Regulatory Flexibility Act (RFA) because they contain deficiencies that C. Executive Order 13045 generally requires an agency to conduct have not been corrected as required by a regulatory flexibility analysis of any section 182(a)(2)(A) of the CAA, and, as Protection of Children from rule subject to notice and comment such, the rules do not fully meet the Environmental Health Risks and Safety rulemaking requirements unless the requirements of Part D of the Act. As Risks (62 FR 19885, April 23, 1997), agency certifies that the rule will not stated in the proposed rule, upon the applies to any rule that: (1) is have a significant economic impact on effective date of this final rule, the 18 determined to be ‘‘economically a substantial number of small entities. month clock for sanctions and the 24 significant’’ as defined under E.O. Small entities include small businesses, month FIP clock will begin. Sections 12866, and (2) concerns an small not-for-profit enterprises, and 179(a) and 110(c). If the State does not environmental health or safety risk that small governmental jurisdictions. This submit the required corrections and final rule will not have a significant EPA does not approve the submittal EPA has reason to believe may have a disproportionate effect on children. If impact on a substantial number of small within 18 months of the effective date entities because SIP approvals under of the final rule, either the highway the regulatory action meets both criteria, the Agency must evaluate the section 110 and subchapter I, part D of sanction or the offset sanction will be the Clean Air Act do not create any new imposed at the 18 month mark. It environmental health or safety effects of the planned rule on children, and requirements but simply approve should be noted that the rules covered requirements that the State is already by this FR have been adopted by the explain why the planned regulation is preferable to other potentially effective imposing. Therefore, because the EDCAPCD and are currently in effect in Federal SIP approval does not create and reasonably feasible alternatives the EDCAPCD. EPA’s limited any new requirements, I certify that this considered by the Agency. This rule is disapproval action will not prevent a action will not have a significant not subject to E.O. 13045 because it is EDCAPCD or EPA from enforcing these economic impact on a substantial does not involve decisions intended to rules. number of small entities. Moreover, due mitigate environmental health or safety V. Administrative Requirements to the nature of the Federal-State risks. relationship under the Clean Air Act, A. Executive Order 12866 D. Executive Order 13084 preparation of flexibility analysis would The Office of Management and Budget constitute Federal inquiry into the (OMB) has exempted this regulatory Under Executive Order 13084, economic reasonableness of state action. action from Executive Order (E.O.) Consultation and Coordination with The Clean Air Act forbids EPA to base 12866, Regulatory Planning and Review. Indian Tribal Governments, EPA may its actions concerning SIPs on such not issue a regulation that is not grounds. Union Electric Co., v. U.S. B. Executive Order 12875 required by statute, that significantly or EPA, 427 U.S. 246, 255–66 (1976); 42 Under Executive Order 12875, uniquely affects the communities of U.S.C. 7410(a)(2). Enhancing the Intergovernmental Indian tribal governments, and that F. Unfunded Mandates Partnership, EPA may not issue a imposes substantial direct compliance regulation that is not required by statute costs on those communities, unless the Under section 202 of the Unfunded and that creates a mandate upon a State, Federal government provides the funds Mandates Reform Act of 1995 local or tribal government, unless the necessary to pay the direct compliance (‘‘Unfunded Mandates Act’’), signed Federal government provides the funds costs incurred by the tribal into law on March 22, 1995, EPA must necessary to pay the direct compliance governments, or EPA consults with prepare a budgetary impact statement to costs incurred by those governments, or those governments. If EPA complies by accompany any proposed or final rule EPA consults with those governments. If that includes a Federal mandate that consulting, Executive Order 13084 EPA complies by consulting, Executive may result in estimated annual costs to requires EPA to provide to the Office of Order 12875 requires EPA to provide to State, local, or tribal governments in the Management and Budget, in a separately the Office of Management and Budget a aggregate; or to private sector, of $100 identified section of the preamble to the description of the extent of EPA’s prior million or more. Under section 205, consultation with representatives of rule, a description of the extent of EPA’s EPA must select the most cost-effective affected State, local and tribal prior consultation with representatives and least burdensome alternative that governments, the nature of their of affected tribal governments, a achieves the objectives of the rule and concerns, copies of any written summary of the nature of their concerns, is consistent with statutory communications from the governments, and a statement supporting the need to requirements. Section 203 requires EPA and a statement supporting the need to issue the regulation. In addition, to establish a plan for informing and issue the regulation. In addition, Executive Order 13084 requires EPA to advising any small governments that Executive Order 12875 requires EPA to develop an effective process permitting may be significantly or uniquely develop an effective process permitting elected officials and other impacted by the rule. elected officials and other representatives of Indian tribal EPA has determined that the approval representatives of State, local and tribal governments ‘‘to provide meaningful action promulgated does not include a governments ‘‘to provide meaningful and timely input in the development of Federal mandate that may result in and timely input in the development of regulatory policies on matters that estimated annual costs of $100 million regulatory proposals containing significantly or uniquely affect their or more to either State, local, or tribal significant unfunded mandates.’’ communities.’’ Today’s rule does not governments in the aggregate, or to the Today’s rule does not create a mandate significantly or uniquely affect the private sector. This Federal action on State, local or tribal governments. communities of Indian tribal approves pre-existing requirements The rule does not impose any governments. Accordingly, the under State or local law, and imposes enforceable duties on these entities. requirements of section 3(b) of E.O. no new requirements. Accordingly, no Accordingly, the requirements of 13084 do not apply to this rule. additional costs to State, local, or tribal

VerDate 22-SEP-99 10:47 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\A01OC0.214 pfrm01 PsN: 01OCR1 53212 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations governments, or to the private sector, § 52.220 Identification of plan. the section title and paragraphs (a) and result from this action. * * * * * (b). (c) * * * G. Submission to Congress and the Review Under Executive Order 12866 (183) * * * Comptroller General (i) * * * Under Executive Order 12866, (58 FR The Congressional Review Act, 5 (H) El Dorado County Air Pollution 51736, October 4, 1993), this action is U.S.C. 801 et seq., as added by the Small Control District. not a ‘‘significant regulatory action’’ and Business Regulatory Enforcement (1) Regulation IX, Rules 900 through is not therefore subject to review by the Fairness Act of 1996, generally provides 914, adopted September 18, 1990. Office of Management and Budget. In that before a rule may take effect, the * * * * * addition, this action does not impose agency promulgating the rule must [FR Doc. 99–25568 Filed 9–30–99; 8:45 am] any enforceable duty, contain any unfunded mandate, or impose any submit a rule report, which includes a BILLING CODE 6560±50±P copy of the rule, to each House of the significant or unique impact on small Congress and to the Comptroller General governments as described in the of the United States. EPA will submit a ENVIRONMENTAL PROTECTION Unfunded Mandates Reform Act of 1995 report containing this rule and other AGENCY (Pub. L. 104–4). This rule also does not required information to the U.S. Senate, require prior consultation with State, the U.S. House of Representatives, and 40 CFR Part 61 local, and tribal government officials as specified by Executive Order 12875 (58 the Comptroller General of the United [FRL±6443±7] States prior to publication of the rule in FR 58093, October 28, 1993) or the Federal Register. This rule is not a RIN 2060±AF04 Executive Order 13084 (63 FR 27655, May 10, 1998), or involve special ‘‘major’’ rule as defined by 5 U.S.C. National Emission Standard for 804(2). consideration of environmental justice Hazardous Air Pollutants; National related issues as required by Executive H. Petitions for Judicial Review Emission Standards for Radon Order 12898 (59 FR 7629, February 16, Emissions From Phosphogypsum 1994). Because this action is not subject Under section 307(b)(1) of the Clean Stacks to notice-and-comment requirements Air Act, petitions for judicial review of under the Administrative Procedure Act this action must be filed in the United AGENCY: Environmental Protection or any other statute, it is not subject to States Court of Appeals for the Agency. the regulatory flexibility provisions of appropriate circuit by November 30, ACTION: Final rule; correction. the Regulatory Flexibility Act (5 U.S.C. 1999. Filing a petition for 601 et seq.). This rule is also not subject reconsideration by the Administrator of SUMMARY: This document contains a correcting amendment to the final to Executive Order 13045 (62 FR 19885, this final rule does not affect the finality April 23, 1997) because EPA interprets of this rule for the purposes of judicial regulations for the National Emission Standard for Radon Emissions from E.O. 13045 as applying only to those review nor does it extend the time regulatory actions that are based on within which a petition for judicial Phosphogypsum Stacks, 40 CFR Part 61, Subpart R, which were originally health or safety risks, such that the review may be filed, and shall not analysis required under section 5–501 of postpone the effectiveness of such rule published Wednesday, February 3, 1999 (64 FR 5574). This final rule the Order has the potential to influence or action. This action may not be the regulation. This rule is not subject promulgated revisions to the National challenged later in proceedings to to E.O. 13045 because it does not Emission Standard for Hazardous Air enforce its requirements. (See section establish an environmental standard Pollutants (NESHAP) that set limits on 307(b)(2).) intended to mitigate health or safety radon emissions from phosphogypsum risks. EPA’s compliance with these List of Subjects in 40 CFR Part 52 stacks; and raised the limit on the statutes and Executive Orders for the quantity of phosphogypsum that may be Environmental protection, Air underlying rule is discussed in the used in indoor laboratory research and pollution control, Hydrocarbons, February 3, 1999 Federal Register development from 700 to 7,000 pounds Incorporation by reference, notice. Intergovernmental relations, Ozone, per experiment, eliminating current The Congressional Review Act, 5 Reporting and recordkeeping sampling requirements for U.S.C. 801 et seq., as added by the Small requirements, Volatile organic phosphogypsum used in indoor Business Regulatory Enforcement compound. research and development, and Fairness Act of 1996, generally provides Nora L. McGee, clarifying sampling procedures for that before a rule may take effect, the Acting Regional Administrator, Region IX. phosphogypsum removed from stacks agency promulgating the rule must for other purposes. submit a rule report, which includes a Part 52, Chapter I, Title 40 of the Code EFFECTIVE DATE: October 1, 1999. copy of the rule, to each House of the of Federal Regulations is amended as FOR FURTHER INFORMATION CONTACT: Congress and to the Comptroller General follows: Eleanor Thornton-Jones, Office of of the United States. EPA will submit a PART 52Ð[AMENDED] Radiation and Indoor Air (6602J), at report containing this rule and other 202–564–9773. required information to the U.S. Senate, 1. The authority citation for Part 52 SUPPLEMENTARY INFORMATION: the U.S. House of Representatives, and continues to read as follows: the Comptroller General of the United Background States prior to publication of the rule in Authority: 42 U.S.C. 7401 et seq. The final regulations that is the the Federal Register. A major rule Subpart FÐCalifornia subject of this correction affects persons cannot take effect until 60 days after it or facilities required to comply with all is published in the Federal Register. 2. Section 52.220 is amended by the limitations set forth in § 61.205(b). This action is not a ‘‘major rule’’ as adding paragraph (c)(183)(H)(1) to read In the rule published on February 3, defined by 5 U.S.C. 804(2). This rule as follows: 1999, § 61.205 was amended by revising will be effective October 1, 1999.

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Need for Correction Region 4 public docket, which is PART 300Ð[AMENDED] As published, the final regulations available for viewing at the information repositories at two locations. Locations, 1. The authority citation for part 300 contained an error which needs to be continues to read as follows: corrected. contacts, phone numbers and viewing hours are: Record Center, U.S. EPA Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. List of Subjects in 40 CFR Part 61 Region 4, 61 Forsyth Street, Atlanta, 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, Environmental protection, Air Georgia 30303–8909, (404) 562–9530, 1991 Comp.; p. 351: E.O. 12580, 52 FR 2923, pollution control, Radon. hours: 8:00 a.m. to 4:00 p.m., Monday 3 CFR, 1987 Comp.; p. 193. Robert Brenner, through Friday by appointment only; Appendix BÐ[Amended] Acting Assistant Administrator for Air and Tampa/Hillsborough County Public Radiation. Library/Special Collections, 900 North 2. Table 1 of Appendix B to Part 300 Accordingly, 40 CFR Part 61 is Ashley, Tampa, Florida 33602, (813) is amended by removing the site for Sixty-Second Street Dump, Tampa, corrected by making the following 273–3652, hours: 9:00 a.m. to 9:00 p.m., Florida. correcting amendment: Monday through Thursday, 9:00 a.m. to [FR Doc. 99–25563 Filed 9–30–99; 8:45 am] PART 61Ð[AMENDED] 5:00 p.m., Friday through Saturday. BILLING CODE 6560±50±P FOR FURTHER INFORMATION CONTACT: 1. The authority citation for part 61 Joseph Alfano, U.S. EPA Region 4, continues to read as follows: Waste Management Division, 61 Forsyth DEPARTMENT OF THE INTERIOR Authority: 42 U.S.C. 7401, 7412, 7413, Street, Atlanta, Georgia 30303–8909, 7416, 7601 and 7602. (404) 562–8907 or by electronic mail at Bureau of Land Management § 61.205 [Amended] [email protected]. 43 CFR Part 1820 2. In § 61.205, paragraph (a), in the SUPPLEMENTARY INFORMATION: EPA second sentence ‘‘§ 61.206(b)’’ is revised announces the deletion of the 62nd [WO±350±1430±00±24 1A] to read ‘‘paragraph (b) of this section’’. Street Superfund Site in Tampa, RIN 1004±AC83 [FR Doc. 99–25562 Filed 9–30–99; 8:45 am] Hillsborough County, Florida from the BILLING CODE 6560±50±P NPL, which constitutes Appendix B of Application Procedures 40 CFR Part 300. EPA published a Notice of Intent to Delete the 62nd AGENCY: Bureau of Land Management, ENVIRONMENTAL PROTECTION Street Superfund Site from the NPL on Interior. AGENCY August 4, 1999 in the Federal Register ACTION: Final rule. (64 FR 42328). EPA received no 40 CFR Part 300 SUMMARY: comments on the proposed deletion; The Bureau of Land Management (BLM) is issuing final [FRL±6448±7] therefore, no responsiveness summary is regulations that revise general necessary for this Notice of Deletion. application procedures by streamlining, National Oil and Hazardous Substance EPA identifies sites on the NPL that modernizing, and clarifying existing Pollution Contingency Plan; National appear to present a significant risk to Priorities List provisions and removing obsolete and public health, welfare, or the unnecessary requirements. The final AGENCY: Environmental Protection environment. Sites on the NPL may be rule describes how to file applications Agency. the subject of remedial actions financed or other documents with BLM; provides ACTION: Notice of Deletion of the 62nd by the Hazardous Substances Superfund guidance on how BLM determines Street Superfund Site from the National Response Trust Fund (Fund). Pursuant priority for applications filed Priorities List (NPL). to 40 CFR 300.425(e)(3) of the NCP, any simultaneously; and spells out site deleted from the NPL remains procedures for payments and refunds SUMMARY: The Environmental Protection eligible for Fund-financed Remedial Agency (EPA) Region 4 announces the and requirements for publication and Actions if conditions at the site warrant posting of notices. deletion of the 62nd Street Superfund such action. Deletion of a site from the EFFECTIVE DATE: November 1, 1999. Site from the National Priorities List NPL does not affect the responsible (NPL). The NPL constitutes Appendix B party liability or impede agency efforts ADDRESSES: You may send inquiries or of 40 CFR Part 300 which is the to recover costs associated with suggestions to: Director (630), Bureau of National Oil and Hazardous Substances response efforts. Land Management, 1849 C Street, NW., Pollution Contingency Plan (NCP), Washington, DC 20240. which EPA promulgated pursuant to List of Subjects in 40 CFR Part 300 FOR FURTHER INFORMATION CONTACT: Section 105 of the Comprehensive Mary Linda Ponticelli, Telephone: (202) Environmental protection, Air Environmental Response, 452–0364 (Commercial or FTS). pollution control, Chemicals, Hazardous Compensation, and Liability Act of 1980 SUPPLEMENTARY INFORMATION: (CERCLA), as amended. EPA and the substances, Hazardous waste, Florida Department of Environmental Intergovernmental relations, Penalties, I. Background Protection (FDEP) have determined that Reporting and recordkeeping II. Final Rule as Adopted requirements, Superfund, Water III. Responses to Comments the Site poses no significant threat to IV. Procedural Matters public health or the environment and pollution control, Water supply. therefore, further response measures Dated: September 23, 1999. I. Background pursuant to CERCLA are not A. Stanley Meiburg, The existing regulations at 43 CFR appropriate. Acting Regional Administrator, Region 4. part 1820 address general procedures EFFECTIVE DATE: October 1, 1999. applicable to all BLM land use ADDRESSES: Comprehensive information For reasons set out in the preamble, authorizations. These general on this site is available through the EPA 40 CFR part 300 is amended as follows: procedural regulations serve important

VerDate 22-SEP-99 10:47 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\A01OC0.217 pfrm01 PsN: 01OCR1 53214 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations functions such as informing members of Testimony) and subpart 1826 national level support and service the public of proposed BLM actions or (Reinstatement of Cancelled Entries), centers’’. decisions through publication and because their applicability is now (c) Changed the words ‘‘District posting of notices. The 1820 regulations limited to desert land entries, and Offices and Resource Area Offices’’ in are an important complement to BLM’s pertinent provisions are addressed in § 1821.10(a) to read ‘‘Field Offices’’. detailed application procedures for part 2520 of this title (Desert Land (d) Changed the words ‘‘District and specific programs. When there is a Entries). Further, we have removed Resource Area Offices’’ in § 1821.10(b) conflict between the general and many procedural requirements that are to read ‘‘Field Offices’’. specific program regulations, the latter no longer applicable in §§ 1821.6, (e) Added a new sentence to § 1821.12 governs. concerning time constraints for ‘‘You should consult the regulations The final rule published today is a applications filed in BLM offices in applying to the specific program.’’ stage of the rulemaking process that will Alaska, and 1822.3, concerning (f) Added a new question ‘‘§ 1821.13 result in the revision of the regulations homestead requirements. What if the specific program regulations at 43 CFR part 1820. This rule was conflict with these regulations?’’ preceded by a proposed rule that was III. Responses to Comments published in the October 1, 1997, (g) Added a requirement to § 1822.10 In preparing the final rule, BLM for an applicant to provide his/her Federal Register (62 FR 51402). The carefully considered all comments proposal was intended to reduce the current address. Deleted the word ‘‘full’’ received during the 60-day public and replaced with ‘‘legal’’ in § 1822.10. regulatory burden imposed on the comment period on the proposed rule to (h) Deleted the words ‘‘(such as a public; streamline, modernize and revise 43 CFR part 1820. A discussion State Office or District Office)’’ in clarify existing provisions; and remove of those comments follows: obsolete and unnecessary requirements. § 1822.12. Deleted the words ‘‘you We took this action to ensure Comments Incorporated into the Final should’’ and added ‘‘and we will tell consistency in processing documents Rule— you which BLM office to file your application.’’ to the last sentence. and uniformity in the treatment of 1. Comment: Existing § 1821.2–2(g)(1) BLM’s customers. allows the authorized officer to consider (i) Deleted the word ‘‘personal’’ in the BLM invited public comments for 60 a late filing except where, among other second sentence. Added a new sentence days and received comments from two criteria, the law does not permit him to ‘‘When you file an application sources: one from a law firm, who do so. Proposed § 1822.15(a), which electronically, it will not be considered supported the proposal with suggested restates existing § 1821.2–2(g)(1) in filed until BLM receives it.’’ in changes, and one from a private citizen, plain language, allows BLM to consider § 1822.13. who opposed the proposal. We also a document timely filed if the law (j) Changed the words ‘‘same time’’ in received technical, internal agency permits BLM to do so. The commenter § 1822.17(a) to read ‘‘same day and comments. suggests retaining the language in the time’’. II. Final Rule as Adopted existing section because the proposed (k) Changed (b) to read ‘‘No other section could be interpreted as requiring BLM regulation prohibits doing so; and’’ The final rule is adopted with changes in § 1822.15. Revised (c) to read ‘‘No to the proposed rule as discussed in the specific authorization in the law for BLM to consider a late filing. intervening third party interests or Responses to Comments section. In rights have been created or established summary, the final rule contains general Response: To avoid any misinterpretation and confusion that during the intervening period.’’ in information on how to file documents § 1822.15. with BLM, such as applications for could result from this slight variation in language, we have adopted the (l) Deleted the last sentence in various BLM resource programs. It also § 1823.10. provides guidance on how BLM commenter’s suggestion and reworded (m) Added the word ‘‘a’’ in the determines ‘‘first in line’’ priority for § 1822.15(a) to state that BLM can question in § 1823.11. applications filed simultaneously; consider a document timely filed if the allows applications that do not require law does not prohibit it. (n) Added the words ‘‘sufficient’’ and an original signature to be filed 2. Comment: Existing § 1821.2–2(c) ‘‘your’’ in the first sentence in § 1823.13. electronically; authorizes BLM to accept allows BLM to consider a late filing if (o) Changed the word ‘‘occurrence’’ to payments by Visa and Master Card in doing so would not unduly interfere read ‘‘event’’ in § 1824.10. Changed the addition to more traditionally accepted with the orderly conduct of business. word ‘‘causing’’ to ‘‘requiring’’ in forms of payment; permits an Proposed § 1822.15(c) has the same § 1824.10. Rearranged and renumbered application relating to lands in more provision except that the word §§ 1824.11–1824.13 as §§ 1824.15– than one land district to be filed with ‘‘unduly’’ was dropped. The commenter 1824.17 and §§ 1824.14–1824.17 as any BLM State Office having recommends that the word ‘‘unduly’’ be 1824.11–1824.14 so that all posting and jurisdiction over the lands rather than inserted in the proposed section so that publication questions will be aligned. the existing procedure which requires there will be no substantive change in (p) Changed the words ‘‘public lands an application to be filed in each office policy. involved’’ in § 1824.14 to read ‘‘public having jurisdiction over the lands; and Response: We have adopted the and private lands involved’’. describes requirements for posting and commenter’s recommendation and (q) Changed the word ‘‘valid’’ to read publication of notices. added the word ‘‘unduly’’ to ‘‘relevant’’ in § 1824.16. The final rule removes regulatory § 1822.15(c). (r) Added the words ‘‘any’’ and ‘‘that provisions on specific BLM resource 3. We have made several technical apply,’’ to the first sentence in programs, such as § 1821.5–3 (mining changes to the proposed regulation in § 1825.10. claims), since these provisions are response to internal comments: (s) Changed the word ‘‘does’’ to addressed in program-specific (a) Deleted the word ‘‘national’’ in ‘‘may’’ in the first sentence in § 1825.12 regulations found in other parts and § 1821.10(a). since relinquishments of rights-of-way subparts of title 43. In addition, the rule (b) Changed the words ‘‘five specialty or permits would not affect availability removes subpart 1823 (Proofs and centers’’ in § 1821.10(a) to read ‘‘seven of the land for another application.

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Comments Not Incorporated into the within the meaning of the Regulatory List of Subjects in 43 CFR Part 1820 Final Rule— Flexibility Act (5 U.S.C. 601 et seq.). Administrative practice and 4. Comment: BLM was incorrect in Unfunded Mandates Reform Act procedure; Archives and records; Public requiring public comments to be lands. ‘‘received by December 1, 1997’’ rather This final rule does not include any Dated: September 27, 1999. Federal mandate that may result in than ‘‘postmarked by December 1, Sylvia V. Baca, 1997.’’ This deadline, in effect, shortens increased expenditures of $100 million in any one year by State, local, or tribal Assistant Secretary, Land and Minerals the time frame for submission of various Management. governments, or by the private sector. documents, such as the requirements in For the reasons stated in the Therefore, a section 202 statement §§ 1822.14, 1822.17, and 1825.11. preamble, and under the authority of 43 under the Unfunded Mandates Reform Response: We disagree. The deadline U.S.C. 1740, part 1820 of Title 43 of the Act is not required. for receipt of comments stands; there is Code of Federal Regulations is revised no linkage of that deadline to other Executive Order 12612 to read as follows: deadlines in the regulation. Moreover, BLM is authorized to establish the due BLM has analyzed this final rule PART 1820ÐAPPLICATION date for comments on its regulations, under the principles and criteria in PROCEDURES and publication of that date gives Executive Order 12612 and has everyone the same opportunity to determined that the rule does not have Subpart 1821ÐGeneral Information respond timely. It has been our sufficient federalism implications to Sec. experience that the various deadlines in warrant the preparation of a Federalism 1821.10 Where are BLM offices located? the regulation are reasonable and fair to Assessment. 1821.11 During what hours may I file an potential applicants. application? 5. Comment: Section 1825.10 implies Executive Order 12630 1821.12 Are these the only regulations that will apply to my application or other that the last claimant is completely This final rule does not represent a required document? responsible for all reclamation and government action that interferes with 1821.13 What if the specific program unpaid rental fees in relinquishments of constitutionally protected property regulations conflict with these public lands. rights. Thus, a Takings Implication regulations? Response: It appears that the Assessment need not be prepared under Subpart 1822ÐFiling a Document with BLM commenter has misinterpreted Executive Order 12630, ‘‘Government 1822.10 How should my name appear on § 1825.10. We do not believe any change Action and Interference with to the proposed rule is warranted as the applications and other required Constitutionally Protected Property documents that I submit to BLM? section is clear in stating that a claimant Rights.’’ 1822.11 What must I do to make an official who relinquishes his/her interest in filing with BLM? public lands is only responsible for Executive Order 12866 1822.12 Where do I file my application or fulfilling obligations that accrued before This final rule does not meet the other required documents? the time of relinquishment. 1822.13 May I file electronically? criteria for a significant rule requiring 1822.14 What if I try to file a required IV. Procedural Matters review by the Office of Management and document on the last day of the stated Budget under Executive Order 12866, National Environmental Policy Act of period for filing, but the BLM office Regulatory Planning and Review. 1969 where it is to be filed is officially closed all day? BLM has prepared an environmental Executive Order 12988 1822.15 If I miss filing a required document assessment (EA) and has found that the The Department has determined that or payment within the specified period, final rule would not constitute a major can BLM consider it timely filed this final rule meets the applicable anyway? Federal action significantly affecting the standards provided in sections 3(a) and quality of the human environment 1822.16 Where do I file an application that 3(b)(2) of Executive Order 12988, Civil involves lands under the jurisdiction of under section 102(2)(C) of the National Justice Reform. more than one BLM State Office? Environmental Policy Act of 1969 1822.17 When are documents considered (NEPA), 42 U.S.C. 4332(2)(C). BLM has Report to Congress and the General filed simultaneously? placed the EA and the Finding of No Accounting Office 1822.18 How does BLM decide in which Significant Impact (FONSI) on file in the order to accept documents that are Under 5 U.S.C. 801(a)(1)(A), as added BLM Administrative Record, 1621 L simultaneously filed? by the Small Business Regulatory Street, NW, Room 401, Washington, DC, Enforcement Fairness Act of 1996, BLM Subpart 1823ÐPayments and Refunds during regular business hours, 8 a.m. to submitted a report containing this rule 1823.10 How may I make my payments to 4:30 p.m., Monday through Friday. and other required information to the BLM? Paperwork Reduction Act U.S. Senate, U.S. House of 1823.11 What is the authority for BLM Representatives, and the Comptroller issuing a refund of a payment? This final rule does not contain 1823.12 When and how may I obtain a information collection requirements that General of the General Accounting refund? the Office of Management and Budget Office before publication of the rule in 1823.13 Is additional documentation must approve under the Paperwork today’s Federal Register. This rule is needed when a third party requests a Reduction Act (44 U.S.C. 3501 et seq.). not a ‘‘major rule’’ as defined by 5 refund? U.S.C. 804(2). Regulatory Flexibility Act Subpart 1824ÐPublication and Posting Author Notices BLM has determined that the final 1824.10 What is a publication? rule, which makes non-substantive The principal author of this final rule 1824.11 How does BLM choose a changes to the regulations, will not have is Mary Linda Ponticelli, assisted by newspaper in which to publish a notice? a significant economic impact on a Shirlean Beshir, Regulatory Affairs 1824.12 How many times must BLM substantial number of small entities Group. publish a notice?

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1824.13 Who pays for publication? (b) A list of the names, addresses, and § 1822.12 Where do I file my application or 1824.14 Does the claimant or applicant pay geographical areas of jurisdiction of all other required documents? for an error by the printer of the paper Field Offices of the Bureau of Land You should file your application or in which the notice appears? Management can be obtained at the 1824.15 What does it mean to post a notice? other required documents at the BLM 1824.16 Why must I post a notice? above addresses or any office of the office having jurisdiction over the lands 1824.17 If I must post a notice on the land, Bureau of Land Management, including or records involved. The specific BLM what are the requirements? the Washington Office, Bureau of Land office where you are to file your Management, 1849 C Street, NW, application is usually referenced in the Subpart 1825ÐRelinquishments Washington, DC 20240. BLM regulations which pertain to the 1825.10 If I relinquish my interest (such as filing you are making. If the regulations a claim or lease) in public land, am I § 1821.11 During what hours may I file an do not name the specific office, or if you relieved of all further responsibility application? have questions as to where you should associated with that interest? 1825.11 When are relinquishments You may file applications or other file your application or other required effective? documents or inspect official records documents, contact your local BLM 1825.12 When does relinquished land during BLM office hours. Each BLM office for information and we will tell become available again for other office will prominently display a notice you which BLM office to file your application or appropriation? of the hours during which that application. Authority: 5 U.S.C. 552, 43 U.S.C. 2, 1201, particular office will be open. Except for § 1822.13 May I file electronically? 1733, and 1740. offices which are open periodically, for For certain types of applications, BLM example, every Wednesday or the 3rd Subpart 1821—General Information will accept your electronic filing if an Wednesday of the month, all offices will § 1821.10 Where are BLM offices located? original signature is not required. If be open Monday through Friday, BLM requires your signature, you must (a) In addition to the Headquarters excluding Federal holidays, at least file your application or document by Office in Washington, D.C. and seven from 9 a.m. to 3 p.m., local time. delivery or by mailing. If you have any national level support and service § 1821.12 Are these the only regulations questions regarding which types of centers, BLM operates 12 State Offices, that will apply to my application or other applications can be electronically filed, each having several subsidiary offices required document? you should check with the BLM office called Field Offices. The addresses of where you intend to file your the State Offices and their respective No. These general regulations are application. When you file an geographical areas of jurisdiction are as supplemented by specific program application electronically, it will not be follows: regulations. You should consult the considered filed until BLM receives it. regulations applying to the specific State Offices and Areas of Jurisdiction: program. § 1822.14 What if I try to file a required Alaska State Office, 222 West 7th Avenue, document on the last day of the stated #13, Anchorage, AK 99513–7599—Alaska § 1821.13 What if the specific program period for filing, but the BLM office where Arizona State Office, 222 North Central regulations conflict with these regulations? it is to be filed is officially closed all day? Avenue, Suite 101, Phoenix, AZ 85004– BLM considers the document timely 2203—Arizona If there is a conflict, the specific California State Office, 2135 Butano Drive, program regulations will govern and the filed if we receive it in the office on the Sacramento, CA 95825–0451—California conflicting portion of these regulations next day it is officially open. Colorado State Office, 2850 Youngfield will not apply. § 1822.15 If I miss filing a required Street, Lakewood, CO 80215–7076— document or payment within the specified Colorado Subpart 1822—Filing a Document with period, can BLM consider it timely filed Eastern States Office, 7450 Boston Boulevard, BLM anyway? Springfield, VA 22153—Arkansas, Iowa, Louisiana, Minnesota, Missouri, and all § 1822.10 How should my name appear on BLM may consider it timely filed if: States east of the Mississippi River applications and other required documents (a) The law does not prohibit BLM Idaho State Office, 1387 South Vinnell Way, that I submit to BLM? from doing so; Boise, ID 83709—Idaho Your legal name and current address (b) No other BLM regulation prohibits Montana State Office, Granite Tower, 222 doing so; and North 32nd Street, Billings, MT 59107– should appear on your application and 6800; Mail: P.O. Box 36800, Billings, MT other required documents. (c) No intervening third party 59107–6800—Montana, North Dakota and interests or rights have been created or South Dakota § 1822.11 What must I do to make an established during the intervening Nevada State Office, 1340 Financial official filing with BLM? period. Boulevard, Reno, NV 89520–0006—Nevada You must file your application and New Mexico State Office, 1474 Rodeo Drive, § 1822.16 Where do I file an application Santa Fe, NM 87502–0115; Mail: P.O. Box any other required documents during that involves lands under the jurisdiction of 27115, Santa Fe, NM 87502–0115—Kansas, regular office hours at the appropriate more than one BLM State Office? New Mexico, Oklahoma and Texas BLM office having jurisdiction over the You may file your application with Oregon State Office, 1515 S.W. 5th Avenue, lands or records involved. You must file any BLM State Office having P.O. Box 2965, Portland, OR 97208— any document with BLM through jurisdiction over the subject lands. You Oregon and Washington personal delivery or by mailing via the should consult the regulations of the Utah State Office, CFS Financial Center, 324 United States Postal Service or other South State Street, Salt Lake City, UT particular BLM resource program delivery service, except for those involved for more specific information. 84145–0155 Mail: P.O. Box 45155, Salt applications that may be filed Lake City, UT 84145–0155—Utah electronically under § 1822.13, unless a § 1822.17 When are documents Wyoming State Office, 5353 Yellowstone considered filed simultaneously? Road, Cheyenne, WY 82003; Mail: P.O. Box more specific regulation or law specifies 1828, Cheyenne, WY 82003—Wyoming the mode of delivery. The date of (a) BLM considers two or more and Nebraska mailing is not the date of filing. documents simultaneously filed when:

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(1) They are received at the assignees, or mortgagees, BLM may § 1824.16 Why must I post a notice? appropriate BLM office on the same day require additional documentation The posting of a notice informs those and time; or sufficient to establish your entitlement persons who may be interested in the (2) They are filed in conjunction with to a refund. If you are an heir, executor, an order that specifies that documents administrator, assignee or mortgagee, lands or resources described, who have received by the appropriate office you should contact the BLM office relevant information to provide, or who during a specified period of time will be where you will file your refund may wish to oppose the proposal. considered as simultaneously filed. application for information regarding § 1824.17 If I must post a notice on the (b) An application or document that appropriate documentation. land, what are the requirements? arrives at the BLM office where it is to be filed when the office is closed for the Subpart 1824—Publication and posting The posted notice must be visible entire day will be considered as filed on of notices throughout the time period for posting the day and hour the office next § 1824.10 What is publication? specified in the regulations governing officially opens. the relevant program. BLM or its (c) Nothing in this provision will Publication means publishing a notice regulations may require additional announcing an event or a proposed deny any preference right granted by posting, such as in a post office or city action in the Federal Register, a local applicable law or regulation or validate hall. For any additional posting newspaper of established character and a document which is invalid under requirements, you should see applicable applicable law or regulation. general circulation in the vicinity of the land affected or other appropriate Federal and State law, the regulations of § 1822.18 How does BLM decide in which periodical. BLM’s purpose in publishing the particular BLM resource program order to accept documents that are or requiring the publication of such and any additional BLM requirements simultaneously filed? information is to advise you and other associated with your application. BLM makes this decision by a interested parties that some action will Subpart 1825—Relinquishments drawing open to the public. occur and that the public is invited Subpart 1823—Payments and Refunds either to participate or to comment. § 1825.10 If I relinquish my interest (such as a claim or lease) in public lands, am I § 1823.10 How may I make my payments to § 1824.11 How does BLM choose a relieved of all further responsibility BLM? newspaper in which to publish a notice? associated with that interest? Unless specific regulations provide BLM bases its choice of newspapers No. You are still responsible for otherwise, you may pay by: on their reputation and frequency and fulfilling any regulatory, statutory, lease, level of circulation in the vicinity of the (a) United States currency; or permit and other contractual obligations (b) Checks, money orders, or bank public or private lands involved. that apply, such as performance of drafts made payable to the Bureau of § 1824.12 How many times must BLM reclamation and payment of rentals Land Management; or publish a notice? accruing before the time of (c) Visa or Master Card credit charge, except as specified by pertinent The number of times that BLM will relinquishment. You should see the regulation(s). publish or cause to be published a regulations relating to the specific BLM notice depends on the publication resource program involved for more § 1823.11 What is the authority for BLM requirements for the particular action detailed information. issuing a refund of a payment? involved. You should see the applicable BLM can issue you a refund under the § 1825.11 When are relinquishments law and the regulations governing effective? authority of section 304(c) of the Federal specific BLM resource programs for Land Policy and Management Act, 43 information on the requirements for Generally, BLM considers a U.S.C. 1734. publication for a particular action. relinquishment to be effective when it is received, along with any required fee, in § 1823.12 When and how may I obtain a § 1824.13 Who pays for publication? refund? the BLM office having jurisdiction of the (a) In making a payment to BLM, if The cost of publication is the lands being relinquished. However, the the funds or fees you submitted to BLM responsibility of the claimant or specific program regulations govern exceed the amount required or if the applicant. effectiveness of relinquishments. regulations provide that fees submitted § 1824.14 Does the claimant or applicant § 1825.12 When does relinquished land to BLM must be returned in certain pay for an error by the printer of the paper become available again for other situations, you may be entitled to a full in which the notice appears? application or appropriation? or partial refund. (b) If you believe you are due a No. The claimant or applicant is not Relinquished land may not again refund, you may request it from the responsible for costs involved in become available until BLM notes the BLM office where you previously correcting an error by the printer. filed relinquishment of an interest on submitted your payment. You should § 1824.15 What does it mean to post a the land records maintained by the BLM state the reasons you believe you are notice? office having jurisdiction over the lands entitled to a refund and include a copy Posting a notice is similar to involved. If you have any questions of the appropriate receipt, canceled regarding the availability of a particular check, or other relevant documents. publishing a notice except that the notice is displayed at the appropriate tract of land, you should contact the § 1823.13 Is additional documentation BLM office, local courthouse or similar BLM office having jurisdiction over the needed when a third party requests a prominent local government building or lands or records. refund? on a prominent fixture such as a [FR Doc. 99–25505 Filed 9–30–99; 8:45 am] Yes. When refund requests are made building, tree or post located on the BILLING CODE 4310±84±P by heirs, executors, administrators, particular public lands involved.

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DEPARTMENT OF THE INTERIOR offices instructing them to act under the obligations of their recipients; nor does regulations that had been in place until it raise novel legal or policy issues. Bureau of Land Management March 31, 1997, the effective date of the Clarity of the Regulations remanded rule. 43 CFR Part 3800 While the litigation was pending, the Executive Order 12866 requires each [WO±660±4120±02±24 1A] challenged rule was published in Title agency to write regulations that are 43 of the Code of Federal Regulations simple and easy to understand. RIN: 1004±AD36 (CFR), and the old rules were removed However, because this final rule merely Mining Claims Under the General from the published volumes. The restores to the CFR regulations that were Mining Laws; Surface Management purpose of this final rule is to remove in effect before March 31, 1997, and from the CFR the judicially invalidated proposed regulations are pending that, if AGENCY: Bureau of Land Management, regulatory provisions that were adopted, will affect this whole subpart, Interior. promulgated on February 28, 1997, and which will be rewritten in plain ACTION: Final rule. to restore verbatim to the CFR the language, we have not rewritten this previous regulatory provisions that were regulation into plain language. SUMMARY: The Bureau of Land removed and/or replaced by that rule, Management (BLM) is publishing this and that now are back in effect as a National Environmental Policy Act final regulation on bonding result of the court invalidating the new BLM has determined that this final requirements for mining claims to rulemaking. Absent this action, the CFR rule is an administrative action. It comply with a Federal District Court would contain regulations that are no merely restores regulatory language that order. This final rule is needed to longer valid, potentially confusing those was changed or removed by a previous remove regulatory provisions that were subject to these regulations as to the final rule that was invalidated by the invalidated by the court and to restore requirements for bonding of hardrock District Court. Therefore, it is the previously existing provisions that mining operations. categorically excluded from are currently in effect as a result of the Under 5 U.S.C. 553(b), the environmental review under section court order. This rule does not affect a Department of the Interior finds good 102(2)(C) of the National Environmental pending proposed rule regarding cause to issue this final rule without Policy Act, pursuant to 516 changes to Subpart 3809. notice and opportunity for public Departmental Manual (DM), Chapter 2, EFFECTIVE DATE: October 1, 1999. comment. Removing the invalid rule Appendix 1. In addition, the proposed ADDRESSES: Inquiries or suggestions and restoring the previously existing rule does not meet any of the 10 criteria should be sent to the Solid Minerals rule is required by a final judicial for exceptions to categorical exclusions Group at Director (320), Bureau of Land determination. Therefore, notice and listed in 516 DM, Chapter 2, Appendix Management, Room 501 LS, 1849 C public comment is unnecessary. Under 2. Pursuant to Council on Street, N.W., Washington, D.C. 20240. 5 U.S.C. 553(d), the Department also Environmental Quality regulations (40 FOR FURTHER INFORMATION CONTACT: finds good cause, to waive the 30-day CFR 1508.4) and the environmental Richard Deery, (202) 452–0350, or Ted period between publication of a final policies and procedures of the Hudson, (202) 452–5042. rule and its effective date for the same Department of the Interior, the term reason. SUPPLEMENTARY INFORMATION: ‘‘categorical exclusions’’ means a This rule has no effect on the category of actions which do not I. Background proposed rule published on February 9, individually or cumulatively have a On February 28, 1997 (62 FR 9093), 1999 (64 FR 6422), which would significant effect on the human BLM published a final rule amending 43 comprehensively amend the hardrock environment and that have been found CFR subpart 3809. This final rule mining regulations in 43 CFR Subpart to have no such effect in procedures amended the bonding requirements for 3809. However, that proposed rule adopted by a Federal agency and for unpatented mining claims under the could make changes to the reinstated which neither an environmental Mining Law of 1872, as amended (30 bonding regulations, if a final rule is assessment nor an environmental U.S.C. 22 et seq.), and codified the issued. impact statement is required. penalties imposed by the Sentencing II. Procedural Matters Regulatory Flexibility Act Reform Act of 1989 (18 U.S.C. 3571 et seq.). Executive Order 12866, Regulatory Congress enacted the Regulatory The Northwest Mining Association Planning and Review Flexibility Act of 1980, as amended, 5 (NMA) sued the BLM alleging violations This final rule is not a significant U.S.C. 601–612, to ensure that of the Administrative Procedure Act, 5 regulatory action and is not subject to Government regulations do not U.S.C. 551 et seq., and the Regulatory review by the Office of Management and unnecessarily or disproportionately Flexibility Act, as amended, 5 U.S.C. Budget under Executive Order 12866. burden small entities. The RFA requires 601 et seq. (Northwest Mining The rule will not have an effect of $100 a regulatory flexibility analysis if a rule Association v. Babbitt, 5 F.Supp.2d 9 million or more on the economy. It will would have a significant economic (D.D.C. 1998)) On May 13, 1998, the not adversely affect in a material way impact on a substantial number of small court ruled in favor of the NMA, granted the economy, productivity, competition, entities. Although small entities are its motion for summary judgment, and jobs, the environment, public health or bound by the regulations being restored remanded the final rule to the safety, or State, local, or tribal by this final rule, BLM has determined Department of the Interior for governments or communities. This rule under the RFA that this rule would not appropriate action consistent with the will not create a serious inconsistency have a significant economic impact on court’s opinion. or otherwise interfere with an action a substantial number of small entities. The Department of the Interior did not taken or planned by another agency. The rule is an administrative action appeal the decision of the District Court. The rule does not alter the budgetary restoring to the CFR regulations that On August 21, 1998, BLM issued an effects of entitlements, grants, user fees, BLM and industry are currently instruction memorandum to its field or loan programs or the right or following. The rule makes no changes in

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This rule other applicable Federal and State laws. reasons stated in the previous two does not impose any additional (c) Upon approval of a plan by the sections. information collection requirements. authorized officer, operations shall be conducted in accordance with the Unfunded Mandates Reform Act Author: The principal author of this rule is Ted Hudson of the Regulatory approval plan. This final rule does not impose an Affairs Group, Washington Office, 3. Section 3809.1–9 is revised to read unfunded mandate on State, local, or Bureau of Land Management. as follows: tribal governments or the private sector § 3809.1±9 Bonding requirements. of more than $100 million per year; nor List of Subjects in 43 CFR Part 3800 (a) No bond shall be required for does this rule have a significant or Administrative practice and operations that constitute casual use unique effect on State, local, or tribal procedure, Environmental protection, (§ 3809.1–2) or that are conducted under governments or the private sector. The Intergovernmental affairs, Mines, Public a notice (§ 3809.1–3 of this title). rule is an administrative action restoring lands-mineral resources, Reporting and (b) Any operator who conducts to the CFR regulatory text that was recordkeeping requirements, Surety operations under an approved plan of removed or changed by a previous final bonds, Wilderness areas operations as described in § 3809.1–5 of For the reasons stated in the rule invalidated by the District Court. this title may, at the discretion of the preamble, and under the authorities This rule makes no changes in the authorized officer, be required to cited below, Part 3800, Subchapter C, restored text. Therefore, BLM does not furnish a bond in an amount specified Chapter II, Title 43 of the Code of need to prepare a statement containing by the authorized officer. The Federal Regulations is amended as set the information required by the authorized officer may determine not to forth below. Unfunded Mandates Reform Act (2 require a bond in circumstances where U.S.C. 1531 et seq.) PART 3800ÐMINING CLAIMS UNDER operations would cause only minimal Executive Order 12630, Governmental THE GENERAL MINING LAW disturbance to the land. In determining Actions and Interference with the amount of the bond, the authorized Constitutionally Protected Property 1. The authority citation for part 3800 officer shall consider the estimated cost Rights (Takings) continues to read as follows: of reasonable stabilization and reclamation of areas disturbed. In lieu of The final rule does not represent a Authority: 16 U.S.C. 351; 16 U.S.C. 460y- 4; 30 U.S.C. 22; 31 U.S.C. 9701; 43 U.S.C. the submission of a separate bond, the government action capable of interfering 154; 43 U.S.C. 299; 43 U.S.C. 1201; 43 U.S.C. authorized officer may accept evidence with constitutionally protected property 1740; 30 U.S.C. 28k. of an existing bond pursuant to State rights. It is an administrative action law or regulations for the same area restoring text removed or changed by a Subpart 3809ÐSurface Management covered by the plan of operations, upon previous final rule that was invalidated a determination that the coverage would by a Federal court. Therefore, the 2. Section 3809.1–8 is added to read as follows: be equivalent to that provided in this Department of the Interior has section. determined that the rule would not § 3809.1±8 Existing operations. (c) In lieu of a bond, the operator may cause a taking of private property or (a) Persons conducting operations on deposit and maintain in a Federal require further discussion of takings January 1, 1981, who would be required depository account of the United States implications under this Executive to submit a notice under § 3809.1–3 or Treasury, as directed by the authorized Order. a plan of operations under § 3809.1–4 of officer, cash in an amount equal to the Executive Order 12612, Federalism this title may continue operations but required dollar amount of the bond or shall, within: negotiable securities of the United In accordance with Executive Order (1) 30 days submit a notice with States having a market value at the time 12612, BLM finds that the rule does not required information outlined in of deposit of not less than the required have sufficient federalism implications § 3809.1–3 of this title for operations dollar amount of the bond. to warrant the preparation of a where 5 acres or less will be disturbed (d) In place of the individual bond on Federalism Assessment. This rule does during a calendar year; or each separate operation, a blanket bond not change the role or responsibilities (2) 120 days submit a plan in those covering statewide or nationwide between Federal, State, and local areas identified in § 3809.1–4 of this operations may be furnished at the governmental entities, nor does it relate title. Upon a showing of good cause, the option of the operator, if the terms and to the structure and role of States or authorized officer may grant an conditions, as determined by the have direct, substantive, or significant extension of time, not to exceed an authorized officer, are sufficient to effects on States. additional 180 days, to submit a plan. comply with these regulations. (b) Operations may continue Executive Order 12988, Civil Justice (e) In the event that an approved plan according to the submitted plan during Reform is modified in accordance with its review. If the authorized officer § 3809.1–7 of this title, the authorized Under Executive Order 12988, the determines that operations are causing officer shall review the initial bond for Department has determined that this unnecessary or undue degradation of adequacy and, if necessary, adjust the rule would not unduly burden the the Federal lands involved, the amount of the bond to conform to the judicial system and that it meets the authorized officer shall advise the plan as modified. requirements of sections 3(a) and 3(b)(2) operator of those reasonable measures (f) When all or any portion of the of the Order. needed to avoid such degradation, and reclamation has been completed in

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The authorized officer shall ‘‘Cargo Ship Safety Radiotelegraphy then notify the operator, in writing, Coast Guard Certificates’’ and ‘‘Cargo Ship Safety whether the reclamation is acceptable. Radiotelephony Certificates’’ with When the authorized officer has 46 CFR Parts 1, 2, 4, 10, 12, 15, 31, 34, ‘‘Cargo Ship Radio Certificates’’ to accepted as completed any portion of 38, 52, 53, 54, 56, 57, 58, 59, 61, 63, 64, conform to Resolution 1 of the the reclamation, the authorized officer 67, 68, 69, 76, 91, 95, 98, 105, 107, 108, Conference of Contracting Governments shall authorize that the bond be reduced 109, 118, 125, 133, 147, 151, 153, 160, to the International Convention for the proportionally to cover the remaining 161, 162, 167, 169, 177, 181, 189, 193, Safety of Life at Sea, 1974 on the Global reclamation to be accomplished. 197, and 199 Maritime Distress and Safety System adopted on November 9, 1988. Since (g) When a mining claim is patented, [USCG±1999±6216] the authorized officer shall release the there were identical paragraphs on operator from that portion of the Technical Amendments; application and issuance for both Cargo performance bond which applies to Organizational Changes; Ship Safety Radiotelegraphy Certificates operations within the boundaries of the Miscellaneous Editorial Changes and and Cargo Ship Safety Radiotelephony patented land. The authorized officer Conforming Amendments Certificates, we removed duplicate shall release the operator from the sections 31.40–20, 91.60–20, and remainder of the performance bond, AGENCY: Coast Guard, DOT. 189.60–20. ACTION: including the portion covering approved Final rule. Section 15.805 means of access outside the boundaries SUMMARY: This rule makes editorial and of the mining claim, when the operator In this section, we added the phrase technical changes throughout Title 46 of ‘‘other than a vessel with only a has completed acceptable reclamation. the Code of Federal Regulations (CFR) to recreational endorsement’’ to paragraph However, existing access to patented update the title before it is recodified on (b) to conform to 46 U.S.C. 12110, mining claims, if across Federal lands October 1. It corrects addresses, updates Limitations on operations authorized by shall continue to be regulated under the cross-references, makes conforming certificates. approved plan. The provisions of this amendments, and makes other technical subsection do not apply to patents Sections 118.400, 177.410, and 181.400 corrections. This rule will have no issued on mining claims within the substantive effect on the regulated We corrected these sections by boundaries of the California Desert public. removing the word ‘‘grills’’ in section Conservation Area (see § 3809.6 of this 118.400, the words ‘‘type grilles’’ in title). EFFECTIVE DATE: This rule is effective on September 30, 1999. section 177.410, and the word ‘‘grills’’ 4. Section 3809.3–1 is amended by in section 181.400 and added, in their ADDRESSES: Documents as indicated in place, in each case, the word ‘‘griddle’’ revising paragraph (b) to read as follows: this preamble are available for to correctly reflect cooking appliances inspection or copying at the Docket § 3809.3±1 Applicability of State law. with a solid flat metal cooking plate Management Facility, (USCG–1999– * * * * * surface. The restaurant industry defines 6216), U.S. Department of grills as appliances with an open grid (b) After November 26, 1980, the Transportation, room PL–401, 400 cooking rack suspended above an open Director, Bureau of Land Management, Seventh Street SW., Washington DC flame heat source such as wood or shall conduct a review of State laws and 20590–0001. regulations in effect or due to come into charcoal briquettes. Open flame systems FOR FURTHER INFORMATION CONTACT: For for cooking and heating are not allowed effect, relating to unnecessary or undue questions on this rule, contact Janet degradation of lands disturbed by aboard small passenger vessels by 46 Walton, Standards Evaluation and CFR 177.410(c)(1). exploration for, or mining of, minerals Development Division (G–MSR–2), locatable under the mining laws. Coast Guard, telephone 202–267–0257. Sections 162.050–5 and 162.050–7 5. Section 3809.3–2 is amended by For questions on viewing, or submitting In both sections, we removed ‘‘100 removing paragraph (f) and revising material to the docket, contact Dorothy p.p.m.’’ (parts per million) to conform paragraph (e) to read as follows: Walker, Chief, Dockets, Department of with IMO Resolution MEPC.60(30), Transportation, telephone 202–366– § 3809.3±2 Noncompliance. Guidelines and specifications for 9329. pollution prevention equipment for * * * * * SUPPLEMENTARY INFORMATION: machinery space bilges of ships, (e) Failure of an operator to take adopted on October 30, 1992. The Discussion of the Rule necessary actions on a notice of non- resolution states that effluent from oil compliance, may constitute justification Each year Title 46 of the Code of filtering equipment should not exceed for requiring the submission of a plan of Federal Regulations is recodified on 15 ppm. operations under § 3809.1–5 of this title, October 1. This rule makes editorial and mandatory bonding for subsequent changes throughout the title, corrects Regulatory Evaluation operations which would otherwise be addresses, updates cross-references, and This rule is not a ‘‘significant conducted pursuant to a notice under makes other technical and editorial regulatory action’’ under section 3(f) of § 3809.1–3 of this title. corrections. Some editorial changes are Executive Order 12866 and does not

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(DOT)(44 FR 11040, February 26, 1979). impact of this rule and concluded that, We expect the economic impact of this under figure 2–1, paragraphs (34)(a) and 46 CFR Part 53 rule to be so minimal that a full (b), of Commandant Instruction Incorporation by reference, Reporting Regulatory Evaluation under paragraph M16475.lC, this rule is categorically and recordkeeping requirements, 10e of the regulatory policies and excluded from further environmental Vessels. procedures of DOT is unnecessary. As documentation. This exclusion is in this rule involves internal agency accordance with paragraphs (34)(a) and 46 CFR Part 54 practices and procedures or makes (b), concerning regulations that are Incorporation by reference, Reporting nonsubstantive corrections, it will not editorial or procedural and concerning and recordkeeping requirements, impose any costs on the public. internal agency functions or Vessels. organization. A ‘‘Categorical Exclusion Collection of Information Determination’’ is available in the 46 CFR Part 56 This rule calls for no new collection docket where indicated under Incorporation by reference, Reporting of information under the Paperwork ADDRESSES. and recordkeeping requirements, Reduction Act of 1995 (44 U.S.C. 3501– List of Subjects Vessels. 3520). 46 CFR Part 1 46 CFR Part 57 Federalism Administrative practice and We have analyzed this rule under E.O. Incorporation by reference, Reporting procedure, Organization and functions 12612 and have determined that this and recordkeeping requirements, (Government agencies), Reporting and rule does not have sufficient Vessels. recordkeeping requirements. implications for federalism to warrant 46 CFR Part 58 the preparation of a Federalism 46 CFR Part 2 Assessment. Incorporation by reference, Reporting Marine safety, Reporting and and recordkeeping requirements, Unfunded Mandates Reform Act and recordkeeping requirements, Vessels. Vessels. Enhancing the Intergovernmental 46 CFR Part 4 Partnership 46 CFR Part 59 Administrative practice and The Unfunded Mandates Reform Act procedure, Alcohol abuse, Drug abuse, Incorporation by reference, Reporting of 1995 (2 U.S.C. 1531–1538) and E.O. Drug testing, Investigations, Marine and recordkeeping requirements, 12875, Enhancing the Intergovernmental safety, National Transportation Safety Vessels. Partnership, (58 FR 58093, October 28, Board, Reporting and recordkeeping 46 CFR Part 61 1993) govern the issuance of Federal requirements, Safety, Transportation. regulations that require unfunded Incorporation by reference, Reporting mandates. An unfunded mandate is a 46 CFR Part 10 and recordkeeping requirements, regulation that requires a State, local, or Incorporation by reference, Reporting Vessels. tribal government or the private sector and recordkeeping requirements, 46 CFR Part 63 to incur direct costs without the Federal Schools, Seamen. Government’s having first provided the Incorporation by reference, Reporting 46 CFR Part 12 funds to pay those costs. This rule will and recordkeeping requirements, not impose an unfunded mandate. Incorporation by reference, Reporting Vessels. Taking of Private Property and recordkeeping requirements, Seamen. 46 CFR Part 64 This rule will not effect a taking of 46 CFR Part 15 Incorporation by reference, Reporting private property or otherwise have and recordkeeping requirements, taking implications under E.O. 12630, Reporting and recordkeeping Vessels. Governmental Actions and Interference requirements, Seamen, Vessels. with Constitutionally Protected Property 46 CFR Part 67 Rights. 46 CFR Part 31 Vessels. Cargo vessels, Marine safety, Civil Justice Reform Reporting and recordkeeping 46 CFR Part 68 This rule meets applicable standards requirements. in sections 3(a) and 3(b)(2) of E.O. Vessels. 46 CFR Part 34 12988, Civil Justice Reform, to minimize 46 CFR Part 69 litigation, eliminate ambiguity, and Cargo vessels, Fire prevention, reduce burden. Incorporation by reference, Marine Measurement standards, Penalties, safety. Reporting and recordkeeping Protection of Children requirements, Vessels. 46 CFR Part 38 We have analyzed this rule under E.O. 46 CFR Part 76 13045, Protection of Children from Cargo vessels, Fire prevention, Gases, Environmental Health Risks and Safety Hazardous materials transportation, Fire prevention, Marine safety, Risks. This rule is not an economically Incorporation by reference, Marine Passenger vessels.

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46 CFR Part 91 46 CFR Part 153 CFR parts 1, 2, 4, 10, 12, 15, 31, 34, 38, Cargo vessels, Marine safety, Administrative practice and 52, 53, 54, 56, 57, 58, 59, 61, 63, 64, 67, Reporting and recordkeeping procedure, Cargo vessels, Hazardous 68, 69, 76, 91, 95, 98, 105, 107, 108, 109, requirements. materials transportation, Incorporation 118, 125, 133, 147, 151, 153, 160, 161, by reference, Marine safety, Reporting 162, 167, 169, 177, 181, 189, 193, 197, 46 CFR Part 95 and recordkeeping requirements, Water and 199 as follows: Cargo vessels, Fire prevention, Marine pollution control. PART 1ÐORGANIZATION, GENERAL safety. 46 CFR Part 160 COURSE AND METHODS GOVERNING 46 CFR Part 98 MARINE SAFETY FUNCTIONS Incorporation by reference, Marine Cargo vessels, Hazardous materials safety, Reporting and recordkeeping 1. The authority citation for part 1 transportation, Incorporation by requirements. continues to read as follows: reference, Marine safety, Reporting and recordkeeping requirements, Water 46 CFR Part 161 Authority: 5 U.S.C. 552; 14 U.S.C. 633; 46 pollution control. Fire prevention, Marine safety, U.S.C. 7701; 49 CFR 1.45, 1.46; § 1.01–35 also issued under the authority of 44 U.S.C. 3507. Reporting and recordkeeping 46 CFR Part 105 requirements. 2. Revise § 1.03–15(h)(1), (h)(2) and Cargo vessels, Fishing vessels, (h)(3) to read as follows: 46 CFR Part 162 Hazardous materials transportation, Marine safety, Petroleum, Seamen. Fire prevention, Incorporation by § 1.03±15 General. reference, Marine safety, Oil pollution, * * * * * 46 CFR Part 107 Reporting and recordkeeping (h) * * * Incorporation by reference, Marine requirements. (1) Commandant (G–MOC) for appeals safety, Oil and gas exploration, 46 CFR Part 167 involving vessel inspection issues, load Reporting and recordkeeping line issues, and vessel manning issues; requirements, Vessels. Fire prevention, Incorporation by (2) Commandant (G–MS) for appeals reference, Marine safety, Reporting and 46 CFR Part 108 involving vessel plan review or tonnage recordkeeping requirements, Schools, measurement issues; Fire prevention, Marine safety, Seamen, Vessels. (3) Commanding Officer, National Occupational safety and health, Oil and 46 CFR Part 169 Maritime Center, for appeals involving gas exploration, Vessels. Fire prevention, Incorporation by vessel documentation issues, tonnage 46 CFR Part 109 reference, Marine safety, Reporting and issues, marine personnel issues, Marine safety, Occupational safety recordkeeping requirements, Schools, including medical waivers, and and health, Oil and gas exploration, Vessels. suspension or withdrawal of course Reporting and recordkeeping approvals; or 46 CFR Part 177 requirements, Vessels. * * * * * Marine safety, Passenger vessels, 46 CFR Part 118 Reporting and recordkeeping PART 2ÐVESSEL INSPECTIONS Fire prevention, Marine safety, requirements. 3. The authority citation for part 2 Passenger vessels. 46 CFR Part 181 continues to read as follows: 46 CFR Part 125 Fire prevention, Marine safety, Authority: 33 U.S.C. 1903; 43 U.S.C. 1333; Administrative practice and Passenger vessels. 46 U.S.C. 3103, 3205, 3306, 3703; E.O. 12234, procedure, Authority delegation, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 46 CFR Part 189 Hazardous materials transportation, CFR 1.46; Subpart 2.45 also issued under the Marine safety, Oceanographic authority of Act Dec. 27, 1950, Ch. 1155, Incorporation by reference, Marine secs. 1, 2, 64 Stat. 1120 (see 46 U.S.C. App. safety, Offshore supply vessels, Oil and research vessels, Reporting and note prec. 1). gas exploration, Vessels. recordkeeping requirements. § 2.01±25 [Amended] 46 CFR Part 133 CFR Part 193 4. In § 2.01–25— Fire prevention, Incorporation by Marine safety, Occupational safety a. In paragraphs (a)(1)(iv), (a)(4)(i), reference, Marine safety, Oceanographic and health, Oil and gas exploration, (b)(2), and (e)(2) remove the word research vessels. Reporting and recordkeeping ‘‘Radiotelephony’’ and add, in its place, requirements, Vessels. 46 CFR Part 197 the word ‘‘Radio’’; 46 CFR Part 147 Benzene, Diving, Marine safety, b. Remove paragraph (a)(1)(v) and Hazardous materials transportation, Occupational safety and health, redesignate paragraphs (a)(1)(vi), (vii), Incorporation by reference, Labeling, Reporting and recordkeeping (viii) and (ix) as paragraphs (a)(1)(v), Marine safety, Packaging and requirements, Vessels. (vi), (vii), and (viii) respectively; c. Remove paragraph (a)(4)(ii) and containers, Reporting and recordkeeping 46 CFR Part 199 requirements. redesignate paragraph (a)(4)(iii) as Cargo vessels, Incorporation by paragraph (a)(4)(ii); 46 CFR Part 151 reference, Marine safety, Oil and gas d. In paragraph (b)(2), remove the Cargo vessels, Hazardous materials exploration, Passenger vessels, words ‘‘or a Cargo Ship Safety transportation, Incorporation by Reporting and recordkeeping Radiotelegraphy Certificate’’; and reference, Marine safety, Reporting and requirements, Vessels. e. In paragraph (e)(2), remove the recordkeeping requirements, Water For the reasons set out in the words ‘‘or the Cargo Ship Safety pollution control. preamble, the Coast Guard amends 46 Radiotelegraphy Certificate’’.

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§ 2.10±105 [Amended] Authority: 31 U.S.C. 9701; 46 U.S.C. 2101, words ‘‘and a Cargo Ship Safety 5. In § 2.10–105(c), add the symbol 2103, 2110, 7301, 7302, 7503, 7505, 7701; 49 Radiotelephony Certificate’’. ‘‘π’’ immediately preceding the words CFR 1.46. PART 34ÐFIREFIGHTING EQUIPMENT ‘‘is the rate of inflation (based on § 12.01±3 [Amended] projected military personnel costs at the 13. In § 12.01–3(a), remove the words 21. The authority citation for part 34 time of prepayment calculation)’’. ‘‘Operating and Environmental continues to read as follows: PART 4ÐMARINE CASUALTIES AND Standards Division, 2100 Second Street Authority: 46 U.S.C. 3306, 3703; E.O. INVESTIGATIONS SW., Washington, DC’’ and add, in their 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. place, the words ‘‘Office of Operating 277; 49 CFR 1.46. 6. The authority citation for part 4 and Environmental Standards, 2100 22. In § 34.01–15(b), revise the entry continues to read as follows: Second Street SW., Washington, DC for ‘‘National Fire Protection Authority: 33 U.S.C. 1231; 43 U.S.C. 1333; 20593–0001’’. Association (NFPA)’’ to read as follows: 46 U.S.C. 2103, 2306, 6101, 6301, 6305; 50 U.S.C. 198; 49 CFR 1.46. Authority for PART 15ÐMANNING REQUIREMENTS § 34.01±15 Incorporation by reference. subpart 4.40: 49 U.S.C. 1903(a)(1)(E); 49 CFR 14. The authority citation for part 15 * * * * * 1.46. (b) * * * continues to read as follows: 7. Add § 4.05–40 to read as follows: National Fire Protection Association (NFPA) Authority: 46 U.S.C. 2101, 2103, 3306, § 4.05±40 Alternate electronic means of 3703, 8101, 8102, 8104, 8105, 8301, 8304, 1 Batterymarch Park, Quincy, MA 02269– reporting. 8502, 8503, 8701, 8702, 8901, 8902, 8903, 9101 The Commandant may approve 8904, 8905(b), 9102; 49 CFR 1.45 and 1.46. * * * * * alternate electronic means of submitting § 15.105 [Amended] notices and reports required under this § 34.15±5 [Amended] subpart. 15. In § 15.105(a), remove the words 23. In § 34.15–5— 8. Add paragraph (e) to § 4.06–60 to ‘‘Operating and Environmental a. In paragraph (a), remove the words read as follows: Standards Division, 2100 Second Street ‘‘(b) through (e)’’ and add, in their place, SW., Washington, DC’’ and add, in their the words ‘‘(b) through (d)’’; § 4.06±60 Submission of reports and test place, the words ‘‘Office of Operating b. Revise the heading of Table 34.15– results. and Environmental Standards, 2100 5(e)(1) as ‘‘Table 34.15–5(d)(1)’’ and in * * * * * Second Street SW., Washington, DC paragraph (d)(1), remove the numbers (e) The Commandant may approve 20593–0001’’. ‘‘(e)(4)’’ and ‘‘34.15–5(e)(1)’’ and add, in alternate electronic means of submitting 16. In § 15.805, revise paragraph (b) to their place, the numbers ‘‘(d)(4)’’ and reports and test results as required read as follows: ‘‘34.15–5(d)(1)’’ respectively; under paragraphs (a) through (d) of this c. In paragraph (d)(4), remove the section. § 15.805 Master. numbers ‘‘(e)(1) and (2)’’ and add, in * * * * * their place, the numbers ‘‘(d)(1) and (2)’’ PART 10ÐLICENSING OF MARITIME (b) Every vessel documented under and; PERSONNEL the laws of the United States, other than d. In paragraph (d)(5), revise the 9. The authority citation for part 10 a vessel with only a recreational heading of Table 34.15–5(e)(5) as ‘‘Table continues to read as follows: endorsement, must be under the 34.15–5(d)(5)’’; and remove the number command of a U.S. citizen. ‘‘34.15–5(e)(5)’’ and add, in its place, Authority: 31 U.S.C. 9701; 46 U.S.C. 2101, the number ‘‘34.15–5(d)(5)’’. 2103, 2110; 46 U.S.C. Chapter 71; 46 U.S.C. PART 31ÐINSPECTION AND 7502, 7505, 7701; 49 CFR 1.45, 1.46; Sec. § 34.15±10 [Amended] 10.107 also issued under the authority of 44 CERTIFICATION U.S.C. 3507. 24. In § 34.15–10(b), (d), and (f), 17. The authority citation for part 31 remove the number ‘‘34.15–5(e)’’ and § 10.102 [Amended] continues to read as follows: add, in its place, the number ‘‘34.15– 10. In § 10.102(a), remove the words Authority: 33 U.S.C. 1321(j); 46 U.S.C. 5(d)’’. ‘‘Operating and Environmental 2103, 3205, 3306, 3703; 49 U.S.C. 5103, 5106; § 34.15±20 [Amended] Standards Division, 2100 Second Street E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., SW., Washington, DC’’ and add, in their p. 277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 25. In § 34.15–20(b), remove the place, the words ‘‘Office of Operating Comp., p. 351; 49 CFR 1.46. Section 31.10– number ‘‘34.15–5(e)’’ and add, in its 21 also issued under the authority of Sect. place, the number ‘‘34.15–5(d)’’. and Environmental Standards, 2100 4109, Pub. L. 101–380, 104 Stat. 515. Second Street SW., Washington, DC § 34.15±90 [Amended] 20593–0001’’. 18. In § 31.40–15(a) and (b), remove the word ‘‘Radiotelegraphy’’ and add, in 26. In § 34.15–90(a)(2), remove the § 10.603 [Amended] its place, the word ‘‘Radio’’; and revise numbers ‘‘34.15–5(e)(1) through (3)’’ 11. In § 10.603, remove paragraph (c) the section heading to read as follows: and add, in their place, the numbers and redesignate paragraphs (d) and (e) ‘‘34.15–5(d)(1) through (3)’’. as paragraphs (c) and (d) respectively; § 31.40±15 Cargo Ship Safety Radio CertificateÐT/ALL. PART 38ÐLIQUEFIED FLAMMABLE and in redesignated paragraph (d) GASES introductory text, remove the words * * * * * ‘‘paragraph (d)’’ and add, in their place, § 31.40±20 [Removed] 27. The authority citation for part 38 the words ‘‘paragraph (c)’’. continues to read as follows: 19. Remove § 31.40–20. Authority: 46 U.S.C. 2103, 3306, 3703; 49 PART 12ÐCERTIFICATION OF § 31.40±40 [Amended] U.S.C. 5101, 5106; E.O. 12234, 45 FR 58801, SEAMEN 20. In § 31.40–40(c), remove the word 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46. 12. The authority citation for part 12 ‘‘Radiotelegraphy’’ and add, in its place, 28. In § 38.01–3(b), revise the heading continues to read as follows: the word ‘‘Radio’’; and remove the and address for ‘‘American Society of

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Mechanical Engineers’’ to read as 32. In § 53.01–1(b), revise the heading Authority: 33 U.S.C. 1321(j), 1509; 43 follows: and address for ‘‘American Society of U.S.C. 1333; 46 U.S.C. 3306, 3703; E.O. Mechanical Engineers (ASME)’’ to read 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. § 38.01±3 Incorporation by reference. as follows: 277; E.O.12777, 56 FR 54757, 3 CFR, 1991 * * * * * Comp., p. 351; 49 CFR 1.46. (b) * * * § 53.01±1 Incorporation by reference. * * * * * Subpart 56.01Ð[Amended] American Society of Mechanical Engineers (b) * * * (ASME) International 36. In the NOTE to subpart 56.01, Three Park Avenue, New York, NY 10016– American Society of Mechanical Engineers (ASME) International remove the words ‘‘, United Engineering 5990 Center, 345 East 47th Street, New York, * * * * * Three Park Avenue, New York, NY 10016– 5990 N.Y. 10017’’ and add, in their place, the words ‘‘(ASME) International, Three PART 52ÐPOWER BOILERS * * * * * Park Avenue, New York, NY 10016– 29. The authority citation for part 52 PART 54ÐPRESSURE VESSELS 5990’’. continues to read as follows: 37. In § 56.01–2(b), revise the heading 33. The authority citation for part 54 and address for ‘‘American Society of Authority: 46 U.S.C. 3306, 3703; E.O. continues to read as follows: 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. Mechanical Engineers (ASME)’’ to read 277; 49 CFR 1.46. Authority: 33 U.S.C. 1509; 43 U.S.C. 1333; as follows: 46 U.S.C. 3306, 3703; E.O. 12234, 45 FR 30. In § 52.01–1(b), revise the heading 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR § 56.01±2 Incorporation by reference. and address for ‘‘American Society of 1.46. * * * * * Mechanical Engineers (ASME)’’ to read 34. In § 54.01–1(b), revise the heading (b) * * * as follows: and address for ‘‘American Society of § 52.01±1 Incorporation by reference. Mechanical Engineers (ASME)’’ to read American Society of Mechanical Engineers (ASME) International * * * * * as follows: (b) * * * § 54.01±1 Incorporation by reference. Three Park Avenue, New York, NY 10016– 5990 American Society of Mechanical Engineers * * * * * (ASME) International (b) * * * * * * * * Three Park Avenue, New York, NY 10016– American Society of Mechanical Engineers 38. In § 56.60–1, in Table 56.60–1(B), 5990 (ASME) International revise the headings for ANSI Standards * * * * * Three Park Avenue, New York, NY 10016– (American National Standards Institute) 5990 and ASTM Standards (American Society PART 53ÐHEATING BOILERS * * * * * for Testing and Materials) to read as follows: 31. The authority citation for part 53 PART 56ÐPIPING SYSTEMS AND continues to read as follows: § 56.60±1 Acceptable materials and APPURTENANCES specifications (replaces 123 and Table 126.1 Authority: 46 U.S.C. 3306, 3703; E.O. in ANSI±B31.1). 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 35. The authority citation for part 56 277; 49 CFR 1.46. continues to read as follows: * * * * *

TABLE 56.60±1(B).ÐADOPTED STANDARDS APPLICABLE TO PIPING SYSTEMS (REPLACES TABLE 126.1)

******* ANSI Standards (American National Standards Institute), 11 West 42nd Street, New York, NY 10036.

******* ASTM Standards (American Society for Testing and Materials), 100 Barr Harbor Drive, West Conshohocken, PA 19428±2959.

*******

PART 57ÐWELDING AND BRAZING American Society of Mechanical Engineers 42. In § 58.03–1(b), revise the (ASME) International headings and addresses for ‘‘American 39. The authority citation for part 57 Three Park Avenue, New York, NY 10016– Petroleum Institute (API)’’ and continues to read as follows: 5990 ‘‘American Society of Mechanical Authority: 46 U.S.C. 3306, 3703, E.O. * * * * * Engineers (ASME)’’ to read as follows: 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46. PART 58ÐMAIN AND AUXILIARY § 58.03±1 Incorporation by reference. 40. In § 57.02–1(b), revise the heading MACHINERY AND RELATED SYSTEMS * * * * * and address for ‘‘American Society of (b) * * * Mechanical Engineers (ASME)’’ to read 41. The authority citation for part 58 as follows: continues to read as follows: American Petroleum Institute (API) 1220 L Street NW, Washington, DC 20005– Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, § 57.02±1 Incorporation by reference. 4070 3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 * * * * * Comp., p. 277; 49 CFR 1.46. * * * * * (b) * * *

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American Society of Mechanical Engineers American Society of Mechanical Engineers § 68.05±11 [Amended] (ASME) International (ASME) International 58. In § 68.05–11(a) and (b), remove Three Park Avenue, New York, NY 10016– Three Park Avenue, New York, NY 10016– the word ‘‘Manager’’ and add, in its 5990 5990 place, the word ‘‘Director’’. * * * * * * * * * * § 68.05±13 [Amended] PART 59ÐREPAIRS TO BOILERS, PART 64ÐMARINE PORTABLE TANKS 59. In § 68.05–13(a) and (b), remove PRESSURE VESSELS AND AND CARGO HANDLING SYSTEMS the word ‘‘Manager’’ and add, in its APPURTENANCES place, the word ‘‘Director’’. 50. The authority citation for part 64 43. The authority citation for part 59 continues to read as follows: PART 69ÐMEASUREMENT OF continues to read as follows: Authority: 46 U.S.C. 3306, 3703; 49 U.S.C. VESSELS Authority: 46 U.S.C. 3306, 3703; E.O. App. 1804; 49 CFR 1.46. 60. The authority citation for part 69 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 51. In § 64.2(a), add, immediately continues to read as follows: 277; 49 CFR 1.46. preceding the words ‘‘, and is available Authority: 46 U.S.C. 2301, 14103; 49 CFR 44. In § 59.01–2(b), revise the heading from the source’’, the number ‘‘20593– 1.46. and address for ‘‘American Society of 0001’’; and in paragraph (b), revise the Mechanical Engineers (ASME)’’ to read heading and address for ‘‘American § 69.71 [Amended] as follows: Society of Mechanical Engineers’’ to 61. In § 69.71 in paragraph (b)— read as follows: a. Remove the words ‘‘(parts 42, 44, § 59.01±2 Incorporation by reference. 45, or 47 of this chapter)’’ and ‘‘(part 46 * * * * * § 64.2 Incorporation by reference. of this chapter)’’; (b) * * * * * * * * b. Remove the words ‘‘or SOLAS’’ and (b) * * * American Society of Mechanical Engineers add, in their place, the word ‘‘, SOLAS’’; (ASME) International American Society of Mechanical Engineers and (ASME) International c. Add the words ‘‘or other Three Park Avenue, New York, NY 10016– international agreement’’ immediately 5990 Three Park Avenue, New York, NY 10016– 5990 preceding the words ‘‘for the trade’’, in * * * * * the last sentence of the paragraph. * * * * * PART 61ÐPERIODIC TESTS AND § 69.73 [Amended] INSPECTIONS PART 67ÐDOCUMENTATION OF 62. In § 69.73(b), remove the word VESSELS 45. The authority citation for part 61 ‘‘explain’’ and add, in its place, the continues to read as follows: 52. The authority citation for part 67 word ‘‘explaining’’; and remove the continues to read as follows: word ‘‘include’’ and add, in its place, Authority: 43 U.S.C. 1333; 46 U.S.C. 2103, the word ‘‘including’’. 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, Authority: 14 U.S.C. 664; 31 U.S.C. 9701; 1980 Comp., p. 277; 49 CFR 1.46. 42 U.S.C. 9118; 46 U.S.C. 2103, 2107, 2110; § 69.203 [Amended] 46 U.S.C. app. 841a, 876; 49 CFR 1.45, 1.46. § 61.03±1 [Amended] 63. In § 69.203, in paragraph (b), in the definition of Registered length, 46. In § 61.03–1(a), immediately § 67.15 [Amended] remove the word ‘‘stem’’, immediately preceding the words ‘‘and is available 53. In § 67.15(b), remove the word preceding the words ‘‘of the aftermost from the sources indicated’’, add the ‘‘Manager’’ and add, in its place, the hull’’, and add, in its place, the word number ‘‘20593–0001’’. word ‘‘Director’’. ‘‘stern’’. § 61.10±5 [Amended] PART 68ÐDOCUMENTATION OF VESSELS PURSUANT TO PART 76ÐFIRE PROTECTION 47. In § 61.10–5— EQUIPMENT a. In paragraph (h), remove the EXTRAORDINARY LEGISLATIVE paragraph designator ‘‘(1)’’; GRANTS 64. The authority citation for part 76 b. Remove the word ‘‘accept’’ and 54. The authority citation for part 68 continues to read as follows: add, in its place, the word ‘‘except’’; and continues to read as follows: Authority: 46 U.S.C. 3306; E.O. 12234, 45 c. Remove the word ‘‘intenal’’ and FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR add, in its place, the word ‘‘internal’’. Authority: 46 U.S.C. 2103; 49 CFR 1.46. 1.46. Subpart 68.01 also issued under 46 U.S.C. PART 63ÐAUTOMATIC AUXILIARY App. 876; subpart 68.05 also issued under 46 § 76.15±5 [Amended] BOILERS U.S.C. 12106(d). 65. In § 76.15–5— § 68.01±5 [Amended] a. Remove paragraph (d), redesignate 48. The authority citation for part 63 paragraphs (e) and (f) as paragraphs (d) continues to read as follows: 55. In § 68.01–5(a) and (b), remove the word ‘‘Manager’’ and add, in its place, and (e) respectively, in newly Authority: 46 U.S.C. 3306, 3703; E.O. the word ‘‘Director’’. redesignated paragraph (d) revise the 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. heading of Table 76.15–5(e)(1) to read 277; 49 CFR 1.46. § 68.01±7 [Amended] ‘‘Table 76.15–5(d)(1)’’, and in paragraph 49. In § 63.05–1(b), revise the heading 56. In § 68.01–7(a), (b), and (c), (e) revise the heading of Table 76.15– and address for ‘‘American Society of remove the word ‘‘Manager’’ and add, in 5(e)(4) to read ‘‘Table 76.15–5(d)(4)’’; Mechanical Engineers’’ to read as its place, the word ‘‘Director’’. b. In redesignated paragraph (d)(1) follows: remove the numbers ‘‘(e)(3)’’ and add, in § 68.01±9 [Amended] their place, the numbers ‘‘(d)(3)’’, and § 63.05±1 Incorporation by reference. 57. In § 68.01–9(a) and (b), remove the remove the words ‘‘table 76.15–5(e)(1)’’ * * * * * word ‘‘Manager’’ and add, in its place, and add, in their place, the words ‘‘table (b) * * * the word ‘‘Director’’. 76.15–5(d)(1)’’;

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c. In redesignated paragraph (d)(3), b. In paragraph (d)(1), revise the 11735, 38 FR 21243, 3 CFR, 1971–1975 remove the numbers ‘‘(e)(1) and (2)’’ and heading of Table 95.15–5(e)(1) to read Comp., p. 793; 49 CFR 1.46. add, in their place, the numbers ‘‘(d)(1) ‘‘Table 95.15–5(d)(1)’’, and remove the § 105.05±10 [Amended] and (2)’’; numbers ‘‘(e)(3)’’ and ‘‘95.15–5(e)(1)’’ d. In redesignated paragraph (d)(4), and add, in their place, the numbers 81. In § 105.05–10— a. In paragraph (a), remove the words remove the number ‘‘76.15–5(e)(4)’’ and ‘‘(d)(3)’’ and ‘‘95.15–5(d)(1)’’ ‘‘title 46 U.S.C. section 391a’’ and add, add, in its place, the number ‘‘76.15– respectively; 5(d)(4)’’; and c. In paragraph (d)(3), remove the in their place, the words ‘‘46 U.S.C. e. In redesignated paragraph (e)(3), number ‘‘(e)(1) and (2)’’ and add, in its 3702’’; b. In paragraph (c)(1), remove the remove the numbers ‘‘(f)(1) and (2)’’ and place, the number ‘‘(d)(1) and (2)’’; add, in their place, the numbers ‘‘(e)(1) d. In paragraph (d)(4), revise the words ‘‘section 391a(6)(a) of title 46, and (2)’’. heading of Table 95.15–5(e)(4) to read U.S.C.’’ and add, in their place, the ‘‘Table 95.15–5(d)(4)’’, and remove the words ‘‘46 U.S.C. 3702’’; and § 76.15±10 [Amended] number ‘‘95.15–5(e)(4)’’ and add, in its c. In paragraph (c)(2), remove the 66. In § 76.15–10(b), (d), and (f), place, the number ‘‘95.15–5(d)(4)’’; and words ‘‘section 224a of title 46, U.S.C.’’ remove the number ‘‘76.15–5(e)’’ and e. In paragraph (e)(3), remove the and add, in their place, the words ‘‘46 add, in its place, the number ‘‘76.15– words ‘‘(f)(1) and (2)’’ and ‘‘(e)’’, and U.S.C. 8304’’. 5(d)’’. add, in their place, the words ‘‘(e)(1) PART 107ÐINSPECTION AND § 76.15±20 [Amended] and (2)’’ and ‘‘(d)’’ respectively. CERTIFICATION 67. In § 76.15–20(b), remove the § 95.15±10 [Amended] number ‘‘76.15–5(e)’’ and add, in its 82. The authority citation for part 107 75. In § 95.15–10(b), (d), and (f), continues to read as follows: place, the number ‘‘76.15–5(d)’’. remove the number ‘‘95.15–5(e)’’ and add, in its place, the number ‘‘95.15– Authority: 43 U.S.C. 1333; 46 U.S.C. 3306; § 76.15±90 [Amended] 46 U.S.C. 3316; 49 CFR 1.45, 1.46; § 107.05 68. In § 76.15–90(a)(2), remove the 5(d)’’. also issued under the authority of 44 U.S.C. number ‘‘76.15–5(e)(1) through (3)’’ and § 95.15±20 [Amended] 3507. add, in its place, the number ‘‘76.15– 76. In § 95.15–20(b), remove the 5(d)(1) through (3)’’. § 107.115 [Amended] number ‘‘95.15–5(e)’’ and add, in its 83. In § 107.115(b)(2), remove the PART 91ÐINSPECTION AND place, the number ‘‘95.15–5(d)’’. words ‘‘American Society of Mechanical CERTIFICATION § 95.15±90 [Amended] Engineers, 345 East 47th Street, New 77. In § 95.15–90(a)(2), remove the York, New York 10017’’ and add, in 69. The authority citation for part 91 their place, the words ‘‘American continues to read as follows: numbers ‘‘95.15–5(e)(1), (2) and (4)’’ and add, in their place, the numbers ‘‘95.15– Society of Mechanical Engineers Authority: 33 U.S.C. 1321(j); 46 U.S.C. 5(d)(1), (2) and (4)’’. (ASME) International, Three Park 3205, 3306; E.O. 12234; 45 FR 58801; 3 CFR, Avenue, New York, NY 10016–5990’’; 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, and in (b)(3), remove the words ‘‘2101 3 CFR, 1991 Comp., p. 351; 49 CFR 1.46. PART 98ÐSPECIAL CONSTRUCTION, ARRANGEMENT, AND OTHER L Street, N.W., Washington, D.C. 20037’’ 70. In § 91.60–15(a) and (b), remove PROVISIONS FOR CERTAIN and add, in their place, the words ‘‘1220 the word ‘‘Radiotelegraphy’’ and add, in DANGEROUS CARGOES IN BULK L Street NW., Washington, DC 20005– its place, the word ‘‘Radio’’; and revise 4070’’. the section heading to read as follows: 78. The authority citation for part 98 continues to read as follows: § 107.260 [Amended] § 91.60±15 Cargo Ship Safety Radio 84. In § 107.260(a), remove the Certificate. Authority: 33 U.S.C. 1903; 46 U.S.C. 3306, 3703; 49 U.S.C. App. 1804; E.O. 12234, 45 FR number ‘‘§ 107.231(n)’’, and add, in its * * * * * 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR place, the number ‘‘§ 107.231(l)’’. 1.46. § 91.60±20 [Removed] §§ 107.269 and 107.279 [Amended] 71. Remove § 91.60–20. 79. In § 98.01–3(b), revise the heading and address for ‘‘American Society of 85. In addition to the amendments set § 91.60±40 [Amended] Mechanical Engineers’’ to read as forth above, in 46 CFR part 107, remove 72. In § 91.60–40(c), remove the word follows: the number ‘‘§ 107.231(y), (z), (aa), and ‘‘Radiotelegraphy’’ and add, in its place, (bb)’’, and add, in its place, the number the word ‘‘Radio’’; and remove the § 98.01±3 Incorporation by reference. ‘‘§ 107.231(x) and (y)’’ in the following words ‘‘and a Cargo Ship Safety * * * * * places: Radiotelephony Certificate’’. (b) * * * a. Section 107.269; and b. Section 107.279(b) and (c). PART 95ÐFIRE PROTECTION American Society of Mechanical Engineers (ASME) International EQUIPMENT PART 108ÐDESIGN AND EQUIPMENT Three Park Avenue, New York, NY 10016– 73. The authority citation for part 95 5990 86. The authority citation for part 108 continues to read as follows: * * * * * continues to read as follows: Authority: 46 U.S.C. 3306; E.O. 12234, 45 Authority: 43 U.S.C. 1333; 46 U.S.C. 3102, FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR PART 105ÐCOMMERCIAL FISHING 3306; 49 CFR 1.46. 1.46. VESSELS DISPENSING PETROLEUM PRODUCTS § 108.237 [Amended] § 95.15±5 [Amended] 87. In § 108.237(b), remove the word 74. In § 95.15–5— 80. The authority citation for part 105 ‘‘Integral’’, and add, in its place, the a. In paragraph (a) remove the words continues to read as follows: word ‘‘Independent’’. ‘‘(b) through (e)’’ and add, in their place, Authority: 33 U.S.C. 1321(j); 46 U.S.C. 88. In § 108.705(a), remove the word the words ‘‘(b) through (d)’’; 3306, 3703, 4502; 49 U.S.C. App. 1804; E.O. ‘‘hausers’’ and add, in its place, the

VerDate 22-SEP-99 10:47 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\A01OC0.013 pfrm01 PsN: 01OCR1 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53227 word ‘‘hawsers’’; and revise the heading § 133.175 Survival craft and rescue boat PART 153ÐSHIPS CARRYING BULK to read as follows: equipment. LIQUID, LIQUEFIED GAS, OR * * * * * COMPRESSED GAS HAZARDOUS § 108.705 Anchors, chains, wire rope, and hawsers. (b) Each rigid liferaft and rescue boat, MATERIALS unless otherwise stated in this * * * * * paragraph, must carry the equipment 102. The authority citation for part 153 continues to read as follows: PART 109ÐOPERATIONS specified for it in table 133.175 of this section. Each item in the table has the Authority: 46 U.S.C. 3703; 49 CFR 1.46. 89. The authority citation for part 109 same description as in § 199.175 of this Section 153.40 issued under 49 U.S.C. 5103. chapter. Sections 153.470 through 153.491, 153.1100 continues to read as follows: through 153.1132, and 153.1600 through Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, Note: Item numbers in the first column of 153.1608 also issued under 33 U.S.C. 6101, 10104; 49 CFR 1.46. Table 133.175 are not consecutive because 1903(b). not all of the items listed in section 199.175 § 109.431 [Amended] are required on OSVs. § 153.933 [Amended] 90. In § 109.431(b), remove the words * * * * * 103. In § 153.933, in the NOTE, ‘‘46 U.S.C. 201’’ and add, in their place, immediately following paragraph (a)(4), PART 147ÐHAZARDOUS SHIPS' the words ‘‘46 U.S.C. 11301’’. remove the words ‘‘6500 Glenway Ave., STORES Cincinnati, OH 45211–4438’’ and add, PART 118ÐFIRE PROTECTION in their place, the words ‘‘1330 Kemper 97. The authority citation for part 147 EQUIPMENT Meadow Drive, Cincinnati, OH 45240– continues to read as follows: 1634’’. 91. The authority citation for part 118 Authority: 46 U.S.C. 3306; E.O. 12234, 45 continues to read as follows: FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR PART 160ÐLIFESAVING EQUIPMENT 1.46. Authority: 46 U.S.C. 2103, 3306; E.O. 104. The authority citation for part 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 98. In § 147.7(c), revise the entry for 160 continues to read as follows: 277; 49 CFR 1.46. ‘‘American Boat and Yacht Council, Inc. (ABYC)’’ to read as follows: Authority: 46 U.S.C. 2103, 3306, 3703, and § 118.400 [Amended] 4302; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46. 92. In § 118.400(d), remove the word § 147.7 Incorporation by reference. ‘‘grills’’ and add, in its place the word * * * * * 105. In § 160.010–1, revise the ‘‘griddles’’. (c) * * * heading to read as follows: PART 125ÐGENERAL American Boat and Yacht Council, Inc. § 160.010±1 Incorporation by reference. (ABYC), * * * * * 93. The authority citation for part 125 3069 Solomons Island Road, Edgewater, MD 106. In § 160.021–1, revise the continues to read as follows: 21037 heading to read as follows: * * * * * Authority: 46 U.S.C. 2103, 3306, 3307; 49 § 160.021±1 Incorporation by reference. U.S.C. App. 1804; 49 CFR 1.46. PART 151ÐBARGES CARRYING BULK * * * * * 94. In § 125.180(b), revise the LIQUID HAZARDOUS MATERIAL 107. In § 160.022–1, revise the headings and addresses for ‘‘American CARGOES heading to read as follows: Society of Mechanical Engineers (ASME)’’ and ‘‘Institute of Electrical and 99. The authority citation for part 151 § 160.022±1 Incorporation by reference. Electronics Engineers (IEEE)’’ to read as continues to read as follows: * * * * * follows: Authority: 33 U.S.C. 1903; 46 U.S.C. 3703; 108. In § 160.023–1, revise the 49 CFR 1.46. heading to read as follows: § 125.180 Incorporation by reference. 100. In § 151.01–2(b), revise the § 160.023±1 Incorporation by reference. * * * * * heading and address for ‘‘American (b) * * * * * * * * Society of Mechanical Engineers’’ to 109. In § 160.024–1, revise the American Society of Mechanical Engineers read as follows: heading to read as follows: (ASME) International § 151.01±2 Incorporation by reference. Three Park Avenue, New York, NY 10016– § 160.024±1 Incorporation by reference. 5990. * * * * * * * * * * * * * * * (b) * * * 110. In § 160.037–1, revise the heading to read as follows: Institute of Electrical and Electronics American Society of Mechanical Engineers Engineers (IEEE) (ASME) International § 160.037±1 Incorporation by reference. IEEE Service Center, 445 Hoes Lane, Three Park Avenue, New York, NY 10016– * * * * * 5990 Piscataway, NJ 08855. 111. In § 160.040–1, revise the * * * * * * * * * * heading to read as follows: § 151.50±73 [Amended] PART 133ÐLIFESAVING EQUIPMENT § 160.040±1 Incorporation by reference. 101. In § 151.50–73, in the NOTE, * * * * * 95. The authority citation for part 133 immediately following paragraph (a)(4), continues to read as follows: remove the words ‘‘6500 Glenway Ave., § 160.048±1 [Amended] Authority: 46 U.S.C. 3306; 49 CFR 1.46. Cincinnati, OH 45211–4438’’ and add, 112. In § 160.048–1(c), remove the in their place, the words ‘‘1330 Kemper words ‘‘United States Coast Guard, 96. In § 133.175, revise paragraph (b) Meadow Drive, Cincinnati, OH 45240– Washington, DC 20591’’ and add, in introductory text to read as follows: 1634’’. their place, the words ‘‘U.S. Coast

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Guard, 2100 Second Street, SW., Pfingsten Road, Northbrook, Illinois § 169.115 [Amended] Washington, DC 20593–0001’’. 60062’’ and add, in their place, the 130. In § 169.115— words ‘‘(UL), 12 Laboratory Drive, a. In paragraph (c)(1), remove the § 160.049±1 [Amended] Research Triangle Park, NC 27709– words ‘‘P.O. Box 806, 190 Ketchum 113. In § 160.049–1(c), immediately 3995’’. Ave., Amityville, NY 11701’’ and add, following the words ‘‘U.S. Coast in their place, the words ‘‘3069 Guard’’, add the words ‘‘2100 Second § 162.050±5 [Amended] Solomons Island Road, Edgewater, MD Street SW., Washington, DC 20593– 123. In § 162.050–5, remove the words 21037’’; and 0001,’’. ‘‘or 100 p.p.m.’’ in (a) introductory text; b. In paragraph (c)(5), remove the 114. Revise § 160.050–1 to read as and in paragraph(a)(5), remove the words ‘‘Underwriters Laboratories, 333 follows: number ‘‘§ 111.05–5(d)’’ and add, in its Pfingsten Road, Northbrook, IL 60062’’ place, the number ‘‘§ 110.25–1’’. § 160.050±1 Incorporation by reference. and add, in their place, the words ‘‘Underwriters Laboratories, Inc. (UL), (a) Standard. This subpart makes § 162.050±7 [Amended] 12 Laboratory Drive, Research Triangle reference to Federal Standard No. 595- 124. In § 162.050–7, remove Park, NC 27709–3995’’. Colors in § 160.050–3. paragraph (h)(2) and redesignate (b) Copies on file. The Federal paragraphs (h)(3) through (h)(6) as (h)(2) PART 177ÐCONSTRUCTION AND Standard may be obtained from the through (h)(5) respectively. ARRANGEMENT Business Service Center, General Services Administration, Washington, PART 167ÐPUBLIC NAUTICAL 131. The authority citation for part DC 20407. SCHOOL SHIPS 177 continues to read as follows: 115. In § 160.057–1, revise the Authority: 46 U.S.C. 2103, 3306; E.O. heading to read as follows: 125. The authority citation for part 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 167 continues to read as follows: 277; 49 CFR 1.46. § 160.057±1 Incorporation by reference. Authority: 46 U.S.C. 3306, 6101, 8105; E.O. * * * * * 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. § 177.410 [Amended] 116. In § 160.171–3, revise the 277; 49 CFR 1.46 132. In § 177.410(c)(1), remove the heading to read as follows: words ‘‘type grilles’’ and add, in their § 167.15±25 [Amended] place, the word ‘‘griddles’’. § 160.171±3 Incorporation by reference. 126. In § 167.15–25(a), remove the * * * * * words ‘‘American Bureau of Shipping, PART 181ÐFIRE PROTECTION 117. In § 160.174–3(a), remove the New York, N.Y.’’ and add, in their EQUIPMENT word ‘‘(G–MMS–4)’’ and add, in its place, the words ‘‘American Bureau of 133. The authority citation for part place, the word ‘‘(G–MSE–4)’’; and Shipping (ABS), Two World Trade 181 continues to read as follows: revise the heading to read as follows: Center—106th Floor, New York, NY 10048.’’. Authority: 46 U.S.C. 2103, 3306; E.O. § 160.174±3 Incorporation by reference. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. * * * * * § 167.20±1 [Amended] 277; 49 CFR 1.46. 127. In § 167.20–1(a), remove the § 181.400 [Amended] PART 161ÐELECTRICAL EQUIPMENT words ‘‘American Bureau of Shipping, 134. In § 181.400(d), remove the word 118. The authority citation for part New York, N.Y.’’ and add, in their ‘‘grills’’ and add, in its place, the word 161 continues to read as follows: place, the words ‘‘American Bureau of ‘‘griddles’’. Shipping (ABS), Two World Trade Authority: 46 U.S.C. 3306, 3703, 4302; E.O. Center—106th Floor, New York, NY PART 189ÐINSPECTION AND 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 10048.’’. 277; 49 CFR 1.46. CERTIFICATION § 167.40±1 [Amended] § 161.002±18 [Amended] 135. The authority citation for part 128. In § 167.40–1— 189 continues to read as follows: 119. In § 161.002–18(d)(2), remove the a. In paragraph (a)(3), remove the word ‘‘(b)’’ and add, in its place, the Authority: 33 U.S.C. 1321(j); 46 U.S.C. words ‘‘American Institute of Electrical word ‘‘(a)(4)’’. 2113, 3205, 3306; E.O. 12234, 45 FR 58801, Engineers’’ and add, in their place, the 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 PART 162ÐENGINEERING words ‘‘Institute of Electrical and FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR EQUIPMENT Electronic Engineers, Inc. (IEEE)’’; and 1.46. b. In paragraph (a)(3), remove the 136. In § 189.60–15(a) and (b), remove 120. The authority citation for part words ‘‘American Institute of Electrical the word ‘‘Radiotelegraphy’’ and add, in 162 continues to read as follows: Engineers, New York, N.Y.’’ and add, in its place, the word ‘‘Radio’’; and revise Authority: 33 U.S.C. 1321(j) 1903; 46 their place, the words ‘‘Institute of the section heading to read as follows: U.S.C. 3306, 3703, 4104, 4302; E.O. 12234, 45 Electrical and Electronics Engineers, FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. Inc. (IEEE), IEEE Service Center, 445 § 189.60±15 Cargo Ship Safety Radio 11735, 38 FR 21243, 3 CFR, 1971–1975 Hoes Lane, Piscataway, NJ 08855.’’. Certificate. Comp., p. 793; 49 CFR 1.46. * * * * * PART 169ÐSAILING SCHOOL § 162.027±1 [Amended] VESSELS § 189.60±20 [Removed] 121. In § 162.027–1(a), immediately 137. Remove § 189.60–20. preceding the words ‘‘and is available 129. The authority citation for part from the sources indicated’’, add the 169 continues to read as follows: § 189.60±40 [Amended] number ‘‘20593–0001’’. Authority: 33 U.S.C. 1321(j); 46 U.S.C. 138. In § 189.60–40(c), remove the 3306, 6101; E.O. 11735, 38 FR 21243, 3 CFR, word ‘‘Radiotelegraphy’’ and add, in its § 162.050±4 [Amended] 1971–1975 Comp., p. 793; 49 CFR 1.45, 1.46; place, the word ‘‘Radio’’; and remove 122. In § 162.050–4(b)(1), remove the § 169.117 also issued under the authority of the words ‘‘and a Cargo Ship Safety words ‘‘Publications Stock, 333 44 U.S.C. 3507. Radiotelephony Certificate’’.

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PART 193ÐFIRE PROTECTION PART 199ÐLIFESAVING SYSTEMS § 199.20 [Amended] EQUIPMENT FOR CERTAIN INSPECTED VESSELS 147. In § 199.20(d)(2), remove the word ‘‘district’’ and add, in its place, the 143. The authority citation for part 139. The authority citation for part word ‘‘District’’. 193 continues to read as follows: 199 continues to read as follows: Authority: 46 U.S.C. 3306, 3703; 46 CFR § 199.30 [Amended] Authority: 46 U.S.C. 2213, 3102, 3306; E.O. 1.46. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 148. In § 199.30— 277; 49 CFR 1.46. § 199.03 [Amended] a. In the definition of Approved, remove the word ‘‘Approved’’ and add, 144. In § 199.03(b)(5), remove the 140. In § 193.01–3(b), revise the in its place, the words ‘‘Approved word ‘‘immersions’’ and add, in its heading and address for ‘‘National Fire lifesaving appliance’’. place, the word ‘‘immersion’’. b. In the definition of Major character, Protection Association (NFPA)’’ to read 145. In § 199.05(b), revise the entry for remove the word ‘‘(G–MCO)’’ and add, as follows: Resolution A. 760(18), under in its place, the word ‘‘(G–MOC)’’; ‘‘International Maritime Organization § 193.01±3 Incorporation by reference. c. In the definition of Officer in (IMO)’’ to read as follows: * * * * * Charge, Marine Inspection (OCMI), (b) * * * § 199.05 Incorporation by reference. remove the word ‘‘guard’’ and add, in its * * * * * place, the word ‘‘Guard’’; and National Fire Protection Association (NFPA) (b) * * * d. Move the definition of Seagoing 1 Batterymarch Park, Quincy, MA 02269– condition, immediately following the International Maritime Organization (IMO) 9101. definition of Rivers, to immediately * * * * * * * * * * follow the definition of Scientific Resolution A.760(18), Symbols Re- 199.70; personnel. PART 197ÐGENERAL PROVISIONS lated to Life-saving Appliances 199.90 and Arrangements, 17 November § 199.175 [Amended] 141. The authority citation for part 1993. 149. In § 199.175— 197 continues to read as follows: * * * * * a. Remove paragraph (b)(21)(ii), and redesignate paragraph (b)(21)(i)(D) as Authority: 33 U.S.C. 1509; 43 U.S.C. 1333; § 199.10 [Amended] paragraph (b)(21)(ii); 46 U.S.C. 3306, 3703, 6101; 49 CFR 1.46. 146. In § 199.10— b. Redesignate paragraphs § 197.482 [Amended] a. In paragraph (g)(3), remove the (b)(21)(i)(E), (F), and (G) as paragraphs numbers ‘‘(f)(2) and (3)’’ and add, in (b)(21)(ii)(A), (B), and (C), and 142. In § 197.482, in the NOTE, their place, the numbers ‘‘(e)(2) and c. In table 199.175 revise entries 21 immediately following paragraph (e), (3)’’; and and 37 to read as follows: remove the words ‘‘R.S. 4290 (46 U.S.C. b. In paragraph (h)(1)(iv), remove the 201)’’ and ‘‘R.S. 4291 (46 U.S.C. 202)’’ numbers ‘‘(i)(1)(ii) and (i)(1)(iii)’’ and § 199.175 Survival craft and rescue boat and add, in their places, the words ‘‘46 add, in their place, the numbers equipment. U.S.C. 11301’’ and ‘‘46 U.S.C. 11302’’. ‘‘(h)(1)(ii) and (h)(1)(iii)’’. * * * * *

TABLE 199.175.ÐSURVIVAL CRAFT EQUIPMENT

International voyage Short-international voyage Item No. Item Rigid life Rigid life Lifeboat raft (SOLAS Rescue Lifeboat raft (SOLAS Rescue A pack) boat B pack) boat

******* 21 ...... Painter ...... 2 1 1 2 1 1

******* 37 ...... Thermal protective aids 9 ...... 10% 10% 10% 10% 10% 10%

*******

§ 199.200 [Amended] § 199.260 [Amended] b. In paragraph (e), remove the 150. In § 199.200, remove the number 152. In § 199.260, remove the number number ‘‘§ 199.150(b)’’ and add, in its place, the number ‘‘§ 199.150(c)’’. ‘‘§ 199.10(f)’’ and add, in its place, the ‘‘§ 199.10(g)’’ and add, in its place, the 154. In § 199.610— number ‘‘§ 199.10(e)’’. number ‘‘§ 199.10(f)’’. a. In table 199.610(b), in the Note to § 199.220 [Amended] § 199.280 [Amended] the table, remove the word ‘‘Exept’’ and add, in its place, the word ‘‘Exempt’’; 151. In § 199.220, in paragraph (a)(2), 153. In § 199.280— b. In paragraph (c), remove the words remove the number ‘‘§ 199.130(b)(4)’’ a. In paragraph (b), remove the ‘‘operating in coastwise; Great Lakes; and add, in its place, the number number ‘‘§ 199.130(b)(4)’’ and add, in its lakes, bays, and sounds; and river ‘‘§ 199.130(c)(4)’’. place, the number ‘‘§ 199.130(c)(4)’’; and service’’; and

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c. In the table 199.610(a) revise the entry for 199.175 to read as follows: § 199.610 Exemptions for vessels in specified services.

(a) * * *

TABLE 199.610(a).ÐEXEMPTIONS FOR ALL VESSELS IN SPECIFIED SERVICES

Service Section or paragraph in this part Lakes, bays, Coastwise Great Lakes and sounds Rivers

******* 199.175(b)(21)(i)(G) or 199.640(j)(4)(iii)(E): Float-free link ...... (6) (6) (6) (6)

*******

Dated: September 20 1999. will undergo a record check and the Licenses, Certificates of Registry, and Joseph J. Angelo, Coast Guard therefore cannot charge a Merchant Mariner Documents. The Acting Assistant Commandant for Marine fee for this part of the application rulemaking changed merchant mariner Safety and Environmental Protection. process. As published in the final rule, licensing and documentation fees based [FR Doc. 99–25058 Filed 9–30–99; 8:45 am] fees for original documents need to be on the latest cost recalculations. The BILLING CODE 4910±15±P corrected to remove the charge for evaluation fees for: criminal record checks. • Original License, Upper Level; EFFECTIVE DATE: This correction is • Original License, Lower Level; DEPARTMENT OF TRANSPORTATION effective October 4, 1999. • Original Radio Officer License; ADDRESSES: The public docket for this • Original Certificate of Registry Coast Guard rulemaking is maintained at the Docket (MMD holder); • 46 CFR Parts 10 and 12 Management Facility, (USCG–1997– Original Certificate of Registry 2799), U.S. Department of (MMD applicant); [USCG±1997±2799] Transportation, room PL–401, 400 • Original Merchant Mariner Seventh Street SW., Washington DC Document without endorsement; and * RIN 2115±AF49 20590–0001. You may access docket Original Merchant Mariner Document materials at the facility or over the with endorsement included a charge for User Fees for Licenses, Certificates of Internet at http://dms.dot.gov. Registry, and Merchant Mariner criminal record checks. This correction FOR FURTHER INFORMATION CONTACT: For Documents; Correction removes that charge from the evaluation questions on this rule, contact CDR fees for original documents. AGENCY: Coast Guard, DOT. David Skewes, U.S. Coast Guard Correction of Publication ACTION: Final rule; correction. Headquarters, Office of Planning and Resources (G–MRP), telephone 202– Accordingly, the publication on SUMMARY: The Coast Guard has revised 267–0785. For questions on viewing, or August 5, 1999, of the final rule (USCG– its application processing requirements submitting material to the docket, 1997–2799), which is the subject of FR for original licenses, certificates of contact Dorothy Walker, Chief, Dockets, Doc. 99–20037, is corrected as follows: registry, and merchant mariner Department of Transportation, § 10.109 [Corrected] documents and no longer does a telephone 202–366–9329. criminal record check on all original SUPPLEMENTARY INFORMATION: On August 1. On page 42815, TABLE 10.109— applications. The new policy does not 5, 1999, the Coast Guard published a FEES should read as follows: specifically identify which applications final rule entitled ‘‘User Fees for * * * * *

TABLE 10.109ÐFEES

And you needÐ If you apply forÐ EvaluationÐthen the fee ExaminationÐthen the IssuanceÐthen the fee isÐ fee isÐ isÐ

License: Original: Upper level ...... $100 $110 $45 Lower level ...... 100 95 45 Raise of grade ...... 100 45 45 Modification or removal of limitation or scope ...... 50 45 45 Endorsement ...... 50 45 45 Renewal ...... 50 45 45 Renewal for continuity purposes ...... n/a n/a 45 Reissue, Replacement, and Duplicate n/a n/a 1 45 Radio Officer License: Original ...... 50 n/a 45

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TABLE 10.109ÐFEESÐContinued

And you needÐ If you apply forÐ EvaluationÐthen the fee ExaminationÐthen the IssuanceÐthen the fee isÐ fee isÐ isÐ

Endorsement ...... 50 45 45 Renewal ...... 50 n/a 45 Renewal for continuity purposes n/a n/a 45 Reissue, Replacement, and Duplicate ...... n/a n/a 1 45 Certificate of Registry: Original (MMD holder) ...... 90 n/a 45 Original (MMD applicant) ...... 105 n/a 45 Renewal ...... 50 n/a 45 Renewal for continuity purposes ...... n/a n/a 45 Endorsement ...... n/a n/a 45 Reissue, Replacement, and Duplicate ...... n/a n/a 1 45 STCW Certification: Original ...... No fee No fee No fee. Renewal ...... No fee No fee No fee. 1 Duplicate for document lost as result of marine casualtyÐNo Fee.

* * * * * § 12.02±18 [Corrected] 2. On page 42816, TABLE 12.02–18– FEES should read as follows: * * * * *

TABLE 12.02±18ÐFEES

And you needÐ If you apply forÐ EvaluationÐ Examina- IssuanceÐ Then the fee tionÐThen Then the fee isÐ the fee isÐ isÐ

Merchant Mariner Document: Original: Without endorsement ...... $95 ...... n/a ...... $45. With endorsement ...... $95 ...... $140 ...... $45. Endorsement for qualified rating ...... $95 ...... $140 ...... $45. Upgrade or Raise in Grade ...... $95 ...... $140 ...... $45. Renewal without endorsement for qualified rating ...... $50 ...... n/a ...... $45. Renewal with endorsement for qualified rating ...... $50 ...... $45 ...... $45. Renewal for continuity purposes ...... n/a ...... n/a ...... $45. Reissue, Replacement, and Duplicate ...... n/a ...... n/a ...... $45.1 STCW Certification: Original ...... No fee ...... No fee ...... No fee. Renewal ...... No fee ...... No fee ...... No fee. Other Transactions: Duplicate Continuous Discharge Book ...... n/a ...... n/a ...... $10. Duplicate record of sea service ...... n/a ...... n/a ...... $10. Copy of certificate of discharge ...... n/a ...... n/a ...... $10. 1 Duplicate for document lost as result of marine casualtyÐNo Fee.

Dated: September 15, 1999. FEDERAL COMMUNICATIONS ACTION: Final rule. R.C. North, COMMISSION Assistant Commandant for Marine Safety and SUMMARY: In this document the Environmental Protection. 47 CFR Part 1, 13, 22, 80, 87, 90, 95, Commission disposes of several 97, and 101 [FR Doc. 99–25546 Filed 9–30–99; 8:45 am] petitions for reconsideration and BILLING CODE 4910±15±U clarifies its licensing rules into a single [WT Docket No. 98±20; WT Docket No. 96± set of rules for all wireless radio 188; RM±8677; RM±9107; FCC 99±139] services. The Commission further Facilitate the Development and Use of establishes a streamlined set of rules the Universal Licensing System in the that minimizes filing requirements; Wireless Telecommunications eliminates redundant, inconsistent, or Services unnecessary submission requirements; and assures ongoing collection of AGENCY: Federal Communications reliable licensing and ownership data. Commission.

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DATES: Effective November 30, 1999, established procedures to ensure a Commission staff has resolved the except for §§ 22.529(c), 22.709(f), smooth transition from our pre-existing problem. 22.803(c), and 22.929(d) which contain licensing processes to the processes 2. Copy Requirements for Manually modified information collection developed for ULS. We received eight Filed Forms requirements that have not been petitions for reconsideration addressing approved by the Office of Management various aspects of the ULS R&O. Four Background. A petitioner requested and Budget. The Commission will parties filed comments on the petitions that the requirement of a copy for publish a document announcing the and four parties filed reply comments. manually filed applications be effective date of these sections in the In this order, we substantially uphold eliminated so that only the original need Federal Register. Written comments by the decisions made in the ULS R&O, but be submitted. the public on the modified information we make certain revisions and Discussion. We believe that requiring collections are due November 1, 1999. clarifications to our rules in response to an original plus a copy of manually filed Written comments must be submitted by the petitions and on our own motion. applications will minimize the risk of OMB on the information collections on losing or misplacing the application or before November 30, 1999. II. Discussion before it is scanned into ULS, because ADDRESSES: Federal Communications A. Electronic Filing Issues the original will be on file while the Commission, Office of the Secretary, copy is scanned. 1. Electronic Filing Deadlines 445 Twelfth Street, SW, TW–A325, 3. Transition Period for Filing of Pre- Washington, DC 20554. Background. In the ULS R&O, we ULS Forms FOR FURTHER INFORMATION CONTACT: Don concluded that all applicants and Background. In the ULS R&O we Johnson, Policy and Rules Branch, licensees in auctionable services and in determined that use of pre-ULS forms Commercial Wireless Division, Wireless common carrier services that are not would be allowed for six months after Telecommunications Bureau, at (202) subject to auction because they operate the effective date of the ULS rules 418–7240; Jamison Prime or Karen on shared spectrum would be required adopted in the ULS R&O. The ULS rules Franklin, Policy and Rules Branch, to file applications electronically as of became effective on February 12, 1999. Public Safety and Private Wireless (1) July 1, 1999, or (2) six months after As a result, the six month transition Division, Wireless Telecommunications the conversion of the particular service period for use of pre-ULS forms expires Bureau, at (202) 418–0871. to ULS, whichever is later. on August 12, 1999. However, under the SUPPLEMENTARY INFORMATION: This Discussion. We recognize that current ULS deployment schedule, Memorandum Opinion and Order on converting to electronic filing poses some wireless services will not be Reconsideration in WT Docket No. 98– technical challenges for filers, and we converted from their ‘‘legacy’’ licensing 20, WT Docket No. 96–188, RM–8677, provide a six month transition period databases to ULS until after this date. and RM–9107 adopted June 10, 1999 during which filers can test their ability Discussion. We conclude that the and released June 28, 1999, is available to file electronically in ULS before transition period during which for inspection and copying during mandatory electronic filing takes effect. applicants may continue to file pre-ULS normal business hours in the FCC We do not believe that a blanket 24-hour forms should be extended for those Reference Center, 445 Twelfth Street, grace period is in the public interest. We services that have not yet been SW, Washington, DC. The complete text also disagree with the presumption converted to ULS. Therefore, on our may be purchased from the underlying the grace period concept that own motion, we amend our rules to Commission’s copy contractor, most technical difficulties are in fact allow the filing of pre-ULS forms until International Transcription Service, beyond the applicants’ control. (1) August 12, 1999, or (2) six months Inc., 1231 20th Street, NW, Washington, Applicants can minimize the risk of after the service is converted to ULS, DC 20036 (202) 857–3800. The unexpected last-minute technical whichever is later. document is also available via the difficulties with electronic filing by internet at http://www.fcc.gov/Bureaus/ testing equipment and software in B. Standardization of Practices and Wireless/Orders/1999/index.html. advance, familiarizing themselves with Procedures for WTB Applications and Authorizations Synopsis of Memorandum Opinion and the electronic filing process, and Order on Reconsideration preparing to file far enough in advance 1. Amendments to Applications of the deadline to deal with technical I. Introduction Background. A petitioner asked for problems that may occur. Applicants clarification of section 1.927 of the In this Memorandum Opinion and can consult with the Commission’s ULS Commission’s rules, as amended by the Order on Reconsideration (MO&O) we technical support staff at 202–414–1250 ULS R&O, regarding amendments of address petitions for reconsideration of at any time during normal business pending applications. our Report and Order, 63 FR 68904 hours. Discussion. We clarify that applicants (December 14, 1998) in the Universal We recognize that there may be can amend their applications as a matter Licensing proceeding (ULS R&O). The instances where an applicant exercises of right as long as the application has ULS R&O, adopted on September 17, diligence in preparing to file not been listed on a public notice for a 1998, established consolidated and electronically, but nonetheless competitive bidding process and is not streamlined rules governing license encounters technical difficulties that are subject to any of the remaining application procedures for the Universal truly beyond its control. We believe that exceptions in section 1.927. Licensing System (ULS), the such situations are better handled on a Commission’s automated licensing case-by-case basis by waiver rather than 2. Frequency Coordination of Minor system and integrated database for by means of a blanket rule. In those Amendments/Modifications wireless services. The ULS R&O also instances where applicants are unable to Background. In certain part 90 and adopted new consolidated application file electronically because of a technical part 101 services, frequency forms to enable all wireless licensees problem with the Commission’s own coordination is required of applicants or and applicants to file applications electronic filing system, we will extend licensees prior to filing certain electronically in ULS. In addition, we filing deadlines as needed until the applications, major amendments to

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Finally, if a corrected after license expiration will be subject to comply with the same frequency application includes changes that stricter review and will not be granted coordination requirements. We also constitute major amendments, it will be routinely and may be accompanied by specified in part 1 that amendments to governed by our major amendment rule enforcement action including more applications or modifications to licenses and treated as a new application with a significant fines or forfeitures. that require prior coordination are new filing date. 5. Assignments of Authorization and defined as major changes for filing 4. Discontinuation of ‘‘Reinstatement’’ Transfers of Control purposes. Two petitioners asked for Applications clarification or reconsideration of our Background. One petitioner argued rules relating to frequency coordination Background. In the ULS R&O, we that the Commission should eliminate for certain technical changes in the eliminated reinstatement procedures in the need for wireless licensees to file fixed microwave services that are those wireless services that allowed public interest statements as exhibits to defined as minor under section 1.929. licensees who failed to file a timely applications for assignment of license or Discussion. Section 101.103(d) of our renewal application to request transfer of control. rules sets forth coordination reinstatement of the expired license. Discussion. Our ULS rules do not requirements for changes to microwave One petitioner asked for reconsideration require a public interest statement to be systems. The only change we have of this decision, and proposed that we attached to assignment or transfer implemented in this procedure in the apply a 30-day reinstatement window to applications, nor is there such a ULS R&O was to eliminate the all wireless licenses. requirement on FCC Form 603. In some requirement previously contained in Discussion. We emphasize that the instances, such as transfers or section 101.103(d) that in the case of licensee is fully responsible for knowing assignments that have competitive minor amendments, the coordination the term of its license and filing a timely implications or involve designated process must be completed prior to the renewal application. In addition, as we entities, we have required applicants to filing of the amendment. However, a stated in the ULS R&O, ULS will send provide a public interest statement microwave applicant or licensee out reminder letters to licensees 90 days because additional information is proposing a minor technical change prior to the renewal deadline. needed for the Commission to make a must still coordinate as required by the Our treatment of late-filed renewal determination under section 310(d) of rule prior to implementing the change. applications will take into consideration the Act that the proposed transfer or the complete facts and circumstances assignment is in the public interest. 3. Returns and Dismissals of Incomplete involved, including the length of the or Defective Applications delay in filing, the performance record 6. Use of Taxpayer Identification Background. In the ULS R&O, we of the licensee, the reasons for the Numbers adopted a single consolidated rule failure to timely file, and the potential Background. In the ULS R&O, we concerning dismissal of applications consequences to the public if the license required all ULS applicants and and established a uniform policy were to terminate. In instances where a licensees to register their Taxpayer regarding return of applications for renewal application is late-filed up to 30 Identification Numbers (TINs) with the correction and refiling by the applicant. days after the expiration date of the Commission through ULS. In the case of Under section 1.934, the Commission license, denial of the renewal auctionable services, we also required may dismiss any defective application, application and termination of the applicants and licensees to provide TIN but we also retain the discretion to licensee’s operations would be too harsh information for attributable return an application for correction if a result in proportion to the nature of interestholders as defined in section circumstances warrant. We stated that the violation. At the same time, we 1.2112(a) of the rules. Attributable applicants receiving returned believe that some sanction is warranted interestholders are defined as any applications would have 30 days from for late filing of renewal applications, person or entity who holds a direct or the date of the Commission’s return even if the late filing is inadvertent and indirect interest in the applicant/ letter to correct the defect and refile the the length of delay is not significant. We licensee of 10 percent or greater, or any application, unless the return letter will handle late-filed renewal other person or entity who exercises specified a shorter period. One applications as follows: If a renewal actual control of the applicant/licensee. petitioner asked for reconsideration of application is late-filed up to 30 days Several petitioners asked for the 30 day standard. after the license expiration date in any reconsideration of our requirement to Discussion. We conclude that a 60 day wireless service, and the application is disclose the TINs of attributable period is more reasonable. We will also otherwise sufficient under our rules, we interestholders. Applicants and apply this policy to returns in all will grant the renewal nunc pro tunc. licensees are required by the Debt wireless services, including non- The Wireless Bureau, after reviewing all Collection Improvement Act (DCIA) to coordinated services. However, we take facts and circumstances concerning the submit their TINs to the Commission. this opportunity to reiterate several late filing of the renewal application, Petitioners contend that any collection aspects of our dismissal and return may, in its discretion, also initiate of TIN information from persons or policy. First, in conjunction with the enforcement action against the licensee entities other than the licensee or deployment of ULS, the Wireless for untimely filing and unauthorized applicant itself is beyond the scope of Telecommunications Bureau (Bureau) operation between the expiration of the the DCIA. A petitioner contends that the has announced uniform standards for license and the late renewal filing, TIN collection requirement is overbroad dismissal of defective applications that including, if appropriate, the imposition because it will require officers and will reduce the number of applications of fines or forfeitures for these rule directors of a licensee to submit their that are returned rather than dismissed violations. Applicants, who file renewal individual Social Security numbers

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(SSNs). Similarly, an amateur radio clarify, however, that the TIN disclosure ownership information. We will remove licensee asked for reconsideration of the requirement does not extend to officers section 22.953(a)(5) as requested. requirement that Amateur Radio or directors that hold no attributable d. Revised Section 22.165(e) applicants and licensees provide their ownership interest and do not otherwise SSNs to the Commission. exercise personal control over the Background/Discussion. One Discussion. We disagree with the licensee. In the absence of one or both petitioner asserted that we revised contention that the DCIA authorizes the of these factors, we do not believe that section 22.165(e) in such a way as to collection of only applicant and licensee status as an officer or director per se make a substantive rule change limiting TINs. Congress enacted the DCIA as part brings the individual within the scope the circumstances in which a cellular of an effort to increase the government’s of the DCIA, just as it is not a sufficient licensee may enter into a contract effectiveness in collecting debt from interest to require disclosure under extension with a neighboring licensee to private entities. The DCIA requires all section 1.2112(a). One petitioner also add transmitters with contours that persons ‘‘doing business’’ before a sought relief from the TIN disclosure extend beyond the licensee’s CGSA. We Federal agency to provide a TIN as a requirement with respect to attributable made no substantive changes to the rule, condition to receiving governmental interestholders that are beyond the which still permits contract extensions benefits, regardless of whether fees are control of the applicant or licensee. We as it did prior to the ULS R&O. collected. The DCIA defines a person believe that requests for relief from this e. Mapping Requirements ‘‘doing business with a Federal Agency’’ rule are better handled on a case-by-case Background/Discussion. A petitioner as ‘‘an applicant for, or recipient of, a basis under our waiver rules. requested reconsideration of our Federal license, permit, right-of-way, Finally, we deny reconsideration of grant, or benefit payment administered decision to retain the requirement for the requirement that Amateur Radio filing maps until ULS’s mapping by the agency * * *.’’ We concluded applicants and licensees provide their that this definition extended to 10 software is available. We disagree with SSNs to the Commission. We have the proposal to eliminate the filing of percent or greater interestholders in the determined that Amateur applicants and applicant because these parties are maps immediately. The primary licensees are not exempt from the TIN purpose of maintaining a file of up to treated as akin to the applicant for disclosure requirement. purposes of our ownership disclosure date CGSA maps is to provide a quick requirements. C. Collection of Licensing and Technical and easy way for interested parties and We continue to believe that both the Data the public to determine the availability of unserved areas in a particular cellular letter and the spirit of the DCIA require 1. Public Mobile Radio Service Data collection of TIN information beyond market. The only time full size paper Requirements the applicant/licensee level. We also maps must be filed with the affirm our decision to extend the TIN In the ULS R&O, we streamlined Commission is when there is a change reporting requirement for auctionable many of our rules to reduce the burden to a licensee’s CGSA in connection with services to all 10 percent or greater on applicants and licensees providing the licensee’s system information interestholders in the applicant or licensing and technical data for update (SIU) at the conclusion of its licensee, as defined in section 1.2112(a). commercial services. five-year initial build-out of an MSA or RSA, or a Phase II application. At this With or without control, persons or a. Site-based vs. Geographic-based entities with a 10 percent or greater time, the Commission is not prepared to Licensing interest in an applicant or licensee have set a date certain as to the availability a significant stake in the venture and Background/Discussion. One of the ULS mapping program. The reap substantial benefits from the award petitioner argued that the ULS R&O was Bureau will issue a Public Notice when of the license. We believe it is ambiguous as to whether cellular would the new ULS mapping utility is online reasonable for DCIA purposes to regard be classified in ULS as a site-specific and cellular licensees and applicants no persons and entities that hold an service, a geographically licensed longer need to file maps. The ULS attributable interest in an applicant or service, or a ‘‘hybrid’’ of the two. We mapping program will not rely on SIU licensee as ‘‘doing business’’ with the clarify that we did not intend to place filings, but ULS will use the most Commission. any additional requirements on cellular current technical data in the ULS We also clarify certain elements of the other than those enunciated in the rules. database, whether from the database TIN requirement. One petitioner argues correction letters filed in 1998 or b. Construction Notification that officers and directors of a subsequent application filings, to corporation should not be required to Background/Discussion. One determine a CGSA in the ULS mapping provide SSNs, because they are not petitioner noted that the revised section program. personally liable for corporate debts and 1.946(d) required a licensee to notify the fall outside the scope of the DCIA. We Commission of the completion of f. Antenna Pattern Information disagree with the contention that construction within 15 days of the Background. In the ULS R&O we disclosure of individual officer or ‘‘expiration of the applicable eliminated the requirement that Part 22 director SSNs is necessarily beyond the construction or coverage period.’’ We paging licensees submit data concerning scope of the DCIA. In circumstances amend our part 22 rules to clarify that antenna type, model, and manufacturer where a director or officer is an the notification requirements are to the Commission. We amended our attributable interestholder in the governed by section 1.946 of our rules. rules to require Part 22 licensees to licensee (by virtue of holding a 10 maintain this information in their percent or greater ownership interest) or c. Phase II Applications—Ownership station records and to produce it to otherwise personally exercises control Information other licensees or applicants upon over the licensee, the officer or director Background/Discussion. One request. On February 12, 1999, Timothy must be identified under section petitioner also sought elimination of E. Welch dba Hill & Welch (Welch) filed 1.2112(a) of the rules. We conclude that section 22.953(a)(5) of the Commission’s a petition for review of the ULS R&O in it meets the DCIA definition of a person rules, which requires that cellular the United States Court of Appeals for ‘‘doing business’’ before the agency. We unserved area applicants provide the District of Columbia Circuit. Welch

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One petitioner requests Request) in reference to the Electronic file a petition for reconsideration on this clarification that point-to-point Filing of License Renewal and issue, the Commission addresses his microwave applicants do not need to Modification Applications in the petition for review on our own motion. specify a geographic area of operation Amateur Radio Service Order requesting Welch overstates the relevance of on Form 601 because geographic area of that Volunteer Examiner Coordinators antenna type, model, and manufacturer service is not applicable to point-to- (VECs) not be allowed to charge fees for information to the determination of point operations. renewals or modification of amateur paging licensee service contours. Under licenses. With respect to fees for Discussion. Although Form 601 our paging rules adopted in the Part 22 renewals and modifications, this requires identification of the geographic Rewrite Order, 59 FR 59502 (1994), petitioner maintained that VECs may area of operation for certain services, we service contours are calculated based on only be reimbursed for out-of-pocket a formula that utilizes the transmitting clarify that this requirement does not expenses incurred in the examination antenna’s effective radiated power (ERP) apply to point-to-point microwave procedure. and height above average terrain services. Moreover, if an applicant Discussion. Modifications and (HAAT). Prior to 1994, the Commission electronically files an application for renewals performed by VECs do not fall used a different methodology to point-to-point microwave channels, the within the provisions governing VEC calculate service area contours that field requesting identification of reimbursement that apply to activities required licensees to provide more geographic area of operation will be related to conducting examinations for detailed information regarding each blocked automatically, preventing the amateur operator license applicants. transmitter, including technical antenna applicant from incorrectly entering Compensation, if any, the VEC information concerning antenna type information in the field. organization receives as a result of and model. However, when the 4. Amateur Radio Service Issues assisting with renewals and Commission replaced this approach modifications is a matter that is between with the formula-based approach of the a. Modifications to Amateur Application the Amateur operator choosing to use Part 22 Rewrite Order, 59 FR 59502 Form (Form 605) the organization’s services and the (1994), antenna type and model organization. Background. One petitioner requested information became irrelevant to the various changes to Form 605 including: c. Issuance of License Documents determination of service contours under (1) Provision of a short-form specifically the rules. Our decision to eliminate Background. One petitioner stated these technical filing requirements in for Amateur Radio; (2) Exclusion from that a legal and practical necessity still the ULS R&O simply recognized the fact the requirement to provide telephone exists for Amateur operators to receive that the Commission no longer required numbers and e-mail addresses; (3) a license document issued by the this information as part of the paging Exclusion from certifying compliance Commission. licensing process. Under the revised with section 5301 of the Anti-Drug Discussion. Amateur operators will rules, site-based paging applicants must Abuse Act of 1988; and (4) Clarification continue to receive a printed license still file other technical information of certain questions and instructions on generated by ULS shortly after their regarding their facilities, including ERP, Form 605, Schedule D. Another licensing data has been entered into the antenna height, and other information petitioner requested that Form 605 be ULS database. specified in section 22.529(c). modified to allow for inclusion of (1) d. Club Station Call Sign Administrators We conclude that in the few cases Additional information regarding certifications by Volunteer Examiner Background. One petitioner requested where antenna make and model several new rules concerning Club information may be required to resolve Coordinators (VECs), and (2) Information concerning where and Station Call Sign Administrators an interference dispute, the procedures (CSCSAs). adopted in the ULS R&O adequately when an examination for a new or upgraded license was administered. Discussion. We retain our current protect the interests of parties who may requirement that CSCSAs retain require this information. These Discussion. We believe the Form 605 application information for 15 months, procedures require Part 22 licensees to will provide for fast and easy filing by which is the same requirement retain technical antenna information in Amateur applicants, particularly if they applicable to retention of such their station records and to produce it file electronically. Similarly, we believe information by VECs. We confirm that to other parties within ten days of a it is reasonable to request that Amateur assignment of call signs to club stations request. applicants provide a telephone number will be based on the sequential call sign and e-mail address. We clarify, 2. Service Code Classification of Private system used by all Amateur operators. however, that the provision of telephone Land Mobile Services and e-mail information by Amateur e. Other Amateur Issues Background. One petitioner suggested Radio applicants is optional as long as Background. One petitioner requested the Commission establish a new Public they provide a valid U.S. mailing that (1) United States citizens who are Service Pool and corresponding service address. We will also modify the Form also citizens of other countries should codes for power and petroleum and 605 certification pertaining to the Anti- not receive reciprocal authorization and railroad services and other critical Drug Abuse Act to clarify that it does that a reciprocal licensee must be a infrastructure or public service entities. not apply to services, including citizen of the country which issued the Discussion. Retention of service codes Amateur Radio, that are exempted from basic amateur radio license; (2) eliminated in the Refarming Second this requirement under section 1.2002(c) Clarification of various operating Report and Order or the creation of a of the rules. privileges; and (3) That all requirements

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Specifically, we should be eliminated. To remove any revise section 97.15 to conform it with misconceptions, we include in our rules d. Technical Issues Part 17 of the rules and to restore a rule a statement that limiting the use of a One petitioner asks that we update section that was inadvertently removed repeater to certain user stations is our rules to define a ‘‘channel pair.’’ by the ULS R&O. We also delete permissible. Repeater owners, as part of Under our ‘‘all-channel’’ usage plan, we language in sections 97.17 and 97.21 management of their GMRS systems, are clarify that a channel pair consists of regarding administering Volunteer free to decide what means of control, if one 462 MHz frequency and one 467 Examiner requirements that duplicates any, are necessary. We disagree with MHz frequency, and revise §§ 95.29(a) other rule sections. one commenter’s argument that removal and (b) to reflect this concept. We do of the points-of-communication rules not agree that a channel pair must 5. General Mobile Radio Service Issues pertaining to repeater use makes the consist of two channels exactly 5.000 In the ULS R&O, we adopted GMRS rules ‘‘in judicial MHz apart. numerous changes to the General noncompliance’’ with the U.S. Criminal GMRS users continue to have a Mobile Radio Service (GMRS) to Code. The commenter did not attempt to responsibility under § 95.7(a) of our eliminate rules that had become describe how the unauthorized use of a rules to ‘‘cooperate in the selection and duplicative or otherwise unnecessary to GMRS repeater satisfies the elements of use of channels to reduce interference our regulatory responsibilities, as well the crime described in the statue, nor and to make the most effective use of as to ensure that our streamlined how the statute places such a restriction the facilities,’’ Our new rules under licensing process collects the minimum on the Commission. § 95.29 support this policy by allowing information needed of GMRS licensees GMRS users the flexibility to select the and applicants. c. GMRS Licensing by Non-Personal best channel at any given time or place, On June 1, 1999, in response to Licensees and this flexibility is not intended to several petitions, we adopted a partial Under our GMRS rules, non- allow GMRS users to introduce stay order in which we determined that individual licensees (who would be practices that create additional it was in the public interest to stay the ineligible to obtain a license for a new interference or result in inefficient use effectiveness of our new rule, section GMRS system under our current rules) of spectrum to the detriment of other 95.29(e)—which restricts the use of the are allowed to maintain existing systems GMRS users. 462.675 MHz/467.675 MHz channel pair under ‘‘grandfathering’’ provisions, but The ULS R&O defined ‘‘repeater’’ to to traveler’s assistance and emergency are prohibited from modifying or clarify its meaning for GMRS licensees use—pending resolution of the expanding their operations beyond their and users with commonly accepted petitions. Also, as an initial matter, we current authorization. Our treatment of, GMRS terminology. One petitioner conclude that because the ‘‘repeater’’ and procedures with respect to, claims that our use of the term definition adopted in the ULS R&O ‘‘grandfathered’’ GMRS licensees have ‘‘simultaneously’’ excludes many describes the usage characteristics not changed. Section 95.5 of our Rules repeaters from our technical definition. outlined in the now-removed rule expressly prohibits grandfathered non- By ‘‘simultaneously,’’ we mean that the section describing mobile relay station individual GMRS licensees from making repeater initiates the retransmission of a communication points (§ 95.57) and major modifications to an existing communication at the same time it is limited by our rule describing available system license. To remove any possible still receiving that communication. We channels (§ 95.29), our definition is ambiguity, however, we add a cross- distinguish this from ‘‘instantaneous,’’ consistent with both our former rules reference in section 95.5 to section 1.92 by which we mean receipt and and current practice. and clarify the point that the major retransmission without delay. Stations modifications listed in the part 1 rules that cannot engage in simultaneous a. Channeling Plan apply to GMRS. receipt and retransmission of In the ULS R&O, we adopted an ‘‘all- We also take this opportunity to communications do not fall within the channel’’ usage plan, which authorized resolve a pending petition for definition of a ‘‘repeater’’ and thus may stations to transmit on any authorized rulemaking which had requested not use the channels designated for channel from any geographic location organizational licensing eligibility repeater use. The operation of stations where the FCC regulates under GMRS in order to support in this configuration is no different than communication, but restricted use of the disaster service organizations. the operation of any two other GMRS 462.675 MHz/467.675 MHz channel pair Organizational licensing had already stations transmitting on the same to emergency and traveler’s assistance been rejected in a 1988 restructuring of channel. Our rules sharply restrict use. Consistent with the actions we took GMRS, and the petition offered no GMRS communications from any in the PRSG Stay Order, FCC 99–129 additional basis for reconsidering that station, prohibiting, inter alia, (rel. June 9, 1999), we allow unrestricted decision. We dismiss the petition and communications intended for mass use of the of the 462.675 MHz/467.675 decline to alter the eligibility rules as media broadcast and messages to MHz channel pair by all eligible GMRS adopted in the ULS R&O. amateur stations. licensees. We conclude that allowing One petitioner suggests that FCC In the ULS R&O, we modified use of the 462.675 MHz/467.675 MHz Form 605 is inappropriate for non- § 95.179(a) to remove the requirement channel pair in the same way that individual licensees, as they will that eligible immediate family members GMRS users may use any other channel continue to need to specify certain must live in the same household as the pair will not hinder emergency and technical data. These ‘‘grandfathered’’ individual GMRS licensees, as we do

VerDate 22-SEP-99 10:47 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 E:\FR\FM\A01OC0.147 pfrm01 PsN: 01OCR1 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53237 not collect that information and that materially change the Final Regulatory Coordination, Canada’’) reinstates a rule distinction is largely unenforceable. We Flexibility Analysis, pursuant to the that was inadvertently removed. did not modify § 95.179(d). Regulatory Flexibility Act, see 5 U.S.C. E. Steps taken to minimize significant Accordingly, we conclude that 604, contained in ULS R&O, with the economic impact on small entities, §§ 95.179(a) and 95.179(d) are not exception of the projected reporting, and significant alternatives contradictory, as they are subsections of recordkeeping and other compliance considered: requirements and the professional skills a general rule describing who may be As noted in the Part E, Appendix B, needed to prepare any records or station operators. ULS R&O, the development of the ULS reports. III. CONCLUSION will greatly reduce the cost of preparing C. Description and Estimate of the In this proceeding, the Commission wireless applications and pleadings, Number of Small Entities to Which while increasing the speed of the addresses petitions for reconsideration Rules Will Apply of our Report and Order in the licensing process. We expect that these As noted above, a Final Regulatory changes will benefit all firms and Universal Licensing proceeding. In this Flexibility Analysis was incorporated order, we substantially uphold the businesses, including small entities. The into the ULS R&O. In that analysis, we changes made in the MO&O are decisions made in the ULS R&O, but we described in detail the small entities make certain revisions and clarifications consistent with our Final Regulatory that might be significantly affected by Flexibility Analysis. The Universal to our rules in response to the petitions the rules adopted in the ULS R&O. and on our own motion. Licensing System will continue to Those entities may be found in a present tremendous advantages for IV. PROCEDURAL MATTERS number of wireless services including: small businesses because it permits cellular radiotelephone service, A. Regulatory Flexibility Act access to licensing information at broadband and narrowband PCS, tremendously reduced costs. paging, air-ground radiotelephone Supplementary Regulatory Flexibility F. Report to Congress Analysis service, specialized mobile radio service, private land mobile radio The Commission shall send a copy of As required by the Regulatory service, aviation and marine radio this Memorandum Opinion and Order, Flexibility Act (‘‘RFA’’), an Initial service, offshore radiotelephone service, including this Supplemental Final Regulatory Flexibility Analysis general wireless telecommunications Regulatory Flexibility Analysis, in a (‘‘IRFA’’) was incorporated in the Notice service, fixed microwave service, report to Congress pursuant to the Small of Proposed Rule Making, 63 FR 16938, commercial radio operators, amateur Business Regulatory Enforcement April 7, 1998, in WT Docket No. 98–20. radio services, personal radio services, Fairness Act of 1996. See 5 U.S.C. The Commission sought written public public safety radio services and 801(a)(1)(A). A copy of the comment on the proposals in the Notice governmental entities, rural Memorandum Opinion and Order and of Proposed Rule Making, including radiotelephone service, marine coast Supplemental Final Regulatory comment on the IRFA. A Final service, and wireless communications Flexibility Analysis (or a summaries, Regulatory Flexibility Analysis service. In this present Supplemental thereof) will be published in the Federal (‘‘FRFA’’) was incorporated in the ULS Final Regulatory Flexibility Analysis, Register. See 5 U.S.C. 604(b). A copy of R&O, and the Commission received no we hereby incorporate by reference the the Memorandum Opinion and Order petitions for reconsideration on any description and estimate of the number and Supplemental Final Regulatory issues related to the FRFA. This present of small entities from the previous Flexibility Analysis will also be sent to Supplemental Final Regulatory FRFA in this proceeding. the Chief Counsel for Advocacy of the Flexibility Analysis conforms to the The rule changes in this MO&O will Small Business Administration. RFA, see 5 U.S.C. 604, and accompanies affect all small businesses filing new B. Paperwork Reduction Act (PRA) this MO&O, which addresses petitions wireless radio service license for reconsideration submitted regarding applications or modifying or renewing Paperwork Reduction Act Analysis: the ULS R&O. an existing license. To the extent that a Dates: Written comments by the A. Need for and objectives of this rule change here affects a particular public on the modified information Memorandum Opinion and Order on wireless service, our estimates, collections are due November 1, 1999. Reconsideration contained in Appendix B of the ULS Written comments must be submitted by In this rulemaking the Commission R&O, remain valid as to the size of those OMB on the information collections on consolidates, revises, and streamlines its services. or before November 30, 1999. rules governing license application D. Description of the projected Address: In addition to filing procedures for radio services licensed reporting, recordkeeping, and other comments with the Secretary, a copy of by the Bureau (Bureau). See the compliance requirements any comments on the information description in section D, infra. The rule We will amend sections 22.529, collections contained herein should be changes effected by this Memorandum 22.709, 22.803, and 22.929 so as to make submitted to Judy Boley, Federal Opinion and Order on Reconsideration those rules conform with the ULS R&O. Communications Commission, Room 1– will further implement the policy Part 22 Licensees will no longer need to C804, 445 12th Street, SW, Washington, changes put in place by the ULS R&O. file certain categories of antenna DC 20554, or via the Internet to B. Summary of significant issues raised information with the Commission. The [email protected]; and to Timothy Fain, by public comments in response to licensees will need to keep that OMB Desk Officer, 10236 NEOB, 725– the Final Regulatory Flexibility information on file and produce it 17th Street, NW, Washington, DC 20503 Analysis (FRFA) within ten days of receiving a request or via the Internet to [email protected]. No petitions for reconsideration were for such information from other Further Information: For additional filed with respect to the Final licensees or applicants. This policy information concerning the information Regulatory Flexibility Analysis change was already assessed in the collections contained in this MO&O contained in the ULS R&O. This MO&O Final Regulatory Flexibility Analysis. In contact Judy Boley at (202) 418–0214, or is consistent with and does not addition, section 1.928 (‘‘Frequency via the Internet at [email protected].

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Supplementary Information: This IV. ORDERING CLAUSES § 1.927 Amendment of applications. MO&O contains a modified information It Is Further Ordered that, pursuant to (a) Pending applications may be collection, which has been submitted to the authority of sections 4(i), 11, 303(g), amended as a matter of right if they the Office of Management and Budget 303(r), and 332(c)(7) of the have not been designated for hearing or for approval. As part of our continuing Communications Act of 1934, as listed in a public notice as accepted for effort to reduce paperwork burdens, we amended, 47 U.S.C. 154(i), 161, 303(g), filing for competitive bidding, except as invite the general public to take this 303(r), 332(c)(7), 47 CFR Parts 1, 13, 22, provided in paragraphs (b) through (e) opportunity to comment on the 80, 87, 90, 95, 97, and 101 of the of this section. information collection contained in this Commission’s Rules are AMENDED as * * * * * MO&O, as required by the Paperwork set forth in Rule Changes November 30, Section 1.928 is added to read as Reduction Act of 1995, Pub. L. 104–13. 1999 except for §§ 22.529(c), 22.709(f), follows: Public comments should be submitted 22.803(c), and 22.929(d) which contain to OMB and the Commission, and are modified information collection § 1.928 Frequency coordination, Canada. due thirty days from date of publication requirements that have not been (a) As a result of mutual agreements, of this MO&O in the Federal Register. approved by the Office of Management the Commission has, since May 1950 Comments should address: (a) Whether and Budget. The Commission will had an arrangement with the Canadian the proposed collection of information publish a document announcing the Department of Communications for the is necessary for the proper performance effective date of these sections in the exchange of frequency assignment of the functions of the Commission, Federal Register. information and engineering comments including whether the information shall It Is Further Ordered that the on proposed assignments along the have practical utility; (b) The accuracy Commission’s Office of Public Affairs, Canada-United States borders in certain of the Commission’s burden estimates; Reference Operations Division, SHALL bands above 30 MHz. Except as (c) Ways to enhance the quality, utility, SEND a copy of this Memorandum provided in paragraph (b) of this and clarity of the information collected; Opinion and Order on Reconsideration, section, this arrangement involves and (d) Ways to minimize the burden of including the Supplemental Regulatory assignments in the following frequency the collection of information on the Flexibility Analysis, to the Chief bands. respondents, including the use of Counsel for Advocacy of the Small MHz automated collection techniques or Business Administration, in accordance other forms of information technology. with section 605(b) of the Regulatory 30.56–32.00 OMB Approval Number: 3060–0865. Flexibility Act, 5 U.S.C. 601 et seq. 33.00–34.00 Title: Wireless Telecommunications LIST OF SUBJECTS in 47 CFR Parts 1, 13, 35.00–36.00 Bureau Universal Licensing System 22, 80, 87, 90, 95, 97, and 101 37.00–38.00 Recordkeeping and Third Party Communications common carriers, 39.00–40.00 Disclosure Requirements. Radio, Reporting and recordkeeping 42.00–46.00 requirements. Form No.: N/A. 47.00–49.60 Type of Review: Revision of a Federal Communications Commission. 72.00–73.00 currently approved collection. Magalie Roman Salas, 75.40–76.00 Respondents: Individuals or Secretary. 150.80–174.00 households; Business or other for-profit; 450–470 Not-for-profit institutions; State, Local Rule Changes 806.00–960.00 or Tribal Government. For the reasons discussed in the 1850.0–2200.0 Number of Respondents: 62,790. preamble, the Federal Communications 2450.0–2690.0 Estimated Time Per Response: Varies. Commission amends 47 CFR parts 1, 13, 22, 80, 87, 90, 95, 97, and 101 as 3700.0–4200.0 Total Annual Burden: 32,297. 5925.0–7125.0 Frequency of Response: On Occasion. follows: GHz Total Annual Estimated Costs: No PART 1ÐPRACTICE AND Additional Costs. PROCEDURE 10.55–10.68 Needs and Uses: ULS establishes a 10.70–13.25 streamlined set of rules that minimizes 1. The authority citation for part 1 continues to read as follows: (b) The following frequencies are not filing requirements; eliminates involved in this arrangement because of redundant, inconsistent, or unnecessary Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. the nature of the services: submission requirements; and assures 151, 154(i), 154(j), 155, 255, and 303(e). MHz ongoing collection of reliable licensing 2. Section 1.923 is amended by and ownership data. The recordkeeping adding paragraph (i) to read as follows: 156.3 and third party disclosure requirements 156.35 § 1.923 Content of applications. contained in this collection are a result 156.4 of the eliminate of a number of filing * * * * * 156.45 requirements. The ULS forms contain a (i) Unless an exception is set forth 156.5 number of certifications, which elsewhere in this chapter, each 156.55 eliminated for a number of previous applicant must specify an address filing requirements. However, where the applicant can receive mail 156.6 applicants must maintain records to delivery by the United States Postal 156.65 document compliance with the Service. This address will be used by 156.7 requirements. In some instance the Commission to serve documents or 156.8 applicants may also be required to direct correspondence to the applicant. 156.9 coordinate activities with third parties 3. Section 1.927 is amended by 156.95 prior to submitting applications. revising paragraph (a) to read as follows: 157.0 and 161.6

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157.05 arc to the intersection of 60 deg. N., 143 deg. (i) Change in frequency or 157.1 W., thence by great circle arc so as to include modification of channel pairs; 157.15 all of the Alaskan Panhandle; and Line D— Begins at the intersection of 70 * * * * * 157.20 (iii) Change in effective radiated 157.25 deg. N., 138 deg. W., thence by great circle 157.30 arc to the intersection of 61 deg. 20′ N., 139 power from that authorized or, for 157.35 deg. W., (Burwash Landing), thence by great GMRS systems licensed to non- 157.40. circle arc to the intersection of 60 deg. 45′ N., individuals, an increase in the (c) Assignments proposed in 135 deg. W., thence by great circle arc to the transmitter power of a station; intersection of 56 deg. N., 128 deg. W., accordance with the railroad industry * * * * * thence south along 128 deg. meridian to Lat. (v) Change in the authorized location radio frequency allotment plan along 55 deg. N., thence by great circle arc to the the United States-Canada borders intersection of 54 deg. N., 130 deg. W., or number of base stations, fixed, utilized by the Federal Communications thence by great circle arc to Port Clements, control, or, for systems operating on Commission and the Department of thence to the Pacific Ocean where it ends. non-exclusive assignments in GMRS or Transport, respectively, may be the 470–512 MHz, 800 MHz or 900 MHz (f) For all stations using bands excepted from this arrangement at the bands, a change in the number of mobile between 470 MHz and 1000 MHz; and discretion of the referring agency. transmitters, or a change in the area of (d) Assignments proposed in any for any station of a terrestrial service mobile transmitters, or a change in the radio service in frequency bands below using a band above 1000 MHz, the areas area of mobile operations from that 470 MHz appropriate to this which are involved are as follows: authorized; arrangement, other than those for (1) For a station the antenna of which * * * * * stations in the Domestic Public (land looks within the 200 deg. sector toward (d) In the microwave services: mobile or fixed) category, may be the Canada-United States borders, that (1) Except as specified in paragraph excepted from this arrangement at the area in each country within 35 miles of (d)(2) and (d)(3) of this section, the discretion of the referring agency if a the borders; following, in addition to those filings base station assignment has been made (2) For a station the antenna of which listed in paragraph (a) of this section, previously under the terms of this looks within the 160 deg. sector away are major actions that apply to stations arrangement or prior to its adoption in from the Canada-United States borders, licensed to provide fixed point-to-point, the same radio service and on the same that area in each country within 5 miles point-to-multipoint, or multipoint-to- frequency and in the local area, and of the borders; and point, communications on a site-specific provided the basic characteristics of the (3) The area in either country within basis, or fixed or mobile additional station are sufficiently coordination distance as described in communications on an area-specific similar technically to the original Recommendation 1A of the Final Acts basis under Part 101 of this chapter: assignment to preclude harmful of the EARC, Geneva, 1963 of a (i) Any change in transmit antenna interference to existing stations across receiving earth station in the other location by more than 5 seconds in the border. country which uses the same band. latitude or longitude for fixed point-to- (e) For bands below 470 MHz, the (g) Proposed assignments in the space point facilities (e.g., a 5 second change areas which are involved lie between radiocommunication services and in latitude, longitude, or both would be Lines A and B and between Lines C and proposed assignments to stations in minor); any change in coordinates of the D, which are described as follows: frequency bands allocated coequally to center of operation or increase in radius Line A—Begins at Aberdeen, Wash., space and terrestrial services above 1 of a circular area of operation, or any running by great circle arc to the intersection GHz are not treated by these expansion in any direction in the of 48 deg. N., 120 deg. W., thence along arrangements. Such proposed latitude or longitude limits of a parallel 48 deg. N., to the intersection of 95 assignments are subject to the regulatory rectangular area of operation, or any deg. W., thence by great circle arc through provisions of the International Radio change in any other kind of area the southernmost point of Duluth, Minn., operation; thence by great circle arc to 45 deg. N., 85 Regulations. deg. W., thence southward along meridian 85 (h) Assignments proposed in the (ii) Any increase in frequency deg. W., to its intersection with parallel 41 frequency band 806–890 MHz shall be tolerance; deg. N., thence along parallel 41 deg. N., to in accordance with the Canada-United (iii) Any increase in bandwidth; its intersection with meridian 82 deg. W., States agreement, dated April 7, 1982. (iv) Any change in emission type; (v) Any increase in EIRP greater than thence by great circle arc through the 5. Section 1.929 is amended by southernmost point of Bangor, Maine, thence 3 dB; revising paragraphs (b)(2), (c)(4)(i), by great circle arc through the southern-most (vi) Any increase in transmit antenna (c)(4)(iii), (c)(4)(v), and (d) to read as point of Searsport, Maine, at which point it height (above mean sea level) more than follows: terminates; and 3 meters, except as specified in Line B—Begins at Tofino, B.C., running by paragraph (d)(3) of this section; great circle arc to the intersection of 50 deg. § 1.929 Classification of filings as major or N., 125 deg. W., thence along parallel 50 deg. minor. (vii) Any increase in transmit antenna N., to the intersection of 90 deg. W., thence * * * * * beamwidth, except as specified in by great circle arc to the intersection of 45 (b) * * * paragraph (d)(3) of this section; ′ (viii) Any change in transmit antenna deg. N., 79 deg. 30 W., thence by great circle (2) Request that a CGSA boundary or arc through the northernmost point of polarization; portion of a CGSA boundary be Drummondville, Quebec (lat: 45 deg. 52′ N., (ix) Any change in transmit antenna ′ determined using an alternative method; long: 72 deg. 30 W.), thence by great circle azimuth greater than 1 degree, except as ′ or, arc to 48 deg. 30 N., 70 deg. W., thence by specified in paragraph (d)(3) of this great circle arc through the northernmost * * * * * section ; or, point of Campbellton, N.B., thence by great (c) * * * circle arc through the northernmost point of (x) Any change which together with Liverpool, N.S., at which point it terminates. (4) In the Private Land Mobile Radio all minor modifications or amendments Line C— Begins at the intersection of 70 Services (PLMRS) and in GMRS systems since the last major modification or deg. N., 144 deg. W., thence by great circle licensed to non-individuals: amendment produces a cumulative

VerDate 22-SEP-99 10:47 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 E:\FR\FM\A01OC0.152 pfrm01 PsN: 01OCR1 53240 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations effect exceeding any of the above major 8. Section 1.955 is revised amended § 13.10 Licensee Address criteria. by revising both paragraph (a)(1) after In accordance with § 1.923 of this (2) Changes to transmit antenna the first sentence and the last sentence chapter all applicants must specify an location of Multiple Address System of paragraph (b)(2) to read as follows: address where the applicant can receive (MAS) Remote Units and Digital mail delivery by the United States § 1.955 Termination of authorizations. Electronic Message Service (DEMS) User Postal Service except as specified Units are not major. (a) * * * below: (3) Changes in accordance with (1) * * * See § 1.949 of this part. No (a) Applicants for a Restricted paragraphs (d)(1)(vi), (d)(1)(vii) and authorization granted under the Radiotelephone Operator Permit; (d)(1)(ix) of this section are not major for provisions of this part shall be for a term (b) Applicants for a Restricted the following: longer than ten years. Radiotelephone Operator Permit— (i) Fixed Two-Way MAS on the * * * * * Limited Use. remote to master path, (b) * * * (ii) Fixed One-Way Inbound MAS on (2) * * * See § 1.946(c) of this part. PART 22ÐPUBLIC MOBILE SERVICES the remote to master path, (iii) Multiple Two-Way MAS on the * * * * * 12. The authority citation for part 22 continues to read as follows: remote to master and master to remote PART 13ÐCOMMERCIAL RADIO paths, OPERATORS Authority: Secs. 4, 303, 309 and 332, 48 (iv) Multiple One-Way Outbound Stat. 1066, 1082, as amended; 47 U.S.C. 154, MAS on the master to remote path, 9. The authority citation for part 13 303, 309 and 332, unless otherwise noted. (v) Mobile MAS Master, continues to read as follows: 13–14. Section 22.165 is amended by (vi) Fixed Two-Way DEMS on the Authority: Secs. 4, 303, 48 Stat. 1066, removing the term ‘‘COSA’’ and add, user to nodal path, and 1082, as amended; 47 U.S.C. 154 and 303, each place it appears, the term ‘‘CGSA’’ (vii) Multiple Two-Way DEMS on the unless otherwise noted. in paragraph (e). nodal to user and user to nodal paths. 10. Section 13.8 is added to read as 15. Section 22.529 is amended by Note to paragraph (d)(3) of § 1.929: For the follows: revising the introductory text and by systems and path types described in adding paragraph (c) to read as follows: paragraph (d)(3) of this section, the data § 13.8 Authority conveyed. provided by applicants is either a typical § 22.529 Application requirements for the value for a certain parameter or a fixed value Licenses, certificates and permits Paging and Radiotelephone Service. given in the Form instructions. issued under this part convey authority for the operating privileges of other In addition to information required by * * * * * subparts B and D of this part, 6. Section 1.939 is amended by licenses, certificates, and permits issued under this part as specified below: applications for authorization in the revising the first sentence of paragraph Paging and Radiotelephone Service (b) to read as follows: (a) First Class Radiotelegraph Operator’s Certificate conveys all of the contain required information as § 1.939 Petitions to deny. operating authority of the Second Class described in the instructions to the Radiotelegraph Operator’s Certificate, form. Site coordinates must be * * * * * referenced to NAD83 and be correct to (b) Filing of petitions. Petitions to the Third Class Radiotelegraph +-1 second. deny and related pleadings may be filed Operator’s Certificate, the Restricted electronically via ULS. Manually filed Radiotelophone Operator Permit, and * * * * * petitions to deny must be filed with the the Marine Radio Operator Permit. (c) Upon request by an applicant, Office of the Secretary, 445 Twelfth (b) A Second Class Radiotelegraph licensee, or the Commission, a part 22 Street, S.W., Room TW-B204, Operator’s Certificate conveys all of the applicant or licensee of whom the Washington, DC 20554. * ** operating authority of the Third Class request is made shall furnish the antenna type, model, and the name of * * * * * Radiotelegraph Operator’s Certificate, 7. Section 1.947 is amended by the Restricted Radiotelophone Operator the antenna manufacturer to the revising paragraph (b) to read as follows: Permit, and the Marine Radio Operator requesting party within ten (10) days of Permit. receiving written notification. § 1.947 Modification of licenses. (c) A Third Class Radiotelegraph 16. Section 22.709 is amended by * * * * * Operator’s Certificate conveys all of the adding paragraph (f) to read as follows: (b) Licensees may make minor operating authority of the Restricted § 22.709 Rural radiotelephone service modifications to station authorizations, Radiotelophone Operator Permit and the application requirements. as defined in § 1.929 of this part (other Marine Radio Operator Permit. * * * * * than pro forma transfers and (d) A General Radiotelephone (f) Antenna Information. Upon assignments), as a matter of right Operator License conveys all of the request by an applicant, licensee, or the without prior Commission approval. operating authority of the Marine Radio Commission, a part 22 applicant or Where other rule parts permit licensees Operator Permit. licensee of whom the request is made to make permissive changes to technical (e) A GMDSS Radio Operator’s shall furnish the antenna type, model, parameters without notifying the License conveys all of the operating and the name of the antenna Commission (e.g., adding, modifying, or authority of the Marine Radio Operator manufacturer to the requesting party deleting internal sites), no notification is Permit. within ten (10) days of receiving written required. For all other types of minor (f) A GMDSS Radio Maintainer’s notification. modifications (e.g., name, address, point License conveys all of the operating 17. Section 22.803 is amended by of contact changes), licensees must authority of the General Radiotelephone adding paragraph (c) to read as follows: notify the Commission by filing FCC Operator License and the Marine Radio Form 601 within thirty (30) days of Operator Permit. § 22.803 Air-ground application implementing any such changes. 11. Section 13.10 is added to read as requirements * * * * * follows: * * * * *

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(c) Upon request by an applicant, 445 Twelfth Street, S.W., TW–B204, PART 95ÐPERSONAL RADIO licensee, or the Commission, a part 22 Washington, D.C. 20554. SERVICES applicant or licensee of whom the * * * * * request is made shall furnish the 28. The authority citation for part 95 antenna type, model, and the name of PART 87ÐAVIATION SERVICES continues to read as follows: the antenna manufacturer to the Authority: Secs. 4, 303, 48 Stat. 1066, requesting party within ten (10) days of 23. The authority citation for Part 87 1082, as amended; 47 U.S.C. 154 and 303. receiving written notification. continues to read as follows: 29. Section 95.5 is revised to read as 18. Section 22.929 is amended by Authority: 48 Stat. 1066, 1082, as follows: revising the introductory text and by amended; 47 U.S.C. 154, 303, and 307(e), adding paragraph (d) to read as follows: unless otherwise noted. Interpret or apply 48 § 95.5 Licensee eligibility. Stat. 1064–1068, 1081–1105, as amended; 47 (a) An individual (one man or one § 22.929 Application requirements for the U.S.C. 151–156, 301–609. woman) is eligible to obtain, renew, and Cellular Radiotelephone Service. § 87.25 [Amended] have modified a GMRS system license if In addition to information required by that individual is 18 years of age or subparts B and D of this part, 24. In § 87.25 remove paragraph (a). older and is not a representative of a applications for authorization in the foreign government. Cellular Radiotelephone Service contain PART 90ÐPRIVATE LAND MOBILE (b) A non-individual (an entity other required information as described in the RADIO SERVICES than an individual) is ineligible to instructions to the form. Site obtain a new GMRS system license or coordinates must be referenced to 25. The authority citation for Part 90 make a major modification to an NAD83 and be correct to ±1 second. continues to read as follows: existing GMRS system license (see * * * * * Authority: Secs. 4, 251–2, 303, 309, and § 1.929 of this chapter). (d) Antenna Information. Upon 332, 48 Stat. 1066, 1082, as amended; 47 (c) A GMRS system licensed to a non- request by an applicant, licensee, or the U.S.C. 154, 251–2, 303, 309, and 332, unless individual before July 31, 1987, is Commission, a cellular applicant or otherwise noted. eligible to renew that license and all licensee of whom the request is made 26. Section 90.167 is amended by subsequent licenses based upon it if: shall furnish the antenna type, model, revising the subject heading to read as (1) The non-individual is a and the name of the antenna follows: partnership and each partner is 18 years manufacturer to the requesting party of age or older; a corporation; an within ten (10) days of receiving written § 90.167 Time in which a station must association; a state, territorial, or local notification. commence service. government unit; or a legal entity; 19. Section 22.946 is amended by * * * * * (2) The non-individual is not a foreign government; a representative of a revising the last sentence of paragraph 27. Section 90.693 is amended by foreign government; or a federal (a) to read as follows: adding a sentence at the end of government agency; and paragraphs (b), (c), (d)(1), and (d)(2): § 22.946 Service commencement and (3) The licensee has not been granted construction periods for cellular systems. § 90.693 Grandfathering provisions for a major modification to its GMRS (a) * * * The licensee must notify the incumbent licensees. system. FCC (FCC Form 601) after the * * * * * 30. Section 95.7 is amended by requirements of this section are met (see revising the first sentence of paragraph (b) * * * Pursuant to the minor (a) to read as follows: § 1.946 of this chapter). modification notification procedure set * * * * * forth in 1.947(b), the incumbent licensee § 95.7 Channel sharing. § 22.953 [Amended] must notify the Commission within 30 (a) Channels or channel pairs (one 462 days of any changes in technical MHz frequency listed in § 95.29(a) of 20. In § 22.953 remove paragraph parameters or additional stations (a)(5). this part and one 467 MHz frequency constructed that fall within the short- listed in § 95.29(b) of this part) are PART 80ÐSTATIONS IN THE spacing criteria. See 47 CFR 90.621(b). available to GMRS systems only on a MARITIME SERVICES (c) * * * Pursuant to the minor shared basis and will not be assigned for modification notification procedure set the exclusive use of any licensee. * ** 21. The authority citation for Part 80 forth in 1.947(b), the incumbent licensee * * * * * continues to read as follows: must notify the Commission within 30 31. Section 95.29 is amended by Authority: Secs. 4, 303, 48 Stat. 1066, days of any changes in technical revising paragraphs (a) and (b) and by 1082, as amended; 47 U.S.C. 154, and 303, parameters or additional stations removing and reserving paragraph (e) to unless otherwise noted. Interpret or apply 48 constructed that fall within the short- read as follows: Stat. 1064–1068, 1081–1105, as amended; 47 spacing criteria. See 47 CFR 90.621(b). U.S.C. 151–155, 301–609; 3 UST 3450, 3 UST § 95.29 Channels available. (d) Consolidated license. 4726, 12 UST 2377. (a) For a base station, fixed station, 22. Section 80.59 is amended by (1) * * * Incumbents exercising this mobile station, or repeater station (a revising the last sentence of paragraph license exchange option must submit GMRS station that simultaneously (c)(2) to read as follows: specific information on Form 601 for retransmits the transmission of another each of their external base sites after the GMRS station on a different channel or § 80.59 Compulsory ship inspections. close of the 800 MHz SMR auction. channels), the licensee of the GMRS * * * * * (2) * * * Incumbents exercising this system must select the transmitting (c) * * * license exchange option must submit channels or channel pairs (see § 95.7(a) (2) * * * Emergency requests must be specific information on Form 601 for of this part) for the stations in the GMRS filed with the Federal Communications each of their external base sites after the system from the following 462 MHz Commission, Office of the Secretary, close of the 800 SMR auction. channels: 462.5500, 462.5750, 462.6000,

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462.6250, 462.6500, 462.6750, 462.7000 service communications. (State and contain a statement showing and 462.7250. local regulation of a station antenna compliance with § 101.103(c) or the (b) For a mobile station, control structure must not preclude amateur exceptions recognized in paragraph 141 station, or fixed station operated in the service communications. Rather, it must of the First Report and Order in Docket duplex mode, the following 467 MHz reasonably accommodate such No. 18920 (29 FCC 2d 870). (This channels may be used only to transmit communications and must constitute document is available at: Federal communications through a repeater the minimum practicable regulation to Communications Commission, Library station and for remotely controlling a accomplish the state or local authority’s (Room TW–B505), 445 Twelfth Street, repeater station. The licensee of the legitimate purpose. See PRB–1, 101 FCC SW, Washington, DC) If not in GMRS system must select the 2d 952 (1985) for details.) compliance, a complete statement with transmitting channels or channel pairs 36. Section 97.17 is amended by the reasons therefore must be submitted. (see § 95.7(a) of this part) for the stations revising paragraphs (b)(1) and (c) to read [FR Doc. 99–25235 Filed 9–30–99; 8:45 am] operated in the duplex mode, from the as follows. following 467 MHz channels: 467.5500, BILLING CODE 6712±01±P 467.5750, 467.6000, 467.6250, 467.6500, § 97.17 Application for new license grant. 467.6750, 467.7000 and 467.7250. * * * * * (b) * * * FEDERAL COMMUNICATIONS * * * * * (1) Each candidate for an amateur COMMISSION (e) [Reserved] radio operator license which requires 47 CFR Part 64 * * * * * the applicant to pass one or more 32. Section 95.101 is amended to add examination elements must present the [CC Docket No. 96±115; FCC 99±223] paragraph (d) to read as follows: administering VEs with all information Telecommunications Carriers' Use of § 95.101 What the license authorizes. required by the rules prior to the Customer Proprietary Network * * * * * examination. The VEs may collect all necessary information in any manner of Information and Other Customer (d) For non-individual licensees, the Information license together with the system their choosing, including creating their specifications for that license as own forms. AGENCY: Federal Communications maintained by the Commission * * * * * Commission. represent the non-individual licensees’ (c) No person shall obtain or attempt ACTION: Final rule. maximum authorized system. to obtain, or assist another person to 33. Section 95.103 is amended by obtain or attempt to obtain, an amateur SUMMARY: This document reconsiders revising paragraphs (a) and (b) to read service license grant by fraudulent the first CPNI order, addresses petitions as follows: means. for forbearance from the requirements of * * * * * that order, and establishes rules to § 95.103 Licensee duties. 37. Section 97.21 is amended by implement section 222. The intended (a) The licensee is responsible for the revising paragraph (a)(2) to read as effect is to further Congress’ goals of proper operation of the GMRS system at follows: fostering competition in all times. The licensee is also telecommunications markets and ensure responsible for the appointment of a § 97.21 Application for a modified or the privacy of customer information. renewed license. station operator. DATES: All of these rules contain (b) The licensee may limit the use of (a) * * * information collection requirements that repeater to only certain user stations. (2) May apply to the FCC for a have not yet been approved by the * * * * * modification of the operator/primary Office of Management and Budget station license grant to show a higher (OMB). The Commission will publish a PART 97ÐAMATEUR RADIO SERVICE operator class. Applicants must present document in the Federal Register the administering VEs with all 34. The authority citation for Part 97 announcing the effective date of these information required by the rules prior rules. continues to read as follows: to the examination. The VEs may collect FOR FURTHER INFORMATION CONTACT: Eric Authority: 48 Stat. 1066, 1082, as all necessary information in any manner amended; 47 U.S.C. 154, 303. Interpret or of their choosing, including creating Einhorn, Attorney Adviser, Common apply 48 Stat. 1064–1068, 1081–1105, as their own forms. Carrier Bureau, Policy and Program Planning Division, (202) 418–1580 or amended: 47 U.S.C. 151–155, 301–609, * * * * * unless otherwise noted. via the Internet at [email protected]. 35. Section 97.15 is revised to read as PART 101ÐFIXED MICROWAVE Further information may also be follows: SERVICES obtained by calling the Common Carrier Bureau’s TTY number: 202–418–0484. § 97.15 Station antenna structures. 38. The authority citation for Part 101 SUPPLEMENTARY INFORMATION: This is a (a) Owners of certain antenna continues to read as follows: summary of the Commission’s Order structures more than 60.96 meters (200 Authority: 47 U.S.C. 154, 303. adopted August 16, 1999, and released September 3, 1999. The full text of this feet) above ground level at the site or 39. Section 101.705 is revised to read Order on Reconsideration is available located near or at a public use airport as follows: must notify the Federal Aviation for inspection and copying during Administration and register with the § 101.705 Special showing for renewal of normal business hours in the FCC Commission as required by part 17 of common carrier station facilities using Reference Center, 445 12th Street, S. W., this chapter. frequency diversity. Room CY–A257, Washington, D.C. The (b) Except as otherwise provided Any application for renewal of complete text also may be obtained herein, a station antenna structure may license, for a term commencing January through the World Wide Web, at http:/ be erected at heights and dimensions 1, 1975, or after, involving facilities /www.fcc.gov/Bureaus/Common sufficient to accommodate amateur utilizing frequency diversity must Carrier/Orders/fcc99223.wp, or may be

VerDate 22-SEP-99 18:37 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 E:\FR\FM\01OCR1.XXX pfrm01 PsN: 01OCR1 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53243 purchased from the Commission’s copy CPNI Order. In this order we modify the customer’s CPNI by section 222, and the contractor, International Transcription CPNI Order, in part, to preserve the rules we promulgated in the CPNI Service, Inc., (202) 857–3800, 1231 20th consumer protections mandated by Order, carriers need only obtain the St., N. W., Washington, D.C. 20036. Congress while more narrowly tailoring customer’s approval to use that our rules, where necessary, to enable customer’s CPNI. Once a carrier has Regulatory Flexibility Certification: telecommunications carriers to comply acquired customer approval, carrier use As required by the Regulatory with the law in a more flexible and less or disclosure of CPNI, in most cases, is Flexibility Act, the Order contains a costly manner. unrestricted. Thus, section 222 enables Final Regulatory Flexibility. A brief 3. The Telecommunications Act of customers to relinquish the description of the analysis follows. 1996 (1996 Act) became law on presumption of privacy as they see fit. Pursuant to section 604 of the February 8, 1996. Although most of the 6. Congress’ determination in section Regulatory Flexibility Act, the provisions in the 1996 Act aim to 222 to balance competitive interests Commission performed a implement Congress’ intent that the with consumers’ interests in privacy comprehensive analysis of the Order 1996 Act ‘‘provide for a pro- and control over CPNI governed the with regard to small entities. This competitive, de-regulatory national Commission’s reasoning and analysis includes: (1) A succinct policy framework designed to accelerate conclusions in the CPNI Order. This statement of the need for, and objectives rapidly private sector deployment of order is no different: we seek to carry of, the Commission’s decisions in the advanced telecommunications and out vigilantly Congress’ consumer Order; (2) a summary of the significant information technologies and services to protection and privacy aims, while issues raised by the public comments in all Americans by opening all simultaneously reducing the burden of response to the initial regulatory telecommunications markets to carrier compliance with section 222 by flexibility analysis, a summary of the competition,’’ section 222 addresses a eliminating unnecessary expense and Commission’s assessment of these different and additional goal. CPNI is administrative oversight where issues, and a statement of any changes extremely personal to customers as well customer privacy and control will not made in the Order as a result of the as commercially valuable to carriers. As be sacrificed. we stated in the CPNI Order: Congress comments; (3) a description of and an II. Overview estimate of the number of small entities recognized * * * that the new to which the Order will apply; (4) a competitive market forces and 7. By this order, we respond to the description of the projected reporting, technology ushered in by the 1996 Act requests for reconsideration, recordkeeping and other compliance had the potential to threaten consumer clarification and forbearance as follows: (a) We deny the petitions for requirements of the Order, including an privacy interests. Congress, therefore, reconsideration which ask us to amend estimate of the classes of small entities enacted section 222 to prevent the CPNI rules to differentiate among which will be subject to the requirement consumer privacy protections from telecommunications carriers. and the type of professional skills being inadvertently swept away along (b) We decline to modify or forbear necessary for compliance with the with the prior limits on competition. from the total service approach adopted requirement; (5) a description of the 4. As the Commission previously in the CPNI Order because the total steps the Commission has taken to noted in the CPNI Order, section 222 is service approach keeps control over the minimize the significant economic largely a consumer protection provision use of CPNI with the customer and best impact on small entities consistent with that establishes restrictions on carrier protects privacy while furthering fair the stated objectives of applicable use and disclosure of personal customer competition. We also clarify a number statutes, including a statement of the information. The aim of section 222 stands in contrast to the other of aspects of the total service approach factual, policy, and legal reasons for provisions of the 1996 Act that seek in response to petitioners’ requests. selecting the alternative adopted in the primarily to ‘‘[open] all (c) We grant, in part, the petitions for Order and why each one of the other telecommunications markets to reconsideration which request that we significant alternatives to each of the competition,’’ and mandate competitive allow all carriers to use CPNI to market Commission’s decisions which affect access to facilities and services. Section customer premises equipment (CPE) and small entities was rejected. 222 reflects Congress’ view that as information services under section Synopsis of Order competition increases, it brings with it 222(c)(1) without customer approval. We conclude that all carriers may use I. Introduction the potential that consumer privacy interests will not be adequately CPNI, without customer approval, to 1. On February 26, 1998, the protected by the marketplace. Thus, market CPE. We further conclude that Commission released the CPNI Order, section 222 requires all carriers, CMRS carriers may use CPNI, without 63 FR 20326, April 24, 1998, adopting whether or not a market is competitive, customer approval, to market all rules implementing the new statutory to protect CPNI and embodies the information services, while wireline framework governing carrier use and principle that customers must be able to carriers may do so for certain disclosure of customer proprietary control their personal information from information services. We deny the network information (CPNI) created by unauthorized use, disclosure, and petitions for forbearance on these issues. section 222 of the Communications Act access by carriers. Where information is (d) We eliminate the restrictions on a (hereinafter ‘‘the Act’’). CPNI includes, not specific to the customer, or where carrier’s ability to use CPNI to regain among other things, to whom, where, the customer so directs, section 222 customers who have switched to and when a customer places a call, as permits the free flow or dissemination another carrier, contained in Section well as the types of service offerings to of information beyond the existing 64.2005(b)(3) of our rules. We find that which the customer subscribes and the customer-carrier relationship. ‘‘winback’’ campaigns are consistent extent the service is used. 5. In most circumstances, the with Section 222(c)(1). The Order 2. This order on reconsideration is constraints placed on carriers by section concludes, however, that if a carrier issued in response to a number of 222 only restrict the use or disclosure of uses information regarding a customer’s petitions for reconsideration, CPNI without customer approval. When decision to switch carriers derived from forbearance, and/or clarification of the carriers are prevented from using a its wholesale operations to retain the

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On May 17, 1996, the Commission grandfather a limited set of pre-existing customer service records in connection initiated a rulemaking, in response to notifications to use CPNI and adopt the with CPNI and that carriers maintain an various formal requests for guidance conclusions reached in the Common electronic audit mechanism (‘‘audit from the telecommunications industry, Carrier Bureau’s Clarification Order, 63 trail’’) that tracks access to customer regarding the obligation of carriers FR 33890, June 22, 1998. We also accounts. The Commission chose to under section 222 and related issues. eliminate, in an effort to reduce defer the enforcement of these rules The Commission subsequently released confusion and regulatory micro- until eight months after the effective the CPNI Order on February 26, 1998. management, § 64.2007(f)(4) of our date of the rules: January 26, 1999. On The CPNI Order addressed the scope rules, which requires a carrier’s September 24, 1998, however, the and meaning of section 222, and solicitation for approval, if written, to be Commission stayed, until six months promulgated regulations to implement on the same document as the carrier’s after the release date of an order that section. It concluded, among other notification. Further, we affirm our addressing these issues on things, as follows: (a) Carriers are decision to exercise our preemption reconsideration, the enforcement of permitted to use CPNI, without authority on a case-by-case basis for actions against carriers for customer approval, to market offerings state rules that conflict with our own. noncompliance with applicable that are related to, but limited by, the (f) We lessen the regulatory burden of requirements set forth in the customers’ existing service relationship; various CPNI safeguards while Commission’s rules. continuing to require that carriers (b) before carriers may use CPNI to protect customer privacy. We modify market outside the customer’s existing IV. Consistent Treatment for All our flagging requirement so that carriers service relationship, carriers must Carriers obtain express written, oral, or must clearly establish the status of a A. Incumbents vs. CLECs customer’s CPNI approval prior to the electronic customer approval; (c) prior use of CPNI, but leave the specific to soliciting customer approval, carriers 11. Section 222(c)(1) restricts the details of compliance with the carriers. must provide a one-time notification to ability of telecommunications carriers to In so doing, we allow the carriers the customers of their CPNI rights; (d) in use CPNI without customer approval. In flexibility to adapt their record keeping light of the comprehensive regulatory the CPNI Order, we concluded that systems in a manner most conducive to scheme established in section 222, the ‘‘Congress did not intend to, and we their individual size, capital resources, Computer III CPNI framework is should not at this time, distinguish culture and technological capabilities. unnecessary; and (e) sections 272 and among carriers for the purpose of Similarly, we amend our rules to 274 impose no additional CPNI applying Section 222(c)(1).’’ We found, eliminate the electronic audit trail requirements on the Bell Operating based upon the language of the statute requirement and instead require carriers Companies (BOCs) beyond those itself, that section 222 applies to all to maintain a record of their sales and imposed by section 222. carriers equally and, with few exceptions, does not distinguish among marketing campaigns that use CPNI. B. The Clarification Order (g) We affirm our conclusion in the classes of carriers. Various parties on CPNI Order that the most reasonable 9. On May 21, 1998, in response to a reconsideration, however, seek reversal interpretation of the interplay between number of requests for clarification of of this conclusion. One group of sections 222 and 272 is that section 272 the CPNI Order, the Common Carrier petitioners advocates that we impose does not impose any additional Bureau released a Clarification Order. stricter CPNI restrictions on incumbent obligations on the Bell operating This order addressed several issues. It carriers than competitors, based upon companies (BOCs) when they share concluded that independently-derived the greater potential for anticompetitive their CPNI with their section 272 information regarding customer use or disclosure of CPNI by ILECs. We affiliates. We also adopt the Common premises equipment (CPE) and previously rejected this very argument Carrier Bureau’s conclusion in the information services is not CPNI and in the CPNI Order. These parties have Clarification Order that a customer’s may be used to market CPE and not raised any arguments or facts that name, address and telephone number information services to customers in persuade us to reverse our conclusion are ‘‘information’’ for the purposes of conjunction with bundled offerings. In that section 222 is intended to apply to section 272(c)(1), and consequently, if a addition, it clarified that a customer’s all segments of the telecommunications BOC makes such information available name, address, and telephone number marketplace regardless of the level of to its 272 affiliate, it must then make it are not CPNI. Moreover, it stated that a competition present in any segment. available to non-affiliated entities. carrier has met the requirements for Accordingly, we affirm that section 222 (h) We find that the relationship of notice and approval under section 222 does not distinguish between classes of sections 222 and 254 does not confer and the Commission’s rules if it has carriers and applies to all carriers any special status to carriers seeking to both provided annual notification to, equally. use CPNI to market enhanced services and obtained prior written authorization and CPE in rural exchanges to select from, customers with more than 20 B. Wireline vs. Wireless customers. Moreover, the Order rejects access lines in accordance with the 12. Congress enacted section 222 at a the contention that the Commission Commission’s former CPNI rules. time when the wireless industry had should apply the requirements of Finally, it determined that carriers are been subject to less regulatory sections 201(b), 202(a) and 272 to not required to file their certifications of requirements than wireline carriers. incumbent local exchange carriers corporate compliance, which carriers Congress was fully aware that CMRS

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Notwithstanding, there is from which such information is derived, to a particular service or subscribes nothing in the statute or its legislative or (B) services necessary to, or used in, across services, GTE or any carrier can history to indicate that Congress the provision of such use the customer’s CPNI to market or intended that the CPNI requirements in telecommunications service, including create enhancements to those services. section 222 should not apply to wireless the publication of directories.’’ Congress could not have intended an carriers. Given the opportunity to 15. After considering the record, interpretation of section 222 that leaves exclude competitive carriers from the statutory language, history, and the consumer without privacy scope of section 222, we must give structure of section 222, we concluded protection. We concluded in the CPNI meaning to the fact that Congress did that Congress intended that a carrier’s Order, and nothing has persuaded us not exempt them. Moreover, the use of CPNI without customer approval otherwise here, that the total service underlying policy objective of section should depend on the service approach best protects customer privacy 222 is to protect consumers, while subscribed to by the customer. while furthering fair competition. GTE balancing competitive interests. We Accordingly, the Commission adopted seeks to use CPNI derived from the believe that the privacy interests of the ‘‘total service approach’’ which provision of certain telecommunications CMRS customers are no less deserving allows carriers to use a customer’s entire services to market other of protection than those of wireline record, derived from complete service telecommunications services to which customers, although the differences in subscribed to from that carrier, to the customer does not subscribe. We customer expectations may warrant market improved services within the conclude that this would not further the different approaches. We note too that parameters of the existing customer- privacy goals that Congress sought to this reconsideration lightens the impact carrier relationship. The total service achieve in section 222. Over time, the of compliance with the CPNI rules on approach permits carriers to use CPNI to total service approach rewards all carriers by providing flexibility for market offerings related to the successful carriers who offer integrated technological differences in customer’s existing service to which the packages by enabling marketing in more administrative systems with regard to customer presently subscribes. Under than one category but in a manner that the electronic safeguards rules, which the total service approach, the customer respects customer privacy. should be beneficial to all companies, retains ultimate control over the 18. GTE requests, in the alternative, including independent CMRS providers. permissible marketing use of CPNI, a that the Commission adopt a rule that balance which best protects customer Finally, we note that a few parties urge permits the use of CPNI for the limited privacy interests while furthering fair the Commission to forbear from purpose of identifying customers from competition. Presented with the enforcing CPNI obligations on CMRS whom it would like to solicit express, opportunity to permit or prevent a providers generally. We address these affirmative approval to use their CPNI carrier from accessing CPNI for arguments in Part V.B.3.d. Therefore, we for marketing out-of-category services. marketing purposes, the customer has deny those petitions for reconsideration We conclude that such use of CPNI is the ability to determine the bounds of that seek different treatment for CMRS implicit in section 222(c)(1) because the carriers. the carrier’s use of CPNI. solicitation of approval is a logical C. Small and Rural Carriers 2. Petitions for Reconsideration prerequisite to actually obtaining 13. As we noted in the CPNI Order, 16. GTE urges the Commission to approval. The carrier’s use of CPNI the Commission’s CPNI rules apply to reconsider the total service approach to under these limited circumstances, small carriers just as they apply to other allow carriers to use, without customer therefore, is merely a part of the process sized carriers ‘‘because we are consent, CPNI derived from the of obtaining approval. Thus, the use of unpersuaded that customers of small provision of a package of CPNI for solicitations of approval to use businesses have less meaningful privacy telecommunications services in order to CPNI to market services outside the interests in their CPNI.’’ Petitioners market other telecommunications bounds of the existing customer-carrier have not raised any new arguments or services to which a customer does not relationship necessarily falls under the facts that persuade us to reverse this subscribe. This ‘‘package approach’’ is customer approval exception stated in conclusion with respect to these only a slight variation of the ‘‘single section 222(c)(1). carriers. Thus, we will not distinguish category approach,’’ which we 19. NTCA urges us to reconsider the among carriers based upon the number specifically analyzed and rejected in the total service approach because it is or density of lines they serve either. CPNI Order. The single category particularly disadvantageous to small, approach would have permitted carriers rural LECs looking to launch new V. Carrier’s Right to Use CPNI Without to use CPNI obtained from the provision service offerings. We addressed and Customer Approval of any telecommunications service, rejected this argument in the CPNI A. The Total Service Approach including local or long distance or Order. NTCA has presented no new CMRS, to market any other service evidence to persuade us that its 1. Background offered by the carrier, regardless of members are disproportionately affected 14. In the CPNI Order, the whether the customer subscribes to such in any cognizable way by these Commission addressed the instances in service from that carrier. requirements. which a carrier could use, disclose, or 17. We decline to grant GTE 3. Petitions for Forbearance permit access to CPNI without prior reconsideration on this issue because customer approval under section that would vitiate the total service 20. Alternatively, GTE and Ameritech 222(c)(1)(A). Section 222(c)(1) provides approach and the attendant protection seek forbearance from the application of that a telecommunications carrier that of a customer’s sensitive information. the total service approach to the receives or obtains CPNI by virtue of its The hallmark of the total service marketing of out-of-category packages or ‘‘provision of a telecommunications approach is that the customer, whose service enhancements to customers. service shall only use, disclose, or privacy is at issue, establishes the After careful review, we believe the permit access to individually bounds of his or her relationship with forbearance test is not met. Forbearance

VerDate 22-SEP-99 18:37 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00067 Fmt 4700 Sfmt 4700 E:\FR\FM\01OCR1.XXX pfrm01 PsN: 01OCR1 53246 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations under section 10 of the Act is required for the effectiveness of our approach. For this reason, as well, we cannot find where: The total service approach protects that forbearance is in the public interest. (1) Enforcement of such regulation or customer privacy expectations by 4. Requests for Clarification provision is not necessary to ensure that placing the control over the approval the charges, practices, classifications, or process in the hands of the customer. 28. Several petitioners request regulations by, for, or in connection The total service approach also protects clarification of aspects of the total with that telecommunications carrier or customers in many instances where they service approach and its application in telecommunications service are just and would not realize potentially sensitive, specific contexts. We address these reasonable and are not unjustly or personal information had been accessed requests. unreasonably discriminatory; or used. The GTE and Ameritech a. Multiple Lines and Carriers. 29. (2) Enforcement of such regulation or approaches lack this crucial element of MCI requests clarification as to whether provision is not necessary for the consumer protection. the total service approach should be protection of consumers; and 25. Section 10(a)(3). GTE believes applied on a subscriber line-by-line (3) Forbearance from applying such forbearance is in the public interest basis or to the subscriber’s services overall. MCI poses a second, related provision or regulation is consistent because of the reduction in carriers’ question, whether a customer can have with the public interest. administrative costs to communicate Section 10(b) provides that, in making more than one carrier in any given with customers where a carrier can use the determination whether forbearance service category, thus allowing both CPNI to market across service categories is consistent with the public interest, carriers to market other services in the without the need for customer approval. the Commission must consider whether same category to that customer. forbearance will promote competitive 26. We find that forbearance would 30. We believe that the total service market conditions, including the extent not be in the public interest. The approach applies to the customer’s total to which forbearance will enhance privacy goals of the statute are not met telecommunications service competition among providers of where carriers can use CPNI without subscription, and proper use of CPNI is telecommunications services. customer approval to sell products and not necessarily limited to the line from 21. Section 10(a)(1). GTE and services outside the existing customer- which it was derived. Section Ameritech assert that the ability to offer carrier relationship. Although reducing 64.2005(a) of our rules permits a service packages will not result in the administrative costs to carriers may telecommunications carrier to use CPNI unreasonable or discriminatory rates. assist these companies in competing for the purpose of marketing service 22. The primary focus of the CPNI with other carriers, we find that any offerings among the categories of service rules is not, nor ever has been, intended potential benefit is outweighed by the already subscribed to by the customer to ensure reasonable rates or practices. need to protect customer privacy. from the same carrier. Although MCI Therefore, we determine that Customers who are interested in proposes to use CPNI from one line to enforcement of the total service obtaining more information can arrange market to another line of the same approach is not necessary to ensure that to do so easily by granting consent for customer, the use of CPNI is permissible the charges, practices, classifications, or their carriers’ use of CPNI. because it remains within the category regulations are just and reasonable and 27. Pursuant to section 10(b) of the of service. As to MCI’s second question, are not unjustly or unreasonably Act, we have evaluated whether we do not limit a customer’s choice to discriminatory. forbearance from the total service select more than one carrier in a given 23. Section 10(a)(2). GTE asserts that approach will promote competitive service category. For the same reasons prohibiting the use of CPNI without market conditions, including the extent cited above, where the use of CPNI approval to market package to which forbearance will enhance remains within a service category, a enhancements is not necessary to competition among providers of carrier is able to market that same protect consumers. Ameritech believes telecommunications services. We agree service to the customer without the CPNI protection is not necessary where, that, as a general matter, reducing need for express customer approval. In like here, the use is consistent with carriers’ administrative and regulatory this manner, a carrier’s attempt to garner customer expectations. costs promotes competitive market more of the customer’s business is pro- 24. We conclude that the second conditions and would improve the competitive and does not impinge on a criterion for forbearance is not met ability of new entrants to introduce customer’s privacy. because customers’ privacy interests new, improved combinations of b. Codification of Service Categories. would not be adequately protected competitive services and products. 31. MCI and CommNet request that the absent the total service approach. GTE However, we are concerned that the Commission explicitly state that all and Ameritech would have us forbear GTE and Ameritech proposals, which telecommunications services fall within from enforcing the total service eliminate the boundaries we have three groupings—local, interLATA, and approach when consumer protection is established for the use of CPNI, may CMRS. a primary concern of section 222. unreasonably deprive other 32. We decline to do so because it Specifically, the customer approval telecommunications carriers the would have the effect of grafting onto process for the use of CPNI is necessary opportunity to compete for a customer’s the total service approach one of the to protects customers’ privacy business. The ability to use CPNI from critical flaws of the so-called ‘‘three expectations because, as stated in the an existing service relationship to category’’ approach. As explained in CPNI Order, we do not believe that we market new services to a customer greater detail in the CPNI Order, the can properly infer that a customer’s bestows an enormous competitive three category approach parsed decision to purchase one type of service advantage on those carriers that telecommunications services into the offering constitutes approval for a currently have a service relationship three traditional service distinctions— carrier to use CPNI to market other with customers, particularly incumbent local, interLATA, and CMRS. Given the service offerings to which the customer exchange carriers and interexchange dynamic nature of the does not subscribe. Nor are we aware of carriers with a large existing customer telecommunications industry, we can any other law, regulation, agency or base. This, in turn, poses a significant not assume that all services necessarily state requirement that would substitute risk to the development of competition. fall into such categories. We believe the

VerDate 22-SEP-99 10:47 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00068 Fmt 4700 Sfmt 4700 E:\FR\FM\A01OC0.163 pfrm01 PsN: 01OCR1 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53247 total service approach is sufficiently intraLATA toll CPNI to market local from applying these restrictions for flexible to incorporate new and different service. Likewise, local exchange related CPE and information services. categories without periodic reviews to carriers would need customer approval 2. Petitions for Reconsideration ascertain whether changes in the to use intraLATA toll CPNI to market competitive environment should interLATA long distance service. In this 38. Customer Premises Equipment translate into changes in service way, the rule is fair to both and Information Services under Section categories. Rather, it is unnecessary to interexchange and local exchange 222(c)(1). We grant the petitions for modify the total service approach in this carriers and treats them symmetrically. reconsideration that argue that CPE and regard or to further codify the three certain information services are B. Use of CPNI to Market Customer service categories in the rules. ‘‘necessary to, or used in, the provision c. Use of CPNI to Market Paging. Premises Equipment and Information of’’ telecommunications services, and 33. In the CPNI Order, the Services therefore use of CPNI derived from the Commission determined that CMRS 1. Background provision of a telecommunications should be viewed in the entirety, when service, without customer approval, to 37. Section 222(c)(1) states that, considering the ‘‘total service market CPE and information services ‘‘[e]xcept as required by law or with the approach.’’ CommNet urges the would be permitted under section approval of the customer, a Commission to revise its rules to make 222(c)(1)(B). Under our previous telecommunications carrier that receives it clear that the service categories to interpretation, the exception was or obtains [CPNI] by virtue of its which the ‘‘total service’’ relationship narrowly construed, resulting in very provision of a telecommunications applies are only local exchange service, few services for which CPNI could be service shall only use, disclose, or interexchange service, and CMRS, so shared. Indeed, we rejected all CPE permit access to individually that a paging carrier could use CPNI to because it was not a ‘‘service’’ and most market cellular service and vice versa. identifiable [CPNI] in its provision of information services because they were U S WEST objects on the grounds that (A) the telecommunications service not necessary to or used in the carrier’s the language of the current rule was from which such information is derived, provision of the telecommunications taken directly from the statute and that or (B) services necessary to, or used in, service. While this interpretation is not the categories may blur over time and the provision of such inconsistent with the statutory language, may disappear as customers migrate to telecommunications service, including we are persuaded that the better single source providers. the publishing of directories.’’ In the interpretation is that the exception 34. We find that our rules are clear CPNI Order, we concluded that includes certain products and services that under the total service approach, a Congress intended that section provisioned by the carrier with the CMRS carrier may use CPNI to market 222(c)(1)(A) govern carriers’ use of CPNI underlying telecommunications service any CMRS service, including paging and for providing telecommunications to comprise the customer’s total service. cellular service. Therefore, no revision services and that section 222(c)(1)(B) This is because those related services of the rules is required. governs carriers’ use of CPNI for non- and products facilitate the underlying d. IntraLATA Toll Services. 35. In the telecommunications services. Based telecommunications service and CPNI Order, the Commission concluded upon the language of section 222(c)(1), customers expect that they will be used that insofar as both local exchange we further concluded that: (1) inside in the provisioning of that service carriers and interexchange carriers wiring, CPE, and certain information offering. Our new interpretation accords currently provide short-haul toll, it services do not fall within the scope of with the Commission’s stated intention should be considered part of both local section 222(c)(1)(A) because they are not in the CPNI Order to revisit and if and long-distance service. We further ‘‘telecommunications services’’; and (2) necessary revise its conclusions concluded that permitting short-haul CPE and most information services do regarding customer expectations as toll to ‘‘float’’ between categories would not fall under section 222(c)(1)(B) those expectations changed in the not confer a competitive advantage because they are not ‘‘services necessary marketplace with advancements in upon either interexchange or local to, or used in, the provision of such technology or as new evidence of the exchange carriers. MCI concludes that telecommunications service.’’ We now evolution of customer expectations the provision of short-haul toll may only find that the phrase ‘‘services necessary becomes available to the Commission. be considered part of carrier’s ‘‘primary to, or used in, the provision of such Such evidence has now been made service category’’ and requests that we telecommunications service’’ should be available to us by the record developed make such a clarification. given a broader reading than the one on reconsideration. 36. We agree with MCI that our prior given in the CPNI Order. The record 39. When evaluated as a whole, the conclusion requires clarification. MCI produced on reconsideration persuades exception can be reasonably interpreted argues that if a local exchange carrier is us that a different statutory to include those products used in the providing local service, then it may use interpretation is permissible, and provision of telecommunications, a customer’s local service CPNI to importantly, would lead to appropriate including directories and CPE. First, we market intraLATA toll to that customer, policy results consistent with the find statutory support for this and vice-versa, and if an interexchange statutory goals. Therefore, we conclude interpretation through the only example carrier is providing long distance that section 222(c)(1)(B) allows carriers Congress included in the exception—the service to a customer, then it may use to use CPNI, without customer approval, publishing of directories. As described that customer’s long distance CPNI to to separately market CPE and many in the CPNI Order, directories are market intraLATA toll to him or her, information services to their customers. ‘‘necessary to and used in’’ the and vice versa. We conclude that short- We further clarify that the tuning and provision of service because without haul toll shall be considered as falling retuning of CMRS units and repair and access to phone numbers, customers within the category of service the carrier maintenance of such units is a service cannot complete calls. A directory is not is already providing to the customer. necessary to or used in the provision of a ‘‘service,’’ but rather, like CPE, is a Long distance carriers providing CMRS service under section product. Consistent with the statutory intraLATA toll service, however, need 222(c)(1)(B). Finally, we deny exception, however, the ‘‘publishing’’ of obtain customer approval to use petitioners’ requests that we forbear the directory is a service—the service by

VerDate 22-SEP-99 18:37 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00069 Fmt 4700 Sfmt 4700 E:\FR\FM\01OCR1.XXX pfrm01 PsN: 01OCR1 53248 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations which the carrier provisions the product 42. The wireline industry has protocol conversion as a necessary to, or used in, the customer’s developed somewhat differently from telecommunications service. Bell telecommunications service. Thus, CMRS and, while the analysis is the Atlantic asserts that protocol Congress’ publishing of directories same, the results concerning how conversions that do not alter the example supports including those carriers may use CPNI accordingly differ underlying information sent and products as well as services provisioned from the wireless industry. No evidence received should not be defined as by the carrier that are used in and has been produced on the record which information services. We do not believe necessary to the customer’s shows that allowing wireline carriers to that protocol conversions should be telecommunications service. We believe market CPE to their customers, using redefined as a telecommunications that our previous interpretation CPNI without customer consent, service but because protocol construed the term ‘‘services’’ in violates customers’ expectations. We are conversions are necessary to the isolation from the phrase ‘‘necessary to, convinced that such usage by carriers provision of the telecommunications or used in.’’ While it is obvious that CPE would be beneficial to customers as new service, in the instances where they are itself is not a service, the provision of and advanced products develop. used, protocol conversions should be CPE is a service that is necessary to, or Therefore, wireline carriers should be included in the group of information used in the provision of the underlying permitted to use CPNI, without services listed above. Accordingly, we telecommunications service. Customers customer approval, to market CPE to grant Bell Atlantic’s request to use CPNI cannot make, or complete, calls without their customers. to market, without customer approval, CPE. This is consistent with Congress’ 43. Within the broader reading of the protocol conversions. example of the publishing of directories statute, we find that certain wireline 3. Petitions for Forbearance in section 222. Therefore, this finding information services should also be concerning CPE is limited to section considered necessary to, or used in, the a. Introduction. 46. In the alternative, 222. Also, the CPE that is included in provision of the underlying many parties urge the Commission to this exception is limited to CPE that is telecommunications service. In the forbear from prohibiting CMRS used in the provision of the CPNI Order, the Commission listed providers and wireline carriers from telecommunications service from which several information services that it using CPNI to market CPE and/or the CPNI is derived. believed should not be considered information services without customer 40. Second, our broader statutory necessary to, or used in, the underlying approval. As we described in detail, telecommunications service: call interpretation appropriately protects the section 10 of the Act requires the answering, voice mail or messaging, customer’s reasonable expectations of Commission to forbear from regulation voice storage and retrieval services, and privacy in connection with CPNI, which when: (1) enforcement is not necessary fax storage and retrieval services. many petitioners argue is the to ensure that the carrier’s charges and Applying the broader reading of the appropriate test for determining the practices are just and reasonable; (2) statute, along with the new evidence on limitations on the use of CPNI without enforcement is not necessary for the the record, we now believe that all of a customer’s approval. We are protection of consumers; and (3) these services should be considered persuaded that CPE and many forbearance is consistent with the public necessary to, or used in, the provision information services properly come interest. of the underlying telecommunications b. CMRS Providers. 47. In the within the meaning of section service because customers have come to 222(c)(1)(B). depend on these services to help them preceding section, we granted the 41. In the wireless context, our make or complete calls. The record petitions for reconsideration to allow regulation of CMRS providers and the indicates that customers have come to CMRS providers to use CPNI, without history of the industry has allowed the expect that their service provider can customer approval, to market CPE and development of bundles of CPE and and will offer these services along with information services to their customers. information services with the the underlying telecommunications Therefore, we deny as moot the underlying telecommunications service. service. Therefore, carriers may use petitions for forbearance from section Thus, information services and CPE CPNI, without customer approval, to 222’s prohibition against CMRS offered in connection with CMRS are market call answering, voice mail or providers using CPNI to market, without directly associated and developed messaging, voice storage and retrieval customer approval, CPE and together with the service itself. Indeed, services, and fax storage and retrieval information services. we are persuaded by the record and our services. c. Wireline Carriers. 48. In the observations of the development of the 44. We continue to exclude from this preceding section, we granted the CMRS market generally that the list, as the Commission did in the CPNI petitions for reconsideration to allow information services and CPE associated Order, Internet access services. There is wireline carriers to use CPNI, without with CMRS are reasonably understood no convincing new evidence on the customer approval, to market CPE and by customers as within the existing record that shows that such services are some information services to their service relationship with the CMRS necessary to, or used in, the making of customers. Therefore, we deny as moot provider. Customers expect to have CPE a call, even in the broadest sense. There the petitions requesting that we forbear and information services marketed to is also no evidence, currently, that from enforcing section 222’s prohibition them along with their CMRS service by customers expect to receive such against wireline carriers to use CPNI to their CMRS provider. Accordingly, we services from their wireline provider, or market CPE and information services conclude that such CPE and information that they expect to use such services in such as call answering, voice mail or services come within the meaning of the way that they expect to receive or messaging, voice storage and retrieval ‘‘necessary to, or used in,’’ the provision use the above-listed services. services, fax storage and retrieval of service. In the CMRS context, carriers 45. We will, however, add protocol services, and protocol conversions. Bell should be permitted to use CPNI, conversions to the list of services that Atlantic has requested that we forbear without customer approval, to market carriers may market using CPNI without from enforcing section 222’s prohibition information services and CPE to their customer approval. In its petition, Bell against using CPNI without prior CMRS customers. Atlantic requests that we redefine customer consent to market all

VerDate 22-SEP-99 10:47 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00070 Fmt 4700 Sfmt 4700 E:\FR\FM\A01OC0.166 pfrm01 PsN: 01OCR1 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53249 information services. We deny this 222 evinces Congress’ intent to strike a incumbent local exchange carrier, often request. balance between competitive and still a BOC, to reach its customers.’’ 49. Section 10(a)(1). The primary customer privacy interests different Because of the competitive advantage focus of the CPNI rules is not, nor ever from that which existed prior to the that many BOCs retain, we concluded has been, intended to ensure reasonable 1996 Act, and thus supports a more that we would not remove certain rates or practices. Therefore, we rigorous approval standard for carrier safeguards designed to protect against determine that enforcement of the use of CPNI than in the prior BOC discrimination despite the restrictions on the use of CPNI to market Commission Computer III framework.’’ competitive ISP marketplace. We reach those information services that are not More specifically, we concluded that an a similar conclusion here: giving ‘‘necessary to, or used in, the provision opt-out scheme does not provide any wireline carriers, particularly ILECs, the of’’ telecommunications services are not assurance that consent for the use of a right to use CPNI without affirmative necessary to ensure that the charges, customer’s CPNI would be informed, customer approval to market Internet practices, classifications, or regulations and found that opt-out does not access services could damage the are just and reasonable and are not adequately protect customer privacy competitive Internet access services unjustly or unreasonably interests. Bell Atlantic, therefore, is market at this point in time. discriminatory. incorrect in its assertion that our Accordingly, we deny Bell Atlantic’s 50. Section 10(a)(2). We are unable to conclusions in Computer III dictate our petition for forbearance on this issue. conclude that forbearing from findings relating to the public interest. d. Forbearance from all CPNI Rules enforcement of restrictions on the use of We also conclude that the record on for CMRS Providers. 53. A few parties CPNI for marketing all information forbearance suggested here does not urge the Commission to forbear from services would satisfy the second convince us that the privacy goals of the imposing any CPNI obligations on criterion. We note, however, that the statute are met where carriers can use CMRS providers. Forbearance from ‘‘integrated’’ services that Bell Atlantic CPNI without express customer enforcing all CPNI rules against CMRS identifies include the information approval to sell services outside the carriers, according to one petitioner, services which we have found above to existing customer-carrier relationship. will permit many beneficial and pro- be necessary to, or used in, the We accordingly find that Bell Atlantic’s competitive marketing practices to provision of the underlying request for forbearance of section 222’s continue. The Commission must forbear telecommunications service. We have, affirmative approval requirement is from enforcing its rules or any statutory on reconsideration, identified those generally inconsistent with the public provision where the criteria of the types of information services for which interest. Customers who are interested forbearance test, set out in Part V.A.3 our broader interpretation of section in obtaining more information can are satisfied. We deny this request. 54. Section 10(a)(1). As we have 222(c)(1)(B) is more in line with arrange to do so easily by granting customer expectations and previously stated, the primary focus of consent for their carriers’ use of CPNI. congressional intent. For these services, the CPNI rules is not, nor ever has been, We have found no public interest forbearance is not necessary. With intended to ensure reasonable rates or benefits that would outweigh these regard to other information services practices. Therefore, we determine that concerns. such as Internet access, we find that enforcement of the CPNI rules for CMRS enforcing section 222(c)(1)(B) is still 52. Pursuant to section 10(b) of the carriers is not necessary to ensure that necessary to protect consumers. Act, we have evaluated whether the charges, practices, classifications, or Requiring prior consent protects forbearance from the prior consent regulations are just and reasonable and customers in many instances where they requirement will promote competitive are not unjustly or unreasonably would not realize potentially sensitive, market conditions, including the extent discriminatory. personal information had been accessed to which forbearance will enhance 55. Section 10(a)(2). We are unable to or used. As noted above, there is no competition among providers of find that CMRS customers’ privacy evidence, currently, that customers telecommunications services. As we interests would be adequately protected expect to receive such services from concluded above, the ability to use CPNI absent section 222 and the rules their wireline provider, or that they from an existing service relationship to promulgated in this proceeding. We are expect to use such services in the way market new services to a customer concerned, for example, that customers that they expect to receive or use more bestows an enormous competitive would be harmed by elimination of the integrated services. Nor are we aware of advantage for those carriers that restriction on carriers’ use of CPNI to any other law, regulation, agency or currently have a service relationship identify or track customers who call state requirement that would substitute with customers, particularly incumbent competing service providers contained for the effectiveness of a prior consent exchange carriers and interexchange in section 64.2005(b)(1) of our rules. requirement, which protects customer carriers with a large existing customer Section 222 and our implementing rules privacy expectations by placing the base. This, in turn, poses a significant protect customers in many instances control over the use of CPNI for risk to the development of competition. where they would not realize purposes of marketing non-integrated Therefore, to the extent that Bell potentially sensitive, personal information services in the hands of the Atlantic is requesting forbearance from information had been accessed or used. customer. section 222’s restrictions on the use of Moreover, we would be remiss in our 51. Section 10(a)(3). We concluded in CPNI to market Internet access service, duty under the statute if we created an the CPNI Order, however, that ‘‘[u]nlike we find that such forbearance would environment in which CMRS customers’ the Commission’s pre-existing policies neither promote competition nor only recourse was to switch carriers under Computer III, which were largely enhance competition among after discovering that their CPNI had intended to address competitive telecommunications service providers. been used without authorization. Nor concerns, section 222 of the Act For instance, we recently stated that, are we aware of any other law, explicitly directs a greater focus on although many Internet service regulation, agency or state requirement protecting customer privacy and providers (ISPs) ‘‘compete against one that would substitute for the control.’’ We further concluded that another, each ISP must obtain the effectiveness of our rules implementing ‘‘[t]his new focus embodied in section underlying basic services from the section 222. Consequently, the second

VerDate 22-SEP-99 10:47 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00071 Fmt 4700 Sfmt 4700 E:\FR\FM\A01OC0.167 pfrm01 PsN: 01OCR1 53250 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations criterion for forbearance has not been 2. ‘‘Winback’’ the same service to a former customer is met. a. Discussion. 59. Petitioners an indefensible stretch of the total 56. Section 10(a)(3). We do not find challenge the winback restrictions on a service approach. 61. Because customer expectations that forbearance from section 222 and variety of grounds. On reconsideration, form the basis of the total service our CPNI rules for all CMRS providers we conclude that all carriers should be approach, they properly influence our is consistent with the public interest. able to use CPNI to engage in winback understanding of the statute, a goal of Complete forbearance would eliminate marketing campaigns to target valued former customers that have switched to which is to balance competitive section 222’s procedures for the concerns with those of customer protection of both customers and other carriers. After reviewing the fuller record on this issue developed on privacy. Customers expect carriers to carriers, such as the process for attempt to win back their business by reconsideration, we are persuaded that transferring CPNI from a former carrier offering better-tailored service packages, winback campaigns are consistent with to a new carrier pursuant to a and that such precise tailoring is most section 222(c)(1) and in most instances customer’s written request and the effectively achieved through the use of facilitate and foster competition among obligation to protect carrier proprietary CPNI. Winback restrictions may deprive carriers, benefiting customers without information. Pursuant to section 10(b) of customers of the benefits of a unduly impinging upon their privacy the Act, we have evaluated whether competitive market. Winback facilitates rights. Accordingly, we reverse our forbearance from section 222 for CMRS direct competition on price and other position and eliminate rule carriers will promote competitive terms, for example, by encouraging 64.2005(b)(3). market conditions, including the extent carriers to ‘‘out bid’’ each other for a 60. On reconsideration, we believe to which forbearance will enhance customer’s business, enabling the that section 222(c)(1)(A) is properly competition among providers of customer to select the carrier that best construed to allow carriers to use CPNI telecommunications services. On suits the customer’s needs. balance, we find that forbearance from to regain customers who have switched 62. Some commenters argue that the full range of CPNI protections would to another carrier. While section ILECs should be restricted from undermine consumer privacy to an 222(c)(1) is susceptible to different engaging in winback campaigns, as a interpretations, we now think that the extent that outweighs the potential matter of policy, because of the ILECs’ better reading of this language permits benefits demonstrated on the record in unique historic position as regulated use of CPNI of former customers to terms of carrier cost savings. Therefore, monopolies. We believe that such action market the same category of service we conclude that there is insufficient by an ILEC is a significant concern from which CPNI was obtained to that basis for a public interest finding under during the time subsequent to the former customer. We agree with those the third criterion. customer’s placement of an order to petitioners who argue that the use of change carriers and prior to the change C. Use of CPNI to Market to Former and CPNI in this manner is consistent with actually taking place. Therefore, we ‘‘Soon-to-be Former’’ Customers both the language and the goals of the have addressed that situation at Part statute. Section 222(c)(1)(A) permits the 1. Background V.C.3. However, once a customer is no use of CPNI in connection with the longer obtaining service from the ILEC, 57. The CPNI Order adopted section ‘‘provision of the telecommunications the ILEC must compete with the new 64.2005(b)(3) to prohibit a carrier from service from which the information is service provider to obtain the using or accessing CPNI to regain the derived.’’ The marketing of service customer’s business. We believe that business of a customer who has offerings within a given presubscribed such competition is in the best interest switched to another provider. The telecommunications service is of the customer and see no reason to Commission decided as a matter of encompassed within the ‘‘provision of’’ prohibit ILECs from taking part in this that service. In developing the total statutory interpretation that once a practice. service approach, the Commission customer terminates service from a 63. We are also unpersuaded by the recognized that marketing is implicit in carrier, CPNI derived from the allegations that an incumbent carrier’s the term ‘‘provision’’ as used in section previously subscribed service may not use of CPNI in winback campaigns 222(c)(1). The CPNI Order stated that be used to retain or regain that amounts to a predatory practice ‘‘we believe that the best interpretation customer. Specifically, the Commission designed to prevent effective market of section 222(c)(1) is the total service foreclosed the use of CPNI for customer entry by new competitors. Contrary to approach, which affords carriers the retention purposes under section the commenters’ suggestions, we believe right to use or disclose CPNI for, among such use of CPNI is neither a per se 222(c)(1) because it felt such use was other things, marketing related offerings violation of section 201 of the not carried out in the ‘‘provision of’’ within customers’ existing service for Communications Act, as amended, nor service, but rather, for the purpose of their benefit and convenience.’’ While the antitrust laws. Prior to the adoption retaining a customer that has already we recognize that this discussion in the of the rules promulgated under 1996 taken steps to change its provider. The CPNI Order also referred to the Act, incumbent carriers were able to use CPNI Order also precluded the use of customer’s ‘‘existing’’ service, we now CPNI to regain customers lost to CPNI under section 222(d)(1), insofar as conclude upon further reflection that competitors. Assuming incumbent LECs such use would be undertaken to market our focus should not be so limited. have sufficient market power to engage a service, rather than to ‘‘initiate’’ a Common sense tells us that customers in predatory strategies, they are service within the meaning of that are aware of and expect that their former constrained in their ability to raise and provision. carrier has information about the lower prices by our tariff rules and non- 58. A significant majority of the services to which they formerly discrimination requirements. Because petitioners have requested that the subscribed. Businesses do not winback campaigns can promote Commission reconsider or forbear from customarily purge their records of a competition and result in lower prices the restrictions of section 64.2005(b)(3), customer when that customer leaves. to consumers, we will not condemn which has been referred to as the We therefore disagree with the assertion such practices absent a showing that ‘‘winback’’ prohibitions. that extending winback marketing for they are truly predatory.

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64. Thus, we conclude that the statute Slamming Order, 64 FR 9219, February ensure just, reasonable, and permits a carrier evaluating whether to 24, 1999, the Commission stated that nondiscriminatory rates. launch a winback campaign to use CPNI pursuant to section 222(b), the carrier 74. We agree that the primary focus of to target valued former customers who executing a change ‘‘is prohibited from the CPNI rules is not, nor ever has been, have switched service providers. using such information to attempt to intended to ensure reasonable rates or 65. An important limitation derived change the subscriber’s decision to practices. Therefore, we determine that from the statutory language is that the switch to another carrier.’’ Thus, where enforcement of section 222’s prohibition carrier may use CPNI of the former a carrier exploits advance notice of a against allowing a carrier to use customer to offer that customer the customer change by virtue of its status proprietary information that it receives service or services to which the as the underlying network-facilities or by virtue of fulfilling carrier-to-carrier customer previously subscribed. It service provider to market to that orders in a ‘‘wholesale’’ capacity is not would be inconsistent with the total customer, it does so in violation of necessary to ensure that the charges, service approach for a carrier to use section 222(b). We concede that in the practices, classifications, or regulations such CPNI to offer new services outside short term this prohibition falls squarely are just and reasonable and are not the former customer-carrier on the shoulders of the BOCs and other unjustly or unreasonably relationship. ILECs as a practical matter. As discriminatory. 66. Some petitioners assert that competition grows, and the number of 75. Section 10(a)(2). Petitioners assert winback is permissible under the facilities-based local exchange providers that retention restrictions are not exceptions enumerated in Section increases, other entities will be necessary to protect customers 222(d)(1) that allow the use of CPNI restricted from this practice as well. generally. Although we agree that without customer approval to ‘‘render’’ 70. We agree that section 222(b) is not privacy concerns are not particularly or ‘‘initiate’’ service. Based upon our violated if the carrier has independently jeopardized in winback situations, decision that the use of CPNI to winback learned from its retail operations that a generally, that does not mean that customers is consistent with section customer is switching to another carrier; enforcement of this restriction is 222(c)(1), we decline to reach these in that case, the carrier is free to use unnecessary to protect customers. arguments. Similarly, we need not CPNI to persuade the customer to stay, Rather, we conclude that consumers’ address arguments concerning the consistent with the limitations set forth substantial interests in a competitive constitutionality of, propriety under the in the preceding section. We thus and fair marketplace would be APA, and forbearance from, the former distinguish between the ‘‘wholesale’’ undermined if this restriction was not rule. Consequently, we eliminate and the ‘‘retail’’ services of a carrier. If enforced. Consequently, the second § 64.2005(b)(3). We therefore do not the information about a customer switch criterion is not satisfied. need to reach the clarification petitions were to come through independent, 76. Section 10(a)(3). Finally, submitted on the former rule. retail means, then a carrier would be petitioners contend that customer retention is in the public interest. We 3. Retention of Customers free to launch a ‘‘retention’’ campaign under the implied consent conferred by are not persuaded, however, that a. Background. 67. As noted above, section 222(c)(1). permitting carriers to unfairly use the CPNI Order also prohibited a c. Petitions for Forbearance. 71. A information that they obtain in a carrier’s access to or the use of the CPNI number of petitioners seek forbearance ‘‘wholesale’’ capacity is in the public’s of a ‘‘soon-to-be-former’’ customer to from restrictions that limit the ability of interest. We conclude that there is market the same services to retain that a carrier to retain a soon-to-be former insufficient basis for a public interest customer. The CPNI Order did not customer who has indicated an intent to finding in this instance under the third distinguish between marketing for the switch carriers. Petitioners request criterion. Therefore, we deny the purpose of retaining customers versus forbearance from the application of forbearance petitions on this issue. regaining them. As explained above, on rules prohibiting retention marketing, D. Disclosure of CPNI to New Carriers reconsideration, we believe that use of however, as part of their overall requests When a Customer is ‘‘Won’’ CPNI to regain former customers falls that the Commission forbear from within the ambit of section 222(c)(1). applying winback restrictions generally. 77. In the CPNI Order we definitively We conclude here that use of CPNI to Because the Commission has revised its concluded that the term ‘‘initiate’’ in retain customers ordinarily does not interpretation and eliminated rule section 222(d)(1) does not require that a come under section 222(c)(1), and in 64.2005(b)(3), that portion of their customer’s CPNI be disclosed by a such instances would likely violate petitions is moot. carrier to a competing carrier who has section 222(b). 72. Section 10 of the Act requires the ‘‘won’’ the customer as its own. We b. Discussion. 68. We conclude that Commission to forbear from regulation found that section 222(d)(1) applies section 222 does not allow carriers to when: (1) enforcement is not necessary only to carriers already possessing the use CPNI to retain soon-to-be former to ensure that the carrier’s charges and CPNI, within the context of the existing customers where the carrier gained practices are just and reasonable; (2) service relationship, and not to any notice of a customer’s imminent enforcement is not necessary for the other carriers merely seeking access to cancellation of service through the protection of consumers; and (3) CPNI. We noted, however, that section provision of carrier-to-carrier service. forbearance is consistent with the public 222(c)(1) does not prohibit carriers from We conclude that competition is interest. For the reasons discussed disclosing CPNI to competing carriers harmed if any carrier uses carrier-to- below, we conclude the forbearance upon customer approval. Accordingly, carrier information, such as switch or standard has not been met to the extent we reasoned that although an PIC orders, to trigger retention that carriers would seek to use CPNI to incumbent carrier is not required to marketing campaigns, and consequently regain a soon-to-be former customer, disclose CPNI pursuant to section prohibit such actions accordingly. precipitated by the receipt of a carrier- 222(d)(1) or section 222(c)(2) absent an 69. The Commission previously to-carrier order. affirmative written request, local determined that carrier change 73. Section 10(a)(1). Petitioners assert exchange carriers may need to disclose information is carrier proprietary that limiting the use of CPNI in a customer’s service record upon oral information under section 222(b). In the retention efforts is not necessary to approval of a customer to a competing

VerDate 22-SEP-99 10:47 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00073 Fmt 4700 Sfmt 4700 E:\FR\FM\A01OC0.169 pfrm01 PsN: 01OCR1 53252 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations carrier prior to its commencement of requesting carrier ‘‘needing it to initiate Clarification Order made it clear that service as part of a local exchange service. MCI has not provided any carriers that have complied with the carrier’s section 251(c)(3) and (c)(4) reasonable basis for altering these Computer III notification and prior obligations. In this way, we concluded, conclusions. Further, we are not written approval requirements in order section 222(c)(1) permits the sharing of persuaded by MCI’s unsupported to market enhanced services to business customer records necessary for the request that section 202(a) would customers with more than 20 access provisioning of service by a competitive require such relief. Accordingly, we lines are also in compliance with carrier. Finally, we also noted that a deny MCI’s request. section 222 and the Commission’s rules. carrier’s failure to disclose CPNI to a 82. Fourth, MCI further argues that if CompTel and LCI request that the competing carrier that seeks to initiate the Commission does not grant any of Commission reverse the Clarification service to that customer who wishes to the relief requested, then it should allow Order’s conclusion. We decline to do so subscribe to a competing carrier’s carriers to notify customers that their for the reasons discussed below and, in service, may well constitute an failure to approve the disclosure of fact, hereby adopt the Clarification unreasonable practice in violation of CPNI to a new carrier may disrupt the Order. section 201(b), depending on the installation of any new service they may 85. As discussed in the Clarification circumstances. request. As MCI has not persuaded us, Order, the framework established under 78. We reject MCI’s various requests however, that a customer’s failure to the Commission’s Computer III regime, for disclosure of CPNI by former approve such a disclosure may disrupt prior to the adoption of section 222, carriers, without customer approval, to the installation of service, we deny governed the use of CPNI by the BOCs, new carriers to enable the new carriers MCI’s request. AT&T, and GTE to market CPE and to initiate service. We deny MCI’s 83. Finally, MCI requests that the enhanced services. Under this petition in this regard. Commission ‘‘reconfirm’’ that CPNI is framework, those carriers were obligated 79. First, MCI and TRA ask that we an unbundled network element ‘‘that to: (1) provide an annual notification of find that section 222(d)(1) allows ‘‘one BOCs and other ILECs must provide to CPNI rights to multi-line customers carrier to disclose CPNI to another to all requesting carriers under section regarding enhanced services, as well as enable the latter to initiate service 251(c)(3) of the Act.’’ This is not a fair a similar notification requirement that without customer approval’’ thereby characterization of the CPNI Order’s applied only to the BOCs regarding CPE; reversing our conclusion in the CPNI conclusion. Rather, the CPNI Order held and (2) obtain prior written Order. Neither MCI nor TRA has that local exchange carriers may need to authorization from business customers presented any new facts or arguments disclose a customer’s service record with more than 20 access lines to use that the Commission did not fully upon oral approval of a customer to a CPNI to market enhanced services. The consider in the CPNI Order regarding competing carrier prior to its CPNI Order, however, replaced the the interpretation of section 222(d)(1). commencement of service as part of a Computer III CPNI framework in all We therefore deny MCI and TRA’s local exchange carrier’s section 251(c)(3) material respects. In its place, the CPNI request that we reverse this portion of and (c)(4) obligations. This conclusion Order established requirements the CPNI Order. does not indicate, as MCI has implied, compelling carriers to provide 80. Second, MCI also requests that the that CPNI is an unbundled network customers with specific one-time Commission, in any case, find that element subject to section 251(c)(3)’s notifications prior and proximate to section 222(c)(1) authorizes the unbundling requirements separate from soliciting express written, oral, or disclosure of CPNI without customer the Commission’s requirement that electronic approval for CPNI uses approval. We find that MCI’s request is incumbent carriers provide unbundled beyond those set forth in sections contrary to our conclusion in the CPNI access to operations support systems 222(c)(1)(A) and (B). The CPNI Order Order that the language of 222(c)(1)(A) and the information they contain. further established an express approval reflects Congress’ judgment that Therefore, MCI incorrectly concludes mechanism for such solicitations as it is customer approval for carriers to use, that the CPNI Order found that CPNI is the ‘‘best means to implement this disclose, and permit access to CPNI can an unbundled network element. In any provision because it will minimize any be inferred in the context of an existing case, the United States Supreme Court unwanted or unknowing disclosure of customer relationship. We reasoned that recently concluded that the CPNI’’ and will also ‘‘limit the potential such an inference is appropriate because for untoward competitive advantages by the customer is aware that his or her Commission’s unbundling rule, § 51.319 of the Commission’s rules, should be incumbent carriers.’’ carrier has access to CPNI, and, through 86. The Clarification Order noted that, vacated. As a result, the Commission subscription to the carrier’s service, has like the requirements established in the reopened CC Docket 96–98 to refresh implicitly approved the carrier’s use of CPNI Order, ‘‘the notification obligation the record on the issues of (1) how, in CPNI within the existing relationship. established by the Computer III light of the Supreme Court ruling, the We are not persuaded that the framework required, among other disclosure of CPNI to a different carrier Commission should interpret the things, that carriers provide customers to initiate service without customer standards set forth in section 251(d)(2) with illustrative examples of enhanced approval for that disclosure would be of the Telecommunications Act of 1996; services and CPE, expanded definitions contemplated by a customer as a and (2) which specific network elements of CPNI and CPE, information about a carrier’s use of his or her CPNI within the Commission should require customer’s right to restrict CPNI use at the existing customer-carrier incumbent LECs to unbundle. any time, information about the relationship. As such, we deny MCI’s VI. ‘‘Approval’’ Under Section 222(c)(1) effective duration of requests to restrict request. CPNI, and background information to 81. Third, MCI also asserts that A. Grandfathering Pre-existing enable customers to understand why sections 272, 201(b), and 202(a) require Notifications they were being asked to make decisions BOCs and other ILECs that disclose 84. On May 21, 1998, the Common about their CPNI.’’ The Clarification CPNI to affiliates without customer Carrier Bureau released the Clarification Order determined that these Computer approval in order to initiate service to Order clarifying several issues in the III notifications comply materially with likewise disclose CPNI to any other CPNI Order. Among other things, the the form and content of the notices

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Accordingly, rights AT&T has offered to distribute. presented no new circumstances that the Clarification Order concluded that Accordingly, we find that AT&T may warrant reversal of the Commission’s carriers that complied with the continue to rely on the approvals given, conclusion that the requirement of Computer III notification and prior provided the approvals were obtained in affirmative consent is consistent with written approval requirement in order to the manner detailed above, so long as Congressional intent, as well as with the market enhanced services to such AT&T supplements those approvals principles of customer control and carriers are also in compliance with with a written notice to customers of convenience. Nor has Omnipoint shown section 222 and the Commission’s rules. their rights including an explanation that wireless carriers should not be 87. We agree with the Bureau that that they have the right to withdraw subject to the requirement of affirmative carriers that have complied with the their approval. consent. Computer III notification and prior 96. We conclude, however, that the 90. Other than AT&T, the parties in Commission should not attempt to written approval requirements in order this proceeding have not provided to market enhanced services to certain micro-manage the methods by which sufficient detail describing their carriers meet their obligations to secure large business customers should be solicitations for the Commission to deemed in compliance with section 222 customer consent. As long as the carrier make a determination of material can show that the rules previously and the Commission’s rules. For the compliance. We urge them to examine reasons stated in the Clarification Order, promulgated, which ensure that the the showing made by AT&T as customer has been clearly notified of his we agree that the Computer III discussed above. We will accept further framework required carriers to provide or her right to refuse consent before the waiver requests that are materially these large business customers with CPNI is used and that the notification compliant with section 222, provided adequate notice and obtain express, clearly informs the customer of the the carriers requesting waivers can make affirmative approval in material consequences of giving or refusing a showing similar to the one made by compliance with the form and content consent, have been complied with, the AT&T. of those required by section 222 and the consent will be effective. However, we Commission’s rules. Although it is true B. Oral and Written Notification note that those rules are specific in the that the Computer III consents were requirements for written notification, 1. Background given prior to the advent of local e.g., that the notice must be clearly competition, we believe that the 91. Section 64.2007 of the legible, use sufficiently large type, and detailed notice and express, affirmative Commission’s Rules sets out several be placed in an area so as to be readily consent required under that regime requirements for carriers who wish to apparent to the customer. We intend to compensate for this deficiency. obtain a customer’s consent for the use be vigilant in enforcing these rules, as Moreover, we are not persuaded by of that customer’s CPNI. Vanguard we have in enforcing the rules against CompTel’s assertion that the BOCs requests that the Commission clarify the slamming, which similarly provide for warnings that they may have to change requirements established in the Order clear and unambiguous notice to the the customer’s account representatives for telecommunications providers telephone subscriber who signs a letter put undue pressure on these business seeking customer consent for the use of of agency for authorizing a change in his customers to relent. Finally, we also CPNI. Vanguard expresses concern that or her primary interexchange carrier. conclude that although some of the the rules will hinder providers from This policy is also consistent with the Computer III annual notifications may obtaining consent at the time of the Commission’s recent action to help not have been ‘‘proximate to’’ the carrier execution of initial customer ensure that consumers are provided solicitations as required by section 222, agreements. with essential information in phone bills in a clear and conspicuous manner. the Computer III regime’s annual 92. GTE requests clarification of the notification requirement and limitation We will entertain complaints that ‘‘one-time’’ notification rules, noting carriers have not met these requirements to business customers with more than that, under § 64.2007(f)(3), solicitation 20 access lines—requirements that we on a case-by-case basis. of approval to use CPNI must be 97. We clarify, at Vanguard’s request, note are more stringent than required by proximate to the notification of a section 222—materially satisfy the that its plan for obtaining consent at the customer’s CPNI rights. GTE requests concerns we intended to address by the time of the execution of initial customer that the Commission ‘‘clarify that proximate notification requirement agreements would be appropriate written notice followed proximately by promulgated in the CPNI Order. As assuming Vanguard provides ‘‘complete either written or oral solicitation is such, we agree with the Bureau that the disclosure’’ prior to seeking customer sufficient and is consistent with the Computer III notifications are in approval as required by section FCC’s finding that ‘one-time’ notice is material compliance with section 222 64.2007(f) of the Commission’s rules, sufficient.’’ GTE contends that this and the Commission’s rules, and adopt and is otherwise compliant with the would require amending § 64.2007(f)(4). the reasoning and conclusions of the remainder of section 64.2007. In other Clarification Order as our own. 93. SBC also requests that the words, seeking customer consent at the 88. Other carriers request that the Commission clarify that written time of execution of initial customer Commission ‘‘grandfather’’ notification followed by either an oral or agreements is not prohibited by our authorizations obtained subsequent to written solicitation for approval is rules. We also concur with U S WEST’s the enactment of section 222, but prior appropriate under the one-time assertion, however, that carriers should to the promulgation of rules in the CPNI notification scheme. be left with flexibility in implementing Order. 94. Omnipoint requests that, for our rules. Accordingly, Vanguard’s 89. We conclude, based upon the CMRS providers, the Commission proposal is merely one option among evidence presented in the record of this replace its ‘‘opt-in’’ requirement for many that could comply with our rules.

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98. Moreover, in keeping with our preemption in the CPNI Order. They implement software systems that ‘‘flag’’ desire to avoid micro-management of assert that the proposed Texas rule is in customer service records in connection the notification and authorization conflict with the CPNI Order and the with CPNI, and maintain an electronic process, we shall grant SBC, Frontier, Commission’s rules. That Texas, or any audit mechanism (‘‘audit trail’’) that and GTE’s requests that we eliminate other state, might implement CPNI rules tracks access to customer accounts. In § 64.2007(f)(4) of the Commission’s that may be in conflict with our rules addition, the CPNI Order stated that rules. was certainly considered in the CPNI carriers were to: train their employees as to when it would be permissible to C. Preemption of State Notification Order. If such an event occurs, AT&T, access customers’ CPNI; establish a Requirements GTE, or any other party may request that we preempt the alleged conflicting supervisory review process that ensures 99. In the CPNI Order, we declined to rules. We will then consider the specific compliance with CPNI restrictions when exercise our preemption authority, circumstances at that time. conducting outbound marketing; and, although we concluded that in on an annual basis, submit a connection with CPNI regulation we D. Details of CPNI Notice certification signed by a current ‘‘may preempt state regulation of 102. Section 64.2007 of our rules corporate officer attesting that he or she intrastate telecommunications matters establishes the minimum form and has personal knowledge that the carrier where such regulation would negate the content requirements of the notification is in compliance with the Commission’s Commission’s exercise of its lawful a carrier must provide to a customer requirements. Because the Commission authority because regulation of the when seeking approval to use CPNI. anticipated that carriers would need interstate aspects of the matter cannot Section 64.2007(f)(2)(ii) requires that the time to conform their data systems and be severed from the intrastate aspects.’’ notification must specify, inter alia, ‘‘the operations to comply with the software Rather, we stated that we would types of information that constitute flags and electronic audit mechanisms examine any conflicting state rules on a CPNI’’ and ‘‘the specific entities’’ that required by the Order, we deferred case-by-case basis once the states have will receive it. GTE requests that the enforcement of those rules until eight had an opportunity to review the Commission clarify the rule to permit months from when the rules became requirements we adopted in the CPNI carriers to avoid exhaustively specifying effective: specifically, January 26, 1999. Order. At that time we noted that state all types of CPNI and all of a carrier’s 105. Following the release of the CPNI rules that are vulnerable to preemption subsidiaries and affiliates that may Order, several petitioners sought are those that (1) permit greater carrier receive CPNI. We decline to do so. The reconsideration of a variety of issues, use of CPNI than section 222 and the minimum requirements of § 64.2007 including the decision to require Commission’s rules allow, or (2) seek to were not crafted to provide precise carriers to implement the use of flags impose additional limitations on guidance, but rather as general notice and audit trails. Other carriers sought carriers’ use of CPNI. We also indicated, requirements. The rule seeks to strike an reconsideration of the CPNI Order’s however, that state rules that would not appropriate balance between giving employee training and discipline directly conflict with the balance or carriers flexibility to craft CPNI notices requirement in § 64.2009(b) of the goals set by Congress were not tailored to their business plans and Commission’s rules, as well as the vulnerable to preemption. ensuring that customers are adequately supervisory review requirement in 100. On reconsideration, we affirm informed of their CPNI rights. § 64.2009(d) of the Commission’s rules. our decision to exercise our preemption 103. Thus, at a minimum, a carrier On September 24, 1998, in response to authority on a case-by-case basis. While must inform a customer of the types of concerns raised by a number of parties, it is possible that states might impose CPNI it intends to use. We wish to the Commission ruled in the Stay Order additional CPNI conditions that could ensure that any decision by a customer that it would not seek enforcement require the expenditure of resources, we to grant or deny approval is fully actions against carriers regarding conclude it would be inappropriate for informed and that we reduce the compliance with the CPNI software the Commission to speculate in this potential for carrier abuse. Also, to the flagging and audit trail requirements as proceeding about what such conditions extent a carrier intends to disseminate a set forth in 47 CFR 64.2009(a) and (c) might be and how much compliance customer’s CPNI, the customer has a until six months after the release date of might cost. We note that while deciding right to know the entities that will this order on reconsideration. We to address preemption requests on a receive the CPNI derived from his or her concluded that it serves the public case-by-case basis, we reserve the right calling habits. Contrary to GTE’s interest to extend the deadline for the to consider the potential costs and assertion, we don’t believe that a initiation of enforcement of the software burdens imposed by any state customer necessarily will be confused flagging and audit trail rules so that the requirements that would apply by the name of the recipient. Commission could ‘‘consider recent retroactively. For these same reasons, Importantly, the customer should have proposals to tailor our requirements we also deny GTE’s request that we find the option of restricting access to CPNI more narrowly and to reduce burdens that ‘‘additional CPNI use restrictions on the industry while serving the among the carrier’s intended recipients will be expeditiously preempted, purposes of the CPNI rules.’’ of his or her personal information. particularly where other federal statutes, 106. On November 9, 1998, PCIA filed such as 47 U.S.C. 227(c), already VII. Safeguards Under Section 222 a petition for reconsideration of the Stay address customer privacy concerns.’’ Order requesting that the Commission 101. Neither AT&T nor GTE has A. Background retract the additional requirement for presented any new facts or arguments 104. In the CPNI Order, the deployment of systems pending the that require us to reconsider our prior Commission concluded that ‘‘all Commission’s reconsideration of the ruling. Both GTE and AT&T point to the telecommunications carriers must CPNI Order. We deny PCIA’s petition, Comments of the Texas Public Utility establish effective safeguards to protect however, as we have granted, in part, Commission, which describe and attach against unauthorized access to CPNI by the petitions for reconsideration with a CPNI rule under consideration by the their employees or agents, or by respect to the flagging and audit trail Texas Commission, as support for the unaffiliated third parties.’’ To this end, requirements. Thus, although new need to reconsider our conclusion on we required carriers to develop and systems implemented prior to the

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Commission to create individual efforts and their plans to stabilize their 110. We also reject NTCA’s argument systems which ensure that their networks over the Y2K conversion. We that our description of the projected employees check each customer’s CPNI expect, however, that the increased reporting, record-keeping, and other approval status prior to any use of that flexibility, reduction in compliance compliance requirements of the rule we customer’s CPNI for out of category burden and additional time for proposed in the NPRM was inaccurate. marketing. Accordingly, we amend implementation that we grant here will As we described, the NPRM tentatively section 64.2009(a) of our rules to state concluded that we would not require greatly reduce the risk of such impact. that telecommunications carriers must carriers other than AT&T, the BOCs, and Thus, and in light of the facts before us, implement a system by which the status GTE to implement specified safeguard we believe that our rules will have no of a customer’s CPNI approval can be significant detrimental effect on carriers’ requirements as those carriers had been clearly established prior to the use of Y2K efforts. We conclude that it is in required to under Computer III. Thus, CPNI. This modification will permit all the public interest to extend the stay the NPRM’s Initial Regulatory carriers to develop and implement a period an additional two months so as Flexibility Analysis correctly stated that not to impede those efforts for carriers there were no projected reporting, system that is suitable to, among other that chose to implement electronic record-keeping, or other compliance things, its unique size, capital resources, safeguards under the modified rules. requirements for small business entities culture, and technological capabilities. Accordingly, the Commission will not as a result of the NPRM. E. The Audit Trail Requirement seek enforcement actions against C. Evidence of Cost of Compliance carriers regarding compliance with 113. We also agree with the sections 64.2009(a) and (c) of the 111. When we established the flagging petitioners, based upon the new Commission’s rules until eight months and audit trail requirements in the CPNI evidence before us, that we should after the release date of this order on Order, the evidence before us was that modify the CPNI Order’s electronic reconsideration. carriers could, with relative ease, audit trail requirement. This 107. An industry coalition (Coalition) modify their systems to accommodate requirement was broadly intended to comprised of a combination of thirty- these requirements. Based upon many of track access to a customer’s CPNI one industry representatives has the petitions filed on reconsideration, account, recording whenever customer proposed specific amendments to however, it does not appear that all of records are opened, by whom, and for §§ 64.2009(a), 64.2009(c), and the relevant facts were before the what purpose. As AT&T points out, the Commission at that time. Numerous 64.2009(e) of the Commission’s rules CPNI Order’s electronic audit trail petitioners have now presented (Coalition Proposal). After consideration requirement would generate ‘‘massive’’ evidence that the safeguards we adopted of this proposal and other comments in data storage requirements at great cost. would be costly to implement. the record, we adopt modifications to As it is already incumbent upon all our flagging and audit trail D. The Flagging Requirement carriers to ensure that CPNI is not requirements. 112. Upon reconsideration, based misused and that our rules regarding the B. Notice upon the new evidence before us, we use of CPNI are not violated we 108. In the NPRM, we tentatively agree with the petitioners that we conclude that, on balance, such a concluded that ‘‘all telecommunications should modify the flagging requirement potentially costly and burdensome rule carriers must establish effective promulgated in the CPNI Order for all does not justify its benefit. As an safeguards to protect against carriers. The goal of the CPNI flagging alternative to the CPNI Order’s unauthorized access to CPNI by their rule is to ensure that carriers are aware electronic audit trail requirement, the employees or agents, or by unaffiliated of the status of, and observe, a Coalition has proposed that we require third parties.’’ We further noted that we customer’s CPNI approval status prior to the creation of such a record, but only previously required AT&T, the BOCs, any use of that customer’s CPNI. The with respect to ‘‘marketing campaigns.’’ and GTE to implement computerized Coalition proposes that we modify our We find that the Coalition proposal is safeguards and manual file indicators to rule to require carriers to train their too narrow because, as MCI noted in an prevent unauthorized access to CPNI, marketing personnel to determine a ex parte meeting with the Common and sought comment on whether such customer’s CPNI status prior to using Carrier Bureau, many carriers safeguards should continue to apply to that customer’s CPNI for ‘‘out of distinguish between ‘‘sales’’ and those carriers. The NPRM also category’’ marketing, and to make ‘‘marketing.’’ We determine that carriers tentatively concluded that we should customer approval status available to must maintain a record, electronically not specify safeguard requirements for such personnel in a readily accessible or in some other manner, of their sales other carriers, but sought comment on and easily understandable format. As is and marketing campaigns that use CPNI. the issue. only now evident from the new The record must include a description 109. We reject CompTel’s assertion evidence presented on reconsideration, of each campaign, the specific CPNI that that the Commission failed to give implementation of the flagging rules was used in the campaign, the date and adequate notice of the ‘‘systems promulgated in the CPNI Order will purpose of the campaign, and what modifications’’ announced in the CPNI require significant expenditures of products or services were offered as part Order because, in fact, the NPRM stated monetary and personnel resources for of the campaign. We will also require that the Commission might require most carriers, regardless of size. carriers to retain the record for a carriers other than AT&T, the BOCs, and Although we agree in principle that the minimum of one year. We amend GTE to implement computerized Coalition’s proposal will achieve the section 64.2009(c) accordingly.

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F. The Corporate Officer Certification H. Petitions for Forbearance telecommunications companies should 117. We deny both as moot NTCA and be eligible for a blanket waiver of the 114. The Coalition also requests that flagging and audit trail provisions, and we amend the Officer Certification rule PCIA’s petitions for forbearance from enforcement of the audit trail and TDS’s request for reconsideration of the to eliminate the requirement that the flagging and tagging rules for small and corporate officer signing the flagging rules. Section 10 of the Act requires the Commission to forbear from mid-sized carriers, for the same reason. certification have personal knowledge regulation when: (1) Enforcement is not Finally, on the same basis, we reject that the carrier is in compliance with necessary to ensure that the carrier’s ALLTEL’s request that we reconsider the Commission’s CPNI rules. This we charges and practices are just and the application of the ‘‘enforcement decline to do. Our revisions of the reasonable; (2) enforcement is not time frames and other requirements to flagging and audit trail requirements in rural and small carriers.’’ necessary for the protection of this order will allow consumers; and (3) forbearance is J. Adequate Cost Recovery telecommunications carriers more consistent with the public interest. Both 119. We deny TDS’s request that the flexibility in determining how they will PCIA and NTCA premise their ensure their compliance with our CPNI Commission provide a mechanism, in forbearance arguments upon the fact the form of a ‘‘nationwide averaged rules. This flexibility puts the that the flagging and audit trail responsibility squarely on the carriers to [and] clearly identified flat charge on all requirements, as detailed in the CPNI customers,’’ to recover the costs that ensure their compliance. This Order, require the implementation of flexibility, and its concurrent carriers will incur complying with electronic safeguards. Based upon the section 222, the CPNI Order, and the responsibility, requires that some officer new evidence the parties presented on of the carrier have personal knowledge Commission’s rules. As we have now reconsideration, we agree with both amended our rules to allow carriers the that the scheme designed by the carrier NTCA and PCIA that the rules we freedom to implement these safeguards is adequate and complies with our CPNI promulgated in the CPNI Order are in a more effective and flexible manner, rules. Because neither the petitioners unduly burdensome. We deny these we believe that carrier costs will be nor the Coalition have persuaded us that forbearance petitions, however, because significantly reduced from the costs personal knowledge on the part of an we conclude that the revised flagging estimated by carriers subsequent to the officer is unnecessary, we will not omit and audit trail requirements resolve CPNI Order. Accordingly, we reject that requirement from our rule. We will, NTCA and PCIA’s criticisms of the TDS’s request for a separate cost however, amend the rule to omit the former rules and the basis for their recovery mechanism at this time. word ‘‘corporate’’ because, as some forbearance requests. Under our new parties explain, not all carriers are rules carriers, including NTCA and K. Enforcement of CPNI Obligations organized as corporations. PCIA members, may establish non- 120. In this Order, we have amended 115. We will also amend § 64.2009(e) computerized systems of their own our rules to reflect a deregulatory to require that telecommunications design to comply with our approach which leaves many of the carriers have an officer, as an agent of requirements. specific details of compliance to the the carrier, sign a compliance certificate I. Small and Rural Carriers carriers. However, we intend to enforce on an annual basis stating that the the rules, as amended, zealously. We operating procedure established by the 118. We recognize, in light of the new expect carriers to protect the evidence presented to the Commission, carrier is or is not in compliance with confidentiality of the CPNI in their that the flagging and audit trail the rules in this subpart. The carrier possession in accordance with our rules. requirements promulgated in the CPNI must provide a statement accompanying Carriers will be subject to penalties for Order might have a disparate impact on the certificate detailing how the carrier’s improper use of CPNI. Moreover, failure rural and small carriers. Our operating procedure is and/or is not in to develop and implement a compliance modification of the flagging and audit compliance. plan to safeguard CPNI consistent with trail requirements in this order, our rules will form a separate basis for G. Other Safeguard Provisions however, effectively moots the requests liability. We also note that we will we received from the parties seeking address, in a separate order, the 116. Parties also seek reconsideration special treatment for small and rural enforcement and compliance issues of other safeguard provisions. In light of carriers with respect to these raised in response to the FNPRM. the important role these rules play in requirements. In particular, under the safeguarding the proper use of CPNI, we amended rules, carriers are not required VIII. Section 222 and Other Act are not persuaded that these rules are so to maintain flagging and audit Provisions burdensome that they warrant capabilities in electronic format. Rather, A. Section 222 and Section 272 modification. Moreover, as we have the amended rules leave it to the taken steps on reconsideration to allow carriers’ discretion to determine what 1. Background carriers to decide for themselves how to sort of system is best for their 121. Section 272(c)(1) states that, ‘‘[i]n implement the flagging and audit trail circumstances. Thus, carriers whose its dealings with its [section 272 rules, the rules are now even less records are not presently maintained in affiliates], a Bell operating company burdensome. It is, in fact, the continued electronic form are not required to .. . may not discriminate between the application of the employees training implement electronic systems if they do company or affiliate and any other and discipline rules, and the officer not wish to do so. We deny, therefore, entity in the provision or procurement certification requirement, that permits the Independent Alliance’s petition to of goods, services, facilities, and us to make the substantial modifications exempt small and rural carriers from the information, or in the establishment of of the flagging and audit trail provisions of sections 64.2009(a) and (c) standards.’’ The Commission concluded requirements on reconsideration. Thus, because we have amended our rules to in the Non-Accounting Safeguards we conclude the remaining accommodate, in part, the concerns of Order that: (1) The term ‘‘information’’ requirements in section 64.2009 are small and rural carriers. Likewise, we in section 272(c)(1) includes CPNI; and reasonable as presently written. deny NTCA’s request that rural (2) the BOCs must comply with the

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As a declined to address the parties’ other CPNI Order that the most reasonable practical matter, the interpretation arguments regarding the interplay interpretation of the interplay of proffered by petitioners would bar BOCs between section 272(c)(1) and section sections 222 and 272 is that section 272 from sharing CPNI with their affiliates: 222 to avoid prejudging issues that does not impose any additional the burden imposed by the would be addressed in the CPNI Order. obligations on the BOCs when they nondiscrimination requirements would, The Commission also declined to share CPNI with their section 272 in this context, pose a potentially address the parties’ arguments regarding affiliates. For the same reasons insurmountable burden because a BOC the interplay between section 222 and described in the CPNI Order, however, soliciting approval to share CPNI with section 272(g), which permits certain we conclude that our prior its affiliate would have to solicit joint marketing between a BOC and its interpretation of the relationship approval for countless other carriers as section 272 affiliate. The Commission between sections 222 and 272 is correct. well, known or unknown. We do not emphasized, however, that, if a BOC 124. At the outset, we reject MCI’s believe that is what Congress envisioned markets or sells the services of its argument that there was not adequate when it enacted sections 222 and 272. section 272 affiliate pursuant to section notice that the Commission might Rather, as we concluded in the CPNI 272(g), it must comply with the reverse its conclusion in the Non- Order, we find it a more reasonable statutory requirements of section 222 Accounting Safeguards Order relating to interpretation of the statute to conclude and any rules promulgated thereunder. CPNI. that section 222 contemplates a sharing 125. We further disagree with MCI’s of CPNI among all affiliates (whether 122. In the CPNI Order the claim that the Commission’s BOCs or others), consistent with Commission overruled the Non- ‘‘approach’’ is flawed. We affirm our customer expectations that related Accounting Safeguards Order, in part, previous conclusion based upon our entities will share information so as to concluding that the most reasonable prior reasoning. offer services best tailored to customers’ interpretation of the interplay between 126. We also reject MCI and TRA’s needs. For these reasons, we find that sections 222 and 272 is that the latter argument that the ‘‘except as required the ‘‘plain meaning’’ argument raised by does not impose any additional CPNI by law’’ clause in section 222(c)(1) Comptel and Intermedia is not requirements on BOCs’ sharing of CPNI encompasses, at least in part, section persuasive, and further that their with their section 272 affiliates when 272(c)(1). We conclude, for the same meaning is not the one Congress most they share information with their reasons as those we previously likely intended. Therefore, we affirm section 272 affiliates according to the described in the CPNI Order, that the our previous conclusion. requirements of section 222. The ‘‘except as required by law’’ clause does 129. In addition, we are not Commission reached this conclusion not encompass section 272. persuaded by CompTel’s assertion that only after recognizing an apparent 127. We affirm the CPNI Order’s there is no indication that section 222 conflict between sections 222 and 272. conclusion that the term ‘‘information’’ was intended to trump section 272 We noted in the CPNI Order that, on the in section 272(c)(1) does not include because the Commission previously one hand, certain parties argued that CPNI despite CompTel and Intermedia’s recognized, in the First Report and under the principle of statutory assertion that such an interpretation is Order, that section 222’s obligations are construction the ‘‘specific governs the contrary to the plain meaning of the Act not exclusive. Because Congress general,’’ and that section 222 and should be reconsidered. unambiguously prohibited the use of specifically governs the use and 128. While the legislative history is such CPNI in section 275(d), we protection of CPNI, but section 272 only silent about the meaning of concluded that the specific prohibition refers to ‘‘information’’ generally. As ‘‘information’’ in section 272(c)(1), the in section 275(d) controls the general such, they claimed that section 222 structure of the Act indicates strongly CPNI rules described in section 222. should control section 272. On the other that the provision is susceptible to This stands in stark contrast to the hand, under the same principle of differing meanings. Indeed, as the courts difficult task of reconciling sections 222 construction, other parties argued that have cautioned, the Commission is and 272. bound to move beyond dictionary section 272 specifically governs the meanings of terms and to consider other 130. Moreover, we do not agree with BOCs’ sharing of information with possible interpretations, assess statutory WorldCom’s assertion that the affiliates, whereas section 222 generally objectives, weigh congressional policy, Commission ignored section 272(b)(1). relates to all carriers. Therefore, they and apply our expertise in Thus, we deny reconsideration on this asserted, section 272 should control telecommunications in determining the basis as WorldCom has not presented section 222. Because either meaning of provisions. In this instance, any new arguments or facts we did not interpretation is plausible, it was left to we believe that the structure of the Act already consider. the Commission to resolve the tension belies petitioners’ contention that the 131. Finally, several parties also argue between these provisions, and to term ‘‘information’’ has a plain meaning that our interpretation of the interplay formulate the interpretation that, in the that encompasses CPNI. In enacting of sections 222 and 272 gives BOC Commission’s judgment, best furthers section 222, Congress carved out very affiliates an unfair competitive the policies of both provisions and the specific restrictions governing consumer advantage over other competitors. These statutory design. We determine that privacy in CPNI and consolidated those parties raise no new arguments or facts interpreting section 272 to impose no restrictions in a single, comprehensive on reconsideration of this point that we additional obligations on the BOCs provision. We believe that the specific did not already consider. We previously when they share CPNI with their section requirements governing CPNI use are identified in detail specific mechanisms 272 affiliates according to the contained in that section and we in section 222 that address such requirements of section 222 most disfavor, accordingly, an interpretation competitive concerns. We therefore reasonably reconciles the goals of these of section 272 that would create deny these parties’ requests for two principles. constraints for CPNI beyond those reconsideration of this conclusion.

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B. Disclosure of Non-CPNI Information use CPNI, without customer approval, to to market to a customer, without Pursuant to Section 272 market CPE and certain information customer approval, service offerings that 132. The Commission noted in a services, those requests have been are within a category of service to which footnote in the CPNI Order that BOC granted. We also disagree with the customer does not already subscribe. 140. Omnipoint and Vanguard non-discrimination obligations under CenturyTel and NTCA’s argument that contend that when a carrier provides section 272 would apply to the sharing section 254 requires the use of CPNI to free rewards, such as free equipment, for of all other information and services allow rural carriers to implement the purpose of retaining its accounts, with their section 272 affiliates. The Congress’ Universal Service standards. the prohibition in section 64.2005(b) Common Carrier Bureau further Section 254 envisions that rural carriers should not apply because (1) the concluded in the Clarification Order would introduce and make available new technology to all of its customers. customer subscribes to the service for that a customer’s name, address, and which the reward is provided; and (2) telephone number are not CPNI. The The CPNI rules in no way discourage rural carriers from doing that. In fact, the reward is free, and therefore is not Bureau reasoned that ‘‘[i]f the definition ‘‘marketed.’’ Omnipoint and Vanguard of CPNI included a customer’s name, one could argue that some of the CPNI rules require a carrier to make all of its request clarification because they claim address, and telephone number, a that carriers are more likely to offer carrier would be prohibited from using customers aware of such new technology rather than using CPNI to rewards if they are able to target them its business records to contact any of its to high-volume or long-term customers, customers to market any new service pick and choose which customers to market the new technology to. The basis and if carriers do not need to seek that falls outside the scope of the customer approval. No party has existing service relationship with those of CenturyTel and NTCA’s arguments, however, is that they do not want to objected to this proposal. customers. 141. We agree with Omnipoint and 133. We agree with the Common market the new technology to all of its customers. They want to make it Vanguard that, where a carrier uses Carrier Bureau’s clarification and adopt CPNI to provide free rewards to its its reasoning and conclusion as our available only to certain customers that they select by using their customers’ customer, such use of CPNI is within own. Accordingly, we grant MCI’s the scope of the carrier-customer request that we clarify that a customer’s CPNI. We fail to see how section 254 requires this outcome. relationship. As such, the use of the name, address, and telephone number CPNI is limited to the existing service are ‘‘information’’ for purposes of D. Application of Nondiscrimination relationship between the carrier and the section 272(c)(1), and if a BOC makes Rules Under Sections 201(b) and 202(a) customer. Therefore, although the such information available to its 137. We reject MCI’s argument that provision of free rewards is a marketing affiliate, then it must make that the nondiscrimination requirement activity, it does not violate the Act or information available to non-affiliated described in section 272 should be our rules, provided the entities. applied to all ILECs through the telecommunications service being 134. MCI also argues that the requirements of sections 201(b) and marketed is the service currently Commission should find that a 202(a). subscribed to by the customer. customer’s PIC choice and PIC-freeze 138. We agree with GTE that there is status are not CPNI as defined in section B. Non-telecommunications Services no justification to conclude, as a matter 222(f)(1). We are not persuaded by Listed on Telephone Bill of statutory construction, that the broad MCI’s statutory interpretation. We 142. CPNI is defined in section non-discrimination requirements of conclude that a customer’s PIC choice 222(f)(1)(B) of the Act as including these sections impose a specific falls squarely within the definition of ‘‘information contained in the bills disclosure obligation on ILEC use of CPNI set out in both sections pertaining to telephone exchange CPNI. In any case, the same privacy 222(f)(1)(A) and (B), and that PIC-freeze service or telephone toll service concerns we identified in our information meets the requirements of received by a customer of a carrier; discussion of the relationship between section 222(f)(1)(A). Finally, we agree except that such term does not include sections 222 and 272 apply here with GTE that this result is consistent subscriber list information.’’ However, equally. For instance, requiring the with the privacy goals set out by section 222(c)(1) prohibits a carrier’s use disclosure of CPNI to other companies Congress in section 222. of CPNI only where it receives the CPNI to maintain competitive neutrality ‘‘by virtue of its provision of a C. Section 222 and Section 254 would defeat, rather than protect, telecommunications service.’’ 135. CenturyTel also argues that customers’ privacy expectations and 143. In the Common Carrier Bureau’s restricting the use of CPNI in marketing control over their own CPNI. We Clarification Order, the Bureau said that enhanced services and CPE to existing conclude that the specific consumer ‘‘customer information derived from the customers in rural exchanges is privacy and consumer choice provision of any non- inconsistent with Universal Service protections established in section 222 telecommunications service, such as provisions of the Act. supersede the general protections CPE or information services * * * may 136. We disagree with the arguments identified in sections 201(b) and 202(a). be used to provide or market any made by CenturyTel and NTCA. As Thus, we are not persuaded that section telecommunications service * * *’’ stated in Section V.A of this Order, we 201(b) or section 202(a) require the Omnipoint asks the Commission to affirm the ‘‘total service approach’’ for result MCI seeks. Accordingly, we reject clarify that section 222 does not prohibit all carriers. We find no reason to impose MCI’s request. the use of customer information derived different notification requirements on IX. Other Issues from non-telecommunications services large and small carriers. As we stated in bundled with telecommunications the CPNI Order, concerns regarding A. Status of Customer Rewards Program services merely because charges for customer privacy are the same 139. Section 64.2005(b) of the those services appeared on a customer’s irrespective of the carrier’s size or Commission’s Rules prohibits a telephone bill. identity. Further to the extent that telecommunications carrier from using, 144. Section 222(c)(1) prohibits the CenturyTel and NTCA are requesting to disclosing, or permitting access to CPNI use of CPNI only where it is derived

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We find that telecommunications Commission clarify its rules to specify connection with its provision of service providers will be responsible for telecommunications service can be used that (1) carriers are authorized to use the actions of their agents to comply by the carrier without customer CPNI in connection with fraud with our CPNI rules to the extent that approval, regardless of whether such prevention programs; and (2) such use information is contained in a bill is permissible even after a customer has telecommunications service providers generated by the carrier. Therefore, terminated service from the carrier share CPNI with their agents. Moreover, consistent with the Clarification Order, making such use of the customer’s telecommunications service providers customer information derived from CPNI. will be responsible for the actions of information services that are held not to 149. We agree that Section 222(d)(2) agents with respect to the use of CPNI be telecommunications services may be on its face permits the use of CPNI in acquired by their agents. It is well used, even if the telephone bill covers connection with fraud prevention established that principals are charges for such information services. programs, and does not limit such use responsible for the actions of their of CPNI that is generated during the agents. In the absence of such a rule, the C. Provision of Calling Card as customer’s period of service to any important consumer protections enacted ‘‘Provision’’ of Service period of time. Since our rules do not by Congress in section 222 may be 145. LECs often offer so-called ‘‘post- cover the use of CPNI for fraud vitiated by the actions of agents. paid’’ calling cards that enable prevention programs, we will amend 155. We believe that customers to complete long distance our rules to do so, in order to eliminate telecommunications service providers calls over a particular interexchange the possibility of misinterpretation. can meet these requirements through carrier’s network when the customer is the private contract arrangements they away from home. Such cards enable a E. Definition of ‘‘Subscribed’’ in Section have with their agents. Carriers would customer to have the calls billed 222(f)(1)(A) normally have negotiating leverage to subsequently on the customer’s local 150. We grant MCI’s request for enforce this requirement in the case of bill issued by the LEC. MCI asks the clarification of the meaning of the agents who serve more than one carrier, Commission to clarify that LECs may phrase ‘‘service subscribed to by any since all carriers would be required to not use CPNI garnered in such other customer’’ in section 222(f)(1)(A). circumstances to market services that enforce the same rules. To the extent the LEC offers absent permission from F. CPNI ‘‘Laundering’’ that it may be shown that some carriers the customer. 151. MCI requests clarification that would not be able to enforce these 146. We grant MCI’s request for ‘‘the status of information as CPNI or requirements, the Commission will clarification. In the traditional LEC post- carrier proprietary information [under address the exceptions on a case-by-case paid calling card situation, the LEC section 222] is not lost or altered if [a] basis. serves merely as a billing and collection carrier discloses or transmits such H. Information Known to Employees agent on behalf of the interexchange information to an affiliated or carrier, much as the LEC does when a unaffiliated entity, whether or not that 156. Section 222(f)(1)(A) defines customer places long distance calls from entity transfers such information to CPNI, in part, as including information home through the customer’s pre- other parties or back to the original ‘‘that is made available to the carrier by subscribed interexchange carrier (IXC). carrier.’’ the customer solely by virtue of the In both instances, the customer has 152. We agree that as the stewards of carrier-customer relationship.’’ We established a customer-carrier CPNI and carrier proprietary reject Comcast’s argument that, based relationship for the provision of information carriers must take steps to upon this definition, CPNI should not interexchange services with the IXC that safeguard such information. Moreover, include ‘‘institutional knowledge’’ of carried the customer’s call over its we find that implicit in section 222 is the attributes of a particular customer’s network. The LEC, on the other hand, is a rebuttable presumption that account gained by a carrier’s employee standing in the place of the IXC only for information that fits the definition of from his or her work on the customer’s CPNI contained in section 222(f)(1) is in billing and collection purposes, a account over the years if the employee service which the IXC could have fact CPNI. We decline, however, to does not actually access the customer’s chosen to provide itself. Where a LEC speak to MCI’s other clarification record, and U S WEST’s argument that acts as a billing and collection agent, it requests as they regard issues relating to so long as an employee does not use a may not use CPNI without the carrier proprietary information in customer’s record containing that customer’s permission under the total section 222(b) and enforcement customer’s CPNI, the employee has not services approach. mechanisms to ensure carrier compliance with both sections 222(a) violated section 222. We are not D. Use of CPNI To Prevent Fraud and (b). As FNPRM in this docket seeks persuaded that section 222(f)(1)(A) 147. Section 222(d)(2) of the Act comment on those specific issues, we implies an exception based on whether permits the use of CPNI to ‘‘protect the would not want to prejudice resolution the information acquired as part of the rights or property of the carrier, or to of those issues in this order. carrier-customer relationship is reduced protect users of those services and other to writing or is kept in the memory of carriers from fraudulent, abusive, or G. Acts of Agents of Wireless Providers a carrier representative. Thus, if a unlawful use of, or subscription to 153. Vanguard argues that sales agents customer tells a carrier’s employee services * * *’’ Section 64.2005 of the of CMRS providers are not subject to information that otherwise fits the Commission’s rules provides that a Commission rules, and that CMRS definition of CPNI provided in section telecommunications carrier may use, providers should not be held 222(f)(1)(A), then that information is disclose, or permit access to CPNI, responsible for the use of CPNI CPNI, no matter how the information is without customer approval, for a independently obtained by agents retained by the carrier.

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I. Use of CPNI Under Section 222(d)(3) under section 222(c)(1) are valid until II. Summary of Significant Issues Raised During Inbound Calls revoked or limited by the customer, by Public Comments in Response to the 157. Several carriers request that the whereas notifications and approvals for FRFA inbound calls pursuant to section Commission clarify the requirements for 163. As discussed in Section V, a obtaining customer approval under 222(d)(3) are only valid for the duration of each call. Therefore, unlike the number of small carriers or their section 222(d)(3). This section states advocates present evidence that the that ‘‘[n]othing in [section 222] prohibits retention of records of notifications and approvals under section 222(c)(1), safeguard requirements of the CPNI a telecommunications carrier from rules are particularly burdensome for using, disclosing, or permitting access to which we previously concluded would facilitate the disposition of individual small and rural carriers. We recognize, customer proprietary network in light of the new evidence presented information obtained from its complaint proceedings if the sufficiency to the Commission, that the flagging and customers, either directly or indirectly of a customer’s notification or approval audit trail requirements promulgated in through its agents . . . to provide any is challenged at some later time, the CPNI Order might have a disparate inbound telemarketing, referral, or requiring the retention of records of impact on rural and small carriers. Our administrative services to the customer section 222(d)(3) notifications and modification of the flagging and audit for the duration of the call, if such call approvals would provide little trail requirements in this order, was initiated by the customer and the evidentiary value because the however, effectively moots the requests customer approves of the use of such notification and customer’s we received from the parties seeking information to provide such service. authorization to use CPNI automatically 158. We agree that the detailed evaporate upon completion of the call. special treatment for small and rural notification outlined in section We do not find any advantage to carriers with respect to these 64.2007(f) of our rules is not necessary requiring carriers to retain such records requirements. Moreover, the restrictions prior to soliciting a customer’s approval for purposes of section 222(d)(3). As lifted on the marketing of CPE and to use his or her CPNI for the duration such, we conclude that such a information services will lessen the of an inbound call. It is unduly requirement would place an impact of compliance with our rules for burdensome to require carriers to unnecessary burden on carriers. small and rural carriers, generally, and comply with the rule in light of the enable these carriers to more efficiently X. Procedural Issues limited coverage of section 222(d)(3). use their marketing resources. Moreover, the rule reflects a discussion 161. As required by the Regulatory III. Description and Estimates of the in the CPNI Order of the content of the Flexibility Act (RFA), an Initial Number of Small Entities Affected by general notification requirements under Regulatory Flexibility Analysis (IRFA) the First Report and Order section 222(c)(1), and not those required was incorporated in the FNPRM. The for section 222(d)(3). Accordingly, we Commission sought written public 164. The RFA directs agencies to clarify that section 64.2007(f) does not comment on the proposals in the provide a description of and, where apply to solicitations for customer FNPRM, including comment on the feasible, an estimate of the number of approval under section 222(d)(3). IRFA. This present Final Regulatory small entities that may be affected by 159. We deny, however, TDS’s request Flexibility Analysis (FRFA) conforms to the actions taken in this Order on that we reconsider our prior conclusion the RFA. Reconsideration. The RFA generally that section 222(d)(3) requires an defines the term ‘‘small entity ‘‘ as affirmative customer approval. We I. Need for and Objectives of This Order having the same meaning as the terms previously stated in the CPNI Order that on Reconsideration and the Rules ‘‘small business,’’ ‘‘small organization,’’ section 222(d)(3) ‘‘contemplates oral Adopted Herein and ‘‘small governmental jurisdiction.’’ approval.’’ We conclude that a plain In addition, the term ‘‘small business’’ reading of the statute contradicts TDS’s 162. In the Order on Reconsideration, has the same meaning as the term conclusion: If Congress meant consent the Commission reconsiders the rules ‘‘small business concern’’ under the to be inferred from the mere fact that the promulgated in the CPNI Order in light Small Business Act. A small business customer initiated the call, it would not of an expanded record to better balance concern is one which: (1) Is have required that the customer both customer privacy concerns with those of independently owned and operated; (2) initiate the call and ‘‘approve[] of the customer convenience with the effect of is not dominant in its field of operation; use of such information to provide such minimizing the impact of our and (3) satisfies any additional criteria service.’’ We deny TDS’s request for requirements on all carriers, including established by the Small Business reconsideration for this reason and small and rural carriers. We have Administration (SBA). The SBA has because TDS has not presented any new amended our rules relating to flagging defined a small business for Standard arguments or facts that the Commission and audit trails for all carriers, which Industrial Classification (SIC) categories did not consider in the CPNI Order with will have a beneficial impact on small 4812 (Radiotelephone Communications) regard to this issue. carriers. Additionally, we modify our and 4813 (Telephone Communications, 160. Finally, pursuant to GTE’s rules to permit all carriers to use CPNI Except Radiotelephone) to be small request, we clarify that carriers need not to market CPE to their customers, entities when they have no more than maintain records of notice and approval without express approval. We also find 1,500 employees. We first discuss of carrier use of CPNI during inbound that customers give implied consent to generally the total number of small calls under section 222(d)(3). Section use CPNI to CMRS carriers for the telephone companies falling within both 64.2007(e) of the Commission’s rules purpose of marketing all information of those SIC categories. Then, we requires that carriers maintain customer services, but only give implied consent discuss the number of small businesses notification and approval records for to wireline carriers for certain within the two subcategories, and one year. Notifications and approvals information services. We further modify attempt to refine further those estimates under section 222(c)(1) and 222(d)(3), our rules to allow carriers to use CPNI to correspond with the categories of however, are markedly different in to regain customers who have switched telephone companies that are commonly scope. Notifications and approvals to another carrier. used under our rules.

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165. Although affected ILECs may Although it seems certain that some of small business concerns under the have no more than 1,500 employees, we these carriers are not independently SBA’s definition. Consequently, we do not believe that such entities should owned and operated, we are unable at estimate that there are fewer than 143 be considered small entities within the this time to estimate with greater small entity IXCs that may be affected meaning of the RFA because they either precision the number of wireline by this order. are dominant in their field of operations carriers and service providers that 170. Competitive access providers. or are not independently owned and would qualify as small business Neither the Commission nor the SBA operated, and are therefore by definition concerns under the SBA’s definition. has developed a definition of small not ‘‘small entities’’ or ‘‘small business Consequently, we estimate that fewer entities specifically applicable to concerns’’ under the RFA. Accordingly, than 2,295 small entity telephone providers of competitive access services our use of the terms ‘‘small entities’’ and communications companies other than (CAPs). The closest applicable ‘‘small businesses’’ does not encompass radiotelephone companies are small definition under the SBA’s rules is for small ILECs. Out of an abundance of entities or small ILECs that may be telephone communications companies caution, however, for regulatory affected by this order. other than radiotelephone (wireless) flexibility analysis purposes, we will 168. Local exchange carriers. Neither companies. The most reliable source of separately consider small ILECs within the Commission nor the SBA has information regarding the number of this analysis and use the term ‘‘small developed a definition of small CAPs nationwide of which we are aware ILECs’’ to refer to any ILECs that providers of local exchange services. appears to be the data that we collect arguably might be defined by SBA as The closest applicable definition under annually in connection with the TRS. ‘‘small business concerns.’’ the SBA’s rules is for telephone According to our most recent data, 109 166. Total number of telephone communications companies other than companies reported that they were companies affected. The United States radiotelephone (wireless) companies. engaged in the provision of competitive Bureau of the Census (the Census The most reliable source of information access services. Although it seems Bureau) reports that at the end of 1992, regarding the number of LECs certain that some of these carriers are there were 3,497 firms engaged in nationwide of which we are aware not independently owned and operated, providing telephone services, as defined appears to be the data that we collect or have more than 1,500 employees, we therein, for at least one year. This annually in connection with the are unable at this time to estimate with number contains a variety of different Telecommunications Relay Service greater precision the number of CAPs categories of carriers, including local (TRS). According to our most recent that would qualify as small business exchange carriers, interexchange data, 1,371 companies reported that concerns under the SBA’s definition. carriers, competitive access providers, they were engaged in the provision of Consequently, we estimate that there are cellular carriers, mobile service carriers, local exchange services. Although it fewer than 109 small entity CAPs that operator service providers, pay seems certain that some of these carriers may be affected by this order. telephone operators, PCS providers, are not independently owned and 171. Operator service providers. covered SMR providers, and resellers. It operated, or have more than 1,500 Neither the Commission nor the SBA seems certain that some of those 3,497 employees, or are dominant we are has developed a definition of small telephone service firms may not qualify unable at this time to estimate with entities specifically applicable to as small entities because they are not greater precision the number of LECs providers of operator services. The ‘‘independently owned and operated.’’ that would qualify as small business closest applicable definition under the For example, a PCS provider that is concerns under the SBA’s definition. SBA’s rules is for telephone affiliated with an interexchange carrier Consequently, we estimate that fewer communications companies other than having more than 1,500 employees than 1,371 small providers of local radiotelephone (wireless) companies. would not meet the definition of a small exchange service are small entities or The most reliable source of information business. It seems reasonable to small ILECs that may be affected by this regarding the number of operator service conclude, therefore, that fewer than order. providers nationwide of which we are 3,497 telephone service firms are either 169. Interexchange carriers. Neither aware appears to be the data that we small entities or small incumbent LECs the Commission nor the SBA has collect annually in connection with the that may be affected by this order. developed a definition of small entities TRS. According to our most recent data, 167. Wireline carriers and service specifically applicable to providers of 27 companies reported that they were providers. The SBA has developed a interexchange services (IXCs). The engaged in the provision of operator definition of small entities for telephone closest applicable definition under the services. Although it seems certain that communications companies other than SBA’s rules is for telephone some of these companies are not radiotelephone (wireless) companies. communications companies other than independently owned and operated, or The Census Bureau reports there were radiotelephone (wireless) companies. have more than 1,500 employees, we are 2,321 such telephone companies in The most reliable source of information unable at this time to estimate with operation for at least one year at the end regarding the number of IXCs greater precision the number of operator of 1992. According to the SBA’s nationwide of which we are aware service providers that would qualify as definition, a small business telephone appears to be the data that we collect small business concerns under the company other than a radiotelephone annually in connection with TRS. SBA’s definition. Consequently, we company is one employing fewer than According to our most recent data, 143 estimate that there are fewer than 27 1,500 persons. All but 26 of the 2,321 companies reported that they were small entity operator service providers non-radiotelephone companies listed by engaged in the provision of that may be affected by this order. the Census Bureau were reported to interexchange services. Although it 172. Pay telephone operators. Neither have fewer than 1,000 employees. Thus, seems certain that some of these carriers the Commission nor the SBA has even if all 26 of those companies had are not independently owned and developed a definition of small entities more than 1,500 employees, there operated, or have more than 1,500 specifically applicable to pay telephone would still be 2,295 non-radiotelephone employees, we are unable at this time to operators. The closest applicable companies that might qualify as small estimate with greater precision the definition under the SBA’s rules is for entities or small incumbent LECs. number of IXCs that would qualify as telephone communications companies

VerDate 22-SEP-99 10:47 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00083 Fmt 4700 Sfmt 4700 E:\FR\FM\A01OC0.181 pfrm01 PsN: 01OCR1 53262 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations other than radiotelephone (wireless) provision of cellular services. Although However, licenses for Blocks C through companies. The most reliable source of it seems certain that some of these F have not been awarded fully; information regarding the number of carriers are not independently owned therefore, there are few, if any, small pay telephone operators nationwide of and operated, or have more than 1,500 businesses currently providing PCS which we are aware appears to be the employees, we are unable at this time to services. Based on this information, we data that we collect annually in estimate with greater precision the conclude that the number of small connection with the TRS. According to number of cellular service carriers that broadband PCS licensees will include our most recent data, 441 companies would qualify as small business the 90 winning bidders and the 93 reported that they were engaged in the concerns under the SBA’s definition. qualifying bidders in the D, E, and F provision of pay telephone services. Consequently, we estimate that there are Blocks, for a total of 183 small PCS Although it seems certain that some of fewer than 804 small entity cellular providers as defined by the SBA and the these carriers are not independently service carriers that may be affected by Commission’s auction rules. owned and operated, or have more than this order. 177. Narrowband PCS licensees. The 1,500 employees, we are unable at this 175. Mobile service carriers. Neither Commission does not know how many time to estimate with greater precision the Commission nor the SBA has narrowband PCS licenses will be the number of pay telephone operators developed a definition of small entities granted or auctioned, as it has not yet that would qualify as small business specifically applicable to mobile service determined the size or number of such concerns under the SBA’s definition. carriers, such as paging companies. The licenses. Two auctions of narrowband Consequently, we estimate that there are closest applicable definition under the PCS licenses have been conducted for a fewer than 441 small entity pay SBA’s rules is for telephone total of 41 licenses, out of which 11 telephone operators that may be affected communications companies other than were obtained by small businesses by this order. radiotelephone (wireless) companies. owned by members of minority groups 173. Wireless carriers. The SBA has The most reliable source of information and/or women. Small businesses were developed a definition of small entities regarding the number of mobile service defined as those with average gross for radiotelephone (wireless) carriers nationwide of which we are revenues for the prior three fiscal years companies. The Census Bureau reports aware appears to be the data that we of $40 million or less. For purposes of that there were 1,176 such companies in collect annually in connection with the this FRFA, the Commission is utilizing operation for at least one year at the end TRS. According to our most recent data, the SBA definition applicable to of 1992. According to the SBA’s 172 companies reported that they were radiotelephone companies, i.e., an definition, a small business engaged in the provision of mobile entity employing no more than 1,500 radiotelephone company is one services. Although it seems certain that persons. Not all of the narrowband PCS employing no more than 1,500 persons. some of these carriers are not licenses have yet been awarded. There The Census Bureau also reported that independently owned and operated, or is therefore no basis to determine the 1,164 of those radiotelephone have more than 1,500 employees, we are number of licenses that will be awarded companies had fewer than 1,000 unable at this time to estimate with to small entities in future auctions. employees. Thus, even if all of the greater precision the number of mobile Given the facts that nearly all remaining 12 companies had more than service carriers that would qualify radiotelephone companies have fewer 1,500 employees, there would still be under the SBA’s definition. than 1,000 or fewer employees and that 1,164 radiotelephone companies that Consequently, we estimate that there are no reliable estimate of the number of might qualify as small entities if they fewer than 172 small entity mobile prospective narrowband PCS licensees are independently owned and operated. service carriers that may be affected by can be made, we assume, for purposes Although it seems certain that some of this order. of the evaluations and conclusions in these carriers are not independently 176. Broadband PCS licensees. The this FRFA, that all the remaining owned and operated, we are unable at broadband PCS spectrum is divided into narrowband PCS licenses will be this time to estimate with greater six frequency blocks designated A awarded to small entities. precision the number of radiotelephone through F, and the Commission has held 178. SMR licensees. Pursuant to 47 carriers and service providers that auctions for each block. The CFR 90.814(b)(1), the Commission has would qualify as small business Commission has defined small entity in defined ‘‘small entity’’ in auctions for concerns under the SBA’s definition. the auctions for Blocks C and F as an geographic area 800 MHz and 900 MHz Consequently, we estimate that there are entity that has average gross revenues of SMR licenses as a firm that had average fewer than 1,164 small entity less than $40 million in the three annual gross revenues of less than $15 radiotelephone companies that may be previous calendar years. For Block F, an million in the three previous calendar affected by this order. additional classification for ‘‘very small years. This definition of a ‘‘small entity’’ 174. Cellular service carriers. Neither business’’ was added and is defined as in the context of 800 MHz and 900 MHz the Commission nor the SBA has an entity that, together with its affiliates, SMR has been approved by the SBA. developed a definition of small entities has average gross revenue of not more The rules adopted in this order may specifically applicable to providers of than $15 million for the preceding three apply to SMR providers in the 800 MHz cellular services. The closest applicable calendar years. These regulations and 900 MHz bands that either hold definition under the SBA’s rules is for defining small entity in the context of geographic area licenses or have telephone communications companies broadband PCS auctions have been obtained extended implementation other than radiotelephone (wireless) approved by the SBA. No small business authorizations. We do not know how companies. The most reliable source of within the SBA-approved definition bid many firms provide 800 MHz or 900 information regarding the number of successfully for licenses in Blocks A MHz geographic area SMR service cellular service carriers nationwide of and B. There were 90 winning bidders pursuant to extended implementation which we are aware appears to be the that qualified as small entities in the authorizations, nor how many of these data that we collect annually in Block C auctions. A total of 93 small providers have annual revenues of less connection with the TRS. According to and very small businesses won than $15 million. We assume, for our most recent data, 804 companies approximately 40 percent of the 1,479 purposes of this FRFA, that all of the reported that they were engaged in the licenses for Blocks D, E, and F. extended implementation

VerDate 22-SEP-99 10:47 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00084 Fmt 4700 Sfmt 4700 E:\FR\FM\A01OC0.183 pfrm01 PsN: 01OCR1 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53263 authorizations may be held by small Order might have a disparate impact on 303(r) of the Communications Act of entities, which may be affected by this rural and small carriers. We have 1934, as amended, 47 U.S.C. 151, 154(i), order. amended the flagging and audit trail 160, 222 and 303(r), the Order is hereby 179. The Commission recently held requirements, and as more fully adopted. The rules established by the auctions for geographic area licenses in discussed in Section V, the amended Order contain information collection the 900 MHz SMR band. There were 60 rules leave it to the carrier’s discretion requirements that have not yet been winning bidders who qualified as small to determine what sort of system is best approved by the Office of Management entities in the 900 MHz auction. Based for their circumstances. Thus, carriers and budget (OMB). The Commission on this information, we conclude that whose records are not presently will publish a document in the Federal the number of geographic area SMR maintained in electronic form are not Register announcing the effective date licensees affected by the rule adopted in required to implement electronic of these rules. It is further ordered that, this order includes these 60 small systems if they do not wish to do so. We pursuant to sections 1, 4(i) and 222 of entities. No auctions have been held for believe this modification of our rules the Communications Act of 1934, as 800 MHz geographic area SMR licenses. will significantly minimize any adverse amended, 47 U.S.C. 151, 154(i) and 222, Thus, no small entities currently hold economic impact on small entities that the Petitions for Reconsideration, as these licenses. A total of 525 licenses our original rules may have had. listed in the Appendix to the Order, are will be awarded for the upper 200 granted to the extent indicated herein V. Report to Congress channels in the 800 MHz geographic and otherwise denied. area SMR auction. The Commission, 182. The Commission shall send a 186. It is further ordered that, however, has not yet determined how copy of this Supplemental Final pursuant to sections 1, 4(i), 10 and 222 many licenses will be awarded for the Regulatory Flexibility Analysis, along of the Communications Act of 1934, as lower 230 channels in the 800 MHz with this Order on Reconsideration, in amended, 47 U.S.C. 151, 154(i), 160 and geographic area SMR auction. Moreover, a report to Congress pursuant to the 222, the Petitions for Forbearance, as there is no basis on which to estimate Small business Regulatory Enforcement listed in Appendix A hereto, are denied. how many small entities will win these Fairness Act of 1996, 5 U.S.C. 187. It is further ordered that licenses. Given that nearly all 801(a)(1)(A). A copy of this SFRFA will 64.2005(b)(3) of part 64 of the radiotelephone companies have fewer also be published in the Federal Commission’s rules, 47 CFR than 1,000 employees and that no Register. 64.2005(b)(3), is removed. reliable estimate of the number of 188. It is further ordered that B. Supplemental Final Paperwork prospective 800 MHz licensees can be 64.2007(f)(4) of part 64 of the Reduction Analysis made, we assume, for purposes of this Commission’s rules, 47 CFR FRFA, that all of the licenses may be 183. The CPNI Order from which this 64.2007(f)(4), is removed. awarded to small entities who, thus, Order on Reconsideration issues 189. It is further ordered, pursuant to may be affected by this order. proposed changes to the Commission’s sections 4(i) and 303(r) of the 180. Resellers. Neither the information collection requirements. As Communications Act of 1934, as Commission nor the SBA has developed required by the Paperwork Reduction amended, 47 U.S.C. 154(i) and 303(r), a definition of small entities specifically Act of 1995, Public Law 104–13, the that we shall not seek enforcement applicable to resellers. The closest CPNI Order invited the general public against carriers regarding compliance applicable definition under the SBA’s and the Office of Management and with 64.2009(a) and (c) of part 64 of the rules is for all telephone Budget (OMB) to comment on the Commission’s rules, 47 CFR 64.2009(a) communications companies. The most proposed changes. On June 23, 1998, and (c), as amended herein, until eight reliable source of information regarding OMB approved all of the proposed months after the release of this Order. the number of resellers nationwide of changes to our information collection 190. It is further ordered that part 64 which we are aware appears to be the requirements in accordance with the of the Commission’s rules, 47 CFR is data that we collect annually in PRA. amended. These rules contain connection with the TRS. According to 184. This Order on Reconsideration information collection requirements that our most recent data, 339 companies amends our rules to merely state that have not yet been approved by OMB. reported that they were engaged in the telecommunications carriers must The Commission will publish a resale of telephone services. Although it implement a system by which the status document in the Federal Register seems certain that some of these carriers of a customer’s CPNI approval can be announcing the effective date of those are not independently owned and clearly established prior to the use of sections. It is further ordered that the operated, or have more than 1,500 CPNI, and must maintain an audit Commission’s Office of Public Affairs, employees, we are unable at this time to mechanism that tracks CPNI usage. We Reference Operations Division, shall estimate with greater precision the have removed the requirements of send a copy of this Order, including the number of resellers that would qualify § 64.2009 (a) and (c) that carriers must Final Regulatory Flexibility Analysis, to as small business concerns under the develop and implement software that the Chief Counsel for Advocacy of the SBA’s definition. Consequently, we flags a customer’s CPNI approval status Small Business Administration. estimate that there are fewer than 339 and must maintain an electronic audit List of Subjects in 47 CFR Part 64 small entity resellers that may be mechanism that tracks access to affected by this order. customer accounts. These amendments Communications common carriers, are new collections of information Reporting and recordkeeping IV. Steps Taken To Minimize Significant within the meaning of the PRA. requirements, Telephone. Economic Impact on Small Entities and Implementation of these requirements is Federal Communications Commission. Small Incumbent LECs, and Alternatives subject to approval by the OMB, as Magalie Roman Salas, Considered prescribed by the PRA. Secretary. 181. We recognize, in light of the new evidence presented to the Commission, XI. Ordering Clauses Appendix—Petition for Forbearance that the flagging and audit trail 185. Accordingly, it is ordered that, Note: This Appendix will not appear in the requirements promulgated in the CPNI pursuant to Sections 1, 4(i), 10, 222 and Code of Federal Regulations.

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Petitions for Reconsideration Filed May 26, and retrieval services, fax store and DEPARTMENT OF DEFENSE 1998 forward, and protocol conversions. GENERAL SERVICES ALLTEL Communications, Inc. (ALLTEL) * * * * * AT&T Corp. ADMINISTRATION BellSouth Corporation (d) A telecommunications carrier may Comcast Cellular Communications, Inc. use, disclose, or permit access to CPNI NATIONAL AERONAUTICS AND Competitive Telecommunications to protect the rights or property of the SPACE ADMINISTRATION Association (CompTel) carrier, or to protect users of those Independent Alliance (Alliance) LCI International Telecom Corp. services and other carriers from 48 CFR Parts 1, 15, 19, and 52 fraudulent, abusive, or unlawful use of, MCI Telecommunications Corporation [FAC 97±14; Item XVI] Metrocall, Inc. (Metrocall) or subscription to, such services. Omnipoint Communications, Inc § 64.2007 [Amended] Federal Acquisition Regulation; Paging Network, Inc. (PageNet) Technical Amendments; Correction Personal Communications Industry 3. In § 64.2007 remove paragraph Association (PCIA) AGENCIES: (f)(4). Department of Defense (DoD), RAM Technologies, Inc. (RAM) General Services Administration (GSA), SBC Communications Inc. and National Aeronautics and Space Sprint Corporation § 64.2009 [Amended] Administration (NASA). TDS Telecommunications Corporation 4. In § 64.2009, paragraphs (a), (c) and ACTION: Technical amendments; United States Telephone Association (USTA) (e) are revised to read as follows: Vanguard Cellular Systems, Inc. (Vanguard) Correction of Effective Date. Petitions for Forbearance (a) Telecommunications carriers must implement a system by which the status SUMMARY: FAC 97–14, Item XVI, Personal Communications Industry Technical Amendments, which was Association (PCIA) of a customer’s CPNI approval can be clearly established prior to the use of published in the Federal Register on Petitions for Reconsideration/Forbearance CPNI. September 24, 1999, is corrected to 360° Communications Company amend the effective date of the * * * * * Ameritech amendment to 52.211–6. The document Bell Atlantic Telephone Companies (Bell (c) All carriers shall maintain a amended the Federal Acquisition Atlantic) record, electronically or in some other Regulation to update references and Cellular Telecommunications Industry Association manner, of their sales and marketing make editorial changes. CommNet Cellular Inc. campaigns that use CPNI. The record EFFECTIVE DATE: This correction is GTE Service Corporation (GTE) must include a description of each effective September 24, 1999. National Telephone Cooperative Association campaign, the specific CPNI that was FOR FURTHER INFORMATION CONTACT: The (NTCA) used in the campaign, the date and FAR Secretariat, Room 4035, GS Paging Network, Inc. purpose of the campaign, and what PrimeCo Personal Communications, L.P. Building, Washington, DC 20405, (202) United States Telephone Association products or services were offered as part 501–4755. of the campaign. Carriers shall retain the Rule Changes record for a minimum of one year. Correction For the reasons discussed in the * * * * * In the issue of September 24, 1999, on preamble, 47 CFR Part 64 is amended as page 51850, middle column, the (e) A telecommunications carrier must follows: effective date is corrected to read as have an officer, as an agent of the follows: carrier, sign a compliance certificate on PART 64ÐMISCELLANEOUS RULES EFFECTIVE DATE: September 24, 1999, RELATING TO COMMON CARRIERS an annual basis stating that the officer except for sections 19.102, 52.211–6, has personal knowledge that the 1. The authority citation for part 64 and 52.219–18 which are effective company has established operating November 23, 1999. continues to read as follows: procedures that are adequate to ensure Authority: 47 U.S.C. 10, 201, 218, 226, 228, compliance with the rules in this Dated: September 27, 1999. 332, unless otherwise noted. subpart. The carrier must provide a Edward C. Loeb, Director, Federal Acquisition Policy Division. § 64.2005 [Amended] statement accompanying the certificate [FR Doc. 99–25537 Filed 9–30–99; 8:45 am] 2. In § 64.2005, paragraph(b)(1) is explaining how its operating procedures revised, paragraph (b)(3) is removed, ensure that it is or is not in compliance BILLING CODE 6820±EP±M and paragraph (d) is added to read as with the rules in this subpart. follows: * * * * * DEPARTMENT OF TRANSPORTATION * * * * * [FR Doc. 99–25232 Filed 9–30–99; 8:45 am] (b) * * * BILLING CODE 6712±01±U Surface Transportation Board (1) A wireless provider may use, disclose, or permit access to CPNI 49 CFR Parts 1002, 1003, 1007, 1011, derived from its provision of CMRS, 1012, 1014, 1017, 1018, 1019, 1021, without customer approval, for the 1034, 1039, 1100, 1101, 1103, 1104, provision of CPE and information 1105, 1113, 1133, 1139, 1150, 1151, service(s). A wireline carrier may use, 1152, 1177, 1180, and 1184 disclose or permit access to CPNI derived from its provision of local [STB Ex Parte No. 572 (Sub-No. 2] exchange service or interexchange Revision of Miscellaneous Regulations service, without customer approval, for the provision of CPE and call answering, AGENCY: Surface Transportation Board, voice mail or messaging, voice storage Transportation.

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ACTION: Final rules. changed address (parts 1007, 1012, and Moreover, we find good cause for 1105). We are deleting room number making these rules effective on less than SUMMARY: The Surface Transportation references (parts 1012, 1014, 1105). We the usual 30 days’ notice under 5 U.S.C. Board (Board) is revising, correcting, are also removing telephone numbers 553(d), so that these changes will be and updating regulations. Among the from the regulations (parts 1100 and effective by October 1, 1999, and changes being made are the replacement 1105) to eliminate such outdated therefore included in the next edition of of obsolete statutory references, the references and because the public has the Code of Federal Regulations. updating of office and address ready access to telephone numbers for references, and the removal of key contacts at the Board through the Small Entities references to obsolete organizational Board’s Internet web site at The Board certifies that this rule will components. The Board is also making www.stb.dot.gov. Where public not have a significant economic effect spelling, grammatical, terminology, agencies or the public are to be notified on a substantial number of small explanatory, and typographical changes. by transmittal letter or newspaper entities, because, generally, obsolete, EFFECTIVE DATE: These rules are effective notice, however, we are requiring that incorrect, and outdated references are October 1, 1999. the appropriate Board telephone being changed. The changes will have FOR FURTHER INFORMATION CONTACT: number be included (see appendices to no economic effect on small entities. Beryl Gordon, (202) 565–1600. [TDD for Sections 1105.11 and 1105.12). the hearing impaired: (202) 565–1695.] We are also making spelling, Environment grammatical, terminology, explanatory, SUPPLEMENTARY INFORMATION: We are This action will not significantly and typographical changes (parts 1002, updating, correcting, and revising our affect either the quality of the human 1039, 1104, 1105, 1113, 1133, 1151, regulations in 49 CFR chapter X. Some 1152, and 1180). References limiting environment or the conservation of of these changes are required by the credit card payments to VISA and energy resources. enactment of the ICC Termination Act of Mastercard have been eliminated (parts List of Subjects 1995, Pub. L. 104–88, 109 Stat. 803 1002 and 1018), while the option of (ICCTA). For example, we are replacing credit card payment has been added in 49 CFR Part 1002 obsolete statutory citations in parts parts 1103 and 1152. A case citation has Administrative practice and 1151, 1177, and 1184. We are also been updated (part 1150). It appears removing references to divisions and procedure, Common carriers, Freedom that, when the regulations were of information, User fees. joint boards (see parts 1012 and 1101). previously updated, we inadvertently We are also revising outdated office changed references to state public 49 CFR Part 1003 citations. References to the Office of commissions to ‘‘Boards’’ (parts 1139, Tariffs (Part 1011), the Office of Administrative practice and 1150, and 1152) and we also changed procedure. Consumer Protection (Part 1021), and historical references to the Interstate the Railroad Service Board (part 1034) Commerce Commission (part 1139, 49 CFR Part 1007 are being changed to the Office of Appendix I to subpart B). We are Compliance and Enforcement. revising those references. Administrative practice and References to the Budget and Fiscal We are removing Section 1011.4(c)(7). procedure, Privacy. Office are being changed to the Section It refers to 49 U.S.C. 1483, which 49 CFR Part 1011 of Financial Services (parts 1002, 1017, concerns joint boards appointed by the and 1018). The Office of Economics is Civil Aeronautics Board (CAB) and the Administrative practice and now the Office of Economics, Interstate Commerce Commission (ICC). procedure, Authority delegations Environmental Analysis, and That statute, as it pertains to joint (Government agencies), Organization Administration, and the Section of boards, was repealed by Pub. L. 103– and functions (Government agencies). Energy and Environment is now the 272, section 7(b), July 5, 1994, 108 Stat. 49 CFR Part 1012 Section of Environmental Analysis 745. Accordingly, retaining this rule is (parts 1011 and 1105). The Office of unnecessary.1 Finally, outdated Sunshine Act. Public Assistance has been changed to references to committees of the Board 49 CFR Part 1014 the Office of Congressional and Public (part 1012) are being removed.2 Services (parts 1011 and 1105). The Because these changes either remove Administrative practice and references to the Office of Human obsolete regulations, make revisions that procedure, Civil rights, Equal Relations in section 1014.170 and the are not substantive, or update rules to employment opportunity, Federal Office of the Managing Director in reflect current agency practice, we find buildings and facilities, Handicapped. section 1019.6 are changed to the good cause to dispense with notice and Section of Personnel Services. comment. 5 U.S.C. 553(b)(3)(A) and (B). 49 CFR Part 1017 References to the System Services Credit, Government employees. Branch are being changed to the Section 1 Under former sections 1483(a) and (c), matters of Systems Services (Part 1002). The concerning through service and joint rates between 49 CFR Part 1018 reference in Part 1019 to the Managing air carriers and common carriers subject to the Interstate Commerce Act could be referred to a joint Claims, Debts. Director’s Counsel are changed to the board upon complaint. Complaints could also be Executive Counsel. made to the ICC or CAB on any matter that could 49 CFR Part 1019 References to the following obsolete be referred to a joint board. While these sections have been repealed, parts of former section 1483 Government employees. offices are being eliminated: the Office have been recodified at 49 U.S.C. 41502, which of the Managing Director (part 1007), the concerns joint prices and through service between 49 CFR Part 1021 Bureau of Accounts (part 1139), the air carriers and other carriers, including carriers Publications Unit (part 1003), and the subject to subtitle IV. Claims. 2 Office of Hearings and the Legal Branch At one time, the ICC had three standing committees on legislation, policy planning, and 49 CFR Part 1034 (part 1011). We are revising our rules. See Meetings of the Commission, Ex Parte No. regulations to reflect the Board’s 333, 41 FR 56340, 56341 (Dec. 28, 1976). Railroads.

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49 CFR Part 1039 By the Board, Chairman Morgan, Vice 11. Remove the address ‘‘Twelfth Chairman Clyburn and Commissioner Agricultural commodities, Intermodal Street and Constitution Avenue, NW.,’’ Burkes. and add in its place the address ‘‘1925 transportation, Manufactured Vernon A. Williams, commodities, Railroads. K Street, NW,’’ in sections 1007.3(a), Secretary. 1007.6(c), 1007.8(d), and 1007.11(b). 49 CFR Part 1100 For the reasons set forth in the preamble, title 49, chapter X, parts 1002, PART 1011ÐBOARD ORGANIZATION; Administrative practice and 1003, 1007, 1011, 1012, 1014, 1017, DELEGATIONS OF AUTHORITY procedure. 1018, 1019, 1021, 1034, 1039, 1100, 49 CFR Part 1101 1101, 1103, 1104, 1105, 1113, 1133, 12. The authority citation for Part 1011 continues to read as follows: Administrative practice and 1139, 1150, 1151, 1152, 1177, 1180, and procedure. 1184 of the Code of Federal Regulations Authority: 5 U.S.C. 553; 31 U.S.C. 7901; are amended as follows: and 49 U.S.C. 701, 721, 11144, 14122, and 49 CFR Part 1103 15721. PART 1002ÐFEES Administrative practice and procedure, Lawyers. 1. The authority citation for Part 1002 §§ 1011.4, 1011.7 and 1011.8 [Amended] continues to read as follows: 13. Section 1011.4(c)(7) is removed 49 CFR Part 1104 Authority: 5 U.S.C. 552(a)(4)(A) and 553; and reserved. Administrative practice and 31 U.S.C. 9701; and 49 U.S.C. 721. 14. Remove the words ‘‘assigned to procedure. the Office of Hearings’’ and add in their § 1002.1 [Amended] 49 CFR Part 1105 place the words ‘‘set for oral hearings’’ 2. Remove the words ‘‘electrostatic in section 1011.7(c)(3). Environmental impact statements, copies’’ and add in their place the word 15. Remove the words ‘‘Director of the Reporting and recordkeeping ‘‘photocopies’’ in sections 1002.1(d) and Office of Economics, the Deputy requirements. 1002.1(f)(7) . Director of Economics-Accounts, and 49 CFR Part 1113 3. Remove the words ‘‘System the Chief of the Section of Audit and Services Branch’’ and add in their place Accounting’’ and add in their place the Administrative practice and the words ‘‘Section of Systems words ‘‘Director and Associate Director procedure. Services’’ in section 1002.1(e)(2). of the Office of Economics, 49 CFR Part 1133 4. Remove the word ‘‘rates’’ and add Environmental Analysis, and in its place the word ‘‘rate’’ in section Claims, Freight. Administration and the Chief of the 1002.1(e)(3). Section of Economics’’ in section 49 CFR Part 1139 5. Remove the words ‘‘Budget and 1011.7(g). Fiscal Office’’ and add in their place the Administrative practice and 16. Remove the words ‘‘Office of words ‘‘Section of Financial Services’’ procedure, Motor carriers, Reporting Public Assistance’’ and add in their in sections 1002.2(a)(2) and and recordkeeping requirements. place the words ‘‘Office of 1002.2(a)(2)(iii). Congressional and Public Services’’ in 49 CFR Part 1150 6. Revise section 1002.2(a)(3) to read as follows: sections 1011.8(a) and 1011.8(a)(1). Administrative practice and 17. Remove the words ‘‘Legal procedure, Railroads. § 1002.2 Filing Fees. Branch,’’ in section 1011.8(b)(2). 49 CFR Part 1151 (a) * * * 18. Remove the words ‘‘Office of (3) Fees will be payable to the Tariffs’’ and add in their place the Administrative practice and Secretary, Surface Transportation Board, words ‘‘Office of Compliance and procedure, Railroads. by check payable in United States Enforcement’’ in section 1011.8(b)(2). 49 CFR Part 1152 currency drawn upon funds deposited 19. Remove the words ‘‘Section of in a United States or foreign bank or Administrative practice and Energy and Environment’’ and add in other financial institution, money order their place the words ‘‘Section of procedure, Conservation, Environmental payable in United States currency, or by protection, National forests, National Environmental Analysis’’ in section credit card. 1011.8(c)(10). parks, National trails system, Public * * * * * lands—rights-of-way, Railroads, PART 1012ÐMEETINGS OF THE Recreation and recreation areas, PART 1003ÐFORMS BOARD Reporting and recordkeeping requirements. 7. The authority citation for Part 1003 20. The authority citation for Part continues to read as follows: 49 CFR 1177 1012 continues to read as follows: Authority: 49 U.S.C. 721 and 13301(f). Authority: 5 U.S.C. 552b(g), 49 U.S.C. 701, Administrative practice and 721. procedure, Archives and records, § 1003.1 [Amended] Railroads. 8. Remove the words ‘‘Publications 21. Revise the second, third, and Unit,’’ in section 1003.1(c). fourth sentences of section 1012.1(a) to 49 CFR Part 1180 read as follows: Administrative practice and PART 1007ÐRECORDS CONTAINING procedure, Bankruptcy, Railroads, INFORMATION ABOUT INDIVIDUALS § 1012.1 General provisions. Reporting and recordkeeping (a) * * * They establish procedures requirements. 9. The authority citation for Part 1007 under which meetings of the Surface continues to read as follows: Transportation Board (Board) are held. 49 CFR Part 1184 Authority: 5 U.S.C. 552; 49 U.S.C. 721. They apply to oral arguments as well as Administrative practice and 10. Remove the words ‘‘Office of the to deliberative conferences. They apply procedure, Motor carriers. Managing Director,’’ in sections to meetings of the Board. * ** Decided: September 24, 1999. 1007.3(a), 1007.8(d), and 1007.11(b). * * * * *

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22. Remove the words ‘‘a Division, or §§ 1017.4 and 1017.9 [Amended] Enforcement’’ in sections 1034.1(a) and a committee of the Board’’ in section 29. Remove the words ‘‘Fiscal 1034.1(c). 1012.1(b). Services Branch’’ and add in their place 23. Revise section 1012.2(a), the third the words ‘‘Section of Financial PART 1039ÐEXEMPTIONS sentence of section 1012.2(b), and Services’’ in section 1017.4(a). 41. The authority citation for Part section 1012.2(c) to read as follows: 30. Remove the words ‘‘Budget and Fiscal Office’’ and add in their place the 1039 continues to read as follows: § 1012.2 Time and place of meetings. words ‘‘Section of Financial Services’’ Authority: 5 U.S.C. 553; 49 U.S.C. 10502 (a) Conferences, oral arguments, and in sections 1017.9(a) and 1017.9(a)(6). and 13301. other meetings are held at the Board’s 42. Amend section 1039.10, to correct offices located at 1925 K Street, NW, PART 1018ÐDEBT COLLECTION the spelling of ‘‘mattress’’ in the item of Washington, DC, unless advance notice 31. The authority citation for Part the table relating to STCC number 22– of an alternative site is given. Room 1018 continues to read as follows: 911–63. assignments will be posted at the Board on the day of the meeting. Authority: 31 U.S.C. 3701, 31 U.S.C. 3711 PART 1100ÐGENERAL PROVISIONS (b) * * * Regular Board conferences et seq., 49 U.S.C. 721, 4 CFR parts 101–105. and oral arguments before the Board 43. The authority citation for Part normally begin at 9:30 a.m. * ** §§ 1018.3 and 1018.29 [Amended] 1100 continues to read as follows: (c) Special Board conferences or oral 32. Remove the words ‘‘Budget and Authority: 49 U.S.C. 721. arguments are scheduled by the Fiscal Office’’ and add in their place the Chairman of the Board. words ‘‘Section of Financial Services’’ 44. Revise section 1100.4 to read as in sections 1018.3 and 1018.29(c). follows: * * * * * 33. Remove the words ‘‘(VISA or 24. Remove the words ‘‘by posting a § 1100.4 Information and inquiries. MASTERCARD)’’ and ‘‘room 1330,’’ in notice on the bulletin board in the section 1018.29(c). Persons with questions concerning Board’s Public Information Office,’’ in these rules should either send a written section 1012.3(a). PART 1019ÐREGULATIONS inquiry to the Secretary, Surface 25. Revise the first sentence of section GOVERNING CONDUCT OF SURFACE Transportation Board or should 1012.3(b)(4) to read as follows: TRANSPORTATION BOARD telephone the Secretary’s Office. EMPLOYEES § 1012.3 Public notice. PART 1101ÐDEFINITIONS AND * * * * * 34. The authority citation for Part CONSTRUCTION (b) * * * 1019 continues to read as follows: 45. The authority citation for Part (4) If a vote is taken on the question Authority: 49 U.S.C. 721. of whether to close a meeting or a 1101 continues to read as follows: 35. Remove the words ‘‘Managing portion of a meeting to the public, a Authority: 49 U.S.C. 721. statement of the vote or position of each Director’s’’ and add in their place the Board Member eligible to participate in words ‘‘Board’s Executive’’ in section 46. Remove the words ‘‘a division of that vote. * * * 1019.2(a). the Board,’’ and ‘‘a joint board,’’ in 36. Revise the last sentence of section section 1101.2(b). * * * * * 1019.6 to read as follows: PART 1103ÐPRACTITIONERS PART 1014ÐENFORCEMENT OF § 1019.6 Disciplinary and other remedial NONDISCRIMINATION ON THE BASIS action. 47. The authority citation for Part OF HANDICAP IN PROGRAMS OR ** * The manual is available from 1103 continues to read as follows: ACTIVITIES CONDUCTED BY THE the Section of Personnel Services, Authority: 21 U.S.C. 862; 49 U.S.C. 703(e), SURFACE TRANSPORTATION BOARD Surface Transportation Board, 721. Washington, DC 20423. 26. The authority citation for Part 48. Revise the second sentence in 1014 continues to read as follows: PART 1021ÐADMINISTRATIVE 1103.3(d) to read as follows: Authority: 29 U.S.C. 794. COLLECTION OF ENFORCEMENT § 1103.3 Persons not attorneys-at-lawÐ 27. Revise the second sentence of CLAIMS qualifications and requirements for practice section 1014.170(c) to read as follows: 37. The authority citation for Part before the Board. * * * * * § 1014.170 Compliance procedures. 1021 continues to read as follows: (d) * * * Payment must be made * * * * * Authority: 31 U.S.C. 3701, 3711, 3717, 3718. either by check, money order or credit (c) * * * Complaints may be sent to card payable to the Surface the Section of Personnel Services, Transportation Board. * ** Surface Transportation Board, §§ 1021.3 [Amended] Washington, DC 20423. 38. Remove the words ‘‘Consumer * * * * * * * * * * Protection’’ and add in their place the words ‘‘Compliance and Enforcement’’ PART 1104ÐFILING WITH THE in section 1021.3. BOARDÐCOPIESÐVERIFICATIONÐ PART 1017ÐDEBT COLLECTIONÐ SERVICE-PLEADINGS, GENERALLY COLLECTION BY OFFSET FROM PART 1034ÐROUTING OF TRAFFIC INDEBTED GOVERNMENT AND 49. The authority citation for Part FORMER GOVERNMENT EMPLOYEES 39. The authority citation for Part 1104 continues to read as follows: 1034 continues to read as follows: 28. The authority citation for Part Authority: 5 U.S.C. 559; 21 U.S.C. 853a; 49 1017 continues to read as follows: Authority: 49 U.S.C. 721, 11123. U.S.C. 721. Authority: 31 U.S.C. 3716; 5 U.S.C. 5514; 40. Remove the words ‘‘Railroad 50. Amend the first sentence in Pub L. 97–365; 4 CFR parts 101–105; 5 CFR Service Board’’ and add in their place section 1104.15(b) to correct the spelling part 550. the words ‘‘Office of Compliance and of the word ‘‘certify.’’

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PART 1105ÐPROCEDURES FOR both of the newspaper notices in the PART 1151ÐFEEDER RAILROAD IMPLEMENTATION OF appendix to section 1105.12. DEVELOPMENT PROGRAM ENVIRONMENTAL LAWS PART 1113ÐORAL HEARING 74. The authority citation for Part 51. The authority citation for Part 1151 continues to read as follows: 1105 continues to read as follows: 62. The authority citation for Part Authority: 49 U.S.C. 10907. 1113 continues to read as follows: Authority: 5 U.S.C. 553 and 559; 16 U.S.C. 75. Remove the reference to ‘‘10910’’ 470f, 1451, and 1531; 42 U.S.C. 4332 and Authority: 5 U.S.C. 559; 49 U.S.C. 721. and add in its place ‘‘10907’’ and 6362(b); and 49 U.S.C. 701 note (1995) remove the reference to ‘‘10910(c)(1) (section 204 of the ICC Termination Act of 63. Revise ‘‘protest’’ to ‘‘protests’’ in 1995), 721(a), 10502, and 10903–10905. section 1113.19. and add in its place ‘‘10907(c)(1)’’ in section 1151.1. 52. Remove the words ‘‘Office of PART 1133ÐRECOVERY OF 76. Revise ‘‘(GVC)’’ to ‘‘(GCV)’’ in Economics’’ and add in their place the DAMAGES section 1151.3(a)(3)(i). words ‘‘Office of Economics, Environmental Analysis, and 64. The authority citation for Part PART 1152ÐABANDONMENT AND Administration’’ in section 1105.2 1133 continues to read as follows: DISCONTINUANCE OF RAIL LINES AND RAIL TRANSPORTATION UNDER 53. Remove the words ‘‘Energy and Authority: 49 U.S.C. 721. Environment’’ and add in their place the 49 U.S.C. 10903 words ‘‘Environmental Analysis’’ in 65. Revise ‘‘connot’’ to ‘‘cannot’’ in 77. The authority citation for Part sections 1105.2, 1105.3, 1105.4(i), section 1133.2(a). 1152 continues to read as follows: 1105.10(a)(1), 1105.10(a)(3), 1105.10(b), the appendix to section 1105.11, and PART 1139ÐPROCEDURES IN MOTOR Authority: 11 U.S.C. 1170; 16 U.S.C. both of the newspaper notices in the CARRIER REVENUE PROCEEDINGS 1247(d) and 1248; 45 U.S.C. 744; and 49 appendix to section 1105.12. U.S.C. 701 note (1995) (section 204 of the ICC 66. The authority citation for Part Termination Act of 1995), 721(a), 10502, 55. Revise section 1105.3 to read as 10903–10905, and 11161. follows: 1139 continues to read as follows: Authority: 49 U.S.C. 721, 13703. 78. Remove the words ‘‘public service § 1105.3 Information and assistance. Board’’ and add in their place the words Information and assistance regarding 67. Remove the word ‘‘Boards’’ and ‘‘Public Service Commission’’ in section the rules and the Board’s environmental add in its place the word 1152.12(b). and historic review process is available ‘‘commissions’’ in section 1139.22. 79. Revise the third sentence of by writing or calling the Section of 68. Remove the words ‘‘Bureau of section 1152.24 (a) to read as follows: Environmental Analysis, Surface Accounts,’’ in the explanatory note to § 1152.24 Filing and service of application. Transportation Board, 1925 K Street, Schedule A regarding ‘‘Column (a)’’ in NW, Washington, DC 20423. section 1139.26. (a) * * * A check, money order or payment by credit card payable to the 56. Remove the acronym ‘‘SEE’’ and 69. Remove the words ‘‘Surface Surface Transportation Board must also add in its place the acronym ‘‘SEA’’ in Transportation Board’’ and add in their be submitted to cover the applicable sections 1105.4(i), 1105.4(j), place the words ‘‘Interstate Commerce filing fee. * ** 1105.7(b)(11), 1105.10(b), 1105.10(d), Commission’’ in the third and fourth * * * * * 1105.10(g), the appendix to section paragraphs of Appendix I to Subpart B. 1105.11, and both of the newspaper 80. Remove the words ‘‘Public Service notices in the appendix to section PART 1150ÐCERTIFICATE TO Board’’ and add in their place the words 1105.12. CONSTRUCT, ACQUIRE, OR OPERATE ‘‘Public Service Commission’’ in section 57. Remove the words ‘‘12th and RAILROAD LINES 1152.24(c). Constitution Avenue, NW,’’ and add in 81. Amend section 1152.29(b)(1)(ii) by their place the words ‘‘1925 K Street, 70. The authority citation for Part adding ‘‘(CITU)’’ after ‘‘Certificate of NW.,’’ in section 1105.3 and both of the 1150 continues to read as follows: Interim Trail Use or Abandonment’. newspaper notices in the appendix to Authority: 5 U.S.C. 553 and 559; 49 U.S.C. PART 1177ÐRECORDATION OF section 1105.12. 721(a), 10502, 10901, and 10902. DOCUMENTS 58. Revise ‘‘i.e,’’ to ‘‘i.e.,’’ in section 1105.4(j). 71. Remove the words ‘‘Energy and 82. The authority citation for Part 59. Remove the words ‘‘room 3219, Environmental Branch’’ and add in their 1177 continues to read as follows: place the words ‘‘Section of Surface Transportation Board,’’ and add Authority: 49 U.S.C. 721, 11301. in their place the words ‘‘Surface Environmental Analysis’’ in sections 83. Revise ‘‘(84)’’ to ‘‘(83)’’ in section Transportation Board, 1925 K Street, 1150.1(b) and 1150.10(g). 1177.3(c). NW’’ in the appendix to section 72. Revise the last sentence in section 84. Revise ‘‘11303’’ to ‘‘11301’’ in 1105.11. 1150.16 to read as follows: section 1177.4(b). 60. Remove the words ‘‘Public § 1150.16 Procedures Assistance’’ and add in their place the PART 1180ÐRAILROAD ACQUISITION, words ‘‘Congressional and Public * * * See Exemption of Certain CONTROL, MERGER, Services’’ in both of the newspaper Designated Operators from Section CONSOLIDATION PROJECT, notices in the appendix to section 11343, 361 ICC 379 (1979), as modified TRACKAGE RIGHTS, AND LEASE 1105.12. by McGinness v. I.C.C., 662 F.2d 853 PROCEDURES 61. Remove the telephone numbers (D.C. Cir. 1981). ‘‘202–927–6211’’ and ‘‘202–927–7597’’ 73. Remove the words ‘‘State Public 85. The authority citation for Part and add in their place the words Service Board’’ and add in their place 1180 continues to read as follows: ‘‘[INSERT TELEPHONE NUMBER]’’ in the words ‘‘State Public Service Authority: 5 U.S.C. 553 and 559; 11 U.S.C. the appendix to section 1105.11 and Commission’’ in section 1150.36(c). 1172; 49 U.S.C. 721, 10502, 11323–11325.

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86. Revise ‘‘analyses’’ to ‘‘analysis’’ in The marking and reporting is necessary Classification section 1180.4(b)(1)(ii). to provide essential biological data for 87. Amend the second sentence of the management and conservation of the An EA has been prepared by NMFS to 1180.6(a)(8) by adding the word ‘‘of’’ stock. The effect of the information will address this action and is available for after ‘‘no later than the filing’’. be to provide a more sound scientific public review and comment. Persons 88. Amend section 1180.7(d) by basis for management of the stock. wishing to obtain this EA should contact NMFS Anchorage Field Office adding the word ‘‘as’’ after ‘‘as well’’. DATES: Effective October 1, 1999. 89. Amend section 1180.9(c) by (see ADDRESSES). ADDRESSES: A copy of the This rule has been determined to be putting footnote marker 8 in superscript. Environmental Assessment (EA) for this not significant for purposes of E.O. action may be obtained by contacting PART 1184ÐMOTOR CARRIER 12866. POOLING OPERATIONS Brad Smith: NMFS, 222 West 7th Avenue, Box 43, Anchorage, Alaska Because prior notice and opportunity 90. The authority citation for Part 99513. Comments regarding the burden- for public comment are not required by 1184 continues to read as follows: hour estimate or any other aspect of the 5 U.S.C. 553 or by any other law, under 5 U.S.C. 603(b) the analytical Authority: 49 U.S.C. 721, 14302. collection of information in this rule should be sent to the preceding requirements of the Regulatory 91. Remove the references to individual and to the Office of Flexibility Act, 5 U.S.C. et seq. are not ‘‘11342(b)’’ and add in their place Information and Regulatory Affairs, applicable to this rule. Accordingly, an ‘‘14302’’ in sections 1184.1 and 1184.2. Office of Management and Budget initial Regulatory Flexibility Analysis [FR Doc. 99–25302 Filed 9–30–99; 8:45 am] (OMB), Attention: NOAA Desk Officer, was not prepared for this rule. BILLING CODE 4915±00±P Washington, DC 20503. This rule contains a collection-of- FOR FURTHER INFORMATION CONTACT: Brad information requirement subject to the Smith: telephone (907) 271–5006. Paperwork Reduction Act (PRA) and DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: which has been approved by OMB under control number 0648-0382. The Background National Oceanic and Atmospheric public reporting burden for this Administration On May 24, 1999, NMFS published an collection of information is estimated to interim final rule amending 50 CFR average thirty minutes per response, 50 CFR Part 216 216.23 to require that Alaskan Natives including the time necessary to remove [Docket No. 990414095±9251±02; I.D. harvesting beluga whales in Cook Inlet and label the jawbone and complete the 033199B] collect the left lower jaw from harvested reporting form. Send comments whales and complete a report (64 FR regarding this burden estimate, or any RIN 0648±AM57 27925). In order to allow the other aspect of this data collection, opportunity for public comment, the Regulations Governing the Taking of including suggestions for reducing the rule was promulgated as an interim rule Marine Mammals by Alaskan Natives; burden, to NMFS and OMB (see with a request for public comment. In Marking and Reporting of Beluga ADDRESSES) addition, NMFS held a public hearing Whales Harvested in Cook Inlet Notwithstanding any other provision on the rule on July 26. Background of the law, no person is required to AGENCY: National Marine Fisheries information on the Cook Inlet stock of respond to, nor shall any person be Service (NMFS), National Oceanic and beluga whales, the Alaskan Native subject to a penalty for failure to comply Atmospheric Administration (NOAA), subsistence harvest, and the need for the with, a collection of information subject Commerce. regulation were contained in the to the requirements of the PRA, unless ACTION: Final rule. publication of the interim final rule. that collection of information displays a No written comments were received currently valid OMB Control Number. SUMMARY: This rule finalizes the interim in response to the request for comments, final rule published in the Federal and no comments were received at the Dated: September 15, 1999. Register on May 24, 1999, without public hearing. Accordingly, the interim Andrew Kemmerer, changes. The rule requires the marking final rule amending 50 CFR part 216, Acting Assistant Administrator for Fisheries, and reporting of beluga whales, which was published at 64 FR 27925 on National Marine Fisheries Service. Delphinapterus leucas, harvested from May 24, 1999, is adopted as a final rule [FR Doc. 99–25464 Filed 9–30–99; 8:45 am] Cook Inlet, Alaska, by Alaskan Natives. without change. BILLING CODE 3510±22±F

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Proposed Rules Federal Register Vol. 64, No. 190

Friday, October 1, 1999

This section of the FEDERAL REGISTER established by NRC for this rulemaking power in their ECCS analyses where contains notices to the public of the proposed (see the discussion under Electronic justified. issuance of rules and regulations. The Access in the Supplementary Several licensees have expressed purpose of these notices is to give interested Information section). Obtain single interest in using updated feedwater flow persons an opportunity to participate in the copies of the environmental assessment measurement technology discussed later rule making prior to the adoption of the final rules. and the regulatory analysis from the in ‘‘Calorimetric Uncertainty and NRC contact given below. Feedwater Flow Measurement’’ as a FOR FURTHER INFORMATION CONTACT: Mr. basis for seeking exemptions from the NUCLEAR REGULATORY Joseph E. Donoghue, Office of Nuclear Appendix K power level requirement COMMISSION Reactor Regulation, U.S. Nuclear and to implement power uprates. One Regulatory Commission, Washington, licensee, Texas Utilities Electric 10 CFR Part 50 D.C. 20555–0001; telephone: 301–415– Company (TUE), has obtained an RIN 3150ÐAG26 1131; or by Internet electronic mail to exemption from the Appendix K [email protected]. requirement for Comanche Peak Units 1 Emergency Core Cooling System and 2 and is pursuing an increase in Evaluation Models SUPPLEMENTARY INFORMATION: licensed power based, in part, on more accurate feedwater flow measurement Background AGENCY: Nuclear Regulatory capability. The prospect of additional Commission. A holder of an operating license (i.e., exemption requests from other licensees ACTION: Proposed rule. the licensee) for a light-water power provides the impetus for the proposed reactor is required by regulations issued rule. SUMMARY: The Nuclear Regulatory by the NRC to submit a safety analysis The objective of this rulemaking is to Commission (NRC) is proposing to report that contains an evaluation of reduce an unnecessarily burdensome amend its regulations to allow holders emergency core cooling system (ECCS) regulatory requirement. Appendix K of operating licenses for nuclear power performance under loss-of-coolant was issued to ensure an adequate plants to reduce the assumed reactor accident (LOCA) conditions. 10 CFR performance margin of the ECCS in the power level used in evaluations of 50.46, ‘‘Acceptance criteria for event a design-basis LOCA were to emergency core cooling system (ECCS) emergency core cooling systems for occur. The margin is provided by performance. Under the proposed rule, light-water nuclear power reactors,’’ conservative features and requirements licensees would be given the option to requires that ECCS performance under of the evaluation models and by the apply a reduced margin for ECCS LOCA conditions be evaluated and that ECCS performance criteria. The existing evaluation or to maintain the value of the estimated performance satisfy regulation does not require that the reactor power currently mandated in the certain criteria. Licensees may conduct power measurement uncertainty be regulation. This action would allow an analysis that ‘‘realistically describes demonstrated, but rather mandates a 2- interested licensees to pursue small, but the behavior of the reactor system percent margin to account for cost-beneficial, power uprates and during a LOCA’’ (often termed a ‘‘best- uncertainties, including those expected would reduce unnecessary regulatory estimate analysis’’), or they may develop to be involved with measuring reactor burden without compromising the a model that conforms with the power. By allowing licensees to justify margin of safety of the facility. requirements of Appendix K to 10 CFR a smaller margin for power DATES: The comment period expires on Part 50. Most ECCS evaluations are measurement uncertainty, the proposed December 15, 1999. Comments received based on Appendix K requirements. The rule does not violate the underlying after this date will be considered if it is opening sentence of Appendix K purpose of Appendix K. The intent of practical to do so but the NRC is able establishes the requirement to conduct Appendix K, to ensure sufficient margin to assure consideration only for ECCS analyses at a specified power to ECCS performance in the event of a comments received on or before this level: ‘‘It shall be assumed that the LOCA, would still be met because of the date. reactor has been operating continuously substantial conservatism of other ADDRESSES: Mail written comments to: at a power level at least 1.02 times the Appendix K requirements. The Secretary, U.S. Nuclear Regulatory licensed power level (to allow for such proposed rule would not significantly Commission, Washington, D.C. 20555– uncertainties as instrumentation error).’’ affect plant risk, as discussed in the 0001, Attention: Rulemakings and Licensees have proposed using section entitled, ‘‘ECCS Evaluation Adjudications Staff, Mail Stop O–16C1. instrumentation that would reduce the Conservatism.’’ Deliver written comments to: One uncertainties associated with Another objective is to avoid White Flint North, 11555 Rockville measurement of reactor power when unnecessary exemption requests. As Pike, Rockville, Maryland between 7:30 compared with existing methods of discussed above, a licensee has obtained a.m. and 4:15 p.m. on Federal workdays. power measurement. This would justify an exemption from the 2-percent margin Documents related to this rulemaking a reduced margin between the licensed requirement in 10 CFR Part 50, may be examined at the NRC Public power level and the power level Appendix K. It is likely that additional Document Room, 2120 L Street, NW. assumed for ECCS evaluations. The exemption requests will be submitted. (Lower Level), Washington, D.C. proposed rule would revise this Revising the rule to remove the need for Documents also may be viewed and provision in Appendix K, thereby licensees to obtain exemptions is downloaded electronically via the allowing licensees the option of using a considered by the NRC to be a prudent interactive rulemaking Web site value lower than 102 percent of licensed regulatory action.

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If adopted, the proposed rule would amendment requests based on the rules were adopted in 1974 (39 FR 1001, give licensees the option of applying a proposed rule will address the January 4, 1974), and were preceded by reduced margin between the licensed suitability of non-LOCA analyses for a formal rulemaking hearing which power level and the assumed power operation at proposed higher power ultimately resulted in a Commission level for ECCS evaluation, or levels. decision on the proposed rulemaking, maintaining the current margin of 2- In addition to comments on the CLI–73–39, 6 AEC 1085 (December 28, percent power. As discussed in the proposed rule, the NRC is seeking 1973). Neither the statement of section entitled ‘‘ECCS Evaluation comments on the specific issues set considerations (SOC) for the final rule Conservatism,’’ the NRC has concluded forth below under ‘‘Issues for Public nor the Commission decision appear to that the 2 percent power margin Comment.’’ provide specific basis for the required requirement in the existing rule appears Conservatisms in Appendix K ECCS assumption of 102 percent power. The SOC for the final 1974 rule to be based solely on considerations Evaluation Model associated with power measurement discusses the 102 percent power extant at the time of the original ECCS Appendix K defines conservative assumption in general terms, and does rulemaking. If licensees can show that analysis assumptions for ECCS not mention instrumentation the uncertainties associated with power performance evaluations during design- uncertainty: basis LOCAs. Large safety margins are measurement instrumentation errors are The Commission believes that the less than 2 percent, thereby justifying a provided by conservatively selecting the implementation of the new regulations will smaller margin, then the current rule ECCS performance criteria as well as ensure an adequate margin of performance of unnecessarily restricts operation. conservatively establishing ECCS the ECCS should a design basis LOCA ever Making this change to the rule would calculational requirements. The major occur. This margin is provided by give licensees the opportunity to use a analytical parameters and assumptions conservative features of the evaluation reduced margin if they determine that that contribute to the conservatisms in models and by the criteria themselves. Some of the major points that contribute to the there is a sufficient benefit. Licensees Appendix K are set forth in Sections A through D of the rule: (A) ‘‘Sources of conservative nature of the evaluations and could apply the margin to gain benefits the criteria are as follows: from operation at higher power, or the Heat During the LOCA’’ (the 102- (1) Stored heat. The assumption of 102 margin could be used to relax ECCS- percent power provision is a key factor), percent of maximum power, highest allowed related technical specifications (e.g., (B) ‘‘Swelling and Rupture of the peaking factor, and highest estimated thermal pump flows). Another potential benefit Cladding and Fuel Rod Thermal resistance between the UO2 and the cladding would be in modifying fuel management Parameters,’’ (C) ‘‘Blowdown provides a calculated stored heat that is strategies (e.g., possibly by altering core Phenomena,’’ and (D) ‘‘Post-blowdown possible but unlikely to occur at the time of a hypothetical accident. While not power peaking factors). However, the Phenomena: Heat Removal by ECCS.’’ In each of these areas, several assumptions necessarily a margin over the extreme proposed rule by itself does not allow condition, it represents at least an increases in licensed power levels. are typically used to ensure substantial assumption that an accident happens at a Because licensed power level for a plant conservatism in the analysis results. For time which is not typical. instance: under ‘‘Sources of Heat During is a technical specification limit, 39 FR at 1002 (first column).1 Thus, proposals to raise the licensed power the LOCA,’’ decay heat is modeled on the basis of an American Nuclear while the pre-accident power level level must be reviewed and approved assumption is connected with the under the license amendment process. Society standard with an added 20- percent penalty, and the power modeling of the rate of heat generation The license amendment request should after the LOCA occurs, a clear basis for include a justification of the reduced distribution shape and peaking factors expected during the operating cycle are the 102 percent assumed power level power measurement uncertainty and the requirement is not provided, nor does basis for the modified ECCS analysis, chosen to yield the most conservative results. In ‘‘Blowdown Phenomena,’’ the the SOC explain whether there are other including the justification for reduced uncertainties besides instrumentation power measurement uncertainty, should rule requires use of the Moody model and the discharge coefficient that yields uncertainties for which the 102 percent then be included in documentation assumed power level is intended to supporting the ECCS analysis (see the highest peak cladding temperature. ‘‘Post’Blowdown Phenomena; Heat compensate. Section-by-Section Analysis). The Commission’s decision in the In the short term, the NRC intends to Removal by the ECCS,’’ requires that the ECCS rulemaking hearing also does not grant exemptions to the assumed power analysis assume the most damaging explain whether the 102 percent level provision of Appendix K for single failure of ECCS equipment. assumed power level was intended to properly supported exemption requests. One of several conservative address uncertainties other than In addition to satisfying the provisions requirements in Section A is to assume instrumentation uncertainties. Section I of 10 CFR 50.12, properly supported that the reactor is operating at 102 of the Commission decision was the exemption requests are expected to percent power when the LOCA occurs basis for the SOC discussion on the 102 quantify the uncertainties associated ‘‘to allow for such uncertainties as percent assumed power level (See 6 with measuring reactor thermal power instrumentation error. .. .’’ (Appendix that are associated with the current 2- K, Section I.A., first sentence, emphasis AEC at 1093–94). Section III. A. of the percent power margin. added). The phrase, ‘‘such as,’’ suggests Commission’s decision, ‘‘Required and In the longer term, the NRC intends to that the two percent power margin was Acceptable Features of the Evaluation review the affected safety analysis intended to address uncertainties Model,’’ does not offer a detailed guidance and will evaluate the impact related to heat source considerations technical the basis for the power level of the proposed rule on those safety beyond instrument measurement chosen, but instead uses the language analyses. Further, the NRC is uncertainties. However, the basis for the ultimately adopted in the final considering the need for specific required assumption of 102 percent Appendix K rule: guidance to help licensees appropriately power (2 percent power margin) does 1 This statement in the SOC was taken unchanged account for power measurement not appear to be contained in the from Section I of the Commission’s ECCS decision. uncertainty in safety analyses. However, rulemaking record for the ECCS rules, See CLI–73–39, 6 AEC 1085, 1093–94 (December the NRC expects that power uprate 10 CFR 50.46 and Appendix K. These 28, 1973).

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For the heat sources listed in paragraphs 1 form. The power level assumption is necessary when the rule was written to 4 below it shall be assumed that the mentioned again in the Concluding because of a lack of experimental reactor has been operating continuously at a Statement indirectly in association with evidence at that time with respect to the power level at least 1.02 times the licensed power level changes before the LOCA relative effects of analysis input power level (to allow for such uncertainties as instrumentation error), with the maximum and the effect on decay heat generation. parameters, including pre-accident peaking factor allowed by the technical But it is discussed most directly with power level. Since that time, there has specifications. regard to initial stored energy in the been substantial additional research on fuel. In the discussion on stored energy, LOCA. NUREG–1230, ‘‘Compendium of 6 AEC at 1100. Thus, the Commission’s the 102-percent assumption is attributed ECCS Research for Realistic LOCA decision does not shed further light on to ‘‘uncertainties inherent in the Analysis,’’ December 1988, contains the the basis for the 102 percent assumed measurement of the operating power technical basis for improved power level, nor whether the level of the core,’’ (page 144 of the understanding of LOCA progression and Commission had in mind uncertainties Concluding Statement). Reasons for ECCS evaluation gained after the ECCS other than those associated with the choosing 102-percent as the value are rule was issued. The NUREG includes a instrumentation for measurement of not discussed. discussion of the basis for uncertainties power level. When Appendix K was first issued, as NRC review of the ECCS rulemaking in detailed fuel bundle power is the case today, the thermal power hearing record did not disclose calculations as part of the consideration generated by a nuclear power plant was presentations relating to quantification of overall calculational uncertainty determined by steam plant calorimetry, of power measurement uncertainties, or inherent in best-estimate evaluations. which is the process of performing a the magnitude of other uncertainties Chapters 7 and 8 of the NUREG include heat balance around the nuclear steam that the 102 percent assumed power consideration of the changes in licensed supply system (called a calorimetric). level may have been intended to power level that could result from The heat balance depends upon address. The Commission decision application of best-estimate evaluation measurement of several plant (CLI–73–39, 6 AEC 1085, December 28, methods. The discussion includes an parameters, including flow rates and 1973) cited three documents in the estimated sensitivity of predicted peak fluid temperatures. The differential clad temperature associated with rulemaking hearing record. The first, pressure across a venturi installed in the changes in pre-accident power level. cited in the Commission decision as feedwater flow path is a key element in From that estimate, the NRC expects Exhibit 1113, was ‘‘Supplemental the calorimetric measurement. peak cladding temperature changes of Testimony of the AEC Regulatory Staff Licensees have proposed using approximately 15°F to result from 1- on the Interim Acceptance Criteria for instrumentation other than a venturi- percent changes in plant power level Emergency Core Cooling Systems for based system to obtain feedwater flow that could result from the proposed rule. Light-Water Cooled Power Reactors,’’ rate for calorimetrics. The lower In view of: (i) Substantial (filed October 26, 1972). In Section 10 uncertainty associated with the new conservatisms embodied in the of the document, stored energy in the instrumentation is information that was Appendix K requirements for ECCS fuel was considered, specifically the apparently not available during the evaluations, (ii) new information expected power distributions in fuel original Appendix K rulemaking. developed since the 1974 rulemaking rods. The 102-percent power analysis In view of the regulatory history for which shows additional conservatism in requirement is not discussed. The Appendix K, the Commission now the Appendix K modeling requirements second item, cited in the Commission believes that the 2-percent margin beyond that understood by the decision as Exhibit 1137 was ‘‘Redirect embodied in the requirement for a 102- Commission when it adopted the 1974 and Rebuttal Testimony of Dr. Donald percent assumed power level in rule, and (iii) the relative insensitivity of H. Roy on Behalf of Babcock & Wilcox,’’ Appendix K was based solely on the calculated clad temperatures to (October 26, 1972) in which the uncertainties associated with the assumed power level, the Commission characteristic of the decay heat release measurement of reactor power level. concludes that it is acceptable to allow following reactor shutdown was a reduction in the currently-required Proposed Reduction in 102 Percent discussed. In this document, the 102- 102 percent power level assumption if Assumed Power Level percent assumption is associated with justified by the actual power level the predicted decay heat generation rate. The Commission believes that other measurement instrumentation The over-power condition is associated requirements of Appendix K modeling uncertainty. Accordingly, the with a ‘‘design-basis maneuvering include substantial conservatisms of Commission proposes to amend the operation,’’ but the basis for the value of much greater magnitude than the 2 Appendix K requirement for an power chosen for the analysis (i.e., 102 percent margin embodied in the assumed 102 percent power level. The percent) is not disclosed. Finally, in the requirement for a 102 percent assumed proposed rule would allow a licensee to ‘‘Concluding Statement of Position of power level. This point was discussed use an assumed power level of less than the Regulatory Staff—Public in ‘‘Conservatisms in Appendix K ECCS 102 percent (but not less than 100 Rulemaking Hearing on: Acceptance Evaluation Model,’’ above. percent), provided that the licensee has Criteria for Emergency Core Cooling The Commission is also aware of new determined that the uncertainties in the Systems for Light-Water Cooled Nuclear information gained since the 1974 measurement of core power level Power Reactors,’’ April 16, 1973 (the rulemaking which shows that the justifies the reduced margin. Concluding Statement), the power level Appendix K model contains substantial assumption is included as part of the conservatisms. Evidence from Calorimetric Uncertainty and proposed rule itself. The proposed rule experiments designed to simulate LOCA Feedwater Flow Measurement language clearly states that the power phenomena suggest that these The NRC staff has approved an level assumption is to ‘‘allow for conservatisms added hundreds of exemption to the 102-percent power instrumentation error.’’ The term ‘‘such degrees Fahrenheit to the prediction of level requirement for Comanche Peak as’’ does not appear here. It is unclear peak fuel cladding temperature than Units 1 and 2. The basis for the action when or why the proposed language in would actually occur during a LOCA. is application of upgraded feedwater this regard was changed to its current The significant conservatism was flow measurement technology at the

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The Commission is Considerations for Appendix K (53 FR In most nuclear power plants, interested in whether there are other 36001, September 16, 1988), the annual operators obtain a continuous indication sources of uncertainty, relevant to reports keep NRC apprised of changes. of core thermal power from nuclear sources of heat following a LOCA, that This should ensure that the NRC staff instruments, that provide a should be considered when licensees can judge a licensee’s assessment of the measurement of neutron flux. The seek to reduce the margin in the significance of changes and maintain nuclear instruments must be Appendix K requirement for assumed cognizance of modifications made to periodically calibrated to counteract the power. If other contributors are NRC-approved evaluation models. The effects of changes in flux pattern, fuel suggested, a clear technical justification licensee must include revised burnup, and instrument drift. Steam should accompany the suggestion. parameters and other changes in the plant calorimetry, which is the process 2. Are there rulemaking alternatives to ECCS evaluation as required by § 50.46 of performing a heat balance around the this proposed rule that were not (a)(3) when a single change or an nuclear steam supply system (called a considered in the regulatory analysis for accumulation of changes is expected to calorimetric), is used to determine core this proposed rule? affect peak cladding temperature by thermal power and is the basis for the 3. What criteria should be used for 50°F or more. The basis for the revised calibration. The differential pressure determining whether a proposed analysis parameter (i.e., the assumed across a venturi installed in the reduction in the 2 percent power margin power level) should be included in feedwater flow path is a key element in has been justified, based upon a documentation of the evaluation model, the calorimetric measurement. Some determination of instrumentation error? as required by Appendix K, Part II (1)(a). plants use this calorimetric value For example, should a demonstrated In most cases, the NRC expects that directly to indicate thermal power; the instrumentation error of 1 percent in the analysis supporting the power nuclear instruments are used as power level be presumptive of an measurement uncertainty, as well as the anticipatory indicators for transients acceptable reduction in assumed power description of the relevant and for reactivity adjustments made margin of 1 percent? instrumentation and associated plant- with the control rods. 4. How should the proposed rule specific parameters involved in the The system in use at Comanche Peak address cases in which licensees uncertainty analysis, would be Units 1 and 2 is the Leading Edge determine that power measurement submitted for NRC review and approval Flowmeter (LEFM), manufactured by instrument error is greater than 2 before being used. These requests are Caldon, Inc. The LEFM system is an percent? expected because most licensees have ultrasonic flow meter that measures the adopted Generic Letter 88–16, ‘‘Removal transit times of pulses traveling along Section-by-Section Analysis of Cycle-Specific Parameter Limits from parallel acoustic paths through the Appendix K to Part 50—ECCS Technical Specifications.’’ The generic flowing fluid. LEFM technology has Evaluation Models (I)(A)—Sources of letter provided guidance for licensees to been employed in non-nuclear heat during the LOCA transfer cycle-specific parameters from applications, such as petroleum, their technical specifications to a Core chemical, and hydroelectric plants for This section would be amended by Operating Limits Report (COLR). several years. This operating experience removing words from the first sentence Licensees following the generic letter will provide reliability data, in the section to specifically associate guidance added an administrative supplementing data from nuclear the power level requirement with requirement to their technical applications. Additional information on instrumentation error, and by adding a specifications that specifically identifies the Comanche Peak Appendix K sentence immediately following the first NRC-reviewed and approved methods exemption and on the Caldon, Inc. sentence in the section. The new used to determine core operating limits LEFM system appears in safety sentence indicates that licensees may (e.g., topical reports). Because a number evaluations issued by the NRC staff on assume a power level lower than 102 of core operating limits are based on March 8, 1999, and May 6, 1999. percent, but not less than 100 percent, LOCA analysis results, ECCS evaluation ABB Combustion Engineering has provided that the proposed lower methods are included in the technical expressed interest in the proposed rule alternative value can be shown to specification list. Therefore, most because its flow-measuring system, account for core thermal power licensees opting to use the relaxation in known as Crossflow (which is also an measurement instrumentation the proposed rule would need to revise ultrasonic flow-measuring device), is uncertainty. technical specifications to include a expected to be part of a licensee Appendix K, Part II (1)(a) requires that reference to an NRC-approved topical exemption request in the near future. the values of analysis parameters or report that includes the uncertainty their basis be sufficiently documented analysis justifying reduced power Issues for Public Comment to allow NRC review. The requirement measurement uncertainty. The NRC is seeking comments from applies to all analysis input parameters, An additional technical specification the public on the following issues including those related to other plant consideration for licensees pursuing related to this proposed rule: instrumentation, such as temperature changes based on the proposed rule 1. The current rule states that the and pressure. Changes to other inputs could involve nuclear instruments (NI) required 2-percent analysis margin is to are documented in the same manner as requirements. Existing plant technical account for ‘‘such uncertainties as the power measurement uncertainty specifications include surveillance instrumentation error. .. .’’ (emphasis would be documented under the requirements to calibrate the power added). This suggests that the 2-percent proposed rule. NRC review and range NIs based on the calorimetric margin was intended to account for approval is not necessarily needed to measuring reactor thermal power. The

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NIs provide the indication of reactor editorial changes have been made in the types of any effluents that may be power used as an input for safety this proposed amendment to improve released off site; and there would be no systems. Licensees obtaining the readability of the existing language of significant increase in occupational or relaxation offered in the proposed rule the provisions being revised. These public radiation exposure. Therefore, are expected to change some operating types of changes are not discussed there are no significant radiological parameter of the plant, whether it be further in this document. The NRC environmental impacts associated with power level, required ECCS flow, etc. By requests comment on the proposed rule the proposed action. The proposed incorporating the justification of specifically with respect to the clarity action does not involve non-radiological reduced uncertainty in power and effectiveness of the language used. plant effluents and has no other measurement in the basis for their ECCS Comments should be sent to the address environmental impact. Therefore, there analysis, licensees would be placing a listed under the ADDRESSES caption of are no significant non-radiological condition on an input to the the preamble. environmental impacts associated with calorimetric. The NI calibration required the proposed action. Voluntary Consensus Standards by the plant licensee would then be The determination of the based on a calorimetric assuming the The National Technology Transfer Act environmental assessment is that there reduced power measurement of 1995, Pub. L. 104–113, requires that would be no significant offsite impact uncertainty. If, for some reason, during Federal agencies use technical standards on the public from this action. However, the course of plant operation the that are developed or adopted by the general public should note that the reduced uncertainty did not apply (e.g., voluntary consensus standards bodies NRC welcomes public participation. the new feedwater flow meter became unless the use of such a standard is Also, the NRC has committed itself to inoperable), the calorimetric would no inconsistent with applicable law or complying in all its actions with longer be a valid source of calibration otherwise impractical. In this proposed Executive Order (E.O.) 12898, ‘‘Federal for the NIs. Licensees would need to rule, the NRC is proposing to provide Actions To Address Environmental take action to maintain compliance with holders of operating licenses for nuclear Justice in Minority Populations and their technical specification, for power plants with the option of Low-Income Populations,’’ dated example, by using an alternate input to reducing the assumed reactor power February 11, 1994. The NRC has the calorimetric. The power level used in ECCS evaluations. This determined that there are no measurement uncertainties associated proposed action constitutes a disproportionately high and adverse with the alternate input would then modification to an existing government- impacts on minority and low-income apply and the plant would need to unique standard, 10 CFR part 50, populations. In the letter and spirit of adjust its operating condition (possibly appendix K issued by the NRC on E.O. 12898, the NRC is requesting lower its operating power level) to January 4, 1974. The NRC is not aware public comments on any environmental satisfy the proposed rule and to of any voluntary consensus standard justice considerations or questions that maintain the validity of applicable that could be adopted instead of the the public thinks may be related to this safety analyses. proposed government-unique standard. proposed rule, but that somehow were The NRC will consider using a not addressed. The NRC uses the Referenced Documents voluntary consensus standard if an following working definition of Copies of GL–88–16 and CLI–73–39 appropriate standard is identified. If a environmental justice: Environmental are available for inspection and copying voluntary consensus standard is justice means the fair treatment and for a fee at the NRC Public Document identified for consideration, the meaningful involvement of all people, Room, 2120 L Street, NW. (Lower submittal must explain how the regardless of race, ethnicity, culture, Level), Washington, D.C. voluntary consensus standard is income, or educational level with comparable and why it should be used respect to the development, Electronic Access instead of the proposed government- implementation and enforcement of You may also submit comments via unique standard. environmental laws, regulations, and the NRC’s interactive rulemaking Web policies. Comments on any aspect of the Finding of No Significant site, ‘‘Rulemaking Forum,’’ through the environmental assessment, including Environmental Impact: Availability NRC home page (http:// environmental justice, may be ruleforum.llnl.gov). This site enables The NRC has determined under the submitted to the NRC as indicated people to transmit comments as files (in National Environmental Policy Act of under the ADDRESSES heading. any format, but WordPerfect version 6.1 1969, as amended, and the NRC’s The draft environmental assessment is is preferred), if your Web browser regulations in Subpart A of 10 CFR Part available for inspection at the NRC supports that function. Information on 51, that this regulation, if adopted, Public Document Room, 2120 L Street the use of the Rulemaking Forum is would not be a major Federal action NW. (Lower Level), Washington, D.C. available on the Web site. For additional significantly affecting the quality of the Single copies of the environmental assistance on the use of the interactive human environment and, therefore, an assessment are available from Mr. rulemaking site, contact Ms. Carol environmental impact statement is not Joseph Donoghue, Office of Nuclear Gallagher, telephone: 301–415–5905; or required. Reactor Regulation, U.S. Nuclear by Internet electronic mail to The proposed action is likely to result Regulatory Commission, Washington, [email protected]. in relatively small changes to ECCS D.C. 20555–0001, telephone: 301–415– analyses or to the licensed power of 1131, or by Internet electronic mail to Plain Language nuclear reactor facilities. The NRC staff [email protected]. The Presidential memorandum dated expects that no significant June 1, 1998, entitled, ‘‘Plain Language environmental impact would result Paperwork Reduction Act Statement in Government Writing,’’ directed that from the proposed rule, because This proposed rule increases the the government’s writing be in plain licensee actions based on the proposed burden on licensees opting to use a language. This memorandum was rule would not significantly increase the reduced power level assumption for published June 10, 1998 (63 FR 31883). probability or consequences of ECCS analysis (i.e., below 102%) to In complying with this directive, accidents; no changes would be made in include the change in their annual

VerDate 22-SEP-99 11:06 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\A01OC2.013 pfrm01 PsN: 01OCP1 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Proposed Rules 53275 report required under 10 CFR 50.46 backfit as defined in 10 CFR demonstrated to account for uncertainties (a)(3)(ii). The public burden for this 50.109(a)(1). due to power level instrumentation error. A information collection is estimated to range of power distribution shapes and List of Subjects in 10 CFR Part 50 average one-half hour per response. peaking factors representing power distributions that may occur over the core Because the burden for this information Antitrust, Classified information, Criminal penalties, Fire protection, lifetime must be studied. The selected collection is insignificant, Office of combination of power distribution shape and Management and Budget (OMB) Intergovernmental relations, Nuclear peaking factor should be the one that results clearance is not required. Existing power plants and peactors, Radiation in the most severe calculated consequences requirements were approved by the protection, Reactor siting criteria, for the spectrum of postulated breaks and Office of Management and Budget, Reporting and recordkeeping single failures that are analyzed. approval number 3150–0011. requirements. * * * * * Accordingly, we propose to amend 10 Dated at Rockville, Maryland, this 27th day Public Protection Notification CFR part 50 as follows: of September, 1999. If a means used to impose an For the Nuclear Regulatory Commission. information collection does not display PART 50ÐDOMESTIC LICENSING OF Kenneth R. Hart, a currently valid OMB control number, PRODUCTION AND UTILIZATION Acting, Secretary of the Commission. FACILITIES the NRC may not conduct or sponsor, [FR Doc. 99–25582 Filed 9–30–99; 8:45 am] and a person is not required to respond 1. The authority citation for Part 50 BILLING CODE 7590±01±P to, the information collection. continues to read as follows: Regulatory Analysis Authority: Sections 102, 103, 104, 105, 161, 182, 183, 186, 189, 68 Stat. 936, 937, DEPARTMENT OF TRANSPORTATION The Commission has prepared a 938, 948, 953, 954, 955, 956, as amended, regulatory analysis on this regulation. sec. 234, 83 Stat. 444, as amended (42 U.S.C. Federal Aviation Administration Interested persons may examine a copy 2132, 2133, 2134, 2135, 2201, 2232, 2233, of the regulatory analysis at the NRC 2236, 2239, 2282); secs. 201, as amended, 14 CFR Part 39 202, 206, 88 Stat. 1242, as amended, 1244, Public Document Room, 2120 L Street [Docket No. 99±NM±22±AD] NW. (Lower Level), Washington, D.C. 1246 (42 U.S.C. 5841, 5842, 5846). Single copies of the analysis are Section 50.7 also issued under Pub. L. 95– RIN 2120±AA64 601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). available from Mr. Joseph Donoghue, Section 50.10 also issued under secs. 101, Airworthiness Directives; Boeing Office of Nuclear Reactor Regulation, 185, 68 Stat. 955, as amended (42 U.S.C. Model 747 Series Airplanes U.S. Nuclear Regulatory Commission, 2131, 2235), sec. 102, Pub. L. 91–190, 83 Stat. Washington, D.C. 20555–0001, 853 (42 U.S.C. 4332). Sections 50.13, AGENCY: Federal Aviation telephone: 301–415–1131, or by Internet 50.54(dd), and 50.103 also issued under sec. Administration, DOT. electronic mail to [email protected]. 108, 68 Stat. 939, as amended (42 U.S.C. ACTION: Notice of proposed rulemaking 2138). Sections 50.23, 50.35, 50.55, and 50.56 (NPRM). Regulatory Flexibility Certification also issued under sec. 185, 68 Stat. 955 (42 As required by the Regulatory U.S.C. 2235). Sections 50.33a, 50.55a, and SUMMARY: This document proposes the Appendix Q also issued under sec. 102, Pub. adoption of a new airworthiness Flexibility Act of 1980, 5 U.S.C. 605(b), L. 91–190, 83 Stat. 853 (42 U.S.C. 4332). the Commission certifies that this Sections 50.34 and 50.54 also issued under directive (AD) that is applicable to proposed rule, if adopted, would not sec. 204, 88 Stat. 1245 (42 U.S.C. 5844). certain Boeing Model 747 series have a significant economic impact on Sections 50.58, 50.91, and 50.92 also issued airplanes. This proposal would require a substantial number of small entities. under Pub. L. 97–415, 96 Stat. 2073 (42 repetitive inspections to detect This proposed rule would affect only U.S.C. 2239). Section 50.78 also issued under discrepancies of the cables, fittings, and the licensing and operation of nuclear sec. 122, 68 Stat. 939 (42 U.S.C. 2152). pulleys of the engine thrust control power plants. The companies that own Sections 50.80–50.81 also issued under sec. cable installation, and replacement, if these plants do not fall within the 184, 68 Stat. 954, as amended (42 U.S.C. necessary. This proposal would also 2234). Appendix F also issued under sec. require certain preventative actions on definition of ‘‘small entities’’ found in 187, 68 Stat. 955 (42 U.S.C. 2237). the Regulatory Flexibility Act or within the engine thrust control cable the size standards established by the 2. Appendix K to Part 50 is amended installation for certain airplanes. This NRC in 10 CFR 2.810. by revising the introductory paragraph proposal is prompted by reports of of I. A., ‘‘Sources of heat during the failure of engine thrust control cables. Backfit Analysis LOCA,’’ to read as follows. The actions specified by the proposed The NRC has determined that the Appendix K to Part 50—ECCS Evaluation AD are intended to prevent such backfit rule in 10 CFR 50.109 does not Models failures, which could result in a severe apply to this proposed rule and that a I. Required and Acceptable Features of the asymmetric thrust condition during backfit analysis is not required for this Evaluation Models landing, and consequent reduced controllability of the airplane. proposed rule because the change does A. Sources of heat during the LOCA. For not involve any provisions that would the heat sources listed in paragraphs I. A. 1 DATES: Comments must be received by impose backfits as defined in 10 CFR to 4 of this appendix it must be assumed that November 15, 1999. 50.109(a)(1). The proposed rule would the reactor has been operating continuously ADDRESSES: Submit comments in establish an alternative approach for at a power level at least 1.02 times the triplicate to the Federal Aviation ECCS performance evaluations that may licensed power level (to allow for Administration (FAA), Transport be voluntarily adopted by licensees. instrumentation error), with the maximum Airplane Directorate, ANM–114, peaking factor allowed by the technical Licensees may continue to comply with specifications. An assumed power level Attention: Rules Docket No. 99–NM– existing requirements in Appendix K. lower than the level specified in this 22–AD, 1601 Lind Avenue, SW., The proposed rule does not impose a paragraph (but not less than the licensed Renton, Washington 98055–4056. new requirement on current licensees power level) may be used provided the Comments may be inspected at this and therefore, does not constitute a proposed alternative value has been location between 9:00 a.m. and 3:00

VerDate 22-SEP-99 11:06 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\A01OC2.015 pfrm01 PsN: 01OCP1 53276 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Proposed Rules p.m., Monday through Friday, except reverse thrust during landing on a through which the engine thrust control Federal holidays. Boeing Model 747–200B series airplane. cables pass. The service information referenced in This failure caused engine number 1 to • Boeing Service Bulletin 747–76– the proposed rule may be obtained from advance to full forward thrust while 2067, Revision 1, dated November 19, Boeing Commercial Airplane Group, engine numbers 2, 3, and 4 remained in 1987, describes procedures for a one- P.O. Box 3707, Seattle, Washington full reverse thrust. The airplane exited time inspection of the nacelle strut idler 98124–2207. This information may be the runway and eventually slid to a stop pulleys to determine the type of pulleys examined at the FAA, Transport with consequent hull damage. installed, and replacement of any Airplane Directorate, 1601 Lind In addition, engine thrust control aluminum-type pulleys with phenolic- Avenue, SW., Renton, Washington. cables have failed on other Boeing type pulleys. The service bulletin also FOR FURTHER INFORMATION CONTACT: airplane models that have installations describes procedures for a detailed Dionne M. Stanley, Aerospace Engineer, similar to those on the Model 747 series inspection to detect wear of the engine Propulsion Branch, ANM–140S, FAA, airplane. In 1992, the FAA received a thrust control cables in any area where Transport Airplane Directorate, Seattle report of uncommanded thrust increase aluminum-type pulleys are installed, Aircraft Certification Office, 1601 Lind of the right engine on a Model 767–200 and replacement of the cables, if Avenue, SW., Renton, Washington series airplane during engine start. The necessary. • 98055–4056; telephone (425) 227–2250; FAA recently received two reports of Boeing Service Bulletin 747– fax (425) 227–1181. uncommanded throttle lever movement 76A2068, Revision 3, dated August 22, SUPPLEMENTARY INFORMATION: on Model 757–200 series airplanes. In 1991; including Notice of Status Change all of these events, subsequent 747–76A2068 NSC 2, dated December Comments Invited investigation revealed that the engine 12, 1991; describes procedures for Interested persons are invited to thrust control cable had severed. Such repetitive inspections of aluminum participate in the making of the failure of a thrust control cable could pulley bracket assemblies and adjacent proposed rule by submitting such result in a severe asymmetric thrust support structure to detect cracking, and written data, views, or arguments as condition during landing, and replacement of damaged parts, if they may desire. Communications shall consequent reduced controllability of necessary. The service bulletin also identify the Rules Docket number and the airplane. describes procedures for replacement of be submitted in triplicate to the address aluminum idler pulley brackets with specified above. All communications Other Relevant Rulemaking steel brackets. Such replacement would received on or before the closing date As a result of the 1985 event and eliminate the need for the repetitive for comments, specified above, will be other problems associated with the inspections. • considered before taking action on the engine thrust control cable installation, Boeing Alert Service Bulletin 747– proposed rule. The proposals contained the following AD’s were issued to 76A2073, Revision 1, dated July 28, in this notice may be changed in light address design deficiencies on Model 1988, describes procedures for a of the comments received. 747 series airplanes that could detailed inspection of the engine thrust Comments are specifically invited on potentially result in an engine thrust control cables and pulley mounting the overall regulatory, economic, control cable failure: bracket screws in the area aft and above environmental, and energy aspects of • AD 85–25–55, amendment 39–5326 main entry door number 2 on the left the proposed rule. All comments (51 FR 20250, June 4, 1986); and right sides of the airplane to detect submitted will be available, both before • AD 86–10–10, amendment 39–5318 wear, and replacement of the cable, if and after the closing date for comments, (51 FR 18571, May 21, 1986); necessary. The alert service bulletin also in the Rules Docket for examination by • AD 89–08–09, amendment 39–6188 describes procedures for a modification interested persons. A report (54 FR 14643, April 12, 1989); of the pulley mounting bracket. summarizing each FAA-public contact • AD 89–19–07, amendment 39–6322 • Boeing Service Bulletin 747–53– concerned with the substance of this (54 FR 38210, September 15, 1989); and 2327, Revision 2, dated September 24, proposal will be filed in the Rules • AD 93–17–06, amendment 39–8677 1998, describes procedures for repetitive Docket. (58 FR 45831, August 31, 1993). inspections of certain upper deck floor Commenters wishing the FAA to In addition, the FAA has issued two beams to detect cracking, and repair of acknowledge receipt of their comments NPRM’s to address this condition on any cracks found or reinforcement of submitted in response to this notice other Boeing airplane models that have those floor beams. The service bulletin must submit a self-addressed, stamped an engine thrust control cable also describes procedures for a detailed postcard on which the following installation similar to the Model 747 inspection to measure the clearance statement is made: ‘‘Comments to series airplane: between the engine thrust control cables Docket Number 99–NM–22–AD.’’ The • NPRM 98–NM–323–AD (64 FR and the cable penetration holes in that postcard will be date stamped and 7822, February 17, 1999), which applies area, and modification of the holes or returned to the commenter. to certain Model 757–200 series replacement of the plate, if necessary. airplanes; and Accomplishment of the actions Availability of NPRMs • NPRM 98–NM–363–AD (64 FR specified in the service bulletins Any person may obtain a copy of this 18386, April 14, 1999), which applies to described previously, and the repetitive NPRM by submitting a request to the certain Model 767 series airplanes. inspections specified in this proposed FAA, Transport Airplane Directorate, AD, is intended to adequately address Explanation of Relevant Service ANM–114, Attention: Rules Docket No. the identified unsafe condition. Information 99–NM–22–AD, 1601 Lind Avenue, Explanation of Requirements of SW., Renton, Washington 98055–4056. The FAA has reviewed and approved the following service bulletins: Proposed Rule Discussion • Boeing Service Bulletin 747–76– Since an unsafe condition has been In 1985, the FAA received a report 2019, dated June 9, 1971, describes identified that is likely to exist or indicating that an engine thrust control procedures for modification of the strut develop on other products of this same cable had failed following application of bulkhead assembly to enlarge the holes type design, the proposed AD would

VerDate 22-SEP-99 11:06 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\A01OC2.017 pfrm01 PsN: 01OCP1 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Proposed Rules 53277 require repetitive inspections to detect proposed AD would apply only to Therefore, the FAA is proposing to discrepancies of the cables, fittings, and Model 747 series airplanes equipped mandate that part of the service bulletin pulleys, and replacement of discrepant with General Electric Model CF6 series in this AD. In addition, for airplanes on parts. This proposal would also require engines identified in the service which insufficient clearance is certain preventative actions on the bulletin. The engine thrust control cable measured, the proposed AD adds an engine thrust control cable installation installation is different on Model 747 additional inspection of the cable for for certain airplanes. The actions would series airplanes equipped with Pratt & wear in that area, and would require be required to be accomplished in Whitney Model JT9D–70A engines, and replacement of the cable, if necessary. accordance with the procedure included the unsafe condition discussed Cost Impact in Appendix 1. of this proposed AD, the previously does not exist on those airplane maintenance manual, and the airplanes. There are approximately 624 service bulletins described previously, Boeing Service Bulletin 747–76A2068 airplanes of the affected design in the except as discussed below. describes procedures for repetitive worldwide fleet. The FAA estimates that inspections of aluminum pulley bracket 182 airplanes of U.S. registry would be Differences Between Proposed Rule and assemblies and adjacent support affected by this proposed AD. Service Bulletins structure to detect cracking, and It would take approximately 3 work Operators should note that this replacement of damaged parts, if hours per airplane to accomplish the proposed AD would require all of the necessary, as well as procedures for proposed inspection to verify the engine specified actions to be accomplished replacement of aluminum idler pulley thrust control cable integrity, at an within 18 months after the effective date brackets with steel brackets. This average labor rate of $60 per work hour. of this AD. The service bulletins proposed AD would require only the Based on these figures, the cost impact recommend that these actions should be replacement of aluminum idler pulley of this proposed inspection on U.S. accomplished at various times, mostly brackets with steel brackets. Mandating operators is estimated to be $32,760, or ‘‘at the earliest opportunity where this terminating action is based on the $180 per airplane, per inspection cycle. manpower and facilities are available.’’ FAA’s determination that, in this case, For airplanes identified in Boeing In developing an appropriate long-term continued operational safety Service Bulletin 747–76–2019 (30 U.S.- compliance time for the proposed would be better assured by a registered airplanes), it would take actions, the FAA considered not only modification to remove the source of the approximately 4 work hours per the degree of urgency associated with problem, rather than by repetitive airplane to accomplish the proposed addressing the subject unsafe condition, inspections. modification, at an average labor rate of but also the number of proposed Although Boeing Alert Service $60 per work hour. No parts are requirements and the availability of Bulletin 747–76A2073 describes required. Based on these figures, the required parts. The FAA has determined procedures for a detailed inspection of cost impact of this proposed that 18 months represents an the engine thrust control cables and modification on U.S. operators is appropriate interval of time allowable pulley mounting bracket screw in the estimated to be $7,200, or $240 per wherein all of these actions can be area aft and above main entry door airplane. accomplished during scheduled number 2 on the left and right sides of For airplanes identified in Boeing airplane maintenance and an ample the airplane to detect wear, this AD Service Bulletin 747–76–2067, Revision number of required parts will be proposes only to mandate the detailed 1 (12 U.S.-registered airplanes), it would available for modification of the U.S. inspection of the engine thrust control take approximately 6 work hours per fleet within the proposed compliance cables in that area, and replacement of airplane to accomplish the proposed period. The FAA also finds that such a the cable, if necessary; and the inspection of the nacelle strut idler compliance time will not adversely modification of the pulley mounting pulleys, at an average labor rate of $60 affect the safety of the affected bracket. The alert service bulletin also per work hour. Based on these figures, airplanes. provides the option to modify the the cost impact of this proposed one- Operators should note that Boeing bracket within 750 hours of the detailed time inspection on U.S. operators is Service Bulletin 747–76–2067 specifies inspection whereas this AD would estimated to be $4,320, or $360 per that the inspection to detect wear of the require both actions to be accomplished airplane. control cables described by that service at the same time. For airplanes identified in Boeing bulletin may be accomplished in Operators also should note that, Service Bulletin 747–76A2068, Revision accordance with an ‘‘operator’s although Boeing Service Bulletin 747– 3 (4 U.S.-registered airplanes), it would comparable procedure.’’ However, this 53–2327 also describes procedures for take approximately 16 work hours per proposed AD specifies that the inspection of certain upper deck floor airplane to accomplish the proposed inspection be accomplished in beams, and repair of any cracks found replacement, at an average labor rate of accordance with the procedures or reinforcement of those floor beams, as $60 per work hour. specified in Chapter 20–21–03 of the applicable, this AD proposes to mandate Required parts would cost Boeing 747 Maintenance Manual. An only the detailed inspection to measure approximately $2,000 per airplane. ‘‘operator’s comparable procedure’’ may the clearance between the engine thrust Based on these figures, the cost impact be used only if approved as an control cables and the cable penetration of this proposed replacement on U.S. alternative method of compliance in holes in that area. The inspection, operators is estimated to be $11,840, or accordance with paragraph (h) of this repair, and reinforcement of certain $2,960 per airplane. AD. upper deck floor beams are mandated by For airplanes identified in Boeing Operators also should note that AD 92–24–07, amendment 39–8412 (57 Alert Service Bulletin 747–76A2073, Boeing Service Bulletin 747–76–2067 FR 53436, November 10, 1992). The Revision 1 (12 U.S.-registered applies to certain Model 747 series detailed inspection to measure the airplanes), it would take approximately airplanes equipped with Pratt & clearance between the engine thrust 4 work hours per airplane to accomplish Whitney Model JT9D–70A engines or control cables and the cable penetration the proposed action, at an average labor General Electric Model CF6 series holes was incorporated into the service rate of $60 per work hour. The cost of engines. However, paragraph (c) of this bulletin after AD 92–24–07 was issued. required parts would be minimal. Based

VerDate 22-SEP-99 11:06 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\A01OC2.018 pfrm01 PsN: 01OCP1 53278 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Proposed Rules on these figures, the cost impact of this PART 39ÐAIRWORTHINESS 1971: Within 18 months after the effective proposed action on U.S. operators is DIRECTIVES date of this AD, modify the strut bulkhead estimated to be $2,880, or $240 per assembly to enlarge the holes (2 places in airplane. 1. The authority citation for part 39 each strut) through which the engine thrust continues to read as follows: control cables pass, in accordance with the Currently, there are no airplanes service bulletin. identified in Boeing Service Bulletin Authority: 49 U.S.C. 106(g), 40113, 44701. Inspection/Replacement 747–53–2327, Revision 2, and subject to § 39.13 [Amended] (c) For airplanes equipped with General this AD, on the U.S. Register. However, 2. Section 39.13 is amended by should an affected airplane be imported Electric Model CF6 series engines and adding the following new airworthiness identified in Boeing Service Bulletin 747–76– and placed on the U.S. Register in the directive: 2067, Revision 1, dated November 19, 1987: future, it would require approximately 1 Within 18 months after the effective date of Boeing: Docket 99–NM–22–AD. work hour to accomplish this proposed this AD, perform a one-time inspection of inspection, at an average labor rate of Applicability: Model 747–100, –100B, each nacelle strut idler pulley to determine $60 per work hour. Based on these –100B SUD, –200B, –200C, –200F, –300, SR, the type of pulley installed, in accordance and SP series airplanes; certificated in any with the service bulletin. figures, the cost impact of this one-time category; equipped with Pratt & Whitney Note 3: This paragraph does not apply to inspection would be $60 per airplane. Model JT9D–3 or –7 series engines, General airplanes equipped with Pratt & Whitney Electric Model CF6–45 or –50 series engines, The cost impact figures discussed Model JT9D–70 engines. above are based on assumptions that no or Rolls-Royce Model RB211–524B, C, or D series engines. (1) If no aluminum-type pulley is installed, operator has yet accomplished any of no further action is required by this Note 1: This AD applies to each airplane the proposed requirements of this AD paragraph. identified in the preceding applicability action, and that no operator would (2) If any aluminum-type pulley is provision, regardless of whether it has been accomplish those actions in the future if installed, prior to further flight, accomplish modified, altered, or repaired in the area paragraphs (c)(2)(i) and (c)(2)(ii) of this AD in this AD were not adopted. subject to the requirements of this AD. For accordance with the service bulletin. airplanes that have been modified, altered, or Regulatory Impact (i) Replace any aluminum-type pulley with repaired so that the performance of the a phenolic-type pulley having Boeing part requirements of this AD is affected, the The regulations proposed herein number BACP30F4. owner/operator must request approval for an would not have substantial direct effects (ii) Except as provided by paragraph (d) of alternative method of compliance in on the States, on the relationship this AD: Perform a detailed inspection of the between the national government and accordance with paragraph (h) of this AD. engine thrust control cables in any area the States, or on the distribution of The request should include an assessment of where an aluminum-type pulley was the effect of the modification, alteration, or power and responsibilities among the installed, to detect wear. If any wear outside repair on the unsafe condition addressed by the criteria contained in Chapter 20–21–03 of various levels of government. Therefore, this AD; and, if the unsafe condition has not in accordance with Executive Order the Boeing 747 Maintenance Manual is been eliminated, the request should include found, prior to further flight, replace the 12612, it is determined that this specific proposed actions to address it. cable with a new cable, in accordance with proposal would not have sufficient Compliance: Required as indicated, unless the service bulletin. If any wear within the federalism implications to warrant the accomplished previously. criteria contained in the maintenance manual preparation of a Federalism Assessment. To prevent engine thrust control cable is found, no further action is required by this For the reasons discussed above, I failures, which could result in a severe paragraph. asymmetric thrust condition during landing, certify that this proposed regulation (1) Note 4: Accomplishment of the actions and consequent reduced controllability of the specified in Boeing Service Bulletin 747–76– is not a ‘‘significant regulatory action’’ airplane, accomplish the following: under Executive Order 12866; (2) is not 2067, dated September 26, 1986, is Note 2: For the purposes of this AD, a acceptable for compliance with the actions a ‘‘significant rule’’ under the DOT detailed inspection is defined as: ‘‘An required by paragraph (c) of this AD. Regulatory Policies and Procedures (44 intensive visual examination of a specific (d) Where Boeing Service Bulletin 747–76– FR 11034, February 26, 1979); and (3) if structural area, system, installation, or 2067, Revision 1, dated November 19, 1987, promulgated, will not have a significant assembly to detect damage, failure, or specifies that the actions required by economic impact, positive or negative, irregularity. Available lighting is normally paragraph (c)(2)(ii) of this AD may be on a substantial number of small entities supplemented with a direct source of good accomplished in accordance with an under the criteria of the Regulatory lighting at intensity deemed appropriate by ‘‘operator’s comparable procedure,’’ the Flexibility Act. A copy of the draft the inspector. Inspection aids such as mirror, actions must be accomplished in accordance magnifying lenses, etc., may be used. Surface with the applicable chapters of the Boeing regulatory evaluation prepared for this cleaning and elaborate access procedures action is contained in the Rules Docket. 747 Maintenance Manual, as specified in the may be required.’’ service bulletin. A copy of it may be obtained by contacting the Rules Docket at the Repetitive Inspections Replacement location provided under the caption (a) For all airplanes: Within 18 months (e) For airplanes identified in Boeing ADDRESSES. after the effective date of this AD, accomplish Service Bulletin 747–76A2068, Revision 3, the ‘‘Thrust Control Cable Inspection dated August 22, 1991; including Notice of List of Subjects in 14 CFR Part 39 Procedure’’ specified in Appendix 1. Status Change 747–76A2068 NSC 2, dated (including Figure 1) of this AD to verify the December 12, 1991: Within 18 months after Air transportation, Aircraft, Aviation integrity of the engine thrust control cables. the effective date of this AD, replace safety, Safety. Prior to further flight, replace any discrepant aluminum idler pulley brackets with steel The Proposed Amendment component found, in accordance with the brackets, in accordance with paragraphs E., procedures described in the Boeing 747 F., G., and H. of the Accomplishment Accordingly, pursuant to the Maintenance Manual. Repeat the detailed Instructions of the service bulletin. authority delegated to me by the inspection thereafter at intervals not to exceed 18 months. Inspection/Modification Administrator, the Federal Aviation (f) For airplanes identified in Boeing Alert Administration proposes to amend part Modification Service Bulletin 747–76A2073, Revision 1, 39 of the Federal Aviation Regulations (b) For airplanes identified in Boeing dated July 28, 1988: Within 18 months after (14 CFR part 39) as follows: Service Bulletin 747–76–2019, dated June 9, the effective date of this AD, accomplish

VerDate 22-SEP-99 11:06 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\A01OC2.019 pfrm01 PsN: 01OCP1 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Proposed Rules 53279 paragraphs (f)(1) and (f)(2) of this AD, in Alternative Methods of Compliance than pulleys, quadrants, cable seals, or accordance with the alert service bulletin. (h) An alternative method of compliance or grommets installed to control the cable (1) Perform a detailed inspection of the adjustment of the compliance time that routing. Look for evidence of contact with engine thrust control cables and pulley provides an acceptable level of safety may be other parts. Correct the condition if evidence mounting bracket screws in the area aft and used if approved by the Manager, Seattle of contact is found. above main entry door number 2 on the left Aircraft Certification Office (ACO), FAA, B. Perform a detailed inspection of the and right sides of the airplane to detect Transport Airplane Directorate. Operators cable runs to detect incorrect routing, kinks damage. If any damage is found, prior to shall submit their requests through an in the wire rope, or other damage. Replace further flight, replace the cable with a new appropriate FAA Principal Maintenance the cable assembly if: cable. Inspector, who may add comments and then (1) One cable strand had worn wires where (2) Modify the pulley mounting bracket. send it to the Manager, Seattle ACO. one wire cross section is decreased by more than 40 percent (see Figure 1), Note 5: Accomplishment of the actions Note 6: Information concerning the (2) A kink is found, or specified in Boeing Alert Service Bulletin existence of approved alternative methods of (3) Corrosion is found. 747–76A2073, dated February 4, 1988, is compliance with this AD, if any, may be C. Perform a detailed inspection of the acceptable for compliance with the actions obtained from the Seattle ACO. cable: To check for broken wires, rub a cloth required by paragraph (f) of this AD. Special Flight Permits along the length of the cable. The cloth catches on broken wires. Inspection/Modification/Replacement (i) Special flight permits may be issued in (1) Replace the 7x7 cable assembly if there (g) For Model 747–100B SUD series accordance with sections 21.197 and 21.199 are two or more broken wires in 12 airplanes identified in Boeing Service of the Federal Aviation Regulations (14 CFR continuous inches of cable or there are three Bulletin 747–53–2327, Revision 2, dated 21.197 and 21.199) to operate the airplane to or more broken wires anywhere in the total a location where the requirements of this AD September 24, 1998, with angle assemblies cable assembly. can be accomplished. having Boeing part numbers 015U0454–63 (2) Replace the 7x19 cable assembly if and 015U0454–64 installed at body station Appendix 1. Thrust Control Cable there are four or more broken wires in 12 970: Within 18 months after the effective date Inspection Procedure continuous inches of cable or there are six or of this AD, perform a detailed inspection to more broken wires anywhere in the total measure the clearance between the engine 1. General cable assembly. thrust control cables and the cable A. Clean the cables, if necessary, for the 3. Inspection of the Control Cable Fittings penetration holes, in accordance with the inspection, in accordance with Boeing 747 Cable Chafing Inspection of the Maintenance Manual 12–21–05. A. Perform a detailed inspection to ensure Accomplishment Instructions of the service B. Use these procedures to verify the that the means of locking the joints are intact bulletin. If insufficient clearance exists, as integrity of the thrust control cable system. (wire locking, cotter pins, turnbuckle clips, specified in the service bulletin, prior to The procedures must be performed along the etc.). Install any missing parts. further flight, accomplish paragraphs (g)(1) entire cable run for each engine. To ensure B. Perform a detailed inspection of the and (g)(2) of this AD. verification of the portions of the cables swaged portions of swaged end fitting to (1) Modify the cable penetration holes or which are in contact with pulleys and detect surface cracks or corrosion. Replace replace the plate, as applicable, in quadrants, the thrust control must be moved the cable assembly if cracks or corrosion are accordance with Figure 7 of the service by operation of the thrust and/or the reverse found. bulletin. thrust levers to expose those portions of the C. Perform a detailed inspection of the (2) Perform a detailed inspection of the cables. unswaged portion of the end fitting. Replace engine thrust control cables in any area of the C. The first task is an inspection of the the cable assembly if a crack is visible, if plate to detect wear, in accordance with control cable wire rope. The second task is corrosion is present, or if the end fitting is Chapter 20–21–03 of the Boeing 747 an inspection of the control cable fittings. bent more than 2 degrees. Maintenance Manual. If any wear outside the The third task is an inspection of the pulleys. D. Perform a detailed inspection of the criteria contained in the maintenance manual Note: These three tasks may be performed turnbuckle. Replace the turnbuckle if a crack is found, prior to further flight, replace the concurrently at one location of the cable is visible or if corrosion is present. cable with a new cable, in accordance with system on the airplane, if desired, for 4. Inspection of Pulleys the procedures described in the Boeing 747 convenience. Maintenance Manual. If any wear within the A. Perform a detailed inspection to ensure criteria contained in the maintenance manual 2. Inspection of the Control Cable Wire Rope that pulleys are free to rotate. Replace pulleys is found, no further action is required by this A. Perform a detailed inspection to ensure which are not free to rotate. paragraph. that the cable does not contact parts other BILLING CODE 4910±13±U

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Issued in Renton, Washington, on September 27, 1999. D.L. Riggin, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 99–25597 Filed 9–30–99; 8:45 am] BILLING CODE 4910±13±C

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DEPARTMENT OF HEALTH AND I. Introduction CBE’s under current § 514.8(d) HUMAN SERVICES On November 21, 1997, the President include manufacturing changes that signed the Modernization Act into law would ‘‘give increased assurance that Food and Drug Administration (Public Law 105–115). Section 116 of the drug will have the characteristics of the Modernization Act amended the identity, strength, quality, and purity 21 CFR Parts 5, 25, 500, 510, 514, and which it purports or is represented to 558 Federal Food, Drug, and Cosmetic Act (the act) by adding section 506A (21 possess.’’ Such changes are to be placed [Docket No. 99N±1415] U.S.C. 356a), which describes into effect at the earliest possible time with concurrent submission of a RIN 0910±AB49 requirements and procedures for making and reporting manufacturing changes to supplemental application; hence such Supplements and Other Changes to approved NADA’s and ANADA’s, new changes do not require CVM approval Approved New Animal Drug drug applications (NDA’s) and before implementation. Changes requiring approval of a Applications abbreviated new drug applications (ANDA’s), and to license applications supplemental application prior to AGENCY: Food and Drug Administration, for biological products. This proposed implementation are set out in current HHS. rule sets forth regulations to implement § 514.8(a)(4) of the regulations. Most ACTION: Proposed rule. section 506A of the act for NADA’s and manufacturing changes are currently ANADA’s. The Center for Drug reported in preapproval supplemental SUMMARY: The Food and Drug Evaluation and Research (CDER) and the applications under § 514.8(a)(4). Administration (FDA) is proposing to Center for Biologics Evaluation and B. Section 116 of The Modernization Act amend its regulations on supplements Research (CBER) are issuing separate and other changes to an approved new Many of the concepts included in the proposed regulations regarding animal drug application (NADA) or Modernization Act were incorporated manufacturing changes for NDA’s and abbreviated new animal drug from earlier rulemaking and guidance ANDA’s and for licensed biological application (ANADA) to implement the documents issued by CDER and CBER. products. manufacturing changes provision of the A discussion of CDER’s earlier Section 506A of the act makes no rulemaking, guidance documents, and Food and Drug Administration distinction between the requirements Modernization Act of 1997 (the their underlying rationale can be found for reporting manufacturing changes for in the preamble to CDER’s proposed Modernization Act). This proposed rule human drug and biological products would require manufacturers to validate rulemaking to comply with section regulated by CDER and CBER and for 506A of the act. the effect of any manufacturing change new animal drug products regulated by on the identity, strength, quality, purity, CDER had issued a series of guidance the Center for Veterinary Medicine documents to ease preapproval and potency of a new animal drug as (CVM). CVM is proposing this rule to those factors relate to the safety or requirements for certain manufacturing harmonize the reporting requirements of changes that are unlikely to have a effectiveness of the product. The manufacturing changes for new animal proposal identifies changes requiring detectable impact on a drug product’s drug products with those reporting quality and performance as submission and approval of a requirements for human drug and supplement prior to the distribution of distinguished from those that could biological products. have a significant impact. These the new animal drug made using the The Modernization Act, section 116, change, changes requiring the guidance documents were issued under becomes effective on the effective date a provision in current 21 CFR 314.70(a) submission of a supplement at least 30 of these final regulations or 24 months days prior to the distribution of the new that permits holders of an approved after the enactment of the application to make changes to the animal drug, changes requiring the Modernization Act (November 21, submission of a supplement at the time application in accordance with a 1999), whichever occurs first. This guideline, notice, or regulation of distribution, and changes to be proposed rule updates and will replace described in an annual report. published in the Federal Register that § 514.8 (21 CFR 514.8), which provides provides a less burdensome notification DATES: Written comments by December the current requirements for of the change. 15, 1999. manufacturing changes for NADA’s. As of this date, CDER has issued ADDRESSES: Submit written comments II. Background several guidances addressing the to the Dockets Management Branch requirements relating to postapproval (HFA–305), Food and Drug A. CVM’s Current Rule changes in manufacturing and controls. Administration, 5630 Fishers Lane, rm. CVM currently evaluates all These are known as the SUPAC (Scale- 1061, Rockville, MD 20852. Submit manufacturing changes to approved Up and Postapproval Changes) written comments on the information NADA’s under the regulations found in documents. The first of these guidance collection requirements to the Office of § 514.8. Manufacturing changes are documents was published in November Information and Regulatory Affairs, currently submitted as permitted 1995 and is entitled ‘‘Immediate Release Office of Management and Budget changes (§ 514.8(a)(5)), changes being Solid Oral Dosage Forms; Scale-Up and (OMB), New Executive Office Bldg., 725 effected (CBE’s) (§ 514.8(d), or changes Postapproval Changes: Chemistry, 17th St. NW., rm. 10235, Washington, requiring approval prior to Manufacturing, and Controls; In Vitro DC 20503, Attn.: Wendy Taylor, Desk implementation (§ 514.8(a)(4)). Dissolution Testing; In Vivo Officer for FDA. Under current § 514.8(a)(5), permitted Bioequivalence Documentation’’ FOR FURTHER INFORMATION CONTACT: changes may be put into effect without (SUPAC–IR). This guidance provides Dennis M. Bensley, Jr., Center for the approval of a supplemental recommendations to holders of Veterinary Medicine (HFV–140), Food application but must be reported in the approved drug applications who intend, and Drug Administration, 7500 Standish next annual drug experience report during the postapproval period, to Pl., Rockville, MD 20855, 301–827– (DER). Section 514.8(a)(5) lists the types change: (1) The components or 6956. of manufacturing changes that are composition, (2) the site of manufacture, SUPPLEMENTARY INFORMATION: considered permitted changes. (3) the scale of manufacture, and/or (4)

VerDate 22-SEP-99 11:06 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\A01OC2.024 pfrm01 PsN: 01OCP1 53282 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Proposed Rules the manufacturing (process and/or distinction between the requirements strength, quality, purity, or potency as equipment) of an immediate release for the reporting of manufacturing these factors may relate to the safety or solid oral dosage form. changes for human drug products and effectiveness of the drug. In May 1997 and August 1997, CDER for new animal drug products, (2) the 2. A drug made with a major issued two related guidances entitled act does not provide for the reporting of manufacturing change may be ‘‘Semisolid Dosage Forms Scale-Up and minor manufacturing changes in distributed only after the applicant Postapproval Changes: Chemistry, biennial supplements, (3) the proposed submits a supplemental application to Manufacturing, and Controls; In Vitro rulemaking allows for flexibility in FDA and the supplemental application Release Testing; In Vivo Bioequivalence reporting many moderate changes as is approved by the agency. The Documentation’’ (SUPAC–SS) and CBE’s, and (4) CVM and the animal drug application is required to contain ‘‘Modified Release Solid Oral Dosage industry can benefit from CDER’s information that FDA deems Forms Scale-Up and Postapproval expertise and resources to issue specific appropriate and include the information Changes: In Vitro Dissolution Testing; In guidances on manufacturing and developed by the applicant validating Vivo Bioequivalence Documentation’’ controls changes used for drugs, the effects of the change (section (SUPAC–MR). These two guidances generally. 506A(c)(1) of the act). The phrase cover the same general topics and use CVM is currently collaborating with ‘‘validating the effects of the change,’’ as the same general approaches as SUPAC– CDER on a number of guidance used in this proposed rule, is not the IR. The current series of guidance documents addressing manufacturing same as ‘‘validation’’ required in FDA’s documents relating to scale-up and and controls changes, including the current good manufacturing practice postapproval changes focuses on draft guidance document entitled (CGMP) regulations (21 CFR parts 210 changes to manufacturing and controls ‘‘Chemistry, Manufacturing and Control and 211). for drug products. Future guidances will Changes to an Approved NADA or 3. A major manufacturing change is a consider changes in manufacturing and ANADA’’ to be made available for manufacturing change determined by controls for the drug substance, product comment along with this proposed FDA to have substantial potential to containers and closures, and other rulemaking. On the effective date of adversely affect the identity, strength, topics as well. these final regulations or on November quality, purity, or potency of the drug as The underlying rationale of these 21, 1999, whichever occurs first, CVM’s these factors may relate to the safety or guidances already completed or in previous practices will be superseded effectiveness of the drug. Such changes preparation is that the identity, strength, by section 506A of the act and/or the include: (1) A change made in the quality, purity, and potency of an final regulations and the reporting of qualitative or quantitative formulation approved drug should remain minor manufacturing changes in of the drug involved or in the unchanged in any important aspect as a biennial supplements will no longer be specifications in the approved result of any postapproval change in permitted. CVM proposes to adopt application or license unless exempted manufacturing and controls. This CDER’s current guidance documents for by regulation or guidance, (2) a change unchanged performance extends to manufacturing changes (SUPAC–IR, determined by FDA through regulation changes that might affect in vivo SUPAC–SS and SUPAC–MR). These or guidance to require completion of an bioavailability and relative documents will be updated to reflect appropriate clinical study bioavailability (bioequivalence). changes resulting from the proposed demonstrating equivalence of the drug CDER’s guidance documents, rulemaking, and CVM intends to to the drug manufactured without the described previously, originally applied participate with CDER in the drafting of change or a reference listed drug, and only to drug products approved under any guidance documents covering (3) other changes determined by sections 505 (new and abbreviated new manufacturing changes. In addition, regulation or guidance to have a drug applications) and 507 (antibiotic CVM will also issue guidance substantial potential to adversely affect applications; revoked by the documents for specific new animal drug the safety or effectiveness of the drug Modernization Act) of the act (21 U.S.C. products such as Type A medicated (section 506A(c)(2) of the act). 355 and 357). However, CVM adopted articles. 4. FDA may establish categories of many of the concepts described in these manufacturing changes, other than guidance documents by permitting the III. Summary of the Legislation major manufacturing changes, and reporting of minor manufacturing Section 116 of the Modernization Act require submission of a supplemental changes in a biennial supplement amended the act by adding section application for drugs made with such instead of in a preapproval supplement 506A, which provides requirements for manufacturing changes (section submitted in accordance with the making and reporting manufacturing 506A(d)(1)(B) and (d)(1)(C) of the act). current regulation (§ 514.8). The changes to an approved application and For changes, other than major changes, biennial supplement does not require for distributing a drug made with such that require submission of a CVM approval prior to the distribution changes. Section 506A of the act supplemental application, the applicant of the drug product made using the includes the following provisions: may begin distribution of the drug 30 changes. 1. A drug made with a manufacturing days after FDA receives the CDER’s and CBER’s proposed change, whether a major manufacturing supplemental application unless the rulemaking and supporting guidance change or otherwise, may be distributed agency notifies the applicant within the documents allow for many moderate only after the applicant validates the 30-day period that FDA review and manufacturing changes to be reported as effects of the change on the identity, prior approval of the application is CBE’s that are not provided for in strength, quality, purity, and potency of required (section 506A(d)(3)(B)(i) of the CVM’s current regulations (§ 514.8). the drug as these factors may relate to act). FDA may also designate a category CVM is proposing regulations that the safety and effectiveness of the drug of manufacturing changes for which the harmonize the reporting of (section 506A(a)(1) and (b) of the act). applicant may begin distributing a drug manufacturing changes for new animal This section recognizes that additional made with such changes upon receipt drug products with the reporting of testing, beyond testing to ensure that an by the agency of the supplemental manufacturing changes for human drug approved specification is met, is application for the change (section products, because: (1) The act makes no required to ensure unchanged identity, 506A(d)(3)(B)(ii) of the act). If FDA fails

VerDate 22-SEP-99 11:06 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\A01OC2.024 pfrm01 PsN: 01OCP1 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Proposed Rules 53283 to approve a supplemental application, form), a new application may be the product may, at a later date, based the agency may order the manufacturer required for the resulting product. on new information or advances in to cease the distribution of drugs that Generally, in the case of NADA technology, be determined to have a have been made with the disapproved products, the pre- and post-change drug lesser potential to have such an adverse change (section 506A(d)(3)(B)(iii) of the product should be compared. In the case effect. Conversely, a change originally act). of ANADA products, the pre- and post- considered to have a moderate potential 5. FDA may authorize applicants to change drug products should be to have an adverse effect on the safety distribute drugs without submitting a compared to the reference listed drug, or effectiveness of the product may supplemental application (section typically the pioneer drug product. later, as a result of new information, be 506A(d)(1)(A) of the act) and may Confirmation of ‘‘sameness’’ or found to have an increased, substantial establish categories of manufacturing ‘‘equivalence’’ is particularly important potential to adversely affect the product. changes that may be made without when changes are made that involve the The agency believes it can more submitting a supplemental application active pharmaceutical ingredient or readily respond to knowledge gained (section 506A(d)(1)(C) of the act). The affect critical manufacturing steps. from manufacturing experience, and applicant is required to submit a report Examples of such changes include, but advances in technology by issuing to FDA on such a change, and the report are not limited to, components and regulations that set out broad, general is required to contain information the overall composition of the formulation; categories of manufacturing changes and agency deems to be appropriate and manufacturing site, scale, equipment, by using guidance documents to provide information developed by the applicant process, or specifications; and analytical FDA’s current thinking on the specific when validating the effects of the procedures. changes that fall into those general change. FDA may also specify the date Many factors should be considered in categories. The proposed rule would, on which the report is to be submitted determining whether a change has a therefore, reduce the number of (section 506A(d)(2)(A) of the act). If substantial, moderate, or minimal manufacturing changes specifically during a single year an applicant makes potential to have an adverse effect on identified as being subject to more than one manufacturing change the identity, strength, quality, purity, or supplements requiring or not requiring subject to a reporting requirement, the potency of the product as they may review and approval. The agency also act permits FDA to authorize the relate to the safety or effectiveness of the understands that applicants expect applicant to submit a single annual product. Some types of manufacturing some predictability on what type of report containing the required changes have a greater potential to cause information for all the changes made unwanted or unexpected changes to the reporting will be expected for specific during the year (section 506A(d)(2)(B) of product that may be difficult to assess changes. FDA intends to make available the act). by merely testing to specifications. The guidance documents to describe the Section 506A of the act recognizes type of product is also a factor to agency’s current interpretation of that the amount of testing and the data consider in determining the potential specific changes falling into the four to be included in a submission and the risk of a manufacturing change having filing categories and to modify the appropriate method for reporting the an adverse effect on the product. Some documents as needed to reflect changes data are related to the scope and the products may be substantially affected based on new information. The use of type of change being made. Four by what appear to be small guidance documents as provided for in methods of reporting changes (i.e., manufacturing changes. section 506A of the act will allow FDA supplements that require FDA review Therefore, defining ‘‘substantial,’’ to more easily and quickly modify and and prior approval, CBE’s supplements ‘‘moderate,’’ and ‘‘minimal’’ in the update important information. Guidance with a 30-day wait, CBE’s supplements regulations with such specificity that documents will be developed according with no wait, and annual reports) are they exhaustively describe all of the to the procedures set out in FDA’s Good discussed in section 506A of the act and many individual changes that may Guidance Practices as published in the in this proposal. The appropriate occur is not feasible. FDA is planning, Federal Register of February 27, 1997 method for reporting any specific however, to provide greater detail in (62 FR 8961 at 8967 to 8972). A notice change depends on the potential for that guidance about the types or categories of of availability for a draft guidance change to impact the fundamental safety changes that the agency believes should entitled ‘‘Chemistry, Manufacturing and or effectiveness of the product by be considered ‘‘substantial,’’ Control Changes to an Approved NADA adversely affecting the basic aspects of ‘‘moderate,’’ or ‘‘minimal.’’ or ANADA’’ is published elsewhere in the drug product—its identity, strength, Section 506A of the act provides FDA this issue of the Federal Register. This quality, purity, and potency. with considerable flexibility to establish guidance covers recommended The main objective of a review of a required information and filing reporting categories for various supplemental application that requirements for manufacturing postapproval manufacturing changes. documents postapproval changes to an changes. There is a corresponding need FDA has published guidances, NADA or ANADA is to ensure to retain such flexibility in the proposed including SUPAC guidances and CVM’s ‘‘sameness’’ or ‘‘equivalence’’ between regulations implementing section 506A ‘‘Animal Drug Manufacturing the pre- and post-change product. of the act to ensure that the least Guidelines,’’ that provide ‘‘Sameness or equivalence’’ do not mean burdensome means for reporting recommendations on both reporting ‘‘identical’’ since certain manufacturing changes are available. FDA believes that categories and/or the type of changes lead to differences. Such such flexibility is necessary to be information that should be developed differences should not, however, affect responsive to increasing knowledge of by the applicant to validate the effect of the safety or effectiveness of the drug and experience with certain types of the change on the identity, strength, product. Also, a proposed changes and to help ensure the quality, purity, or potency of a product manufacturing change should not be so effectiveness and safety of the products as these factors may relate to the safety extensive that a new drug product is involved. For example, a change that or effectiveness of the product. To the created. If a manufacturing change does may currently be considered to have a extent that the recommendations on produce a fundamental alteration (i.e., a substantial potential to have an adverse reporting categories in this proposed pharmaceutically inequivalent dose effect on the safety or effectiveness of guidance, when finalized, are

VerDate 22-SEP-99 11:06 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\A01OC2.024 pfrm01 PsN: 01OCP1 53284 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Proposed Rules inconsistent with previously published drug safety or effectiveness, and § 514.8(b)(4). Reference in current guidances, such as the SUPAC’s, the includes testing beyond that in an § 514.8(a)(1) to current regulations, recommended reporting categories in approved specification, such as § 510.300, has been deleted and, such prior guidances will be superseded redocumentation of the pharmaceutical instead, proposed § 514.8(b)(1)(i) makes by this new guidance upon its equivalence or bioequivalence. reference to annual reports described publication in final form. FDA intends ‘‘Minor changes and stability report’’ under proposed § 514.8(b)(4). to update the prior published guidances would mean a report that is submitted Manufacturing changes and/or updated to make them consistent with this once each year within 60 days of the stability data generated according to an guidance. anniversary of the application’s original approved stability commitment would approval or a mutually agreed upon date no longer be reported in periodic DER’s IV. Description of the Proposed Rule for minor manufacturing changes made (i.e., annual reports under current A. Definitions according to proposed § 514.8(b)(4) or a § 510.300) but be reported under statement that no changes were made, proposed § 514.8(b)(4) in an MCSR. FDA has added a new paragraph to and updated stability data generated on CVM intends to publish a final rule define terms and phrases as used in commercial or production batches revising § 510.300, which will be proposed § 514.8. Proposed § 514.8(a) according to an approved stability renumbered as § 514.80. Since CVM would add definitions of ‘‘minor protocol. expects to publish the final rule for changes and stability report (MCSR),’’ The MCSR is the annual report § 514.80 (Records and reports ‘‘specification,’’ ‘‘validate the effects of described in section 506A(d)(2)(B) of the concerning experience with new animal the change,’’ ‘listed drug,’’ and ‘‘the act, and it is different and distinct from drugs for which an approved list.’’ These definitions are necessary to the annual report described and application is in effect. (56 FR 65581, implement the provisions of section submitted in accordance with current December 17, 1991)) before the final 506A of the act. § 510.300 (21 CFR 510.300) (i.e., rule for § 514.8, CVM will, if necessary, FDA is proposing to define periodic DER’s). The MCSR is a type of amend the rule for Records and reports ‘‘specification’’ as the quality standard ‘‘annual’’ report for manufacturing concerning experience with new animal (i.e., tests, analytical procedures, and changes only. The MCSR would be drugs for which an approved acceptance criteria) provided in an submitted to and reviewed by CVM’s application is in effect. after the final approved application to confirm the Office of New Animal Drug Evaluation rule for § 514.8 publishes. quality of drug substances, drug (ONADE) rather than by CVM’s Office of Proposed § 514.8(b)(1)(ii) would products, intermediates, raw materials, Surveillance and Compliance (OSC). require the holder of an approved reagents, and other components The MCSR must include minor application under section 512 of the act including container closure systems, manufacturing changes implemented (21 U.S.C. 360b) to validate the effects and in-process controls. FDA is over the past year and an update of of manufacturing changes on the proposing to define ‘‘specification’’ ongoing stability data generated on identity, strength (e.g., assay and because section 506A of the act includes production lots. Currently, ongoing content uniformity), quality (e.g., a change ‘‘in the specifications in the stability data are submitted as part of physical, chemical, and biological approved application or license’’ as a DER’s to OSC. CVM has decided that it properties), purity (e.g., impurities and major change. To clarify the meaning of is more efficient to allow the degradation products) and potency (e.g., the term ‘‘acceptance criteria’’ as used administrative review of information biological activity, bioavailability, and in the definition of ‘‘specification,’’ FDA relating to manufacturing changes and bioequivalence) of a drug as these is including in the proposed definition stability to reside in one group. factors may relate to the safety or of ‘‘specification’’ the statement that Information regarding labeling changes effectiveness of the drug. These ‘‘acceptance criteria’’ refers to numerical and product defects would continue to validation requirements must be met limits, ranges, or other criteria for the be submitted to CVM’s OSC. before a product made with a tests described. To determine if a FDA is proposing to define ‘‘listed manufacturing change may be material being tested complies with a drug’’ and ‘‘the list’’ to clarify ‘‘reference distributed. This amendment specification, there must be listed drug’’ cited in proposed implements section 506A(a)(1) and (b) predetermined criteria. These criteria § 514.8(b)(2)(ii)(B). of the act. may include numerical limits or ranges Proposed § 514.8(b)(1)(iii) states that B. Manufacturing Changes to an (e.g., not more than 1 percent) or other notwithstanding the requirements of Approved Application criteria (e.g., white to off-white in color). § 514.8(b)(2) and (b)(3), an applicant FDA is proposing to define the phrase Proposed § 514.8(b) sets forth general must report a change provided for in ‘‘validate the effects of the change’’ as requirements under which an applicant those paragraphs in accordance with a an assessment of the effect of a must notify FDA when making a change regulation or guidance that provides for manufacturing change on the identity, to an approved application and replaces a less burdensome notification of the strength, quality, purity, or potency of a current § 514.8(a). This paragraph states change. For example, a type of drug as these factors relate to the safety that an applicant must notify FDA about manufacturing change subject to review or effectiveness of the drug. FDA is each change in each condition and approval by FDA under proposed proposing to define this phrase because established in an approved application § 514.8(b)(2) might be identified in section 506A of the act includes a beyond the variations already provided regulation or guidance as a change that requirement that a drug made with a for in the application, and that the could be reported in a supplement not manufacturing change may only be notice is required to describe the change requiring review and approval or in an distributed after the applicant validates fully. It also states that the applicant annual report. CDER used this provision the effects of the change. Validating the must, depending on the type of change, to reduce the regulatory burden for effects of the change is important in notify FDA of the change in a submission of supplements for determining whether manufacturing supplement under proposed manufacturing changes that were not changes alter the identity, strength, § 514.8(b)(2) or (b)(3) or by the inclusion likely to adversely affect drug product quality, purity, or potency of a drug of the information in an annual report quality or performance in the SUPAC product as these factors may relate to (the MCSR) under proposed guidance documents.

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Proposed § 514.8(b)(1)(iv) requires the by the sponsor shows that a proposed changes, is being published applicant to include in each manufacturing change has adversely elsewhere in this issue of the Federal supplemental application providing for affected the identity, strength, quality, Register, and the agency is soliciting a change under proposed § 514.8(b)(2) purity, or potency of the drug product comments on the draft guidance in or (b)(3), a statement that a copy of the and the sponsor wants to make the addition to the proposed rule. supplement has been provided to the change, the change should be filed in a In regard to proposed appropriate FDA district office whose supplement that requires review and § 514.8(b)(2)(ii)(B), section 506A of the jurisdiction includes the facility where approval by FDA before distribution of act also states in part that ‘‘* * * the manufacturing change is the product, regardless of whether the equivalence of the drug to the drug as implemented. change is listed as an example of one manufactured without the change’’ Proposed § 514.8(b)(1)(v) would add a that normally does not need FDA should be demonstrated. For those requirement that a list of all changes approval prior to distribution of the generic drug products for which, at the contained in the supplement or annual product made with the change. The time of approval, a generic drug report must be included in the cover applicant should submit this change in applicant was required to show letter for the supplement or annual a supplement that requires review and equivalence between the proposed report. For many years, most approval with appropriate information generic drug and a reference listed drug supplements and annual reports have to demonstrate that the manufacturing (typically the referenced pioneer drug routinely included such cover letters. change has not altered the continued product), a proposed manufacturing Including a list of all changes in the safety and effectiveness of the product. change should not significantly change cover letters will enable FDA to more The agency will assess the effect of any the equivalence demonstrated at the efficiently locate and evaluate changes adverse change in a drug product, as the time of approval. In addition, for the in what are often substantial documents, change may relate to the safety or more significant manufacturing changes thus facilitating FDA review of effectiveness of the product, during the for generic drugs the approval of which supplements and annual reports. review of the supplement that requires relied on a demonstration of Proposed § 514.8(b)(2)(iii) describes approval prior to distribution of the bioequivalence to a reference listed the information that must be included product. drug, the applicant is required to in a supplement. References to Proposed § 514.8(b)(2)(ii) lists conduct a bioequivalence study regulations for categorical exclusion or examples of those changes requiring comparing the drug product made with an environmental assessment have been submission and approval of a the change to the reference listed drug, updated and included in supplement prior to distribution, typically the pioneer drug product. § 514.8(b)(2)(iii)(K). including those designated as major Under proposed § 514.8 (b)(2)(ii)(G) changes to a product under an C. Changes Requiring Supplement manufacturing changes in section application that is subject to a validity Submission and Approval Prior to 506A(c)(2) of the act, and changes to assessment because of significant Distribution of the Product Made Using certain biotechnology products. These changes have a substantial potential to questions regarding the integrity of the the Change (Major Change) have an adverse effect on the identity, data supporting the application require Certain drug manufacturing steps are strength, quality, purity, or potency of approval prior to distribution. Until so critical that changes in these steps the product as these factors may relate questions about the integrity of the data must be subject to the submission of a to the safety or effectiveness of the in the application have been resolved, supplement to FDA that is approved by product. The agency’s continued review there are inadequate assurances that any FDA prior to distribution of the drug and approval of these changes prior to change will not adversely affect the product made using the change. Current product distribution is necessary to safety or effectiveness of the product. § 514.8(a)(4) sets forth changes for protect the animals and the public from Moreover, a change to a product cannot which such review and approval are products for which safety or be validated, as required under 506A(b) required. effectiveness may have been of the act, until the integrity of the Proposed § 514.8(b)(2) would revise compromised. underlying data in such an application the current sections to implement FDA is proposing to describe is validated. Consequently, there is a section 506A of the act. Proposed additional specific examples of changes significant potential that the change will § 514.8(b)(2)(i) implements section that have substantial, moderate, and have an adverse effect on the identity, 506A(c)(2) of the act and would require minimal potential to adversely affect a strength, quality, purity, or potency of a preapproval supplement to be product in guidance documents rather the product. After a validity assessment submitted for any major change, i.e., any than enumerate them in the proposed has been completed, and data integrity change in the product, production regulations. As discussed previously, questions resolved, the holder of an process, quality controls, equipment, or section 506A of the act expressly states approved application may submit facilities that has a substantial potential that the agency, through guidance, may supplements for manufacturing changes to have an adverse effect on the identity, categorize the manufacturing changes. as otherwise provided in § 514.8. strength, quality, purity, or potency of FDA anticipates that scientific advances Current § 514.8(a)(4)(iii), (a)(4)(iv), the product as these factors may relate and future experience may reduce the and (a)(4)(v) regarding general to the safety or effectiveness of the need for approval of supplements manufacturing and control changes product. providing for certain changes, and the requiring approval prior to distribution Also, there are times when agency will respond to changed are not included in proposed manufacturing changes are circumstances by revising the guidance § 514.8(b)(2), because some of these demonstrated to have an adverse effect documents. A notice of availability of a changes would fall into the proposed on the identity, strength, quality, purity, draft guidance document entitled major manufacturing change category or potency of the drug product. In many ‘‘Guidance for Industry: Chemistry, while others would fall into other cases the applicant chooses not to Manufacturing and Controls Changes to proposed categories depending on implement these manufacturing an Approved NADA or ANADA,’’ that whether the change is considered to changes, but in other cases the applicant provides more detailed have a substantial, moderate, or may still wish to do so. If an assessment recommendations on how to report minimal potential to adversely affect the

VerDate 22-SEP-99 11:06 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\A01OC2.024 pfrm01 PsN: 01OCP1 53286 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Proposed Rules identity, strength, quality, purity, or and there is, therefore, less potential for also require that the same information potency of the drug as they may relate the change to have an adverse effect on listed in proposed § 514.8(b)(2)(iii), to the safety or effectiveness of the drug. the safety or effectiveness of the discussed previously, must be contained FDA plans to provide recommendations product. in the supplement required under on how to submit the supplements in proposed § 514.8(b)(3). D. Changes Requiring Supplement guidance documents, including the draft According to proposed Submission at Least 30 Days Prior to guidance document mentioned § 514.8(b)(3)(v), during the 30-day Distribution of the Drug Product Made previously. Current § 514.8(a)(4)(v) period following receipt of the Using the Change (Moderate Changes) relating to identification of distributors supplement, FDA would perform a has been updated and reproposed as Current § 514.8(d)(3) provides for preliminary review to determine § 514.8(c)(4). manufacturing changes that give an whether the supplement is complete Proposed § 514.8(b)(2)(iii) states that increased assurance that the drug will and whether the type of change is the applicant must obtain approval of a have the characteristics of identity, appropriate for review as a supplement supplement from FDA before strength, quality, and purity that it under proposed § 514.8(b)(3). If the distributing a product using a change purports or is represented to possess to proposed change is determined to be a under § 514.8(b)(2), and it specifies be placed into effect at the earliest major change that should appropriately information to be included in the possible time. Proposed § 514.8(b)(3) be submitted under proposed supplement. implements section 506A(d)(1)(B) and § 514.8(b)(2), the agency would inform Proposed § 514.8(b)(2)(iv) permits a (d)(3) of the act and provides that the applicant and the applicant would request for an expedited review of a products made using the changes listed be required to receive FDA’s approval supplement for public health reasons or under this section may only be before a product produced with the if a delay in making the change distributed not sooner than 30 days after change could be distributed. If FDA described in the supplement would receipt of a supplement by FDA. FDA determines that the change is properly impose an extraordinary hardship on recognizes that animal and the public submitted as a supplement under the applicant. FDA is including this health can be adequately protected § 514.8(b)(3)(i), but the required provision for expedited review for without requiring approval of certain information is incomplete, the applicant extraordinary hardship reasons but manufacturing changes prior to would be required to supply the missing wishes to clarify that these requests distribution of the product made with information and wait until FDA has should focus on manufacturing changes the change. FDA continues to believe determined that the supplement is in made necessary by catastrophic events that it is important that such changes be compliance before distributing the (e.g., fire) or by events that could not be documented and validated so that there product. reasonably foreseen and for which the is a mechanism for assessing the Under proposed § 514.8(b)(3)(vii), if applicant could not plan. Requests for consequences of the change and that the FDA disapproves a supplemental expedited review will be assessed on a agency approve such changes. The application under this section, the case-by-case basis. All requests may not requirement to submit a supplement 30 agency may order the manufacturer to be granted. days before distribution of the product cease distribution of the drug products Under proposed § 514.8(b)(2)(v), an balances FDA’s need to review made with the manufacturing change. applicant may submit one or more applications to protect against the This amendment would implement protocols describing specific tests, distribution of unsafe or ineffective section 506A(d)(3)(B)(iii) of the act. validation studies, and acceptable limits products and the need to make E. Changes That May Be Implemented to be achieved to demonstrate the lack improved products available. of an adverse effect for specified types Proposed § 514.8(b)(3)(i) would When FDA Receives a Supplement of manufacturing changes on the require that a supplement be submitted (Moderate Changes) identity, strength, quality, purity, or for any change in the product, Section 506A(d)(3)(B)(ii) of the act potency of the drug as these factors may production process, quality controls, gives FDA authority to designate a relate to the safety or effectiveness of the equipment, or facilities that has a category of changes for which the holder drug. Such protocols, or changes to a moderate potential to have an adverse of an approved application making such protocol, would be submitted as a effect on the identity, strength, quality, change may begin distribution of the supplement requiring approval from purity, or potency of the product as drug upon receipt by FDA of a FDA prior to distribution. If approved, these factors may relate to the safety or supplemental application for the the use of such a protocol in making the effectiveness of the product. Proposed change. FDA recognizes that animals specified changes may justify a reduced § 514.8(b)(3)(iii) states that a and the public can be adequately reporting category for the change supplement submitted under protected without requiring approval of because of the reduced risk of an § 514.8(b)(3)(i) is required to give a full certain manufacturing changes prior to adverse effect. explanation of the basis for the change distribution of the product made with Generally, when considering a change and identify the date on which the the change. FDA continues to believe in the manufacture of a product, the change is to be made, and that the that it is important that such changes be manufacturer will prepare a protocol, supplement must be labeled documented and validated so that there often called a ‘‘comparability protocol,’’ ‘‘Supplement—Changes Being Effected is a mechanism for assessing the identifying tests to be performed in in 30 Days.’’ consequences of the change and that the evaluating the change and its effect on Proposed § 514.8(b)(3)(ii) describes agency approve such changes. However, the product and defining the criteria the types of changes that require based on FDA’s experience, certain against which the impact of the change submission of a supplement 30 days changes may be implemented when will be evaluated. By providing FDA an before distribution. FDA receives the supplement, rather opportunity to review and approve the Proposed § 514.8(b)(3)(iv) states that than delaying distribution for 30 days comparability protocol before it is used distribution of a product made using a because, in general, these changes by the applicant to evaluate a change, change listed under this section may not provide the same or increased assurance FDA can have a greater assurance that begin until 30 days after receipt of a that the product will have the the change is being properly evaluated supplement by FDA. This section would characteristics of identity, strength,

VerDate 22-SEP-99 11:06 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\A01OC2.024 pfrm01 PsN: 01OCP1 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Proposed Rules 53287 quality, purity, or potency that it through submission of an annual report a product subject to a change listed purports or is represented to have. and by inspection. under § 514.8(c)(2)(i), and specifies Submission of a supplement gives FDA Section 506A(d)(1)(C) of the act information to be included in the ready access to information regarding authorizes FDA to establish reporting supplement. such changes. The requirement for categories (i.e., annual report) of Current § 514.8(a)(3) regarding approval of such supplements allows manufacturing changes (i.e., minor mailing or promotional pieces for a FDA to protect against the distribution changes) that may be made without prescription drug has been updated and of unsafe or ineffective products while submitting a supplemental application. is included under proposed allowing products that are likely to be Section 506A(d)(2)(A) of the act permits § 514.8(c)(2). Current § 514.8(a)(4)(i) and improved to be available more quickly. minor changes to be reported separately (a)(4)(ii) regarding revisions in labeling Examples of such changes are listed in or in an annual report. Section 506A of and addition of claim, respectively, proposed § 514.8(b)(3)(vi). The the act has no provisions for reporting have been updated and included under supplement submitted under this minor manufacturing changes in proposed § 514.8(c)(2)(i)(A) and paragraph is required to give a full biennial supplements as permitted by (c)(2)(i)(B). CVM’s pilot program. Therefore, all explanation of the basis for the change H. Labeling Changes To Be Placed Into minor manufacturing changes described and the supplement must be labeled Effect Prior to Receipt of a Written in regulations or guidance should be ‘‘Supplement—Changes Being Notice of Approval of a Supplemental submitted in an MCSR to the Effected.’’ Application Under proposed § 514.8(b)(3)(vii), if application annually. The MCSR will be FDA disapproves a supplemental reviewed by the appropriate CVM office Proposed § 514.8(c)(3) updates and application under this section, the that reviews manufacturing redesignates current § 514.8(d) regarding agency may order the manufacturer to supplements. No manufacturing labeling changes to be placed into effect cease distribution of the drug products changes or updated stability data are to prior to receipt of a written notice of made with the manufacturing change. be reported in the periodic DER that is approval of a supplemental application. Current § 514.8(d) describes the types submitted to CVM’s OSC. But reports of Proposed § 514.8(c)(3)(i) requires of changes that can be placed into effect manufacturing defects must continue to labeling changes that increase the at the earliest possible time. Such be submitted to OSC. The MCSR must assurance of product safety, such as changes are being described in proposed be submitted each year within 60 days additional warnings, contraindications, § 514.8(b)(3)(vi) and (c)(3). of the anniversary of approval of the or side effects or deletions of false, misleading, or unsupportive statements; F. Changes and Updated Stability Data application or mutually agreed upon date. Proposed § 514.8(b)(4)(ii) lists and any other changes as directed by to Be Described and Submitted in an FDA to be placed into effect Annual Report (Minor Changes) examples of changes that can be reported in the MCSR. immediately. These changes, proposed Minor manufacturing changes are Proposed § 514.8(b)(4)(iii) states that § 514.8(c)(3)(i)(A) and (c)(3)(i)(B), are currently submitted in an annual report the MCSR must list all products to listed in current § 514.8(d)(1) and (d)(2). under § 510.300(b)(6) as referenced in which minor changes were made. Proposed § 514.8(c)(3)(ii) permits current § 514.8(a)(5) or in a biennial Proposed § 514.8(b)(4) replaces labeling changes to the style and format supplement. Proposed § 514.8(b)(4) current § 514.8(a)(5). that do not decrease the safety of would provide that changes to the product approved in supplemental product, production process, quality G. Labeling and Other Changes applications to be placed into effect controls, equipment, or facilities that Requiring Submission and Approval of prior to written notice of approval from have a minimal potential to have an a Supplement Prior to Distribution of FDA of a supplemental application. adverse effect on the identity, strength, the Product Made Using the Change Proposed § 514.8(c)(3)(iii) updates quality, purity, or potency as these (Major Changes) current § 514.8(e) and describes what factors may relate to the safety or Labeling changes addressed in current must be included in a supplement effectiveness of the product be § 514.8(a) and (b) are newly addressed submitted under § 514.8(c)(3). FDA will documented by the applicant in the next by proposed § 514.8(c). Proposed not take action against products or annual report, i.e., ‘‘Minor Changes and § 514.8(c)(1) describes when an sponsors solely because a change in Stability Report,’’ as described under applicant must notify FDA that the labeling described in § 514.8(c)(3) is proposed § 514.8(b)(4). FDA recognizes applicant is making such a change to an implemented prior to FDA receipt and that there are manufacturing changes approved application. This section approval of a supplement if the that have a minimal potential to have an states that an applicant must notify FDA information listed in § 514.8(c)(3)(iii) adverse affect on a product’s safety or about each change in each condition has been submitted to the agency. effectiveness. FDA believes that agency established in an approved application Proposed § 514.8(c)(4) would require approval of these changes prior to beyond the variations already provided applicants to notify CVM of additional product distribution is unnecessary and for in the application, and that the designated distributors under proposed is proposing in § 514.8(b)(4) that such notice is required to describe the change § 514.80(a)(2), (b)(3), and (b)(5)(iii) changes would not be required to be fully. (Records and reports concerning approved by the agency. FDA continues Proposed § 514.8(c)(2) updates current experience with new animal drugs for to believe that it is important that such § 514.8(a)(3), (a)(4)(i) and (a)(4)(ii) which an approved application is in changes be documented and validated regarding labeling changes and addition effect.—as noted in section IV.B of this so that FDA can assess the of intended use requiring preapproval document, CVM expects to publish the consequences of the change. FDA can supplements. Labeling and other final rule for § 514.80 before the final effectively assess compliance with this changes requiring submission of a rule for this document). This section and CGMP requirements for supplemental application are described notification will be accompanied by a changes that have a minimal potential to in proposed § 514.8(c)(2)(i). Form FDA 2301, submitted to DER, and adversely affect the product’s safety or Proposed § 514.8(c)(2)(ii) requires an reported at the time of initial product effectiveness by having ready access to applicant to obtain approval of a distribution by the new distributor. This information regarding such changes supplement by FDA before distributing type of change is not considered a

VerDate 22-SEP-99 11:06 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\A01OC2.024 pfrm01 PsN: 01OCP1 53288 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Proposed Rules manufacturing change, rather a type of suspend or withdraw approval of a new significant regulatory action subject to labeling change to be reported to the animal drug application is adequately review under the Executive Order. Division of Epidemiology and addressed in section 512(c)(1)(F) of the The agency is proposing to amend Surveillance in the OSC, CVM. act and need not be addressed in the current § 514.8 to implement section In addition to section 506A of the act, proposed regulations. Similarly, FDA is 116 of the Modernization Act. This other sections of the act authorize FDA removing current § 514.8(i) that section establishes reporting procedures to propose § 514.8. Section 501 of the provides for a deferral of final action on and requirements for making major and act (21 U.S.C. 351) prohibits the supplemental applications as described other manufacturing changes to an manufacture, processing, packing, or under current § 514.8(d), (e), and (g). approved NADA or ANADA. The intent holding of drugs that do not conform to of section 506A of the act and this CGMP; the use of an unsafe new animal K. Section 514.106 Approval of Supplemental Applications proposed rule is to permit sponsors to drug under the meaning of section 512 use a less burdensome notification of the act; the use of unsafe color This proposal would modify procedure for some types of changes, additives in or on a drug under section § 514.106(b) regarding the while also clarifying the regulations and 721 of the act (21 U.S.C. 379e); and the administrative categorization of harmonizing them, where possible, with distribution of a drug that differs in the supplemental applications to provide CDER’s and CBER’s regulations. strength, purity, or quality that it for proper references to proposed Downgrading the level of agency review purports or is represented to possess. § 514.8. for some of these supplements will lead Section 502 of the act (21 U.S.C. 352) V. Conforming Amendments to compliance cost savings due to the prohibits false or misleading labeling of resulting improvement in A number of sections in the drugs, drugs that lack adequate manufacturing efficiencies. regulations covering new animal drugs directions for use and adequate The agency has not estimated the are affected by these proposed changes. warnings, and the distribution of drugs value of the expected improvements in Conforming changes are being proposed that are dangerous to health when used manufacturing efficiencies due to the in §§ 5.83, 25.33, 500.25, 510.300, in the manner suggested in the labeling. myriad of factors affecting the 514.106, and 558.5 because of the Under section 512 of the act, FDA will production schedules of new animal reorganization of the existing approve an application for a new drugs. FDA believes, however, that information or introduction of new intended use of a new animal drug if, these changes will result in shorter requirements. among other things, the methods used average lag times between the decision in, and the facilities and controls used VI. Environmental Impact to make certain minor changes to the for, the manufacture, processing, and The agency has determined under 21 manufacturing process for a new animal packing of such drug are adequate to drug and the time at which that change preserve its identity, strength, quality, CFR 25.24(h) that this action is of a type that does not individually or can be implemented. A report by the and purity. Section 701 of the act (21 Eastern Research Group, an FDA U.S.C. 371) authorizes FDA to issue cumulatively have a significant effect on the human environment. Therefore, contractor, on the effects of the human regulations for the efficient enforcement drug scale-up and postapproval change of the act. neither an environmental assessment nor an environmental impact statement guidance for immediate release solid I. Other Information. is required. oral dosage form (SUPAC–IR), concluded that this type of supplement Proposed § 514.8(d) regarding patent VII. Analysis of Impacts information is included to comply with change can result in significant net section 512(c)(3) of the act. Proposed FDA has examined the impacts of the savings to industry. In particular, the § 514.8(e) regarding claimed exclusivity proposed rule under Executive Order report found that companies gain greater is included to comply with section 12866, the Regulatory Flexibility Act (5 control over their production resources 512(c)(2)(F) of the act. Proposed U.S.C. 601–612), and the Unfunded and ‘‘shorter waiting times for changes § 514.8(f) regarding good laboratory Mandates Reform Act of 1995 (Public that can now be filed as Changes Being practice for nonclinical laboratory Law 104–4). Executive Order 12866 Effected (CBE’s) or annual reports.’’ studies is redesignated as current directs agencies to assess all costs and The proposed rule contains four § 514.8(l). benefits of available regulatory reporting categories for supplemental alternatives and, when regulation is chemistry, manufacturing and control J. Sections Proposed for Removal necessary, to select regulatory (CMC) changes, whereas the current The agency is proposing that a approaches that maximize net benefits regulation § 514.8 contains three. The number of paragraphs be removed after (including potential economic, first category concerns those changes reevaluation of the regulations covering environmental, public health and safety, requiring approval prior to changes to an approved application and other advantages; distributive implementation and defines what is because the agency has determined that impacts; and equity). Executive Order included in a ‘‘major’’ change. These these paragraphs are no longer relevant 12866 classifies a rule as significant if requirements are very similar to those in to current practices. These regulations it meets any one of a number of the existing regulation, but clarify some are described in the next two specified conditions, including having of the existing language. The second paragraphs. an annual effect on the economy of $100 category is a new ‘‘30-day changes being FDA has determined that the million or adversely affecting in a effected,’’ or 30-day CBE category. The regulations covering special material way a sector of the economy, purpose of this new category is to circumstances of NADA’s effective prior competition, or jobs. The agency provide for a less burdensome method to October 10, 1962, are no longer believes that this proposed rule is of reporting some ‘‘moderate’’ CMC needed. Thus FDA is proposing to consistent with the regulatory changes that previously were reported eliminate current § 514.8(g), (k), and (j). philosophy and principles identified in as major changes requiring approval Current § 514.8(h) stating that nothing the Executive Order. The Office of before implementation. The firm in § 514.8 limits the Secretary of Health Management and Budget (OMB) has submitting the supplement will be able and Human Services’s authority to determinied that this proposed rule is a to implement the change more quickly

VerDate 22-SEP-99 11:06 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\A01OC2.024 pfrm01 PsN: 01OCP1 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Proposed Rules 53289 as it will no longer require agency impact on small entities. The proposed annual reporting burden. Included in approval before implementation. rule implements section 506A of the act. the estimate is the time for reviewing The third category concerns those The intent of the rule is to clarify the instructions, searching existing data supplement changes that can be effected regulations for submitting supplemental sources, gathering and maintaining the upon the agency’s receipt of submission applications for new animal drugs, data needed, and completing and of the supplemental application. The harmonize the regulations with those for reviewing each collection of current regulation concerning this CDER and CBER, and lessen the information. reporting category contained language compliance burden for some FDA invites comments on: (1) that allowed for the change ‘‘at the supplements by reducing the level of Whether the proposed collection of earliest possible time,’’ while the act agency review necessary before information is necessary for the proper specifically dictates the change be implementation of certain changes. The performance of FDA’s functions, allowed at the time of agency receipt of effects of the proposed rule will be including whether the information will the supplement. The fourth category spread across all firms that submit have practical utility; (2) the accuracy of concerns the minor manufacturing supplements, regardless of their size. FDA’s estimate of the burden of the changes and updated stability data to be The Small Business Administration proposed collection of information, submitted in an MCSR. This annual defines small businesses as businesses including the validity of the MCSR replaces the current regulation with fewer than 750 employees. Because methodology and assumptions used; (3) that also requires an annual report of these are the firms that are most likely ways to enhance the quality, utility, and these changes. Nevertheless, those firms to be submitting reports of minor clarity of the information to be currently reporting these CMC changes changes as prior approval supplements, collected; and (4) ways to minimize the in the biennial supplement described even though not required to do so by burden of the collection of information previously in this document, will incur current regulations, rather than as on respondents, including through the the additional burden of an extra report biennial supplements as allowed under use of automated collection techniques, every other year. CVM’s pilot project, they are even more when appropriate, and other forms of Based on prior years’ submissions, the likely to realize a benefit from this information technology. agency estimates that it will receive regulation than the larger industry Title: Supplements and Other about 906 CMC supplements. According members that participated in CVM’s Changes to Approved New Animal Drug to estimates from agency reviewers, pilot project. At worst, a few small firms Applications. about 755 of these would have required participating in CVM’s pilot project may Description: As directed by the preapproval under the current have to submit an annual report rather Modernization Act, FDA is proposing regulation. Under the proposed rule, the than a biennial supplement. Because the regulations to describe reporting number requiring preapproval is burden of submitting one additional procedures and requirements for making estimated at 154. The difference of 601 report every other year will not impose major and other manufacturing changes supplements represents the approximate a significant cost on small businesses, to an approved NADA. The proposed number of additional changes that can the agency certifies that the rule will not regulations also describe reporting be made without agency approval. have a significant effect on a substantial procedures and requirements for making Companies submitting these number of small entities. labeling changes to an approved NADA. supplements will have the opportunity Under proposed § 514.8(b)(2) and (c)(2), to make quicker changes and realize B. Unfunded Mandates Reform Act the agency will continue to require an increased manufacturing efficiencies. Section 202 of the Unfunded approved supplemental application Further savings are expected from Mandates Reform Act requires that prior to distribution of a product made another provision of the rule that agencies prepare an assessment of with a major manufacturing or labeling concerns labeling supplements. anticipated costs and benefits before change to an approved NADA. Major Currently, labeling supplements are proposing any rule that may result in manufacturing changes are those required to include nine copies of the expenditure by State, local, and tribal determined to have substantial potential labeling in the submission. The governments, in the aggregate, or by the to adversely affect the identity, strength, proposed rule would lower this private sector of $100 million or more quality, purity, or potency of the drug. requirement to two copies, providing (adjusted annually for inflation) in any For moderate manufacturing changes, as further small savings for industry. one year. Because the agency estimates defined in proposed § 514.8(b)(3), Although the proposal also reorganizes that the proposed rule will not result in sponsors would be required to submit a the rules for labeling supplements, the expenditures of funds by State, local, supplemental application at least 30 agency does not expect these changes to and tribal governments or the private days prior to distribution of the product alter the number of labeling sector in excess of $100 million or more made using the change. Under proposed supplements submitted annually. in any one year, but will result in only § 514.8(b)(4), sponsors would not be The creation of the MCSR may insignificant expenditures by the required to submit supplemental provide additional opportunity for industry, and in fact should provide a applications for minor manufacturing savings because it may include minor net savings, it is not required to perform changes, but would describe these manufacturing changes that were a cost/benefit analysis according to the changes in annual reports. Additionally, previously submitted as CBE’s or other Unfunded Mandates Reform Act. under proposed § 514.8(c)(3), certain supplement types that require a higher labeling changes would require VIII. Paperwork Reduction Act of 1995 level of review. Under the proposal, supplemental applications, but would each firm will be able to accumulate and This proposed rule contains be placed into effect immediately. submit them together each year, rather information collection provisions that Under current regulations, CVM than individually. are subject to review by the OMB under evaluates all manufacturing and labeling the Paperwork Reduction Act of 1995 changes to approved NADA’s whether A. Regulatory Flexibility Analysis (44 U.S.C. 3501–3520). The title, they are submitted as permitted The Regulatory Flexibility Act description, and respondent description changes, CBE’s, or those requiring requires agencies to analyze regulatory of the information collection provisions approval prior to implementation. CVM options to minimize any significant are shown below with an estimate of the provided greater flexibility to the

VerDate 22-SEP-99 11:06 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\A01OC2.024 pfrm01 PsN: 01OCP1 53290 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Proposed Rules current regulations by permitting the Listed in Table 1 of this document is 2301 (OMB approval number 0910– reporting of minor manufacturing an estimate of the burden placed on 0019). changes in a biennial supplement, as industry for the various types of Description of Respondents: Sponsors discussed earlier in this document. submissions discussed in the proposed of new animal drug applications. Changes mandated by the regulation. FDA based the number of In compliance with section 3507(d) of Modernization Act will supersede this respondents upon the total number of the Paperwork Reduction Act of 1995 practice, replacing the biennial potential sponsors. The number of total (44 U.S.C. 3507(d)), the agency has supplement with an annual report, the annual responses was derived from submitted the information collection MCSR. agency reviewers’ estimates based upon provisions of this proposed rule to OMB The proposed rule is expected to prior years’ submissions. The number of for review. Interested persons are lessen paperwork burden by requiring: responses per respondent is an estimate requested to send comments regarding (1) Fewer copies of labels for labeling that the agency arrived at by dividing this information collection by November changes, (2) fewer submissions because the number of total responses the 1, 1999, to the Office of Information and certain changes that are submitted agency expects to receive by the total Regulatory Affairs, OMB, New under the current rule as individual number of potential responses. Changes Executive Office Bldg., 725 17th St. CBE’s or other supplement types may under § 514.8(b)(2) through (b)(4) and NW., rm. 10235, Washington, DC 20503, now be accumulated and submitted (c)(2) through (c)(3) are submitted on Attn: Wendy Taylor, Desk Officer for together once a year in the MCSR, and FDA Form 356V (OMB approval number FDA. (3) agency approval of fewer types of 0910–0032). Labeling changes under FDA estimates the burden of this changes. § 514.8(c)(4) are made on FDA Form collection of information as follows:

TABLE 1.ÐESTIMATED ANNUAL REPORTING BURDEN1

No. of Re- 21 CFR Section No. of sponses per Total Annual Hours per Total Respondents Respondents Responses Response

514.8(b)(2)(iii) 190 0.81 154 100 15,400 514.8(b)(2)(v) 190 0.59 112 80 8,960 514.8(b)(3)(i) 190 2.64 502 60 30,120 514.8(b)(3)(vi) 190 1.32 250 60 15,000 514.8(b)(4) 190 5.17 982 24 23,568 514.8(c)(2) 190 0.26 50 20 1,000 514.8(c)(3) 190 0.26 50 60 3,000 514.8(c)(4) 190 0.39 74 3 222 Total 2,174 97,270 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

IX. Comments 21 CFR Part 510 262, 263, 264, 265, 300u–300u–5, 300aa–l; 1395y, 3246b, 4332, 4831(a), 10007–10008; Interested persons may, on or before Administrative practice and E.O. 11921, 41 FR 24294, 3 CFR, 1977 Comp., December 15, 1999, submit to the procedure, Animal drugs, Labeling, p. 124–131; E.O. 12591, 52 FR 13414, 3 CFR, Dockets Management Branch (address Reporting and recordkeeping 1988 Comp., p. 220–223. requirements. above) written comments regarding this 2. Section 5.83 is amended by revising proposed rule. Two copies of any 21 CFR Part 514 paragraph (c) to read as follows: comments are to be submitted, except that individuals may submit one copy. Administrative practice and § 5.83 Approval of new animal drug Comments are to be identified with the procedure, Animal drugs, Confidential applications, medicated feed mill license docket number found in brackets in the business information, Reporting and applications and their supplements. heading of this document. Received recordkeeping requirements. * * * * * comments may be seen in the office 21 CFR Part 558 (c) The Director, Division of above between 9 a.m. and 4 p.m., Manufacturing Technologies, Office of Animal drugs, Animal feeds. New Animal Drug Evaluation, CVM, is Monday through Friday. Therefore, under the Federal Food, authorized to perform all of the Drug, and Cosmetic Act and under List of Subjects functions of the Commissioner of Food authority delegate to the Commissioner and Drugs with regard to the approval 21 CFR Part 5 of Food and Drugs, it is proposed that of supplemental applications that are 21 CFR parts 5, 25, 500, 510, 514, and Authority delegations (Government described by § 514.8(b)(2) and (b)(3) of 558 be amended as follows: agencies), Imports, Organization and this chapter. functions (Government agencies). PART 5ÐDELEGATIONS OF * * * * * 21 CFR Part 25 AUTHORITY AND ORGANIZATION PART 25ÐENVIRONMENTAL IMPACT Environmental impact statements, 1. The authority citation for 21 CFR CONSIDERATIONS Foreign relations, Reporting and part 5 continues to read as follows: recordkeeping requirements. 3. The authority citation for 21 CFR Authority: 5 U.S.C. 504, 552, App. 2; 7 part 25 continues to read as follows: 21 CFR Part 500 U.S.C. 138a, 2271; 15 U.S.C. 638, 1261–1282, 3701–3711a; 15 U.S.C. 1451–1461; 21 U.S.C. Authority: 21 U.S.C. 321–393; 42 U.S.C. Animal drugs, Animal feeds, Cancer, 41–50, 61–63, 141–149, 321–394, 467f, 262, 263b–264; 42 U.S.C. 4321, 4332; 40 CFR Labeling, Packaging and containers, 679(b), 801–886, 1031–1309; 35 U.S.C. 156; parts 1500–1508; E.O. 11514, 35 FR 4247, 3 Polichlorinated biphenyls (PCB’s). 42 U.S.C. 241, 242, 242a, 242l, 242n, 243, CFR, 1971 Comp., p. 531–533 as amended by

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E.O. 11991, 42 FR 26967, 3 CFR, 1978 Comp., edition of FDA’s ‘‘FDA Approved must validate the effect of the change on p. 123–124 and E.O. 12114, 44 FR 1957, 3 Animal Drug Products’’ (the list) or any the identity, strength, quality, purity, or CFR, 1980 Comp., p. 356–360. current supplement thereto, as a new potency of the new animal drug as these animal drug with an effective approval. factors may relate to the safety or § 25.33 [Amended] A new animal drug product is deemed effectiveness of the new animal drug 4. Section 25.33 Animal drugs is to be a listed drug on the date of before distributing a drug made with a amended in paragraph (a)(4) by effective approval of the application or manufacturing change. removing ‘‘514.8(a)(5), (a)(6), or (d)’’ and abbreviated application for that new (iii) Notwithstanding the by adding in its place ‘‘514.8(b)(3), animal drug product. requirements of paragraphs (b)(2) and (b)(4), or (c)(3)’’. (ii) Minor changes and stability report (b)(3) of this section, an applicant must means an annual report that is make a change provided for in those PART 500ÐGENERAL submitted to the new animal drug paragraphs in accordance with a 5. The authority citation for 21 CFR application or abbreviated new animal regulation or guidance that provides for part 500 continues to read as follows: drug application once each year within a less burdensome notification of the 60 days of the anniversary of the change (for example, by submission of Authority: 21 U.S.C. 321, 331, 342, 343, application’s original approval or a a supplement that does not require 348, 351, 352, 353, 360b, 371. mutually agreed upon date. The report approval prior to distribution of the § 500.25 [Amended] must include minor manufacturing and product or by notification in the next 6. Section 500.25 Anthelmintic drugs controls changes made according to annual report described in paragraph for use in animals is amended in the § 514.8(b)(4) or state that no changes (b)(4) of this section). first sentence of paragraph (c) by were made; and update stability data (iv) The applicant must include in removing ‘‘514.8(d) and (e)’’ and by generated on commercial or production each supplemental application adding in its place ‘‘514.8(c)(3)’’. batches according to the approved providing for a change under paragraph stability protocol/commitment. (b)(2) or (b)(3) of this section, a PART 510ÐNEW ANIMAL DRUGS (iii) Specification means the quality statement certifying that a copy of the standard (i.e., tests, analytical supplement has been provided to the 7. The authority citation for 21 CFR procedures, and acceptance criteria) appropriate FDA district office. part 510 continues to read as follows: provided in an approved new animal (v) The cover letter for a supplement Authority: 21 U.S.C. 321, 331, 351, 352, drug application or abbreviated new or annual report described in paragraph 353, 360b, 371, 379e. animal drug application to confirm the (b)(4) of this section must include a list quality of drug substances, drug of all changes contained in the § 510.300 [Amended] products, intermediates, raw materials, supplement or annual report. 8. Section 510.300 Records and reagents, and other components (2) Changes requiring submission and reports concerning experience with new including container closure systems, approval of a supplement prior to animal drugs for which an approved and in-process controls. For the purpose distribution of the product made using application is in effect is amended by of this definition, acceptance criteria the change (major changes). (i) A removing paragraph (a)(6). means numerical limits, ranges, or other supplement must be submitted for any criteria for the tests described. change in the product, production PART 514ÐNEW ANIMAL DRUG (iv) Validate the effects of the change process, quality controls, equipment, or APPLICATIONS means to assess the effect of a facilities that has a substantial potential 9. The authority citation for 21 CFR manufacturing change on the identity, to have an adverse effect on the identity, part 514 is revised to read as follows: strength, quality, purity, or potency of a strength, quality, purity, or potency of new animal drug as these factors relate Authority: 21 U.S.C. 351, 352, 356a, 360b, the product as these factors may relate 371, 379e, 381. to the safety or effectiveness of the new to the safety or effectiveness of the 10. Section 514.8 is revised to read as animal drug. product. follows: (v) The list means the list of new (ii) These changes include, but are not animal drug products with effective limited to: § 514.8 Supplements and other changes to approvals published in the current (A) Except as provided in paragraphs an approved application. edition of FDA’s publication ‘‘FDA (b)(3) and (b)(4) of this section, changes (a) Definitions. (1) The definitions and Approved Animal Drug Products’’ and in the qualitative or quantitative interpretations contained in section 201 any current supplement to the formulation of the new animal drug, of the Federal Food, Drug, and Cosmetic publication. including inactive ingredients, or other Act (the act) apply to those terms when (b) Manufacturing changes to an specifications as provided in the used in this part. approved application—(1) General approved application; (2) The following definitions of terms provisions. (i) The applicant must notify (B) Changes requiring completion of apply to this part: FDA about each change in each appropriate animal studies to (i) Listed drug means a new animal condition established in an approved demonstrate the equivalence of the drug drug product that has an effective application beyond the variations to the new animal drug as manufactured approval under section 512 of the act, already provided for in the application. without the change or to the reference which has not been withdrawn or The notice is required to describe the listed drug; suspended under section 512 of the act, change fully. Depending on the type of (C) Changes that may affect product and which has not been withdrawn change, the applicant must notify FDA sterility assurance, such as changes in from sale for what the Food and Drug about it in a supplement under product or component sterilization Administration (FDA) has determined paragraph (b)(2) or (b)(3) of this section method(s) or an addition, deletion, or are reasons for safety or effectiveness. or include the information in the annual substitution of steps in an aseptic Listed drug status is evidenced by the report to the application described in processing operation; new animal drug product’s paragraph (b)(4) of this section. (D) Changes in the synthesis or identification as a new animal drug with (ii) The holder of an approved manufacture of the new animal drug an effective approval in the current application under section 512 of the act substance that may affect the impurity

VerDate 22-SEP-99 11:06 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\A01OC2.024 pfrm01 PsN: 01OCP1 53292 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Proposed Rules profile and/or the physical, chemical, or (J) A reference list of relevant affect the process methodology or biological properties of the drug standard operating procedures (SOP’s) process operating parameters. substance; when applicable; and (iii) A supplement submitted under (E) Changes in a container closure (K) A claim for categorical exclusion paragraph (b)(3)(i) of this section is system that controls drug delivery or under § 25.30 or § 25.33 of this chapter required to give a full explanation of the that may affect the impurity profile of or an environmental assessment under basis for the change and identify the the new animal drug product; § 25.40 of this chapter. date on which the change is to be made. (F) Changes solely affecting a natural (iv) An applicant may ask FDA to The supplement must be labeled product, a recombinant DNA-derived expedite its review of a supplement for ‘‘Supplement—Changes Being Effected protein/polypeptide product, or a public health reasons or if a delay in in 30 Days.’’ complex or conjugate of a new animal making the change described in it (iv) Pending approval of the drug with a monoclonal antibody for the would impose an extraordinary supplement by FDA and except as following: hardship on the applicant. Such a provided in paragraph (b)(3)(vi) of this (1) Changes in the virus or supplement and its mailing cover section, distribution of the product adventitious agent removal or should be plainly marked: ‘‘Prior made using the moderate change under inactivation method(s); Approval Supplement—Expedited paragraph (b)(3) of this section may (2) Changes in the source material or Review Requested.’’ begin not less than 30 days after receipt cell line; and (v) An applicant may submit one or of the supplement by FDA. The (3) Establishment of a new master cell more protocols describing the specific supplement must contain the bank or seed; and tests and validation studies and information listed in paragraphs (G) Changes to a product under an acceptable limits to be achieved to (b)(2)(iii)(A) through (b)(2)(iii)(K) of this application that is subject to a validity demonstrate the lack of adverse effect section. assessment because of significant for specified types of manufacturing (v) The applicant must not distribute questions regarding the integrity of the changes on the identity, strength, the product made using the change if data supporting the application. quality, purity, or potency of the within 30 days following FDA’s receipt (iii) The applicant must obtain product as these factors may relate to of the supplement, FDA informs the approval of a supplement from FDA the safety or effectiveness of the applicant that either: prior to distribution of a product made product. Any such protocols, or change (A) The change requires approval using a change under paragraph (b)(2) of to a protocol, must be submitted as a prior to distribution of the product in this section. Except for submissions supplement requiring approval from accordance with paragraph (b)(2) of this under paragraph (b)(2)(v) of this section, FDA prior to distribution of the product. section; or the following must be contained in the The supplement, if approved, may (B) Any of the information required supplement: result in the proposed change under paragraph (b)(3)(iv) of this section (A) A completed Form FDA 356V; subsequently falling within a reduced is missing. The applicant shall not (B) A detailed description of the reporting category because the use of the distribute the product until FDA proposed change; protocol for that type of change reduces determines that compliance with this (C) The product(s) involved; the potential risk of an adverse effect. section is achieved. (D) The manufacturing site(s) or (3) Changes requiring submission of a (vi) The agency may designate a area(s) affected; supplement at least 30 days prior to category of changes for the purpose of (E) A description of the methods used distribution of the product made using providing that, in the case of a change and studies performed to evaluate the the change (moderate changes). (i) A in such category, the holder of an effect of the change on the identity, supplement must be submitted for any approved application may commence strength, quality, purity, or potency of change in the product, production distribution of the drug product the product as these factors may relate process, quality controls, equipment, or involved upon receipt by the agency of to the safety or effectiveness of the facilities that has a moderate potential a supplement for the change. The product (validation); to have an adverse effect on the identity, information listed under paragraph (F) The data derived from such strength, quality, purity, or potency of (b)(2)(iii) of this section must be studies; the product as these factors may relate contained in the supplement. The (G) Appropriate documentation (for to the safety or effectiveness of the supplement must be labeled example, updated master batch records, product. ‘‘Supplement—Changes Being specification sheets) including (ii) These changes include, but are not Effected.’’ These changes include, but previously approved documentation limited to: are not limited to: (with the changes highlighted) or (A) A change in the container closure (A) Addition to a specification or references to previously approved system that does not affect the quality changes in the methods or controls to documentation; of the final new animal drug product; provide increased assurance that the (H) For a natural product, a and new animal drug will have the recombinant DNA-derived protein/ (B) Changes solely affecting a natural characteristics of identity, strength, polypeptide product, or a complex or product, a recombinant DNA-derived quality, purity, or potency that it conjugate of a drug with a monoclonal protein/polypeptide product or a purports or is represented to possess; antibody, relevant validation protocols complex or conjugate of a new animal and must be provided in addition to the drug with a monoclonal antibody, (B) A change in the size and/or shape requirements in paragraphs (b)(2)(iii)(E) including: of a container for a nonsterile drug and (b)(2)(iii)(F) of this section; (1) An increase or decrease in product, except for solid dosage forms, (I) For sterilization process and test production scale during finishing steps without a change in the labeled amount methodologies, relevant validation that involves new or different of product from one container closure protocols must be provided in addition equipment; and system to another; to the requirements in paragraphs (2) Replacement of equipment with (vii) If the agency disapproves the (b)(2)(iii)(E) and (b)(2)(iii)(F) of this that of similar, but not identical, design supplemental application submitted section; and operating principle that does not under paragraph (b)(3) of this section, it

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Changes in the product, production involved; and (3) Prescription drug labeling not process, quality controls, equipment, or (A) A statement by the holder of the requiring an approved supplemental facilities that have a minimal potential approved application that the effects of application is submitted in accordance to have an adverse effect on the identity, the change have been validated; with § 514.80(b)(3)(ii).1 strength, quality, purity, or potency of (B) A full description of the (D) Any other changes in labeling, the product as these factors may relate manufacturing and controls changes, except ones described in paragraph to the safety or effectiveness of the including the manufacturing site(s) or (c)(3) of this section. product must be documented by the area(s) involved; (ii) The applicant must obtain applicant in the annual report to the (C) The date each change was made; approval of the supplement from FDA application in accordance with (D) Cross reference to relevant prior to distribution of the product. The paragraph (a)(2)(ii) of this section. The validation protocols and/or SOP’s; supplement must contain the following: report shall be labeled ‘‘Minor Changes (E) Relevant data from studies and (A) A completed Form FDA 356V; and Stability Report.’’ tests performed to evaluate the effect of (B) A detailed description of the (ii) These changes include but are not the change on the identity, strength, proposed change; limited to: quality, purity, or potency of the (C) The product(s) involved; (A) Any change made to comply with product as these factors may relate to (D) The manufacturing site(s) or an official compendium that is the safety or effectiveness of the product area(s) affected; consistent with FDA requirements and (validation); (E) The data derived from studies; provides increased assurance that the (F) Appropriate documentation (for (F) A claim for categorical exclusion new animal drug will have the example, updated master batch records, under § 25.30 or § 25.33 of this chapter characteristics of identity, strength, specification sheets, etc.) including or an environmental assessment under quality, purity, or potency that it previously approved documentation § 25.40 of this chapter; and purports or is represented to possess; (with the changes highlighted) or (G) Any other information as directed (B) The deletion or reduction of an references to previously approved by FDA. ingredient intended to affect only the documentation; and (3) Labeling changes to be placed into color of the product; (G) Updated stability data generated effect prior to receipt of a written notice (C) Replacement of equipment with on commercial or production batches of approval of a supplemental that of the same design and operating according to an approved stability application. (i) Labeling changes of the principles except for equipment used protocol. following kinds that increase the with a natural product, a recombinant (c) Labeling and other changes to an assurance of product safety proposed in DNA-derived protein/polypeptide approved application—(1) General supplemental applications must be product, or a complex or conjugate of a provisions. The applicant must notify placed into effect immediately: new animal drug with a monoclonal FDA about each change in each (A) The addition to package labeling, antibody; condition established in an approved promotional labeling, or prescription (D) A change in the size and/or shape application beyond the variations new animal drug advertising of of a container containing the same already provided for in the application. additional warning, contraindication, number of dosage units for a nonsterile The notice is required to describe the side effect, and precaution information; solid dosage form, without a change change fully. (B) The deletion from package from one container closure system to (2) Labeling changes requiring the labeling, promotional labeling, or drug another; submission and approval of a advertising of false, misleading, or (E) A change within the container supplement prior to distribution of the unsupported intended uses or claims for closure system for a nonsterile new product made using the change (major effectiveness; and animal drug product, based upon changes). (i) Addition of intended uses, (C) Any other changes as directed by showing of equivalency to the approved changes to labeling, and prescription FDA. system under a protocol approved in the new animal drug mailing/promotional (ii) Labeling changes (for example, application or published in an official pieces require a supplement. These design and style) that do not decrease compendium; changes include, but are not limited to: safety of product use proposed in (F) An extension of an expiration (A) Revision in labeling, such as supplemental applications may be dating period based upon full shelf-life updating information pertaining to placed into effect prior to written notice data on full production batches obtained effects, dosages, side effects, of approval from FDA of a supplemental from a protocol approved in the contraindications, which includes application. application; information headed ‘‘side effects,’’ (iii) A supplement submitted under (G) The addition, deletion, or revision ‘‘warnings,’’ ‘‘precautions,’’ and paragraph (c)(3) of this section must of an alternate analytical procedure that ‘‘contraindications,’’ except ones include the following information: provides the same or increased described in (c)(3) of this section; (A) A full explanation of the basis for assurance of the identity, strength, (B) Addition of intended use; the changes, the date on which such quality, purity, or potency of the (C) If it is a prescription new animal changes are being effected, and plainly material being tested as the analytical drug, any mailing or promotional piece marked on the mailing cover and on the procedure described in the approved used after the drug is placed on the supplement, ‘‘Supplement—Changes application; and market is labeling requiring a Being Effected’’; (H) The addition by embossing, supplemental application, unless: debossing, or engraving of a code (1) Such labeling furnishing 1 § 514.80 was proposed at 56 FR 65581, imprint to a solid oral dosage form drug directions, warnings, and information December 17, 1991.

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(B) Two sets of printed copies of any (xiii) A change permitted in advance date of a final rule based on this revised labeling to be placed in use, of approval as described under document. identified with the new animal drug § 514.8(b)(3). ADDRESSES: Written comments to the application number; and * * * * * Dockets Management Branch (HFA– (C) A statement by the applicant that 305), Food and Drug Administration, all promotional labeling and all new PART 558ÐNEW ANIMAL DRUGS FOR 5630 Fishers Lane, rm. 1061, Rockville, animal drug advertising will promptly USE IN ANIMAL FEEDS MD 20857. be revised consistent with the changes FOR FURTHER INFORMATION CONTACT: made in the labeling on or within the 12. The authority citation for 21 CFR part 558 continues to read as follows: Patricia M. Cricenti, Center for Devices new animal drug package no later than and Radiological Health (HFZ–480), upon approval of the supplemental Authority: 21 U.S.C. 360b, 371. Food and Drug Administration, 9200 application. Corporate Blvd., Rockville, MD 20850, (iv) If the supplemental application is § 558.5 [Amended] 301–594–1287. not approved, FDA may order the 13. Section 558.5 New animal drug SUPPLEMENTARY INFORMATION: manufacturer to cease distribution of the requirements for liquid Type B feeds is drug under the proposed labeling. amended in paragraph (e) by removing I. Regulatory Authorities (4) Changes providing for additional ‘‘514.8(d) and (e)’’ and by adding in its The Federal Food, Drug, and Cosmetic distributors to be reported under place ‘‘514.8(c)(3)’’. Act (the act) (21 U.S.C. 301 et. seq.), as Records and reports concerning amended by the Medical Device experience with new animal drugs for Dated: June 23, 1999. Amendments of 1976 (the 1976 which an approved application is in Margaret M. Dotzel, amendments) (Public Law 94–295), the effect (§ 514.80)2. Supplemental Acting Associate Commissioner for Policy. Safe Medical Devices Act of 1990 (the applications as described under [FR Doc. 99–25493 Filed 9–30–99; 8:45 am] SMDA) (Public Law 101–629), and the paragraph (c)(2) of this section will not BILLING CODE 4160±01±F Food and Drug Administration be required for an additional distributor Modernization Act of 1997 (FDAMA) to distribute a drug that is the subject of (Public Law 105–115) established a an approved new animal drug DEPARTMENT OF HEALTH AND comprehensive system for the regulation application if the conditions described HUMAN SERVICES of medical devices intended for human under § 514.80(a)(2), (b)(3), and use. Section 513 of the act (21 U.S.C. (b)(5)(iii) are met. Food and Drug Administration (d) Patent information. The applicant 360c) established three categories 21 CFR Part 880 shall comply with the patent (classes) of devices, depending on the information requirements under section [Docket No. 99N-2099] regulatory controls needed to provide 512(c)(3) of the act. reasonable assurance of their safety and (e) Claimed exclusivity. If an General Hospital and Personal Use effectiveness. The three categories of applicant claims exclusivity under Devices; Classification of the devices are class I (general controls), section 512(c)(2)(F) of the act upon Subcutaneous, Implanted, class II (special controls), and class III approval of a supplemental application Intravascular Infusion Port and (premarket approval). Under the 1976 for a change in its previously approved Catheter and the Percutaneous, amendments, class II devices were new animal drug product, the applicant Implanted, Long-term Intravascular defined as those devices for which there shall include such a statement. Catheter is insufficient information to show that (f) Good laboratory practice for general controls themselves will ensure AGENCY: Food and Drug Administration, nonclinical laboratory studies. A safety and effectiveness, but for which HHS. supplemental application that contains there is sufficient information to nonclinical laboratory studies shall ACTION: Proposed rule. establish performance standards to include, with respect to each provide such assurance. SUMMARY: The Food and Drug The SMDA broadened the definition nonclinical study, either a statement Administration (FDA) is proposing to that the study was conducted in of class II devices to mean those devices classify the subcutaneous, implanted, for which there is insufficient compliance with the requirements set intravascular (IV) infusion port and forth in part 58 of this chapter, or, if the information to show that general catheter, and the percutaneous, controls themselves will assure safety study was not conducted in compliance implanted, long-term catheter intended with such regulations, a brief statement and effectiveness, but for which there is for repeated vascular access into class II sufficient information to establish of the reason for the noncompliance. (special controls). The agency is also 11. Section 514.106 is amended by special controls to provide such publishing the recommendations of removing paragraph (b)(1)(xiv) and by assurance. Special controls may include FDA’s General Hospital and Personal revising paragraphs (b)(1)(vi) and performance standards, postmarket Use Devices Panel (the panel) regarding (b)(1)(xiii) to read as follows: surveillance, patient registries, the classification of these devices. After development and dissemination of § 514.106 Approval of supplemental considering public comments on the guidelines, recommendations, and any applications. proposed classification, FDA will other appropriate actions the agency * * * * * publish a final regulation classifying deems necessary (section 513(a)(1)(B) of (b) * * * these devices. This action is being taken the act). (1) * * * to establish sufficient regulatory Under section 513 of the act, devices (vi) A change in promotional material controls that will provide reasonable that were in commercial distribution for a prescription new animal drug not assurance of the safety and effectiveness before May 28, 1976 (the date of exempted by § 514.8(c)(2)(i)(C)(3). of these devices. enactment of the 1976 amendments), * * * * * DATES: Written comments by December generally referred to as preamendment 30, 1999. See section IX of this devices, are classified after FDA has met 2 See footnote 1. document for the proposed effective the following three requirements: (1)

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FDA has received a recommendation the port at the time of device placement. health associated with the use of the from a device classification panel (an The device is available in various devices: FDA advisory committee); (2) FDA has profiles and sizes and can be of a single A. Infection published the panel’s recommendation or multiple lumen design. for comment, along with a proposed (2) A percutaneous, implanted, long- Infection is the most significant regulation classifying the device; and (3) term intravascular catheter is a device complication associated with the use of FDA has published a final regulation that consists of a slender tube and any venous access devices. Infection occurs classifying the device. FDA has necessary connecting fittings, such as in 5 to 30 percent of the patients classified most preamendment devices luer hubs, and accessories that facilitate implanted with the device, depending under these procedures. Devices that the placement of the device, such as a on the patient’s diagnosis, the type of were not in commercial distribution stylet or guide wire. The device allows device used, and the criteria used to prior to May 28, 1976, generally referred for repeated access to the vascular establish the presence of an infection to as postamendment devices, are system for long-term use of 30 days or (Refs. 4 through 7 and 13 through 24). classified automatically by statute more for administration of fluids, B. Occlusion (section 513(f) of the act) into class III medications, and nutrients; the without any FDA rulemaking process. sampling of blood; and the monitoring Occlusion may result from clot Those devices remain in class III and of blood pressure and temperature. The formation inside the lumen of the require premarket approval, unless and device may be made of metal, rubber, catheter, precipitate formation inside until FDA issues an order finding the plastic, composite materials, or any the port or catheter from incompatible device to be substantially equivalent, combination of these materials and may drugs, or from catheter tip placement under section 513(i) of the act, to a be of single or multiple lumen design. against a vein wall or valve. An predicate device that does not require occluded catheter lumen may lead to premarket approval. The agency III. Recommendations of the Panel infection, thromboembolism, and determines whether new devices are During a public meeting held on propagation of the clot, which may substantially equivalent to previously March 11, 1996, the panel unanimously cause venous thrombosis. Proper offered devices by means of premarket recommended that the subcutaneous, flushing techniques can prevent some notification procedures in section 510(k) implanted, IV infusion port and catheter causes of occlusion, and thrombolytic of the act (21 U.S.C. 360(k)) and 21 CFR and the percutaneous, implanted, long- therapy can successfully clear most part 807 of the regulations. A term IV catheter be classified into class catheter occlusions (Refs. 11 through 13 preamendment device that has been II (special controls) (Ref. 1). The panel and 17 through 24). classified into class III may be marketed, also recommended that two existing C. Thrombophlebitis by means of premarket notification FDA guidance documents, ‘‘Guidance procedures, without submission of a Thrombophlebitis occurs in 12.5 to 23 on 510(k) Submissions for Implanted premarket approval application until percent of patients implanted with the Infusion Ports’’ (Ref. 2) and ‘‘Guidance FDA issues a final regulation under devices (Refs. 5 through 11 and 20 Premarket Notification [510(k)] section 515(b) of the act (21 U.S.C. through 23). The incidence varies with Submission for Short-Term and Long- 360e(b)) requiring premarket approval. the patient population. In 1980, when other general hospital Term Intravascular Catheters’’ (Ref. 3), D. Pneumothorax and personal use devices were classified and prescription use of the devices by (45 FR 69678, October 21, 1980), FDA practitioners licensed by law to use the Pneumothorax is the presence of air was not aware that two vascular access devices (§ 801.109 (21 CFR 801.109)) be within the thoracic cavity. The devices intended for repeated vascular the special controls for the devices. incidence, secondary to procedural or access, the subcutaneous, implanted, IV IV. Summary of the Reasons for the device-related complications, is infusion port and catheter and the Recommendations believed to be up to 5 percent, percutaneous, implanted, long-term IV depending on the manner in which the catheter were preamendments devices, The panel concluded that the safety venous system is accessed (Refs. 8 and inadvertently omitted classifying and effectiveness of the subcutaneous, through 12 and 19 through 24). them. implanted, IV infusion port and catheter and the percutaneous, implanted, long- E. Other Risks to Health II. Device Identifications term IV catheter could be reasonably Less frequent complications FDA is proposing the following assured by special controls in addition associated with the use of vascular device identifications based on the to general controls. The panel also access devices include the following: panel’s recommendations (Ref. 1) and believed that sufficient information Catheter malposition; migration and the agency’s review: exists to establish special controls to inadequate anchoring; hemorrhage; (1) A subcutaneous, implanted, provide such assurance, specifically the vessel trauma, including puncture, intravascular infusion port and catheter existing premarket notification laceration and erosion of vessel and the is a device that consists of a guidances and prescription use labeling skin; catheter pinch-off (compression of subcutaneous, implanted reservoir that of the devices. the catheter between the clavicle and connects to a long-term intravascular V. Risks to Health the first rib); and drug extravasation catheter. The device allows for repeated (leakage) (Refs. 4 through 24). access to the vascular system for the After considering the panel’s infusion of fluids and medications and deliberations, as well as the published VI. Summary of Data Upon Which the the sampling of blood. The device literature and medical device reports, Recommendation is Based consists of a portal body which houses FDA has evaluated the risks to health In addition to the potential risks of a resealable septum with an outlet made associated with the use of the the subcutaneous and percutaneous of metal, plastic, or a combination of subcutaneous, implanted, IV infusion implanted vascular access systems these materials and a long-term port and catheter and the percutaneous, described in section V of this document, intravascular catheter that is either implanted, long-term IV catheter. FDA there is reasonable knowledge of the preattached to the port or attached to now believes the following are risks to benefits of the devices. Specifically,

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Clinical Data Requirements provide convenient, reliable access to The practitioner labeling section of For subcutaeous, implanted, IV the vascular system while requiring less the premarket notification guidance infusion port and catheters and maintenance than alternative vascular documents can help control the risks of percutaneous, implanted, long-term IV access devices, and they improve the infection; occlusion; thrombophlebitis; catheters that appear to be significantly quality of life of patients (Refs. 8 pneumothorax; catheter malposition, different from devices already on the through 11, 18 through 20, and 24). migration and improper/or inadequate market, the clinical data section of the Based on the available information, anchoring; catheter pinch-off; drug premarket guidance documents can help FDA believes that existing premarket extravasation; and septum leakage by control the risks to health associated notification guidance documents are having the manufacturer provide with the use of the devices by assuring adequate special controls capable of information on the following: (1) that these devices are safe and effective providing reasonable assurance of the Indications for use, including patient for their intended uses. safety and effectiveness of the and device selection; (2) F. Sterilization Procedures and Labeling subcutaneous, implanted, IV infusion contraindications for use in patients port and catheter and the percutaneous, with known or suspected infections, Adherence to sterilization procedures implanted, long-term IV catheter with allergies, and intolerance to implant and labeling section of the premarket regard to the identified risks to health of materials; (3) warnings and precautions; notification guidances can help control these devices. The panel also (4) identification, prevention, and the risk of infection by guarding against recommended including the treatment of complications; (5) the implantation of an unsterile device prescription statement (§ 801.109) as a directions for use, including preparation and providing information on the special control. Because the prescription of the patient, preparation of the device, proper maintenance of an implanted statement is already required by site selection, implant procedure, device. § 801.109, FDA believes it is postoperative care, and different use VIII. Proposed Classification unnecessary to list prescription labeling applications (bolus infusion, continuous as a separate special control for these infusion, blood sampling, and FDA concurs with the panel’s devices. monitoring of blood pressure and recommendations that the VII. Special Controls temperature). subcutaneous, implanted, IV infusion port and catheter and the percutaneous, In addition to general controls, FDA B. Patient Labeling implanted, long-term IV intended for agrees with the panel that the identified The patient labeling section of the repeated vascular access should be premarket notification guidance premarket notification guidance classified into class II (special controls). documents ‘‘Guidance on 510(k) documents can help control the risks of FDA believes that the special controls Submissions for Implanted Infusion infection; occlusion; thrombophlebitis; described in section VII of this Ports’’ (Ref. 2) and ‘‘Guidance on 510(k) pneumothorax; catheter malposition, document, in addition to general Submission for Short-Term and Long- migration and improper anchoring; controls, would provide reasonable Term Intravascular Catheters’’ (Ref. 3) catheter pinch-off; drug extravasation; assurance of the safety and effectiveness are appropriate special controls to septum leakage; vessel trauma, of the devices, and there is sufficient address the risks to health described in including puncture, laceration and information to establish special controls section V of this document. The erosion of vessel; and erosion of the skin to provide such assurance. premarket notification guidance by having the manufacturer provide IX. Effective Date documents address the following: (1) prospective patients information on the Practitioner labeling, (2) patient following: (1) Device description and FDA proposes that any final rule that labeling, (3) biocompatibility testing, (4) use; (2) implantation procedure; (3) care may issue based on this proposal mechanical testing, (5) clinical data of the implant site; and (4) become effective 30 days after its requirement, and (6) sterilization minimization, recognition, and publication in the Federal Register. procedures. treatment of complications. In order to receive these guidance X. Environmental Impact documents via your fax machine, call C. Biocompatibility Testing The agency has determined under 21 the CDRH Facts-On-Demand (FOD) Adherence to the biocompatibility CFR 25.34(b) that this action is of a type system at 800-899-0381 or 301-827-0111 testing section of the premarket that does not individually or from a touch-tone telephone. At the first notification guidance documents can cumulatively have a significant effect on voice prompt press 1 to access DSMA control the risk of adverse tissue the human environment. Therefore, Facts, at second voice prompt press 2, reaction by having the manufacturer neither an environmental assessment and then enter the document number demonstrate that the patient contacting nor an environmental impact statement followed by the pound sign (#). For materials of the subcutaneous, is required. ‘‘Guidance on 510(k) Submissions for implanted, IV infusion port and XI. Analysis of Impacts Implanted Infusion Ports,’’ the catheter, and the percutaneous, document number is 392. For implanted, long-term IV catheter are FDA has examined the impacts of the ‘‘Guidance on Premarket Notification safe for long-term implantation. proposed rule under Executive Order [510(k)] Submission for Short-Term and 12866 and the Regulatory Flexibility Act Long-Term Intravascular Catheters,’’ the D. Mechanical Testing (5 U.S.C. 601–612) (as amended by document number is 824. Then follow Adherence to the mechanical testing subtitle D of the Small Business the remaining voice prompts to section of the premarket guidance Regulatory Fairness Act of 1996 (Public complete your request. documents can help control the risk of Law 104–121), and the Unfunded Persons interested in obtaining a copy erosion of the blood vessel and the skin; Mandates Reform Act of 1995 (Public of the draft guidances may also do so catheter occlusion and migration; Law 104–4)). Executive Order 12866 using the World Wide Web (WWW). leaking catheter to catheter and/or directs agencies to assess all costs and The CDRH home page may be accessed catheter to port connections; and benefits of available regulatory at ‘‘http://www.fda.gov/cdrh’’. septum and port leakage. alternatives and, when regulation is

VerDate 22-SEP-99 11:06 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\A01OC2.025 pfrm01 PsN: 01OCP1 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Proposed Rules 53297 necessary, to select regulatory Long-Term Intravascular Catheters,’’ FDA, Venous Access,’’ Western Journal of approaches that maximize net benefits March 1995. Medicine, 160:25–30, 1994. (including potential economic, 4. Abi-Nader, J., ‘‘Peripherally Inserted 21. Morris, P., R. Buller, S. Kendall, and B. environmental, public health and safety, Central Venous Catheters in Critical Care Anderson, ‘‘A Peripherally Implanted Patients,’’ Heart & Lung, 22:428–433, 1993. and other advantages; distributive Permanent Central Venous Access Device,’’ 5. Aitken, D., and J. Minton, ‘‘The ‘Pinch- Obstetrics & Gynecology, 78:1138–1142, impacts; and equity). The agency Off Sign’: A Warning of Impending Problems 1991. believes that this proposed rule is With Permanent Subclavian Catheters,’’ 22. Reed, W. P., K. A. Newman, and J. C. consistent with the regulatory American Journal of Surgery, 148:633–636, Wade, ‘‘Choosing an Appropriate philosophy and principles identified in 1984. Implantable Device for Long-Term Venous the Executive Order. In addition, the 6. Broviac, J.W., J. J. Cole, and B. A. Access,’’ European Journal of Cancer Clinical proposed rule is not a significant Scribner, ‘‘A Silicone Rubber Atrial Catheter Oncology, 25:1383–1391, 1989. regulatory action as defined by the for Prolonged Parenteral Alimentation,’’ 23. Ryder, M. A., ‘‘Peripherally Inserted Executive Order and so is not subject to Surgery, Gynecology and Obstetrics, Central Venous Catheters,’’ Nursing Clinics of 136:602–606, 1973. North America, 28:937–971, 1993. review under the Executive Order. 7. Brown, J., ‘‘Peripherally Inserted Central The Regulatory Flexibility Act 24. Scott, W. L., ‘‘Complications Catheters—Use in Home Care,’’ Journal of Associated with Central Venous Catheters,’’ requires agencies to analyze regulatory Intravenous Nursing, 12:144–150, 1989. Chest, 94:1221–1224, 1988. options that would minimize any 8. Camp-Sorrell, D., ‘‘Implantable Ports,’’ significant impact of a rule on small Journal of Intravenous Nursing, 15:262–273, List of Subjects in 21 CFR Part 880 entities. As unclassified devices, these 1992. Medical devices. devices are already subject to premarket 9. Chathas, M. K., J. B. Paton, and D. E. Therefore, under the Federal Food, notification and the general labeling Fisher, ‘‘Percutaneous Central Venous Catherization,’’ American Journal of Diseases Drug, and Cosmetic Act and under provisions of the act. FDA, therefore, authority delegated to the Commissioner believes that classification in class II of Children, 144: 1246–1250, 1990. 10. Girvan, D. P., L. L. deVeber, M. J. of Food and Drugs, FDA proposes to with premarket notification guidance Inwood, and E. A. Clegg, ‘‘Subcutaneous amend part 880 to read as follows: and labeling guidance as special Infusion Ports in the Pediatric Patient with controls will impose no significant Hemophilia,’’ Journal of Pediatric Surgery, PART 880ÐGENERAL HOSPITAL AND economic impact on any small entities. 29:1220–1223, 1994. PERSONAL USE DEVICES The Commissioner therefore certifies 11. Harvey, M. P., R. J. Trent, D. E. Joshua, that this proposed rule, if issued, will G. Ramsey-Stewart, D.W. Storey, and M. 1. The authority citation for 21 CFR not have a significant economic impact Kronenberg, ‘‘Complications Associated with part 880 continues to read as follows: Indwelling Venous Hickman Catheters in on a substantial number of small Authority: 21 U.S.C. 351, 360, 360c, 360e, Patients with Hematological Disorders,’’ entities. In addition, this proposed rule 360j, 371. Australian and New Zealand Journal of will not impose costs of $100 million or Medicine, 16:211–215, 1986. 2. Section 880.5965 is added to more on either the private sector or 12. Hickman, R. O., C. D. Buckner, and R. subpart F to read as follows: State, local, and tribal governments in A. Clift, ‘‘A Modified Right Atrial Catheter the aggregate, and therefore a summary for Access to the Venous System in Marrow § 880.5965 Subcutaneous, implanted, statement or analysis under section Transplant Recipients,’’ Surgery, Gynecology intravascular infusion port and catheter. 202(a) of the Unfunded Mandates and Obstetrics, 148:871–875, 1979. (a) Identification. A subcutaneous, Reform Act of 1995 is not required. 13. Hoppe, B., ‘‘Central Venous Catheter- implanted, intravascular infusion port related Infections: Pathogenesis, Predictors, and catheter is a device that consists of XII. Submission of Comments and Prevention,’’ Heart & Lung, 24:333–339, a subcutaneous, implanted reservoir Interested persons may, on or before 1995. 14. International Standards that connects to a long-term December 30, 1999, submit to the Organization (ISO) 1055-1, Sterile, intravascular catheter. The device Dockets Management Branch (address Single Use Intravascular Catheter, Part allows for repeated access to the above) written comments regarding this 2: Central Venous Catheters. vascular system for the infusion of proposal. Two copies of any comments 15. Kahn, M. L., R. Barboza, G. A. Kling, fluids and medications and the are to be submitted, except that and J. E. Heisel, ‘‘Initial Experience with sampling of blood. The device consists individuals may submit one copy. Percutaneous Placement of the PAS Port of a portal body with a resealable Comments are to be identified with the Implantable Venous Access Device,’’ Journal septum and outlet made of metal, docket number found in brackets in the of Vascular and Interventional Radiology, plastic, or combination of these heading of this document. Received 3:459–461, 1992. materials and a long-term intravascular comments may be seen in the office 16. Laffer, U., M. During, H. R. Bloch, and J. Landmann, ‘‘Surgical Experiences with 191 catheter is either preattached to the port above between 9 a.m. and 4 p.m., or attached to the port at the time of Monday through Friday. Implanted Venous Port-a-Cath Systems,’’ Cancer Research, 121:189–197, 1991. device placement. The device is XIII. References 17. Lawson, M., ‘‘Partial Occlusion of available in various profiles and sizes Indwelling Central Venous Catheters,’’ and can be of a single or multiple lumen The following references have been Journal of Intravenous Nursing, 14:157–159, design. placed on display in the Dockets 1991. (b) Classification. Class II (special Management Branch (address above) 18. Lokich, J. J., A. Bothe, P. Benotti, and controls) Guidance Document: and may be seen by interested persons C. Moore, ‘‘Complications and Management ‘‘Guidance on 510(k) Submissions for between 9 a.m. and 4 p.m., Monday of Implanted Venous Access Catheters,’’ Implanted Infusion Ports.’’ Journal of Clinical Oncology, 3:710–717, through Friday: 3. Section 880.5970 is added to 1. General Hospital and Personal Use 1985. Devices Panel, thirtieth meeting, transcript, 19. McKee, J., ‘‘Future Dimensions in subpart F to read as follows: March 11, 1996. Vascular Access,’’ Journal of Intravenous § 880.5970 Percutaneous, implanted, long- 2. ‘‘Guidance on 510(k) Submissions for Nursing, 14:387–393, 1991. term intravascular catheter. Implanted Infusion Ports,’’ FDA, October 20. Merrell, S. W., B. G. Peatross, M. D. 1990. Grossman, J. J. Sullivan, and W. G. Harker, (a) Identification. A percutaneous, 3. ‘‘Guidance Premarket Notification ‘‘Peripherally Inserted Central Venous implanted, long-term intravascular [510(k)] Submission for Short-Term and Catheter: Low-risk Alternatives for Ongoing catheter is a device that consists of a

VerDate 22-SEP-99 11:06 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\A01OC2.025 pfrm01 PsN: 01OCP1 53298 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Proposed Rules slender tube and any necessary DATES: MMS will consider all comments The May 6, 1976, Memorandum of connecting fittings, such as luer hubs, we receive by November 30, 1999. We Understanding and accessories that facilitate the will begin reviewing comments then A May 6, 1976, MOU between DOI placement of the device. The device and may not fully consider comments and DOT, MMS regulated oil and gas allows for repeated access to the we receive after November 30, 1999. pipelines located upstream of the vascular system for long-term use of 30 ADDRESSES: Mail or hand-carry ‘‘outlet flange’’ of each facility where days or more, and it is intended for comments to the Department of the produced hydrocarbons were first administration of fluids, medications, Interior; Minerals Management Service; separated, dehydrated, or otherwise and nutrients; the sampling of blood; Mail Stop 4020; 381 Elden Street; processed. A result of this arrangement and monitoring blood pressure and Herndon, Virginia 20170–4817; was that downstream (generally temperature. The device may be Attention: Rules Processing Team. shoreward) of the first production constructed of metal, rubber, plastic, Mail or hand-carry comments with platform where processing takes place, composite materials, or any respect to the information collection DOT-regulated pipelines crossed MMS- combination of these materials and may burden of the proposed rule to the regulated facilities. Because of be of single or multiple lumen design. Office of Information and Regulatory incompatible regulatory requirements, (b) Classification. Class II (special Affairs; Office of Management and this arrangement was not satisfactory for controls) Guidance Document: Budget; Attention: Desk Officer for the either agency. ‘‘Guidance on Premarket Notification Department of the Interior (OMB control [510(k)] Submission for Short-Term and number 1010–NEW); 725 17th Street, The December 10, 1996, Memorandum Long-Term Intravascular Catheters.’’ N.W., Washington, D.C. 20503. of Understanding Dated: September 24, 1999. FOR FURTHER INFORMATION CONTACT: Carl In the summer of 1993, MMS and Linda S. Kahan, W. Anderson, Operations Analysis DOT’s Research and Special Programs Deputy Director for Regulations Policy, Center Branch, at (703) 787–1608; e-mail Administration (RSPA) renewed their for Devices and Radiological Health. [email protected]. negotiations that resulted in the MOU of [FR Doc. 99–25554 Filed 9–30–99; 8:45 am] SUPPLEMENTARY INFORMATION: December 1996. In May 1995, MMS and RSPA published a Federal Register BILLING CODE 4160±01±F Background Notice proposing to revise the 1976 MMS, through delegations from the MOU and scheduling a public meeting DEPARTMENT OF THE INTERIOR Secretary of the Interior, has authority to on the proposal (60 FR 27546–27552). issue and enforce rules to promote safe Under the MOU, as proposed in the Minerals Management Service operations, environmental protection, joint notice: and resource conservation on the Outer The DOI area of responsibility will extend 30 CFR Part 250 Continental Shelf (OCS). (The Outer from producing wells to 50 meters (164 feet) Continental Shelf Lands Act (43 U.S.C. RIN 1010±AC56 downstream from the base of the departing 1331 et seq.) defines the OCS). Under pipeline riser on the last OCS production or Producer-Operated Outer Continental this authority, MMS regulates pipeline processing facility. * * * Additionally, DOI Shelf Pipelines That Cross Directly into transportation of mineral production will have responsibility for the following State Waters and rights-of-way for pipelines and pipelines: associated facilities. MMS approves all a. That portion of a pipeline otherwise AGENCY: Minerals Management Service OCS pipeline applications, regardless of subject to DOT responsibility that crosses an (MMS), Interior. whether a pipeline is built and operated OCS production or processing facility from 50 meters upstream of the base of the ACTION: Proposed rule. under Department of the Interior (DOI) incoming riser to 50 meters downstream of or Department of Transportation (DOT) the base of the [departing] riser. * ** SUMMARY: This proposed rule would regulatory requirements. MMS also has clarify some unresolved regulatory sole authority to grant rights-of-way for Succeeding paragraphs described issues involving the 1996 memorandum OCS pipelines. MMS administers the various other arrangements involving of understanding on Outer Continental following laws as they relate to OCS the 50-meter regulatory boundary. The Shelf pipelines between the pipelines: notice included an illustrated appendix Departments of the Interior and (1) the Federal Oil and Gas Royalty to assist readers in interpreting various Transportation. It would primarily Management Act of 1982 (FOGRMA) for situations under which either DOI or address producer-operated pipelines oil and gas production measurement, DOT regulatory responsibility would that do not connect to a transporting and apply. operator’s pipeline on the OCS before (2) the Federal Water Pollution Commenters on the May 1995 notice crossing into State waters. It is Control Act, as amended by the Oil found the proposed 50-meter regulatory complementary to the final rule Pollution Act and implemented under boundary to be unsatisfactory for two published on August 17, 1998, that Executive Order (E.O.) 12777. (Under a reasons. First, the boundary was not tied addressed producer-operated oil or gas February 3, 1994, Memorandum of to an identifiable valve or other device pipelines that connect to transporting Understanding (MOU) to better define that could isolate any pipeline segment operators’ pipelines on the Outer their responsibilities under the Oil under consideration. Second, the Continental Shelf. The proposed rule Pollution Act, DOI, DOT, and the U.S. boundary was submerged and also would set up procedures for Environmental Protection Agency inaccessible to both operators and the producer and transportation pipeline divided their responsibilities for oil regulatory agencies. operators to get permission to operate spill prevention and response according MMS and RSPA soon agreed to ask a under either MMS or Department of to the definition of ‘‘coastline’’ in the joint industry workgroup representing Transportation regulations governing Submerged Lands Act, 43 U.S.C. 1301(c) OCS oil and natural gas producers and pipeline design, construction, operation, (59 FR 9494–9495).) Nothing in this rule transmission pipeline operators to and maintenance according to their will affect MMS’s authority under either recommend a solution for defining operating circumstances. FOGRMA or the Oil Pollution Act. regulatory boundaries.

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In May 1996, the joint industry Operators may also petition DOI and without first connecting to a workgroup, led by the American DOT for exceptions to this MOU.’’ transporting operator’s facility, we have Petroleum Institute (API), proposed that determined for this proposal that The Purpose of This Rule the agencies rely upon individual pipeline segments upstream (generally operators of production and The rule would amend 30 CFR Part seaward) of the last valve on the last transportation facilities to agree upon 250, Subpart J—Pipelines and Pipeline OCS production facility should be the boundaries of their facilities. This Rights-of-Way, § 250.1000, ‘‘General operated under DOI regulatory was based on the reasoning that Requirements,’’ and § 250.1001, responsibility. DOI’s regulatory producers and transporters can best ‘‘Definitions.’’ It has three purposes: responsibility would include the last make these decisions because of their 1. To address questions about valve on the last production facility and knowledge of the operating producer-operated pipelines that cross any related safety equipment, such as characteristics peculiar to each facility. the Federal/State boundary (the ‘‘OCS/ pressure safety-high and pressure safety- MMS and RSPA agreed with the State boundary’’) without first low (PSHL) sensors. Under this new industry proposal. connecting to a transporting operator’s interpretation, DOT would have Section I, ‘‘Purpose,’’ of the resulting facility on the OCS. regulatory responsibility for the pipeline MOU of December 10, 1996, concludes: 2. To clarify the status of producer- segments shoreward of the last valve. ‘‘This MOU puts, to the greatest extent operated pipelines connecting For all of these downstream pipeline practicable, OCS production pipelines production facilities on the OCS. segments, DOT would have authority to under DOI responsibility and OCS 3. To set up a procedure that OCS inspect upstream safety equipment transportation pipelines under DOT operators can use to petition to have (including valves, over-pressure responsibility.’’ Thus, MMS will have their pipelines regulated as either DOI protection devices, cathodic protection primary regulatory responsibility for or DOT facilities. equipment, and pigging devices, etc.) We published our first Notice of producer-operated facilities and that may serve to protect the integrity of Proposed Rulemaking (NPR) to pipelines on the OCS, while RSPA will the DOT-regulated pipeline segments. implement the December 1996 MOU on have primary regulatory responsibility For any OCS pipeline segment that October 2, 1997 (62 FR 51614–51618). for transporter-operated pipelines and DOT has determined to be ‘‘DOT non- In response to the NPR, we received associated pumping or compressor jurisdictional,’’ the OCS portion of the comments from Chevron U.S.A. facilities. Producing operators are pipeline would be subject to MMS Production Company and Chevron Pipe regulation, and the portion of the companies that extract and process Line Company. They stated that the pipeline that lies in State waters would hydrocarbons on the OCS. Transporting proposed rule did not appear to allow be under State jurisdiction. operators are companies that transport OCS producer-operated pipelines to If a producer-operated pipeline has a those hydrocarbons from the OCS. remain under DOT regulatory subsea valve located on the OCS and (There are about 130 designated responsibility. This was because both shoreward of the last OCS production operators of producer-operated the 1996 MOU and the NPR: facility, the operator may choose that pipelines and 75 operators of 1. Described boundaries in terms of valve as the boundary between DOI and transportation pipelines on the OCS.) points on pipelines where operating DOT regulatory responsibility. MMS and RSPA published the 1996 responsibility transfers from a Under this proposed rule, producer MOU in a Federal Register notice on producing operator to a transporting pipelines upstream (generally seaward) February 14, 1997 (62 FR 7037–7039). operator. of the last valve on the OCS and any The 1996 MOU redefines the DOI– 2. Did not address the producer- related safety equipment, such as PSHL DOT regulatory boundary from the OCS operated pipelines that cross the OCS/ sensors, would be regulated under DOI facility where hydrocarbons are first State boundary into State waters (MMS) regulations consistent with the separated, dehydrated, or processed to without first connecting to a transporter- MOU. Paragraph (c)(6) under § 250.1000 the point at which operating operated facility. in the proposed rule addresses responsibility for the pipeline transfers 3. Did not address producer lines that producer-operated pipelines that cross from a producing operator to a flow from wells in State waters to directly into State waters without first transporting operator. Although the production platforms on the Federal connecting to a transporter-operated MOU does not address the question of OCS. pipeline. producer-operated pipelines that cross Without this revision, all such the Federal/State boundary without first Regulating Producer-Operated pipelines would remain subject to DOT connecting to a transportation pipeline, Pipelines regulations for design, construction, it states that the two departments intend Valves are the principal means of operation, and maintenance. This to put producer-operated pipelines isolating one segment of a pipeline from includes about 35 producers in Gulf of under DOI regulation and transporter- another. Thus, a valve location is the Mexico (GOM) OCS waters and 10 operated lines under DOT regulation. best place to establish a regulatory producers in California OCS waters. Moreover, the MOU includes the boundary for a pipeline that crosses two This would be contrary to the intent of flexibility to cover situations that do not jurisdictions. By contrast, a purely the API-industry agreement and the correspond to the general definition of geographic boundary—such as the OCS/ MOU, which is for DOI to regulate the regulatory boundary as ‘‘the point at State boundary—does not allow for the producer-operated pipelines and DOT to which operating responsibility transfers isolation of conditions from one side of regulate transporter-operated pipelines. from a producing operator to a the boundary to the other and is Several pipeline operators have transporting operator.’’ Paragraph 7 therefore not as desirable as a valve for expressed confusion because MMS and under ‘‘Joint Responsibilities’’ in the establishing a regulatory boundary. Still, RSPA did not apply the policies of the MOU provides: ‘‘DOI and DOT may, in many cases it is unavoidable that a MOU to all pipelines in their previous through their enforcement agencies and geographic boundary will serve as the rulemakings. DOT-regulated pipelines in consultation with the affected parties, regulatory boundary. are still crossing MMS-regulated agree to exceptions to this MOU on a Concerning producer-operated production facilities, causing regulatory facility-by-facility or area-by-area basis. pipelines that cross into State waters and jurisdictional confusion. (This

VerDate 22-SEP-99 11:06 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\A01OC2.002 pfrm01 PsN: 01OCP1 53300 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Proposed Rules proposal will reduce but not eliminate There may be circumstances in which much of their modification costs may be these situations.) Currently, about 215 of we would withhold from the paid to offshore service contractors who the approximately 375 pipelines rulemaking record a respondent’s may be classified as small businesses. crossing the Federal/State boundary are identity, as allowable by the law. If you Perhaps two or three operators may not being regulated according to the wish us to withhold your name and/or eventually be required to install new intent of the MOU. address, you must state this automatic shutdown valves as a result of An important principle of the prominently at the beginning of your becoming subject to MMS regulation. industry agreement leading to the MOU comment. However, we will not These few operators will sustain the was to allow, to the extent permissible, consider anonymous comments. We greatest economic impact from this rule. the operators to decide the regulatory will make all submissions from To the extent that this rule might boundaries on or near their facilities. organizations or businesses, and from eventually cause some of the relatively Therefore, under the proposed rule, individuals identifying themselves as larger OCS operators to make producer and transportation pipeline representatives or officials of modifications to their pipelines, it may operators may petition, in writing, the organizations or businesses, available have a minor beneficial effect of Regional Supervisor for permission to for public inspection in their entirety. increasing demand for the services and operate under either MMS or DOT Regulatory Planning and Review (E.O. equipment of smaller service companies regulations governing pipeline design, 12866) and manufacturers. This rule will not construction, operation, and impose any new restrictions on small maintenance according to the operating This is not a significant rule under pipeline service companies or characteristics of their pipelines. In E.O. 12866 and does not require review manufacturers, nor will it cause their considering these petitions, the Regional by the Office of Management and business practices to change. Supervisor will consult with the Budget (OMB). An analysis of the rule Your comments are important. The Regional Director of RSPA’s Office of indicates that the direct costs to Small Business and Agriculture Pipeline Safety (OPS) and the affected industry for the entire rule total Regulatory Enforcement Ombudsman parties. We have added paragraph approximately $167,000 for the first and 10 Regional Fairness Boards were (c)(12) to § 250.1000 to respond to the year, and that for succeeding years, the established to receive comments from concerns raised by Chevron. It would maximum cost of the rule to industry in small business about Federal agency allow producing operators who have any given year would not likely exceed enforcement actions. The Ombudsman been operating under DOT regulations $53,800. will annually evaluate the enforcement to ask, in writing, the MMS Regional Regulatory Flexibility Act activities and rate each agency’s responsiveness to small business. If you Supervisor for permission to continue DOI has determined that this rule will wish to comment on the enforcement operating under DOT regulations not have a significant economic effect actions of MMS, call toll-free (888) 734– governing pipeline design, construction, on a substantial number of small 3247. operation, and maintenance. The entities. While this rule will affect a Regional Supervisor will decide on a substantial number of small entities, the Small Business Regulatory Enforcement case-by-case basis whether to grant the economic effects of the rule will not be Fairness Act (SBREFA) operator’s request. significant. This rule is not a major rule under 5 Similarly, we have added paragraph The regulated community for this (c)(13) to § 250.1000 to allow U.S.C. 804(2), the SBREFA. Based on proposal consists of 35 producer- our economic analysis, this rule: transportation pipeline operators to ask, pipeline operators in the GOM and 8 in writing, the MMS Regional a. Does not have an annual effect on producer-pipeline operators in the the economy of $100 million or more. Supervisor for permission to operate Pacific OCS. Of these operators, 15 are under MMS regulations governing As indicated in our cost analysis, direct considered to be ‘‘small.’’ Of the small costs to industry for the entire proposed pipeline design, construction, operation, operators to be affected by the proposed and maintenance. In considering these rule total approximately $167,000 for rule, almost all are represented by the first year. In succeeding years, the petitions, the Regional Supervisor will Standard Industrial Classification code consult with the OPS Regional Director. cost of the rule to industry would not 1311 (crude petroleum and natural gas likely exceed $53,800 in any given year. With further regard to the matter of producers). producer-operated pipelines that cross The proposed rule will have a minor DOI’s analysis of the economic economic effect on the offshore oil and the Federal/State boundary without first impacts indicates that direct costs to connecting to a transportation pipeline, gas and transmission pipeline industry for the entire rule total industries. we have revised the definition for ‘‘DOI approximately $167,000 for the first pipelines’’ recently added to § 250.1001 b. Will not cause a major increase in year, and in succeeding years, the costs or prices for consumers, in the final rule published on August maximum cost of the rule to industry in 17, 1998 (63 FR 43876-43881). We also individual industries, Federal, State, or any given year would not likely exceed local government agencies, or have added a definition for ‘‘DOT $53,800. These annual costs would not pipelines.’’ geographic regions. persist for long, because all pipelines c. Does not have significant adverse Procedural Matters converted to MMS regulation eventually effects on competition, employment, would come into compliance with MMS investment, productivity, innovation, or Public Comment safety valve requirements. There are up the ability of U.S.-based enterprises to Our practice is to make comments, to 150 designated operators of leases compete with foreign-based enterprises. including names and home addresses of and 75 operators of transportation respondents, available for public review pipelines on the OCS (both large and Unfunded Mandates Reform Act during regular business hours. small operators), and the economic (UMRA) of 1995 Individual respondents may request that impacts on the oil and gas production This rule does not contain any we withhold their home address from and transportation companies directly unfunded mandates to State, local, or the rulemaking record, which we will affected will be minor. Not all operators tribal governments, nor would it impose honor to the extent allowable by law. affected will be small businesses, but significant regulatory costs on the

VerDate 22-SEP-99 11:06 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\FR\FM\A01OC2.003 pfrm01 PsN: 01OCP1 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Proposed Rules 53301 private sector. Anticipated costs to the The title of this collection of as three automatic shutdown valves, private sector will be far below the $100 information is ‘‘Further Implementation either in the first year or in subsequent million threshold for any year that was of Memorandum of Understanding years. In these instances, operators established by UMRA. Between the Departments of the Interior would be subject to the regulatory and and Transportation.’’ paperwork requirements in 30 CFR 250, Takings (E.O. 12630) The following are new information subpart J, on Pipelines and Pipeline DOI certifies that this rule does not collection activities in the proposed rule Rights-of-Way. The information represent a governmental action capable and estimated burden hours: collection requirements in this subpart of interference with constitutionally (1) In § 250.1000(c)(8), operators may have already been approved by OMB protected property rights. request MMS recognize valves landward under OMB control number 1010–0050. of the last production facility but still We will summarize written responses Federalism (E.O. 12612) located on the OCS as the point where to this notice and address them in the As required by E.O. 12612, the rule MMS regulatory authority begins. We final rule. All comments will become a does not have significant Federalism estimate possibly one, maybe two, such matter of public record. effects. The proposed rule does not request(s) each year with an estimated 1. We specifically solicit comments change the role or responsibilities of burden of one-half hour per request for on the following questions: Federal, State, and local governmental a total annual burden of 1 hour. (a) Is the proposed collection of entities. The rule does not relate to the (2) In § 250.1000(c)(12), producing information necessary for the proper structure and role of States and will not operators operating pipelines under performance of MMS’s functions, and have direct, substantive, or significant DOT regulatory authority may petition will it be useful? MMS to continue to operate under DOT effects on States. (b) Are the estimates of the burden upstream of the last valve on the last hours of the proposed collection Civil Justice Reform (E.O. 12988) production facility. In the first year, reasonable? nearly all producer-pipeline operators DOI has certified to OMB that this (c) Do you have any suggestions that would decide whether to automatically regulation meets the applicable civil would enhance the quality, clarity, or convert to DOI regulation or apply to justice reform standards provided in usefulness of the information to be remain under DOT regulation. We sections 3(a) and 3(b)(2) of E.O. 12988. collected? estimate that not more than 10 one-time (d) Is there a way to minimize the Paperwork Reduction Act (PRA) of 1995 requests to remain under DOT information collection burden on those regulation, with an estimated average who are to respond, including through This proposed rule involves burden of 40 hours per request. the use of appropriate automated information collection that we have Annualized over a 3-year period, this electronic, mechanical, or other forms of submitted to OMB for review and would result in 135 annual burden information technology? approval under section 3507(d) of the hours. We anticipate that in following 2. In addition, the PRA requires PRA. As part of our continuing effort to years, not more than two operators a agencies to estimate the paperwork reduce paperwork and respondent year would petition to change their ‘‘non-hour cost’’ burden to respondents burdens, MMS invites the public and regulatory status. or record keepers resulting from the other Federal agencies to comment on (3) In § 250.1000(c)(13), transportation collection of information. We have not any aspect of the reporting burden in pipeline operators operating pipelines identified any such burdens in addition this proposed rule. Submit your under DOT regulatory authority may to the ‘‘hour’’ burden cost. We solicit comments to the Office of Information also petition OPS and MMS to operate your comments if there are any that you and Regulatory Affairs, OMB; Attention: under MMS regulations governing do not consider as part of your usual Desk Officer for the Department of the pipeline design, construction, operation, and customary business practices. Interior (OMB control number 1010– and maintenance. Although we have New); Washington, D.C. 20503. Send a allowed for this possibility in the National Environmental Policy Act copy of your comments to the Rules proposed rule, we expect these would Under 516 DM 6, Appendix 10.4, Processing Team; Mail Stop 4024; 381 be rare. We estimate the burden would ‘‘issuance and/or modification of Elden Street; Herndon, Virginia 20170– be 40 hours per request. regulations’’ is considered a 4817. You may obtain a copy of the The total public reporting burden for categorically excluded action causing no supporting statement for the collection this information collection requirement significant effects on the environment of information by contacting the is estimated to be 176 annual burden and, therefore, does not require Bureau’s Information Collection hours. This includes the time for preparation of an environmental Clearance Officer at (202) 208–7744. reviewing instructions, searching assessment or impact statement. DOI The Act provides that an agency may existing data sources, and gathering the completed a Categorical Exclusion not conduct or sponsor, and a person is data. The proposed rule requires no Review (CER) for this action on March not required to respond to, a collection recordkeeping burdens. At $35 per hour, 26, 1999, and concluded: ‘‘The of information unless it displays a the annual paperwork ‘‘hour’’ burden proposed rulemaking does not represent currently valid OMB control number. would be $6,160. an exception to the established criteria OMB has up to 60 days to approve or The requirement to respond is for categorical exclusion. Therefore, disapprove this collection of mandatory in some cases and required preparation of an environmental information but may respond after 30 to obtain or retain a benefit in others. document will not be required, and days from receipt of our request. MMS uses the information to determine further documentation of this CER is not Therefore, your comments are best the demarcation where pipelines are required.’’ assured of being considered by OMB if subject to MMS design, construction, OMB receives them by November 1, operation, and maintenance Clarity of this regulation 1999. However, MMS will consider all requirements, as distinguished from E.O. 12866 requires each agency to comments received during the comment similar OPS requirements. write regulations that are easy to period for this notice of proposed Converting to DOI regulation could understand. We invite your comments rulemaking. also result in the installation of as many on how to make this proposed rule

VerDate 22-SEP-99 11:06 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\A01OC2.004 pfrm01 PsN: 01OCP1 53302 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Proposed Rules easier to understand, including answers must extend from the point where definitions for the terms ‘‘DOT to questions such as the following: hydrocarbons are first produced, pipelines,’’ and ‘‘Production facility’’ (1) Are the requirements in the rule through and including the last valve and are added in alphabetical order as clearly stated? associated safety equipment (e.g., follows: (2) Does the rule contain technical pressure safety sensors) on the last language or jargon that interfere with its production facility on the OCS. § 250.1001 Definitions. clarity? (7) Any producer operating a pipeline * * * * * (3) Does the format of the rule that connects facilities on the OCS must DOI pipelines include: (grouping and order of sections, use of comply with this subpart. (1) Producer-operated pipelines headings, paragraphing, etc.) aid or (8) Any operator of a pipeline that has extending upstream (generally seaward) reduce its clarity? a valve on the OCS downstream from each point on the OCS at which (4) Would the rule be easier to (generally landward) of the last operating responsibility transfers from a understand if it were divided into more production facility may ask in writing producing operator to a transporting (but shorter) sections? that the MMS Regional Supervisor operator; (5) Is the description of the rule in the recognize that valve as the point to (2) Producer-operated pipelines ‘‘Supplementary Information’’ section of which MMS will exercise its regulatory extending upstream (generally seaward) this preamble helpful in understanding authority. of the last valve (including associated the rule? What else can we do to make (9) A producer pipeline segment is safety equipment) on the last production the rule easier to understand? not subject to MMS regulations for facility on the OCS that do not connect Send a copy of any comments that design, construction, operation, and to a transporter-operated pipeline on the concern how we could make this rule maintenance if: OCS before crossing into State waters; easier to understand to: Office of (i) It is downstream (generally (3) Producer-operated pipelines Regulatory Affairs, Department of the shoreward) of the last valve and connecting production facilities on the Interior, Room 7229, 1849 C Street, associated safety equipment on the last OCS; N.W., Washington, D.C. 20240. You may production facility on the OCS; and (4) Transporter-operated pipelines also e-mail the comments to this (ii) It is subject to regulation under 49 that DOI and DOT have agreed are to be address: [email protected]. CFR parts 192 and 195. regulated as DOI pipelines; and (10) DOT may inspect all upstream (5) All OCS pipelines not subject to List of Subjects in 30 CFR Part 250 safety equipment (including valves, regulation under 49 CFR parts 192 and Continental shelf, Environmental over-pressure protection devices, 195. impact statements, Environmental cathodic protection equipment, and DOT pipelines include: (1) Transporter-operated pipelines protection, Government contracts, pigging devices, etc.) that serve to under DOT requirements governing Incorporation by reference, protect the integrity of DOT-regulated design, construction, maintenance, and Investigations, Mineral royalties, Oil pipeline segments. operation; or and gas development and production, (11) OCS pipeline segments not (2) Producer-operated pipelines that Oil and gas exploration, Oil and gas subject to DOT regulation under 49 CFR DOI and DOT have agreed are to be reserves, Penalties, Pipelines, Public parts 192 and 195 are subject to all regulated under DOT requirements lands—mineral resources, Public MMS regulations. governing design, construction, lands—rights-of-way, Reporting and (12) A producer may request that its maintenance, and operation. recordkeeping requirements, Sulphur pipeline operate under DOT regulations development and production, Sulphur governing pipeline design, construction, * * * * * exploration, Surety bonds. operation, and maintenance. Production facilities means OCS (i) The operator’s request must be in facilities that receive hydrocarbon Dated: September 21, 1999. the form of a written petition to the production either directly from wells or Sylvia V. Baca, MMS Regional Supervisor that states the from other facilities that produce Assistant Secretary, Land and Minerals justification for the pipeline to operate hydrocarbons from wells. They may Management. under DOT regulation. include processing equipment for For the reasons stated in the (ii) The Regional Supervisor will treating the production or separating it preamble, the MMS proposes to amend decide, on a case-by-case basis, whether into its various liquid and gaseous 30 CFR part 250 as follows: to grant the operator’s request. In components before transporting it to considering each petition, the Regional shore. PART 250ÐOIL AND GAS AND Supervisor will consult with the Office * * * * * SULPHUR OPERATIONS IN THE of Pipeline Safety (OPS) Regional [FR Doc. 99–25498 Filed 9–30–99; 8:45 am] OUTER CONTINENTAL SHELF Director. (13) A transporter who operates a BILLING CODE 4310±MR±P 1. The authority citation for part 250 pipeline regulated by DOT may request continues to read as follows: to operate under MMS regulations Authority: 43 U.S.C. 1331, et seq. governing pipeline design, construction, DEPARTMENT OF VETERANS AFFAIRS 2. In § 250.1000, paragraphs (c)(6) operation, and maintenance. through (c)(13) are added as follows: (i) The operator’s request must be in the form a written petition to the OPS 38 CFR Part 20 § 250.1000 General requirements. Regional Director and the MMS RIN 2900±AJ73 * * * * * Regional Supervisor. (c) * * * (ii) The MMS Regional Supervisor Board of Veterans' Appeals: Rules of (6) Any producer operating a pipeline and the OPS Regional Director will PracticeÐNotice of Appeal in that crosses into State waters without decide how to act on this petition. Simultaneously Contested Claim first connecting to a transporting * * * * * AGENCY: Department of Veterans Affairs. operator’s pipeline on the OCS must 3. In § 250.1001, the definition for the ACTION: Proposed rule. comply with this subpart. Compliance term ‘‘DOI pipelines’’ is revised and the

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SUMMARY: The Department of Veterans with the content of the ‘‘Substantive another contesting party. Any such brief Affairs (VA) proposes to amend a Board Appeal’’ (the regulatory equivalent of or argument must be filed with the of Veterans’ Appeals (Board) Rule of the statutory ‘‘formal appeal‘‘) ‘‘to the agency of original jurisdiction within 30 Practice, pertaining to a type of notice extent that it contains information days from the date the content of the given in simultaneously contested claim which could directly affect the payment Substantive Appeal is furnished as appeals, to eliminate an inconsistency or potential payment of the benefit provided in § 19.102 of this chapter. between that Rule of Practice and other which is the subject of the contested Such content will be presumed to have Board Regulations. claim.’’ The second, a Rule of Practice been furnished on the date of the letter DATES: Comments must be received on at 38 CFR 20.502 that tells other which accompanies the content. or before November 30, 1999. contesting parties how long they have to (Authority: 38 U.S.C. 7105A(b)) ADDRESSES: Mail or hand-deliver respond, incorrectly indicates that the [FR Doc. 99–25602 Filed 9–30–99; 8:45 am] written comments to: Director, Office of responding contesting parties are given Regulations Management (02D), copies of the Substantive Appeal, rather BILLING CODE 8320±01±P Department of Veterans Affairs, 810 than its relevant substance. In this Vermont Ave., NW, Room 1154, document, VA proposes to revise Washington, DC 20420. Comments § 20.502 to make it consistent with ENVIRONMENTAL PROTECTION should indicate that they are submitted § 19.102. The presumption concerning AGENCY in response to ‘‘RIN 2900–AJ73.’’ All the date of furnishing this information written comments will be available for has also been modified to remove its tie 40 CFR Part 52 public inspection at the above address to mailing, inasmuch as neither 38 in the Office of Regulations U.S.C. 7105A(b) nor 38 CFR 19.102 [FRL±6450±4] Management, Room 1158, between the limits the means of delivery to mailing. hours of 8 a.m. and 4:30 p.m., Monday The Secretary hereby certifies that Assessment of Visibility Impairment at through Friday (except holidays). this proposed rule would not have a the Grand Canyon National Park: significant economic impact on a FOR FURTHER INFORMATION CONTACT: Advance Notice of Proposed Steven L. Keller, Senior Deputy Vice substantial number of small entities as they are defined in the Regulatory Rulemaking; Extension of Public Chairman, Board of Veterans’ Appeals, Comment Period Department of Veterans Affairs, 810 Flexibility Act, 5 U.S.C. 601–612, Vermont Avenue, NW, Washington, DC inasmuch as this rule applies to AGENCY: Environmental Protection 20420, (202) 565–5978. individual claimants for veterans’ Agency. benefits and does not affect such SUPPLEMENTARY INFORMATION: Initial ACTION: Advance notice of proposed entities. Therefore, pursuant to 5 U.S.C. decisions on claims for veterans’ rulemaking; extension of public 605(b), this proposed rule is exempt benefits are made at VA field offices comment period. from the initial and final regulatory throughout the nation. Claimants may flexibility analyses requirement of appeal those decisions to the Board. SUMMARY: The Environmental Protection Most of the proceedings before the sections 603 and 604. Agency (EPA) is extending the comment There is no Catalog of Federal Board involve only one party, a period for an advance notice of Domestic Assistance number for this claimant for VA benefits who is proposed rulemaking, published June final rule. dissatisfied with the VA field office 17, 1999 (64 FR 32458), regarding decision in his or her case. However, List of Subjects in 38 CFR Part 20 visibility impairment at the Grand there are a few multiparty proceedings Canyon National Park (GCNP) and the Administrative practice and possibility that the Mohave Generating before the Board known as procedure, Claims, Lawyers, Legal ‘‘simultaneously contested claims.’’ Station (MGS) in Laughlin, Nevada may services, Veterans, Authority contribute to that impairment. In the These contested claims arise out of delegations (Government agencies). situations where ‘‘the allowance of one June 17 notice, EPA requests claim results in the disallowance of Approved: September 22, 1999 information that it should consider in another claim involving the same Togo D. West, Jr., determining whether visibility problems benefit or the allowance of one claim Secretary of Veterans Affairs. at the GCNP can be reasonably results in the payment of a lesser benefit For the reasons set out in the attributed to MGS, and if so, what, if to another claimant.’’ 38 CFR 20.3(o). preamble, the Department of Veterans any, pollution control requirements Typical examples might be cases in Affairs proposes to amend 38 CFR part should be applied. which two different parties are each 20 as follows: The public comment period for the seeking recognition as the beneficiary of advance notice of proposed rulemaking the same life insurance proceeds or PART 20ÐBOARD OF VETERANS' was originally due to expire on August status recognition as a veteran’s lawful APPEALS: RULES OF PRACTICE 16, 1999. On August 6, 1999, at the spouse in order to qualify for a variety request of Southern California Edison of survivor’s benefits. 1. The authority citation for part 20 Company, EPA published a notice 38 U.S.C. 7105A(b) provides that continues to read as follows: extending the public comment period when one contesting party files his or Authority: 38 U.S.C. 501(a). for 30 days (64 FR 42891). On her ‘‘formal appeal,’’ the ‘‘substance’’ of 2. Section 20.502 is revised to read as September 14, 1999, at the request of the the formal appeal will be communicated follows: Grand Canyon Trust, EPA published a to the other contesting parties who then notice extending the public comment have 30 days to file an answering brief § 20.502 Rule 502. Time limit for response period for an additional 15 days (64 FR or argument. to appeal by another contesting party in a 49756). At the request of both Southern This statutory provision is currently simultaneously contested claim. California Edison and the Grand Canyon implemented in two regulations. The A party to a simultaneously contested Trust, EPA is now extending the public first, 38 CFR 19.102, describes VA’s claim may file a brief or argument in comment period for an additional 21 duties to furnish other contesting parties answer to a Substantive Appeal filed by days.

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DATES: The comment period on the millions of lake acres safe for their 260–3027 between 9 a.m. and 3:30 p.m. advance notice of proposed rulemaking designated uses. for an appointment. An electronic is extended until October 21, 1999. EPA sought comment on both sets of version of the TMDL proposal is ADDRESSES: Comments should be proposed rules by October 22, 1999. It available via the Internet at: . (AIR2), San Francisco, CA 94105, Attn: of time to fully analyze the issues and FOR FURTHER INFORMATION CONTACT: Regina Spindler. prepare comprehensive comments. Hazel Groman, US EPA, Office of Therefore, we are extending the FOR FURTHER INFORMATION CONTACT: Wetlands, Oceans and Watersheds comment period an additional 60 days Regina Spindler (415) 744–1251, (4503F), 401 M. St., SW, Washington, for a total comment period of 120 days. Planning Office (AIR2), Air Division, DC 20640, (202) 260–4078 for the TMDL EPA Region IX, 75 Hawthorne Street, DATES: Comments on these proposals rule. Kim Kramer, Office of Wastewater San Francisco, CA 94105. must be submitted on or before Management, 401 M. St., SW, December 22, 1999. Comments provided Washington, DC 20640, Mail Code 4203, Dated: September 24, 1999. electronically will be considered timely e-mail: [email protected], Felicia Marcus, if they are submitted by 11:59 P.M. telephone: (202) 260–8541 for Regional Administrator, Region 9. (Eastern time) December 22, 1999. information regarding the NPDES [FR Doc. 99–25564 Filed 9–30–99; 8:45 am] ADDRESSES: Send written comments on provisions, or Susan Gilbertson, Office BILLING CODE 6560±50±P the Proposed Revisions to the Water of Science and Technology, 401 M. St., Quality Planning and Management SW, Washington, DC 20640, Mail Code Regulation to the Comment Clerk for the 4305, e-mail: [email protected], ENVIRONMENTAL PROTECTION TMDL Program Rule, Water Docket (W– telephone (202) 260–7301 for AGENCY 98–31), Environmental Protection information regarding the water quality Agency, 401 M Street, SW, Washington, standards provisions. 40 CFR Part 122, 123, 124, 130, and 131 DC 20460. Dated: September 24, 1999. Send written comments on the [FRL±6446±8] Dana D. Minerva, Revisions to the NPDES Program and Acting Assistant Administrator for Water. Proposed Revisions to the Water Federal Antidegradation Policy in [FR Doc. 99–25307 Filed 9–28–99; 2:26 pm] Support of Proposed Revisions to the Quality Planning and Management BILLING CODE 6560±50±P Regulation, and Revisions to the Water Quality Planning and National Pollutant Discharge Management Regulation to the Elimination System Program and Comment Clerk, Water Docket (W–99– ENVIRONMENTAL PROTECTION Federal Antidegradation Policy in 04), Environmental Protection Agency, AGENCY Support of Proposed Revisions to the 401 M Street, S.W., Washington, DC Water Quality Planning and 20460. 40 CFR Part 197 Management Regulation EPA requests that commenters submit any references cited in their comments. RIN 2060±AE30 AGENCY: Environmental Protection EPA also requests that commenters [FRL±6450±2] Agency. submit an original and 3 copies of their ACTION: Proposed rule; extension of written comments and enclosures. Opportunity To Present Oral comment period. Commenters that want receipt of their Testimony on Environmental Radiation comments acknowledged should Protection Standards for Yucca SUMMARY: On August 23, 1999, EPA include a self-addressed, stamped Mountain, Nevada; Notice of Public issued two proposed rules to revise, envelope. All comments must be Hearings clarify and strengthen the current postmarked or delivered by hand. No regulatory requirements for identifying facsimiles (faxes) will be accepted. AGENCY: Environmental Protection impaired waters and establishing Total EPA will also accept comments Agency. Maximum Daily Loads (TMDLs) under electronically. Comments should be ACTION: Proposed rule; notice of public the Clean Water Act: revisions to the addressed to the following Internet hearings. Water Quality Planning and address: [email protected]. Electronic Management Regulation (64 FR 46012); comments must be submitted as an SUMMARY: The Environmental Protection and revisions to the National Pollutant ASCII or WordPerfect file avoiding the Agency (EPA) will conduct public Discharge Elimination System (NPDES) use of special characters and any form hearings to receive comments on its Program and Federal Antidegradation on encryption. Electronic comments proposed radiation protection standards Policy (64 FR 46058) in support of the must be identified by the appropriate for Yucca Mountain, Nevada, in revisions at (64 FR 46012). These docket number (W–98–31 for the TMDL Washington, DC; Amargosa Valley, NV; proposed regulatory revisions address rule and W–99–04 for the NPDES Las Vegas, NV; and Kansas City, MO in issues of fundamental importance to Program/Federal Antidegradation Policy October. cleaning up our Nation’s polluted rule), and may be filed online at many The proposed standards were waters. Listing impaired and threatened Federal Depository Libraries. No published in the Federal Register on waters and establishing TMDLs are confidential business information (CBI) August 27, 1999. The 90-day public fundamental tools for identifying should be sent via e-mail. comment period closes November 26. remaining sources of water pollution A copy of the supporting documents DATES: The schedule for the hearings is and achieving water quality goals. cited in the proposals are available for as follows: Washington, DC, October 13, Clean-up plans developed consistent review at EPA’s Water Docket; Room 1999, from 9:00 a.m. to 5:00 p.m.; with these regulatory proposals will EB–57 (East Tower Basement), 401 M Amargosa Valley, NV, October 19, 1999, help to restore the health of thousands Street, SW, Washington, DC 20460. For beginning at 12:00 Noon; Las Vegas, NV, of miles of river and shoreline and make access to docket materials, call (202) October 20, 1999, from 12:00 p.m. to

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9:00 p.m. and October 21, 1999 from standards for the potential repository at Washington, DC by November 26, 1999. 9:00 a.m. to 12:00 Noon; and Kansas Yucca Mountain, Nevada. On August All comments received by EPA, whether City, MO, October 27, 1999, from 12:00 27, 1999, EPA published the proposed written or oral, will be given equal Noon to 9:00 p.m. Specific locations for radiation protection standards for Yucca consideration in development of the each city are detailed in the next section Mountain, Nevada in the Federal final rule. ADDRESSES. Procedures for pre- Register at 64 FR 46976–47016. Dated: September 27, 1999. Simultaneously, a 90-day public registering for and testifying at these Robert Brenner, public hearings are detailed in the comment period on the Agency’s proposed rule began. The public Acting Assistant Administrator for Air and ‘‘Hearings Procedures’’ subsection of the Radiation. SUPPLEMENTARY INFORMATION section. comment period closes November 26, [FR Doc. 99–25566 Filed 9–30–99; 8:45 am] ADDRESSES: EPA’s public hearings to 1999. Once EPA’s standards are BILLING CODE 6560±50±P receive comments on the Agency’s finalized, the Nuclear Regulatory proposed radiation protection standards Commission is responsible for for Yucca Mountain, Nevada will be implementing those standards. DEPARTMENT OF COMMERCE held on October 13, 1999, at the Ronald Hearings Procedures Reagan Building (Federal Triangle Persons wishing to testify at the National Oceanic and Atmospheric Metro Stop), International Trade Center, public hearings are requested to pre- Administration Hemisphere B Meeting Room, 1300 register by calling EPA’s toll-free Yucca Pennsylvania Avenue, NW, Washington, Mountain Information Line at 1–800– 50 CFR Part 679 DC; on October 19, 1999, at the 331–9477 between the hours of 12:00 Amargosa Valley Community Center, [I.D. 092799E] Noon and 7:00 p.m. Eastern Standard 821 East Farm Road, Amargosa Valley, Time (EST) with the following Groundfish Fisheries of the Gulf of NV; on October 20 and 21, 1999 at the information: Name/Organizational Alaska and the Bering Sea/Aleutian Las Vegas Conference Suites and Affiliation (if any)/hearing date, Islands Area Services, Room 111, 101 Convention location, time(s) available to testify, and Center Drive, Las Vegas, NV; and on AGENCY: National Marine Fisheries a daytime telephone number. In order to Service (NMFS), National Oceanic and October 27, 1999, at the Kansas City obtain a scheduled speaking time, Atmospheric Administration (NOAA), Convention Center, Conference Center— requests must be received by EPA no Commerce. Room 4201, 14th Street between later than 7:00 p.m. EST October 12, Wyandotte and Central, Kansas City, 1999 for the hearings in Washington, ACTION: Notice of intent; scoping MO. DC; October 18, 1999 for the hearings in meetings; request for comments. EPA’s official docket for this rule, Amargosa Valley and Las Vegas, NV; including technical support documents SUMMARY: NMFS announces its and October 22, 1999, for the hearings and other documents and materials intention to prepare a programmatic in Kansas City, MO. Speakers not relevant to this rule, are filed in Docket supplemental environmental impact registered in advance may register at the statement (SEIS) on Federal groundfish No. A–95–12 of the Air Docket, located door. Individuals testifying on their own fishery management in the Exclusive in Room M–1500 (first floor in behalf will be allowed 5 minutes. One Economic Zone (EEZ) waters off Alaska. Waterside Mall near the Washington individual may testify as the official The scope of the analysis will include Information Center), U.S. EPA, 401 M representative or spokesperson on all activities addressing the conduct of Street, SW, Washington, DC 20460– behalf of groups and organizations and groundfish fisheries authorized and 0001. EPA has also established will be allocated ten minutes for an oral managed under two of the North Pacific ‘‘Information Files’’ for this rule at two presentation. Time allowed is exclusive Fishery Management Council’s fishery locations in Nevada: the Government of any time consumed by questions from management plans (FMPs): Groundfish Publications Section of the Dickinson the government panel and answers to of the Gulf of Alaska (GOA), and Library at the University of Nevada-Las these questions. Testimony from Vegas, 4504 Maryland Parkway, Las individuals and representatives of amendments thereto; and Groundfish Vegas, NV, and the Public Library in organizations is limited to one hearing Fishery of the Bering Sea and Aleutian Amargosa Valley, NV. location. Substitutions will not be Islands Area (BSAI), and amendments As provided in EPA’s regulations at permitted for any pre-registered person. thereto. 40 CFR Part 2, and in accordance with Registrants will not be permitted to NMFS will hold scoping meetings to normal Air docket procedures, if copies yield their time to other individuals or receive public input on the structure of of any docket materials are requested, a groups, nor will hearing time be used to the alternatives and the range of issues reasonable fee may be charged for ‘‘read into the record’’ testimony from to be covered in the programmatic SEIS. photocopying. individuals not present at the hearings. NMFS is accepting written comments FOR FURTHER INFORMATION CONTACT: In the event any person wishes to enter on the same topics. Rafaela Ferguson, Office of Radiation comments for the record, but either DATES: Written comments will be and Indoor Air, (202) 564–9362 or call cannot or does not appear personally at accepted through November 15, 1999 EPA’s 24-hour toll-free Yucca Mountain the hearings, written comments will be (see ADDRESSES). See Information Line, 1–800–331–9477. accepted by EPA during the hearings. SUPPLEMENTARY INFORMATION, SUPPLEMENTARY INFORMATION: The U.S. These written comments will be Public Involvement for meeting dates. Department of Energy is developing a considered to the same extent as oral ADDRESSES: Written comments and potential geologic repository at Yucca testimony and will be included as part requests to be included on a mailing list Mountain, Nevada, for disposal of spent of the official hearings transcripts. The of persons interested in the nuclear fuel and high-level radioactive hearing transcript will constitute the programmatic SEIS should be sent to waste. As mandated by the Energy official record of the hearings. Written Lori Gravel, Sustainable Fisheries Policy Act of 1992, the Environmental comments submitted outside of the Division, National Marine Fisheries Protection Agency (EPA) has developed public hearings must be received by Service, P.O. Box 21668, Juneau, AK site-specific public health and safety EPA Docket No. A–95–12 in 99802. Comments may also be hand-

VerDate 22-SEP-99 11:06 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 E:\FR\FM\A01OC2.029 pfrm01 PsN: 01OCP1 53306 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Proposed Rules delivered to Room 457–1 Federal Office Seattle (NO. C98–0492Z) ruled in environmental impacts (including Building, 907 West 9th Street, Juneau, Greenpeace v. NMFS that the 1998 SEIS biological and socio-economic). AK. See SUPPLEMENTARY INFORMATION, was legally inadequate, and remanded Through this scoping process, NMFS Public Involvement for meeting the document to NMFS for further requests public input on the locations. action consistent with the requirements management alternatives that should be FOR FURTHER INFORMATION CONTACT: of NEPA. considered in this programmatic SEIS. Steve Davis, NMFS, (907) 271-3523. In this document, NMFS announces Prior to the scoping meetings, NMFS its intent to prepare a programmatic SUPPLEMENTARY INFORMATION: Under the will publish in the Federal Register SEIS that defines the Federal action Magnuson-Stevens Fishery draft alternatives to be developed under review as, among other things, all Conservation and Management Act, the further at the public scoping meetings activities authorized and managed United States has exclusive fishery and in the programmatic SEIS. under the FMPs and all amendments management authority over all living thereto, and that addresses the conduct Issues marine resources found within the EEZ, of the GOA and BSAI groundfish The environmental consequences except marine mammals and birds. The fisheries and the FMPs as a whole. section of the EIS will display the management of these marine resources NMFS will present in the SEIS an impacts of groundfish harvest accruing is vested in the Secretary of Commerce overview and an assessment of all with present management regulations (Secretary). Eight Regional Fishery impacts (including environmental, and under a range of representative Management Councils prepare FMPs for biological, and socio-economic) that alternative management regulations on approval and implementation by the result from directed and incidental North Pacific and Bering Sea ecosystem Secretary. The North Pacific Fishery groundfish harvest regulations affecting issues. These issues include: (1) Marine Management Council has the amount of harvest, location of harvest, habitat, (2) major species of fish, responsibility to prepare FMPs for the time of harvest, method of harvest, (3) major species and groups of fishery resources that require distribution of harvest among invertebrates, (4) marine mammals, (5) conservation and management in the fishermen, use of the harvest, and seabirds, and (6) cumulative and EEZ off Alaska. The North Pacific methods used to monitor harvest and synergistic impacts on species across Fishery Management Council consists of the fisheries. Also, NMFS will identify the foodweb. In addition, the Federal and state officials having and evaluate the significant changes that environmental consequences section authority for fishery management, and have occurred in the GOA and BSAI will contain summary, interpretation, of private persons nominated by the groundfish fisheries, including and predictions for socio-economic governors of the States of Alaska, significant cumulative effects of issues associated with conduct of those Oregon, and Washington, and appointed environmental and management fisheries on the following groups of by the Secretary. changes in the groundfish fisheries individuals: (1) Those who participate The National Environmental Policy since the issuance of the 1978 and 1981 in harvesting the groundfish resources Act (NEPA) requires preparation of EISs. Further, NMFS will also analyze and other living marine resources, (2) environmental impact statements (EISs) the impacts (including environmental, those who process and market the fish for major Federal actions significantly biological and socio-economic) resulting and fishery products, (3) those who are impacting the quality of the human from the current fishery management involved in allied support industries, (4) environment. 40 CFR 1502.9(c) states: regime, and reasonable alternatives to those who consume fishery products, (5) ‘‘Agencies shall prepare supplements to the current management regime. The those who rely on living marine either draft or final environmental Responsible Program Manager for this resources in the management area either impact statements if: (i) The agency SEIS is Steven Pennoyer, Alaska for subsistence needs or for recreational makes substantial changes in the Regional Administrator, NMFS. benefits, (6) those who benefit from non- proposed action that are relevant to consumptive uses of living marine environmental concerns; or (ii) There Alternatives resources, (7) those involved in are significant new circumstances or The SEIS will consider a range of managing and monitoring fisheries, and information relevant to environmental alternative harvest management (8) fishing communities. concerns and bearing on the proposed regimes, incorporating variations on action or its impacts.’’ various elements of the FMPs. It will not Consultations The Council prepared, and the consider detailed alternatives for every Pursuant to section 7(a)(2) of the Secretary approved, the Fishery aspect of the FMPs. A principal Endangered Species Act (ESA), Management Plan for Gulf of Alaska objective, therefore, of the scoping and consultations for listed species and Groundfish in 1978 and the Fishery public input processes is to identify a critical habitat affected by these Management Plan for Groundfish reasonable set of programmatic fisheries have been or will be initiated Fishery of the Bering Sea and Aleutian management alternatives that, with and will be prepared in parallel with Islands Area in 1981. EISs were adequate analysis, will sharply define development of the programmatic SEIS. prepared for those FMPs and were filed critical issues and provide a clear basis These consultations will be conducted in 1978 and 1981, respectively. Both for choice among the alternatives. in accordance with the ESA and FMPs have been amended numerous Management of the GOA and the implementing regulations, 50 CFR 402 times. NEPA environmental documents BSAI groundfish fisheries pursuant to et seq., and will analyze the individual (categorical exclusion, environmental the FMPs involves decision making that and cumulative impacts of activities assessments, or EISs) have been can result in changes to the harvest relating to the groundfish fisheries prepared for each FMP amendment and management strategy. Accordingly, in authorized and managed under the regulatory amendment. Additionally, the programmatic SEIS, NMFS will FMPs, and amendments thereto, to NMFS prepared and issued an SEIS for consider a full range of management determine whether the cumulative the groundfish fisheries authorized alternatives, including the No Action impacts of the groundfish fisheries are under both FMPs in December 1998. In alternative (i.e., the management regime likely to jeopardize the continued July 1999, the U.S. District Court, currently in place would continue to existence of listed species, including Western District of Washington at apply), and evaluate their potential Steller sea lions, or adversely modify

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Notices Federal Register Vol. 64, No. 190

Friday, October 1, 1999

This section of the FEDERAL REGISTER activities (Plan of Work), U.S. level of FOR FURTHER INFORMATION CONTACT: contains documents other than rules or contributions (funding), and ICGFI’s Foreign Agricultural Service, proposed rules that are applicable to the role. It is also to seek public input in International Trade Policy, Food Safety public. Notices of hearings and investigations, identifying any new issues of concern and Technical Services Division, Room committee meetings, agency decisions and that should be considered. 5545, South Building, 1400 rulings, delegations of authority, filing of petitions and applications and agency Representatives from past delegations Independence Avenue, SW, statements of organization and functions are will also be present to apprise the Washington, DC 20250, (202) 720–1301; examples of documents appearing in this public of the background of ICGFI, its or e-mail [email protected]. section. mandate, past contributions and to SUPPLEMENTARY INFORMATION: respond to questions. ICGFI was established under the joint aegis of the Topics to be Discussed at the Public DEPARTMENT OF AGRICULTURE Food and Agriculture Organization of Meeting Include the Following the United Nations (FAO), the Should the United States continue to Foreign Agricultural Service International Atomic Energy Agency participate in ICGFI? (IAEA) and the World Health What are the benefits to the U.S. Notice of Public Meeting on U.S. Organization (WHO). Participation in the 16th Annual taxpayer? Industry? Government? The functions of ICGFI are: What are the drawbacks or costs we Meeting of the International 1. To evaluate global developments in Consultative Group on Food Irradiation should consider? the field of food irradiation; Should the United States continue to AGENCY: Foreign Agricultural Service, 2. To provide a focal point of advice support ICGFI financially? USDA. on the application of food irradiation to If the answer is yes, how should Member States and the three ACTION: Notice of meeting. ICGFI be funded? Organizations; and Should the United States Government SUMMARY: FAS is informing the public 3. To furnish information, as required, continue to contribute to ICGFI? of a meeting to be held Thursday, through the Organizations, to the Joint If yes, should we continue at the same October 7, 1999, at the U.S. Department FAO/IAEA/WHO Expert Committee on level, increase, or decrease our of Agriculture (USDA) in Washington, the Wholesomeness of Irradiated Food contributions? DC. The purpose of this meeting is to and the Codex Alimentarius Should contributions continue to solicit public comment on U.S. Commission. come only from the Government, or participation in the 16th annual meeting DATES: The public meeting date is should industry contribute as well (or in of the International Consultative Group Thursday, October 7, 1999, 9 a.m. to 11 place of)? on Food Irradiation (ICGFI), October 25– a.m., Washington, DC in Room 5066 Should the proposed ‘‘Programme of 27, 1999, in Antalya, Turkey, including South Building. Written comments Work and Budget for 2000’’ be the continued U.S. participation, future should be submitted by October 5, 1999. approved?

Estimated Programme of Work Budget (US$)

1. International Trade: (a) Food Irradiation Process Control School (FIPCOS) for Operators of Irradiation Facilities and Food Inspectors ...... 35,000 (b) Seminar on Trade Opportunities for Irradiated Foods for Asia and the Pacific ...... 25,000 (c) Workshop on Facilitating Trade in Irradiated Food with the European Union ...... 20,000 2. Legislation: (a) Amendments to Codex General Standard for Irradiated Foods (through the Codex Committee on Food Additives and Con- taminants) ...... 5,000 (b) Proposed Amendment to the Labeling Provisions on Irradiated Foods (through the Codex Committee on Food Labelling) .. 3,000 (c) Publication of revised ICGFI Codes of Good Irradiation Practices (GIP) ...... (1) 3. Information Transfer: (a) Publication of Brochure on Application of ``High-Dose Irradiation of Food'' ...... (1) (b) Publication of Education Materials on Food Irradiation ...... 5,000 4. Database: (a) Revise database on list of clearance of irradiated food ...... (2) (b) Update current database: national regulations, food irradiation facilities, authorized packaging, materials, trainees, etc...... (2) 5. Administration: (a) One professional staff (part-time) ...... 45,000 (b) One support staff ...... 60,000 (c) Travel ...... 10,000 (d) Miscellaneous (telephone, shipping, etc.) ...... 5,000

Total (cash) ...... 213,000 1 In-kind. 2 No-cost.

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Are there any other topics we think Nations Member State governments, Rica, Cote D’Ivoire, Croatia, Cuba, Czech ICGFI should address? intergovernmental organizations and Republic, Ecuador, Egypt, France, non-governmental sources. Germany, Ghana, Greece, Hungary, Background Information on ICGFI 3. Contributions may not exceed US India, Indonesia, Iraq, Israel, Italy, What is ICGFI? $100,000 or its equivalent per year. Republic of Korea, Malaysia, Mexico, An independent body composed of How much does the United States Morocco, Netherlands, New Zealand, government-designated experts on food contribute? Pakistan, Peru, Philippines, Poland, irradiation. Various Departments and Agencies Portugal, South Africa, Syrian Arab How was ICGFI formed? have together contributed $30,000 per Republic, Thailand, Tunisia, Turkey, In 1982, the Directors General of FAO, year to ICGFI. Ukraine, United Kingdom, USA, IAEA and WHO invited Member States How frequently does ICGFI meet? Vietnam, and Yugoslavia. to consider forming a consultative group ICGFI convenes annual meetings to Do only government representatives to focus in international co-operation in develop technical recommendations and attend ICGFI meetings? food irradiation. Upon receipt of a to consider its program of work and Meetings are attended by designated favorable response from 44 Member budget. At the 10th Annual Meeting experts from ICGFI member States, those present at a meeting in held at WHO Headquarters in Geneva governments, and representatives of 1983 drafted a Declaration establishing from November 2–4, 1993, the group’s other interested governments, the International Consultative Group on experts recommended that the ICGFI international organizations and non- Food Irradiation (ICGFI). ICGFI, mandate be extended for a further 5 governmental organizations are invited composed of experts or other years until May 1999. by ICGFI to attend as observers. participants designated by each How much longer does ICGFI’s Where is the Secretariat located? government, was established in 1984 for mandate last? Food & Environmental Protection an initial period of 5 years. Many of the activities set out for Section, Joint FAO/IAEA Division of How is ICGFI organized? ICGFI in the original mandate have been Nuclear Techniques in Food and FAO, IAEA and WHO, through the accomplished. However, a Task Force Agriculture, International Atomic Joint FAO/IAEA Division of Nuclear identified six areas of activity in which Energy Agency, Wagramerstrasse 5, P.O. Techniques in Food and Agriculture further work is needed. In October 1998 Box 100, A–1400 Vienna, Austria. based at the IAEA, Vienna, serve as at the 15th Annual Meeting, the Phone: (43–1) 2600 extension 21638 or ICGFI’s Secretariat. mandate of the ICGFI was extended to 21639; Facsimile: (43–1) 26007; e-mail: What are the functions of ICGFI? another 3 years, i.e. May 1999 to May [email protected] 1. to evaluate global developments in 2002. The ICGFI program will be co- How does ICGFI communicate with the field of food irradiation; ordinated by a Management Committee all the countries? 2. to provide a focal point of advice and will be refocused, putting emphasis There is an ICGFI National Contact on the application of food irradiation to on international trade, information Point for each Member State. Member States and the three exchange, high dose irradiation and What are the responsibilities of ICGFI Organizations; and seminars/training. Contact Points? 3. to furnish information, as required, What kind of training is ICGFI 1. Distribution within the country of through the Organizations, to the Joint involved with? documents, working papers and other FAO/IAEA/WHO Expert Committee on An example is the FAO/IAEA/WHO information material emanating from the Wholesomeness of Irradiated Food International Conference on Irradiation ICGFI or its Secretariat; and the Codex Alimentarius to Ensure the Safety and Quality of 2. Co-ordinating the preparation for Commission. Food, in Antalya, Turkey, October 19– transmission to the Secretariat of Who determines the priorities? 22, 1999. This Conference will review technical comments/ information ICGFI funds and operates its own achievements on food irradiation during requested; programs, focusing on developing the 20th century and examine the role 3. Taking follow-up action on policy guidelines related to the safety of irradiation to ensure the safety and particular matters, in collaboration with assurance of the process, legislation, quality of food in trade. Irradiation is the expert(s) attending the particular public information, economic increasingly accepted and applied as a ICGFI meeting; feasibility, food safety, and international sanitary and phytosanitary treatment of 4. Providing information, as available, trade. food in trade. Currently, some 50 to the Secretariat on the status of food How does ICGFI acquire funding? countries have approved one or more irradiation technology, its regulatory Member State governments pledge, or irradiated food items or classes of food control and other related topics of arrange for participants to pledge to for consumption and over 30 countries interest to ICGFI; and make voluntary contributions in cash or are actually applying the technology in 5. Ensuring that information made in kind, for carrying out the activities of practice. The number of irradiation available by the ICGFI Secretariat is the Consultative Group. The facilities available for treating food has disseminated to the interested national Consultative Group may accept increased in recent years with many entities/individuals. voluntary contributions in cash or in more under construction or planned. Public Meeting: The public meeting kind from Non-Member State Consumers are getting accurate will take place at the US Department of governments and from organizations information and are beginning to Agriculture, 1400 Independence Ave. whose objectives are consistent with appreciate the benefit of irradiated food. SW, Washington, DC, Room 5066 South those of the Consultative Group. Who belongs to ICGFI? Building. To accommodate all public What are the guidelines for donations The group is currently composed of forum participants, we request that to ICGFI? the following 47 Member States, more individuals planning to attend should 1. IAEA rules govern the acceptance than half of which are developing so inform the Department in advance by of gifts of services, equipment, facilities countries: contacting: Foreign Agricultural Service, and money. Argentina, Australia, Bangladesh, International Trade Policy, Food Safety 2. Voluntary contributions may be Belgium, Brazil, Bulgaria, Canada, and Technical Services Division, Room offered to the Agency by: United Chile, People’s Republic of China, Costa 5545, South Building, 1400

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Independence Avenue, SW, industrial private forest owners, who programs, will be asked by their State Washington, DC, 20250, (202) 720–1301; participate in the following two Forest forestry or State natural resource agency or e-mail [email protected]. Please Service State and Private Forestry to voluntarily complete a Stewardship indicate the organization represented, if programs: the Forest Stewardship Program Participant Demographics any, including the names and titles of Program and the Stewardship Incentive Form. Program participants will answer individuals attending. Program. This demographic information questions that include their race, their Written Comments: Those persons will help ensure that these agency ethnicity, their gender, and whether or wishing to submit written comments programs serve eligible landowners not they have a disability. should provide five (5) typed copies to without regard to race, ethnicity, The data collected will help the Foreign Agricultural Service, gender, or disability status. Forest Service evaluate the effectiveness International Trade Policy, Food Safety DATES: Comments must be received in of its outreach efforts to involve and Technical Services Division, Room writing on or before November 30, 1999. representative segments of society in 5545, South Building, 1400 ADDRESSES: All comments should be Forest Stewardship Program and Independence Avenue, SW, addressed to: Stewardship Coordinator, Stewardship Incentive Program. Washington, DC. If the submission Cooperative Forestry Staff, Mail Stop The data in this information contains business confidential 1123, Forest Service, USDA, P.O. Box information, five copies of a collection are not available from other 96090, Washington, D.C. 20090–6090. sources. confidential version must also be Comments also may be submitted via submitted. A justification as to why the facsimile to (202) 205–1271 or by email Estimate of burden: 5 minutes. information contained in the to: cf/[email protected]. Type of respondents: Non-industrial submission should be treated The public may inspect comments private forest owners. confidentially must be included in the received at the Office of the Director, submission. In addition, any Estimated number of respondents: Cooperative Forestry Staff, Forest 18,500. submissions containing business Service, USDA, 201 14th Street, SW, confidential information must be clearly Washington, D.C. Visitors are urged to Estimated number of responses per marked ‘‘Confidential’’ at the top and call ahead to facilitate entrance into the respondent: 1. bottom of the cover page (or letter) and building. Estimated total annual burden on of each succeeding page of the FOR FURTHER INFORMATION CONTACT: respondents: 1,542 hours. submission. The version that doe not Susan Stein, Cooperative Forestry Staff, contain confidential information should Comment is Invited at (202) 205–0837. also be clearly marked, at the top and The agency invites comments on the bottom of each page, ‘‘public version’’ or SUPPLEMENTARY INFORMATION: following: (a) Whether the proposed ‘‘nonconfidential’’. Written comments Description of Information Collection collection of information is necessary submitted in connection with this The following describes the new for the stated purpose or the proper request, except for information deemed information collection: performance of the functions of the ‘‘business confidential’’ by FAS will be Title: Stewardship Incentive Program agency, including whether the available for public inspection in the Participant Demographics. information will have practical or USDA Reading Room, Room 1141, OMB Number: New. scientific utility; (b) the accuracy of the USDA South Building, 1400 Expiration Date of Approval: New. agency’s estimate of the burden of the Independence Avenue, SW, Type of request: This is a new proposed collection of information, Washington, DC. Normal Reading Room information collection that has not including the validity of the hours are from 8 a.m. to 4:30 p.m., received approval from the Office of methodology and assumptions used; (c) Monday through Friday, except Management and Budget. ways to enhance the quality, utility, and holidays. Please call (202) 690–2817 to Abstract: The Cooperative Forestry clarity of the information to be assure that assistance will be available Assistance Act (16 U.S.C., 21 03B) collected; and (d) ways to minimize the in the Reading Room. authorizes the Forest Service to provide burden of the collection of information Dated: September 27, 1999. technical and financial assistance to on the respondents, including the use of Timothy J. Galvin, non-industrial private forest (NIPF) automated, electronic, mechanical, or Administrator, Foreign Agricultural Service. owners under the Forest Stewardship other technological collection [FR Doc. 99–25484 Filed 9–28–99; 9:51 am] and Stewardship Incentive Programs. techniques or other forms of information BILLING CODE 3410±10±M The Forest Stewardship Program is technology. the program that helps NIPF landowners prepare the forest stewardship plans for Use of Comments DEPARTMENT OF AGRICULTURE their land. Landowners need a All comments received in response to completed forest stewardship plan to this notice, including name and address Forest Service become eligible to receive cost-share when provided, will become a matter of dollars under the Stewardship Incentive Information Collection; Request for public record. Comments received in Program. response to this notice will be Comments; Forest Service The Stewardship Incentive Program is Stewardship Programs Demographics summarized and included in the request the program that assists NIPF owners for Office of Management and Budget AGENCY: Forest Service, USDA. with up to 75 percent of the funding on approval. ACTION: Notice. a cost-share basis to implement forest stewardship plan practices. Both Dated: September 13, 1999. SUMMARY: In accordance with the programs are administered Larry Payne, Paperwork Reduction Act of 1995, the cooperatively with State forestry Associate Deputy Chief, State and Private Forest Service announces its intention agencies. Forestry. to seek approval for a collection of Under this information collection, [FR Doc. 99–25629 Filed 9–30–99; 8:45 am] demographic information on non- participants, enrolled in either of these BILLING CODE 3410±11±U

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DEPARTMENT OF AGRICULTURE Title: Public Perceptions of New California, and members of Approaches to Forest Management. organizations interested in management Forest Service OMB Number: New. of the National Forests in western Expiration Date of Approval: New. Oregon, western Washington and Information Collection; Request for Type of Request: The following northern California. Comments; Public Perceptions of describes a new collection requirement Estimated Number of Respondents: Pacific Northwest National Forest and has not received approval by the 1700. System Land Management Practices Office of Management and Budget. Estimated Number of Responses per Abstract: The data from this AGENCY: Respondent: 1. Forest Service, USDA. information collection will help the Estimated Total Annual Burden on ACTION: Notice. Forest Service gain a better Respondents: 567 hours. SUMMARY: In accordance with the understanding of the western Paperwork Reduction Act of 1995, the Washington, western Oregon, and Comment is Invited northern California residents’ Forest Service announces its intention The agency invites comments on: (a) perceptions of the agency’s land to establish a new information whether the proposed collection of management practices on the National collection. This information will help information is necessary for the stated Forests in these areas, such as how the the Forest Service learn more about the purposes or the proper performance of agency decides where timber harvests people who live in western Washington, the functions of the agency, including will occur and how the agency manages western Oregon, and northern California whether the information will have the harvests. and who visit the National Forests. practical or scientific utility; (b) the The Forest Service Pacific Northwest accuracy of this agency’s estimate of the DATES: Comments must be received in Research Station People and Natural burden of the proposed collection of writing on or before November 30, 1999. Resources Program has entered into a information, including the validity of ADDRESSES: All comments should be cooperative agreement with the the methodology and assumptions used; addressed to: Linda Kruger, Research University of Oregon to facilitate this (c) ways to enhance the quality, utility, Social Scientist, Seattle Forestry collection of information. University of and clarity or the information to be Sciences Laboratory, Forest Service, Oregon staff, in collaboration with collected; and (d) ways to minimize the USDA, 4043 Roosevelt Way NE, Seattle, Forest Service Pacific Northwest burden of the collection of information WA 98105. Research Station staff, will write the on respondents, including the use of Comments also may be submitted via survey, administer the survey, and automated, electronic, mechanical, or facsimile to (206) 553–7709 or by email analyze the survey results. to lkruger/[email protected]. Residents in western Washington, other technological collection The public may inspect comments western Oregon, and northern California techniques or other forms of information received at the Office of the Director, will be asked to view photographs of technology. Seattle Forestry Sciences Laboratory, forests that have been harvested using a Use of Comments Forest Service, USDA, 4043 Roosevelt variety of harvesting methods; residents Way NE, Seattle, Washington. also will view photographs of forests All comments received in response to FOR FURTHER INFORMATION CONTACT: that have not been harvested. this notice, including name and address Linda Kruger, Seattle Forestry Sciences Interviewers will explain why certain when provided, will be summarized and Laboratory, at (206) 553–7817. areas were chosen for timber harvesting included in the request for Office of Management and Budget approval. All SUPPLEMENTARY INFORMATION: and the reasons for the specific harvesting method. The residents will comments will also become a matter of Background indicate their level of approval or public record. In 1994, the Forest Service adopted disapproval for each photograph, in Dated: September 23, 1999. the Northwest Forest Plan in response to addition to their perceptions of how a Robert Lewis, Jr., perceptions the public had that Forest particular harvesting method or lack of Deputy Chief for Research & Development. Service land management practices on harvesting affected the scenic beauty of [FR DOC 99–25630 Filed 9–30–99; 8:45 am] National Forests in western Washington, the area, the wildlife habitat, or the BILLING CODE 3410±11±P western Oregon and northern California water quality. might have negative impacts on timber Residents will be asked which of the resources and threatened and National Forest resources are most DEPARTMENT OF AGRICULTURE endangered species, such as the important to them: the recreational northern spotted owl. facilities, the potential economic Grain Inspection, Packers and The Northwest Forest Plan includes opportunities, or the aesthetic qualities. Stockyards Administration new guidelines, such as whether or not Residents also will be asked to respond to harvest trees, and if trees are to questions about their ethnic Designation for the Los Angeles Area harvested, the geographic location from background, their economic status, their AGENCY: Grain Inspection, Packers and which they may be harvested, as well as age, their educational level, the type of Stockyards Administration (GIPSA). the methods that may be used to harvest residence in which they live, and how them. long they have lived in the Pacific ACTION: Notice. Forest Service personnel now need a Northwest. SUMMARY: better understanding as to whether or Data gathered in this information GIPSA announces the not the new guidelines meet the natural collection is not available from other designation of the California resource management expectations of sources. Department of Food and Agriculture the public. Estimate of Burden: 20 minutes. (California) to provide official services Type of Respondents: Respondents under the United States Grain Standards Description of Information Collection will include people who live in rural Act, as amended (Act) in the Los The following describes the new and urban settings in western Oregon, Angeles area. information collection: western Washington, and northern EFFECTIVE DATES: October 1, 1999.

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ADDRESSES: USDA, GIPSA, Janet M. Interested persons may obtain official DATES: Applications and comments Hart, Chief, Review Branch, Compliance services by calling California at 916– must be postmarked or sent by Division, STOP 3604, Room 1647–S, 654–0743. telecopier (FAX) on or before October 1400 Independence Avenue, S.W., Authority: Pub. L. 94–582, 90 Stat. 2867, 30, 1999. Washington, DC 20250–3604. as amended (7 U.S.C. 71 et seq.). ADDRESSES: Applications and comments FOR FURTHER INFORMATION CONTACT: Dated: September 23, 1999. must be submitted to USDA, GIPSA, Janet M. Hart, at 202–720–8525. Neil E. Porter, Janet M. Hart, Chief, Review Branch, Compliance Division, STOP 3604, Room SUPPLEMENTARY INFORMATION: This Director, Compliance Division. action has been reviewed and 1647–S, 1400 Independence Avenue, [FR Doc. 99–25361 Filed 9–30–99; 8:45 am] SW, Washington, DC 20250–3604. determined not to be a rule or regulation BILLING CODE 3410±EN±P as defined in Executive Order 12866 Applications and comments may be and Departmental Regulation 1512–1; submitted by FAX on 202–690–2755. If an application is submitted by FAX, therefore, the Executive Order and DEPARTMENT OF AGRICULTURE Departmental Regulation do not apply GIPSA reserves the right to request an to this action. Grain Inspection, Packers and original application. All applications Stockyards Administration and comments will be made available In the August 13, 1999, Federal for public inspection at this address Register (64 FR 156), GIPSA announced Opportunity for Designation in the located at 1400 Independence Avenue, that Los Angeles Grain Inspection Lincoln (NE), Memphis (TN), Omaha SW, during regular business hours. Service, Inc. (Los Angeles) asked GIPSA (NE), Jamestown (ND), Sioux City (IA), to cancel their designation August 27, FOR FURTHER INFORMATION CONTACT: and Fort Dodge (IA) Areas and Request 1999. GIPSA asked persons interested in Janet M. Hart, at 202–720–8525. for Comments on the Official Agencies providing official services in the SUPPLEMENTARY INFORMATION: This Serving These Areas geographic area formerly assigned to Los Action has been reviewed and determined not to be a rule or regulation Angeles to submit an application for AGENCY: Grain Inspection, Packers and as defined in Executive Order 12866 designation. Applications were due by Stockyards Administration (GIPSA). September 13, 1999. California applied and Departmental Regulation 1512–1; for designation to provide official ACTION: Notice. therefore, the Executive Order and services in the entire Los Angeles area. Departmental Regulation do not apply Since California was the only SUMMARY: The designations of the to this Action. applicant, GIPSA did not ask for official agencies listed below will end in Section 7(f)(1) of the United States comments. April and June 2000. GIPSA is asking Grain Standards Act, as amended (Act), GIPSA evaluated all available persons interested in providing official authorizes GIPSA’s Administrator to information regarding the designation services in the areas served by these designate a qualified applicant to criteria in section 7(f)(l)(A) of the Act agencies to submit an application for provide official services in a specified and, according to section 7(f)(l)(B), designation. GIPSA is also asking for area after determining that the applicant determined that California is able to comments on the services provided by is better able than any other applicant provide official services in the these currently designated agencies: to provide such official services. geographic area for which they applied. Lincoln Inspection Service, Inc. (Lincoln); Section 7(g)(1) of the Act provides that designations of official agencies California is designated to provide Memphis Grain Inspection Service shall end not later than triennially and official services in the geographic area (Memphis); Omaha Grain Inspection Service, Inc. may be renewed according to the specified in the August 13, 1999, (Omaha); criteria and procedures prescribed in Federal Register, effective October 1, Grain Inspection, Inc. (Jamestown); Section 7(f) of the Act. 1999, and ending January 31, 2000, Sioux City Inspection and Weighing Service concurrently with the end of Company (Sioux City); and 1. Current Designations Being California’s present designation. A. V. Tischer and Son, Inc. (Tischer). Announced for Renewal

Designation Designation Official agency Main office start end

Lincoln ...... Lincoln, NE ...... 5/1/1997 4/30/2000 Memphis ...... Memphis, TN ...... 5/1/1997 4/30/2000 Omaha ...... Omaha, NE ...... 5/1/1997 4/30/2000 Jamestown ...... Jamestown, ND ...... 7/1/1997 6/30/2000 Sioux City ...... Sioux City, IA ...... 7/1/1997 6/30/2000 Tischer ...... Fort Dodge, IA ...... 7/1/1997 6/30/2000

a. Pursuant to Section 7(f)(2) of the Bounded on the East by Interstate 29 south Bounded on the West (in Nebraska) by Act, the following geographic area, in to the Fremont County line; the northern County Road 1 mile west of U.S. Route 81 the States of Iowa and Nebraska, is Fremont and Page County lines; the eastern north to State Highway 8; State Highway 8 east to U.S. Route 81; U.S. Route 81 north to assigned to Lincoln. Page County line south to the Iowa-Missouri State line; the Iowa-Missouri State line west the Thayer County line; the northern Thayer Bounded on the North (in Nebraska) by the to the Missouri River; the Missouri River County line east; the western Saline County line; the southern and western York County northern York, Seward, and Lancaster south-southeast to the Nebraska-Kansas State lines. County lines; the northern Cass County line line; Lincoln’s assigned geographic area does east to the Missouri River; the Missouri River Bounded on the South by the Nebraska- south to U.S. Route 34; (in Iowa) U.S. Route not include the following grain elevators Kansas State line west to County Road 1 mile inside Lincoln’s area which have been and 34 east to Interstate 29; west of U.S. Route 81; and will continue to be serviced by the following

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Pursuant to Section 7(f)(2) of the Omaha’s area which have been and will Bounded on the East by U.S. Route 59 continue to be serviced by the following south to B24; B24 east to the eastern O’Brien Act, the following geographic area, in official agency: Fremont Grain Inspection the States of Arkansas, Tennessee, and County line; the O’Brien County line south; Department, Inc.: Farmers Cooperative, and the northern Buena Vista County line east to Texas, is assigned to Memphis. Krumel Grain and Storage, both in Wahoo, U.S. Route 71; U.S. Route 71 south to the The entire State of Arkansas. Saunders County, Nebraska. southern Sac County line; Carroll, Chester, Crockett, Dyer, Fayette, d. Pursuant to Section 7(f)(2) of the Bounded on the South by the Sac and Ida Gibson, Hardeman, Haywood, Henderson, Act, the following geographic area, in County lines; the eastern Monona County Lauderdale, Madison, McNairy, Shelby, and the State of North Dakota, is assigned to line south to State Route 37; State Route 37 Tipton Counties, Tennessee. Jamestown. west to State Route 175; State Route 175 west Bowie and Cass Counties, Texas. to the Missouri River; and Bounded on the North by Interstate 94 east Bounded on the West by the Missouri The following grain elevators, located to U.S. Route 85; U.S. Route 85 north to State outside of the above contiguous River north to the Big Sioux River; the Big Route 200; State Route 200 east to U.S. Route Sioux River north to the northern Iowa State geographic area, are part of this 83; U.S. Route 83 southeast to State Route 41; line. geographic area assignment: Continental State Route 41 north to State Route 200; State In Nebraska: Route 200 east to State Route 3; State Route Grain Co., Tiptonville, Lake County, Cedar, Dakota, Dixon, Pierce (north of U.S. Tennessee (located inside Cairo Grain 3 north to U.S. Route 52; U.S. Route 52 southeast to State Route 15; State Route 15 Route 20), and Thurston Counties. Inspection Agency, Inc.’s, area). In South Dakota: c. Pursuant to Section 7(f)(2) of the east to U.S. Route 281; U.S. Route 281 south to Foster County; the northern Foster County Bounded on the North by State Route 44 Act, the following geographic area, in line; the northern Griggs County line east to (U.S. 18) east to State Route 11; State Route the States of Iowa and Nebraska, is State Route 32; 11 south to A54B; A54B east to the Big Sioux assigned to Omaha. Bounded on the East by State Route 32 River; Bounded on the East by the Big Sioux Bounded on the North by Nebraska State south to State Route 45; State Route 45 south River; and Route 91 from the western Washington to State Route 200; State Route 200 west to Bounded on the South and West by the County line east to U.S. Route 30; U.S. Route State Route 1; State Route 1 south to the Soo 30 east to the Missouri River; the Missouri Railroad line; the Soo Railroad line southeast Missouri River. to Interstate 94; Interstate 94 west to State River north to Iowa State Route 175; Iowa f. Pursuant to Section 7(f)(2) of the State Route 175 east to Iowa State Route 37; Route 1; State Route 1 south to the Dickey Iowa State Route 37 southeast to the eastern County line; Act, the following geographic area, in Monona County line; Bounded on the South by the southern the State of Iowa, is assigned to Tischer. Bounded on the East by the eastern Dickey County line west to U.S. Route 281; U.S. Route 281 north to the Lamoure County Bounded on the North by Iowa-Minnesota Monona County line; the southern Monona State line from U.S. Route 71 east to U.S. County line west to Iowa State Route 183; line; the southern Lamoure County line; the southern Logan County line west to State Route 169; Iowa State Route 183 south to the Route 13; State Route 13 west to U.S. Route Bounded on the East by U.S. Route 169 Pottawattamie County line; the northern and 83; U.S. Route 83 south to the Emmons south to State Route 9; State Route 9 west to eastern Pottawattamie County lines; the County line; the southern Emmons County U.S. Route 169; U.S. Route 169 south to the southern Pottawattamie County line west to line; the southern Sioux County line west northern Humboldt County line; the M47; M47 south to Iowa State Route 48; Iowa State Route 49; State Route 49 north to State Humboldt County line east to State Route 17; State Route 48 south to the Montgomery Route 21; State Route 21 west to the State Route 17 south to C54; C54 east to U.S. County line; Burlington-Northern (BN) line; the Route 69; U.S. Route 69 south to the northern Bounded on the South by the southern Burlington-Northern (BN) line northwest to Hamilton County line; the Hamilton County Montgomery County line; the southern Mills State Route 22; State Route 22 south to U.S. line west to R38; R38 south to U.S. Route 20; County line west to Interstate 29; Interstate Route 12; U.S. Route 12 west-northwest to U.S. Route 20 west to the eastern and 29 north to U.S. Route 34; U.S. Route 34 west the North Dakota State line; and southern Webster County lines to U.S. Route to the Missouri River; the Missouri River Bounded on the West by the western North 169; U.S. Route 169 south to E18; E18 west north to the Sarpy County line (in Nebraska); Dakota State line north to Interstate 94. to the eastern Greene County line; the Greene the southern Sarpy County line; the southern The following grain elevators, located County line south to U.S. Route 30; Saunders County line west to U.S. Route 77; outside of the above contiguous geographic and Bounded on the South by U.S. Route 30 area, are part of this geographic area west to E53; E53 west to N44; N44 north to Bounded on the West by U.S. Route 77 assignment: Farmers Coop Elevator, north to the Platte River; the Platte River U.S. Route 30; U.S. Route 30 west to U.S. Fessenden, Farmers Union Elevator, and Route 71; and southeast to the Douglas County line; the Manfred Grain, both in Manfred, all in Wells northern Douglas County line east; the Bounded on the West by U.S. Route 71 County (located inside Grand Forks Grain north to the Iowa-Minnesota State line. western Washington County line northwest Inspection Department, Inc.’s, area); and to Nebraska State Route 91. Norway Spur, and Oakes Grain, both in The following grain elevators, located The following grain elevators, located Oakes, Dickey County (located inside North outside of the above contiguous geographic outside of the above contiguous Dakota Grain Inspection Service, Inc.’s, area). geographic area, are part of this area, are part of this geographic area Jamestown’s assigned geographic area does assignment: T&K Evans, Elliot, Montgomery not include the following grain elevators geographic area assignment: Farmers County, Iowa; Hemphill Feed & Grain, and inside Jamestown’s area which have been Co-op Elevator, Boxholm, Boone County Hansen Feed & Grain, both in Griswold, Cass and will continue to be serviced by the (located inside Central Iowa Grain County, Iowa (located inside Central Iowa following official agency: Minot Grain Inspection Service, Inc.’s, area); and Grain Inspection Service, Inc.’s, area); Inspection, Inc.: Benson Quinn Company, West Bend Elevator Co., Algona, Farmers Coop Business Assn., Rising City, Underwood; and Missouri Valley Grain Kossuth County; Stateline Coop., Burt, Butler County, Nebraska; Farmers Coop Company, Washburn, all in McLean County. Business Assn. (2 elevators), Shelby, Polk Kossuth County; Gold-Eagle, Goldfield, County, Nebraska (located inside Fremont e. Pursuant to Section 7(f)(2) of the Wright County; and Farmers Co-op Grain Inspection Department, Inc.’s, area); Act, the following geographic area, in Elevator, Holmes, Wright County and Goode Seed & Grain, McPaul, Fremont the States of Iowa, Nebraska, and South (located inside D. R. Schaal Agency’s County, Iowa; Lincoln Grain, Murray, Cass Dakota, is assigned to Sioux City. area).

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2. Opportunity for Designation. 44978, August 29, 1995), this notice crops; and sows farrowing intentions for Interested persons, including Lincoln, announces the National Agricultural the coming 6 months in 3-month Memphis, Omaha, Jamestown, Sioux Statistics Service’s (NASS) intention to intervals. City, and Tischer, are hereby given the request an extension for and revision to Hog producers have requested that opportunity to apply for designation to a currently approved information NASS discontinue asking the questions provide official services in the collection, the Agricultural Surveys on market hogs by weight groups since geographic areas specified above under Program. it is difficult for them to accurately the provisions of Section 7(f) of the Act DATES: Comments on this notice must be provide the information. Responses to and section 800.196(d) of the received by December 6, 1999 to be the weight group questions are often the regulations issued thereunder. Persons assured for consideration. producers’ best estimates since their record keeping systems generally do not wishing to apply for designation should ADDITIONAL INFORMATION OR COMMENTS: readily provide the information. Plans contact the Compliance Division at the Contact Rich Allen, Associate are for the Quarterly Hog Survey to address listed above for forms and Administrator, National Agricultural continue to provide information on total information. Statistics Service, U.S. Department of market hogs, and monthly and quarterly Agriculture, 1400 Independence Avenue DESIGNATION TERMS pig crops. Data users can utilize SW, Room 4117 South Building, monthly pig crop data in lieu of Washington, D.C. 20250–2000, (202) marketing hog weight group data to get Lincoln, Memphis, 720–4333. and Omaha ..... 05/01/2000±03/31/2003 an indication of hog supplies coming to SUPPLEMENTARY INFORMATION: Jamestown, Sioux market over the next six months. City, and Title: Agricultural Surveys Program. Publication of the market hog weight Tischer ...... 07/01/2000±03/31/2003 OMB Number: 0535–0213. groups will be discontinued starting Expiration Date of Approval: with the June 23, 2000 Hog Report. 3. Request for Comments November 30, 2000. A second revision to the program is Type of Request: Intent to extend and the addition of questions regarding GIPSA also is publishing this notice revise a currently approved information to provide interested persons the sheep and goat losses to predators and collection. non-predators, methods being used to opportunity to present comments on the Abstract: The National Agricultural Lincoln, Memphis, Omaha, Jamestown, reduce these losses, and the cost of Statistics Service is responsible for these preventative measures. These Sioux City, and Tischer official collecting and issuing state and national agencies. Commenters are encouraged to additional questions will be asked only estimates of crop and livestock in January 2000. Aggregated totals will submit pertinent data concerning the production, grain stocks, farm numbers, Lincoln, Memphis, Omaha, Jamestown, be provided to the USDA’s Animal and land values, on-farm pesticide usage, Plant Health Inspection Service action Sioux City, and Tischer official agencies and pest crop management practices. including information on the timeliness, agency, Wildlife Services. These data The Agricultural Surveys Program will be used by Wildlife Services to help cost, quality, and scope of services contains a series of surveys that obtains provided. All comments must be identify the causes of livestock losses. basic agricultural data from farmers and The third revision is the addition of submitted to the Compliance Division at ranchers throughout the Nation for the above address. three questions to the Fall Area and preparing agricultural estimates and January Cattle Surveys and one question Applications, comments, and other forecasts of crop acreages, yield, and available information will be considered to the January Sheep and Goat Survey. production; stocks of grains and These questions will be asked annually in determining which applicant will be soybeans; hog and pig numbers; sheep designated. in selected states. The cattle questions inventory and lamb crop; cattle will provide additional detail regarding Authority: Pub. L. 94–582, 90 Stat. 2867, inventory; and cattle on feed. Grazing the expected calf crop and animal as amended (7 U.S.C. 71 et seq.). fees, land values, pesticide usage, and slaughter practices. The additional goat Dated: September 22, 1999. pest management practices data are also question will help differentiate the Neil E. Porter, collected. breeding goals of Angora goat producers Director, Compliance Division. Uses of the statistical information are between meat and wool production. [FR Doc. 99–25360 Filed 9–30–99; 8:45 am] extensive and varied. Producers, farm The Agricultural Surveys Program has BILLING CODE 3410±EN±P organizations, agribusinesses, state and approval from OMB for a 3-year period. national farm policy makers, and NASS intends to request that the government agencies are important program be approved for another 3 DEPARTMENT OF AGRICULTURE users of these statistics. Agricultural years. statistics are used to plan and These data are collected under the National Agricultural Statistics Service administer other related Federal and authority of 7 U.S.C. 2204(a). state programs in such areas as Notice of Intent To Extend and Revise Individually identifiable data collected consumer protection, conservation, under this authority are governed by a Currently Approved Information foreign trade, education and recreation. Collection Section 1770 of the Food Security Act One important part of this program, of 1985, 7 U.S.C. 2276, which requires AGENCY: National Agricultural Statistics the Quarterly Hog Survey, is being USDA to afford strict confidentiality to Service, USDA. revised to discontinue collecting and non-aggregated data provided by ACTION: Notice and request for publishing the market hog inventory by respondents. comments. weight groups. Currently, the Quarterly Estimate of Burden: Public reporting Hog Survey collects information on the burden for this collection of information SUMMARY: In accordance with the inventory of total hogs, breeding hogs, is estimated to average 15 minutes per Paperwork Reduction Act of 1995 (Pub. market hogs by weight groups, (under response. L. No. 104–13) and Office of 60 pounds, 60 to 119 pounds, 120–179 Respondents: Farms. Management and Budget (OMB) pounds, and over 180 pounds); monthly Estimated Number of Respondents: regulations at 5 CFR Part 1320 (60 FR and quarterly sows farrowing and pig 547,000.

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Estimated Total Annual Burden on FOR FURTHER INFORMATION CONTACT: Rick is necessary for the proper performance Respondents: 139,000 hours. Bonnet, Senior Commercial Loan of the functions of RBS, including Copies of this information collection Specialist, Business Programs whether the information will have and related instructions can be obtained Processing Division, Rural Business- practical utility; (b) the accuracy of without charge from Larry Gambrell, the Cooperative Service, U.S. Department of RBS’s estimate of the burden of the Agency OMB Clearance Officer, at (202) Agriculture, STOP 3221, 1400 proposed collection of information 720–5778. Independence Avenue SW, Washington, including the validity of the Comments: Comments are invited on: DC 20250–3221, Telephone (202) 720– methodology and assumptions used; (c) (a) whether the proposed collection of 1804, E-mail ways to enhance the quality, utility and information is necessary for the proper ‘‘[email protected]’’. clarity of the information to be performance of the functions of the SUPPLEMENTARY INFORMATION: collected; and (d) ways to minimize the agency, including whether the Title: Guaranteed Loanmaking— burden of the collection of information information will have practical utility; Business and Industry Loans. on those who are to respond, including (b) the accuracy of the agency’s estimate OMB Number: 0570–0017. through the use of appropriate of the burden of the proposed collection Expiration Date of Approval: automated, electronic, mechanical, or of information including the validity of September 30, 1999. other technological collection the methodology and assumptions used; Type of Request: Extension of techniques or other forms of information (c) ways to enhance the quality, utility, Currently Approved Information technology. Comments may be sent to and clarity of the information to be Collection. Cheryl Thompson, Regulations and collected; and (d) ways to minimize the Abstract: The purpose of the program Paperwork Management Branch, U.S. burden of the collection of information is to improve, develop, or finance Department of Agriculture, Rural on those who are to respond, such as businesses, industries, and employment Development, STOP 0742, 1400 through the use of appropriate and improve the economic and Independence Ave. SW, Washington, automated, electronic, mechanical, or environmental climate in rural DC 20250–0742. All responses to this other technological collection communities. This purpose is achieved notice will be summarized and included techniques or other forms of information through bolstering the existing private in the request for OMB approval. All technology. Comments may be sent to: credit structure through the comments will also become a matter of Larry Gambrell, Agency OMB Clearance guaranteeing of quality loans made by public record. Officer, U.S. Department of Agriculture, lending institutions, thereby providing Dated: September 15, 1999. 1400 Independence Avenue SW, Room lasting community benefits. This 4162 South Building, Washington, D.C. subpart contains requirements William F. Hagy III, 20250–2000. All responses to this notice applicable to Business and Industry Acting Administrator, Rural Business- will be summarized and included in the Loan Program loans administered by the Cooperative Service. request for OMB approval. All Agency. [FR Doc. 99–25552 Filed 9–30–99; 8:45 am] comments will also become a matter of Information being collected from BILLING CODE 3410±XY±P public record. lenders on guaranteed loan borrowers is Signed at Washington, D.C., September 13, typically collected by lenders. There are 1999. no new data collection requirements COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR Rich Allen, contained in the renewal notice. In contrast to the burden package approved SEVERELY DISABLED Associate Administrator, National Agricultural Statistics Service. in 1996, the estimates no longer include burden hours for customary and usual Procurement List; Proposed Deletion [FR Doc. 99–25515 Filed 9–30–99; 8:45 am] business practices. However, the total AGENCY BILLING CODE 3410±20±P : Committee for Purchase From burden hours are higher because of a People Who Are Blind or Severely significant increase in the program Disabled. DEPARTMENT OF AGRICULTURE funding level. ACTION: Proposed deletion from Estimate of Burden: Public reporting Procurement List. Rural Business-Cooperative Service for this collection of information is estimated to average 3.4 hours per SUMMARY: The Committee has received a Notice of Request for Extension of a response. proposal to delete a commodity Currently Approved Information Respondent: Business or other for- previously furnished by nonprofit Collection profit; State, Local or Tribal agencies employing persons who are Government. blind or have other severe disabilities. AGENCY: Rural Business-Cooperative Estimated Number of Respondents: Service, USDA. COMMENTS MUST BE RECEIVED ON OR 6,350. BEFORE: November 1, 1999. ACTION: Proposed collection; comments Estimated Number of Responses per ADDRESSES: Committee for Purchase requested. Respondent: 1. From People Who Are Blind or Severely Estimated Number of Responses: SUMMARY Disabled, Crystal Gateway 3, Suite 310, : In accordance with the 6,350. Paperwork Reduction Act of 1995, this Estimated Total Annual Burden on 1215 Jefferson Davis Highway, notice announces the Rural Business- Respondents: 21,385 hours. Arlington, Virginia 22202–4302. Cooperative Service’s intention to Copies of this information collection FOR FURTHER INFORMATION CONTACT: request an extension for a currently can be obtained from Cheryl Thompson, Beverly Milkman (703) 603–7740. approved information collection in Regulations and Paperwork SUPPLEMENTARY INFORMATION: support of the Business and Industry Management Branch, at (202) 692–0043. I certify that the following action will Guaranteed Loan Program. not have a significant impact on a DATES: Comments on this notice must be Comments substantial number of small entities. received by November 30, 1999, to be Comments are invited on: (a) Whether The major factors considered for this assured of consideration. the proposed collection of information certification were:

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1. The action will not result in any Committee has determined that the 2. The action will not have a severe additional reporting, recordkeeping or commodities and services listed below economic impact on future contractors other compliance requirements for small are suitable for procurement by the for the commodities and services. entities. Federal Government under 41 U.S.C. 3. The action may result in 2. The action will result in 46–48c and 41 CFR 51–2.4. authorizing small entities to furnish the authorizing small entities to furnish the I certify that the following action will commodities and services to the commodity to the Government. not have a significant impact on a Government. 3. There are no known regulatory substantial number of small entities. 4. There are no known regulatory alternatives which would accomplish The major factors considered for this alternatives which would accomplish the objectives of the Javits-Wagner- certification were: the objectives of the Javits-Wagner- O’Day Act (41 U.S.C. 46–48c) in 1. The action will not result in any O’Day Act (41 U.S.C. 46–48c) in connection with the commodity deleted additional reporting, recordkeeping or connection with the commodities and from the Procurement List. other compliance requirements for small services deleted from the Procurement The following commodity has been entities other than the small List. proposed for deletion from the organizations that will furnish the After consideration of the relevant Procurement List: Cover Assembly, commodities and services to the matter presented, the Committee has Generator 2805–00–356–1985. Government. determined that the commodities and Beverly L. Milkman, 2. The action will not have a severe services listed below are no longer Executive Director. economic impact on current contractors suitable for procurement by the Federal [FR Doc. 99–25579 Filed 9–30–99; 8:45 am] for the commodities and services. Government under 41 U.S.C. 46–48c BILLING CODE 6353±01±P 3. The action will result in and 41 CFR 51–2.4. authorizing small entities to furnish the commodities and services to the Accordingly, the following COMMITTEE FOR PURCHASE FROM Government. commodities and services are hereby deleted from the Procurement List: PEOPLE WHO ARE BLIND OR 4. There are no known regulatory SEVERELY DISABLED alternatives which would accomplish Commodities the objectives of the Javits-Wagner- Ladder, Extension (Wood) 5440–00– Procurement List; Additions and O’Day Act (41 U.S.C. 46–48c) in 242–1000 Deletions connection with the commodities and Stepladder 5440–00–531–2589 services proposed for addition to the AGENCY: Committee for Purchase From Ammonia Inhalant Solution, Procurement List. People Who Are Blind or Severely Aromatic 6505–00–106–0875 Disabled. Accordingly, the following commodities and services are hereby Brush, Floor Sweeping 7920–00–292– ACTION: Additions to and deletions from added to the Procurement List: 2362 7920–00–292–2363 7920–00– the procurement list. 292–2365 Commodities Brush, Scrub 7920–00–951–8795 SUMMARY: This action adds to the 3 Pack Nylon Scouring Pad Procurement List commodities and M.R. 568 Brush, Wire, Scratch 7920–00–269– services to be furnished by nonprofit ‘‘Welcome Aboard’’ Baby Gift Bag 0933 agencies employing persons who are M.R. 19525 Brush, Wire, Stainless Steel 7920–00– blind or have other severe disabilities, Services 958–1157 and deletes from the Procurement List Commissary Shelf Stocking, Custodial Services commodities and services previously and Warehousing, Fort Knox, Administrative Services Social furnished by such agencies. Kentucky Security Administration Oxmoor EFFECTIVE DATE: November 1, 1999. Cutting and Assembly of FTESFB South Industrial Park Birmingham, ADDRESSES: Committee for Purchase System for F–15 1560–01–458–2610 Alabama From People Who Are Blind or Severely (#3 Fuel Tank), 1560–01–458–6193 Commissary Shelf Stocking & Disabled, Crystal Gateway 3, Suite 310, (Left Auxiliary Fuel Tank), Robins Custodial Fort Devens, 1215 Jefferson Davis Highway, Air Force Base, Georgia Massachusetts Arlington, Virginia 22202–4302. Switchboard Operation Department of Janitorial/Custodial Fort Ritchie, FOR FURTHER INFORMATION CONTACT: Veterans Affairs New Jersey Health Maryland Care System 151 Knollcroft Road Beverly Milkman (703) 603–7740. Janitorial/Custodial U.S. Federal Lyons, New Jersey SUPPLEMENTARY INFORMATION: On July 2, Building and Courthouse 301 South and 23, August 6, 13, and 20, 1999, the This action does not affect current Park Avenue Helena, Montana Committee for Purchase From People contracts awarded prior to the effective Janitorial/Custodial Allison Park U.S. Who Are Blind or Severely Disabled date of this addition or options that may Army Reserve Center #2 Buildings 1 published notices (64 FR 35987, 39968, be exercised under those contracts. and 5 Allison Park, Pennsylvania 42902, 44197, 44198 and 45506) of Deletions Janitorial/Custodial, Federal Center proposed additions to and deletions Buildings 603, 604, 605, 606, 607, from the Procurement List: I certify that the following action will not have a significant impact on a 608, 608A, 609, 610, 611, 612, 613, Additions substantial number of small entities. 613A, 615, 616, 617, 618, 619, 620, After consideration of the material The major factors considered for this 621 and 624 Walla Walla, presented to it concerning capability of certification were: Washington qualified nonprofit agencies to provide 1. The action may not result in any Beverly L. Milkman, the commodities and services and additional reporting, recordkeeping or Executive Director. impact of the additions on the current other compliance requirements for small [FR Doc. 99–25580 Filed 9–30–99; 8:45 am] or most recent contractors, the entities. BILLING CODE 6353±01±P

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COMMISSION ON CIVIL RIGHTS D–1340PR, D–1360, D–1360PR, D– Avenue, NW, Washington, DC 20230 (or 1309(L), D–1309(L)(S), D–1309(L)PR, D– via the Internet at [email protected]). Agenda and Notice of Public Meeting 31(A.C.E.), D–31(A.C.E.)PR. Written comments and of the West Virginia Advisory Agency Approval Number: Not recommendations for the proposed Committee available. information collection should be sent Notice is hereby given, pursuant to Type of Request: New collection. within 30 days of publication of this the provisions of the rules and Burden: 103,162 hours. notice to Susan Schechter, OMB Desk regulations of the U.S. Commission on Number of Respondents: 315,000. Officer, room 10201, New Executive Civil Rights, that a meeting of the West Avg Hours Per Response: 7 minutes. Office Building, Washington, DC 20503. Virginia Advisory Committee to the Needs and Uses: The Census Bureau Dated: September 28, 1999. Commission will convene at 12:30 p.m. requests approval from the Office of Linda Engelmeier, and adjourn at 5:00 p.m. on October 21, Management and Budget for clearance Departmental Forms Clearance Officer, Office 1999, at the State Capitol Building, of the forms to be used in connection of the Chief Information Officer. Governor’s Conference Room (Office of with the housing unit and person [FR Doc. 99–25608 Filed 9–30–99 8:45 am] interview activities of the Census 2000 the Secretary of State—Room 157), 1900 BILLING CODE 3510±07±P Kanawha Boulevard East, Charleston, Accuracy and Coverage Evaluation West Virginia 25305. The Committee (A.C.E.). The A.C.E. is a national survey will review developments since its two of sample block clusters within the 50 DEPARTMENT OF COMMERCE community forums and discuss its states, the District of Columbia, and future report to the Commission. In Puerto Rico. The Census Bureau Submission For OMB Review; preparation for its next forum in developed the A.C.E. approach for Comment Request Charleston, the Committee will hear measuring coverage of the population in DOC has submitted to the Office of from invited guests on civil rights the decennial census. In A.C.E., we Management and Budget (OMB) for topics, including police-community independently count a sample of clearance the following proposal for relations, State and local assistance to housing units and the people living in collection of information under the persons with disabilities, and religion in those units, then compare those results provisions of the Paperwork Reduction public schools. to the census. We then use this Act (44 U.S.C. chapter 35). Persons desiring additional comparative information to produce information, or planning a presentation final estimates of the coverage for Agency: U.S. Census Bureau. to the Committee, should contact Census 2000. The A.C.E. approach was Title: Service Annual Survey. Committee Chairperson Gregory T. tested in three sites during the Census Form Number(s): Numerous. Hinton, 304–367–4244, or Ki-Taek 2000 Dress Rehearsal. The A.C.E. was Agency Approval Number: 0607– Chun, Director of the Eastern Regional formerly referred to as the Post- 0422. Office, 202–376–7533 (TDD 202–376– Enumeration Survey (PES) in the Type of Request: Revision of a 8116). Hearing-impaired persons who Census 2000 Dress Rehearsal. currently approved collection. will attend the meeting and require the The Independent Listing Operation is Burden: 60,072 hours. services of a sign language interpreter the first data collection step in the Number of Respondents: 78,000. should contact the Regional Office at A.C.E. process. It will be used to obtain Avg Hours Per Response: 1 hour 30 least ten (10) working days before the a complete housing unit inventory of all minutes. scheduled date of the meeting. addresses within the Census 2000 Needs and Uses: The Census Bureau The meeting will be conducted A.C.E. sample of block clusters before seeks Office of Management and Budget pursuant to the provisions of the rules the Census 2000 enumeration (OMB) authorization to combine and regulations of the Commission. commences. The materials for the information that is currently collected Independent Listing were approved under three separate surveys into one Dated at Washington, DC, September 22, 1999. under OMB control number 0607–0863. program. With the implementation of This request is for clearance of the the North American Industry Carol-Lee Hurley, remainder of the Census 2000 A.C.E. Classification System (NAICS), we plan Chief, Regional Programs Coordination Unit. activities to be performed. They are: to combine the Transportation Annual [FR Doc. 99–25523 Filed 9–30–99; 8:45 am] Housing Unit Follow-up; Targeted Survey (TAS) (OMB #0607–0798) and BILLING CODE 6335±01±P Extended Search Field Follow-up; CAPI the Annual Survey of Communication Person Interview; Person Follow-up; Services (ASCS) (OMB #0607–0706) into and Final Housing Unit Follow-up. The the Service Annual Survey (SAS). This DEPARTMENT OF COMMERCE results of these activities will be used to revision also will include industry estimate coverage in Census 2000. coverage in sectors not previously Submission For OMB Review; Affected Public: Individuals and covered in SAS. This will facilitate the Comment Request households. collection, tabulation, presentation, and DOC has submitted to the Office of Frequency: One time. data analysis relating to firms. It also Management and Budget (OMB) for Respondent’s Obligation: Mandatory. will promote uniformity and clearance the following proposal for Legal Authority: 13 USC, Sections comparability in the presentation of collection of information under the 141, 193, and 221. statistical data describing the economy. provisions of the Paperwork Reduction OMB Desk Officer: Susan Schechter, The SAS provides dollar volume Act (44 U.S.C. chapter 35). (202) 395–7313. estimates of the total output of services Agency: U.S. Census Bureau. Copies of the above information sector firms in the United States. The Title: Census 2000 Accuracy and collection proposal can be obtained by data produced are critical to the Coverage Evaluation, Housing Unit and calling or writing Linda Engelmeier, accurate measurement of total economic Person Interview Activities. DOC Forms Clearance Officer, (202) activity. We will collect information for Form Number(s): D–1301, D–1301(S), 482–3272, Department of Commerce, both 1998 and 1999 to ensure a D–1301PR, D–1303, D–1303PR, D–1340, room 5027, 14th and Constitution consistent NAICS time series, beginning

VerDate 22-SEP-99 18:00 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\01OCN1.XXX pfrm01 PsN: 01OCN1 53318 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Notices with the 1997 Economic Census information collection should be sent to revoke three antidumping duty orders forward. within 30 days of publication of this in part. The Bureau of Economic Analysis, the notice to Susan Schechter, OMB Desk EFFECTIVE DATE: October 1, 1999. primary Federal user, uses survey Officer, room 10201, New Executive information to develop the national Office Building, Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: income and product accounts, compile Dated: September 28, 1999. Holly A. Kuga, Office of AD/CVD benchmark and annual input-output Linda Engelmeier, Enforcement, Import Administration, tables, and compute gross domestic International Trade Administration, product (GDP) by industry. The Bureau Departmental Forms Clearance Officer, Office of the Chief Information Officer. U.S. Department of Commerce, 14th of Labor Statistics uses these data as [FR Doc. 99–25609 Filed 9–30–99; 8:45 am] Street and Constitution Avenue, N.W., inputs to its Producer Price Indexes and Washington, D.C. 20230, telephone: BILLING CODE 3510±07±P in developing productivity (202) 482–4737. measurements. Other Federal agencies use the data for gauging regulatory SUPPLEMENTARY INFORMATION: DEPARTMENT OF COMMERCE impact, policy development and Background program development, management and International Trade Administration evaluation. International agencies use The Department has received timely the data to compare total domestic Initiation of Antidumping and requests, in accordance with 19 CFR output to changing international Countervailing Duty Administrative 351.213(b) (1997), for administrative activity. Private industry also uses these Reviews and Requests for Revocation reviews of various antidumping and data as a tool for marketing analysis. in Part countervailing duty orders and findings Affected Public: Businesses or other with August anniversary dates. The AGENCY: Import Administration, for-profit, not-for-profit institutions. Department also received timely International Trade Administration, Frequency: Annually. requests to revoke in part the Department of Commerce. Respondent’s Obligation: Mandatory. antidumping duty orders on brass sheet Legal Authority: Title 13 USC, ACTION: Notice of Initiation of and strip from the Netherlands, pure Sections 182, 224, and 225. Antidumping and Countervailing Duty OMB Desk Officer: Susan Schechter, magnesium from Canada and sulfanilic Administrative Reviews and Requests acid from the People’s Republic of (202) 395–7313. for Revocation in Part. Copies of the above information China. collection proposal can be obtained by SUMMARY: The Department of Commerce Initiation of Reviews calling or writing Linda Engelmeier, (the Department) has received requests DOC Forms Clearance Officer, (202) to conduct administrative reviews of In accordance with section 19 CFR 482–3272, Department of Commerce, various antidumping and countervailing 351.221(c)(1)(i), we are initiating room 5027, 14th and Constitution duty orders and findings with August administrative reviews of the following Avenue, NW, Washington, DC 20230 (or anniversary dates. In accordance with antidumping and countervailing duty via the Internet at [email protected]). the Department’s regulations, we are orders and findings. We intend to issue Written comments and initiating those administrative reviews. the final results of these reviews not recommendations for the proposed The Department also received requests later than August 31, 2000.

Period to be reviewed

Antidumping duty proceedings Argentina: Oil Country Tubular Goods, A±357±810 ...... 8/1/98±7/31/99 Siderca S.A.I.C. Belgium: Industrial Phosphoric Acid, A±423±602 ...... 8/1/98±7/31/99 Societe Chimique Prayon-Rupel Canada: Cut-to-Length Carbon Steel Plate, A±122±823 ...... 8/1/98±7/31/99 Stelco, Inc. Clayson Steel Inc. Canada: Corrosion-Resistant Carbon Steel, A±122±822, Flat Products ...... 8/1/98±7/31/99 Stelco, Inc., Continuous Colour Coat, Ltd. Dofasco, Inc. Sorevco, Inc. DNN Galvanizing Corp. Canada: Pure Magnesium, A±122±814 ...... 8/1/98±7/31/99 Norsk Hydro Canada Inc. France: Industrial Nitrocellulose, A±427±009 ...... 8/1/98±7/31/99 Begerac, N.C. Germany: Cut-to-Length Carbon Steel Plate, A±428±816 ...... 8/1/98±7/31/99 Novosteel SA Italy: Grain-Oriented Electrical Steel, A±475±811 ...... 8/1/98±7/31/99 Acciai Speciali Terni S.p.A. Japan: Certain Corrosion-Resistant Carbon Steel Flat Products, A±588±824 ...... 8/1/98±7/31/99 Nippon Steel Corporation Kawasaki Steel Corporation Japan: Oil Country Tubular Goods, A±588±835 ...... 8/1/98±7/31/99 Hallmark Tubulars Ltd. Itochu Corporation Itochu Project Management Corp.

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Period to be reviewed

Nippon Steel Corp. Sumitomo Metal Industries, Ltd. Mexico: Cut-to-Length Carbon Steel Plate, A±202±809 ...... 8/1/98±7/31/99 Altos Hornos de Mexico S.A. de C.V. Mexico: Gray Portland Cement and Clinker, A±201±802 ...... 8/1/98±7/21/99 CEMEX, S.A.. de C.V. Cementos de Chihuahua, S.A. de C.V. Apasco, S.A. de C.V. Mexico: Oil Country Tubular Goods, A±201±817 ...... 8/1/98±7/31/99 Hylsa, S.A. de C.V. Tubos de Acero de Mexico S.A. Republic of Korea: Cold-Rolled Carbon Steel Flat Products, A±580±815 ...... 8/1/98±7/31/99 Dongbu Steel Co., Ltd. Pohang Iron and Steel Co., Ltd. Union Steel Manufacturing Co., Ltd. Republic of Korea: Corrosion-Resistant Carbon Steel Flat Products, A±580±816 ...... 8/1/98±7/31/99 Dongbu Steel Co., Ltd. Pohang Iron and Steel Co., Ltd. Union Steel Manufacturing Co., Ltd. Republic of Korea: Oil Country Tubular Goods, A±580±825 ...... 8/1/98±7/31/99 SeAH Steel Corporation Romania: Cut-to-Length Carbon Steel Plate, A±485±803 ...... 8/1/98±7/31/99 Sidex, S.A./Metalexportimport, S.A. The Netherlands: Brass Sheet & Strip, A±421±701 ...... 8/1/98±7/31/99 Outokumpu Copper Strip B.V. The Netherlands: Cold-Rolled Carbon Steel Flat Products, A±421±804 ...... 8/1/98±7/31/99 Hoogovens Staal BV The People's Republic of China: Sulfanilic Acid1, A±570±815 ...... 8/1/98±7/31/99 Boading Mancheng Zhenzing Chemical Plant Boading Yude Chemical Co., Ltd. The People's Republic of China: Petroleum Wax Candles 2, A±570±504 ...... 8/1/98±7/31/99 CNACC (Zhejiang Imports & Export Co., Ltd. Shanghai Ornate Candle Art Co., Ltd. China Overseas Trading Dalian Corp. Jilin Province Arts and Crafts China Hebei Boye Great Nation Candle Co., Ltd. Taizhou Sungod Gifts Co., Ltd. Zhejiang Native Produce & Animal By-Products Import & Export Corp. Cnart China Gifts Import & Export Corp. Liaoning Light Industrial Products Import & Export Corp. Jintan Foreign Trade Corp. Jiangsu Yixing Foreign Trade Corp. Tonglu Tiandi Zhongnam Candle China Packaging Import & Export Liaoning Co. Kwung's International Trade Co., Ltd. Shanghai Gift & Travel Products Imp. & Exp. Corp. Liaoning Native Product Import & Export Corporation Tianjin Native Produce Imp. & Exp. Group Corp. Ltd. Candle World Industrial Co. Fu Kit Shanghai Zhen Hua Universal Candle Company, Ltd. The United Kingdom: Cut-to-Length Carbon Steel Plate, A±412±814 ...... 8/1/98±7/31/99 British Steel plc Countervailing duty proceedings Canada: Alloy Magnesium, C±122±815 ...... 1/1/98±12/31/98 Norsk Hydro Canada Inc. Canada: Pure Magnesium, C±122±815 ...... 1/1/98±12/31/98 Norsk Hydro Canada Inc. Germany: Cut-to-Length Carbon Steel Plate, C±428±817 ...... 1/1/98±12/31/98 Novosteel SA Israel: Industrial Phosphoric Acid, C±508±605 ...... 1/1/98±12/31/98 Rotem Amfert Negev Ltd. Mexico: Cut-to-Length Carbon Steel Plate, C±201±810 ...... 1/1/98±12/31/98 Altos Hornos de Mexico S.A. de C.V. Republic of Korea: Cold-Rolled Carbon Steel Flat Products, C±580±818 ...... 1/1/98±12/31/98 Dongbu Steel Company Hyundai Co. Pohang Iron and Steel Company Union Steel Manufacturing Co., Ltd. Republic of Korea: Corrosion-Resistant Carbon Steel Flat Products, C±580±818 ...... 1/1/98±12/31/98

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Period to be reviewed

Dongbu Steel Company Hyundai Co. Pohang Iron and Steel Company Union Steel Manufacturing Co., Ltd. Suspension agreements None. 1 If one of the above named companies does not qualify for a separate rate, all other exporters of sulfanilic acid from the People's Republic of China who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part. 2 If one of the above named companies does not qualify for a separate rate, all other exporters of petroleum wax candles from the People's Republic of China who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part.

During any administrative review These initiations and this notice are (‘‘sunset’’) reviews of the antidumping covering all or part of a period falling in accordance with section 751(a) of the and countervailing duty orders or between the first and second or third Tariff Act of 1930, as amended (19 suspended investigations listed below. and fourth anniversary of the U.S.C. 1675(a)) and 19 CFR The International Trade Commission publication of an antidumping duty 351.221(c)(1)(i). (‘‘the Commission’’) is publishing order under section 351.211 or a Dated: September 24, 1999. concurrently with this notice its notices determination under section 351.218(d) Bernard T. Carreau, of Institution of Five-Year Reviews (sunset review), the Secretary, if covering these same orders. requested by a domestic interested party Deputy Assistant Secretary, Group II for AD/ CVD Enforcement. FOR FURTHER INFORMATION CONTACT: within 30 days of the date of publication Melissa G. Skinner or Martha V. of the notice of initiation of the review, [FR Doc. 99–25489 Filed 9–30–99; 8:45 am] BILLING CODE 3510±DS±M Douthit, Office of Policy, Import will determine whether antidumping Administration, International Trade duties have been absorbed by an Administration, U.S. Department of exporter or producer subject to the DEPARTMENT OF COMMERCE Commerce, at (202) 482–1560 or (202) review if the subject merchandise is 482–5050, respectively, or Vera Libeau, sold in the United States through an International Trade Administration Office of Investigations, U.S. importer that is affiliated with such International Trade Commission, at exporter or producer. The request must Initiation of Five-Year (``Sunset'') (202) 205–3176. include the name(s) of the exporter or Reviews; Notice producer for which the inquiry is SUPPLEMENTARY INFORMATION: AGENCY: Import Administration, requested. Initiation of Reviews For transition orders defined in International Trade Administration, section 751(c)(6) of the Act, the Department of Commerce. In accordance with 19 CFR 351.218 Secretary will apply paragraph (j)(1) of ACTION: Notice of Initiation of Five-Year (see Procedures for Conducting Five- this section to any administrative (‘‘Sunset’’) Reviews. year (‘‘Sunset’’) Reviews of review initiated in 1998 (19 CFR Antidumping and Countervailing Duty 351.213(j)(1–2)). SUMMARY: In accordance with section Orders, 63 FR 13516 (March 20, 1998)), Interested parties must submit 751(c) of the Tariff Act of 1930, as we are initiating sunset reviews of the applications for disclosure under amended (‘‘the Act’’), the Department of following antidumping and administrative protective orders in Commerce (‘‘the Department’’) is countervailing duty orders or suspended accordance with 19 CFR 351.305. automatically initiating five-year investigations:

DOC case No. ITC case No. Country Product

A±570±815 ...... A±538 ...... China Sulfanilic Acid. C±533±807 ...... C±318 ...... India Sulfanilic Acid. A±533±806 ...... A±561 ...... India Sulfanilic Acid. C±351±812 ...... C±314 ...... Brazil Hot-Rolled Lead & Bismuth Car- bon Steel Products. A351±811 ...... A±552 ...... Brazil Hot-Rolled Lead & Bismuth Car- bon Steel Products. A±427±804 ...... A±553 ...... France Hot-Rolled Lead & Bismuth Car- bon Steel Products. C±427±805 ...... C±315 ...... France Hot-Rolled Lead & Bismuth Car- bon Steel Products. C±428±812 ...... C±316 ...... Germany Hot-Rolled Lead & Bismuth Car- bon Steel Products. A±428±811 ...... A±554 ...... Germany Hot-Rolled Lead & Bismuth Car- bon Steel Products. C±412±811 ...... C±317 ...... United Kingdom Hot-Rolled Lead & Bismuth Car- bon Steel Products. A±412±810 ...... A±555 ...... United Kingdom Hot-Rolled Lead & Bismuth Car- bon Steel Products.

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Statute and Regulations eligibility to receive access to business Dated: September 27, 1999. Pursuant to sections 751(c) and 752 of proprietary information under APO can Robert S. LaRussa, the Act, an antidumping (‘‘AD’’) or be found at 19 CFR 351.304–306 (see Assistant Secretary for Import countervailing duty (‘‘CVD’’) order will Antidumping and Countervailing Duty Administration. be revoked, or the suspended Proceedings: Administrative Protective [FR Doc. 99–25622 Filed 9–30–99; 8:45am] investigation will be terminated, unless Order Procedures; Procedures for BILLING CODE 3510±DS±P revocation or termination would be Imposing Sanctions for Violation of a likely to lead to continuation or Protective Order, 63 FR 24391 (May 4, DEPARTMENT OF COMMERCE recurrence of (1) Dumping or a 1998)). countervailable subsidy, and (2) Information Required From Interested International Trade Administration Material injury to the domestic industry. Parties The Department’s procedures for the [A±357±007] conduct of sunset reviews are set forth Domestic interested parties (defined Final Results of Full Sunset Review: in Procedures for Conducting Five-year in 19 CFR 351.102 (1998)) wishing to Carbon Steel Wire Rod From Argentina (‘‘Sunset’’) Reviews of Antidumping and participate in the sunset review must Countervailing Duty Orders, 63 FR respond not later than 15 days after the AGENCY: Import Administration, 13516 (March 20, 1998) (‘‘Sunset date of publication in the Federal International Trade Administration, Regulations’’). Guidance on Register of the notice of initiation by Department of Commerce. methodological or analytical issues filing a notice of intent to participate. ACTION: Notice of Final Results of Full relevant to the Department’s conduct of The required contents of the notice of Sunset Review: Carbon Steel Wire Rod sunset reviews is set forth in the intent to participate are set forth in the from Argentina. Department’s Policy Bulletin 98:3— Sunset Regulations at 19 CFR Policies Regarding the Conduct of Five- SUMMARY: On May 28, 1999, the 351.218(d)(1)(ii). In accordance with the year (‘‘Sunset’’) Reviews of Department of Commerce (‘‘the Sunset Regulations, if we do not receive Antidumping and Countervailing Duty Department’’) published a notice of Orders; Policy Bulletin, 63 FR 18871 a notice of intent to participate from at preliminary results of the full sunset (April 16, 1998) (‘‘Sunset Policy least one domestic interested party by review of the antidumping duty order Bulletin’’). the 15-day deadline, the Department on carbon steel wire rod from Argentina will automatically revoke the order (64 FR 28975) pursuant to section 751(c) Filing Information without further review. of the Tariff Act of 1930, as amended As a courtesy, we are making If we receive a notice of intent to (‘‘the Act’’). We provided interested information related to sunset participate from a domestic interested parties an opportunity to comment on proceedings, including copies of the party, the Sunset Regulations provide our preliminary results. We received Sunset Regulations and Sunset Policy that all parties wishing to participate in comments from both domestic and Bulletin, the Department’s schedule of the sunset review must file substantive respondent interested parties. As a sunset reviews, case history information responses not later than 30 days after result of this review, the Department (e.g., previous margins, duty absorption the date of publication in the Federal finds that revocation of this order would determinations, scope language, import Register of the notice of initiation. The be likely to lead to continuation or volumes), and service lists, available to required contents of a substantive recurrence of dumping at the levels indicated in the Final Results of Review the public on the Department’s sunset response are set forth in the Sunset section of this notice. internet website at the following Regulations at 19 CFR 351.218(d)(3). address: ‘‘http://www.ita.doc.gov/ FOR FURTHER INFORMATION CONTACT: Note that certain information importladmin/records/sunset/’’. requirements differ for foreign and Scott E. Smith or Melissa G. Skinner, All submissions in the sunset review Office of Policy for Import domestic parties. Also, note that the must be filed in accordance with the Administration, International Trade Department’s information requirements Department’s regulations regarding Administration, U.S. Department of are distinct from the International Trade format, translation, service, and Commerce, 14th Street and Constitution certification of documents. These rules Commission’s information Avenue, NW, Washington, D.C. 20230; can be found at 19 CFR 351.303 (1998). requirements. Please consult the Sunset telephone: (202) 482–6397 or (202) 482– Also, we suggest that parties check the Regulations for information regarding 1560, respectively. the Department’s conduct of sunset Department’s sunset website for any EFFECTIVE DATE: October 1, 1999. updates to the service list before filing reviews.1 Please consult the any submissions. We ask that parties Department’s regulations at 19 CFR Part Statute and Regulations notify the Department in writing of any 351 (1998) for definitions of terms and This review was conducted pursuant additions or corrections to the list. We for other general information concerning to sections 751(c) and 752 of the Act. also would appreciate written antidumping and countervailing duty The Department’s procedures for the notification if you no longer represent a proceedings at the Department. conduct of sunset reviews are set forth party on the service list. This notice of initiation is being in Procedures for Conducting Five-year Because deadlines in a sunset review published in accordance with section (‘‘Sunset’’) Reviews of Antidumping and are, in many instances, very short, we 751(c) of the Act and 19 CFR 351.218(c). Countervailing Duty Orders, 63 FR urge interested parties to apply for 13516 (March 20, 1998) (‘‘Sunset access to proprietary information under 1 A number of parties commented that these Regulations’’) and in 19 CFR Part 351 administrative protective order (‘‘APO’’) interim-final regulations provided insufficient time (1998) in general. Guidance on immediately following publication in for rebuttals to substantive responses to a notice of methodological or analytical issues the Federal Register of the notice of initiation (Sunset Regulations, 19 CFR relevant to the Department’s conduct of 351.218(d)(4)). As provided in 19 CFR 351.302(b) initiation of the sunset review. The (1998), the Department will consider individual sunset reviews is set forth in the Department’s regulations on submission requests for extension of that five-day deadline Department’s Policy Bulletin 98:3— of proprietary information and based upon a showing of good cause. Policies Regarding the Conduct of Five-

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In its antidumping duty order is carbon steel imposition of the order. According to Preliminary Results, the Department wire rod from Argentina. This Acindar, the intervention of numerous noted that the establishment of this zero merchandise is currently classifiable events—Mercosur, NAFTA, the changes dumping margin was preceded by a under Harmonized Tariff Schedule of in the Argentine currency, and the significant reduction in import volumes the United States (HTSUS) item substantial changes in the wire rod of the subject merchandise. numbers 7213.20.00, 7213.31.30, industry in the United States and Furthermore, throughout the life of the 7213.39.00, 7213.41.30, 7213.49.00, and worldwide—all greatly weaken any order, import volumes have remained 7213.50.00. Although the item numbers inference that the rate of dumping substantially below their pre-imposition are provided for convenience and ‘‘likely to recur’’ is the rate of the order levels. This strongly customs purposes, the written hypothesized for Acindar in the early suggests to the Department that Acindar description remains dispositive. 1980’s. had to dramatically reduce its exports of Background The domestic interested parties, in subject merchandise to the United States in order to eliminate dumping On May 28, 1999, the Department their July 12, 1999, case brief, stated that and would be unable to sell significant issued the Preliminary Results of Full they agree with the Department’s quantities (e.g. pre-imposition Sunset Review: Carbon Steel Wire Rod Preliminary Results in this proceeding. quantities) of subject merchandise in the from Argentina (64 FR 28975) With respect to Acindar’s assertion, the United States and maintain a dumping (‘‘Preliminary Results’’). In our domestic interested parties, citing the margin of zero. Furthermore, the preliminary results, we found that SAA in their July 15, 1999, rebuttal Department notes that a zero or de revocation of the order would likely brief, state that the dumping margin minimis dumping margin, in itself, does result in the continuation or recurrence from the original investigation is the not require the Department to determine of dumping. In addition, we only rate that properly reflects the that continuation or recurrence of preliminarily determined that the behavior of exporters prior to the dumping is not likely nor does it magnitude of the margin of dumping issuance of the antidumping duty order. indicate to the Department that a zero or likely to prevail if the order were According to the domestic interested de minimis margin is the margin likely revoked was 119.11 percent for Acindar parties, Acindar’s request that the to prevail if the order were to be Industria Argentina de Aceros S.A. Department select another rate to report revoked. See section 772(c)(4)(A) of the (‘‘Acindar’’) and all others. to the Commission is in direct On July 12, 1999, within the deadline contradiction to the SAA. They argue Act. specified in 19 CFR 351.209(c)(1)(i), we that the rate from the original Final Results of Review received comments on behalf of Co- investigation is the most appropriate to As a result of this review, the Steel (formerly Raritan River Steel), GS report to the Commission. Lastly, the Department finds that revocation of the Industries, and North Star Steel domestic interested parties argue that antidumping duty order would be likely Company (collectively, the ‘‘domestic the age of margin the Department to lead to continuation or recurrence of interested parties’’), the domestic reports to the Commission is irrelevant dumping for the reasons set forth in our participants in this review, and on and that the rate from the original preliminary results of review. behalf of Acindar, the respondent in this investigation, regardless of how long ago Furthermore, for the reasons set forth in review. On July 15, 1999, within the the order was created, is most probative our preliminary results of review and as deadline specified in 19 CFR of the rate likely to prevail because it is discussed above, we find that the 351.309(d), the Department received the only rate which reflects the behavior margins calculated in the original rebuttal comments from the domestic of producers and/or exporters absent the investigation are probative of the interested parties. We have addressed discipline of the order. behavior of Argentine producers/ the comment received below. Department Position: The Department agrees with the domestic interested exporters of the subject merchandise. As Comment parties. The Department’s Sunset such, the Department will report to the Comment 1: Acindar, in its July 12, Regulations state that we will normally Commission the company-specific and 1999, case brief, states that they disagree provide the company-specific margin all others rates from the original with the Department’s Preliminary from the investigation for each company investigation listed below: Results in this sunset proceeding. regardless of whether the margin was Margin Acindar argues that the 119.11 percent calculated using a company’s own Manufacturer/exporter (percent) dumping margin to be reported to the information or based on best Commission by the Department is not information available or facts available. Acindar ...... 119.11 representative of the rate likely to As stated in our Preliminary Results, the All Others ...... 119.11 prevail if the order were revoked. rate assigned to Acindar in the original Acindar asserts that in a situation where investigation is the only one which This notice serves as the only the rate determined in the original reflects its behavior absent the reminder to parties subject to investigation is not a rate based on a discipline of the order and therefore is administrative protective order (‘‘APO’’) respondent’s own data, as exists in this the most appropriate to report to the of their responsibility concerning the case, that rate should not be reported by Commission as the margin likely to disposition of proprietary information Department. Furthermore, Acindar prevail if the order were to be revoked. disclosed under APO in accordance argues that the only administrative The Department finds no reason to with 19 CFR 351.305 of the

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Department’s regulations. Timely is extending the time limit for the final and the NV. Interested parties are notification of return/destruction of results to no later than March 6, 2000, invited to comment on these APO materials or conversion to judicial which is 180 days after the publication preliminary results. Parties who submit protective order is hereby requested. date in the Federal Register of the argument in these proceedings are Failure to comply with the regulations notice of preliminary results for this requested to submit with the argument and the terms of an APO is a review. The preliminary results were (1) a statement of the issues and (2) a sanctionable violation. published in the Federal Register on brief summary of the argument. This five-year (‘‘sunset’’) review and September 8, 1999. (64 FR 48788). EFFECTIVE DATE: October 1, 1999. notice are in accordance with sections Dated: September 22, 1999. 751(c), 752, and 777(i)(1) of the Act. FOR FURTHER INFORMATION CONTACT: Joseph A. Spetrini, Charles Ranado (NSK), Stephanie Dated: September 27, 1999. Deputy Assistant Secretary, Enforcement Arthur (Koyo), Deborah Scott (NTN or Robert S. LaRussa, Group III. Fuji), or Robert James, AD/CVD Assistant Secretary for Import [FR Doc. 99–25488 Filed 9–30–99; 8:45 am] Enforcement, Group III, Import Administration. BILLING CODE 3510±DS±P Administration, International Trade [FR Doc. 99–25626 Filed 9–30–99; 8:45 am] Administration, U.S. Department of BILLING CODE 3510±DS±P Commerce, 14th Street and Constitution DEPARTMENT OF COMMERCE Avenue, N.W., Washington, D.C. 20230, International Trade Administration telephone : (202) 482–3518, (202) 482– DEPARTMENT OF COMMERCE 6312, or (202) 482–2657, respectively. [A±588±054, A±588±604] International Trade Administration APPLICABLE STATUTE AND REGULATIONS: Unless otherwise indicated, all citations [A±570±815] Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, to the Tariff Act of 1930, as amended (the Act) are references to the provisions Notice of Extension of Time Limit for From Japan, and Tapered Roller effective January 1, 1995, the effective Antidumping Duty Administrative Bearings, Four Inches or Less in date of the amendments made to the Act Review of Sulfanilic Acid From the Outside Diameter, and Components by the Uruguay Rounds Agreements People's Republic of China Thereof, From Japan; Preliminary Results of Antidumping Duty Act. In addition, unless otherwise AGENCY: Import Administration, Administrative Reviews and Intent to indicated, all citations to the International Trade Administration, Revoke in-Part Department of Commerce’s (the Department of Commerce. Department’s) regulations are to 19 CFR AGENCY: Import Administration, EFFECTIVE DATE: Ocotber 1, 1999. Part 351 (1998). International Trade Administration, SUPPLEMENTARY INFORMATION: SUMMARY: The Department of Commerce Department of Commerce. (the Department) is extending the time ACTION: Notice of preliminary results of Background limit for the final results of the antidumping duty administrative On August 18, 1976, the Treasury antidumping duty administrative review reviews. Department published in the Federal of the antidumping order on sulfanilic SUMMARY: In response to requests by the Register (41 FR 34974) the antidumping acid from the People’s Republic of petitioner and one respondent, the finding on TRBs from Japan, and on China, covering the period August 1, Department of Commerce (the October 6, 1987, the Department 1997 through July 31, 1998. Department) is conducting published the antidumping duty order FOR FURTHER INFORMATION CONTACT: administrative reviews of the on TRBs from Japan (52 FR 37352). On Sean Carey or Dana Mermelstein, AD/ antidumping duty order on tapered October 9, 1998, the Department CVD Enforcement Office 7, Import roller bearings (TRBs) and parts thereof, published the notice of ‘‘Opportunity to Administration, International Trade finished and unfinished, from Japan (A– Request Administrative Review’’ for Administration, U.S. Department of 588-604), and of the antidumping both TRB cases covering the period Commerce, 14th Street and Constitution finding on TRBs, four inches or less in October 1, 1997 through September 30, Avenue, N.W., Washington, D.C. 20230, outside diameter, and components 1998 (63 FR 54440). telephone: (202) 482–3964 or (202) 482– thereof, from Japan (A–588–054). The In accordance with 19 CFR 351.213 3208, respectively. review of the A–588–054 finding covers (b)(1), the petitioner, the Timken SUPPLEMENTARY INFORMATION: Under two manufacturers/exporters and one Company (Timken), requested that we section 751(a)(3)(A) of the Tariff Act of reseller/exporter of the subject conduct a review of Koyo Seiko Co., 1930, as amended (the ‘‘Act’’), the merchandise to the United States during Ltd. (Koyo) and NSK Ltd. (NSK) in both Department may extend the deadline for the period October 1, 1997, through the A–588–054 and A–588–604 cases. completion of an administrative review September 30, 1998. The review of the Timken also requested that we conduct if it determines that it is not practicable A–588–604 order covers three a review of NTN Corporation (NTN) in to complete the review within the manufacturers/exporters and the period the A–588–604 TRB case. In addition, statutory time limit of 120 days after the October 1, 1997, through September 30, Fuji Heavy Industries (Fuji) requested date on which the notice of preliminary 1998. that the Department conduct a review in results was published in the Federal We preliminarily determine that sales the A–588–054 case, and in accordance Register. In the instant case, the of TRBs have been made below the with 19 CFR 351.222(e) requested that Department has determined that it is not normal value (NV) for all respondents this finding be revoked with respect to practicable to complete the review except Fuji. If these preliminary results Fuji. On November 30, 1998, we within the statutory time limit. See are adopted in our final results of published in the Federal Register a Memorandum from Joseph A. Spetrini administrative review, we will instruct notice of initiation of these antidumping to Robert S. LaRussa (September 22, the U.S. Customs Service to assess duty administrative reviews covering 1999). Therefore, pursuant to section antidumping duties based on the the period October 1, 1997 through 751(a)(3)(A) of the Act, the Department difference between United States price September 30, 1998 (63 FR 65748).

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Because it was not practicable to subject merchandise is sold in the Finished and Unfinished, from Japan, complete these reviews within the United States through an importer who and Tapered Roller Bearings, Four normal time frame, on May 7, 1999 we is affiliated with such foreign producer Inches or Less in Outside Diameter, and published in the Federal Register our or exporter (see also 19 CFR Components Thereof, from Japan; Final notice of the extension of the time limits 351.213(j)(1)). Section 751(a)(4) was Results of Antidumping Duty for both the A–588–054 and A–588–604 added to the Act by the URAA. Administrative Reviews, 63 FR 2558 1997–98 reviews (64 FR 24577). As a For transition orders as defined in (January 15, 1998)(1995–96 TRB Final). result of this extension, we extended the section 751(c)(6)(C) of the Act, i.e., Where Koyo’s margins were not deadline for these preliminary results to orders in effect as of January 1, 1995, determined on the basis of adverse facts September 20, 1999. section 351.213(j)(2) of the Department’s available (i.e., for non-further manufactured sales), we must presume Scope of the Reviews antidumping regulations provides that the Department will make a duty- that duties will be absorbed for those Imports covered by the A–588–054 absorption determination, if requested, sales which were dumped. Id. finding are sales or entries of TRBs, four for any administrative review initiated With respect to other respondents inches or less in outside diameter when in 1996 or 1998. This approach ensures with affiliated importers for whom we assembled, including inner race or cone that interested parties will have the did not apply adverse facts available assemblies and outer races or cups, sold opportunity to request a duty-absorption (NSK and NTN), we must presume that either as a unit or separately. This determination prior to the time for the duties will be absorbed for those merchandise is classified under sunset review of the order under section sales which were dumped. This Harmonized Tariff Schedule (HTS) item 751(c) of the Act on entries for which presumption of duty absorption can be numbers 8482.20.00 and 8482.99.15. the second and fourth years following rebutted with evidence that the Imports covered by the A–588–604 an order has already passed. Because unaffiliated purchasers in the United order include TRBs and parts thereof, the finding and order on TRBs have States will pay any ultimately assessed finished and unfinished, which are been in effect since 1976 and 1987, duty. Id. However, there is no such flange, take-up cartridge, and hanger respectively, they are transition orders evidence on the record. Under these units incorporating TRBs, and roller in accordance with section 751(c)(6)(C) circumstances, we preliminarily find housings (except pillow blocks) of the Act; therefore, based on the policy that antidumping duties have been incorporating tapered rollers, with or stated above, the Department will absorbed by NSK and NTN on the without spindles, whether or not for consider a request for an absorption percentages of U.S. sales indicated. If automotive use. Products subject to the determination during a review initiated interested parties wish to submit A–588–054 finding are not included in 1998. Accordingly, we are making a evidence that the unaffiliated within the scope of this order, except duty-absorption determination as part of purchasers in the United States will pay those manufactured by NTN. This these administrative reviews. any ultimately assessed duties, they merchandise is currently classifiable The statute provides for a must do so no later than 15 days after under HTS item numbers 8482.20.00, determination on duty absorption if the publication of these preliminary results. 8482.91.00, 8482.99.15, 8482.99.45, subject merchandise is sold in the Because we preliminarily determine 8483.20.40, 8483.20.80, 8483.30.80, United States through an affiliated that sales of TRBs have not been made 8483.90.20, 8483.90.30, and 8483.90.80. importer. In these cases, NTN, Koyo, below the normal value by Fuji, a duty The HTS item numbers listed above for NSK, and Fuji sold through importers absorption determination is not both the A–588–054 finding and the A– that are affiliated within the meaning of applicable. 588–604 order are provided for section 771(33) of the Act. Furthermore, convenience and Customs purposes. Vertification we have preliminarily determined that The written description remains As provided in section 782(i) of the there are margins for the following firms dispositive. Act, we verified information provided The period for each 1997–98 review is with respect to the percentages of their by Fuji and NSK, using standard October 1, 1997, through September 30, U.S. sales, by quantity, indicated below: verification procedures, including on- 1998. The review of the A–588–054 case Percentage of site inspection of the manufacturer’s covers TRB sales by two manufacturers/ U.S. affiliates' facilities, the examination of relevant Manufacturer/exporter sales with exporters (Koyo and NSK) and one reseller sales and financial records, and reseller/exporter (Fuji). The review of dumping selection of original documentation the A–588–604 case covers TRBs sales margins containing relevant information. Our by three manufacturers/exporters (Koyo, For the A±588±054 Case: verification results are outlined in the NTN, and NSK). Koyo Seiko ...... 16.46 public versions of the verification reports, on file in Room B–099 in the Duty Absorption NSK ...... 19.52 For the A±588±604 Case: main Commerce building. On December 15, 1998, Timken NTN ...... 33.69 requested that the Department NSK ...... 24.76 Intent To Revoke determine with respect to all Koyo Seiko ...... 98.08 On October 30, 1998, Fuji submitted respondents whether antidumping a request, in accordance with 19 CFR duties had been absorbed during the In the case of Koyo, the firm did not 351.222(e), that the Department revoke POR. This request was filed pursuant to respond to our request for further- the order covering TRBs from Japan section 751(a)(4) of the Act. Section manufacturing information and the with respect to its sales of this 751(a)(4) provides for the Department, if dumping margins for those sales were merchandise. In accordance with 19 requested, to determine during an determined on the basis of adverse facts CFR 351.222(e), this request was administrative review initiated two or available (see ‘‘Use of Facts Available’’ accompanied by certification from Fuji four years after the publication of the below). Lacking other information, we that it had sold the subject merchandise order, whether antidumping duties have find duty absorption on all such sales of to the United States in commercial been absorbed by a foreign producer or further-processed TRBs. See Tapered quantities at not less than NV for a exporter subject to the order if the Roller Bearings and Parts Thereof, three-year period, including this review

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We informed Koyo that ‘‘corroborate’’ means simply that is subject to the order, if the Department on March 11, 1999 that it was required the Department will satisfy itself that concludes that, subsequent to to supply further-manufacturing data by the secondary information to be used revocation, it sold the subject responding to section E of the has probative value (see H.R. Doc. 103– merchandise at less than NV. Department’s questionnaire by April 5, 316, Vol. 1, at 870 (1994); 19 CFR The Department conducted 1999. Koyo notified the Department on 351.308(d)). verifications of Fuji’s responses for this April 5, 1999 that it would not file a To corroborate secondary information, period of review. In the two prior further-manufacturing response. the Department will, to the extent reviews of this order, we determined Therefore, as in Tapered Roller Bearings practicable, examine the reliability and that Fuji sold TRBs from Japan to the and Parts Thereof, Finished and relevance of the information used. United States in commercial quantities Unfinished, from Japan, and Tapered However, unlike other types of at de minimis margins (1995–96 POR) or Roller Bearings, Four Inches or Less in information, such as input costs or did not conduct a review with respect Outside Diameter, and Components selling expenses, there are no to Fuji (1996–97 POR) 2. See 1995–96 Thereof, from Japan; Final Results of independent sources for calculated TRB Final and Tapered Roller Bearings Antidumping Duty Administrative dumping margins. The only source for and Parts Thereof, Finished and Reviews, 63 FR 47455 (January 15, calculated margins is administrative Unfinished, from Japan, and Tapered 1998), we have preliminarily determinations. Thus, in an Roller Bearings, Four Inches or Less in determined that, pursuant to section administrative review, if the Department Outside Diameter, and Components 776(b) of the Act, it is appropriate to chooses as adverse facts available a Thereof, from Japan; Final Results of make an inference adverse to the calculated dumping margin from a prior Antidumping Duty Administrative interests of Koyo because it failed to segment of the proceeding, it is not Reviews, 63 FR 63860 (November 17, cooperate by not responding to the necessary to question the reliability of 1998) (1996–97 TRB Final). We Department’s request for information. the margin for that time period. With preliminarily determine that Fuji sold The Department is authorized, under respect to the relevance aspect of TRBs at not less than NV during the section 776(b) of the Act, to use an corroboration, however, the Department current review period. Based on Fuji’s inference that is adverse to the interest will consider information reasonably at three consecutive years of zero or de of a party if the Department finds that its disposal as to whether there are minimis margins and the absence of the party has failed to cooperate by not circumstances that would render a evidence to the contrary, we acting to the best of its ability to comply margin irrelevant. Where circumstances preliminarily determine that it is not with the Department’s request for indicate that the selected margin is not likely that Fuji will in the future sell information. We examined whether appropriate as adverse facts available, TRBs at less than NV. Therefore, if these Koyo had acted to the best of its ability the Department will disregard the preliminary findings are affirmed in our in responding to our requests for margin and determine an appropriate final results, we intend to revoke the information. We took into consideration margin (see Fresh Cut Flowers from Mexico; Preliminary Results of order on TRBs from Japan with respect the fact that, as an experienced Antidumping Duty Administrative to Fuji. respondent in reviews of the TRB Review, 60 FR 49567 (February 22, Use of Facts Available orders, it can reasonably be expected to 1996), where we disregarded the highest know which types of information we In accordance with section margin in the case as best information request in each review. Because Koyo 776(a)(2)(B) of the Act, in these available because the margin was based has submitted to the Department in preliminary results we find it necessary on another company’s uncharacteristic previous TRB reviews complete further- to use partial facts available in those business expense resulting in an manufacturing responses, we have instances were a respondent did not extremely high margin). provide us with certain information determined that it failed to act to the For these preliminary results, we have necessary to conduct our analysis. This best of its ability in providing the data examined the history of the A–588–604 occurred with respect to certain sales we requested and that adverse case and have determined that 41.04 and cost information Koyo failed to inferences are warranted. See Tapered percent, the rate we calculated for Koyo report for its sales of U.S. further- Roller Bearings and Parts Thereof, in the 1993–94 A–588–604 review, is manufactured merchandise subject to Finished and Unfinished, From Japan, the highest rate for this firm in any prior the A–588–604 order. and Tapered Roller Bearings, Four segment of the A–588–604 order. See Inches or Less in Outside Diameter, and Tapered Roller Bearings and Parts 1 In addition, on March 22, 1999 Fuji provided Components Thereof, From Japan; Thereof, Finished and Unfinished, From information to the Department supporting its claim Preliminary Results of Administrative Japan, and Tapered Roller Bearings, that it sold TRBs to the United States in commercial Review, 61 FR 25200, 25202 (May 20, Four Inches or Less in Outside quantities during this three-year period. That 1996). As a result, we have used the submission included estimated sales information Diameter, and Components Thereof, for the 1996–97 POR, during which the Department highest rate determined for Koyo from From Japan; Final Results of did not conduct a review of Fuji (see footnote 2). any prior segment of the A–588–604 Administrative Review and Termination The information provided therein is consistent with proceedings as partial adverse facts in Part, 63 FR 20585, (April 27, 1998). the information from both the 1995–96 and current available, which is secondary POR, and there is no evidence on the record calling In the absence of information on the into question Fuji’s 1996–97 estimated sales information within the meaning of administrative record that application of information. section 776(c) of the Act. See 19 CFR this 41.04 percent rate would be 2 For the 1996–97 POR, Fuji requested and then 351.308(c)(1)(iii). inappropriate, that the margin is not timely withdrew a request for review. Additionally, petitioner did not request a review of Fuji for this Section 776(c) of the Act provides that relevant, or that leads us to re-examine period. Therefore, we rescinded the 1996–97 review the Department shall, to the extent this rate as adverse facts available in the for Fuji. practicable, corroborate secondary instant review, we find the margin

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As a result, for applicable, by Japanese pre-sale inland more likely that the Department will these preliminary results we have freight, Japanese post-sale inland determine that potential gains in applied as adverse facts available, a freight, international air and/or ocean accuracy do not outweigh the burden of margin of 41.04 percent to Koyo’s freight, marine insurance, Japanese applying the standard methodology. further-manufactured U.S. sales. brokerage and handling, U.S. brokerage Thus, the Department likely will and handling, U.S. duty, and U.S. determine that application of the Export Price and Constructed Export inland freight. standard methodology is not more Price Where appropriate, in accordance appropriate than application of the Because all of Koyo’s and NSK’s sales with section 772(d)(2) of the Act, the methods described in paragraphs and certain of NTN’s and Fuji’s sales of Department also deducts from CEP the 772(e)(1) and (2), or some other subject merchandise were first sold to cost of any further manufacture or reasonable alternate methodology. By unaffiliated purchasers after importation assembly in the United States, except contrast, if the burden is relatively low into the United States, in calculating where the special rule provided in and there is reason to believe the U.S. price for these sales we used section 772(e) of the Act is applicable. standard methodology is likely to be constructed export price (CEP) as Section 772(e) of the Act provides that, more accurate, the Department is more defined in section 772(b) of the Act. We where the subject merchandise is likely to determine that it is not based CEP on the packed, delivered imported by a person affiliated with the appropriate to apply the methods price to unaffiliated purchasers in the exporter or producer and the value described in paragraphs 772(e)(1) or (2) United States. We made deductions, added in the United States by the of the Act in lieu of the standard where appropriate, for discounts, billing affiliated person is likely to exceed methodology. See Tapered Roller adjustments, freight allowances, and substantially the value of the subject Bearings and Parts Thereof, Finished rebates. Pursuant to section 772(c)(2)(A) merchandise, and if there is a sufficient and Unfinished, from Japan, and of the Act, we reduced this price for quantity of sales to provide a reasonable Tapered Roller Bearings, Four Inches or movement expenses (Japanese pre-sale basis for comparison and we determine Less in Outside Diameter, and inland freight, Japanese post-sale inland that the use of such sales is appropriate, Components Thereof, From Japan; freight, international air and/or ocean we shall determine the CEP for such Preliminary Results of Antidumping freight, marine insurance, Japanese merchandise using the price of identical Duty Administrative Reviews, 62 FR brokerage and handling, U.S. inland or other subject merchandise sold by the 47452, 47455 (September 9, 1997) freight from the port to the warehouse, exporter or producer to an unaffiliated (1995–96 TRB Prelim). U.S. inland freight from the warehouse person. If there is not a sufficient With respect to Fuji, its two U.S. to the customer, U.S. duty, post-sale quantity of such sales to provide a affiliates, Subaru of America (SOA) and warehousing, pre-sale warehousing, and reasonable basis for comparison, or if Subaru-Isuzu Automotive (SIA), both U.S. brokerage and handling). We also we determine that using the price of import TRBs into the United States reduced the price, where applicable, by identical or other subject merchandise is which were first purchased by Fuji from an amount for the following expenses not appropriate, we may use any other Japanese producers in Japan. SOA incurred in the selling of the reasonable basis to determine CEP. See imported TRBs during the review period merchandise in the United States sections 772(e)(1) and (2) of the Act. primarily for the purpose of reselling pursuant to section 772(d)(1) of the Act: In judging whether the use of the bearings as replacement parts for commissions to unaffiliated parties, U.S. identical or other subject merchandise is Subaru automobiles in the United credit, payments to third parties, U.S. appropriate, the Department must States. SOA also imported TRB’s which repacking expenses, and indirect selling consider several factors, including were further-manufactured into vehicle expenses (which included, where whether it is more appropriate to use transmissions prior to resale to SOA’s applicable, inventory carrying costs, another ‘‘reasonable basis.’’ Under some dealers. In addition, SIA imported TRBs indirect advertising expenses, and circumstances, we may use the standard for the sole purpose of using them in its indirect technical services expenses). methodology as a reasonable alternative production of Subaru automobiles in the Finally, pursuant to section 772(d)(3) of to the methods described in sections United States, the final product sold by the Act, we further reduced U.S. price 772(e)(1) and (2) of the Act. In deciding SIA to the first unaffiliated customer in by an amount for profit to arrive at CEP. whether it is more appropriate to use the United States. Based on information NTN claimed an offsetting adjustment the standard methodology, we have provided by Fuji about this further to U.S. indirect selling expenses to considered and weighed the burden on manufacturing, we have determined that account for the cost of financing cash the Department in applying the standard the special rule for merchandise with deposits during the POR. For the methodology as a reasonable alternative value added after importation under reasons set out in the 1996–97 TRB and the extent to which application of section 772(e) of the Act applies to this Final, we have continued to deny such the standard methodology will lead to respondent. an adjustment. See 1996–97 TRB Final, more accurate results. The burden on To determine whether the value 63 FR at 63865. the Department of using the standard added in the United States by SIA and Because certain of NTN’s and Fuji’s methodology may vary from case to case SOA is likely to exceed substantially the sales of subject merchandise were made depending on factors such as the nature value of the subject merchandise, we to unaffiliated purchasers in the United of the further-manufacturing process estimated the value added based on the States prior to importation into the and the finished products. The differences between the averages of the United States and the CEP methodology increased accuracy gained by applying prices charged to the first unaffiliated was not indicated by the facts of record, the standard methodology will vary U.S. customer for the final merchandise in accordance with section 772(a) of the significantly from case to case, sold (the automobiles or vehicle Act we used export price (EP) for these depending upon such factors as the transmissions) and the averages of the sales. We calculated EP as the packed, amount of value added in the United prices paid for the subject merchandise delivered price to unaffiliated States and the proportion of total U.S. (the imported TRBs) by the affiliated purchasers in the United States. In sales that involve further person. Based on this analysis and accordance with section 772(c)(2)(A) of manufacturing. In cases where the information on the record, we the Act, we reduced this price, where burden on the Department is high, it is determined that the value of the TRBs

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If the 1999 questionnaire response. Therefore, Furthermore, the proportion of NTN’s overall weighted-average price ratio for we determined that the value added is further-manufactured merchandise to its the affiliated customer was equal to or likely to exceed substantially the value total imports of subject merchandise greater than 99.5 percent, we of the subject merchandise. In addition, was relatively low. In NTN’s case, any determined that all sales to this we have determined that those sales of potential gains in accuracy gained from affiliated customer were at arm’s length. TRBs made by SOA as replacement examining NTN’s further-manufactured Conversely, if the ratio for a customer parts in the United States, which sales are outweighed by the burden of was less than 99.5 percent, we constitute sales of merchandise the applying the standard methodology. determined that all sales to the affiliated identical and/or most similar to those Accordingly, it would be appropriate to customer were not at arm’s length TRBs imported by SIA for use in the apply one of the methodologies because, on average, the customer paid manufacture of Subaru automobiles and specified in the statute with respect to less than unaffiliated customers for the by SOA for use in the manufacture of NTN’s imported TRB parts. Therefore, same merchandise. Therefore, we vehicle transmissions, were made in we have used the weighted-average excluded all sales to the customer from sufficient quantities to provide a dumping margins we calculated on our analysis. Where we were unable to reasonable basis for comparison. NTN’s sales of identical or other subject calculate an affiliated customer ratio Therefore, for purposes of determining merchandise to unaffiliated persons in because identical merchandise was not dumping margins for the TRBs entered the United States. See 19 CFR sold to both affiliated and unaffiliated by SIA used in the production of 351.402(c). customers, we were unable to determine automobiles and for those entered by With respect to Koyo, while we if these sales were at arm’s length and, SOA to be incorporated into vehicle determined that the value added to the therefore, excluded them from our transmissions, we have used the United States was likely to exceed the analysis (see Stainless Steel Wire Rods weighted-average dumping margins we value of the imported products, we have from France: Preliminary Results of calculated on sales of identical or other determined that the use of either of the Antidumping Duty Administrative subject merchandise sold by SOA as two proxies specified in the statute is Review, 61 FR 8915 (March 6, 1996). replacement TRBs to unaffiliated not appropriate. See Facts Available C. Cost of Production Analysis persons in the United States. See 19 section for further information. CFR 351.402(c). No other adjustments were claimed or Because we disregarded sales that failed the cost test in our last completed Also, NTN imported subject allowed. merchandise (TRB parts) which was A–588–054 review for Koyo and NSK, further processed in the United States. Normal Value and in our last completed A–588–604 review for NTN, Koyo, and NSK we NTN further manufactured the imported A. Viability scope merchandise into merchandise of have reasonable grounds to believe or the same class or kind as merchandise Based on (1) the fact that each suspect that sales of the foreign like within the scope of the A–588–604 company’s quantity of sales in the home product under consideration for the order. Based on information provided market was greater than five percent of determination of NV in this review for by NTN in its December 22, 1998 and its sales to the U.S. market and (2) the these companies may have been made at January 11, 1999 letters to the absence of any information that a prices below the COP, as provided by Department, we first determined particular market situation in the section 773(b)(2)(A)(ii) of the Act (see whether the value added in the United exporting country does not permit a 1995–96 TRB Final and 1996–97 TRB States was likely to exceed substantially proper comparison, we determined that Final). Therefore, pursuant to section the value of the subject merchandise. the quantity of the foreign like product 773(b)(1) of the Act, we initiated a COP We estimated the value added based on for all respondents sold in the exporting investigation of sales by Koyo, NTN, the differences between the averages of country was sufficient to permit a and NSK for both TRB cases. the prices charged to the first proper comparison with the sales of In accordance with section 773(b)(3) unaffiliated U.S. customer for the final subject merchandise to the United of the Act, we calculated COP based on merchandise sold (finished TRBs) and States, pursuant to section 773(a) of the the sum of the costs of materials and the averages of the prices paid by the Act. Therefore, in accordance with fabrication employed in producing the affiliated party for the subject section 773(a)(1)(B)(i) of the Act, we foreign like product, plus selling, merchandise (imported TRB parts), and based NV on the prices at which the general, and administrative expenses determined that the value added was foreign like products were first sold for (SG&A) and the cost of all expenses likely to exceed substantially the value consumption in the exporting country. incidental to placing the foreign like of the imported TRB parts. product in condition packed ready for B. Arm’s-Length Sales We then examined whether it would shipment. We relied on the home be appropriate to use sales of identical For all respondents we have excluded market sales and COP information or other subject merchandise to from our analysis those sales made to provided by Koyo, NTN, and NSK unaffiliated persons as a basis for affiliated customers in the home market except in those instances where the data comparison, as stated under paragraphs which were not at arm’s length. We was not appropriately quantified or 772(e)(1) and (2) of the Act. Based on determined the arm’s-length nature of valued (see company-specific the information provided by NTN in home market sales to affiliated parties preliminary results analysis Exhibit A–1 of its February 9, 1999 by means of our 99.5 percent arm’s- memoranda). questionnaire response and its length test in which we calculated, for After calculating COP, we tested December 22, 1998 letter, we each model, the percentage difference whether home market sales of TRBs

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We also applicable movement charges, manufacturing for the TRBs they determined that NTN’s EP level of trade discounts, or rebates. purchased from Japanese producers, it was equivalent to one of NTN’s home Pursuant to section 773(b)(2)(C) of the instead provided its acquisition cost for market levels of trade. Because we Act, where less than 20 percent of a each TRB model purchased from determined that there was a pattern of respondent’s home market sales for a Japanese producers. As a result, consistent price differences due to model are at prices less than the COP, consistent with our practice in past TRB differences in levels of trade, we made we do not disregard any below-cost reviews for Fuji, we used these a level of trade adjustment to NV for sales of that model because we acquisition costs as the basis for our 20- NTN in our EP comparisons where the determine that the below-cost sales were percent difmer cap (see, e.g., 1995–96 U.S. EP sale matched to a home market not made within an extended period of Prelim, 62 FR at 47458). sale at a different level of trade. For time in ‘‘substantial quantities.’’ Where more detailed company-specific E. Level of Trade 20 percent or more of a respondent’s descriptions of our level-of-trade home market sales of a given model are To the extent practicable, we analyses for these preliminary results, at prices less than COP, we disregard determined NV for sales at the same see the preliminary results analysis the below-cost sales because they are (1) level of trade as the U.S. sales (either EP memoranda to Robert James, on file in made within an extended period of time or CEP). When there were no sales at the Import Administration’s Central in substantial quantities in accordance same level of trade, we compared U.S. Records Unit, Room B–099 of the main with sections 773(b)(2)(B) and (C) of the sales to home market sales at a different Commerce building). Act, and (2) based on comparisons of level of trade. The NV level of trade is prices to weighted-average COPs for the that of the starting-price sales in the F. Home Market Price POR, were at prices which would not home market. When NV is based on We based home market prices on the permit the recovery of all costs within constructed value (CV), the level of packed, ex-factory or delivered prices to a reasonable period of time in trade is that of the sales from which we affiliated purchasers (where an arm’s- accordance with section 773(b)(2)(D) of derived SG&A and profit. length relationship was demonstrated) the Act. To determine whether home market and unaffiliated purchasers in the home The results of our cost test for Koyo, sales are at a different level of trade than market. We made adjustments for NTN, and NSK indicated that for certain U.S. sales, we examined stages in the differences in packing and for home market models less than 20 marketing process and selling functions movement expenses in accordance with percent of the sales of the model were along the chain of distribution between sections 773(a)(6)(A) and (B) of the Act. at prices below COP. We therefore the producer and the unaffiliated In addition, we made adjustments for retained all sales of these market models customer. If the comparison-market differences in cost attributable to in our analysis and used them as the sales were at a different level of trade differences in physical characteristics of basis for determining NV. Our cost test and the differences affected price the merchandise pursuant to section for these respondents also indicated that comparability, as manifested in a 773(a)(6)(C)(ii) of the Act, and for within an extended period of time (one pattern of consistent price differences differences in circumstances of sale year, in accordance with section between the sales on which NV is based (COS) in accordance with section 773(b)(2)(B) of the Act), for certain home and comparison-market sales at the 773(a)(6)(C)(iii) of the Act and 19 CFR market models, more than 20 percent of level of trade of the export transaction, 351.410. For comparison to EP we made the home market sales were sold at we made a level-of-trade adjustment COS adjustments by deducting home prices below COP. In accordance with under section 773(a)(7)(A) of the Act. market direct selling expenses and section 773(b)(1) of the Act, we See Notice of Final Determination of adding U.S. direct selling expenses. For therefore excluded these below-cost Sales at Less Than Fair Value: Certain comparisons to CEP, we made COS sales from our analysis and used the Cut-to-Length Carbon Steel Plate from adjustments to NV by deducting home remaining above-cost sales as the basis South Africa, 62 FR 61731 (November market direct selling expenses. We also for determining NV. 19, 1997). made adjustments, where applicable, for We determined that for respondents home market indirect selling expenses D. Product Comparisons Koyo and NSK, there were two home to offset U.S. commissions in EP and For all respondents we compared U.S. market levels of trade and one U.S. level CEP calculations. No other adjustments sales with contemporaneous sales of the of trade (CEP). For Fuji, we determined were claimed or allowed. foreign like product in the home market. that only one level of trade existed in In accordance with section 773(a)(4) We considered bearings identical on the the home market and three distinct of the Act, we based NV on CV if we basis of nomenclature and determined levels of trade existed in the U.S. market were unable to find a contemporaneous most similar TRBs using our sum-of-the- (one CEP and two EP levels of trade). home market match for the U.S. sale. deviations model-match methodology Because there was no home market level We calculated CV based on the cost of which compares TRBs according to the of trade equivalent to the U.S. level(s) of materials and fabrication employed in following five physical criteria: inside trade for Koyo, NSK, and Fuji, and producing the subject merchandise, diameter, outside diameter, width, load because NV for these firms represented SG&A, and profit. In accordance with rating, and Y2 factor. For Koyo, NTN, a price more remote from the factory 772(e)(2)(A) of the Act, we based SG&A and NSK we used a 20 percent than CEP, we made a CEP offset expenses and profit on the amounts difference-in-merchandise (difmer) cost adjustment to NV. For NTN we found incurred and realized by the respondent deviation cap as the maximum that there were three home market in connection with the production and difference in cost allowable for similar levels of trade and two (EP and CEP) sale of the foreign like product in the

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Where appropriate, preliminary results. duties prior to liquidation of the we made adjustments to CV in The Department shall determine, and relevant entries during this review accordance with section 773(a)(8) of the the U.S. Customs Service shall assess, period. Failure to comply with this Act and 19 CFR 351.410 for COS antidumping duties on all appropriate requirement could result in the adjustments and LOT differences. For entries. In accordance with 19 CFR Secretary’s presumption that comparisons to EP, we made COS 351.212(b)(1), we calculated importer- reimbursement of antidumping duties adjustments by deducting home market specific ad valorem assessment rates for occurred and the subsequent assessment direct selling expenses and adding U.S. the merchandise based on the ratio of of double antidumping duties. direct selling expenses. For comparisons the total amount of antidumping duties We are issuing and publishing this to CEP, we made COS adjustments by calculated for the examined sales made notice in accordance with sections deducting home market direct selling during the POR to the total customs 751(a)(1) and 777(i)(1) of the Act. expenses. We also made adjustments, value of the sales used to calculate those Dated: September 24, 1999. where applicable, for home market duties. This rate will be assessed Robert S. LaRussa, uniformly on all entries of that indirect selling expenses to offset Assistant Secretary for Import commissions in EP and CEP particular importer made during the Administration. POR. The Department will issue comparisons. [FR Doc. 99–25620 Filed 9–30–99; 8:45 am] appropriate appraisement instructions Preliminary Results of Review directly to the Customs Service upon BILLING CODE 3510±DS±P As a result of our reviews, we completion of the review. preliminarily determine the following Furthermore, the following deposit DEPARTMENT OF COMMERCE weighted-average dumping margins requirements will be effective upon exist for the period October 1, 1997, completion of the final results of these International Trade Administration through September 30, 1998, to be as administrative reviews for all shipments National Renewable Energy follows: of TRBs from Japan entered, or Laboratory; Notice of Decision on withdrawn from warehouse, for Application for Duty-Free Entry of Manufacturer/exporter/ Margin consumption on or after the publication Scientific Instrument reseller (percent) date of the final results of these This decision is made pursuant to For the A±588±054 Case: administrative reviews, as provided by Koyo Seiko ...... 12.97 section 751(a)(1) of the Act: Section 6(c) of the Educational, Fuji ...... 0.05 (1) The cash-deposit rates for the Scientific, and Cultural Materials NSK ...... 4.03 reviewed companies will be the rates Importation Act of 1966 (Pub. L. 89– For the A±588±604 Case: shown above except that, for firms 651, 80 Stat. 897; 15 CFR part 301). Fuji ...... 3Ð whose weighted-average margins are Related records can be viewed between Koyo Seiko ...... 23.20 less than 0.5 percent and therefore de 8:30 a.m. and 5 p.m. in Room 4211, U.S. NTN ...... 20.28 minimis, the Department shall not Department of Commerce, 14th and NSK ...... 1.60 require a deposit of estimated Constitution Avenue, N.W., Washington, DC. The Department will disclose antidumping duties; (2) For previously reviewed or Docket Number: 99–014. Applicant: calculations performed within five days investigated companies not listed above, National Renewable Energy Laboratory, of the date of publication of this notice Golden, CO 80401–3393. Instrument: 2 in accordance with 19 CFR 351.224(b). the cash deposit rate will continue to be (Two) Anemometer Systems, Model A party may request a hearing within the company-specific rate published for DA–600. Manufacturer: Kaijo-Denki thirty days of publication. Any hearing, the most recent period; (3) If the exporter is not a firm Corp., Japan. Intended Use: See notice at if requested, will be held 37 days after covered in these reviews, a prior review, 64 FR 35630, July 1, 1999. the date of publication, or the first or the LTFV investigations, but the Comments: None received. Decision: business day thereafter, unless the manufacturer is, the cash deposit rate Approved. No instrument of equivalent Department alters the date per 19 CFR will be the rate established for the most scientific value to the foreign 351.310(d). Case briefs and/or written instrument, for such purposes as it is comments from interested parties may recent period for the manufacturer of intended to be used, is being be submitted no later than 30 days after the merchandise; and ( 4) If neither the exporter nor the manufactured in the United States. the date of publication. Rebuttal briefs manufacturer is a firm covered in these Reasons: The foreign instrument and rebuttals to written comments, or any previous reviews conducted by provides: (1) A maximum wind speed limited to issues raised in the case briefs the Department, the cash deposit rate for range of 60 meters per second, (2) and comments, may be filed no later the A–588–054 case will be 18.07 Maximum measurement bandwith of 10 than 35 days after the date of percent, and 36.52 percent for the A– Hz, (3) Minimum resolution of 0.005 m/ publication of this notice. Parties who submit argument in these proceedings 588–604 case (see Preliminary Results of s and (4) Compatibility with currently are requested to submit with the Antidumping Duty Administrative operating anemometers. The National argument (1) a statement of the issues Reviews; Tapered Roller Bearings, Oceanographic and Atmospheric Finished and Unfinished, and Parts Administration advised September 3, Thereof, from Japan and Tapered Roller 1999 that: (1) These capabilities are 3 No shipments or sales subject to this review. The firm has no rate from any prior segment of this Bearings, Four Inches or less in Outside pertinent to the applicant’s intended proceeding. Diameter, and Components Thereof, purpose and (2) It knows of no domestic

VerDate 22-SEP-99 14:00 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\A01OC3.222 pfrm01 PsN: 01OCN1 53330 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Notices instrument or apparatus of equivalent foreign government subsidies on articles The Department has developed, in scientific value to the foreign of cheese subject to an in-quota rate of consultation with the Secretary of instrument for the applicant’s intended duty during the period April 1, 1999 Agriculture, information on subsidies use. through June 30, 1999. We are (as defined in section 702(g)(b)(2) of the We know of no other instrument or publishing the current listing of those Act) being provided either directly or apparatus of equivalent scientific value subsidies that we have determined exist. indirectly by foreign governments on to the foreign instrument which is being articles of cheese subject to an in-quota EFFECTIVE DATE: October 1, 1999. manufactured in the United States. rate of duty. The appendix to this notice Frank W. Creel, FOR FURTHER INFORMATION CONTACT: lists the country, the subsidy program or Director, Statutory Import Programs Staff. Russell Morris or Tipten Troidl, Office programs, and the gross and net [FR Doc. 99–25621 Filed 9–30–99; 8:45 am] of AD/CVD Enforcement VI, Import amounts of each subsidy for which information is currently available. BILLING CODE 3510±DS±P Administration, International Trade Administration, U.S. Department of The Department will incorporate Commerce, 14th Street and Constitution additional programs which are found to DEPARTMENT OF COMMERCE Ave., NW, Washington, DC 20230, constitute subsidies, and additional telephone: (202) 482–2786. information on the subsidy programs International Trade Administration listed, as the information is developed. SUPPLEMENTARY INFORMATION: Section The Department encourages any 702(a) of the Trade Agreements Act of Quarterly Update to Annual Listing of person having information on foreign 1979 (as amended) (the Act) requires the Foreign Government Subsidies on government subsidy programs which Department of Commerce (the Articles of Cheese Subject to an In- benefit articles of cheese subject to an Department) to determine, in Quota Rate of Duty in-quota rate of duty to submit such consultation with the Secretary of information in writing to the Assistant AGENCY: Import Administration, Agriculture, whether any foreign Secretary for Import Administration, International Trade Administration, government is providing a subsidy with U.S. Department of Commerce, 14th Department of Commerce. respect to any article of cheese subject Street and Constitution Avenue, NW, to an in-quota rate of duty, as defined ACTION: Publication of quarterly update Washington, DC 20230. to annual listing of foreign government in section 702(g)(b)(4) of the Act, and to publish an annual list and quarterly This determination and notice are in subsidies on articles of cheese subject to accordance with section 702(a) of the an in-quota rate of duty. updates of the type and amount of those subsidies. We hereby provide the Act. SUMMARY: The Department of Department’s quarterly update of Dated: September 24, 1999. Commerce, in consultation with the subsidies of cheeses that were imported Robert S. LaRussa, Secretary of Agriculture, has prepared during the period April 1, 1999 through Assistant Secretary for Import its quarterly update to the annual list of June 30, 1999. Administration.

APPENDIX.ÐSUBSIDY PROGRAMS ON CHEESE SUBJECT TO AN IN-QUOTA RATE OF DUTY

Gross 1 Net 2 Sub- County Program(s) Subsidy sidy ($/lb) ($/lb)

Austria ...... European Union Restitution Payments ...... $.018 $0.18 Belgium ...... EU Restitution Payments ...... 0.07 0.07 Canada ...... Export Assistance on Certain Types of Cheese ...... 0.24 0.24 Denmark ...... EU Restitution Payments ...... 0.17 0.17 Finland ...... EU Restitution Payments ...... 0.26 0.26 France ...... EU Restitution Payments ...... 0.15 0.15 Germany ...... EU Restitution Payments ...... 0.18 0.18 Greece ...... EU Restitution Payments ...... 0.00 0.00 Ireland ...... EU Restitution Payments ...... 0.11 0.11 Italy ...... EU Restitution Payments ...... 0.13 0.13 Luxembourg ...... EU Restitution Payments ...... 0.07 0.07 Netherlands ...... EU Restitution Payments ...... 0.10 0.10

Norway ...... Indirect (Milk) Subsidy ...... 0.32 0.32 Consumer Subsidy ...... 0.14 0.14

Total ...... 0.46 0.46

Portugal ...... EU Restitution Payments ...... 0.10 0.10 Spain ...... EU Restitution Payments ...... 0.11 0.11 Switzerland ...... Deficiency Payments ...... 0.12 0.12 U.K...... EU Restitution Payments ...... 0.19 0.19

1 Defined in 19 U.S.C. 1677(5). 2 Defined in 19 U.S.C. 1677(6).

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[FR Doc. 99–25617 Filed 9–30–99; 8:45 am] Orders; Policy Bulletin, 63 FR 18871 behalf of Acindar Industria Argentina de BILLING CODE 3510±DS±M (April 16, 1998) (‘‘Sunset Policy Aceros S.A. (‘‘Acindar’’), the respondent Bulletin’’). in this review. On July 15, 1999, within the deadline specified in 19 CFR Scope DEPARTMENT OF COMMERCE 351.309(d), the Department received The merchandise subject to this rebuttal comments from the domestic International Trade Administration suspended countervailing duty interested parties. We have addressed [C±357±004] investigation is carbon steel wire rod, the comments received below. both high carbon and low carbon, Comments Final Results of Full Sunset Review: manufactured in Argentina and Carbon Steel Wire Rod From Argentina exported, directly or indirectly from Comment 1: In its July 12, 1999, case Argentina to the United States. The term brief, Acindar states that it disagrees AGENCY: Import Administration, ‘‘carbon steel wire rod’’ covers a coiled, with the Department’s Preliminary International Trade Administration, semi-finished, hot-rolled carbon steel Results in this sunset proceeding. Department of Commerce. product of approximately round solid Acindar states that, in the Department’s ACTION: Notice of Final Results of Full cross section, not under 0.02 inches nor Preliminary Results, we noted that Sunset Review: Carbon Steel Wire Rod over 0.74 inches in diameter, not Communique A–1807 ‘‘totally from Argentina. tempered, not treated, and not partly suspended’’ pre-export (as well post- manufactured, and valued at over 4 export) financing as of March 8, 1991. SUMMARY: On May 28, 1999, the Acindar argues that a suspension of this Department of Commerce (‘‘the cents per pound. As of the publication of the last administrative review, 1 the duration can hardly be considered Department’’) published a notice of temporary and that the Department preliminary results of the full sunset merchandise subject to this order was classifiable under item numbers should conclude that the subsidy review of the suspended countervailing attributable to pre- and post-export duty investigation on carbon steel wire 7213.20.00, 7213.31.30, 7213.39.00, 7213.41.30, 7213.49.00, and 7213.50.00 financing is zero and, consequently, rod from Argentina (64 FR 28978) reduce its final net countervailable pursuant to section 751(c) of the Tariff of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). Although subsidy rate to zero. Act of 1930, as amended (‘‘the Act’’). In their July 12, 1999, case brief, the We provided interested parties an the HTSUS subheadings are provided for convenience and customs purposes, domestic interested parties state that opportunity to comment on our they agree with the Department’s preliminary results. We received the written description remains dispositive. Preliminary Results in this proceeding. comments from both domestic and With respect to Acindar’s assertion, the respondent interested parties. As a Background domestic interested parties argue that result of this review, the Department On May 28, 1999, the Department Acindar and the Government of finds that termination of this suspended issued the Preliminary Results of Full Argentina have presented no evidence investigation would be likely to lead to Sunset Review: Carbon Steel Wire Rod that pre- and post-export financing continuation or recurrence of a from Argentina (64 FR 28978) subsidy programs have been terminated. countervailable subsidy at the levels (‘‘Preliminary Results’’). In our According to the domestic interested indicated in the Final Results of Review preliminary results, we found that parties, because the programs are in section of this notice. termination of the suspended place, their temporary suspension FOR FURTHER INFORMATION CONTACT: investigation would be likely to lead to strongly suggests that subsidies would Scott E. Smith or Melissa G. Skinner, continuation or recurrence of a recur if the suspended investigation Office of Policy for Import countervailable subsidy. Further, we were terminated. Administration, International Trade found that the net countervailable Department Position: The Department Administration, U.S. Department of agrees with the domestic interested subsidy likely to prevail if the Commerce, 14th Street and Constitution parties. Acindar and the Government of suspended investigation were Avenue, NW, Washington, D.C. 20230; Argentina have presented no evidence terminated is 5.36 percent ad valorem, telephone: (202) 482–6397 or (202) 482– to indicate that pre- and post-export the subsidy rate determined in the 1560, respectively. financing programs have been suspended investigation. Additionally, eliminated. The Statement of EFFECTIVE DATE: October 1, 1999. we found that each of the three Administrative Action accompanying programs (the reembolso, pre-export Statute and Regulations the Uruguay Round Agreements Act, financing, and post-export financing) This review was conducted pursuant H.R. Doc. 103–316, vol. I (‘‘SAA’’), at fall within the definition of an export to sections 751(c) and 752 of the Act. 888, states that temporary suspension or subsidy under Article 3.1(a) of the 1994 The Department’s procedures for the partial termination of a subsidy program WTO Agreement on Subsidies and conduct of sunset reviews are set forth will be probative of continuation or Countervailing Measures (‘‘Subsidies in Procedures for Conducting Five-year recurrence of countervailable subsidies. Agreement’’). We acknowledge that, as a result of the (‘‘Sunset’’) Reviews of Antidumping and On July 12, 1999, within the deadline suspension agreement, as amended, the Countervailing Duty Orders, 63 FR specified in 19 CFR 351.309(c)(1)(i), we pre-export and post-export financing 13516 (March 20, 1998) (‘‘Sunset received comments on behalf of Co- programs have been suspended for Regulations’’) and in 19 CFR Part 351 Steel (formerly Raritan River Steel), GS producers of subject merchandise since (1998) in general. Guidance on Industries, and North Star Steel 1982 and 1986, respectively. However, methodological or analytical issues Company (collectively, the ‘‘domestic the Department notes that the relevant to the Department’s conduct of interested parties’’), the domestic suspension of a program is not the same sunset reviews is set forth in the participants in this review, and on Department’s Policy Bulletin 98:3— as the termination of a program. Policies Regarding the Conduct of Five- 1 See Carbon Steel Wire Rod from Argentina; Programs which have been suspended, year (‘‘Sunset’’) Reviews of Final Results of Countervailing Duty Administrative and not officially terminated through Antidumping and Countervailing Duty Review, 56 FR 40309 (August 14, 1991). legislative action, are more likely to be

VerDate 22-SEP-99 14:00 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\A01OC3.225 pfrm01 PsN: 01OCN1 53332 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Notices reinstated. Communique A–1807 was a exported.2 This modification of the Final Results of Review decree suspending pre- and post-export reembolso program is in no way As a result of this review, the financing, not terminating these tantamount to a termination and does Department finds that termination of the programs. Therefore, absent evidence not preclude additional modifications to suspended countervailing duty from Acindar and/or the Government of the program. Because Acindar and/or investigation would be likely to lead to Argentina that pre- and post-export the Government of Argentina have continuation or recurrence of a financing programs have been submitted no evidence that this program countervailable subsidy for the reasons terminated by legislative action, the has been terminated and that its set forth in the preliminary results of Department finds that there is a reinstatement is not likely, the our review. Furthermore, for the reasons likelihood of continuation or recurrence Department finds that there is a set forth in our preliminary results of of countervailable subsidy if the likelihood of continuation or recurrence review and, as discussed above, we find suspended investigation were of countervailable subsidy if the that the net countervailing duty rate of terminated. suspended investigation were 5.36 percent ad valorem is the rate Comment 2: Acindar quotes the terminated. likely to prevail if the suspended Department’s Preliminary Results, investigation were terminated. Finally, stating ‘‘the rebate system was changed Comment 3: Acindar argues that the we continue to find that the reembolso, to cover only the reimbursements of Department’s distinction between pre-export financing, and post-export indirect local taxes and does not cover countervailing duty orders and financing programs, because receipt of import duties, except reimbursement of suspension agreements, with respect to benefits is contingent upon export, fall duties paid on imported products which Ceramica,3 is weak. Acindar argues that within the definition of an export are re-exported. Additionally, the the only incentive to enter into a subsidy under Article 3.1(a) of the Department found that the rates of suspension agreement is the threat of Subsidies Agreement. reimbursement were reduced by 33 countervailing duties. Since the threat This notice serves as the only percent for all products * * *’’ of such duties absent an injury reminder to parties subject to According to Acindar, this statement determination disappeared when administrative protective order (‘‘APO’’) indicates that whatever net Argentina achieved ‘‘country under the of their responsibility concerning the countervailable subsidy formerly agreement’’ status, the suspension disposition of proprietary information existed by reason of the reembolso no agreement should likewise lapse. disclosed under APO in accordance longer can exist. To reflect this fact, The domestic interested parties argue with 19 CFR 351.305 of the Acindar requests that the Department that Ceramica did not address the issue readjust its final net countervailable Department’s regulations. Timely subsidy. of suspension agreements or their notification of return/destruction of The domestic interested parties argue administrability by the Department. APO materials or conversion to judicial that Acindar and the Government of According to the domestic interested protective order is hereby requested. Argentina have presented no evidence parties, Ceramica addressed only the Failure to comply with the regulations that the reembolso program has been Department’s authority to assess and the terms of an APO is a terminated. They further argue that the countervailing duties on imports that sanctionable violation. Department found, in an administrative did not receive an injury test. The This five-year (‘‘sunset’’) review and review of oil country tubular goods, that Department is not assessing notice are in accordance with sections the legal structure of the reembolso countervailing duties, but rather 751(c), 752, and 777(i)(1) of the Act. program had been altered. However, administering a negotiated agreement Dated: September 27, 1999. they claim the Government of Argentina between the governments of Argentina Robert S. LaRussa, has not terminated the program. and the United States. Therefore, Assistant Secretary for Import Domestic interested parties also contend according to the domestic interested Administration. that, according to the SAA at 888, even parties, the findings in Ceramica are [FR Doc. 99–25625 Filed 9–30–99; 8:45 am] partial termination of a subsidy program irrelevant to this sunset review. BILLING CODE 3510±DS±P is probative of a recurrence of Department Position: The Department countervailable subsidies. According to agrees with the domestic interested the domestic interested parties, because parties. As discussed in the DEPARTMENT OF COMMERCE the reembolso program continues to Department’s Preliminary Results, exist, the Department should find that International Trade Administration Ceramica addresses the Department’s there is a likelihood of continuation or authority to assess countervailing duties [C±351±831] recurrence of a countervailable subsidy. on imports where the Commission made Department Position: The Department Preliminary Affirmative Countervailing no injury determination with respect to agrees with the domestic interested Duty Determination and Alignment those imports. Accordingly, the findings parties. Acindar and the Government of with Final Antidumping Duty in Ceramica do not inform this sunset Argentina have presented no evidence Determination: Certain Cold Rolled analysis. The Department is not to indicate that the reembolso program Flat-Rolled Carbon-Quality Steel has been terminated. In fact, the assessing countervailing duties with Products from Brazil reembolso program continues to exist, respect to subject merchandise. In fact, but, as noted in the final results of the the Department terminated the AGENCY: Import Administration, 1991 administrative review of the suspension of liquidation as a result of International Trade Administration, countervailing duty order on oil country the conclusion of this agreement. Department of Commerce. tubular goods from Argentina, has been EFFECTIVE DATE: October 1, 1999. modified to cover only reimbursements 2 See Oil Country Tubular Goods from Argentina; FOR FURTHER INFORMATION CONTACT: of indirect local taxes, and no longer Final Results of Countervailing Duty Administrative Javier Barrientos or Dana Mermelstein, Review, 62 FR 55589 (October 27, 1997) (affirming covers import duties, except the preliminary determination). Office of CVD/AD Enforcement VII, reimbursement of duties paid on 3 See Ceramica Regiomontana v. United States, 64 Import Administration, U.S. Department imported products which are re- F.3d 1579 (Fed. Cir. 1995) (‘‘Ceramica’’). of Commerce, Room 7866, 14th Street

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The following products, by Department of Commerce (the or wider, (whether or not in way of example, are outside and/or Department) preliminarily determines successively superimposed layers and/ specifically excluded from the scope of that countervailable subsidies have been or otherwise coiled, such as spirally this investigation: provided to producers and/or exporters oscillated coils), and also in straight • SAE grades (formerly also called of certain cold-rolled flat-rolled carbon- lengths, which, if less than 4.75 mm in AISI grades) 2300 and higher; quality steel products from Brazil. For thickness having a width that is 0.5 inch • Ball bearing steels, as defined in the information on the estimated or greater and that measures at least 10 HTSUS; countervailing duty rates, please see the times the thickness; or, if of a thickness • Tool steels, as defined in the ‘‘Suspension of Liquidation’’ section of of 4.75 mm or more, having a width HTSUS; • this notice. exceeding 150 mm and measuring at Silico-manganese steel, as defined in the HTSUS; SUPPLEMENTARY INFORMATION: least twice the thickness. The products • described above may be rectangular, Grain-oriented silicon electrical Petitioners steel; square, circular or other shape and • The petition in this investigation was include products of either rectangular or Non-grain-oriented silicon electrical filed by Bethlehem Steel Corporation, non-rectangular cross-section where steel with a silicon level exceeding 2.25 Gulf States Steel Inc., Ispat Inland, Inc., such cross-section is achieved percent; • All products (proprietary or LTV Steel Company, Inc., National Steel subsequent to the rolling process (i.e., otherwise) based on an alloy ASTM Corporation, Steel Dynamics Inc., U.S. products which have been ‘‘worked specification (sample specifications: Steel Group (a unit of USX Corporation), after rolling’’)—for example, products ASTM A506, A507). Weirton Steel Corporation, the which have been beveled or rounded at Independent Steelworkers of America The merchandise subject to this the edges. investigation is typically classified in and the United Steelworkers of America Specifically included in this scope are the HTSUS at subheadings: (collectively, ‘‘the petitioners’’). vacuum degassed, fully stabilized 7209.15.0000, 7209.16.0030, (commonly referred to as interstitial-free Case History 7209.16.0060, 7209.16.0090, (IF)) steels, high strength low alloy 7209.17.0030, 7209.17.0060, Since the publication of the notice of (HSLA) steels, and motor lamination 7209.17.0090, 7209.18.1530, initiation in the Federal Register (see steels. IF steels are recognized as low 7209.18.1560, 7209.18.2510, Notice of Initiation of Countervailing carbon steels with micro-alloying levels 7209.18.2550, 7209.18.6000. Duty Investigations: Certain Cold-Rolled of elements such as titanium and/or 7209.25.0000, 7209.26.0000, Flat-Rolled Carbon-Quality Steel niobium added to stabilize carbon and 7209.27.0000, 7209.28.0000, Products From Brazil, Indonesia, nitrogen elements. HSLA steels are 7209.90.0000, 7210.70.3000, Thailand, and Venezuela, 64 FR 34204 recognized as steels with micro-alloying 7210.90.9000, 7211.23.1500, (June 25, 1999) (Initiation Notice)), the levels of elements such as chromium, 7211.23.2000, 7211.23.3000, following events have occurred. On June copper, niobium, titanium, vanadium, 7211.23.4500, 7211.23.6030, 25, 1999, we issued countervailing duty and molybdenum. Motor lamination 7211.23.6060, 7211.23.6075, questionnaires to the Government of steels contain micro-alloying levels of 7211.23.6085, 7211.29.2030, Brazil (GOB) and the producers/ elements such as silicon and aluminum. exporters of the subject merchandise Steel products included in the scope 7211.29.2090, 7211.29.4500, (cold-rolled flat-rolled carbon-quality of this investigation, regardless of 7211.29.6030, 7211.29.6080, steel products, or ‘‘cold-rolled steel’’). definitions in the Harmonized Tariff 7211.90.0000, 7212.40.1000, On August 3, 1999, we received Schedules of the United States 7212.40.5000, 7212.50.0000, responses to our initial questionnaires (HTSUS), are products in which (1) iron 7225.19.0000, 7225.50.6000, from the GOB and the producers/ predominates, by weight, over each of 7225.50.7000, 7225.50.8010, exporters of the subject merchandise: the other contained elements, (2) the 7225.50.8015, 7225.50.8085, Companhia Siderugica Nacional (CSN), carbon content is 2 percent or less, by 7225.99.0090, 7226.19.1000, Usinas Siderugicas de Minas Gerais weight, and (3) none of the elements 7226.19.9000, 7226.92.5000, (USIMINAS) and Companhia listed below exceeds the quantity, by 7226.92.7050, 7226.92.8050, and Siderurgica Paulista (COSIPA). Acesita- weight, respectively indicated: 7226.99.0000. Cia Acos Especiais Itabira entered an Although the HTSUS subheadings are appearance on July 16, 1999, stating that 1.80 percent of manganese, or provided for convenience and Customs 2.25 percent of silicon, or it had not exported subject merchandise 1.00 percent of copper, or purposes, the written description of the to the United States during the POI. On 0.50 percent of aluminum, or merchandise under investigation is August 24, 1999, we issued a 1.25 percent of chromium, or dispositive. supplemental questionnaire to the GOB 0.30 percent of cobalt, or The Applicable Statute and Regulations and received the response on September 0.40 percent of lead, or 13, 1999. We issued a second 1.25 percent of nickel, or Unless otherwise indicated, all supplemental questionnaire on 0.30 percent of tungsten, or citations to the statute are references to September 20, 1999, and received the 0.10 percent of molybdenum, or the provisions effective January 1, 1995, response on September 23, 1999. 0.10 percent of niobium (also called the effective date of the amendments columbium), or made to the Tariff Act of 1930 (the Act) Scope of Investigation 0.15 percent of vanadium, or by the Uruguay Round Agreements Act For purposes of this investigation, the 0.15 percent of zirconium. (URAA). In addition, unless otherwise products covered are certain cold-rolled All products that meet the written indicated, all citations to the (cold-reduced) carbon steel flat physical description, and in which the Department’s regulations are to the

VerDate 22-SEP-99 18:00 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\01OCN1.XXX pfrm01 PsN: 01OCN1 53334 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Notices regulations codified at 19 C.F.R. Part interest in USIMINAS was transferred to S.A., Previ, the CSN Employee 351 (1998) and to the substantive SIDERBRAS, the government holding Investment Club, and the CSN employee countervailing duty regulations company for steel interests. The pension fund. As discussed above, published in the Federal Register on company underwent several expansions CVRD was partially privatized in 1997; November 25, 1998 (63 FR 65348) (CVD of capacity throughout the 1980s. In CSN was part of the consortium that Regulations). 1990, SIDERBRAS was put into acquired control of CVRD through this liquidation and the GOB decided to partial privatization. Injury Test include its operating companies, Attribution of Subsidies Because Brazil is a ‘‘Subsidies including USIMINAS, in its National Agreement Country’’ within the Privatization Program (NPP). In 1991, The GOB has identified three meaning of section 701(b) of the Act, the USIMINAS was partially privatized; as producers/exporters of the subject ITC is required to determine whether a result of the initial auction, merchandise in this investigation: imports of the subject merchandise from Companhia do Vale do Rio Doce USIMINAS, COSIPA, and CSN. As Brazil materially injure, or threaten (CVRD), a majority government-owned discussed above, USIMINAS owns 49.8 material injury to, a U.S. industry. On iron ore producer, acquired 15 percent percent of COSIPA. The CVD July 30, 1999, the ITC published its of USIMINAS’s common shares. In Regulations, at section 351.525(b)(6)(ii) preliminary determination that there is 1994, the Government disposed of provide guidance with respect to the a reasonable indication that an industry additional holdings, amounting to 16.2 attribution of subsidies between or in the United States is being materially percent of the company’s equity. among companies which have cross- injured, or threatened with material USIMINAS is now owned by CVRD and ownership. Specifically, with respect to injury, by reason of imports from Brazil a consortium of private investors, two or more corporations producing the of the subject merchandise (64 FR including Nippon Usiminas, Caixa de subject merchandise which have cross- 41458). The Commission transmitted its Previdencia dos Funcionarios do Banco ownership, the regulations direct us to determination in this investigation to do Brasil (Previ) and the USIMINAS attribute the subsidies received by either the Secretary of Commerce on July 19, Employee Investment Club. CVRD was or both corporations to the products 1999. The views of the Commission are partially privatized in 1997, when 31 produced by both corporations. Further, contained in USITC Publication 3214 percent of the company’s shares were section 351.525(b)(6)(vi) defines cross- (July 1999), entitled Certain Cold-Rolled sold. ownership as existing ‘‘between two or Steel Products from Argentina, Brazil, COSIPA was established in 1953 as a more corporations where one China, Indonesia, Japan, Russia, government-owned steel production corporation can use or direct the Slovakia, South Africa, Taiwan, company. In 1974, COSIPA was individual assets of the other Thailand, Turkey, and Venezuela: transferred to SIDERBRAS. Like corporation(s) in essentially the same Investigations Nos. 701–TA–393–396 USIMINAS, COSIPA was included in ways it can use its own assets. and 731–TA–829–840 (Preliminary). the NPP after SIDERBRAS was put into Normally, this standard will be met liquidation. In 1993, COSIPA was where there is a majority voting Alignment With Final Antidumping partially privatized, with the GOB ownership interest between two Duty Determination retaining a minority of the preferred corporations through common On September 16, 1999, the shares. Control of the company was ownership of two (or more) petitioners submitted a letter requesting acquired by a consortium of investors corporations.’’ The preamble to the CVD alignment of the final determination in led by USIMINAS. In 1994, additional Regulations identifies situations where this investigation with the final government-held shares were sold, but cross-ownership may exist even though determination in the companion the GOB still maintained approximately there is less than a majority voting antidumping duty investigation. See 25 percent of COSIPA’s preferred interest between two corporations: ‘‘in Initiation of Antidumping Duty shares. During the POI, USIMINAS certain circumstances, a large minority Investigations: Certain Cold-Rolled Flat- owned 49.8 percent of the voting capital interest (for example, 40 percent) or a Rolled Carbon-Quality Steel Products stock of the company. Other principal ‘‘golden share’’ may also result in cross- From Argentina, Brazil, the People’s owners include Bozano Simonsen Asset ownership’’ (63 FR at 65401). Republic of China, Indonesia, Japan, the Management Ltd., the COSIPA In this investigation, we have Russian Federation, Slovakia, South Employee Investment Club, and preliminarily determined that Africa, Taiwan, Thailand, Turkey, and COSIPA’s Pension Fund (FEMCO). USIMINAS’s 49.8 percent ownership Venezuela, 64 FR 34194 (June 22, 1999). CSN was established in 1941 and interest in COSIPA is sufficient to In accordance with section 705(a)(1) of commenced operations in 1946 as a establish cross-ownership between the the Act, we are aligning the final government-owned steel company. In two companies because USIMINAS is determination in this investigation with 1974, CSN was transferred to capable of using or directing the the final determinations in the SIDERBRAS. In 1990, when individual assets of COSIPA in antidumping investigations of certain SIDERBRAS was put into liquidation, essentially the same ways it can use its cold-rolled flat-rolled carbon-quality the GOB included CSN in its NPP. In own assets. We base this determination steel products. 1991, 12 percent of the equity of the on the following facts: (1) USIMINAS company was transferred to the CSN has virtually a majority share in Period of Investigation employee pension fund. In 1993, CSN COSIPA; and (2) the remaining The period of investigation for which was partially privatized; CVRD, through shareholdings are divided among we are measuring subsidies (the POI) is its subsidiary Vale do Rio Doce numerous shareholders (more than ten), calendar year 1998. Navegacao S.A. (Docenave), acquired with no one shareholder controlling 9.4 percent of the common shares. The even one-quarter of the shares which Company Histories GOB’s remaining share of the firm was USIMINAS controls. Thus, for purposes USIMINAS was founded in 1956 as a sold in 1994. CSN is now owned by of this preliminary determination, we venture between the Brazilian Docenave/CVRD and a consortium of have calculated one subsidy rate for Government, various stockholders and private investors, including Uniao USIMINAS/COSIPA, by adding together Nippon Usiminas. In 1974, the majority Comercio e Partipacoes Ltda., Textilia their countervailable subsidies during

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Further, it was common the POI, two entities, CVRD and Previ subsidies by the company’s net worth knowledge that these bonds traded at a (the pension fund of the Bank of Brasil), for each of the years corresponding to discount in these markets, and that had meaningful holdings in both the company’s allocation period, ending investors actively traded to obtain the USIMINAS and CSN. As these entities one year prior to the privatization. We cheapest bonds in order to maximize both have ownership interests in and then take the simple average of these their positions in the privatization elect members to the Boards of Directors ratios, which serves as a reasonable auctions. The value of the bonds varied of both companies, we examined surrogate for the percentage that depending on the instrument’s yield subsidies constitute of the overall value, whether CSN and USIMINAS could, and length to maturity and traded i.e., net worth, of the company. Next, we notwithstanding the absence of direct within a range of 40 percent to 90 multiply the purchase price of the cross-ownership between them, have percent of the redeemable value, i.e., cross-ownership such that their interests company by this average ratio to derive the portion of the purchase price that with a discount ranging from 10 percent are merged, and one company could to 60 percent. Because various issues of have the ability to use or direct the we estimate to reflect the repayment of prior subsidies. Then, we reduce the bonds were accepted as privatization assets of the other through their currencies, with different yields and common investors. CVRD holds 15.48 benefit streams of the prior subsidies by the ratio of the repayment/reallocation terms, precise valuation data was not percent of USIMINAS and 10.3 percent available. However, public information of CSN (through Docenave); Previ holds amount to the net present value of all from the record of the hot-rolled 15 percent of the common shares of remaining benefits at the time of the investigation subsequently placed on USIMINAS and 13 percent of CSN. Both change in ownership. In the current investigation, we are the record of this investigation, USIMINAS and CSN are controlled analyzing the privatizations of through shareholders’ agreements, indicates that during the period of USIMINAS, COSIPA and CSN, which require the participating 1991–1994 most bonds traded with including the various partial shareholders (who account for more discounts ranging from 40 to 60 percent privatizations. In conducting these than 50 percent of the shares of the on average. Privatization Certificates analyses, to the extent that partially company) pre-vote issues before the (CPs), which banks were forced to government-owned companies Board of Directors and vote as a block. purchase and could only be used in the purchased shares, we have not applied While CVRD and Previ both participate privatization auctions, traded at a our methodology to a percentage of the discount of approximately 60 percent on in the CSN shareholders’ agreement, acquired shares equal to the percentage and thus exercise considerable average. See Brazil Hot-Rolled Final, 64 of government ownership in the FR at 38745. influence over the use of CSN’s assets, partially government-owned purchaser. neither CVRD or Previ participates in We have adjusted certain figures In the hot-rolled investigation, we the USIMINAS shareholders’ agreement included in the privatization concluded that some adjustment to the and neither CVRD or Previ has any calculations to account for inflationary purchase price of the companies is appreciable influence (beyond their accounting practices. Further, we have warranted because of the use of respective 15.48 and 15 percent made additional adjustments to privatization currencies in the auctions. USIMINAS shareholdings) over the use USIMINAS and CSN’s calculations to See Brazil Hot-Rolled Final, at 38745, of USIMINAS’s assets. Therefore, account for CVRD’s 1997 partial 38752 (the Department’s Position on CVRD’s and Previ’s shareholdings in privatization. See Brazil Hot-Rolled Comment 3). No further information has both USIMINAS and CSN are not Final at 38745, 38752 (Department’s been provided in the record of this sufficient to establish cross-ownership Position on Comment 3). investigation which would enable us to between those two companies under our In the Brazil Hot-Rolled Final, we refine or otherwise cause us to change regulatory standard. This lack of noted the use of privatization the approach we developed in the hot- common majority shareholders leads us currencies, i.e., certain existing rolled investigation. Thus, we have to preliminarily determine that government bonds, privatization followed the same approach and have USIMINAS’s and CSN’s interests have certificates and frozen currencies, and applied a 30 percent discount to the not merged, i.e., one company is not examined them in the context of our able to use or direct the individual MYDFAs. In addition, as we did in the privatization methodology. We obtained hot-rolled investigation, we have assets of the other as though the assets information about the use and valuation applied a 60 percent discount to the were their own. Thus, for the purposes of the privatization currencies that were CPs. See Id. For the remaining of this preliminary determination, we used in the NPP, and we learned about have calculated a separate how privatization currencies were privatization currencies, in the Brazil countervailing duty rate for CSN. valued in the context of the Hot-Rolled Final, we applied a 50 percent discount as facts available, Changes in Ownership privatization auctions. Specifically, we found that the GOB accepted most of which reflected an average of the range In the General Issues Appendix (GIA), these currencies at their full redeemable of discounts estimated. Because no attached to the Final Affirmative value (face value discounted according information has been provided to date Countervailing Duty Determination; to the time remaining until maturity). in this investigation which accurately Certain Steel Products from Austria, 58 Additionally, foreign debt and indicates the relevant secondary market FR 37217, 37226 (July 9, 1993), we restructuring bonds (MYDFAs) were discounts for these instruments, and in applied a new methodology with accepted at 75 percent of their accordance with section 776(a) of the respect to the treatment of subsidies redeemable value. Many of the Act, we are again applying, as facts received prior to the sale of the government bonds that were accepted as available, the 50 percent discount to the company (privatization). privatization currencies were trading at remaining privatization currencies.

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Subsidies Valuation Information: Section 351.507(a)(3) of the rate. Therefore, for our discount rate, we Department’s CVD Regulations provides used data for U.S. dollar lending in Allocation Period that a determination that a firm is Brazil for long-term non-guaranteed Section 351.524(d)(2) of the CVD unequityworthy constitutes a loans from private lenders, as published Regulations states that we will presume determination that the equity infusion in the World Bank Debt Tables: External the allocation period for non-recurring was inconsistent with usual investment Finance for Developing Countries. This subsidies to be the average useful life practices of private investors. The conforms with our practice in Certain (AUL) of renewable physical assets for Department will then apply the Steel Final (58 FR at 37298); Brazil Hot- the industry concerned, as listed in the methodology described in section Rolled Final (64 FR at 38746) and Final Internal Revenue Service’s (IRS) 1977 351.507(a)(6) of the regulations, and Affirmative Countervailing Duty Class Life Asset Depreciation Range treat the equity infusion as a grant. Use Determination: Steel Wire Rod from System and updated by the Department of the grant methodology for equity Venezuela (62 FR 55014, 55019, 55023) of Treasury. The presumption will infusions into an unequityworthy (October 21, 1997). apply unless a party claims and company is based on the premise that establishes that these tables do not an unequityworthiness finding by the Because we have determined that reasonably reflect the AUL of the Department is tantamount to saying that USIMINAS, COSIPA, and CSN were renewable physical assets for the the company could not have attracted uncreditworthy in the years in which company or industry under investment capital from a reasonable they received equity infusions, section investigation, and the party can investor in the infusion year based on 351.505 (a)(3)(iii) of the CVD establish that the difference between the the available information. Regulations directs us regarding the company-specific or country-wide AUL calculation of a discount rate for for the industry under investigation is Creditworthiness purposes of calculating the benefits for significant. To determine whether a company is uncreditworthy companies. No company requested or submitted uncreditworthy, the Department must To calculate the discount rate for information which yielded a company- examine whether the firm could have uncreditworthy companies, the specific AUL significantly different from obtained long-term loans from Department must identify values for the the AUL listed in the IRS tables. conventional commercial sources based probability of default by uncreditworthy Therefore, we are using the 15 year AUL on information available at the time of as reported in the IRS tables to allocate the government-provided loan. See and creditworthy companies. For the non-recurring subsidies under section 351.505 (a)(4) of the CVD probability of default by an investigation in the preliminary Regulations. In this context, the term uncreditworthy company, we normally calculations. ‘‘commercial sources’’ refers to bank rely on the average cumulative default rates reported for the Caa to C-rated Equityworthiness loans and non-speculative grade bond issues. See section 351.505 (a)(2)(ii) of category of companies as published in In measuring the benefit from a the CVD Regulations. Moody’s Investors Service, ‘‘Historical government equity infusion, in The Department has previously Default Rates of Corporate Bond Issuers, accordance with section 351.507 (a)(1) determined that respondents were 1920–1997’’ (February 1998).1 For the of the Department’s CVD Regulations, a uncreditworthy in the following years: probability of default by a creditworthy government-provided equity infusion USIMINAS, 1983–1988; COSIPA, 1983– company, we used the cumulative confers a benefit to the extent that the 1989 and 1991–1993; and CSN 1983– default rates for Investment Grade bonds investment decision is inconsistent with 1992. See Certain Steel from Brazil, 58 as reported by Moody’s. We established the usual investment practice of private FR at 37297; Brazil Hot-Rolled Final, 64 that this figure represents a weighted investors, including the practice FR at 38746–38747. No new information average of the cumulative default rates regarding the provision of risk capital, has been presented in this investigation for Aaa to Baa-rated companies. See in the country in which the equity that would lead us to reconsider these September 24, 1999, Memorandum to infusion is made. See also section findings. the File, ‘‘Conversations and 771(5)(E)(i) of the Act. Our review of the correspondence regarding the weighted Discount Rates record in this investigation has not led average default rates of corporate bond us to change our finding from prior From 1984 through 1994, Brazil issuers as published by Moody’s,’’ on investigations. Specifically, we experienced persistent high inflation. file in the CRU. The use of the weighted determined an unequityworthy status: There were no long-term fixed-rate average is appropriate because the data (1) for COSIPA, 1977 through 1989, and commercial loans made in domestic reported by Moody’s for the Caa to C- 1992 through 1993; (2) for USIMINAS, currencies during those years that could rated companies is also a weighted 1980 through 1988; and (3) for CSN, be used as discount rates. As in the average. See Id. For non-recurring 1977 through 1992. Final Affirmative Certain Steel Final (58 FR at 37298) and subsidies, we used the average Countervailing Duty Determinations: the Brazil Hot-Rolled Final (64 FR cumulative default rates for both Certain Steel Products from Brazil, 58 38745–38746), we have determined that uncreditworthy and creditworthy FR 37295, 37297 (July 9, 1993) (1993 the most reasonable way to account for companies based on a 15-year term, Certain Steel Final); Brazil Hot-Rolled the high inflation in the Brazilian since all of the non-recurring subsidies Final, 64 FR at 38746. We note that economy through 1994, and the lack of examined were allocated over a 15-year because the Department determined that an appropriate Brazilian discount rate, period. it is appropriate to use a 15-year is to convert the non-recurring subsidies allocation period for non-recurring into U.S. dollars. If available, we 1 We note that since publication of the CVD subsidies, equity infusions provided in applied the exchange rate applicable on Regulations, Moody’s Investors Service no longer the years 1977 through 1983 no longer the day the subsidies were granted, or, reports default rates for Caa to C-rated category of provide a benefit in the POI. No new if unavailable, the average exchange rate companies. Therefore for the calculation of uncreditworthy interest rates, we will continue to information has been submitted in this in the month the subsidies were rely on the default rates as reported in Moody investigation that would cause us to granted. Then we applied, as the Investor Service’s publication dated February 1998 reconsider these determinations. discount rate, a long-term dollar lending (at Exhibit 28).

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I. Programs Preliminarily Determined this basis, we preliminarily determine C. GOB Debt-to-Equity Swap Provided to To Be Countervailable the net subsidy to be 5.37 percent ad CSN in 1992 valorem for CSN and 5.99 percent ad A. Pre-1992 Equity Infusions valorem for USIMINAS/COSIPA. Prior to CSN’s privatization, and in As discussed above, the GOB, through accordance with the recommendations SIDERBRAS, provided equity infusions B. GOB Debt-for-Equity Swaps Provided of one of the consultants who examined to USIMINAS (1983 through 1988), to COSIPA in 1992 and 1993 CSN, in 1992, the GOB converted some COSIPA (1983 through 1989 and 1991) Prior to COSIPA’s privatization, and of CSN debt into GOB equity in CSN. In and CSN (1983 through 1991) that have in accordance with the this investigation, we initiated on this previously been investigated by the recommendations of one of the debt-for-equity swap as a straight equity Department. See Certain Steel from consultants who examined COSIPA, the infusion (see Initiation Notice 64 FR Brazil, 58 FR at 37298; Brazil Hot-Rolled GOB made two debt-for-equity swaps in 34204), but subsequent to our initiation, Final, 64 FR at 38747–38748. 1992 and 1993. We previously in the Brazil Hot-Rolled Final, we We preliminarily determine that examined these swaps and determined determined that this constituted a debt- under section 771(5)(E)(i) of the Act, the that they were not consistent with the equity infusions into USIMINAS, for-equity swap (64 FR at 38748). In the usual investment practices of private Brazil Hot-Rolled Final, we determined COSIPA and CSN were not consistent investors, constituted a financial with the usual investment practices of that this swap was not consistent with contribution within the meaning of private investors. Thus, these infusions the usual investment practices of private section 771(5)(D) of the Act, and constitute financial contributions within investors and therefore conferred therefore conferred countervailable the meaning of section 771(5)(D) of the countervailable benefits on CSN in the benefits on COSIPA in the amount of Act and confer a benefit in the amount amount of the swap. See Id. No each conversion. See Brazil Hot-Rolled of each infusion (see information has been provided in this Final, 64 FR at 38747. No information ‘‘Equityworthiness’’ section above). investigation which would warrant has been provided in this investigation These equity infusions are specific reconsideration of that finding. Thus, which would warrant the within the meaning of section reconsideration of this finding. Thus, we preliminarily determine that 771(5A)(D) of the Act because they were we preliminarily determine that pursuant to section 771(5)(E)(i) of the limited to each of the companies. Act, this debt-to-equity swap constitutes Accordingly, we find that the pre-1992 pursuant to section 771(5)(E)(i) of the Act, these debt-for-equity swaps confer a financial contribution which confers a equity infusions are countervailable benefit in the amount of the swap (see subsidies within the meaning of section a benefit in the amount of each swap (see ‘‘Equityworthiness’’ section above). ‘‘Equityworthiness’’ section above). This 771(5) of the Act. debt-for-equity swap is specific within As explained in the ‘‘Equity These debt-for-equity swaps are specific the meaning of section 771(5A)(D) of the Methodology’’ section above, we have within the meaning of section treated equity infusions into 771(5A)(D) of the Act because they were Act because it is limited to CSN. unequityworthy companies as grants limited to COSIPA. Accordingly, we Accordingly, we find that the GOB debt- given in the year the infusion was find that the GOB debt-for-equity swaps for-equity swaps provided to CSN in received. These infusions are non- provided to COSIPA in 1992 and 1993 1992 is a countervailable subsidy within recurring subsidies in accordance with are countervailable subsidies within the the meaning of section 771(5) of the Act. section 351.524(c)(1) of the CVD meaning of section 771(5) of the Act. This debt-to-equity swap constitutes Regulations. Consistent with section Each debt-to-equity swap constitutes an equity infusion in the year in which 351.524(d)(3)(ii) of the CVD Regulations, an equity infusion in the year in which the swap was made. As such, we have because USIMINAS, COSIPA and CSN the swap was made. As such, we have treated this debt-for-equity swap as a were uncreditworthy in the relevant treated each debt-for-equity swap as a grant given in the year the swap was years (the years the equity infusions grant given in the year the swap was made in accordance with section were received), we applied a discount made in accordance with section 351.507(a)(6) of the CVD Regulations. 351.507(a)(6) of the CVD Regulations. rate that takes into account the Further these swaps, as equity Further these swaps, as equity differences between the probabilities of infusions, are non-recurring in default of creditworthy and infusions, are non-recurring in accordance with section 351.524(c)(1) of uncreditworthy borrowers. From the accordance with section 351.524(c)(1) of the CVD Regulations. Because CSN was time USIMINAS, COSIPA and CSN were the CVD Regulations. Because COSIPA privatized, we have been following the was uncreditworthy in the years of uncreditworthy in the years of receipt, methodology outlined in the ‘‘Change in receipt, we applied a discount rate we applied a discount rate consistent Ownership’’ section above to determine consistent with section 351.524(d)(3)(ii) with section 351.524(d)(3)(ii) of the CVD the amount of each equity infusion of the CVD Regulations as discussed in Regulations as discussed in the attributable to the companies after the ‘‘Uncreditworthy Rate’’ section ‘‘Uncreditworthy Rate’’ section above. privatization. We still continue to rely above. Since COSIPA has been Since CSN has been privatized, we on this methodology except for the privatized, we followed the followed the methodology outlined in selection of the discount rate as methodology outlined in the ‘‘Change in the ‘‘Change in Ownership’’ section discussed above. Ownership’’ section above to determine above to determine the amount of the For CSN, we summed the benefits the amount of each debt-for-equity swap debt-for-equity swap attributable to the allocable to the POI from all equity attributable to the company after company after privatization. We divided infusions and divided by CSN’s total privatization. We divided the benefit the benefit allocable to the POI from the sales during the POI. For USIMINAS/ allocable to the POI from these debt-for- equity infusion by CSN’s total sales COSIPA, we summed the benefits equity swaps by the combined total during the POI. On this basis, we allocable to the POI from all of the sales of USIMINAS/COSIPA. On this preliminarily determine the net subsidy equity infusions and divided this basis, we preliminarily determine the to be 1.30 percent ad valorem for CSN. amount by the combined total sales of net subsidy to be 5.89 percent ad USIMINAS/COSIPA during the POI. On valorem for USIMINAS/COSIPA.

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II. Program for Which the Investigation Company Net subsidy rate arguments to be raised at the hearing. In is Being Rescinded addition, six copies of the business All Others ...... 9.76 % ad valorem. proprietary version and six copies of the Negotiated Deferrals of Tax Liabilities non-proprietary version of the case Prior to COSIPA’s privatization, and In accordance with section 703(d) of briefs must be submitted to the on the recommendation of one of the the Act, we are directing the U.S. Assistant Secretary no later than 50 days consultants who examined COSIPA, Customs Service to suspend liquidation from the date of publication of the COSIPA negotiated with the various tax of all entries of certain cold-rolled flat- preliminary determination. As part of authorities in order to arrange to pay its rolled carbon-quality steel products the case brief, parties are encouraged to large tax arrears in deferred from Brazil, which are entered or provide a summary of the arguments not installments. COSIPA was able to withdrawn from warehouse, for to exceed five pages and a table of arrange for installment payments for ten consumption on or after the date of the statutes, regulations, and cases cited. different types of taxes owed. CSN also publication of this notice in the Federal Six copies of the business proprietary arranged for installment payments for Register, and to require a cash deposit version and six copies of the non- one tax liability. or bond for such entries of the proprietary version of the rebuttal briefs Petitioners alleged that these merchandise in the amounts listed must be submitted to the Assistant negotiated tax deferrals provided above. This suspension of liquidation Secretary no later than 5 days from the countervailable subsidies to COSIPA will remain in effect until further notice. date of filing of the case briefs. An and CSN. The Department initiated on ITC Notification interested party may make an these deferrals, acknowledging the then- affirmative presentation only on In accordance with section 703(f) of preliminary determination in the hot- arguments included in that party’s case the Act, we will notify the ITC of our rolled investigation that these deferrals or rebuttal briefs. Written arguments determination. In addition, we are were not countervailable. See should be submitted in accordance with making available to the ITC all Preliminary Affirmative Countervailing 19 C.F.R. 351.309 and will be nonprivileged and nonproprietary Duty Determination and Alignment of considered if received within the time information relating to this Final Countervailing Duty limits specified above. investigation. We will allow the ITC Determination with Final Antidumping This determination is published Duty Determination: Certain Hot-Rolled access to all privileged and business proprietary information in our files, pursuant to sections 703(f) and 777(i) of Flat-Rolled Carbon-Quality Steel the Act. Products from Brazil 64 FR 8313, 8321 provided the ITC confirms that it will (February 19, 1999) (Brazil Hot-Rolled not disclose such information, either Dated: September 27, 1999. Prelim). The Department has since made publicly or under an administrative Robert S. LaRussa, a final determination that this program protective order, without the written Assistant Secretary for Import is not specific and therefore does not consent of the Assistant Secretary for Administration. provide countervailable subsidies. See Import Administration. [FR Doc. 99–25619 Filed 9–30–99; 8:45 am] If our final determination is Brazil Hot-Rolled Final, 64 FR at 38748– BILLING CODE 3510±DS±P 38749. No information has been placed affirmative, the ITC will make its final on the record of this investigation which determination within 45 days after the would warrant the reconsideration of Department makes its final DEPARTMENT OF COMMERCE this finding. Thus, we are rescinding determination. International Trade Administration our investigation of this program. See Public Comment Memorandum to the File, In accordance with 19 CFR 351.310, 1999 Trade Missions Application Countervailing Duty Investigation of we will hold a public hearing, if Opportunity Certain Cold-Rolled Flat-Rolled Carbon- requested, to afford interested parties an Quality Steel Products from Brazil, opportunity to comment on this AGENCY: International Trade August 2, 1999, on file in the Import preliminary determination. The hearing Administration, Department of Administration Central Records Unit is tentatively scheduled to be held 57 Commerce. (CRU), Room B–099 of the Department days from the date of publication of the ACTION: Notice. of Commerce. preliminary determination at the U.S. Verification Department of Commerce, 14th Street SUMMARY: The Department of Commerce and Constitution Avenue, NW., invites U.S. companies to participate in In accordance with section 782(i)(1) of Washington, D.C. 20230. Individuals the following overseas trade missions the Act, we will verify the information who wish to request a hearing must that they also explain at the following submitted by respondents prior to submit a written request within 30 days website: http://www.ita.doc.gov/doctm. making our final determination. of the publication of this notice in the For a comprehensive description of the Suspension of Liquidation Federal Register to the Assistant trade mission, obtain a copy of the In accordance with section Secretary for Import Administration, mission statement from the project 703(d)(1)(A)(i) of the Act, we calculated U.S. Department of Commerce, Room officer listed below. The recruitment a combined ad valorem rate for 1870, 14th Street and Constitution and selection of private sector USIMINAS and COSIPA and an Avenue, N.W., Washington, D.C. 20230. participants will be conducted individual rate for CSN. The total Parties should confirm by telephone the according to the Statement of Policy estimated net countervailable subsidy time, date, and place of the hearing 48 Governing Department of Commerce rates are stated below. hours before the scheduled time. Overseas Trade Missions announced by Requests for a public hearing should Secretary Daly on March 3, 1997. Company Net subsidy rate contain: (1) the party’s name, address, Assistant Secretarial Business and telephone number; (2) the number Development Mission to Mercosur USIMINAS/COSIPA .. 11.88 % ad valorem. of participants; and, (3) to the extent Chile, Uruguay and Argentina, CSN ...... 6.67 % ad valorem. practicable, an identification of the November 8–13, 1999.

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FOR FURTHER INFORMATION CONTACT: Joan DATES: Written comments must be agency’s estimate of the burden Hall at the Department of Commerce. submitted on or before November 30, (including hours and cost) of the Telephone number 202–482–2267 or 1999. proposed collection of information; (c) FAX 202–482–0115. The U.S. ADDRESSES: Direct all written comments ways to enhance the quality, utility, and Franchising Matchmaker Trade to Linda Engelmeier, Departmental clarity of the information to be Delegation, The Hague, Netherlands, Forms Clearance Officer, Department of collected; and (d) ways to minimize the Munich, Germany, Milan, Italy and Commerce, Room 5327, 14th and burden of the collection of information Paris, France, November 1–10, 1999. Constitution Avenue NW, Washington on respondents, including through the FOR FURTHER INFORMATION CONTACT: Sam DC 20230 (or via Internet at use of automated collection techniques Dhir at the Department of Commerce. [email protected]). or other forms of information Telephone number: 202–482–4756 or FOR FURTHER INFORMATION CONTACT: technology. FAX number: 202–482–0178. The Requests for additional information or Comments submitted in response to Healthcare Technologies Matchmaker copies of the information collection this notice will be summarized and /or Trade Delegation, Madrid, Spain and instrument(s) and instructions should included in the request for OMB Milan, Italy, February 28–March 3, be directed to Kimberly Dawson, Highly approval of this information collection; 2000. Migratory Species Management they also will become a matter of public record. FOR FURTHER INFORMATION CONTACT: Division, NMFS, NOAA, 1315 East-West Yvonne Jackson at the Department of Highway, Silver Spring, MD 20910, Dated: September 24, 1999. Commerce. Telephone number: 202– 301–713–2328. Linda Engelmeier, 482–2675 or FAX number: 202–482– SUPPLEMENTARY INFORMATION: Departmental Forms Clearance Officer, Office of Chief Information Officer. 0178. I. Abstract FOR FURTHER INFORMATION CONTACT: [FR Doc. 99–25572 Filed 9–30–99; 8:45 am] Molly Costa, U.S. Department of Tournament operators planning to BILLING CODE 3510±22±F Commerce: Tel: 202–482–0691 or FAX hold tournaments targeting Atlantic number: 202–482–0178. The Hotel and highly migratory species (i.e., tunas, Recreation Equipment Trade Mission, billfish, swordfish, sharks) will be DEPARTMENT OF COMMERCE Santo Domingo and Puerta Plata, required to register their tournaments with NMFS at least 4 weeks prior to the National Oceanic and Atmospheric Dominican Republic, February 8–11, Administration 2000. beginning of the tournament. Tournament operators who have held FOR FURTHER INFORMATION CONTACT: [Docket No. 990907250±9250±01; I.D. tournaments targeting Atlantic highly 063099B] Sheila de Andujar at the U.S. migratory species will be required to Department of Commerce Telephone: RIN 0648±ZA70 submit summary reports on landings of 809–221–2171, x408 or FAX 809–688– Atlantic highly migratory species to 4838. Community-Based Restoration NMFS. International treaty obligations Program Dated: September 27, 1999. pertaining to catch monitoring and AGENCY: John Klingelhut, provision of scientific information for National Marine Fisheries Service (NMFS), National Oceanic and Director, Office of Private/Public Initiatives. these species require a comprehensive reporting program. Atmospheric Administration (NOAA), [FR Doc. 99–25487 Filed 9–30–99; 8:45 am] Commerce. BILLING CODE 3510±FP±M II. Method of Collection ACTION: Request for comments on The information required will be proposed guidelines for the Community- DEPARTMENT OF COMMERCE transcribed on registration and reporting Based Restoration Program. forms provided by NMFS. Completed SUMMARY: NOAA Fisheries began a new National Oceanic and Atmospheric forms are mailed to NMFS. Community-Based Restoration Program Administration III. Data (Program) in 1996 to encourage local efforts to restore fish habitats. Since that [I.D.092799F] OMB Number: 0648–0323. time NOAA has provided funding to 66 Form Number: None. small-scale habitat restoration projects Highly Migratory Species Tournament Type of Review: Regular submission. around coastal America. The Program is Registration and Reporting Affected public: Individuals, business or other for-profit organizations. a systematic national effort to encourage AGENCY: National Marine Fisheries Estimated Number of Respondents: partnerships with Federal agencies, Service (NMFS), National Oceanic and 300. states, local governments, non- Atmospheric Administration (NOAA), Estimated Time Per Response: 2 governmental and non-profit Commerce. minutes to complete a tournament organizations, businesses, industry and ACTION: Proposed collection; comment registration form and 20 minutes to schools to carry out locally important request. complete a tournament landings report. habitat restorations to benefit living Estimated Total Annual Burden marine resources. The Program is SUMMARY: The Department of Hours: 110. developing formal guidelines which Commerce, as part of its continuing Estimated Total Annual Cost to will expand the financial instruments effort to reduce paperwork and Public: $0 (no capital expenditures). available to accomplish furtherance of respondent burden, invites the general this mission. This announcement public and other Federal agencies to IV. Request for Comments provides proposed guidelines for the take this opportunity to comment on Comments are invited on: (a) Whether implementation of the Program in FY proposed and/or continuing information the proposed collection of information 2000 and beyond. NMFS is seeking collections, as required by the is necessary for the proper performance comments on the proposed guidelines Paperwork Reduction Act of 1995, of the functions of the agency, including for the Program through this document. Public Law 104–13 (44 U.S.C. whether the information shall have This is not a solicitation of project 3506(c)(2)(A)). practical utility; (b) the accuracy of the proposals.

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DATES: The agency must receive landowners, and local government, reestablishment or re-creation of stable, comments concerning this document on state, and Federal agencies to productive marine, estuarine or coastal or before November 1, 1999. implement habitat restoration projects river biological systems. Restoration ADDRESSES: Comments may be provided to benefit NOAA trust resources. may include, but is not limited to: in writing. Please send your comments Partnerships are sought at the national improvement of coastal wetland tidal by mail to: Director, NOAA Restoration and local level to contribute funding, exchange or reestablishment of historic Center, National Marine Fisheries land,technical assistance, workforce hydrology, dam or berm removal, fish Service, 1315 East West Highway (F/ support or other in-kind services to passageway improvements, natural or HC3), Silver Spring, MD 20910–3282, allow citizens to take responsibility for artificial reef/substrate/habitat creation, ATTN: Guideline Comments. the improvement of locally important establishment of riparian buffer zones living marine resources. FOR FURTHER INFORMATION CONTACT: and improvement of freshwater habitat The Program recognizes the Christopher D. Doley, (301) 713–0174, features that support anadromous fishes, significant role that communities play planting of native coastal wetland and or by e-mail at [email protected]. in habitat restoration and protection and SUPPLEMENTARY INFORMATION: submerged aquatic vegetation and acknowledges that habitat restoration is improvements of feeding, spawning and Background often best supported and implemented growth areas essential to fisheries. at a community level. Projects are Habitat loss and degradation are successful because they have significant In general, proposed projects should major, long-term threats to the community support and depend upon clearly demonstrate anticipated benefits sustainability of the Nation’s fishery citizens’ ‘‘hands-on’’ involvement. The to habitats such as salt marshes, seagrass resources. Over 75 percent of role of NMFS in the Program is to beds, coral reefs, mangrove forests and commercial fisheries and 80–90 percent strengthen the development and riparian habitat near rivers, streams and of recreational marine and anadromous implementation of sound restoration creeks used by anadromous fish. To fishes depend on estuarine or coastal projects. NMFS anticipates maintaining protect the Federal investment, projects habitats for all or part of their life- the current focus of the Program by on private lands must demonstrate a cycles. Protecting existing, undamaged continuing to form strong partnerships minimum 10-year conservation habitat is a priority and should be to fund grass-roots, bottom-up activities easement. Projects on permanently combined with coastal habitat that restore habitat and develop protected lands may be given priority restoration to enlarge and enhance the stewardship and a conservation ethic for consideration. functionality of degraded habitat. the Nation’s living marine resources. Projects must involve significant Restored coastal habitat will help Eligibility Requirements community support through an rebuild fisheries stocks and recover educational and volunteer component threatened or endangered species. Any state, local or tribal government, tied to the restoration activities. Restoring coastal habitats will help regional governmental body, public or Implementation of on-the-ground private agency or organization may ensure that valuable resources will be habitat restoration projects must involve sponsor a project for funding available to future generations of community outreach and post- consideration. The sponsoring group or Americans. restoration monitoring to assess project The proposed guidelines that follow organization may be a recipient of the success, and may involve limited pre- reflect modifications to the existing funds or may recommend that a Federal implementation activities such as Program to allow greater flexibility to agency receive the funds for engineering and design and short-term support community-based habitat implementation. However, in the latter baseline studies. Proposals emphasizing restoration projects. The purpose of this situation, NMFS would enter into a only research, outreach, monitoring or document is to provide an outline of the Memorandum of Agreement between coordination are discouraged, as are goals, objectives and structure of the NMFS, the sponsor and the Federal funding requests primarily for Program, and to solicit comments and agency. Although Federal and state administration, salaries, and overhead. suggestions concerning Program design agencies and municipalities are eligible for implementation in FY 2000 and to be the recipient of funding, they are Although NMFS recognizes that water beyond. The Program will provide encouraged to work in partnership with quality issues may impact habitat Federal Register notifications on the community groups. Successful restoration efforts, this initiative is availability of funds and will solicit applicants will be those whose projects intended to fund physical habitat project proposals one or more times per demonstrate that significant, direct restoration projects rather than direct year. Each solicitation will provide benefits are expected to NOAA trust water quality improvement measures, greater detail on the criteria for project resources within supportive, involved such as wastewater treatment plant selection and/or the weighting of the communities. Proponents who seek upgrades or combined sewer outfall criteria. funding under the Program are not corrections. Similarly, the following eligible to seek funding for the same restoration projects will not be eligible Electronic Access project under other Restoration Center for funding: (1) Activities that constitute Information on the existing Program, programs. The Program operates under legally required mitigation for the including projects that have been statutory authority that precludes adverse effects of an activity regulated funded to date, can be found on the individuals from applying. or otherwise governed by state or world wide web at: http:// Federal law; (2) activities that constitute www.nmfs.gov/habitat/restoration. Eligible Restoration Activities restoration for natural resource damages NMFS is interested in funding under Federal or state law, and (3) Goals and Objectives projects that will result in on-the- activities that are required by a separate The Program’s objective is to bring ground restoration of habitat to benefit consent decree, court order, statute or together citizen groups, public and non- living marine resources, including regulation. Funds from this program profit organizations, industry, anadromous fish species. Habitat may be available to enhance restoration corporations and businesses, youth restoration is defined here as activities activities beyond the scope legally conservation corps, students, that directly result in the required by these activities.

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Examples of Previously Funded Projects eroding riverbanks and improve habitat the case of grants, substantial The following examples are for salmon smolt and other fish species. involvement between NMFS and the recipient is not anticipated during the community-based restoration projects Anadromous Fish Habitat Restoration that have been funded with assistance performance of the contemplated Highly functional salmonid and from the Restoration Center. These activity. Financial assistance is the wildlife habitat was restored with the examples are only illustrative and are transfer of money, property, services or cooperation of private landowners by not intended to limit the scope of future anything of value to a recipient in order opening silted enclosures along a slough proposals in any way. to accomplish a public purpose of to provide refuge for juvenile salmonids support or stimulation which is Submerged Aquatic Vegetation during the winter flood flows. authorized by Federal statute. Restoration Funding Ranges The instrument chosen will be based on such factors as degree of direct Funding was provided to evaluate the NMFS anticipates that typical project feasibility of using volunteer divers to NOAA involvement with the project awards will range from $25,000 to beyond the provision of financial restore seagrass. A protocol was $50,000, but NMFS will accept developed to train volunteers in water assistance, the proportion of funds proposals ranging from $5,000 to invested in the project by NOAA and quality monitoring and seagrass $200,000. Final awards will be transplantation techniques. the other organizations, and the dependent on funding levels efficiency of the different mechanisms Fish Ladder Construction appropriated by Congress. Each to achieve the Program’s goals and An impediment to fish passage was solicitation issued for pre-applications objectives. NMFS will determine which corrected through the design and for the Program will contain suggested method is the most appropriate for construction of a step-pool fish ladder, ranges for funding requests and any funding individual projects based on the which now allows native steelhead trout specific criteria, including the weighting specific circumstances of each project. of selection criteria that will be used for to reach their historic spawning NMFS reserves the right to fund proposal evaluation. The number of grounds. individual projects directly, or through awards to be made in FY 2000 and partnership arrangements. The Program Invasive Plant Removal beyond will depend on the amount of will continue to create partnership funds appropriated to the Program. Funding was provided to a coalition arrangements at a national level with of volunteer groups called Funding Sources and Dispersal non-profit and other organizations that ‘‘Pepperbusters’’ who worked to remove Mechanisms have similar goals for improving exotic Brazilian pepper plants and The Restoration Center envisions fisheries habitat. Partnerships are a key replant native shoreline vegetation. funding projects through joint project element that allow the Restoration Salt Marsh Restoration agreements, cooperative agreements and Center to significantly leverage the funding available for on-the-ground Tidal flushing was restored to 20 grants, and intra- and interagency transfers, as appropriate. restoration. Partnerships also encourage acres of salt marsh by replacing an the sharing and distribution of technical undersized culvert to increase the mean The Secretary of Commerce has authority to enter into joint project expertise, often improve relations high water level in the restricted portion between diverse organizations with of the marsh. agreements with non-profit, research or public organizations on matters of common goals, and allow NOAA to Oyster Reef Restoration mutual interest, the cost of which is reach larger and more diverse communities that have vested interests Funding was provided to increase equitably apportioned. The principal in fishery habitat restoration. oyster reef habitat by reconstructing purpose of a joint project agreement is The Restoration Center will also historic reefs and seeding them with to engage in a collaborative and function in a clearinghouse capacity to hatchery-produced seed oysters grown equitably apportioned effort with a help develop and link high quality in floating cages by students. qualified organization on matters of mutual interest. proposals for habitat restoration with Kelp Forest Restoration Interagency agreements are written other potential funding sources whose Funding was provided to train documents containing specific evaluation criteria contain similar community dive groups in kelp provisions of governing authorities, specifications for habitat enhancement. reforestation activities, including the responsibilities, and funding, entered This will provide greater exposure for preparation, planting and maintenance into between NMFS and a reimbursing project ideas that increase the chances of kelp sites, documentation of growth Federal agency or between another for project proponents to secure patterns and changes in marine life Federal agency and NMFS when NMFS funding. attracted to the newly-planted kelp is the funding organization. Such Each year the Restoration Center areas. agreements will also require inclusion Director will make a determination of of a local sponsor of the restoration the proportion of the funds available to Wetland Plant Nursery project. the Program that will be obligated to Funding was provided to start an A cooperative agreement is a legal national or regional partnerships and innovative wetland nursery program in instrument reflecting a relationship the proportion for direct project local high schools, where science and between NMFS and a recipient solicitation. The proportion will be ecology classes build wetland nurseries whenever (1) the principal purpose of established annually and will depend on-campus to grow salt marsh grasses the relationship is to provide financial upon the amount of funds available for local restoration efforts. assistance to the recipient and (2) from partnership organizations for substantial involvement is anticipated habitat restoration activities that meet Riparian Habitat Restoration between NMFS and the recipient during the goals and objectives of the Program, Funding was provided to train youth performance of the contemplated including the goal of funding a broad corps in the use of biorestoration and activity. A grant is similar to a array of projects over a wide geographic stabilization techniques to restore cooperative agreement, except that in distribution.

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Match and Use of Funds accomplishing the restoration work. As appropriate during this process, the The focus of the Program is to provide Entertainment costs are an example of NOAA Restoration Center will consult seed money to leverage funds and other unallowable costs. Generally, the with other NMFS and NOAA offices, the contributions from a broad public and Program will make awards only to those NOAA Grants Management Division, private sector to implement locally projects where requested funding will the U.S. Department of Commerce, the important habitat restoration to benefit be used to complete proposed Regional Fishery Management Councils, living marine resources. To this end, restoration activities, with the exception other Federal and state agencies such as proposals are required to demonstrate a of post-construction monitoring, within state coastal management agencies and minimum non-Federal match (equitable a period of 18 months from the time state fish and wildlife agencies, private share, in the case of a joint project) of awards are distributed. and public sector subject experts or other interested parties who have 50–percent of the total funds needed to Project Selection Process knowledge of a specific project or its complete the proposed project. The NOAA will publish, in the Federal Restoration Center may waive the subject matter. The NOAA Restoration Register, notifications soliciting project Center will solicit individual technical requirement for 50–percent matching proposals one or more times annually. funds if the project meets the following evaluations of each project. Pre-proposals submitted in response to Recommendations on the merits of three requirements: (1) The project is these solicitation notices will be judged be to be an outstanding match funding each project and the level of screened for eligibility and conformance funding NMFS should award will be with NMFS and Restoration Center with the final program guidelines and presented to the Director of the NOAA objectives; (2) there is a critical need to must achieve a minimum score based on Restoration Center for final approval. carry out the project in a timely fashion the weighting of selection criteria set Reviewers will assign scores to in order to benefit NOAA trust forth within each solicitation. Pre- proposals ranging from 0 (unacceptable) resources; and (3) the project sponsor proposals will be limited to 4 single- to 100 (excellent) based on the following has attempted to obtain matching funds spaced, single-sided pages of 12 point four evaluation criteria: but was unable to come up with the full type, including an abstract of the work (1) Benefit to NOAA Trust Resources 50–percent minimum requirement. to be performed. An appendix, limited NMFS is interested in funding NOAA strongly encourages applicants to 2 pages, may be added to include projects where benefits to living marine to leverage as much investment as maps, photographs, letters of support or resources can be realized. Therefore, possible. The degree to which cost- other supplementary information. NMFS will evaluate proposals based on sharing exceeds the minimum level may Suggested pre-proposal contents may be the potential of the restoration project to be taken into account in the final detailed in each solicitation, but are also restore, protect, conserve, and create selection of projects to be funded. The summarized as follows: (1) Project habitats and ecosystems vital to self- match can come from a variety of public abstract that includes the applicant’s sustaining populations of living marine and private sources and can include in- name, address and phone number, the resources under NOAA Fisheries kind goods and services. Federal funds Congressional district where the project stewardship. Locations where may not be considered as matching will occur, the amount of assistance restoration projects may have high funds. Applicants are permitted to requested, the various entities or potential to benefit NOAA trust combine contributions from additional organizations that will be partners in the resources include areas identified as project partners in order to meet the 50– project, and any indication of support essential fish habitat (EFH) and areas percent required match (equitable share, from other organizations, and (2) a within EFH identified as Habitat Areas in the case of a joint project) for the proposal narrative that explains the of Particular Concern; areas identified as project. Applicants whose proposals are relationship of the proposed restoration critical habitat for listed marine and selected for funding will be obligated to activity to the criteria for project anadromous species; areas identified as account for the amount of cost-share selection described in each Federal important habitat for marine mammals; reflected in the proposal and provide Register notification, including the areas located within National Marine letters of commitment identifying and project’s objectives, methodology and Sanctuaries or National Estuarine precisely specifying match (or equitable anticipated results, degree of Research Reserves; watersheds or other share) to confirm stated contributions. community involvement, and a plan for areas under conservation management, For each proposal accepted for evaluating project success. A detailed such as special management areas under funding one award will be made. Funds budget, while helpful in evaluating the state coastal management programs; and awarded cannot necessarily pay for all cost effectiveness of the project, is not other important commercial or the costs which the recipient might required in a pre-proposal, but the total recreational marine fish habitat, incur in the course of carrying out the amount of assistance requested is including degraded areas that formerly project. Allowable costs are determined required. were important habitat for living marine by reference to the Office of Pre-proposals will be used to resources. Management and Budget Circulars A– determine if applicants meet the (2) Technical Merit and Adequacy of 122, ‘‘Cost Principles for Non-profit minimum Program requirements. Implementation Plan Organizations’’, A–21, ‘‘Cost Principles Guidance will be provided as to the Proposals will be evaluated on the for Education Institutions’’ and A–87, most suitable funding mechanism that technical feasibility of the project from ‘‘Cost Principles for State, Local and project proponents may pursue for both biological and engineering Indian Tribal Governments.’’ Generally, further consideration. Some of these perspectives, and the qualifications and costs that are allowable include salaries, proposals will be required to submit past experience of the project leaders equipment, supplies, and training, as additional information, which may and/or partners. Communities and/or long as these are ‘‘necessary and require providing additional organizations developing their first reasonable.’’ However, in order to information on budget details. locally driven restoration project may encourage on-the-ground restoration, if Restoration projects determined to be not be able to document past funding for salaries is requested, at least eligible by NOAA for funding under this experience, and, therefore, will be 75 percent of the total salary request program will undergo a technical evaluated on the basis of the availability must be used to support staff review, ranking and selection process. of technical expertise to guide the

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Applicants St., Isla Verde, Puerto Rico. terms of meeting the proposed submitting full proposals must include FOR FURTHER INFORMATION CONTACT: objectives; (d) demonstrate that the a detailed cost estimate showing a Caribbean Fishery Management Council, restoration activity will be sustainable breakdown of total project costs. Cost- 268 Munoz Rivera Avenue, Suite 1108, and long-lasting;(e) demonstrate that sharing must be indicated as Federal San Juan, Puerto Rico; telephone: (787) implementation of the project will meet and non-Federal shares, divided into 766–5926. all state environmental laws and Federal cash and in-kind contributions, and consistency requirements by obtaining must be accompanied by commitment SUPPLEMENTARY INFORMATION: The or proceeding to obtain applicable letters. The exact amount of funds agenda is as follows: permits and consultations; and (f) awarded to a project and the funding Call to Order provide mid-term and final project instrument will be determined in pre- Adoption of Agenda reports, including photo-documentation award negotiations between the Queen Conch of the project site and restoration applicant and NOAA/NMFS Banning Use or SCUBA Gear in the activities. representatives. The application Exclusive Economic Zone (EEZ) (3) Community Commitment and requirements will differ depending Banning Queen Conch Fishing in the Partnership Development upon the funding instrument selected. EEZ Proposals will be evaluated on how Projects receiving funds under this Establishing a Four Months Closed well they describe the depth and program will have to meet applicable Season breadth of the community’s support. NOAA/Department of Commerce/ Alternative Management Measures to Projects must incorporate significant Federal policies, requirements and laws. the Size Limit Requirement -Draft community involvement, which may NMFS is particularly interested in Option Paper include: (a) Hands-on training and comments on the following: Discussion of Puerto Rico’s Present restoration activities undertaken by Are there additional criteria for and New Fishing Regulations volunteer students and other citizens; proposal evaluation that should be Other Business (b) input from local entities such as included? Are there criteria that should The meeting is open to the public, businesses, conservation organizations be excluded? and will be conducted in the English and others, either through in-kind goods Should the evaluation criteria listed language. However, simultaneous and services (earth moving, technical above receive equal or different interpretation services (English- expertise, easements) or cash weighting during evaluation, and why? Spanish) will be available. Fishers and contributions; (c) visibility within the other interested persons are invited to Statutory Authority community and demonstrated potential attend. for public outreach and/or outreach Fish and Wildlife Coordination Act of Although non-emergency issues not products, including, but not limited to, 1956, 16 U.S.C. 661–667; Joint Project contained in this agenda may come an educational sign/poster at the project Authority, 15 U.S.C. 1525, and the before this Council for discussion, in site, compilation of protocols into Economy Act, 31 U.S.C. 1535. accordance with the Magnuson-Stevens training manuals, guides, brochures, or Dated: September 27, 1999. Fishery Conservation and Management videos; (d) cooperation with private Andrew A. Rosenberg, Act, those issues may not be the subject landowners that set an example within of formal Council action during this the community for natural resource Deputy Assistant Administrator for Fisheries, National Marine Fisheries Service. meeting. Council action will be conservation; (e) support by state and restricted to those issues specifically local governments; (f) representation of [FR Doc. 99–25641 Filed 9–30–99; 8:45 am] BILLING CODE 3510±22±F listed in this notice and any issues those within the community who have arising after publication of this notice an interest in or are affected by the that require emergency action under project and seek the benefits of the DEPARTMENT OF COMMERCE section 305(c) of the Magnuson-Stevens restoration; (g) ability to achieve long- Act, provided the public has been term stewardship for restored resources National Oceanic and Atmospheric notified of the Council’s intent to take and generate a community conservation Administration final action to address the emergency. ethic; and/or (h) description of methods to assure that all residents or citizens [I.D. 092499E] Special Accommodations affected by the project are provided an Caribbean Fishery Management This meeting is physically accessible opportunity to participate. Council; Public Meeting to people with disabilities. Requests for (4) Cost-effectiveness and Budget sign language interpretation or other Justification AGENCY: National Marine Fisheries auxiliary aids should be directed to Mr. Projects will be evaluated on their Service (NMFS), National Oceanic and Miguel A. Rolon at the Council (see FOR ability to demonstrate that a significant Atmospheric Administration (NOAA), FURTHER INFORMATION CONTACT) at least 5 benefit will be generated for the most Commerce. days prior to the meeting date. reasonable cost; on their importance to ACTION: Notice of public meeting. NOAA trust resources; the extent of Dated: September 27, 1999. habitat and degree to which it will be SUMMARY: The Caribbean Fishery Bruce C. Morehead, restored; and on their demonstration of Management Council’s Queen Conch Acting Director, Office of Sustainable partnership and collaboration. Projects Committee will hold a public meeting to Fisheries, National Marine Fisheries Service. will also be ranked in terms of their discuss the issues included in the [FR Doc. 99–25636 Filed 9–30–99; 8:45 am] need for funding and the ability of agenda. BILLING CODE 3510±22±F

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DEPARTMENT OF COMMERCE Special Accommodations Establishing a Four Months Closed This meeting is physically accessible Season National Oceanic and Atmospheric to people with disabilities. Requests for Alternative Management Measures to Administration sign language interpretation or other the Size Limit [I.D. 092499G] auxiliary aids should be directed to Mr. Requirement - Draft Option Paper Miguel A. Rolon at the Council (see FOR Coastal Pelagic Caribbean Fishery Management FURTHER INFORMATION CONTACT) at least 5 Council; Public Meeting days prior to the meeting date. Discussion of Wahoo/Dolphin Framework Draft Document AGENCY: National Marine Fisheries Dated: September 27, 1999. Recommended Measures by SSC and Service (NMFS), National Oceanic and Bruce C. Morehead, AP to CFMC Atmospheric Administration (NOAA), Acting Director, Office of Sustainable The meetings are open to the public, Commerce. Fisheries, National Marine Fisheries Service. and will be conducted in English. ACTION: Notice of public meeting. [FR Doc. 99–25637 Filed 9–30–99; 8:45 am] However, simultaneous interpretation BILLING CODE 3510±22±F (Spanish-English) will be available SUMMARY: The Caribbean Fishery during the AP meeting (October 14, Management Council’s (CFMC) Coastal 1999). Fishers and other interested Pelagic Committee will hold a public DEPARTMENT OF COMMERCE persons are invited to attend and meeting to discuss the issues included participate with oral or written in the agenda. National Oceanic and Atmospheric statements regarding agenda issues. DATES: The Committee will meet on Administration Although non-emergency issues not October 19, 1999,. The meeting will [I.D. 092499C] contained in this agenda may come begin at 10:00 a.m. and will adjourn at before this Council for discussion, in 4:00 p.m. Caribbean Fishery Management accordance with the Magnuson-Stevens ADDRESSES: The meeting will be held at Council; Public Meetings Fishery Conservation and Management Act, those issues may not be the subject the Embassy Suites Hotel, 8000 Tartak AGENCY: National Marine Fisheries of formal action during these meetings. St., Isla Verde, Puerto Rico. Service (NMFS), National Oceanic and Action will be restricted to those issues FOR FURTHER INFORMATION CONTACT: Atmospheric Administration (NOAA), specifically listed in this notice and any Caribbean Fishery Management Council, Commerce. issues arising after publication of this 268 Munoz Rivera Avenue, Suite 1108, ACTION: Notice of public meetings. San Juan, Puerto Rico; telephone: (787) notice that require emergency action 766–5926. SUMMARY: The Caribbean Fishery under section 305(c) of the Magnuson- Stevens Act, provided the public has SUPPLEMENTARY INFORMATION: The Management Council’s (CFMC) been notified of the Council’s intent to agenda is as follows: Advisory Panel (AP) and Scientific and take final action to address the Call to Order Statistical Committee (SSC) will hold Adoption of Agenda meetings. emergency. Coastal Pelagic DATES: The SSC meeting will be held on Special Accommodations Discussion of Wahoo/Dolphin October 13, 1999, from 10:00 a.m. to These meetings are physically Framework Draft Document 4:00 p.m., and the AP meeting will be accessible to people with disabilities. Recommended Measures by the held on October 14, 1999, from 10:00 For more information or request for sign Scientific and Statistical Committee to a.m. until 4:00 p.m. language interpretation and/other the CFMC ADDRESSES: Both meetings will be held auxiliary aids, please contact Mr. Discussion of Puerto Rico’s Present at the Embassy Suites Hotel, 8000 Miguel A. Rolon (see FOR FURTHER and New Fishing Regulations Tartak St., Isla Verde, Carolina, Puerto INFORMATION CONTACT) at least 5 days Other Business Rico. prior to the meeting date. The meeting is open to the public, FOR FURTHER INFORMATION CONTACT: Dated: September 28, 1999. and will be conducted in the English Caribbean Fishery Management Council, Richard W. Surdi, language. However, simultaneous 268 Munoz Rivera Avenue, Suite 1108, interpretation services (English- San Juan, Puerto Rico 00918–2577; Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. Spanish) will be available. Fishers and telephone: (787) 766–5926. other interested persons are invited to [FR Doc. 99–25638 Filed 9–30–99; 8:45 am] SUPPLEMENTARY INFORMATION: The AP attend. BILLING CODE 3510±22±F and the SSC will meet to discuss the Although non-emergency issues not items contained in the following contained in this agenda may come agenda: before this Council for discussion, in DEPARTMENT OF COMMERCE accordance with the Magnuson-Stevens Reeffish Fishery Conservation and Management National Oceanic and Atmospheric Banning of Traps in the Exclusive Administration Act, those issues may not be the subject Economic Zone (EEZ) of formal Council action during this Establishing a Permit for Fish Traps [I.D. 092499F] meeting. Council action will be and/or other Fixed Gear restricted to those issues specifically Establishing a Limited Entry System Caribbean Fishery Management listed in this notice and any issues for Fixed Gear Fishery Council; Public Meeting arising after publication of this notice Queen Conch AGENCY: National Marine Fisheries that require emergency action under Service (NMFS), National Oceanic and section 305(c) of the Magnuson-Stevens Banning Use of SCUBA Gear in the Atmospheric Administration (NOAA), Act, provided the public has been EEZ Commerce. notified of the Council’s intent to take Banning Queen Conch Fishing in the ACTION: Notice of public meeting. final action to address the emergency. EEZ

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SUMMARY: The Caribbean Fishery Dated: September 27, 1999. Atmospheric Administration (NOAA), Management Council’s Reeffish Bruce C. Morehead, Commerce. Committee will hold a public meeting to Acting Director, Office of Sustainable ACTION: Notice of public meeting. discuss the issues included in the Fisheries, National Marine Fisheries Service. agenda. [FR Doc. 99–25639 Filed 9–30–99; 8:45 am] SUMMARY: The Pacific Fishery DATES: The Committee will meet on BILLING CODE 3510±22±F Management Council’s (Council) Ad- October 21, 1999, The meeting will Hoc Groundfish Strategic Plan begin at 10:00 a.m. and will adjourn at DEPARTMENT OF COMMERCE Development Committee (Committee) 4:00 p.m. will hold a work session which is open ADDRESSES: The meeting will be held at National Oceanic and Atmospheric to the public. the Embassy Suites Hotel, 8000 Tartak Administration St., Isla Verde, Puerto Rico. DATES: The work session will begin [I.D. 091499G] Monday, October 18, 1999, at 10 a.m. FOR FURTHER INFORMATION CONTACT: and may go into the evening until Caribbean Fishery Management Council, New England Fishery Management business for the day is completed. The 268 Munoz Rivera Avenue, Suite 1108, Council; Public Meeting work session will reconvene at 8 a.m. on San Juan, Puerto Rico 00918, telephone: AGENCY: National Marine Fisheries (787) 766–5926. Tuesday, October 19 and continue. Service (NMFS), National Oceanic and ADDRESSES: SUPPLEMENTARY INFORMATION: The Atmospheric Administration (NOAA), The work session will be agenda is as follows: Commerce. held at the Pacific States Marine Fisheries Commission, Large Conference ACTION: Public meeting; cancellation. Call to Order Room, 45 SE 82nd Drive, Suite 100, Adoption of Agenda SUMMARY: The New England Fishery Gladstone, OR; telephone: (503) 650– Management Council (Council) has 5400. Reeffish canceled a public meeting of its Herring Council address: Pacific Fishery Banning of Traps in the Exclusive Oversight Committee in October, 1999. Management Council, 2130 SW Fifth This was to be a joint meeting with the Economic Zone Avenue, Suite 224, Portland, OR 97201. Establishing a Permit for Fish Traps Atlantic States Marine Fisheries and/or Other Fixed Gear Commission Atlantic Herring Section. FOR FURTHER INFORMATION CONTACT: Mr. Establishing a Limiting Entry System DATES: The meeting was scheduled for Lawrence D. Six, Executive Director; for Fixed Gear Fishery Wednesday, October 6, 1999, at l0:00 telephone: (503) 326–6352. a.m. Discussion of Puerto Rico’s Present SUPPLEMENTARY INFORMATION: The ADDRESSES: and New Fishing The meeting was to be held purpose of the work session is to begin at the Trade Winds Motel, Regulations 2 Park Drive, Rockland, ME 04841, drafting a strategic plan for the West Coast groundfish fishery. Other Business telephone (207) 596–6492. FOR FURTHER INFORMATION CONTACT: Paul Although non-emergency issues not The meeting is open to the public, J. Howard, Executive Director, New contained in this agenda may come and will be conducted in the English England Fishery Management Council before this group for discussion, in language. However, simultaneous (781) 231–0422. accordance with the Magnuson-Stevens interpretation services (English- SUPPLEMENTARY INFORMATION: In the Fishery Conservation and Management Spanish) will be available. Fishers and September 21, 1999, issue of the Federal Act, those issues may not the subject of other interested persons are invited to Register, the announcement of the New formal action during this meeting. attend. England Fishery Management Council’s Action will be restricted to those issues Although non-emergency issues not Herring Oversight Committee was specifically listed in this notice and any contained in this agenda may come published (64 FR 51095). This meeting issues arising after publication of this before this Council for discussion, in has been canceled. The meeting will be notice that require emergency action accordance with the Magnuson-Stevens rescheduled and the date will be under section 305(c) of the Magnuson- Fishery Conservation and Management announced in the Federal Register at a Stevens Act, provided the public has Act, those issues may not the subject of later date. formal Council action during this been notified of the Council’s intent to meeting. Council action will be Dated: September 28, 1999. take final action to address the restricted to those issues specifically Richard W. Surdi, emergency. Acting Director, Office of Sustainable listed in this notice and any issues Special Accommodations arising after publication of this notice Fisheries, National Marine Fisheries Service. that require emergency action under [FR Doc. 99–25642 Filed 9–30–99; 8:45 am] This work session is physically section 305(c) of the Magnuson-Stevens BILLING CODE 3510±22±F accessible to people with disabilities. Act, provided the public has been Requests for sign language notified of the Council’s intent to take interpretation or other auxiliary aids final action to address the emergency. DEPARTMENT OF COMMERCE should be directed to Mr. John Rhoton at (503) 326–6352 at least 5 days prior Special Accommodations National Oceanic and Atmospheric Administration to the meeting date. This meeting is physically accessible Dated: September 27, 1999. to people with disabilities. Requests for [I.D. 092499H] sign language interpretation or other Bruce C. Morehead, Pacific Fishery Management Council; auxiliary aids should be directed to Mr. Acting Director, Office of Sustainable Public Meeting Miguel A. Rolon, at the Council (see FOR Fisheries, National Marine Fisheries Service. FURTHER INFORMATION CONTACT) at least 5 AGENCY: National Marine Fisheries [FR Doc. 99–25640 Filed 9–30–99; 8:45 am] days prior to the meeting date. Service (NMFS), National Oceanic and BILLING CODE 3510±22±F

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DEPARTMENT OF COMMERCE 8. SAB discussion on potential submitted for clearing through LCH’s recommendations related to NOAA newly-developed swaps clearing National Oceanic and Atmospheric strategic planning process. operation (‘‘SwapClear’’) from most Administration 9. SAB Sub-Committee and Issue provisions of the Act and Commission Group Reports. regulations. The order provides a Science Advisory Board; Notice of Public Participation: The meeting will similar exemption to specified persons Open Meeting be open to public participation with two who engage in certain activities with AGENCY: Office of the Under Secretary 30 minute time-periods set aside during respect to such agreements. This order and Administrator, National Oceanic the meeting for direct verbal comments is being adopted pursuant to the and Atmospheric Administration. or questions from the public. The SAB exemptive authority granted to the expects that public statements presented Commission by the Futures Trading SUMMARY: The Science Advisory Board at its meetings will not be repetitive of Practices Act of 1992. The Commission (SAB) was established by a Decision previously submitted verbal or written believes that the relief provided by this Memorandum dated September 25, 1997 statements. In general, each individual order is appropriate because a and is the only Federal Advisory or group making a verbal presentation centralized swaps clearing operation Committee with responsibility to advise will be limited to a total time of five (5) may provide substantial benefits to the the Under Secretary of Commerce for minutes. Written comments (at least 35 over-the-counter (‘‘OTC’’) derivatives Oceans and Atmosphere on long- and copies) should be received in the SAB market and because the SwapClear short-range strategies for research, Executive Director’s Office by October 7, operation satisfies the statutory criteria education and application of science to 1999, in order to provide sufficient time for an exemption pursuant to Section resource management. SAB activities for SAB review. Written comments 4(c) of the Act. and advice will provide necessary input received by the SAB Executive Director EFFECTIVE DATE: September 23, 1999. to ensure that National Oceanic and after October 7 will be distributed to the FOR FUTHER INFORMATION CONTACT: John Atmospheric Administration (NOAA) SAB, but may possibly not be reviewed C. Lawton, Acting Deputy Director; science programs are of the highest prior to the meeting date. Thomas E. Joseph, Special Counsel; or quality and provide optimal support to Approximately twenty (20) seats will be Jocelyn B. Barone, Attorney-Advisor, resource management. available for the public including five Division of Trading and Markets, Time and Place: Tuesday, October 19, (5) seats reserved for the media. Seats Commodity Futures Trading 1999 from 10 AM to 5:30 PM; will be available on a first-come first- Commission, Three Lafayette Center, Wednesday, October 20, 1999 from 8:30 served basis. 1155 21st Street, N.W., Washington, AM to 5 PM; and Thursday, October 21, FOR FURTHER INFORMATION CONTACT: Dr. D.C. 20581. Telephone: (202) 418–5450. 1999 from 1:30 PM to 5:30 PM. The Michael P. Crosby, Executive Director, Table of Contents meeting will take place on October 19, Science Advisory Board, NOAA, Rm. 1999 in the Alpine/Balsam Room at the 11142, 1315 East-West Highway, Silver I. Introduction Hotel Boulderado, 2115 13th Street, Spring, MD, 20910 (Phone: 301–713– II. Statutory and Regulatory Background Boulder, CO 80302. The meeting will 9121, Fax: 301–713–3515, E-mail: III. LCH and SwapClear take place on October 20 and 21, 1999 [email protected]); or visit the A. LCH in Room GB–124 of the David Skaggs NOAA SAB website at B. SwapClear 1. Participants Research Center, 325 Broadway, www.sab.noaa.gov. 2. Products Boulder, CO 80303. Dated: September 28, 1999. 3. Clearing Procedures Agenda Topics Terry D. Garcia, 4. Treatment of Client Funds Assistant Secretary for Oceans and 5. Risk Management Procedures 1. Overview of NOAA-University Atmosphere. 6. Default Rules and Procedures Partnership activities. 7. Operational Safeguards [FR Doc. 99–25571 Filed 9–30–99; 8:45 am] 2. NOAA responses to previous SAB IV. Regulatory Oversight in the United recommendations concerning the BILLING CODE 3510±08±P Kingdom and Information-Sharing Endangered Species Act related to between Regulators A. Applicable Regulations in the United salmon (see www.sab.noaa.gov). Kingdom 3. NOAA responses to previous SAB COMMODITY FUTURES TRADING COMMISSION B. Information-Sharing between the FSA recommendations concerning the and the CFTC establishment of three pilot SAB Order Granting the London Clearing V. Summary of Comments Working Groups to develop review House's Petition for an Exemption VI. Determinations Required for Exemption processes that will be used to review A. Exchange Trading Requirement Pursuant to Section 4(c) of the B. The Public Interest and the Purposes of various NOAA science efforts (see Commodity Exchange Act www.sab.noaa.gov). the Act 1. Potential Benefits of SwapClear 4. Discussion of a SAB Report for the AGENCY: Commodity Futures Trading 2. Financial Safeguards next NOAA Administrator. Commission. 3. Potential for Fraud or Manipulation 5. Public Input Session with SAB ACTION: Final order. C. Appropriate Persons discussion. D. Adverse Effects on Regulatory or Self- 6. Overview and SAB discussion of SUMMARY: In response to a Petition for Regulatory Duties initial NOAA efforts to establish a Exemption Pursuant to Section 4(c) of VII. Explanation of the Order collaborative coastal ocean and the Commodity Exchange Act (‘‘CEA’’ or VIII. Conclusion estuarine monitoring system that ‘‘Act’’) submitted by the London The Order measures physical, biological, and Clearing House Limited (‘‘LCH’’), the SUPPLEMENTARY INFORMATION: chemical parameters. Commodity Futures Trading 7. Overview and SAB discussion of a Commission (‘‘CFTC’’ or I. Introduction NOAA report on ‘‘The Nation’s ‘‘Commission’’) is adopting an order By a petition dated June 15, 1998, Environmental Data: Treasures at Risk.’’ that exempts certain swap agreements LCH requested that the Commission

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The exemptive relief Section 4(c)(1) authorizes the requested that the Commission exempt provided by the order is subject to the Commission, by rule, regulation, or such persons from all provisions of the terms and conditions set forth therein. order, to exempt any agreement, contract or transaction, or class thereof, CEA and Commission regulations, II. Statutory and Regulatory 2 from the exchange-trading requirement except for Sections 2(a)(1)(B); 4b and Background 4o of the Act; 3 the provisions of of Section 4(a) or any other requirement Sections 6(c) and 9(a)(2) of the Act 4 to Section 2(a)(1)(A) of the CEA grants of the Act other than Section the extent that such provisions prohibit the Commission exclusive jurisdiction 2(a)(1)(B).16 The Commission is the manipulation of the market price of over ‘‘accounts, agreements (including authorized to grant an exemption either: any commodity in interstate commerce any transaction which is of the character (i) On its own initiative or on the or for future delivery on or subject to the of * * * ‘an option’), and transactions application of any person; (ii) rules of any contract market; and Rule involving contracts of sale of a retroactively or prospectively; and (iii) 32.9.5 The Commission published a commodity for future delivery traded or unconditionally or on stated terms or notice of the LCH Petition and a request executed on a contract market or any conditions.17 for public comment in the Federal other board of trade, exchange, or The Commission may grant an 9 Register on July 7, 1998.6 The comment market.’’ The term ‘‘commodity’’ is not exemption from the exchange trading period was originally sixty days, but it limited to tangible products, but rather requirement of Section 4(a) or any other was extended until September 23, 1998, has been defined broadly to include ‘‘all requirement of the Act other than in response to a request by the services, rights, and interests in which Section 2(a)(1)(B) ‘‘to promote contracts for future delivery are responsible economic or financial International Swaps and Derivatives 10 Association, Inc. (‘‘ISDA’’).7 The presently or in the future dealt in.’’ innovation and fair competition’’ if it The CEA and Commission regulations Commission received four letters in determines that ‘‘the exemption would require that transactions in futures response to its request for comments. be consistent with the public contracts and commodity option 18 Two of these letters were from futures interest.’’ Prior to issuing an contracts, with narrowly defined exchanges, and two were from trade exemption under Section 4(c) from the exceptions, occur on or subject to the associations.8 The comments are exchange trading requirement of Section rules of a contract market designated by 4(a), the Commission must find that: (i) summarized in Section V below. the Commission.11 Specifically, Section The exchange trading requirement Based upon the Commission’s review 4(a) of the CEA provides, inter alia, that ‘‘should not be applied to the and consideration of the LCH Petition, it is unlawful to enter into a futures agreement, contract, or transaction for as supplemented by correspondence contract that is not made on or subject which the exemption is sought and that from counsel for LCH, the comments to the rules of a board of trade which the exemption would be consistent with received in response to the LCH has been designated by the Commission the public interest and the purposes of Petition, and the Commission’s as a ‘‘contract market.’’ 12 Pursuant to [the] Act;’’ (ii) the exempted transaction independent analysis, the Commission Sections 4c(b) and 4c(c) of the Act, the ‘‘will be entered into solely between the is adopting an order pursuant to the trading of commodity options is ‘appropriate persons’ ’’ delineated in authority granted in Section 4(c) of the permitted only in accordance with Section 4(c)(3); 19 and (iii) the Act that exempts specified swap Commission regulations.13 Part 33 of the agreements submitted for clearing to regulations prohibits persons from 14 17 CFR Part 33. SwapClear and specified persons who entering into, offering to enter into, or 15 Pub. L. No. 102–546 (1992), 106 Stat. 3590, executing any commodity option 3629. 1 7 U.S.C. 6(c). transaction unless the transaction 16 Section 4(c) provides that: 2 Section 4(c) of the CEA expressly prohibits the 17 occurs on a contract market designated 7 U.S.C. 6(c)(1). Commission from exempting any transaction from In order to promote responsible economic or Section 2(a)(1)(B) of the Act. Section 2(a)(1)(B) sets by the Commission to trade commodity financial innovation and fair competition, the forth the division of the jurisdiction between the Commission by rule, regulation, or order, after CFTC and the Securities and Exchange Commission 9 7 U.S.C. 2(i). notice and opportunity for hearing may (on its own (‘‘SEC’’) over specified instruments and restricts or 10 7 U.S.C. 1a(3). initiative or on application of any person, including prohibits certain types of securities derivatives. 7 11 7 U.S.C. 6(a), 6c(b), and 6c(c). any board of trade designated as a contract market USC 2a. 12 7 U.S.C. 6(a). This prohibition does not apply for transactions for future delivery in any 3 Sections 4b and 4o of the Act prohibit to contracts made on or subject to the rules of a commodity under section 5 of this Act) exempt any fraudulent conduct with respect to futures and board of trade, exchange, or market located outside agreement, contract, or transaction (or class thereof) option transactions. 7 USC 6b and 6o. of the United States, its territories, or possessions. that is otherwise subject to subsection (a) (including 4 7 U.S.C. 9 and 13(a)(2). any person or class of persons offering, entering 13 7 U.S.C. 6c(b) and 6c(c). Section 4c(b) provides, 5 Rule 32.9 prohibits fraud in connection with inter alia: into, rendering advice or rendering other services with respect to, the agreement, contract or commodity option transactions. 17 CFR 32.9. No person shall offer to enter into, enter into or 6 transaction), either unconditionally or on stated Petition of the London Clearing House Limited confirm the execution of, any transaction involving terms or conditions or for stated periods and or for an Exemption Pursuant to Section 4(c) of the any commodity regulated under this Act which is from any other provision of the Act (except section Commodity Exchange Act, 63 FR 3665 (July 7, of the character of, or is commonly known to the 2(a)(1)(B)), if the Commission determines that the 1998)(Request for Comments). trade as, an ‘‘option’’ * * * contrary to any rule, exemption would be consistent with the public 7 Petition of the London Clearing House Limited regulation or order of the Commission prohibiting interest. for an Exemption Pursuant to Section 4(c) of the any such transaction or allowing any such 18 Commodity Exchange Act, 63 FR 49094 (Sept. 14, transaction under such terms and conditions as the Id. 1998)(Extension of Comment Period). Commission shall prescribe. 19 The Act defines the term ‘‘appropriate person’’ 8 The Commission received comments from the Section 4c(c) directs the Commission to issue to include: Chicago Board of Trade (‘‘CBOT’’), the New York regulations that, inter alia, ‘‘permit the trading of (A) A bank or trust company (acting in an Mercantile Exchange (‘‘NYMEX’’), ISDA, and the such commodity options under such terms and individual or fiduciary capacity). OTC Derivatives Products Committee of the conditions that the Commission from time to time (B) A savings association. Securities Industry Association (‘‘SIA’’). may prescribe.’’ Continued

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agreement, contract, or transaction in Commission did so by adopting Part 35 creditworthiness of a party having an question ‘‘will not have a material of the Commission’s regulations in obligation under the agreement as a adverse effect on the ability of the January 1993. These rules exempt swap material consideration in entering into Commission or any contract market to agreements satisfying specified criteria or determining the terms of the swap discharge its regulatory or self- and any person who offers, enters into, agreement; and (v) not be entered into regulatory duties under [the] Act.’’ 20 or renders advice or other services with and traded on or through a multilateral Section 4(c)(5) of the Act authorized respect to such transactions from all transaction execution facility. These the Commission ‘‘promptly’’ to exercise provisions of the Act and the criteria were designed to ensure that the the exemptive authority granted in Commission’s regulations except for exempted swap agreements met the Section 4(c)(1) by providing an Sections 2(a)(1)(B), 4b and 4o, Rule 32.9, requirements set forth by Congress in exemption for swap agreements that are and the antimanipulation provisions in Section 4(c) of the CEA and ‘‘to promote not part of a fungible class of Sections 6(c) and 9(a)(2).22 The Part 35 domestic and international market agreements that are standardized as to swaps exemption became effective stability, reduce market and liquidity their material economic terms.21 The retroactively as of October 23, 1974, the risks in financial markets, including date of the enactment of the Commodity those markets (such as futures (C) An insurance company. Futures Trading Commission Act of exchanges) linked to swap markets and (D) An investment company subject to regulation 1974. eliminate a potential source of systemic under the Investment Company Act of 1940 (15 To be eligible for exemptive treatment 26 U.S.C. 80a–1 et seq.). risk.’’ (E) A commodity pool formed or operated by a under Part 35, a transaction must: (i) Be The Part 35 swaps exemption does person subject to regulation under [the] Act. a ‘‘swap agreement’’ as defined in Rule not extend to transactions that are 23 (F) A corporation, partnership, proprietorship, 35.1(b)(1); (ii) be entered into solely subject to a clearing system, such as organization, trust, or other business entity with a between ‘‘eligible swap participants’’ as SwapClear, where the credit risk of net worth exceeding $1,000,000 or total assets defined in Rule 35.1(b)(2); 24 (iii) not be exceeding $5,000,000, or the obligations of which individual counterparties to each other under the agreement, contract or transaction are part of a fungible class of agreements is mitigated.27 The Commission guaranteed or otherwise supported by a letter of that are standardized as to their material excluded centralized swaps clearing credit or keepwell, support or other agreement by economic terms; 25 (iv) include the any such entity or by an entity referred to in facilities from the Part 35 rules because subparagraph (A), (B), (C), (H), (I), or (K) of this ‘‘such mechanisms [were] not yet in paragraph. swap agreements * * * that are not part of a fungible class of agreements that are standardized existence, and [might] take many forms (G) An employee benefit plan with assets as to their material economic terms, to the extent and raise different regulatory concerns exceeding $1,000,000, or whose investment that such agreements may be regarded as subject to decisions are made by a bank, trust company, depending upon their structure or the provisions of this Act. insurance company, investment adviser registered participants or whether another 22 under the Investment Advisers Act of 1940 (15 17 CFR Part 35. In enacting the swaps regulatory regime is applicable’’ and exemption, the Commission also acted pursuant to U.S.C. 80b–1 et seq.), or a commodity trading because the Commission believed that advisor subject to regulation under the Act. its plenary authority to regulate commodity options under Section 4c(b) of the CEA with respect to swap (H) Any governmental entity (including the ‘‘the design of swaps clearing facilities agreements that are commodity options. Id. at 5589. United States, any state, or any foreign government) and the services that such facilities will 23 or political subdivision thereof, or any Rule 35.1(b)(1) defines a swap agreement as: offer should be driven by the needs and multinational or supranational entity or any (i) An agreement (including terms and conditions desires of swaps market participants.’’ 28 instrumentality, agency, or department of any of the incorporated by reference therein) which is a rate foregoing. swap agreement, basis swap, forward rate The Commission stated that ‘‘a clearing (I) A broker-dealer subject to regulation under the agreement, commodity swap, interest rate option, house system for swap agreements Securities Exchange Act of 1934 (15 U.S.C. 78a et forward foreign exchange agreement, rate cap could be beneficial to participants and seq.) acting on its own behalf or on behalf of agreement, rate floor agreement, rate collar 29 agreement, currency swap agreement, cross- the public generally.’’ Accordingly, another appropriate person. the Commission stated that it would (J) A futures commission merchant, floor broker, currency rate swap agreement, currency option, any or floor trader subject to regulation under [the] Act other similar agreement (including an option to ‘‘consider the terms and conditions of acting on its own behalf or on behalf of another enter into any of the foregoing); [an] exemption for swaps clearing appropriate person. (ii) Any combination of the foregoing; or houses in the context of specific (K) Such other persons that the Commission (iii) A master agreement for any of the foregoing together with all supplements thereto. 17 CFR proposals from exchanges, other determines to be appropriate in light of their 30 financial or other qualifications, or the applicability 35.1(b)(1). regulators and others.’’ of appropriate regulatory protections. 7 U.S.C. 24 17 CFR 35.1(b)(2). The definition of ‘‘eligible On May 12, 1998, the CFTC published 6(c)(3). swap participants’’ in Part 35 was patterned after a Concept Release on OTC Derivatives 20 Specifically, Section 4(c) states: the definition of ‘‘appropriate persons’’ in Section 31 4(c) of the Act with certain adjustments to ensure (‘‘OTC Concept Release’’). Therein, The Commission shall not grant any exemption the Commission generally recognized under [Section 4(c)] from any of the requirements that both foreign and United States entities could of subsection (a) [the exchange trading requirement] qualify for treatment as eligible swap participants that ‘‘the OTC derivatives market [had] unless the Commission determines that— and to establish minimal financial requirements for grown dramatically in both volume and some participants. Exemption for Certain Swap (A) the requirement should not be applied to the Agreements, 58 FR 5587, 5589 (Jan. 22, 1993). This variety of products offered’’ since the agreement, contract, or transaction for which the approach is consistent with Congressional intent Commission’s last major regulatory exemption is sought and that the exemption would that the Commission may limit the terms of an be consistent with the public interest and purposes exemption granted pursuant to Section 4(c) to some, of this Act; and of the transaction.’’ 58 FR 5587 at 5590. This but not all, of the listed categories of appropriate (B) the agreement, contract, or transactions— condition was designed to ensure ‘‘that the persons. H.R. Rep. No. 978, 102d Cong., 2nd Sess. exemption does not encompass the establishment of (i) will be entered into solely between appropriate 79 (1992); 58 FR 5587 at 5589. The determination persons; and a market in swaps agreements, the terms of which as to whether a counterparty qualifies as an eligible are fixed and are not subject to negotiation, that (ii) will not have a material adverse effect on the swap participant must be made at the time the functions essentially in the same manner as an ability of the Commission or any contract market to counterparties enter into the swap agreement, but exchange but for the bilateral execution of discharge its regulatory or self-regulatory duties it is sufficient that a party have a reasonable basis transactions.’’ Id. under this Act. to believe that the other party is an eligible swap 26 Id. at 5588. 21 Section 4(c)(5)(B) states, in part, that the participant at such time. 17 CFR 35.2; 58 FR 5587 27 Commission may at 5589. See id. at 5591. 28 [P]romptly following the enactment of this 25 The phrase ‘‘material economic terms’’ was Id. at 5591, n.30. subsection, or upon application by any person, intended ‘‘to encompass terms that define the rights 29 Id. exercise the exemptive authority granted under and obligations of the parties under the swap 30 Id. paragraph (1) * * * with respect to classes of agreement and that, as a result, may affect the value 31 63 FR 26114.

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Nor does it prevent the adoption’’ and that the Commission regulatory regime in the United Commission from granting exemptive should review the exemption ‘‘in light Kingdom, including oversight by the relief of broader applicability should of current market conditions.’’ 33 The Financial Services Authority (‘‘FSA’’). circumstances or experience warrant. In adopting the Part 35 exemption, the increased ‘‘interest in developing III. LCH and SwapClear clearing mechanisms for swaps and Commission stated that it was ‘‘mindful other OTC derivatives’’ was among the of the costs of duplicative regulation’’ A. LCH recent market changes explicitly noted and indicated that it would consider LCH is a recognised clearing house by the Commission.34 The Commission ‘‘the applicability of other regulatory (‘‘RCH’’) under the United Kingdom’s stated that it believed that such efforts regimes’’ in addressing petitions for Financial Services Act 1986 (‘‘FSAct’’) had reached a stage where it was further exemptive relief relating to and is subject to the FSAct and other 39 necessary ‘‘to consider and to formulate swaps facilities. It reiterated this relevant laws, rules and regulations in 40 a program for the appropriate oversight intention in the OTC Concept Release. the United Kingdom.43 Under the and exemption of swaps clearing.’’ 35 The FSA, as the regulator in FSAct, as supplemented by the Accordingly, it requested comment on SwapClear’s home jurisdiction, has Companies Act 1989 (‘‘U.K. Companies the extent to which the Commission primary responsibility for implementing Act’’), a clearing house may be should continue to require that the regulatory requirements and ‘‘recognised’’ if it appears to the FSA 44 creditworthiness of a counterparty be a enforcement procedures that are that the clearing house, among other material consideration for relief under sufficient to protect against credit things: (i) Has sufficient financial the Part 35 rules.36 The Commission concentration and other risks associated resources; (ii) has adequate also requested comment on the type of with a swaps clearing facility that arrangements and resources for the functions that an OTC derivatives interposes a central counterparty to the effective monitoring and enforcement of clearing facility would perform, the transactions it clears and provides for its rules; (iii) is able and willing to products it would clear, the standards it payment netting across exchange-traded promote and maintain high standards of 41 would impose upon participants, and and OTC instruments. Because the integrity and fair dealing and to the risk management tools it would Commission is deferring to the cooperate by the sharing of information employ.37 applicable regulatory body in the United and otherwise, with the Secretary of As discussed in the OTC Concept Kingdom in this case, the Commission State and any other authority, body or Release and in Section VI.B below, a is not presented with certain issues that person having responsibility for the swaps clearing operation may reduce would otherwise arise if a petition were supervision or regulation of investment counterparty credit risk and the submitted by a domestic clearing business or other financial services; and transaction and administrative costs organization or by a foreign clearing (iv) has default rules which enable associated with the swaps market while organization subject to a less action to be taken to close out a increasing liquidity and price comprehensive regulatory structure. member’s position in relation to all transparency in that market.38 Accordingly, the Commission believes unsettled market contracts to which Accordingly, the Commission is that the LCH Petition is not necessarily such member is a party, where that approving the LCH Petition, pursuant to a basis from which to develop a member appears to be unable to meet its Section 4(c) of the Act, subject to the regulatory framework for other swaps obligation.45 terms and conditions contained in the clearing facilities. Subject to its continuing compliance Second, the LCH Petition is the first Commission’s order. As set forth in with the RCH recognition requirements, of its kind. An individualized course Section VI below, the Commission LCH is permitted to clear both will afford the Commission an believes that the representations made exchange-traded and OTC opportunity to gain greater experience in the LCH Petition, as supplemented by instruments.46 LCH currently performs with swaps clearing operations prior to its counsel, support the findings clearing and settlement functions for formulating and proposing more futures and option contracts traded on required by that provision of the Act. generalized exemptive relief. Finally, an The Commission has reviewed the the London International Financial individualized approach is consistent SwapClear operation as presented in the Futures and Options Exchange with the Commission’s previously LCH Petition and has decided to extend stated intention to review and to exemptive relief only to those 43 LCH Petition at 17–18. analyze petitions for swaps clearing 44 transactions and market participants set The FSA is authorized to ‘‘recognise’’ clearing operations on a case-by-case basis in the houses in the United Kingdom pursuant to FSAct forth in its order. Because Section 4(c) context of specific proposals.42 (Delegation) Order 1987. Id. at 17, n. 33. expressly authorizes the Commission to 45 Id. See also FSAct Pt. 1, 39 (1986) (Eng.). furnish the exemptive relief described According to LCH, the FSAct requires that persons 39 58 FR 5587 at 5591, n. 30. therein by order, as well as by rule or who intend to engage in ‘‘investment business’’ in 40 63 FR 26114 at 26123. the United Kingdom be either ‘‘authorised’’ or regulation, the Commission believes 41 In its OTC Concept Release, the Commission ‘‘exempted’’ persons, as those terms are defined in that there is no legal impediment to acknowledged that the benefits that might accrue the FSAct. RCHs qualify as ‘‘exempted persons’’ from a swaps clearing service might come at the and, thus, are exempt from the authorisation 32 Id. cost of increased credit concentration and its requirement and the conduct of business rules for attendant risks. 63 FR 26114 at 26122. The 33 Id. at 26120. the activities associated with their recognition Commission notes, however, that LCH represents 34 status, as long as they continue to satisfy the Id. at 26122. that it has adopted several risk management recognition criteria. These criteria were established 35 Id. procedures to address such risks. LCH’s risk to take into account an RCH’s ‘‘special regulatory 36 Id. at 26120. management program is discussed in Section III.B position within the financial system’’ and an RCH’s 37 Id. at 26122–23. below. expertise in the operation of such markets. 38 Id. at 26122. 42 58 FR 5587 at 5591. 46 LCH Petition at 17.

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(‘‘LIFFE’’), the London Metal Exchange, SwapClear Clearing Members will limit participation in SwapClear to and the International Petroleum (‘‘SCMs’’).54 A swap agreement will not persons whose qualifications exceed Exchange and for United Kingdom be eligible for clearing through those of the ‘‘appropriate persons’’ set equity transactions effected on SwapClear unless both counterparties to forth in Section 4(c) of the Act and the Tradepoint, an electronic stock the transaction have been approved as ‘‘eligible swap participants’’ delineated exchange.47 LCH states that it cleared SDs and the SDs submit transactions to in Rule 35.1.59 LCH represents that its and settled 279 million exchange-traded SwapClear for clearing through a participant eligibility standards will be futures and option contracts in 1997. qualified SCM.55 End-users and publicly disclosed and that it will As discussed more particularly in members of the general public will not provide access to SwapClear’s services Section IV.A below, LCH, as an RCH, is be permitted to participate.56 to all qualified SDs and SCMs on equal subject to direct regulatory oversight by LCH designed the SD and SCM terms.60 the FSA and is subject to reporting, eligibility criteria to ensure that LCH further represents that its Risk recordkeeping, and other regulatory SwapClear participants 57 possess the Management Department will monitor obligations.48 Among other things, the financial and operational capability and the compliance of SDs and SCMs with FSA monitors LCH’s continuing experience to deal in swap agreements SwapClear’s admission standards on an compliance with the RCH qualifying and the sophistication to understand ongoing basis 61 and that all SDs and criteria and its own annual statement of and to manage the risks of such SCMs will be bound by LCH rules, objectives and requires that LCH furnish transactions.58 Its admission standards regulations, and procedures the FSA with information regarding its (collectively, ‘‘LCH Rules’’).62 Any SD governance, personnel, members, that processes and transmits financial messages who fails to comply with LCH Rules business entities, and rule changes.49 among its users worldwide); and (v) either a swaps will no longer satisfy SwapClear’s clearing member (‘‘SCM’’) or an entity that has a participant eligibility criteria. An SCM’s B. SwapClear clearing arrangement with an SCM. Id. at 13–14, 23. See also Letter from Michael M. Philipp, Katten failure to comply with LCH Rules will SwapClear is a newly-developed LCH Muchin & Zavis, counsel to LCH, to Jocelyn B. constitute an event of default by the operation that will provide multilateral Barone, Staff Attorney, Division of Trading and SCM.63 LCH will establish formal limits clearing, settlement, and payment Markets, CFTC 1 (Nov. 10, 1998) (on file with the Division of Trading and Markets, CFTC). on its intraday credit exposure to each netting services to qualified participants 64 LCH will usually regard transactions as being in SCM. SCMs will be notified of their for forward rate agreements (‘‘FRAs’’) the wholesale market where, for example, the respective credit limits.65 and interest rate swap agreements that institution enters into such transactions as a ‘‘listed satisfy SwapClear’s product eligibility institution’’ under Section 43 of the FSAct or 2. Products 50 otherwise meets the eligibility criteria for such criteria. SwapClear is neither a listing. LCH Petition at 13, n. 28. If the institution Only those swap agreements whose separately organized corporation nor an is not undertaking such transactions in the United terms comply with certain product affiliated entity or branch of LCH. As an Kingdom, LCH will usually regard the transactions eligibility requirements will be accepted extension of an RCH’s activities, as being in the wholesale market if the eligibility for registration and clearing by criteria for Section 43 listing would be met by the SwapClear will be subject to the institution if it were undertaking such transactions SwapClear. The product eligibility regulatory authority of the FSA and to in the United Kingdom. Id. LCH will not usually criteria were designed to ensure that applicable United Kingdom law.51 regard the wholesale market dealer criterion as there is sufficient market liquidity in the SwapClear is scheduled to commence being satisfied where the institution is generally swap agreements that are cleared operation in the summer of 1999.52 regarded as a customer or end-user of the interbank wholesale market. Id. at 13. through SwapClear to allow LCH to calculate daily mark-to-market prices 1. Participants 54 Id. at 8–9 and 12–13. To qualify as an SCM, an entity must: (i) At all times such person is carrying accurately and to enter into replacement LCH will restrict participation in on ‘‘investment business’’ in the United Kingdom, transactions in the event of an SCM’s SwapClear to those persons who are as that term is defined in the FSAct, be either: (a) default.66 Initially, the SwapClear An authorised or exempt person under the FSAct eligible for designation by LCH as operation will be restricted to clearing 53 or (b) a ‘‘European investment firm,’’ as that term SwapClear Dealers (‘‘SDs’’) and/or is defined in the U.K. Investment Services FRAs 67 and interest rate swap Regulations; (ii) be an LCH shareholder; (iii) agreements 68 that contain specified 47 Id. contribute a minimum of £2 million to LCH’s 48 Default Fund; (iv) submit regular financial reports Id. at 18. See also FSAct Pt. 1, 39 (1986) (Eng.). 59 Id. at 23 and 42. 49 to LCH; (v) maintain a back-office with adequate Letter from Jane Lowe, FSA, to Michael 60 Id. at 12, 23, and 29. Greenberger, Director, Division of Trading and systems and records and a staff with expertise in 61 Id. at 12–13 and 23. Markets, CFTC (Nov. 17, 1998) (on file with the the swaps market; and (vi) satisfy minimum 62 Division of Trading and Markets, CFTC) at 4. financial resource requirements. Id. at 12–13. Id. at 37. LCH represents that all SwapClear 50 LCH Petition at 1–2. An SCM’s financial requirements will be satisfied participants will receive a copy of LCH’s regulations and default rules. Id. at 28. 51 Id. at 38. if an SCM: (i) is an SD; (ii) has a parent who is an 63 Id. at 37. 52 Id. at 2. SD and who provides a guaranty of the SCM’s liabilities to LCH; or (iii) has financial resources of 64 Id. at 28 and Appendix I, A–1. LCH has 53 To qualify as an SD, an entity must be: (i) An £250 million. Id. An SCM’s financial resources will indicated that intraday credit limits will be institution that enters into transactions that are be calculated by subtracting its current liabilities established on a ‘‘net’’ basis. equivalent to the swap agreements cleared through from its current assets. Id. at 13, n.27. For purposes 65 SwapClear as a dealer in the ‘‘wholesale market’’ in Id. at 16 and Appendix I, A–1. of this calculation, intangible fixed assets, 66 the United Kingdom or its equivalent elsewhere; (ii) Id. at 14. investments in subsidiaries or other group at all times such person is carrying on ‘‘investment 67 The LCH Petition defines an FRA as ‘‘a companies, other long term assets, shares in LCH, business’’ in the United Kingdom, as that term privately negotiated contract in which two and the value of exchange memberships will not be defined in the FSAct, either: (a) An authorised or counterparties agree on the interest rate to be paid included as current assets. Id. LCH has indicated exempted person under the FSAct or (b) a on a notional amount of a specified currency, of that long term assets include debts or debits that ‘‘European investment firm’’ as that term is defined specified maturity, at a specific future time.’’ Id. at will be due in more than twelve months. in the United Kingdom’s Investment Services 1. The principal is not exchanged. Rather, ‘‘the 55 Regulations 1995 (‘‘U.K. Investment Services LCH Petition at 8–9, 12–13, and 23. An SCM difference between the contracted rate and the Regulations’’); (iii) of investment grade caliber (i.e., may also act as an SD if it satisfies LCH’s SD prevailing rate is settled in cash.’’ Id. FRAs may be an entity having a Standard and Poor’s credit rating admission standards. Id. at 9. for any gap period up to one year and will be settled of BBB or better) or a fully guaranteed subsidiary 56 Id. at 22–23 and 35. on a discounted basis. Id. at 14. of an investment grade parent; (iv) use the Society 57 SDs and SCMs are referred to collectively 68 The LCH Petition defines an interest rate swap for International Financial Telecommunications throughout this release as ‘‘SwapClear agreement as ‘‘a privately negotiated agreement communications network (‘‘SWIFT’’) (SWIFT is a participants.’’ between counterparties to make periodic payments bank-owned cooperative which operates a network 58 Id. at 13–14, 28, and Appendix I, A–1. to each other for a specified period’’ where ‘‘[o]ne

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To be eligible for ‘‘swap agreement’’ as set forth in Part 35 clearing through a registered SCM.89 clearing by SwapClear, an interest rate of the Commission rules.79 Upon submission, SwapClear will verify swap transaction must: (i) Be fixed Some of the material economic terms that: (i) Both original counterparty SDs versus floating rate in a single of transactions eligible to be cleared by satisfy LCH’s participant eligibility currency; 69 (ii) be in acceptable SwapClear will be subject to private criteria and are in good standing with currencies; 70 (iii) use acceptable negotiation between SDs.80 LCH will LCH; (ii) the swap agreement satisfies floating rate indices; 71 (iv) be for a neither establish nor impose any SwapClear’s product eligibility maturity of up to ten years; 72 and (v) requirement (other than those described requirements; and (iii) the transaction have a constant notional principal above) that the swap agreements contain does not exceed the SCMs’ respective amount throughout the term of the standard contract specifications, nor intra-day credit limits with LCH.90 If agreement, with no reset in arrears.73 An will it provide any facility for arranging these criteria are satisfied, LCH will FRA must also be transacted in or executing swap agreements.81 LCH register the swap agreement and confirm acceptable currencies and use an will not obligate an SD to submit swap the transaction to the SDs and their acceptable floating rate to be eligible for agreements to LCH for registration and respective SCMs.91 If a transaction does clearing through SwapClear.74 LCH will clearing, will not mandate that an SD not satisfy these criteria, or LCH impose a minimum acceptable notional submit a swap transaction for otherwise rejects the trade, the amount of one unit of currency on registration and clearing within a SwapClear system will send a rejection eligible FRAs and interest rate swaps, specified period of time after the trade message to each original SD but will not impose a maximum date, and will not require that a swap counterparty.92 In the latter case, the notional amount.75 SDs will be agreement be at current market prices transaction between the original SD permitted to use forward starts,76 stub when submitted for registration.82 Swap counterparties will remain in existence periods,77 and mismatched fixed/ agreements that are ineligible for and will remain subject to the relevant floating dates.78 LCH anticipates registration on the trade date may be master agreement between them, but the broadening the classes of transactions submitted for clearing on a later date, if transaction will not be cleared through acceptable for clearing through they subsequently become eligible.83 No SwapClear.93 Between the time a SwapClear in the future, but represents swap agreement to be cleared through transaction is effected and the time it that it will only register and clear those SwapClear will be traded on a takes the SDs to match and present the transactions within the definition of a multilateral transaction execution details of the transaction for registration, facility.84 the parties will keep the transactions on party makes payments based on a fixed interest rate, their own books and will be subject to while the counterparty makes payments on a 3. Clearing Procedures full counterparty credit risk.94 variable (e.g., floating) rate. The contractual payments are based on a notional amount that is not Confirmations of swap agreements LCH will register swap agreements for actually exchanged.’’ Id. at 1. between SDs to be submitted for clearing only in the names of the SCMs, 69 Id. at 14. clearing through SwapClear will be and the SCMs will be required to deal 70 SwapClear will accept FRAs and interest rate with LCH as principals.95 Each SCM swaps that have been transacted in United States exchanged and matched through 85 86 will be fully liable to LCH for ensuring Dollars, Japanese Yen, Euros, British Pounds, and Accord, Londex, or another if there is sufficient participation in SwapClear by operationally compatible matching performance with respect to each swap Canadian Dollar market-makers, Canadian Dollars. system.87 After the agreement has been agreement registered in its name.96 Id. confirmed, the relevant details of the When LCH registers a swap agreement, 71 Currently, SwapClear will accept transactions transaction will be transmitted to it automatically will send a message to using the following floating rate indices: LIBOR, 97 PIBOR, and EURIBOR. Id. at 15. LCH is SwapClear.88 SDs will be required to the applicable SCMs via SWIFT contemplating expanding the list of acceptable submit transactions to SwapClear for confirming that their transaction has indices to include Commercial Paper, Fed Funds, been registered. At the time of and Constant Maturity Treasuries. Id. 70 registration, the original, bilateral 72 Id. at 14. Id. 80 transaction between the SDs will be 73 Id. During the life of a swap agreement, the Id. at 14, 22, and 42. Within the parameters set floating rate is ‘‘reset’’ at an agreed frequency (e.g., by LCH, the SD may negotiate the notional amount, replaced with four new swap 6 months). In the case of swap agreements traded trade date, effective date, fixed rate, fixed rate agreements: one between each SD and on the interbank market, this is typically done in payer, fixed rate payment dates, floating rate, its SCM, contracting as principals, and advance. A swap agreement has ‘‘reset in arrears’’ floating rate payer, floating rate payment dates, reset dates, termination date, and business day one between each SCM and LCH, where the rate is applied at the end of the prevailing 98 period with payment being made on the period end convention, as defined in ISDA’s 1991 definitions. contracting as principals. LCH will date. Letter from Michael M. Philipp, Katten Id. at 14. become the central counterparty with Muchin & Zavis, counsel to LCH, to Jocelyn B. 81 Id. at 9 and 14. respect to all swap agreements to be Barone, Staff Attorney, Division of Trading and 82 Id. Markets, CFTC 1 (Nov. 13, 1998) (on file with the 83 Id. at 14. For example, a swap agreement with 89 Id. at 8–9. Division of Trading and Markets, CFTC). a fifteen year maturity initially would not satisfy 90 Id. at 8–9 and Appendix I, A–1. 74 LCH Petition at 14–15. SwapClear’s product eligibility criteria because 91 Id. at 9. 75 Id. at 15. such criteria do not allow for transactions with 92 Id. at Appendix I, A–2. 76 LCH defines a ‘‘forward start’’ as a swap maturities in excess of ten years. However, such a 93 agreement that starts at an agreed date in the future. transaction would become eligible for registration Id. Letter from Michael M. Philipp, Katten Muchin & after five years. Id. 94 Id. at 9. Zavis, counsel to LCH, to Jocelyn B. Barone, Staff 84 Id. at 22. 95 Id. at 12. Attorney, Division of Trading and Markets, CFTC 1 85 Accord is a service offered to the users of 96 Id. (Nov. 13, 1998) (on file with the Division of Trading SWIFT that facilitates the matching of transaction 97 Because all SDs must be SWIFT users to and Markets, CFTC). confirmations. Id. at 9, n. 24. acquire and maintain their SD designation, SCMs 77 LCH explains that a swap agreement contains 86 Londex is an OTC confirmation matching that also qualify as SDs necessarily will have access a ‘‘stub period’’ when either the time period system that is currently being developed by SNS to the SWIFT network. LCH anticipates that most between the start of the swap agreement and the Systems, Inc. Id. at 9, n. 25. other SCMs will utilize the SWIFT system in order first reset or the time period between the last reset 87 Id. at 9. SDs will maintain responsibility for to obtain automatic confirmation. However, an SCM and the end of a swap agreement is not a commonly ensuring that the trade details of all swap who is not SWIFT user will be able to access, quoted interval (i.e., 2.5 months, rather than 3 agreements submitted to SwapClear for registration through LCH, a real time listing of the registered months). Id. and clearing match. Id. trades for that SCM’s customers. 78 LCH Petition at 15. 88 Id. 98 Id. at 10 and Appendix I, A–2.

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SCMs and SDs thereunder.99 The SCMs, in turn, will be likely will carry their non-proprietary will have an ongoing duty to notify LCH responsible for performance to their SwapClear positions and associated if they cease to satisfy any of the respective SDs and to LCH.100 The new margin funds in their ‘‘house’’ account SwapClear participant eligibility criteria contracts between the SDs and the at LCH.109 Accordingly, LCH believes and will be required to furnish LCH, SCMs will contain the same terms to that United States persons who do not upon request, with any information LCH which the original counterparties engage in SwapClear transactions, but deems necessary to determine their agreed.101 The new contracts between who clear their exchange-traded futures participant eligibility status if LCH LCH and each SCM will contain the through the ‘‘client’’ account of a reasonably doubts their continued same terms as the contracts they member of LCH who is also an SCM are eligibility.112 SDs and SCMs will be replaced, but will also contain LCH’s unlikely to be exposed to a greater required to notify LCH upon the standard contract terms (e.g., margin likelihood of loss in the event of a occurrence of specified events relating payment requirements, rules regarding default by a SwapClear participant than to their status as a registrant or licensee; what constitutes acceptable collateral, would exist prior to the implementation their authorization to conduct and choice of law provisions).102 of a SwapClear facility. investment business in the United Immediately upon registration of a Kingdom; their insolvency, dissolution, swap agreement, LCH will net the 5. Risk Management Procedures or conviction of a financial crime; payment amounts due to or from each LCH represents that it will employ disciplinary or enforcement judgments SCM under the terms of all of the swap several risk management tools to control involving them; and material changes in transactions registered in the SCM’s the risks arising from its acting as a their business.113 LCH will maintain name for the same value date and in the central counterparty for swap records of SCM transactions for six same currency.103 In addition, LCH will transactions that are registered and years, and such records will be available net these payments with other payments cleared through SwapClear.110 In to SwapClear participants and to their due to or from the SCM as a result of addition to the mechanisms already auditors upon request.114 any exchange-traded instruments that it discussed—participant admission To protect against potential adverse clears with LCH on each payment standards and payment netting future market movements and the cost date.104 This will result in a net single arrangements—these risk management of liquidating the portfolio in the event pay or receive amount per currency per tools include participant reporting of an SCM’s default, LCH will require day between LCH and each SCM.105 requirements, initial margin SCMs to post initial margin.115 The SwapClear will determine all reset rates requirements, daily marking-to-market initial margin required of SCMs will be and calculate reset amounts.106 Upon of all positions, variation margin established using a scenario-based each payment date, the amount payable requirements, intraday credit limits, margin methodology analogous to or receivable in each currency will be back-up financial resources, and stress London SPAN, the futures margining settled by means of LCH’s Protected testing. system currently in use at LCH.116 In Payment System (‘‘PPS’’).107 LCH also will impose both routine determining the definition and scale of and event-based reporting requirements the scenarios, LCH will use: (i) its 4. Treatment of Client Funds upon SwapClear participants.111 For experience in setting margin rates for LCH represents that United Kingdom LIFFE interest rate contracts; (ii) an law would permit LCH to commingle 109 Letter from Michael M. Philipp, Katten analysis of historic, implied, and segregated client funds relating to an Muchin & Zavis, counsel to LCH, to Jocelyn B. modeled term structure volatility; (iii) SCM’s exchange-traded business in the Barone, Staff Attorney, Division of Trading and 117 Markets, CFTC (Mar. 2, 1999) (on file with the modeling of extreme events; and (iv) United Kingdom and client funds Division of Trading and Markets, CFTC). LCH’s conservative assumptions regarding the relating to an SCM’s SwapClear expectation that SCMs will carry their respective time necessary to close out.118 The business.108 However, LCH represents SwapClear positions in their ‘‘house’’ account is further that it anticipates that LCH based upon three assumptions. First, LCH believes Authority (‘‘SFA’’) will be required to provide that most SDs will submit swap transactions for clearing members who are also SCMs copies of the monthly financial reports that it files clearing through an affiliated SCM. Second, LCH with its respective regulator; a participant that is anticipates that most SCMs will not be required regulated by the CFTC or the SEC will be required 99 Id. at 10. under relevant United Kingdom law to segregate an to provide copies of the quarterly financial reports 100 Id. SD’s SwapClear-related funds into a ‘‘client’’ that it files with its respective regulator; and an 101 Id. at Appendix I, A–1–A–2. account and will not, in fact, do so. Third, to the unregulated participant will be required to provide extent that the segregation requirement would 102 Id. quarterly financial reports, including the balance otherwise apply, relevant United Kingdom law 103 Id. at 10 and Appendix I, A–2. These sheets and profit and loss statements prepared by permits most SDs to ‘‘opt out’’ of that requirement the participant for its management’s use. Id. at 37. payments may include margin payments, fees, and to consent to the placement of their funds in 112 Id. at 16. interest, settlement payments, and other payments the SCM’s ‘‘house’’ account. associated with the SCM’s LCH-cleared 113 Id. 110 LCH Petition at 15–17 and Appendix I, A–1- transactions. Id. at Appendix I, A–2. 114 A–8. Id. at 37. LCH is also subject to certain 104 Id. at 10 and Appendix I, A–2. reporting and recordkeeping regulations imposed 111 Id. at 16 and 37. The specific reporting 105 by the FSA. These requirements are discussed in Id. at 10. requirements LCH will impose upon SwapClear 106 Section IV. Id. participants will vary depending upon the type of 115 107 Id. LCH requires SCMs to maintain accounts SwapClear participant and the regulatory regime to Id. at 16 and Appendix I, A–1 and A–3. for each currency type with at least one of the which the participant is subject. Letter from 116 Id. at Appendix I, A–3. SwapClear’s margin twenty-three banks it uses under its PPS. Id. at Michael M. Philipp, Katten Muchin & Zavis, methodology is subject to approval by the FSA. Id. Appendix I, A–4. Settlement takes place via book counsel to LCH, to Jocelyn B. Barone, Staff 117 The LCH Petition cites the United Kingdom entry transfer between the accounts of the SCM and Attorney, Division of Trading and Markets, CFTC 1 leaving the ERM in 1992 and the bond crisis in LCH. Id. (Nov. 20, 1998) (on file with the Division of Trading February of 1994 as examples of such events. Id. 108 Letter from Michael M. Philipp, Katten and Markets, CFTC). For instance, a SwapClear 118Id. LCH’s yield curve scenarios used in Muchin & Zavis, counsel to LCH, to Jocelyn B. participant that is regulated as a bank will be calculating SwapClear initial margin requirements Barone, Staff Attorney, Division of Trading and required to provide LCH with a copy of its annual assume a time to close out of five days, although Markets, CFTC 2 (Feb. 9, 1999) (on file with the report and audited accounts; a participant that is LCH would seek to offset the positions of a Division of Trading and Markets, CFTC). regulated by the FSA or the Securities and Futures defaulting SCM by liquidating, hedging, or

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The stress tests employ, securities of the following types— limit.128 for all contracts, extreme historical price United Kingdom gilts and treasury bills, LCH asserts that it will ensure that movements recorded in the exchange 141 United States government bills, notes, SwapClear will have access to financial markets cleared by LCH. LCH resources of sufficient size and liquidity examines the results of the stress testing and bonds, German government bonds, 129 French, Dutch, Italian, and Spanish to satisfy its settlement obligations. daily and reports the results on a government bonds and treasury bills, As of the date of the LCH Petition, LCH quarterly basis to the Risk Committee of and certain certificates of deposit; and had cash margin cover for its futures LCH’s Board so that the Risk Committee and option business in excess of £2 may make recommendations to the (iii) bank guarantees, in a form billion.130 LCH represents that these Board if the ongoing adequacy of the DF determined by LCH.122 funds are held on short-term deposit is placed in doubt.142 LCH also makes To prevent losses from accumulating with acceptable bank depositories, as the results of the stress testing available in the system, LCH will mark-to-market determined by minimum credit rating to the FSA.143 all SwapClear positions on a daily basis criteria and limits according to credit 6. Default Rules and Procedures and will require SCMs to pay any rating and shareholder funds.131 Should change in the value of those positions additional funds be needed, LCH SCMs will be subject to LCH’s default from the previous day’s value in cash as maintains bank lines of credit in the rules.144 LCH is authorized by these variation margin.123 LCH will establish amount of £40.5 million and $10 rules to declare an SCM in default in a a zero-coupon yield curve in each million.132 LCH also maintains a Default number of circumstances, including: (i) currency on each day and calculate Fund (‘‘DF’’) to cover situations where The failure of the SCM to satisfy its mark-to-market values of the swap the costs to LCH of standing behind and payment obligations on time or the agreements cleared through SwapClear closing out and/or transferring a likelihood that it will have difficulty in to facilitate the collection of the defaulting member’s positions exceed doing so; (ii) the insolvency of the SCM appropriate amount of variation the margin collected by LCH from the or a related company; and (iii) certain margin.124 defaulting member.133 The DF currently regulatory action.145 LCH will have the consists of £150 million contributed by discretion to take a variety of actions transferring such positions in a shorter period of LCH’s exchange clearing members.134 with respect to a defaulting SCM’s time. Letter from Michael M. Philipp, Esquire, The DF contributions are in the form of transactions, including: (i) closing out Katten Muchin & Zavis, counsel to LCH, to Jocelyn cash-backed indemnities, with LCH the transactions; (ii) entering into B. Barone, Staff Attorney, Division of Trading and replacement transactions; 146 (iii) setting Markets, CFTC 1 (Mar. 3, 1998) (on file with the holding the cash.135 Upon Division of Trading and Markets, CFTC). commencement of the SwapClear off any losses that result from the SCM’s 119 LCH Petition at Appendix I, A–3. operation, LCH intends to increase the 120 Id. DF by an additional £100 million to be 138 Id. 121 139 Id. Both the transitional DF increase of £100 Id. LCH represents that its governance contributed by SCMs.136 It is likely that structure reserves margin rate setting to LCH’s Chief million and LCH’s approach to measuring the Executive to ensure LCH’s decisions regarding each SCM initially will contribute to the adequacy of the DF and making necessary margin are made independently and to avoid DF at a minimum flat rate of £2 adjustments to it are subject to further refinement conflicts of interest. Id. at 28. LCH has indicated million.137 As registered positions and discussion with the FSA. Changes to the rules governing the DF are also subject to approval by that neither the Chief Executive nor members of his increase, LCH intends to implement staff will be associated with SwapClear LCH’s membership. Id. participants. 140 Id. at Appendix I, A–4–A–5. 122 Id. at Appendix I, A–4. Bank guarantees from 125 Id. at 16 and Appendix I, A–1. 141 Id. at 28 and Appendix I, A–4. an SCM or from an SCM’s parent company would 126 Id. at Appendix I, A–1. 142 Id. at Appendix I, A–4–A–5. not be accepted. LCH is currently considering 127 Id. at 9, 16, and Appendix I, A–1. 143 Id. at Appendix I, A–5. whether to extend its arrangements to include 128 Id. at Appendix I, A–1. 144 Id. at Appendix I, A–2. Euroclear’s Collateral Management Service in order 129 Id. at 16 and Appendix I, A–4. 145 Id. at Appendix I, A–5. Regulatory actions to facilitate the provision of additional margin cover 130 Id. at Appendix I, A–4. that might constitute an event of default include: (i) after transfers are no longer possible through the 131 Id. The SCM is in breach of the terms of membership United Kingdom banking system. Id. 132 Id. LCH does not believe that it will be of a regulatory body, is refused an application for 123 Id. at 16, 28, and Appendix I, A–3. necessary to establish additional credit lines with membership in a regulatory body or is suspended 124 Id. at 16 and Appendix I, A–1–A–2. One respect to its SwapClear business. LCH asserts that or expelled from membership in a regulatory body; feature of SwapClear’s margining process that it does not need to maintain the large credit lines (ii) the SCM is in breach of the rules of a regulatory distinguishes it from an exchange margining held by clearing houses whose initial margin cover body to which it is subject; (iii) the SCM’s procedure is that SwapClear sets no separate principally takes the form of securities because authorisation by a regulatory body is suspended or maintenance margin level. Daily margin flows must LCH’s margin cover is highly liquid. Id. withdrawn; or (iv) a regulatory body takes or meet initial margin requirements, so that all margin threatens to take action against or in respect of the 133 Id. payments are essentially ‘‘variation margin’’ SCM under any statutory provision or process of because there is no daily settlement or mark-to- 134 Id. law. LCH Default Rules. market flows that adjust margin accounts above the 135 Id. 146 The replacement costs would be part of the maintenance level, but below the initial margin 136 Id. at Appendix I, A–5. loss that LCH could claim from the defaulting SCM. level. 137 Id. LCH Petition at Appendix I, A–6.

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default against its gains; (iv) applying IV. Regulatory Oversight in the United (‘‘Notification Regulations’’).158 LCH margin held against any net loss; 147 and Kingdom and Information-Sharing must also provide the FSA with an (iv) if the margin held by LCH is Between Regulators annual regulatory plan that includes a insufficient to cover the net loss, statement of its objectives and annual A. Applicable Regulations in the United targets against which LCH’s applying additional resources against Kingdom the net loss in accordance with its performance may be judged.159 The FSA default rules.148 Additional resources LCH, SwapClear, and SwapClear monitors LCH’s progress against its 160 would be applied in the following order: participants are subject to a regulatory plan on an annual basis. Representatives of the FSA meet with (i) The defaulting SCM’s DF comprehensive regulatory regime in the senior clearing house risk managers and contribution; (ii) any pre-tax, pre-rebate United Kingdom. The Commission LCH’s Chief Executive on a regular basis reviewed the United Kingdom’s earnings LCH has generated in the to discuss regulatory issues. The FSA financial year in which the default regulatory framework in connection also conducts various site projects, as occurs as a loss borne by LCH for its with a petition submitted by the FSA’s necessary, in response to specific own account, up to a maximum of £10 predecessor in interest, the Securities regulatory concerns.161 million per financial year; (iii) LCH’s and Investment Board (‘‘SIB’’), that As an extension of LCH’s activities as insurance backing or analogous requested an exemption from the an RCH, the SwapClear operation will arrangements; (iv) the DF contributions application of certain Commission be subject to regulatory oversight by the of non-defaulting members; 149 and (v) foreign futures and options rules FSA. The FSA anticipates requiring LCH’s own capital.150 pursuant to Rule 30.10 (‘‘SIB regular reporting regarding SwapClear, Petition’’).155 The SIB Petition requested but has not determined definitively the 7. Operational Safeguards exemptive relief on the grounds that the specific reporting requirements that it applicable regulatory and self-regulatory LCH will implement certain framework in the United Kingdom was 158 FSAct, Section 39. Section 41 of the FSAct safeguards to ensure the reliability and comparable to that imposed by the CEA authorizes the FSA to promulgate regulations so 151 security of its operations. and the Commission’s regulations. By that it may acquire the information necessary to carry out its supervisory and other regulatory Specifically, LCH will internally test an order that became effective on July and will participate in third party functions. 19, 1989,156 the Commission granted the Among other things, LCH is required to provide testing of the systems upon which it SIB Petition, stating that the the FSA with information relating to its governance, relies (e.g., CGO II, CREST, and Commission had concluded that the personnel, business activities, members and SWIFT).152 LCH will also maintain changes to its rules. LCH Petition at 18; Letter from standards for relief relevant to a Jane Lowe, Financial Services Authority, to Michael comprehensive back-up and business determination that a particular Greenberger, Director, Division of Trading and recovery facilities.153 In addition, LCH regulatory program is ‘‘comparable’’ to Markets, CFTC (Nov. 17, 1998) (on file with the has implemented a comprehensive year Division of Trading and Markets, CFTC) at 3. that in the United States, as set forth in Governance and personnel information would 2000 (‘‘Y2K’’) program to avoid Commission rules, had ‘‘generally been include information relating to changes to its disruptions that could be caused by the satisfied’’ and that ‘‘compliance with constitution, changes to key personnel, and events use of computer technology that is not applicable United Kingdom Law and relating to key personnel (e.g., the presentation of 154 a petition for bankruptcy); a change in its Y2K compliant. SIB rules may be substituted for independent arbitrator, ombudsman, or complaints compliance with [certain] sections of investigator; or the dismissal of, or any disciplinary 147 LCH would return any surplus margin to the the Act * * *’’ 157 actions relating to, any of its officers or employees). Id. at 6–7. With respect to its business activities, defaulting SCM’s administrator or liquidator or to Pursuant to applicable United the defaulting SCM itself, as appropriate. Id. LCH must provide the FSA with certain financial Kingdom law, LCH, as an RCH, is information (e.g., annual audited reports and 148 Id. at Appendix I, A–5–A–6. subject to oversight by the FSA. The accounts and the quarterly and annual budgets) and 149 LCH’s default rules permit LCH to use a non- notification of the following: a change in its defaulter’s DF contribution unless insurance is FSA will monitor LCH’s ongoing auditors, fees, or charges; the presentation of a available. Letter from Michael M. Philipp, Katten compliance with relevant regulatory petition for winding up; the appointment of a Muchin & Zavis, counsel to LCH, to Jocelyn B. requirements. In order to uphold its receiver or liquidator; the making of a voluntary Barone, Staff Attorney, Division of Trading and RCH status, LCH is required to maintain arrangement with creditors; the institution of legal proceedings against it; the delegation of regulatory Markets, CFTC 1 (Nov. 19, 1998) (on file with the specified financial resources and to Division of Trading and Markets, CFTC). The terms functions of another body regulated by the FSA; the of LCH’s insurance contract provide for coverage for adhere to certain reporting and undertaking of any regulatory functions of another default losses totaling in excess of £150 million over recordkeeping requirements. For body regulated by the FSA; a change in the name of the persons to whom it provides clearing a rolling three year period rather than a loss example, LCH must furnish the FSA services; and admissions and deletions from its incurred on any individual default. Id. To the with the information set forth in the membership. Id. With respect to its members, LCH extent that LCH has used any of its profits, or if Financial Services Notification by is required to advise the FSA of any disciplinary there has been a previous call on the DF after which Recognised Bodies Regulations 1996 action it takes against a member or an employee of LCH has required members to ‘‘top-up’’ the DF, the a member; persons appointed by another regulatory insurance may be available before all of the DF has body to investigate the affairs of a member or its been depleted. Id. 155 Appendix A to Rule 30.10 permits specified clearing services; evidence indicating that any 150 LCH Petition at Appendix I, A–5–A–6; LCH persons located outside of the United States and person has been carrying on unauthorized Default Fund Rules; and Letter from Michael M. subject to a comparable regulatory structure in the investment business or has committed a criminal Philipp, Katten Muchin & Zavis, counsel to LCH, jurisdiction in which they are located to petition offense under the FSAct; and the open positions, to Jocelyn B. Barone, Staff Attorney, Division of the Commission for exemption from the application margin liability, and cash and collateral balances of Trading and Markets, CFTC 1 (Nov. 19, 1998) (on of certain Part 30 rules based upon substituted a defaulting member’s accounts. Id. file with the Division of Trading and Markets, compliance with comparable regulatory 159 LCH Petition at 18. CFTC). Such procedures would not preclude LCH requirements imposed by the foreign jurisdiction. 160 Letter from Jane Lowe, Financial Services 17 CFR 30.10. The Part 30 rules authorize the from pursuing contractual and other legal remedies Authority, to Michael Greenberger, Director, Commission to grant such an exemption if the against the SCM in the event of a default. Division of Trading and Markets, CFTC (Nov. 17, action would not be otherwise contrary to the 1998) (on file with the Division of Trading and 151 LCH Petition at 16, 28, and Appendix I, A– public interest or to the purposes for which the Markets, CFTC) at 4. 1 and A–7. exemption is sought. Id. 161 Id. at 4–5. The FSA anticipates that the 152 Id. at Appendix I, A–8. 156 Foreign Futures and Option Transactions, 54 existing regulatory framework applicable to LCH 153 Id. at Appendix I, A–1 and A–7. FR 21599 (May 19, 1989). will be substantially retained in the United 154 Id. 157 Id. at 21600. Kingdom’s Financial Services Reform Bill. Id. at 5.

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The FSA expects any Commission action on the LCH the Commission with an opportunity to to receive, among other things, product Petition prior to the completion of acquire and consider the perspectives of reporting (e.g., the range in mark-to- Commission consideration of the several segments of the derivatives market values of the FRAs and swap comments regarding swaps clearing markets and would provide a level of agreements it clears and information organizations it solicited in the OTC due process more appropriate to the regarding counterparty positions); risk Concept Release.164 It further suggested contemplated degree of regulatory management reporting (e.g., margining that the Commission subject the LCH change. levels, changes in the credit standing of Petition itself to the concept release As discussed above, the Commission SCMs, LCH’s counterparty exposure, process consistent with its recent is authorized to examine and assess and stress testing results); and exception treatment of similar market petitions for exemptive relief pursuant reporting (e.g., same day reporting on initiatives.165 The Commission notes to Section 4(c) of the Act on a case-by- matters being reported regularly, where that there is no legal requirement for the case basis and to issue orders granting developments extend beyond Commission to issue a concept release or denying such relief. It has elected to predetermined levels).162 prior to granting an exemption pursuant do so because (i) such an approach is SwapClear participants will also be to the authority provided by that consistent with its formerly stated subject to regulation in the United provision. Furthermore, the intention to evaluate proposals for Kingdom. SwapClear participants will Commission has had the benefit of the swaps clearing operations in this way; be required to be authorised or exempt public comments submitted in response (ii) this is the first such petition that has under the FSAct where entering into to the OTC Concept Release as well as been submitted to the Commission; (iii) swap agreements cleared by SwapClear the public comments submitted in swaps clearing services are a novel would constitute ‘‘investment business response to its request for comment on addition to the OTC market and, thus, in the United Kingdom,’’ as that phrase the LCH Petition. there is little experience upon which the is defined in the FSAct.163 Both CBOT and NYMEX Commission might draw in developing recommended that, in lieu of granting an exemption of general applicability; B. Information-Sharing Between the piecemeal exemptions, the Commission and (iv) SwapClear and SwapClear CFTC and the FSA should adopt a generic regulatory participants will be subject to extensive regulation abroad. The Commission also The FSA and the CFTC have reached framework that would permit the notes that the comment letters received an understanding concerning the form centralized clearing of swap agreements by the Commission support the and content of a Bilateral Side Letter in accordance with standards that conclusion that the public was (‘‘Side Letter’’) to the Memorandum of would apply equally to foreign and sufficiently informed of the LCH Understanding dated September 25, domestic clearing organizations. CBOT and NYMEX urged the Commission to Petition to enable meaningful comment 1991 on the Mutual Assistance and on the proposal. Exchange of Information between the defer action upon the LCH Petition until generally applicable rules could be NYMEX also recommended that the SEC, the CFTC, the United Kingdom’s Commission use the minimum Department of Trade and Industry, proposed and published. NYMEX maintained that publishing proposed standards for netting systems HMT, and the FSA (formerly the recommended by the Report of the Securities and Investments Board)(’’US/ standards for broad prospective application would be more compatible Committee on Interbank Netting UK MOU’’). The Commission believes Schemes of the Central Banks of the that an exchange of information with the Commission’s prior practice in issuing Section 4(c) exemptions than Group of Ten Countries, known as the concerning SwapClear should help ‘‘Lamfalussy Report,’’ as a starting point provide LCH, the FSA, and the providing isolated relief to one applicant.166 It also argued that a in developing standards for a swaps Commission with notice of potential clearing facility. NYMEX specifically problems arising from the operation of proposed that the Commission establish SwapClear or the activities of SDs and 164 63 FR 26115. 165 CBOT cited the placement of the electronic qualifying criteria for participation in a SCMs and thus permit regulatory or self- computer terminals of foreign boards of trade in the swaps clearing operation that consider regulatory bodies to react to such United States for the purpose of trading products the financial integrity, commercial conditions at an earlier stage. available through those boards of trade as an example of a recent market innovation that the standing, and swaps transaction V. Summary of Comments Commission has subjected to the concept release experience of the prospective process. Concept Release on the Placement of a participants.167 It further suggested that Most of the commenters viewed the Foreign Board of Trade’s Computer Terminals in the Commission require swaps clearing establishment of a swaps clearing the United States, 63 FR 39779 (July 24, 1998). facilities to, inter alia, collect original operation as an important and positive CBOT also cited the Commission’s decision to postpone its deliberation of CBOT’s proposal and variation margin in cash or cash development in the OTC derivatives regarding the exchange of agricultural futures for equivalents, mark-to-market and settle market and affirmed that a clearing OTC options and NYMEX’s proposal to adopt a new cleared swap agreements on a daily mechanism may provide significant rule that would permit an exchange of futures basis,168 segregate customer funds from benefits to swap market participants, contracts for qualifying swap agreements (‘‘EFS Transactions’’) until the Commission examined the including a reduction of the issues raised in its Concept Release on the sale of energy products. See Exemptions for Certain counterparty credit risk associated with Regulation of Noncompetitive Transactions Contracts Involving Energy Products, 58 FR 6250 swap transactions. However, the Executed on or Subject to the Rules of a Contract (Jan. 27, 1998)(Proposed Order). commenters’ views diverged on the Market, 63 FR 3708 (Jan. 28, 1998). The 167 NYMEX objected to SwapClear’s admission Commission notes that it has since approved standards as unnecessarily restrictive and approach that the Commission should NYMEX’s EFS Transactions proposal, pursuant to anticompetitive because they would prohibit an take in approving a swaps clearing the terms and conditions of a three year pilot entity that is not a swaps dealer in the interbank operation and the appropriate timing of program. CFTC Approves [NYMEX’s] Proposal to wholesale market from using SwapClear, regardless Commission action on the LCH Petition. Permit EFS Transactions, CFTC Press Release No. of the entity’s size, financial integrity, or experience 4228–99 (Jan. 11, 1999). in swap transactions. 166 NYMEX cited the Commission’s publication of 168 NYMEX recommended that the Commission 162 Id. at 8. the proposed order granting exemptive relief for accept the prices of Commission-approved contracts 163 Id. at 18. certain contracts involving the deferred purchase or Continued

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To under the transaction be a material reserve the right periodically to review ensure even-handed regulation and fair consideration in entering into the swap any exemption it provides pursuant to competition between OTC markets and transaction. The Commission notes that Section 4(c) of the Act and futures exchanges, NYMEX proposed the exemptive relief provided by the prospectively to modify or terminate the that the Commission undertake a broad order is restricted to transactions and exemption as circumstances warrant. review of its current regulations and participants that satisfy such The Commission notes that NYMEX consider applying its Section 4(c) requirements as well as the other terms acknowledged that the LCH Petition exemptive authority to exchange-traded and conditions set forth in the order. incorporated many of the financial and instruments. SIA also questioned the Commission’s operational safeguards suggested by The Commission notes that its order authority to oversee the operations of a NYMEX. For example, SwapClear’s risk expressly conditions the exemptive clearing house such as LCH. management features include relief provided therein upon the Specifically, it asserted that the participant reporting requirements, the requirement that the swap transactions Commission may only regulate a collection of initial and variation to be cleared by SwapClear not be part clearing organization in the limited margin, and daily marking-to-market of of a fungible class of agreements that are context of its oversight of the futures all positions. standardized as to their material and option clearing activities of boards CBOT and NYMEX also expressed economic terms. The Commission also of trade designated as contract markets. concern regarding the competitive notes that its approval of the LCH SIA also argued that the Commission’s effects on the United States industry of Petition does not preclude other entities assertion of jurisdiction over LCH approving the LCH Petition in the that may wish to operate a swaps would be inconsistent with Section 4(b) absence of generally applicable clearing facility from submitting a of the Act.170 The Commission exemptive relief. CBOT explicitly noted similar request for relief. recognizes that LCH and SwapClear are that approving the LCH Petition absent ISDA and SIA questioned the subject to an extensive regulatory generalized relief would enable a Commission’s ability to exercise scheme in the United Kingdom and foreign entity to begin clearing swap jurisdiction over LCH and the notes that it is not adopting any rules or agreements in the United States before transactions to be cleared by SwapClear. regulations of the type prohibited by a United States-based clearing In ISDA’s view, individually negotiated Section 4(b) of the CEA. Rather, the organization would have an opportunity swap transactions subject to clearing Commission is issuing an order as to develop a competing facility. These arrangements are excluded from the authorized by Section 4(c) of the Act to commenters contended that the exemption of Part 35, but are not within extend the exemption already granted in likelihood that swap agreements cleared the ambit of the CEA and the Part 35 of the Commission’s Rules by by LCH will directly compete with Commission’s regulations. Accordingly, permitting swaps clearing. products traded on regulated domestic ISDA maintained that LCH was not In sum, the Commission has carefully futures exchanges necessitates required to submit a petition for considered each of the comments and consistency both between the regulatory exemptive relief under Section 4(c) of believes that the order is generally treatment of clearing facilities for swap the CEA. ISDA asserted that responsive to the commenters’ concerns. Commission action on the LCH Petition agreements and clearing facilities for VI. Determinations Required for should be restricted to: (i) stating that futures contracts and between foreign Exemption and domestic clearing operations. CBOT LCH does not require an exemption Section 4(c) of the CEA authorizes the remarked, for example, that the terms of pursuant to Section 4(c) of the Act or (ii) Commission, by rule, regulation, or LCH-cleared swap agreements were issuing an exemption pursuant to order, to exempt any agreement, likely to become standardized over time Section 4(c) that specifies that the exemption should not be construed to contract or transaction, or class thereof from the exchange trading requirement with sufficient levels of trading volume and open imply that the exempted transactions interest as safe and reliable sources of price data for are futures contracts under the CEA. SIA or Section 4(a) of the Act or any other use in marking swaps positions to market, but that similarly urged the Commission to grant requirement of the Act other than it formulate standards for the use of alternative the requested exemptive relief only to Section 2(a)(1)(B), if the Commission sources of price data as well. NYMEX suggested determines that the exemption would be that such standards should take into account the the extent, and without any reliability of the data sources, the frequency with determination that, the swap consistent with the public interest. which the data are disseminated, and the degree of transactions submitted for clearance by Furthermore, Section 4(c)(2) of the Act acceptance of the data sources by market LCH constitute futures contracts or provides that the Commission may not participants. commodity options subject to the grant an exemption from the exchange 169 NYMEX contended that centralized swaps trading requirement of Section 4(a) of clearing operations would raise fiduciary concerns Commission’s jurisdiction. The because they would collect and hold money from Commission notes that the order grants the Act unless the Commission finds many parties. NYMEX conceded, however, that it an exemption from the CEA only to the would be appropriate to provide an exception to the extent that the CEA is applicable to the 170 Section 4(b) of the Act, inter alia, prohibits the segregation requirement where the customer instruments covered by SwapClear and Commission from adopting a rule or regulation that: knowingly and willingly opts out of the protection (1) Requires Commission approval of any afforded by it. LCH represents that it will permit that the Commission need not analyze contract, rule, regulation, or action of any foreign SCMs to establish separately designated ‘‘client’’ each such instrument to determine that board of trade, exchange, or market or accounts that are separately margined, if they so issue. clearinghouse for such board of trade, exchange, or desire, even though the United Kingdom Client SIA further suggested that the market, or (2) governs in any way any rule or Money Rules that generally require the segregation contract term or action of any foreign board of trade, of proprietary and client funds will not apply to Commission limit the scope of the exchange, or market, or clearing house for such most SCMs. transactions that are eligible for the board of trade, exchange, or market. 7 U.S.C. 6(b).

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The the 1992 Act.180 In this respect, the the agreement, contract, or transaction swaps market currently exists outside Conference Report states that the term for which the exemption is requested the exchange trading forum pursuant to ‘‘public interest’’ as used in Section 4(c) and the exemption would be consistent Part 35, and LCH represents that ‘‘[a]ll is intended ‘‘to include the national with the public interest and the swap agreements cleared through public interests noted in the Act, the purposes of the Act; (ii) the exempted SwapClear will continue to be prevention of fraud and the preservation transaction will be entered into solely individually negotiated transactions and of the financial integrity of the markets, between ‘‘appropriate persons’’; and (iii) will not be traded on a multilateral trade as well as the promotion of responsible the agreement, contract or transaction in execution facility.’’ 177 economic or financial innovation and question will not have a material The Commission has expressly fair competition.’’ 181 The Conference adverse effect on the ability of the excluded transactions that are part of a Report also states that the reference in Commission or any contract market to fungible class of agreements Section 4(c) to the ‘‘purposes of the Act’’ discharge its regulatory or self- standardized as to their material is intended to ‘‘underscore [the regulatory duties under the Act.171 For economic terms or are traded on a Conferees’] expectation that the the reasons stated below, the multilateral transaction execution Commission will assess the impact of a Commission believes that issuing the facility from the scope of the order. It proposed exemption on the exemptive relief as set forth in the order has further restricted the exemptive maintenance of the integrity and is consistent with those determinations. relief to ‘‘swap agreements’’ that have soundness of markets and market been entered into by ‘‘eligible swap participants.’’ A. Exchange-Trading Requirement participants,’’ as those terms are defined As the Commission stated when it The Commission believes that the in Rule 35.1.178 The order, therefore, adopted the Part 35 swaps exemption, exchange trading requirement contained does not significantly expand the class ‘‘swap agreements are important tools in Section 4(a) of the CEA should not be of transactions or class of participants that are used by [market participants] to applied to swap transactions that satisfy already afforded exemptive relief hedge or manage financial risk and the terms and conditions set forth in pursuant to Part 35 of Commission rules accomplish other financial this order. First, the Commission has because the transactions to be cleared by objectives.’’ 182 The Commission recognized that the OTC swaps market SwapClear satisfy all of the conditions believes that a centralized swaps does not serve the same price discovery for an exemption under those rules, clearing facility such as SwapClear may function 172 as the exchange-traded with the exception of one. Because LCH reduce the risks and costs of market because prices in the OTC swaps will interpose itself as a counterparty to participation in the swap market and market are privately negotiated between each transaction it clears, the increase transparency in that market individual market participants.173 LCH requirement that the creditworthiness of without increasing the risk of fraud or represents that some of the material the counterparties be a material market manipulation. economic terms of the transactions to be consideration in entering into or 1. Potential Benefits of SwapClear cleared by SwapClear will be bilaterally determining the terms of the agreements negotiated between the SDs. is not satisfied. In adopting the Part 35 The Commission believes that a Accordingly, SwapClear will not likely Rules, however, the Commission properly managed and adequately perform a ‘‘primary price discovery indicated its willingness to expand the capitalized or otherwise secured function.’’ 174 exemption to include centralized swaps clearing facility that includes a In addition, when adopting the Part clearing facilities under appropriate performance guarantee by a central 35 rules,175 the Commission found that conditions and stated that such a facility counterparty, the multilateral netting of it was not necessary to apply the may prove beneficial to participants and payments, positions, and credit exchange trading requirement to swap the public.179 exposure, and the other innovative agreements satisfying the conditions of Based upon the above, the features offered by SwapClear may the exemption provided therein because Commission determines that the significantly benefit the OTC derivatives ‘‘one of the prerequisites for the exchange trading requirement of Section marketplace by diminishing certain exemption [was] that the swaps 4(a) of the CEA should not be applied risks and costs associated with that agreement not be standardized like to transactions meeting the terms and market.183 exchange products or entered into or conditions of this order. For example, by interposing a central traded on a [multilateral transaction counterparty to each swap transaction it execution facility].’’ 176 Allowing B. The Public Interest and the Purposes clears and by offering LCH’s transactions to be cleared through of the Act performance guarantee, SwapClear SwapClear, under the conditions When considering previous Section effectively substitutes the credit of a 4(c) exemptive actions, the Commission highly capitalized clearing system as a 171 7 U.S.C. 6(c)(2). has measured the action’s consistency 172 By this statement, the Commission does not with ‘‘the public interest and the 180 Exemption for Certain Contracts Involving intend to suggest that a price discovery process is purposes of the Act’’ against the Energy Products, 58 FR 21286, 21292 (Apr. 20, absent from the OTC swaps market. It merely notes ‘‘template of its over-all regulatory 1993)(Final Order). See also Regulation of Hybrid that the difference between the price discovery Instruments, 58 FR 5580, 5582 (Jan. 22, 1993); 58 functions of the exchange and OTC markets may scheme’’ and the guidance set forth in FR 5587 at 5592. warrant diverse regulatory treatment. 181 H.R. Rep. No. 978, supra n.24 at 78. 173 Accordingly, participants in the OTC market 177 LCH Petition at 22. 182 58 FR 5587, 5592. may trade ‘‘off-market.’’ 178 Only the particular FRAs and interest rate 183 Similarly, the Bank for International 174 LCH Petition at 22. swap agreements described in the LCH Petition are Settlements concluded that a clearing house for 175 As discussed above, Part 35 of the eligible for exemptive relief under the terms of the OTC derivatives has the potential to mitigate Commission’s regulations exempts specified order granted herein. Accordingly, the exemption counterparty risk and to reduce systemic risk if the persons who offer, enter into or render advice or that would be provided would be applicable to clearing house manages risk effectively. See, Bank services with respect to specified swap agreements fewer types of agreements than are covered by the for International Settlements, OTC Derivatives: from certain provisions of the CEA. Part 35 exemption. Settlement Procedures and Counterparty Risk 176 58 FR 5587 at 5592. 179 58 FR 5587, 5591, n.30. Management 36 (Sept. 1998).

VerDate 22-SEP-99 14:00 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\A01OC3.122 pfrm01 PsN: 01OCN1 53358 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Notices whole for the credit of an individual 2. Financial Safeguards Commission has indicated may serve as counterparty, thereby mitigating The Commission has previously an appropriate touchstone for reviewing 188 counterparty credit risk. SwapClear’s indicated that the benefits that might a swaps clearing service. NYMEX use of a multilateral payment netting result from the centralized clearing of also recommended that the Commission system may lessen the risks associated OTC derivative transactions may come look to this report for guidance in with multiple, redundant settlement ‘‘at the cost of concentrating risk in the developing standards for a prudently- payments by potentially reducing the clearing organization.’’ 185 Similarly, managed swaps clearing facility. number and the amount of payments NYMEX asserted that the centralized Payment netting may also reduce the that must be made. SwapClear also clearing of swap agreements would amount of capital held in reserve by offers a default procedure designed to entail concentration of financial and clearing members. Capital reserves act permit positions to be closed out with credit risks in one facility and that as a buffer against shocks to the market limited impact on other, non-defaulting clearing members would not be privy to and price volatility. However, the counterparties. In this way, the effects of or be able to assess the risk being introduction of centralized swaps a single member default will be isolated, undertaken by the clearing entity. LCH clearing should result in a reduction in and a chain reaction of consequential has developed a risk management counterparty credit risk and defaults by other market counterparties program designed to control the credit participation costs and a concomitant that may, in turn, cause widespread risk concentration risks associated with its reduction in the need for capital to the financial system may be SwapClear operation. SwapClear’s risk reserves to address those factors. prevented. Moreover, LCH’s default management program includes the 3. Potential for Fraud or Manipulation rules take precedence over the rights of following: imposing admissions a liquidator or other insolvency office- standards intended to restrict The Commission does not believe that holder under relevant insolvency law in participation to financially and the LCH Petition raises any particular the United Kingdom.184 operationally sophisticated entities; concerns with respect to fraud, nor did requiring that SCMs post initial margin The market innovations offered by any commenter suggest that the for each cleared transaction in an SwapClear may also reduce the costs of SwapClear operation might increase the amount that has been calculated in participation in the swaps market. For opportunity for fraud in the swaps accordance with a margin methodology market. LCH will only clear transactions example, the multilateral clearing that is fundamentally similar to that offered by SwapClear may reduce the that are entered into by large, successfully in use at LCH with respect sophisticated financial institutions costs of negotiating credit provisions to its exchange-traded derivatives; 186 and monitoring the financial condition which have dealt with each other on a calculating the marked-to-market values bilateral basis and have the ability and of multiple counterparties. Multilateral of swap agreements on a daily basis; payment netting may reduce the costs of the resources to judge the overall collecting variation margin, in cash, fairness of the price and contract terms providing margin, collateralizing from SCMs each day; and establishing payment obligations, and transferring for each transaction.189 Nevertheless, in formal intra-day credit exposure limits its order, the Commission has reserved several repetitive settlement payments for each SCM and calculating the effect to multiple counterparties. By its authority to act against fraud under of each new transaction on an SCM’s the antifraud provisions of Section 4b decreasing these costs, SwapClear may credit exposure. LCH also has enable swaps market participants to and 4o of the CEA and Rule 32.9. The established clearly prescribed Commission also believes that it will be make more efficient use of their capital, procedures governing a member’s collateral, and credit lines. able to obtain information needed to default and has substantial financial investigate any complaints of fraud that SwapClear may also benefit the swaps resources to protect it against the are within its jurisdiction involving industry by increasing transparency in consequences of such a default. The SwapClear transactions or participants the marketplace. LCH will have adequacy of LCH’s member-backed under the terms of the US/UK MOU and knowledge of each SwapClear default fund will be tested in daily the Side Letter between the Commission participant’s transactions and will set stress tests. This risk management plan, and the FSA. daily credit limits to restrict this as detailed in Section III.B above, exposure accordingly. This may send a incorporates the criteria set forth in the 187 ensure that all parties have both the incentives and clear signal regarding the size and risk Lamfalussy Report, a report that the the capabilities to manage and contain each of the of a portion of a individual participant’s risks they bear and that limits are placed on the proprietary trading. By requiring 185 63 FR 26114 at 26122. maximum level of credit exposure that can be positions to be marked-to-market on a 186 The differences between the margin produced by each participant; methodology applicable to LCH’s exchange-traded 4. Multilateral netting systems should, at a daily basis and by requiring variation and OTC derivatives business may be attributed to minimum, be capable of ensuring the timely margin, SwapClear may reduce a the features which distinguish the trading and completion of daily settlements in the event of an trader’s ability to maintain large pricing of non-fungible from fungible derivatives. inability to settle by the participant with the largest positions without alerting its senior LCH has requested Freedom of Information Act single net-debit position; Confidential Treatment of its margin methodologies 5. Multilateral netting systems should have management to the size or risk exposure pursuant to Rule 145.9. SCMs will have access to objective and publicly-disclosed criteria for of those positions. Finally, by granting SwapClear’s margin methodologies. admission which permit fair and open access; and this exemptive relief, the Commission 187 The Lamfalussy standards include: 6. All netting schemes should ensure the clearly establishes the legality of 1. Netting schemes should have a well-founded operational reliability of technical systems and the SwapClear and the swap instruments to legal basis under all relevant jurisdictions; availability of back-up facilities capable of 2. Netting scheme participants should have a completing daily processing requirements. CFTC, be cleared through it under the CEA clear understanding of the impact of the particular OTC Derivatives Report 136–37 (Oct. 1993). insofar as they comply with the terms scheme on each of the financial risks affected by the 188 Id. and conditions of the Commission’s netting process; 189 In fact, by calculating daily mark-to-market order. 3. Multilateral netting systems should have prices, LCH may decrease potential fraud by clearly-defined procedures for the management of reducing the chances that a party, including a credit risks and liquidity risks which specify the ‘‘rogue’’ employee, could mislead its counterparty 184 LCH Petition at Appendix I, A–2 and A–6–A– respective responsibilities of the netting provider or other person about the current value of a 7. and the participants. These procedures should also transaction.

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The Commission is also unaware of specifically limited to certain persons contract market to discharge its any concerns that use of the SwapClear defined in the Act which are generally regulatory or self-regulatory duties, the operation will enable parties to institutional investors but may include Conference Report states that the manipulate prices more easily, and no ‘‘such other persons that the Commission ‘‘should consider the such concerns were raised by the Commission determines to be potential impact of the new product on commenters. Swap transactions appropriate in light of their financial or such regulatory concerns as market typically do not raise the same market other qualifications, or the applicability surveillance, financial integrity of manipulation concerns under the CEA of appropriate regulatory participants, protection of customers, as do certain exchange-traded contracts protections.’’ 191 The Conference Report and trade practice enforcement.’’196 because swap prices are not generally states that ‘‘[d]etermining whether However, the Conference Report also widely disseminated or used by persons particular categories of participants are states that ‘‘this provision [is not engaged in buying or selling the appropriate for particular instruments intended] to allow an exchange or any underlying commodities to determine will be part of the Commission’s other existing market to oppose the prices. Nevertheless, the order granted responsibility to determine that a exemption of a new product solely on herein will specifically reserve the proposed exemption is consistent with grounds that it may compete with or Commission’s authority under the Act the public interest.’’ 192 draw market share away from that to take action against market LCH will impose minimum financial existing market.’’ 197 manipulation.190 The Commission and operational admissions criteria As discussed above, the Commission believes it will be able to acquire intended to ensure that all SDs and has recognized that regulatory information needed to investigate any SCMs who participate in SwapClear protections related to price discovery, market manipulation complaints that will possess the financial sophistication financial integrity, and customer are within its jurisdiction involving and resources to understand and to protection may differ between OTC SwapClear transactions and participants withstand the risks of participation in swaps markets and exchange markets under the terms of the US/UK MOU and the swaps market. While LCH represents because the OTC swap transactions in the Side Letter between the CFTC and that every SD and SCM will qualify as most markets do not appear to perform the FSA. an ‘‘appropriate person,’’ as that term is the same price discovery function as Accordingly, the Commission defined by the CEA,193 LCH’s eligibility exchange-traded markets since the determines that the exemptive relief standards will in fact result in all prices of OTC instruments are subject to granted by this order is consistent with SwapClear participants exceeding that private, bilateral negotiation and the public interest and the purposes of standard because all SwapClear because OTC swap transactions are the Act. participants will qualify as ‘‘eligible generally conducted on a principal-to- principal basis between financially C. Appropriate Persons swap participants’’ as that term is 194 sophisticated counterparties. For The Commission must also determine defined in Commission regulations. The Commission believes that the example, in adopting its Part 35 swap that a transaction exempted under exemption, the Commission determined Section 4(c) of the Act will be entered ‘‘appropriate person’’ requirement of Section 4(c) is met by LCH’s admission that regulatory concerns regarding into only by ‘‘appropriate persons.’’ The financial integrity and customer term ‘‘appropriate person’’ is criteria. LCH will monitor compliance with its protection were addressed in large part participant qualifications on an ongoing by the requirement that exempt 190 Manipulative activity involving the trading of transactions be carried out by eligible basis. To ensure that participation is so OTC derivative instruments can have a detrimental swap participants.198 The Commission impact on commerce in the United States for at limited, the Commission’s order has included compliance with this least three basic reasons. First, like their exchange- explicitly limits the relief provided to requirement as a condition of the traded counterparts, OTC derivative contracts allow transactions in which both the original end users to hedge against adverse commodity price exemption provided by the order. At the counterparties and the clearing SCMs fluctuations, changing currency and interest rates, same time, LCH’s eligibility and other marketplace uncertainties. As a are ‘‘eligible swap participants’’ as consequence, OTC markets are playing an defined in Part 35 of the Commission’s 196 H.R. Rep. No. 978, supra n.24 at 79. increasingly important role in risk management. If 195 they are to continue to fulfill this vital function, regulations. 197 Id. OTC derivative instruments must not be subject to Thus, the Commission determines 198 58 FR 5587 at 5592. In this respect, the manipulation by unscrupulous traders. Second, the that the transactions granted relief Commission also noted that, in order to qualify for very nature of the participants in the OTC pursuant to this order will be entered the Part 35 swaps exemption, the creditworthiness derivatives markets—major investment banks, of the counterparty must be a material publicly held companies, pension and hedge funds, into solely by appropriate persons. consideration in entering into the exempt and government agencies—dictates that the impact D. Adverse Effects on Regulatory or Self- transaction. The Commission concluded that the of any distortion in the price of OTC derivative Part 35 criteria as a whole would preclude instruments could be widespread, harming many Regulatory Duties anonymous transactions and ensure that qualifying more persons than just the aggrieved party to the In determining that an exemption swap transactions would be limited to persons who contract. Given the enormous size of many are sophisticated or financially able to bear the risks derivative transactions in the OTC markets and the granted under Section 4(c) of the Act associated with those transactions. Id. While swaps high degree of leverage often involved in those will not have a material adverse effect clearing effectively eliminates counterparty transactions, price manipulation could result in on the ability of the Commission or any creditworthiness as a material consideration in significant individual counterparty failures and entering into a swap transaction, LCH’s admission even generate systemic risk. Finally, the interrelated criteria ensure that parties eligible to use SwapClear 191 7 U.S.C. 6(c)(3). nature of prices in many cash, futures, and OTC will be sophisticated and financially able to bear 192 derivative markets makes it likely that price H.R. Rep. No. 978, supra, n. 24 at 79. the risks of the underlying swap transaction, and movements in one market will have a 193 LCH Petition at 23. LCH’s risk management procedures and default corresponding effect on prices in related markets. 194 17 CFR 35.1. reserve ensure that LCH will be a highly As a consequence, if the value of an OTC derivative 195 Since the Part 35 swaps exemption was creditworthy central counterparty to the cleared instrument were, for example, based on the closing adopted pursuant to Section 4(c) of the Act, persons transactions. In addition, each SD in any LCH- price of futures traded on a Commission-designated who are ‘‘eligible swap participants’’ have already cleared transaction will know its counterparty and contract market, an unscrupulous trader could seek been determined by the Commission to be its SCM (and LCH will know both the SDs and to enhance the value of his or her OTC derivatives ‘‘appropriate persons’’ as defined in the CEA. See SCMs involved) so that transactions cleared through position by attempting to manipulate the price of 58 FR 5587 at 5589 (the Part 35 adopting release’s SwapClear will not be anonymous at the point the relevant futures contract. discussion of ‘‘eligible swap participants’’). where the parties enter into the transaction.

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This in and bear the risks associated with the approval to commence SwapClear stricture is intended to ensure that transactions in question. operations. participation is limited to the The types of swaps transactions that The Commission notes that the order ‘‘appropriate persons’’ pursuant to LCH proposes to clear are already being specifically enumerates several aspects Section 4(c) of the Act and, more executed in the OTC derivatives market. of SwapClear that it considers relevant particularly, to those persons possessing The approval of LCH’s Petition will to its decision to approve the LCH the financial sophistication, experience, potentially reduce certain risks now Petition, regarding SwapClear’s and resources sufficient for associated with OTC swaps transactions admissions criteria, product eligibility participation in the swaps market. and add to the soundness and requirements, margining system, and The Commission is further restricting transparency of the OTC swaps market. other risk management procedures; the its relief to non-fungible transactions the Moreover, it is widely acknowledged applicable regulatory regime; and the material economic terms of which have that the exchange-traded futures and reporting, recordkeeping, and been individually negotiated and which OTC swaps markets are linked, with information-sharing arrangements. have not been traded on or through a swaps market participants using certain These factors are illustrative of those multilateral transaction execution exchange-traded futures as hedging elements of a swaps clearing operation facility. Once SwapClear receives FSA’s vehicles. Developments that add to the that the Commission deems pertinent to regulatory approval, this order soundness of the swaps market will also a request for exemptive relief. The contemplates that parties will be potentially add to the financial security Commission will examine all future allowed to submit to SwapClear and soundness displayed by the petitions based on the circumstances previously transacted swap agreements exchange-traded futures markets. In presented. and still claim the relief granted herein addition, the Side Letter between the The Commission has limited the as long as such transactions met the FSA and the CFTC will enable the exemptive relief by imposing certain terms and conditions of Part 35 at the Commission to acquire information conditions. Section 4(c) of the Act time that they were first entered into. regarding LCH, SwapClear, SCMs, and expressly empowers the Commission to Finally, the order expressly SDs that may allow it to learn of and to issue exemptions subject to terms and conditions the exemptive relief respond to financial, operational, and conditions. The Commission has provided upon the requirement that other problems that may negatively included these restrictions to ensure LCH be an RCH with respect to affect United States contract markets that the participant base, products, and SwapClear at the time the swap and market participants on a more activities of SwapClear are not agreement for which exemptive relief is timely basis. Finally, no commenter expanded without Commission sought is submitted for clearing to LCH. indicated that any self-regulatory consideration of whether the exemption This condition is being imposed organization’s ability to fulfill its should be so extended. If any of the because the Commission has deferred, obligations would be adversely affected conditions set forth in the order is not in large part, to the FSA’s regulation of by Commission approval of SwapClear. satisfied when a transaction is LCH as an RCH. Thus, parties could not Accordingly, the Commission submitted for clearing through LCH claim the exemption for transactions determines that issuance of this order (e.g., LCH is no longer an RCH or the that were submitted for clearing at a will not have a material adverse affect swap agreement is not of the type set time when LCH did not have RCH on the ability of the Commission or any forth in the order), the transaction will status. Swap agreements submitted to contract market to discharge its fall outside the exemption. SwapClear prior to LCH’s loss of status regulatory or self-regulatory duties The exemptive relief is restricted to as an RCH would not be affected, under the Act. those FRAs and interest rate swap however, as long as all other conditions agreements described in the LCH set forth in this order were satisfied. VII. Explanation of the Order Petition that fall within the definition of The Commission recognizes that it The order grants an exemption from ‘‘swap agreements’’ as set forth in Rule may be appropriate to review, revise, or most provisions of the CEA and the 35.1(b)(1). The Commission intends that revoke the exemptive relief provided Commission’s regulations with respect the order will provide LCH with should circumstances or further to any swap agreement submitted for flexibility to expand its product experience with swaps clearing warrant, clearing through SwapClear and any eligibility criteria to include, for and it expressly reserves the power to person offering, entering into, or example, interest rate swaps using take such action. The Commission rendering advice or other services with currencies, floating rate indices, or reviewed LCH’s request for exemptive respect to such agreements, subject to maturity dates other than those that will relief in its totality with due regard for certain terms and conditions set forth be immediately available. However, the all representations made in support therein. The exemption extends to all Commission recognizes that thereof. Because a change in any one of provisions of the Act and Commission transactions other than FRAs and these representations, in whole or in regulations except for Sections interest rate swap agreements that part, may have led the Commission to 2(a)(1)(B), 4b and 4o of the Act, Rule qualify as ‘‘swap agreements’’ under the reach a different conclusion, the 32.9, and the provisions of Sections 6(c) Commission’s rules may raise additional Commission believes it must reserve the and 9(a)(2) of the Act to the extent that regulatory concerns. Accordingly, it is right to review, modify and/or revoke its these provisions prohibit manipulation declining to extend relief to instruments order if it discovers that a material fact of the market price of any commodity in other than those set forth in the order. or circumstance regarding LCH or interstate commerce or for future In addition, the exemptive relief SwapClear has been misrepresented, has delivery on or subject to the rules of any extends only to those agreements that been found to be untrue, or has ceased contract market. Exemptive relief would already be entitled to exemption to be true. As to the representations provided by the order will not become under Part 35 of the Commission’s outlined in the order, the Commission

VerDate 22-SEP-99 14:00 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\A01OC3.125 pfrm01 PsN: 01OCN1 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Notices 53361 believes that LCH possesses an The Commission notes that any was required to demonstrate to the affirmative obligation to notify the revision or revocation of its order will appropriate regulatory authorities in the Commission in the event it discovers apply prospectively only and will not United Kingdom that it had, among that such information is misleading or affect the legal certainty of any swap other things: untrue. The Commission believes that transaction entered into prior to the (a) Sufficient financial resources to the reservation of its right to modify or revision or revocation. carry out its business as a clearing revoke the order will provide an house; incentive to all parties who may submit IX. Conclusion (b) Adequate arrangements and petitions for exemptive relief to the As demonstrated above, the resources for the effective monitoring Commission to furnish complete and Commission believes that its order is and enforcement of compliance with its accurate information in support of their supported by the appropriate rules; respective requests. determinations made in accordance (c) An ability and willingness to share The activities of LCH and SwapClear with the standards set forth in Section information with its regulators; and are subject to a comprehensive 4(c) of the Act for granting exemptions (d) Default rules that enable action to regulatory regime in the United and that a centralized swap clearing be taken to close out a member’s Kingdom, including capital, reporting, operation such as SwapClear may position in relation to all unsettled and other regulatory requirements provide substantial benefits to the OTC contracts to which such member is a designed to ensure their financial and derivatives industry. party where a member appears unable to operational integrity and to ensure that meet its obligations to the clearing the FSA would receive timely notice of Order Granting Relief house. any financial or operational difficulties Order of the Commodity Futures Trading (2) As an RCH, LCH is subject to involving them. In the event that LCH Commission Pursuant to Section 4(c) of the direct regulatory oversight by the and/or SwapClear are not so regulated Commodity Exchange Act Exempting Certain Financial Services Authority (‘‘FSA’’) or in the event that the FSA or any other Swap Agreements to be Cleared Through the and is subject to reporting, relevant authority in the United London Clearing House Limited’s SwapClear recordkeeping, and other regulatory Kingdom no longer authorizes the Operation and Certain Persons Who Engage requirements. in Specified Activities With Respect to Such operation of SwapClear, the exemptive (3) Among other things, LCH is Transactions From Specified Provisions of required to provide the FSA with an relief requested may not be appropriate. the CEA. Accordingly, the order provides that the annual regulatory plan that includes a Commission may modify or revoke the By a petition dated June 15, 1998, the statement of objectives and targets. LCH order should either of those events London Clearing House Limited is also required to provide the FSA with occur. (‘‘LCH’’) requested that the Commodity information relating to its governance, The Commission believes that an Futures Trading Commission (‘‘CFTC’’ personnel, and business activities and adequate exchange of information or ‘‘Commission’’) grant an exemption changes in its rules. The information between it and the FSA concerning pursuant to Section 4(c) of the that LCH must provide to the FSA SwapClear and its operations is Commodity Exchange Act (‘‘CEA’’ or includes information relating to: important to the CFTC’s ability to fulfill ‘‘Act’’) to qualified persons using (a) Its annual audited reports and its domestic regulatory functions. SwapClear, LCH’s proposed service for accounts; Accordingly, the Commission is the centralized clearing of certain swap (b) Its quarterly and annual budgets; (c) The presentation of a petition for reserving the right to revise or revoke transactions (‘‘LCH Petition’’). The LCH winding up, the appointment of a the exemption should it be unable to Petition requested that the Commission receiver or liquidator, or the making of acquire the information it views as exempt such persons from all provisions of the CEA and the Commission’s a voluntary arrangement with creditors; necessary to enforce the order, to (d) The institution of any legal regulations except for Sections provide adequate protection to United proceedings against it; States contract markets or United States 2(a)(1)(B), 4b, and 4o of the Act, the (e) Changes in its constitution, fees market participants, or otherwise to provisions of Sections 6(c) and 9(a)(2) of and charges, key personnel, carry out its regulatory functions. the Act to the extent that such independent arbitrator, ombudsman, Finally, LCH has agreed to file a valid, provisions prohibit the manipulation of complaints investigator, auditors, and effective, and binding appointment of the market price of any commodity in persons to whom it provides clearing an agent in the United States for interstate commerce or for future services; purposes of accepting delivery and delivery on or subject to the rules of any (f) The presentation of a petition for service of communications issued by or contract market, and Rule 32.9. bankruptcy by any of its key personnel; on behalf of the CFTC, the United States LCH Representations (g) The dismissal of or any Department of Justice, any self- disciplinary actions taken against or regulatory organization, or any LCH has made a number of relating to any of its officers or SwapClear participant. Such representations in support of its employees; communications include any summons, Petition. The Commission has relied (h) Admissions or deletions from complaint, order, subpoena, request for upon these representations in its membership; information, or notice, as well as any evaluation of the LCH Petition and in its (i) Any disciplinary action taken other written document or decision to grant the exemptive relief against a member or an employee of a correspondence. As the Commission provided by this order. LCH’s member; believes that such an agency representations include, but are not (j) Persons appointed by another arrangement is essential to proper limited to, the following: regulatory body to investigate the affairs communications between LCH and (1) LCH is a recognized clearing house of a member or its clearing services; agencies of the United States or United (‘‘RCH’’) under the laws of the United (k) Evidence indicating any person States participants, it is specifically Kingdom and is authorized under has been carrying on unauthorized reserving the right to revise or to revoke United Kingdom law to clear over-the- investment business or has committed a the order should such an arrangement counter instruments. In order to obtain criminal offense under the Financial become ineffective or cease to exist. recognition as a clearing house, LCH Services Act (‘‘FSAct’’); and

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(l) The open positions, margin (ii) A ‘‘European investment firm,’’ as agreements to be cleared through liability, and cash and collateral that term is defined in the U.K. SwapClear and, as such, will be balances of a defaulting member’s Investment Services Regulations; responsible to the SCMs for the account. (c) Satisfy minimum financial performance of the obligations (4) The FSA will continually monitor requirements; thereunder. LCH’s compliance with its annual (d) Contribute to LCH’s Default Fund (19) LCH represents that United regulatory plan and other regulatory (‘‘DF’’); Kingdom law would permit LCH to requirements. (e) Submit regular financial reports to commingle segregated client funds (5) As an extension of LCH’s activities LCH; and relating to an SCM’s exchange-traded as an RCH, the SwapClear operation (f) Satisfy specified operational and business in the United Kingdom and will be subject to regulation and staffing standards. client funds relating to an SCM’s oversight by the FSA, and LCH will be (9) LCH will not permit end-users or SwapClear business. However, LCH required to provide the FSA with members of the general public who do represents further that it anticipates that certain information regarding its not satisfy LCH’s criteria for designation LCH clearing members who are also SwapClear operation. as an SD or SCM to participate in SCMs will carry their non-proprietary (6) Among other things, LCH will be SwapClear. futures positions and associated margin (10) LCH will monitor the compliance required to provide the FSA with funds in their ‘‘client’’ account at LCH, of SDs and SCMs with SwapClear’s information concerning: but likely will carry their non- admission standards on an ongoing (a) The range in mark-to-market proprietary SwapClear positions and basis. values of the swap agreements it clears; associated margin funds in their (b) Counterparty positions; (11) All SDs and SCMs will be bound (c) Counterparty margining levels; by LCH rules, regulations, and ‘‘house’’ account at LCH. Accordingly, (d) Changes in the credit standing of requirements (collectively, ‘‘LCH LCH believes that United States persons SwapClear Clearing Members (‘‘SCMs’’); Rules’’). who do not engage in SwapClear (e) LCH’s counterparty exposure; and (12) LCH will permit only forward transactions, but who clear their (f) The results of stress testing. rate agreements and interest rate swap exchange-traded futures through the (7) Only transactions entered into by agreements that satisfy the product ‘‘client’’ account of a member of LCH persons who have been approved by eligibility standards set forth in the LCH who is also an SCM are unlikely to be LCH as SwapClear Dealers (‘‘SDs’’) will Petition to be cleared by SwapClear. exposed to a greater likelihood of loss in be eligible for clearing through (13) Material economic terms of all the event of a default by a SwapClear SwapClear. To qualify for designation as transactions to be cleared by SwapClear participant than would exist prior to the an SD under LCH Rules, a person must: will be bilaterally negotiated between implementation of a SwapClear facility. (a) Be a financial institution that is SDs. (20) LCH will implement certain risk active in the wholesale market for the (14) LCH will not provide management mechanisms and type of forward rate agreements and counterparties with any form of procedures to control the risks arising interest rate swap agreements to be transaction execution facility. from its role as central counterparty to cleared by SwapClear; (15) LCH will register agreements for all agreements cleared through (b) At all times such person is clearing only after it has verified that: SwapClear. LCH’s risk management carrying on ‘‘investment business’’ in (a) Both counterparties satisfy LCH’s program will include: the UnitedKingdom, as that term participant eligibility criteria; (a) A requirement that the terms of a defined in the FSAct, be either: (b) That the agreement satisfies swap agreement be confirmed by the (i) An authorized or exempted person SwapClear’s product eligibility original counterparties before the under the FSAct or requirements; and agreement will be accepted for clearing (ii) A ‘‘European investment firm’’ as (c) The transactions will not exceed by SwapClear. that term is defined in the United the submitting SCM’s respective intra- (b) A requirement that SDs and SCMs Kingdom’s Investment Services day credit limit. submit certain information to LCH Regulations 1995 (‘‘U.K. Investment (16) LCH will register all agreements including information relating to: Services Regulations’’); to be cleared by SwapClear in the name (i) Their ongoing ability to satisfy (c) Be of investment grade caliber or of an SCM, and the SCM will be fully SwapClear’s participant eligibility be guaranteed by an investment grade liable for ensuring performance to LCH criteria; parent; and with respect to each swap agreement (ii) Their status as a licensee; (d) Satisfy certain operational registered in its name. An SD may clear (iii) Their authority to conduct standards. an agreement for itself if it has also investment business in the United (8) LCH will require that all received approval from the LCH to act Kingdom; agreements to be cleared through as an SCM. (iv) Their solvency; SwapClear be submitted through a (17) Where the SCM is not the same (v) Their dissolution; person that has been approved by LCH party as the SD, back-to-back (vi) Their conviction of a crime; as an SCM. Accordingly, an SD must transactions will also arise between the (vii) Disciplinary or enforcement have a clearing arrangement in place SD and the SCM. In these cases, upon judgment involving them; and with a SCM or be approved as an SCM registration of those agreements for (viii) Material changes to their itself before it will be permitted to clearing by LCH, the original bilateral business. participate in SwapClear. To qualify for forward rate agreements or interest rate (c) The establishment of intra-day designation as an SCM, a person must: swap agreements between the SDs will limits on credit exposure with respect to (a) Be an LCH shareholder; be replaced by four new transactions: each SCM. LCH will monitor its credit (b) At all times such person is one between each SD and its SCM, exposure to each SCM on an ongoing carrying on ‘‘investment business’’ in contracting as principals, and one basis and will be able to reject any the United Kingdom, as that term is between each SCM and LCH, transaction for registration or impose defined in the FSAct, be either: contracting as principals. liquidation orders with respect to (i) An authorized or exempt person (18) LCH will become the central transactions that exceed assigned credit under the FSAct or counterparty with respect to all swap limits.

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(d) The establishment of initial complaint, order, subpoena, request for with respect to the clearing services margin requirements to cover adverse information, notice or any other written offered by SwapClear. market movements and the cost of document or correspondence issued by This order, and the exemption liquidating positions in the event of a or on behalf of the CFTC, the United provided herein, shall not become default by an SCM. Subject to the States Department of Justice, any self- effective until the FSA and the approval of the FSA, the initial margin regulatory organization, or any Commission have executed the Bilateral requirements will be set using a SwapClear participant. LCH will scenario-based method analogous to provide immediate, written notice to the Side Letter to the Memorandum of London SPAN. LCH will accept margin Commission of any change concerning Understanding dated September 25, only in cash, bank guarantees, and the status of the party identified as the 1991 on the Mutual Assistance and specified government securities. LCH agent for the service of process or the Exchange of Information between the will retain the discretion to require a effectiveness of any agreement with SEC, the CFTC, the United Kingdom’s SwapClear participant to post initial such party. Department of Trade and Industry, HM Treasury, and the FSA (formerly the margin in excess of that calculated using Terms and Conditions its margin methodology. Securities and Investments Board), and (e) The calculation of mark-to-market Based upon the representations that the FSA has provided the Commission values for all cleared agreements on a have been made, the Commission has with written notification that it has daily basis and a requirement that SCMs determined that granting the Petition for reviewed the SwapClear operation and pay variation margin equivalent to any Exemption Pursuant to Section 4(c) of has approved the commencement of the change in the value of an SCM’s the Act dated June 15, 1998 submitted SwapClear operation. position from the previous day, each by LCH, subject to the terms and The Commission reserves the right to day, in cash. conditions below, would be consistent (f) The maintenance of financial with the standards set forth in Section review and, prospectively, to modify resources of sufficient size and liquidity 4(c) of the CEA. and/or to revoke this order and the to cover the cost of closing out or Accordingly, any swap agreement exemption contained therein, including transferring a defaulting member’s submitted for clearing to LCH through the conditions imposed upon the position where those costs exceed the its swap clearing facility known as exemptive relief, in certain initial margin collected by LCH from the SwapClear is exempt from all provisions circumstances, including, but not defaulting member, including cash, of the Act and any person or class of limited to, the following: lines of credit, a default fund to which person offering, entering into, rendering (1) The Commission discovers that a each SCM must contribute, and the advice or rendering other services, material representation made by LCH or maintenance of an insurance policy to including clearing services, with respect its counsel or representatives is cover any shortfall in the default fund. to such agreement, is exempt for such materially misleading, is untrue, or has activity from all provisions of the Act (g) The maintenance of rules which ceased to be true. permit LCH to declare an SCM in (except in each case, sections 2(a)(1)(B), default in appropriate circumstances 4b and 4o of the Act, and Rule 32.9 of (2) LCH ceases to satisfy the criteria and to take appropriate, clearly-defined the Commission’s regulations, and the for designation as an RCH under the action in the event of an SCM default. provisions of sections 6(c) and 9(a)(2) of applicable laws of the United Kingdom. (h) Daily stress testing of the initial the Act to the extent these provisions (3) The FSA or any relevant authority margin LCH holds from each member to prohibit manipulation of the market in the United Kingdom no longer ensure the adequacy of its daily funding price of any commodity in interstate authorizes the operation of SwapClear. level in the event of a member default commerce or for future delivery on or and daily review of the stress testing subject to the rules of any contract (4) LCH fails to maintain a valid, results. market), provided that each of the effective, and binding agreement (i) Internal and third party testing of following terms and conditions is met: appointing an agent in the United States the operational systems upon which (1) The transaction would constitute a for purposes of accepting delivery and LCH relies. ‘‘swap agreement,’’ as that term is service of communications, as defined (j) The maintenance of back-up and defined in Section 35.1(b)(1) of the above, issued by or on behalf of the business recovery facilities to ensure the Commission’s regulations, and the CFTC, the United States Department of reliability and security of SwapClear’s transaction is a forward rate agreement Justice, any self-regulatory organization, operations. or interest rate swap agreement as or any SwapClear participant. (21) LCH will forward a copy of the defined in the LCH Petition. (5) The Commission determines that it annual report that it is required to file (2) The transaction has been entered is unable to obtain sufficient with the FSA to the CFTC upon into solely between ‘‘eligible swap information including, but not limited submission of that document to the participants,’’ as that term is defined in to, information that the FSA and LCH FSA. Section 35.1(b)(2) of the Commission’s (22) LCH will provide a copy of the regulations, which have been approved have agreed to provide to the LCH Rules applicable to its SwapClear as SDs by LCH. Commission or to which the operation to the CFTC, prior to the onset (3) The transaction is not part of a Commission believes it is entitled to of SwapClear’s operations. fungible class of agreements that are receive under the terms of the US/UK (23) LCH will maintain a valid, standardized as to their material MOU, the Side Letter thereto or any effective, and binding agency agreement economic terms. other information-sharing arrangement. with a person located in the United (4) The transaction is not entered into (6) Any revocation of this order or the States whereby it authorizes that person and traded on or through a multilateral exemption provided herein by the to act as its agent for purposes of transaction execution facility. Commission would be prospective only accepting delivery and service of (5) At the time such agreement is and would not affect the status of any communications at all times during submitted to LCH for registration by transaction entered into in reliance on which this order is in effect. Such SwapClear, LCH is an RCH under the this order prior to the revocation. communications include any summons, applicable laws of the United Kingdom

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Issued in Washington, DC on March 23, PM; WestCoast International Inn, 3333 DEPARTMENT OF DEFENSE 1999, by the Commission. W. International Airport Rd., Jean A. Webb, Anchorage, Alaska; and (7) November 9, Department of the Air Force Secretary of the Commission. 6–9 PM; Days Inn, 2000 Jefferson Davis [FR Doc. 99–25605 Filed 9–30–99; 8:45 am] Highway, Arlington, Virginia. Active Duty Service Determinations for Civilian or Contractual Groups BILLING CODE 6351±01±P COMMENTS: Comments on the DEIS should be received by November 15, On August 27, 1999, the Secretary of 1999. Written comments and inquiries the Air Force, acting as Executive Agent DEPARTMENT OF DEFENSE of the DEIS should be directed to of the Secretary of Defense, determined SMDC–EN–V (Ms. Julia Hudson), U.S. that the service of the group known as Office of the Secretary Army Space and Missile Defense ‘‘The Operational Analysis Group of the Notice of Availability of the National Command, PO Box 1500, Huntsville, AL Office of Scientific Research and Missile Defense Deployment Draft 35807–3801, telephone (256) 955–4822. Development, Office of Emergency Environmental Impact Statement Public reading copies of the DEIS will Management, which served overseas be available for review at the public with the U.S. Army Air Corps from AGENCY: Ballistic Missile Defense libraries within the communities where December 7, 1941 through August 15, Organization. the public hearings will be held and at 1945’’ shall be considered ‘‘active duty’’ ACTION: Notice of Availability. the BMDO internet site at under the provisions of Public Law 95– www.acq.osd.mil/bmdo/bmdolink/ 202 for the purposes of all laws SUMMARY: The Ballistic Missile Defense html/nmd.html. administered by the Department of Organization (BMDO) announces the Veterans Affairs (VA). availability of the National Missile Dated: September 24, 1999. L.M. Bynum, To be eligible for VA benefits, Defense Deployment Draft members of the group must establish Environmental Impact Statement (DEIS). Alternate OSD Federal Register Liaison Officer, Department of Defense. each of the following: The DEIS assesses the potential impacts 1. He or she was employed as a [FR Doc. 99–25400 Filed 9–30–99; 8:45 am] associated with the possible deployment civilian employee of the Office of of the NMD system. The NMD system BILLING CODE 5001±10±M Scientific Research and Development would be a fixed, land-based, non- for a period of time during the period nuclear missile defense system with a DEPARTMENT OF DEFENSE December 7, 1941 to August 15, 1945; land and space-based detection system and capable of responding to limited Office of Secretary 2. He or she was assigned as a civilian strategic ballistic missile threats to the operations analyst or scientific United States from a rogue nation. Strategic Environmental Research and consultant to duty with an operations Potential deployment locations for the Development Program, Scientific analysis section or operational research NMD elements include sites in Alaska Advisory Board section at a headquarters of an Army Air and North Dakota. In addition, as the Force field force or command outside operational requirements are refined ACTION: Notice of revised meeting times. the continental limits of the United other regions may be identified. States; and In accordance with Section 10(a)(2) of PROPOSED ACTION AND ALTERNATIVES: 3. He or she served for a period of the Federal Advisory Committee Act The alternatives considered in the EIS time outside the continental limits of (Pub. L. 92–463), announcement is are the No-Action Alternative and the the United States as a civilian made of the following committee Proposed Action. A No-Action operations analyst or scientific meeting: Alternative would be a DoD consultant at that field force or recommendation not to deploy an NMD Date of Meeting: October 19, 1999 from command between December 7, 1941 system at the time a decision is made 0830 to 1710 and October 20, 1999 from 0800 and August 15, 1945; and but to continue NMD system to 1700. 4. He or she completed honorably the development to improve NMD system Place: Holiday Inn Arlington at Ballston, 4610 North Fairfax Drive, VA 22203. period for which the applicant capabilities. With the Proposed Action contracted with the Office of Scientific Alternative, a decision would be made Matters to be Considered: Research and Development proposals and continuing Research and Development and to deploy the NMD system and the NMD projects requesting Strategic Environmental completed honorably his or her element locations would be selected Research and Development Program funds in obligations to the Army Air Force unit from the range of locations studied in excess of $1M will be reviewed. to which he or she was assigned outside the EIS. This meeting is open to the public. Any the continental limits of the United PUBLIC HEARINGS: Public hearing interested person may attend, appear before, States. locations and dates are as follows: (1) or file statements with the Scientific Qualifying periods of time are October 26, 6–9 PM; Langdon Activity Advisory Board at the time and in the manner permitted by the Board. computed from the date of departure Center, 516 10th Avenue, Langdon, from the continental United States to FOR FURTHER INFORMATION CONTACT: Ms. North Dakota; (2) October 27, 6–9 PM; the date of return to the continental Amy Kelly, SERDP Program Office, 901 Civic Auditorium, 615 1st Avenue United States. North, Grand Forks, North Dakota; (3) North Stuart Street, Suite 303, November 1, 6–9 PM; Carlson Arlington, VA or by telephone at (703) Application Procedures Community Activity Center, 2010 2nd 696–2124. Before an individual can receive any Avenue, Fairbanks, Alaska; (4) Dated: September 27, 1999. VA benefits, the person must first apply November 2, 7–10 PM; Anderson L.M. Bynum, for an Armed Forces Discharge School, 116 West 1st Street, Anderson, Alternate OSD Federal Register Liaison Certificate (Department of Defense Form Alaska; (5) November 3, 6–9 PM; Delta Officer, DoD. 214) by filling out a Department of High School, School Road, Delta [FR Doc. 99–25549 Filed 9–30–99; 8:45 am] Defense (DD) Form 2168, Application Junction, Alaska; (6) November 4, 6–9 BILLING CODE 5001±10±M for Discharge of Member or Survivor of

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Member of Group Certified to Have 2168 are available from VA offices or Laboratory, Office of Research and Performed Active Duty With the Armed from the U.S. Air Force offices in this Technology Applications, ATTN: Forces of the United States, and sending notice. An electronic version is also AMSRL–CS–TT/Bldg. 433, Aberdeen it to the U.S. Air Force Personnel Center available in Adobe Acrobat (the reader Proving Ground, Maryland 21005–5425, at the following address: AFPC/DPPRP, is free) on the Internet at ‘‘DefenseLINK, Telephone: (410) 278–5028. 550 C Street West, Suite 11, Randolph publications.’’ AFB, TX 78150–4713. For further information contact Mr. SUPPLEMENTARY INFORMATION: None. Important: Applicants must attach James D. Johnston at the Secretary of the Gregory D. Showalter, supporting documents to their DD Form Air Force Personnel Council (SAFPC), Army Federal Register Liaison Officer. 2168 application. Of primary 1535 Command Drive, EE Wing, 3rd [FR Doc. 99–25530 Filed 9–30–99; 8:45 am] importance will be any employment Floor, Andrews AFB, MD 20762–7002. BILLING CODE 3710±08±M records from the Operational Analysis Group of the Office of Scientific Benefit Information Research and Development, Office of A determination of ‘‘active duty’’ DEPARTMENT OF DEFENSE Emergency Management. Other under Public Law 95–202 is ‘‘for the supporting documentation might purposes of all laws administered by the Department of the Army include copies of passports with Department of Veterans Affairs’’ (38 appropriate entries, military or civilian U.S.C. 106). Benefits are not retroactive Notice of Prospective Grant of orders posting the applicant to an and do not include such things as Exclusive Patent License overseas assignment, reports signed by increased military or Federal Civil or mentioning the work of the applicant Service retirement pay, or a military AGENCY: U.S. Army, DoD. at the Operational Analysis unit burial detail, for example. Entitlement overseas, Army Air Force (AAF) to state veterans benefits vary and are ACTION: Notice. Identification Forms 133, any personal governed by each state. Therefore, for employment records such as specific benefits information, contact SUMMARY: In accordance with the commendations regarding performance, your nearest Veterans Affairs Office and provisions of 35 U.S.C. 209(c)(1) and 37 employee expense reports of charges to your state veterans service office after CFR Part 404.7(a)(1)(i), SBCCOM hereby AAF contracts, medical certifications you have received your Armed Forces gives notice that it is contemplating the prior to departure from the U.S., AAF discharge documents. grant of an exclusive license in the passes to leave the limits of an overseas Janet A. Long, United States to practice the invention base, miscellaneous AAF papers, etc. Air Force Federal Register Liaison Officer. embodied in U.S. Patent Number Additionally, the overseas Operational [FR Doc. 99–25482 Filed 9–30–99; 8:45 am] 5,918,254 issued June 29, 1999, entitled, Analysis unit chief may provide written BILLING CODE 5001±05±U ‘‘Low Concentration Aerosol Generator’’ confirmation for the service of other to Dycor, U.S.A., Inc. having a place of members in his unit. business in Havre de Grace, Maryland. Applicants having difficulty DEPARTMENT OF DEFENSE establishing all of the eligibility criteria FOR FURTHER INFORMATION CONTACT: Mr. mentioned above, should recognize the Department of the Army Roy Albert, Technology Transfer Office, nature and character of documents U.S. Army SBCCOM, ATTN: SCBRD– addressing each criteria need not be the Notice of Intent To Grant an Exclusive ASC, 5183 Blackhawk Road (Bldg same. For example, an applicant may or Partially Exclusive License to E3330/245), APG, MD 21010–5423, establish employment with the BONTEX Phone: (410) 436–4438 or E-Mail: Operational Analysis Group of the [email protected]. Office of Scientific Research and AGENCY: U.S. Army, DoD. Development through official ACTION: Notice of intent. SUPPLEMENTARY INFORMATION: The employment records, but find that prospective exclusive license will be proving assignment to an Army Air SUMMARY: In compliance with 37 CFR royalty bearing and will comply with Force field force or command outside 404 et seq., the Department of the Army the terms and conditions of 35 U.S.C. the continental United States more hereby gives notice of its intent to grant 209 and 37 CFR 404.7. The prospective difficult. In such a case, an applicant to BONTEX, a corporation having its exclusive license may be granted, unless principle place of business at One may be able to prove assignment and within sixty days from the date of this BONTEX Drive, Buena Vista, VA service at that location through other publication Notice, SBCCOM receives evidence, such as, dated, postmarked (or 24416–0751, an exclusive or partially exclusive license relative to an ARL written evidence and argument to other sign of authenticity) establish that the grant of the license correspondence (official or personal) to patented elastomeric compound (Foreign patent#’s: European patents would not be consistent with the or from the applicant at that assignment requirements of 35 U.S.C. 209 and 37 outside the United States. EP326394A1 issued on 2 Aug, 1989; CFR 404.7. Upon confirmation of an applicant’s EP326394B1 issued on 5 May 1993; eligibility, the DD Form 214 will be German patent #P68906275, issued on U.S. Patent 5,918,254 relates to an passed from AFPC/DPPRP to the 5/5/93; Canada Patent #1308832 issued apparatus useful in generating and Awards and Decorations office to 13 Oct, 1992; Israel Patent #89074 counting aerosol particles. The determine which ribbons the applicant issued 16 Feb, 1993; Australian Patent apparatus is capable of generating and is eligible to receive (campaign ribbons, #8930655 issued 25 Aug, 1989. Anyone counting low concentrations of theater ribbons, victory medal, etc.). wishing to object to the granting of this individual aerosol particles. Specific awards (i.e., Silver Star, Purple license has 60 days from the date of this Gregory D. Showalter, Heart, etc.) need separate justification notice to file written objections along Army Federal Register Liaison Officer. detailing the act, achievement, or with supporting evidence, if any. [FR Doc. 99–25529 Filed 9–30–99; 8:45 am] service believed to warrant the FOR FURTHER INFORMATION CONTACT: appropriate medal/ribbon. DD Forms Michael D. Rausa, U.S. Army Research BILLING CODE 3710±08±M

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DEPARTMENT OF DEFENSE DEPARTMENT OF DEFENSE New Jersey Harbor Navigation Study. The purpose of the study is to establish Department of the Army Department of the Army and evaluate the range of navigation channel development alternatives and Availability of U.S. Patents for Non- Availability of U.S. Patents for Non- to identify the National Economic Exclusive, Exclusive, or Partially- Exclusive, Exclusive, or Partially- Development (NED) and recommend a Exclusive Licensing Exclusive Licensing plan. The Draft Environmental Impact AGENCY: U.S. Army, DoD. Statement (DEIS) was prepared to AGENCY: U.S. Army, DoD. ACTION: Notice. evaluate those alternatives identified in ACTION: Notice. the Feasibility Report. Additional SUMMARY: In accordance with 37 CFR information on the study is provided in 404.6, announcement is made of the the SUPPLEMENTARY INFORMATION section SUMMARY: In accordance with 37 CFR availability of the following U.S. patent as indicated below. 404.6, announcement is made of the for non-exclusive, partially exclusive or DATES: The DEIS will be available for availability of the following U.S. patent exclusive licensing. The listed patent public review on or about October 1, for non-exclusive, partially exclusive or has been assigned to the United States 1999. The review period of the exclusive licensing. The listed patent of America as represented by the document will be for forty five days has been assigned to the United States Secretary of the Army, Washington, D.C. from the publication date of the DEIS. of America as represented by the Social This patent covers a wide variety of To request a copy of the DEIS please call Security of the Army, Washington, DC. technical arts including: An Ulta-Wide (212) 264–5746. This patent covers a wide variety of Bandwidth Field Stacking Balun. FOR FURTHER INFORMATION CONTACT: For technical arts including: A new type of Under the authority of Section further information regarding the DEIS, fire extinguisher, a new type of shaped 11(a)(2) of the Federal Technology please contact Jenine Gallo, Project charge. Transfer Act of 1986 (Pub. L. 99–502) Biologist, telephone (212) 264–0912, and Section 207 of Title 35, United Under the authority of section 11(a)(2) Planning Division, ATTN: CENAN-PL- States Code, the Department of the EA, Corps of Engineers, New York of the Federal Technology Transfer Act Army as represented by the U.S. Army of 1986 (Public Law 99–502) and section District, 26 Federal Plaza, New York, Research Laboratory wish to license the New York, 10278–0090. 207 of Title 35, United States Code, the U.S. patent listed below in a non- Department of the Army as represented SUPPLEMENTARY INFORMATION: exclusive, exclusive or partially 1. A DEIS for the New York and New by the U.S. Army Research Laboratory exclusive manner to any party Jersey Harbor Navigation Study was wish to license the U.S. patent listed interested in manufacturing, using, and/ prepared and the study was authorized below in a non-exclusive, exclusive or or selling devices or processes covered by Section 435 of the Water Resources partially exclusive manner to any party by this patent. Development Act (WRDA) of 1996. The interested in manufacturing, using, and/ Title: Ulta-Wide Bandwidth Field section reads: The Secretary shall or selling devices or processes covered Stacking Balun. conduct a comprehensive study of Inventor: John W. McCorkle. by this patent. navigation needs at the Port of New Patent Number: 5,945,890. Title: Apparatus for Preparing and Issued Date: August 31, 1999. York-New Jersey (including the South Disseminating Novel Fire Extinguishing Brooklyn Marine and Red Hook FOR FURTHER INFORMATION CONTACT: Terminals, Staten Island, and adjacent Agents. Norma Cammaratta, Technology Inventors: Anthony E. Finnerty, areas) to address improvements, Transfer Office, AMSRL–CS–TT, U.S. including deepening of existing Warren W. Hillstorm and Lawrence J. Army Research, Laboratory, Adelphi, channels to depths of 50 ft or greater, Vande Kieft. MD 20783–1197 tel: (301) 394–2952; that are required to provide Patent Number: 5,934,380. fax: (301) 394–5818. economically efficient and SUPPLEMENTARY INFORMATION: Issued Date: August 10, 1999. None. environmentally sound navigation to Gregory D. Showalter, meet current and future requirements. Title: Method for Dispersing a Jet from Army Federal Register Liaison Officer. 2. The existing depths of the Harbor’s a Shaped Charge Liner Via Multiple [FR Doc. 99–25531 Filed 9–30–99; 8:45 am] navigation channels, anchorages, and Detonators. BILLING CODE 3710±08±M berthing areas are insufficient to allow Inventors: William Walters and the safe and timely passage of Richard Summers. economically efficiently loaded Patent Number: 5,939,663. DEPARTMENT OF DEFENSE containerships and liquid bulk vessels (tankers) willing to call on container Issued Date: August 17, 1999. Corps of Engineers; Department of the terminals and bulk cargo facilities in the FOR FURTHER INFORMATION CONTACT: Army region, and the oil refineries/terminals, located primarily on the Arthur Kill. Michael Rausa, Technology Transfer Availability of the Draft Environmental Office, AMSRL–CS–TT, U.S. Army The current mode of operation calls for Impact Statement for the New York and the tankers to lighter off in anchorages Research Laboratory, Aberdeen Proving New Jersey Harbor Navigation Study Ground, MD 21005–5055; tel: (410) 278– or at sea and, at reduced operating draft, 5028; fax: (410) 278–5820. AGENCY: U.S Army Corps of Engineers, and enter the channel during high tides. DoD. Containerships must be loaded to less SUPPLEMENTARY INFORMATION: None. ACTION: Notice of Availability. than their design capacity at their prior Gregory D. Showalter, ports of call and sail without a full load, Army Federal Register Liaison Officer. SUMMARY: The New York District of the or off-load at deeper-draft ports prior to [FR Doc. 99–25532 Filed 4–30–99; 8:45 am] U.S. Army Corps of Engineers has calling on the Harbor. The proposed prepared a Draft Environmental Impact project plans were analyzed in the BILLING CODE 3710±08±M Statement (DEIS) for the New York and Feasibility Report, which is included

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This region of common elements and is as follows: Environmental Policy Act (NEPA) of the Harbor includes the bi-state waters a. The Ambrose and Anchorage 1969 and is submitted in compliance of Raritan Bay, Lower New York Bay, channels combined form the main with NEPA and USACE regulations. The Upper New York Bay, Hudson River, entrance channels to the Port of New USACE is the Federal agency York and New Jersey. Extending from responsible for preparation of the DEIS Kill Van Kull, Arthur Kill, and smaller the Atlantic Ocean through the Lower because the project involves New Jersey tributaries such as the Bay; they are currently maintained at improvements and/or modifications to Passaic and Hackensack Rivers, which depths of 45-ft MLW. The District Federal navigation channels. The DEIS enter Newark Bay; the Raritan River, recommends deepening the Ambrose will be available for public review on or which enters Raritan Bay; and New channel to a depth of 53-ft MLW and the about October 1, 1999. The review York’s East River, which enters Upper Anchorage channel to a depth of 50-ft period will be for forty-five (45) days New York Bay at the southern end of MLW. from publication of this notice. The Manhattan. The estuary, which includes b. The Kill Van Kull and Newark Bay document may be obtained from the approximately 298 square miles of Channels are currently maintained at a Army Corps of Engineers, Planning surface water, has an average depth of depth of 40-ft MLW, and are under Division at the above address. 21 ft. construction to 45-ft MLW. The 6. The New York and New Jersey 9. Habitat types found in the Harbor evaluation of the navigation alternatives Harbor portion of the Hudson-Raritan include; tidal rivers, salt and freshwater assumes these channels will be at a Estuary is located at the apex of the New depth of 45-ft MLW. The District York Bight. It serves as the port for the tidal marshes, woodlands, shallow bays, recommends deepening the Kill Van greater metropolitan New York area, barrier beaches, and sand dunes. Water Kull and Newark Bay channels to a providing maritime access to shipping is the predominant habitat type. Salt depth of 52-ft MLW. via a network of channels and and freshwater tidal marshes cover c. The Port Jersey Channel extends anchorages that have historically been 180,000 acres in New Jersey and 25,000 from the Upper Bay’s Anchorage dredged and maintained throughout the acres in New York. The greatest Channel to the Global Marine Terminal harbor. The Harbor is shallow, with percentage of the Harbor’s marshes is and the Military Ocean Terminal in natural depths of less than 30 ft, and has located outside the proposed study area. Bayonne, New Jersey. Some of the Port dredged areas as deep as 45 ft. The shoal The New York and New Jersey Harbor Jersey Channel is currently at a depth of and channel areas provide diverse supports diverse and productive finfish, 38-ft MLW, although the present study habitats that are used by different crustacean, and shellfish populations, assumes that the channel will be species on a seasonal basis. The rivers with over 100 species of fish (many of dredged to its authorized depth of 41-ft and tidal straits that form part of the commercial and recreational MLW. The District recommends a depth Harbor offer habitat with higher tidal importance, commercially important of 52-ft MLW. currents. Taken together, the different crustaceans (including lobster and blue d. The Bay Ridge Channel, which habitat types provide a complex crab), and commercially important extends along the western shore of estuarine system that has been greatly shellfish populations (including the Brooklyn, allows ship access to the influenced by human activities. clam, Mercenaria mercenaria). Over the South Brooklyn Marine Terminal. This 7. The Harbor comprises four large last 100 years aquatic populations have channel is currently maintained at a embayments: Upper New York Bay, experienced dramatic declines due to depth of 40-ft MLW and the District Newark Bay, Lower New York Bay, and recommends deepening this channel to Raritan Bay. Upper New York Bay and overfishing, deteriorating water quality, a depth of 50-ft MLW. Lower New York Bay are separated by and loss of habitat. The leading e. The Arthur Kill Channel is a constriction: the Verrazano Narrows. commercial fisheries in the estuary are currently at a depth of 35-ft MLW, Newark Bay, the smallest of the four, is winter flounder, menhaden, bluefish, although the present study assumes that linked to the other embayments by weakfish, blue crab, and baitfish. Ocean the channel will be dredged to its narrow, natural channels. Newark Bay is quahogs (clams), sea scallops, and blue authorized depth of 41-ft MLW. The connected to Upper New York Bay by mussels are commercially valuable District recommends deepening this the Kill Van Kull, and to Raritan Bay/ shellfish. Channel to the Howland Hook Marine Lower New York Bay by the Arthur Kill. 10. The waterways are intensively Terminal to a depth of 52-ft MLW. The Harbor also contains a network of used navigation channels, and with the 3. Following excavation, with the public and private channels and berths, recent dredging and re-opening of the exception of the Ambrose Channel, all including those constructed and Howland Hook Marine Terminal and project channels will be maintained at maintained by agencies of Federal, state, deepening of the Kill Van Kull/Newark a depth of 50-ft MLW. The Ambrose and local governments and by private Bay Channels, there is no reason to Channel will be maintained at a depth companies. of 53-ft MLW. 8. The New York and New Jersey believe that the level of maritime 4. Potential impacts, including Harbor is an estuary, a semi-enclosed activity in the Harbor will decrease in indirect and cumulative impacts, were coastal body of water having a free the immediate future. evaluated in the DEIS for the proposed connection with the open sea. It is thus Joseph Vietri, action and the other action alternatives. strongly affected by tidal action, and Acting Chief, Planning Division. The analysis indicates that short-term within it seawater is mixed (and usually [FR Doc. 99–25533 Filed 9–30–99; 8:45 am] adverse environmental impacts, such as measurably diluted) with fresh water BILLING CODE 3710±06±P benthic habitat disruption, would be from land drainage. Estuaries are

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DEPARTMENT OF EDUCATION Title 5 U.S.C. 552b will be available to Northern paid to Burlington’s the public within fourteen days of the predecessor—Southland Royalty National Advisory Council on Indian meeting, and are available for public Company (Southland).1 Burlington Education, Meeting inspection at the Office of Elementary requests that the Commission find that and Secondary Education, U.S. it has no such refund liability to AGENCY: National Advisory Council on Department of Education, 400 Maryland Northern, due to a February 28, 1989 Indian Education, ED. Avenue, SW, Washington, DC 20202 Take-or-Pay Settlement Agreement ACTION: Notice of open meeting. from the hours of 8:30 a.m. to 5:00 p.m. (1989 Settlement) between Southland and Northern that settled certain claims SUMMARY: This notice sets forth the Judith Johnson, involving over 30 separate gas purchase schedule and proposed agenda of a Acting Assistant Secretary, Office of contracts, covering properties located in forthcoming meeting of the National Elementary and Secondary Education. three different states, including the State Advisory Council on Indian Education. The Westin Hotel of Kansas. Burlington’s petition is on The purposes of this meeting are to file with the Commission and is open to discuss the President Executive Order Oklahoma City, OK public inspection. 13096 on American Indian and Alaska 405–235–2780 In its September 10, 1997 order in Native Education, and to discuss the Monday, October 18, 1999 Docket No. RP97–369–000, et al.,2 the reauthorization of programs under the Commission required First Sellers to 1:00 p.m. Roll Call Elementary and Secondary Education refund the Kansas ad valorem tax Review Agenda and Purpose of Act of 1965 (ESEA), of which the Title reimbursements to the pipelines (with Meeting IX Indian Education Program is interest) for the period from 1983 to 1:30–2:00 Presidential Executive Order included. Notice of this meeting is 1988. In its January 28, 1998 Order 13096 on American Indian and required under Section 10(a)(2) of the Clarifying Procedures [82 FERC ¶61,059 Alaska Native Education Federal Advisory Committee Act and is (1998)], the Commission stated that Update on ESEA Reauthorization intended to notify the public of their producers (i.e., First Sellers) could file 2:00–4:00 Draft NACIE Charter and opportunity to attend. dispute resolution requests with the Work Plan DATES AND TIMES: October 18, 1999, 1:00 Commission, asking the Commission to Annual Report Review p.m.–5:00 p.m. and October 19, 1999, resolve disputes with the pipeline over OIE Staff Updates 9:00 a.m.–4:30 p.m. the amount of Kansas ad valorem tax 4:30–5:00 Summarize Discussion & Set refunds owed. PLACE: Westin Hotel, Oklahoma City, Agenda for Next Day OK, (405) 235–2780. In its petition, Burlington asserts that the 1989 Settlement between Southland FOR FURTHER INFORMATION CONTACT: Dr. Tuesday, October 19, 1999 and Northern explicitly resolved all David Beaulieu, Director, Office of 9:00 a.m. Call to Order disputes between the parties regarding Indian Education, 400 Maryland 9:15–10:30 Continue Business Meeting the affected contracts, and that the Avenue, SW, Washington, DC 20202. 10:30–12:00 Open Meeting On: parties mutually agreed to release and Telephone: (202) 260–3774; Fax: (202) Reauthorization of Indian Education discharge each other and their 260–7779. Programs Executive Order 13906 respective successors and assigns from 12:00–1:00 Lunch SUPPLEMENTARY INFORMATION: The any and all liabilities claims and causes National Advisory Committee on Indian 1:00–4:00 Open Meeting Continued 4:00–4:30 Summarize Meeting of action relating to those contracts, Education is a presidential appointed whether at law or in equity, and advisory council on Indian education Accomplishments 4:30 p.m. Adjourn NACIE Meetings whether known or unknown, for all established under Section 9151 of Title periods through January 31, 1989. IX of the Elementary and Secondary [FR Doc. 99–25643 Filed 9–30–99; 8:45 am] Burlington contends that, under the Education Act of 1965, as amended, (20 BILLING CODE 4000±02±M 1989 Settlement, all claims for U.S.C. 7871). The Council advises the additional monies associated with the Secretary of Education and the Congress subject contracts, for any time period on funding and administration of DEPARTMENT OF ENERGY prior to January 31, 1989, were intended programs with respect to which the by the parties to be resolved as of Secretary has jurisdiction and that Federal Energy Regulatory February 28, 1989. Thus, Burlington includes Indian children and adults as Commission contends that Northern, by contract, has participants from which they benefit. [Docket No. GP99±15±000] agreed to release Burlington from any The Council also makes responsibility regarding additional recommendations to the Secretary for Burlington Resources Oil & Gas monies owed with respect to the Kansas filling the position of Director of Indian Company; Notice of Petition for contracts, and that Northern is Education whenever a vacancy occurs. Dispute Resolution or, Alternatively, contractually bound to indemnify The meeting of the Council is open to for Staff Adjustment Relief From Burlington, as Southland’s successor, the public without advanced Refund Obligation with respect to any claims, including registration. Public attendance may be limited to the space available. Members September 27, 1999. 1 Burlington’s May 12, 1998 dispute resolution of the public may make statements Take notice that, on May 12, 1998, request was originally filed in Docket No. SA99–1– during the meeting, to the extent time Burlington Resources Oil & Gas 000, Burlington’s petition for staff adjustment with respect to Panhandle Eastern Pipe Line Company’s permits, and file written statements Company (Burlington) requested that Kansas ad valorem tax reimbursement refund claim. with the Council for its consideration. the Commission resolve Burlington’s Burlington’s May 12 request is now being docketed Written statements should be submitted dispute with Northern Natural Gas separately as a petition for dispute resolution, to the address listed above. Company (Northern) over the Kansas ad under Docket No. GP99–15–000, because it pertains to a different Kansas ad valorem tax reimbursement A summary of the proceedings and valorem tax reimbursement refunds that refund claim, levied by a different pipeline. related matters which are informative to Northern claims Burlington owes as a 2 See: 80 FERC ¶ 61,264 (1997); rehearing denied, the public consistent with the policy of result of tax reimbursements that 82 FERC ¶ 61,058 (1998).

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Northern’s Kansas ad valorem tax ANR Pipeline Company,3 there is no 888 First Street, NE, Washington, DC reimbursement refund claim. justification for not holding a pipeline 20426, a motion to intervene or protest Burlington adds, however, that it is to its contractual agreements to release in accordance with the requirements of not claiming that the tax reimbursement and indemnify gas sellers from the the Commisison’s Rules of Practice and refunds should not be made to the obligation to refund tax Procedure (18 CFR 385.214 or 385.211). ultimate consumers, only that reimbursements. All protests filed with the Commission Southland entered into an arms-length In the event that the Commisison will be considered by it in determining contractual agreement with Northern, finds that Northern’s indemnification of the appropriate action to be taken, but and that Northern, by agreeing to release Southland is not applicable to the actual will not serve to make the protestants Southland from any and all future Kansas ad valorem tax reimbursement parties to the proceedings. Any person liability with regard to the Kansas refund amounts (i.e., the principal wishing to become a party to the contracts, assumed the obligation to portion of Northern’s refund claim), proceeding, or to participate as a party make such payments on behalf of Burlington contends that the in any hearing therein, must file a Southland, as consideration for value Commisison should nevertheless find, motion to intervene in accordance with received from Southland pursuant to the at a minimum, that Northern has the Commission’s Rules. 1989 Settlement, including the mutual indemnified Burlington from paying the David P. Boergers, release and indemnification, and the interest on the principal. In the event Secretary. that the Commisison finds that Northern termination of Northern’s take-or-pay [FR Doc. 99–25586 Filed 9–30–99; 8:45 am] obligations under numerous contracts. has not assumed Burlington’s refund Burlington also contends that, to the liability, as a result of entering into the BILLING CODE 6717±01±M extent its predecessor (Southland) 1989 Settlement, Burlington requests received any value in excess of the relief from having to pay both the DEPARTMENT OF ENERGY applicable maximum lawful price for principal and interest to Northern, the gas Northern purchased under the pursuant to section 502(c) of the NGPA, Federal Energy Regulatory Kansas contract, Southland has already based on Burlington’s contention that it Commission reimbursed Northern for that value would be inequitable to absolve through the consideration provided to Northern of its contractual commitment [Project No. 2566±010] Northern pursuant to the release of to release Burlington from all liabilities Northern from its take-or-pay liability associated with the Kansas contracts. In Consumers Energy Company; Notice under the numerous contracts covered this regard, Burlington claims that the Establishing Procedures for by the 1989 Settlement. release Northern obtained was for value Relicensing and a Deadline for Burlington also asserts that the in exchange for its indemnification, and Submission of Final Amendments Natural Gas Policy Act of 1978 (NGPA) that it would be inequitable to allow does not prohibit a pipeline from Northern to now be relieved of its quid September 27, 1999. contractually assuming a producer’s pro quo under the 1989 Settlement, The license for the Webber refund liability under the NGPA. solely because the indemnification Hydroelectric Project No. 2566, located Burlington contends that, since the obligation would require Northern to on the Grand River near the City of Commission has found that the assume Burlington’s liability for Kansas Portland, in Ionia County, Michigan, consumers are bound by their ad valorem tax reimbursement refunds. will expired on March 31, 2001. On contractual agreements that Any person desiring to comment on March 30, 1999, an application for new relinquished their rights to Kansas ad or make any protest with respect to the major license was filed. The following is valorem tax reimbursement refund from above-referenced petition should, on or an approximate schedule and El Paso Natural Gas Company, Natural before October 18, 1999, file with the procedures that will be followed in Gas Pipeline Company of America, and Federal Energy Regulatory Commission, processing the application:

Date Action

August 16, 1999 ...... Commission issues notice of the accepted application establishing October 15, 1999, for filing motions to intervene and protests. November 26, 1999 ...... Commission's deadline for applicant to file a final amendment, if any, to its application. February 29, 2000 ...... Commission notifies all parties and agencies that the application is ready for environmental analysis.

Upon receipt of all additional Any questions concerning this notice DEPARTMENT OF ENERGY information and the information filed in should be directed to Tom Dean at (202) response to the public notice of the 219–2778. Federal Energy Regulatory acceptance of the application, the David P. Boergers, Commission Commission will evaluate the Secretary. [Docket No. RP99±510±000] application in accordance with [FR Doc. 99–25588 Filed 9–30–99; 8:45 am] applicable statutory requirements and BILLING CODE 6717±01±M Koch Gateway Pipeline Company; take appropriate action on the Notice of Proposed Changes to FERC application. Gas Tariff

September 27, 1999. Take notice that on September 22, 1999, Koch Gateway Pipeline Company

85 FERC ¶ 61,004 (1998); and ANR Pipeline Co., 85 3 El Paso Natural Gas Co. 85 FERC ¶ 61,003 FERC ¶ 61,005 (1998). (1998); Natural Gas Pipeline Company of America,

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(Koch) tendered for filing as part of its DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY FERC Gas Tariff, Fifth Revised Volume No. 1, First Revised Sheet No. 1415, and Federal Energy Regulatory Federal Energy Regulatory Original Sheet No. 1416, to become Commission Commission effective October 22, 1999. The proposed tariff sheets were filed [Docket No. TM00±1±31±000] [Docket No. ER96±2495±012, et al.] to make revisions to Koch’s tariff with Reliant Energy Gas Transmission AEP Power Marketing, Inc., et al.; respect to the generic types of rate Company; Notice of Proposed Electric Rate and Corporate Regulation discounts that may be granted. Changes in FERC Gas Tariff Filings Specifically, the proposed tariff revisions include a new Section 7.7(a) of September 27, 1999. September 24, 1999. the General Terms and Conditions that Take notice that the following filings Take notice that on September 22, specifies the types of transportation have been made with the Commission: discounts that will not constitute 1999, Reliant Energy Gas Transmission 1. AEP Power Marketing, Inc. material deviations to Koch’s proforma Company (REGT) tendered for filing as transportation agreements. The part of its FERC Gas Tariff, Fourth [Docket No. ER96–2495–012] Revised Volume No. 1, the following proposed tariff provision will be Take notice that on September 21, revised tariff sheets to be effective applicable only to Koch’s FT, IT and 1999, AEP Power Marketing, Inc. (AEP November 1, 1999: NNS rate schedules. Marketing), tendered for filing with the In accordance with Section 154.208 of First Revised Sheet No. 5 Federal Energy Regulatory Commission the Commission’s Regulations, copies of First Revised Sheet No. 6 an updated market analysis and a Second Revised Sheet No. 7 this filing have been served upon Koch’s request to remove a self-imposed limitation that it not sell power at customers, state commissions and other REGT states that the purpose of this interested parties. In addition, copies of market-based rates to entities that are filing is to adjust REGT’s fuel directly connected with any of the AEP the instant filing are available during percentages and Electric Power Costs Operating Companies or are separated regular business hours for public Tracker pursuant to Sections 27 and 28 from any of the AEP Operating inspection in Koch’s offices in Houston, of its General Terms and Conditions. Companies by one intervening system. Texas. Any person desiring to be heard or to Comment date: October 8, 1999, in Any person desiring to be heard or to protest said filing should file a motion accordance with Standard Paragraph E protest said filing should file a motion to intervene or a protest with the at the end of this notice. to intervene or a protest with the Federal Energy Regulatory Commission, 2. Sunbury Generation, LLC Federal Energy Regulatory Commission, 888 First Street, N.E., Washington, D.C. 888 First Street, N.E., Washington, D.C. 20426, in accordance with Section [Docket No. ER99–3420–001] 20426, in accordance with Sections 385.214 or 385.211 of the Commission’s Take notice that on September 21, 385.214 or 385.211 of the Commission’s Rules and Regulations. All such motions 1999, Sunbury Generation, LLC Rules and Regulations. All such motions or protests must be filed in accordance (Sunbury Generation), tendered for or protests must be filed in accordance with Section 154.210 of the filing its compliance filing in the above- with Section 154.210 of the Commission’s Regulations. Protests will captioned proceeding. Commission’s Regulations. Protests will be considered by the Commission in Comment date: October 8, 1999, in be considered by the Commission in determining the appropriate action to be accordance with Standard Paragraph E determining the appropriate action to be taken, but will not serve to make at the end of this notice. taken, but will not serve to make protestants parties to the proceedings. 3. EML Power, L.L.C. protestants parties to the proceedings. Any person wishing to become a party Any person wishing to become a party must file a motion to intervene. Copies [Docket No. ER99–4262–000] must file a motion to intervene. Copies of this filing are on file with the Take notice on September 22, 1999, of this filing are on file with the Commission and are available for public EML Power, L.L.C. (EML Power), Commission and are available for public inspection in the Public Reference tendered for filing a letter with the inspection in the Public Reference Room. This filing may be reviewed on Federal Energy Regulatory Commission Room. This filing may be viewed on the the web at http://www.ferc.fed.us/ (Commission) in the above-captioned web at http://www.ferc.fed.us/online/ online/rims.htm (call 202–208–2222 for docket to amend the August 27, 1999 rims.htm (call 202–208–2222 for assistance). filing therein by withdrawing Appendix assistance). David P. Boergers, A, containing EML Power, L.L.C., FERC Electric Rate Schedule No. 1, to such David P. Boergers, Secretary. Secretary. filing and requesting that the [FR Doc. 99–25592 Filed 9–30–99; 8:45 am] Commission accept a revised EML [FR Doc. 99–25591 Filed 9–30–99; 8:45 am] BILLING CODE 6717±01±M Power, L.L.C. FERC Electric Rate BILLING CODE 6717±01±M Schedule No. 1, which omits references to an agreement between EML Power and Florida Power Corporation. EML Power has sought a shortened notice period and expedited approval for its filing. Comment date: October 4, 1999, in accordance with Standard Paragraph E at the end of this notice.

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4. PacifiCorp GPU Energy requests a waiver of the A copy of the filing was served upon [Docket No. ER99–4390–000] Commission’s notice requirements for Western Area Power Administration. good cause shown and an effective date Comment date: October 13, 1999, in Take notice that on September 21, of September 16, 1999, for the Service accordance with Standard Paragraph E 1999, PacifiCorp tendered for filing its Agreement. at the end of this notice. request for a withdrawal of its filing GPU Energy has served copies of the 10. Alliant Energy Corporate Services, letter in FERC Docket No. ER99–4390– filing on regulatory agencies in New Inc. 000 and a termination of any further Jersey and Pennsylvania. Commission action therein. Comment date: October 8, 1999, in [Docket No. ER99–4513–000] Copies of this filing were supplied to accordance with Standard Paragraph E Take notice that on September 23, the Washington Utilities and at the end of this notice. 1999, Alliant Energy Corporate Services, Transportation Commission and the 7. Entergy Services, Inc. Inc., on behalf of IES Utilities Inc. (IES), Public Utility Commission of Oregon. Interstate Power Company (IPC) and Comment date: October 8, 1999, in [Docket No. ER99–4495–000] Wisconsin Power and Light Company accordance with Standard Paragraph E Take notice that on September 21, (WPL), tendered for filing with the at the end of this notice. 1999, Entergy Services, Inc. (Entergy Commission an amendment to Schedule 5. Pacific Gas and Electric Company Services), on behalf of Entergy 4 of its Open Access Transmission Tariff Arkansas, Inc., Entergy Gulf States, Inc., to facilitate the retail access program [Docket No. ER99–4484–000] Entergy Louisiana, Inc., Entergy initiated by the Illinois deregulation Take notice that on September 21, Mississippi, Inc., and Entergy New legislation. 1999, Pacific Gas and Electric Company Orleans, Inc. (collectively, the Entergy A copy of this filing has been served (PG&E), tendered for filing a proposed Operating Companies), tendered for upon the Illinois Commerce Amended Imbalance Energy Agreement filing a Short-Term Market Rate Sales Commission, the Minnesota Public between the Sacramento Municipal Agreement between Entergy Services, as Utilities Commission, the Iowa Utility District (SMUD) and PG&E agent for the Entergy Operating Department of Commerce, the Public (Amended Agreement). The Amended Companies, and Allegheny Power Service Commission of Wisconsin, its Agreement will replace the Interim Service Corporation as agent for transmission customers and all parties Short Term Coordination Agreement, Monongahela Power Company, The in Illinois Commerce Commission dated July 28, 1998 (Agreement). The Potomac Edison Company and West Docket Nos. 99–0124, 99–0125, 99–0132 Agreement and its appendices were Penn Power Company, collectively d/b/ and 99–0133. originally accepted for filing by the a Allegheny Power, for the sale of power Comment date: October 13, 1999, in Commission in FERC Docket No. ER98– under Entergy Services’ Rate Schedule accordance with Standard Paragraph E 4067–000 and designated as PG&E Rate SP. at the end of this notice. Schedule FERC No. 201. Comment date: October 8, 1999, in 11. Open Access Same-Time PG&E has requested certain waivers. accordance with Standard Paragraph E Information System (OASIS) and Copies of this filing were served upon at the end of this notice. Sacramento Municipal Utility District, Standards of Conduct the California Independent System 8. Arizona Public Service Company [Docket No. RM95–9–003] Operator and the California Public [Docket No. ER99–4511–000] Take notice that on August 31, 1999, Utilities Commission. Take notice that on September 23, the How Working Group (How Group), Comment date: October 8, 1999, in 1999, Arizona Public Service Company tendered for filing a report on the accordance with Standard Paragraph E (APS), tendered for filing Service OASIS Phase IA Audit Reporting at the end of this notice. Agreement to provide Long-Term Firm Experiment. The filing of the report was 6. Jersey Central Power & Light Point-to-Point Transmission Service to directed by the Commission in its Order Company, Metropolitan Edison PacifiCorp under APS’ Open Access on Transition From OASIS Phase I to Company, Pennsylvania Electric Transmission Tariff. OASIS Phase IA and Authorizing Company A copy of this filing has been served Proposed Phase IA Audit Reporting PacifiCorp, Oregon Public Utility Experiment, issued February 10, 1999, [Docket No. ER99–4493–000] Commission, and the Arizona in the above-docketed proceeding. The Take notice that on September 21, Corporation Commission. How Group requests that waiver of 1999, Jersey Central Power & Light Comment date: October 13, 1999, in compliance with the original OASIS Company, Metropolitan Edison accordance with Standard Paragraph E Phase IA auditlog templates be extended Company and Pennsylvania Electric at the end of this notice. until the How Group submits and the Company (d/b/a GPU Energy), tendered 9. The Montana Power Company Commission approves a revised for filing an executed Service Standards & Communications Protocols Agreement between GPU Energy and [Docket No. ER99–4512–000] Document incorporating the New York State Electric & Gas Take notice that on September 23, experimental audit reporting facilities. Corporation (NYSEG), dated September 1999, The Montana Power Company Comment date: October 22, 1999, in 16, 1999. This Service Agreement (Montana), tendered for filing with the accordance with Standard Paragraph E specifies that NYSEG has agreed to the Federal Energy Regulatory Commission at the end of this notice. rates, terms and conditions of GPU pursuant to 18 CFR 35.13 executed Firm Energy’s Market-Based Sales Tariff and Non-Firm Point-To-Point Standard Paragraphs (Sales Tariff) designated as FERC Transmission Service Agreements with E. Any person desiring to be heard or Electric Rate Schedule, Second Revised Western Area Power Administration to protest such filing should file a Volume No. 5. The Sales Tariff allows under Montana’s FERC Electric Tariff, motion to intervene or protest with the GPU Energy and NYSEG to enter into Fourth Revised Volume No. 5 (Open Federal Energy Regulatory Commission, separately scheduled transactions under Access Transmission Tariff), replacing 888 First Street, NE, Washington, DC which GPU Energy will make available previously filed unexecuted service 20426, in accordance with Rules 211 for sale, surplus capacity and/or energy. agreements. and 214 of the Commission’s Rules of

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Practice and Procedure (18 CFR 385.211 2. Troy Energy LLC determination of exempt wholesale and 385.214). All such motions or [Docket No. EG99–237–000] generator status pursuant to Part 365 of protests should be filed on or before the the Commission’s regulations. Take notice that on September 22, comment date. Protests will be Pleasants is owned by Dominion 1999, Troy Energy LLC (Troy) filed with considered by the Commission in Pleasants, Inc, a Delaware corporation, the Federal Energy Regulatory determining the appropriate action to be and CNG Power Services Corporation, Commission an application for taken, but will not serve to make also a Delaware corporation. Dominion determination of exempt wholesale protestants parties to the proceeding. Pleasants, Inc. is a wholly owned generator status pursuant to Part 365 of Any person wishing to become a party subsidiary of Dominion Energy, Inc. the Commission’s regulations. must file a motion to intervene. Copies Troy is owned by Dominion Troy, Inc, which in turn is a wholly owned of these filings are on file with the a Delaware corporation, and CNG Power subsidiary of Dominion Resources, Inc. Commission and are available for public Services Corporation, also a Delaware CNG Power Services Corporation is a inspection. This filing may also be corporation. Dominion Troy, Inc. is a wholly owned subsidiary of viewed on the Internet at http:// wholly owned subsidiary of Dominion Consolidated Natural Gas Company, a www.ferc.fed.us/ online/rims.htm (call Energy, Inc. which in turn is a wholly Delaware corporation. Pleasants will be 202–208–2222 for assistance). owned subsidiary of Dominion engaged directly and exclusively in the David P. Boergers, Resources, Inc. CNG Power Services business of developing eligible facilities Secretary. Corporation is a wholly owned that it will own and/or operate and from [FR Doc. 99–25503 Filed 9–30–99; 8:45 am] subsidiary of Consolidated Natural Gas which it will sell electric energy at wholesale. BILLING CODE 6717±01±P Company, a Delaware corporation. Troy will be engaged directly and exclusively Comment date: October 18, 1999, in in the business of developing eligible accordance with Standard Paragraph E DEPARTMENT OF ENERGY facilities that it will own and/or operate at the end of this notice. The and from which it will sell electric Commission will limit its consideration Federal Energy Regulatory energy at wholesale. of comments to those that concern the Commission Comment date: October 18, 1999, in adequacy or accuracy of the application. [Docket No. EG99±236±000, et al.] accordance with Standard Paragraph E 5. PP&L Great Works, LLC at the end of this notice. The Armstrong Energy LLC, et al.; Electric Commission will limit its consideration [Docket No. EG99–240–000] Rate and Corporate Regulation Filings of comments to those that concern the Take notice that on September 23, adequacy or accuracy of the application. 1999, PP&L Great Works, LLC (Great September 27, 1999. Works), with its principal place of Take notice that the following filings 3. Jefferson Energy LLC business at 11350 Random Hills Road, have been made with the Commission: [Docket No. EG99–238–000] Suite 400, Fairfax, VA 22030, filed with the Federal Energy Regulatory 1. Armstrong Energy LLC Take notice that on September 22, 1999, Jefferson Energy LLC (Jefferson) Commission an application for [Docket No. EG99–236–000] filed with the Federal Energy Regulatory determination of exempt wholesale Take notice that on September 22, Commission an application for generator status pursuant to Part 365 of 1999, Armstrong Energy LLC determination of exempt wholesale the Commission’s regulations and (Armstrong) filed with the Federal generator status pursuant to Part 365 of Section 32 of the Public Utility Holding Energy Regulatory Commission an the Commission’s regulations. Company Act of 1935 as amended. Great application for determination of exempt Jefferson is owned by Dominion Works is a wholly-owned indirect wholesale generator status pursuant to Jefferson, Inc, a Delaware corporation, subsidiary of PP&L Resources, Inc. Great Part 365 of the Commission’s and CNG Power Services Corporation, Works will own and operate a regulations. also a Delaware corporation. Dominion hydroelectric generating facility located Armstrong is owned by Dominion Jefferson, Inc. is a wholly owned on the Penobscot River in Old Town, Armstrong, Inc, a Delaware corporation, subsidiary of Dominion Energy, Inc. Maine and will sell electricity and CNG Power Services Corporation, which in turn is a wholly owned exclusively at wholesale. also a Delaware corporation. Dominion subsidiary of Dominion Resources, Inc. Comment date: October 18, 1999, in Armstrong, Inc. is a wholly owned CNG Power Services Corporation is a accordance with Standard Paragraph E subsidiary of Dominion Energy, Inc. wholly owned subsidiary of at the end of this notice. The which in turn is a wholly owned Consolidated Natural Gas Company, a Commission will limit its consideration subsidiary of Dominion Resources, Inc. Delaware corporation. Jefferson will be of comments to those that concern the CNG Power Services Corporation is a engaged directly and exclusively in the adequacy or accuracy of the application. wholly owned subsidiary of business of developing eligible facilities 6. UGI Development Company Consolidated Natural Gas Company, a that it will own and/or operate and from Delaware corporation. Armstrong will which it will sell electric energy at [Docket No. EG99–241–000] be engaged directly and exclusively in wholesale. Take notice that on September 23, the business of developing eligible Comment date: October 18, 1999, in 1999, UGI Development Company filed facilities that it will own and/or operate accordance with Standard E at the end with the Federal Energy Regulatory and from which it will sell electric of this notice. Commission an application for energy at wholesale. determination of exempt wholesale 4. Pleasant Energy LLC Comment date: October 18, 1999, in generator status pursuant to Part 365 of accordance with Standard Paragraph E [Docket No EG99–239–000] the Commission’s regulations. at the end of this notice. The Take notice that on September 22, UGI Development Company is a Commission will limit its consideration 1999, Pleasants Energy LLC (Pleasants) wholly owned subsidiary of UGI of comments to those that concern the filed with the Federal Energy Regulatory Utilities, Inc. formed under the laws of adequacy or accuracy of the application. Commission an application for the State of Pennsylvania for the

VerDate 22-SEP-99 18:45 Sep 30, 1999 Jkt 183247 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\01OCN1.XXX pfrm08 PsN: 01OCN1 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Notices 53373 primary purpose of owning and NUSCO requests that the Service 13. New Century Services, Inc. operating the Hunlock Power Station, a Agreement become effective October 1, [Docket No. ER99–4501–000] coal-fire electric generation facility with 1999. Take notice that on September 22, a continuous net capacity of 43 MW Comment date: October 12, 1999, in located at Hunlock Creek, Pennsylvania 1999, New Century Services, Inc., on accordance with Standard Paragraph E behalf of Public Service Company of and owning a 1.11% interest in the at the end of this notice. Conemaugh Power Station, a coal-fired Colorado (PSCo), filed the Power Sale electric generation facility consisting of 10. Northeast Utilities Service Company Agreement between UtiliCorp United Inc., d.b.a. WestPlains Energy— two 850 MW units located near Indiana, [Docket No. ER99–4498–000] Pennsylvania. Colorado Division (UtiliCorp) and PSCo Take notice that on September 22, (Agreement). The Agreement provides Comment date: October 18, 1999, in 1999, Northeast Utilities Service accordance with Standard Paragraph E for the sale of capacity and energy by Company (NUSCO), on tendered for PSCo to UtiliCorp at negotiated rates, at the end of this notice. The filing, a Service Agreement to provide Commission will limit its consideration terms, and conditions for the period Firm Point-To-Point Transmission of comments to those that concern the January 1, 2002 through December 31, Service to North Carolina Electric adequacy or accuracy of the application. 2006. Membership Corporation under the NU Comment date: October 12, 1999, in 7. Shamrock Trading, LLC System Companies’ Open Access accordance with Standard Paragraph E [Docket No. ER98–3526–004] Transmission Service Tariff No. 9. at the end of the notice. NUSCO states that a copy of this filing Take notice that on September 24, 14. Central Power and Light Company 1999, the above-mentioned power has been mailed to North Carolina marketer filed a quarterly report with Electric Membership Corporation. [Docket No. ER99–4502–000] the Commission in the above-mentioned NUSCO requests that the Service Take notice that on September 22, proceeding for information only. Agreement become effective October 1, 1999, Central Power and Light Company 1999. (CPL) submitted for filing an 8. MidAmerican Energy Company Comment date: October 12, 1999, in Interconnection Agreement, dated [Docket No. ER99–4496–000] accordance with Standard Paragraph E September 2, 1998, between CPL and Take notice that on September 22, at the end of this notice: South Texas Electric Cooperative, Inc. (STEC) and an interconnection 1999, MidAmerican Energy Company 11. PP&L, Inc. (MidAmerican), 666 Grand Avenue, agreement, dated December 11, 1980 Suite 800, Des Moines, Iowa 50303 [Docket No. ER99–4499–000] between CPL and STEC. The September tendered for filing a rate schedule Take notice that on September 22, 2, 1998 Interconnection Agreement change consisting of the Second 1999, PP&L, Inc. (PP&L) filed a Service supersedes a number of present Amendment dated August 27, 1999 to Agreement dated August 6, 1999 with interconnections and interchange the Electric Interconnection Agreement OGE Energy Resources (OGE) under agreements between CPL, STEC and, in dated November 1, 1991 and entered PP&L’s Market-Based Rate and Resale of some instances, Medina Electric into by a predecessor of MidAmerican Transmission Rights Tariff, FERC Cooperative, Inc. (Medina), including with Northwest Iowa Power Cooperative Electric Tariff, Revised Volume No. 5. the December 11, 1980 interconnection (NIPCO). The Service Agreement adds OGE as an agreement. MidAmerican states that the Second eligible customer under the Tariff. CPL seeks an effective date of Amendment provides for an additional PP&L requests an effective date of September 2, 1998 for the September 2, point of interconnection at the September 22, 1999 for the Service 1998 Interconnection Agreement and of MidAmerican Hospers Substation. Agreement. December 11, 1980 for the December 11, MidAmerican proposes that the Second PP&L states that copies of this filing 1980 interconnection agreement, and, Amendment become effective on the have been supplied to OGE and to the accordingly, seeks waiver of the sixtieth day after the date of filing. Pennsylvania Public Utility Commission’s notice requirements. CPL served copies of the filing on Copies of the filing were served on Commission. representatives of NIPCO, the Iowa STEC, Medina and the Public Utility Comment date: October 12, 1999, in Utilities Board, the Illinois Commerce Commission of Texas. accordance with Standard Paragraph E Commission and the South Dakota Comment date: October 12, 1999, in at the end of this notice. Public utilities Commission. accordance with Standard Paragraph E Comment date: October 12, 1999, in 12. Niagara Mohawk at the end of this notice. accordance with Standard Paragraph E [Docket No. ER99–4500–000] 15. Boston Edison Company at the end of this notice. Take notice that on September 22, [Docket No. ER99–4518–000] 9. Northeast Utilities Service Company 1999, Niagara Mohawk filed a Notice of Take notice that on September 22, [Docket No. ER99–4497–000] Cancellation of its Form Transmission 1999, Boston Edison Company filed its Take notice that on September 22, Service Agreement, designated at FERC quarterly transaction report. 1999, Northeast Utilities Service Rate Schedule No. 199, effective Comment date: October 12, 1999, in Company (NUSCO) tendered for filing, November 1, 1989, and any accordance with Standard Paragraph E Service Agreement to provide Non-Firm supplements thereto with Cornwall at the end of this notice. Street Railway Light and Power Point-To-Point Transmission Service to 16. Alcoa Power Generating Inc., et al. North Carolina Electric Membership Company Limited, operating as Corporation under the NU System Cornwall Electric (CE). [Docket No. OA99–3–000] Companies’ Open Access Transmission The cancellation is effective March 5, Take notice that on September 13, Service Tariff No. 9. 1999. 1999, Alcoa Power Generating Inc., on NUSCO states that a copy of this filing Comment date: October 12, 1999, in behalf of its power subsidiaries, Tapoco, has been mailed to North Carolina accordance with Standard Paragraph E Inc., Yadkin, Inc., Aloca Generating Electric Membership Corporation. at the end of this notice. Corporation, Long Sault, Inc., and

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Colockum Transmission Company, Inc. penstock intake structures by two feet appurtenant facilities in Kaufman, filed standards of conduct under Order and would also increase the operating Dallas, and Tarrant Counties, Texas Nos. 889 et seq.1 water level on the project canal by six because continued operation and Comment date: October 12, 1999, in inches. The Ravenscroft Ranch Project is maintenance of the pipeline system is accordance with Standard Paragraph E located on the Malad River, in Gooding neither economically feasible nor at the end of this notice. County, Idaho. desirable due to the age of the pipeline Standard Paragraphs The Office of Hydropower Licensing and U.S. Department of Transportation has prepared a final Environmental class locations changes resulting from E. Any person desiring to be heard or Assessment (FEA) finding that approval adjacent development. Koch seeks to protest such filing should file a of the proposed amendment would not authority to: motion to intervene or protest with the constitute a major federal action • abandon in place about 72.4 miles Federal Energy Regulatory Commission, significantly affecting the quality of the of 10-, 16-, 18-, and 20-inch-diameter 888 First Street, NE., Washington, DC human environment. Index 1 pipeline in Kaufman, Dallas, 20426, in accordance with Rules 211 Copies of the FEA can be viewed at and Tarrant Counties, Texas; and 214 of the Commission’s Rules of the Commission’s Public Reference • Practice and Procedure (18 CFR 385.211 abandon in place the following Room, Room 2A, 888 First Street, N.E., lateral pipelines totaling about 29.2 and 385.214). All such motions or Washington, DC 20426, or by calling protests should be filed on or before the miles in Dallas and Tarrant Counties, (202) 208–1371. The FAA also may be Texas: comment date. Protests will be viewed on the Web at www.ferc.fed.us/ • 7.3 miles of 12-inch-diameter Index considered by the Commission in online/rims.htm. Call (202) 208–2222 determining the appropriate action to be 1–31 pipeline; for assistance. For further information, • taken, but will not serve to make please contact Sean Murphy at (202) 0.9 miles of 18-inch-diameter Index protestants parties to the proceeding. 219–2974. 1–32 pipeline; Any person wishing to become a party • David P. Boergers, 5.6 miles of 20-inch-diameter Index must file a motion to intervene. Copies 1–37 pipeline; Secretary. of these filings are on file with the • 10.6 miles of 16-inch-diameter [FR Doc. 99–25589 Filed 9–30–99; 8:45 am] Commission and are available for public Index 4 pipeline; BILLING CODE 6717±01±M inspection. This filing may also be • 4.7 miles of 20-inch-diameter Index viewed on the Internet at http:// 6 pipeline; and www.ferc.fed.us/online/rims.htm (call • 0.1 miles of 4-inch-diameter Index 202–208–2222 for assistance). DEPARTMENT OF ENERGY 808 pipeline. David P. Boergers, Federal Energy Regulatory • Replace and run pigs at 39 Secretary. Commission launching and receiving facilities on the [FR Doc. 99–25584 Filed 9–30–99; 8:45 am] [Docket No. CP99±284±000] pipelines proposed for abandonment; BILLING CODE 6717±01±M and Koch Gateway Pipeline Company; • abandon by removal appurtenant Notice of Intent To Prepare an DEPARTMENT OF ENERGY facilities consisting of 6 meter stations, Environmental Assessment for the 39 blow-off assemblies, 12 by-pass Federal Energy Regulatory Proposed Index 1 Pipeline and Laterals valves, 15 block valves, 8 tap valves, 40 Commission Abandonment Project and Request for segments of pipeline of various Comments on Environmental Issues diameters totaling about 429 feet, about [Project No. 4055±024 Idaho] 1,690 feet of pipeline of various September 27, 1999. diameters at four waterbody crossings, Vernon Ravenscroft; Notice of The staff of the Federal Energy Availability of Final Environmental 63 farm taps, 5 industrial taps, and Regulatory Commission (FERC or certain other minor facilities. Assessment Commission) will prepare an The location of the project facilities is environmental assessment (EA) that will September 27, 1999. shown in appendix 1.2 In accordance with the National discuss the environmental impacts of Environmental Policy Act of 1969 and the Index 1 Pipeline and Laterals Land Requirements for Construction Abandonment Project by Koch Gateway the Federal Energy Regulatory Installation and operation of the pig Pipeline Company (Koch) in Kaufman, Commission’s (Commission’s) launching and receiving facilities, the Dallas and Tarrant Counties, Texas.1 regulations, the Office of Hydropower cutting and capping of the pipelines The project would involve Licensing has reviewed the application proposed for abandonment in place, and abandonment of about 101.6 miles of requesting the Commission’s abandonment by removal of the various diameter pipeline and authorization to amend the Ravenscroft appurtenant facilities would require the appurtenances. This EA will be used by Ranch Project’s exemption. The digging of about 48 bell-holes of various the Commission in its decision-making amendment would increase the crest sizes, that would disturb a total of about process to determine whether the elevation of the canal spillway by six 0.32 acre on existing Koch right-of-way. project is in the public convenience and inches and the height of the operating Upon the grant of abandonment, all necessity. project related rights-of-way would 1 Open Access Same-Time Information System Summary of the Proposed Project revert to the landowners. (Formerly Real-Time Information network) and Standards of Conduct, 61 FR 21737 (May 10, 1996), Koch Gateway pipeline Company FERC Stats. & Regs., Regulations Preambles January (Koch) wants to abandon in place its 2 The appendices referenced in this notice are not 1991–1996 ¶ 31,035 (April 24, 1996); Order No. being printed in the Federal Register. Copies are 889–A, order on rehearing, 62 FR 12484 (March 14, Index 1 Pipeline System and available from the Commission’s Public Reference 1997), III FERC Stats. & Regs. ¶ 31,049 (March 4, and Files Maintenance Branch, 888 First Street, 1997); Order No. 889–B, rehearing denied, 62 FR 1 Koch’s application was filed with the N.E., Washington, DC, 20426, or call (202) 208– 64715 (December 9, 1997), III FERC Stats. & Regs. Commission under Section 7 of the Natural Gas Act 1371. Copies of the appendices were sent to all ¶ 31,253 (November 25, 1997). and Part 157 of the Commission’s regulations. those receiving this notice in the mail.

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The EA Process on a preliminary review of the proposed Rule 214 of the Commission’s Rules of The National Environmental Policy facilities and the environmental Practice and Procedure (18 CFR Act (NEPA) requires the Commission to information provided by Koch. 385.214) (see appendix 3). Only take into account the environmental Additional issues may arise based on intervenors have the right to seek impacts that could result from an action your comments and our analysis. rehearing of the Commission’s decision. • If the Commission grants Koch its whenever it considers the issuance of a The date for filing timely motions to request for abandonment authority, the Certificate of Public Convenience and intervene in this proceeding has passed. leases upon which the rights-of-way are Necessity. NEPA also requires us to Therefore, parties now seeking to file located would revert to the landowners. discover and address concerns the late interventions must show good Therefore, we will also evaluate public may have about proposals. We cause, as required by section whether or not Koch should abandon its call this ‘‘scoping’’. The main goal of the 385.214(b)(3), why this time limitation facilities in-place or by removal. scoping process is to focus the analysis should be waived. Environmental issues have been viewed as good cause for late in the EA on the important Public Participation environmental issues. By this Notice of intervention. You can make a difference by You do not need intervenor status to Intent, the Commission requests the providing us with your specific have your environmental comments public comments on the scope of the comments or concerns about the project. considered. Additional information issue sit will address in the EA. All By becoming a commentor, your about the proposed project is available comments received are considered concerns will be addressed in the EA from Mr. Paul McKee of the during the preparation of the EA. State and considered by the Commission. You Commission’s Office of External Affairs and local government representatives should focus on the potential at (202) 208–1088 or on the FERC are encouraged to notify their environmental effects of the proposal, website (www.ferc.fed.us) using the constituents of this proposed action and alternatives to the proposal and ‘‘RIMS’’ link to information in this encourage them to comment on their measures to avoid or lessen docket number. Click on the ‘‘RIMS’’ areas of concern. environmental impact. The more link, select ‘‘Docket #’’ from the RIMS The EA will discuss impacts that specific your comments, the more useful Menu, and follow the instructions. For could occur as a result of the they will be. Please carefully follow assistance with access to RIMS, the construction and operation of the these instructions to ensure that your RIMS helpline can be reached at (202) proposed project under these general comments are received in time and 208–2222. headings: properly recorded: Similarly, the ‘‘CIPS’’ link on the • Soils. • Send Two copies of your letter to: FERC Internet website provides access • Water resources, fisheries, and David P. Boergers, Secretary, Federal to the texts of formal documents issued wetlands. Energy Regulatory Commission, 888 by the Commission, such as orders, • Vegetation and wildlife. First St., N.E., Room 1A, Washington, notices, and rulemakings. From the • Hazardous waste. • DC 20426; FERC Internet website, click on the Land use. • Label one copy of the comments for # • ‘‘CIPS’’ link, select ‘‘Docket ’’ from the Endangered and threatened species. the attention of the Environmental • CIPS menu, and follow the instructions. Cultural resources. Review and Compliance Branch, PR– • For assistance with access to CIPS, the Public safety. 11.1; We will also evaluate possible • CIPS helpline can be reached at (202) Reference Docket No. CP98–284– 208–2474. alternatives to the proposed project or 000; and portions of the project, and make • Mail your comments so that they David P. Boergers, recommendations on how to lessen or will be received in Washington, DC on Secretary. avoid impacts on the various resource or before October 27, 1999. [FR Doc. 99–25585 Filed 9–30–99; 8:45 am] areas. If you do not want to send comments BILLING CODE 6717±01±M Our independent analysis of the at this time but still want to remain on issues will be in the EA. Depending on our mailing list, please return the the comments received during the Information Request (appendix 3). If you DEPARTMENT OF ENERGY scoping process, the EA may be do not return the Information Request, Federal Energy Regulatory published and mailed to Federal, state, you will be taken off the mailing list. and local agencies, public interest Commission Becoming an Intervenor groups, interested individuals, affected Notice of Applications for Transfer of In addition to involvement in the EA landowners, newspapers, libraries, and License and Soliciting Comments, scoping process, you may want to the Commission’s official service list for Motions To Intervene, and Protests this proceeding. A comment period will become an official party to the be allotted for review if the EA is proceeding known as an ‘‘intervenor’’. September 27, 1999. published. We will consider all Intervenors play a more formal role in Take notice that the following comments on the EA before we make the process. Among other things, hydroelectric applications have been our recommendations to the intervenors have the right to receive filed with the Commission and are Commission. copies of case-related Commission available for public inspection: To ensure your comments are documents and filings by other a. Applications Type: Transfer of considered, please carefully follow the intervenors. Likewise, each intervenor License. instructions in the public participation must provide 14 copies of its filings to b. Project Nos.: 1889–034, 2485–012, section below. the Secretary of the Commission and 2576–023, 2597–018, and 2662–004. must send a copy of its filings to all c. Dated Filed: August 31, 1999. Currently Identified Environmental other parties on the Commission’s d. Applicants: The Connecticut Light Issue service list for this proceeding. If you and Power Company (CL&P)—transferor We have already identified an issue want to become an intervenor you must for projects nos. 2576–023, 2597–018, that we think deserves attention based file a motion to intervene according to 2662–004, and co-transferor for project

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Names of Projects: Turner Falls 1986–1900 ¶ 30,854 at p. 31,438 n. 318 comments within the time specified for (1889–034), Northfield (2485–012), (May 17, 1989) (Order No. 513), the filing comments, it will be presumed to Housatonic (2576–023), Falls Village Commission declined to forbid all have no comments. One copy of an (2597–018), and Scotland (2662–004). license transfers during the last five agency’s comments must also be sent to f. Locations: Turner Falls—on the years of an existing license, and instead the Applicant’s representatives. Connecticut River, in Franklin County, indicated that it would scrutinize all David P. Boergers, Massachusetts and Windham County such transfer requests to determine if Secretary. Vermont; Northfield—on the the transfer’s primary purpose was to [FR Doc. 99–25587 Filed 9–30–99; 8:45 am] Connecticut River, in Franklin County, give the transferee an advantage in Massachusetts; Housatonic—on the relicensing. BILLING CODE 6717±01±M Housatonic River in Fairfield, New l. Locations of the application: A copy Haven, and Litchfield Counties, of the application is available for DEPARTMENT OF ENERGY Connecticut; Falls Village—on the inspection and reproduction at the Housatonic River in Litchfeild County, Commission’s Public Reference Room, Federal Energy Regulatory Connecticut; and, Scotland—on the located at 888 First Street, NE, Room Commission Shetucket River in Windham County, 2A, Washington, D.C. 20426, or by Connecticut. The projects do not utilize calling (202) 208–1371. This filing may Notice of Application Tendered for federal or tribal lands. be viewed on http://www.ferc.fed.us/ Filing With the Commission and g. Filed pursuant to: 18 CFR 4.200. online/rims.htm (call (202) 208–2222 for Soliciting Additional Study Requests h. Applicants Contacts: For assistance). A copy is also available for transferors and co-transferors—Ms. inspection and reproduction at each September 27, 1999. Donna M. Gilbane and Ms. Cynthia address in item h above. Take notice that the following Brodhead, Senior Counsel, Northeast m. Individuals desiring to be included hydroelectric application has been filed Utilities Service Company, P.O. Box on the Commission’s mailing list should with the Commission and available for 270, Hartford, CT 06141, tel. (860) 665– so indicate by writing to the Secretary public inspection: 5000, e-mail addresses: of the Commission. a. Type of Application: Original [email protected]@nu.com. For Comments, Protests, or Motions to Minor License. transferee—Mr. Philip M. Small, Intervene—Anyone may submit b. Project No.: 11685–001. Assistant General Counsel, Northeast comments, a protest, or a motion to c. Dated filed: September 10, 1999. Utilities Service Company, P.O. Box intervene in accordance with the d. Applicant: The Stockport Mill 270, Hartford, CT 06141, tel. (860) 665– requirements of Rules of Practice and Country Inn. 5000, e-mail address: [email protected] Procedure, 18 CFR 385.210, .211, .214. e. Name of Project: Stockport Mill and Mr. James B. Vasile, Steptoe & In determining the appropriate action to Country Inn Water Power Project. Johnson LLP, 1330 Connecticut Avenue, take, the Commission will consider all f. Location: On the Muskingum River, NW, Washington, DC 20036, e-mail protests or other comments filed, but near the town of Stockport, in Morgan address: [email protected]. only those who file a motion to County, Ohio. The project would not i. FERC Contact: Any questions on intervene in accordance with the utilize federal lands. this notice should be addressed to Tom Commission’s Rules may become a g. Filed Pursuant to: Federal Power Papsidero at (202) 219–2715, e-mail party to the proceeding. Any comments, Act, 16 U.S.C. §§ 791(a)–825(r). address: [email protected]. protests, or motions to intervene must h. Applicant Contact: David Brown j. Deadline for filing comments and/ be received on or before the specified Kinloch, Soft Energy Associates, 414 or motions: October 12, 1999. comment date for the particular South Wensel Street, Louisville, KY All documents (original and eight application. 40204, (502) 589–0975. copies) should be filed with: David P. Filing and Service of Responsive i. FERC Contact: Tom Dean, Boergers, Secretary, Federal Energy Documents—Any filings must bear in [email protected], (202) 219– Regulatory Commission, 888 First all capital letters the title 2778. Street, N.E., Washington, DC 20426. ‘‘COMMENTS’’, j. Deadline for filing additional study Please include the project numbers ‘‘RECOMMENDATIONS FOR TERMS request: November 9, 1999. (1889–034, 2485–012, 2576–023, 2597– AND CONDITIONS’’, ‘‘PROTEST’’, or All documents (original and eight 018, and/or 2662–004) on any ‘‘MOTION TO INTERVENE’’, as copies) should be filed with: David P. comments or motions filed. applicable, and the Project Number of Boergers, Secretary, Federal Energy k. Description of Transfer: CL&P and the particular application to which the Regulatory Commisison, 888 First WMECO request to transfer the licenses filing refers. Any of the above-named Street, NE, Washington, DC 20426. related to the sale of generating assets to documents must be filed by providing The Commission’s Rules of Practice NCG as a result of corporate the original and the number of copies and Procedure require all intervenors restructuring and divestiture of assets in provided by the Commission’s filing documents with the Commission accordance with the retail restructuring regulations to: The Secretary, Federal to serve a copy of that document on order of the Massachusetts Department Energy Regulatory Commission, 888 each person whose name appears on the of Telecommunications and Energy. First Street, N.E., Washington, D.C. official service list for the project. The transfer application was filed 20426. A copy of any motion to Further, if an intervenor files comments within five years of the expiration of the intervene must also be served upon each or documents with the Commission licenses for Project Nos. 2576 and 2597, representative of the Applicant relating to the merits of an issue that which are subject to a pending specified in the particular application. may affect the responsibilities of a

VerDate 22-SEP-99 18:00 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\01OCN1.XXX pfrm01 PsN: 01OCN1 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Notices 53377 particular resource agency, they must ENVIRONMENTAL PROTECTION Prevention and Toxics, Environmental also serve a copy of the document on AGENCY Protection Agency, 401 M St., SW., Washington, DC 20460, telephone that resource agency. [OPPTS±00279; FRL±6383±3] k. Status of environmental analysis: number: 202–260–3543; fax number: This application is not ready for Voluntary Cover Sheet for TSCA 202–260–2347; e-mail address: [email protected]. environmental analysis at this time. Submissions; Request for Comment on Renewal of Information Collection SUPPLEMENTARY INFORMATION: l. Description of the Project: The Activities proposed project would consist the I. Does this Action Apply to Me? following facilities: (1) the exiting 20- AGENCY: Environmental Protection You may be potentially affected by foot-high, 482-foot-long Muskingum Agency (EPA). this action if you manufacture, process, Lock and Dam No. 6; (2) an existing 476- ACTION: Notice. use, import or distribute in commerce acre reservoir with a normal pool chemical substances that are subject to SUMMARY: In compliance with the elevation of 640.1 feet msl; (3) an exiting reporting requirements under sections 4, Paperwork Reduction Act (44 U.S.C. 20 foot by 24 foot forebay with a 19-foot- 8(d) or 8(e) of the Toxic Substances 3501 et seq.), this notice announces that wide vertical trashrack; (4) an existing Control Act (TSCA). Potentially affected EPA is planning to submit the following powerhouse in the basement of the mill categories and entities may include, but existing Information Collection Request containing two proposed generating are not limited to: units with a total installed capacity of (ICR) to the Office of Management and 235 kW; and (5) other appurtenances. Budget (OMB). Before submitting the ICR to OMB for review and approval, Type of business SIC codes The lock and dam is owned by the Ohio EPA is soliciting comments on specific Department of Natural Resources, aspects of the information collection. Industrial organic 2819 Division of Parks and Recreation. The ICR is a renewal ICR entitled chemicals m. Locations of the application: A Adhesives and 2891 ‘‘Voluntary Cover Sheet for TSCA sealants copy of the application is available for Submissions,’’ EPA ICR No. 1780.02, Paints and allied 2851 inspection and reproduction at the OMB No. 2070–0156. The use of this products Commisison’s Public Reference Room, ICR will enable the Agency more easily Textile goods 2299 located 888 First Street, NE, Room 2A, to collect, process, store, retrieve and Petroleum prod- 5172 Washington, DC 20246, or by calling disseminate information on health and ucts (202) 208–1371. The application may be environmental risks associated with viewed on the web at http:// toxic chemicals. An Agency may not This table is not intended to be www.ferc.fed.us/online/rims.htm (call conduct or sponsor, and a person is not exhaustive, but rather provides a guide (202) 208–2222 for assistance). A copy required to respond to, a collection of for readers regarding entities likely to be is also available for inspection and information unless it displays a affected by this action. Other types of reproduction at the address in item h currently valid OMB control number. entities not listed in this table could above. The OMB control numbers for EPA’s also be affected. The Standard Industrial regulations are listed in 40 CFR part 9. Classification (SIC) codes are provided n. With this notice, we are initiating DATES: Written comments, identified by to assist you and others in determining consultation with the State Historic the docket control number OPPTS– whether or not this action might apply Preservation Officer as required by 00279 and administrative record to certain entities. If you have any § 106, National Historic Preservation number 219 must be received on or questions regarding the applicability of Act, and the regulations of the Advisory before November 30, 1999. this action to a particular entity, consult Council on Historic Preservation, 36 ADDRESSES: Comments may be the technical person listed in the ‘‘FOR CFR 800.4. submitted by mail, electronically, or in FURTHER INFORMATION CONTACT.’’ o. Under Section 4.32(b)(7) of the person. Please follow the detailed II. How Can I Get Additional Commission’s regulations (18 CFR instructions for each method as Information, Including Copies of this 4.32(b)(7)), if any resource agency, provided in Unit III. of the Document and Other Related Indian Tribe, or person believes that the ‘‘SUPPLEMENTARY INFORMATION.’’ Documents? applicant should conduct an additional To ensure proper receipt by EPA, it is A. Electronically scientific study to form an adequate imperative that you identify docket factual basis for a complete analysis of control number OPPTS–00279 and You may obtain electronic copies of the application on its merits, they must administrative record number 219 in the this document, and certain other related file a request for the study with the subject line on the first page of your documents that might be available Commisison, not later than 60 days after response. electronically, from the EPA Internet the date application is filed, and must FOR FURTHER INFORMATION CONTACT: For Home Page at http://www.epa.gov/. On serve a copy of the request on the general information contact: Christine the Home Page select ‘‘Laws and applicant. M. Augustyniak, Associate Director, Regulations’’ and then look up the entry Environmental Assistance Division for this document under the ‘‘Federal David P. Boergers, (7408), Office of Pollution Prevention Register-Environmental Documents.’’ Secretary. and Toxics, Environmental Protection You can also go directly to the Federal [FR Doc. 99–25590 Filed 9–30–99; 8:45 am] Agency, 401 M St., SW., Washington, Register listings at http://www.epa.gov/ BILLING CODE 6717±01±M DC 20460; telephone number: (202) fedrgstr/. 554–1404; TDD: (202) 554–0551; e-mail B. Fax-on-Demand address: [email protected]. For technical information contact: Using a faxphone call (202) 401–0527 John Myers, Information Management and select item 4072 for a copy of the Division (7407), Office of Pollution ICR.

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C. In Person and data will also be accepted on D. What Information is EPA Particularly The Agency has established an official standard disks in WordPerfect 5.1/6.1 or Interested in? record for this action under docket ASCII file format. All comments in Pursuant to section 3506(c)(2)(A) of control number OPPTS–00279. The electronic form must be identified by Paperwork Reduction Act (PRA), EPA official record consists of the documents docket control number OPPTS–00279 specifically solicits comments and specifically referenced in this action, and administrative record number 219. information to enable it to: any public comments received during Electronic comments may also be filed 1. Evaluate whether the proposed an applicable comment period, and online at many Federal Depository collections of information are necessary other information related to this action, Libraries. for the proper performance of the including any information claimed as B. How Should I Handle CBI That I functions of the Agency, including confidential business information (CBI). Want to Submit to the Agency? whether the information will have This official record includes the practical utility. documents that are physically located in Do not submit any information 2. Evaluate the accuracy of the the docket, as well as the documents electronically that you consider to be Agency’s estimates of the burdens of the that are referenced in those documents. CBI. You may claim information that proposed collections of information. The public version of the official record you submit to EPA in response to this 3. Enhance the quality, utility, and does not include any information document as CBI by marking any part or clarity of the information to be claimed as CBI. The public version of all of that information as CBI. collected. the official record, which includes Information so marked will not be 4. Minimize the burden of the printed, paper versions of any electronic disclosed except in accordance with collections of information on those who comments submitted during an procedures set forth in 40 CFR part 2. are to respond, including through the applicable comment period, is available In addition to one complete version of use of appropriate automated or for inspection in the TSCA the comment that includes any electronic collection technologies or Nonconfidential Information Center, information claimed as CBI, a copy of other forms of information technology, North East Rm. B–607, Waterside Mall, the comment that does not contain the e.g., permitting electronic submission of 401 M St., SW., Washington, DC. The information claimed as CBI must be responses. Center is open from noon to 4 p.m., submitted for inclusion in the public Monday through Friday, excluding legal version of the official record. IV. What Information Collection holidays. The telephone number for the Information not marked confidential Activity or ICR Does this Action Apply Center is (202) 260–7099. will be included in the public version to? of the official record without prior III. How Can I Respond to this Notice? EPA is seeking comments on the notice. If you have any questions about following ICR: A. How and to Whom Do I Submit the CBI or the procedures for claiming CBI, Title: Voluntary Cover Sheet for TSCA Comments? please consult the technical person Submissions. You may submit comments through identified in the ‘‘FOR FURTHER ICR numbers: EPA ICR No. 1780.02, the mail, in person, or electronically. To INFORMATION CONTACT.’’ OMB No. 2070–0156. ensure proper receipt by EPA, it is C. What Should I Consider When I ICR status: This ICR is currently imperative that you identify docket Prepare My Comments for EPA? scheduled to expire on December 31, control number OPPTS–00279 and 1999. administrative record number 219 in the You may find the following Abstract: TSCA requires industry to subject line on the first page of your suggestions helpful for preparing your submit information and studies for response. comments: existing chemical substances under 1. By mail. Submit your comments to: 1. Explain your views as clearly as sections 4, 6, and 8. Under normal Document Control Officer (7407), Office possible. reporting conditions, EPA receives of Pollution Prevention and Toxics approximately 1,700 submissions each 2. Describe any assumptions that you year; each submission represents on (OPPT), Environmental Protection used. Agency, 401 M St., SW., Washington, average three studies. In addition, DC 20460. 3. Provide copies of any technical specific data call-ins can be imposed on 2. In person or by courier. Deliver information and/or data you used that industry. your comments to: OPPT Document support your views. As a follow-up to industry experience Control Officer (DCO) in East Tower 4. If you estimate potential burden or with a 1994 TSCA data call-in, the Rm. G–099, Waterside Mall, 401 M St., costs, explain how you arrived at the Chemical Manufacturers Association SW., Washington, DC. The DCO is open estimate that you provide. (CMA), the Specialty Organics Chemical from 8 a.m. to 4 p.m., Monday through 5. Provide specific examples to Manufacturers Association (SOCMA), Friday, excluding legal holidays. The illustrate your concerns. and the Chemical Industry Data Exchange (CIDX), in cooperation with telephone number for the DCO is (202) 6. Offer alternative ways to improve EPA, took an interest in pursuing 260–7093. the collection activity. 3. Electronically. Submit your electronic transfer of TSCA summary comments and/or data electronically by 7. Make sure to submit your data and of full submissions to EPA. In e-mail to: ‘‘[email protected],’’ or mail comments by the deadline in this particular, CMA developed a your computer disk to the address notice. standardized cover sheet for voluntary identified in Units III.A.1. and 2. of this 8. To ensure proper receipt by EPA, use by industry as a first step to an document. Do not submit any be sure to identify the docket control electronic future and to begin information electronically that you number assigned to this action in the familiarizing companies with standard consider to be CBI. Electronic comments subject line on the first page of your requirements and concepts of electronic must be submitted as an ASCII file response. You may also provide the transfer. This form is designed for avoiding the use of special characters name, date, and Federal Register voluntary use as a cover sheet for and any form of encryption. Comments citation. submissions of information under TSCA

VerDate 22-SEP-99 14:00 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\A01OC3.234 pfrm01 PsN: 01OCN1 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Notices 53379 sections 4, 8(d) and 8(e). The cover VI. Are There Changes in the Estimates Ecosystem Restoration Feasibility sheet facilitates submission of from the Last Approval? Study, Implementation, Reoperation information by displaying certain basic The burden hours included in this of Alma Dam on the Bill Williams data elements, permitting EPA more request represent a decrease of 438 River, La Paz and Mohave Counties, easily to identify, log, track, distribute, hours in the annual burden, from 1,348 AZ, Due: November 01, 1999, Contact: review and index submissions, and to hours to 910 hours, from the request Timothy Smith (213) 452–3854. make information publicly available most recently approved by OMB. This EIS No. 990336, Final EIS, NRS, HI, more rapidly and at reduced cost, to the decrease reflects a net decrease in the Lower Hamakua Ditch Watershed mutual benefit of both the respondents estimated number of submissions under Plan, To Provide a Stable and and EPA. the reporting requirements of TSCA Affordable Supply of Agricultural Responses to the collection of sections 4, 8(d) and 8(e). Since the use Water to Farmers and Other, COE information are voluntary. Respondents of the Voluntary TSCA Cover Sheet Section 404 Permit, Watershed may claim all or part of a notice directly reflects the number of Protection and Flood Prevention, confidential. EPA will disclose submissions received under TSCA Hawaii County, HI, Due: November information that is covered by a claim sections 4, 8(d) and 8(e), any change in 01, 1999, Contact: Kenneth Kaneshiro of confidentiality only to the extent the estimated numbers of submissions (808) 541–2600. permitted by, and in accordance with, under those requirements will result in EIS No. 990337, Draft EIS, IBR, NM, the procedures in TSCA section 14 and a parallel change in the burden hours Elephant Butte and Caballo 40 CFR part 2. associated with this information Reservoirs, Resource Management Plan (RMP), Implementation, Sierra V. What are EPA’s Burden and Cost collection. and Socorro Counties, NM, Due: Estimates for this ICR? VII. What is the Next Step in the November 23, 1999, Contact: Clay Under the PRA, ‘‘burden’’ means the Process for this ICR? McDermeit (505) 248–5391. total time, effort, or financial resources EPA will consider the comments EIS No. 990338, Final EIS, IBR, CA, expended by persons to generate, received and amend the ICR as Contra Loma Reservoir Project, Future maintain, retain, or disclose or provide appropriate. The final ICR package will Use and Operation of Contra Costa information to or for a Federal Agency. then be submitted to OMB for review Water District, COE Section 404 For this collection it includes the time and approval pursuant to 5 CFR Permit, Contra Costa County, CA, needed to review instructions; develop, 1320.12. EPA will issue another Federal Due: November 01, 1999, Contact: Bob acquire, install, and utilize technology Register notice pursuant to 5 CFR Eckart (916) 978–5051. and systems for the purposes of 1320.5(a)(1)(iv) to announce the EIS No. 990339, Final EIS, AFS, OR, collecting, validating, and verifying submission of the ICR to OMB and the Mill Creek Watershed Timber Sales information, processing and opportunity to submit additional Project, Implementation, Ochoco maintaining information, and disclosing comments to OMB. If you have any National Forest, Crook County. OR, and providing information; adjust the questions about this ICR or the approval Due: November 01, 1999, Contact: existing ways to comply with any process, please contact the technical Dave Owens (541) 416–6425. previously applicable instructions and person listed in the ‘‘FOR FURTHER EIS No. 990340, Draft EIS, NPS, ID, MT, requirements; train personnel to be able INFORMATION CONTACT.’’ WY, Yellowstone and Grand Teton to respond to a collection of National Parks and John D. information; search data sources; List of Subjects Rockefeller, Jr. Memorial Parkway complete and review the collection of Environmental protection, Reporting Winter Use Plan, Implementation, information; and transmit or otherwise and recordkeeping requirements. Fremont County, ID, Gallatin and Park disclose the information. Dated: September 25, 1999. Counties, MT and Park and Teton The ICR provides a detailed Counties, WY, Due: November 15, explanation of this estimate, which is Susan H. Wayland, 1999, Contact: Clifford Hawkes (303) only briefly summarized in this notice. Deputy Assistant Administrator for 969–2262. The annual public burden for this Prevention, Pesticides and Toxic Substances. EIS No. 990341, Final EIS, FHW, MS, collection of information is estimated to [FR Doc. 99–25576 Filed 9–30–99; 8:45 am] Airport Parking/Mississippi 25 average 0.5 hours per response. The Connectors, Construction at BILLING CODE 6560±50±F following is a summary of the estimates Intersection of High Street/ Interstate taken from the ICR: 55 (I–55) in the City of Jackson, Hinds Respondents/affected entities: Entities ENVIRONMENTAL PROTECTION and Rankin Counties, MS, Due: potentially affected by this action are AGENCY November 01, 1999, Contact: Cecil W. companies that manufacture, process, Vick, Jr. (601) 965–4217. use, import or distribute in commerce [ER±FRL±6246±6] EIS No. 990342, Final EIS, FHW, MN, chemical substances that are subject to Phalen Boulevard Project, Environmental Impact Statements; reporting requirements under TSCA Construction of a new 4.3 Kilometer Notice of Availability sections 4, 8(d) or 8(e). Roadway, from I35E to Johnson Estimated total number of potential Responsible Agency: Office of Federal Parkway, Funding, in the City of St. respondents: 2,240. Activities, General Information (202) Paul, Ramsey County, MN, Due: Frequency of response: On occasion. 564–7167 or (202) 564–7153. November 01, 1999, Contact: Bill Lohr Estimated total/average number of Weekly receipt of Environmental Impact (651) 291–6100. responses for each respondent: 1–2 Statements EIS No. 990343, Final EIS, AFS, ID, (average). Filed September 20, 1999 Through Long Prong Project, Timber Estimated total annual burden hours: September 24, 1999 Pursuant to 40 Harvesting, Road Construction and 910 hours. CFR 1506.9. Reconstruction, Boise National Forest, Estimated total annual burden costs: EIS No. 990335, Final EIS, COE, AZ, Cascade Ranger District, Valley $68,250. Alamo Lake Reoperation and County, ID, Due: November 01, 1999,

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Contact: David D. Rittenhouse (208) ENVIRONMENTAL PROTECTION ERP No. F–AFS–L65321–00— 373–4100. AGENCY Douglas-fir Beetle Project, Harvest Tree, EIS No. 990344, Final EIS, BLM, WY, Regenerated Forest, Aquatic Restoration Wyodak Coal Bed Methane Project, [ER±FRL±6246±7] and Fuels Reduction, Idaho Panhandle Implementation of Road Construction, Environmental Impact Statements and National Forest, Coeur d’Alene River Drilling Operation, Electrical Regulations; Availability of EPA and Priest Lake Ranger District and Distribution Line, Powder River Comments Colville National Forest, Newport Basin, Campbell and Converse Ranger District, Kootenai, Shoshone and Counties, WY, Due: November 01, Availability of EPA comments Bonner Counties, ID and Pend Orielle 1999, Contact: Richard Zander (307) prepared August 23, 1999 Through County, WA. September 17, 1999 pursuant to the 684–1161. Summary EIS No. 990345, Draft EIS, DOD, AK, Environmental Review Process (ERP), ND, AS, National Missile Defense under Section 309 of the Clean Air Act No formal comment letter was sent to (NMD) Deployment System, Selection and Section 102(2)(c) of the National the preparing agency. of Possible Deployment Sites: AK, AS Environmental Policy Act as amended. ERP No. F–FAA–B51016–CT— and ND, Due: November 15, 1999, Requests for copies of EPA comments Sikorsky Memorial Airport, Proposed Contact: Julia Hudson (256) 955–4822. can be directed to the Office of Federal Runway 6–24 Improvements, EIS No. 990346, Final EIS, DOE, WA, Activities at (202) 564–7167. An Construction, Stratford, CT. Hanford Remedial Action, Revised explanation of the ratings assigned to Summary and New Alternatives, Comprehensive draft environmental impact statements EPA expressed concerns that the EIS Land Use Plan, Hanford Site lies in (EISs) was published in FR dated April continues to lack a clear discussion of the Pasco Basin of the Columbia 10, 1999 (63 FR 17856). the safety benefits associated with each Plateau, WA, Due: November 01, Draft EISs alternative and how environmental 1999, Contact: Thomas W. Ferns (509) losses of each alternative are justified. 376–4360. ERP No. D–AFS–L65302–AK Rating EPA requested that additional EIS No. 990347, Draft EIS, SFW, CA, EC2, Kuakan Timber Sale, Timber information be presented in the Record San Joaquin County Multi-Species Harvesting in the Kuakan Project Area, of Decision pertaining to the above and Habitat Conservation and Open Space Implementation, Deer Island within the stormwater management. Wrangell Ranger District, Stikine Area Plan, Issuance of Incidental Take ERP No. F–FAA–J11016–00— of the Tongass National Forest, AK. Permit, San Joaquin County, CA, Due: Adoption—Colorado Airspace Initiative, November 15, 1999, Contact: Ben Summary Modifications to the National Airspace Harrison (503) 231–2068. EPA expressed environmental System, such as the F–16 Aircraft and EIS No. 990348, Draft EIS, COE, NY, NJ, Aircrews of the 140th Wing of the New York and New Jersey Harbor concerns related to potential impacts to fish habitat, water quality, wildlife Colorado Air National Guard, also Navigation Study, Identify, Screen existing Military Operations Area security, and visual quality for four of and Select Navigation Channel (MOAs) and Military Training Routes the alternatives under consideration. Improvements, NY and NJ, Due: (MTRs), CO, NM, KS, NB and WY. November 15, 1999, Contact: Jenine EPA recommended that additional Gallo (212) 264–0912. information be included in the EIS Summary regarding the methods to be used and Amended Notices No formal comment letter was sent to the goals to be achieved with the use of the preparing agency. EIS No. 990163, Draft EIS, BLM, CA, a proposed ‘‘overstory removal’’ ERP No. F–FHW–F40369–WI—US Soledad Canyon Sand and Gravel management prescription. 141 Highway Transportation Project, Mining Project, Proposal to Mine, ERP No. D–USN–K11104–CA Rating Improvement between WI–22 and WI– Produce and Sell, ‘‘Split Estate’’ EC2, Marine Corp Air Station (MCAS) 64 (LeMere Road-6th Road), Funding Private Owned and Federally Owned Tustin Disposal and Reuse Plan, Cities and COE Section 4 Permit, Marinette Lands, Transit Mixed Concrete, Los of Tustin and Irvine, Orange County, and Oconto Counties, WI. Angeles County, CA, Due: January 03, CA. Summary 2000, Contact: Ms Elena Misquez Summary (760) 251–4804. EPA reiterated concurrence with the Published FR 05–21–99—Review EPA expressed concern regarding the preferred alternative while retaining the Period Reestablished. mitigation of impacts to waters of the concern expressed in a April 9, 1997 EIS No. 990266, Draft EIS, AFS, WY, United States, including approximately letter regarding the large amount of Squirrel Meadows—Grand Targhee 3.6 acres of wetlands, and on mitigating wetland impacts associated with the Land Exchange Proposal, potential impacts from fertilizer and preferred alternative. Additional Implementation, Targhee National pesticide use associated with future golf mitigation methods such as reduced Forest, Teton County, WY, Due: course operations. median widths and the steepening of October 20, 1999, Contact: Patty Bates Final EISs slopes should be considered during the (208) 354–2312. design. Published FR 08–06–99—Review ERP No. F–AFS–K65273–AZ—Grand ERP No. F–NRS–F36162–MN—Snake Period extended. from 09–20–99 to 10– Canyon/Tusayan Growth Area River Watershed Plan, Watershed 20–99. Improvements, General Management Protection and Flood Prevention, Plan (GMP), Special-Use-Permit, NPDES Permit and COE Section 404 Dated: September 28, 1999. Approvals and Licenses Issuance, Permit, Marshall Pennington and Polk William D. Dickerson, Coconino County, AZ. Counties, MN. Director, NEPA Compliance Division, Office of Federal Activities. Summary Summary [FR Doc. 99–25631 Filed 9–30–99 8:45 pm] No formal comment letter was sent to The FEIS provides adequate BILLING CODE 6560±50±U the preparing agency. information and analysis to address the

VerDate 22-SEP-99 14:00 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\A01OC3.150 pfrm01 PsN: 01OCN1 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Notices 53381 environmental concerns we expressed Purpose: To build on existing efforts (EETAP), will operate from October 1, in our DEIS comment letter in the that deliver environmental education 1995 through September 30, 2000. following areas: (1) Alternatives, (2) training and related support services to Additional information on EETAP can Characterization of the affected education professionals across the U.S. be obtained by accessing EPA’s web site environment, (3) Impacts to wetlands Funding: One cooperative agreement at or EETAP’s web site at Mitigation. for a three year project period (for a total . NCEET as a separate ERP No. FR–AFS–J65287–UT—South of approximately $4.2 million), subject entity no longer exists. However, some Spruce Ecosystem Rehabilitation to annual performance reviews and key elements of NCEET’s program have Project, Implementation, Dixie National Congressional appropriations. The been incorporated into EETAP (e.g., Forest, Cedar City Ranger District, Iron program may be extended to a promotion of the ‘‘EE Toolbox’’ and and Kane Counties, UT. maximum of five years subject to these expansion of the World Wide Web Site Summary conditions. Matching funds of at least ‘‘EE-Link’’ ()). 25% (approximately $350,000 per year) This solicitation notice requests No formal comment letter was sent to are required. This requirement may be proposals that build on the current the preparing agency. met with in-kind contributions. EETAP program. This new program can ERP No. FS–FAA–F51040–IN— Project Period: October 1, 2000– be viewed as an evolution of EETAP Indianapolis International Airport September 30, 2003 (with a possible which reflects the progress the Master Plan Development, Updated/ extension to 2005). environmental education field has made New Information, Establishing New Air Award Date: By September 30, 2000. over the past few years. This means that Traffic Procedures to Restore, Construct EETAP’s core themes of building state Section II. Purpose of Notice and and Operate, Runway 5L/23R Parallel to capacity, linking environmental Relationship to Other Programs existing Runway 14/32 and connecting education to education reform, reaching to Runways 5R/23L and 5L/23R, Airport A. What is the Purpose of This Notice? out to diverse audiences, ensuring Layout Plan Approval, Funding and US The purpose of this notice is to invite quality, utilizing technology, and COE Section 404 Permit, Marion promoting synergy in the environmental County, IN. eligible institutions to submit proposals to operate the Training Program as education field will remain key Summary authorized under section 5 of the components of the new program (see section III.E.1–6. below). Based on EPA’s review, the National Environmental Education Act environmental concerns previously of 1990 (the Act) (Pub. L. 101–619). Section III. Definitions expressed in the review of the Draft B. What Is the Relationship Between the D. What Is ‘‘Environmental Education Supplemental EIS have been resolved. Training Program and the Training’’? Dated: September 28, 1999. Environmental Education Grants Environmental education (EE) William D. Dickerson, Program? increases public awareness and Director, NEPA Compliance Division, Office This notice applies only to the knowledge about environmental issues of Federal Activities. Training Program authorized under and provides the skills needed to make [FR Doc. 99–25632 Filed 9–30–99 8:45 am] section 5 of the Act. This notice does informed and responsible decisions. It BILLING CODE 6560±50±U not apply to the Environmental enhances critical-thinking, problem- Education Grants Program authorized solving, and effective decision-making under section 6 of the Act. The grants skills and teaches individuals how to ENVIRONMENTAL PROTECTION program funds approximately 200 weigh various sides of an environmental AGENCY individual projects annually. Please issue before making decisions. [FRL±6450±1] visit our web site at to obtain advocate a particular viewpoint or Invitation for Proposals; National information on the grants program or course of action. Training refers to Environmental Education Training contact Diane Berger, U.S. EPA, Office activities such as classes, workshops, Program (Referred to as ``Training of Environmental Education (1704), seminars, conferences, programs, and Program'') Environmental Education Grants other forums which are designed to Program, 401 M Street, SW, prepare education professionals to teach AGENCY: Environmental Protection Washington, DC 20460, Agency (EPA). about the environment. [email protected], 202–260–8619. ACTION: Notice. E. How Are the Training Program’s C. What Is the Relationship Between the ‘‘Core Themes’’ Defined? Section I. Summary of Important Training Program and the (1) Building state capacity refers to Application Information Environmental Education and Training the development of effective leaders and Partnership (EETAP) and Its Application Deadline: Applications organizations that ensure the quality Predecessor the National Consortium for must be postmarked no later than and long-term sustainability of Environmental Education and Training December 15, 1999. coordinated and comprehensive EE (NCEET)? Where to Mail Applications: U.S. programs across a state or states. EPA, Office of Environmental In 1995, EPA awarded a cooperative Effective efforts address both leadership Education, Training Program, 401 M agreement to a consortium led by the and organizational needs as well as Street SW (MC: 1704, RM: 366WT), North American Association for coordination issues that decrease Washington, DC 20460. Environmental Education (NAAEE) to fragmentation and duplication across Eligible Applicants: U.S. institutions operate the training program authorized programs. ‘‘Coordination’’ refers to the of higher education or not-for-profit under section 5 of the Act. This involvement of all major education and institutions or a consortia of such program, titled the Environmental environmental education providers in a institutions. Education and Training Partnership state or across states (e.g., especially

VerDate 22-SEP-99 14:00 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\A01OC3.153 pfrm01 PsN: 01OCN1 53382 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Notices state and local education, F. Are There Priorities Among the ‘‘Core districts, community colleges, and four- environmental protection, natural Themes’’? year colleges and universities; resource, and related government EPA believes that addressing all six (2) Employees of federal, state, local, agencies as well as schools and school ‘‘core themes’’ is essential to a and tribal education, environmental districts, professional education successful Training Program. However, protection, natural resource, and related associations, and nonprofit education to enable the field of EE to become more agencies; and (3) Employees of not-for- and environmental education unified and sustainable over the long- profit organizations, including non- organizations). Coordination efforts are term, the state capacity building ‘‘core formal educators, as well as businesses also encouraged to include tribal theme’’ will serve as the ‘‘umbrella’’ for and their professional trade groups and entities where tribal lands are involved, guiding all training and support associations who are involved in EE and as appropriate. ‘‘Comprehensive’’ refers activities that encompass the other five education efforts. to EE programs that have multiple ‘‘core themes.’’ Over the past few years, Training and related support services components such as an EE coordinator, tremendous progress has been made must include opportunities for both master plan, curriculum and instruction with respect to several other ‘‘core formal and non-formal education requirements, and frameworks and themes’’ such as promoting quality professionals and address both pre- assessments as determined by each state through the development of EE service and in-service education needs, or tribe. guidelines and furthering as appropriate. In addition, as required (2) Linking EE to education reform communication and access to under the Act, training opportunities refers to using EE as a catalyst to information and resources through the must also include education advance state, local, or tribal education World Wide Web. These efforts as well professionals from Mexico and Canada. reform goals for improving student as those to promote synergy among EE Note that federal employees may be academic achievement. Reform efforts providers should be continued. included in training opportunities, but often focus on changes in curriculum, Regarding efforts to link with education can not receive funds for any travel instruction, assessment or how schools reform (and the education community related expenses. are organized. EE can be used to in general) and in reaching low income Section V. Program Activities advance these changes by providing a and culturally-diverse communities, real-world, interdisciplinary context for progress has been made but a significant I. What Activities Must Be Carried Out learning; developing critical-thinking amount of additional work needs to be Under This Program? and problem-solving skills; promoting done. Thus, greater emphasis needs to Activities must, at a minimum, ‘‘hands-on,’’ cooperative, and learner- be placed on meeting the needs of the include the following: centered instruction methods; and education community as well as low- setting, measuring, and meeting high income and culturally-diverse (1) Training academic standards. audiences. The continuation and expansion of existing EE training efforts that support (3) Reaching diverse audiences refers Section IV. Purpose of Training the ‘‘core themes’’ and the priorities to targeting traditionally under-served Program and Eligible Participants education professionals, especially among them as defined under section educators who work with low-income G. What Is the Purpose of the Training III.E. and F. Such training must, at a and culturally-diverse audiences. Other Program? minimum, include classes, workshops, traditionally under-served audiences The purpose of this program is to seminars, conferences, programs or include non-formal educators, high provide training and related support other forums which provide education school teachers, community college services to education professionals who professionals with knowledge and skills faculty, pre-service education are or can become leaders in ensuring on the following: institutions, and state, local, and tribal the quality and long-term sustainability a. Leadership and organizational education, environmental protection, of coordinated and comprehensive EE development issues such as how to natural resource, and other related efforts across a state or states. Such state effectively recruit board members and agency officials. capacity building efforts must support volunteers, raise funds, communicate, develop partnerships, as well as reach (4) Ensuring quality refers to the all of the Training Program’s five other low-income and culturally-diverse development, use, and dissemination of ‘‘core themes’’ of education reform, audiences; guidelines on what constitutes quality diversity, quality, technology, and b. Educational approaches such as EE that is, among other things, synergy as described under section III.E. how to effectively integrate scientifically-sound, educationally- and F. Ultimately, through this Training environmental problem-solving into appropriate, and inclusive of diverse Program, education professionals will existing science, social science, and perspectives. be better able to develop and deliver more effective programs that will enable other subject areas, use existing and (5) Utilizing technology refers to using students and communities to make future EE guidelines and link them to the latest computer and World Wide informed and responsible national and state academic standards Web technologies to provide education environmental decisions. and curriculum frameworks, as well as professionals with increased use specific instructional methods or opportunities for accessing EE H. Who Should Be Targeted for Training practices to teach effectively; and information and resource materials, and Related Support Services Under c. Environmental education communicating and networking, and This Program? approaches such as how to effectively learning. The education professionals who may identify, evaluate, adapt, and expand (6) Promoting synergy refers to receive training and related support existing materials and programs that are, forming and encouraging partnerships services under this program are: among other things, scientifically- among key EE providers and (1) Teachers, faculty, curriculum sound, inclusive of diverse perspectives, educational institutions to leverage specialists, administrators and others and use an investigative, problem- resources, improve efficiency, and who are employed by or impact solving, and critical-thinking approach reduce duplication of effort. decision-making in schools and school to learning and decision-making.

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(2) Information activities have already been identified delivering state capacity building The collection, evaluation, and under the training and information training and in addressing other ‘‘core dissemination of information, especially activities identified above such as themes.’’ Partners may include not-for- through the World Wide Web, regarding leadership conferences and electronic profit organizations, institutions of quality EE materials, programs, and communications. higher education, and Federal, state, teaching methods as well as the J. Are All Three Types of Activities local, and/or tribal education, benefits, challenges, techniques, and Discussed Above of Equal Importance? environmental protection, natural progress made in using the ‘‘core resource, and related agencies. Partners EPA believes that all three types of themes’’ identified under section III.E. may not necessarily have prior activities identified above are inter- to advance the field of EE. The goal is experience in addressing the ‘‘core related and, therefore, essential to an to ensure that a wide array of education themes,’’ but their addition to a effective program. Note that in professionals have access to such consortium should strengthen these designing and implementing these information and are able to replicate activities, special emphasis must be themes. Note that a balance needs to be such efforts, as appropriate. Information placed on: reached between the benefits of collection, evaluation, and (1) Continuing and expanding existing including a large number of partners dissemination activities must, at a quality state capacity building training with a broad range of programs and the minimum, include the following: programs, partnerships, and networks; administrative costs of managing a large, a. An existing EE resource library (or (2) Improving linkages between the EE broad-based consortium. libraries), primarily based on the World and education communities; Wide Web, which provides information EPA believes that a cooperative (3) Expanding the inclusion of low- on quality materials, programs, and approach is important because strong income and culturally-diverse education teaching methods and links libraries partnerships can expand current professionals, audiences, organizations, across the country (and in Mexico and networks, help leverage scarce and programs; Canada, as appropriate); resources, improve effectiveness, and b. An existing World Wide Web site (4) Designing classes, workshops, avoid duplication of effort in a field (or sites) with state-of-the-art seminars, conferences, programs or which remains fragmented. Cooperation communication technology that enables other forums that can be broadly is also important to ensure that the education professionals to share disseminated to education program reaches low-income and professionals; and information, to network, and to learn; culturally-diverse audiences and (5) Including opportunities for c. The continued development, use, reaches both formal and non-formal teachers and other education and dissemination of EE guidelines education professionals. Thus, the lead professionals from Canada and Mexico (including existing guidelines for EE institution and its partners would be materials, learners, and educator to participate in training along with their U.S. counterparts. working cooperatively to deliver a preparation as well as new guidelines cohesive training program which for programs and professional Section VI. Eligible Institutions benefits education professionals in all development) and their correlation to K. What Types of Institutions Are geographic regions of the U.S. and national and state education standards includes training opportunities for and curriculum frameworks, as Eligible To Apply To Operate This Program? education professionals from Canada appropriate; and Mexico. d. The continued development, use, Only U.S. institutions of higher and dissemination of existing and new education or not-for-profit institutions M. May an Institution Be Part of or assessment tools to evaluate the (or a consortia of such institutions) may Submit More Than One Application? effectiveness of addressing the ‘‘core apply to operate the Training Program themes’’ identified under section III.E. as specified under the Act. Yes, eligible institutions may appear and F.; and in more than one application as a L. What Approach or Organizational e. Support for the development and member of a consortium. However, such Structure Has the Best Chance of Being dissemination of newsletters and other institutions may not apply as the sole Selected To Operate the Training publications which communicate the applicant or as the lead institution in a Program? successes and challenges of addressing consortium in more than one the ‘‘core themes’’ identified under EPA strongly encourages institutions application. section III.E. and F. to form a consortium to manage and implement this program, as appropriate. Section VII. Funding and Project Period (3) Partnerships and Networks EPA believes that an effective N. How Much Money Is Available To Continuation and expansion of consortium would build upon existing Fund This Program? When Will the existing EE partnerships and networks, national, regional, and state capacity Award Be Made? especially those which seek to include building training efforts as well as the organizations, institutions, or agencies other ‘‘core themes’’ discussed under To implement this program over the that represent the education section III.E. and F. Under this scenario, past five years, EPA awarded between community, low-income and culturally- a lead institution would provide strong $1.4 and $1.95 million each year from diverse audiences, and state and local leadership in setting the direction of the FY 1995—FY 1999 for a total of $8.875 government agencies. The goal is to entire consortium, select other million. Funding levels for this program improve the effectiveness of the EE institutions as partners that would are subject to annual Congressional community by facilitating implement specific activities, manage appropriations. For planning purposes, communication, sharing information, the overall implementation of the EPA suggests that applicants plan for leveraging scarce resources, and program, and ensure the program meets approximately $1.4 million per year for expanding partnerships and networks the goals and requirements in this three years. EPA expects to announce beyond existing relationships. Various notice. To be most effective, the lead the award by September 30, 2000. important partnership and networking institution should have experience in

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O. How Many Awards Will Be Made? approved by the EPA Project Officer. for all federal grants and cooperative What Is the Expected Project Period for The project period is expected to begin agreements. A completed SF 424 for the This Program? October 1, 2000. However, actual first year of the program must be EPA will award only one cooperative training and related activities may not submitted as part of the application. See agreement, with annual amendments, begin immediately, if the recipient and section VIII.W. below for information on the EPA Project Officer need additional on or about September 30 of each year how to obtain this form. time to finalize the work plan. Work for an estimated three year project plans must be submitted to and (2) Budget Information: Non- period. The agreement may be extended approved by the EPA Project Officer Construction Programs (SF 424A) to a maximum of five years. Funding for annually. A form which requests budget any given year is subject to information by object class categories Congressional appropriations and R. How Will Funds Be Awarded in Years such as personnel, travel, and supplies. annual performance reviews. The award Two and Three of the Program? This form is also required for all federal will be made to only one institution (or The institution which received grants and cooperative agreements. A to the lead institution in a consortium) funding for the first year of the program completed SF 424A for the first year of which is responsible for managing the must submit a new application, work the program must also be submitted as entire Training Program. EPA expects to plan, and other required forms to obtain part of the application. See section award this cooperative agreement, and funding for each of the subsequent years VIII.W below for information on how to its annual amendments, to the same of the program. The actual award of obtain this form. Note that additional institution (or the same lead institution funds for subsequent years is subject to budget information describing how the in a consortium) over the three to five annual Congressional appropriations funds will be used for all major year project period. Thus, EPA expects and annual performance reviews. activities during the first year is also to fund this program for a project period S. Are Matching Funds Required? required under the budget section of the which runs from approximately October work plan as discussed under section 1, 2000 through September 30, 2003 (or Yes, non-federal matching funds of at VIII.V.3.e.1. below. to September 30, 2005 if the program is least 25% of the total cost of the extended to five years). program are required. The matching (3) Work Plan funds must be from a non-federal P. What Is a Cooperative Agreement? A detailed plan of no more than 20 source. For planning purposes, How Is a Cooperative Agreement pages (not including the appendices) applicants should estimate a matching Different From a Grant? which describes how the applicant share of approximately $350,000 per proposes to operate the Training Under the Federal Grant and year. The source of matching funds Program during the first year. The work Cooperative Agreement Act of 1977 must be identified in the application plan must also discuss in general terms (Public Law 95–224), both a grant and and may be provided in cash or by in- what the goals, objectives, and major cooperative agreement are legal kind contributions. All in-kind activities will be for the second and instruments in which the Federal contributions must be verifiable costs third years. Note that the recipient of government transfers money to a state or that are carefully documented. the award may be asked to revise their local government or other recipient for T. What Cannot Be Funded Under This first year’s work plan once the award is the benefit of the public. A grant is used Program? made subject to the discretion of the when ‘‘no substantial involvement’’ is EPA Project Officer. Work plans must As specified by the Act, no funds anticipated between the federal agency contain all four sections discussed shall be used for (1) the acquisition of and the recipient during the below, in the format presented. Note real property (including buildings) or performance of the project. By contrast, that each section of the work plan construction or substantial modification a cooperative agreement is used when includes a brief discussion of some of of any building, (2) technical training ‘‘substantial involvement’’ is anticipated the factors that will be considered in for environmental management between the federal agency and the reviewing and scoring applications. professionals, or (3) non-educational recipient of the funds. a. Summary: A brief synopsis of no research and development. In addition, Because EPA will award a cooperative more than two pages identifying: agreement to fund this program, funds may not be used to pay for any 1. The institution requesting funding applicants should expect EPA to have travel related expenses for federal and its key partners, if applicable, and ‘‘substantial involvement’’ in the employees. the mission of each organization; recipient’s overall implementation of Section VIII. The Application 2. The primary goals, objectives, and this program to ensure that it meets the activities of the proposed program, how goals of this notice. EPA’s involvement U. What Must Be Included in the it will be implemented, and how it will include active participation in Application? builds on existing programs; planning meetings, review and approval To qualify for review, the application 3. The total number of education of annual work plans, as well as review must include the following three professionals to be reached as well as of all major draft and final products and components. Note that only finalists the expected demographics of such publications prior to use and will be asked to submit additional education professionals and the dissemination. Specific conditions federal forms needed to process the audiences they reach; regarding the relationship of EPA and application (e.g., certification regarding 4. The expected results of the project the recipient will be identified in the debarment and lobbying). by the end of years one, two, and three; award document. and (1) Application for Federal Assistance 5. How the funds will be used. Q. When Should Proposed Activities (SF 424) Scoring: The summary will be scored Start? A form which requests basic on its overall clarity and the extent to Proposed activities cannot begin information about proposals such as the which all five of the elements identified before the funds are awarded and the name of the project and the amount of above are addressed. (Maximum Score: first year’s annual work plan is money requested. This form is required 5 points)

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b. Mission Statement: A discussion of 3. conduct the training and other application as discussed under section the short (first year) and long-term (3 to activities identified under section V.; VIII.U.2. 5 years) goals and objectives of the and Scoring: The budget will be scored program and how such goals and 4. effectively staff and manage the based upon factors that include its objectives will meet the requirements of program, including effectively managing overall clarity as well as the extent to this notice. Also include a discussion the lead institution’s relationship with which the budget is clearly and about the needs of the EE and education key partners, if applicable. (Maximum accurately linked to the project’s goals communities and how these needs will Score: 30 points) and objectives, shows how the funds be met. d. Evaluation Plan: A detailed plan on will be used, and demonstrates effective Scoring: The mission statement will how the effectiveness of the program use of public funds. (Maximum Score: be scored based upon factors that will be evaluated (i.e., how the 20 points) 2. Key Personnel and Letters of include its overall clarity as well as the applicant will know whether the goals Commitment: Include resumes of up to extent to which the applicant and objectives of the program are being three pages for the Program Director and demonstrates their capability to meet met, the program meets the each key staff member with major the goals of the Training Program requirements of this notice, and the responsibilities for implementing the identified in this notice and the stated program meets the needs of the EE and education communities). The evaluation program. Resumes should describe the needs of the EE and education educational, administrative, communities. (Maximum Score: 5 plan must discuss the strengths and anticipated challenges expected in management, and professional points) qualifications and experience. In c. Management and Implementation implementing the program. It must also discuss the approach, mechanisms, and addition, include up to three page Plan: A detailed plan of how the project resumes and one page letters of will be managed and implemented in amount of money that will be used to conduct independent annual commitment from key partners with a the first year (i.e., what steps will be significant role in the program, if evaluations of the program. This taken to reach the goals of the program), applicable. Letters of endorsement from evaluation must be conducted by an along with a summary of the project in individuals or organizations who are not institution that is independent of the the second and third years. The plan partners will not be considered in the lead institution and key partners and must discuss how the proposed program evaluation process. continues and expands existing has appropriate credentials and Scoring: Personnel and partner national, regional, and state capacity experience in evaluating education commitment will be scored on the building training efforts. The plan must programs. extent to which the Project Director, key also indicate how the proposed program Scoring: The evaluation plan will be staff, and key partners are identified in will address other five ‘‘core themes’’ scored based upon factors that include the proposal as well as qualified to and priorities among them as identified its overall clarity as well as the extent manage and implement the program. In under section III.E. and F., audiences to which the proposal demonstrates that demonstrating the capability of key identified under section IV.H., and an effective evaluation process will be personnel, EPA strongly encourages activities identified under section V.I. used to strengthen the program. applicants to provide examples of The plan must also identify all key (Maximum Score: 20 points) relevant experience in designing and activities and deliverables/products as e. Appendices: Important attachments delivering environmental education well as describe the major to the work plan which contain training on a large scale. In addition, the responsibilities of the Program Director, information on the budget, score will reflect whether letters of key staff, and key partners in the qualifications and experience of key commitment are included from key consortium, if applicable. The plan personnel, and letters of commitment partners and whether a firm must include a matrix or table from key partners, if applicable. commitment is made, if applicable. identifying all key activities and 1. Budget: A statement describing (Maximum Score: 20 points) deliverables/products as well as a how funds will be used in the first year, V. Where May I Obtain an Application precise schedule for conducting these including budget milestones for each and How Must the Application Be activities and completing these major proposed activity and a timetable Submitted? deliverables/products during the first showing the month/year of completion. year. The plan must also include an Estimates must include the allocation of Institutions may obtain an application organizational chart which clearly funding for all major activities. Budget (SF424 and SF424A) by downloading it shows the responsibilities and estimates are for planning and from EPA’s web site at key staff, and various partners, if that FY 2000 funds have not yet been or contacting U.S. EPA, Office of applicable. appropriated by Congress for this Environmental Education (MC:1704; RM program. Minor deviations from these Scoring: The management and 366WT), Training Program, 401 M amounts are expected. Include estimates implementation plan will be scored Street, SW, Washington, DC 20460, 202– of overhead costs as well as a statement based upon factors that include its 260–4965. The applicant must submit on the relative economic effectiveness of overall clarity as well as the extent to one original and three copies of the the program in terms of the ratio of which the applicant demonstrates their application (a signed SF 424, SF 424A, overhead costs to direct services. Note capability to: and a work plan). Applications must be that competitive proposals are expected reproducible. Do not submit bound 1. Continue and expand existing to use a relatively low overhead rate. copies of the application. They must be national, regional, and state capacity For example, the current training on white paper and stapled or secured building training efforts and address all program uses an overhead rate of 17% in the upper left hand corner and other ‘‘core themes’’ identified under of the total cost of the project. Also note include page numbers. section III.E. and F.; that additional budget information is Work plans must be no more than 20 2. reach audiences identified under also required on the SF 424A which pages (not including the appendices). A section IV.H.; must be submitted as part of the ‘‘page’’ refers to one side of a single-

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[FR Doc. 99–25567 Filed 9–30–99; 8:45 am] BILLING CODE 6560±50±C

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ENVIRONMENTAL PROTECTION ENVIRONMENTAL PROTECTION ENVIRONMENTAL PROTECTION AGENCY AGENCY AGENCY [FRL±6450±3] [FRL±6449±9] [FRL±6448±8] Board of Scientific Counselors, National Drinking Water Advisory Executive Committee Meeting Carolina Creosoting Site; Notice To Council, Right-to-Know Working Rescind Federal Register Notice Dated Group; Notice of Meeting AGENCY: Environmental Protection September 9, 1999 Agency (EPA). AGENCY: Environmental Protection ACTION: Notice of meeting. AGENCY: Environmental Protection Agency. Agency. SUMMARY: Pursuant to the Federal ACTION: Notice. Advisory Committee Act, Public Law ACTION: Notice to Rescind Previous 92–463, as amended (5 U.S.C., App. 2) Federal Register Notice. SUMMARY: Under section 10(a)(2) of notification is hereby given that the SUMMARY: Public Law 92–423, ‘‘The Federal Environmental Protection Agency, On September 9, 1999, (64 FR 49014), the Environmental Protection Advisory Committee Act,’’ notice is Office of Research and Development Agency (EPA) published a Notice of hereby given that a meeting of the Right- (ORD), Board of Scientific Counselors Proposed Settlement for response costs to-Know Working Group of the National (BOSC), will hold a Programmatic incurred by the EPA at the Carolina Drinking Water Advisory Council Review of ORD’s Particulate Matter 2.5 Research Program. Creosoting Site located in Leland, North established under the Safe Drinking Carolina. The purpose of this notice is DATES: The Review will be held on Water Act, as amended (42 U.S.C. S300f to rescind EPA’s September 9, 1999 October 28–29, 1999. On Thursday, et seq.), will be held on October 14, Federal Register Notice regarding the October 28, the Review will begin at from 9:00 a.m.–5:00 p.m. and on settlement of response costs at the Site. 9:00 a.m., and will recess at 4:45 p.m. October 15 from 8:30 a.m.–12:00 p.m., at The Notice of Proposed Settlement for On Friday, October 29, the Review will the Holiday Inn National Airport, 2650 the Site may be republished in the reconvene at 8:45 a.m. and conclude at Jefferson Davis Highway, Arlington, future. Virginia. The meeting is open to the 9:45 a.m. A writing session will begin at public, but due to past experience, 10:00 a.m. and will adjourn at FOR FURTHER INFORMATION CONTACT: seating will be limited. approximately 3:15 p.m. All times noted Paula Butchelor at 404–562–8887. are Eastern Time. Dated: September 16, 1999. The purpose of this meeting is to ADDRESSES: The meeting will be held at Franklin E. Hill, share new materials which have been the Hilton Durham Hotel, 3800 Chief, Program Services Branch, Waste developed to support Consumer Hillsborough Road, Durham, North Management Division. Confidence Reports and other public Carolina. [FR Doc. 99–25574 Filed 9–30–99; 8:45 am] drinking water information provisions SUPPLEMENTARY INFORMATION: Agenda BILLING CODE 6560±50±M of the Safe Drinking Water Act (SDWA); items will include, but not limited to: to recommend ways to use and to share Discussion on ORD’s Particulate those materials; to discuss public Matter 2.5 Research Program and information and public education as a subcommittee writing sessions on FEDERAL RESERVE SYSTEM part of the SDWA 25th Anniversary Particulate Matter. Anyone desiring a Futures Forum; and to recommend other draft BOSC agenda may fax their request Change in Bank Control Notices; materials or activities to facilitate and to Shirley R. Hamilton, (202) 565–2444. Acquisitions of Shares of Banks or support public information and The meeting is open to the public. Any Bank Holding Companies; Correction involvement in drinking water at the member of the public wishing to make federal, state, and local levels. a presentation at the meeting should This notice corrects a notice (FR Doc. 99-24884) published on page 51761 of The meeting is open to the public to contact Shirley Hamilton, Designated the issue for Friday, September 24, observe. The working group members Federal Officer, Office of Research and 1999. are meeting to gather information and to Development (8701R), 401 M Street, analyze relevant issues and facts, as SW., Washington, DC 20460; or by Under the Federal Reserve Bank of noted above. Statements from the public telephone at (202) 564–6853. In general, Kansas City heading, the entry for will be taken if time permits. each individual making an oral Samuel Mark Saunders, Gillette, presentation will be limited to a total of Wyoming, is revised to read as follows: For more information, please contact three minutes. A. Federal Reserve Bank of Kansas Marjorie Jones, Designated Federal FOR FURTHER INFORMATION CONTACT: City. Michael Manies, Assistant Vice Officer, Right-to-Know Working Group, Shirley R. Hamilton, Designated Federal President) 925 Grand Avenue, Kansas U.S. EPA, Office of Ground Water and Officer, U.S. Environmental Protection City, Missouri 64198-0001: Drinking Water, Mail Code 4601, 401 M Agency, Office of Research and Street SW, Washington, DC 20460. The 1. Samuel Mark Saunders and Lisa Development, NCERQA (MC 8701R), Ann Saunders, both of Gillette, telephone number is 202–260–4152 or 401 M Street, SW., Washington, DC E-mail [email protected]. Wyoming; to acquire voting shares of 20460, (202) 564–6853. First National Bank of Gillette Holding Dated: September 23, 1999. Dated: September 27, 1999. Company, Gillette, Wyoming, and Charlene E. Shaw, Peter W. Preuss, thereby indirectly acquire voting shares Designated Federal Officer, National Drinking Director, National Center for Environmental of First National Bank, Gillette, Water Advisory Council. Research and Quality Assurance. Wyoming. [FR Doc. 99–25558 Filed 9–30–99; 8:45 am] [FR Doc. 99–25565 Filed 9–30–99; 8:45 am] Comments on this application must BILLING CODE 6560±50±M BILLING CODE 6560±50±M be received by October 8, 1999.

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Board of Governors of the Federal Reserve pursuant to the Bank Holding Company Bancorp, Inc., Wadesboro, North System, September 27, 1999. Act of 1956 (12 U.S.C. 1841 et seq.) Carolina, and thereby indirectly acquire Robert deV. Frierson, (BHC Act), Regulation Y (12 CFR Part Anson Savings Bank, Inc., Wadesboro, Associate Secretary of the Board. 225), and all other applicable statutes North Carolina. [FR Doc. 99–25494 Filed 9–30–99; 8:45 am] and regulations to become a bank D. Federal Reserve Bank of Chicago BILLING CODE 6210±01±F holding company and/or to acquire the (Philip Jackson, Applications Officer) assets or the ownership of, control of, or 230 South LaSalle Street, Chicago, the power to vote shares of a bank or Illinois 60690-1413: FEDERAL RESERVE SYSTEM bank holding company and all of the 1. First Manitowoc Bancorp, Inc., banks and nonbanking companies Manitowoc, Wisconsin; to acquire 100 Change in Bank Control Notices; owned by the bank holding company, percent of the voting shares of capital Acquisitions of Shares of Banks or including the companies listed below. stock of Dairy State Financial Services, Bank Holding Companies The applications listed below, as well Plymouth, Wisconsin, by merging Dairy The notificants listed below have as other related filings required by the State Financial Services into FMB applied under the Change in Bank Board, are available for immediate Interim Corp., a wholly owned Control Act (12 U.S.C. 1817(j)) and § inspection at the Federal Reserve Bank subsidiary of First Manitowoc Bancorp, 225.41 of the Board’s Regulation Y (12 indicated. The application also will be Inc. and thereby acquire 100 percent of CFR 225.41) to acquire a bank or bank available for inspection at the offices of Dairy State Bank, Plymouth, Wisconsin. holding company. The factors that are the Board of Governors. Interested E. Federal Reserve Bank of St. Louis considered in acting on the notices are persons may express their views in (Randall C. Sumner, Vice President) 411 set forth in paragraph 7 of the Act (12 writing on the standards enumerated in Locust Street, St. Louis, Missouri 63102- U.S.C. 1817(j)(7)). the BHC Act (12 U.S.C. 1842(c)). If the 2034: The notices are available for proposal also involves the acquisition of 1. Arvest Bank Group, Inc., immediate inspection at the Federal a nonbanking company, the review also Bentonville, Arkansas; to acquire 100 Reserve Bank indicated. The notices includes whether the acquisition of the percent of the voting shares of The First also will be available for inspection at nonbanking company complies with the National Bank of Huntsville, Huntsville, the offices of the Board of Governors. standards in section 4 of the BHC Act Arkansas. Interested persons may express their (12 U.S.C. 1843). Unless otherwise F. Federal Reserve Bank of views in writing to the Reserve Bank noted, nonbanking activities will be Minneapolis (JoAnne F. Lewellen, indicated for that notice or to the offices conducted throughout the United States. Assistant Vice President) 90 Hennepin of the Board of Governors. Comments Unless otherwise noted, comments Avenue, P.O. Box 291, Minneapolis, must be received not later than October regarding each of these applications Minnesota 55480-0291: 15, 1999. must be received at the Reserve Bank 1. Rivers Ridge Holding Company, A. Federal Reserve Bank of Dallas indicated or the offices of the Board of Edina, Minnesota; to become a bank (W. Arthur Tribble, Vice President) 2200 Governors not later than October 25, holding company by acquiring 100 North Pearl Street, Dallas, Texas 75201- 1999. percent of the voting shares of 2272: A. Federal Reserve Bank of New BankVista, Sartell, Minnesota, a de novo 1. George Don Briant; D’Ruth York (Betsy Buttrill White, Senior Vice bank. Crosgrove; and Frank R. and Polly President) 33 Liberty Street, New York, Board of Governors of the Federal Reserve Farrar; all of Canadian, Texas; to retain New York 10045-0001: System, September 27, 1999. voting shares of First Canadian Bancorp, 1. Banco Portugues do Atlantico, S.A., Robert deV. Frierson, Inc., Canadian, Texas, and thereby Oporto, Portugal, and its affiliates, Associate Secretary of the Board. Banco Comerical Portugues, S.A. indirectly retain voting shares of The [FR Doc. 99–25496 Filed 9–30–99; 8:45 am] Oporto, Portugal, BCP-IF S.G.P.S., LDA, First National Bank of Canadian, BILLING CODE 6210±01±F Canadian, Texas. Lisbon, Portugal, and its subsidiaries, 2. Harlan R. Heitkamp, Corpus BPA International, S.G.P.S. Sociedade Christi, Texas; R. Scott Heitkamp, Unipessoal LDA, Maderia, Portugal, and FEDERAL RESERVE SYSTEM Corpus Christi, Texas; and James M. Banco Portugues do Atlantico (USA), May, M.D. , Corpus Christi, Texas; to Inc., Newark, New Jersey; to become Notice of Proposals to Engage in acquire additional voting shares of First bank holding companies by acquiring Permissible Nonbanking Activities or International Bancshares, Inc., Corpus 100 percent of the voting shares of to Acquire Companies that are Christi, Texas, and thereby indirectly Banco Portugues do Atlantico, National Engaged in Permissible Nonbanking acquire additional voting shares of Association, Newark, New Jersey. Activities Valuebank, Corpus Christi, Texas. B. Federal Reserve Bank of Cleveland (Paul Kaboth, Banking Supervisor) 1455 The companies listed in this notice Board of Governors of the Federal Reserve East Sixth Street, Cleveland, Ohio have given notice under section 4 of the System, September 27, 1999. Bank Holding Company Act (12 U.S.C. Robert deV. Frierson, 44101-2566: 1. F.N.B. Corporation, Hermitage, 1843) (BHC Act) and Regulation Y (12 Associate Secretary of the Board. Pennsylvania; to acquire 20 percent of CFR Part 225), to engage de novo, or to [FR Doc. 99–25497 Filed 9–30–99; 8:45 am] the voting shares of Sun Bancorp, Inc., acquire or control voting securities or BILLING CODE 6210±01±F Selinsgrove, Pennsylvania, and thereby assets of a company, including the indirectly acquire Sun Bank, companies listed below, that engages Selinsgrove, Pennsylvania. either directly or through a subsidiary or FEDERAL RESERVE SYSTEM C. Federal Reserve Bank of other company, in a nonbanking activity Formations of, Acquisitions by, and Richmond (A. Linwood Gill III, that is listed in § 225.28 of Regulation Mergers of Bank Holding Companies Assistant Vice President) 701 East Byrd Y (12 CFR 225.28) or that the Board has Street, Richmond, Virginia 23261-4528: determined by Order to be closely The companies listed in this notice 1. Uwharrie Capital Corp., Albemarle, related to banking and permissible for have applied to the Board for approval, North Carolina; to merge with Anson bank holding companies. Unless

VerDate 22-SEP-99 14:00 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\A01OC3.079 pfrm01 PsN: 01OCN1 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Notices 53391 otherwise noted, these activities will be Eccles Building is located on C Street, PLACE: 4th Floor, Conference Room conducted throughout the United States. Northwest, between 20th and 21st 4506, 1250 H Street, N.W., Washington, Each notice is available for inspection Streets. D.C. at the Federal Reserve Bank indicated. The Council’s function is to advise STATUS: Open. The notice also will be available for the Board on the exercise of the Board’s inspection at the offices of the Board of responsibilities under the Consumer MATTERS TO BE CONSIDERED: Governors. Interested persons may Credit Protection Act and on other 1. Approval of the minutes of the express their views in writing on the matters on which the Board seeks its September 13, 1999, Board member question whether the proposal complies advice. Time permitting, the Council meeting. with the standards of section 4 of the will discuss the following topics: 2. Thrift Savings Plan activity report BHC Act. Electronic Delivery of Disclosures by the Executive Director. Unless otherwise noted, comments Proposals. The Depository and Delivery regarding the applications must be Systems and the Consumer Credit 3. Review of KPMB Peat Marwick received at the Reserve Bank indicated Committees will lead a discussion about audit reports: or the offices of the Board of Governors the proposals to permit electronic not later than October 15, 1999. ‘‘Pension and Welfare Benefits delivery of federally mandated Administration Review of the Thrift A. Federal Reserve Bank of New disclosures under certain consumer Savings Plan System Enhancements York (Betsy Buttrill White, Senior Vice financial services and fair lending laws and Software Change Controls at the President) 33 Liberty Street, New York, such as the Truth in Lending and Equal New York 10045-0001: Credit Opportunity Acts. United States Department of 1. Landesbank Baden-Wurttemberg, Agriculture, National Finance Center Stuttgart, Federal Republic of Germany; Regulation B Proposal. The Bank Regulations Committee will lead a and Federal Retirement Thrift to engage de novo through its Investment Board’’ subsidiary, SuedLeasing (USA) Corp., discussion of proposed revisions to ‘‘Pension and Welfare Benefits New York, New York, in leasing Regulation B which implements the Administration Year 2000 Program activities in North America, pursuant to Equal Credit Opportunity Act. § 225.28 (b)(3) of Regulation Y. Subprime Lending. The Community Analysis of the Thrift Savings Plan at B. Federal Reserve Bank of Atlanta Affairs and Housing Committee will the Federal Retirement Thrift (Cynthia Goodwin, Vice President) 104 lead a discussion of issues regarding Investment Board and the U.S. Marietta Street, N.W., Atlanta, Georgia lenders’ subprime lending practices. Department of Agriculture, National 30303-2713: Members Forum. Individual Council Finance Center’’ 1. PAB Bankshares, Inc., Valdosta, members will present views on ‘‘Pension and Welfare Benefits Georgia; to acquire Baxley Federal economic conditions present within Administration Data Security Savings Bank, Baxley, Georgia, and their industries or local economies. Vulnerability Review at the United thereby engage in operating a savings Committee Reports. Council States Department of Agriculture, association, pursuant to § committees will report on their work. National Finance Center’’ 225.28(b)(4)(ii) of Regulation Y. Other matters previously considered Comments regarding this application by the Council or initiated by Council ‘‘Pension and Welfare Benefits must be received not later than October members also may be discussed. Administration Review of U.S. 25, 1999. Persons wishing to submit views to Department of Treasury Operations C. Federal Reserve Bank of Chicago the Council regarding any of the above relating to the Thrift Savings Plan (Philip Jackson, Applications Officer) topics may do so by sending written Investments in the Government 230 South LaSalle Street, Chicago, statements to Ann Bistay, Secretary of Securities Investment Fund’’ Illinois 60690-1413: the Consumer Advisory Council, ‘‘Pension and Welfare Benefits 1. Iowa State Bank Holding Company, Division of Consumer and Community Administration Review of the Thrift Des Moines, Iowa; to engage de novo Affairs, Board of Governors of the Savings Plan Annuity Operations at through its subsidiary, Capitol Partners, Federal Reserve System, Washington, the Metropolitan Life Insurance L.C., Des Moines, Iowa, in community D.C. 20551. Information about this Company’’ development activities, pursuant to § meeting may be obtained from Ms. 225.28(b)(12) of Regulation Y. Bistay, 202-452-6470. ‘‘Pension and Welfare Benefits Board of Governors of the Federal Reserve Telecommunications Device for the Deaf Administration Review of the Policies System, September 27, 1999. (TDD) users may contact Diane Jenkins, and Procedures of the Federal Robert deV. Frierson, 202-452-3544. Retirement Thrift Investment Board Associate Secretary of the Board. Board of Governors of the Federal Reserve Administrative Staff’’ System, September 27, 1999. [FR Doc. 99–25495 Filed 9–30–99; 8:45 am] CONTACT PERSON FOR MORE INFORMATION: Jennifer J. Johnson BILLING CODE 6210±01±F Thomas J. Trabucco, Director, Office of Secretary of the Board External Affairs, (202) 942–1640. Notice of Meeting of Consumer [FR Doc. 99–25490 Filed 9–30–99; 8:45AM] Dated: September 27, 1999. Advisory Council Billing Code 6210±01±F Elizabeth S. Woodruff, The Consumer Advisory Council will Secretary to the Board, Federal Retirement meet on Thursday, October 21, 1999. Thrift Investment Board. The meeting, which will be open to FEDERAL RETIREMENT THRIFT public observation, will take place at the [FR Doc. 99–25665 Filed 9–28–99; 4:47 pm] INVESTMENT BOARD Federal Reserve Board’s offices in BILLING CODE 6760±01±M Washington, D.C., in the Board Room of Sunshine Act Meeting the Eccles Building (2nd floor). The meeting will begin at 8:45 a.m. and is TIME AND DATE: 10:00 a.m. (EDT) October expected to conclude at 1:00 p.m. The 12, 1999.

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GENERAL SERVICES San Diego, California in order to provide SUMMARY: The Food and Drug ADMINISTRATION southbound vehicular inspection and to Administration (FDA) is announcing an convert the existing southbound lanes at opportunity for public comment on the Public Buildings Service the United States San Ysidro Port of proposed collection of certain Entry at San Diego, California to information by the agency. Under the Virginia Avenue Border Crossing/San northbound. Paperwork Reduction Act of 1995 (the Ysidro Port of Entry, San Diego, Alternatives to the proposed action PRA), Federal agencies are required to California; Notice of Intent; include: publish notice in the Federal Register Environmental Impact Statement A. Proposed Action: Construction of a concerning each proposed collection of AGENCY: Public Buildings Service, GSA. small facility, four to six inspection information, including each proposed extension of an existing collection of ACTION: Pursuant to the Council on lanes (initially) and inspection booths. information and to allow 60 days for Environmental Quality Regulations (40 The site complements the Government public comment in response to the CFR 1500–1508) implementing of Mexico’s planned new facility at El notice. This notice solicits comments on procedural provisions of the National Chaparral adjacent to Virginia Avenue information collection provisions Environmental Policy Act (NEPA), the to the south. relating to FDA’s electronic records and United States General Services B. Realignment of Inter-State Highway electronic signatures. Administration (GSA) hereby gives 5 to increase northbound inspection notice that said agency intends to lanes at the San Ysidro Port of Entry. DATES: Submit written comments on the prepare an EIS on the Virginia Avenue This action could affect an historical collection of information by November Border Crossing/San Ysidro Port of residential area in Tijuana as well as 30, 1999. Entry in San Diego, California. The traffic access to newly aligned lanes. ADDRESSES: Submit written comments proposed project would include The site is located to the east of the on the collection of information to the construction of a small facility, four to Government Mexico’s planned new Dockets Management Branch (HFA– six inspection lanes and inspection facility El Chaparral. 305), Food and Drug Administration, booths. The site compliments the C. No action-space for functions now 5630 Fishers Lane, rm. 1061, Rockville, Government of Mexico’s planned new located at the San Ysidro Port of Entry MD 20852. All comments should be facility located at El Chaparral adjacent will continue. identified with the docket number to Virginia Avenue to the south. D. Reasonable alternatives which may found in brackets in the heading of this or may not be within the authority of document. Alternatives: In addition to the GSA. If there are potentially a large FOR FURTHER INFORMATION CONTACT: proposed action, the EIS will examine number of alternatives, only a Karen L. Nelson, Office of Information two alternatives; realignment of Inter- reasonable number of examples Resources Management (HFA–250), State Highway 5 and no action or covering the full spectrum of Food and Drug Administration, 5600 continued use of the existing San Ysidro alternatives shall be analyzed. Fishers Lane, Rockville, MD 20857, Port Entry. Also, reasonable alternatives Public scoping will include: 301–827–1482. that may or may not be within the Scoping Meeting SUPPLEMENTARY INFORMATION: Under the authority of GSA will be examined. If Critical Issue(s) Meeting(s) PRA (44 U.S.C. 3501–3520) Federal there are potentially a large number of Public Review and Comment to Draft agencies must obtain approval from the alternatives, only a reasonable number EIS Office of Management and Budget of examples covering the full spectrum Draft EIS Review Meeting (OMB) for each collection of of alternatives shall be analyzed. Final EIS Meeting information they conduct or sponsor. Public Involvement: There will be FOR FURTHER INFORMATION CONTACT: ‘‘Collection of information’’ is defined several public meetings including, Sheryll White, General Services in 44 U.S.C. 3502(3) and 5 CFR Scoping, Critical Issue(s), Draft Review Administration, Portfolio Management 1320.3(c) and includes agency requests and Final EIS. There will also be public Division (9PT), 450 Golden Gate or requirements that members of the review and comment periods of the Avenue, 3rd Floor East, San Francisco, public submit reports, keep records, or Draft EIS. Further information may be California 94102, (415) 522–3488, Fax: provide information to a third party. obtained from: Ms. Sheryll White, U.S. (415) 522–3215. Section 3506(c)(2)(A) of the PRA (44 General Services Administration, Email:[email protected]. U.S.C. 3506(c)(2)(A)) requires Federal Portfolio Management Division (9PT), [FR Doc. 99–25538 Filed 9–30–99; 8:45 am] agencies to provide a 60-day notice in 450 Golden Gate Avenue, 3rd Floor the Federal Register concerning each BILLING CODE 6820±23±M East, San Francisco, CA 94102–2799, proposed collection of information, Telephone: (415) 522–3488. including each proposed extension of an Dated: September 23, 1999. existing collection of information, DEPARTMENT OF HEALTH AND before submitting the collection to OMB Aki K. Nakao, HUMAN SERVICES Deputy Regional Administrator, (9AD). for approval. To comply with this Food and Drug Administration requirement, FDA is publishing notice Notice of Intent To Prepare an EIS of the proposed collection of The General Services Administration [Docket No. 99N±4166] information set forth in this document. intends to prepare an Environmental With respect to the following Impact Statement (EIS) on the following Agency Information Collection collection of information, FDA invites project: Virginia Avenue Border Activities: Proposed Collection; comments on: (1) Whether the proposed Crossing/San Ysidro Port of Entry San Comment Request; Electronic collection of information is necessary Diego, California Records; Electronic Signature for the proper performance of FDA’s The General Services Administration AGENCY: Food and Drug Administration, functions, including whether the of the United States Government is HHS. information will have practical utility; proposing to expand the United States (2) the accuracy of FDA’s estimate of the ACTION: Notice. Border Crossing at Virginia Avenue in burden of the proposed collection of

VerDate 22-SEP-99 18:12 Sep 30, 1999 Jkt 183247 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\01OCN1.XXX pfrm11 PsN: 01OCN1 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Notices 53393 information, including the validity of provided the agency has stated its in combination with passwords. The the methodology and assumptions used; ability to accept the records reporting provision (§ 11.100) requires (3) ways to enhance the quality, utility, electronically in an agency-established persons to certify in writing to FDA that and clarity of the information to be public docket and that the other they will regard electronic signatures collected; and (4) ways to minimize the requirements of part 11 are met. used in their systems as the legally burden of the collection of information The recordkeeping provisions in part binding equivalent of traditional on respondents, including through the 11 (§§ 11.10, 11.30, 11.50, and 11.300) handwritten signatures. use of automated collection techniques, require standard operating procedures The burden created by the to assure appropriate use of, and when appropriate, and other forms of information collection provision of this precautions for, systems using information technology. regulation is a one-time burden electronic records and signatures: (1) associated with the creation of standard Electronic Records; Electronic § 11.10 specifies procedures and operating procedures, validation, and Signatures—Part 11 (21 CFR Part 11) controls for persons who use closed certification. The agency anticipates the (OMB Control Number 0910–0303)– systems to create, modify, maintain, or use of electronic media will Extension transmit electronic records; (2) § 11.30 substantially reduce the paperwork The Food and Drug Administration specifies procedures and controls for burden associated with maintaining (FDA) regulations in part 11 (21 CFR persons who use open systems to create, part 11) provide criteria for acceptance modify, maintain, or transmit electronic FDA required records. of electronic records, electronic records; (3) § 11.50 specifies procedures The respondents will be businesses signatures, and handwritten signatures and controls for persons who use and other for-profit organizations, state executed to electronic records as electronic signatures; and (4) § 11.300 or local governments, Federal agencies, equivalent to paper records. Under these specifies controls to ensure the security and nonprofit institutions. regulations, records and reports may be and integrity of electronic signatures FDA estimates the burden of this submitted to FDA electronically, based upon use of identification codes collection of information as follows:

TABLE 1.ÐESTIMATED ANNUAL REPORTING BURDEN

Annual 21 CFR Section No. of Frequency per Total Annual Hours per Total Hours Respondents Response Responses Response

11.100 4,500 1 4,500 1 4,500 1There are no capital costs or operating and maintenance costs associated with this collection of information.

TABLE 2.ÐESTIMATED ANNUAL RECORDKEEPING BURDEN

Annual Fre- 21 CFR Section No. of Record- quency of Rec- Total Annual Hours per Rec- Total Hours keepers ordkeeping Records ordkeeper

11.10 2,250 1 2,250 20 45,000 11.30 2,250 1 2,250 20 45,000 11.50 4,500 1 4,500 20 90,000 11.300 4,500 1 4,500 20 90,000 Total 270,000 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Dated: September 24, 1999. SUMMARY: The Food and Drug Food and Drug Administration, 7500 William K. Hubbard, Administration (FDA) is announcing the Standish Pl., Rockville, MD 20855. Send Senior Associate Commissioner for Policy, availability of a draft guidance entitled one self-addressed adhesive label to Planning and Legislation. ‘‘Guidance for Industry: Chemistry, assist the office in processing your [FR Doc. 99–25491 Filed 9–30–99; 8:45 am] Manufacturing and Control Changes to requests. Submit written comments to BILLING CODE 4160±01±F an Approved NADA or ANADA.’’ This the Dockets Management Branch (HFA– draft guidance is intended to provide 305), Food and Drug Administration, recommendations to holders of new 5630 Fishers Lane, rm. 1061, Rockville, DEPARTMENT OF HEALTH AND animal drug applications (NADA’s) and MD 20852. Comments should be HUMAN SERVICES abbreviated new animal drug identified with the full title of the draft applications (ANADA’s) on how they Food and Drug Administration guidance and the docket number found should report changes to such in brackets in the heading of this applications in accordance with document. See the SUPPLEMENTARY [Docket No. 99D±1651] proposed amended regulations that are INFORMATION section of this Guidance for Industry: Chemistry, found elsewhere in this issue of the Federal Register. document for electronic access to the Manufacturing and Control Changes to draft guidance. an Approved NADA or ANADA; DATES: Written comments should be Availability submitted by December 15, 1999. FOR FURTHER INFORMATION CONTACT: Dennis M. Bensley, Office of New ADDRESSES: Submit written requests for AGENCY: Food and Drug Administration, Animal Drug Evaluation (HFV–140), HHS. single copies of this draft guidance to the Communications Staff (HFV–12), Center for Veterinary Medicine, Food ACTION: Notice. Center for Veterinary Medicine (CVM),

VerDate 22-SEP-99 18:00 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\01OCN1.XXX pfrm01 PsN: 01OCN1 53394 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Notices and Drug Administration, 7500 Standish rights for or on any person and does not providing payment for cardiovascular Pl., Rockville, MD 20855, 301–827– operate to bind FDA or the public. An lifestyle modification program services 6956. alternative approach may be used if to Medicare beneficiaries. This SUPPLEMENTARY INFORMATION: such approach satisfies the requirement demonstration will test a proven and of the applicable statute, regulations, or intensive program designed to reduce or I. Background both. reverse the progression of Section 116 of the Food and Drug cardiovascular disease (CAD) of patients II. Comment Administration Modernization Act (the at risk for invasive treatment Modernization Act) amended the Interested persons may, on or before procedures. The demonstration will be Federal Food, Drug, and Cosmetic Act December 15, 1999, submit to the conducted over a 4-year period at an (the act) by adding section 506A (21 Dockets Management Branch (address estimated 15 sites. Enrollment is limited U.S.C. 356a). This section provides above) written comments regarding the to 1,800 Part B eligible Medicare requirements for making and reporting draft guidance. Two copies of any beneficiaries who satisfy clinical manufacturing changes to an approved comments are to be submitted, except admission criteria. application and for distributing a drug that individuals may submit one copy. We are preparing to expand this product made with such change. Comments are to be identified with the demonstration to at least one additional Elsewhere in this issue of the Federal docket number found in brackets in the nationwide, multi-site cardiovascular Register, FDA is proposing to amend its heading of this document. A copy of the lifestyle modification program. An regulations on supplements and other draft guidance and received comments announcement of this expanded changes to an approved application may be seen in the office above between demonstration to solicit interested § 514.8 (21 CFR 514.8) to conform to 9 a.m. and 4 p.m., Monday through programs is expected within the next section 506A of the act. Friday. several weeks. The purpose of this draft guidance is We will conduct an independent III. Electronic Access to provide recommendations to holders evaluation of both demonstrations to of NADA’s and ANADA’s who intend to Persons with access to the Internet compare the short-term and long-term make postapproval changes in may obtain the draft guidance using the outcomes and costs in providing this accordance with section 506A of the act World Wide Web (WWW). For WWW type of service for Medicare and the proposed amended regulations access, connect to CVM at ‘‘http:// beneficiaries. at § 514.8. The draft guidance covers www.fda.gov/cvm’’. recommended reporting categories for Authority: 42 U.S.C. 1395b–1(a)(1)(G) and Dated: June 23, 1999. (a)(2). postapproval changes for new animal drugs. Recommendations are provided Margaret M. Dotzel, (Catalog of Federal Domestic Assistance Acting Associate Commissioner for Policy. Program No. 93.774, Medicare— for postapproval changes in: (1) Supplementary Medical Insurance Program) Components and composition, (2) sites, [FR Doc. 99–25492 Filed 9–30–99; 8:45 am] Dated: September 14, 1999. (3) manufacturing process, (4) BILLING CODE 4160±01±F specification(s), (5) package, and (6) Michael M. Hash, miscellaneous changes. This draft Deputy Administrator, Health Care Financing guidance does not provide DEPARTMENT OF HEALTH AND Administration. recommendations on the specific HUMAN SERVICES [FR Doc. 99–25416 Filed 9–28–99; 8:45 am] information that should be developed BILLING CODE 4120±01±P by an applicant to validate the effect of Health Care Financing Administration the change on the identity, strength [HCFA±3025±N] (e.g., assay, content uniformity), quality DEPARTMENT OF HEALTH AND (e.g., physical, chemical, and biological Medicare Program; Notice of the HUMAN SERVICES properties), purity (e.g., impurities and Implementation of the Medicare Health Care Financing Administration degradation products), or potency (e.g., Lifestyle Modification Program biological activity, bioavailability, Demonstration Project [HCFA±1058±FN] bioequivalence) of a product as they AGENCY: Health Care Financing RIN 0938±AJ60 may relate to the safety or effectiveness Administration (HCFA), HHS. of the product. FDA has published Medicare Program; Sustainable ACTION: Notice. guidances, including the Scale-up and Growth Rate for Fiscal Year 2000 Postapproval Changes (SUPAC) SUMMARY: This notice announces our AGENCY: Health Care Financing guidances, that provide implementation of the Medicare recommendations on reporting Administration (HCFA), HHS. Lifestyle Modification Program categories and/or the type of ACTION: Demonstration. Lifestyle modification Final notice. information that should be developed programs are increasingly becoming an by the applicant to validate the effect of SUMMARY: This final notice announces approach to the secondary prevention of the change on the identity, strength, the fiscal year 2000 Sustainable Growth coronary disease morbidity. Such quality, purity, or potency of a product Rate (SGR) for expenditures for programs may reduce the incidence of as they may relate to the safety or physicians’ services under the Medicare hospitalizations and invasive effectiveness of the product. The draft Supplementary Medical Insurance (Part procedures among patients with guidance, which cites proposed § 514.8, B) program as required by section substantial coronary occlusion. will be revised based on public 1848(f) of the Social Security Act (the comments and implemented for use as FOR FURTHER INFORMATION CONTACT: Act). The SGR for fiscal year 2000 is 2.1 a companion document when § 514.8 is Armen Thoumaian, Ph.D. at (410) 786– percent. finalized. 6672, or [email protected]. EFFECTIVE DATE: The provisions of the This draft guidance represents the SUPPLEMENTARY INFORMATION: The Medicare SGR for fiscal year 2000 agency’s current thinking on this purpose of this demonstration is to test contained in this notice are effective on subject. It does not create or confer any the feasibility and effectiveness of October 1, 1999.

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FOR FURTHER INFORMATION CONTACT: result from changes in law or Factor 1—Changes in Fees for Raymond Bulls, (410) 786–7267. regulations, determined without taking Physicians’ Services (Before Applying SUPPLEMENTARY INFORMATION: into account estimated changes in Legislative Adjustments) for Fiscal Year expenditures resulting from the update 2000 I. Background adjustment factor determined under This factor was calculated as a A. Medicare Sustainable Growth Rate subsection (d)(3)(B), minus 1 and weighted average of the calendar year Section 1848(f) of the Social Security multiplied by 100.’’ 1999 and 2000 fee increases that apply Act (the Act), as amended by section B. Physicians’ Services during fiscal year 2000. 4503 of the Balanced Budget Act of 1997 Most of the fees for physicians’ (BBA) (Public Law 105–33), enacted on Because the scope of physicians’ services (as defined in section I. B. of August 5, 1997, replaces the volume services covered by the SGR is the same this final notice) are updated by the performance standard with a as the scope of services that was covered Medicare Economic Index (MEI). Sustainable Growth Rate (SGR) by the Medicare volume performance However, the BBA provided for a 0.0 standard. It specifies the formula for standards, we are using the same percent update in 1999 and 2000 for establishing yearly SGR targets for definition of physicians’ services for the laboratory services, which represents physicians’ services under Medicare. SGR in this notice as we did for the about 11 percent of the Medicare- The use of SGR targets is intended to Medicare volume performance allowed charges for physicians’ services. control the actual growth in Medicare standards published in the Federal The following table, therefore, shows expenditures for physicians’ services. Register (61 FR 59717) on November 22, both the MEI and laboratory service The SGR targets are not limits on 1996. That final notice announced the updates that were used in determining expenditures. Payments for services are fiscal year 1997 volume performance the percentage increase in physicians’ not withheld if the SGR target is standard rates and contained a detailed fees for fiscal year 2000. exceeded. Rather, the appropriate fee description of the scope of physicians’ schedule update, as specified in section services. MEDICARE ECONOMIC INDEX AND LAB- 1848(d)(3)(A) of the Act, is adjusted to II. Provisions of This Notice ORATORY SERVICE UPDATE FOR reflect the success or failure in meeting CALENDAR YEARS 1999 AND 2000 the SGR target. Under the requirements in sections Amended section 1848(f)(2) of the Act 1848(f)(2)(A) through (D) of the Act, as 1999 2000 states that ‘‘* * * the sustainable amended by section 4503 of the BBA, growth rate for all physicians’ services we have determined that the SGR for Medicare Economic for a fiscal year (beginning with fiscal physicians’ services for fiscal year 2000 Index ...... 2.3 2.3 year 1998) shall be equal to the product is 2.1 percent. Our determination is Laboratory Service ... 0.0 0.0 of— based on the following statutory factors: (A) 1 plus the Secretary’s estimate of After taking into account all the the weighted-average percentage Percent elements described above, we estimate Statutory factors change increase (divided by 100) in the fees for that the weighted-average increase in all physicians’ services in the fiscal year Fees ...... 2.1 fees for physicians’ services in fiscal involved; Enrollment ...... ¥1.6 year 2000, before applying any (B) 1 plus the Secretary’s estimate of Increase in Gross Domestic legislative adjustments to the MEI, will the percentage change (divided by 100) Product ...... 1.8 be 2.1 percent for all physicians’ in the average number of individuals Legislation ...... ¥0.2 services. enrolled under this part (other than Total ...... 2.1 Factor 2—The Percentage Change in the Medicare+Choice plan enrollees) from Average Number of Part B Enrollees the previous fiscal year to the fiscal year The specific calculations to determine From Fiscal Year 1999 to Fiscal Year involved; 2000 (C) 1 plus the Secretary’s estimate of the 2.1 percent SGR for physicians’ the projected percentage growth in real services for fiscal year 2000 are Due to the growth in gross domestic product per capita explained below. Medicare+Choice plan enrollees (whose Medicare-covered medical care is (divided by 100) from the previous III. Calculation of the Fiscal Year 2000 outside the scope of the SGR), we fiscal year to the year involved; and Sustainable Growth Rate (D) 1 plus the Secretary’s estimate of estimate that the average number of the percentage change (divided by 100) Our explanation of how we Medicare Part B enrollees, excluding in expenditures for all physicians’ determined the values for each of the those in Medicare+Choice plans, will services in the fiscal year (compared four factors used in determining the decline by 1.6 percent. This decline was with the previous fiscal year) which will SGR for fiscal year 2000 is as follows: derived as follows:

Average Medicare Part B enrollment (in millions) Fiscal year Overall, excluding Overall Medicare+Choice Medicare+Choice

1999 ...... 36.866 6.116 30.750 2000 ...... 37.178 6.917 30.261 Percent change ...... ¥1.6

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Factor 3—Estimated Real Gross interpreted to authorize adjustments for hospitals. That analysis must conform to Domestic Product Per Capita Growth in projection error. These commenters also the provisions of section 604 of the Fiscal Year 2000 suggested a number of different RFA. For purposes of section 1102(b) of Section 1848(f)(2)(C) of the Act, as approaches for making such the Act, we define a small rural hospital amended by section 4503 of the BBA, adjustments. The various approaches as a hospital that is located outside of suggested rely on later data. requires the Secretary to project real a Metropolitan Statistical Area and has Response: We do not believe that we gross domestic product per capita fewer than 50 beds. have the authority to make adjustments Legislative changes contained in the growth for the coming fiscal year. In based on Congressional intent because BBA will affect expenditures for calculating the SGR, we estimate that the statutory language clearly requires physicians’ services in fiscal year 2000, this growth will be 1.8 percent in fiscal that estimated values be used for although the impact will be slight, and year 2000. computing the SGR and there is no residual effects will result in fiscal year Factor 4—Percentage Change in provision for revising the estimates to 2000 from the calendar year Expenditures for Physicians’ Services reflect later data. Our actions are implementation of these changes. Resulting From Changes in Law or controlled by the clear statutory We are not preparing an analysis for Regulations in Fiscal Year 2000 language. Thus, we will not be able to either the RFA or section 1102(b) of the Compared With Fiscal Year 1999 make adjustments to the SGR based on Act because we have determined, and later data. the Secretary certifies, that this notice Legislative changes contained in the However, the Administration’s will not have a significant economic BBA will have some residual effects on legislative package for fiscal year 2000, impact on a substantial number of small expenditures for physicians’ services in released in February 1999, contains a entities or on the operations of a fiscal year 2000. In addition, there are legislative proposal to adjust the SGR if substantial number of small rural some miscellaneous provisions that will later data are different from earlier hospitals. have a small impact. estimates, as well as to address issues In accordance with the provisions of Taking into account all of the changes relating to the instability of the SGR Executive Order 12866, this notice was in law or regulation that may affect discussed below. The changes proposed reviewed by the Office of Management expenditures for physicians’ services, are all budget neutral. If Congress enacts and Budget. the decrease in expenditures for this proposal for fiscal year 2000, we We have reviewed this final notice physicians’ services is estimated to be would revise the SGR for fiscal year under the threshold criteria of Executive ¥0.2 percent. 2000 as appropriate. Order 13132 of August 4, 1999, and have determined that it does not IV. The Use of Estimates in Computing V. Technical Problems With the significantly affect the rights, roles, and the Sustainable Growth Rate Sustainable Growth Rate System responsibilities of States. Section 1848(f) of the Act clearly We have begun to forecast the SGR for requires that each year, the Secretary (Sections 1848(d) and (f) of the Social future years, and it appears that there is Security Act) (42 U.S.C. 1395w–4(d) and (f)) establish the SGR for the upcoming some instability in the SGR system. In (Catalog of Federal Domestic Assistance fiscal year beginning October 1 based on the long-term, updates could oscillate the Secretary’s estimate[s] of four Program No. 93.774, Medicare— between the maximum increase and Supplementary Medical Insurance Program) factors: The percentage increase in decrease adjustments due to the use of physicians’ fees, the percentage increase Dated: September 1, 1999. mismatched time periods and the lag Michael M. Hash, in fee-for-service enrollment, the between measurement periods. The projected percentage growth in per Deputy Administrator, Health Care Financing solution would be technical and would Administration. capita gross domestic product, and the involve the matching of time periods for Approved: September 20, 1999. percentage change in expenditures for the SGR calculation, the actual versus Donna E. Shalala, physicians’ services resulting from target measurement, and the update changes in law or regulations. Because adjustment. As discussed above the Secretary. the calculation of the SGR for a given Administration has submitted a [FR Doc. 99–25527 Filed 9–28–99; 9:58 am] year is based on projected values, legislative proposal to the Congress that BILLING CODE 4120±01±P updates may be either lower or higher will address these factors and result in than they would have been if we had less oscillation in the physician fee used later data. Thus, we initially schedule update. DEPARTMENT OF HEALTH AND considered revising estimates of the HUMAN SERVICES factors used in setting the SGR when VI. Regulatory Impact Statement later data had become available. Consistent with the Regulatory Health Resources And Services However, as we indicated in the notice Flexibility Act (RFA) (5 U.S.C. 601 Administration with comment period published in the through 612), we prepare a regulatory Agency Information Collection Federal Register (63 FR 59188) on flexibility analysis unless we certify that Activities: Proposed Collection: November 2, 1998, we had concerns a notice will not have a significant Comment Request about whether we had the statutory economic impact on a substantial authority to make these revisions under number of small entities. For purposes In compliance with the requirement current law and invited comments of the RFA, we treat all physicians and for opportunity for public comment on regarding how an adjustment could be suppliers as small entities. Individuals proposed data collection projects made consistent with the law. The and States are not included in the (section 3506(c)(2)(A) of Title 44, United comments we received and our response definition of a small entity. States Code, as amended by the are discussed below. Also, section 1102(b) of the Act Paperwork Reduction Act of 1995, Comment: The American Medical requires us to prepare a regulatory Public Law 104–13), the Health Association and numerous physician impact analysis if a notice may have a Resources and Services Administration organizations suggested that significant impact on the operations of (HRSA) publishes periodic summaries congressional intent should be a substantial number of small rural of proposed projects being developed

VerDate 22-SEP-99 14:00 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\A01OC3.166 pfrm01 PsN: 01OCN1 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Notices 53397 for submission to OMB under the service utilization, and health indicators usefulness of these data for planning Paperwork Reduction Act of 1995. To of all clients receiving services at and evaluation purposes at both the request more information on the providers funded by the Ryan White local and national level has become proposed project or to obtain a copy of Comprehensive AIDS Resources increasingly evident. A number of client the data collection plans and draft Emergency (CARE) Act are collected level analyses that were not possible instruments, call the HRSA Reports twice each year. A unique identifier is with the AAR have been undertaken. Clearance Officer on (301) 443–1891. used to protect the anonymity of the In addition to meeting the goal of Comments are invited on: (a) Whether clients, and as a further safeguard, this accountability to Congress, clients, the proposed collection of information unique identifier is encrypted before it advocacy groups, and the general is necessary for the proper performance is sent to HRSA. public, the URS supports critical efforts of the functions of the agency, including by HRSA, state and local grantees, and whether the information shall have HRSA initiated the URS to demonstrate (1) the feasibility of providers to assess the health outcomes practical utility; (b) the accuracy of the and the service utilization patterns of agency’s estimate of the burden of the collecting client level demographic and service data on HIV/AIDS infected/ the individuals at these sites who are proposed collection of information; (c) infected or affected by HIV/AIDS and ways to enhance the quality, utility, and affected clients across a network of service providers and (2) the usefulness receive care at a provider funded by the clarity of the information to be Ryan White CARE Act. collected; and (d) ways to minimize the of these data for planning and Outcome specific and treatment burden of the collection of information evaluation purposes at both the local measures are collected in the data on respondents, including through the and national levels. Through this use of automated collection techniques system, HRSA sought to overcome the system; these will be asked only of or other forms of information limitations of the Annual medical providers. These data elements technology. Administrative Report (AAR), the seek to document whether current national reporting system for the Ryan standards of care as established by the Proposed Project: Uniform Reporting White CARE Act. The AAR collects data Public Health Service are being adhered System Client Demonstration Project aggregated at the grantee level and has to at these Ryan White CARE Act (URS): NEW duplicated counts of clients. The facilities. The core set of data elements The Uniform Reporting System Client number of clients reported in the AAR are largely unchanged from the AAR. Demonstration Project (URS) was overestimates by approximately the true Minor changes in the demographic data established in 1994 to collect number of clients. In addition, AAR elements have been made as a result of information from several Title I and data are not tied to any clinical or meetings and input from the current Title II grantees and their subcontracted service outcome information at the URS grantees and their providers. service providers about their individual client level. The feasibility of collecting The estimated response burden is as clients. Demographic information, client data has been demonstrated. The follows:

Responses Medical records source Number of per re- Burden hour Total bur- respondents spondent den hours

Medical Providers ...... 27,000 1 4 108,000 Case Managers, Mental Health, Substance Abuse Providers ...... 32,000 1 1 32,000 Other Providers ...... 35,000 1 .5 17,500

Total ...... 94,000 ...... 157,500

Send comments to Susan G. Queen, DEPARTMENT OF HOUSING AND FOR FURTHER INFORMATION CONTACT: Ms. Ph.D., HRSA Reports Clearance Officer, URBAN DEVELOPMENT Sue Miller, Department of Housing and Room 14–33, Parklawn Building, 5600 Urban Development, 451 7th Street, Fishers Lane, Rockville, MD 20857. [Docket No. FR±4446±N±07] Southwest, Washington, DC 20410, Written comments should be received telephone (202) 708–1577. This is not a within 60 days of this notice. Announcement of OMB Approval toll-free number. Number for Community Development Dated: September 24, 1999. SUPPLEMENTARY INFORMATION: In Block Grant (CDBG) Urban Country Jane Harrison, accordance with the Paperwork and New York Towns Qualification/ Reduction Act of 1995 (44 U.S.C. Director, Division of Policy Review and Requalification Processes Coordination. Chapter 35, as amended), this notice advises that OMB has responded to the [FR Doc. 99–25555 Filed 9–30–99; 8:45 am] AGENCY: Office of the Assistant Department’s request for approval of the BILLING CODE 4160±15±P Secretary for Community Planning and Development, HUD. information collection pertaining to Community Development Block Grant ACTION: Announcement of OMB (CDBG) Urban Country and New York Approval Number. Towns Qualification/Requalification SUMMARY: The purpose of this notice is Processes. The OMB approval number to announce the OMB approval number for this information collection is 2506– for the collection of information 0170, which expires on September 30, pertaining to Community Development 2002. Block Grant (CDBG) Urban Country and An agency may not conduct or New York Towns Qualification/ sponsor, and a person is not required to Requalification Processes. respond to, a collection of information,

VerDate 22-SEP-99 14:00 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\A01OC3.169 pfrm01 PsN: 01OCN1 53398 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Notices unless it displays a currently valid OMB this proposal. Comments should refer to (3) A brief description of the need for control number. the proposal by name and/or OMB the information and proposed use of the Dated: September 27, 1999. Control Number and should be sent to: information; Kenneth Williams, Joseph F. Lackey, Jr., HUD Desk Officer, (4) A description of the likely Office of Management and Budget, Deputy Assistant Secretary for Grant respondents, including the estimated Programs. Room 10235, New Executive Office number of likely respondents, and [FR Doc. 99–25633 Filed 9–30–99; 8:45 am] Building, Washington, DC 20503. proposed frequency of response to the collection of information; BILLING CODE 4210±29±M FOR FURTHER INFORMATION CONTACT: Wayne Eddins, Reports Management (5) An estimate of the total annual Officer, Department of Housing and reporting and recordkeeping burden that DEPARTMENT OF HOUSING AND Urban Development, 451 Seventh Street, will result from the collection of URBAN DEVELOPMENT SW, Washington, DC 20410, telephone information; An agency may not conduct or [Docket No. FR±4441±N±49] (202) 708–2374 (This is not a toll-free number) or e-mail to sponsor, and a person is not required to respond to, a collection of information Submission for OMB Review: Personal [email protected]. Copies of Financial and Credit Statement the available documents submitted to unless collection displays a valid OMB may be obtained from Mr. Eddins. control number. AGENCY: Office of the Chief Information Title: Personal Financial and Credit Officer, HUD. SUPPLEMENTARY INFORMATION: statement. ACTION: Notice of proposed information The Department has submitted the OMB Control Number: 2502–0001. collection requirement. proposal for the collection of Type of submission: Reinstate without information, as described below, to Change. SUMMARY: The proposed information OMB for review as required by the Need and use of the information: The collection requirement described has Paperwork Reduction Act (44 U.S.C. information to be collected describes the been submitted to the Office of Chapter 35). An agency may not financial capacity, reputation, Management and Budget (OMB) to conduct or experience and ability of the project review, as required by the Paperwork sponsor. The information is used to SUPPLEMENTARY INFORMATION: This Reduction Act. The Department is determine whether the sponsor will be notice contains the following soliciting comments on the public able to develop a successful project. information: comments on the subject proposal. Form Number: HUD–92417. DATES: Comments Due Date: November (1) The title for the collection of Respondents: Individuals of business 1, 1999. information; entities, private non-profit corporations, ADDRESSES: Interested persons are (2) A summary of the collection of and general contractors. invited to submit comments regarding information; Reporting Burden:

Frequency of Hours per Total burden Number of respondents x response x response = hours

8,000 ...... 1 .... 8 .... 64,000

Contact: Peter Giaquinto, HUD (202) SUMMARY: This Notice identifies buildings and real property controlled 708–4162, Joseph Lackey, OMB, (202) unutilized, underutilized, excess, and by such agencies or by GSA regarding 395–7316. surplus Federal property reviewed by its inventory of excess or surplus Authority: Section 3507 of the Paperwork HUD for suitability for possible use to Federal property. This Notice is also Reduction Act of 1995, 44 U.S.C. Chapter 35, assist the homeless. published in order to comply with the as amended. FOR FURTHER INFORMATION CONTACT: December 12, 1988 Court Order in Dated: September 24, 1999. Clifford Taffet, room 7266, Department National Coalition for the Homeless v. Wayne Eddins, of Housing and Urban Development, Veterans Adminstration, No. 88–2503– OG (D.D.C.). Reports Management Officer, Office of the 451 Seventh Street SW, Washington, DC Chief Information Officer. 20410; telephone (202) 708–1234; TTY Properties reviewed are listed in this [FR Doc. 99–25634 Filed 9–30–99; 8:45 am] number for the hearing- and speech- Notice according to the following BILLING CODE 4210±01±M impaired (202) 708–2565 (these categories: Suitable/available, suitable/ telephone numbers are not toll-free), or unavailable, suitable/to be excess, and call the toll-free Title V information line unsuitable. The properties listed in the DEPARTMENT OF HOUSING AND at 1–800–927–7588. three suitable categories have been URBAN DEVELOPMENT SUPPLEMENTARY INFORMATION: In reviewed by the landholding agencies, accordance with 24 CFR part 581 and and each agency has transmitted to [Docket No. FR±4432±N±39] section 501 of the Stewart B. McKinney HUD: (1) Its intention to make the Homeless Assistance Act (42 U.S.C. property available for use to assist the Federal Property Suitable as Facilities 11411), as amended, HUD is publishing homeless, (2) its intention to declare the To Assist the Homeless this Notice to identify Federal buildings property excess to the agency’s needs, or and other real property that HUD has (3) a statement of the reasons that the AGENCY: Office of the Assistance reviewed for suitability for use to assist property cannot be declared excess or Secretary for Community Planning and the homeless. The properties were made available for use as facilities to Development, HUD. reviewed using information provided to assist the homeless. HUD by Federal landholding agencies Properties listed as suitable/available ACTION: Notice. regarding unitilized and underutilized will be available exclusively for

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Cocks, Reason: Extensive deterioration assistance providers interested in any Department of the Navy, Director, Real Bldg. 432 such property should send a written Estate Policy Division, Naval Facilities Naval Weapons Station Seal Beach expression of interest to HHS, addressed Engineering Command, Washington Seal Beach Co: CA 90740–5000 to Brian Rooney, Division of Property Landholding Agency: Navy Navy Yard, 1322 Patterson Ave., SE, Property Number: 77199930106 Management, Program Support Center, Suite 1000, Washington, DC 20374– Status: Unutilized HHS, room 5B–41, 5600 Fishers Lane, 5065; (202) 685–9200; (These are not Reason: Extensive deterioration Rockville, MD 20857; MD 20857; (301) toll-free numbers). Bldg. 433 443–2265. (This is not a toll-free Dated: September 23, 1999. Naval Weapons Station Seal Beach number.) HHS will mail to the Fred Karnas, Jr., Seal Beach Co: CA 90740–5000 interested provider an application Landholding Agency: Navy packet, which will include instructions Deputy Assistant Secretary for Economic Property Number: 77199930107 Development. for completing the application. In order Status: Unutilized to maximize the opportunity to utilize a Title V, Federal Surplus Property Program Reason: Extensive deterioration suitable property, providers should Federal Register Report for 10/1/99 Bldg. 435 Naval Weapons Station Seal Beach submit their written expressions of Suitable/Available Properties interest as soon as possible. For Seal Beach Co: CA 90740–5000 Landholding Agency: Navy complete details concerning the Buildings (by State) Missouri Property Number: 77199930108 processing of applications, the reader is Status: Unutilized encouraged to refer to the interim rule Bldg. 82 Reason: Extensive deterioration governing this program, 24 CFR part Kansas City Plant Bldg. 456 581. Bannister Road Naval Weapons Station Seal Beach For properties listed as suitable/to be Kansas City Co: MO 00000– Seal Beach Co: CA 90740–5000 excess, that property may, if Landholding Agency: Energy Landholding Agency: Navy subsequently accepted as excess by Property Number: 41199930031 Property Number: 77199930109 Status: Excess GSA, be made available for use by the Status: Unutilized Comment: 128 sq. ft., concrete, off-site use Reason: Extensive deterioration homeless in accordance with applicable only Bldg. 921 law, subject to screening for other Bldg. 83 Federal use. At the appropriate time, Naval Weapons Station Seal Beach Kansas City Plant Seal Beach Co: CA 90740–5000 HUD will publish the property in a Bannister Road Notice showing it as either suitable/ Landholding Agency: Navy Kansas City Co: MO 00000– Property Number: 77199930110 available or suitable/unavailable. Landholding Agency: Energy Status: Unutilized For properties listed as suitable/ Property Number: 41199930032 Reason: Extensive deterioration unavailable, the landholding agency has Status: Excess decided that the property cannot be Comment: 166 sq. ft., concrete, off-site use Colorado declared excess or made available for only Bldg. 714 A/B use to assist the homeless, and the Pennsylvania Rocky Flats Env. Tech Site property will not be available. Golden Co: Jefferson CO 80020– Rices Landing Landholding Agency: Energy Properties listed as unsuitable will Tracts A–L, & 1–4 # Property Number: 41199930021 not be made available for any other Old Lock & Dam 6 Status: Underutilized purpose for 20 days from the date of this Rices Landing Co: Greene PA 15357– Reasons: Within 2000 ft. of flammable or Notice. Homeless assistance providers Landholding Agency: GSA explosive material; Secured Area Property Number: 54199930009 interested in a review by HUD of the Bldg. 717 determination of unsuitability should Status: Excess Comment: 2 residences—1400 sq. ft. ea., need Rocky Flats Env. Tech Site call the toll free information line at 1– repairs, 1 metal warehouse, 1 shed, Golden Co: Jefferson CO 80020– 800–927–7588 for detailed instructions possible asbestos/lead paint Landholding Agency: Energy or write a letter to Clifford Taffet at the GSA Number: 4–D–PA–0786 Property Number: 41199930022 address listed at the beginning of this Status: Underutilized Notice. Included in the request for Land (by State) Reasons: Within 2000 ft. of flammable or explosive material; Secured Area review should be the property address Louisiana Bldg. 770 (including zip code), the date of Sulphur Mines Well Site Rocky Flats Env. Tech Site Highway 90–W publication of the Federal Register, the Golden Co: Jefferson CO 80020– Sulphur Co: Calcasieu Parish LA 70663– landholding agency, and the property Landholding Agency: Energy Landholding Agency: GSA number. Property Number: 41199930023 Property Number: 54199930026 For more information regarding Status: Underutilized Status: Surplus particular properties identified in this Reasons: Within 2000 ft. of flammable or Comment: 68.02 acres w/4 capped brine explosive material; Secured Area Notice (i.e., acreage, floor plan, existing injection wells, majority of land densely sanitary facilities, exact street address), wooded, located on Gulf Coastal Plain Bldg. 771 providers should contract the GSA Number: 7–B–UT–431–M Rocky Flats Env. Tech Site appropriate landholding agencies at the Golden Co: Jefferson CO 80020– following addresses: ENERGY: Mr. Tom Unsuitable Properties Landholding Agency: Energy Property Number: 41199930024 Knox, Department of Energy, Office of Buildings (by State) Status: Underutilized Contract & Resource Management, MA– California Reasons: Within 2000 ft. of flammable or 53, Washington, DC 20585; (202) 586– Bldg. 206 explosive material; Secured Area 8715; GSA: Mr. Brian K. Polly, Assistant Naval Weapons Station Seal Beach Bldg. 771B Commissioner, General Services Seal Beach Co: CA 90740–5000 Rocky Flats Env. Tech Site Administration, Office of Property Landholding Agency: Navy Golden Co: Jefferson CO 80020– Disposal, 18th and F Streets, NW, Property Number: 77199930105 Landholding Agency: Energy

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Property Number: 41199930025 Status: Excess those that are completely eliminated Status: Underutilized Reason: Secured Area and removed, but also those that are Reasons: Within 2000 ft. of flammable or Bldg. 858 significantly changed but not removed. explosive material; Secured Area Puget Sound Naval Shipyard For example, the regulatory parts, Bldg. 771C Bremerton Co: WA 98314–5000 subparts and sections listed in this Rocky Flats Env. Tech Site Landholding Agency: Navy notice include regulatory provisions and Golden Co: Jefferson CO 80020– Property Number: 77199930104 Landholding Agency: Energy Status: Excess requirements that are no longer in use Property Number: 41199930026 Reason: Secured Area or applicable at all as a result of the Status: Underutilized Public Housing Reform Act, as well as Reasons: Within 2000 ft. of flammable or [FR Doc. 99–25260 Filed 9–30–99; 8:45 am] regulatory requirements that are still explosive material; Secured Area BILLING CODE 4210±29±M generally applicable to HUD programs Bldg. 772–772A but that are significantly changed by the Rocky Flats Env. Tech Site Public Housing Reform Act and are DEPARTMENT OF HOUSING AND Golden Co: Jefferson CO 80020– being revised through rulemaking. Landholding Agency: Energy URBAN DEVELOPMENT Regulations Property Number: 41199930027 [Docket No. FR±4434±N±04] Status: Underutilized A. Portions of the following Reasons: Within 2000 ft. of flammable or Notice of Obsolete Public Housing explosive material; Secured Area regulations in title 24 of the CFR were Documents Bldg. 773 made obsolete by the Public Housing Rocky Flats Env. Tech Site AGENCY: Office of Public and Indian Reform Act and have been or are being Golden Co: Jefferson CO 80020– Housing, HUD. revised to reflect the changes: Landholding Agency: Energy ACTION: Notice of obsolete Public Part 5—General HUD Program Property Number: 41199930028 Requirements; Waivers. Status: Underutilized Housing documents pursuant to section 503(d) of the Public Housing Reform Part 761—Drug Elimination Program. Reasons: Within 2000 ft. of flammable or Part 904—Low Rent Housing explosive material; Secured Area Act. Homeownership Opportunities Bldg. 774 SUMMARY: The purpose of this notice is (Turnkey III)—obsolete except as to Rocky Flats Env. Tech Site Golden Co: Jefferson CO 80020– to publish a list of the documents issued existing projects. Landholding Agency: Energy or promulgated under the United States Part 906—Section 5(h) Homeownership Property Number: 41199930029 Housing Act of 1937 that are or will be Program—obsolete except as to Status: Underutilized obsolete because of the enactment of the existing projects. Reasons: Within 2000 ft. of flammable or Public Housing Reform Act. Part 945—Designated Housing— explosive material; Secured Area FOR FURTHER INFORMATION CONTACT: Rod obsolete; superseded by statutory Missouri Solomon, Deputy Assistant Secretary for changes made by the Housing Bldg. 81 Policy, Program and Legislative Opportunity Program Extension Act Kansas City Plant Initiatives, Office of Public and Indian of 1996. Now being administered by Bannister Road Kansas City Co: MO 00000– Housing, Department of Housing and Notice. The Public Housing Reform Landholding Agency: Energy Urban Development, 451 Seventh Street, Act made a few changes. Property Number: 41199930030 SW, Room 4116, Washington, DC 20410, Part 960—Admission to, and Occupancy Status: Excess telephone (202) 708–0713. Hearing or of, Public Housing. Reason: Within 2000 ft. of flammable or Part 964—Tenant Participation and explosive material speech-impaired individuals may access this number via TTY by calling the toll- Tenant Opportunities in Public New Jersey free Federal Information Relay Service Housing. Units C33 and C34 at 1–800–877–8339. Part 965—PHA Owned or Leased Princeton Plasma Physics Lab SUPPLEMENTARY INFORMATION: This list of Projects, General Provisions. Princeton Co: Mercer NJ 08540– Part 966—Lease and Grievance Landholding Agency: Energy documents relating to public housing Property Number: 41199930020 and Section 8 tenant-based assistance is Procedures. Status: Excess published in accordance with Section Part 969—PHA-owned Projects, Reason: Extensive deterioration 503(d) of the Quality Housing and Work Continued Operation. Washington Responsibility Act of 1998 (Title V of Part 970—Demolition or Disposition of Pub.L. 105–276, 112 Stat. 2461, Public Housing. Bldg. 166 Part 982—Section 8 Tenant-based Puget Sound Naval Shipyard approved October 21, 1998) (Public Bremerton Co: WA 98314–5000 Housing Reform Act). Section 503(d) Assistance. Landholding Agency: Navy requires the Secretary of HUD to publish Part 984—Section 8 and Public Housing Property Number: 77199930101 in the Federal Register a list of all rules, Self-Sufficiency. Status: Excess regulations, and orders (including all Part 985—Section 8 Management Reason: Secured Area handbooks, notices and related Assessment Program. Bldg. 287 requirements) pertaining to public B. The Public Housing Reform Act Puget Sound Naval Shipyard housing or section 8 tenant-based also has the following effects: Bremerton Co: WA 98314–5000 programs issued or promulgated under Part 941 (Development) and Part 968 Landholding Agency: Navy (Modernization), although made Property Number: 77199930102 the United States Housing Act of 1937 Status: Excess before the date of the enactment of the obsolete for future years, remain in Reason: Secured Area Public Housing Reform Act that became effect pending issuance of final Bldg. 418 or will become obsolete because of the regulations to implement the Public Puget Sound Naval Shipyard enactment of the Public Housing Reform Housing Reform Act changes. Once Bremerton Co: WA 98314–5000 Act, or are otherwise obsolete. regulations for the Capital Fund are Landholding Agency: Navy In identifying requirements as issued, Parts 941 and 968 will be Property Number: 77199930103 ‘‘obsolete,’’ this notice lists not only discontinued. Part 969 (PHA-Owned

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Projects—Continued Operation as Low- 8. 7460.5 The Public Housing (applicants). The proposed permit Income Housing After Completion of Management Handbook. would authorize incidental take of 16 Debt Service) also may be covered by 9. 7465.1 Public Housing Occupancy federally listed species. The proposed the new Capital Fund regulation. Handbook. taking of these species would be Part 990, Annual Contributions for 10. 7475.1 Low-Income Housing incidental to the implementation of the Operating Subsidy, remains in effect Financial Management Handbook. San Joaquin County Multi-Species pending negotiated rulemaking on the 11. 7475.2 Performance Funding Habitat Conservation and Open Space Operating Fund and issuance of System. Plan, which provides, in part, for the pertinent revisions to the regulations. 12. 7476.1 Audits of Public Housing conversion of open space to non-open Agencies and Indian Housing space uses. The proposed permit also Handbooks Authorities. would authorize future incidental take A. The following program handbooks, 13. 7486.1 Public Housing Demolition, of 84 currently unlisted species, should made obsolete by the Public Housing Disposition and Conversion. any of them become listed under the Act Reform Act, remain in effect but 14. 7495.3 Low-Rent Homeownership during the life of the permit. The ultimately will be revised, replaced or Opportunities Handbook. proposed permit duration is 50 years. eliminated: Notices The permit application, available for 1. 7417.1 Public Housing Development public review, includes a Habitat Handbook. Notices generally expire within a year Conservation Plan (Plan) which 2. 7420.3 Section 8 Housing from the date of issuance. Notices describes the proposed program and Assistance Payments Program. necessary for implementing changes mitigation, and the accompanying 3. 7420.6 Housing Assistance made by the Public Housing Reform Act Implementing Agreement. Payments Program Accounting. have been or will be issued and those The Service also announces the 4. 7420.6 Section 8 Rental Certificate, made obsolete have expired. Program availability of a joint draft Rental Voucher and Moderate guides and documents are being revised Environmental Impact Statement/ Rehabilitation. as necessary or discontinued to meet the Environmental Impact Report (Impact 5. 7430.1 Low-Income Leased Housing requirements of the Public Housing Statement/Report) for the incidental (guide). Reform Act. take permit application. All comments 6. 7410.1 Public and Indian Housing Dated: September 29, 1999. received, including names and Low-Rent Technical Accounting Deborah Vincent, addresses, will become part of the Guide. General Deputy Assistant Secretary for Public official administrative record and may 7. 7460.5 Public Housing Management and Indian Housing. be made available to the public. Assessment Program. PUBLIC HEARING: A public hearing will 8. 7485.1 Public and Indian Housing [FR Doc. 99–25706 Filed 9–29–99; 2:36 pm] BILLING CODE 4210±33±P be held November 9, 1999, from 6:00 Comprehensive Improvement p.m. to 8:00 p.m. at the Hutchens Street Assistance Program. Square, 125 South Hutchens St., Lodi, 9. 7485.3 Public and Indian Housing California. For additional hearing Comprehensive Grant Program DEPARTMENT OF THE INTERIOR information, contact Ms. Amy Handbook. Augustine at (209) 532–7376. Oral and 10. 7560.1 Public and Indian Housing Fish and Wildlife Service written comments will be received at Development and Modernization Availability of an Environmental Impact the meeting. Fund. Statement/Environmental Impact 11. 7465.1 Public Housing Occupancy DATES: Written comments should be Report and Receipt of an Application Audit Handbook. received on or before January 7, 2000. for an Incidental Take Permit for the 12. 7465.2 Public Housing Occupancy ADDRESSES: Comments should be San Joaquin County Multi-Species Reporting Handbook. addressed to the Field Supervisor, Fish 13. 7475.1 Financial Management Habitat Conservation and Open Space and Wildlife Service, Sacramento Fish Handbook (guide). Plan in California and Wildlife Office, 2800 Cottage Way, B. The Department, in its effort to AGENCY: Fish and Wildlife Service, W–2605, Sacramento, California 95825. simply program administration for its Interior. Written comments may be sent by partners, previously discontinued the ACTION: Notice of availability. facsimile to (916) 414–6711. following handbooks: FOR FURTHER INFORMATION CONTACT: Ms. 1. 7401.1 Low-Rent Housing SUMMARY: The San Joaquin Council of Cay C. Goude, Assistant Field Administration of Programs Governments has applied to the Fish Supervisor, at the above address, Handbook. and Wildlife Service (Service) for an telephone (916) 414–6601. 2. 7401.2 Low-Rent Housing incidental take permit pursuant to SUPPLEMENTARY INFORMATION: section 10(a)(1)(B) of the Endangered Administrative Practices Guide. Availability of Documents 3. 7401.5 Low-Income Housing Species Act of 1973, as amended (Act). Property/Casualty Insurance The San Joaquin Council of Individuals wishing copies of the Handbook. Governments has applied on behalf of application, draft Impact Statement/ 4. 7401.7 Public Housing Agency the cities of Escalon, Lathrop, Lodi, Report, Plan, and Implementing Personnel Policies (Part I). Manteca, Ripon, Stockton, and Tracy; Agreement for review should 5. 7401.7 Public Housing Agency San Joaquin County; the East Bay immediately contact the San Joaquin Personnel Policies (Part II). Municipal Utility District; California Council of Governments by telephone at 6. 7420.7 Public Housing Agency Department of Transportation-District (209) 468–3913 or by letter to the San Administrative Practices Handbook 10 within San Joaquin County; San Joaquin Council of Governments at 6 S. (except section 4–5.d.1, chapters 5 Joaquin Council of Governments; San El Dorado St., Suite 400, Stockton, and 8). Joaquin Area Flood Control Agency; California 95202. Copies of the draft 7. 7430.1 Low-Rent Lease Housing Stockton East Water District; and the Impact Statement/Report, Plan, and Handbook. South San Joaquin Irrigation District Implementing Agreement also are

VerDate 22-SEP-99 14:00 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\A01OC3.243 pfrm01 PsN: 01OCN1 53402 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Notices available for public inspection at branch species’’ for the San Joaquin County An additional 600 acres will be libraries in San Joaquin County during Multi-Species Habitat Conservation and preserved under the Plan to compensate regular business hours. Open Space Plan. for potential impacts to covered species which stray from preserve lands onto Background Information In the Plan, the applicants have proposed the conversion of neighboring lands. At the election of Section 9 of the Act and Federal approximately 109,302 acres from open landowners within 0.5 mile of preserve regulation prohibit the ‘‘take’’ of animal space to non-open space uses land, agricultural and aggregate mining species listed as endangered or throughout the life of the permit, activities will receive incidental take threatened. That is, no one may harass, primarily by activities already authorization for covered species, harm, pursue, hunt, shoot, wound, kill, addressed in adopted plans of the local except for foraging Swainson’s hawks, trap, capture or collect listed animal cities and County. These activities that become established on the property species, or attempt to engage in such include residential, commercial, and after the adjacent land has been conduct (16 USC 1538). Under limited industrial development; aggregate preserved. For foraging Swainson’s circumstances, the Service, however, mining; construction and maintenance hawks, landowners within 10 miles of may issue permits to authorize of transportation facilities, public established preserves may receive ‘‘incidental take’’ of listed animal utilities, schools, and parks and trails; neighboring land protections at their species (defined by the Act as take that minor dredging, non-federal flood discretion. Exceptions to this coverage is incidental to, and not the purpose of, control and irrigation district projects; and other details regarding these the carrying out of an otherwise lawful agricultural conversions of vernal pool neighboring land protections are activity). Regulations governing permits grasslands; managing reserves; and provided in the Plan. for threatened species and endangered other anticipated projects. A more Preservation is anticipated to be species, respectively are at 50 CFR 17.32 detailed description of covered achieved primarily through the and 50 CFR 17.22. activities is provided in the Plan. purchase of conservation easements Background The Plan classifies the County’s land (approximately 90 percent) with some The San Joaquin Council of uses into four general categories: purchase of lands in fee title Governments seeks a permit for take of Natural Lands, Agricultural Lands, (approximately 10 percent). the following federally listed species: Multi-Purpose Open Space, and Urban Conservation easements would stress threatened Aleutian Canada goose Lands. Habitat preservation and/or the preservation of existing agricultural (Branta canadensis leucopareia), giant creation will be required to mitigate for practices which are deemed compatible garter snake (Thamnophis gigas), loss of Natural and Agricultural Lands. with the conservation of the covered California red-legged frog (Rana aurora For Agricultural Land (e.g., row and species. It is anticipated that about draytonii), delta smelt (Hypomesus field crops), 1 acre will be preserved for 100,841 acres of Preserve will be transpacificus), Sacramento splittail each acre impacted. For Natural Lands, acquired (about 100,241 to mitigate loss (Pogonichthys macrolepidotus), vernal mitigation varies according to habitat of Natural and Agricultural Lands and pool fairy shrimp (Branchinecta lynchi), type: (a) for non-wetland habitat (e.g., 600 acres to mitigate for neighboring valley elderberry longhorn beetle grasslands, oak woodlands, scrub), 3 land protections) during the 50-year (Desmocerus californicus dimorphus), acres will be preserved for each acre term of the Plan. These lands would be fleshy owl’s-clover (Castilleja lost; (b) for vernal pools in the preserved and managed for wildlife campestris ssp. succulenta), Colusa designated ‘‘Vernal Pool Zone’’, 2 acres values in perpetuity. grass (Neostapfia colusana), and will be preserved and 1 acre will be The Plan includes measures to avoid endangered San Joaquin kit fox (Vulpes created for each acre lost; (c) for vernal and minimize incidental take for each of macrotis mutica), Conservancy fairy pools in the ‘‘Southwest Zone’’, 3 acres the covered species, emphasizing shrimp (Branchinecta conservatio), of preservation will be required for each project design modifications to protect longhorn fairy shrimp (Branchinecta acre lost (unless vernal pool both habitats and species individuals. A longiantenna), vernal pool tadpole conservancy shrimp or vernal pool monitoring and reporting plan will shrimp (Lepidurus packardi), large- longhorn shrimp are impacted which gauge the Plan’s success, based on flowered fiddleneck (Amsinckia will require 5 acres of preservation for biological success criteria, and ensure grandiflora), palmate-bracted bird’s- each acre lost); and (d) for wetlands that compensation keeps pace with beak (Cordylanthus palmatus), and other than vernal pools (e.g., channel open space conversions. The Plan also Greene’s tuctoria (Tuctoria greenei). islands, riparian creeks, sloughs), each includes adaptive management which This take would be incidental to the acre lost will be mitigated through 3 allows for changes in the conservation applicants’ conversion of open space to acres of preservation, at least 1 acre of program if the biological success criteria non-open space uses within the which will be created. Up to 71,837 are not met, or new information 900,000+ acre planning area in San acres of Natural and Agricultural Lands becomes available to improve the Joaquin County, California. The could be converted under the plan, efficacy of the Plan’s conservation proposed permit also would authorize requiring approximately 100,241 acres strategy. future incidental take of 84 species that of habitat preservation and/or creation. In addition to incidental take are not currently federally listed, should Additionally, up to 37,465 acres of avoidance measures, the Plan includes any of them become listed under the Act Multi-Purpose Open Space are expected requirements for conserving corridors during the life of the permit. The 84 to be converted, requiring mitigation in for the San Joaquin kit fox and for currently unlisted species include 24 the form of fee payments to help finance avoiding the creation of linear barriers plant species, 2 fish species, 5 enhancement, management, and to species dispersal. The Plan also invertebrate species, 3 amphibian administration costs associated with the establishes limits on Natural Land species, 3 reptile species, 32 bird preserve system. The amount of land conversions and for particular species species, and 15 mammal species (9 of that will actually be converted during covered by the Plan. Details of which are bats). Collectively, the 100 the life of the permit is unknown, but avoidance and minimization measures, listed and unlisted species addressed in maximum acreage limits have been set and preserve design and management the Plan are referred to as the ‘‘covered based on existing local land use plans. are presented in the Plan.

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The Plan would be implemented by a disrupting the genetic integrity of some DATES: Submit written comments Joint Powers Authority which would be populations. This alternative could also regarding this proposal on or before advised by a Technical Advisory adversely impact relatively immobile November 30, 1999. Committee including representatives species that are unable to relocate to FOR FURTHER INFORMATION CONTACT: from the Fish and Wildlife Service, distant newly created habitats. Requests for additional information or California Department of Fish and The California Department of Fish copies of the information collection Game, and U.S. Army Corps of and Game intends to use this draft instructions should be directed to Lynn Engineers, among others. Additional Impact Statement/Report and the Plan Forcia, Bureau of Indian Affairs, assistance will be provided to the Joint as a basis for issuing state permits for Department of the Interior, 1849 C Powers Authority by conservation, incidental take equivalent to the actions Street, NW, MS 4640–MIB, Washington, agricultural, and business interests, and described above. DC 20240, and 202–219–5270 (This is other stakeholders in the County. In addition, under a separate action, not a toll-free number). Funding for the Plan is anticipated to the U.S. Army Corps of Engineers may SUPPLEMENTARY INFORMATION: I. be provided by multiple sources use this draft Impact Report/Statement Abstract: The information collection is including development fees (to fund 67 and the Plan as a basis for developing needed to document satisfactory percent of the Plan); local, state and a programmatic general permit pursuant compliance with statutory requirements federal funding sources (16 percent of to section 404(e) of the Federal Clean of the various integrated programs. Pub. Plan funding); Plan-generated income Water Act [33 CFR 322.2(f) and (e.g., through lease revenues— L. 102–477 authorizes tribal 323.2(h)] in consultation with the governments to integrate federally approximately 5 percent of funding); Environmental Protection Agency conservation bank revenues (2 percent); funded employment, training and covering Waters of the United States for related services programs into a single, and revolving funds (10 percent). the San Joaquin County Multi-Species The draft Impact Statement/Report coordinated, comprehensive service Habitat Conservation and Open Space considers five alternatives, including delivery plan. Funding agencies include Plan covered activities conducted on the Proposed Action and the No-Action the Department of the Interior, jurisdictional lands. In conjunction, Alternatives. Under the No-Action Department of Labor, and the Alternative, landowners within the these documents will be used by the Department of Health and Human County would continue to apply for California State Water Resources Services. The Bureau of Indian Affairs is individual incidental take permits on a Control Board or Central Valley statutorily required to serve as the lead case-by-case basis, resulting in Regional Water Quality Control Board to agency. Section 11 of this Act requires piecemeal planning that would establish consider the issuance of a water quality that the Secretary of the Interior make isolated patches of mitigation land certification or waiver pursuant to available a single universal report scattered throughout the County. This section 401 of the Federal Clean Water format which shall be used by a tribal could result in cumulatively significant Act after issuance of the programmatic government to report on integrated adverse impacts to those species which section 404(e) general permit. activities and expenditures undertaken. would benefit from larger tracts of This notice is provided pursuant to The Bureau of Indian Affairs shares the interconnected habitats. section 10(a) of the Endangered Species information collected from these reports Under the Reduced Land Acquisition/ Act and Fish and Wildlife Service with the Department of Labor and Increased Preserve Enhancement regulations for implementing the Department of Health and Human Alternative, mitigation would focus on National Environmental Policy Act of Services. habitat enhancement which could 1969 (40 CFR 1506.6). II. Method of Collection: Pub. L. 102– interfere substantially with agricultural Dated: September 22, 1999. 477 grantees are required to complete activities, creating significant adverse Elizabeth H. Stevens, annually two single page, one-sided report forms and one narrative report, impact to agricultural productivity in Deputy Manager, Region 1, California/Nevada the County. This alternative would have Operations Office, Sacramento, California. using five pages of instructions. These replace 166 pages of instructions and questionable benefits to the covered [FR Doc. 99–25140 Filed 9–30–99; 8:45 am] species because habitat enhancement is applications representing three different BILLING CODE 4310±55±P unpredictable and may be unsuccessful. agencies and twelve different funded Under the No Wetlands Coverage but related programs. We estimate a 95 Alternative, landowners within the DEPARTMENT OF THE INTERIOR percent reduction in reporting which is County would continue to apply for consistent with the Paperwork individual permits pursuant to the Proposed Agency Information Reduction Act and goals of the National Federal Clean Water Act, resulting in Collection Activities: Comment Performance Review. piecemeal planning. Mitigation lands Request The statistical report and narrative would consist of smaller and more report will be used to demonstrate how widely scattered habitat blocks than AGENCY: Bureau of Indian Affairs, well a plan was executed in comparison would occur with the Proposed Action, Interior. to its proposed goals. This one page, resulting in cumulatively significant ACTION: Notice. universal report plus narrative satisfies adverse impacts to those wetland- the Department of Health and Human dependent species which would benefit SUMMARY: In compliance with the Services, Department of Labor, and the from larger tracts of interconnected Paperwork Reduction Act (44 U.S.C. Department of the Interior. habitats. 3501 et seq.) the Department of the The financial status report will be Under the Preserve Location Outside Interior is seeking extension of an used to track cash flow, and will allow of the County Alternative, significantly Information Collection Request (ICR) for an analysis of activities versus less habitat within the County would be grantees participating in the Pub. L. expenditures and expenditures to preserved than with the Proposed 102–477 program, OMB# 1076–0135. approved budget. It is a slightly Action, adversely impacting some The Department invites public modified SF–269–A (short form). covered species by creating gaps in the comments on the subject proposal These two report forms and the species’ range and potentially described below. narrative are extremely limited but

VerDate 22-SEP-99 14:00 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\A01OC3.050 pfrm01 PsN: 01OCN1 53404 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Notices satisfy requirements of the Department Dated: September 21, 1999. Basin Area, Utah. The proposed plan of Health and Human Services, Kevin Gover, amendment would allow for the Department of Labor, and the Assistant Secretary—Indian Affairs. reintroduction of the ferret into the Department of the Interior. The revised [FR Doc. 99–25536 Filed 9–30–99 8:45 pm] Primary Management Zone (PMZ) of forms reduce the burden on tribal BILLING CODE 4310±02±P Coyote Basin under the conditions governments by consolidating data delineated under the U.S. Fish and collection for employment, training, Wildlife Service’s rule establishing the education, child care and related service DEPARTMENT OF THE INTERIOR area as covered by Section 10j of the programs. The reports are due annually. Endangered Species Act of 1973, as These forms, developed within a Bureau of Indian Affairs amended. The Coyote Basin PMZ, partnership between participating tribes which is located in Uintah County, and representatives of all three Federal Indian Gaming Utah, consists of 51,563 acres. agencies, standardize terms and AGENCY: Bureau of Indian Affairs, Additionally, the guidelines definitions, eliminate duplication and Interior. developed by an interdisciplinary team reduce frequency of collection. ACTION: Notice of amendment to and described in the Final Proposed Respondents: Tribes participating in approved Tribal-State Compact. Cooperative Plan for the Reintroduction Pub. L. 102–477 will report annually. As and Management of Black-footed Ferrets of October 1, 1999 we anticipate that SUMMARY: Pursuant to Section 11 of the in Coyote Basin, Uintah County, Utah there will be 32 grantees participating in Indian Gaming Regulatory Act of 1988, would be followed. the program. Pub. L. 100–497, 25 U.S.C. 2710, the DATES: The 30 day protest period for the Burden: We estimate that completion Secretary of the Interior shall publish, in proposed plan amendment will of the reporting requirements will the Federal Register, notice of approved commence with the publication of this require 10 hours per year to complete Tribal-State Compacts for the purpose of notice. Protests must be received on or for each grantee. The total hour burden engaging in Class III gaming activities before November 1, 1999. on Indian lands. The Assistant will be 320 hours. ADDRESSES: Secretary—Indian Affairs, Department Protests must be addressed Request for Comments of the Interior, through his delegated to the Director (W–210), Bureau of Land Management, Attn: Brenda Williams, Comments may include: authority, has approved the Second Amendment to the Tribal-State Compact 1849 C Street, N.W., Washington, D.C. (a) Whether the collection of 20240 within 30 days after the date of information is necessary for the proper for Class III Gaming between the Elwha S’Klallam Indian Tribe and the State of publication of this Notice of performance of the functions of the Availability. bureau, including whether the Washington, which was executed on information will have practical utility; March 16, 1999. FOR FURTHER INFORMATION CONTACT: (b) The accuracy of the bureau’s DATES: This action is effective October William Stroh, Wildlife Biologist, estimate of the burden of the collection 1, 1999. Vernal Field Office, at 170 South 500 East, Vernal, Utah 84078, (435) 781– of information, including the validity of FOR FURTHER INFORMATION CONTACT: the methodology and assumptions used; George T. Skibine, Director, Indian 4481. Copies of the proposed plan (c) The quality, utility, and clarity of Gaming Management Staff, Bureau of amendment EA are available for review the information to be collected; and Indian Affairs, Washington, DC 20240, at the Vernal Field Office or on the internet at http://www.blm.gov/utah/ (d) How to minimize the burden of (202) 219–4066. vernal. the collection of information on those Dated: September 17, 1999. who are to respond, including the use SUPPLEMENTARY INFORMATION: This Kevin Gover, action is announced pursuant to Section of appropriate automated electronic, Assistant Secretary—Indian Affairs. mechanical, or other forms of 202(a) of the Federal Land Policy [FR Doc. 99–25506 Filed 9–30–99; 8:45 am] information technology. Management Act (1976) and 43 CFR Part Comments should refer to the BILLING CODE 4310±02±P 1610. This proposed amendment is proposal by name and/or OMB Control subject to protests by any party who has participated in the planning process. Number and should be sent to Lynn DEPARTMENT OF INTERIOR Forcia, Bureau of Indian Affairs, Protests must be specific and contain Department of the Interior, 1849 C Bureau of Land Management the following information: Street, NW, MS–4640–MIB, —The name, mailing address, phone Washington, DC 20240. [UT±080±1310±00] number, and interest of the person All written comments, names and Notice of Availability of the Proposed filing the protest. addresses of commentators will be Plan Amendment Environmental —A statement of the issue(s) being available for public inspection in Room Assessment to the Book Cliffs protested. 4644 of the Main Interior Building, 1849 Resource Area Resource Management —A statement of the part(s) of the C Street, NW, Washington, DC, from 9 Plan proposed amendment being protested a.m. until 3 p.m., Monday through and citing pages, paragraphs, maps, Friday, excluding legal holidays. If you AGENCY: Bureau of Land Management, etc., of the proposed plan amendment. want us to withhold your name and Interior. —A copy of all documents addressing address you must state that prominently SUMMARY: The Bureau of Land the issue(s) submitted by the protestor at the beginning of your comment. We Management (BLM), Utah, Vernal Field during the planning process or a will honor your request to the extent Office has completed an Environmental reference to the date when the allowable by law. Please note that an Assessment (EA) and issued a Finding protester discussed the issue(s) for the agency may not conduct or sponsor, and of No Significant Impact (FONSI) for the record. a person is not required to respond to, Proposed Book Cliffs Resource Area —A concise statement as to why the an information collection request that Plan Amendment for Black-Footed protester believes the BLM State does not have a valid expiration date. Ferret Reintroduction into the Coyote Director is incorrect.

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Dated: September 24, 1999. 29, 1999, from 8:00 a.m. to 3:00 p.m., at DEPARTMENT OF THE INTERIOR Linda S. Colville, John Ascuaga’s Nugget, 1100 Nugget Acting State Director, Utah. Ave., Sparks, Nevada. If due to Bureau of Land Management [FR Doc. 99–25518 Filed 9–30–99; 8:45 am] unforeseeable problems this site is not [WY±920±1310±01; WYW132294] BILLING CODE 1150±DQ±P available, the alternate site of the meeting will be the Nevada State Office, Notice of Proposed Reinstatement of 1340 Financial Blvd., Reno, Nevada. Terminated Oil and Gas Lease DEPARTMENT OF THE INTERIOR The dates and times will be remain the same. Public comment will be received September 23, 1999. Bureau of Land Management at the discretion of the State Director, as Pursuant to the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108– [Docket No. NV±910±0777±30±241A] meeting moderator, with a general public comment period on Friday, 3(a) and (b)(1), a petition for Sierra Front-Northwestern Great Basin October 29, 1999, at 2:00 p.m. reinstatement of oil and gas lease WYW132294 for lands in Natrona Resource Advisory Council, FOR FURTHER INFORMATION CONTACT: Northeastern Great Basin Resource County, Wyoming, was timely filed and Robert Stewart, Public Information was accompanied by all the required Advisory Council, and Mojave- Specialist, BLM Nevada State Office, Southern Great Basin Resource rentals accruing from the date of 1340 Financial Blvd., Reno, Nevada, termination. Advisory Council; Notice of Meeting telephone (775) 861–6586. Locations and Times The lessee has agreed to the amended Dated: September 24, 1999. lease terms for rentals and royalties at AGENCY: Bureau of Land Management, Robert V. Abbey, rates of $10.00 per acre, or fraction Interior. Nevada State Director. thereof, per year and 162⁄3 percent, ACTION: Notice of combined resource [FR Doc. 99–25520 Filed 9–30–99; 8:45 am] respectively. advisory council meeting locations and The lessee has paid the required $500 BILLING CODE 4310±HC±M times. administrative fee and $125 to reimburse the Department for the cost of SUMMARY: In accordance with the DEPARTMENT OF THE INTERIOR this Federal Register notice. The lessee Federal Land Policy and Management has met all the requirements for Act and the Federal Advisory Bureau of Land Management reinstatement of the lease as set out in Committee Act of 1972 (FACA), the Section 31 (d) and (e) of the Mineral Department of the Interior, Bureau of [WY±920±1310±01; WYW132304] Lands Leasing Act of 1920 (30 U.S.C. Land Management (BLM) Council 188), and the Bureau of Land meetings will be held as indicated Notice of Proposed Reinstatement of Management is proposing to reinstate below. Topics for discussions will be a Terminated Oil and Gas Lease lease WYW132294 effective June 1, presentation and discussion of 1999 1999, subject to the original terms and operations, and outlook for 2000 of the September 23, 1999. conditions of the lease and the BLM in Nevada; opening and closeout Pursuant to the provisions of 30 increased rental and royalty rates cited reports of the three RACs; a presentation U.S.C. 188(d) and (e), and 43 CFR above. and discussion of the Nevada Wild 3108.2–3(a) and (b)(1), a petition for Mary Jo Rugwell, Horse and Burro Tactical Plan and reinstatement of oil and gas lease Standards and Guidelines for Wild Acting Chief, Leasable Minerals Section. WYW132304 for lands in Fremont [FR Doc. 99–25522 Filed 9–30–99; 8:45 am] Horses and Burros; a panel discussion County, Wyoming, was timely filed and BILLING CODE 4310±22±M on rangeland restoration, and a was accompanied by all the required discussion with the Fire Rehabilitation rentals accruing from the date of team; breakout meetings of the ‘‘PODs;’’ termination. breakout meetings of the three RACs; DEPARTMENT OF THE INTERIOR The lessee has agreed to the amended and other topics the councils may raise. lease terms for rentals and royalties at Bureau of Land Management There will be luncheon speakers both rates of $10.00 per acre, or fraction [CA±940±0777±42; CACA 41111] days. 2 All meetings are open to the public. thereof, per year and 16 ⁄3 percent, During the two noon luncheons, respectively. Notice of Potential Sale: Direct Sale members of the public may join the The lessee has paid the required $500 requested by the Bridgeport Indian group for lunch, at their own expense. administrative fee and $125 to Colony, Bridgeport, California; Notice The public may present written reimburse the Department for the cost of of Intent: To consider amending the comments to the council. The public this Federal Register notice. The lessee Bishop Resource Management Plan, comment period for the council meeting has met all the requirements for Bishop Field Office, California will be at 2 p.m. on Friday, October 29. reinstatement of the lease as set out in Section 31(d) and (e) of the Mineral AGENCY: Bureau of Land Management, Individuals who plan to attend and Interior need further information about the Lands Leasing Act of 1920 (30 U.S.C. ACTION: Notice of Intent to consider an meeting or need special assistance such 188), and the Bureau of Land amendment to the Bishop Resource as sign language interpretation or other Management is proposing to reinstate Management Plan’s list of public land reasonable accommodations, should lease WYW132304 effective June 1, disposal parcels, which would add a 40 contact Robert Stewart at the Nevada 1999, subject to the original terms and acre parcel, and a Notice of Potential State Office, BLM, 1340 Financial Blvd., conditions of the lease and the increase Direct Sale for the said 40 acres Reno, Nevada, telephone (775) 861– rental and royalty rates cited above. requested by the Bridgeport Indian 6586. Mary Jo Rugwell, Colony in Mono County, CA. DATE, TIME: The council will meet on Acting Chief, Leasable Minerals Section. Thursday, October 28, 1999, from 8:00 [FR Doc. 99–25521 Filed 9–30–99; 8:45 am] SUMMARY: The BLM’s Bishop Field a.m. to 4:30 p.m. and Friday, October BILLING CODE 4310±22±M Office has received an application from

VerDate 22-SEP-99 18:00 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\01OCN1.XXX pfrm01 PsN: 01OCN1 53406 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Notices the Bridgeport Indian Colony to CACA 8757 Bridgeport PUC Pipeline, the provisions of the Recreation and purchase at fair market value a 40 acre 50′ wide; Public Purposes Act, as amended (43 parcel adjacent to their existing CACA 5332 SCE Powerline, guy and U.S.C. 869 et seq.). The County of reservation. The Tribe currently has a 40 anchor point, 25′ wide. Gunnison proposes to use the lands for acre reservation northeast of Bridgeport, The following covenant would also be a sanitary landfill. Mono County, CA. The Tribe has been placed in the conveyance document: New Mexico Principal Meridian, Colorado attempting to increase the size of their ‘‘Authorized rights-of-way and other Township 49 North, Range 1 East, New reservation to provide land for valid third party rights will be Mexico Principal Meridian, Colorado economic development, residential use recognized. The Proponent will Sec. 10; S1⁄2NE1⁄4SE1⁄4, SE1⁄4SE1⁄4; and community services, including negotiate new easement/permit Sec. 11; Lots 9–11 inclusive, SW1⁄4SW1⁄4, formal requests for withdrawal to the agreements with third party rights. W1⁄2SE1⁄4SW1⁄4; Bureau of Land Management as early as Patents to selected public lands will be Sec. 14; W1⁄2NE1⁄4NW1⁄4, NW1⁄4NW1⁄4, 1983. During development of the Bishop issued subject to any third party rights N1⁄2SW1⁄4NW1⁄4, N1⁄2S1⁄2SW1⁄4NW1⁄4, Resource Management Plan (approved not successfully negotiated and replaced N1⁄2SW1⁄4SE1⁄4NW1⁄4, NW1⁄4SE1⁄4NW1⁄4; March 1993), public land was identified by a Proponent easement or permit.’’ Sec. 15; N1⁄2NE1⁄4NE1⁄4, NE1⁄4NW1⁄4NE1⁄4, 1 1 1 1 for transfer to other tribal governments Upon publication of this Notice in the N ⁄2SE ⁄4NW ⁄4NE ⁄4, N1⁄2SW1⁄4NE1⁄4NE1⁄4, SE1⁄4NE1⁄4NE1⁄4, within the planning area. Despite the Federal Register, the public lands NE1⁄4SE1⁄4NE1⁄4, N1⁄2SE1⁄4SE1⁄4NE1⁄4; tribe’s previously expressed interest in described above are segregated from all the adjacent 40 acres, the parcel was not The area described aggregates 319.95 acres, forms of appropriation under the public more or less. evaluated for disposal to the tribe. The land laws, including the mining laws for tribe has now formally requested that a period of 270 days from the date of A portion of the lands described, 150 this 40 acre parcel immediately adjacent publication. The segregative effect shall acres, was previously classified as to the existing reservation be made terminate as provided by 43 CFR suitable for lease in 1983, and R&PP available to them through a direct sale 2711.1–2(d). lease COC–35052 was issued to under the authority of the Federal Land Detailed information concerning the Gunnison County for a sanitary landfill. Policy and Management Act, Sec. 203 RMP amendment and the requested sale The County proposes to continue using (43 USC 1713). is available at the BLM Bishop Field the lands for a sanitary landfill. The The requested sale would involve the Office, 785 N. Main St. Suite E, Bishop, lands are not needed for Federal following lands located northeast of CA 93514 or by contacting Larry purposes. Conveyance without Bridgeport and adjacent to Highway 182 Primosch at (760) 872–4881. reversionary interest is consistent with in the County of Mono, California: COMMENTS: For a period of 45 days current BLM land use planning and Selected Federal Lands, requested to be from the initial date of publication of would be in the public interest. Patented to the Bridgeport Indian Colony: this notice, interested parties may The patent, when issued, will be subject to the following terms, Mount Diablo Meridian, California, submit valid comments on the Bishop RMP amendment or the requested sale conditions and reservations: 1. Provisions of the Recreation and T. 5N., R. 25 E., to the BLM Bishop Field Manager, 785 Sec. 28, SW 1/4 of NE 1/4. Public Purposes Act and to all N. Main St. Suite E, Bishop, CA 93514. applicable regulations of the Secretary SUPPLEMENTAL INFORMATION: A final A public meeting will be held from 6– of the Interior. decision on the sale proposal and the 9 pm on October 12 at the Memorial RMP amendment will be made 2. A right-of-way for ditches and Hall in the town of Bridgeport to gather canals constructed by the authority of following public comments and comments and help define the issues completion of an environmental the United States. which must be addressed in the 3. The patentee shall comply with all analysis. The environmental analysis environmental analysis. will evaluate a direct sale at fair market Federal and State laws applicable to the value and other alternatives. Factors to Dated: September 22, 1999. disposal, placement or release of be considered include the proximity of Steve Addington, hazardous substances. the site to the Bridgeport Indian Colony Field Manager, Bishop Field Office. 4. The patentee shall indemnify and reservation, the Department of the [FR Doc. 99–25525 Filed 9–30–99; 8:45 am] hold harmless the United States against any legal liability or future costs that Interior’s trust responsibilities to the BILLING CODE 4310±40±P Tribe, and the Rights-of-Way (ROW) may arise out of any violation of such encumbering the disposal parcel, some laws. 5. A provision stating that the landfill of which are held by the Bridgeport DEPARTMENT OF THE INTERIOR may contain small amounts of Tribe or directly support the hazardous waste in the form of Reservation. There are eight known Bureau of Land Management household or commercial materials. ROWs within the 40 acre parcel that the [CO±160±1430±00±7509;COC±60329] 6. No portion of the land covered by Tribe would have to accept. These such patent shall under any include: Notice of Realty Action; Recreation and Public Purposes (R&PP) Act circumstance revert to the United States. CAS 2240 SCE Powerline, 25′ wide; Detailed information concerning this Classification; Colorado CAS 059135 GTE Telephone line, 30′ action is available for review at the wide; AGENCY: Department of Interior, Bureau office of the Bureau of Land CAS 053545 Caltrans Highway 182, 400′ of Land Management. Management, Gunnison Field Office, wide; ACTION: Notice. 216 N. Colorado St., Gunnison, CACA 6432 GTE Underground Colorado. telephone cable, 10′ wide; SUMMARY: The following public lands in Upon publication of this notice in the CACA 6044 Indian Health Srvs, Pipeline Gunnison County, Colorado have been Federal Register, the lands will be and Powerline, 60′ wide; examined and found suitable for segregated from all other forms of CACA 4083 BIA Road, dike, ditch and classification for conveyance to the appropriation under the public land fill area, 60′ wide; County of Gunnison, Colorado under laws, including the mining laws, except

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The public is publication of this notice in the Federal National Reserve, 222 East Main Street, invited to participate in a series of Register, interested persons may submit Suite 202, Barstow, California 92311. scoping meetings that will be held in comments regarding the proposed Individuals desiring to comment on the November in Colorado and New Mexico conveyance or classification of the lands plan are notified that their names and (see SUPPLEMENTARY INFORMATION to the Field Manager, Bureau of Land addresses are generally available to the section). Those not desiring to submit Management, Gunnison Field Office, public. comments or suggestions at this time, 216 N. Colorado St., Gunnison, CO Dated: September 13, 1999. but who would like to receive a copy of 81230. Mary G. Martin, the DEIS, should write to the addresses CLASSIFICATION COMMENTS: below. When the DEIS is complete, its Superintendent, Mojave National Preserve. Interested parties may submit comments availability will be announced in the involving the suitability of the land for [FR Doc. 99–25246 Filed 9–30–99; 8:45 am] Federal Register, local news media, and a sanitary landfill. Comments on the BILLING CODE 4310±70±M through direct contact with interested classification are restricted to whether parties so that comments can be the land is physically suited for the DEPARTMENT OF THE INTERIOR solicited. proposal, whether the use will DATES AND LOCATIONS: See maximize the future use or uses of the Bureau of Reclamation SUPPLEMENTARY INFORMATION section for land, whether the use is consistent with meeting dates and locations. local planning and zoning, or if the use Notice of Intent To Prepare a Draft FOR FURTHER INFORMATION CONTACT: Jone is consistent with State and Federal Environmental Impact Statement on Wright, Bureau of Reclamation, Western programs. the Operations of the Navajo Unit, Colorado Area Office, Northern APPLICATION COMMENTS: Colorado River Storage Project, New Division, 2764 Compass Drive, Suite Interested parties may submit comments Mexico and Colorado and 106, Grand Junction, Colorado 81506, regarding the specific use proposed in Announcement of Public Scoping telephone: (970) 248–0636. FAX: (970) the application and plan of Meetings 248–0601. E-Mail: [email protected] development, whether the BLM AGENCY: Bureau of Reclamation, or refer to Reclamation’s web site at followed proper administrative www.uc.usbr.gov. procedures in reaching the decision, or Interior. SUPPLEMENTARY INFORMATION: any other factor not directly related to ACTION: Notice of intent to prepare a the suitability of the land for a sanitary Draft Environmental Impact Statement Background on the operations of the Navajo Unit, landfill. The Unit was authorized by Congress Colorado River Storage Project, New Any adverse comments will be in 1956 as one of four key features of the Mexico and Colorado and reviewed by the State Director. In the CRSP intended to develop the water announcement of public scoping absence of any adverse comments, the resources of the Upper Colorado River meetings. classification will become effective 60 Basin for the purposes of: days from the date of publication of this SUMMARY: The Department of the notice in the Federal Register. ** * regulating the flow of the Colorado Interior, Bureau of Reclamation River, storing water for beneficial Signed September 24, 1999. (Reclamation), announces its intent to consumptive use, making it possible for the Barry A. Tollefson, prepare a draft environmental impact States of the Upper Basin to utilize, Field Manager. statement (DEIS), pursuant to the consistently with the provisions of the Colorado River Compact, the apportionments [FR Doc. 99–25524 Filed 9–30–99; 8:45 am] National Environmental Policy Act of made to and among them in the Colorado BILLING CODE 4310±JB±P 1969 (NEPA), as amended, on the River Compact and the Upper Colorado River Navajo Unit (Unit). The DEIS will Basin Compact, respectively, providing for describe the effects of operating the Unit the reclamation of arid and semiarid lands, DEPARTMENT OF THE INTERIOR to implement the flow for the control of floods, and for the recommendations provided by the San generation of hydroelectric power, as an National Park Service Juan River Basin Recovery incident to the foregoing purposes . * ** Acceptance of Plan of Operations; Implementation Program (Program). The Other project purposes include a Mining Operations, CIMA Cinder Mine, purpose of the proposed action is to municipal and industrial water supply, Mojave National Preserve, San mimic the natural hydrograph of the recreation, and fish and wildlife. Bernardino County, California San Juan River to create and maintain habitat and a healthy biological Operations Notice is hereby given, in accordance community in order to conserve After completion of the Unit in with Section 9.17(a) of Title 36 of the populations of two endangered fishes, December 1963, the focus of the criteria Code of Federal Regulations, Part 9, the razorback sucker and the Colorado for releasing water from the dam was Subpart A, that the National Park pikeminnow (formerly Colorado primarily on meeting irrigation needs, Service has received, and accepted as squawfish), while maintaining the other providing flood control, maintaining complete, from J. Lorene Caffee, the authorized purposes of the Unit, stable flows, and providing a recreation Cima Cinder Mine, a plan of operations Colorado River Storage Project (CRSP). pool in Navajo Reservoir. Over the last on the Cinder No. 2 and Cinder No. 3 Such conservation is consistent with the decade, however, the focus of the claims, in the Mojave National Preserve, recovery goals established under the criteria and associated pattern for located within San Bernardino County, Endangered Species Act, 16 U.S.C. 1531 releasing water from the Unit has California. et seq. changed. The effects that Unit The plan of operations is available for Reclamation invites other federal operations have had on endangered public review and comment for a period agencies, states, Indian Tribes, local fishes and trout have resulted in various

VerDate 22-SEP-99 14:00 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\A01OC3.059 pfrm01 PsN: 01OCN1 53408 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Notices commitments by Reclamation to Indian Irrigation Project (NIIP) and DEPARTMENT OF THE INTERIOR evaluate those effects and consider related water service contracts. implementing the flow Bureau of Reclamation, Interior The Proposed Federal Action recommendations. Reclamation proposes to prepare a Colorado River Basin Salinity Control Formal consultation under the DEIS which will describe the effects of Advisory Council Endangered Species Act (ESA) on the operating the Unit to implement the Unit was requested by Reclamation in a flow recommendations, or reasonable AGENCY: Bureau of Reclamation, July 30, 1991, memorandum to the U.S. alternatives, as contained in the Interior. Fish and Wildlife Service (Service). recommendation from the Program’s Reclamation committed at that time to, Biology Committee resulting from ACTION: Notice of Public Meeting. among other things, operate Navajo Dam consultation under the ESA. in the manner most consistent with Reclamation would implement the SUMMARY: In accordance with the endangered fish recovery, including proposed action by modifying the Federal Advisory Committee Act, mimicking a natural hydrograph if that operations decision criteria of the Unit. announcement is made of a meeting of is the recommended course, for the life Modifying the operations would provide the Colorado River Basin Salinity of Navajo Dam. In an August 19, 1991, sufficient releases of water at times, Control Advisory Council (Council). response to Reclamation, the Service quantities, and durations necessary to DATES AND LOCATIONS: The meeting is concurred that the consultation process mimic the natural hydrograph of the scheduled to begin at 1 p.m. on should be initiated, and that the river to create and maintain habitat and Tuesday, October 26, 1999, and recess at consultation period for the operations of to maintain a healthy biological the Unit be extended while research on community in order to conserve 5 p.m. The Council will briefly the San Juan River was conducted. populations of two endangered fishes, reconvene at about 1 p.m. the following day after the Colorado River Basin Flow Recommendations while maintaining the other authorized purposes of the Unit. Salinity Control Forum meeting. The Under the direction of the Program’s meeting will be held at the York Hotel Biology Committee, test releases were Public Scoping located at 940 Sutter Street, San conducted and evaluated during the Scoping meetings will be held in Francisco, California. For reservations 1992–1998 research period. At the Farmington, New Mexico; Albuquerque, and information, please contact the completion of the research period, the New Mexico; Durango, Colorado; and York Hotel at (415) 885–6800. Biology Committee completed a report, Pagosa Springs, Colorado in early FOR FURTHER INFORMATION CONTACT: entitled Flow Recommendations for the November 1999 for the purpose of David Trueman, Colorado River Salinity obtaining public input on the significant San Juan River (1999), which provides Control Program Manager, Bureau of recommended flows for the endangered issues related to the proposed action. Reclamation, Attention: UC–240, 125 fishes in the San Juan River below The schedule and locations for the South State Street, Room 6107, Salt Farmington, New Mexico. The meetings are shown below. The public Lake City, Utah 84138–1102, telephone recommendations define the conditions is asked to provide input on the (801) 524–3753. for mimicking a natural hydrograph in following: terms of magnitude, duration, and 1. Identification of relevant issues SUPPLEMENTARY INFORMATION: Council frequency of flows in the San Juan related to the proposed action. members will be briefed on the status of River. 2. Whether the overall range of salinity control activities and receive If the Service follows these alternatives is appropriate. input for drafting the Council’s annual report. The Department of the Interior, recommendations in future biological Schedule of Scoping Meetings opinions, then the flow criteria or a Department of Agriculture, and reasonable alternative would have to be The following scoping meetings will Environmental Protection Agency will met to avoid jeopardy. These be conducted in New Mexico and each present a progress report and Colorado. schedule of activities on salinity control recommendations have been accepted • by the Program’s Coordination November 3, 1999, from 6–9 p.m., in the Colorado River Basin. The Committee and have been provided to Farmington Civic Center, 200 W. Council will discuss salinity control the Service for their use in future Arrington, Farmington, New Mexico. activities and the content of their report. • November 4, 1999, from 6:30–9:30 Section 7 consultations. p.m., Doubletree Hotel, 501 Camino Del The meeting of the Council is open to Related Projects Rio, Durango, Colorado. the public. Any member of the public • November 9, 1999, from 6–9 p.m., may file written statements with the Subsequent consultations with the Crown Plaza Pyramid, 5151 San Council before, during, or after the Service on other San Juan Basin projects Francisco Road, Albuquerque, New meeting, in person or by mail. Time will and associated federal actions included Mexico. be allowed on the agenda for any the operation of the Unit as an element • November 10, 1999, from 6–9 p.m., individual or organization wishing to of the proposed plan or the resulting Pagosa Inn, 3565 Highway 160, Pagosa make formal oral comments (limited to reasonable and prudent alternative. Springs, Colorado. 10 minutes) at the meeting. These related projects include Dated: September 14, 1999. conversion of irrigation water to Dated: September 24, 1999. Charles A. Calhoun, municipal and industrial water on the Charles A. Calhoun, Mancos Project, Florida Project water Regional Director, Upper Colorado Region. Regional Director, Upper Colorado Region. sale contracts, the Animas La-Plata [FR Doc. 99–25475 Filed 9–30–99; 8:45 am] [FR Doc. 99–25476 Filed 9–30–99; 8:45 am] Project, and completion of the Navajo BILLING CODE 4310±94±P BILLING CODE 4310±94±M

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INTERNATIONAL TRADE ALJ found that there was a domestic during official business hours (8:45 a.m. COMMISSION industry with respect to the ‘715 patent, to 5:15 p.m.) in the Office of the he found that there was no infringement Secretary, U.S. International Trade [Inv. No. 337±TA±409] of any claim at issue, and that the Commission, 500 E Street, SW, Certain CD-ROM Controllers and claims in issue of the ‘715 patent were Washington, DC 20436, telephone 202– Products Containing the SameÐII; invalid for on-sale bar under 35 U.S.C. 205–2000. Notice of Final Determination § 102(b), anticipation under 35 U.S.C. Issued: September 27, 1999. § 102(a), obviousness under 35 U.S.C. By order of the Commission. AGENCY: U.S. International Trade § 103, indefiniteness under 35 U.S.C. Donna R. Koehnke, Commission. § 112(1), (2), and (6), and derivation Secretary. ACTION: Notice. under 35 U.S.C. § 102(f). Complainant Oak filed a petition for [FR Doc. 99–25627 Filed 9–30–99; 8:45 am] SUMMARY: Notice is hereby given that review of Order No. 15 and respondent BILLING CODE 7020±02±P the U.S. International Trade UMC and the Commission investigative Commission has found no violation of attorneys (IAs) filed responses to Oak’s section 337 of the Tariff Act of 1930 in petition for review of Order No. 15. Oak, INTERNATIONAL TRADE the above-captioned investigation. respondents UMC, MediaTek, Lite-On COMMISSION FOR FURTHER INFORMATION CONTACT: Technology, and AOpen, and the IAs [Investigations Nos. 701±TA±314±317 Timothy P. Monaghan, Office of the filed petitions for review of the final ID, (Review) and 731±TA±552±555 (Review)] General Counsel, U.S. International and all parties subsequently responded Trade Commission, 500 E Street, SW, to each other’s petitions for review of Hot-Rolled Lead and Bismuth Carbon Washington, DC 20436, telephone 202– the final ID. Steel Products From Brazil, France, 205–3152. General information On June 28, 1999, the Commission Germany, and United Kingdom determined not to review the ALJ’s concerning the Commission may also be AGENCY: United States International findings with respect to the preamble of obtained by accessing its Internet server Trade Commission. (http://www.usitc.gov). Hearing- claim 1 and its digital signal processor ACTION: Institution of five-year reviews impaired persons are advised that (DSP) element, and determined to concerning the countervailing duty and information on this matter can be review the remainder of the final ID and antidumping duty orders on hot-rolled obtained by contacting the Order No. 15. lead and bismuth carbon steel products Commission’s TDD terminal on 202– Having examined the record in this from Brazil, France, Germany, and 205–1810. investigation, including the briefs and the responses thereto, the Commission United Kingdom. SUPPLEMENTARY INFORMATION: The determined that there is no violation of Commission instituted this investigation SUMMARY: The Commission hereby gives section 337. More specifically, the on May 13, 1998, based on a complaint notice that it has instituted reviews Commission affirmed the ALJ’s finding filed by Oak Technology, Inc. 63 FR pursuant to section 751(c) of the Tariff that there is a domestic industry with 26625 (1998). The complaint named Act of 1930 (19 U.S.C. 1675(c)) (the Act) respect to the ‘715 patent; affirmed the four respondents: MediaTek, Inc., to determine whether revocation of the ALJ’s finding of no literal infringement United Microelectronics Corporation countervailing duty and antidumping and no infringement under the doctrine (‘‘UMC’’), Lite-On Technology Corp., duty orders on hot-rolled lead and of equivalents; reversed the ALJ’s and AOpen, Inc., Actima Technology bismuth carbon steel products from findings of invalidity based on an on- Corporation, ASUSTek Computer, Brazil, France, Germany, and United sale bar under 35 U.S.C. 102(b), Incorporated, Behavior Tech Computer Kingdom would be likely to lead to anticipation under 35 U.S.C. 102(a), Corporation, Data Electronics, Inc., continuation or recurrence of material obviousness under 35 U.S.C. 103, Momitsu Multi Media Technologies, injury. Pursuant to section 751(c)(2) of indefiniteness and vagueness under 35 Inc., Pan-International Industrial the Act, interested parties are requested U.S.C. 112(1), (2), and (6), for derivation Corporation, and Ultima Electronics to respond to this notice by submitting under 35 U.S.C. 102(f); and reversed the Corporation were permitted to intervene the information specified below to the ALJ’s finding of unenforceablity due to in the investigation. Commission;1 to be assured of inequitable conduct before the PTO. 1 In its complaint, Oak alleged that consideration, the deadline for The Commission determined to take no respondents violated section 337 by responses is November 22, 1999. position with regard to Order No. 15 importing into the United States, selling Comments on the adequacy of responses terminating respondent UMC from the for importation, and/or selling in the may be filed with the Commission by investigation, and with regard to the United States after importation December 10, 1999. issue of equitable estoppel. electronic products and/or components For further information concerning This action is taken under the that infringe claims of U.S. Letters the conduct of these reviews and rules authority of section 337 of the Tariff Act Patent 5,581,715 (the ‘‘715 patent). The of general application, consult the of 1930, 19 U.S.C. 1337, and sections presiding administrative law judge (ALJ) Commission’s Rules of Practice and 210.45–210.51 of the Commission’s held an evidentiary hearing from Procedure, part 201, subparts A through Rules of Practice and Procedure, 19 CFR January 11, 1999, to January 28, 1999. 210.45–210.51. On May 10, 1999, the ALJ issued an 1 No response to this request for information is Copies of the public versions of the initial determination ID (Order No. 15) required if a currently valid Office of Management subject IDs, and all other granting respondent UMC’s motion for a and Budget (OMB) number is not displayed; the nonconfidential documents filed in OMB number is 3117–0016/USITC No. 99–5–036, summary determination terminating connection with this investigation, are expiration date July 31, 2002. Public reporting UMC from the investigation on the basis burden for the request is estimated to average 7 or will be available for inspection of a license agreement. On May 12, hours per response. Please send comments regarding the accuracy of this burden estimate to 1999, the ALJ issued his final ID in 1 Chairman Bragg and Commissioner Crawford the Office of Investigations, U.S. International Trade which he found that there was no take no position on the validity and enforceability Commission, 500 E Street, SW, Washington, DC violation of section 337. Although the of the claims at issue of the ‘‘715 patent. 20436.

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E (19 CFR part 201), and part 207, products which are like, or in the Certification subparts A, D, E, and F (19 CFR part absence of like, most similar in Pursuant to section 207.3 of the 207). Recent amendments to the Rules characteristics and uses with, the Commission’s rules, any person of Practice and Procedure pertinent to Subject Merchandise. In its original submitting information to the five-year reviews, including the text of determinations, the Commission found Commission in connection with these subpart F of part 207, are published at one Domestic Like Product: hot-rolled reviews must certify that the 63 F.R. 30599, June 5, 1998, and may be free-machining bar and rod. information is accurate and complete to downloaded from the Commission’s (4) The Domestic Industry is the U.S. the best of the submitter’s knowledge. In World Wide Web site at http:// producers as a whole of the Domestic making the certification, the submitter www.usitc.gov/rules.htm. Like Product, or those producers whose will be deemed to consent, unless EFFECTIVE DATE: October 1, 1999. collective output of the Domestic Like otherwise specified, for the FOR FURTHER INFORMATION CONTACT: Product constitutes a major proportion Commission, its employees, and Elizabeth Haines (202–205–3200) or of the total domestic production of the contract personnel to use the Vera Libeau (202–205–3176), Office of product. In its original determinations, information provided in any other Investigations, U.S. International Trade the Commission found one Domestic reviews or investigations of the same or Commission, 500 E Street SW, Industry: producers of hot-rolled free- comparable products which the Washington, DC 20436. Hearing- machining bar and rod. Commission conducts under Title VII of impaired persons can obtain (5) The Order Date is the date that the the Act, or in internal audits and information on this matter by contacting countervailing duty and antidumping investigations relating to the programs the Commission’s TDD terminal on 202– duty orders under review became and operations of the Commission 205–1810. Persons with mobility effective. In these reviews, the Order pursuant to 5 U.S.C. Appendix 3. impairments who will need special Date is March 22, 1993. assistance in gaining access to the Written Submissions (6) An Importer is any person or firm Commission should contact the Office Pursuant to section 207.61 of the engaged, either directly or through a of the Secretary at 202–205–2000. Commission’s rules, each interested parent company or subsidiary, in General information concerning the party response to this notice must importing the Subject Merchandise into Commission may also be obtained by provide the information specified the United States from a foreign accessing its internet server (http:// below. The deadline for filing such manufacturer or through its selling www.usitc.gov). responses is November 22, 1999. agent. Pursuant to section 207.62(b) of the SUPPLEMENTARY INFORMATION: Participation in the Reviews and Public Commission’s rules, eligible parties (as Background Service List specified in Commission rule 207.62(b)(1)) may also file comments On March 22, 1993, the Department of Persons, including industrial users of Commerce issued countervailing duty concerning the adequacy of responses to the Subject Merchandise and, if the the notice of institution and whether the and antidumping duty orders on merchandise is sold at the retail level, imports of hot-rolled lead and bismuth Commission should conduct expedited representative consumer organizations, or full reviews. The deadline for filing carbon steel products from Brazil, wishing to participate in the reviews as France, Germany, and United Kingdom such comments is December 10, 1999. parties must file an entry of appearance All written submissions must conform (58 F.R. 15324). The Commission is with the Secretary to the Commission, conducting reviews to determine with the provisions of sections 201.8 as provided in section 201.11(b)(4) of and 207.3 of the Commission’s rules and whether revocation of the orders would the Commission’s rules, no later than 21 be likely to lead to continuation or any submissions that contain BPI must days after publication of this notice in also conform with the requirements of recurrence of material injury to the the Federal Register. The Secretary will domestic industry within a reasonably sections 201.6 and 207.7 of the maintain a public service list containing Commission’s rules. The Commission’s foreseeable time. It will assess the the names and addresses of all persons, adequacy of interested party responses rules do not authorize filing of or their representatives, who are parties submissions with the Secretary by to this notice of institution to determine to the reviews. whether to conduct full reviews or facsimile or electronic means. Also, in expedited reviews. The Commission’s Limited Disclosure of Business accordance with sections 201.16(c) and determinations in any expedited Proprietary Information (BPI) Under an 207.3 of the Commission’s rules, each reviews will be based on the facts Administrative Protective Order (APO) document filed by a party to the reviews available, which may include and APO Service List must be served on all other parties to information provided in response to this the reviews (as identified by either the notice. Pursuant to section 207.7(a) of the public or APO service list as Commission’s rules, the Secretary will appropriate), and a certificate of service Definitions make BPI submitted in these reviews must accompany the document (if you The following definitions apply to available to authorized applicants under are not a party to the reviews you do not these reviews: the APO issued in the reviews, provided need to serve your response). (1) Subject Merchandise is the class or that the application is made no later than 21 days after publication of this Inability To Provide Requested kind of merchandise that is within the Information scope of the five-year reviews, as notice in the Federal Register. defined by the Department of Authorized applicants must represent Pursuant to section 207.61(c) of the Commerce. interested parties, as defined in 19 Commission’s rules, any interested (2) The Subject Countries in these U.S.C. 1677(9), who are parties to the party that cannot furnish the reviews are Brazil, France, Germany, reviews. A separate service list will be information requested by this notice in and the United Kingdom. maintained by the Secretary for those the requested form and manner shall (3) The Domestic Like Product is the parties authorized to receive BPI under notify the Commission at the earliest domestically produced product or the APO. possible time, provide a full explanation

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If an interested operating U.S. importers of the Subject Merchandise in the Subject Countries, party does not provide this notification Merchandise and producers of the provide the following information on (or the Commission finds the Subject Merchandise in the Subject your firm’s(s’) operations on that explanation provided in the notification Countries that currently export or have product during calendar year 1998 inadequate) and fails to provide a exported Subject Merchandise to the (report quantity data in short tons and complete response to this notice, the United States or other countries since value data in thousands of U.S. dollars, Commission may take an adverse 1992. landed and duty-paid at the U.S. port inference against the party pursuant to (7) If you are a U.S. producer of the but not including antidumping or section 776(b) of the Act in making its Domestic Like Product, provide the countervailing duties). If you are a determinations in the reviews. following information on your firm’s trade/business association, provide the operations on that product during information, on an aggregate basis, for Information To Be Provided in calendar year 1998 (report quantity data the firms which are members of your Response to This Notice of Institution in short tons and value data in association. If you are a domestic producer, union/ thousands of U.S. dollars, f.o.b. plant). (a) Production (quantity) and, if worker group, or trade/business If you are a union/worker group or known, an estimate of the percentage of association; import/export Subject trade/business association, provide the total production of Subject Merchandise Merchandise from more than one information, on an aggregate basis, for in each Subject Country accounted for Subject Country; or produce Subject the firms in which your workers are by your firm’s(s’) production; and Merchandise in more than one Subject employed/which are members of your (b) The quantity and value of your Country, you may file a single response. association. firm’s(s’) exports to the United States of If you do so, please ensure that your (a) Production (quantity) and, if Subject Merchandise and, if known, an response to each question includes the known, an estimate of the percentage of estimate of the percentage of total information requested for each pertinent total U.S. production of the Domestic exports to the United States of Subject Subject Country. As used below, the Like Product accounted for by your Merchandise from each Subject Country term ‘‘firm’’ includes any related firms. firm’s(s’) production; accounted for by your firm’s(s’) exports. (b) The quantity and value of U.S. (1) The name and address of your firm (10) Identify significant changes, if commercial shipments of the Domestic or entity (including World Wide Web any, in the supply and demand Like Product produced in your U.S. address if available) and name, conditions or business cycle for the telephone number, fax number, and E- plant(s); and (c) The quantity and value of U.S. Domestic Like Product that have mail address of the certifying official. internal consumption/company occurred in the United States or in the (2) A statement indicating whether transfers of the Domestic Like Product market for the Subject Merchandise in your firm/entity is a U.S. producer of produced in your U.S. plant(s). the Subject Countries since the Order the Domestic Like Product, a U.S. union (8) If you are a U.S. importer or a Date, and significant changes, if any, or worker group, a U.S. importer of the trade/business association of U.S. that are likely to occur within a Subject Merchandise, a foreign producer importers of the Subject Merchandise reasonably foreseeable time. Supply or exporter of the Subject Merchandise, from the Subject Countries, provide the conditions to consider include a U.S. or foreign trade or business following information on your firm’s(s’’) technology; production methods; association, or another interested party operations on that product during development efforts; ability to increase (including an explanation). If you are a calendar year 1998 (report quantity data production (including the shift of union/worker group or trade/business in short tons and value data in production facilities used for other association, identify the firms in which thousands of U.S. dollars). If you are a products and the use, cost, or your workers are employed or which are trade/business association, provide the availability of major inputs into members of your association. information, on an aggregate basis, for production); and factors related to the (3) A statement indicating whether the firms which are members of your ability to shift supply among different your firm/entity is willing to participate association. national markets (including barriers to in these reviews by providing (a) The quantity and value (landed, importation in foreign markets or information requested by the duty-paid but not including changes in market demand abroad). Commission. antidumping or countervailing duties) Demand conditions to consider include (4) A statement of the likely effects of of U.S. imports and, if known, an end uses and applications; the existence the revocation of the countervailing estimate of the percentage of total U.S. and availability of substitute products; duty and antidumping duty orders on imports of Subject Merchandise from and the level of competition among the the Domestic Industry in general and/or each Subject Country accounted for by Domestic Like Product produced in the your firm/entity specifically. In your your firm’s(s’) imports; United States, Subject Merchandise response, please discuss the various (b) the quantity and value (f.o.b. U.S. produced in the Subject Countries, and factors specified in section 752(a) of the port, including antidumping and/or such merchandise from other countries. Act (19 U.S.C. § 1675a(a)) including the countervailing duties) of U.S. (11) (Optional) A statement of likely volume of subject imports, likely commercial shipments of Subject whether you agree with the above price effects of subject imports, and Merchandise imported from each definitions of the Domestic Like Product likely impact of imports of Subject Subject Country; and and Domestic Industry; if you disagree Merchandise on the Domestic Industry. (c) the quantity and value (f.o.b. U.S. with either or both of these definitions, (5) A list of all known and currently port, including antidumping and/or please explain why and provide operating U.S. producers of the countervailing duties) of U.S. internal alternative definitions. Domestic Like Product. Identify any consumption/company transfers of Authority: These reviews are being known related parties and the nature of Subject Merchandise imported from conducted under authority of title VII of the the relationship as defined in section each Subject Country. Tariff Act of 1930; this notice is published

VerDate 22-SEP-99 14:00 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\A01OC3.240 pfrm01 PsN: 01OCN1 53412 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Notices pursuant to section 207.61 of the to determine whether revocation of the World Wide Web site at http:// Commission’s rules. countervailing duty order on sulfanilic www.usitc.gov/rules.htm. Issued: September 27, 1999. acid from India and the antidumping EFFECTIVE DATE: October 1, 1999. By order of the Commission. duty orders on sulfanilic acid from Donna R. Koehnke, China and India would be likely to lead FOR FURTHER INFORMATION CONTACT: Secretary. to continuation or recurrence of material Mary Messer (202–205–3193) or Vera injury. Pursuant to section 751(c)(2) of Libeau (202–205–3176), Office of [FR Doc. 99–25624 Filed 9–30–99; 8:45 am] the Act, interested parties are requested Investigations, U.S. International Trade BILLING CODE 7020±02±P to respond to this notice by submitting Commission, 500 E Street SW, the information specified below to the Washington, DC 20436. Hearing- Commission; 1 to be assured of impaired persons can obtain INTERNATIONAL TRADE consideration, the deadline for information on this matter by contacting COMMISSION responses is November 22, 1999. the Commission’s TDD terminal on 202– 205–1810. Persons with mobility Investigations Nos. 701±TA±318 Comments on the adequacy of responses impairments who will need special (Review) and 731±TA±538 and 561 may be filed with the Commission by assistance in gaining access to the (Review) December 10, 1999. Commission should contact the Office For further information concerning Sulfanilic Acid From China and India of the Secretary at 202–205–2000. the conduct of these reviews and rules General information concerning the AGENCY: United States International of general application, consult the Commission may also be obtained by Trade Commission. Commission’s Rules of Practice and accessing its internet server (http:// ACTION: Institution of five-year reviews Procedure, part 201, subparts A through www.usitc.gov). concerning the countervailing duty and E (19 CFR part 201), and part 207, SUPPLEMENTARY INFORMATION: antidumping duty orders on sulfanilic subparts A, D, E, and F (19 CFR part acid from China and India. 207). Recent amendments to the Rules Background of Practice and Procedure pertinent to SUMMARY: The Commission hereby gives five-year reviews, including the text of On the dates listed below, the notice that it has instituted reviews subpart F of part 207, are published at Department of Commerce issued pursuant to section 751(c) of the Tariff 63 FR 30599, June 5, 1998, and may be countervailing duty and antidumping Act of 1930 (19 U.S.C. 1675(c)) (the Act) downloaded from the Commission’s duty orders on the subject imports:

Order date Product/country Inv. No. FR cite

8/19/92 ...... Sulfanilic acid/China ...... 731±TA±538 ...... 57 FR 37524. 3/2/93 ...... Sulfanilic acid/India ...... 731±TA±561 ...... 58 FR 12025. 3/2/93 ...... Sulfanilic acid/India ...... 701±TA±318...... 58 FR 12026.

The Commission is conducting reviews absence of like, most similar in (6) An Importer is any person or firm to determine whether revocation of the characteristics and uses with, the engaged, either directly or through a orders would be likely to lead to Subject Merchandise. In its original parent company or subsidiary, in continuation or recurrence of material determinations, the Commission found importing the Subject Merchandise into injury to the domestic industry within one Domestic Like Product: all forms of the United States from a foreign a reasonably foreseeable time. It will sulfanilic acid—technical grade manufacturer or through its selling assess the adequacy of interested party sulfanilic acid, sodium sulfanilate, and agent. responses to this notice of institution to refined grade sulfanilic acid. Participation in the Reviews and Public determine whether to conduct full (4) The Domestic Industry is the U.S. Service List. reviews or expedited reviews. The producers as a whole of the Domestic Commission’s determinations in any Like Product, or those producers whose expedited reviews will be based on the Persons, including industrial users of collective output of the Domestic Like the Subject Merchandise and, if the facts available, which may include Product constitutes a major proportion information provided in response to this merchandise is sold at the retail level, of the total domestic production of the representative consumer organizations, notice. product. In its original determinations, Definitions.—The following wishing to participate in the reviews as the Commission found one Domestic definitions apply to these reviews: parties must file an entry of appearance (1) Subject Merchandise is the class or Industry: producers of all forms of with the Secretary to the Commission, kind of merchandise that is within the sulfanilic acid. as provided in section 201.11(b)(4) of scope of the five-year reviews, as (5) The Order Dates are the dates that the Commission’s rules, no later than 21 defined by the Department of the countervailing duty and days after publication of this notice in Commerce. antidumping duty orders under review the Federal Register. The Secretary will (2) The Subject Countries in these became effective. In the review maintain a public service list containing reviews are China and India. concerning China, the Order Date is the names and addresses of all persons, (3) The Domestic Like Product is the August 19, 1992. In the reviews or their representatives, who are parties domestically produced product or concerning India, the Order Date is to the reviews. products which are like, or in the March 2, 1993.

1 No response to this request for information is expiration date July 31, 2002. Public reporting the Office of Investigations, U.S. International Trade required if a currently valid Office of Management burden for the request is estimated to average 7 Commission, 500 E Street, SW, Washington, DC and Budget (OMB) number is not displayed; the hours per response. Please send comments 20436. OMB number is 3117–0016/USITC No. 99–5–035, regarding the accuracy of this burden estimate to

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Limited Disclosure of Business accordance with sections 201.16(c) and information requested by the Proprietary Information (BPI) Under an 207.3 of the Commission’s rules, each Commission. Administrative Protective Order (APO) document filed by a party to the reviews (4) A statement of the likely effects of and APO Service List. must be served on all other parties to the revocation of the countervailing duty and antidumping duty orders on Pursuant to section 207.7(a) of the the reviews (as identified by either the public or APO service list as the Domestic Industry in general and/or Commission’s rules, the Secretary will appropriate), and a certificate of service your firm/entity specifically. In your make BPI submitted in these reviews must accompany the document (if you response, please discuss the various available to authorized applicants under are not a party to the reviews you do not factors specified in section 752(a) of the the APO issued in the reviews, provided need to serve your response). Act (19 U.S.C. 1675a(a)) including the that the application is made no later likely volume of subject imports, likely than 21 days after publication of this Inability to Provide Requested price effects of subject imports, and notice in the Federal Register. Information likely impact of imports of Subject Authorized applicants must represent Pursuant to section 207.61(c) of the Merchandise on the Domestic Industry. interested parties, as defined in 19 Commission’s rules, any interested (5) A list of all known and currently U.S.C. 1677(9), who are parties to the party that cannot furnish the operating U.S. producers of the reviews. A separate service list will be information requested by this notice in Domestic Like Product. Identify any maintained by the Secretary for those the requested form and manner shall known related parties and the nature of parties authorized to receive BPI under notify the Commission at the earliest the relationship as defined in section the APO. possible time, provide a full explanation 771(4)(B) of the Act (19 U.S.C. Certification of why it cannot provide the requested 1677(4)(B)). information, and indicate alternative (6) A list of all known and currently Pursuant to section 207.3 of the forms in which it can provide operating U.S. importers of the Subject Commission’s rules, any person equivalent information. If an interested Merchandise and producers of the submitting information to the party does not provide this notification Subject Merchandise in China that Commission in connection with these (or the Commission finds the currently export or have exported reviews must certify that the explanation provided in the notification Subject Merchandise to the United information is accurate and complete to inadequate) and fails to provide a States or other countries since 1991. A the best of the submitter’s knowledge. In complete response to this notice, the list of all known and currently operating making the certification, the submitter Commission may take an adverse U.S. importers of the Subject will be deemed to consent, unless inference against the party pursuant to Merchandise and producers of the otherwise specified, for the section 776(b) of the Act in making its Subject Merchandise in India that Commission, its employees, and determinations in the reviews. currently export or have exported contract personnel to use the Subject Merchandise to the United Information to Be Provided in Response information provided in any other States or other countries since 1992. reviews or investigations of the same or to This Notice of Institution (7) If you are a U.S. producer of the comparable products which the If you are a domestic producer, union/ Domestic Like Product, provide the Commission conducts under Title VII of worker group, or trade/business following information on your firm’s the Act, or in internal audits and association; import/export Subject operations on that product during investigations relating to the programs Merchandise from more than one calendar year 1998 (report quantity data and operations of the Commission Subject Country; or produce Subject in pounds and value data in thousands pursuant to 5 U.S.C. Appendix 3. Merchandise in more than one Subject of U.S. dollars, f.o.b. plant). If you are Written Submissions Country, you may file a single response. a union/worker group or trade/business If you do so, please ensure that your association, provide the information, on Pursuant to section 207.61 of the response to each question includes the an aggregate basis, for the firms in Commission’s rules, each interested information requested for each pertinent which your workers are employed/ party response to this notice must Subject Country. As used below, the which are members of your association. provide the information specified term ‘‘firm’’ includes any related firms. (a) Production (quantity) and, if below. The deadline for filing such (1) The name and address of your firm known, an estimate of the percentage of responses is November 22, 1999. or entity (including World Wide Web total U.S. production of the Domestic Pursuant to section 207.62(b) of the address if available) and name, Like Product accounted for by your Commission’s rules, eligible parties (as telephone number, fax number, and E- firm’s(s’) production; specified in Commission rule mail address of the certifying official. (b) the quantity and value of U.S. 207.62(b)(1)) may also file comments (2) A statement indicating whether commercial shipments of the Domestic concerning the adequacy of responses to your firm/entity is a U.S. producer of Like Product produced in your U.S. the notice of institution and whether the the Domestic Like Product, a U.S. union plant(s); and Commission should conduct expedited or worker group, a U.S. importer of the (c) the quantity and value of U.S. or full reviews. The deadline for filing Subject Merchandise, a foreign producer internal consumption/company such comments is December 10, 1999. or exporter of the Subject Merchandise, transfers of the Domestic Like Product All written submissions must conform a U.S. or foreign trade or business produced in your U.S. plant(s). with the provisions of sections 201.8 association, or another interested party (8) If you are a U.S. importer or a and 207.3 of the Commission’s rules and (including an explanation). If you are a trade/business association of U.S. any submissions that contain BPI must union/worker group or trade/business importers of the Subject Merchandise also conform with the requirements of association, identify the firms in which from the Subject Countries, provide the sections 201.6 and 207.7 of the your workers are employed or which are following information on your firm’s(s’) Commission’s rules. The Commission’s members of your association. operations on that product during rules do not authorize filing of (3) A statement indicating whether calendar year 1998 (report quantity data submissions with the Secretary by your firm/entity is willing to participate in pounds and value data in thousands facsimile or electronic means. Also, in in these reviews by providing of U.S. dollars). If you are a trade/

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This settlement is based upon information, on an aggregate basis, for production); and factors related to the the settling defendant’s ability to pay. the firms which are members of your ability to shift supply among different The Department of Justice will receive association. national markets (including barriers to for a period of thirty (30) days from the (a) The quantity and value (landed, importation in foreign markets or date of this publication comments duty-paid but not including changes in market demand abroad). relating to the proposed consent decree. antidumping or countervailing duties) Demand conditions to consider include Any comments should be addressed to of U.S. imports and, if known, an end uses and applications; the existence the Assistant Attorney General of the estimate of the percentage of total U.S. and availability of substitute products; Environment and Natural Resources imports of Subject Merchandise from and the level of competition among the Division, Department of Justice, each Subject Country accounted for by Domestic Like Product produced in the Washington, DC 20530, and should refer your firm’s(s’) imports; United States, Subject Merchandise to United States v. Cape Chem (b) the quantity and value (f.o.b. U.S. produced in the Subject Countries, and Corporation, Civil Action No. 97–11851 port, including antidumping and/or such merchandise from other countries. MLW, D.J. Ref. 90–11–2–1269. countervailing duties) of U.S. (11) (OPTIONAL) A statement of The proposed consent decree may be commercial shipments of Subject whether you agree with the above examined in the Office of the United Merchandise imported from each definitions of the Domestic Like Product States Attorney, District of Subject Country; and and Domestic Industry; if you disagree Massachusetts and at Region I, Office of (c) the quantity and value (f.o.b. U.S. with either or both of these definitions, the Environmental Protection Agency, port, including antidumping and/or please explain why and provide JFK Federal Building, Boston, MA countervailing duties) of U.S. internal alternative definitions. 02203–2211. A copy of the proposed consumption/company transfers of consent decree may be obtained by mail Authority: These reviews are being Subject Merchandise imported from from the Department of Justice Consent each Subject Country. conducted under authority of title VII of the Tariff Act of 1930; this notice is published Decree Library, P.O. Box 7611, (9) If you are a producer, an exporter, Washington, DC 20044. In requesting a or a trade/business association of pursuant to section 207.61 of the Commission’s rules. copy, please enclose a check (there is a producers or exporters of the Subject 25 cent per page reproduction cost) in Merchandise in any of the Subject Issued: September 27, 1999. By order of the Commission. the amount of $5.00 payable to the Countries, provide the following Consent Decree Library. information on your firm’s(s’) Donna R. Koehnke, Joel Gross, operations on that product during Secretary. calendar year 1998 (report quantity data [FR Doc. 99–25623 Filed 9–30–99; 8:45 am] Chief, Environmental Enforcement Section, Environment and Natural Resources Division. in pounds and value data in thousands BILLING CODE 7020±02±P of U.S. dollars, landed and duty-paid at [FR Doc. 99–25508 Filed 9–30–99; 8:45 am] the U.S. port but not including BILLING CODE 4410±15±M antidumping or countervailing duties). DEPARTMENT OF JUSTICE If you are a trade/business association, DEPARTMENT OF JUSTICE provide the information, on an aggregate Notice of Lodging of Consent Decree basis, for the firms which are members Pursuant to the Comprehensive Notice of Lodging of Consent Decree of your association. Environmental Response, Pursuant to the Clean Air Act (a) Production (quantity) and, if Compensation, and Liability Act of known, an estimate of the percentage of 1980, as Amended Notice is hereby given that on total production of Subject Merchandise September 7, 1999, the United States in each Subject Country accounted for Consistent with Departmental policy, lodged a proposed consent decree with by your firm’s(s’) production; and 28 CFR 50.7, 38 FR 19029, and 42 U.S.C. the United States District Court for the (b) the quantity and value of your 9622(d), notice is hereby given that on Western District of Michigan, in United firm’s(s’) exports to the United States of August 19, 1999, a proposed Consent States v. Elmer’s Crane and Dozer, Inc., Subject Merchandise and, if known, an Decree in United States v. Cape Chem Civil No. 1:99–CV–383, under Section estimate of the percentage of total Corporation, et al., Civil Action No. 97– 113(b) of the Clean Air Act, 42 U.S.C. exports to the United States of Subject 11851 MLW, was lodged with the 7413(b). The proposed consent decree Merchandise from each Subject United States District Court for the resolves certain claims of the United Countries accounted for by your District of Massachusetts. The proposed States against Elmer’s Crane and Dozer, firm’s(s’) exports. Consent Decree will resolve the United Inc. (‘‘Elmer’s’’), arising out of three of (10) Identify significant changes, if States’ claims under the Comprehensive its gravel crushing facilities located in any, in the supply and demand Environmental Response, Leelanau County and Traverse County, conditions or business cycle for the Compensation, and Liability Act Michigan. Under the proposed Consent Domestic Like Product that have (‘‘CERCLA’’), 42 U.S.C. 9601, et seq., on Decree Elmer’s will pay the United occurred in the United States or in the behalf of the U.S. Environmental States a $168,000 penalty. market for the Subject Merchandise in Protection Agency (‘‘EPA’’) against The Department of Justice will receive the Subject Countries since the Order defendants relating to the Payne Cutlery comments relating to the proposed Dates, and significant changes, if any, Superfund Site (‘‘Site’’) located in New Consent Decree for 30 days following that are likely to occur within a Bedford, Massachusetts. The Complaint publication of this Notice. Comments reasonably foreseeable time. Supply alleges that each of the defendants is should be addressed to the Assistant conditions to consider include liable under Section 107(a) of CERCLA, Attorney General, Environment and technology; production methods; 42 U.S.C. 9607(a). Natural Resources Division, United development efforts; ability to increase Pursuant to the Consent Decree, the States Department of Justice, P.O. Box production (including the shift of settling defendants agree to pay $70,000 7611, Ben Franklin Station, Washington, production facilities used for other of the approximately $233,000 in EPA’s DC 20044–7611, and should refer to products and the use, cost, or response costs, plus interest from July United States v. Elmer’s Crane and

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Dozer, Inc., Civil No. 1:99–CV–383, 90– The Department of Justice will receive recovery of antitrust plaintiffs to actual 5–2–1–2208. The proposed Consent comments relating to the proposed damages under specified circumstances. Decree may be examined at the Office of consent decrees for a period of 30 days Specifically, DaimlerChrysler the United States Attorney for the from the date of this publication. Corporation, Auburn Hills, MI, owned Western District of Michigan, Grand Comments should be addressed to the by DaimlerChrysler AG, Stuttgart, Rapids, Michigan; the Region V Office Assistant Attorney General of the Germany has been added as a party to of the United States Environmental Environment and Natural Resources this venture. Also, Chrysler Corporation, Protection Agency, 77 West Jackson Division, Department of Justice, Auburn Hills, MI, and Johnson Controls, Boulevard, Chicago, Illinois 60604. A Washington, DC 20530 (attention: Lisa Inc., Plymouth, MI have been dropped copy of the proposed Consent Decree Cherup). All comments should refer to as parties to this venture. may be obtained by mail from the ‘‘United States v. Witco Corporation and No other changes have been made in Department of Justice Consent Decree the Pyrites Company, (Halby Chemical either the membership or planned Library, P.O. Box 7611, Washington, DC Superfund Site), DJ 90–11–2–719B.’’ activity of the group research project. 20044. In requesting a copy, please Additionally, commenters may request Membership in this group research enclose a check for reproduction costs an opportunity for a public meeting in project remains open, and Auto Body (at 25 cents per page) in the amount of the affected area, in accordance with Consortium, Inc.: Intelligent Resistance $3.25 for the Decree, payable to the Section 7003(d) of RCRA. Welding Joint Venture intends to file Consent Decree Library. The proposed consent decrees may be additional written notification Bruce S. Gelber, examined at the Office of the United disclosing all changes in membership. Deputy Chief, Environmental Enforcement States Attorney for the District of On September 18, 1995, Auto Body Section, Environment and Natural Resources Delaware, 1201 Market Street, Ste. 1100, Consortium, Inc.: Intelligent Resistance Division. P.O. Box 2046, Wilmington, Delaware Welding Joint Venture filed its original [FR Doc. 99–25507 Filed 9–30–99; 8:45 am] 19801, and at the office of the U.S. notification pursuant to Section 6(a) of BILLING CODE 4410±15±M Environmental Protection Agency, the Act. The Department of Justice Region III, 1650 Arch Street, Fifth Floor, published a notice in the Federal Philadelphia, PA 19103–2029 (attention Register pursuant to Section 6(b) of the DEPARTMENT OF JUSTICE Patricia C. Miller, Assistant Regional Act on December 6, 1995 (60 FR 62476). Counsel, 215–814–2662). A copy of the The last notification was filed with Notice of Lodging of Consent Decree proposed consent decrees may be the Department on March 17, 1997. A Relating to the Halby Chemical obtained by mail from the Department notice was published in the Federal Superfund Site in Wilmington, New of Justice Consent Decree Library, P.O. Register pursuant to Section 6(b) of the Castle County, Delaware, Under the Box 7611, Washington, DC 20004. In Act on April 29, 1997 (62 FR 23266). Comprehensive Environmental requesting a copy, please refer to the Constance K. Robinson, Response, Compensation, and Liability above-referenced DJ number, and Director of Operations, Antitrust Division. Act enclose a check in the amount of $26.00 [FR Doc. 99–25512 Filed 9–30–99; 8:45 am] (twenty-five cents per page reproduction Pursuant to 42 U.S.C. 9622(d), notice BILLING CODE 4410±11±M hereby is given that a proposed consent costs) for the Consent Decree (104 pages decree in United States v. Witco total), payable to the Consent Decree Corporation and the Pyrites Company, Library. DEPARTMENT OF JUSTICE Joel M. Gross, Civil Action No. 99–628 was lodged Antitrust Division with the United States District Court for Chief, Environmental Enforcement Section, Environment & Natural Resources Division. the District of Delaware, on September Notice Pursuant to the National [FR Doc. 99–25509 Filed 9–30–99; 8:45 am] 17, 1999. Cooperative Research and Production This action was commenced pursuant BILLING CODE 4410±15±M Act of 1993ÐJoint Tactical Radio to the Comprehensive Environmental System (``JTRS'') Step 1 Consortium Response, Compensation and Liability Act (‘‘CERCLA’’), 42 U.S.C. 9601, et seq. DEPARTMENT OF JUSTICE Notice is hereby given that, on March in connection with the Halby Chemical 5, 1999, pursuant to Section 6(a) of the Antitrust Division Superfund Site located in Wilmington, National Cooperative Research and New Castle County, Delaware. (See the Notice Pursuant to the National Production Act of 1993, 15 U.S.C. 4301 National Priorities List in 40 CFR part Cooperative Research and Production et seq. (‘‘the Act’’), Boeing North 300, appendix B). Act of 1993ÐAuto Body Consortium, American, Inc. (‘‘Boeing’’) has filed Pursuant to this consent decree, the Inc.: Intelligent Resistance Welding written notifications simultaneously Witco Corporation and the Pyrites Joint Venture with the Attorney General and the Company have agreed to perform the Federal Trade Commisison disclosing Operable Unit 2 remedial design and Notice is hereby given that, on April (1) the identities of the parties and (2) remedial action at the Halby Superfund 28, 1999, pursuant to Section 6(a) of the the nature and objectives of the venture. Site (the ‘‘Site’’). and to reimburse the National Cooperative Research and The notifications were filed for the United States approximately $6.2 Production Act of 1993, 15 U.S.C. 4301 purpose of invoking the Act’s provisions million in response costs, plus interest, et seq. (‘‘the Act’’), Auto Body limiting the recovery of antitrust incurred by the United States in Consortium, Inc.: Intelligent Resistance plaintiffs to actual damages under connection with the Site. Welding Joint Venture has filed written specified circumstances. Pursuant to The consent decree includes a notifications simultaneously with the Section 6(b) of the Act, the identities of covenant not to sue by the United States Attorney General and the Federal Trade the parties are Boeing North American, under Sections 106 and 107 of CERLA, Commission disclosing changes in its Inc., Seal Beach, CA; Racal and under Section 7003 of the Resource membership status. The notifications Communications, Inc., Rockville, MD; Conservation and Recovery Act were filed for the purpose of extending Harris Corporation, Melbourne, FL; (‘‘RCRA’’), 42 U.S.C. 6973. the Act’s provisions limiting the Lucent Technologies, Inc., Murray Hill,

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NJ; Xetron Corporation, Cincinnati, OH; DEPARTMENT OF JUSTICE with the Attorney General and the Rockwell International Corporation, Federal Trade Commission disclosing Costa Mesa, CA; ViaSat, Inc., Carlsbad, Antitrust Division changes in its membership status. The CA; and Autometric Incorporated, notifications were filed for the purpose Notice Pursuant to the National Springfield, VA. The Joint Tactical of extending the Act’s provisions Cooperation Research and Production Radio System (‘‘JTRS’’) Step 1 limiting the recovery of antitrust Act of 1993ÐSemiconductor Research plaintiffs to actual damages under Consortium will participate in a Corporation research and development program specified circumstances. Specifically, under a contract award by the U.S. Notice is hereby given that, on March Southcorp USA, Inc., Atlanta, GA has Army Communications—Electronics 12, 1999, pursuant to Section 6(a) of the been dropped as a party to this venture. No other changes have been made in Command to define an open National Cooperative Research and either the membership or planned architecture for a family of affordable Production Act of 1993, 15 U.S.C. activity of the group research project. tactical radios to meet military § 4301 et seq. (‘‘the Act’’), the Membership in this group research communications requirements in a Semiconductor Research Corporation (‘‘SRC’’) has filed written notifications project remains open, and Water Heater competitive non-developmental item Industry Joint Research and environment. simultaneously with the Attorney General and the Federal Trade Development Consortium intends to file Constance K. Robinson, Commission disclosing changes in its additional written notification Director of Operations, Antitrust Division. membership status. The notifications disclosing all changes in membership. [FR Doc. 99–25511 Filed 9–30–99; 8:45 am] were filed for the purpose of extending On February 28, 1995, Water Heater BILLING CODE 4410±11±M the Act’s provisions limiting the Industry Joint Research and recovery of antitrust plaintiffs to actual Development Consortium filed its damages under specified circumstances. original notification pursuant to Section DEPARTMENT OF JUSTICE Specifically, Microcosm Technologies, 6(a) of the Act. The Department of Inc., Raleigh, NC has been added as a Justice published a notice in the Federal Antitrust Division party to this venture. Register pursuant to Section 6(b) of the No other changes have been made in Act on March 27, 1995 (60 FR 15789). Notice Pursuant to the National either the membership or planned Constance K. Robinson, Cooperative Research and Production activity of the group research project. Director of Operations, Antitrust Division. Act of 1993ÐLanguage Systems Inc. Membership in this group research [FR Doc. 99–25514 Filed 9–30–99; 8:45 am] project remains open, and the SRC BILLING CODE 4410±11±M Notice is hereby given that, on March intends to file additional written 16, 1999, pursuant to Section 6(a) of the notification disclosing all changes in National Cooperative Research and membership. DEPARTMENT OF LABOR Production Act of 1993, 15 U.S.C. 4301 On January 7, 1985, the SRC filed its et seq. (‘‘the Act’’), Language Systems original notification pursuant to Section Employment and Training Inc. has filed written notifications 6(a) of the Act. The Department of Administration simultaneously with the Attorney Justice published a notice in the Federal General and the Federal Trade Register pursuant to Section 6(b) of the Proposed Collection; Comment Commission disclosing (1) the identities Act of January 30, 1985 (50 FR 4281). Request The last notification was filed with of the parties and (2) the nature and ACTION: Notice. objectives of the venture. The the Department on December 1, 1998. A notifications were filed for the purpose notice was published in the Federal SUMMARY: The Department of Labor, as Register pursuant to Section 6(b) of the of invoking the Act’s provisions limiting part of its continuing effort to reduce Act on January 29, 1999 (64 FR 4709). the recovery of antitrust plaintiffs to paperwork and respondent burden actual damages under specified Constance K. Robinson, conducts a preclearance consultation circumstances. Pursuant to Section 6(b) Director of Operations, Antitrust Division. program to provide the general public of the Act, the identities of the parties [FR Doc. 99–25513 Filed 9–30–99; 8:45 am] and Federal agencies with an are Language Systems, Inc., Woodland BILLING CODE 4410±11±M opportunity to comment on proposed Hills, CA; Eloquent Technology Inc., and/or continuing collections of Ithaca, NY; and University of Southern information in accordance with the DEPARTMENT OF JUSTICE Paperwork Reduction Act of 1995 California, Los Angeles, CA. The nature (PRA95) (44 U.S.C. 3506(c)(2)(A)). This and objectives of the venture are to Antitrust Division program helps to ensure that requested develop and demonstrate A Spoken data can be provided in the desired Language Forms Translator for Notice Pursuant to the National Cooperative Research and Production format, reporting burden (time and Information Transactions. financial resources) is minimized, Constance K. Robinson, Act of 1993ÐWater Heater Industry Joint Research and Development collection instruments are clearly Director of Operations, Antitrust Division. Consortium understood, and the impact of collection [FR Doc. 99–25510 Filed 9–30–99; 8:45 am] requirements on respondents can be BILLING CODE 4410±11±M Notice is hereby given that, on March properly assessed. Currently, the 17, 1999, pursuant to Section 6(a) of the Employment and Training National Cooperative Research and Administration is soliciting comments Production Act of 1993, 15 U.S.C. concerning the proposed revision and § 4301 et seq. (‘‘the Act’’), Water Heater extension collection of the ETA 5159, Industry Joint Research and Claims and Payment Activities. Development Consortium has filed A copy of the proposed information written notifications simultaneously collection request (ICR) can be obtained

VerDate 22-SEP-99 14:00 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\A01OC3.088 pfrm01 PsN: 01OCN1 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Notices 53417 by contacting the office listed below in use of appropriate automated, data can be provide in the desired the ADDRESSES section of this notice. electronic, mechanical, or other format, reporting burden (time and DATES: Written comments must be technological collection techniques or financial resources) is minimized, submitted to the office listed in the other forms of information technology, collection instruments are clearly ADDRESSES section below on or before e.g., permitting electronic submissions understood, and the impact of collection November 30, 1999. of responses. requirements on respondents can be properly assessed. Currently, the ADDRESSES: Cynthia L. Ambler, U.S. III. Current Actions Department of Labor, Employment and Employment and Training Training Administration, Room S–4231, The ETA 5159 report continues to be Administration is soliciting comments 200 Constitution Ave., NW., needed for administrative financing, on the proposed extension of the Senor Washington, DC Phone: 202–219–6209 program evaluation and public Community Service Employment x129 (this is not a toll free number). E- information. The revision eliminates a Program information request. A copy of mail: [email protected]. data item no longer needed. the proposed information collection Type of Review: Extension with request (ICR) can be obtained by FOR FURTHER INFORMATION CONTACT: change. contacting the office listed below in the Cynthia Ambler, U.S. Department of Agency: Employment and Training addressee section of this notice. Labor, Employment and Training Administration. DATES: Written comments must be Administration, Room S–4231, 200 Title: Claims and Payment Activities. submitted to the office listed in the Constitution Ave. NW., Washington, DC OMB Number: 1205–0010. addressee section below on or before 20210. Phone number: 202–219–6209 Agency Number: ETA 5159. November 30, 1999. x129. Fax: 202–219–8506. (These are Affected Public: State Government. ADDRESSES: Mr. Erich W. (‘‘Ric’’) not toll free numbers.) E-mail: Cite/Reference/Form/etc: ETA 5159. [email protected]. Larisch, Chief of the Division of Older Total Respondents: 53. Worker Programs, N 4641, 200 SUPPLEMENTARY INFORMATION Frequency: Monthly. Constitution Ave. NW Washington DC. I. Background Total Responses: 636. 20210. The Telephone Number is (202) Average Time per Response: 1.89 hrs. 219–5904 extension 118 (this is not a The ETA 5159 report contains Estimated Total Burden Hours: 1359 toll-free number). The Internet address information on claims activities hrs. is [email protected]. The fax number including initial claims, weeks claimed, Total Burden Cost (operating/ is (202) 501–2135. weeks compensated, and the amount of maintaining): $33,975. SUPPLEMENTARY INFORMATION: benefit payments. These data are used Comments submitted in response to in budgetary and administrative this comment request will be I. Background planning, program evaluation, and summarized and/or included in the The information collected for the reports to Congress and the public. The request for Office of Management and Senior Community Service Employment change being proposed concerns Budget approval of the information Program (SCSEP) is used to administer continued weeks claims filed by collection request; they will also this $440 million program which serves interstate claimants. Revised interstate become a matter of public record. nearly 100,000 people each year. In claims taking procedures provide that Dated: September 24, 1999. addition, the collected information is interstate continued weeks can no the basis for reports which are prepared longer be filed through the agent State. Grace A. Kilbane, Director, Unemployment Insurance Service. to inform the Congress and the public of All such claims are now mailed or the program’s accomplishments. phoned directly to the liable State. [FR Doc. 99–25569 Filed 9–30–99; 8:45 am] Therefore the data item interstate BILLING CODE 4510±30±P II. Review Focus continued weeks claimed taken by the The Department of Labor is agent State will be zero. This change particularly interested in comments removes that data item from the report DEPARTMENT OF LABOR that: form. • Evaluate whether the proposed Employment and Training collection of information is necessary II. Review Focus Administration for the proper performance of the The Department of Labor is Senior Community Service functions of the agency, including particularly interested in comments Employment Program (SCSEP) whether the information will have which: Reporting and Grant Application practical utility; • Evaluate whether the proposed • Package Proposed Collection; Evaluate the accuracy of the collection of information is necessary agency’s estimate of the burden of the Comment Request for the proper performance of the proposed collection of information, functions of the agency, including ACTION: Notice. including the validity of the whether the information will have methodology and assumptions used; practical utility; SUMMARY: The Department of Labor, as • Enhance the quality, utility, and • Evaluate the accuracy of the part of its continuing effort to reduce clarify of the information to be agency’s estimate of the burden of the paperwork and respondent burden, collected; and proposed collection of information, conducts a pre-clearance consultation • Minimize the burden of the including the validity of the program to provide the general public collection of information on those who methodology and assumptions used; and Federal agencies with an are to respond, including through the • Enhance the quality, utility, and opportunity to comment on proposed use of appropriate automated, clarity of the information to be and/or continuing collections of electronic, mechanical, or other collected; and information in accordance with the technological collection techniques or • Minimize the burden of the Paperwork Reduction Act of 1955 other forms of information technology, collection of information on those who (PRA95) (44 U.S.C. 3506(c)(2)(A)). This e.g., permitting electronic submissions are to respond, including through the program helps to ensure that requested of responses.

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III. Current Actions at 641.321(b)(2) require the placement of OMB No.: 1205–0040. The Department of Labor uses three a poster of allowable and unallowable Record Keeping: Agencies maintain reports and an annual grant package to political activites. records for 3 years after the end of the administer the SCSEP program. These Type of Review: Reinstatement with grant period. If there are audit reports are: a quarterly report of change. exceptions, grantees may have to keep program data, which is the Quarterly Agency: Employment and Training records longer. Progress Report (QPR), a quarterly Administration. Affected Public: State government financial report which is Financial Title: The Senior Community Service agencies and non-profit organizations. Status Report (FSR) and an annual Employment Program (SCSEP) Total Respondents: 62. report of the distribution of program Reporting and Grant Application Frequency: Annually or quarterly positions. Also, the program regulations Package. which is placed as needed.

Average Total Total time per Burden Cite/reference Respond. Frequency responses response (hours) (hours)

Quarterly Progress Report (ETA 5140) ...... 62 Quarterly ...... 248 8 1984 Poster Placement ...... 62 N/A ...... 62 1 62 Equitable Distribution Report (ETA±8705) ...... 62 Annually ...... 62 12 744 Grant Application Signature sheet (ETA±5163) ...... 62 Annually ...... 62 1 62

Total ETA Activity ...... 62 ///// ...... 434 ///// 2852

Financial Status Report (SF±269) ...... 62 Quarterly Plus Final ..... 310 8 2480 Grant Planning (SF±424A & 424) ...... 62 Annually ...... 62 40 2480

Total SF Activity ...... 62 ///// ...... 372 ///// *60

* The Standard Form (SF) burden hours are separate from the other burden hours and are not counted towards ETA's ICB.

Total Burden Cost (capital/startup): projects of a similar character and in the impractical and contrary to the public $0. localities specified therein. interest. Total Burden Cost (Operating/ The determinations in these decisions General wage determination Maintaining): $1–2 million of prevailing rates and fringe benefits decisions, and modifications and Comments submitted in response to have been made in accordance with 29 supersedes decisions thereto, contain no this request will be summarized and/or CFR Part 1, by authority of the Secretary expiration dates and are effective from included in the request for Office of of Labor pursuant to the provisions of their date of notice in the Federal Management and Budget approval of the the Davis-Bacon Act of March 3, 1931, Register, or on the date written notice information collection request; they will as amended (46 Stat. 1494, as amended, is received by the agency, whichever is also become a matter of public record. 40 U.S.C. 276a) and of other Federal earlier. These decisions are to be used Dated: September 24, 1999. statutes referred to in 29 CFR Part 1, in accordance with the provisions of 29 Anna W. Goddard, Appendix, as well as such additional CFR Parts 1 and 5. Accordingly, the Director, Office of National Programs. statutes as may from time to time be applicable decision, together with any [FR Doc. 99–25570 Filed 9–30–99; 8:45 am] enacted containing provisions for the modifications issued, must be made a BILLING CODE 4510±30±M payment of wages determined to be part of every contract for performance of prevailing by the Secretary of Labor in the described work within the accordance with the Davis-Bacon Act. geographic area indicated as required by DEPARTMENT OF LABOR The prevailing rates and fringe benefits an applicable Federal prevailing wage determined in these decisions shall, in law and 29 CFR Part 5. The wage rates Employment Standard Administration accordance with the provisions of the and fringe benefits, notice of which is Wage and Hour Division foregoing statutes, constitute the published herein, and which are minimum wages payable on Federal and contained in the Government Printing Minimum Wages for Federal and federally assisted construction projects Office (GPO) document entitled Federally Assisted Construction; to laborers and mechanics of the ‘‘General Wage Determination Issued General Wage Determination Decisions specified classes engaged on contract Under The Davis-Bacon And Related General Wage determination work of the character and in the Acts,’’ shall be in the minimum paid by decisions of the Secretary of Labor are localities described therein. contractors and subcontractors to issued in accordance with applicable Good cause is hereby found for not laborers and mechanics. law and are based on the information utilizing notice and public comment Any person, organization, or obtained by the Department of Labor procedure thereon prior to the issuance governmental agency having an interest from its study of local wage conditions of these determinations as prescribed in in the rates determined as prevailing is and data made available from other 5 U.S.C. 553 and not providing for delay encouraged to submit wage rate and sources. They specify the basic hourly in the effective date as prescribed in that fringe benefit information for wage rates and fringe benefits which are section, because the necessity to issue consideration by the Department. determined to be prevailing for the current construction industry wage Further information and self- described classes of laborers and determinations frequently and in large explanatory forms for the purpose of mechanics employed on construction volume causes procedures to be submitting this data may be obtained by

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PA990025 (MAR. 12, 1999) MO990052 (MAR. 12, 1999) Modifications to General Wage VIRGINIA MO990057 (MAR. 12, 1999) VA990001 (MAR. 12, 1999) Determination Decisions MO990058 (MAR. 12, 1999) VA990008 (MAR. 12, 1999) MO990062 (MAR. 12, 1999) The number of decisions listed in the VA990012 (MAR. 12, 1999) MO990065 (MAR. 12, 1999) Government Printing Office document VA990022 (MAR. 12, 1999) MO990067 (MAR. 12, 1999) entitled ‘‘General Wage Determinations VA990025 (MAR. 12, 1999) MO990068 (MAR. 12, 1999) Issued Under the Davis-Bacon and VA990048 (MAR. 12, 1999) MO990072 (MAR. 12, 1999) VA990052 (MAR. 12, 1999) Related Acts’’ being modified are listed NEW MEXICO VA990053 (MAR. 12, 1999) NM990001 (MAR. 12, 1999) by Volume and State. Dates of VA990058 (MAR. 12, 1999) OKLAHOMA publication in the Federal Register are VA990078 (MAR. 12, 1999) OK990013 (MAR. 12, 1999) in parentheses following the decisions VA990079 (MAR. 12, 1999) OK990014 (MAR. 12, 1999) being modified. VA990092 (MAR. 12, 1999) OK990016 (MAR. 12, 1999) VA990099 (MAR. 12, 1999) OK990017 (MAR. 12, 1999) VOLUME WEST VIRGINIA OK990018 (MAR. 12, 1999) CONNECTICUT WV990002 (MAR. 12, 1999) OK990030 (MAR. 12, 1999) CT990001 (MAR. 12, 1999) WV990003 (MAR. 12, 1999) OK990034 (MAR. 12, 1999) CT990003 (MAR. 12, 1999) WV990005 (MAR. 12, 1999) OK990035 (MAR. 12, 1999) CT990004 (MAR. 12, 1999) WV990006 (MAR. 12, 1999) OK990036 (MAR. 12, 1999) CT990008 (MAR. 12, 1999) OK990037 (MAR. 12, 1999) VOLUME III MASSACHUSETTS OK990038 (MAR. 12, 1999) MA990001 (MAR. 12, 1999) ALABAMA MA990002 (MAR. 12, 1999) AL990008 (MAR. 12, 1999) VOLUME VI MA990003 (MAR. 12, 1999) VOLUME IV COLORADO MAINE CO990003 (MAR. 12, 1999) ME990005 (MAR. 12, 1999) INDIANA CO990005 (MAR. 12, 1999) ME990006 (MAR. 12, 1999) IN990001 (MAR. 12, 1999) CO990010 (MAR. 12, 1999) ME990010 (MAR. 12, 1999) IN990002 (MAR. 12, 1999) NORTH DAKOTA ME990019 (MAR. 12, 1999) IN990003 (MAR. 12, 1999) ND990002 (MAR. 12, 1999) ME990022 (MAR. 12, 1999) IN990004 (MAR. 12, 1999) WASHINGTON ME990025 (MAR. 12, 1999) IN990005 (MAR. 12, 1999) WA990001 (MAR. 12, 1999) ME990026 (MAR. 12, 1999) IN990006 (MAR. 12, 1999) WA990002 (MAR. 12, 1999) ME990037 (MAR. 12, 1999) IN990016 (MAR. 12, 1999) WA990005 (MAR. 12, 1999) NEW HAMPSHIRE IN990017 (MAR. 12, 1999) WA990008 (MAR. 12, 1999) NH990017 (MAR. 12, 1999) IN990059 (MAR. 12, 1999) WYOMING NEW JERSEY IN990061 (MAR. 12, 1999) WY990008 (MAR. 12, 1999) NJ990002 (MAR. 12, 1999) OHIO WY990009 (MAR. 12, 1999) NJ990003 (MAR. 12, 1999) OH990001 (MAR. 12, 1999) NJ990007 (MAR. 12, 1999) OH990002 (MAR. 12, 1999) VOLUME VII NJ990009 (MAR. 12, 1999) OH990003 (MAR. 12, 1999) CALIFORNIA NEW YORK OH990008 (MAR. 12, 1999) CA990002 (MAR. 12, 1999) NY990001 (MAR. 12, 1999) OH990026 (MAR. 12, 1999) CA990033 (MAR. 12, 1999) NY990003 (MAR. 12, 1999) OH990027 (MAR. 12, 1999) NEVADA NY990004 (MAR. 12, 1999) OH990028 (MAR. 12, 1999) NV990001 (MAR. 12, 1999) NY990005 (MAR. 12, 1999) OH990029 (MAR. 12, 1999) NY990010 (MAR. 12, 1999) OH990035 (MAR. 12, 1999) General Wage Determination NY990013 (MAR. 12, 1999) OH990036 (MAR. 12, 1999) Publication NY990018 (MAR. 12, 1999) WISCONSIN NY990025 (MAR. 12, 1999) WI990001 (MAR. 12, 1999) General wage determinations issued NY990026 (MAR. 12, 1999) WI990004 (MAR. 12, 1999) under the Davis-Bacon and related Acts, NY990041 (MAR. 12, 1999) WI990008 (MAR. 12, 1999) including those noted above, may be NY990045 (MAR. 12, 1999) WI990009 (MAR. 12, 1999) found in the Government Printing Office NY990048 (MAR. 12, 1999) WI990019 (MAR. 12, 1999) (GPO) document entitled ‘‘General Wage NY990072 (MAR. 12, 1999) VOLUME V Determinations Issued Under The Davis- NY990078 (MAR. 12, 1999) Bacon and Related Acts.’’ This IOWA VOLUME II IA990003 (MAR. 12, 1999) publication is available at each of the 50 DISTRICT OF COLUMBIA KANSAS Regional Government Depository DC990001 (MAR. 12, 1999) KS990006 (MAR. 12, 1999) Libraries and many of the 1,400 DC990003 (MAR. 12, 1999) MISSOURI Government Depository Libraries across MARYLAND MO990001 (MAR. 12, 1999) the country. MD990001 (MAR. 12, 1999) MO990002 (MAR. 12, 1999) The general wage determinations MD990002 (MAR. 12, 1999) MO990006 (MAR. 12, 1999) issued under the Davis-Bacon and MD990009 (MAR. 12, 1999) MO990007 (MAR. 12, 1999) related Acts are available electronically MD990021 (MAR. 12, 1999) MO990009 (MAR. 12, 1999) by subscription to the FedWorld MD990034 (MAR. 12, 1999) MO990011 (MAR. 12, 1999) MD990036 (MAR. 12, 1999) MO990013 (MAR. 12, 1999) Bulletin Board System of the National MD990037 (MAR. 12, 1999) MO990015 (MAR. 12, 1999) Technical Information Service (NTIS) of MD990042 (MAR. 12, 1999) MO990016 (MAR. 12, 1999) the U.S. Department of Commerce at 1– MD990045 (MAR. 12, 1999) MO990042 (MAR. 12, 1999) 800–363–2068

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Hard-copy subscriptions may be DATES: Membership is effective on the Dated: September 24, 1999. purchased from: Superintendent of date of this notice. Mathew M. Crouch, Documents, U.S. Government Printing FOR FURTHER INFORMATION CONTACT: Advisory Committee Management Officer, Office, Washington, DC 20402, (202) Richard L. Baker, Executive Director, National Aeronautics and Space 512–1800. Federal Mine Safety and Health Review Administration. When ordering hard-copy Commission, Suite 6000, 1730 K Street [FR Doc. 99–25485 Filed 9–30–99; 8:45 am] subscription(s), be sure to specify the NW, Washington, D.C. 20006. BILLING CODE 7510±01±P State(s) of interest, since subscriptions This notice does not meet the Federal may be ordered for any or all of the Mine Safety and Health Review NATIONAL AERONAUTICS AND seven separate volumes, arranged by Commission’s criteria for significant SPACE ADMINISTRATION State. Subscriptions include an annual regulations. edition (issued in January or February) Richard L. Baker, [Notice 99±123] which includes all current general wage determinations for the States covered by Executive Director, Federal Mine Safety and Health Review Commission. NASA Advisory Council, Life and each volume. Throughout the remainder Microgravity Sciences and [FR Doc. 99–25481 Filed 9–30–99; 8:45 am] of the year, regular weekly updates are Applications Advisory Committee, distributed to subscribers. BILLING CODE 6735±01±M Aerospace Medicine and Occupational Signed at Washington, DC this 24th day of Health Advisory Subcommittee; September 1999. Meeting Terry Sullivan, NATIONAL AERONAUTICS AND AGENCY: National Aeronautics and Acting Chief, Branch of Construction Wage SPACE ADMINISTRATION Space Administration. Determinations. ACTION: Notice of Meeting. [FR Doc. 99–25275 Filed 9–30–99; 8:45 am] [Notice 99±122] BILLING CODE 4510±27±M SUMMARY: In accordance with the NASA Advisory Council (NAC), Task Federal Advisory Committee Act, Pub. Force on International Space Station L. 92–463, as amended, the National Operational Readiness; Meeting Aeronautics and Space Administration FEDERAL MINE SAFETY AND HEALTH announces a meeting of the NASA REVIEW COMMISSION AGENCY: National Aeronautics and Advisory Council, Life and Microgravity Space Administration. Senior Executive Service Performance Sciences and Applications Advisory Review Board (PRB); Notice ACTION: Notice of Meeting. Committee, Aerospace Medicine and Occupational Health Advisory AGENCY: Federal Mine Safety and Health SUMMARY: In accordance with the Subcommittee. Review Commission. Federal Advisory Committee Act, Pub. DATES: Tuesday, October 19, 1999, 1:00 L. 92–463, as amended, the National ACTION: Notice of Members of the p.m. to 5:00 p.m., and Wednesday, Federal Mine Safety and Health Review Aeronautics and Space Administration October 20, 1999, 8:00 a.m. to 11:30 Commission Performance Review Board announces an open meeting of the NAC p.m. Task Force on International Space (PRB). ADDRESSES: Tuesday’s meeting will be Station Operational Readiness (IOR). held at the Lyndon B. Johnson Space SUMMARY: Pursuant to 5 U.S.C. DATES: Wednesday, October 20, 1999, Center, Building 1, Room 871, 2101 4314(c)(4), this notice announces the 12:00 p.m.–1:00 p.m. Eastern Standard NASA Road 1, Houston, TX 77058. appointment of members of the PRB for Time. Wednesday’s meeting will be held at the the Federal Mine Safety and Health ADDRESSES: NASA Headquarters, 300 E Center for Advanced Space Studies, Review Commission. The Board reviews Street, SW, Room 7W31, Washington, University Space Research Association, the performance appraisals of career and DC 20546. Director’s Conference Room, 300 Bay non-career senior executives. The Board Area Blvd., Houston, TX 77058. makes recommendations regarding FOR FURTHER INFORMATION CONTACT: Mr. FOR FURTHER INFORMATION CONTACT: Dr. proposed performance appraisals, Philip Cleary, Code IH, National Sam L. Pool, Code SA, Lyndon B. ratings, bonuses and other appropriate Aeronautics and Space Administration, Johnson Space Center, National personnel actions. Washington, DC 20546–0001, 202/358– 4461. Aeronautics and Space Administration, COMPOSITION OF PRB: The Board shall Houston, TX 77058, 281–483–7109. consist of at least three voting members. SUPPLEMENTARY INFORMATION: This meeting will be open to the public up SUPPLEMENTARY INFORMATION: The In the case of an appraisal of a career meeting will be open to the public up appointee, more than half of the to the seating capacity of the room. The agenda for the meeting is as follows: to the seating capacity of the room. The members shall consist of career agenda for the meeting is as follows: appointees. The names and titles of the —Review the assessment of the Proton PRB members are as follows: —Chairman’s Perspective launch failure investigation. —Status of Findings and PRIMARY MEMBERS: Thomas W. Harrison, It is imperative that the meeting be Recommendations Executive Director, Administrative held on these dates to accommodate the —Space Medicine Overview and Budget Resource Center, Bureau of the Public scheduling priorities of the key Status Dept., Debra L. Hines, Assistant participants. Please note that pending —Current Issues in Space Medicine Commissioner, Officer of Public Debt programmatic decisions will likely Issues Accounting, Bureau of the Public Debt., change the time, date, and location of —Multilateral Medical Operations Panel Cynthia Z. Springer, Assistant this meeting (contact Mr. Philip Cleary Report Commissioner, Office of Information (202/358–4461) for latest information). —Multilateral Space Medicine Board Technology, Bureau of the Public Debt. Visitors will be requested to sign a Report ALTERNATE MEMBERS: None. visitor’s register. —Physician Comparability

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—Neurolab Update 3.6.1.8, Action b. In accordance with T4803F601 is not an initiator of an event or —OLMSA Policy on Astronaut Health NRC procedures described in the NRC involved in accident initiation sequence. Care & Biomedical Research Inspection Manual, Part 9900, Notices of Therefore, the proposed change does not —Pillars of Biology & Augmentation involve an increase in the probability of an Enforcement Discretion, dated June 29, accident. Update 1999, the licensee applied for this The T4803F601 or the outboard isolation —Progress, Institute of Medicine Review license amendment within 48 hours valves must close to isolate penetration X–26. —Occupational Health Update after the NRC staff issued the NOED on With the penetration isolated by the outboard —Preparation and Review of Committee September 23, 1999. The NRC staff will isolation valves, failure of the T4803F601 Findings and Recommendations process this amendment in an exigent would involve no significant increase in It is imperative that the meeting be manner, as described in the Inspection consequences of an accident since the held on this date to accommodate the Manual, in order to minimize the time containment function is preserved. scheduling priorities of the key Therefore, failure of the T4803F601 does not the plant is operated under the NOED. involve an increase in the probability or participants. Visitors will be requested In its application, the licensee consequences of an accident. to sign a visitor’s register. explained why it could not have 2. The proposed change does not create the Dated: September 24, 1999. foreseen the need for this amendment. possibility of a new or different kind of accident from any accident previously Matthew M. Crouch, The amendment is needed to allow continued plant operation after evaluated. Advisory Committee Management Officer, The T4803F601 is an inboard containment National Aeronautics and Space penetration X–26 unexpectedly failed its local leak rate test on September 22, isolation valve. The safety function of the Administration. valve is to provide for containment [FR Doc. 99–25486 Filed 9–30–99; 8:45 am] 1999. Based on the data it collected, the penetration X–26 post accident isolation. licensee believes the high leakage is BILLING CODE 7510±01±P T4803F601 and two outboard isolation valves passing through inboard containment T4800F407 and T4800F408 comprise the isolation valve T4803F601. The results penetrations isolation. The valves safety of previous local leak rate tests had not function is to close and remain closed. The NUCLEAR REGULATORY indicated any adverse trend in the leak outboard isolation valves are normally closed COMMISSION tightness of this penetration. isolation valves that will be closed and [Docket No. 50±341] The staff has determined that the deactivated. Therefore, no new or different licensee used its best efforts to make a types of failures or accident initiators are introduced by the proposed change. Detroit Edison Company; Notice of timely application for the proposed Consideration of Issuance of 3. The change does not involve a changes and that exigent circumstances significant reduction in the margin of safety. Amendment to Facility Operating do exist and were not the result of any Operating with excessive leakage on License, Proposed No Significant intentional delay on the part of the T4803F601 places additional reliance on Hazards Consideration Determination, licensee. T4800F407 and T4800F408, as they would be and Opportunity for a Hearing Before issuance of the proposed the single containment barrier. The change license amendment, the Commission includes closing and deactivating the The U.S. Nuclear Regulatory will have made findings required by the outboard containment isolation valves that Commission (the Commission) is Atomic Energy Act of 1954, as amended are normally closed to provide assurance the considering issuance of an amendment penetration is isolated. Closing and (the Act) and the Commission’s to Facility Operating License No. NPF– deactivating these valves eliminates the regulations. 43, issued to Detroit Edison Company potential that any active failure could lead to Pursuant to 10 CFR 50.91(a)(6) for loss of function. Past leak performance and (the licensee), for operation of the Fermi amendments to be granted under 2 Plant located in Newport, Michigan. ongoing periodic leak testing minimize the exigent circumstances, the NRC staff potential that passive failures would occur The proposed amendment would must determine that the amendment for these valves. The change does not involve modify current Technical Specification request involves no significant hazards a new mode of operation or change to the (TS) 3.6.1.8 by adding footnote ‘‘**’’ to consideration. Under the Commission’s UFSAR [Updated Final Safety Analysis Action b. The footnote allows continued Report] transient analyses. Therefore, the regulations in 10 CFR 50.92, this means operation of Fermi 2 with the leakage of proposed change does not involve a that operation of the facility in penetration X–26 exceeding the limit in significant reduction in the margin of safety. accordance with the proposed TS 4.6.1.8.2, provided certain amendment would not (1) involve a The NRC staff has reviewed the compensatory measures are taken. significant increase in the probability or licensee’s analysis and, based on this Operation would be allowed to continue consequences of an accident previously review, it appears that the three until the next plant shutdown. Because evaluated; or (2) create the possibility of standards of 10 CFR 50.92(c) are the NRC staff expects to issue the Fermi a new or different kind of accident from satisfied. Therefore, the NRC staff 2 improved standard TSs (ITS) in the any accident previously evaluated; or proposes to determine that the near future, the licensee has also (3) involve a significant reduction in a amendment request involves no provided a version of the TS margin of safety. As required by 10 CFR significant hazards consideration. amendment that would be compatible 50.91(a), the licensee has provided its The Commission is seeking public with the ITS. This version adds a new analysis of the issue of no significant comments on this proposed special operations TS, ITS 3.10.8, to hazards consideration, which is determination. Any comments received address the compensatory actions and presented below: within 14 days after the date of other requirements associated publication of this notice will be penetration X–26. 1. The proposed change does not involve considered in making any final Detroit Edison is requesting that this a significant increase in the probability or determination. license amendment request be consequences of an accident previously Normally, the Commission will not evaluated. processed in an exigent manner in The proposed change revises the issue the amendment until the accordance with 10 CFR 50.91(a)(6) acceptance criteria for Drywell Air Purge expiration of the 14-day notice period. because the plant is currently operating Penetration X–26 to allow continued However, should circumstances change under a Notification of Enforcement operation with inboard isolation valve during the notice period, such that Discretion (NOED) with respect to TS T4803F601 exceeding the leakage rate. The failure to act in a timely way would

VerDate 22-SEP-99 18:00 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 E:\FR\FM\01OCN1.XXX pfrm01 PsN: 01OCN1 53422 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Notices result, for example, in derating or Board will issue a notice of hearing or limitations in the order granting leave to shutdown of the facility, the an appropriate order. intervene, and have the opportunity to Commission may issue the license As required by 10 CFR 2.714, a participate fully in the conduct of the amendment before the expiration of the petition for leave to intervene shall set hearing, including the opportunity to 14-day notice period, provided that its forth with particularity the interest of present evidence and cross-examine final determination is that the the petitioner in the proceeding, and witnesses. amendment involves no significant how that interest may be affected by the If the amendment is issued before the hazards consideration. The final results of the proceeding. The petition expiration of the 30-day hearing period, determination will consider all public should specifically explain the reasons the Commission will make a final and State comments received. Should why intervention should be permitted determination on the issue of no the Commission take this action, it will with particular reference to the significant hazards consideration. If a publish in the Federal Register a notice following factors: (1) the nature of the hearing is requested, the final of issuance. The Commission expects petitioner’s right under the Act to be determination will serve to decide when that the need to take this action will made a party to the proceeding; (2) the the hearing is held. occur very infrequently. nature and extent of the petitioner’s If the final determination is that the Written comments may be submitted property, financial, or other interest in amendment request involves no by mail to the Chief, Rules and the proceeding; and (3) the possible significant hazards consideration, the Directives Branch, Division of effect of any order which may be Commission may issue the amendment Administrative Services, Office of entered in the proceeding on the and make it immediately effective, Administration, U.S. Nuclear Regulatory petitioner’s interest. The petition should notwithstanding the request for a Commission, Washington, DC 20555– also identify the specific aspect(s) of the hearing. Any hearing held would take 0001, and should cite the publication subject matter of the proceeding as to place after issuance of the amendment. date and page number of this Federal which petitioner wishes to intervene. If the final determination is that the Register notice. Written comments may Any person who has filed a petition for amendment request involves a also be delivered to Room 6D59, Two leave to intervene or who has been significant hazards consideration, any White Flint North, 11545 Rockville admitted as a party may amend the hearing held would take place before Pike, Rockville, Maryland, from 7:30 petition without requesting leave of the the issuance of any amendment. Board up to 15 days prior to the first a.m. to 4:15 p.m. Federal workdays. A request for a hearing or a petition prehearing conference scheduled in the Copies of written comments received for leave to intervene must be filed with proceeding, but such an amended may be examined at the NRC Public the Secretary of the Commission, U.S. petition must satisfy the specificity Document Room, the Gelman Building, Nuclear Regulatory Commission, requirements described above. 2120 L Street, NW., Washington, DC. Not later than 15 days prior to the first Washington, DC 20555–0001, Attention: The filing of requests for hearing and prehearing conference scheduled in the Rulemakings and Adjudications Staff, or petitions for leave to intervene is proceeding, a petitioner shall file a may be delivered to the Commission’s discussed below. supplement to the petition to intervene Public Document Room, the Gelman By November 1, 1999, the licensee which must include a list of the Building, 2120 L Street, NW., may file a request for a hearing with contentions which are sought to be Washington, DC, by the above date. A respect to issuance of the amendment to litigated in the matter. Each contention copy of the petition should also be sent the subject facility operating license and must consist of a specific statement of to the Office of the General Counsel, any person whose interest may be the issue of law or fact to be raised or U.S. Nuclear Regulatory Commission, affected by this proceeding and who controverted. In addition, the petitioner Washington, DC 20555–0001, and to wishes to participate as a party in the shall provide a brief explanation of the John Flynn, Esq., Detroit Edison proceeding must file a written request bases of the contention and a concise Company, 2000 Second Avenue, Detroit, for a hearing and a petition for leave to statement of the alleged facts or expert Michigan 48226, attorney for the intervene. Requests for a hearing and a opinion which support the contention licensee. petition for leave to intervene shall be and on which the petitioner intends to Nontimely filings of petitions for filed in accordance with the rely in proving the contention at the leave to intervene, amended petitions, Commission’s ‘‘Rules of Practice for hearing. The petitioner must also supplemental petitions and/or requests Domestic Licensing Proceedings’’ in 10 provide references to those specific for hearing will not be entertained CFR Part 2. Interested persons should sources and documents of which the absent a determination by the consult a current copy of 10 CFR 2.714 petitioner is aware and on which the Commission, the presiding officer or the which is available at the Commission’s petitioner intends to rely to establish presiding Atomic Safety and Licensing Public Document Room, the Gelman those facts or expert opinion. Petitioner Board that the petition and/or request Building, 2120 L Street, NW., must provide sufficient information to should be granted based upon a Washington, DC, and at the local public show that a genuine dispute exists with balancing of the factors specified in 10 document room located at the Monroe the applicant on a material issue of law CFR 2.714(a)(1)(i)–(v) and 2.714(d). County Library System, Ellis Reference or fact. Contentions shall be limited to For further details with respect to this and Information Center, 3700 South matters within the scope of the action, see the application for Custer Road, Monroe, Michigan 48161. amendment under consideration. The amendment dated September 24, 1999, If a request for a hearing or petition for contention must be one which, if which is available for public inspection leave to intervene is filed by the above proven, would entitle the petitioner to at the Commission’s Public Document date, the Commission or an Atomic relief. A petitioner who fails to file such Room, the Gelman Building, 2120 L Safety and Licensing Board, designated a supplement which satisfies these Street, NW., Washington, DC, and at the by the Commission or by the Chairman requirements with respect to at least one local public document room, located at of the Atomic Safety and Licensing contention will not be permitted to the Monroe County Library System, Board Panel, will rule on the request participate as a party. Ellis Reference and Information Center, and/or petition; and the Secretary or the Those permitted to intervene become 3700 South Custer Road, Monroe, designated Atomic Safety and Licensing parties to the proceeding, subject to any Michigan 48161.

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Dated at Rockville, Maryland, this 27th day requirements of 10 CFR 73.55 are no Finding of No Significant Impact of September 1999. longer required. An exemption is On the basis of the environmental For the Nuclear Regulatory Commission. required from portions of 10 CFR assessment, the Commission concludes Andrew J. Kugler, 73.55(a), (c)(6), (e)(1), (f)(4) and (h)(3) to that the proposed action will not have Project Manager, Section 1, Project allow the licensee to implement a a significant effect on the quality of the Directorate III, Division of Licensing Project revised defueled physical security plan human environment. Accordingly, the Management, Office of Nuclear Reactor (DPSP) that is appropriate for the Regulation. Commission has determined not to permanently shutdown and defueled prepare an environmental impact [FR Doc. 99–25578 Filed 9–30–99; 8:45 am] ZNPS. statement for the proposed action. BILLING CODE 7590±01±P For further details with respect to the Environmental Impact of the Proposed proposed action, see the licensee’s letter Action NUCLEAR REGULATORY dated July 30, 1999, which is available COMMISSION The Commission has completed its for public inspection at the evaluation of the proposed action and Commission’s Public Document Room, [Docket Nos. 50±295 and 50±304] concludes that the granting of the The Gelman Building, 2120 L Street, exemption will not increase the NW, Washington, D.C., and at the local Commonwealth Edison Company; Zion public document room located at the Nuclear Power Station, Units 1 and 2 probability or consequences of accidents, no changes are being made in Waukegan Public Library, 128 N. Environmental Assessment and County Street, Waukegan, Illinois Finding of No Significant Impact the types of effluents that may be released off site, and there is no 60085. The U.S. Nuclear Regulatory significant increase in occupational or Dated at Rockville, Maryland, this 27th day Commission (the Commission) is public radiation exposure. Therefore, of September 1999. considering issuance of an exemption there are no significant radiological For the Nuclear Regulatory Commission. from certain requirements of its environmental impacts associated with Dino C. Scaletti, regulations for Facility Operating the proposed action. Project Manager, Decommissioning Section, License Nos. DPR–39 and DPR–48, With regard to potential non- Project Directorate IV & Decommissioning, issued to Commonwealth Edison radiological impacts, the proposed Division of Licensing Project Management, Company (ComEd or the licensee) for Office of Nuclear Reactor Regulation. action does not involve any historic the Zion Nuclear Power Station (ZNPS) sites. It does not affect non-radiological [FR Doc. 99–25577 Filed 9–30–99; 8:45 am] Units 1 and 2, located in Lake County, BILLING CODE 7590±01±P Illinois. plant effluents and has no other environmental impact. Therefore, there Environmental Assessment are no significant non-radiological NUCLEAR REGULATORY Identification of the Proposed Action environmental impacts associated with COMMISSION the proposed action. The proposed exemption would Advisory Committee on Reactor modify security requirements to Accordingly, the Commission Safeguards; Meeting of the eliminate certain equipment, to relocate concludes that there are no significant Subcommittee on Human Factors; certain equipment, to modify certain environmental impacts associated with Notice of Meeting procedures, and reduce the number of the proposed action. armed responders, due to the Alternatives to the Proposed Action The ACRS Subcommittee on Human permanently shutdown and defueled Factors will hold a meeting on October status of the Zion Nuclear Power As an alternative to the proposed 22, 1999, in Room T–2B3, 11545 Station. action, the staff considered denial of the Rockville Pike, Rockville, Maryland. The proposed action is in accordance proposed action (i.e., the ‘‘no-action’’ The entire meeting will be open to with the licensee’s application dated alternative). Denial of the application public attendance. July 30, 1999. The requested action would result in no change in current The agenda for the subject meeting would grant an exemption from certain environmental impacts. The shall be as follows: requirements of 10 CFR 73.55, environmental impacts of the proposed Friday, October 22, 1999—8:30 a.m. ‘‘Requirements for physical protection action and the alternative action are until the conclusion of business. of licensed activities in nuclear power similar. The Subcommittee will review a plant reactors against radiological proposed revision to NUREG–1624, sabotage.’’ Alternative Use of Resources ‘‘Technical Basis and Implementation Guidelines for a Technique for Human The Need for the Proposed Action This action does not involve the use Event Analysis (ATHEANA),’’ pilot ZNPS was shut down permanently in of resources not previously considered application of ATHEANA to assess fire February 1997. ComEd certified the in the Final Environmental Statement risk, and other related issues. The permanent shutdown on February 13, for the Zion Nuclear Power Station, purpose of this meeting is to gather 1998, and, on March 9, 1998, certified Units 1 and 2, dated December 1972. information, analyze relevant issues and that all fuel had been removed from the Agencies and Persons Consulted facts, and to formulate proposed reactor vessels. In accordance with 10 positions and actions, as appropriate, CFR 50.82(a)(2), upon docketing of the In accordance with its stated policy, for deliberation by the full Committee. certifications, the facility operating on September 22, 1999, the staff Oral statements may be presented by license no longer authorizes ComEd to consulted with the Illinois State official, members of the public with the operate the reactor or to load fuel into Mr. Gary Wright, of the Illinois concurrence of the Subcommittee the reactor vessel. In this permanently Department of Nuclear Safety (IDNS) Chairman; written statements will be shutdown condition, the facility poses a regarding the environmental impact of accepted and made available to the reduced risk to public health and safety. the proposed action. The State official Committee. Electronic recordings will Because of this reduced risk, certain had no comments. be permitted only during those portions

VerDate 22-SEP-99 14:00 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 E:\FR\FM\A01OC3.184 pfrm01 PsN: 01OCN1 53424 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Notices of the meeting that are open to the representatives from labor unions OFFICE OF PERSONNEL public, and questions may be asked only holding exclusive bargaining rights for MANAGEMENT by members of the Subcommittee, its Federal blue-collar employees, and five consultants, and staff. Persons desiring representatives from Federal agencies. Privacy Act of: Amendment to a to make oral statements should notify Entitlement to membership on the System of Records the cognizant ACRS staff engineers Committee is provided for in 5 U.S.C. AGENCY: Office of Personnel named below five days prior to the 5347. Management (OPM). meeting, if possible, so that appropriate ACTION: Notice to amend a system of arrangements can be made. The Committee’s primary records. During the initial portion of the responsibility is to review the Prevailing Rate System and other matters pertinent meeting, the Subcommittee, along with SUMMARY: OPM proposes to amend a to establishing prevailing rates under any of its consultants who may be system of records in its inventory of present, may exchange preliminary subchapter IV, chapter 53, 5 U.S.C., as record systems subject to the Privacy views regarding matters to be amended, and from time to time advise Act of 1974 (5 U.S.C. 552a), as amended. the Office of Personnel Management. considered during the balance of the DATES: The changes will be effective meeting. These scheduled meetings will start without further notice on Movember 10, The Subcommittee will then hear in open session with both labor and 1999, unless comments are received that presentations by and hold discussions management representatives attending. would result in a contrary with representatives of the NRC staff During the meetings either the labor determination. and other interested persons regarding members or the management members ADDRESSES: Send written comments to this review. may caucus separately with the Chair to Further information regarding topics Office of Personnel Management, ATTN: devise strategy and formulate positions. to be discussed, whether the meeting Mary Beth Smith-Toomey, Office of the Premature disclosure of the matters has been canceled or rescheduled, and Chief Information Officer, 1900 E Street discussed in these caucuses would the Chairman’s ruling on requests for NW., Room 5415, Washington, DC the opportunity to present oral unacceptably impair the ability of the 20415–7900. statements and the time allotted Committee to reach a consensus on the FOR FURTHER INFORMATION CONTACT: therefor, can be obtained by contacting matters being considered and would Mary Beth Smith-Toomey, (202) 606– the cognizant ACRS staff engineers, Mr. disrupt substantially the disposition of 8358. Noel F. Dudley (telephone 301/415– its business. Therefore, these caucuses SUPPLEMENTARY INFORMATION: This 6888) or Mr. Juan Peralta (telephone will be closed to the public because of notice serves to amend the system 301/415–6855) between 7:30 a.m. and a determination made by the Director of manager and clarify the notification and 4:15 p.m. (EDT). Persons planning to the Office of Personnel Management records access procedures for OPM/ attend this meeting are urged to contact under the provisions of section 10(d) of Central-8, Privacy Act/Freedom of the above named individuals one or two the Federal Advisory Committee Act Information Act (PA/FOIA) Case working days prior to the meeting to be (Pub. L. 92–463) and 5 U.S.C. Records. It also updates the retention advised of any potential changes to the 552b(c)(9)(B). These caucuses may, and disposal practices in accordance agenda, etc., that may have occurred. depending on the issues involved, with NARA General Records Schedule Dated: September 27, 1999. constitute a substantial portion of a 14 and aligns records storage practices Richard P. Savio, meeting. with OPM’s current operations. Associate Director for Technical Support, Annually, the Chair compiles a report Office of Personnel Management. ACRS/ACNW. of pay issues discussed and concluded Janice R. Lachance, [FR Doc. 99–25581 Filed 9–30–99; 8:45 am] recommendations. These reports are Director. BILLING CODE 7590±01±P available to the public, upon written OPM/CENTRAL±8 request to the Committee’s Secretary. The public is invited to submit SYSTEM NAME: OFFICE OF PERSONNEL material in writing to the Chair on Privacy Act/Freedom of Information MANAGEMENT Federal Wage System pay matters felt to Act (PA/FOIA) Case Records be deserving of the Committee’s Federal Prevailing Rate Advisory SYSTEM LOCATION: attention. Additional information on Committee, Open Committee Meetings Offices of the Office of Personnel this meeting may be obtained by Management, 1900 E Street NW., According to the provisions of section contacting the Committee’s Secretary, 10 of the Federal Advisory Committee Washington, DC 20415–0001 and OPM Office of Personnel Management, field service centers. Act (Pub. L. 92–463), notice is hereby Federal Prevailing Rate Advisory given that meetings of the Federal Committee, Room 5559, 1900 E Street, CATEGORIES OF INDIVIDUALS COVERED BY THE Prevailing Rate Advisory Committee NW., Washington, DC 20415 (202) 606– SYSTEM: will be held on— 1500. This system contains records and Thursday, October 21,1999 related correspondence on individuals Dated: September 24, 1999. Thursday, November 4, 1999 who have filed with OPM: Thursday, December 9, 1999 John F. Leyden, a. Requests for information under the Thursday, December 16, 1999 Chairman, Federal Prevailing Rate Advisory provisions of the Freedom of The meetings will start at 10:00 a.m. Committee. Information Act (5 U.S.C. 552), and will be held in Room 5A06A, Office [FR Doc. 99–25613 Filed 9–30–99; 8:45 am] including requests for review of initial of Personnel Management Building, BILLING CODE 6325±01±P denials of such requests. 1900 E Street, NW., Washington, DC. b. Requests under the provisions of The Federal Prevailing Rate Advisory the Privacy Act (5 U.S.C. 552a) for Committee is composed of a Chair, five records about themselves, including:

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(1) Requests for notification of the maintained within this system. The shredding or burning; microfilm and existence of records about them. following routine uses are specific to electronic records are erased or deleted. (2) Requests for access to these this system of records only: SYSTEM MANAGER(S) AND ADDRESS: records. a. To disclose information to the (3) Requests for amendment of these Office of Management and Budget at any The system manager for PA/FOIA records. stage in the legislative coordination and requests is: FOIA/PA Officer, Office of (4) Requests for review of initial clearance process in connection with the Chief Information Officer, Office of denials of such requests for notification, private relief legislation as set forth in Personnel Management, 1900 E Street access, and amendment. OMB Circular No. A–19. NW., Washington DC 20415–7900. (5) Requests for an accounting of b. To disclose information to an The system manager for PA/FOIA disclosure of records about them. agency, subject to law, rule, or appeals is: Office of the General regulation enforced by OPM having Counsel, Office of Personnel Note: Since these PA/FOIA case records Management, 1900 E Street NW., contain inquiries and requests regarding any been found in violation of such law, of OPM’s other systems of records subject to rule, or regulation, in order to achieve Washington, DC 20415–1300. the Privacy Act, information about compliance with OPM instructions. NOTIFICATION PROCEDURE: individuals from any of these other systems c. To disclose information to Federal Individuals wishing to inquire may become part of this PA/FOIA Case agencies (e.g., Department of Justice) in Records system. whether this system of records contains order to obtain advice and information about them should contact CATEGORIES OF RECORDS IN THE SYSTEM: recommendations concerning matters the system manager or the program This system contains correspondence on which the agency has specialized office where their original Privacy Act and other documents related to requests experience or particular competence, for or Freedom of Information Act requests made by individuals to OPM for: use by OPM in making required were sent, or from where they received a. Information under the provisions of determinations under the Freedom of responses to such requests. Individuals the Freedom of Information Act (5 Information Act or the Privacy Act of must furnish the following information U.S.C. 552), including requests for 1974. for their records to be located and review of initial denials of such d. To disclose information to any identified: requests. source from which additional a. Name. b. Information under provisions of the information is requested (to the extent b. Date of birth. Privacy Act (5 U.S.C. 552a) and requests necessary to identify the individual, c. Approximate dates of Privacy Act for review of initial denials of such inform the source of the purpose of the or Freedom of Information Act requests made under OPM’s Privacy Act request, and to identify the type of correspondence between OPM and the regulations including requests for: information requested), where necessary individual. (1) Notification of the existence of to obtain information relevant to an RECORD ACCESS PROCEDURE: records about them. OPM decision concerning a Privacy or (2) Access to records about them. Freedom of Information Act request. Material from other OPM systems of (3) Amendment of records about e. To disclose to the Federal agency records which are exempt from certain them. involved, an OPM decision on an appeal Privacy Act requirements may be (4) Review of initial denials of such from an initial denial of a request included in this system as part of a PA/ requests for notification, access, or involving OPM-controlled records. FOIA case record. Such material retains its exemption if it is included in this amendment. POLICIES AND PRACTICES OF STORING, (5) Requests for an accounting of system of records. The section of this RETRIEVING, SAFEGUARDING, RETAINING AND notice titled Systems Exempted from disclosure of records about them. DISPOSING OF RECORDS IN THE SYSTEM: Certain Provisions of the Act explains AUTHORITY FOR MAINTENANCE OF THE SYSTEM: STORAGE: the exemptions for this system. Includes the Following with any These records are maintained on one Individuals wishing to request access Revisions and Amendments: of the following: paper copies in file to their records should contact the The Privacy Act of 1974 (5 U.S.C. folders, electronic copies on Local Area system manager or the program office 552a), the Freedom of Information Act, Network (LAN) servers or diskettes, or where their original Privacy Act or as amended (5 U.S.C. 552), and 5 U.S.C. microfilm. Freedom of Information Act request was 301. sent or from which they received RETRIEVABILITY: responses to such requests. Individuals PURPOSE(S): Records are retrieved by the name of must furnish the following information These records are maintained to the individual on whom they are for their records to be located and process an individual’s request made maintained and year of the request. identified: under the provisions of the Freedom of a. Name. Information and Privacy Acts. The SAFEGUARDS: b. Date of birth. records are also used by OPM to prepare The records maintained on paper and c. Approximate dates of Privacy Act its reports to the Office of Management microfilm are located in lockable metal or Freedom of Information Act and Budget and the Department of filing cabinets or in a secured room, correspondence between OPM and the Justice required by the Privacy and with access limited to personnel whose individual. Freedom of Information Acts. duties require access. Only authorized Individuals requesting access must personnel have access to the records on also comply with OPM’s Privacy Act ROUTINE USES OF RECORDS MAINTAINED IN THE the LAN and diskettes. regulations regarding verification of SYSTEM, INCLUDING CATEGORIES OF USERS AND identity and access to records (5 CFR THE PURPOSES OF SUCH USES: RETENTION AND DISPOSAL: part 297). Routine uses 1 and 3 through 10 of These records are maintained for the Prefatory Statement of OPM’s varying periods of time, in accordance CONTESTING RECORD PROCEDURE: system notices (60 FR 63075, effective with NARA General Records Schedule Material from other OPM systems of January 17, 1996) apply to the records 14. Paper records are destroyed by records which are exempt from certain

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Privacy Act requirements may be original primary systems of records (Division of Investment Management, included in this system as part of a PA/ which they are a part. Office of Investment Company FOIA case record. Such material retains [FR Doc. 99–25612 Filed 9–30–99; 8:45 am] Regulation). its exemption if it is included in this SUPPLEMENTARY INFORMATION: BILLING CODE 6325±01±P The system of records. The section of this following is a summary of the notice titled Systems Exempted from application. The complete application Certain Provisions of the Act explains may be obtained for a fee from the the exemptions for this system. SECURITIES AND EXCHANGE Commission’s Public Reference Branch, Individuals wishing to request COMMISSION 450 Fifth Street, NW, Washington, DC amendment to their records should [Investment Company Act Release No. 20549–0102 (telephone (202) 942–8090). contact the system manager or the 24052; 812±11784] Applicants’ Representations program office where their original Privacy Act or Freedom of Information Daewoo Capital Management Co., Ltd., 1. The Korea Fund, Inc. (‘‘Fund’’) is Act requests were sent or from which et al.; Notice of Application registered under the Act as a closed-end they received responses to such management investment company. The requests. September 24, 1999. Adviser is registered under the Individuals must furnish the AGENCY: Securities and Exchange Investment Advisers Act of 1940 following information for their records Commission (‘‘Commission’’). (‘‘Advisers Act’’) and serves as to be located and identified: ACTION: Notice of an application under investment adviser to the Fund. 2. The Subadviser, a Korean a. Name. section 6(c) of the Investment Company corporation and a subsidiary of Daewoo b. Date of birth. Act of 1940 (‘‘Act’’) for an exemption from section 15(a) of the Act. Securities Co., Ltd. (‘‘Daewoo c. Appropriate dates of Privacy Act or Securities’’), is registered as an Freedom of Information Act SUMMARY OF THE APPLICATION: The investment adviser under the Advisers correspondence between OPM and the requested order would permit the Act. The Subadviser serves as individual. implementation, without prior subadviser to the Fund pursuant to an Individuals requesting amendment shareholder approval, of a new investment subadvisory agreement with must also comply with OPM’s Privacy investment subadvisory agreement the Adviser (‘‘Existing Agreement’’). Act regulations regarding verification of (‘‘New Agreement’’) for a period The Adviser pays the Subadviser out of identity and amendment of records (5 continuing until the New Agreement is the fee that the Adviser receives from CFR part 297). approved or disapproved by the Fund. Note: The amendment provisions of this shareholders of the investment company 3. Prior to August 30, 1999, system are not intended to permit an (but in no event later than December 31, approximately 15% of the common individual a second opportunity to request 1999). stock of Daewoo Securities was owned amendment of a record which was the Applicants: Daewoo Capital by Daewoo Corporation and certain of subject of the initial Privacy Act amendment Management Co., Ltd. (‘‘Subadviser’’) its affiliates which are members of the request which created the record in this Daewoo Group, a Korean chaebol. system. That is, after an individual has and Scudder Kemper Investments, Inc. (‘‘Adviser’’). Because of financial difficulties, certain requested amendment of a specific record in members of the Daewoo Group agreed an OPM system under provisions of the Filing Date: The application was filed Privacy Act, that specific record may itself on September 24, 1999. on August 30, 1999 to transfer their become part of this system of PA/FOIA Case Hearing or Notification of Hearing: An interests in Daewoo Securities to a Records. An individual may not order granting the application will be group of six Korean creditor banks. As subsequently request amendment of that issued unless the Commission orders a a result of this transfer, the six banks specific record again, simply because a copy hearing. Interested person may request a jointly acquired ownership of of the record has become part of this second approximately 14.4% of the outstanding system of PA/FOIA Case Records. hearing by writing to the Commission’s Secretary and serving applicants with a common stock of Daewoo Securities. On September 7, 1999, Daewoo Securities RECORD SOURCE CATEGORIES: copy of the request, personally or by mail. Hearing requests should be conducted a rights issuance pursuant to Information in this system of records which the six Korean banks and three received by the Commission by 5:30 is obtained from— additional Korean banks (collectively, p.m. on October 18, 1999 and should be a. The individual to whom the the ‘‘Creditor Banks’’) subscribed on an accompanied by proof of service on information applies. individual basis to each acquire, on applicants in the form of an affidavit or, b. Officials of OPM. September 21, 1999 (‘‘Acquisition for lawyers, a certificate of service. Date’’), newly issued shares of common c. Official documents of OPM. Hearing requests should state the nature stock of Daewoo Securities. The of the writer’s interest, the reason for the SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS Creditor Banks also agreed to each request, and the issues contested. OF THE ACT: acquire, on an individual basis, Persons may request notification by OPM has claimed exemptions for additional shares of Daewoo Securities several of its other systems of records writing to the Commission’s Secretary. stock through third-party allotments. under 5 U.S.C. 552a (k)(1), (2), (3), (4), ADDRESSES: Secretary, Securities and The two acquisitions by the Creditor (5), (6), and (7). During the course of a Exchange Commission, 450 Fifth Street, Banks collectively are referred to as the PA/FOIA action, exempt materials from NW, Washington, DC 20549–0609. ‘‘Acquisition.’’ Upon completion of the those other systems may become part of Applicants: c/o Adviser, Attn: Bruce H. Acquisition, the Creditor Banks will the case records in this system. To the Goldfarb, Esq., 345 Park Avenue, New own in the aggregate approximately extent that copies of exempt records York, NY 10154. 32.58% of the common stock of Daewoo from those other systems are entered FOR FURTHER INFORMATION CONTACT: Securities. The proposed terms and into these PA/FOIA case records, the Rachel H. Graham, Senior Counsel, at timing of the Acquisition were not office has claimed the same exemptions (202) 942–0583, or Mary Kay Frech, available to the Subadviser until for the records as they have in the Branch Chief, at (202) 942–0564 approximately September 9, 1999 and to

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Applicants submit that it will not written contract that has not been holdings in Daewoo Securities. be possible to obtain shareholder approved by the company’s Applicants state that the Acquisition approval of the New Agreement in shareholders, provided that: (i) the new may involve the transfer of a controlling accordance with section 15(a) of the Act contract is approved by that company’s block of Daewoo Securities stock by prior to the Acquisition Date. board of directors, including a majority certain members of the Daewoo Group Applicants state that the shareholders of the non-interested directors; (ii) the and the acquisition of a controlling will vote on approval of the New compensation to be paid under the new block of that stock by the Creditor Agreement at the annual meeting contract does not exceed the Banks. Applicants state that the previously scheduled to be held on compensation that would have been Acquisition therefore may result in an October 20, 1999. Proxy materials paid under the contract most recently assignment, and thus the automatic concerning the shareholder vote on the approved by the company’s termination, of the Existing Agreement. New Agreement will be mailed on or shareholders; and (iii) neither the Applicants request an exemption to about October 5, 1999. adviser nor any controlling person of permit the implementation, during the 7. The fees earned by the Subadviser Interim Period and prior to obtaining the adviser ‘‘directly or indirectly under the New Agreement during the receives money or other benefit’’ in shareholder approval, of the New Interim Period will be maintained in an Agreement. The requested exemption connection with the assignment. The interest-bearing escrow account with an Subadviser states that it may not rely on would cover a period commencing on unaffiliated financial institution. The the filing date of the application 1 and rule 15a–4 because of the benefits to amounts in the escrow account Daewoo Securities arising from the continuing until the New Agreement is (including any interest earned) will be Acquisition. approved or disapproved by Fund paid: (i) to the Subadviser upon shareholders (but in no event later than approval of the New Agreement by the 3. Section 6(c) of the Act provides that December 31, 1999) (‘‘Interim Period’’). Fund’s shareholders; or (ii) to the Fund, the Commission may exempt any The requested order also would permit if shareholder approval is not obtained person, security, or transaction from any the Subadviser to receive from the and the Interim Period has ended. provision of the Act if and to the extent adviser all fees earned under the New Before any such release is made, the that such exemption is necessary or Agreement during the Interim Period, if Board will be notified. appropriate in the public interest and and to the extent that the New consistent with both the protection of Agreement is approved by Fund Applicant’s Legal Analysis investors and the purposes fairly shareholders. Applicants represent that 1. Section 15(a) of the Act provides, intended by the policy and provisions of the New Agreement will contain in relevant part, that it is unlawful for the Act. The Subadviser believes that substantially the same terms and any person to serve as an investment the requested relief meets this standard. conditions as the Existing Agreement, adviser to a registered investment 4. Applicants state that the terms and except for the effective and termination company, except pursuant to a written dates. Applicants further represent that timing of the Acquisition were contract that has been approved by the determined in response to a number of the Fund will receive, during the vote of a majority of the outstanding factors beyond the scope of the Act and Interim Period, the same scope and voting securities of the investment substantially unrelated to the Fund. quality of investment subadvisory company. Section 15(a) further requires Applicants state that it will not be services, provided in the same manner the written contract to provide for its possible for the Fund to obtain by substantially the same personnel, at automatic termination in the event of its shareholder approval of the New the same fee levels as it received prior assignment. Section 2(a)(4) of the Act to the Acquisition. defines ‘‘assignment’’ to include any Agreement prior to the Acquisition 5. Applicants state that the Fund’s direct or indirect transfer of a Date. Applicants assert that the board of directors (‘‘Board’’) will meet controlling block of the assignor’s requested relief would prevent any within one week of the Acquisition Date outstanding voting securities by a disruption in the delivery of investment to consider approval of the New security holder of the assignor. Section subadvisory services to the Fund during Agreement and submission of the New 2(a)(9) of the Act defines ‘‘control’’ as the Interim Period. Agreement to the shareholders for their the power to exercise a controlling 5. Applicants submit that they will approval, in accordance with section influence over the management or take all appropriate actions to ensure 15(c) of the Act.2 Applicants state that policies of a company, and beneficial that the scope and quality of advisory 1 Applicants state that, since the Acquisition Date ownership of more than 25% of the and other services provided to the Fund precedes issuance of the requested order, the voting securities of a company is during the Interim Period will be at least Subadviser will continue to serve as subadviser presumed under Section 2(a)(9) to equivalent to the scope and quality of after the Acquisition Date (and prior to the issuance reflect control. Applicants state that the services previously provided. During of the order) in a manner consistent with its fiduciary duty to provide investment subadvisory Acquisition may result in an assignment the Interim Period, the Subadviser will services to the Fund even though approval of the of the Existing Agreement and that such operate under the New Agreement, New Agreement has not yet been secured from the agreement will terminate according to which will be substantially the same as Fund’s shareholders. its terms. the Existing Agreement, except for the 2 Applicants acknowledge that, to the extent that 2. Rule 15a–4 under the Act provides, the Board has not met to approve the New effective and termination dates. Agreement prior to the Acquisition Date, any relief in relevant part, that if an investment Applicants state that the fees payable to granted by the Commission will allow the the Subadviser under the New Subadviser to receive fees under the New persons’’ of the Fund, as that term is defined in Agreement during the Interim Period Agreement only for the period following approval section 2(a)(19) of the Act (‘‘Independent of the New Agreement by the Board, including a Directors’’), but in no event earlier than the filing will be at the same rate as the fees paid majority of the directors who are not ‘‘interested date of the application. under the Existing Agreement.

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Applicants’ Conditions SECURITIES AND EXCHANGE may be obtained for a fee from the SEC’s COMMISSION Public Reference Branch, 450 Fifth Applicants agree that any order Street, N.W., Washington, D.C. 20549– granting the requested relief will be [Investment Company Act Release No. 0102 (tel. (202) 942–8090). subject to the following conditions: 24054; 812±11476] Applicants’ Representations 1. The New Agreement will contain Endeavor Series Trust, et al.; Notice of 1. The Trust, a Massachusetts substantially the same terms and Application conditions as the Existing Agreement, business trust, is registered under the Act as an open-end management except for the dates of execution and September 27, 1999. investment company. The Trust is termination. AGENCY: Securities and Exchange Commission (‘‘SEC’’). currently comprised of thirteen separate 2. The fees earned by the Subadsviser series (each a ‘‘Fund,’’ and together, the ACTION: under the New Agreement during the Notice of application for an ‘‘Funds’’), each with its own investment Interim Period will be maintained in an exemption under section 6(c) of the objectives, policies, and restrictions.1 Investment Company Act of 1940 interest-bearing escrow account The Funds are currently offered for sale (‘‘Act’’) from section 15(a) of the Act (including interest earned on such only to various separate accounts of a and rule 18f–2 under the Act, as well as amounts), and amounts in the account life insurance company and its affiliates from certain disclosure requirements. will be paid: (i) to the Subadviser after to fund variable annuity contracts or the requisite approval of the New SUMMARY OF APPLICATION: Endeavor variable life insurance policies. The Agreement by the Fund’s shareholders Series Trust (the ‘‘Trust’’) and Endeavor Adviser, a California corporation, serves is obtained; or (ii) in the absence of such Management Co. (the ‘‘Adviser’’) request as the investment adviser to the Funds approval by the end of the Interim an order that would permit applicants to and is registered under the Investment Period, to the Fund. enter into and materially amend sub- Advisers Act of 1940 (‘‘Advisers Act’’). 2. The Adviser serves as investment advisory agreements without 3. The shareholders of the Fund will adviser to the Funds pursuant to shareholder approval and grant relief vote on the approval of the New aninvestment advisory agreement from certain disclosure requirements. Agreement at the annual meeting between the Trust and the Adviser that scheduled to be held on October 20, APPLICANTS: The Trust and the Adviser. was approved by the Trust’s board of 1999, or any adjournment thereof (but in FILING DATE: The application was filed trustees (‘‘Board’’), including a majority no event later than December 31, 1999). on January 20, 1999. Applicants have of the trustees who are not ‘‘interested agreed to file an amendment to the 4. The Subadviser or its affiliates will persons’’ as defined in section 2(a)(19) application, the substance of which is of the Act (‘‘Independent Trustees’’), pay the costs of preparing and filing the reflected in this notice, during the and each Fund’s shareholders application and the costs relating to the notice period. (‘‘Advisory Agreement’’). In addition, solicitation and approval of the Fund’s HEARING OR NOTIFICATION OF HEARING: each Fund currently is advised by a shareholders of the New Agreement. An order granting the application will be subadviser (‘‘Subadviser’’) pursuant to a 5. The Subadviser will take all issued unless the SEC orders a hearing. separate investment advisory agreement appropriate actions to ensure that the Interested persons may request a (‘‘Sub-Advisory Agreement’’). Each scope and quality of subadvisory and hearing by writing to the SEC’s Subadviser is an investment adviser other services provided to the Fund by Secretary and serving applicants with a registered under the Advisers Act. In the the Subadviser during the Interim copy of the request, personally or by future, a Fund may be advised by more Period under the New Agreement will mail. Hearing requests should be than one Subadviser. The Adviser be at least equivalent, in the judgment received by the SEC by 5:30 p.m. on selects each Subadviser, subject to of the Board, including a majority of the October 22, 1999, and should be approval by the Board, and compensates Independent Directors, to the scope and accompanied by proof of service on the Subadviser out of fees paid to the quality of services currently provided applicants, in the form of an affidavit, Adviser by the Fund. under the Existing Agreement. In the or, for lawyers, a certificate of service. 3. Applicants request relief to permit the Adviser to enter into and amend event of any material change in Hearing requests should state the nature Sub-Advisory Agreements without personnel providing services pursuant of the writer’s interest, the reason for the shareholder approval. The requested to the New Agreement during the request, and the issues contested. Persons may request notification of a relief will not extend to a Subadviser Interim Period, the Subadviser will that is an affiliated person, as defined in apprise and consult with the Board to hearing by writing to the SEC’s Secretary. section 2(a)(3) of the Act, of the Trust or assure that the Board, including a the Adviser, other than by reason of ADDRESSES: Secretary, SEC, 450 Fifth majority of the Independent Directors, is serving as a Subadviser to one or more Street, N.W., Washington, D.C. 20549– satisfied that the services provided by of the Funds (an ‘‘Affiliated 0609. Applicants, 2101 East Coast the Subadviser will not be diminished Subadviser’’). in scope or quality. Highway, Suite 300, Corona del Mar, CA 4. Applicants also request an 92625. For the Commission, by the Division of exemption from the various disclosure FOR FURTHER INFORMATION CONTACT: Investment Management, under delegated Bruce R. MacNeil, Staff Attorney, at 1 authority. Applicants also request relief with respect to (202) 942–0634, or Michael W. Mundt, future series of the Trust and all future registered Margaret H. McFarland, Branch Chief, at (202) 942–0564 open-end management investment companies that Deputy Secretary. (a) are advised by the Adviser or any entity (Division of Investment Management, controlling, controlled by or under common control [FR Doc. 99–25502 Filed 9–30–99; 8:45 am] Office of Investment Company with the Adviser; (b) use the multi-manager BILLING CODE 8010±01±M Regulation). structure described in the application; and (c) SUPPLEMENTARY INFORMATION: comply with the terms and conditions in the The application (‘‘Future Funds’’). The Trust is the only following is a summary of the existing investment company that currently intends application. The complete application to rely on the order.

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The Adviser will provide the (both as a dollar amount and as a security, or transaction from any Board, no less often than quarterly, percentage of a Fund’s net assets): (a) provision of the Act if, and to the extent information about the Adviser’s aggregate fees paid to the Adviser and that, an exemption is necessary or profitability for each Fund relying on Affiliated Subadvisers; and (b) aggregate appropriate in the public interest and the relief requested in the application. fees paid to Subadvisers other than consistent with the protection of This information will reflect the impact Affiliated Subadvisers (‘‘Aggregate Fee investors and the purposes fairly on profitability of the hiring or Disclosure’’). For any Fund that intended by the policies and provisions termination of any Subadviser during employs an Affiliated Subadviser, the of the Act. Applicants believe that their the applicable quarter. Fund will provide separate disclosure of requested relief meets this standard for 6. Whenever a Subadviser is hired or any fees paid to the Affiliated the reasons discussed below. terminated, the Adviser will provide the Subadviser. 7. Applicants assert that the Funds’ Board information showing the investors rely on the Adviser to select Applicants’ Legal Analysis expected impact on the Adviser’s Subadvisers best suited to achieve a profitability. 1. Section 15(a) of the Act provides, Fund’s investment objectives. Therefore, 7. When a change of Subadviser is in relevant part, that it is unlawful for applicants assert that, from the proposed for a Fund with an Affiliated any person to act as investment adviser perspective of the investor, the role of Subadviser, the Board, including a to a registered investment company the Subadvisers is comparable to that of majority of the Independent Trustees, except pursuant to a written contract individual portfolio managers employed will make a separate finding, reflected that has been approved by a majority of by other investment advisory firms. in the minutes of meetings of the Board, the investment company’s outstanding Applicants note that the Advisory that the change of Subadviser is in the voting securities. Rule 18f–2 under the Agreement will remain subject to best interests of the Fund and its Act provides that each series or class of sections 15(a) and 15(c) of the Act and shareholders (or, if the Fund serves as stock in a series company affected by a rule 18f–2 under the Act. a funding medium for any sub-account matter must approve such matter if the 8. Applicants further assert that some of a registered separate account, in the Act requires shareholder approval. Subadvisers use a ‘‘posted’’ rate best interests of the Fund and the 2. Form N–1A is the registration schedule to set their fees. Applicants unitholders of any sub-account), and statementused by open-end investment believe that some organizations may be does not involve a conflict of interest companies. Item 15(a)(3) requires unwilling to serve as Subadvisers at any from which the Adviser or the Affiliated disclosure of the method and amount of fee rate other than their ‘‘posted’’ fee Subadviser derives an inappropriate the investment adviser’s compensation. rates, unless the rates negotiated for the advantage. 3. Rule 20a–1 under the Act requires Funds are not publicly disclosed. 8. Before an existing Fund may rely proxies solicited with respect to an Applicants believe that requiring on the order requested in the investment company to comply with disclosure of Subadvisers’ fees may application, the operation of the Fund Schedule 14A under the Securities deprive the Adviser of its bargaining in a manner described in the application Exchange Act of 1934 (the ‘‘Exchange power to negotiate lower rates. will be approved by a majority of its Act’’). Items 22(c)(1)(ii), 22(c)(1)(iii), Applicants’ Conditions outstanding voting securities of the 22(c)(8), and 22(c)(9) of Schedule 14A, Applicants agree that the order Fund, (or, if the Fund serves as a taken together, require a proxy granting the requested relief will be funding medium for any sub-account of statement for a shareholder meeting at subject to the following conditions: a registered separate account, pursuant which the advisory contract will be 1. The Trust will disclose in its to voting instructions provided by the voted upon to include the ‘‘rate of registration statement the Aggregate Fee unitholders of the sub-account) as compensation of the investment Disclosure. defined in the Act, or in the case of a adviser,’’ the ‘‘aggregate amount of the 2. The Trust will not enter into a Sub- Future Fund whose shareholders investment adviser’s fees,’’ a description Advisory Agreement, on behalf of a purchased shares on the basis of a of ‘‘the terms of the contract to be acted Fund, with an Affiliated Subadviser prospectus containing the disclosure upon,’’ and, if a change in the advisory without the Sub-Advisory Agreement, contemplated by condition 10 below, by fee is proposed, the existing and including the compensation to be paid the sole initial shareholder(s) before proposed fees and the difference thereunder, being approved by the offering shares of the Future Fund to the between the two fees. shareholders of the applicable Fund (or, public (or the variable contract owners 4. Form N–SAR is the semi-annual if the Fund serves as a funding medium through a separate account). report filed with the SEC by registered for any sub-account of a registered 9. The Adviser will provide investment companies. Item 48 of Form separate account, pursuant to voting management and administrative N–SAR requires investment companies instructions provided by the unitholders services to each Fund relying on the to disclose the rate schedule for fees of the sub-account). requested order and, subject to the paid to their investment advisers, 3. At all times, a majority of the Board review and approval of the Board, will: including the Subadvisers. will be Independent Trustees, and the (a) Set the Funds’ overall investment 5. Regulation S–X sets forth nomination of new or additional strategies; (b) recommend Subadvisers; requirements for financial statements Independent Trustees will be placed (c) allocate, and when appropriate, required to be included as part of within the discretion of the then- reallocate a Fund’s assets among investment company registration existing Independent Trustees. Subadvisers; (d) monitor and evaluate statements and shareholder reports filed 4. Independent counsel the investment performance of the with the SEC. Sections 6–07(2) (a), (b), knowledgeable about the Act and the Subadvisers; and (e) implement and (c) of Regulation S–X require that duties of Independent Trustees will be procedures reasonably designed to investment companies include in their engaged to represent the Independent ensure that the Subadvisers comply

VerDate 22-SEP-99 14:00 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 E:\FR\FM\A01OC3.009 pfrm01 PsN: 01OCN1 53430 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Notices with the Fund’s investment objectives, SECURITIES AND EXCHANGE provided that no notes mature later than policies, and restrictions. COMMISSION June 30, 2002. Ohio Valley now proposes that the 10. The Trust will disclose in its [Release No. 35±27078] authorization in the Existing prospectus the existence, substance, and Filings Under the Public Utility Holding Authorization be increased so that Ohio effect of any order granted pursuant to Valley may issue and sell notes the application. In addition, each Fund Company Act of 1935, as amended (``Act'') (‘‘Notes’’) in an aggregate amount not to relying on the requested order will hold exceed $100 million outstanding at any itself out to the public as employing the September 24, 1999. one time, from time to time through management structure described in the Notice is hereby given that the December 31, 2003. The Notes will application. The prospectus will following filing(s) has/have been made mature not more than 270 days after the prominently disclose that the adviser with the Commission pursuant to date of issuance or renewal, provided has ultimate responsibility (subject to provisions of the Act and rules that no Notes will mature later than oversight by the Board) to oversee the promulgated under the Act. All June 30, 2004. The Notes will bear Subadvisers and recommend their interested persons are referred to the interest at an annual rate not greater hiring, termination, and replacement. application(s) and/or declaration(s) for than the prime commercial rate of 11. Within 60 days of the hiring of complete statements of the proposed Citibank, N.A. (or its successor) in effect any Subadviser, the affected Fund will transaction(s) summarized below. The from time to time. These credit arrangements may require the payment furnish its shareholders (or, if the Fund application(s) and/or declarations(s) and any amendments is/are available for of a fee not greater than 1⁄5 of 1% per serves as a funding medium for any sub- public inspection through the annum of the size of the line of credit account of a registered separate account, Commission’s Branch of Public made available by the bank and the the unitholders of the Sub-account) with Reference. maintenance of additional balances of all information about the new Interested persons wishing to not greater than 20% of the line of Subadviser that would be included in a comment or request a hearing on the credit. The maximum effective annual proxy statement, except as modified to applications(s) and/or declaration(s) interest cost will not exceed 125% of permit Aggregate Fee Disclosure. This should submit their views in writing by the prime commercial rate in effect from information will include Aggregate Fee October 19, 1999, to the Secretary, time to time, or not more than 10% on Disclosure and any change in such Securities and Exchange Commission, the basis of a prime commercial rate of disclosure caused by the addition of a Washington, D.C. 20549–0609, and 8%. new Subadviser. The Adviser will meet serve a copy on the relevant applicant(s) The proceeds of the short-term debt this condition by providing and/or declarant(s) at the address(es) incurred by Ohio Valley will be added shareholders (or, if the Fund serves as specified below. Proof of service (by to its general funds and used to pay its a funding medium for any sub-account affidavit or, in case of an attorney at general obligations and for other of a registered separate account, law, by certificate) should be filed with corporate purposes, including coal unitholders of the sub-account) with an the request. Any request for hearing supply inventory. information statement meeting the should identify specifically the issues of Northeast Utilities, et al. (70–8875) requirements of Regulation 14C, facts or law that are disputed. A person who so requests will be notified of any Northeast Utilities (‘‘Northeast’’), 174 Schedule 14C and Item 22 of Schedule hearing, if ordered, and will receive a Brush Hill Avenue, West Springfield, 14A under the Exchange Act, exempt as copy of any notice or order issued in the Massachusetts 01090–0010, a registered modified by the order to permit matter. After October 19, 1999, the holding company, Northeast’s public Aggregate Fee Disclosure. application(s) and/or declaration(s), as utility subsidiaries, The Connecticut 12. No trustee or officer of the Trust filed or as amended, may be granted Light and Power Company (‘‘CL&P’’), or director or officer of the Adviser will and/or permitted to become effective. 107 Selden Street, Berlin, Connecticut own directly or indirectly (other than 06037, Western Massachusetts Electric Ohio Valley Electric Corporation (70– Company (‘‘WMECO’’), 174 Brush Hill through a pooled investment vehicle 8527) that is not controlled by such person) Avenue, West Springfield, any interest in a Subadviser, except for: Ohio Valley Electric Corporation Massachusetts 01090–0010, Holyoke (a) Ownership of interests in the (‘‘Ohio Valley’’), 3932 U.S. Route 23, Water Power Company (‘‘Holyoke’’), Subadviser or any entity that controls, is P.O. Box 468, Piketon, Ohio 45661, an Canal Street, Holyoke, Massachusetts electric public utility subsidiary 01040, and Public Service Company of controlled by, or is under common company of American Electric Power New Hampshire (‘‘PSNH’’) and North control with the Adviser; or (b) Company, Inc. (‘‘AEP’’), a registered Atlantic Energy Corporation (‘‘North ownership of less than 1% of the holding company, has filed a post- Atlantic’’), each at 1000 Elm Street, outstanding securities of any class of effective amendment to its declaration Manchester, New Hampshire 03015, and equity or debt of any publicly-traded filed under sections 6(a) and 7 of the Northeast’s nonutility subsidiaries, NU company that is either a Subadviser or Act and rule 54 under the Act. Enterprises, Inc., Northeast Generation controls, is controlled by, or is under By orders dated December 28, 1994, Service Company, Northeast Generation common control with a Subadviser. December 12, 1996, and March 4, 1998 Company, Select Energy, Inc., and Mode For the SEC, by the Division of Investment (HCAR Nos. 26203, 26624, and 26835, 1 Communications, Inc., each at 107 Management, pursuant to delegated respectively) (‘‘Existing Authorization’’), Selden Street, Berlin, Connecticut authority. Ohio Valley was authorized to incur 06037, (collectively, ‘‘Applicants’’) have Margaret H. McFarland, short-term debt through the issuance filed a post-effective amendment to their and sale of notes to banks or other application-declaration filed under Deputy Secretary. financial institutions in an aggregate sections 6(a), 7, 9(a), 10, and 12(b) of the [FR Doc. 99–25500 Filed 9–30–99; 8:45 am] amount not to exceed $50 million Act and rules 43 and 45 under the Act. BILLING CODE 8010±01±M outstanding at any one time, from time By orders dated November 20, 1996, to time through December 31, 2001, February 11, 1997, March 25, 1997, May

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29, 1997, January 16, 1998, and May 13, to secure Debt will be approved by surviving corporation (‘‘Transaction’’). 1999 (HCAR Nos. 26612, 26665, 26692, applicable state regulatory commissions. The application also requests (1) an 26721, 26816, and 27022), the Specific terms of any Debt will be order under section 3(a)(1) declaring Commission authorized, among other determined by the Borrowers at the time LG&E Corp. and its wholly owned things, short-term borrowing, subject to of issuance and will comply with these subsidiary, LG&E Capital Corp. (‘‘LG&E certain limits, for Northeast, CL&P, and parameters. Capital’’), exempt from all provisions of WMECO through December 31, 2000 the Act except section 9(a)(2), following Northeast Utilities (70–9343) (‘‘Authorization Period’’).1 The short- the Transaction, and (2) an order under term borrowings for NU, CL&P, and Northeast Utilities (‘‘NU’’), a section 3(a)(2) declaring LG&E Corp.’s WMECO include a revolving credit registered holding company, located at subsidiary, Kentucky Utilities Company facility to which CL&P and WMECO are 174 Brush Hill Avenue, West (‘‘KUC’’), exempt from all provisions of parties (‘‘Existing System Revolver’’) Springfield, Massachusetts 01090–0010 the Act except section 9(a)(2), following and an unsecured revolving credit has filed a post-effective amendment to the Transaction.5 facility for Northeast (‘‘Existing its declaration under section 12(b) of the LG&E Corp. and Subsidiaries Northeast Facility’’). Both the Existing Act and rule 45 under the Act. System Revolver and the Existing By order dated November 12, 1998 LG&E Corp. has two wholly owned Northeast Facility expire on November (HCAR No. 26939) (‘‘Order’’), the public utility subsidiaries, Louisville 21, 1999. Commission authorized NU and Gas and Electric Company (‘‘LG&E’’) Applicants now seek authorization NEWCO (now known as NU Enterprises and KUC. LG&E, a Kentucky for: (1) Replacement of the Existing (‘‘NUEI’’)) 2 to, among other things, corporation, is engaged primarily in the System Revolver and Existing Northeast provide guarantees and similar forms of generation, transmission and Facility with various short-term credit support or enhancements distribution of electricity to borrowings subject to the parameters (collectively, ‘‘Guarantee’’) to, or for the approximately 360,000 customers in described below; (2) WMECO to benefit of NUEI, NUEI’s nonutility Louisville and adjacent areas in increase its short-term borrowing limit subsidiaries, or NU’s other to-be-formed Kentucky. LG&E’s service area covers from $150 million to $250 million for direct or indirect energy-related approximately 700 square miles in 17 the remainder of the Authorization companies, as defined in rule 58 under counties in Kentucky with an estimated Period; and (3) Northeast to increase its the Act, in an aggregate amount not to population of one million. LG&E also short-term borrowing limit from $200 exceed $75 million, at any one time, purchases, distributes and sells natural million to $400 million for the through December 31, 1999. gas to approximately 289,000 customers remainder of the Authorization Period. By order dated May 19, 1999, the within this service area and in limited No change is requested with respect to Commission authorized an increase in additional areas. Included within the limits on short-term debt borrowings Guarantee authority from $75 million to LG&E’s service area is the Fort Knox for CL&P, PSNH, Holyoke, or North $250 million. NU and NUEI now Military Reservation, to which LG&E Atlantic. propose to increase the Guarantee transports gas and provides electric The short-term borrowings (‘‘Debt’’) authority from $250 million to $500 service, but which maintains its own for Northeast, CL&P, and WMECO million and to extend the date through distribution systems. (‘‘Borrowers’’) will take a variety of which guarantees may be provided Retail sales rates, services and other forms, including short-term notes issued through December 31, 2002, under the aspects of LG&E’s electric and gas retail to bank and nonbank lending terms and conditions of the Order.3 operations are subject to the jurisdiction institutions through formal and informal LG&E Energy Corp. (70–9523) of the Kentucky Public Service credit lines, commercial paper Commission (‘‘Kentucky Commission’’). issuances, open account advances by LG&E Energy Corp. (‘‘LG&E Corp.’’), The Kentucky Commission also has Northeast to certain of its subsidiaries, 200 West Main Street, Louisville, regulatory authority over aspects of and use of the Northeast system money Kentucky 40232, a Kentucky LG&E’s financial activities including pool. The effective cost of money on the corporation and an electric and gas security issuances, property transfers Debt will not exceed 400 basis points public utility holding company involving asset values in excess of over the base rate in effect from time to currently exempt under section 3(a)(1) $100,000, and mergers with other time of the lending bank or financial from all provisions of the Act except utilities. Wholesale rates for electric 4 institution or, if no such base rate is section 9(a)(2), has filed an application energy sold in interstate commerce, identified, the base rate in effect from for an order under sections 9(a)(2) and wheeling rates for every transmission in time to time of a representative money 10 of the Act. LG&E Corp. seeks interstate commerce, and certain other center bank. The maturity of the Debt authorization of its proposed indirect activities of LG&E (including its hydro- will not exceed 364 days. The fees, acquisition of a reconstituted Western electric facilities) are subject to the commissions, or other expenses paid in Kentucky Energy Corp. (‘‘WKEC’’), an jurisdiction of the Federal Energy connection with the issuance of the indirect wholly owned nonutility Regulatory Commission (‘‘FERC’’). Debt or the entering into of credit subsidiary of LG&E Corp., in connection LG&E owns 4.9% of the common facilities will not exceed 3% of the with a consolidation among WKEC and stock of Ohio Valley Electric principal amount of the Debt. two other nonutility subsidiaries of Corporation (‘‘OVEC’’), which has one Borrowings from banks and other LG&E Corp., with WKEC as the wholly owned subsidiary, Indiana- financial institutions may be either unsecured or secured. To the extent 2 NUEI is engaged, through the use of multiple 5 KUC currently is a Kentucky electric utility and subsidiaries, in various energy related and other public utility holding company exempt under required, the provision of any collateral activities. section 3(a)(2) by order of the Commission from all 3 Rule 52 exempts NUEI’s financial transactions provisions of the Act except section 9(a)(2). See 1 The order dated May 13, 1999 (HCAR No. with its associate companies from Commission Kentucky Utilities Company, 29 S.E.C. 289 (1949); 27022) includes a reservation of jurisdiction ‘‘over jurisdiction, however, this information is provided KU Energy Corporation, Holding Co. Act Release Money Pool borrowings by PSNH that are for background purposes. No. 25409 (Nov. 13, 1991). The Commission attributable to contributions by WMECO, pending 4 LG&E Corp.’s exemption was granted by order recently affirmed KUC’s exemption under section the approval of the [Massachusetts Department of of the Commission. See LG&E Energy Corp., 3(a)(2). See LG&E Energy Corp., Holding Co. Act Telecommunications and Energy].’’ Holding Co. Act Release No. 26866 (April 30, 1998). Release No. 26866 (April 30, 1998).

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Kentucky Electric Corp. (‘‘IKEC’’). Each LG&E CORP. has two other directly were 129,677,030 outstanding shares of of OVEC and IKEC is an electric utility owned subsidiaries, LG&E Energy the common stock of LG&E Corp. LG&E company under the Act. For each of the Foundation, Inc., a tax-exempt Corp. has no preferred stock three years in the period ended charitable foundation and LG&E Capital, outstanding. December 31, 1998, LG&E derived less which is involved in numerous Description of Proposed Transaction than 0.15% of its income from its share nonutility, energy-related businesses of the earnings of OVEC. through various subsidiaries and joint In the Transaction, LG&E Corp. KUC, a Kentucky and Virginia ventures. Through its subsidiaries, proposes to acquire a reconstituted corporation, is engaged in producing, LG&E Capital has interests in and WKEC indirectly, through the merger of transmitting and selling electric energy operates electric power plants in several two indirect nonutility subsidiaries of to approximately 449,00 customers in states and Spain. Each of these facilities LG&E Corp.—WKE Corp. and WKE over 600 communities and adjacent is a qualifying cogeneration facility Station Two Sub Inc. (‘‘Station Two’’)— suburban and rural areas in 77 counties under the Public Utility Regulatory into WKEC, with WKEC as the surviving in central, southeastern and western Policies Act of 1978, an exempt corporation. Kentucky, and to approximately 29,000 wholesale generator (‘‘EWG’’) under WKE Corp. currently is a direct, customers in 5 counties in southwestern section 32 of the Act or a foreign utility wholly owned subsidiary of LG&E Virginia. In Virginia, KUC operates company (‘‘FUCO’’) under section 33 of Capital and the parent company of under the name Old Dominion Power the Act. LG&E Capital also has interests WKEC and Station Two. WKE Corp. Company. KUC also sells electric energy in and operates three natural gas currently is certified as an EWG and at wholesale for resale in 12 distribution companies in Argentina, Station Two is a nonutility company municipalities in Kentucky. each of which is a FUCO. LG&E Capital under the Act.7 Each of WKE Corp., KUC is subject to the jurisdiction of is involved through various subsidiaries WKEC and Station Two was formed in the Kentucky Commission and the in energy marketing and trading and, connection with a series of transactions Virginia State Corporation Commission with respect to natural gas, LG&E involving Big Rivers Electric as to retail rates and service, accounts, Capital also is involved through Corporation (‘‘Big Rivers’’), a issuance of securities and in other subsidiaries in the gathering, nonassociate utility company. Under respects. The FERC has jurisdiction over processing, storage and transportation of these transactions, WKEC leases the certain of the electric utility facilities natural gas.6 generating facilities of Big Rivers and and operations, wholesale sale of power For the year ended December 31, conducts the day-to-day operations of and related transactions and accounting 1998, approximately 16% of LG&E these facilities. Station Two operates a practices of KUC, and in certain other Corp.’s consolidated operating revenues generating facility of the City of respects. By reason of owning and and 18% of its consolidated operating Henderson, Kentucky, that was operating a small amount of electric income were derived from the previously operated by Big Rivers. LG&E utility property in one county in nonutility businesses. As of December Energy Marketing, Inc. (‘‘LEM’’), another Tennessee (having a gross book value of 31, 1998, approximately 20% of LG&E indirect nonutility subsidiary of LG&E about $226,000), KUC also may be Corp.’s consolidated assets were Corp., agreed to purchase electricity subject to the jurisdiction of the invested in nonutility businesses. For from the Big Rivers’ facilities and the Tennessee Regulatory Authority as to the twelve months ended March 31, City of Henderson’s facility. The retail rates, accounts, issuance of 1999, approximately 19% of LG&E electricity from the City of Henderson securities and in other respects. Corp.’s consolidated operating revenues was previously purchased by Big Rivers. KUC owns 2.5% of the common stock and 23% of its consolidated operating These transactions took effect in July 8 of OVEC. KUC also owns 20% of income were derived from nonutility 1998. Because the City of Henderson’s Electric Energy, Inc. (‘‘EEI’’), an Illinois businesses. As of March 31, 1999, generating facility serves retail corporation and an electric utility approximately 22% of LG&E Corp.’s customers, WKEC cannot operate this company under the Act. EEI was formed consolidated assets were invested in facility and maintain its status as an in the early 1950s to provide electric nonutility businesses. energy to a uranium enrichment plant For the year ended December 31, EWG. Therefore, the duties and located near Paducah, Kentucky. The 1998, LG&E Corp.’s operating revenues responsibilities relating to the Big enrichment plant was originally on consolidated basis were $2.002 Rivers’ facilities and the City of operated by the Atomic Energy billion of which approximately $659 Henderson’s facility were divided among WKE Corp., WKEC, Station Two Commission and the Department of million was derived from LG&E’s and LEM, even though these duties were Energy and is operated today by the electric operations, $192 million was previously performed by one company, United States Enrichment Corporation. derived from LG&E’s gas operations and Big Rivers. EEI owns the Joppa Plant, a 1,015 Mw $810 million was derived from KUC’s coal-fired electric generating plant LG&E Corp. has determined that the electric operations. Consolidated assets separation of the duties and located near Joppa, Illinois, and six 161 for LG&E Corp. and its subsidiaries as of kilovolt transmission lines which responsibilities among WKE Corp., December 31, 1998 were approximately WKEC, Station Two and LEM, and the transmit power from the Joppa Plant to $4.8 billion, of which approximately the Paducah enrichment plant. EEI’s constraints imposed upon WKEC in $3.0 billion consisted of electric utility order to maintain its certification as an common sock is held by KUC and three assets and $300 million consisted of gas other utility companies. EEI sells its utility assets. As of April 30, 1999, there excess electricity to its sponsoring 7 In this regard, LG&E Corp. has received a no- action letter from the staff of the Commission utilities for resale. The uranium 6 Effective June 30, 1998 LG&E Corp. confirming that Station Two’s activities would not enrichment facility is EEI’s only end- discontinued its merchant trading and sales cause it to be deemed an electric utility company user customer. For each of the three business and announced its plans to sell its natural under the Act. See WKE Station Two, Inc/Big Rivers years in the period ended December 31, gas gathering and processing business. LG&E Corp., Electric Corporation, SEC No-Action Letter (July 13, 1998, KUC derived less than 3% of its however, intends to maintain the technical systems 1998). and personnel necessary to engage in power 8 The Big Rivers transactions are described in net income from its share of the marketing sales from assets it owns or controls, more detail in the no-action letter. See supra note earnings of EEI and OVEC. including LG&E, KUC and WKEC. 7.

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EWG have led to numerous operational LG&E Corp. also states that, following SMALL BUSINESS ADMINISTRATION inefficiencies. Consequently, LG&E the Transaction, KUC will continue to Corp. now desires to combine WKE qualify as an exempt holding company Reporting and Recordkeeping Corp., WKEC and Station Two, with under section 3(a)(2) of the Act because Requirements Under OMB Review WKEC as the surviving corporation. KUC is predominantly a public utility AGENCY: Small Business Administration. LG&E Corp. also may transfer certain company whose operations, as such, do ACTION: related contracts for the sale of energy, not extend beyond the Commonwealth Notice of Reporting capacity and ancillary services from of Kentucky. Requirements Submitted for OMB Review. LEM to WKEC. The Transaction is For the Commission by the Division of intended to simplify and consolidate Investment Management, under delegated SUMMARY: Under the provisions of the responsibility within a single company, authority. Paperwork Reduction Act (44 U.S.C. WKEC, for operation and management Margaret H. McFarland, Chapter 35), agencies are required to of all of the generating assets in western Deputy Secretary. submit proposed reporting and Kentucky that are operated by LG&E [FR Doc. 99–25501 Filed 9–30–99; 8:45 am] recordkeeping requirements to OMB for Corp.’s affiliates, and for the sale of BILLING CODE 8010±01±M review and approval, and to publish a power and ancillary services from those notice in the Federal Register notifying facilities. Following the Transaction, the public that the agency has made WKEC will cease to meet the such a submission. requirements of an EWG, will decertify SMALL BUSINESS ADMINISTRATION DATES: Submit comments on or before as an EWG and will become an electric November 1, 1999. If you intend to utility company under the Act. Data Collection Available for Public comment but cannot prepare comments Therefore, consummation of the Comments and Recommendations promptly, please advise the OMB Transaction will result in the indirect Reviewer and the Agency Clearance acquisition of an electric utility ACTION: Notice and request for Officer before the deadline. company by LG&E Corp. comments. COPIES: Request for clearance (OMB The application states that the 83–1), supporting statement, and other Transaction is expected to result in SUMMARY: In accordance with the documents submitted to OMB for substantial benefits to the public, Paperwork Reduction Act of 1995, this review may be obtained from the investors and consumers, including notice announces the Small Business Agency Clearance Officer. significant economies of scale, reduced Administration’s intentions to request ADDRESSES: labor costs and reduced corporate and approval on a new, and/or currently Address all comments administrative expenses through the approved information collection. concerning this notice to: Agency elimination of redundancies and Clearance Officer, Jacqueline White, DATES: Submit comments on or before Small Business Administration, 409 3rd inefficiencies. As an example, the November 30, 1999. application notes that the Transaction Street, SW, 5th Floor, Washington, DC will promote more efficient use of the ADDRESSES: Send all comments 20416; and OMB Reviewer, Office of labor force currently divided among regarding whether this information Information and Regulatory Affairs, WKE Corp., WKEC and Station Two, collection is necessary for the proper Office of Management and Budget, New and will eliminate the need to maintain performance of the function of the Executive Office Building, Washington, separate computer systems and books agency, whether the burden estimate is DC 20503. and records for each of those accurate, and if there are ways to FOR FURTHER INFORMATION CONTACT: companies. minimize the estimated burden and Jacqueline White, Agency Clearance enhance the quality of the collection, to Officer, (202) 205–7044. Proposed Post-Transaction Exemptions Bruce Taylor, Financial Specialist, SUPPLEMENTARY INFORMATION: LG&E Corp. states that, following the Office of the Denver Finance Center, Title: Size Status Declaration. Transaction, it will continue to qualify Small Business Administration, 721 Form No.: 480. as an exempt holding company under 19th Street 4th Fl., Denver, CO 80202. Frequency: On Occasion. Description of Respondents: Small section 3(a)(1) of the Act, and LG&E FOR FURTHER INFORMATION CONTACT: Business Investment Companies. Capital will qualify as an exempt Bruce Taylor, Financial Specialist, 303– holding company under section 3(a)(1) Annual Responses: 4,200. 844–0171 or Curtis B. Rich, Annual Burden: 700. of the Act, because each of LG&E Corp. Management Analyst, 202–205–7030. and LG&E Capital, and each of its public Dated: September 24, 1999. SUPPLEMENTARY INFORMATION: utility company subsidiaries from Jacqueline White, which it derives a material part of its Title: ‘‘FFS Vendor Request Form’’. Chief, Administrative Information Branch. income, will be a Kentucky corporation, Form No: 1851A. [FR Doc. 99–25528 Filed 9–30–99; 8:45 am] will continue to be predominantly Description of Respondents: Outside BILLING CODE 8025±01±P intrastate in character and will continue Vendors. to conduct its utility business Annual Responses: 300. substantially within the Commonwealth Annual Burden: 25. SMALL BUSINESS ADMINISTRATION of Kentucky.9 Jacqueline White, Reporting and Recordkeeping 9 In this regard, LG&E Corp. states that neither Chief, Administrative Information Branch. Requirements Under OMB Review OVEC nor IKEC will be a subsidiary of LG&E Corp. [FR Doc. 99–25607 Filed 9–30–99 8:45 am] for purposes of the Act following the Transaction BILLING CODE 8025±01±P AGENCY: Small Business Administration. because LG&E Corp.’s total indirect ownership of ACTION: Notice of reporting requirements OVEC will be 7.4%. Although EEI will be a subsidiary of LG&E Corp. for purposes of the Act LG&E Corp. for purposes of section 3(a)(1) because submitted for OMB review. following the Transaction, and EEI is not a LG&E Corp. does not derive a material part of its Kentucky corporation, LG&E Corp. states that EEI income from EEI (less than 3% in each of the last SUMMARY: Under the provisions of the will not be a material public utility subsidiary of three years). Paperwork Reduction Act (44 U.S.C.

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Chapter 35), agencies are required to Northumberland, Perry, and Snyder in Financing, and Related Programs submit proposed reporting and the Commonwealth of Pennsylvania Appropriations Act, 1999 (Pub. L. 105– recordkeeping requirements to OMB for may be filed until the specified date at 277) and the analogous provisions in review and approval, and to publish a the previously designated location. prior year foreign operations, export notice in the Federal Register notifying All other information remains the financing and related programs the public that the agency has made same, i.e., the deadline for filing appropriations acts. The Acting such a submission. applications for physical damage is Secretary has concluded that DATES: Submit comments on or before October 30, 1999 and for economic publication of the determination would November 1, 1999. If you intend to injury the deadline is June 1, 2000. be harmful to the national security of comment but cannot prepare comments (Catalog of Federal Domestic Assistance the United States. promptly, please advise the OMB Program Nos. 59002 and 59008) Dated: September 27, 1999. Reviewer and the Agency Clearance Dated: September 21, 1999. John P. Barker, Jr., Officer before the deadline. Bernard Kulik, Deputy Assistant Secretary of State for COPIES: Request for clearance (OMB Associate Administrator for Disaster Nonproliferation Controls. 83–1), supporting statement, and other Assistance. [FR Doc. 99–25635 Filed 9–30–99; 8:45 am] documents submitted to OMB for [FR Doc. 99–25614 Filed 9–30–99; 8:45 am] BILLING CODE 4710±25±P review may be obtained from the BILLING CODE 8025±01±P Agency Clearance Officer. ADDRESSES: Address all comments DEPARTMENT OF TRANSPORTATION concerning this notice to: Agency SMALL BUSINESS ADMINISTRATION Clearance Officer, Jacqueline White, [Declaration of Disaster #3210; Amendment Amtrak Reform Council; Notice of Small Business Administration, 409 3rd #1] Meeting Street, SW, 5th Floor, Washington, DC AGENCY: Amtrak Reform Council. 20416; and OMB Reviewer, Office of Commonwealth of Virginia Information and Regulatory Affairs, ACTION: Notice of Special Meeting with In accordance with a notice received Office of Management and Budget, New Midwestern States and Business from the Federal Emergency Executive Office Building, Washington, Meeting. Management Agency dated September DC 20503. 13, 1999, the above-numbered SUMMARY: As provided in Section 203 of FOR FURTHER INFORMATION CONTACT: Declaration is hereby amended to the Amtrak Reform and Accountability Jacqueline White, Agency Clearance establish the incident period for this Act of 1997, the Amtrak Reform Council Officer, (202) 205–7044. disaster as beginning on August 27, (ARC) gives notice of a business meeting SUPPLEMENTARY INFORMATION: 1999 and continuing through September of the Council, preceded by a special Title: Stockholder’s Confirmation 13, 1999. meeting with representatives from the (Corporation): Ownership. Confirmation All other information remains the Mid-West states. At the special meeting, (Partnership). same, i.e., the deadline for filing the Council will hear from, among Form No.: 1405. applications for physical damage is others, representatives from the states of Frequency: On Occasion. November 4, 1999 and for economic Illinois, Wisconsin, Minnesota, Description of Respondents: Small injury the deadline is June 6, 2000. Michigan, Ohio, Indiana, Iowa, Missouri, and Nebraska to discuss all Business Investment Companies. (Catalog of Federal Domestic Assistance Annual Responses: 600. Program Nos. 59002 and 59008) aspects of intercity railroad passenger service, including corridor service, in Annual Burden: 600. Dated: September 21, 1999. Dated: September 24, 1999. the Mid-West states. At its business Bernard Kulik, meeting the Council will discuss, among Jacqueline White, Associate Administrator for Disaster other items, the general make-up of the Chief, Administrative Information Branch. Assistance. Annual Report due to Congress in [FR Doc. 99–25616 Filed 9–30–99; 8:45 am] [FR Doc. 99–25615 Filed 9–30–99; 8:45 am] January 2000 and a schedule of BILLING CODE 8025±01±P BILLING CODE 8025±01±P meetings and events for the year 2000. The meeting will also consider matters raised by individual Council members. SMALL BUSINESS ADMINISTRATION DEPARTMENT OF STATE DATES: The meeting with representatives # [Declaration of Disaster 3209] [Public Notice 3129] of Mid-West states is scheduled from 9:00 a.m. to 6:00 p.m. on Wednesday, Commonwealth of Pennsylvania; Bureau of Nonproliferation: October 13, 1999. The Council’s # Amendment 1 Determination Under the Foreign business meeting will be held on the In accordance with a notice from the Assistance Act and Several Foreign following day, Thursday, October 14, Federal Emergency Management Agency Operations and Related Programs 1999, from 8:30 a.m. to 12:00 noon. dated September 17, 1999, the above- Appropriations Acts ADDRESSES: Both meetings will be held numbered Declaration is hereby AGENCY: Department of State. in Wolf Pointe Ballroom, Holiday Inn Mart Plaza, 350 North Orleans Street, amended to include Juniata County, ACTION: Notice. Pennsylvania as a disaster area due to Chicago, IL 60654, telephone (312) 836– damages caused by severe storms and Pursuant to section 654(c) of the 5000. Persons in need of special flooding that occurred on August 20–21, Foreign Assistance Act of 1961, as arrangements should contact the person 1999. amended, notice is hereby given that the listed below. In addition, applications for economic Acting Secretary of State has made a FOR FURTHER INFORMATION CONTACT: injury loans from small businesses determination pursuant to section 620H Deirdre O’Sullivan, Amtrak Reform located in the contiguous counties of of the Foreign Assistance Act, section Council, Room 7105, JM–ARC, 400 Dauphin, Franklin, Huntingdon, Mifflin, 551 of the Foreign Operations, Export Seventh Street, S.W., Washington, DC

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20590, or by telephone at (202) 366– maintenance information that may be Utah Transit Authority 0591; FAX: 202–493–2061. included in the next change to the AC. FRA Waiver Petition No. FRA–1999– SUPPLEMENTARY INFORMATION: The ARC Any comments or corrections should 6253 was created by the Amtrak Reform and reflect the applicable AC chapter, page Utah Transit Authority (UTA) seeks a Accountability Act of 1997 (ARAA), as and paragraph number. If new permanent waiver of compliance from an independent commission, to evaluate information or data is suggested, a copy Amtrak’s performance and to make certain CFR parts of Title 49, of the data, repair methods, inspection specifically: Part 219, Control of recommendations to Amtrak for procedures, or new techniques should Alcohol and Drug Use; part 221, Rear achieving further cost containment, be enclosed with the comment. End Marking Device—Passenger, productivity improvements, and Commuter and Freight Trains; part 223, financial reforms. In addition, the DATES: Comments must be received on Safety Gazing Standards—Locomotives, ARAA requires that the ARC monitor or before November 30, 1999. Passenger Cars and Cabooses; part 225, cost savings resulting from work rules ADDRESSES: All comments should be Railroad Accidents/Incidents—Report established under new agreements addressed to: George Torres, AFS–613, Classification, and Investigations; part between Amtrak and its labor unions; Federal Aviation Administration, 228, Hours of Service of Railroad that the ARC provide an annual report Manufacturing Standards Section, 6500 Employees; part 229, Railroad to Congress that includes an assessment S. MacArthur Blvd, Oklahoma City, OK Locomotive Safety Standards; part 231 of Amtrak’s progress on the resolution 73169 or FAX 405–954–4104. A copy of Railroad Safety Appliance Standards; of productivity issues; and that, after Advisory Circular (AC) 43.13–1B, part 234, Grade Crossing Signal System two years, the ARC has the authority to Acceptable Methods, Techniques and Safety; part 238, Passenger Equipment determine whether Amtrak can meet Safety Standards; part 239, Passenger certain financial goals specified under Practices—Aircraft Inspection and Repair, can be found on the internet at Train Emergency Preparedness; part the ARAA and, if not, to notify the 240, Qualification and Certification of President and the Congress. web site www.faa.gov/afs/acs/ac- idx.htm. Comments may be inspected at Locomotive Engineers; and the statutory The ARAA provides that the ARC requirements 49 U.S.C. 20301 through consist of eleven members, including the above Oklahoma City address between 9 a.m. and 4 p.m. weekdays 20305. the Secretary of Transportation and ten UTA seeks approval of shared track others nominated by the President and except Federal holidays. usage and waiver of certain FRA Congressional leaders. Each member is FOR FURTHER INFORMATION CONTACT: regulations involving light rail to serve a five-year term. Gerri Robinson, Aviation and passenger operations on the planned Issued in Washington, DC, September 24, light rail transit system known as Commercial Branch, AFS–340, FAA, 1999. ‘‘TRAX.’’ The TRAX System will 800 Independence Avenue, SW., Thomas A. Till, operate on an approximately 15 mile Washington, DC 20591, Telephone: Executive Director. track between downtown Salt Lake City (202) 267–9678, FAX (202) 267–5075. [FR Doc. 99–25599 Filed 9–30–99; 8:45 am] and the City of Sandy, Utah to the BILLING CODE 4910±06±P Issued in Washington, DC, on September south. FRA has jurisdiction over a 20, 1999. portion of the TRAX System because it Ava L. Mims, will be connected to the general railroad DEPARTMENT OF TRANSPORTATION Deputy Director, Flight Standards Service. system of transportation; a portion of the TRAX System will be on a rail line [FR Doc. 99–25543 Filed 9–30–99; 8:45 am] Federal Aviation Administration on which a short line freight railroad BILLING CODE 4910±13±M currently operates, and will continue to Request for Comments on Advisory operate after start-up of TRAX service. Circular (AC) 43.13±1B, Acceptable In each section entitled Methods, Techniques and PracticesÐ DEPARTMENT OF TRANSPORTATION ‘‘Justification,’’ FRA merely sets out Aircraft Inspection and Repair UTA’s justifications which are included Federal Railroad Administration AGENCY: Federal Aviation in its petition. In doing so, UTA Administration. Petitions for Waivers of Compliance; references the proposed Joint Policy ACTION: Request for comments. Petition for Exemption for Statement on Shared Used of the General Railroad System issued by FRA Technological Improvements SUMMARY: This notice requests and the Federal Transit Administration comments on AC 43.13–1B, Acceptable In accordance with Title 49 Code of (FTA) (64 FR 28238; May 25, 1999) Methods, Techniques, and Practices— (‘‘Policy Statement’’). The proposed Federal Regulations (CFR) Sections Aircraft Inspection and Repair, which policy statement suggests that regulation 211.9 and 211.41, and 49 U.S.C. 20306, provides guidance on acceptable of light rail service on the general rail notice is hereby given that the Federal methods, techniques, and practices system, under conditions of temporal associated with inspection and repairs Railroad Administration (FRA) has separation from conventional rail to small, nonpressurized, older aircraft received a request for waiver of movements, be handled through of 12,500 pounds or less. This AC was compliance with certain requirements of application of complementary strategies. revised on September 8, 1998. The FAA the Federal railroad safety regulations FRA regulations would generally be is considering making a change to the and a request for exemption of certain employed to address hazards common AC that will correct minor discrepancies statutory provisions. The individual to light rail and conventional operations that occurred during publication and is petition is described below, including for which consistent handling is opening the document for additional the party seeking relief, the regulatory necessary, while other hazards would be new maintenance information. This and statutory provisions involved, the handled under FTA’s program of State notice is necessary to give all interested nature of the relief being sought and the Safety Oversight (49 CFR Part 659). See persons an opportunity to submit petitioner’s arguments in favor of relief. proposed Policy Statement for details. comments, corrections, or new Since FRA has not yet concluded its

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A basic review of the cars are designed to have two taillights voting liaison to FRA’s Safety Board, respective FRA and FTA regulations permanently mounted into the car body. and that person will participate in the reveals that they are quite similar in These red lights are designed to be board’s consideration of UTA’s waiver purpose, structure and substance. Both visible for a distance of 500 feet from petition. regulations are intended to enhance the rear-end of the train and are located safety by prohibiting and eliminating 45 inches above the top of rail. Because Part 219 Control of Alcohol and Drug misuse of drugs and alcohol which the rear lights on the TRAX vehicles Use might otherwise result in accidents and will make them conspicuous to any Part 219 prescribes minimum Federal injuries to employees and the traveling trailing train, the TRAX vehicle lighting safety standards for the control of public. Both regulations provide for will provide an equivalent level of alcohol and drug use by railroad procedural and recordkeeping safety to that provided by the FRA workers for the purpose of preventing requirements to safeguard the integrity regulation. accidents and casualties in railroad of the program and provide privacy and Part 223 Section 223.9(c)—Glazing operations that result from impairment due process protections for covered Requirements; Section 223.17— of employees by alcohol or drugs. employees. Finally, both sets of Identification. Justification regulations prohibit impaired employees from performing safety Section 223.9(c) requires that UTA requests a waiver of all of the sensitive functions and require testing passenger cars be equipped with FRA- requirements of part 219 so that all of of essentially the same personnel under certified glazing in all windows. This the employees assigned to the TRAX similar circumstances (i.e., random, requirement is intended to reduce the System who would otherwise be post-accident, reasonable suspicion, and likelihood of injury to passengers and/ covered employees under this part, return-to-duty testing, and in the case of or employees from breakage and would become covered employees drugs, pre-employment testing). shattering of windows (including subject to UTA’s existing drug and Although there are differences windshields). Section 223.17 requires alcohol program under the FTA rules at between the regulations, there are no each passenger car that is fully 49 CFR part 653, Prevention of major policy differences with respect to equipped with FRA compliant glazing Prohibited Drug Use in Transit the need to eliminate drug and alcohol material to have a notice of compliance Operations, and part 654, Prevention of misuse or the primary importance of stenciled on an interior wall of the car. Alcohol Misuse in Transit Operations. safety in transportation operations. The This serves the purpose of providing UTA believes that this would provide most obvious difference involves the notice about the glazing material in the UTA with operational advantages while application of penalties for non- car. preserving an equivalent level of safety. compliance. Under FRA rules, a Justification The FTA regulations apply to regulated entity found to be in violation recipients of Federal mass transit funds, of the rule may be subject to the UTA requests a waiver of this except those ‘‘specifically excluded’’ assessment of civil penalties in requirement because the TRAX vehicle because they are recipients operating accordance with a published schedule. will conform instead to the windshield railroads regulated by FRA. 49 CFR The FTA regulations do not contain and window requirements of § 6.04 of 653.5 and 654.5. In such cases, a such a civil penalty structure. However, Appendix A of California Public recipient is to follow FRA regulations in under the FTA regulations, compliance Utilities Commission (CPUC) General 49 CFR part 219 for its ‘‘railroad is a condition for eligibility for receipt Order 143–A. Under this standard, operations.’’ However, such a recipient of Federal funds. Non-compliance can windshields and other windows must is still required to certify that it is in result in suspension of eligibility for be made of laminated safety glass or compliance with applicable rules and to applicable Federal funding altogether. shatter-proof or tempered glazing comply with parts 653 and 654 for its Thus, the severity of the potential material. Glass meeting this standard is ‘‘non-railroad operations.’’ penalty serves as a deterrent in the same break-resistant in normal usage, but if UTA is a recipient of Federal mass way as the FRA civil penalty program. broken, will ‘‘crumble’’ into pebble-like transit funds, and therefore, would be pieces, posing no significant hazard to subject to the compliance certification Part 221 Section 221.13(d)—Marking passengers, employees, or rescue provision of FTA’s regulations at parts Devices Display; Section 221.14(a)— personnel. The use of such safety glass 653 and 654 for any railroad operations Marking Devices windows is standard throughout the rail otherwise covered by FRA’s regulations Sections 221.13(d) and 221.14(a) transit industry for (among other at 49 CFR part 219, and is currently contain requirements that passenger, applications) in-street light rail subject to all of the requirements of commuter and freight trains be operations, where it has proved both parts 653 and 654 for UTA’s bus equipped with and display rear end durable and safe. In addition, the operations. If granted a waiver from the marking devices. The requirements are interior side of the window surfaces will requirements of part 219, the subject intended to reduce the likelihood of have a carbonate coating. While the light rail operations would rear-end collisions due to the primary purpose of the coating is to automatically fall under the regulatory inconspicuity of the rear-end of a render the windows resistant to graffiti, jurisdiction of FTA. Thus, all of the leading train. the coating also serves to provide employees assigned to the LRT additional protection against spalling in operation, who would otherwise be Justification the event the window is broken. This covered employees under this part, UTA seeks a waiver from these extra protection adds to the safety of the would become covered employees requirements because the TRAX windows. Finally, the risk associated under FTA’s rules at parts 653 and 654. vehicles, while having rear end lights, with vandalism (such as by rocks

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The requirements of §§ 228.17(a)(2)–(10) are requirements for the marking of placement of two sets of doors on each designed for freight railroad operations, emergency windows and the posting of side of the vehicle will provide where there usually are multiple emergency window operating significant capacity for mobility in and dispatching districts, varying train instructions. These requirements are out of each side of the car should one consists, routes and locomotive power intended to help passengers and side not be suitable for use in exiting the units, changing train schedules, and emergency responders distinguish train. unscheduled trains. On freight railroads emergency windows from other UTA believes that the doors will dispatcher and train crew working windows and provide information on provide emergency egress capacity hours may vary and reporting stations the operation of the emergency equivalent to or better than FRA may change. Usually work is not windows. emergency exit window requirements. confined to a short segment of rail line Justification With these features, there is little risk of and overnight time away from home is passengers becoming trapped or rescue UTA requests a waiver from these common. In this environment the FRA- personnel being unable to reach requirements because the TRAX required dispatcher records are useful passengers. Accordingly, a waiver of vehicles are not equipped with for keeping track of trains and train § 223.15(c) is justified. In addition, the emergency windows. Thus, crews, which is essential to assuring TRAX Emergency Response Plan identification of some windows as compliance with the hours of service provides for passenger evacuation and ‘‘emergency windows’’ and the posting requirements without disruption to crowd control planning. of special operating instructions is not service. appropriate in this instance. Part 225 Railroad Accidents/Incidents TRAX service, however, is very Reporting different. TRAX Controllers will operate Section 223.15(c) Emergency Window out of one facility, running the same Requirements Part 225, Reports Classification, and consist on the same route every Section 223.15(c) requires each Investigations, prescribes reporting operating day. TRAX service will passenger train car to be equipped with requirements for accident/incidents operate on a scheduled basis on a 15- at least four emergency windows meeting the materiality thresholds in mile line, and will make station stops. designed to permit rapid and easy § 225.19. The reporting requirements Controllers and vehicle operators will removal during an emergency. This support FRA’s enforcement efforts and work fixed schedules, with many of the requirement is intended to enhance provide information to detect trends on same controllers and vehicle operators safety by providing emergency egress in an industry-wide basis. working the same hours each week. addition to egress through vehicle Justification TRAX records maintained by other doorways. personnel will contain information on UTA requests a waiver of reporting the controllers and vehicle operators Justification and investigation requirements for working on particular times on UTA requests a waiver of this injuries because UTA will be following particular days. Controllers and vehicle requirement because although the TRAX the injury reporting requirements which operators will not need to be away from vehicle will not literally meet this will be established by UDOT, as their home terminals as part of their standard, it will meet or exceed the required by UTA’s System Safety work duty. Although TRAX controllers safety objective of the requirement. As Program Plan (SSPP). In addition, UTA will control the movement of freight noted above, the TRAX vehicles will not is responsible for compliance with trains once the trains are admitted to the be manufactured with emergency applicable Occupational Safety and Shared Trackage, the controllers are not windows. Rather, the TRAX vehicle is Health Administration workplace injury responsible for dispatching freight trains designed so that the doorways provide reporting requirements. Compliance or tracking crew movements generally. the requisite emergency exit capability. with FRA regulations for injuries on the Thus, in the TRAX operating In fact, the TRAX vehicle doorways Shared Trackage would require the environment, the standard records provide greater access/egress capability creation of a separate administrative maintained by UTA on train and train than is found on conventional structure for injury reporting, which crew movements and operator commuter rail cars. would place an unnecessary attendance will provide sufficient Each vehicle has four sets of double administrative burden on UTA without information to determine service hours doors on each side of the vehicle. Each enhancing safety. worked. set of double doors provides a 8-foot by Part 228 Records and Reporting 4-foot opening, and the vehicle is Part 229 Railroad Locomotive Safety designed such that the cars can Sections 228.17(a) (2)–(10) of part 228 Standards completely empty in less than one contain train movement recordkeeping Sections 229.46–229.59 set forth minute with all doors open. The doors requirements to be maintained by standards related to operation and are releasable through an emergency persons performing dispatcher maintenance of railroad locomotive air release lever and may be opened functions. These requirements are brake systems. These requirements are without power supply. The interior door intended to aid FRA in enforcing the intended to ensure that locomotive release levers will be clearly marked statutory hours of service requirements brake components are and remain in and in a location accessible to all by providing a detailed record of train good working order to permit the proper passengers. These release features make movements and crew locations. function of the brake system and to

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When the striking the brakes. are designed to regulate such systems. two couplers are connected, the coupler Section 229.77(b) Current Collectors The TRAX vehicles, however, use locks form a parallelogram where the electrically activated hydraulic brakes, draft forces are counterbalancing each Section 229.77(b) requires that each supplemented by dynamic brakes and other, thus making unintentional pantograph operating on an overhead magnetic track brakes. Because the uncoupling impossible. The coupler trolley wire have a device for locking TRAX vehicles do not have air brakes, attaches to the vehicle underframe via and grounding it in the lowest position, §§ 229.46–229.59 are not applicable to four cap bolts torqued to 295 ft. lbs. See which can be applied and released only the TRAX vehicle brake system. UTA Exhibit J. The Safety Plan will provide from a position where the operator has assures FRA, however, that safety will for operation and maintenance of a clear view of the pantograph and roof not be compromised. UDOT regulations vehicle couplers in good working order. and without mounting the roof. The and UTA’s Safety Plan for the operation purpose of this requirement is to reduce and maintenance of the TRAX System Section 229.65 Spring Rigging the risk of electrical shock injury due to will require that the inspection, testing, Section 229.65 sets forth requirements defective or ungrounded pantographs. maintenance and operation of the brake for the safety of springs and shock Justification equipment on the TRAX vehicle rise to absorbers. The purpose of these an equivalent level of safety as that requirements is to ensure that these UTA requests a waiver from this achieved through compliance with components are in good working order requirement because in the TRAX §§ 229.46–229.59 on conventional and that safety hazards will be vehicle the operator will not be able to commuter rail equipment. minimized if the components do break. see the pantograph from the cab. UTA requests that FRA confirm that However, if the pantograph is defective, §§ 229.46–229.59 are not applicable to Justification the train will be unable to move and the the TRAX System. Alternatively, should UTA requests a waiver of the operator will know there is a problem FRA determine that these sections do requirements of § 229.65 because the with the pantograph. On the TRAX apply, UTA requests a waiver of these TRAX vehicle has a different type of vehicles, the pantograph is raised and sections since the differences between suspension system than that envisioned lowered electrically from inside the air brake and electrically activated by the regulation. The suspension controlling cab. In the event that hydraulic brake systems render system of the TRAX vehicle consists of manually raising or lowering the application of the requirements a primary elastometric element pantograph is necessary, it is done from inappropriate and because UDOT (Chevron spring type) and a secondary inside the vehicle with a specialized regulations and the UTA Safety Plan coil spring. The maximum amount of tool. Thus, the operator remains will provide an equivalent level of vehicle drop in the event of spring separated from risks associated with safety. breakage is three inches. In the event of contact with the pantograph. a vehicle derailment, the powered and Section 229.61 Draft System Section 229.125 Headlights and non-powered bogies are held to the car Auxiliary Lights Section 229.61 requires that couplers frame using bogie retainer rods. be free of excessive slack, breaks and In accordance with the Safety Plan, Sections 229.125(a), (b), (d), and (f) cracks in certain critical component UTA will maintain the TRAX vehicles’ contain specifications for the placement areas. Section 229.61 also requires a suspension system to ensure that the and brightness of locomotive headlights device to be provided to prevent suspension system is free of material and auxiliary lights. The purpose of drawbar and articulated connection pins defects and operates in good working these requirements is to reduce the risk from falling out in the case of breakage. order. of collisions attributable to The purpose of these requirements is to inconspicuity of the train, particularly ensure that the coupler is in good Section 229.71 Clearance above Top of in low light level situations. working order to perform as required. Rail Section 229.71 requires that no part or Justification Justification appliance of a locomotive, with limited UTA requests a waiver from this UTA requests a waiver from the exceptions, be less than 2 1/2 inches requirement because the exterior requirements in § 229.61 because the above the top of rail. The purpose of this lighting of the TRAX vehicle is designed TRAX vehicles do not utilize a draft requirement is to ensure that in conformance with §§ 5.01 and 5.02 of system for coupling. Rather, the TRAX inappropriate parts of the locomotive do Appendix A of CPUC General Order vehicle has a Scharfenberg Coupler, not make contact with the tracks or 143–A. See Exhibit I. These lights on the which is an automatic way of obstructions on the tracks, thereby TRAX vehicles will provide an connecting the light rail vehicles both decreasing the risk of derailment. equivalent level of conspicuity to the physically and electrically. As the two vehicles, thereby meeting FRA’s couplers come into contact with each Justification regulatory objective. other, the indexed male/female coupler UTA requests a waiver from this In accordance with CPUC General faces its mate providing a ridged requirement because the track brakes on Order 143–A, the TRAX vehicles will be interface. As the coupler faces come the TRAX vehicle are located between equipped with two headlights that are together the electrical head cover swings the wheels of the truck just one inch capable of revealing a person or motor up and allows the pin connectors to above the rail. The track brakes, which vehicle in clear weather at a distance of engage, allowing train line are essentially large magnets, must be 600 feet and which will be adjusted so communication. The coupler is an positioned there to operate properly. as not to interfere with the vision of

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This The statute contains specific equipped with their own array of safety triangular lighting configuration will standards for automatic couplers, sill devices resulting in equivalent safety. render the TRAX vehicle easily steps, hand brakes, and secure ladders These are discussed below in greater distinguishable to motor vehicles and and running boards. Where ladders are detail. freight trains. required, the statute mandates The TRAX light rail vehicles are low In addition, the TRAX vehicle will compliant handholds or grab irons for boarding vehicles. The risk of falling have two red lights which will emit a the roof of the vehicle at the top of each while climbing aboard the vehicle is light plainly visible in clear weather ladder. Compliant grab irons or minimal, and therefore most of the from a distance of not less than 500 feet handholds also are required for the ends listed appliances are not necessary for to the rear of the train. The TRAX and sides of the vehicles, in addition to safety. The TRAX light rail vehicles do, vehicle will also have two red stoplights standard height drawers. In addition, however, have equivalent versions of mounted on the end with the taillights. the statute requires trains to be some of the safety appliances that are These stoplights will be capable of equipped with a sufficient number of tailored to TRAX operations. For producing approximately 150 percent of vehicles with power or train brakes so example, to ensure passenger and crew the intensity of the taillights and will be that the engineer may control the train’s safety during the embarking/ illuminated whenever any brake other speed without the use of a common disembarking process and during than the parking brake is applied. These hand brake. At least 50 percent of the operation of the vehicles, the TRAX lights will make the TRAX vehicle vehicles in the train must be equipped light rail vehicles are equipped with clearly visible to any other train on the with power or train brakes, and the grab handles and bars. In addition, each tracks, as well as to motor vehicle traffic engineer must use the power or train vehicle is equipped with an appliance at grade crossings. brakes on those vehicles and all other running the length of the front of the vehicles equipped with such brakes that vehicle to provide protection against Section 229.135 Event Recorders are associated with the equipped foreign objects being caught under the Section 229.135 requires that, with vehicles in the train. car body while the vehicle is in motion. certain exceptions, any train which is Aside from these statutory-based Also, the TRAX light rail vehicles are operated faster than 30 mph must be requirements, the regulations provide equipped with automatic couplers, equipped with an in-train event additional and parallel specifications for rendering uncoupling levers recorder in the lead locomotive. Event hand brakes, sill steps, side handholds, unnecessary. recorders keep automatic records of end handholds, end handrails, side-door The TRAX light rail vehicles will various type of train activities, such as steps and uncoupling levers. More have brakes that meet the standards set speed, brake applications, signals specifically, each passenger vehicle forth in CPUC General Order 143–A, passed, etc., that can be used both to aid must be equipped with an efficient hand Exhibit I, and will be inspected, tested, in the reconstruction of accidents and to brake that operates in conjunction with and maintained as required by Section monitor safety compliance by train the power brake on the train. The hand 5 of the UTA Safety Plan, Exhibit G. operators. brake must be located so that it can be Therefore, the TRAX light rail vehicle safely operated while the passenger brake system will be equivalent to a Justification vehicle is in motion. Passenger cars standard air brake system, and thus UTA requests a waiver from this must have four sill steps and side-door provide an equivalent level of safety. requirement because the TRAX vehicles steps and prescribed tread length, UTA is aware that it may obtain will not be equipped with event dimensions, material, location, and exemption from the statutory safety recorders. However, the Train Control attachment devices for sill steps and appliance requirements mentioned Units (TCU) within each vehicle are side-door steps. In addition, there are above only if application of such capable of capturing all of the requirements for the number, composite requirements would ‘‘preclude the information required by the regulation, material, dimensions, location, and development or implementation of more except for throttle position. Although other characteristics for side and end efficient railroad transportation the TCU is not a continuous recorder, it handholds and end handrails. Finally, equipment or other transportation is activated any time a fault is seen and this section requires the presence of innovations.’’ 49 U.S.C. 20306. The the information captured is saved uncoupling attachments that can be exemption for technological indefinitely (it cannot be overwritten operated by a person standing on the improvements was originally enacted to like it can be on a traditional event ground. further the implementation of a specific recorder). Consequently, in the event of These very detailed regulations are type of freight car, but the legislative an accident, the TCU will capture intended to ensure that sufficient safety history shows that Congress intended virtually all the same information appliances are available and that they the exemption to be used elsewhere so required by the regulation, making this will function safely and securely as that ‘‘other types of railroad equipment information available to UTA and state intended. might similarly benefit.’’ S. Rep. 96– and federal investigators for accident 614, at 8, (1980), reprinted in 1980 Justification reconstruction and safety oversight U.S.C.C.A.N. 1156, 1164. purposes. As noted above, some of the FRA has recognized the potential requirements in § 231.14 are required by public benefits of temporally separated Part 231 Passenger Cars Without End statute and, therefore, are not subject to transit use on segments of the general Platforms waiver under FRA’s regulatory waiver railroad system. Light rail transit Section 231.14 specifies the requisite provisions. FRA does, however, have systems ‘‘promote more livable location, number, dimensions, and the statutory authority to provide communities by serving those who live manner of application of a variety of exemptions from these statutory and work in urban areas without adding railroad car safety appliances (e.g., hand requirements. 49 U.S.C. 20306. congestion to the nation’s overcrowded

VerDate 22-SEP-99 14:00 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00132 Fmt 4703 Sfmt 4703 E:\FR\FM\A01OC3.020 pfrm01 PsN: 01OCN1 53440 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Notices highways.’’ FRA Policy Statement at available. In such instances, UTA will permit safe operation of the control, 28238. They ‘‘take advantage of not be able to follow the procedure in radio, and public address system. underutilized urban freight rail § 234.105(c)(3) to move the train TRAX vehicles will operate in an corridors to provide service that, in the through the crossing because the TRAX urban/suburban region; the route is at- absence of the existing right of way, vehicles will be operated by one person grade with many easy points of access. would be prohibitively expensive.’’ crews, and that crewmember cannot The farthest distance between the track There have been many technological leave the train to flag the crossing. and a street access point is 1,000 feet. advances in types of equipment used for Instead, UTA proposes to bring the train Emergency responders will be able to passenger rail operations, such as the to a full stop at the crossing, sound an reach any portion of the system use of light rail transit vehicles that will appropriate audible warning device on reasonably quickly. be used for the TRAX light rail system. the vehicle, then proceed through the The TRAX emergency lighting and Light rail transit equipment is energy crossing at restricted speed as back-up power systems will provide efficient for passenger rail operations conditions permit (in any case less than necessary and adequate functioning in because it is lighter than conventional 15 mph). The combination of the the TRAX environment. This request is passenger equipment. Most light rail proposed procedure along with the fact consistent with FRA’s position on the vehicles are electric, which reduces air that almost all of the crossings will have appropriate treatment of this part as pollution. Light rail vehicles are able to non-mountable clearly marked medians, stated in the Policy Statement. Policy quickly accelerate or decelerate, which will provide a level of safety equivalent Statement at 28242. Accordingly, a makes them more suitable than other to that provided by the FRA rule, while waiver of § 238.115(b) is justified. equipment types in systems with causing less disruption to TRAX service. Section 238.203 Static End Strength closely-configured stations. Denying UTA’s request for an exemption from Section 238.113 Emergency Window Section 238.203 provides for the certain safety appliance requirements, Exits overall compressive strength of rail passenger cars. This section is intended would preclude the implementation of Section 238.235 requires passenger to prevent sudden, brittle-type failure of light rail transit for shared use/temporal cars to have a minimum of four the main structure of a passenger car, separation operations. Moreover, emergency exit windows of specified thereby providing protection of compliance with the statutory size and operational characteristics. occupants in the case of a crash. requirements is not necessary for safe This requirement is intended to provide operations. for sufficient, easily accessible avenues Justification With regard to the regulatory of egress from passenger cars in the case UTA requests a waiver of these requirements of § 231.14, the TRAX of emergency. light rail vehicles will be equipped with requirements because the TRAX safety appliances that are more Justification vehicles are constructed to comply with Sections 6.02—6.03 of Appendix A of appropriate for light rail transit vehicles, UTA requests a waiver of this thus achieving an equivalent or superior CPUC General Order 143–A. requirement on the same basis with, and Specifically, each TRAX vehicle will be level of safety in the TRAX operating with the same justification as, the environment. equipped with collision or cab-end waiver requested for § 223.15(c). corner posts, and the connection of the Section 234.105(c)(3) Activation Section 238.115(b) Emergency Lighting corner posts to the supporting structures Failure and Back-up Power (and the supporting structure itself) Section 234.105 sets forth procedures must be able to develop the full bending to be followed in the event of a failure Section 238.123(b) requires passenger capacity of the collision or corner posts. of the activating mechanism of a cars to provide battery powered Further, the vehicle will be designed highway-rail grade crossing warning emergency lighting meeting certain and constructed such that all major system. Section 234.105(c) provides for specified standards. The purpose of this structural components meet or exceed alternative means of actively warning requirement is to ensure that in an the following for both an unloaded and highway users of approaching trains emergency situation, sufficient lighting a fully loaded LRV body: under the during periods of warning system will remain available to aid passengers, action of an end compression load activation failure. These requirements crew members and, rescue personnel to applied to twice the unladen car body are intended to prevent collisions access and leave the train safely. weight applied longitudinally at the end between motor vehicles and trains at Justification sills, there shall be no permanent strain grade crossings due to failure of the in any structural member and there grade crossing warning system by UTA seeks a waiver from some of the shall be no stress in any such member providing for alternate means of requirements of § 238.115(b) because the exceeding the yield strength of yield controlling traffic at such crossings. TRAX vehicle uses an emergency point of the material. lighting system typical of light rail The TRAX vehicle is manufactured Justification vehicles in service throughout North using a low alloy high tensile steel UTA requests a waiver from this America. frame. This framework consists of two requirement because this procedure is The emergency lighting on the TRAX end sections attached to a single not compatible with TRAX operations. vehicle will operate in all equipment articulation joint. Each end section is In cases of grade crossing warning within 45 degrees of vertical and will made up of an end underframe which system activation failures, UTA will operate for a period of at least four contains the anti-climber, body bolster, deploy flaggers or request the hours, in excess of the FRA standard. corner posts and the anti-telescoping deployment of uniformed law The emergency lights, placed over every structural safety design feature. The SD enforcement officers to provide traffic other door, will provide sufficient light 100 design permits end structure control services, in accordance with the to facilitate easy egress from and access loading to be transferred from the anti- requirements of this section. However, to the low interior floor. The emergency climber through the corner posts up to there may be times at which no flagger lighting and back-up power in the the roof structure. This transfer of or uniformed law enforcement officer is operator’s cab will be sufficient to structural loading to the roof structure

VerDate 22-SEP-99 14:00 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 E:\FR\FM\A01OC3.021 pfrm01 PsN: 01OCN1 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Notices 53441 helps to protect the passenger of collisions between freight and Justification compartment by preventing the floor passenger trains is significantly UTA requests a waiver from these structure from receiving the full load. reduced. Consequently, a requirement requirements because the TRAX The car body side sheets also add to the that the TRAX vehicles have anti- vehicles are designed to meet standard structural integrity of the SD 100 car climbers designed to sustain a collision light rail transit car specifications. The body. The TRAX vehicle has a specified with a freight train is unnecessarily TRAX vehicle is manufactured with a compression load at coupler anchorage burdensome. The CPUC standard for low alloy high tensile steel frame. This level of 445 kN (100,000 lbs). The tested light rail vehicles will ensure that the framework consists of two end sections compression loading, using an empty anticlimbers function as intended to attached to a single articulation joint. car at the level of the anti-climber, was lessen the severity of collision between Each end section is made up of an end 687.21 kN (154,500 lbs). This is in line light rail vehicles. underframe which contains the anti- with the design compression loads climber, body bolster, corner posts, and commonly found on light rail transit Section 238.207 Link Between the anti-telescoping structural safety vehicles in service in North America. Coupling Mechanism and Car Body UTA believes that the design and design feature. This design permits end construction of the TRAX vehicles will Section 238.207 sets forth strength structure loading to be transferred away provide an equivalent level of safety, requirements for the link between the from the end of the locomotive to the particularly in the TRAX operating car coupling mechanism and the car roof structure, providing protection to environment. As noted previously, body. The purpose of this requirement the passengers and crew inside the because of the temporal separation of is to avoid a premature failure of the vehicle. This design has been used in the freight and passenger operations draft system so that the anticlimbing light rail vehicles in service throughout over the TRAX line, the risk of mechanism will have an opportunity to the country without reported problems collisions between freight and passenger engage. arising related to the front end strength of the vehicles. trains is virtually eliminated. Justification Consequently, the need for the TRAX Section 238.211 Collision Posts vehicles to have sufficient structural UTA requests a waiver from the Section 238.211 requires passenger strength to survive a collision with a requirements of § 238.207 because the equipment to have two full-height freight train is minimized. The CPUC TRAX vehicle does not utilize a draft collision posts of specified strength at standard for light rail vehicles will system for coupling. Rather, the TRAX each end where coupling and ensure that the vehicles will have vehicle has a Scharfenberg Coupler, uncoupling are expected. This sufficient structural capacity to survive which is an automatic way of requirement is intended to provide for collision with each other or other connecting the light rail vehicles both protection against crushing of occupied objects (such as motor vehicles) with physically and electrically. As the two limited risk of injury to occupants. areas of passenger cars in the event of couplers come into contact with each a collision or derailment. Section 238.205(b) Anti-climbing other, the indexed male/female coupler Mechanism faces its mate providing a ridged Justification interface. As the coupler faces come UTA requests a waiver of these Section 238.205(b) requires together the electrical head cover swings locomotives, including MU locomotives requirements because the TRAX up and allows the pin connectors to vehicles are constructed to comply with (as defined in § 238.5), to have forward engage, allowing train line and rear end anti-climbing mechanisms §§ 6.02–6.03 of Appendix A of CPUC communication. The coupler is an General Order 143–A. Specifically, each capable of resisting an upward or energy absorbing connecting device in downward vertical force of 200,000 TRAX vehicle will be equipped with both buff and draft. The coupler is collision or cab-end corner posts, and pounds without failure. These capable of absorbing 175 kN at a requirements are intended to prevent the connection of the corner posts to the velocity of 3 mph. The buff and draft supporting structures (and the override or telescoping of one passenger loads are transmitted to the car train unit into another in the event of supporting structure itself) must be able underframe via the coupler shank and to develop the full bending capacity of high compressive forces caused by a rubber cushion draw gear. When the derailment or collision. the collision or corner posts. Further, two couplers are connected, the coupler the vehicle will be designed and Justification locks form a parallelogram where the constructed such that all major UTA requests a waiver from these draft forces are counterbalancing each structural components meet or exceed requirements because the TRAX vehicle other, thus making unintentional the following for both an unloaded and will have an anti-climber mechanism on uncoupling impossible. The coupler a fully loaded LRV body: under the each end of the vehicle designed and attaches to the vehicle underframe via action of an end compression load constructed with projecting steel four cap bolts torqued to 295 ft. lbs. The applied to twice the unladen car body corrugations that will interlock with a Safety Plan will provide for operation weight applied longitudinally at the end similar device on another LRV, as and maintenance of vehicle couplers in sills, there shall be no permanent strain required under Section 6.01 of good working order. in any structural member and there Appendix A of CPUC General Order Section 238.209 Forward-Facing End shall be no stress in any such member 143–A. Structure of Locomotives exceeding the yield strength of yield UTA believes that the design and point of the material. construction of the TRAX vehicle anti- Section 238.209 prescribes several The TRAX vehicle is manufactured climbers will provide an equivalent strength-related characteristics for the using a low alloy high tensile steel level of safety, particularly in the TRAX skin of the forward-facing end of each frame. This framework consists of two operating environment. As noted locomotive. These requirements are end sections attached to a single previously, because of the temporal intended to provide protection to articulation joint. Each end section is separation of the freight and passenger persons in the occupied area of the made up of an end underframe which operations over the TRAX line, the risk locomotive cab. contains the anti-climber, body bolster,

VerDate 22-SEP-99 14:00 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 E:\FR\FM\A01OC3.022 pfrm01 PsN: 01OCN1 53442 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Notices corner posts, and the anti-telescoping weight applied longitudinally at the end TRAX vehicle is built to different design structural safety design feature. The SD sills, there shall be no permanent strain criteria which will provide an 100 design permits end structure in any structural member and there equivalent level of safety. The TRAX loading to be transferred from the anti- shall be no stress in any such member vehicle employs a low alloy high tensile climber through the corner posts up to exceeding the yield strength of yield steel frame in a lightweight low-floor the roof structure. This transfer of point of the material. design. The low-floor design lowers the structural loading to the roof structure The TRAX vehicle is manufactured center of gravity, as well as the load helps to protect the passenger using a low alloy high tensile steel conditions, in rollover circumstances. compartment by preventing the floor frame. This framework consists of two The lower center of gravity makes the structure from receiving the full load. end sections attached to a single TRAX vehicle less prone to rollover The car body side sheets also add to the articulation joint. Each end section is than a standard commuter rail car. structural integrity of the SD 100 car made up of an end underframe which Moreover, in the unlikely event of a body. The TRAX vehicle has a specified contains the anti-climber, body bolster, rollover, the lighter weight of the TRAX compression load at coupler anchorage corner posts, and the anti-telescoping vehicle means that the roof does not level of 445 kN (100,000 lbs). The tested structural safety design feature. The SD have to support as much weight as a compression loading, using an empty 100 design permits end structure standard commuter rail car. Finally, the car at the level of the anti-climber, was loading to be transferred from the anti- design features of the TRAX vehicle 687.21 kN (154,500 lbs). This is in line climber through the corner posts up to provide for structural protection of the with the design compression loads the roof structure. This transfer of occupant compartments, achieving an commonly found on light rail transit structural loading to the roof structure adequate level of safety. vehicles in service in North America. helps to protect the passenger The basic TRAX vehicle design has The design and construction of the compartment by preventing the floor been in use in transit systems TRAX vehicles will provide an structure from receiving the full load. throughout North America for the last equivalent level of safety, particularly in The car body side sheets also add to the 20 years without reported problems the TRAX operating environment. As structural integrity of the SD 100 car related to rollover strength issues. noted previously, because of the body. The TRAX vehicle has a specified temporal separation of the freight and compression load at coupler anchorage Section 238.217 Side Structure passenger operations over the TRAX level of 445 kN (100,000 lbs). The tested Section 238.217 sets strength line, the risk of collisions between compression loading, using an empty requirements for side posts, corner freight and passenger trains is virtually car at the level of the anti-climber, was braces and outside sheathing. These eliminated. Consequently, the need for 687.21 kN (154,500 lbs). This is in line specifications are intended to provide the TRAX vehicles to have sufficient with the design compression loads for additional structural protection, so structural strength to survive a collision commonly found on light rail transit that a car will derail before it collapses with a freight train is minimized. The vehicles in service in North America. into the occupant compartments. CPUC standard for light rail vehicles The design and construction of the will ensure that the vehicles will have TRAX vehicles will provide an Justification sufficient structural capacity to survive equivalent level of safety, particularly in UTA requests a waiver from the collision with each other or other the TRAX operating environment. As requirements of § 238.217 because the objects (such as motor vehicles) with noted previously, because of the TRAX vehicle is built to different design limited risk of injury to occupants. temporal separation of the freight and criteria which will provide an passenger operations over the TRAX equivalent level of safety. The TRAX Section 238.213 Corner Posts line, the risk of collisions between vehicle is manufactured using a low Section 238.213 requires two full- freight and passenger trains is virtually alloy high tensile steel frame with car height corner posts of specified strength eliminated. Consequently, the need for body side sheets which provide at the end of each vehicle. These the TRAX vehicles to have sufficient protection to the occupant compartment requirements serve to provide structural strength to survive a collision of the vehicle by safeguarding the protection to occupant compartments with a freight train is minimized. The structural integrity of the vehicle, while from side-swipe type collisions. CPUC standard for light rail vehicles also maintaining the vehicle’s Justification will ensure that the vehicles will have lightweight design features. sufficient structural capacity to sustain Additionally, the relatively short train UTA requests a waiver of these collision with each other or other length ensures that the vehicle will not requirements because the TRAX objects (such as motor vehicles) with occupy a grade crossing for an extended vehicles are constructed to comply with limited risk of injury to occupants. period, lowering the risk of collisions. §§ 6.02–6.03 of Appendix A of CPUC Overall, UTA believes that although General Order 143–A. Specifically, each Section 238.215 Rollover Strength the TRAX vehicle may not conform to TRAX vehicle will be equipped with Section 238.215 sets forth the the specific requirements of the collision or cab-end corner posts, and structural requirements intended to regulation, the vehicle will provide, in the connection of the corner posts to the prevent significant deformation of the conjunction with the other safety design supporting structures (and the occupant compartments of passenger features of the vehicle, a sufficient supporting structure itself) must be able cars in the event the car rolls onto its measure of safety. to develop the full bending capacity of side or roof. Under this section, a Section 238.221 Glazing the collision or corner posts. Further, passenger car must be able to support the vehicle will be designed and twice the dead weight of the vehicle Section 238.221 reiterates the safety constructed such that all major while the vehicle is resting on its roof glazing standards of 49 CFR part 223 structural components meet or exceed or side. and establishes standards for glazing the following for both an unloaded and securement components. The new a fully loaded LRV body: under the Justification requirements for glazing securement are action of an end compression load UTA requests a waiver from the designed to ensure that the glazing applied to twice the unladen car body requirements of § 238.215 because the frame be capable of holding the glazing

VerDate 22-SEP-99 14:00 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00135 Fmt 4703 Sfmt 4703 E:\FR\FM\A01OC3.023 pfrm01 PsN: 01OCN1 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Notices 53443 in place against all forces which it is inappropriate and because the UTA Part 239 Emergency Preparedness required to resist under part 223, and Safety Plan will provide an equivalent Part 239 contains standards for the forces created by air pressure level of safety. preparation, adoption, and differences caused when two trains pass Section 238.233 Interior Fittings and implementation of emergency at their authorized maximum speeds in Surfaces preparedness plans by railroads opposite directions at the minimum connected with the operation of Section 238.233 set forth strength track separation for two adjacent tracks. passenger trains. It is intended that by requirements for passenger car interior Glazing forced from the window providing sufficient emergency egress fittings such as seats, overhead racks, opening is a potential hazard. capability and information to and other similar items. In addition, to UTA will be in compliance with the passengers, and by having emergency the extent possible, all interior fittings new glazing securement requirements, preparedness plans calling for in the passenger car are to be recessed but seeks a waiver from § 238.221 on the coordination with local emergency or flush-mounted and sharp edges and same basis as the waiver request for the response officials, the risk of death or corners in the locomotive cab or part 223. injury to passengers, employees and passenger car must be either avoided or others in the case of accidents or other Section 238.229 Safety Appliances padded. These requirements are incidents, will be lessened. This rule This section reiterates the designed to reduce the likelihood and was adopted as a result of several applicability of the safety appliance severity of injury to train occupants serious crashes involving commuter requirements of 49 CFR part 231 to caused by the dislodging of seats or trains. passenger train cars. UTA seeks a other interior items or by occupants waiver from this section on the same striking interior items in the event of an Justification basis and with the same justification, as accident. UTA requests a waiver from the part the waiver requested from the part 231 Justification 239 requirements because UTA will be requirements directly. following UDOT emergency UTA seeks a waiver of the Section 238.231 Brake System preparedness requirements. UTA requirements of § 229.233 because believes that compliance with the Section 238.231 sets forth standards although the TRAX vehicle interior is UDOT emergency preparedness related to operation and maintenance of designed to provide a safe passenger requirements will provide a level of passenger rail equipment brake systems. environment, the vehicle may not meet safety equivalent or superior to the FRA These requirements are intended to the specific strength requirements set standards. The Emergency Response ensure that passenger rail equipment forth in the regulation. The TRAX Plan provides for emergency brake components are and remain in vehicle seats are designed with a rigid preparedness activities. Procedures good working order to permit the proper floor pedestal and wall mounting requiring interface with outside function of the brake system and to system widely used throughout the agencies, such as police and fire, will be reduce the likelihood of accidents due transit industry with a good safety closely coordinated. Regular drills will to failures of brakes and/or brake system record. The interior fittings are designed be performed with these agencies to components. to standard transit industry standards simulate real-world conditions. These for passenger safety and comfort and Justification emergency preparedness standards have will not pose a hazard to passengers. been tailored to the TRAX System, but Standard commuter rail equipment The interior design standards will also draw on the experience of employs air brake systems and § 238.231 provide an equivalent level of safety to emergency preparedness standards form is designed to regulate such systems. the FRA requirements. other rail transit systems whose The TRAX vehicles, however, use operations and equipment more closely electrically activated hydraulic brakes, Part 238 Inspection, Testing and Maintenance resemble TRAX than other FRA- supplemented by dynamic brakes and regulated commuter rail systems. magnetic track brakes. Because the Subpart D of part 238, §§ 238.301 TRAX vehicles do not have air brakes, through 238.319, contains requirements Part 240 Qualification and the requirements of § 238.231 are not pertaining to the inspection, testing, and Certification of Locomotive Engineers applicable to the TRAX vehicle brake maintenance of the passenger Part 240 contains regulations relating system. UTA assures FRA, however, equipment and systems required for to the qualification and certification of that safety will not be compromised. Tier I passenger equipment. These locomotive engineers. The locomotive UTA’s Safety Plan for the operation and requirements are designed to ensure that engineer shoulders significant maintenance of the TRAX System will passenger rail operations are conducted responsibility for the safety of him/ require the inspection, testing, only on vehicles whose components and herself and others in the railroad maintenance, and operation of the brake systems are in good working order, operating environment. Through the equipment on the TRAX vehicle to an thereby reducing both the chances of an regulation’s training, eligibility, testing, equivalent level of safety as that equipment-related accident and the and monitoring standards, FRA seeks to achieved through compliance with severity of damage or injury in the case ensure that only sufficiently qualified § 238.231 on conventional commuter of an accident. individuals are entrusted with those rail equipment. UTA anticipates being in compliance unique responsibilities. UTA requests that FRA confirm that with the requirements of subpart D. § 238.231 is not applicable to the TRAX However, UTA requests a waiver from Justification System. Alternatively, should FRA any requirements that correlate to the UTA requests a waiver from these determine that the requirements of this subpart B or C standards from which requirements because UTA will be section do apply, UTA requests a waiver UTA has sought waivers. TRAX following its own operator training and of these sections because the differences equipment will be subject to a detailed qualification standards under the between air brake and electrically program of inspection, testing, and oversight of UDOT. UTA believes that activated hydraulic brake systems maintenance, as required by the state of compliance with its own operator render application of the requirements Utah and UTA’s own Safety Plan. qualification and training requirements

VerDate 22-SEP-99 14:00 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00136 Fmt 4703 Sfmt 4703 E:\FR\FM\A01OC3.024 pfrm01 PsN: 01OCN1 53444 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Notices will provide at least an equivalent level DEPARTMENT OF TRANSPORTATION All communications concerning this of safety. Under the Safety Plan, train proceeding should be identified by the operators must receive formal Federal Railroad Administration docket number and must be submitted certification to operate on the TRAX [Docket No. FRA±1999±6070] to the Docket Clerk, DOT Central Docket System and must receive an annual re- Management Facility, Room PI–401, certification, or be re-certified as Notice of Application for Approval of Washington, D.C. 20590–0001. required in response to rules, violations Discontinuance or Modification of a Communications received within 45 and long-term absences from the system. Railroad Signal System or Relief From days of the date of this notice will be See Exhibit G. Train operator training is the Requirements of Title 49 Code of considered by the FRA before final a four-week course combining Federal Regulations Part 236 action is taken. Comments received after classroom and field training. Subjects that date will be considered as far as Pursuant to Title 49 Code of Federal includes rules, standard operating practicable. All written communications Regulations (CFR) Part 235 and 49 procedures, emergency operating concerning these proceedings are U.S.C. App. 26, the following railroads procedures, light rail vehicle available for examination during regular have petitioned the Federal Railroad orientation, light rail vehicle business hours (9:00 a.m.–5:00 p.m.) at Administration (FRA) seeking approval troubleshooting, system orientation, and DOT Central Docket Management for the discontinuance or modification Facility, Room PI–401 (Plaza Level), 400 communications. Train operators must of the signal system or relief from the pass written and field tests to Seventh Street, S.W., Washington, D.C. requirements of 49 CFR Part 236 as 20590–0001. All documents in the successfully complete the course. In detailed below. addition, the TRAX operating rules call public docket are also available for for a system of discipline, leading to Docket No. FRA–1999–6070 inspection and copying on the internet at the docket facility’s Web site at possible decertification for train Applicant: Burlington Northern and operators who violate operating rules. http://dms.dot.gov. Santa Fe Railway Mr. William G. FRA expects to be able to determine Interested parties are invited to Peterson Director Signal Engineering these matters without an oral hearing. participate in this proceeding by 4515 Kansas Avenue Kansas City, However, if a specific request for an oral submitting written views, data, or Kansas 66106. hearing is accompanied by a showing Burlington Northern and Santa Fe comments. FRA does not anticipate that the party is unable to adequately Railway seeks approval of the proposed scheduling a public hearing in present his or her position by written annual modification of the signal system connection with either the request for a statements, an application may be set for winter operation, on the two main waiver of certain regulatory provisions for public hearing. or the request for an exemption of tracks, between milepost 1151.74 and certain statutory provisions. If any milepost 1152.34, near Marias, Issued in Washington, D.C. on September 27, 1999. interested party desires an opportunity Montana, on the Montana Division, Hi Grady C. Cothen, Jr., for oral comment, he or she should Line Subdivision. The proposed notify FRA, in writing, before the end of changes consist of the following, on an Deputy Associate Administrator for Safety Standards and Program Development. the comment period and specify the annual basis, during winter operations: basis for his or her request. 1. Temporarily spike, clamp, and [FR Doc. 99–25540 Filed 9–30–99; 8:45 am] disable switch controls in field for BILLING CODE 4910±06±P All communications concerning these power-operated double crossover proceedings should identify the switches; appropriate docket number (e.g., Waiver 2. Temporarily discontinue and turn DEPARTMENT OF TRANSPORTATION Petition Docket Number FRA 1999– to the field, the westbound home signals 6253) and must be submitted to the DOT at Marias; and Federal Railroad Administration Docket Management Facility, Room PL– 3. Temporarily extend the OS out to Notice of Application for Approval of 401 (Plaza level) 400 Seventh Street, the existing westbound repeater signals, Discontinuance or Modification of a SW, Washington, DC 20590. remove the number boards from the Railroad Signal System or Relief From Communications received within 45 westbound repeater signals, and in the Requirements of Title 49 Code of days of the date of this notice will be effective convert the westbound repeater Federal Regulations Part 236 considered by FRA before final action is signals to the new westbound home taken. Comments received after that signals. Pursuant to Title 49 Code of Federal date will be considered as far as The reasons given for the proposed Regulations (CFR) part 235 and 49 practicable. All written communications changes are that during winter U.S.C. App. 26, the following railroads concerning this proceeding are available operations it is impossible to keep have petitioned the Federal Railroad for examination during regular business switches clear of snow, causing train Administration (FRA) seeking approval hours (9:00 a.m.–5:00 p.m.) at the above delays due to switches being out of for the discontinuance or modification facility. All documents in the public correspondence, and the potential for of the signal system or relief from the docket are also available for inspection unsafe air loss associated with stopping requirements of 49 CFR part 236 as and copying on the Internet at the on a 1.66 percent grade can be detailed below. docket facility’s Web site at http:// prevented. dms.dot.gov. Any interested party desiring to Docket No. FRA–1999–6071 protest the granting of an application Issued in Washington, D.C. on September Applicant: Union Pacific Railroad shall set forth specifically the grounds 27, 1999. Company, Mr. Phil Abaray, Chief upon which the protest is made, and Engineer—Signals, 1416 Dodge Street, Michael Logue, contain a concise statement of the Room 1000, Omaha, Nebraska 68179– Deputy Associate Administrator for Safety interest of the Protestant in the 1000. Compliance and Program Implementation. proceeding. Additionally, one copy of Union Pacific Railroad Company [FR Doc. 99–25541 Filed 9–30–99; 8:45 am] the protest shall be furnished to the seeks approval of the proposed BILLING CODE 4910±06±P applicant at the address listed above. modification of the signal systems, on

VerDate 22-SEP-99 14:00 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00137 Fmt 4703 Sfmt 4703 E:\FR\FM\A01OC3.026 pfrm01 PsN: 01OCN1 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Notices 53445 the two main tracks, near Houston, FRA expects to be able to determine Seventh Street, SW, Washington DC Texas, on the Houston East Belt and these matters without an oral hearing. 20590. Houston West Belt Subdivisions, However, if a specific request for an oral Written Comments: If you wish to consisting of the discontinuance and hearing is accompanied by a showing submit written comments on the issues removal of 30 automatic leaving signals that the party is unable to adequately related to or discussed at this meeting, at the following locations: present his or her position by written they should refer to Docket No. Houston East Belt Subdivision statements, an application may be set NHTSA–99–6270 and be submitted to: milepost 3.4—signals No.’s 109 and for public hearing. Docket Management, Room PL–401, 400 107 Issued in Washington, D.C., on September Seventh Street, S.W., Washington, DC milepost 8.2—signals No.’s 59 and 61 27, 1999. 20590 (Docket hours are from 10 a.m. to milepost 9.1—signals No.’s 54 and 52 Grady C. Cothen, Jr., 5 p.m.). milepost 9.4—signals No.’s 53 and 51 FOR FURTHER INFORMATION CONTACT: Dr. milepost 10.6—signals No.’s 40 and Deputy Associate Administrator for Safety Standards and Program Development. August Burgett, Office of Vehicle Safety 38 Research, 400 Seventh Street, SW, milepost 11.3—signals No.’s 33 and [FR Doc. 99–25539 Filed 9–30–99; 8:45 am] BILLING CODE 4910±06±P Washington, DC 20590 (telephone 202– 35 366–5663, [email protected]) or milepost 12.1—signals No.’s 32 and Dr. Jeffrey Michael, EMS Division, NTS– 34 14, 400 Seventh Street, SW, milepost 12.75—signals No.’s 19 and DEPARTMENT OF TRANSPORTATION Washington, DC 20590 (telephone 202– 17 National Highway Traffic Safety milepost 13.2—signals No.’s 14 and 366–4299, [email protected]). Administration 16 SUPPLEMENTARY INFORMATION: milepost 13.3—signals No.’s 11 and 9 [Docket No. NHTSA±99±6270] A. Background milepost 14.3—signals No.’s 6 and 4 Houston West Belt Subdivision Notice of Public Meeting for Strategies The increasing utilization of certain milepost 7.6—signals No.’s 225 and to Address the Potential for Driver advanced technologies in automobiles 227 Distraction Due to Emerging Vehicle brings both the promise of safety milepost 8.1—signals No.’s 220 and Technologies enhancement and concerns about safety 218 compromises due to the potential of milepost 8.3—signals No.’s 219 and AGENCY: National Highway Traffic crash causation. Technologies which 221 Safety Administration (NHTSA), DOT. transmit, receive, or display information milepost 9.6—signals No.’s 206 and ACTION: Notice of public meeting. from an automobile have collectively 204 been termed telematics, and include SUMMARY: On October 15, 1999, NHTSA The reason given for the proposed devices such as automatic collision will conduct a public meeting to discuss changes is that the leaving signals are notification systems, navigation strategies for realizing the benefits of redundant and that only entering signals systems, and driver warning systems, as advanced driver assistance and are used to control train movements. well as in-vehicle fax machines, information technologies without Any interested party desiring to telephones, and other communication compromising safety. These new protest the granting of an application equipment. technologies, known as telematics, shall set forth specifically the grounds Many of the functions performed by include a range of automotive devices to upon which the protest is made, and these devices promise direct safety transmit, receive, or display contain a concise statement of the benefits, for example automatic information. The intent of this meeting interest of the Protestant in the notification of emergency personnel is to share viewpoints, information, and proceeding. Additionally, one copy of following a crash or hazard alerts to findings, if any, relative to the safety the protest shall be furnished to the inform drivers of dangerous traffic and impact of telematics devices among the applicant at the address listed above. roadway conditions. However, devices public, industry, government, and safety All communications concerning this which provide drivers with additional groups. Topics to be discussed include proceeding should be identified by the information could also distract the the need for research to understand the docket number and must be submitted driver from the task of operating the safety implications of telematics, the to the Docket Clerk, DOT Central Docket vehicle and increase the risk of crashes. Management Facility, Room PI–401, role of various entities in promoting best Washington, DC 20590–0001. practices in the design and use of these B. Public Meeting Communications received within 45 devices, and opportunities for proper On October 15, 1999, NHTSA will days of the date of this notice will be evaluation of the safety impacts of such conduct a public meeting, providing a considered by the FRA before final systems to ensure the safe design, forum for industry, safety, research action is taken. Comments received after application, and use of telematics groups, and the general public to that date will be considered as far as devices. discuss strategies for realizing the safety practicable. All written communications DATES: Public Meeting: NHTSA will and other benefits of telematics concerning these proceedings are hold the public meeting on October 15, technologies without compromising available for examination during regular 1999, from 9 a.m. to 4 p.m. safety. The intent of this meeting is to business hours (9 a.m.–5 p.m.) at DOT Written Comments: The agency has share viewpoints, information, and Central Docket Management Facility, established Docket No. NHTSA–99– findings relative to the issue of the Room PI–401 (Plaza Level), 400 Seventh 6270 as a repository for comment on safety impact of telematics devices. Street, S.W., Washington, D.C. 20590– issues related to the safety of telematics Topics to be discussed include current 0001. All documents in the public devices. Written comments may be research plans among stakeholders, the docket are also available for inspection made to this docket at any time. need for further research to understand and copying on the Internet at the ADDRESSES: Public Meeting: The public the safety implications of telematics, the docket facility’s Web site at http:// meeting will be held in room 2230, U.S. role of policies to promote best practices dms.dot.gov. Department of Transportation, 400 in the design and use of these devices,

VerDate 22-SEP-99 14:00 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 E:\FR\FM\A01OC3.200 pfrm01 PsN: 01OCN1 53446 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Notices and opportunities for proper evaluation request for confidentiality should be Dated: September 23, 1999. of the safety impact of these systems to accompanied by a cover letter setting By Direction of the Secretary. ensure the safe design, application, and forth the information specified in the Marvin R. Eason, use of telematics devices. agency’s confidential business Committee Management Officer. information regulation, 49 CFR part 512. C. Written Comments [FR Doc. 99–25601 Filed 9–30–99; 8:45 am] Interested persons are invited to Issued on: September 27, 1999. BILLING CODE 8320±01±M submit comments on this notice. Two Raymond P. Owings, copies should be submitted to Docket Associate Administrator for Research and Development. DEPARTMENT OF VETERANS Management at the address given at the AFFAIRS beginning of this document. Comments [FR Doc. 99–25548 Filed 9–30–99; 8:45 am] must not exceed 15 pages in length (49 BILLING CODE 4910±59±U Advisory Committee on Women CFR 553.21). Necessary attachments Veterans, Notice of Charter Renewal may be appended to these submissions without regard to the 15-page limit. This DEPARTMENT OF VETERANS This gives notice under the Federal limitation is intended to encourage AFFAIRS Advisory Committee Act, as amended commenters to detail their primary (Pub. L. 92–463; 5 U.S.C. App.), that the arguments in a concise fashion. Advisory Committee on the Department of Veterans Affairs’ If a commenter wishes to submit Readjustment of Veterans, Notice of Advisory Committee on Women certain information under a claim of Charter Renewal Veterans has been renewed for a 2-year confidentiality, three copies of the period beginning September 22, 1999, complete submission, including This gives notice under the Federal through September 22, 2001. purportedly confidential business Advisory Committee Act, as amended Dated: September 23, 1999. information, should be submitted to the (Pub. L. 92–463; 5 U.S.C. App.), that the Chief Counsel, NHTSA, at the street Advisory Committee on the By Direction of the Secretary. address given above, and two copies Readjustment of Veterans has been Marvin R. Eason, from which the purportedly confidential renewed for a 2-year period beginning Committee Management Officer. information has been deleted should be September 22, 1999, through September [FR Doc. 99–25600 Filed 9–30–99; 8:45 am] submitted to Docket Management. A 22, 2001. BILLING CODE 8320±01±M

VerDate 22-SEP-99 14:00 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00139 Fmt 4703 Sfmt 4703 E:\FR\FM\A01OC3.201 pfrm01 PsN: 01OCN1 53447

Corrections Federal Register Vol. 64, No. 190

Friday, October 1, 1999

This section of the FEDERAL REGISTER DEPARTMENT OF DEFENSE 237.7204 [Corrected] contains editorial corrections of previously published Presidential, Rule, Proposed Rule, 48 CFR Part 237 1. On page 49684, in the second and Notice documents. These corrections are column, in section 237.7204, in prepared by the Office of the Federal [DFARS Case 99±D018] paragraph 1(i), in the first line, ‘‘Cause’’ Register. Agency prepared corrections are should read ‘‘Course’’. issued as signed documents and appear in Defense Federal Acquisition the appropriate document categories Regulation Supplement; Officials Not 2. On the same page, in the third elsewhere in the issue. To Benefit Clause column, in section 237.7204, in paragraph 1(m), in the first line, Correction ‘‘charge’’ should read ‘‘charges’’. In rule document 99–23731 beginning [FR Doc. C9–23731 Filed 9–30–99; 8:45 am] on page 49684, in the issue of Tuesday, BILLING CODE 1505±01±D September 14, 1999, make the following corrections:

VerDate 22-SEP-99 14:00 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00140 Fmt 4734 Sfmt 4734 E:\FR\FM\A01OC3.001 pfrm01 PsN: 01OCN1 federal register October 1,1999 Friday Fiscal Year2000;FinalRule Housing AssistancePaymentsProgramÐ Fair MarketRentsfortheSection8 24 CFRPart888 Development Housing andUrban Department of Part II 53449 53450 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations

DEPARTMENT OF HOUSING AND Method Used to Develop FMRs State Minimum FMRs URBAN DEVELOPMENT FMR Standard FMRs are established at the higher of the local 40th percentile rent level or 24 CFR Part 888 FMRs are gross rent estimates; they the Statewide average of include shelter rent and the cost of nonmetropolitan counties, subject to a [Docket No. FR±4496±N±02] utilities, except telephone. HUD sets ceiling rent cap. The State minimum FMRs to assure that a sufficient supply also affects a small number of Fair Market Rents for the Section 8 of rental housing is available to program metropolitan areas whose rents would Housing Assistance Payments participants. To accomplish this otherwise fall below the State ProgramÐFiscal Year 2000 objective, FMRs must be both high minimum. enough to permit a selection of units AGENCY: Office of the Secretary, HUD. and neighborhoods and low enough to Bedroom Size Adjustments ACTION: Notice of Final Fiscal Year (FY) serve as many families as possible. The FMRs have been calculated separately 2000 Fair Market Rents (FMRs). level at which FMRs are set is expressed for each bedroom size category. For as a percentile point within the rent areas whose FMRs are based on the SUMMARY: Section 8(c)(1) of the United distribution of standard quality rental States Housing Act of 1937 requires the State minimums, the rents for each housing units. The current definition bedroom size are the higher of the rent Secretary to publish FMRs annually to used is the 40th percentile rent, the be effective on October 1 of each year. for the area or the Statewide average of dollar amount below which 40 percent nonmetropolitan counties for that FMRs are used for the Section 8 housing of standard quality rental housing units choice voucher program, the Moderate bedroom size. For all other FMR areas, rent. The 40th percentile rent is drawn the bedroom intervals are based on data Rehabilitation Single Room Occupancy from the distribution of rents of units program, the project-based voucher for the specific area. Exceptions have which are occupied by recent movers been made for some areas with local program, and any other programs (renter households who moved into requiring their use. Today’s notice bedroom size rent intervals below an their unit within the past 15 months). acceptable range. For those areas the provides final FY 2000 FMRs for all Newly built units less than two years areas. intervals selected were the minimums old are excluded, and adjustments have determined after outliers had been EFFECTIVE DATE: The FMRs published in been made to correct for the below excluded from the distribution of this notice are effective on October 1, market rents of public housing units bedroom intervals for all metropolitan 1999. included in the data base. areas. Higher ratios continue to be used FOR FURTHER INFORMATION CONTACT: Data Sources for three-bedroom and larger size units Gerald Benoit, Operations Division, than would result from using the actual Office of Rental Assistance, telephone HUD used the most accurate and market relationships. This is done to (202) 708–0477. For technical current data available to develop the assist the largest, most difficult to house information on the development of FMR estimates. The sources of survey families in finding program-eligible schedules for specific areas or the data used for the base-year estimates units. The FMRs for unit sizes larger method used for the rent calculations, are: than 4 bedroom are calculated by contact Alan Fox, Economic and Market (1) The 1990 Census, which provides adding 15 percent to the 4 bedroom Analysis Division, Office of Economic statistically reliable rent data for all FMR for each extra bedroom. For Affairs, telephone (202) 708–0590, FMR areas; example, the FMR for a 5 bedroom unit Extension 5863 (e-mail: (2) The Bureau of the Census’ is 1.15 times the 4 bedroom FMR, and [email protected]). Hearing- or American Housing Surveys (AHSs), the FMR for a 6 bedroom unit is 1.30 speech-impaired persons may use the which are used to develop between- times the 4 bedroom FMR. FMRs for Telecommunications Devices for the Census revisions for the largest single-room-occupancy (SRO) units are Deaf (TTY) by contacting the Federal metropolitan areas and which have 0.75 times the 0 bedroom FMR. Information Relay Service at 1–800– accuracy comparable to the decennial 877–8339. (Other than the ‘‘800’’ TTY Census; and Public Comments number, telephone numbers are not toll (3) Random Digit Dialing (RDD) In response to the May 7, 1999 free.) telephone surveys of individual FMR proposed FMRs, HUD received public SUPPLEMENTARY INFORMATION: Section 8 areas, which are based on a sampling comments covering 21 FMR areas. of the United States Housing Act of procedure that uses computers to select Rental housing survey information was 1937 (the Act) (42 U.S.C. 1437f) statistically random samples of rental provided for 12 of those FMR areas. All authorizes housing assistance to aid housing. of the survey information submitted was lower income families in renting decent, The base-year FMRs are updated evaluated and, based on that review, the safe, and sanitary housing. Housing using trending factors based on FMRs for 10 areas are being revised. The assistance payments are limited by Consumer Price Index (CPI) data for information submitted for the other FMRs established by HUD for different rents and utilities or HUD regional rent FMR areas was not considered sufficient areas. In the voucher program, the FMR change factors developed from RDD to provide a basis for revising the FMRs. is used to determine the ‘‘payment surveys. Annual average CPI data are Areas with approved FMR increases: standard’’ (the maximum monthly available individually for 99 Sacramento, CA subsidy) for assisted families (see metropolitan FMR areas. RDD regional San Benito County, CA Section 982.503.) In general, the FMR rent change factors are developed San Diego, CA for an area is the amount that would be annually for the metropolitan and San Francisco, CA needed to pay the gross rent (shelter nonmetropolitan parts of each of the 10 Waterloo-Cedar Falls, IA rent plus utilities) of privately owned, HUD regions. The RDD factors are used Rochester, MN decent, safe, and sanitary rental housing to update the base year estimates for all Moore County, NC of a modest (non-luxury) nature with FMR areas that do not have their own Many comments were received from suitable amenities. local CPI survey. the Cape Cod, Massachusetts area in Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53451 response to the proposed FMR decrease. American Housing Survey sufficient number of Section 8 units to An important methodological comment Based on detailed rent data from the justify the survey cost of $10,000– was that the RDD survey on which the 1998 metropolitan AHSs, HUD is $12,000. Areas with 500 or more reduction was based might not have increasing FMRs for the following two program units usually meet this accurately identified what are locally areas: criterion, and areas with fewer units referred to as winter rental units. The may meet it if local rents are thought to Birmingham, AL units that were surveyed in March 1999 be significantly different than the FMR Tampa-St. Petersburg-Clearwater, FL were therefore re-surveyed with a more proposed by HUD. In addition, HUD has detailed set of questions to identify FMRs for the following AHS areas are developed a simplified version of the these winter rentals. Results of the re- being increased by the normal update RDD survey methodology for smaller, survey revealed that the winter rentals factor: nonmetropolitan HAs. This had influenced the original survey and Oakland, CA methodology is designed to be simple also indicated more rapid rent increases San Jose, CA enough to be done by the HA itself, than previously thought. On this basis Baltimore, MD rather than by professional survey the FMRs have been revised upward. Boston, MA–NH organizations, at a cost of about $5,000. These areas are: Minneapolis-St. Paul, MN–WI HAs in nonmetropolitan areas may, in Rochester, NY certain circumstances, do surveys of Barnstable-Yarmouth, MA Cincinnati, OH–KY–IN groups of counties. All grouped county Barnstable County, MA Houston, TX surveys must be approved in advance by Dukes County, MA Salt Lake City-Ogden, UT HUD. HAs are cautioned that the Norfolk-Virginia Beach-Newport News, resulting FMRs will not be identical for The Housing Authority of the City of VA–NC the counties surveyed; each individual Santa Barbara, CA, requested that FMRs The AHS results for two areas FMR area will have a separate FMR be increased or that the FMR area be indicate a decrease in FMRs, which will based on its relationship to the split into two parts. In response to be proposed for the 2001 FMRs. They combined rent of the group of FMR earlier comments, in December 1998 are: areas. HUD conducted an RDD survey of the Washington, DC–MD–VA HAs that plan to use the RDD survey entire metropolitan area. The results Providence-Fall River-Warwick, RI–MA technique may obtain a copy of the were similar to the FMR then in effect. appropriate survey guide by calling FMR Area Definition Changes In addition, the survey found that the HUD USER on 1–800–245–2691. Larger differential between the southern part This notice includes FMRs for two HAs should request ‘‘Random Digit (mainly the City of Santa Barbara) and new metropolitan FMR areas based on Dialing Surveys; A Guide to Assist the rest of the FMR area was within the new metropolitan statistical area Larger Housing Agencies in Preparing limits of the FMR geographic exception definitions made effective by OMB on Fair Market Rent Comments.’’ Smaller range. HUD also received a comment June 30, 1999. They are the Corvallis, HAs should obtain ‘‘Rental Housing from the Santa Barbara County housing Oregon FMR area, which consists of Surveys; A Guide to Assist Smaller authority explaining that it was having Benton County, and Auburn-Opelika, Housing Agencies in Preparing Fair no problems running the program under Alabama, which consists of Lee County. Market Rent Comments.’’ These guides the current FMR, and did not support a are also available on the Internet at Manufactured Home Space Surveys request to split the FMR area into two http://www.huduser.org/datasets/ parts. For these reasons, the FMR for FMRs for the rental of manufactured fmr.html. Santa Barbara is being adjusted with the home spaces in the Section 8 Existing HUD prefers, but does not mandate, normal update factor. certificate and voucher program and the the use of RDD telephone surveys, or the Areas with FMR increase by normal new merged tenant-based certificate and more traditional method described in update factor: voucher program are 30 percent of the the small HA survey guide. Other Oakland, CA applicable Section 8 existing housing survey methodologies are acceptable as program FMR for a two-bedroom unit. long as they provide statistically Santa Barbara-Santa Maria-Lompoc, CA HUD accepts public comments reliable, unbiased estimates of the 40th HAs and other interested parties requesting modifications of these FMRs percentile gross rent. Survey samples should be aware that FMR comments where the 30 percent FMRs are thought should preferably be randomly drawn received too late for adjusting the to be inadequate. In order to be accepted from a complete list of rental units for current year’s final FMRs will be held as a basis for revising the FMRs, the FMR area. If this is not feasible, the for use in the following year. In such comments must contain statistically selected sample must be drawn so as to cases HUD will trend the survey results valid survey data that show the 40th be statistically representative of the to the date of the FMR estimate. If the percentile space rent (excluding the cost entire rental housing stock of the FMR HA is concerned that rents are changing of utilities) for the entire FMR area. area. In particular, surveys must include rapidly, surveys should be timed to be Manufactured home space FMR units of all rent levels and be received as close as possible to HUD’s revisions are published as final FMRs in representative by structure type deadline for public comments. Schedule D. Once approved, the revised (including single-family, duplex and manufactured home space FMRs other small rental properties), age of AHS and RDD Surveys establish new base year estimates that housing unit, and geographic location. This notice makes effective the FMRs are updated annually using the same The decennial Census should be used as for 3 areas proposed with reductions data used to update the other FMRs. a starting point and means of verification for determining whether the based on recent RDD surveys and about HUD Rental Housing Survey Guides which no comments were received: sample is representative of the FMR HUD recommends the use of area’s rental housing stock. All survey Modesto, CA professionally-conducted RDD results must be fully documented. Middlesex-Somerset-Hunterdon, NJ telephone surveys to test the accuracy of The cost of an RDD survey may vary, Allentown-Bethlehem-Easton, PA FMRs for areas where there is a depending on the characteristics of the 53452 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations telephone system used in the FMR area. Dated: September 17, 1999. combining the Census data for the RDDs (and simplified telephone Andrew M. Cuomo, nonmetropolitan counties with the data surveys) of some non-metropolitan areas Secretary. for the independent cities that are have been unusually expensive because located within the county borders. Fair Market Rents for the Section 8 Because of space limitations, the FMR of telephone system characteristics. An Housing Assistance Payments Program HA or contractor that cannot obtain the listing in Schedule B includes only the recommended number of sample Schedules B and D—General name of the nonmetropolitan County. responses after reasonable efforts should Explanatory Notes The full definitions of these areas, including the independent cities, are as consult with HUD before abandoning its 1. Geographic Coverage survey; in such situations HUD is follows: a. Metropolitan Areas—FMRs are prepared to relax normal sample size housing market-wide rent estimates that requirements. VIRGINIA NONMETROPOLITAN COUNTY are intended to provide housing FMR AREA AND INDEPENDENT CIT- Other Matters opportunities throughout the geographic IES INCLUDED WITH COUNTY area in which rental housing units are Environmental Impact in direct competition. The FMRs shown County Cities A Finding of No Significant Impact in Schedule B incorporate OMB’s most with respect to the environment as current definitions of metropolitan Allegheny ...... Clifton Forge and Covington areas, with the exceptions discussed in required by the National Environmental Augusta ...... Staunton and Waynesboro paragraph (b). HUD uses the OMB Policy Act (42 U.S.C. 4321–4374) is Carroll ...... Galax Metropolitan Statistical Area (MSA) and unnecessary, since the Section 8 Rental Frederick ...... Winchester Primary Metropolitan Statistical Area Greensville ...... Emporia Certificate Program is categorically (PMSA) definitions for FMR areas Henry ...... Martinsville excluded from the Department’s because they closely correspond to Montgomery .... Radford National Environmental Policy Act housing market area definitions. Rockbridge ...... Buena Vista and Lexington procedures under 24 CFR 50.20(d). b. Exceptions to OMB Definitions— Rockingham .... Harrisonburg Regulatory Flexibility Act The exceptions are counties deleted Southhampton Franklin from several large metropolitan areas Wise ...... Norton The undersigned, in accordance with whose revised OMB metropolitan area the Regulatory Flexibility Act (5 U.S.C. definitions were determined by HUD to 2. Bedroom Size Adjustments 605(b)), hereby certifies that this notice be larger than the housing market areas. does not have a significant economic The FMRs for the following counties Schedule B shows the FMRs for 0- impact on a substantial number of small (shown by the metropolitan area) are bedroom through 4-bedroom units. The entities, because FMRs do not change calculated separately and are shown in FMRs for unit sizes larger than 4 the rent from that which would be Schedule B within their respective bedrooms are calculated by adding 15 charged if the unit were not in the States under the ‘‘Metropolitan FMR percent to the 4-bedroom FMR for each Section 8 Program. Areas’’ listing: extra bedroom. For example, the FMR for a 5-bedroom unit is 1.15 times the Metropolitan Area and Counties Federalism Impact 4-bedroom FMR, and the FMR for a 6- Deleted bedroom unit is 1.30 times the 4 The General Counsel, as the Chicago, IL bedroom FMR. FMRs for single-room- Designated Official under section 6(a) of DeKalb, Grundy and Kendall Counties occupancy (SRO) units are 0.75 times Executive Order 12611, Federalism, has Cincinnati-Hamilton, OH–KY–IN the 0 bedroom FMR. determined that this notice will not Brown County, Ohio; Gallatin, Grant involve the preemption of State law by and Pendleton Counties in 3. FMRs for Manufactured Home Spaces Federal statute or regulation and does Kentucky; and Ohio County, Indiana FMRs for Section 8 manufactured not have Federalism implications. The home spaces in the Section 8 Existing Fair Market Rent schedules do not have Dallas, TX Henderson County certificate and voucher program and the any substantial direct impact on States, new merged tenant-based certificate and on the relationship between the Federal Flagstaff, AZ–UT Kane County, UT voucher program are 30 percent of the government and the States, or on the New Orleans, LA two-bedroom Section 8 existing housing distribution of power and responsibility St. James Parish program FMRs, with the exception of among the various levels of government. Washington, DC–MD–VA–WV the areas listed in Schedule D whose Catalog of Federal Domestic Assistance Berkeley and Jefferson Counties in manufactured home space FMRs have been modified on the basis of public The Catalog of Federal Domestic West Virginia; and Clarke, Assistance program number is 14.156, Lower- Culpeper, King George and Warren comments. Once approved, the revised Income Housing Assistance Program (Section Counties in Virginia manufactured home space FMRs 8). c. Nonmetropolitan Area FMRs— establish new base-year estimates that FMRs also are established for are updated annually using the same Accordingly, the Fair Market Rent nonmetropolitan counties and for data used to estimate the Section 8 Schedules, which will not be codified in county equivalents in the United States, existing housing FMRs. The FMR area 24 CFR Part 888, are amended as for nonmetropolitan parts of counties in definitions used for the rental of follows: the New England states and for FMR manufactured home spaces in the areas in Puerto Rico, the Virgin Islands Section 8 Existing certificate and and the Pacific Islands. voucher program and the new merged d. Virginia Independent Cities—FMRs tenant-based certificate and voucher for the areas in Virginia shown in the program are the same as the area table below were established by definitions used for other FMRs. Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53453

4. Arrangement of FMR Areas and b. The constituent counties (and New c. Two nonmetropolitan counties are Identification of Constituent Parts England towns and cities) included in listed alphabetically on each line of the a. The FMR areas in Schedule B are each metropolitan FMR area are listed nonmetropolitan county listings. listed alphabetically by metropolitan immediately following the listings of the d. The New England towns and cities FMR area and by nonmetropolitan FMR dollar amounts. All constituent included in a nonmetropolitan part of a county within each State. The exception parts of a metropolitan FMR area that county are listed immediately following FMRs for manufactured home spaces in are in more than one State can be the county name. Schedule D are listed alphabetically by identified by consulting the listings for State. each applicable State. BILLING CODE 4210±32±P 53454 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53455 53456 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53457 53458 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53459 53460 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53461 53462 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53463 53464 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53465 53466 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53467 53468 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53469 53470 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53471 53472 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53473 53474 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53475 53476 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53477 53478 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53479 53480 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53481 53482 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53483 53484 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53485 53486 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53487 53488 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53489 53490 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53491 53492 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53493 53494 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53495 53496 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53497 53498 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53499 53500 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53501 53502 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53503 53504 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53505 53506 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 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[FR Doc. 99–25265 Filed 9–30–99; 8:45 am] BILLING CODE 4210±32±C eDt 2SP9 44 e 0 99Jt100 O000Fm001Ft41 ft41 :F\MA1C.3 fm1PsN:01OCR3 pfrm01 E:\FR\FM\A01OC0.038 Sfmt4717 Fmt4717 Frm00001 PO00000 Jkt190000 14:43Sep30, 1999 VerDate 22-SEP-99 federal register October 1,1999 Friday Coal andOilShale;FinalRule Leasing ofSolidMineralsOtherThan 43 CFRPart3500,etal. Bureau ofLandManagement Interior Department ofthe Part III 53511 53512 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations

DEPARTMENT OF THE INTERIOR of 1920 (the Act), as amended and When BLM last revised these supplemented (30 U.S.C. 181 et seq.), regulations in 1986, they were written Bureau of Land Management provides for leasing of phosphate, into separate parts covering specific potassium, gilsonite, and sodium mineral commodities. Under that 43 CFR Parts 3500, 3510, 3520, 3530, mineral deposits on public domain organization, processes such as issuing 3540, 3550, 3560, and 3570 lands. The Act also allows sulphur to be exploration licenses and mineral leases [WO±320±1330±01±24 A] leased from public lands in Louisiana were addressed in a similar or identical and New Mexico. The Act authorizes manner under each commodity section. RIN 1004±AC49 the Secretary of the Interior (Secretary) This was designed to allow parties Leasing of Solid Minerals Other Than to grant to any qualified applicant a interested in each commodity to look in Coal and Oil Shale permit or lease for certain deposits of only one part of the regulations to find minerals on lands owned by the United the provisions relating to their AGENCY: Bureau of Land Management, States. Reorganization Plan No. 3 of commodity. However, not all of the Interior. 1946 (5 U.S.C. Appendix) transferred leasing or permitting regulations were ACTION: Final rule. the responsibilities of the Department of included with the commodity, and the Agriculture for hardrock mineral leasing regulations were so extensive that the SUMMARY: The Bureau of Land to the Secretary in certain areas. The complete body of solid mineral Management (BLM) is amending its Mineral Leasing Act for Acquired Lands regulations occupied about 100 pages of regulations governing leasing of solid of 1947, as amended (30 U.S.C. 351– the Code of Federal Regulations (CFR). minerals other than coal and oil shale. 359), provides for the leasing of As part of BLM’s response to the The purpose of this rule is to comply minerals from certain acquired lands, Administration’s regulatory initiatives, with President Clinton’s government- and authorizes the Secretary to establish we reviewed this extensive body of wide regulatory reform initiative to rules and regulations necessary to grant material and decided to consolidate and eliminate unnecessary regulations, and any qualified applicant a permit or lease to eliminate the repetitive language. streamline and rewrite necessary to promote mining of phosphate, BLM understands that our readers want regulations in plain English. Under the sodium, potassium, sulphur and to be able to find particular subject previous rule, each solid mineral gilsonite deposits on Federal acquired matter easily in our regulations. We commodity had its own separate lands. The National Environmental believe that the plain English approach, regulations, much of which was Policy Act of 1969 (42 U.S.C. 4321 et particularly the expanded table of repeated in each set of regulations. This seq.) (NEPA) directs Federal agencies to contents, and the overall reduction in rule now combines these solid minerals consider the environmental impacts of volume of BLM regulations, will make regulations into one set of regulations, their actions during the decision-making it easy for readers to find material that streamlined, updated and re-written in process. Finally, the Federal Land is of concern to them. plain English. The rule also clarifies the Policy and Management Act of 1976 (43 In addition to rewriting the responsibilities of interested parties. U.S.C. 1701 et seq.) (FLPMA) authorizes regulations for clarity, BLM is making EFFECTIVE DATE: November 1, 1999. the Secretary of the Interior to develop the following substantive changes to the ADDRESSES: You may send inquiries or guidelines for the administration and existing regulations: suggestions to: Director (630), Bureau of protection of the Federal lands and their 1. We are eliminating the requirement Land Management, 1849 C Street, NW., resources under BLM jurisdiction. to re-describe the lands in an Washington, DC 20240. Other authorities which address application if you have already properly FOR FURTHER INFORMATION CONTACT: programs related to specific described them and BLM has issued you Philip Allard, (202) 452–5195, or Chris commodities and lands include the a previous authorization. Thus, for Fontecchio, (202) 452–5012. following: example, you will not have to submit a (a) Certain lands added to the Shasta SUPPLEMENTARY INFORMATION: land description when you apply for a National Forest (30 U.S.C. 192c); preference right lease or for an I. Background (b) Public domain lands in National assignment if it relates to all the same II. Final Rule as Adopted Forests in Minnesota (16 U.S.C. 508(b)); lands described in the prospecting III. Responses to Comments (c) Gold, silver, or quicksilver in permit or original lease. We will still IV. Procedural Matters confirmed private land grants (30 U.S.C. require land descriptions for 291–293); I. Background assignments of parts of the land (d) Reserved minerals in lands described in the original prospecting On March 4, 1995, President Clinton patented to the State of California for permit or lease, and applicants will still issued a memorandum to all Federal parks or other purposes (47 Stat. 1487, need to identify the permit or lease by Departments and Agencies directing as amended); them to simplify their regulations. In (e) National Park Service areas— serial number. response, BLM analyzed 43 CFR part (i) Lake Mead National Recreation 2. We have increased the State acreage 3500 through 43 CFR part 3570 to Area (16 U.S.C. 460n et seq.); limitation for potassium leases. Current determine whether the regulations were (ii) Whiskeytown Unit of the 43 CFR 3530.3 specifies that there is a current and written in clear and Whiskeytown-Shasta-Trinity National per-State acreage limitation of 51,200 understandable terms. As a result, BLM Recreation Area (16 U.S.C. 460q et seq.); acres for holders of potassium leases or decided that we could reorganize the (iii) Glen Canyon National Recreation permits. BLM is increasing this regulations to achieve significant Area (16 U.S.C. 460dd et seq.); limitation to 96,000 acres. As the potash reductions in length while greatly (f) Shasta-Trinity Units of the industry has matured, several mining improving the clarity of the document. Whiskeytown-Shasta Trinity National operations are consolidating. BLM BLM bases its regulatory program Recreation Area (16 U.S.C. 460q et seq.); believes that increasing the State relating to solid minerals on several and acreage limitation will enhance different statutes which give us the (g) White Mountains National development of Federal reserves and authority to regulate mineral leasing on Recreation Area (16 U.S.C. 460mm–2 help achieve the statutory goal of Federal lands. The Mineral Leasing Act through 460mm–4). ultimate maximum recovery.

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3. We will now require you to submit describes the information you must New 3500 Old 3500 three maps, instead of one, with your provide to us to prove that you have preference right lease application. This found a valuable deposit, says that we 3522.8±2 is consistent with other provisions in may request supplemental data to 3531.1 these regulations and with BLM’s need determine, among other things, mining 3532.8±2 for maps during our review of these and processing costs and the 3532.9±3 3541.1 applications. While it is easy for BLM to profitability of mineral development. 3542.8±2 make copies of most application 9. BLM is modifying the requirements 3551.1 material, it is often difficult to duplicate for applicants to disclose the identity 3552.8±2 maps. Obtaining additional maps from and citizenship of major stockholders to 3552.9±3 you will speed up our review. add the disclosure of the percentage of 3561.1 4. We state that we will not approve their stock holdings. This change would 3562.8±2 assignments of leases or issue or renew help us enforce acreage limitations 3562.9±3 leases under these regulations to coal against those stockholders. The rule also 3571.1 lessees and assignees who are not in eliminates a requirement found in the 3501.30 ...... 3500.4 compliance with the diligence 3502.10 ...... 3502.1 current rules to submit such information 3502.13 ...... 3502.1(b) requirements for coal leases found in on the basis of foreign residency. This 3502.15 ...... 3500.3 section 2(a)2(A) of the Act (30 U.S.C. information is not needed to enforce any 3502.1(c) 201). This provision incorporates statutory limitations. 3502.20 ...... 3502.1(d) current BLM practice into regulations, 10. This rule clarifies that we can 3502.25 ...... 3502.2±1 thus it will not have any significant issue noncompetitive fringe acre leases 3502.26 ...... 3502.2±1 impact on the industry. to extract sodium chloride to persons 3502.27 ...... 3502.2±2 5. These regulations add a provision producing calcium chloride from an 3502.28 ...... 3502.2±3 at 43 CFR 3502.42 specifying that we existing mine, under an authorization 3502.29 ...... 3502.2±3 will allow unqualified heirs to own a 3502.30 ...... 3502.2±4 issued under 43 CFR part 3800 for 3502.33 ...... 3502.2±6 lease or permit for two years. During locatable minerals. This addresses an 3502.34 ...... 3502.3 this time they can either become issue restricted to a limited geographic 3502.40 ...... 3502.2±5(a) qualified or divest the interest. area in California, where these two 3502.41 ...... 3502.2±5(b) 6. This final rule eliminates minerals are commingled. 3502.42 ...... New provisions authorizing future interest 3503.10 ...... New prospecting permits. BLM has rarely II. Final Rule as Adopted 3503.11 ...... 3500.8 been called upon to issue such permits, The most significant change in these 3503.12 ...... 3542.1 since the current mineral interest holder regulations is that they are reorganized 3503.13 ...... 3560.3±1 3560.3±2 can explore for minerals without a BLM from several mineral-specific sections permit until the mineral interest vests to 3560.3±3 into sections based on the type of 3560.3±4 the United States. If the mineral holder authorization. Since the proposed rule 3562.1 does demonstrate the existence of a we have made slight changes to the 3503.14 ...... 3570.2 valuable deposit of minerals before title organization, moving sections to put 3503.15 ...... New, also in transfers, we can issue future interest them in more logical sequences and 3581 leases to the present interest holder for groupings. Although the table of 3503.16 ...... New, also in these minerals. We also added a contents in the proposed rule divided 3586 provision to allow competitive bidding section headers, in the form of 3503.20 ...... 3500.9±1 3507.4 for future interest leases if there is more questions, by subparts, we added than one qualified present interest 3516.4 subheadings in the final rule to help you 3523.2±2 holder. find what you need more easily. We 3525.2 7. This rule clarifies that leases made this change because some of the 3526.4 exchanged must be of equal, rather than subparts contain many sections, and the 3533.2±2 comparable, value. This change long list of questions made it difficult 3535.2 implements the provisions of the for readers to find what they need. 3536.4 Federal Land Exchange Facilitation Act Using the subheadings, you can narrow 3543.2±2 3545.2 of 1988 (Pub. L. 100–409), which down your search for the regulatory amended section 206 of FLPMA (43 3546.4 section you need more quickly. 3553.2±2 U.S.C. 1716). The same Act also The following cross-reference chart provided the government and any 3555.2 lists every section of the final rule and 3556.4 applicant greater flexibility than did its origin in the existing rule. It also 3564.2 previous requirements for making shows the existing part 3500 and shows 3564.4 exchanges equal. We are incorporating where it has been moved to in this final 3574.2 this provision into the regulations at 43 rule. 3575.4 CFR 3515.22. Section 3515.12 states that 3503.21 ...... 3500.9±2 the exchange-specific provisions of 43 New 3500 Old 3500 3503.25 ...... 3500.9±3 CFR part 2200 apply. 3503.28 ...... 3511.7 8. This rule clarifies the definition of 3501.1 ...... New 3521.6 the term ‘‘valuable deposit.’’ The 3501.5 ...... 3500.0±5 3541.6 3512.8±4 current definition at 43 CFR 3500.0–5 is 3501.10 ...... New 3501.16 ...... 3500.6 3521.5 circular because it uses the phrase 3501.17 ...... 3500.7 3522.8±4 ‘‘valuable mine’’ in describing the term 3501.20 ...... 3511.1 3531.6 ‘‘valuable deposit.’’ The new rule 3512.9±2 3532.8±4 changes ‘‘valuable mine’’ to ‘‘profitable 3512.9±3 3541.5 mine.’’ Accordingly, § 3507.18, which 3521.1 3542.8±4

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3551.6 3504.20 ...... 3511.2±2 3532.3±1(c) 3552.8±4 3521.2±2 3542.3±1(c) 3561.5 3531.2±2 3552.3±1(c) 3562.8±4 3541.2±2 3562.3±1(c) 3571.5 3551.2±2 3505.25 ...... 3512.4 3503.30 ...... 3501.1±1 3561.2±2 3512.5 3501.1±2 3571.2±2 3522.4 3503.31 ...... 3501.1±1(c) 3504.21 ...... 3503.2±1 3522.5 3501.1±3 3511.2±2 3532.4 3503.32 ...... 3501.1±2(b) 3521.2±2 3542.5 3503.33 ...... 3501.1±1(a) 3531.2±2 3542.4 3501.1±2(a) 3541.2±2 3552.4 3503.36 ...... 3501.1±1(d) 3551.2±2 3552.5 3503.37 ...... 3510.3 3561.2±2 3562.4 3520.3 3571.2±2 3562.5 3530.3 3504.22 ...... 3503.2±1 3505.30 ...... 3512.5 3540.3 3504.25 ...... 3503.2±2 3522.5 3550.3 3504.26 ...... 3503.2±3 3532.5 3560.4 3504.50 ...... 3504.1±1 3542.5 3570.4 3504.1±4 3552.5 3503.38 ...... 3501.2 3511.6 3562.5 3503.40 ...... 3500.5(a) 3512.7 3505.31 ...... 3512.6 3503.41 ...... 3500.5(b) 3521.4 3522.6 3504.11 ...... 3503.1±1 3522.7 3532.6 3504.12 ...... 3503.1±2 3528.2 3542.6 3504.12(a)(1) ...... 3506.2 3531.5 3552.6 3507.5 3532.7 3562.6 3512.3±1(c) 3541.4 3505.40 ...... 3512.3±3 3516.3(b) 3542.7 3512.7 3517.1±1 3547.2 3522.3±3 3522.3±1(c) 3551.5 3522.7 3525.3±1(c) 3552.7 3532.3±3 3526.3(b) 3561.4 3532.7 3527.1±1 3566.2 3542.3±3 3528.1 3562.7 3542.7 3532.3±1(c) 3571.4 3552.3±3 3536.3(b) 3576.2 3552.7 3542.3±1(c) 3504.51 ...... 3504.1±2 3562.3±3 3546.3(b) 3504.55 ...... 3504.1±3 3562.7 3547.1 3504.56 ...... 3504.1±5 3505.45 ...... 3512.3±3 3552.3±1(c) 3504.60 ...... 3504.1±6 3522.3±3 3556.3(b) 3504.65 ...... 3504.2(a) 3532.3±3 3562.3±1(c) 3504.66 ...... 3504.2(b) 3542.3±3 3565.3(b) 3504.70 ...... 3504.3 3552.3±3 3575.3(b) 3504.71 ...... 3504.3 3562.3±3 3576.1 3505.10 ...... 3507.1 3505.50 ...... 3512.3±4 3504.15 ...... 3511.2±1(a) 3512.2 3512.8±1 3511.2±1(c) 3522.2 3522.3±4 3512.8±3 3532.2 3522.8±1 3521.2±1(a) 3542.2 3532.3±4 3522.8±3 3552.2 3532.8±4 3531.2±1(a) 3560.5 3542.3±4 3532.8±3 3562.2 3542.8±1 3541.2±1(a) 3505.12 ...... 3560.7 3552.3±4 3542.8±3 3505.12 ...... 3512.3±1 3552.8±1 3551.2±1(a) 3522.3±1 3562.3±4 3552.8±3 3532.3±1 3562.8±1 3561.2±1(a) 3542.3±1 3505.51 ...... 3512.3±4 3562.8±3 3552.3±1 3522.3±4 3571.2±1(a) 3562.3±1 3532.3±4 3504.16 ...... 3511.2±1(a) 3505.13 ...... 3512.3±2 3542.3±4 3521.2±1(a) 3522.3±2 3552.3±4 3531.2±1(a) 3532.3±2 3562.3±4 3541.2±1(a) 3542.3±2 3505.55 ...... 3512.8 3551.2±1(a) 3552.3±2 3512.8±3 3561.2±1(a) 3562.3±2 3522.8 3571.2±1(a) 3505.15 ...... 3512.3±2(c) 3522.8±3 3504.17 ...... 3511.2±1(b) 3522.3±2(c) 3532.8 3521.2±1(b) 3532.3±2(c) 3532.8±3 3531.2±1(b) 3542.3±2(c) 3542.8 3541.2±1(b) 3552.3±2(c) 3542.8±3 3551.2±1(b) 3562.3±2(c) 3552.8 3561.2±1(b) 3505.20 ...... 3512.3±1(c) 3552.8±3 3571.2±1(b) 3522.3±1(c) 3562.8

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3562.8±3 3554.4±4 3525.3±1 3505.60 ...... 3512.8±1 3506.20 ...... 3514.6 3535.3±1 3522.8±1 3524.6 3545.3±1 3532.8±1 3534.6 3555.3±1 3542.8±1 3544.6 3564.3±1 3552.8±1 3554.6 3574.3±1 3562.8±1 3506.25 ...... 3514.5 3508.12(c) ...... 3515.5 3505.61 ...... 3512.9±1 3524.5 3525.5 3532.9±1 3534.5 3535.5 3552.9±1 3544.5 3545.5 3562.9±1 3554.5 3555.5 3505.62 ...... 3512.9±1 3507.11 ...... 3513.3 3564.5 3532.9±1 3523.3 3574.5 3552.9±1 3533.3 3508.14 ...... 3515.3±1 3562.9±1 3543.3 3525.3±1 3505.64 ...... 3512.9±2(a) 3553.3 3535.3±1 3532.9±2(a) 3563.3 3545.3±1 3552.9±2(a) 3507.15 ...... 3513.1±1 3555.3±1 3562.9±2(a) 3523.1±1 3564.3±1 3505.65 ...... 3512.9±2(b) 3533.1±1 3574.3±1 3532.9±2(b) 3543.1±1 3508.15 ...... 3515.3±2 3552.9±2(b) 3553.1±1 3525.3±2 3562.9±2(b) 3563.1±1 3535.3±2 3505.66 ...... 3512.9±3 3507.16 ...... 3513.1±1(c) 3545.3±2 3532.9±3 3523.1±1(c) 3555.3±2 3552.9±3 3533.1±1(c) 3564.3±2 3562.9±3 3543.1±1(c) 3574.3±2 3505.70 ...... 3509.1±1 3553.1±1(c) 3508.16 ...... 3515.3±3 3505.75 ...... 3509.2 3563.1±1(b) 3525.3±3 3505.80 ...... 3509.3±1 3507.17 ...... 3513.1±2 3535.3±3 3505.85 ...... 3509.4±1 3523.1±2 3545.3±3 3506.10 ...... 3514.1 3533.1±2 3555.3±3 3524.1 3543.1±2 3564.3±3 3534.1 3553.1±2 3574.3±3 3544.1 3563.1±2 3508.20 ...... 3515.4 3554.1 3507.18 ...... 3513.2±1 3525.4 3506.11 ...... 3514.2 3523.2±1 3535.4 3514.3 3533.2±1 3545.4 3524.2 3543.2±1 3555.4 3524.3 3553.2±1 3564.4 3534.2 3563.2±1 3574.4 3534.3 3507.19 ...... 3513.4 3508.21 ...... 3515.5 3544.2 3523.4 3525.5 3544.3 3533.4 3535.5 3554.2 3543.4 3545.5 3554.3 3553.4 3555.5 3506.12 ...... 3514.4 3563.4 3564.5 3514.4±2 3507.20 ...... 3513.4(b) 3574.5 3524.4 3513.4(c) 3508.22 ...... 3515.6 3524.4±2 3523.4(b) 3525.6 3534.4 3523.4(c) 3535.6 3534.4±2 3533.4(b) 3545.6 3544.4 3533.4(c) 3555.6 3544.4±2 3543.4(b) 3564.6 3554.4 3543.4(c) 3574.6 3554.4±2 3553.4(b) 3509.10 ...... 3507.1±2 3512.1 3553.4(c) 3509.11 ...... 3507.1±2 3522.1 3563.4(b) 3509.12 ...... 3507.7±2 3532.1 3563.4(c) 3509.12 ...... 3507.6 3552.1 3508.11 ...... 3515.1 3509.15 ...... 3507.1±2(b) 3506.13 ...... 3514.4±1 3525.1 3509.16 ...... 3507.2 3524.4±1 3535.1 3507.5 3534.4±1 3545.1 3507.9 3544.4±1 3555.1 3509.17 ...... 3507.2 3554.4±1 3564.1 3507.7±2 3506.14 ...... 3514.4±3 3574.1 3509.18 ...... New 3524.4±3 3508.12(a) ...... 3515.1 3509.20 ...... 3507.8 3534.4±3 3525.1 3509.25 ...... 3507.9 3544.4±3 3535.1 3509.30 ...... New 3554.4±3 3545.1 3509.40 ...... 3507.1±1 3506.15 ...... 3514.4±4 3555.1 3509.41 ...... 3507.1±1 3524.4±4 3564.1 3507.1±2(a) 3534.4±4 3574.1 3509.45 ...... 3507.6 3544.4±4 3508.12(b) ...... 3515.3±1 3507.7±1

VerDate 22-SEP-99 14:43 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\A01OC0.040 pfrm01 PsN: 01OCR3 53516 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations

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3509.46 ...... 3507.2 3561.3 3515.23 ...... 3508.2(e) 3507.5 3571.3 3515.25 ...... 3508.2(f) 3509.47 ...... 3507.6 3511.25 ...... 3511.4(a) 3515.26 ...... 3508.3(a) 3507.7±1 3528 3515.27 ...... 3508.3(b) 3507.7±2 3531.4(a) 3516.10 ...... 3517.1 3509.48 ...... New 3547 3527.1 3509.49 ...... 3507.3 3551.4(a) 3516.11 ...... New 3509.50 ...... 3507.9(b) 3566 3516.12 ...... 3517.1 3509.51 ...... New 3576 3527.1 3510.11 ...... 3516.1 3511.25(b) ...... 3528.3 3516.15 ...... 3517.1±1 3516.2(a) 3547.3 3527.1±1 3526.1 3566.1 3516.16 ...... 3517.1±3 3526.2(a) 3566.3 3527.1±3 3536.1 3576.3 3516.20 ...... 3517.1±2(a) 3536.2(a) 3511.26 ...... 3511.4(b) 3527.1±2(a) 3546.1 3531.4(b) 3516.30 ...... 3517.1±2(b) 3546.2(a) 3551.4(b) 3527.1±2(b) 3556.1 3511.27 ...... 3528.3 3517.10 ...... 3567.1 3556.2(a) 3547.3 3517.11 ...... 3567.2 3565.1 3566.1 3517.15 ...... 3567.3 3565.2(a) 3576.3 3517.16 ...... 3567.4 3575.1 3511.28 ...... New Unnumbered ...... 3500.0±3 3575.2(a) 3511.30 ...... 3511.4(c) Deleted ...... 3500.1 3510.12 ...... 3516.3 3531.4(c) Deleted ...... 3500.2 3526.3 3551.4(c) Deleted ...... 3500.4 3536.3 3512.11 ...... 3506.1 Deleted ...... 3510.0±3 3546.3 3512.12 ...... 3506.2 Deleted ...... 3510.1 3556.3 3512.13 ...... 3506.1±3 Deleted ...... 3510.2±1 3565.3 3512.16 ...... 3506.1±3 Deleted ...... 3510.2±2 3575.3 3512.17 ...... 3506.3±2 Deleted ...... 3511.8 3510.15 ...... 3516.2 3512.18 ...... 3506.4 Deleted ...... 3512.8±2 3516.2(b) 3506.5±1 Deleted ...... 3513.2±2 3526.2 3512.19 ...... 3506.3±3 Deleted ...... 3514.0±3 3526.2(b) 3512.25 ...... 3506.5±2 Deleted ...... 3517.2 3536.2 3506.6 Deleted ...... 3520.0±3 3536.2(b) 3512.30 ...... 3506.5±2 Deleted ...... 3520.1 3546.2 3512.33 ...... 3506.5±2 Deleted ...... 3520.2±1 3546.2(b) 3506.7 Deleted ...... 3520.2±2 3556.2 3513.11 ...... 3503.2±4(a) Deleted ...... 3524.0±3 3556.2(b) 3513.12 ...... 3503.2±4(a) Deleted ...... 3527.2 3565.2 3513.15 ...... 3503.2±4(b) Deleted ...... 3528.4 3565.2(b) 3513.20 ...... 3503.3±1 Deleted ...... 3530.0±3 3575.2 3513.21 ...... 3503.3±1(c) Deleted ...... 3530.1 3575.2(b) 3503.3±1(d) 3510.20 ...... 3516.3(a) 3503.3±1(e) 3516.5 3513.22 ...... 3503.3±1(b) Old 3500 New 3500 3526.3(a) 3513.25 ...... 3503.3±1(d) 3526.5 3513.26 ...... 3503.3±1(d) 3500.0±3 ...... Unnumbered 3536.3(a) 3513.30 ...... 3503.3±2(a) 3500.0±5 ...... 3501.5 3536.5 3513.31 ...... 3503.3±2(c) 3500.1 ...... Deleted 3546.3(a) 3503.3±2(d) 3500.2 ...... Deleted 3546.5 3503.3±2(e) 3500.3 ...... 3502.15 3556.3(a) 3513.32 ...... 3503.3±2(b) 3500.4 ...... 3501.30 3556.5 3513.33 ...... 3503.3±2(d) 3500.5(a) ...... 3503.40 3565.3(a) 3513.34 ...... 3503.3±2(d) 3500.5(b) ...... 3503.41 3565.5 3514.11 ...... 3509.1±2 3500.6 ...... 3501.16 3575.3(a) 3514.12 ...... 3509.1±2 3500.7 ...... 3501.17 3575.5 3514.15 ...... 3509.1±2 3500.8 ...... 3503.11 3510.21 ...... 3516.6 3514.20 ...... 3509.1±2 3500.9±1 ...... 3503.20 3526.6 3514.21 ...... 3509.1±2 3500.9±2 ...... 3503.21 3536.6 3514.25 ...... 3509.3±2 3500.9±3 ...... 3503.25 3546.6 3514.30 ...... 3509.4±2 3501.1±1 ...... 3503.30 3556.6 3514.31 ...... 3509.4±2 3501.1±1(a) ...... 3503.33 3565.6 3514.32 ...... 3509.4±2 3501.1±1(d) ...... 3503.36 3575.6 3514.50 ...... 3509.4±3 3501.1±1(c) ...... 3503.31 3511.10 ...... 3511.5 3515 ...... 3508.1 3501.1±2 ...... 3503.30 3521.1 3515.10 ...... 3508.0±1 3501.1±2(a) ...... 3503.33 3531.1 3515.12 ...... 3508.0±7 3501.1±2(b) ...... 3503.32 3511.11 ...... New 3515.15 ...... 3508.0±1 3501.1±3 ...... 3503.31 3511.15 ...... 3511.3 3515.18 ...... 3508.1(a) 3501.2 ...... 3503.38 3521.3 3508.2(a) 3502.1 ...... 3502.10 3531.3 3515.20 ...... 3508.0±1 3502.1(b) ...... 3502.13 3541.3 3515.21 ...... 3508.0±1 3502.1(c) ...... 3502.15 3551.3 3515.22 ...... New 3502.1(d) ...... 3502.20

VerDate 22-SEP-99 14:43 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\A01OC0.040 pfrm01 PsN: 01OCR3 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53517

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3502.2±1 ...... 3502.25 3509.47 3512.8 ...... 3505.55 3502.26 3507.7±1 ...... 3509.45 3512.8±1 ...... 3505.50 3502.2±2 ...... 3502.27 3509.47 3505.60 3502.2±3 ...... 3502.28 3507.7±2 ...... 3509.17 3512.8±2 ...... Deleted 3502.29 3509.47 3512.8±3 ...... 3504.15 3502.2±4 ...... 3502.30 3507.8 ...... 3509.20 3505.55 3502.2±5(a) ...... 3502.40 3507.9 ...... 3509.16 3512.8±4 ...... 3503.28 3502.2±5(b) ...... 3502.41 3509.25 3512.9±1 ...... 3505.61 3502.2±6 ...... 3502.33 3507.9(b) ...... 3509.50 3505.62 3502.3 ...... 3502.34 3508.0±1 ...... 3515.10 3512.9±2 ...... 3501.20 3503.1±1 ...... 3504.11 3515.15 3512.9±2(a) ...... 3505.64 3503.1±2 ...... 3504.12 3515.20 3512.9±2(b) ...... 3505.65 3503.2±1 ...... 3504.21 3515.21 3512.9±3 ...... 3501.20 3504.22 3508.0±7 ...... 3515.12 3505.66 3503.2±2 ...... 3504.25 3508.1 ...... 3515 3513.1±1 ...... 3507.15 3503.2±3 ...... 3504.26 3508.1(a) ...... 3515.18 3513.1±1(c) ...... 3507.16 3503.2±4(a) ...... 3513.11 3508.2(a) ...... 3515.18 3513.1±2 ...... 3507.17 3513.12 3508.2(e) ...... 3515.23 3513.2±1 ...... 3507.18 3503.2±4(b) ...... 3513.15 3508.2(f) ...... 3515.25 3513.2±2 ...... Deleted 3503.3±1 ...... 3513.20 3508.3(a) ...... 3515.26 3513.3 ...... 3507.11 3503.3±1(b) ...... 3513.22 3508.3(b) ...... 3515.27 3513.4 ...... 3507.19 3503.3±1(c) ...... 3513.21 3509.1±1 ...... 3505.70 3513.4(b) ...... 3507.20 3503.3±1(d) ...... 3513.21 3509.1±2 ...... 3514.11 3513.4(c) ...... 3507.20 3513.25 3514.12 3514.0±3 ...... Deleted 3513.26 3514.15 3514.1 ...... 3506.10 3503.3±1(e) ...... 3513.21 3514.20 3514.2 ...... 3506.11 3503.3±2(a) ...... 3513.30 3514.21 3514.3 ...... 3506.11 3503.3±2(b) ...... 3513.32 3509.2 ...... 3505.75 3514.4 ...... 3506.12 3503.3±2(c) ...... 3513.31 3509.3±1 ...... 3505.80 3514.4±1 ...... 3506.13 3503.3±2(d) ...... 3513.31 3509.3±2 ...... 3514.25 3514.4±2 ...... 3506.12 3513.33 3509.4±1 ...... 3505.85 3514.4±3 ...... 3506.14 3513.34 3514.31 3514.4±4 ...... 3506.15 3503.3±2(e) ...... 3513.31 3514.32 3514.5 ...... 3506.25 3504.1±1 ...... 3504.50 3509.4±2 ...... 3514.30 3514.6 ...... 3506.20 3504.1±2 ...... 3504.51 3514.31 3515.1 ...... 3508.11 3504.1±3 ...... 3504.55 3514.32 3508.12(a) 3504.1±4 ...... 3504.50 3509.4±3 ...... 3514.50 3515.3±1 ...... 3508.12(b) 3504.1±5 ...... 3504.56 3510.0±3 ...... Deleted 3508.14 3504.1±6 ...... 3504.60 3510.1 ...... Deleted 3515.3±2 ...... 3508.15 3504.2(a) ...... 3504.65 3510.2±1 ...... Deleted 3515.3±3 ...... 3508.16 3504.2(b) ...... 3504.66 3510.2±2 ...... Deleted 3515.4 ...... 3508.20 3504.3 ...... 3504.70 3510.3 ...... 3503.37 3515.5 ...... 3508.12(c) 3504.71 3511.1 ...... 3501.20 3508.21 3506.1 ...... 3512.11 3511.2±1(a) ...... 3504.15 3515.6 ...... 3508.22 3506.2 ...... 3504.12(a)(1) 3504.16 3516.1 ...... 3510.11 3512.12 3511.2±1(b) ...... 3504.17 3516.2 ...... 3510.15 3506.3±1 ...... 3512.13 3511.2±1(c) ...... 3504.15 3516.2(a) ...... 3510.11 3512.16 3511.2±2 ...... 3504.20 3516.2(b) ...... 3510.15 3506.3±2 ...... 3512.17 3504.21 3516.3 ...... 3510.12 3506.3±3 ...... 3512.19 3511.3 ...... 3511.15 3516.3(a) ...... 3510.20 3506.4 ...... 3512.18 3511.4(a) ...... 3511.25 3516.3(b) ...... 3504.12(a)(1) 3506.5±1 ...... 3512.18 3511.4(b) ...... 3511.26 3516.4 ...... 3503.20 3506.5±2 ...... 3512.25 3511.4(c) ...... 3511.30 3516.5 ...... 3510.20 3512.30 3511.5 ...... 3511.10 3516.6 ...... 3510.21 3512.33 3511.6 ...... 3504.50 3517.1 ...... 3516.10 3506.6 ...... 3512.25 3511.7 ...... 3503.28 3516.12 3506.7 ...... 3512.33 3511.8 ...... Deleted 3517.1±1 ...... 3504.12(a)(1) 3507.1 ...... 3505.10 3512.1 ...... 3508.11 3516.15 3507.1±1 ...... 3509.40 3512.2 ...... 3505.10 3517.2 ...... Deleted 3509.41 3512.3±1 ...... 3505.12 3517.1±2(a) ...... 3516.20 3507.1±2 ...... 3509.10 3512.3±1(c) ...... 3504.12(a)(1) 3517.1±2(b) ...... 3516.30 3509.11 3505.20 3517.1±3 ...... 3516.16 3507.1±2(a) ...... 3509.41 3512.3±2 ...... 3505.13 3520.0±3 ...... Deleted 3507.1±2(b) ...... 3509.15 3512.3±2(c) ...... 3505.15 3520.1 ...... Deleted 3507.2 ...... 3509.16 3512.3±3 ...... 3505.40 3520.2±1 ...... Deleted 3509.17 3505.45 3520.2±2 ...... Deleted 3509.46 3512.3±4 ...... 3505.50 3520.3 ...... 3503.37 3507.3 ...... 3509.49 3505.51 3521.1 ...... 3501.20 3507.4 ...... 3503.20 3512.4 ...... 3505.25 3511.10 3507.5 ...... 3504.12(a)(1) 3512.5 ...... 3505.25 3521.2±1(a) ...... 3504.15 3509.16 3505.30 3521.2±1(a) ...... 3504.16 3509.46 3512.6 ...... 3505.31 3521.2±1(b) ...... 3504.17 3507.6 ...... 3509.12 3512.7 ...... 3504.50 3521.2±2 ...... 3504.20 3509.45 3505.40 3504.21

VerDate 22-SEP-99 14:43 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\A01OC0.041 pfrm01 PsN: 01OCR3 53518 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations

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3521.3 ...... 3511.15 3527.1±2(a) ...... 3516.20 3534.4±4 ...... 3506.15 3521.4 ...... 3504.50 3527.1±2(b) ...... 3516.30 3534.5 ...... 3506.25 3521.5 ...... 3503.28 3527.1±3 ...... 3516.16 3534.6 ...... 3506.20 3521.6 ...... 3503.28 3527.2 ...... Deleted 3535.1 ...... 3508.11 3522.1 ...... 3508.11 3528 ...... 3511.25 3508.12(a) 3522.2 ...... 3505.10 3511.27 3535.2 ...... 3503.20 3522.3±1 ...... 3505.12 3528.1 ...... 3504.12(a)(1) 3535.3±1 ...... 3508.12(b) 3522.3±1(c) ...... 3504.12(a)(1) 3528.2 ...... 3504.50 3508.14 3505.20 3528.3 ...... 3511.25(b) 3535.3±2 ...... 3508.15 3522.3±2 ...... 3505.13 3528.4 ...... 3511.12 3535.3±3 ...... 3508.16 3522.3±2(c) ...... 3505.15 3530.0±3 ...... Deleted 3535.4 ...... 3508.20 3522.3±3 ...... 3505.40 3530.1 ...... Deleted 3535.5 ...... 3508.12(c) 3505.45 3530.2±1 ...... Deleted 3508.21 3522.3±4 ...... 3505.50 3530.2±2 ...... Deleted 3536.1 ...... 3510.11 3505.51 3530.3 ...... 3503.37 3536.2 ...... 3510.15 3522.4 ...... 3505.25 3531.1 ...... 3501.20 3536.4 ...... 3503.20 3522.5 ...... 3505.25 3511.10 3536.5 ...... 3510.20 3505.30 3531.2±1(a) ...... 3504.15 3535.6 ...... 3508.22 3522.6 ...... 3505.31 3504.16 3536.2(a) ...... 3510.11 3522.7 ...... 3504.50 3531.2±1(b) ...... 3504.17 3536.2(b) ...... 3510.15 3505.40 3531.2±2 ...... 3504.20 3536.3 ...... 3510.12 3522.8 ...... 3505.55 3504.21 3536.3(a) ...... 3510.20 3522.8±1 ...... 3505.50 3531.3 ...... 3511.15 3536.3(b) ...... 3504.12(a)(1) 3505.60 3531.4(a) ...... 3511.25 3536.6 ...... 3510.21 3522.8±2 ...... 3501.20 3531.4(b) ...... 3511.26 3540.0±3 ...... Deleted 3522.8±3 ...... 3504.15 3531.4(c) ...... 3511.30 3540.1 ...... Deleted 3505.55 3531.5 ...... 3504.50 3540.2±1 ...... Deleted 3522.8±4 ...... 3503.28 3531.6 ...... 3503.28 3540.2±2 ...... Deleted 3523.1±1 ...... 3507.15 3532.1 ...... 3508.11 3540.3 ...... 3503.37 3523.1±1(c) ...... 3507.16 3532.2 ...... 3505.10 3541.1 ...... 3501.20 3523.1±2 ...... 3507.17 3532.3±1 ...... 3505.12 3541.2±1(a) ...... 3504.15 3523.2±2 ...... 3503.20 3532.3±1(c) ...... 3504.12(a)(1) 3504.16 3523.2±1 ...... 3507.18 3505.20 3541.2±1(b) ...... 3504.17 3523.3 ...... 3507.11 3532.3±2 ...... 3505.13 3541.2±2 ...... 3504.20 3523.4 ...... 3507.19 3532.3±2(c) ...... 3505.15 3504.21 3523.4(b) ...... 3507.20 3532.3±3 ...... 3505.40 3541.3 ...... 3511.15 3523.4(c) ...... 3507.20 3505.45 3541.4 ...... 3504.50 3524.0±3 ...... Deleted 3532.3±4 ...... 3505.50 3541.5 ...... 3503.28 3524.1 ...... 3506.10 3505.51 3541.6 ...... 3503.28 3524.2 ...... 3506.11 3532.4 ...... 3505.25 3542.1 ...... 3503.12 3524.3 ...... 3506.11 3532.5 ...... 3505.30 3542.2 ...... 3505.10 3524.4 ...... 3506.12 3532.6 ...... 3505.31 3542.3±1 ...... 3505.12 3524.4±1 ...... 3506.13 3532.7 ...... 3504.50 3542.3±1(c) ...... 3504.12(a)(1) 3524.4±2 ...... 3506.12 3505.40 3505.20 3524.4±3 ...... 3506.14 3532.8 ...... 3505.55 3542.3±2 ...... 3505.13 3524.4±4 ...... 3506.15 3532.8±1 ...... 3505.60 3542.3±2(c) ...... 3505.15 3524.5 ...... 3506.25 3532.8±2 ...... 3501.20 3542.3±3 ...... 3505.40 3524.6 ...... 3506.20 3532.8±3 ...... 3504.15 3505.45 3525.1 ...... 3508.11 3505.55 3542.3±4 ...... 3505.50 3508.12(a) 3532.8±4 ...... 3503.28 3505.51 3525.2 ...... 3503.20 3505.50 3542.4 ...... 3505.25 3525.3±1 ...... 3508.12(b) 3532.9±1 ...... 3505.61 3542.5 ...... 3505.25 3508.14 3505.62 3505.30 3525.3±1(c) ...... 3504.12(a)(1) 3532.9±2(a) ...... 3505.64 3542.6 ...... 3505.31 3525.3±2 ...... 3508.15 3532.9±2(b) ...... 3505.65 3542.7 ...... 3504.50 3525.3±3 ...... 3508.16 3532.9±3 ...... 3501.20 3505.40 3525.4 ...... 3508.20 3505.66 3542.8 ...... 3505.55 3525.5 ...... 3508.12(c) 3533.1±1 ...... 3507.15 3542.8±1 ...... 3505.50 3508.21 3533.1±1(c) ...... 3507.16 3505.60 3525.6 ...... 3508.22 3533.1±2 ...... 3507.17 3542.8±2 ...... 3501.20 3526.1 ...... 3510.11 3533.2±1 ...... 3507.18 3542.8±3 ...... 3504.15 3526.2 ...... 3510.15 3533.2±2 ...... 3503.20 3505.55 3526.2(a) ...... 3510.11 3533.3 ...... 3507.11 3542.8±4 ...... 3503.28 3526.2(b) ...... 3510.15 3533.4 ...... 3507.19 3543.1±1 ...... 3507.15 3526.3 ...... 3510.12 3533.4(b) ...... 3507.20 3543.1±1(c) ...... 3507.16 3526.3(a) ...... 3510.20 3533.4(c) ...... 3507.20 3543.1±2 ...... 3507.17 3526.3(b) ...... 3504.12(a)(1) 3534.0±3 ...... Deleted 3543.2±1 ...... 3507.18 3526.4 ...... 3503.20 3534.1 ...... 3506.10 3543.2±2 ...... 3503.20 3526.5 ...... 3510.20 3534.2 ...... 3506.11 3543.3 ...... 3507.11 3526.6 ...... 3510.21 3534.3 ...... 3506.11 3543.4 ...... 3507.19 3527.1 ...... 3516.10 3534.4 ...... 3506.12 3543.4(b) ...... 3507.20 3516.12 3534.4±1 ...... 3506.13 3543.4(c) ...... 3507.20 3527.1±1 ...... 3504.12(a)(1) 3534.4±2 ...... 3506.12 3544.0±3 ...... Deleted 3516.15 3534.4±3 ...... 3506.14 3544.1 ...... 3506.10

VerDate 22-SEP-99 18:10 Sep 30, 1999 Jkt 183247 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\01OCR3.XXX pfrm08 PsN: 01OCR3 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53519

Old 3500 New 3500 Old 3500 New 3500 Old 3500 New 3500

3544.2 ...... 3506.11 3552.8±3 ...... 3504.15 3562.2 ...... 3505.10 3544.3 ...... 3506.11 3505.55 3562.3±1 ...... 3505.12 3544.4 ...... 3506.12 3552.8±2 ...... 3501.20 3562.3±1(c) ...... 3504.12(a)(1) 3544.4±1 ...... 3506.13 3552.8±4 ...... 3503.28 3505.20 3544.4±2 ...... 3506.12 3552.9±1 ...... 3505.61 3562.3±2 ...... 3505.13 3544.4±3 ...... 3506.14 3505.62 3562.3±2(c) ...... 3505.15 3544.4±4 ...... 3506.15 3552.9±2(a) ...... 3505.64 3562.3±3 ...... 3505.40 3544.5 ...... 3506.25 3552.9±2(b) ...... 3505.65 3505.45 3544.6 ...... 3506.20 3552.9±3 ...... 3501.20 3562.3±4 ...... 3505.50 3545.1 ...... 3508.11 3505.66 3505.51 3508.12(a) 3553.1±1 ...... 3507.15 3562.4 ...... 3505.25 3545.2 ...... 3503.20 3553.1±1(c) ...... 3507.16 3562.5 ...... 3505.25 3545.3±1 ...... 3508.12(b) 3553.1±2 ...... 3507.17 3505.30 3508.14 3553.2±2 ...... 3503.20 3562.6 ...... 3505.31 3545.3±2 ...... 3508.15 3553.2±1 ...... 3507.18 3562.7 ...... 3504.50 3545.3±3 ...... 3508.16 3553.3 ...... 3507.11 3505.40 3545.4 ...... 3508.20 3553.4 ...... 3507.19 3562.8 ...... 3505.55 3545.5 ...... 3508.12(c) 3553.4(b) ...... 3507.20 3562.8±1 ...... 3505.50 3508.21 3553.4(c) ...... 3507.20 3505.60 3545.6 ...... 3508.22 3554.0±3 ...... Deleted 3562.8±2 ...... 3501.20 3546.1 ...... 3510.11 3554.1 ...... 3506.10 3562.8±3 ...... 3504.15 3546.2 ...... 3510.15 3554.2 ...... 3506.11 3505.55 3546.2(a) ...... 3510.11 3554.3 ...... 3506.11 3562.8±4 ...... 3503.28 3546.2(b) ...... 3510.15 3554.4 ...... 3506.12 3562.9±1 ...... 3505.61 3546.3 ...... 3510.12 3554.4±1 ...... 3506.13 3505.62 3546.3(a) ...... 3510.20 3554.4±3 ...... 3506.14 3562.9±2(a) ...... 3505.64 3546.3(b) ...... 3504.12(a)(1) 3554.4±2 ...... 3506.12 3562.9±2(b) ...... 3505.65 3546.4 ...... 3503.20 3554.4±4 ...... 3506.15 3562.9±3 ...... 3501.20 3546.5 ...... 3510.20 3554.5 ...... 3506.25 3505.66 3546.6 ...... 3510.21 3554.6 ...... 3506.20 3563.1±1 ...... 3507.15 3547 ...... 3511.25 3555.1 ...... 3508.11 3563.1±1(b) ...... 3507.16 3511.27 3508.12(a) 3563.1±2 ...... 3507.17 3547.1 ...... 3504.12(a)(1) 3555.2 ...... 3503.20 3563.2±1 ...... 3507.18 3547.2 ...... 3504.50 3555.3±1 ...... 3508.12(b) 3563.3 ...... 3507.11 3547.3 ...... 3511.25(b) 3508.14 3563.4 ...... 3507.19 3547.4 ...... 3511.12 3555.3±2 ...... 3508.15 3563.4(b) ...... 3507.20 3550.0±3 ...... Deleted 3555.3±3 ...... 3508.16 3563.4(c) ...... 3507.20 3550.1 ...... Deleted 3555.4 ...... 3508.20 3564.1 ...... 3508.11 3550.2±1 ...... Deleted 3555.5 ...... 3508.12(c) 3508.12(a) 3550.2±2 ...... Deleted 3508.21 3564.2 ...... 3503.20 3550.3 ...... 3503.37 3555.6 ...... 3508.22 3564.3±1 ...... 3508.12(b) 3551.1 ...... 3501.20 3556.1 ...... 3510.11 3508.14 3551.2±1(a) ...... 3504.15 3556.2 ...... 3510.15 3564.3±2 ...... 3508.15 3504.16 3556.2(a) ...... 3510.11 3564.3±3 ...... 3508.16 3551.2±1(b) ...... 3504.17 3556.2(b) ...... 3510.15 3564.4 ...... 3508.20 3551.2±2 ...... 3504.20 3556.3 ...... 3510.12 3564.5 ...... 3508.12(c) 3504.21 3556.3(a) ...... 3510.2 3508.21 3551.3 ...... 3511.15 3556.3(b) ...... 3504.12(a)(1) 3564.6 ...... 3508.22 3551.4(a) ...... 3511.25 3556.4 ...... 3503.20 3565.1 ...... 3510.11 3551.4(b) ...... 3511.26 3556.5 ...... 3510.20 3565.2 ...... 3510.15 3551.4(c) ...... 3511.30 3556.6 ...... 3510.21 3565.2(a) ...... 3510.11 3551.5 ...... 3504.50 3560.0±3 ...... Deleted 3565.2(b) ...... 3510.15 3551.6 ...... 3503.28 3560.1 ...... Deleted 3565.3 ...... 3510.12 3551.7 ...... Deleted 3560.2±1 ...... Deleted 3565.3(a) ...... 3510.20 3552.1 ...... 3508.11 3560.2±2 ...... Deleted 3565.3(b) ...... 3504.12(a)(1) 3552.2 ...... 3505.10 3560.3±1 ...... 3503.13 3565.4 ...... 3503.20 3552.3±1 ...... 3505.12 3560.3±2 ...... 3503.13 3565.5 ...... 3510.20 3552.3±1(c) ...... 3504.12(a)(1) 3560.3±3 ...... 3503.13 3565.6 ...... 3510.21 3505.20 3560.3±4 ...... 3503.13 3566 ...... 3511.25 3552.3±2 ...... 3505.13 3560.4 ...... 3503.37 3511.27 3552.3±2(c) ...... 3505.15 3560.5 ...... 3505.10 3566.1 ...... 3511.25(b) 3552.3±3 ...... 3505.40 3560.6 ...... 3501.16 3566.2 ...... 3504.50 3505.45 3560.7 ...... 3505.12 3566.3 ...... 3511.25(b) 3552.3±4 ...... 3505.50 3561.1 ...... 3501.20 3566.4 ...... 3511.12 3505.51 3561.2±1(a) ...... 3504.15 3567.1 ...... 3517.10 3552.4 ...... 3505.25 3504.16 3567.2 ...... 3517.11 3552.5 ...... 3505.25 3561.2±1(b) ...... 3504.17 3567.3 ...... 3517.15 3505.30 3561.2±2 ...... 3504.20 3567.4 ...... 3517.16 3552.6 ...... 3505.31 3504.21 3570.0±3 ...... Deleted 3552.7 ...... 3504.50 3561.3 ...... 3511.15 3570.1 ...... Deleted 3505.40 3561.4 ...... 3504.50 3570.2 ...... 3503.14 3552.8 ...... 3505.55 3561.5 ...... 3503.28 3570.3 ...... Deleted 3552.8±1 ...... 3505.50 3561.6 ...... Deleted 3570.4 ...... 3503.37 3505.60 3562.1 ...... 3503.13 3571.1 ...... 3501.20

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Old 3500 New 3500 We dropped the definition of the term Sections 3502.25–30 discuss how you ‘‘Act’’ because it was not needed. We show your qualifications to hold a lease. 3571.2±1(a) ...... 3504.15 added a definition for the term These sections discuss where to file 3504.16 ‘‘acquired lands.’’ We modified the information, and what to submit 3571.2±1(b) ...... 3504.17 definition of ‘‘hardrock minerals’’ to depending on whether you are an 3571.2±2 ...... 3504.20 make the meaning more clear. We kept individual, an association or 3504.21 the definition used in the proposed rule 3571.3 ...... 3511.15 partnership, a guardian or trustee of a 3571.4 ...... 3504.50 for ‘‘valuable deposit,’’ which is trust, or a corporation. 3571.5 ...... 3503.28 discussed more in the Responses to The remaining sections address some 3571.6 ...... Deleted Comments section below. peripheral concerns related to lease 3574.1 ...... 3508.11 Section 3501.10 describes the qualifications. For example, if an 3508.12(a) different types of authorizations BLM applicant dies before we processes the 3574.2 ...... 3503.20 can issue under these regulations. Here, application, we may issue the lease to 3574.3±1 ...... 3508.12(b) we define what each authorization is, the applicant’s heirs, or to the executor 3508.14 and list them in the order they occur 3574.3±2 ...... 3508.15 of the applicant’s estate if the estate has during development, to give the reader not been settled. BLM may also 3574.3±3 ...... 3508.16 a short road map through the entire 3574.4 ...... 3508.20 recognize an heir as the record title 3574.5 ...... 3508.12(c) mineral development process. The holder of a permit or lease if the permit 3508.21 section begins with prospecting permits, or lease holder dies. In all cases, 3574.6 ...... 3508.22 which allow exploration for minerals on however, the person assuming 3575.1 ...... 3510.11 public lands where no known deposit ownership of the lease must be qualified 3575.2 ...... 3510.15 exists. Next are exploration licenses, to hold a lease. If they are not, we will 3575.2(a) ...... 3510.11 which also allow exploration of lands allow no more than two years for them 3575.2(b) ...... 3510.15 where there are known deposits. After 3575.3 ...... 3510.12 to become qualified or divest their that comes preference right leases, interest. 3575.3(a) ...... 3510.20 which you could receive if you discover 3575.3(b) ...... 3504.12(a)(1) certain mineral deposits during your Subpart 3503—Areas Available for 3575.4 ...... 3503.20 Leasing 3575.5 ...... 3510.20 prospecting permit. Following that are 3575.6 ...... 3510.21 competitive leases, which BLM issues This subpart concerns which areas are 3576 ...... 3511.25 for known deposits. Next are fringe available for leasing. There are several 3511.27 acreage leases, which lease known types of land that are unavailable for 3576.1 ...... 3504.12(a)(1) deposits under special circumstances. leasing, such as lands acquired for 3576.2 ...... 3504.50 This is followed by lease modifications development of fissionable materials, 3576.3 ...... 3511.25(b) which add land to existing leases, and wilderness areas, and lands within 3576.4 ...... 3511.12 use permits that provide land to support incorporated cities. Sections 3503.10 New ...... 3501.1 certain permits and leases. New ...... 3501.10 Section 3501.16 lists some of the and 3503.11 list lands which are not New ...... 3502.42 general conditions and terms of your available for any mineral leasing New ...... 3503.10 permit or lease. There are two activity. The next four sections set out New ...... 3503.42 which areas are generally available for New ...... 3503.43 particularly important aspects of this section. First, it tells you that a permit leasing sulphur, hardrock minerals, New ...... 3503.44 asphalt, gold and silver. New ...... 3503.45 or lease gives you an exclusive interest New ...... 3503.46 in the minerals covered by your permit Generally, lands within a designated New ...... 3509.18 or lease, but not the lands. We can issue wilderness or wilderness study area are New ...... 3509.30 additional leases, permits and rights-of- unavailable for leasing. The Wilderness New ...... 3509.48 way for lands where minerals are Act, 16 U.S.C. 1131 et seq., prohibits New ...... 3509.51 leased. Second, this section discusses commercial enterprise within New ...... 3511.11 how we regulate development of designated wilderness areas, except for New ...... 3511.28 prior existing rights (16 U.S.C. 1133(c)). New ...... 3515.22 multiple leases on the same parcel. The remaining sections in this part Wilderness study areas are managed New ...... 3516.11 under the interim management New ...... 3503.15 point out that authorizations are subject also in 3581 to other laws and regulations, such as standards which prohibit all activities New ...... 3503.16 NEPA, BLM land use plans, and BLM which would impair their suitability for also in 3586 and Departmental appeal regulations. wilderness designation; this typically precludes mineral leasing activity. BLM Subpart 3502—Qualification Subpart 3501—General Provisions manages all other areas being Requirements considered for possible wilderness This subpart deals with introductory Subpart 3502 sets out who may hold study in accordance with the applicable matters, general considerations, a permit or lease. There are several land use plan. definitions, and appeals. We expanded limitations on who may hold an Since BLM drafted the proposed rule, the authorities section. Section 3501.1 authorization. For example, as required President Clinton has designated the discusses the scope of the regulations, by statute, we require the lessee or Grand Staircase-Escalante National which apply to minerals leased by the permittee to be an adult citizen of the Monument, and under the Monument’s BLM. United States who is in compliance terms the BLM lands contained in it are Section 3501.5 is the definitions with the MLA on all other leases. Also, no longer available for leasing. We section. This section lists those terms to prevent conflicts of interest, there are added the new Monument to the list of which are specific to leasing of solid restrictions on government officials. unavailable lands in § 3503.11. We also minerals. We made several changes to There are also acreage limitations in added another sentence in § 3503.11(k) this section. subpart 3503. to remind the reader that any other

VerDate 22-SEP-99 17:55 Sep 30, 1999 Jkt 183247 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 E:\FR\FM\01OCR3.XXX pfrm08 PsN: 01OCR3 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53521 lands which are withdrawn from state acreage limit for potassium leases BLM only receives filing fees, first year mineral leasing are also unavailable. is now 96,000 acres. We made this rentals and bonus bids; you should Sections 3503.20 through 3503.28 set change in response to comments make all subsequent rental, royalty and out the rules for leasing minerals that received on the proposed rule. See other payments to MMS. underlie lands managed by another responses to comments below. The next three sections discuss rental Federal agency, private owner, or non- Calculating your total acreage rates and due dates. One situation that Federal political subdivision or holdings is simple when you own your caused some confusion is the rental due charitable organization. When a separate lease outright, but if you own a lease date after the first year of the lease. BLM surface owner is involved, we will through stock ownership or other will maintain the previous system, consult with them, and, if required, instruments, BLM will calculate your where in the case of sodium, potassium obtain their consent before issuing a acreage holdings as a proportion of your and asphalt, rentals are due before mineral lease. In many cases, we may ownership interest. For example, if you January 1 of each year, while for other insert special stipulations into the lease own a 50% interest in a lease of 800 minerals rental is due before the to satisfy the surface owner’s or surface acres, we will charge 400 acres toward anniversary of the lease’s effective date. managing agency’s concerns. Where your total personal acreage holdings. We had proposed a simpler system BLM is required by law to obtain Corporate lease holdings will only count which would use anniversary dates for another agency’s consent, we will against your personal acreage holdings all minerals, but several commenters accept the stipulations they require. In if you own at least ten percent of the pointed out that this contradicts other situations, we will consider the corporation holding the leases. In these statutory law. Therefore, we will use the surface owner’s or surface management instances, we will count the same January 1 due date for sodium, agency’s recommendations and accept acreage against both the corporation’s potassium and asphalt, and the lease those which we believe are appropriate. holdings and your personal holdings, in anniversary date for other minerals. The next several sections (3503.30– proportion with your ownership The following sections discuss .33) concern land descriptions. You interest. We believe this is necessary to royalties. Each lease will contain its must describe the lands you wish to prevent people from using the corporate own royalty provisions, but the lease in your application, but there are form to avoid the acreage limitations. regulations set out the minimum royalty several different ways to describe land. Finally, sections 3503.40 through at § 3504.21. The regulations also permit If the land has been surveyed as part of 3503.46 instruct you where to file your you to create overriding royalties. the Public Lands Survey System, you application and other necessary However, if your overriding royalties must describe it by legal subdivision documents, and inform you that the become too large, to the point where (section, township and range). If it has information you submit could be they could pressure you to forego not been surveyed but is located in a released to the public under the development opportunities under your Public Lands Survey System state and is Freedom of Information Act (5 U.S.C. lease, BLM may order you to suspend or part of a protraction diagram or 552 et seq.) (FOIA). Since the proposed reduce the overriding royalty. amended protraction diagram, you must rule was published, BLM has issued a Furthermore, if at any time you seek a describe the land by legal subdivision. rule to make all of our FOIA information royalty reduction, we may require you If the land is unsurveyed and not shown uniform. The FOIA rule, published in to reduce your overriding royalty on a protraction diagram or amended the Federal Register on October 1, 1998 payments first. We will not allow protraction diagram, you must describe (63 FR 52946), amended these overriding royalties to exceed 50% of the lands by metes and bounds tied to regulations by adding detailed the amount of the reduced royalty. a survey corner. If the lands are information about how BLM decides to The rest of this subpart focuses on acquired lands, you may use the release or withhold information under bonding requirements. BLM requires a description shown on the deed that the FOIA. In order to keep this rule bond in all cases, and determines the conveyed title to the United States. consistent with other BLM regulations, amount of the bond on a case-by-case Finally, § 3503.33 reminds the reader we added §§ 3503.42 through 3503.46 to basis. The bond amount is based on our that BLM will only issue leases for lands conform to the FOIA regulations. estimate of the cost to comply with all that have been officially surveyed to We will generally release information terms and conditions of the lease. This BLM standards. If you seek a permit or under FOIA to the extent that the law includes the cost to stabilize and lease on unsurveyed lands, we will allows. If you believe the information reclaim the areas to be disturbed under require you to pay for a survey. We will you submit to us should be kept your lease or permit. We will accept pay for the survey if we initiate the confidential, you should indicate this by personal bonds in any one of several competitive leasing process. clearly marking the information as forms, or surety bonds from qualified The next subgroup consists of three confidential. However, BLM must make surety companies. You may also cover limitations on the acreage and the final decision, because the FOIA several leases with a single bond, or file dimensions of the lands you seek to requires us to determine under the law statewide or nationwide bonds to cover lease. First, the minimum size for a whether information is exempt from several obligations at once. lease is generally a quarter-quarter release before we can withhold it. Your bond must always provide full section, or a lot. The leased lands must coverage for any activities you pursue. also be in reasonably compact form, not Subpart 3504—Fees, Rental, Royalty If you default on any of your permit or scattered and difficult to manage. The and Bonds lease obligations, BLM may take chart at § 3503.37 shows the maximum This subpart outlines your obligations payment from your bond and, if lease acreage for each commodity. This to BLM under your lease. We made necessary, require you to restore your includes limits on the size of the several minor changes from the bond to the amount needed to provide individual lease, and limits on the total proposed rule in order to clarify these full coverage. If you fail to restore your number of acres you have leased from requirements. bond, we may seek to cancel your BLM in a single state (or nationwide, in The first three sections distinguish permit or lease. We will only terminate the case of phosphate). between payments to BLM and those your bond’s period of liability when it The only change in this chart from the made to the Minerals Management has been replaced by another bond or proposed rule is the provision that the Service (MMS), and set out filing fees. you have fulfilled all your permit or

VerDate 22-SEP-99 14:43 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\A01OC0.042 pfrm01 PsN: 01OCR3 53522 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations lease terms and conditions. Finally, application must include the first year’s exploration license. To apply, you need terminating the period of liability does rental, and a detailed exploration plan. to submit an exploration plan and a not end the bond obligations; we will We will notify you if your permit request (in no specific form) for an release your bond when all terms and application has been accepted or exploration license. Your exploration conditions are met, the site is reclaimed, rejected. If we reject your permit plan must include the same information all payments are made, and a reasonable application, we will state our reasons contained in 43 CFR 3505.45 as period of time has passed to assure us for doing so in detail, and describe how exploration plans in support of that you have effectively reclaimed the you may appeal. If we rejected your prospecting permits. land. application because of something which BLM makes decisions to issue can be corrected, we will give you 30 exploration licenses under the general Subpart 3505—Prospecting Permits days to correct the error and refile your regulations for leases, permits and Prospecting permits are available application. You do not have to refile easements at 43 CFR part 2920. Once we when you are contemplating the application fee and first-year rental approve your exploration plan, we will commercial mineral development under payment with your corrected prepare a notice of exploration which the mineral leasing program in areas application. Filing fees are non- you must publish for three weeks in a where there is no known mineral refundable, but if we reject any portion local newspaper in the area where the deposit. Obtaining a prospecting permit of your application we will return your lands covered by the license are located. is the first step to development under a rental payment covering the rejected The notice, which will include your preference right lease. If you use a areas. plan, will invite other interested parties prospecting permit to explore an area Prospecting permits are limited to to participate with you in the where no known mineral deposit exists their express terms. Therefore, you can exploration. They must share costs with and you discover a valuable deposit of only use your prospecting permit for the you on a pro-rata basis. the mineral covered by your permit, you time, area and minerals identified in Your exploration license is not may be entitled to a preference right your permit. All prospecting permits are intended to give you exclusive access to lease to develop that mineral deposit. valid for two years, though BLM can information which is critical to You do not need a prospecting permit extend potassium and gilsonite permits preparing your bid, or any other to collect mineral specimens for your for an additional two years and preference. For competitive leasing, all hobby, recreational, educational or other phosphate and hardrock mineral bidders should have access to the same similar non-commercial purposes. You prospecting permits for up to four years. information about the resource, so that BLM cannot extend permits for sodium competition will be completely fair. We can find BLM’s regulations for non- and sulphur. We generally will only may require that you allow other commercial mineral specimen collecting extend your permit if you have been interested parties to join you in the at 43 CFR part 8360. diligently exploring the area and need exploration activities under your Prospecting permits are required more time to discover a valuable license, provided they pay their pro-rata when you are exploring an area for deposit, though exceptions may be share of the costs. Sections 3506.12 commercial development. Because made if unusual circumstances delayed through 3506.14 discuss the notice of prospecting permits may entitle you to your exploration efforts. exploration contents and process. a preference right lease, they are not You can relinquish your permit in Several things can happen if one or available in areas where BLM has whole or in part if BLM approves your more parties respond to the notice of identified a known mineral deposit. relinquishment, you have complied exploration and notify BLM that they These areas are leased competitively with all the permit requirements, and if wish to be included. If all parties agree and can only be explored prior to your rental payments are up to date. We with the exploration plan as approved, leasing under an exploration license. may cancel your permit if you fail to the parties may simply devise a way to Prospecting permits are not available for make timely rental payments, or if your share the costs and BLM will issue the asphalt. exploration activities violate any law, license. If the interested parties disagree Sections 3505.12 through 3505.51 regulation, or condition of your permit. on the exploration plan, the parties need discuss how to apply for a prospecting If your permit is relinquished or to agree on any changes to be made, and permit. Because a prospecting permit canceled, in whole or in part, you will BLM will have to assess the may entitle you to a preference right not be entitled to a preference right environmental impacts posed by any lease, we will not issue prospecting lease on those lands. changes to the plan before we can issue permits to anyone who would not be the license. qualified to hold a lease. Therefore, all Subpart 3506—Exploration Licenses Once BLM issues your exploration the qualification requirements of Exploration licenses, covered by license, you may make changes to your subpart 3502, including the acreage subpart 3506, allow you to gather exploration plan, and you may remove limitations, apply to prospecting information about a mineral resource lands from your exploration license at permits. prior to seeking a lease. BLM grants any time, subject to BLM’s approval. You may amend or withdraw your these licenses to explore areas with However, you may not add lands to permit application after you file it but known mineral deposits. BLM leases your exploration license. We must before we issue you a permit. BLM known mineral deposits through a provide for public involvement and considers permit applications on a first- competitive bidding process; therefore, environmental assessment before we come, first-served basis, meaning that your exploration license will not give can make lands available for exploration the first application we receive has you any preference or right to a lease. under a license. Therefore, if you wish priority. If you amend your application, You may want an exploration license if to add lands to your license, you need you do not need to send an additional you are considering entering a bid for an to submit a new application. filing fee, but if your amendment adds area and you need more information While conducting your exploration, lands to be covered by the permit, your about the resource in order to prepare you must share with us any data you priority to those additional lands will be your bid. gather. BLM will consider this as of the date of the amendment, not the The first several sections of subpart information confidential, as explained date of the original application. Your 3506 describe how to obtain an in § 3506.25, until the lands are leased

VerDate 22-SEP-99 14:43 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\A01OC0.043 pfrm01 PsN: 01OCR3 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53523 or unless we determine under the FOIA These regulations describe the valuable deposit. Generally, this that the information is not exempt from application contents at 43 CFR 3507.17. includes lands where further disclosure. We require that you share While there is no set application form, prospecting is unnecessary for us to this information with us because all you must submit: information showing determine the existence or workability information is valuable to us in making that you are qualified to hold a lease of a valuable deposit. We can rely on sound management decisions. We will (under subpart 3502); maps of your geologic inference in making these not share this information with other proposed mining operations and determinations. BLM must receive the potential bidders or the public unless facilities; a written description of your fair market value for all minerals we we are required to do so by law. While proposed operations, including the lease competitively. we feel the fairest system of competitive method of mining and the relationship BLM must reject a prospecting permit bidding requires us to give parties equal between your operation and any other(s) application if it is in an area where there access to information, we do not think on adjacent lands; information which is a known valuable deposit, but in it is fair to require one party to share the shows that you have discovered a these areas you may request a data at no cost to other parties after valuable deposit; and a legal description competitive lease. We may also initiate having acquired this data at of the lands to be leased, if different the competitive leasing process. If we considerable expense. BLM feels that from the lands in your prospecting determine that the lands are suitable for this system, where parties can join in on permit. You need not lease all the lands leasing, we may publish a notice of the exploration but where we will not covered by your prospecting permit, but lease sale in the local newspaper and in freely divulge the exploration’s results, all the land you wish to lease must have the local BLM public room. This notice is the fairest to all participants. been part of the permit. will contain all the information Subpart 3507—Preference Right Lease To prove you have found a valuable necessary for participating in the Applications deposit, you must provide BLM bidding, such as the sale time and information about any core or test holes, location, the minimum bid, bidding If you discover a valuable deposit of samples and cuttings you collected at a leasable mineral while exploring method and deadlines, and description the site, as set out in 43 CFR 3593.1. of the resource. Usually the bidding under a prospecting permit, you may be BLM will determine if there is a entitled to a preference right lease. This method will be sealed bids, although on reasonable prospect of success in appropriate occasions we may use an subpart discusses how you may apply developing a profitable mine from this for and obtain a preference right lease oral bidding process, or a combination information, though we may request of sealed and oral bids. BLM will also for all leasable minerals except asphalt, additional information to complete our which is only leased competitively or make available the statement of the findings. lease sale terms and conditions. under a fringe acreage lease. See subpart BLM will grant you a lease unless: 3508 for competitive leases, and subpart • You have not shown a valuable If you are a qualified bidder and you 3510 for fringe acreage leases. deposit exists; offer the highest acceptable bonus bid, The requirements for obtaining a • Your application is late, meeting or exceeding fair market value, preference right lease, set out in incomplete, or otherwise deficient; BLM may accept your bid. As described § 3507.11, are fairly simple: if you have • You are seeking a lease for sodium, in section 3508.20, we will open and been exploring an area under a potassium or sulphur and BLM announce all bids at the lease sale, but prospecting permit and you believe you determines that the lands at issue are we will not accept or reject bids at that have discovered a valuable deposit of not chiefly valuable for that mineral; or time. Instead, we will review the bids. the mineral covered by your permit, you • We issued the prospecting permit We may reject all bids, or accept the need to submit a complete preference under the authority of Reorganization highest qualified bid by sending that right lease application in a timely Plan No. 3 and we determine that person a lease form and statement of manner, along with your first year’s mining is not the preferred use of the terms and conditions. If we accept your rent. We will review your application in land. bid, you must sign the lease form, pay order to verify that all of the terms and You must also have complied with all the first year’s rent, publication costs conditions of your permit have been of the terms and conditions of the and the balance of your bonus bid (if not met. We also need to verify that you prospecting permit. If you disagree with already paid in full with your bid), and have discovered a valuable deposit BLM’s decision, you may appeal the furnish the required lease bond. We will during the term of your permit. decision to the Interior Office of then award you the lease. BLM must also determine that the Hearings and Appeals. lands are chiefly valuable for If there is a tie between bidders for the development of the specified mineral Subpart 3508—Competitive Lease highest bonus bid, we will determine a before we can issue a preference right Applications fair process for breaking the tie. Also, lease for sodium, potassium or sulphur. Subpart 3508 describes the you may revise your bid at any time We may reject your application for a competitive leasing process, which we while the bidding is still open. preference right lease if your use if you wish to lease mineral BLM can reject any high bid which prospecting permit was granted under resources in areas where valuable does not meet all the qualifications and the authority of Reorganization Plan No. mineral deposits exist. We cannot issue requirements of these regulations. If we 3 and we find, after careful analysis, a preference right lease for known offer you a lease but you decide not to that mining is not the preferred use of valuable deposits; the only way you can accept it, we will keep one-fifth of your the lands in the application. obtain a lease on these lands is under bonus bid and refund any additional You may submit your preference right this subpart, through a lease money submitted. BLM has complete lease application any time during the modification or through a fringe acreage discretion to issue a competitive lease life of the prospecting permit or within lease under subpart 3510 of these so we can reject your bid for any other 60 days after the permit expires. If you regulations. reason, such as a change in economic apply for a lease more than 60 days after If you are interested in leasing a conditions. If we reject your bid, we will your permit expires, BLM will reject certain area, you should contact us to refund any money you submitted with your preference right lease application. see if the lands are known to contain a your bid.

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Subpart 3509—Fractional and Future description, information about any other lease is issued, unless we determine it Interest Leases owners, and a $25 application fee. would be in the public interest to issue BLM will notify the other owners, if the permit or lease. This subpart concerns two types of any, of your application. We will give Federal property interests that include these other owners 90 days to file Subpart 3510—Noncompetitive less than complete ownership: Future additional applications. If we receive Leasing: Fringe Acreage Leases and and fractional interests. While these additional applications from other Lease Modifications kinds of property are relatively qualified owners, we will hold a limited This subpart deals with how BLM uncommon, there are many instances competitive sale. We will use the leases mineral deposits which are too where the public owns only a share of general procedures in subpart 3508 to small to be developed independently a mineral estate. When the United States conduct the sale, but only qualified but could be developed as part of a owns an estate in conjunction with interest holders who applied for the larger operation taking place on adjacent other owners, that is a fractional lease may bid at the sale. lands. We may grant you a separate interest. A future interest occurs when If there are no other interest holders fringe acreage lease if you are the Federal Government owns the right or we receive no other applications developing non-Federal minerals on to an estate after a certain date, but during the 90 day notice period, we will adjacent lands. If you are operating on owns no present interest in the estate. notify you as to whether we will grant adjacent lands under a Federal lease, we The Federal Government acquired most the lease. We will reject your may modify your existing lease to add of these limited estates during the Dust application if you do not qualify to hold acreage to your lease. In both cases you Bowl Era in order to help landowners a lease. Also, you must apply for a lease would acquire the additional mineral recoup some of their losses from failing more than one year before the United lease noncompetitively. Please note that farms and to establish watershed States’ ownership interest will vest or we have renumbered this subpart since protection measures. we will reject your application. the proposed rule, when it was located BLM leases both future and fractional Sections 3509.40 through 3509.50 at subpart 3514. As a result, subparts interests noncompetitively to the party cover fractional interest leases. BLM 3510, 3511, 3512 and 3513 in the who owns or controls the present issues fractional interest leases where proposed rule are now found at subparts interest or partial interest. We added a the Federal Government holds less than 3511, 3512, 3513 and 3514, respectively. BLM issues fringe acreage leases for provision that allows limited 100% of the mineral interest of the mineral deposits which are too small to competition for these leases in cases parcel. These leases allow the other be leased independently. This means where more than one person holds mineral interest owners to develop the that, in BLM’s opinion, the deposit lacks ownership or possession. These leases mineral estate. BLM will only grant fractional interest sufficient reserves to warrant are not available to the public at large. permits or leases when we believe independent development, and that the For future interests, we may lease the development of the minerals is in the minerals are not located in an area of future interest in a mineral tract to the public interest, and with the consent of competitive interest to other mining person who owns or controls the the surface managing agency. operations in the area. However, BLM present interest and is currently To be eligible for a lease, you must will competitively lease these kinds of developing that interest. As a result, have a present interest in the same deposits when they have competitive when that person’s interest ends and minerals, and you must also meet the interest. For example, BLM will lease a Federal ownership begins, the mineral qualification standards listed in subpart resource competitively if the mineral operations can continue under a future 3502. Your application must include a deposit is between two different mineral interest lease issued by BLM. Similarly, description of the land and the same operations, and both parties express an we may lease a fractional interest in a information we require when you apply interest in the fringe acreage. However, mineral estate to the owner or owners of for a present interest Federal lease. You neither law nor policy requires us to the other fraction(s), or the party who also need to include evidence of your lease the resource. has acquired the other owner’s present ownership interest; the names of The rules for applying for a fringe development rights. This allows a single any other owners of the mineral acreage lease and a lease modification operator to develop the minerals. interests; and if you own the operating are similar. To apply, you must submit Future interest leasing is covered in rights to the mineral by a contract with the serial number of your adjacent §§ 3509.10 through 3509.30. Since the owner, you also need to submit Federal lease, or proof that you own or future interest leases are only available three copies of the contract. control the adjacent mineral deposit; to holders of the present mineral We will notify the other owners, if information which shows that the interest, it is important that you show any, of your application. We will give mineral deposit you are applying for you are eligible for a future interest these other owners 90 days to file extends from your adjacent lease or lease. You may only lease a future additional applications. If we receive private operation; a complete land mineral interest from BLM if you own additional applications from other description; an advance rental payment a present interest in the minerals, which qualified owners, we will hold a limited and a nonrefundable $25 application means you must own either the record competitive sale. We will use the fee. title or the operating rights. general procedures in subpart 3508 to BLM will not grant a lease through the Furthermore, you must own all or conduct the sale, but only qualified non-competitive leasing process if a substantially all of the present mineral interest holders who applied for the competitive interest exists, or if the interest. If you as a Federal lessee would lease may bid at the sale. mineral deposit is large enough to control 50 percent or less of the present BLM will reject your fractional warrant independent development. We interest, we may reject your application. interest application if you are not will also deny your application for the To apply for a lease, you must submit qualified to hold a lease, if you do not additional acreage if it would cause you evidence of this ownership interest, have a present interest in the same to exceed the acreage limitations in 43 plus information showing that you are minerals, or if you would have a total CFR 3503.37, if you are not qualified to qualified to hold a BLM mineral lease interest of less than 50% once the hold a Federal lease under subpart 3502, (under subpart 3502), a land fractional interest prospecting permit or or if developing the lease would be

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If we modify an become available for re-leasing. qualifications and ability to meet all existing Federal lease on adjacent lands, Once you receive proposed new terms applicable regulatory provisions. the terms for the new acreage will be the under a readjusted lease, you can object The remaining sections in subpart same as those in your existing lease. to the terms if you disagree with them, 3512 concern your obligations under an Before we issue either type of provided you file your objection within assigned or transferred BLM authorization, you must pay the bonus 60 days of receiving the proposal. BLM authorization, and special amount which we will set by appraisal. will respond to your objection with our circumstances. The most important The minimum bonus amount is $1 per decision on the lease terms, which you provision, in section 3512.18, points out acre. may appeal if you are still dissatisfied. that your account must either be in good See the hearings and appeals regulations standing or your sublessee or assignee Subpart 3511—Lease Terms and at part 4 of this title. must have accepted any liabilities Conditions While you are appealing any new before we will approve your sublease or While BLM sets most of the terms and terms or conditions, including increased assignment. Furthermore, your assignee conditions separately for each lease, rentals or royalties under a renewal or or sublessee must be fully bonded, there are a number of terms and readjustment, you must continue paying which they can accomplish by either conditions which apply to all leases. rentals and royalties at the original rate. furnishing a new bond under subpart Those terms and conditions are the However, those increased charges will 3504, or by arranging to assume your subject of subpart 3511. begin accruing as of the renewal or existing bond. Until we approve the The first two sections, 3511.10 and readjustment date. If the increase is assignment, you will be responsible for 3511.11, discuss when you may mine sustained on appeal, you must pay any all obligations, and if you are subleasing associated, related or commingled accrued charges plus interest. your lease, both you and your sublessee commodities under your lease. There To renew your lease, you need to will be responsible for all obligations are several situations where you may submit three copies of your application, once we approve the sublease. By mine associated and related products. If along with a $25 application fee and an contrast, if you are assigning your lease you have a sodium lease, you may mine advance rental payment of $1 per acre, or permit, your assignee will become related compounds including at least 90 days before your initial term responsible for all obligations after we potassium; while if you have a expires. There is no particular form for approve the assignment, while you potassium lease, you may mine related your renewal application. remain responsible for all obligations products including associated sodium Whether your lease is renewed, accrued before we approved it. compounds. If you have a phosphate readjusted or otherwise extended, we Finally, if you are assigning an lease, you can use deposits of silica, base your priority as a lessee on the overriding royalty to a third party, you limestone, and other rock on your lease original date of your initial lease. must notify BLM. While we do not have during processing or refining your to approve the transfer, you must still Subpart 3512—Assignments and phosphate, phosphate rock and file this assignment with BLM within 90 Subleases associated minerals. In all cases you days of the transfer, along with the must pay a royalty for these additional Once you receive a permit or lease, assignee’s statement of qualifications minerals. you may assign it to any qualified and a $25 processing fee. Producers of calcium chloride from person, in whole or in part, subject to Federal lands may also apply for a BLM approval. Subpart 3512 describes Subpart 3513—Waiver, Suspension or noncompetitive lease to produce how we process assignments and Reduction of Rental and Minimum commingled sodium chloride. This subleases. Royalties applies if you are producing paying Sections 3512.11 through 3512.17 This subpart explains how to deal quantities of calcium chloride from an describe the assignment and sublease with three types of changes to your existing mine, and if you are authorized process. To assign a lease or permit, you ongoing operations: rental and royalty under the regulations in part 3800 to must send us three copies of your reductions, suspension of operations produce the calcium chloride as a assignment instrument, which must and production (for conservation locatable mineral. This is a new describe the assignee, the interest you reasons), and suspension of operations provision of the regulations. You must hold and the interest you are assigning, (for economic reasons). pay a royalty for the commingled and any overriding royalties you are Sections 3513.11 through 3513.15 sodium chloride. retaining. BLM must also receive from concern rental and royalty rate Most BLM leases are in effect for an the assignee a statement of their reductions, which BLM may allow initial 20-year term, subject to qualifications under subpart 3502, and a temporarily if it is in the interest of readjustment or renewal. Each $25 processing fee. We will notify you conservation, will encourage the commodity has different provisions for whether we approve your assignment. If greatest recovery of the mineral, and is renewal or readjustment, which are you are assigning only a portion of your necessary either to promote explained in the chart at § 3511.15. If permit or lease, we will create a new development or to allow you to operate your lease can be readjusted, we must permit or lease containing that portion, successfully under the existing lease notify you before the initial lease term if approved. terms. You may apply to have us reduce expires of any new terms or conditions You may sublease your lease or your rental, minimum royalty, or we are proposing. If we fail to notify transfer the operating rights in your production royalty rate by submitting you, your lease will continue for permit by a similar process. Simply the information listed in § 3513.15. another 20 years under the same terms. send us a copy of the sublease or We will consider whether you are By contrast, if your lease requires that transfer agreement within 90 days of the paying excessive overriding royalties to

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Your obligation to make rental wish to relinquish your lease, with your For example, if you are seeking to and royalty payments resumes on the signature and the date. Also, if you are reduce your production royalty to four first day of the month in which you only relinquishing part of your lease, percent, you must reduce any overriding resume production or when the you must clearly describe the lands you royalties to a total of no more than two suspension expires, whichever comes are giving up. If your application meets percent. BLM has the authority to order first. Finally, BLM will extend your the above conditions, we will notify you a reduction of overriding royalties to no lease by the amount of time in which of our acceptance, as of the date you more than one percent of the gross value the suspension was in effect. filed the application. of production. You can find this You may also cease your operations When you have relinquished your authority at 43 CFR 3504.26. under a suspension of operations lease, you remain liable for paying all Next, §§ 3513.20 through 3513.26 (economic concerns) if you show us that rentals and royalties which accrued concern suspensions of operations and your lease cannot be operated except at prior to relinquishment. You must also production, while §§ 3513.30 through a loss, because of market conditions. provide for preserving mines, 3513.34 concern suspensions of BLM may approve your suspension of productive works and permanent operations. Both situations involve BLM operations if you send us an application improvements on the land. allowing or ordering you to temporarily containing enough information to show Section 3514.25 briefly describes cease operations; but you would that you cannot operate under current lease expiration: your sodium, sulfur, suspend operations and production in market conditions except at a loss. Once asphalt or hardrock lease expires at the order to protect or conserve natural again, there is no particular application end of the lease term, unless you have resources, whereas you would only form. properly filed for a renewal, in which Unlike a suspension of operations and suspend operations for financial case your lease continues until BLM production (conservation concerns), a reasons. To alleviate confusion, these issues a decision on your renewal suspension of operations (economic regulations will differentiate between request. If BLM rejects your renewal, concerns) does not extend your lease these two situations in the table of your lease expires when the renewal is term or suspend your annual rental contents by referring to ‘‘Suspension of rejected. Potassium, phosphate and Operations and Production payment. When we approve a gilsonite leases continue for as long as (Conservation Concerns)’’ and suspension of operations, we you comply with the lease terms and ‘‘Suspension of Operations (Economic temporarily waive the minimum conditions. See the chart at 43 CFR Concerns).’’ production requirements of your lease. 3511.15. You may cease your operations under We also waive your obligation to pay a suspension of operations and minimum royalty in lieu of production. Finally, §§ 3514.30 through 3514.40 production (conservation concerns) If your suspension is for less than a full describe the circumstances and effects when it is necessary in the interest of year, annual payments may be prorated of BLM canceling your lease. BLM may conserving the natural resources to the length of the suspension. You still cancel your lease through two types of affected by your operations. This can be must pay your annual rental. actions: A court proceeding, if you fail established if you show BLM in your Like a suspension of operations and to comply with the applicable law or application for a suspension that you production (conservation concerns), regulations, or if you default on the need to halt operations to benefit the your production obligations cease on terms of your lease; or administratively, resource. We can also reach this the first day of the month after the date if BLM issued your lease in violation of conclusion independently and order which BLM sets as the effective date, the law or any regulation. you to cease operations. If you initiate unless the suspension is effective on the BLM may ask a court to cancel your the suspension by applying to BLM for first of the month, in which case your lease if you violate the law or it, there is no particular application obligations cease immediately. Also, the regulations. We may also pursue form; you just need to send us enough suspension ends if you resume cancellation in court if you fail to information to explain why the production, or if the suspension expires. perform any duty under the lease, and suspension will be in the best interest In either case your obligations resume as you continue to default on that of the natural resource. of the first day of the month in which obligation for thirty days after BLM BLM will set the effective date of your the suspension ends. At that time your notifies you of your default. BLM will suspension of operations and minimum annual production generally give you thirty days after our production. Once we approve your obligations resume. notice to you to remedy the violation or suspension, you will be relieved of any show why we should not move for production obligations, and we will Subpart 3514—Lease Relinquishments cancellation, before we take any further reduce your minimum annual and Cancellations action. production requirements to reflect the Subpart 3514 deals with the various BLM may also administratively cancel portion of each year in which the ways in which your lease may end. your lease if we issued it in violation of suspension is effective. You may also Sections 3514.11 through 3514.21 any law or regulation—for example, if cease paying rentals and royalties on the concern relinquishments, where you the lease would put you over the first day of the month following the may voluntarily give up your lease acreage limitations. In such a case, we effective date of the suspension. If the interest. Sections 3514.25 through may amend the lease and reissue it. effective date is the first of the month, 3514.40 concern lease cancellations and However, if the defect in your lease is you may stop making payments on that expiration. something that we cannot cure—for day. If you pay any rent or royalty while You may relinquish your lease or any example, if you are ineligible to hold a the suspension is in effect, MMS will portion of it at any time. The only lease—the cancellation will be final.

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We may waive cancellation or BLM may exchange any lands subject remove phosphate deposits from your forfeiture if the circumstances call for to the limitations of FLPMA and other leased lands. Under a sodium use doing so. When we waive cancellation, applicable statutes. You may also permit, you may occupy camp sites, that waiver will have no impact on any exchange a preference right to a lease. develop refining works, and otherwise future cancellation actions which may To do so, you must first establish your use the surface to accommodate your be necessary. preference right through the procedures sodium lease operations. Finally, if you are a bona fide described in subpart 3507. Once you To apply, send your application, a purchaser of any lease interest, we will have demonstrated to our satisfaction $25 processing fee, and the first year’s not cancel your lease simply because we your right to a lease, we can negotiate rental, which is $1 per acre or fraction decided to cancel your predecessor’s with you for an exchange lease. of an acre. Your application should lease. A bona fide purchaser is someone The parcels involved in an exchange describe the lands you seek and the who bought the interest without any must be equal in value. If the lands specific reason why you feel you need knowledge or reason to know of the being exchanged are not equal in value, to use them. You should also submit lease’s legal defects. We will dismiss the exchange can be made equal with any additional information which you from any legal proceedings to cash. However, any payment cannot demonstrates that the lands you seek are cancel the lease if you are not exceed 25 percent of the total value of available and suitable for your needs. responsible for the defect. the land or interest in land you are Your application must include a receiving from BLM. Under certain statement that you agree to pay the Subpart 3515—Mineral Lease circumstances the parties may agree to annual charge identified in the permit, Exchanges waive the equalizing payment. We can which should be $1 per acre or $20, Subpart 3515 discusses mineral lease only agree to this waiver if it will whichever is greater. exchanges. BLM may exchange mineral expedite the exchange and if the public If BLM grants your use permit, you lease rights with you when we conclude interest will benefit more from the will be able to use the lands for the waiver than the payment. The waiver that it would benefit the public interest specific purposes identified in it. Your amount can be no more than three to do so. use permit will contain an expiration percent of your new lease’s total value You can exchange your lease or a date, but if your associated lease or portion of your lease interests, as well or $15,000, whichever is less. Either you or the BLM may initiate an permit expires or terminates for any as your preference right to a lease, for exchange. In order for us to proceed reason during the life of the use permit, a lease of equal value. When you with an exchange, you must be willing we will terminate the use permit at that exchange a lease interest in one mineral, to provide us any additional geologic time. Use permits cannot outlive the you can receive in return an interest in and economic data we need to operations they are intended to support. any leasable mineral. This includes determine the value of your lease or Finally, if you fail to pay the rental hardrock minerals covered by this part. preference right. Once we have reached within 30 days of BLM notifying you If your exchange proposal involves any an agreement on the lands to be that the rental is due, we will terminate interest in a coal lease, you must refer exchanged, BLM will publish notice of your use permit. to the coal leasing regulations at 43 CFR the exchange in a newspaper of general subpart 3435. Subpart 3517—Hardrock Mineral circulation serving the counties where Development Contracts; Processing and Either you or BLM may initiate an all lands involved are located, and Milling Arrangements exchange. You may do so by contacting arrange for a public hearing. We will us. If we initiate an exchange, we will solicit public comments on the The final subpart of these regulations notify you that we are prepared to proposed exchange, and after concerns a subject specific to hardrock consider an exchange for some or all of considering this input we will make our mineral leases: development contracts your existing lease, or your preference final decision to approve or reject the and processing and milling right to lease. Our notice to you will exchange. arrangements. These are agreements also say why we believe the exchange is If we approve the exchange, we will between one or more lessees and other in the public interest, describe the lands offer you a lease containing the lease persons to collaborate on large-scale we might exchange, and ask you terms discussed in the appropriate operations to develop, produce, or whether you are willing to negotiate and regulations and any needed special transport ores. Permits and leases for which lands. stipulations. Once we approve an committed to these contracts and Exchanges must be in the public exchange we will include a statement in arrangements do not count towards your interest, which for the purposes of this your new lease that you relinquish all maximum acreage holdings. subpart means two criteria must be met. interests in the land which you are BLM must approve any such First, we must determine that the giving up in exchange. agreement you enter into if your permits benefits of operations under your and leases are not to be counted toward existing lease or preference right would Subpart 3516—Use Permits your maximum acreage holdings. You not outweigh the adverse effects those This next subpart concerns special may apply for BLM’s approval by operations would have on other public permits to use the surface of lands submitting copies of all agreements values, such as scenic beauty, wildlife which are not included in your lease. If between you and other parties to the habitat, recreation, or agricultural you have a phosphate or sodium lease development contract or processing and production potential. The lands which or permit, you may apply for a permit milling arrangement; a statement which BLM would receive must be free of to use the surface of nearby lands for identifies the nature and reason of your hazardous waste, as defined under the purposes related to your mineral request, and which shows all interests hazardous waste laws. There may be development. held in the area by the designated other elements of the public interest BLM may grant use permits on contractor; and a proposed plan of which BLM will account for in unappropriated, unentered lands which operations. BLM will approve your considering an exchange as well. Also, we administer. Under a phosphate use agreement only if it will conserve BLM will comply with the requirements permit, you could conduct activities on natural resources and is in the public of NEPA when processing an exchange. the surface necessary to extract, treat or interest.

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III. Responses to Comments that it is reasonable to believe that this Some people also were unhappy with BLM received a total of 29 comments same hypothetical mine would be the question-and-answer format, where on the proposed rule. The commenters profitable? We do not think there is. each section header is a question which included nine corporations, three Information that is less than that is answered by the section text. This is industry associations, eleven BLM necessary to show a person can a key aspect of plain English, which offices, three other government reasonably expect to develop a BLM is committed to using. Once you agencies, and three individuals. These profitable mine may show that a get used to it we believe you will find valuable prospect exists, but is it very helpful. comments addressed a wide variety of insufficient to show that a valuable Several commenters did not subjects, and ranged from commenting mine can be developed. If a property is understand the numbering system used on general issues to offering specific only valuable as a prospect, then the in the proposed rule. Two commenters language changes. We have considered permittee has not yet earned an said that the numbering system in the every comment and will address them entitlement to a preference right lease. proposed rule did not conform to the here, beginning with general comments Nine commenters expressed their numbering system used in BLM’s case followed by responses to comments on opinions about the new style in which tracking computer database. We made a section-by-section basis. this rule is written. As mentioned several changes in the final rule in A. Generally Applicable Comments above, this rule has been reorganized to response to these comments. We added consolidate overlapping provisions into subheadings under the major headings The most hotly-debated issue raised a single set of generally applicable rules. to clarify the organization of the rule. by the proposed rule concerns the We are also writing in ‘‘plain language,’’ Also, we changed the tables in the rule definition of a ‘‘valuable deposit.’’ which involves transforming the rule so that we always list the commodities Sixteen of these comments addressed text into a series of questions and in the same order. The final rule lists the term ‘‘profitable mine’’ as an aspect answers. Commenters had mixed the commodities in the same order as of the definition of a ‘‘valuable deposit.’’ reactions to our new format, but since that used in the previous version of this Many of these commenters say that by we are required to use plain language rule. Also, we intentionally skipped making this change we have and to streamline all BLM regulations, numbers in the final rule. We did this substantially raised the standard of we are not making substantial changes to leave room for any future evidence required to earn an entitlement in response. amendments and additions to this rule to a preference right lease. Others More specifically, some commenters that might someday be required. suggest that this definition exceeds our said streamlining is a bad idea because One key index in our computer authority under the law, and suggest it took the old system, where each databases is the case type field. The case that a permittee need only show that commodity had its own set of type index allows a user to search the they have established the ‘‘existence regulations, and merged them all into a data base for particular kinds of cases, and workability of the deposit’’ during single, more confusing set of for example phosphate leases, and the term of a prospecting permit in regulations. We disagree. There are very ignore other cases. The first four digits order to be entitled to a preference right few differences between how each of the case type field have cited the lease. We have carefully considered commodity is leased, and once people regulations that authorize the action. these comments, but we have chosen to get used to using the new, consolidated For example, the first four digits of the leave the definition as we originally rules, they should find them just as easy case type for competitive phosphate proposed it. to use as the prior rules. One commenter leases is 3515, the same as the citation The proposed language does not felt that streamlined regulations worked for competitive phosphate leasing in the materially change the definition or our in favor of large corporate customers previous rule. existing policy. For example, BLM and against small businesses. Again, we This rule making does not require any Instruction Memorandum WO 93–101, disagree. BLM designed these rules to be change to our computer databases. If dated December 31, 1992, clearly states easy for everyone to understand, BLM needs to change this database, we that BLM’s policy is that ‘‘valuable including people entirely outside the will not need to change this rule to do mine’’ means ‘‘profitable mine’’ in this mining industry. This should actually so. We have placed the commodities in definition. Our legal authority for this benefit small businesses, who the order in which they were found in definition is found in the Mineral sometimes may not have the same the previous version of this rule so that Leasing Act and the Mineral Leasing Act expertise as large corporations. Your the first three digits of the case type for Acquired Lands. local BLM office is also available to help field will refer to the rule. We did this This definition does not require that you understand any regulation that as a matter of convenience and with the a prospecting permittee demonstrate affects you. hope that it will make the rule easier to that a profit can be made from the Two commenters felt the proposed use. property. The language is conditioned table of contents was long and hard to There were several general comments by the phrase ‘‘reasonable prospect of understand. We agree, so we have added concerning substantive issues. One success.’’ This means that the permittee groupings to the table of contents which commenter suggested that we should only has to show how one can should make the table of contents much ask potential lessees to certify reasonably infer from the data collected easier to read. Now, if you want to know themselves as qualified, rather than during the period of the prospecting how to prove that you are qualified to asking them to submit proof of their permit that further expenditure of his or hold a lease, rather than searching qualifications so that we can certify her means is justified by the expectation through all fifteen section headers under them as eligible. We did not accept this he or she can develop a profitable mine. ‘‘Subpart 3502—Qualification idea. While self-certifying could save We have considered if we can make Requirements,’’ you can find the applicants some time, we feel this is too a distinction between a valuable mine grouping called ‘‘How to Show Lease important an issue for BLM to and a profitable one. Is there a level of Qualifications’’ and find the section you relinquish our responsibility. Leases information that would show a need more quickly. These groupings issued to people who are not qualified hypothetical mine to be valuable, but at should also make it easier to understand are void by law, and if we granted a the same time be insufficient to show how we structured the regulations. lease to an unqualified person and were

VerDate 22-SEP-99 14:43 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 E:\FR\FM\A01OC0.049 pfrm01 PsN: 01OCR3 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53529 forced to shut down their operations reclamation bond in place before you set of definitions. One commenter later, it would be far more costly and open the mine, but you may not need opposed consolidating definitions complicated than determining to have this full bond in place while you sections in general, reasoning that qualifications at the outset. These are still seeking permits. Subpart consolidated sections will be harder to problems could also occur where 3504.60 allows individual BLM offices work with and will make it more someone accidentally misinterprets the to phase in your bond if appropriate. difficult to track changes to regulations qualifications. BLM prefers to resolve Finally, a few comments raised because when BLM revises a definition these critical issues before we issue a questions and offered suggestions for we can do so by simply referring to the lease, and we think it is in the public language we could use to describe areas definitions section, not the affected interest to do so. which are known to contain a deposit of regulations. We did not accept these One commenter pointed out that we a leasable mineral. Exploration licenses, comments, except to add the term had eliminated all information on competitive leases, and fringe acreage ‘‘acquired lands’’ to the definitions fractional interest leases. We have since leases are available in these areas. One section. We do not use several of the reinstated information on fractional comment requested that we use the term terms we deleted from the definitions interests in this final rule, beginning at Known Leasing Area to describe areas section in the final rule. We deleted 43 CFR 3509.40. where these authorizations are Two commenters requested that BLM other terms from the definitions section available. We chose not to change the because we believe these terms will be make several changes to the proposed language in the final rule. bonding requirements, such as allowing readily understood when read in the The term Known Leasing Area (KLA) context of the rule. Therefore, we chose self-bonding, not duplicating state comes from the BLM’s practice of bonding requirements, and not requiring to leave these terms out of the classifying lands for various purposes. definitions section. high premiums until a user has planned The former Conservation Division of the a surface disturbance. We have not U.S. Geological Survey was responsible Three commenters felt the proposed made any changes to accommodate self- for designating KLAs. The Secretary of definition of ‘‘hardrock minerals’’ was bonding. First, we will not accept self the Interior transferred this deficient. We re-wrote this definition to bonds because they provide no responsibility to BLM in the early part give a simple, brief explanation of what additional security to the government. A of the 1980’s. The boundaries of KLAs hardrock minerals generally are and self bond is a personal or corporate are fixed through a formal decision what they are not, without listing all the guarantee of performance. This is not process. Because of other workload specific minerals which could fall into significantly different from the lease priorities, we have not reviewed many this category. document. Once you sign the lease, you of these KLA designations recently. Based on a comment by a BLM office, have guaranteed your performance of its Some of these designations may be out terms and conditions. The purpose of we deleted the proposed definition of of date. Therefore, we chose to avoid the ‘‘leasing,’’ which we decided was the bond is to secure performance of use of the term Known Leasing Area in these terms and conditions should you unnecessary. These regulations explain the final rule. leasing in great detail, and defining the be unable to honor your guarantee. Under the final rule, we intend for We have added language to § 3504.50 term does nothing more to help the BLM to review each application to see that allows BLM offices to enter reader. We also deleted the proposed if it is for lands known to contain a agreements with state governments on definition of ‘‘Act’’ because we do not valuable deposit of a leasable mineral. bonding. In a state where we have use this term in the rule. This will be more effective than relying entered such an agreement, your state Section 3501.10 bond may not fully satisfy BLM’s solely on old classification maps that bonding requirement. We may still may not be based on all currently available geologic data. Two commenters disputed the require additional bonding in such proposed language about who states because our bonds cover B. Specific Comments determines land to be chiefly valuable compliance with all terms and Authority Citation for a mineral, and when this conditions of the lease. State determination is required. We amended governments generally only bond your Several comments suggested that we 43 CFR 3501.10(a) to point out that BLM reclamation obligations. BLM bonds for should retain the authorities section will determine if land is chiefly reclamation as well as for the payment from the previous version of the valuable for developing a certain of rental and royalties. If you are regulations. The existing regulations mineral, and that BLM must do so only working in a state where the BLM and now contain a complete list of all the when someone holding a prospecting the state government have developed an statutory authorities which support this permit for sodium, potassium or agreement on bonds, the information part. Also, each commodity section lists sulphur discovers a valuable deposit you file with us must prove that your statutory authorities. In response to and wants a preference right lease to state bond completely covers your these comments, we expanded the mine the deposit. The permit holder responsibilities to BLM, for the entire authorities section at the beginning of does not make ‘‘chiefly valuable’’ life of the BLM bond you would the rule. We deleted the authorities determinations. otherwise need. If you cannot prove section from each commodity section this, or if your state bond is inadequate, because of the way we consolidated the Section 3501.16 we will require you to file an additional rule. However, we included any bond. commodity-specific authority in the One commenter suggested including a The final rule does have provisions general section listing our statutory provision which says that we will for phased bonding in § 3504.60. This authority. determine your priority based on the subpart allows us to adjust your bond as date of your initial permit or lease. We circumstances warrant. It may take some Section 3501.5 have accepted this idea, so that now time after we issue your lease before you Three commenters suggested your priority will be determined by your have gotten all the permits needed to expanding the definitions section at original lease date, even if you have open a mine. You need to have a full section 3501.5 to resemble the existing since renewed it.

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Section 3501.17 Section 3503.11 beneath privately-owned surface, but We received four comments on One comment pointed out that the special covenants may require paragraph (b), which says that BLM or Grand Staircase-Escalante National exceptions to some processes or the surface managing agency must Monument was closed to mineral standards described here. In certain comply with NEPA before issuing any leasing by Presidential Proclamation on cases where a deed covenant requires permit or lease. Two commenters September 18, 1996, subject to valid us, we will make exceptions to these requested definitions of NEPA and existing rights. We added a reference to rules. Our regulations cannot displace ‘‘surface managing agency’’ but we felt the Grand Staircase-Escalante National the terms of a deed that transferred the this was unnecessary. NEPA refers to Monument to § 3503.11. This section of mineral estate to the Federal the National Environmental Policy Act the final rule lists those areas where we Government. of 1969, 42 U.S.C. 4321 et seq. The will not issue a permit or lease. There Section 3503.28 surface managing agency will be the are no existing prospecting permits or Four commenters expressed concern Federal agency responsible for preference right lease applications for over this section, which says that BLM managing the surface estate overlying a the commodities controlled by this rule will specify any stipulations to your leasable mineral area. in the Grand Staircase-Escalante lease that the surface managing agency National Monument, so we will not Section 3502.13 or private surface owner requires. We have to consider preference right leasing revised this section to clarify what One BLM office pointed out that we for these commodities in this area. stipulations we will add to your lease. no longer maintain a list of countries One comment pointed out that we We will add stipulations which BLM which deny U.S. citizens and have no legal authority to issue permits believes are necessary to protect the corporations the opportunity to hold or leases in Ross Lake and Lake Chelan lands and resources. We will also add mineral leases or permits. The National Recreation Areas. We removed those stipulations which a surface procedures implementing the Mineral the reference to these areas in the final managing agency requires as part of its Leasing Act’s alien ownership rule. The proposed rule copied the list consenting role (see § 3503.20). BLM provisions were changed by notice in of lands available for leasing from the may also consider additional the Federal Register (47 FR 27622, June previous rule. We published the stipulations requested by a consulting 25, 1982). This comment is correct, so previous rule in 1986. Congress passed agency or private surface owner, though we deleted the reference to this list from the law that removed the authority to we will only add those stipulations with this section. issue mineral permits or leases in Ross which we agree. Lake and Lake Chelan National Section 3502.25 Recreation Areas in 1988. We have Section 3503.31 We received one question about filing corrected the final rule. For the section concerning how you evidence to show that you are qualified Section 3503.20 should describe unsurveyed lands in to hold a lease or permit. This comment Public Land Survey states, one asked if you have to file evidence with We received a comment asking for commenter asked why we do not allow every application. The final rule clarification of the difference between a you to use GPS mapping to comply with requires that you do. The information ‘‘consenting’’ agency and a ‘‘consulting’’ this requirement. You may use GPS you submit to one BLM office may not one. Depending on the status of the mapping as a tool to fulfill this be shared with another because it stays surface land in question, BLM may need requirement, as long as your survey with your application. Also, your to consult with the surface managing meets or exceeds BLM’s standards for qualifications may change over time. agency, in which case we will seek their accuracy of public land surveys and Therefore, we ask that you submit a opinion but may not be bound by it; or land description. copy of your proof of qualifications with we may need to obtain the surface each application you file. management agency’s consent before we Section 3503.37 may approve your lease or permit Section 3502.30 Two commenters requested that BLM application. If that agency withholds its consider raising the acreage limitations In response to a question we received, consent, we cannot approve your in section 3503.37. We raised the we changed the rule to state that the application. acreage limit for potassium to 96,000 alien provisions apply to hardrock Section 3503.25 acres, but we have not increased any minerals on acquired National Forest other limits because the other limits are lands. One comment suggested that we re- set by statute. word this section to apply these Section 3503.10 regulations to all Federal mineral estate Section 3503.38 This section lists the areas which the underlying private land. We agree and One commenter asked whether BLM, Secretary of the Interior is prohibited by changed this section. BLM will use this when calculating your acreage holdings law from leasing because of their rule to administer leasable minerals on to see if you are within the acreage wilderness values. This includes all Federally-owned mineral estate limits, will count your corporate designated wilderness, Wilderness beneath privately owned surface lands. holdings against you and also against a Study Areas (WSAs), inholdings in In cases where the Federal Government corporate applicant. The answer is yes. wilderness, and lands recommended for has patented the surface while reserving When we are calculating your personal wilderness designation by the surface both the mineral estate and the right to acreage holdings, we will include managing agency. One commenter asked reenter the lands to develop the mineral acreage which is held by corporations in whether this also included lands in estate, we can use these regulations which you own an interest, in Utah that may be reinventoried for directly. Deeds used to transfer land to proportion with your ownership share, wilderness values. BLM is not the Federal Government may contain provided you own at least 10 percent of prohibited by law from leasing these special covenants. To the extent the corporation. We will also charge that lands provided they are otherwise practicable, these rules will be used to same acreage against the corporation available. manage acquired Federal minerals when it applies for a lease or permit. As

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We Indian mineral owner and the submitter have not amended this section to further us drew two comments on this section, if we receive a FOIA request for as well as several comments on other define related products because they are information related to Indian land and discussed in greater detail at 43 CFR sections which require you to submit the requested information may be data to BLM. On this section, 3511.10. Another commenter asked us covered by Exemption 4. The to explain in this section that when the commenters asked us to make the rules Department describes the process we more clear about when and how they United States owns less than the entire use to contact the Indian mineral owner mineral right, BLM will charge you a may ask BLM to protect sensitive and the submitter in the rules at 2 CFR information from release. We expanded pro-rated royalty. We do not believe this 2.15(d). language is necessary. You will be the rule by adding §§ 3503.42 through We may release some information in required to pay the full royalty amount 3503.46 to provide clarification on these case files to the public without a FOIA on all of the Federal production. We access questions. These sections are request if it is not covered by a FOIA recognize that in a situation where the based on a new rule on this subject exemption. You may obtain more Federal Government owns less than the published on October 1, 1998 (61 FR information about how FOIA relates to full mineral estate, we are entitled to 52946). specific information by contacting the royalty for only that portion of the It is the BLM’s policy to make records BLM FOIA Coordinator or Mineral production that is credited to the available to the public to the greatest Specialist in the office where the Federal ownership. We discuss extent possible consistent with the information is kept. intent of the Freedom of Information fractional interest leases more fully in Act (FOIA) (5 U.S.C. 552). We will Section 3504.11 subpart 3509. preserve the confidentiality of The Minerals Management Service Section 3504.25 documents when sound grounds exist (MMS) commented that this section was for invoking one of the nine FOIA not completely accurate: MMS accepts One comment recommended that we exemptions and we will protect postal money orders, negotiable amend this section to require you to pay sensitive information when appropriate instruments and electronic fund minimum royalties in lieu of production under the law. We apply FOIA transfers, in U.S. currency, but they do annually before January 1 for sodium, exemptions to information on a case-by- not accept cash. We revised this section asphalt and potassium, while paying case basis, and do not categorically to refer the reader to the MMS rules. We them before the anniversary date for exempt information. We must process also added language to allow us to other minerals. We agree and changed FOIA requests for mineral resources authorize other payment methods, such the language. information under the FOIA rules of the as electronic fund transfers, should we A comment also suggested we add a Department at 43 CFR part 2 subpart B. develop additional capabilities in the sentence pointing out that hardrock Exemption 4 of FOIA protects trade future. leases, development agreements, and secrets; and commercial or financial operating agreements that are subject to information obtained from a person that Section 3504.15 escalating rentals, are exempt from is privileged or confidential. Exemption MMS also pointed out that rentals for minimum production and royalty 9 of FOIA protects geological and prospecting permits are 50 cents per requirements. We included this geophysical information and data, acre or fraction of an acre. BLM has suggestion in the final rule. including maps, concerning wells. added this additional phrase to make We also changed the language of this Executive Order 12600 and this section more accurate. section to clarify a possible ambiguity in Departmental rules at 43 CFR 2.15(d) the proposed rule about crediting lease generally require notification of, and Section 3504.16 rental against royalties. We use both the consultation with, a submitter when we We received four comments on this term ‘‘production royalty’’ and the term contemplate releasing arguably section, reflecting different ideas about ‘‘minimum royalty in lieu of confidential commercial or financial when rentals should be due after the production’’ in this rule. Lease rental information. If the information is first year of the lease. We proposed can be credited against either form of obviously exempt from disclosure, the using the anniversary date in all cases, royalty in any given lease year. For request may be denied without but as two commenters pointed out, the example, in the case of a 1,000 acre, consulting with the submitter. law requires BLM to use a January 1 non-producing lease in its sixth year, a It helps us complete the FOIA review deadline for sodium, potassium and lessee would owe $1,000 in rental. The of information if you clearly mark the asphalt, and the anniversary date for all lessee would also owe $3,000 in information you consider to be exempt other leasable minerals. We revised this minimum royalty in lieu of production. from release under FOIA before you section to conform with the laws which However, the lessee would receive a submit it. BLM will consider the marked require payment before January 1 for credit for the $1,000 for the rental that information and make it’s access sodium, potassium and asphalt, on or was paid, so the lessee would submit determinations as provided in the before the anniversary date for only an additional $2,000. Therefore, standard public availability of phosphate and before the anniversary since the lessee received a credit for the information provisions of the mineral date for other minerals. rental, the lessee would have paid a rules at 43CFR 3100.4, and 43 CFR We also changed the language of this total of $3,000 to hold the lease in this 2.15(d). BLM also refers to applicable section and in § 3504.25 to clarify how year. If the lessee were then to produce court cases identified in the Department lease rentals are credited against minerals after making the payment of of Justice FOIA Guide when making royalties. Please see the discussion in minimum royalty in lieu of production, determinations. If we intend to release our response to comments for § 3504.25. he or she could receive credit for the

VerDate 22-SEP-99 14:43 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 E:\FR\FM\A01OC0.053 pfrm01 PsN: 01OCR3 53532 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations minimum royalty in lieu of production preference right to a lease through lands where we know that there is a for that year only. So, if the lessee prospecting for Mineral Leasing Act deposit of leasable minerals. In some of produced minerals that accrued a lands. Also, we need to consider if the these areas you may not be interested in royalty obligation of $10,000, the lessee exploration you propose would disclose bidding on a lease because you do not would have a credit for the $3,000 a mineral deposit if one exists. have enough geologic and already paid in minimum royalties in Therefore, in order for us to make a fully environmental data. An exploration lieu of production for that lease year informed decision at the proper time, license provides a way for you to collect and would owe only an additional we need this information with your these data. $7,000. This credit can not be carried prospecting permit application. It is important for the BLM to be forward into later lease years. We decided to keep this section intact involved in the exploration process. in subpart 3505 because these Before we issue a competitive lease we Section 3504.71 requirements are not duplicated need to make some geologic and This section discusses when BLM will elsewhere in these regulations. We also economic decisions. We need to release your bond and free you of any require you to submit exploration plans estimate the environmental impacts of further liability at that site. We said in when you apply for an exploration mining a lease tract before we can issue the proposed rule that you must first license. This final rule sets out the a lease. Also, we need to set the fair take effective measures to ensure that requirements in this section only, and market value of the tract. We must make your activities would not have an subpart 3506, concerning exploration these decisions based on all available, adverse effect on surface or subsurface licenses, refers back to here. relevant data. resources. One commenter proposed BLM will hold data submitted under that we change this language to require Section 3505.501 (Suggested New an exploration license as proprietary as you to assure instead that the effects of Section) allowed by FOIA or until we lease the your activities have been minimized, One commenter suggested adding an deposit. We need the authority to share but we cannot accept this suggestion. additional section between §§ 3505.50 exploration data after we lease the We think minimizing impacts is too and 3505.51 which would require us to deposit because the party who gets the weak a standard. BLM has a duty to see process prospecting permit applications lease and the party who conducted the that your activities will cause no in 180 days, including review by the exploration may be different. We want adverse effects on the land once your surface managing agency. We have the lessee to use all of the available data bond has been released. decided not to include this language. as it develops the lease. Section 3505.30 Each BLM office will strive to process Section 3506.15 applications in a timely manner. When you amend your application to However, because of BLM’s complex One commenter said that BLM should include additional lands, we proposed array of management duties and limited not establish core hole spacing because that we use the date of the amended resources, there is always the possibility permittees and licensees have more application to determine your priority. that some event could occur which experience in doing this. We have not One commenter felt we should use the would make it impossible to meet strict changed this section because of this date of the original application for the deadlines. We need to retain our comment. We may accept your lands in that application, and only flexibility to deal with such situations, suggestions about establishing core hole apply the later date to added lands. while still providing quality customer spacing, but we will remain ultimately However, we feel this would be unfair, service. responsible. We need the authority to and cannot accept this suggestion. We set hole spacing so that exploration review applications as a whole, and Section 3505.62 addresses our priorities for data need to apply a single date to that In our proposed rule, we defined collection. For example, we may have application. If you amend your reasonable diligence under a important questions about ground water application to include additional land, prospecting permit as a function of how on a lease tract. A licensee may be we will use the date you filed your many core holes you drilled, among interested in overburden characteristics. amendment to establish the priority of other actions. This prompted one The location of a drill hole could be your application. If you wish to preserve commenter to point out that other holes, very important to the ground water your earlier date, you can file a separate such as percussion or circulating holes, issue, but not particularly sensitive for application for the new lands. This would also show that you have the overburden issue. We may exercise prevents someone from reordering their diligently explored an area. Therefore, our authority to set hole spacing in this priority on land by attaching the land to we removed the word ‘‘core’’ from this kind of situation. We may also need to an earlier application. section. We will consider any holes you change the location of a hole to protect other resources such as cultural Section 3505.45 drill, as well as other actions you take, to determine if you have been resources. However, we did drop the Two commenters thought our reasonably diligent in your exploration. word ‘‘core’’ from discussions of hole proposed section on what you must spacing. include in your exploration plan was Section 3506.10 unnecessary and too detailed. We One commenter questioned the need Section 3507.25 (Relocated to 3507.19) considered reducing this section, but for exploration licenses. This individual This section has been renumbered as decided that we should not make it any also questioned the BLM’s role in § 3507.19. In response to several shorter or less detailed. BLM needs all exploration licenses. We believe we comments, BLM is modifying the final of this information at the time you are need exploration licenses, but we made rule regarding the agency’s discretion submitting your prospecting permit some changes to clarify the final rule in whether to issue a preference right application, not when the permit is this area. lease. The modification reflects both already issued. We must make a careful We can only issue prospecting underlying statutory differences environmental analysis when deciding permits in areas where we know of no between minerals administered under whether or not to issue a prospecting valuable deposit of leasable minerals. the Mineral Leasing Act (MLA) and permit because you may earn a We must issue competitive leases on minerals on certain acquired lands

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For permit to a lease upon making a permit holder. BLM’s determination example, for phosphate, the statute valuable discovery. Despite this will include consideration of such provides that: statutory difference, BLM adopted one factors as the environmental impacts of full scale mining. As noted above, this (I)f prior to the expiration of the permit the regulation in 1986 applicable to permittee shows to the Secretary that minerals leased under all these rule change simply has the effect of valuable deposits of phosphate have been authorities. 43 CFR 3500.0–3. Thus, making the regulatory language discovered within the area covered by his under this rule, minerals leasable under correspond to BLM’s historical practice permit, the permittee shall be entitled to a Reorganization Plan No. 3 were treated of treating leasable minerals under lease for any or all of the land embraced in under the same preference right leasing Reorganization Plan No. 3 differently, the prospecting permit. system as minerals leasable under the which was accomplished through the 30 U.S.C. 211(b). See also 30 U.S.C. 262 MLA. However, despite this same stipulation in the prospecting permit. (sodium), 272 (sulphur), and 282 regulatory umbrella, BLM historically Section 3508.15 (potash) which have similar provisions. has treated minerals leased under Reorganization Plan No. 3 differently by One commenter suggested that we These MLA sections for minerals other give a detailed description of the than phosphate include the requirement including stipulations in the prospecting permits stating that: various bidding methods that we might that the lands must be ‘‘chiefly use in our competitive lease sales. This valuable’’ for production of the (N)o mineral development of any type is individual also suggested that the particular mineral. The Secretary’s authorized hereby, and consent to the language in the proposed rule seemed to issuance of this prospecting permit as discretion whether to issue the imply that a sealed bidding process is preference right lease therefore required by law and regulation (43 CFR 3500.9–1(b)) is given subject to the express the only bidding method allowed. We effectively is limited to whether the have not changed the final rule in this prescribed statutory standard is met. stipulation that no mineral lease may be issued for the land under permit without the area. For acquired lands, the Mineral prior approval of the USDA Forest Service [in The rule as proposed does not require Leasing Act for Acquired Lands its capacity as surface management agency] a specific bidding method. Section (MLAAL) applies the MLA preference and the proper rendition of an environmental 3508.15(b) requires that we publish the right leasing standards for the same analysis in accordance with the National bidding method we will use in the minerals including phosphate, sodium, Environmental Policy Act (NEPA) of 1969, notice of lease sale. This can include the potassium and sulphur. However, for the findings of which shall determine method used to break ties in bidding. certain acquired lands the Secretary also whether or not and under what terms and We think it important to leave flexibility conditions the lease may be issued. has authority to lease other minerals not in this area of the regulations. BLM subject to the MLAAL. For example, the Thus, BLM made clear that issuance of wants to ensure fair bidding and that we United States acquired certain lands for the prospecting permit would not obtain fair-market value for the lease the Forest Service under the Weeks Act necessarily entitle the permit holder to tract. The methods needed to achieve of 1911, 16 U.S.C. 520, and the a lease. Through this stipulation the this can vary from place to place and Bankhead-Jones Act, 7 U.S.C.1010. Secretary retained discretion whether to time to time. Since the rule requires that Originally, the authority to lease issue the lease and also specified that we publish the bidding method in minerals underlying those lands was lease issuance was contingent on Forest advance of the sale, all interested parties vested in the Secretary of Agriculture. Service approval and further NEPA will receive notice of the method we However, under Reorganization Plan analysis of full scale mining. This intend to use. No. 3 of 1946, 5 U.S.C. App. 1, the stipulation was not included in MLA leasing authority for certain of these (and MLAAL) mineral prospecting Section 3509.11 minerals was transferred to the permits. One comment suggested that we add Secretary of the Interior. Under this We received comments from the language to the rule saying that we may authority, the Secretary may issue Forest Service and the National Park reject a lease application because of prospecting permits and leases for Service recommending that this final tangible and intangible environmental certain hardrock minerals such as lead, rule should reflect the difference considerations. If we were to adopt this gold, silver, etc. Any decision to lease between the minerals BLM administers suggestion, we would have to more must be consistent with the purposes of under the MLA scheme and precisely define our use of the phrase the statute under which the lands were Reorganization Plan No. 3, consistent ‘‘in the public interest.’’ We have acquired or are being administered, and with BLM historical practice. We agree chosen not to adopt this suggestion and the Secretary of the Interior must obtain with this comment. Therefore, in have not changed the final rule. We the surface managing agency’s consent subpart 3507 of the final rule, we have intend for the phrase ‘‘in the public before issuing a lease. See clarified the prior language to interest’’ to imply a consideration of the Reorganization Plan No. 3 of 1946 distinguish between the MLA (and potential environmental costs of mineral Section 402 (5 U.S.C. Appendix). The MLAAL) minerals and Reorganization development. It is our duty to balance Secretary’s decision to lease, or the Plan No. 3 minerals. For the former, the potential benefits of mineral surface managing agency’s consent, may finding a valuable deposit under the development against the potential be based on the inclusion of protective prospecting permit more or less entitles environmental consequences of that stipulations. However, the Secretary has the permit holder to a preference right development when we decide that the complete discretion whether to issue a lease, subject to the ‘‘chiefly valuable’’ approval of an application is in the prospecting permit which necessarily determination. For minerals leasable public interest. In § 3515.15(c), we list

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You may file your application Section 3509.12 with us at any time; however, the relief Section 3510.21 (Relocated to 3511.11) One commenter pointed out that it is described in this section (which has inaccurate to refer in this section to the This section discusses the conditions been relocated and renamed) does not ‘‘person who has a present interest in for producing sodium chloride depend solely on your financial minerals * * *’’ because there can be commingled with your calcium chloride situation. Therefore, we will not change more than one owner. We made this deposit. One person suggested that this section to reflect whether you have change. royalties should be limited to two or experienced a problem yet or not, three percent of the gross value of the Section 3509.18 (New Section) because we do not base our decision sodium, and that BLM should not apply solely on this criterion. Rather, BLM One commenter pointed out that we royalties retroactively. We have not may waive or reduce your obligations if provided no means to resolve situations proposed collecting royalties doing so is in the interest of where more than one qualified party retroactively, nor will we in this rule. conservation, will encourage the applied for a future interest lease. Based However, we will not accept the greatest ultimate recovery of the on this comment, we added a section suggestion to place a limit on the royalty resource, and is necessary either to that requires us, when we receive a rate. That rate must be determined promote mineral development or will future interest lease application, to based on the circumstances particular to allow the lease to be successfully notify all present interest owners and the site, just as we determine royalties operated. give them a chance to apply for a future for all other leases. This is because BLM interest lease. We would then hold a has an obligation to collect fair market Sections 3512.20 and 3512.30 competitive lease sale among the value for the use of public resources. (Relocated to 3513.20 and 3513.30) qualified applicants. We believe this We received several comments on change is needed so that our process is Section 3511.11 (Suggested New Section) these sections. Some comments fair to all present interest holders. questioned BLM’s authority to initiate One person suggested that we add a Section 3509.40 to 3509.51 (New Suspensions of Operations and section at the beginning of subpart 3511 Sections) Production. Other comments requested stating that leases will contain One commenter pointed out that we small changes to the rule text. We provisions to change the name on a changed the language in the final rule so had omitted regulations on fractional lease by having the new lessee send interest leasing. This was an oversight the difference between Suspension of notice. We cannot do this, for several Operations and Production and in the proposed rule. We added these reasons. First, we must hear from the sections to address fractional interest Suspension of Operations is more clear. original lessee so that we can be sure a We made other small changes in the leasing. The fractional interest leasing proper assignment agreement exists. section is similar to the language on final rule and moved these subparts to Second, BLM must approve the new 3513.20 and 3513.30. future interest leasing. lessee before the transfer can take place, The two kinds of suspensions have including verifying that bonding is Section 3510.20 (Relocated to 3511.10) different purposes and effects. To bring adequate and that the new lessee is attention to the differences between the One commenter suggested that we qualified to hold the lease. Finally, we suspensions we added the label add language to this section to address must verify that the original lessee has Conservation Concerns to the hardrock mineral leases. We did not paid all royalties before we can approve subheading Suspensions of Operations change the text in the final rule, any assignment or sublease. although we did move this section to and Production. We added the label § 3511.10 as part of our reorganization Subpart 3512 (Relocated to Subpart Economic Concerns to the subheading of subparts 3510 through 3514. This 3513) Suspension of Operations. section of the regulations describes One commenter suggested that we Suspensions of Operations and BLM’s special authorities to issue leases change the term ‘‘minimum royalties’’ Production (Conservation Concerns) to mine more than one commodity in the name of this subpart and all other derive from 30 U.S.C. 209. This section under a mineral lease. The intent of this places to ‘‘advance royalties’’. This term of the Mineral Leasing Act gives the section is to bring attention to certain refers to minimum royalties in lieu of Secretary the authority to either direct commodities we lease only because of production. The term ‘‘advanced or assent to Suspensions of Operation their association with a leasable royalties’’ is used in our coal regulations and Production (Conservation mineral. For example, you would for a lease obligation with a different Concerns). Conservation concerns apply normally develop limestone under our statutory source. We did not make this to a broad variety of resources including mineral materials program or under the change because we do not wish to conservation of the leased mineral and authority of the general mining law. confuse this phrase with the phrase other resources. A Suspension of However, if you develop limestone on used in our coal rules. Operations and Production your lease to support phosphate (Conservation Concerns) suspends the processing, your lease includes the Section 3512.15 (Relocated to 3513.15) obligations of the lessee to produce the limestone and you pay a royalty on its One reader asked whether you can mineral, to pay royalty in lieu of production. This is a special provision apply to have your rental, royalty, or production, and to pay rental. The of the Mineral Leasing Act. We do not minimum production obligations suspension also extends the term of the need to make a similar distinction for reduced in anticipation of a problem, or lease by the amount of time the hardrock minerals, because on lands whether you must wait until you suspension is in effect.

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The lessee must initiate a Suspension your application meets all of our documents by contacting us at the of Operations (Economic Concerns). The requirements. We must also determine addresses listed above (see ADDRESS). Mineral Leasing Act mentions that the lands are available for leasing We also determined that the rule will Suspensions of Operations affecting and the conditions for fringe acreage have no impact, or will only marginally phosphate leases at 30 U.S.C. 212, and leasing have been met. benefit, the following critical elements such suspensions affecting potash leases Subpart 3515 of the human environment as defined in at 30 U.S.C. 283. Our authority for the BLM National Environmental Policy suspensions of operations for other The proposed rule changed the Handbook (H–1790–1, appendix 5): Air commodities derives from the provision that confined lease exchanges quality, areas of critical environmental Secretary’s general authority to issue to those involving leases of concern, cultural resources, Native regulations found at 30 U.S.C. 189. The ‘‘comparable’’ value to ‘‘equal’’ value. American religion concerns, threatened Secretary may permit a Suspension of One commenter objected to this change, or endangered species, hazardous or Operations (Economic Concerns) if the while another supported it. The statute solid waste, water quality, prime and lessee shows that the lease can only be requires BLM to use the ‘‘equal’’ value unique farmlands, wetlands, riparian operated at a loss because of market standard. The objecting commenter felt zones, wild and scenic rivers, conditions. A Suspension of Operations that this would be too inflexible and environmental justice and wilderness. (Economic Concerns) suspends the delay exchanges while we got bogged obligations of the lessee to produce the down determining the exact dollar Paperwork Reduction Act mineral, and to pay royalty in lieu of amounts involved. However, we do not We have determined that this rule production. The lessee must still pay agree. We have enough flexibility in this complies with requirements under the the annual rental and the suspension area because these regulations allow us Paperwork Reduction Act (44 U.S.C. does not extend the term of the lease. to make or accept equalization 3501), since we are not significantly Section 3512.26 (Relocated to 3513.26) payments and we can even waive altering current policy. This rule equalization payments when the contains no information collections that One comment on this section said that difference in the values of the leases is require approval by OMB. during Suspensions of Operations and less than three percent or $15,000. Production (Conservation Concerns), Regulatory Flexibility Act Section 3516.10 MMS may allow credit towards future BLM certifies that this rule will not payments if you paid rental or royalties One comment pointed out that use have a significant economic effect on a while the suspension was in force. We permits are not available on lands substantial number of small entities as made the change suggested by this administered by the National Park defined under the Regulatory Flexibility comment. Service. We have changed this section Act (5 U.S.C. 601 et seq.). The revised Section 3513.11 (Relocated to 3514.11) to state that use permits are only regulations will not significantly change available on unentered, unappropriated, One comment suggested we change the mineral leasing program operations. BLM-administered land. this text to say BLM ‘‘accepts’’ Therefore, a final Regulatory Flexibility relinquishments, rather than Section 3517.10 Analysis and Small Entity Compliance ‘‘approving’’ them. Another comment Guide is not required. One commenter suggested BLM might In accordance with Small Business on this section suggested we add add provisions to the section on language that says you will be free from Administration regulations at 13 CFR development contracts and processing 121.201, a ‘‘small entity’’ in this section continuing obligations after BLM has and milling arrangements, covering accepted your relinquishment. We did is an individual, limited partnership, or topics like contract duration, renewals, small company with fewer than 500 not make these changes. We believe we readjustments and financial obligations. must approve relinquishments so that employees or less than $5 million in However, we have not made any revenue and considered to be at ‘‘arm’s we can prevent high-grading of mineral changes to this effect. BLM handles deposits and other damage to resources. length’’ from the control of any parent these details on a case-by-case basis, so companies. Also, when BLM approves your regulations would be inappropriate. relinquishment, you are not free from Small Business Regulatory Enforcement the obligations you accrued during the IV. Procedural Matters Fairness Act term of your lease. You may still be National Environmental Policy Act responsible for outstanding payment We have determined that this rule is obligations, reclamation and other BLM has prepared an environmental not a major rule under the Small continuing duties. assessment (EA) and has found that the Business Regulatory Enforcement final rule would not constitute a major Fairness Act (5 U.S.C. 804(2)). As Subpart 3514 (Relocated to Subpart federal action significantly affecting the explained above, we are not making 3510) quality of the human environment significant alterations to current policy. One comment suggested that we under section 102(2)(C) of the National This rule: change the regulations on fringe acreage Environmental Policy Act of 1969, 42 a. Does not have an annual effect on leases to require that fringe acreage U.S.C. 4332(2)(C). This rule, as the economy of $100 million or more; lessees get a prospecting permit first, discussed above, is limited to changes b. Will not cause a major increase in and that BLM or the surface owner that will help mineral leasing programs costs or prices for consumers, should grant prospecting permits operate more efficiently, and to non- individual industries, Federal, State, or whenever the lessee notifies us of its substantive changes to how the rule is local government agencies, or intent to prospect. We have not made written and organized. BLM has placed geographic regions; and any changes based on this comment. We the EA and the Finding of No c. Does not have significant adverse issue fringe acreage leases for known Significant Impact (FAIENCE) on file in effects on competition, employment, deposits. Prospecting permits are not the BLM Administrative Record at the investment, productivity, innovation, or needed for these leases. You can get a address specified previously. BLM the ability of U.S.-based enterprises to noncompetitive fringe acreage lease if invites the public to review these compete with foreign-based enterprises.

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Unfunded Mandates Reform Act Executive Order 12988 43 CFR Part 3560 We have determined that this rule is We have determined that this rule Government contracts, Mineral not a significant regulatory action under does not unduly burden the judicial royalties, Public lands-mineral the Unfunded Mandates Reform Act (2 system and therefore, meet the resources, Surety bonds. requirements under the Civil Justice U.S.C. 1501 et seq.) Because it does not 43 CFR Part 3570 result in the expenditure by the State, Reform (Executive Order 12988, local and tribal governments, in the sections 3(a) and 3(b)(2)). As explained Environmental protection, aggregate, or by the private sector of above, no significant changes are being Government contracts, Indians-lands, $100 million or more in any one year. made to current policy. Mines, Public lands-mineral resources, As explained above, we are not making Executive Order 12612 Reporting and record keeping significant alterations to current policy, requirements. We have determined that this rule and therefore, do not need to complete does not have significant federalism Dated: September 23, 1999. a Small Government Agency Plan. This effects. As explained above, we are not Sylvia V. Baca, rule: significantly changing BLM policy, and Assistant Secretary—Land and Minerals a. Will not ‘‘significantly or uniquely’’ therefore, a Federalism Assessment is Management. affect small governments; and not required. This rule does not change Accordingly, BLM amends 43 CFR b. Will not produce a Federal mandate the role or responsibilities between Chapter II as follows: of $100 million or greater in any year. Federal, State, and local governmental 1. Remove parts 3500, 3510, 3520, entities; does not relate to the structure Executive Order 12630 3530, 3540, 3550, 3560, 3570 and the and role of States or have direct, heading ‘‘Group 3500—Management of The final rule does not represent a substantive, or significant effects on Solid Minerals Other Than Coal.’’ government action capable of interfering States; and does not intend to address 2. Revise part 3500 to read as follows: with constitutionally protected property the relationship between the United rights. Section 2(a)(1) of Executive States and any other non-Federal PART 3500ÐLEASING OF SOLID Order 12630 specifically exempts governmental entity. MINERALS OTHER THAN COAL AND actions abolishing regulations or Government-to-Government OIL SHALE modifying regulations in a way that Relationship With Tribes lessens interference with private Subpart 3501ÐLeasing of Solid property use from the definition of We have considered the impact of this Minerals Other Than Coal and Oil ‘‘policies that have takings rule on the interests of Tribal Shale-General implications.’’ Since the primary governments under the President’s function of the final rule is to abolish memorandum of April 29, 1994, Sec. ‘‘Government-to-Government Relations 3501.1 What is the authority for this part? unnecessary regulations, there will be 3501.2 What is the scope of this part? no private property rights impaired as a with Native American Tribal Governments’’ (59 FR 22951) and the 3501.5 What terms do I need to know to result. Therefore, the Department of the understand this part? Interior has determined that the rule Department of Interior Manual (512 DM 3501.10 What types of mineral use would not cause a taking of private 2). Since this rule does not propose authorizations can I get under these property or require further discussion of significant changes to BLM policy, we rules? takings implications under this have determined that the government- 3501.16 Does my permit or lease grant me Executive Order. to-government relationships should an exclusive right to develop the lands remain unaffected. covered by the permit or lease? Executive Order 12866 3501.17 Are there any general planning or List of Subjects environmental considerations that affect BLM has determined that this rule is 43 CFR Part 3500 issuance of my permit or lease? not a significant regulatory under 3501.20 If BLM approves my application for Regulatory Planning and Review Bonds, Government contracts, a use authorization under this part, when (Executive Order 12866); however, the Mineral royalties, Public lands-mineral does it become effective? Office of Management and Budget resources, Reporting and record keeping 3501.30 May I appeal BLM’s decisions (OMB) makes the final decision. Since requirements. under this part? the new regulations will not make 43 CFR Part 3510 Subpart 3502ÐQualification Requirements significant policy changes, this rule; Public lands-mineral resources, Lease Qualifications a. Will not have an annual effect on Reporting and record keeping 3502.10 Who may hold permits and leases? the economy of $100 million or more or requirements. 3502.13 May foreign citizens hold permits adversely affect the economy in a or leases? material way, a sector of the economy, 43 CFR Part 3520 3502.15 Are there any additional productivity, competition, hobs, the Government contracts, Public lands- restrictions on holding leases or interests environment, public health or safety, or mineral resources. in leases? State, local or Tribal governments or 3502.20 Will BLM issue a lease to me if I communities; 43 CFR Part 3530 am not complying with the diligence requirements of the Mineral Leasing Act? b. Will not create inconsistencies with Government contracts, Mineral other agencies; royalties How To Show Lease Qualifications c. Will not materially affect 43 CFR Part 3540 3502.25 Where do I file evidence that I am qualified to hold a permit or lease? entitlements, grants, loan programs, or Land Management Bureau, Public rights and obligations of their recipients; 3502.26 May I supplement or update my lands-mineral resources qualifications statement? and 3502.27 If I am an individual, what d. Will not raise novel legal or policy 43 CFR Part 3550 information must I give BLM in my issues. Public lands-mineral resources. qualifications statement ?

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3502.28 If I am an association or a 3503.33 Will BLM issue me a lease for 3504.66 Must I restore my bond to the full partnership, what information must I unsurveyed lands? amount if payment has been made from give BLM in my qualifications my bond? statement? Acreage Amounts 3504.70 When will BLM terminate the 3502.29 If I am a guardian or trustee for a 3503.36 Are there any size or shape period of liability of my bond? trust holding on behalf of a beneficiary, limitations on the lands I can apply for? 3504.71 When will BLM release my bond? what information must I give BLM in my 3503.37 Is there a limit to the acreage of Subpart 3505ÐProspecting Permits qualifications statement? lands I can hold under permits and 3502.30 If I am a corporation, what leases? 3505.10 What is a prospecting permit? information must I give BLM in my 3503.38 How does BLM compute my 3505.11 Do I need a prospecting permit to qualifications statement? acreage holdings? collect mineral specimens for non- commercial purposes? Special Situations and Additional Concerns Filing Applications Applying for Prospecting Permits 3502.33 If I represent an applicant as an 3503.40 Where do I file my permit or lease attorney-in-fact, do I have to submit application and other necessary 3505.12 How do I obtain a prospecting anything to BLM? documents? permit? 3502.34 What must I submit if there are 3503.41 Will BLM disclose information I 3505.13 What must my application other parties in interest? submit under these regulations? include? 3502.40 What happens if an applicant or 3503.42 When I submit confidential, 3505.15 Is there an acreage limit for my successful bidder for a permit or lease proprietary information, how can I help application? dies before the permit or lease is issued? ensure it is not available to the public? 3505.25 How does BLM prioritize 3502.41 What happens to a permit or lease 3503.43 How long will information I give applications for prospecting permits? if the permittee or lessee dies? BLM remain confidential or proprietary? 3505.30 May I amend or change my 3502.42 What happens if the heir is not 3503.44 How will BLM treat Indian application after I file it? qualified? information submitted under the Indian 3505.31 May I withdraw my application after I file it? Subpart 3503ÐAreas Available for Leasing Mineral Development Act? 3503.45 How will BLM administer 3505.40 After submitting my application, Available Areas Under BLM Management information concerning other Indian do I need to submit anything else? 3505.45 What is an exploration plan? 3503.10 Are all Federal lands available for minerals? 3505.50 How will I know if BLM has leasing under this part? 3503.46 When will BLM consult with approved or rejected my application? 3503.11 Are there any other areas in which Indian mineral owners when information 3505.51 May I file a revised application if I cannot get a permit or lease for the concerning their minerals is the subject BLM rejects my original application? minerals covered by this part? of a FOIA request? 3503.12 For what areas may I receive a Subpart 3504ÐFees, Rental, Royalty and Prospecting Permit Terms and Conditions sulphur permit or lease? Bonds 3505.55 What are my obligations to BLM 3503.13 For what areas may I receive a under an approved prospecting permit? hardrock mineral permit or lease? General Information 3505.60 How long is my prospecting permit 3503.14 For what areas may I get a permit 3504.11 What forms of payment will BLM in effect? or lease for asphalt? and MMS accept? 3505.61 May BLM extend the term of my 3503.15 May I lease the gold or silver 3504.12 What payments do I send to BLM prospecting permit? reserved to the United States on land I and what payments do I send to MMS? 3505.62 Under what conditions will BLM hold under a private land claim in New extend my prospecting permit? Mexico? Rentals 3505.64 How do I apply for an extension? 3503.16 May I obtain permits or leases for 3504.15 How does BLM determine my rent? 3505.65 What information must I include in sand and gravel in Nevada under the 3504.16 When is my rental due after the my extension request? terms of this part? first year of the lease? 3505.66 If approved, when is my extension Available Areas Managed by Others 3504.17 What happens if I do not pay my effective? rental in on time? 3505.70 May I relinquish my prospecting 3503.20 What if another Federal agency permit? manages the lands I am interested in? Royalties 3505.75 What happens if I fail to pay the 3503.21 What happens if the surface of the 3504.20 What are the requirements for rental? land I am interested in belongs to a non- paying royalties on production? 3505.80 What happens when my permit Federal political subdivision or expires? charitable organization? 3504.21 What are the minimum the royalty 3505.85 May BLM cancel my prospecting 3503.25 When may BLM issue permits and rates? permit for reasons other than failure to leases for Federal minerals underlying 3504.22 How will I know what the royalty pay rental? private surface? rate is on my lease production? 3503.28 Does BLM incorporate any special 3504.25 Do I have to produce a certain Subpart 3506ÐExploration Licenses requirements to protect the lands and amount per year? resources? 3504.26 May I create overriding royalties on General Information my Federal lease? 3506.10 What is an exploration license? Land Descriptions Bonding 3503.30 How should I describe surveyed Applying for and Obtaining Exploration lands or lands shown on protraction or 3504.50 Do I have to file a bond to receive Licenses amended protraction diagrams in states a permit or lease? 3506.11 What must I do to obtain an which are part of the Public Land Survey 3504.51 How do I file my bond? exploration license? System? 3504.55 What types of bonds are 3506.12 Who prepares and publishes the 3503.31 How should I describe lands in acceptable? notice of exploration? states which are part of the Public Land 3504.56 If I have more than one permit or 3506.13 What information must I provide to Survey System but have not been lease, may I combine bond coverage? BLM to include in the notice of surveyed and are not shown on a 3504.60 Under what circumstances might exploration? protraction or amended protraction BLM elect to change the amount of my 3506.14 May others participate in the diagram? bond? exploration program? 3503.32 How should I describe acquired 3504.65 What happens to my bond if I do 3506.15 What will BLM do in response to lands? not meet my permit or lease obligations? my exploration license application?

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Terms; Modifications 3509.47 What information must I include in Effect of Assignment on Your Obligations 3506.20 After my license is issued, may I my application for a fractional interest 3512.25 If I assign my permit or lease, when modify my license or exploration plan? prospecting permit or lease? do my obligations under the permit or 3506.25 Once I have a license, what are my 3509.48 What will BLM do after it receives lease end? responsibilities? my application for a fractional interest 3512.30 What are the responsibilities of a lease? sublessor and a sublessee? Subpart 3507ÐPreference Right Lease 3509.49 What terms and conditions apply 3512.33 Does an assignment or sublease Applications to my fractional interest prospecting alter the permit or lease terms? 3507.11 What must I do to obtain a permit or lease? preference right lease? 3509.50 Under what conditions would BLM Subpart 3513ÐWaiver, Suspension or 3507.15 How do I apply for a preference reject my application for a fractional Reduction of Rental and Minimum Royalties interest prospecting permit or lease? right lease? Rental and Royalty Reductions 3507.16 Is there a fee or payment required 3509.51 May I withdraw my application for with my application? a fractional interest prospecting permit 3513.11 May BLM relieve me of the lease or lease? 3507.17 What information must my requirements of rental, minimum royalty, or production royalty while preference right lease application Subpart 3510ÐNoncompetitive Leasing: continuing to hold the lease? include? Fringe Acreage Leases and Lease 3507.18 What do I need to submit to show Modifications 3513.12 What criteria does BLM consider in that I have found a valuable deposit? approving a waiver, suspension, or 3510.11 If I already have a Federal lease, or reduction in rental or minimum royalty, 3507.19 Under what circumstances will the mineral rights on adjacent private or a reduction in the royalty rate? BLM reject my application? lands, may I lease adjoining Federal 3513.15 How do I apply for reduction of 3507.20 May I appeal BLM’s rejection of my lands that contain the same deposits rental, royalties or minimum preference right lease? without competitive bidding? production? Subpart 3508ÐCompetitive Lease 3510.12 What must I do to obtain a lease Applications modification or fringe acreage lease? Suspension of Operations and Production 3510.15 What will BLM do with my (Conservation Concerns) 3508.11 What lands are available for application? competitive leasing? 3513.20 What is a suspension of operations 3510.20 Do I have to pay a fee to modify my and production (conservation concerns)? 3508.12 How do I get a competitive lease? existing lease or obtain a fringe acreage 3513.21 What is the effect of a suspension 3508.14 How will BLM publish the notice lease? of operations and production of lease sale? 3510.21 What terms and conditions apply (conservation concerns)? 3508.15 What information will the detailed to fringe acreage leases and lease 3513.22 How do I apply for a suspension of statement of the lease sale terms and modifications? operations and production (conservation conditions include? concerns)? 3508.20 How will BLM conduct the sale Subpart 3511ÐLease Terms and Conditions 3513.23 May BLM order a suspension of and handle bids? 3511.10 Do certain leases allow me to mine operations and production (conservation 3508.21 What happens if I am the other commodities as well? concerns)? successful bidder? 3511.11 If I am mining calcium chloride, 3513.25 When will my suspension of 3508.22 What happens if BLM rejects my may I obtain a noncompetitive mineral operations and production (conservation bid? lease to produce the commingled sodium concerns) take effect? chloride? Subpart 3509ÐFractional and Future 3511.12 Are there standard terms and 3513.26 When and how does my Interest Lease Applications conditions which apply to all leases? suspension of operations and production (conservation concerns) expire or 3509.10 What are future interest leases? 3511.15 How long will my lease be in terminate? 3509.11 Under what conditions will BLM effect? issue a future interest lease to me? 3511.25 What is meant by lease Suspension of Operations (Economic 3509.12 Who may apply for a future interest readjustment and lease renewal? Concerns) lease? 3511.26 What if I object to the terms and 3513.30 What is a suspension of operations conditions BLM proposes for a 3509.15 Do I have to pay for a future (economic concerns)? interest lease? readjusted lease? 3511.27 How do I renew my lease? 3513.31 What is the effect of a suspension 3509.16 How do I apply for a future interest of operations (economic concerns)? lease? 3511.30 If I appeal BLM’s proposed new terms, must I continue paying royalties 3513.32 How do I apply for a suspension of 3509.17 What information must I include in operations (economic concerns)? my application for a future interest or rentals while my appeal is pending? 3513.33 When will my suspension of lease? Subpart 3512ÐAssignments and Subleases operations (economic concerns) take 3509.18 What will BLM do after it receives effect? my application for a future interest How To Assign Leases 3513.34 When and how does my lease? 3512.11 Once BLM issues me a permit or suspension of operations (economic 3509.20 When does my future interest lease lease, may I assign or sublease it? concerns) expire or terminate? take effect? 3512.12 Is there a fee for requesting an 3509.25 For what reasons will BLM reject assignment or sublease? Subpart 3514ÐLease Relinquishments and my application for a future interest 3512.13 How do I assign my permit or Cancellations lease? lease? Relinquishing Your Lease 3509.30 May I withdraw my application for 3512.16 How do I sublease my lease? a future interest lease? 3512.17 How do I transfer the operating 3514.11 May I relinquish my lease or any 3509.40 What are fractional interest rights in my permit or lease? part of my lease? prospecting permits and leases? 3514.12 What additional information 3509.41 For what lands may BLM issue Special Circumstances and Obligations should I include in a request for partial fractional interest prospecting permits 3512.18 Will BLM approve my assignment relinquishment? and leases? or sublease if I have outstanding 3514.15 Where do I file my relinquishment? 3509.45 Who may apply for a fractional liabilities? 3514.20 When is my relinquishment interest prospecting permit or lease? 3512.19 Must I notify BLM if I intend to effective? 3509.46 How do I apply for a fractional transfer an overriding royalty to another 3514.21 When will BLM approve my interest prospecting permit or lease? party? relinquishment?

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Cancellations, Forfeitures, and Other Subpart 3501ÐLeasing of Solid as amended by the Act of June 5, 1936 Situations Minerals Other Than Coal and Oil (49 Stat. 1482) and the Act of June 29, 3514.25 When does my lease expire? ShaleÐGeneral 1936 (49 Stat. 2026). 3514.30 May BLM cancel my lease? (3) National Park Service Areas. 3514.31 May BLM waive cancellation or § 3501.1 What is the authority for this Congress authorized mineral leasing, forfeiture? part? including the leasing of nonleaseable 3514.32 Will BLM give me an opportunity The statutory authority for the minerals in the manner prescribed by to remedy a violation of the lease terms? regulations in this group is as follows: section 10 of the Act of August 4, 1939 3514.40 What if I am a bona fide purchaser (a) Leasable minerals—(1) Public (43 U.S.C. 387), in the following and my lease is subject to cancellation? domain. The Mineral Leasing Act of national recreation areas: Subpart 3515ÐMineral Lease Exchanges 1920, as amended (30 U.S.C. 181 et (i) Lake Mead National Recreation seq.). Area—The Act of October 8, 1964 (16 Lease Exchange Requirements (2) Acquired lands. The Mineral U.S.C. 460n-et seq.); 3515.10 May I exchange my lease or lease Leasing Act for Acquired Lands of 1947, (ii) Whiskeytown Unit of the right for another mineral lease or lease as amended (30 U.S.C. 351–359) and the Whiskeytown-Shasta-Trinity National right? Act of June 28, 1944 (58 Stat. 483–485) Recreation Area—The Act of November 3515.12 What regulatory provisions apply if for those lands reserved from allotment 8, 1965 (16 U.S.C. 460q-et seq.); I want to exchange a lease or lease right? by section 58 of the supplemental (iii) Glen Canyon National Recreation 3515.15 May BLM initiate an exchange? agreement of 1902 (32 Stat. 654) with Area—The Act of October 27, 1972 (16 3515.16 What standards does BLM use to the Choctaw-Chickasaw Nation of U.S.C. 460dd et seq.). assess the public interest of an exchange? Indians. Congress ratified the purchase (4) Shasta-Trinity Units of the 3515.18 Will I be notified when BLM is Whiskeytown-Shasta-Trinity National considering initiating an exchange that contract in the Act of June 24, 1948 (62 will affect my lease? Stat. 596) and appropriated funds for Recreation Area. Section 6 of the Act of the purchase in the Act of May 24, 1949 November 8, 1965 (16 U.S.C. 460q-et Types of Lease Exchanges (63 Stat. 76). seq.) authorizes mineral leasing, 3515.20 May I exchange preference rights? (b) Hardrock minerals. including the leasing of nonleasable 3515.21 What types of lands can be (1) Section 402 of Reorganization Plan minerals in the manner prescribed by exchanged? No. 3 of 1946 (5 U.S.C. Appendix) section 3 of the Act of September 1, 3515.22 What if the lands to be exchanged transferred the functions of the 1949 (30 U.S.C. 192c), on lands within are not of equal value? Secretary of Agriculture for the leasing the Shasta-Trinity Units of the Lease Exchange Procedures or other disposal of minerals to the Whiskeytown-Shasta-Trinity National Secretary of the Interior for lands Recreation Area. 3515.23 May BLM require me to submit additional information? acquired under the following statutes: (5) White Mountains National 3515.25 Is BLM required to publish notice (i) The Act of March 4, 1917 (16 Recreation Area. Sections 403, 404, and or hold a hearing? U.S.C. 520); 1312 of the Alaska National Interest 3515.26 When will BLM make a decision (ii) Title II of the National Industrial Lands Conservation Act (16 U.S.C. on the exchange? Recovery Act of June 16, 1933 (40 U.S.C. 460mm–2 through 460mm–4) authorize 3515.27 Will BLM attach any special 401, 403(a) and 408); the Secretary of the Interior to permit provisions to the exchange lease? (iii) The 1935 Emergency Relief the removal of the nonleasable minerals Appropriation Act of April 8, 1935 (48 Subpart 3516ÐUse Permits from lands or interests in lands within Stat. 115, 118); the recreation area in the manner 3516.10 What are use permits? (iv) Section 55 of Title I of the Act of described by section 10 of the Act of 3516.11 What kinds of permits or leases August 24, 1935 (49 Stat. 750, 781); August 4, 1939, as amended (43 U.S.C. allow use permits? (v) The Act of July 22, 1937 (50 Stat. 387), and the removal of leasable 3516.12 What activities may I conduct 522, 525, 530), as amended July 28, under a use permit? minerals from lands or interest in lands 1942 (7 U.S.C. 1011(c) and 1018); and within the recreation area in accordance 3516.15 How do I apply for a use permit? (vi) Section 3 of the Act of June 28, 3516.16 What must I include with my with the mineral leasing laws. application? 1952 (66 Stat. 285). (d) Land management. The Federal 3516.20 Is there an annual fee or charge for (2) Section 3 of the Act of September Land Policy and Management Act of use of the lands? 1, 1949 (30 U.S.C. 192c) authorized the 1976 (43 U.S.C. 1701 et seq.) authorizes 3516.30 What happens if I fail to pay the issuance of mineral leases or permits for the management and use of the public annual rental on my use permit? the exploration, development and lands. utilization of minerals, other than those (e) Fees. The Independent Offices Subpart 3517ÐHardrock Mineral covered by the Mineral Leasing Act for Development Contracts; Processing and Appropriation Act (31 U.S.C. 9701) Milling Arrangements Acquired Lands, in certain lands added authorizes agencies to charge fees to to the Shasta National Forest by the Act recover the costs of providing services 3517.10 What are development contracts of March 19, 1948 (62 Stat. 83). or things of value. and processing and milling (3) The Act of June 30, 1950 (16 arrangements? § 3501.2 What is the scope of this part? 3517.11 Are permits and leases covered by U.S.C. 508(b)) authorizes leasing of the approved agreements exempt from the hardrock minerals on National Forest (a) This part applies to minerals other acreage limitations? lands in Minnesota. than oil, gas, coal and oil shale, leased 3517.15 How do I apply for approval of one (c) Special acts. (1) Gold, silver or under the mineral leasing acts, and to of these agreements? quicksilver in confirmed private land hardrock minerals leasable under 3517.16 How does BLM process my grants are covered by the Act of June 8, Reorganization Plan No. 3 of 1946, on application? 1926 (30 U.S.C. 291–293). any unclaimed, undeveloped area of Authority: 5 U.S.C. 552; 30 U.S.C. 189 and (2) Reserved minerals in lands available public domain or acquired 192c, 43 U.S.C. 1733 and 1740; and sec. 402, patented to the State of California for lands where leasing of these specific Reorganization Plan No. 3 of 1946 (5 U.S.C. parks or other purposes are covered by minerals is allowed by law. Special appendix). the Act of March 3, 1933 (47 Stat. 1487), areas identified in part 3580 of this title

VerDate 22-SEP-99 14:43 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 E:\FR\FM\A01OC0.063 pfrm01 PsN: 01OCR3 53540 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations and asphalt on certain lands in See the subparts referenced in each reasonable efforts to avoid interference Oklahoma also are leased under this subsection for more information. with other authorized uses. In cases part. Check part 3580 to identify any (a) ‘‘Prospecting permits’’ let you where the date of the lease is used to special provisions that apply to those explore for leasable mineral deposits on determine priority for development and special areas. lands where BLM has determined that a lease is renewed, BLM will use the (b) This part does not apply to Indian prospecting is needed to determine the effective date of the original lease to lands or minerals except where existence of a valuable deposit. See determine priority for development. expressly noted. subpart 3505 of this part. (b) ‘‘Exploration licenses’’ let you § 3501.17 Are there any general planning § 3501.5 What terms do I need to know to explore in areas with known deposits of or environmental considerations that affect issuance of my permit or lease? understand this part? a leasable mineral to obtain data. With You need to know the following an exploration license, you do not get (a) BLM will not issue you a permit terms, which are used frequently in this any preference or other right to a lease. or lease unless it conforms with the part: See subpart 3506 of this part. decisions, terms and conditions of an Acquired lands means lands or (c) ‘‘Preference right leases’’ are applicable comprehensive land use interests in lands, including mineral issued to holders of prospecting permits plan. estates, which the United States who, during the term of the permit, (b) BLM or the surface management obtained through purchase, gift, or demonstrate the discovery of a valuable agency will comply with any applicable condemnation. It includes all lands deposit of the leasable mineral for environmental requirements before BLM administers for hardrock mineral which BLM issued the permit. There are issuing you a permit or lease. This may leasing other than public domain lands. other requirements. The requirements result in conditions on your permit or Chiefly valuable, for the purposes of for mine plans are in subpart 3592 of lease. this part, means the land is more part 3590 of this chapter. See subpart (c) BLM will issue permits and leases valuable for the development of sodium, 3507 of this part. consistent with any unsuitability sulphur or potassium than for any non- (d) ‘‘Competitive leases’’ are issued by designation under part 1600 of this title. mineral use of the land. competitive bidding for known deposits Hardrock minerals include base § 3501.20 If BLM approves my application of a leasable mineral. See subpart 3508 for a use authorization under this part, metals, precious metals, industrial of this part. when does it become effective? minerals, and precious or semi-precious (e) ‘‘Fringe acreage leases’’ are issued Your lease, permit, or other use gemstones. Hardrock minerals do not noncompetitively for known deposits of authorization is effective the first day of include coal, oil shale, phosphate, leasable minerals on Federal lands the month after BLM signs it, unless you sodium, potassium, or gilsonite adjacent to existing deposits, when the request in writing and BLM agrees to deposits. Also, hardrock minerals do not Federal deposits can be mined only as make it effective the first day of the include commodities the government part of an adjacent operation. See month in which it is approved. This sells such as common varieties of sand, subpart 3510 of this part. gravel, stone, pumice or cinder. The (f) ‘‘Lease modifications’’ add acreage applies to all leases, licenses, permits, term hardrock minerals as used here containing known deposits of a leasable transfers and assignments in this part, includes mineral deposits that are found mineral to an adjacent Federal lease of unless a specific regulation provides in sedimentary and other rocks. the same mineral, provided the deposits otherwise. Leasable minerals, for purposes of can be mined only as part of the larger § 3501.30 May I appeal BLM's decisions this part, means the chlorides, sulfates, mining operation. See subpart 3510 of under this part? carbonates, borates, silicates or nitrates this part. Any party adversely affected by a of potassium or sodium and related (g) ‘‘Use permits’’ are available to BLM decision under this part may products; sulphur on public lands in the holders of phosphate and sodium leases appeal the decision under parts 4 and States of Louisiana and New Mexico so that they may use the surface of 1840 of this title. and on all acquired lands; phosphate, unappropriated and unentered public including associated and related lands for the proper extraction, Subpart 3502ÐQualification minerals; asphalt in certain lands in treatment, or removal of the phosphate Requirements Oklahoma; and gilsonite (including all or sodium deposits. See subpart 3516 of vein-type solid hydrocarbons). this part. Lease Qualifications MMS means the Minerals § 3501.16 Does my permit or lease grant § 3502.10 Who may hold permits and Management Service. leases? Permit means prospecting permit, me an exclusive right to develop the lands covered by the permit or lease? unless otherwise specified. You may hold an interest in permits Valuable deposit, for the purposes of No. Your permit or lease gives you an or leases under this part only if you this part, means an occurrence of exclusive right to the mineral, but not to meet the requirements of 30 U.S.C. 184. minerals of such character that a person the lands. BLM may allow other uses or You must be: of ordinary prudence would be justified disposal of the lands, including leasing (a) An adult citizen of the United in the further expenditure of his or her of other minerals, if those uses or States; labor and means, with a reasonable disposals will not unreasonably (b) An association (including prospect of success in developing a interfere with your operation. If BLM partnerships and trusts) of such citizens; profitable mine. issues other permits or leases covering (c) A corporation organized under the the lands contained within your permit laws of the United States or of any U.S. § 3501.10 What types of mineral use or lease, they will contain suitable State or territory; authorizations can I get under these rules? stipulations for simultaneous operation (d) A legal guardian of a minor United BLM issues the mineral use based on consideration of safety, States citizen; authorizations listed below to qualified environmental protection, conservation, (e) A trustee of a trust where the individuals. Some authorizations are ultimate recovery of the resource, and beneficiary is a minor but the trustee is not available for certain commodities. other factors. You must also make all qualified to hold a permit or lease; or

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(f) any other person authorized to § 3502.27 If I am an individual, what (d) That the corporation’s acreage hold a lease under 30 U.S.C. 184. information must I give BLM in my holdings, and those of any stockholder qualifications statement? identified under paragraph (b) of this § 3502.13 May foreign citizens hold If you are an individual, send us a section, do not exceed the acreage permits or leases? signed statement showing that: limitations in § 3503.37 of this part. (a) You are a U.S. citizen; and No. However, foreign citizens may Special Situations and Additional hold stock in United States corporations (b) Your acreage holdings do not exceed the limits in § 3503.37 of this Concerns that hold leases or permits if the laws, part. This includes your holdings customs, or regulations of their country § 3502.33 If I represent an applicant as an through a corporation, association, or do not deny similar privileges to attorney-in-fact, do I have to submit partnership in which you are the citizens or corporations of the United anything to BLM? beneficial owner of more than 10% of States. Yes. Send us evidence of your the stock or other instruments of authority to act on behalf of the § 3502.15 Are there any additional control. applicant, and a statement of the restrictions on holding leases or interests applicant’s qualifications and acreage in leases? § 3502.28 If I am an association or a partnership, what information must I give holdings if you are empowered to make Yes. If you are a member of Congress BLM in my qualifications statement? this statement. Otherwise, the applicant or an employee of the Department of the Send us: must send us this information Interior, except as provided in part 20 (a) A signed statement setting forth: separately. of this title, you may not acquire or hold (1) The names, addresses, and citizenship of all members who own or § 3502.34 What must I submit if there are any Federal lease, or lease interest. other parties in interest? (Officer, agent or employee of the control 10 percent or more of the If you are not the sole party in interest Department-see part 20 of this title; association or partnership; in an application for a permit or lease, Member of Congress-see R.S. 3741; 41 (2) The names of the members include with your application the U.S.C. 22; 18 U.S.C. 431–433). Also, authorized to act on behalf of the names of all other parties who hold or BLM may not issue any lease or permit association or partnership; and (3) That the association or will hold any interest in the application which causes a conflict of interest. See or in the permit or lease when BLM 5 CFR part 2635. partnership’s acreage holdings for the particular mineral concerned do not issues it. All interested parties must § 3502.20 Will BLM issue a lease to me if exceed the acreage limits in § 3503.37 of show they are qualified to hold permit I am not complying with the diligence this part. or lease interests. requirements of the Mineral Leasing Act? (b) A copy of the articles of the § 3502.40 What happens if an applicant or association or the partnership BLM will not issue you a lease or successful bidder for a permit or lease dies agreement. renew your lease, or approve a transfer before the permit or lease is issued? of any lease or interest in a lease for you § 3502.29 If I am a guardian or trustee for (a) If probate of the estate has been unless you are complying with section a trust holding on behalf of a beneficiary, completed or is not required, BLM will 2(a)(2)(A) of the Mineral Leasing Act (30 what information must I give BLM in my issue the permit or lease to the heirs or U.S.C. 201(2)(A)) for any of your qualifications statement? devisees, or their guardian. We will existing leases that are subject to that Send us: recognize the heirs or devisees or their provision. For Federal coal leases, BLM (a) A signed statement setting forth: guardian as the record title holders of will determine compliance under (1) The beneficiary’s citizenship; the permit or lease. They must send us: § 3472.1–2(e) of this title. If BLM issues (2) Your citizenship; (1) A certified copy of the will or you a lease when you are in violation (3) The grantor’s citizenship, if the decree of distribution, and if no will or of section 2(a)2(A), BLM must void your trust is revocable; and decree exists, a statement signed by the (4) That the acreage holdings of the lease under § 3514.30(b). heirs that they are the only heirs and beneficiary, the guardian or trustee, or citing the provisions of the law of the How To Show Lease Qualifications the grantor, if the trust is revocable, deceased’s last domicile showing that cumulatively do not exceed the acreage no probate is required; and § 3502.25 Where do I file evidence that I limitations in § 3503.37 of this part; and am qualified to hold a permit or lease? (2) A statement signed by each of the (b) A copy of the court order or other heirs or devisees with reference to You must file evidence with BLM that document authorizing or creating the citizenship and holdings similar to that you meet the qualification requirements trust or guardianship. required by § 3502.27 of this part. If the in this subpart. You may file this § 3502.30 If I am a corporation, what heir or devisee is a minor, the guardian evidence separately from your permit or information must I give BLM in my or trustee must sign the statement. lease application, but file it in the same qualifications statement? (b) If probate is required but has not office as your application. A corporate officer or authorized been completed, BLM will issue the permit or lease to the executor or § 3502.26 May I supplement or update my attorney-in-fact must send BLM a signed qualifications statement? statement stating: administrator of the estate. BLM (a) The State or territory of considers the executor or administrator After we accept your qualifications, incorporation; as the record title holder of the permit you may send additional information to (b) The name and citizenship of, and or lease. He or she must send: the same BLM office by referring to the percentage of stock owned, held, or (1) Evidence that the person who, as serial number of the record in which controlled by, any stockholder owning, executor or administrator, submits lease your evidence is filed. All changes to holding, or controlling more than 10 and bond forms has authority to act in your qualifications statement must be in percent of the stock of the corporation; that capacity and to sign those forms; writing. You must make sure that your (c) The names of the officers (2) Evidence that the heirs or devisees evidence is current, accurate and authorized to act on behalf of the are the only heirs or devisees of the complete. corporation; and deceased; and

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(3) A statement signed by each heir or (d) Lands within the National (d) Lands in New Mexico that are devisee concerning citizenship and Petroleum Reserve-Alaska, oil shale portions of Juan Jose Lobato Grant holdings, as required by § 3502.27 of reserves and national petroleum (North Lobato) and Anton Chica Grant this part. reserves; (El Pueblo) as described in section 1 of (e) Lands acquired by the United the Act of June 28, 1952 (66 Stat. 285); § 3502.41 What happens to a permit or States for development of helium, (e) Lands in the Shasta and Trinity lease if the permittee or lessee dies? fissionable material deposits or other Units of the Whiskeytown-Shasta- If the permittee or lessee dies, BLM minerals essential to the defense of the Trinity National Recreation Areas; will recognize as the record title holder country, except leasable minerals; (f) The following National Park Lands: of the permit or lease: (f) Lands acquired by foreclosure or (1) Lake Mead National Recreation (a) The executor or administrator of otherwise for resale; Area; the estate, if probate is required but has (g) Acquired lands reported as surplus (2) Glen Canyon National Recreation not been completed and they have filed under the Federal Property and Area; and the evidence required by § 3502.40(b) of Administrative Services Act of 1949 (40 (3) Lands in the Whiskeytown Unit of this part; or U.S.C. 471 et seq.); the Whiskeytown-Shasta-Trinity (b) The heirs or devisees, if probate (h) Any tidelands or submerged National Recreation Area; has been completed or is not required, coastal lands within the continental (g) Lands patented to the State of if they have filed evidence required by shelf adjacent or littoral to any part of California for park or other purposes § 3502.40(a) of this part. lands within the jurisdiction of the where minerals were reserved to the United States; United States; and § 3502.42 What happens if the heir is not (h) White Mountains National qualified? (i) Lands within the Grand Staircase- Escalante National Monument; Recreation Area, Alaska. We will allow unqualified heirs to (j) Lands adjacent to or within Searles hold ownership in a lease or permit for § 3503.14 For what areas may I get a Lake, California, which are not available permit or lease for asphalt? up to two years. During that period, the for potassium prospecting permits (BLM You may get leases for asphalt only on heir must either become qualified or will lease potassium in this area by certain Federal lands in Oklahoma divest himself or herself of the interest. competitive bidding); and identified by law. See 32 Stat. 654 Subpart 3503ÐAreas Available for (k) Any other lands withdrawn from mineral leasing. (1902) and 58 Stat. 483 (1944). You may Leasing not obtain prospecting permits for § 3503.12 For what areas may I receive a asphalt. Available Areas Under BLM sulphur permit or lease? Management § 3503.15 May I lease the gold or silver You may get a sulphur permit or lease reserved to the United States on land I hold § 3503.10 Are all Federal lands available for public domain lands in the States of under a private land claim in New Mexico? for leasing under this part? Louisiana and New Mexico or for If you hold the remaining record title No. The Secretary of the Interior may Federal acquired lands nationwide, interest or operating rights interest in not lease lands on any of the following subject to the exceptions listed in confirmed private land grants in New Federal areas: §§ 3503.10 and 3503.11 of this part. Mexico, you may obtain a lease for gold (a) Land recommended for wilderness and silver reserved to the United States. allocation by the surface managing § 3503.13 For what areas may I receive a hardrock mineral permit or lease? See parts 3580 and 3581 of this chapter agency; (b) Lands within BLM wilderness Subject to the consent of the surface for leasing requirements. study areas; managing agency, you may obtain § 3503.16 May I obtain permits or leases (c) Lands designated by Congress as hardrock mineral permits and leases for sand and gravel in Nevada under the wilderness areas; and only in the following areas: terms of this part? (d) Lands within areas allocated for (a) Lands identified in Reorganization You may not get new leases or wilderness or further planning in Plan No. 3 of 1946, for which permits under these regulations; BLM Executive Communication 1504, Ninety- jurisdiction for mineral leasing was will consider any new applications for Sixth Congress (House Document transferred to the Secretary of the sand and gravel under the regulations at Number 96–119), unless such lands are Interior. These include lands originally part 3600 of this chapter. Also, allocated to uses other than wilderness acquired under the following acts: beginning January 1, 2000, BLM will not (1) 16 U.S.C. 520 (Weeks Act); by a land and resource management renew any existing sand and gravel (2) Title II of the National Industrial plan or have been released to uses other lease for certain lands the United States Recovery Act (40 U.S.C. 401, 403a and than wilderness by an act of Congress. received under an exchange with the 408); § 3503.11 Are there any other areas in (3) The 1935 Emergency Relief State of Nevada. which I cannot get a permit or lease for the Appropriation Act (48 Stat. 115 and Available Area Managed by Others minerals covered by this part? 118); Prospecting permits and leases for (4) Section 55 of Title I of the Act of 3503.20 What if another Federal agency solid leasable and hardrock minerals are August 24, 1935 (49 Stat. 750 and 781); manages the lands I am interested in? not available under this part for: and (a) Public domain lands. BLM will (a) Lands within the boundaries of (5) The Act of July 22, 1937 (7 U.S.C. issue a permit or lease for public any unit of the National Park System, 1011 (c) and 1018 (repealed), Bankhead- domain lands where the surface is except as expressly authorized by law; Jones Act). administered by another Federal agency (b) Lands within Indian Reservations, (b) Lands added to the Shasta only after consulting with the surface except the Uintah and Ouray Indian National Forest by Act of March 19, management agency. Some laws Reservation, Hillcreek Extension, State 1948 (62 Stat. 83); applicable to public domain lands of Utah; (c) Public Domain Lands within the require us to obtain the consent of the (c) Lands within incorporated cities, National Forests in Minnesota (16 surface management agency before we towns and villages; U.S.C. 508 (b)); issue a lease or permit.

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(b) Acquired lands. For all lands not § 3503.25 When may BLM issue permits that connects to a point on an official subject to paragraph (a) of this section and leases for Federal minerals underlying corner of the public land survey system where the surface is managed by private surface? to which the accretions belong. another Federal agency, we must have (a) The regulations in this part apply written consent from the surface where the United States disposed of § 3503.32 How should I describe acquired lands? management agency before we issue certain lands and those disposals permits or leases. The surface reserved to the United States the right You may describe acquired lands by management agency may request further to prospect for, mine, and remove the metes and bounds, or you may also use information about surface disturbance minerals under applicable leasing laws the description shown on the deed or and reclamation before granting its and regulations. other document that conveyed title to consent. (b) If the Federal Government acquires the United States. If you are applying for (c) Appeal. If a surface management minerals through a deed, BLM will less than the entire tract acquired by the agency refuses to consent or imposes follow any special covenants in the United States, describe the land using conditions on your permit or lease, you deed relating to leasing or permitting. courses and distances tied to a point on may appeal its decision under that the boundary of the requested tract. agency’s appeal provisions. If you notify § 3503.28 Does BLM incorporate any special requirements to protect the lands Where the acquiring agency assigned a BLM within 30 days after receiving and resources? tract number to the identical tract you BLM’s decision denying or conditioning BLM will specify permit or lease wish to permit or lease, you may your permit or lease that you have describe those lands by the tract number appealed the surface management stipulations to adequately use and protect the lands and their resources. and include a map which clearly shows agency’s decision, we will suspend the the lands with respect to the time for filing an appeal under 43 CFR This may include stipulations which are required by the surface managing administrative unit or the project of parts 4 and 1840 until the surface which they are a part. In States outside management agency’s decision is final agency, or which are recommended by the surface managing agency or non- of the public land survey system, you and not subject to further administrative should describe the lands by tract or judicial review. federal surface owner and accepted by BLM. (See also part 3580 of this number, and include a map. § 3503.21 What happens if the surface of chapter.) § 3503.33 Will BLM issue me a lease for the land I am interested in belongs to a non- unsurveyed lands? Federal political subdivision or charitable Land Descriptions organization? § 3503.30 How should I describe surveyed No. All leased areas must be officially (a) BLM will notify the entity who lands or lands shown on protraction or surveyed to BLM standards. If you are owns the surface of the lands included amended protraction diagrams in states applying for a permit or lease on within your permit or lease application which are part of the Public Land Survey unsurveyed or protracted lands, you if that entity is: System? must pay for the survey. If BLM intends (1) Any State or political subdivision, Describe the lands by legal to issue a lease by competitive bidding, agency or instrumentality thereof; subdivision, section, township, and we will pay for surveying the lands. (2) A college or any other educational range. corporation or association; or Acreage Amounts (3) A charitable or religious § 3503.31 How should I describe lands in § 3503.36 Are there any size or shape corporation or association. states which are part of the Public Land limitations on the lands I can apply for? (b) The entity who owns the surface Survey System but have not been surveyed of the lands in your application will and are not shown on a protraction or Generally, a quarter-quarter section, a have up to 90 days to suggest any lease amended protraction diagram? lot or a protraction block is the smallest stipulations to protect existing surface Describe such lands by metes and subdivision for which you may apply. improvements or uses, or to object to the bounds in accordance with BLM The lands must be in reasonably permit or lease. BLM will then decide standard survey practices for the public compact form. whether to issue the permit or lease and lands. Connect your description by which, if any, stipulations identified by courses and distances between § 3503.37 Is there a limit to the acreage of lands I can hold under permits and leases? the surface owner to include, based on successive angle points to an official how the interests of the United States corner of the public land survey system Yes. The limits are summarized in the would best be served. or, for accreted lands, to an angle point following table:

Maximum acreage in Commodity Maximum acreage for a Maximum acreage of permits and leases in any one State permits and leases na- permit or lease tionwide

(a) Phosphate ...... 2,560 acres ...... None ...... 20,480 acres. (b) Sodium ...... 2,560 acres ...... 5,120 acres (may be increased to 15,360 acres to facilitate an None. economic mine). (c) Potassium ...... 2,560 acres ...... 96,000 acres (larger if necessary for extraction of potassium None. from concentrated brines in connection with an existing mining operation). (d) Sulphur ...... 640 acres ...... 1,920 acres in 3 leases or permits ...... None. (e) Gilsonite ...... 5,120 acres ...... 7,680 acres ...... None. (f) Hardrock Minerals .... 2,560 acres ...... 20,480 acres in permits and leases, 10,240 acres in leases, but None. can be increased to 20,480 if needed for orderly mine devel- opment. (g) Asphalt ...... 640 acres ...... 2,560 acres ...... Only available in Okla- homa.

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§ 3503.38 How does BLM compute my § 3503.42 When I submit confidential, § 2.15(d) of this title, before making a acreage holdings? proprietary information, how can I help decision about the applicability of FOIA ensure it is not available to the public? (a) The maximum acreage in any one exemption 4 to protect: When you submit data and (a) information obtained from a state refers to the acres you hold under information that you believe to be person outside the United States a permit or lease on either public exempt from disclosure by part 2 of this Government; when domain lands or acquired lands. title, you must clearly mark each page (b) following consultation with a Acquired lands and public domain that you believe contains confidential submitter under § 2.15(d) of this title, lands are counted separately, so you information. BLM will keep all data and BLM determines that the submitter does may hold up to the maximum acreage of information confidential to the extent not have an interest in withholding the each at the same time. For example, one allowed by § 2.13(c) of this title. records that can be protected under person could hold 20,000 acres under FOIA; but phosphate leases for public domain § 3503.43 How long will information I give (c) BLM has reason to believe that lands and 20,000 acres under phosphate BLM remain confidential or proprietary? disclosure of the information may result leases for acquired lands at the same The FOIA does not provide an express in commercial or financial injury to the time. period of time for which information Indian mineral owner(s), but is (b) If your permit or lease is for may be exempt from disclosure to the uncertain that such is the case. public. We will review each situation fractional interest lands, BLM will individually and in accordance with Subpart 3504ÐFees, Rental, Royalty charge your acreage holdings for a share guidance provided by part 2 of this title. and Bonds which is proportionate to the United States’ ownership interest. For example, § 3503.44 How will BLM treat Indian General Information if the United States holds a 25% interest information submitted under the Indian Mineral Development Act? § 3504.11 What forms of payment will BLM in 200 acres, you will be charged with and MMS accept? 50 acres (200 x .25). Under the Indian Mineral Development Act of 1982 (IMDA) (25 Make your payments to BLM in cash, (c) BLM will not charge any acreage postal money order, negotiable in a future interest lease against your U.S.C. 2101 et seq.), the Department of the Interior will hold as privileged instrument in U.S. currency, or such acreage limitations until the date the other method as BLM may authorize. permit or lease takes effect. proprietary information of the affected Indian or Indian tribe— See MMS regulations at 30 CFR part 218 (d) If you own stock in a corporation (a) All findings forming the basis of for their payment requirements. or a beneficial interest in an association the Secretary’s intent to approve or § 3504.12 What payments do I send to which holds a lease or permit, your disapprove any Minerals Agreement BLM and what payments do I send to MMS? acreage will include your proportionate under IMDA; and (a) Filing fees and rentals. (1) Include part of the corporation’s or association’s (b) All projections, studies, data, or a non-refundable filing fee of $25 with share of the total lease or permit other information concerning a Minerals each application you submit to BLM. acreage. This only applies if you own Agreement under IMDA, regardless of Preference right lease applications and more than 10 percent of the corporate the date received, related to— exploration license applications do not stock or beneficial interest of the (1) The terms, conditions, or financial require a fee. association. return to the Indian parties; (2) Pay all filing fees, all first-year (2) The extent, nature, value, or Filing Applications rentals, and all bonus bids for leases to disposition of the Indian mineral the BLM State office which manages the § 3503.40 Where do I file my permit or resources; or lands you are interested in. Make your lease application and other necessary (3) The production, products, or instruments payable to the Department documents? proceeds thereof. of the Interior-Bureau of Land Management. File your application in the State § 3503.45 How will BLM administer (3) Pay all second-year and Office which manages the lands for information concerning other Indian minerals? subsequent rentals and all other which you are applying, unless we have payments for leases to the Minerals For information concerning Indian designated a different State Office. For Management Service. See 30 CFR part minerals not covered by § 3503.44 of purposes of this part, a document is 218 for MMS’s payment procedures. filed when it is received in the proper this part, BLM will withhold such (b) Royalties. Pay all royalties on office. records as may be withheld under an producing leases and all payments exemption to the Freedom of § 3503.41 Will BLM disclose information I under leases in their minimum Information Act (FOIA) (5 U.S.C. 552) production period to the MMS. submit under these regulations? when it receives a request for All Federal and Indian data and information related to tribal or Indian Rentals minerals held in trust or subject to information submitted to the BLM are § 3504.15 How does BLM determine my subject to part 2 of this title. Part 2 restrictions on alienation. rent? includes the regulations of the § 3503.46 When will BLM consult with We set your rent by multiplying the Department of the Interior covering Indian mineral owners when information number of acres in your lease or permit public disclosure of data and concerning their minerals is the subject of by the rental rates shown below. The information contained in Department of a FOIA request? rates differ for different commodities the Interior records. BLM may make BLM will notify the Indian mineral and some rates increase over time. You certain mineral information not owner(s) identified in the records of the must pay rent each year. We round up protected from disclosure under part 2 Bureau of Indian Affairs (BIA), and the any fractional acreage to the next of this title may be made available for BIA, and give them a reasonable period highest acre. If you do not know the inspection without a Freedom of of time to state objections to disclosure, exact acreage, compute the total acreage Information Act (FOIA) request. using the standards and procedures of by assuming each of the smallest

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Year 6 Year 1 Year 2 Year 3 Year 4 Year 5 to end

(a) Phosphate ...... $0.25 $0.50 $0.50 $1.00 $1.00 $1.00 (b) Sodium ...... 0.25 0.50 0.50 0.50 0.50 1.00 (c) Potash ...... 0.25 0.50 0.50 0.50 0.50 1.00 (d) Sulphur ...... 0.50 0.50 0.50 0.50 0.50 0.50 (e) Gilsonite ...... 0.50 0.50 0.50 0.50 0.50 0.50 (f) Hardrock ...... 1.00 1.00 1.00 1.00 1.00 1.00 (g) Asphalt ...... 0.25 0.50 0.50 0.50 0.50 1.00

§ 3504.16 When is my rental due after the § 3504.25 of this part) as the royalties accordance with the terms specified in first year of the lease? accrue under the lease during that year. the lease. See § 3504.21 of this part for (a) For prospecting permits, pay your minimum royalty rates. Your royalty rental in advance each year before the § 3504.17 What happens if I do not pay my rental on time? rate will be a percentage of the quantity anniversary date of the permit. or gross value of the output of the (b) For sodium, potassium or asphalt (a) If you do not pay your rental on time for a prospecting permit, your produced commodity. Apply the royalty leases, pay your rental in advance before rate to the value of the production January 1 of each year. permit will automatically terminate. (c) For phosphate leases pay your (b) If you do not pay your rental for determined under MMS regulations in rental in advance on or before the a lease on time, BLM will notify you Title 30. For asphalt, the minimum anniversary date of the lease. that unless you pay within 30 days from royalty is calculated on a cents-per-ton (d) For other mineral leases not receipt of the notification, BLM will basis. You may not pay your royalty in covered in paragraph (b) or (c) of this take action to cancel your lease. quantity without BLM’s prior approval. section, pay the rental in advance each Royalties § 3504.21 What are the minimum royalty year before the anniversary of the rates? effective date of the lease. § 3504.20 What are the requirements for (e) MMS will credit your lease rental paying royalties on production? for any year against the first production You must pay royalties on any royalties or minimum royalties (see production from your lease in

Commodity Minimum royalty rate

(a) Phosphate ...... 5% of gross value of the output of phosphates or phosphate rock and associated or related minerals. (b) Sodium ...... 2% of the quantity or gross value of the output of sodium compounds and related products at the point of ship- ment to market. (c) Potassium ...... 2% of the quantity or gross value of the output of potassium compounds and related products at the point of ship- ment to market. (d) Sulphur ...... 5% of the quantity or gross value of the output of sulphur at the point of shipment to market. (e) Gilsonite ...... No minimum royalty rate. (f) Hardrock Minerals ...... No minimum royalty rate. (g) Asphalt ...... 25 cents per ton (2,000 pounds) of marketable production.

§ 3504.22 How will I know what the royalty year. This requirement begins in the royalties for that year only. For example, rate is on my lease production? sixth lease year or the first full year of if you pay $1,000 in rental and you owe BLM determines the rate for each a renewed or readjusted lease, $3,000 in minimum royalties, you will lease before we offer it. If BLM offered whichever comes first. The minimum pay a total of $3,000 for both. If during the lease competitively, the rates are in royalty payment is $3 per acre or the lease year you accrue $10,000 in the notice of lease sale. If you applied fraction of an acre. For phosphate, production royalties, MMS will credit for a noncompetitive lease, BLM will sulphur, gilsonite and hardrock leases, $3,000 against that amount. send you a royalty rate schedule for pay the minimum royalty in advance (c) Hardrock mineral leases or your concurrence and signature before before the lease anniversary date. For development or operating agreements we issue you the lease. BLM attaches sodium, potassium and asphalt leases subject to escalating rentals are exempt royalty rates to, and makes them a part the minimum royalty is due in advance from minimum production and of, all leases. before January 1 of each year. minimum royalty requirements. § 3504.25 Do I have to produce a certain (b) MMS will credit any lease rental § 3504.26 May I create overriding royalties amount per year? payment (see § 3504.16(d) of this part) on my Federal lease? (a) If your mineral lease was issued, against the minimum royalty payment Yes, but: renewed or readjusted any time after amount due under paragraph (a) of this (a) BLM may order you to suspend or April 22, 1986, you must either produce section. MMS then will credit your reduce your overriding royalties to as a minimum amount or pay a minimum minimum royalty as specified under low as one percent if we determine your royalty in lieu of production each lease paragraph (a) to your production overriding royalty could:

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(1) Cause you to abandon your lease (2) Certified check; or § 3504.71 When will BLM release my prematurely; or (3) Negotiable U.S. Treasury bonds bond? (2) Prevent mining of marginally equal in value to your bond amount. If (a) BLM will release your bond when economic or low-grade deposits. you submit Treasury bonds, you must we have determined, after the passage of (b) Where more than one overriding give the Secretary full authority to sell a reasonable period of time, that you royalty interest is involved, BLM will the securities if you default on your have done the following: apply any suspension or reduction to permit or lease obligations. (1) Paid all royalties, rentals, these interests in the manner agreed (b) Surety bonds must be issued by penalties, and assessments; upon by the interest holders. If there is qualified surety companies approved by (2) Satisfied all permit or lease no agreement, we will order the Department of the Treasury. You can obligations; suspensions and reductions starting get a list of qualified sureties at any (3) Reclaimed the site; and with the most recent interest and BLM State Office. (4) Taken effective measures to ensure continuing in reverse order of the dates that the mineral prospecting or the overriding interests were created. § 3504.56 If I have more than one permit or development activities will not (c) If you apply for a royalty rate lease, may I combine bond coverage? adversely affect surface or subsurface reduction under subpart 3513, of this Yes. Instead of filing separate bonds resources. part, we may request that you reduce for each permit or lease, you may file a (b) If you assign your lease or permit, your overriding royalties. bond to cover all permits and leases for BLM will release your bond after we a specific mineral in any one state, or determine that you met the Bonding nationwide. We will establish the requirements of paragraphs (a)(1) and § 3504.50 Do I have to file a bond to amount of the bond; however, the (a)(2) of this section. Also, your assignee receive a permit or lease? minimums are: must provide an acceptable bond or Yes, unless paragraph (b) of this (a) $25,000 for statewide bonds. File other surety. section applies. these bonds in the BLM State Office for Subpart 3505ÐProspecting Permits (a) BLM will set permit and lease the state where your leases are located. bond amounts for each lease or permit. (b) $75,000 for nationwide bonds. File § 3505.10 What is a prospecting permit? these bonds in any BLM State Office. We will consider the cost of complying (a) A prospecting permit gives you the with all permit and lease terms, § 3504.60 Under what circumstances exclusive right to prospect on and including royalty and reclamation might BLM elect to change the amount of explore lands available for leasing under requirements, when setting bond my bond? this part to determine if a valuable amounts. The minimum bond amount We may increase or decrease your deposit exists of: for prospecting permits is $1000. The bond amount when we determine that a (1) Phosphate; minimum bond amount for leases is change in coverage is appropriate, but (2) Sodium; $5000. we will not decrease your bond amount (3) Potassium; (b) BLM may enter into agreements below the minimum. (4) Sulphur; with states to provide for your state (5) Gilsonite; or reclamation bond to satisfy our § 3504.65 What happens to my bond if I do (6) A hardrock mineral. reclamation bonding requirements. We not meet my permit or lease obligations? (b) Prospecting permits are not may need additional information from BLM will demand payment from your available for asphalt. you to determine whether your state bond to cover any obligations on which (c) You may remove only material bond will cover all of our reclamation you default. Your bond will be reduced needed to demonstrate the existence of requirements. If you have filed a current accordingly. If the surety makes a a valuable mineral deposit. bond with a state where we have an payment, we will reduce the face § 3505.11 Do I need a prospecting permit agreement, and we determine that your amount of the surety bond and the to collect mineral specimens for non- state bond will satisfy all BLM surety’s liability by the amount of the commercial purposes? reclamation bonding requirements, you payment. No. You may collect mineral will only need to file evidence of that specimens for hobby, recreation, state bond with BLM. We will require § 3504.66 Must I restore my bond to the full amount if payment has been made from scientific, research or similar purposes an additional bond from you if we my bond? without a prospecting permit. However, determine your state bond does not the surface management agency may cover all of our bonding requirements. Yes. After any default, BLM will notify you of the amount you must pay require a use permit. BLM’s regulations § 3504.51 How do I file my bond? to restore your bond. We will give you for collecting mineral specimens are at File one copy of your bond in the no more than six months to post a new part 8365 of this title. BLM State office where you applied for bond or increase the existing bond to its Applying for Prospecting Permits a permit or lease. You must use an pre-default level. You may elect to file approved BLM form. You must sign the separate or substitute bonds for each § 3505.12 How do I obtain a prospecting form if you are the principal of a permit or lease. If you do not replace permit? personal bond. For surety bonds, both your bond, BLM may take action to Deliver three copies of the BLM you and an acceptable surety must sign cancel the leases or permits covered by application form to the BLM office with the form. the bond. jurisdiction over the lands you are interested in. Include the filing fee and § 3504.55 What types of bonds are § 3504.70 When will BLM terminate the period of liability of my bond? first year’s rental with your application. acceptable? See subpart 3504 of this part. You may file either a personal bond BLM may terminate the period of or a surety bond. liability for any bond only when you § 3505.13 What must my application (a) Personal bonds may be in the form have filed an acceptable replacement include? of: bond or when you have met all your Your application must be legible and (1) Cashier’s check; permit or lease terms and conditions. dated. It must contain your or your

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(c) A complete and accurate land environment your plan may affect. description (see subpart 3503 of this Focus on the affected geologic, water § 3505.51 May I file a revised application if part); and other physical factors, and the BLM rejects my original application? (d) Three copies of any maps needed distribution and abundance of Yes. If you file a revised application to accompany the description; and vegetation and habitat of fish and for the same lands within 30 days after (e) The name of all the commodities wildlife, particularly threatened and you receive our rejection, we will apply for which you are applying. endangered species. Include maps with the non-refundable filing fee and rental your descriptions, and discuss the payment from your original application § 3505.15 Is there an acreage limit for my present land use in and adjacent to the to the new application. To obtain this application? area; benefit, you must show the serial The acreage in your application must (c) A narrative description showing: number of the original application on not exceed the maximum allowed for (1) The method of exploration and your new application. We will establish the permit. See § 3503.37 of this part for types of equipment you will use; priority for the permit as of the date the the acreage limits applicable for the (2) The measures you will take to revised application is filed. If you do different minerals. BLM will not issue a prevent or control fire, soil erosion, not file a revised application within 30 permit if it causes you to exceed the pollution of surface and ground water, days of rejection, we will refund only limits shown in the table in that section. pollution of air, damage to fish and your rental payment. § 3505.25 How does BLM prioritize wildlife or their habitat, damage to other Prospecting Permit Terms and applications for prospecting permits? natural resources, and hazards to public Conditions health and safety, including specific BLM will prioritize applications actions necessary to meet all applicable § 3505.55 What are my obligations to BLM based on the time of filing. If more than laws and regulations; under an approved prospecting permit? one application is filed at the same time (3) The method for plugging drill for the same commodity on the same You must: holes; and lands, we will hold a public drawing in (a) Pay your annual rental in a timely (4) The measures you will take to fashion. See §§ 3504.15 and 3504.16 of accordance with subpart 1821 of this reclaim the land, including: title to determine priority. this part; (i) A reclamation schedule; (b) Comply with all permit terms and § 3505.30 May I amend or change my (ii) The method of grading, stipulations the surface management application after I file it? backfilling, soil stabilization, agency attached to the permit; Yes. However, if your amendment compacting and contouring; (c) Conduct only those exploration adds lands, we will assign priority to (iii) The method of soil preparation activities approved as part of your those added lands from the date you and fertilizer application; existing exploration plan; and filed the amended application. You (iv) The type and mixture of shrubs, (d) Discontinue activities following must send the rental for the added lands trees, grasses, forbs or other vegetation expiration of the initial term unless and with your amended application. You do you will plant; and until BLM extends your permit. not need to submit additional filing fees. (v) The method of planting, including approximate quantity and spacing; § 3505.60 How long is my prospecting § 3505.31 May I withdraw my application (d) The estimated timetable for each permit in effect? after I file it? phase of the work and for final Your prospecting permit will be Yes. Just send us a written request. If completion of the program; effective for an initial term of 2 years. you withdraw your application in whole (e) Suitable topographic maps or or in part before BLM signs the permit, aerial photographs showing existing § 3505.61 May BLM extend the term of my prospecting permit? we will refund the corresponding bodies of surface water, topographic, proportionate share of your rental cultural and drainage features, and the We may extend prospecting permits payment. BLM will retain the filing fee. proposed location of drill holes, for phosphate and hardrock minerals for trenches and roads; and up to an additional 4 years, and for § 3505.40 After submitting my application, (f) Any other data which BLM may potassium and gilsonite for up to an do I need to submit anything else? require. additional 2 years. We cannot extend Yes. After we initially review your sodium and sulphur prospecting permit application, but before we issue § 3505.50 How will I know if BLM has permits. the prospecting permit, we will require approved or rejected my application? you to submit three copies of an BLM will review your application to § 3505.62 Under what conditions will BLM exploration plan under § 3505.45 of this determine compliance with land use extend my prospecting permit? part. You must also submit a bond. See plans, environmental requirements, You must prove that: 43 CFR part 3504, especially 43 CFR unsuitability criteria and whether the (a) You explored with reasonable 3504.50, for information on bonds. lands are within a known leasing area. diligence and were unable to determine BLM’s decision whether to approve the existence and workability of a § 3505.45 What is an exploration plan? your application is at BLM’s complete valuable deposit covered by the permit. An exploration plan shows how you discretion. If we approve your Reasonable diligence means that, in intend to determine the existence and application, we will issue your permit. BLM’s opinion, you drilled a sufficient workability of a valuable deposit. Your If we reject your application, we will number of holes or performed other exploration plan must include as much mail you a written decision. This notice comparable prospecting to explore the of the following information as possible: will: permit area within the time allowed; or

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(b) Your failure to perform diligent the 60 day period would begin to run on must publish the notice of exploration prospecting activities was due to the date BLM denies your extension once a week for three consecutive weeks conditions beyond your control. request. If you timely filed for a in at least one newspaper of general preference right lease under § 3507.15 of circulation in the area in which the § 3505.64 How do I apply for an extension? this part, the 60 day period only would lands are located. There is no application form. Just begin to run on the date BLM denies send us a written request with the your lease application. § 3506.13 What information must I provide information in § 3505.65 of this part at to BLM to include in the notice of least 90 days before your permit expires. § 3505.85 May BLM cancel my prospecting exploration? Include your $25 nonrefundable filing permit for reasons other than failure to pay You must include: fee and the first year’s rental, in rental? (a) Your name and address; accordance with §§ 3504.15 and 3504.16 Yes. (b) A description of the lands; of this part. (a) We may cancel your permit if you (c) The address of the BLM office do not comply with the Mineral Leasing where your exploration plan will be § 3505.65 What information must I include Act, any of the other acts applicable to available for inspection; and in my extension request? your specific permit, these regulations, (d) An invitation to the public to Your request must: or any of the permit terms or participate in the exploration under the (a) Show that you have met the stipulations. We will give you 30 days license. conditions for extension in § 3505.62; notice, within which you must correct § 3506.14 May others participate in the (b) Describe your previous diligent your default. If your default continues, exploration program? prospecting activities on the permit; and BLM may cancel your permit. (a) If any person wants to participate (c) Show how much additional time (b) If we waive one cause for in the exploration program, you and you need to complete prospecting work. cancellation, we may still cancel your permit for another cause, or for the same BLM must receive written notice form § 3505.66 If approved, when is my cause occurring at another time. Unless that person within 30 days after the later extension effective? you file an appeal, we will note your of the final newspaper publication or Your permit extension will become permit cancellation on the land status the end of the BLM 30-day posting effective on the date we approve it, or records. BLM may use your bond to period. (b) A person who wants to participate on the expiration date of the original reclaim the land or correct other in the exploration program must state in permit, if this date is later. deficiencies if we cancel your permit. their notice: § 3505.70 May I relinquish my prospecting Subpart 3506ÐExploration Licenses (1) They are willing to share in the permit? cost of the exploration on a pro-rata Yes. You may relinquish the entire General Information basis; and prospecting permit or any legal (2) Any modifications to the § 3506.10 What is an exploration license? subdivision of it. A partial exploration program that BLM should relinquishment must clearly describe An exploration license allows you to consider. the exact acreage you want to explore known, unleased mineral relinquish. BLM will not accept a deposits to obtain geologic, § 3506.15 What will BLM do in response to my exploration license application? relinquishment if you are not in environmental and other pertinent data compliance with the requirements of concerning such deposits. (a) BLM will determine whether to your permit. Once we accept the issue the exploration license. If we Applying for and Obtaining Exploration decide to issue the license, we will request, your relinquishment is effective Licenses as of the date you filed it with BLM. We name the participants and the acreage will then note the relinquishment on the § 3506.11 What must I do to obtain an covered. We also will establish hole land status records. We may then open exploration license? spacing requirements and include any the lands to any new applications. If (a) To apply, submit an exploration stipulations needed to protect the you relinquish part or all of your permit, plan as described at § 3505.45 of this environment. you lose any right to any preference part, along with your request for an (b) If there are inconsistencies right lease to the lands covered by the exploration license. No specific form is between proposed exploration plans, relinquishment. required. When BLM approves the the approved license will resolve them. exploration plan, we will attach the Terms; Modifications § 3505.75 What happens if I fail to pay the approved plan to, and make it a part of, rental? the license. You must also publish a § 3506.20 After my license is issued, may Your prospecting permit will BLM-approved notice of exploration, I modify my license or exploration plan? automatically terminate if you do not inviting others to participate in BLM may approve modifications of pay the rental before the anniversary exploration under the license on a pro- your exploration plan upon your date of the permit. We will note your rata cost-sharing basis. request. We may also permit you to permit termination on the official status (b) Except as otherwise provided in remove lands from your exploration records. this subpart, BLM will process your license at any time. However, once we exploration license application in issue your exploration license, you may § 3505.80 What happens when my permit expires? accordance with the regulations at part not add lands to the area of your 2920 of this chapter. exploration license. Your permit will expire at the end of its initial or extended term, as § 3506.12 Who prepares and publishes the § 3506.25 Once I have a license, what are applicable, without notice. BLM may notice of exploration? my responsibilities? open the lands to new applications 60 BLM will prepare a notice of You must share with BLM all data days after your permit expires. exploration using your information and you obtain during exploration. We will However, if you timely filed for an post the notice and your exploration consider the data confidential and will extension under § 3505.64 of this part, plan in the BLM office for 30 days. You not make the data public until either:

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(a) The areas involved are leased; or (3) The approximate locations and the (4) In the case of sodium, potassium (b) BLM determines that it must extent of the areas you will use for pits, and sulphur, if BLM determines that the release the data in response to a FOIA overburden and tailings; and lands are not chiefly valuable for the request. (4) The location of water sources or mineral commodity specified in the other resources which you may use in permit. Subpart 3507ÐPreference Right Lease the proposed operations or incidental (b) If you applied for a lease for Applications facilities; minerals BLM administers under the § 3507.11 What must I do to obtain a (c) A narrative statement addressing: authority of Reorganization Plan No. 3 preference right lease? (1) The anticipated scope, method and of 1946, BLM may also reject your schedule of development operations, To obtain a preference right lease, you application if we determine that mining including the type of equipment you must have a prospecting permit for the is not the preferred use of the lands in will use; area you want to lease and meet the the application. In making this (2) The method of mining anticipated, following conditions and any other determination, we will consider: including the best available estimate of (1) The land use plan; conditions established in this subpart: (2) Unsuitability criteria under (a) All leasable minerals except the mining sequence and production subpart 1610 of this title; asphalt. You must demonstrate that you rate; and (3) The relationship, if any, between (3) Any environmental impacts; and have discovered a valuable deposit the planned mining operations and (4) The purposes of the statute under within the period covered by your existing or planned mining operations which the lands were acquired. prospecting permit. However, (c) We will also reject your paragraphs (b) and (d) of this section and facilities on adjacent Federal or non-Federal lands; application if the surface managing provide some limitations. agency does not consent to the lease. (b) Sodium, potassium, and sulphur. (d) Financial information which will In addition to the requirements of enable us to determine if you have § 3507.20 May I appeal BLM's rejection of paragraph (a) of this section, BLM must found a valuable deposit. Include at my preference right lease? determine that the lands are chiefly least an estimate of projected mining Yes. You have a right to appeal under valuable for the subject minerals. and processing costs, saleable products the procedures in parts 4 and 1840 of (c) Asphalt. You may not obtain a and markets, and projected selling this title. preference right lease for asphalt. prices; However, you may obtain a competitive (e) A complete and accurate Subpart 3508ÐCompetitive Lease lease or a fringe acreage lease under description of the lands as found in Applications subpart 3508 or 3510 of this part. your prospecting permit, if your application is for less than the lands § 3508.11 What lands are available for (d) Permits issued under the authority competitive leasing? of Reorganization Plan No. 3 of 1946. covered by your prospecting permit; and Prospecting permits for minerals BLM (f) Other data, as we may require. BLM may issue a competitive lease on administers under the authority of unleased lands where we know that a § 3507.18 What do I need to submit to valuable mineral deposit exists. In such Reorganization Plan No. 3 of 1946 do show that I have found a valuable deposit? not entitle you to a preference right areas, before issuing a lease we may To show you have found a valuable issue you an exploration license, but not lease. We may grant you a deposit, send us the information listed a prospecting permit. However, BLM noncompetitive lease if you discover a in § 3593.1 of this part. You must have may offer competitive leases for lands valuable deposit during the permit term. collected the data during the term of the where no prospecting or exploratory § 3507.15 How do I apply for a preference prospecting permit, but you may refer to work is needed to determine the right lease? prior geologic work. BLM may request existence or workability of a valuable No specific form is required. Submit supplemental data from you to mineral deposit. In addition, we may three copies of your application within determine the following: offer competitive leases for asphalt on 60 days after the date your prospecting (a) The extent and character of the any lands available for asphalt leasing, permit expires or the date BLM denies deposit; whether or not we know that a valuable your request for a permit extension filed (b) The anticipated mining and mineral deposit exists. processing methods and costs; under § 3505.64 of this part, whichever § 3508.12 How do I get a competitive is later. (c) Anticipated location, kind and extent of necessary surface disturbance; lease? § 3507.16 Is there a fee or payment (d) The measures you will take to (a) Notify BLM of areas in which you required with my application? reclaim that disturbance; are interested. We may also designate Yes. You must submit a $25 (e) An estimate of the profitability of certain lands for competitive leasing. nonrefundable filing fee and the first mineral development; and (b) After determining that the lands year’s rent with your application. (f) Whether there is a reasonable are available for leasing, we will publish Determine the first year’s rent from the prospect of success in developing a a notice of lease sale containing all provisions in § 3504.15 of this part. profitable mine. significant information (see § 3508.14 of this part). § 3507.17 What information must my § 3507.19 Under what circumstances will (c) We will award a competitive lease preference right lease application include? BLM reject my application? through sale to the qualified bidder who Your application must contain: (a) BLM will reject your application offers the highest acceptable bonus bid. (a) A statement of your qualifications for a preference right lease if: In the event of a tie, BLM will determine and holdings as specified in subpart (1) You did not discover a valuable a fair method for choosing the 3503 of this chapter; deposit of mineral(s) covered by the successful bid. (b) Three maps showing: prospecting permit; (1) Utility systems; (2) You did not submit requested § 3508.14 How will BLM publish the notice (2) The location of any proposed information in a timely manner; of lease sale? development or mining operations and (3) You did not otherwise comply (a) Once we determine which lands incidental facilities; with the requirements of this subpart; or are available for leasing, we will publish

VerDate 22-SEP-99 14:43 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00039 Fmt 4701 Sfmt 4700 E:\FR\FM\A01OC0.075 pfrm01 PsN: 01OCR3 53550 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations a notice of lease sale at least once a § 3508.21 What happens if I am the § 3509.16 How do I apply for a future week for three consecutive weeks in a successful bidder? interest lease? newspaper of general circulation in the If you are the highest qualified bidder No specific form is required. Include area where the lands are situated. We and we determine your bid meets or a $25 filing fee with the application. will also post the notice of lease sale for exceeds fair market value, we will send Submit the application to the BLM 30 days in the public room of the BLM you copies of the lease on the form office with jurisdiction over the lands. office which administers the lands. attached to the detailed statement. You must file at least one year before (b) The notice will include: Within the time we specify you must: the mineral interest vests with the (1) The time and place of sale; (1) Sign and return the lease form; United States or BLM will deny your (2) Pay the balance of the bonus bid; application. (2) The bidding method, including (3) Pay the first year’s rental; opening and closing dates for bidding; (4) Pay the publication costs; and § 3509.17 What information must I include (3) A description of the tract BLM is (5) Furnish the required lease bond. in my application for a future interest lease? offering; (b) See § 3504.12 of this part for Your application must include the (4) A description of the mineral payment procedures. same information we require when you deposit BLM is offering; § 3508.22 What happens if BLM rejects my apply for a present interest Federal (5) The minimum bid we will bid? lease. See subpart 3508 of this part. In consider; and (a) If your bid is the high bid and we addition, you must include the (6) Information on where you can get reject it because you did not sign the following: (a) A land description; a copy of the proposed lease and a lease form and pay the balance of the (b) Your certification that you meet detailed statement of the lease sale bonus bid, or otherwise comply with the qualifications requirements (see terms and conditions. this subpart, you forfeit to the United subpart 3502 of this part); States your deposit of one-fifth of the § 3508.15 What information will the (c) Evidence of your title or the extent detailed statement of the lease sale terms bonus bid amount. of your rights to the present interest in (b) If we must reject your high bid for and conditions include? the mineral deposits. Submit either a reasons beyond your control, we will certified abstract of title or a title (a) The proposed lease terms and return your bid deposit. conditions, including the rental, royalty (c) If we reject your bid because it is certificate, or the instrument rates, bond amount, and any special not the high bid, we will return your bid establishing your rights; and stipulations for the particular tract; deposit. (d) The names of the other owners, if (b) An explanation of how you may any, of the mineral interests. If you own submit your bid; Subpart 3509ÐFractional and Future the operating rights to the mineral by means of a contract with the mineral (c) Notification that you must Interest Lease Applications owner, you also need to submit three accompany your bid with your § 3509.10 What are future interest leases? copies of the mineral contract or lease. qualifications statement (see subpart BLM issues noncompetitive future 3502 of this part) and a deposit of one- interest leases to persons who hold § 3509.18 What will BLM do after it fifth of your bid amount; receives my application for a future interest present mineral interests that will revert lease? (d) Notification that if you are the to the Federal Government at some successful bidder, you must pay your future date. Future interest leases allow (a) After BLM receives your proportionate share of the total the present interest holders to continue application for a future interest lease, publication cost for the sale notice using their present mineral right once we will notify all other interest owners before we will issue the lease. Your the Federal Government acquires it. that they have 90 days to file share is based on the number of tracts applications for the same mineral you bid on successfully, divided by the § 3509.11 Under what conditions will BLM interest. total number of tracts offered for sale; issue a future interest lease to me? (b) If any other interest owners timely (e) A warning concerning 18 U.S.C. When it is in the public interest, we apply, we will hold a competitive lease 1860 which provides criminal penalties will issue you a future interest lease for sale among the qualified applicants. for manipulating the bidding process; lands where you either have an existing BLM will establish standards for the (f) A statement that the Secretary mining operation or have established competitive sale similar to those under reserves the right to reject any and all that a valuable deposit exists. subpart 3508 of this part, and provide bids, and to offer the lease to the next notice to all of the qualified applicants. § 3509.12 Who may apply for a future (c) If no other qualified owners timely qualified bidder, if the successful bidder interest lease? apply, BLM may issue a future interest does not get the lease for any reason; You may apply for a future interest and lease to you. BLM will establish the lease only if you have a present interest amount of the bonus bid you must pay (g) Any other information we deem in the minerals. You must hold more through appraisal. appropriate. than 50 per cent of either the fee § 3509.20 When does my future interest § 3508.20 How will BLM conduct the sale interest, a lease interest or an operating lease take effect? and handle bids? rights interest. You must also meet the qualification requirements set forth in Your future interest lease will be We will open and announce all bids subpart 3502 of this part. effective on the date the minerals vest at the time and date specified in the in the United States, as stated in the notice of lease sale, but we will not § 3509.15 Do I have to pay for a future lease. accept or reject bids at that time. We interest lease? must receive your bid by the deadline You must pay fair market value for § 3509.25 For what reasons will BLM reject in the sale notice or we will not the mineral deposit when title vests in my application for a future interest lease? consider it. You may withdraw or the United States. You also will be We will reject your application: modify your bid before the time required to pay royalty on your (a) If you do not meet the specified in the notice of sale. production. qualifications in § 3509.15 of this part;

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(b) If you filed your application less a title certificate or the instrument Subpart 3510ÐNoncompetitive than one year before the minerals vest establishing your rights; and Leasing: Fringe Acreage Leases and in the United States; or (d) The names of the other owners, if Lease Modifications (c) We determine that issuing the any, of the mineral interests. If you own lease is not in the public interest. § 3510.11 If I already have a Federal lease, the operating rights to the mineral by or the mineral rights on adjacent private § 3509.30 May I withdraw my application means of a contract with the mineral lands, may I lease adjoining Federal lands for a future interest lease? owner, you also need to submit three that contain the same deposits without competitive bidding? Yes. You must file the withdrawal copies of the mineral contract or lease. with BLM before the lease is signed. Yes. If the adjoining Federal lands are § 3509.48 What will BLM do after it BLM will retain the application fee. available for leasing, you may lease receives my application for a fractional them noncompetitively, even if they are § 3509.40 What are fractional interest interest lease? known to contain a deposit of the prospecting permits and leases? (a) After BLM receives your mineral you are interested in leasing. They are prospecting permits and application for a fractional interest We will either issue a new lease for leases for parcels where the United lease, we will notify all other interest these lands (fringe acreage) or add the States holds less than 100 per cent of owners that they have 90 days to file lands to your existing Federal lease the mineral interest of the parcel. applications for the same mineral (modification). Fractional interest leases allow interest. development of the shared mineral § 3510.12 What must I do to obtain a lease interests. (b) If any other interest owners timely modification or fringe acreage lease? apply, we will hold a competitive lease (a) File three copies of your § 3509.41 For what lands may BLM issue sale among the qualified applicants. application with the BLM office that fractional interest prospecting permits and BLM will establish standards for the administers the lands. No specific leases? competitive sale similar to those under application form is required. We issue them for lands where the subpart 3508 of this part, and provide (b) Include a non-refundable filing fee United States owns less than 100 per notice to all of the applicants. of $25, and an advance rental payment cent of the mineral interest and where (c) If no other qualified owners timely in accordance with the rental rate for we have determined it is in the public the mineral commodity you are seeking. apply, BLM may issue a fractional interest to grant the permit or lease. We If you want to modify an existing lease, interest lease to you. BLM will establish will only grant fractional interest BLM will base the rental payment on permits or leases with the consent of the the amount of the bonus bid you must the rate in effect for the lease being surface managing agency. If we believe pay through appraisal. modified. a mineral deposit exists but do not § 3509.49 What terms and conditions (c) Your application must: know, we may issue a noncompetitive apply to my fractional interest prospecting (1) Show the serial number of the fractional interest lease. permit or lease? lease if the lands adjoin an existing Federal lease; § 3509.45 Who may apply for a fractional BLM will apply the commodity- interest prospecting permit or lease? (2) Contain a complete and accurate specific terms and conditions found in description of the lands desired; Only persons who have an interest in this part to fractional interest (3) Show that the mineral deposit the non-Federal share of the same prospecting permits and leases. minerals may apply for a fractional specified in your application extends interest lease of the minerals. § 3509.50 Under what conditions would from your adjoining lease or from Applicants must also meet the BLM reject my application for a fractional private lands you own or control; and qualification standards in subpart 3502 interest prospecting permit or lease? (4) Include proof that you own or of this part. control the mineral deposit in the BLM will reject your fractional adjoining lands if they are not under a § 3509.46 How do I apply for a fractional interest application if: Federal lease. interest prospecting permit or lease? (a) You do not meet the qualifications § 3510.15 What will BLM do with my No specific form is required. Include in § 3509.45 of this part; application? a $25 filing fee with the application. (b) You would have an interest in the We will issue or modify a lease under Submit the application to the BLM total Federal and non-Federal mineral office with jurisdiction over the lands. this subpart only if we determine that: estate of less than 50% once the (a) The lands are contiguous to your § 3509.47 What information must I include fractional interest prospecting permit or existing Federal lease or to non-Federal in my application for a fractional interest lease is issued, unless we determine it lands you own or control; prospecting permit or lease? would be in the best interests of the (b) The new fringe lease does not Your application must include all the government to issue the permit or lease; exceed the maximum size allowed in a same information we require when you or lease, as specified in § 3503.37 of this apply for a regular competitive Federal (c) We determine that it is not in the part; lease. See subpart 3508 of this part. In public interest to grant the lease. (c) The acreage of the modified lease, addition, you must include the including additional lands, is not in following: § 3509.51 May I withdraw my application excess of the maximum size allowed for (a) A land description; for a fractional interest prospecting permit a lease, as specified in § 3503.37 of this (b) Your certification that you meet or lease? part; the qualifications requirements (see Yes, if you file the withdrawal before (d) The mineral deposit is not in an subpart 3502 of this part); area of competitive interest to holders of the lease is signed. BLM will retain the (c) Evidence of your title or the extent other active mining units in the area; application fee. of your rights in the mineral deposits. (e) The lands for which you applied Submit either a certified abstract of title, lack sufficient reserves of the mineral

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Period of Renewal or Commodity Initial Term Readjustment

(a) Phosphate ...... Indeterminate ...... Subject to readjustment at the end of each 20 year period. (b) Sodium ...... 20 years ...... Can be renewed for 10 years at the end of the ini- tial term and for following 10 year periods. (c) Potassium ...... Indeterminate ...... Subject to readjustment at the end of each 20 year period. (d) Sulphur ...... 20 years ...... Can be renewed for 10 years at the end of the ini- tial term and for following 10 year periods. (e) Gilsonite ...... 20 years and for as long thereafter as gilsonite is Subject to readjustment at the end of each 20 produced in paying quantities. year period. (f) Hardrock Minerals ...... not to exceed 20 years ...... Can be renewed for 10 years at the end of the ini- tial term and for following 10 year periods. (g) Asphalt ...... 20 years ...... Can be renewed for 10 years at the end of the ini- tial term and for following 10 year periods.

§ 3511.25 What is meant by lease § 3511.26 What if I object to the terms and a non-refundable $25 filing fee and an readjustment and lease renewal? conditions BLM proposes for a readjusted advance rental payment of $1 per acre lease? (a) If your lease is issued subject to or fraction of an acre. (a) You have 60 days after receiving readjustment, BLM will notify you of § 3511.30 If I appeal BLM's proposed new the readjusted terms before the end of the proposed readjusted terms to object. If we do not receive your objection terms, must I continue paying royalties or each 20-year period. If we do not timely rentals while my appeal is pending? within 60 days, the proposed readjusted notify you of readjusted terms, those terms will be in effect. If you file an Yes. Continue to pay royalties and leases continue for another 20-year objection, BLM will issue a decision in rentals at the original rate. Your period under the same terms and response. If you disagree with the obligation to pay any increased conditions. decision, you may appeal under parts 4 readjusted royalties, minimum royalties (b) If you have a lease that requires and 1840 of this title. and rentals will be suspended while renewal, we will issue the lease for an (b) The readjusted lease terms and your appeal is considered. However, initial term as specified in § 3510.15 of conditions will be effective pending the any increased charges accrue beginning this part. You must apply for a renewal outcome of any appeal, unless BLM with the effective date of the of the lease at least 90 days before the provides otherwise. readjustment or renewal, while final initial term ends in order to extend the action on your appeal is pending. If the lease for an additional term. If you do § 3511.27 How do I renew my lease? increased charges are sustained on not renew the lease, it expires and the File an application at least 90 days appeal, you must pay the accrued lands become available for re-leasing. before the lease term expires. No balance, plus interest at the rate MMS BLM may change some of your lease specific form is required. Send us three specifies for late payment in 30 CFR terms when we renew a lease. copies of your application together with part 218.

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Subpart 3512ÐAssignments and § 3512.17 How do I transfer the operating Subpart 3513ÐWaiver, Suspension or Subleases rights in my permit or lease? Reduction of Rental and Minimum (a) You must file one copy of the Royalties How to Assign Leases agreement to transfer operating rights § 3513.11 May BLM relieve me of the lease § 3512.11 Once BLM issues me a permit or within 90 days from the date of final execution of the agreement. requirements of rental, minimum royalty, or lease, may I assign or sublease it? production royalty while continuing to hold You may assign or sublease your (b) The transferee must also file a the lease? permit or lease in whole or in part to signed and dated request for approval, a statement of qualifications (see Yes. BLM has a process which may any person, association, or corporation allow you temporary relief from these qualified to hold a permit or lease. subpart 3502 of this part) and a $25 fee. (c) We will notify you with a decision lease requirements. § 3512.12 Is there a fee for requesting an indicating approval or disapproval. § 3513.12 What criteria does BLM consider assignment or sublease? in approving a waiver, suspension, or Special Circumstances and Obligations When you submit your instrument for reduction in rental or minimum royalty, or assignment of record title or operating § 3512.18 Will BLM approve my a reduction in the royalty rate? rights, or for transfer of overriding assignment or sublease if I have We will consider if approval: royalties, you must pay a non- outstanding liabilities? (a) Is in the interest of conservation; refundable filing fee of $25. BLM will Before we will approve your (b) Will encourage the greatest not accept any instrument without the assignment of a permit or lease, your ultimate recovery of the resource; and filing fee. account must be in good standing. We (c) Is necessary either to promote will also approve the assignment if the development of the mineral resources or § 3512.13 How do I assign my permit or assignee and his or her surety provides because you cannot successfully operate lease? written acceptance of your outstanding the lease under existing terms. (a) Within 90 days of final execution liabilities under the permit or lease. In of the assignment, you must submit § 3513.15 How do I apply for reduction of addition, the assignee must either rental, royalties or minimum production? three copies of your instrument for furnish a new bond equivalent to your You must send us two copies of your assignment of each permit or lease. The existing bond or obtain consent of the application with the following instrument must contain: surety on your bond to substitute the information for all leases involved: (1) The assignee’s name and current assignee as the principal. address; (a) The serial numbers; (b) The name of the record title (2) The interest held by you and the § 3512.19 Must I notify BLM if I intend to holder(s); interest you plan to assign; transfer an overriding royalty to another party? (c) The name of the operator and (3) The serial number of the affected Yes. Although we do not approve operating rights owners if different from permit or lease; the record title holder(s); (4) The amount of overriding royalties these transfers, you must file all overriding royalty interest transfers with (d) A description of the lands by legal you retain; subdivision; (5) The date and your original the BLM within 90 days from the date of execution. Include the transferees’s (e) A map showing the serial number signature on each copy, as the assignor; and location of each mine or excavation and statement of qualifications required in subpart 3502 of this part and the $25 and the extent of the mining operations; (6) The assignee must also send BLM filing fee. (f) A tabulated statement of the a request for approval of the assignment leasable minerals mined for each month which must contain: Effect of Assignments on Your covering at least the last twelve months (i) A statement of the assignee’s Obligations before you filed your application, and qualifications and holdings, as required the average production mined per day by subpart 3502 of this part; § 3512.25 If I assign my permit or lease, when do my obligations under the permit or for each month; (ii) Date and original signature of the lease end? (g) If you are applying for relief from assignee; and the minimum production requirement, You and your surety remain (iii) A $25 filing fee. complete information as to why you did responsible for the performance of all (b) BLM must approve the not attain the minimum production; obligations under the permit or lease assignment. We will notify you with a (h) A detailed statement of expenses until the date we approve the decision indicating approval or and costs of operating the entire lease, assignment. You will continue to be disapproval. and the income from the sale of any responsible for obligations that accrued (c) If you are assigning a portion of leased products; prior to the date of our approval of the your permit or lease, we will create a (i) All facts showing why you cannot assignment, whether or not they were new permit or lease for the assigned successfully operate the mines under identified at the time of the transfer. portion, if approved. the royalty or rental fixed in the lease § 3512.30 What are the responsibilities of and other lease terms; § 3512.16 How do I sublease my lease? a sublessor and a sublessee? (j) For reductions in royalty, full (a) You must file one copy of the After BLM’s approval of a sublease information as to whether you pay sublease between you and the sublessee becomes effective, the sublessor and royalties or payments out of production within 90 days from the date of final sublessee are jointly and severably to anyone other than the United States, execution of the sublease. liable for performance of all obligations the amounts paid and efforts you have (b) The sublessee must also file a under the permit or lease. made to reduce them; signed and dated request for approval, (k) Documents demonstrating that the a statement of qualifications (see § 3512.33 Does an assignment or sublease total amount of overriding royalties paid subpart 3502 of this part) and a $25 fee. alter the permit or lease terms? for the lease will not exceed one-half the (c) We will notify you with a decision No, it does not alter permit or lease proposed reduced royalties due the indicating approval or disapproval. terms. United States; and

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(l) Any other information BLM needs period of suspension of operations and not be impaired, you may relinquish to determine whether the request production. your entire lease or any legal satisfies the standards in § 3513.12 of subdivision of it. Notify us in writing Suspension of Operations (Economic this part. that you intend to relinquish all or part Concerns) Suspension of Operations and of your lease. Include your original Production (Conservation Concerns) § 3513.30 What is a suspension of signature and date. If we approve your operations (economic concerns)? relinquishment, you are required to pay § 3513.20 What is a suspension of A suspension of operations (economic all accrued rentals and royalties, and to operations and production (conservation concerns) is an action by which BLM perform any reclamation of the leased concerns)? may approve your request to suspend lands that BLM may require. In some A suspension of operations and operations on your lease when cases, BLM may require you to preserve production (conservation concerns) is a marketing conditions are such that you any mines, productive works or BLM action where BLM orders or allows cannot operate your leases except at a permanent improvements on the leased you to suspend operations in the loss. BLM may not order a suspension lands in accordance with the terms of interest of conservation of natural of operations (economic concerns) your lease. resources. unless you request it. § 3514.12 What additional information § 3513.21 What is the effect of a § 3513.31 What is the effect of a should I include in a request for partial suspension of operations and production suspension of operations (economic relinquishment? (conservation concerns)? concerns)? Any partial relinquishment must also BLM will extend your lease term by This suspension does not affect the clearly describe the lands you are any periods of suspension of operations term of the lease or the annual rental relinquishing and give the exact area and production (conservation concerns). payment. BLM will reduce the involved. We will reduce the minimum annual minimum annual production production requirements of your lease § 3514.15 Where do I file my requirements of your lease in proportion relinquishment? proportionately for that time during a to that part of the lease year for which lease year in which a suspension of a suspension of operations is effective. File the relinquishment in the BLM operations and production is effective. office that issued the lease. You do not have to pay rental and § 3513.32 How do I apply for a suspension of operations (economic concerns)? § 3514.20 When is my relinquishment minimum annual production royalties effective? starting with the first day of the next Send us two copies of your When BLM approves your lease month after the suspension application which shows why your relinquishment, it will be effective as of becomes effective. However, if the lease cannot be operated except at a the date you filed it. suspension is effective on the first day loss. of the lease month, you may stop paying § 3513.33 When will my suspension of § 3514.21 When will BLM approve my rentals and royalties that same day. operations (economic concerns) take relinquishment? § 3513.22 How do I apply for a suspension effect? We will accept your relinquishment of operations and production (conservation Your suspension will be effective on when you have met all terms and concerns)? the date BLM specifies. You do not have conditions of the lease, including Send us two copies of an application to pay royalty on minimum annual reclamation obligations. that explains why it is in the interest of production beginning on the first day of Cancellations, Forfeitures, and Other conservation to suspend your operations the next lease month after the Situations and production. suspension becomes effective. If the effective date is the first of the month, § 3514.25 When does my lease expire? § 3513.23 May BLM order a suspension of you may stop paying royalty on (a) Sodium, sulphur, asphalt, and operations and production (conservation minimum annual production on that hardrock mineral leases expire at the concerns)? day. end of the lease term. If you file a timely Yes, BLM may order a suspension of application for lease renewal under operations and production. § 3513.34 When and how does my § 3511.27 of this part, your lease expires suspension of operations (economic § 3513.25 When will my suspension of concerns) expire or terminate? on the expiration date or the date BLM rejected your application, whichever is operations and production (conservation The suspension of operations concerns) take effect? later. (economic concerns) ends on the (b) Potassium, phosphate and Your suspension takes effect on the expirations date that BLM specifies in date BLM specifies. gilsonite leases continue for so long as the decision approving the suspension, you comply with the lease terms and § 3513.26 When and how does my or on the first day of the lease month in conditions which are subject to periodic suspension of operations and production which you resume operations, readjustment. (conservation concerns) expire or whichever occurs first. Your obligation (c) For more information, see terminate? for minimum annual production § 3511.15 of this part. Your suspension ends on the resumes at this time. expiration date that BLM specifies in § 3514.30 May BLM cancel my lease? the decision or order approving the Subpart 3514ÐLease Relinquishments (a) Yes. BLM may institute suspension, or on the first day of the and Cancellations appropriate proceedings in a court of lease month in which you resume Relinquishing Your Lease competent jurisdiction to cancel your operations or production, whichever lease if: occurs first. All lease terms and § 3514.11 May I relinquish my lease or any (1) You do not comply with the obligations resume on this date. MMS part of my lease? provisions of the Mineral Leasing Act, will allow credit towards future rentals If you can show, to BLM’s other relevant statutes, or regulations or royalties due, if you paid rent for the satisfaction, that the public interest will applicable to your lease; or

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(2) You default on any of the lease § 3515.12 What regulatory provisions (c) Contain a description of the lands terms, covenants or stipulations and apply if I want to exchange a lease or lease for which we would offer exchange continue to fail or default for 30 days right? terms; and after BLM notifies you in writing of your (a) Except as provided in paragraph (d) Ask you to describe the lands on default. (b) of this section, this subpart and the which you would accept a lease in (b) BLM may cancel your lease relevant provisions of part 2200 of this exchange for your present holdings. administratively if we issued it in title apply to mineral lease exchanges. Types of Lease Exchanges violation of any law or regulation. In (b) Exchanges involving the issuance such a case, we may consider issuing an of coal leases, coal lease bidding rights § 3515.20 May I exchange preference amended lease, if appropriate. or coal lease modifications are subject to rights? the regulations in subpart 3435 of this Yes. To have a preference right that § 3514.31 May BLM waive cancellation or chapter rather than to the regulations in forfeiture? can be exchanged, you must have timely this part. submitted a preference right lease Yes, but our waiver of any particular § 3515.15 May BLM initiate an exchange? application. If you have demonstrated a cause of forfeiture will not prevent us right to a lease, BLM may, in lieu of from canceling and forfeiting the lease Yes. When we do: (a) We will notify you that we are issuing the preference right lease, for any other cause or for the same cause negotiate for the selection of appropriate occurring at any other time. prepared to consider exchange of a mineral lease if you relinquish your lands to exchange and establish lease § 3514.32 Will BLM give me an opportunity existing leasing rights. terms for those lands. to remedy a violation of the lease terms? (b) We may exchange all or any part § 3515.21 What types of lands can be (a) If you own or control, directly or of the lands under your preference right exchanged? indirectly, an interest in a lease in lease application(s) or lease(s). The lands to be leased in exchange for violation of any of the provisions of the your existing rights must be: Mineral Leasing Act, other relevant § 3515.16 What standards does BLM use to assess the public interest of an (a) Subject to leasing under the statutes, the lease terms or the exchange? authorities of this part; and regulations in this part, we will give you BLM must find that the exchange is in (b) Acceptable to both you and BLM 30 days to remedy the violation or to as a lease tract containing a deposit of show cause why we should not ask the the public interest under the following criteria: leasable or hardrock minerals of equal Attorney General to institute court value to your existing rights. proceedings to: (a) The benefits of production from your existing lease or preference right to (1) Cancel the lease; § 3515.22 What if the lands to be a lease would not outweigh the adverse (2) Forfeit your interest; or exchanged are not of equal value? effects on, or threat of damage or (3) Compel disposal of the interest so If the lands are not equal in value, destruction to: owned or controlled. either party may equalize the value by (1) Agricultural production potential; paying money to the party receiving the (b) BLM will not give you 30 days if (2) Scenic values; property of lesser value. Such payments there is no legal remedy to the violation. (3) Biological values including may not exceed 25 percent of the total threatened or endangered species § 3514.40 What if I am a bona fide value of the land or interest transferred habitat; purchaser and my lease is subject to out of Federal ownership. The parties cancellation? (4) Geologic values; (5) Archeological, historic or other may mutually agree to waive the (a) If you are a bona fide purchaser, monetary payment, if the Secretary BLM will not cancel your lease or your cultural values; (6) Other public interest values such determines that: interest in a lease based on your (a) A waiver will expedite the predecessor’s actions. However, you as recreational use; (7) Residential or urban areas; exchange; must be sure that the lease is in (b) The public interest will be better compliance with the terms and (8) Potential inclusion in the wilderness or wild and scenic rivers served by the waiver than by the conditions required by BLM. payment; and (b) BLM will promptly take action to systems; or (9) Other public uses, including (c) The amount to be waived is no dismiss any party who shows they are public highways, airports, and rights-of- more than 3 percent of the value of the a bona fide purchaser from any legal way from lease operations. lands being transferred out of Federal proceedings to cancel the lease. (b) The lands proposed for exchange ownership, or $15,000, whichever is less. Subpart 3515ÐMineral Lease must be free from hazardous waste as Exchanges defined under the authorities of the Lease Exchange Procedures Federal Water Pollution Control Act (33 Lease Exchange Requirements U.S.C. 1251), Resource Conservation § 3515.23 May BLM require me to submit and Recovery Act (42 U.S.C. 6901) and additional information? § 3515.10 May I exchange my lease or Yes. You must be willing to provide lease right for another mineral lease or the Comprehensive Environmental lease right? Response, Compensation and Liability geologic and economic data we need to Act (42 U.S.C. 9601). determine the fair market value of your Yes. BLM may determine that preference right or lease to be operations on your lease or lands for § 3515.18 Will I be notified when BLM is relinquished. which you have a preference right to a considering initiating an exchange that will lease are not in the public interest. If affect my lease? § 3515.25 Is BLM required to publish you or BLM identify other lands for Yes. The notice you receive will: notice or hold a hearing? exchange, you may relinquish your (a) State why we believe an exchange Yes. After you and BLM agree on the current lease or preference right in would be in the public interest; lands for exchange, we will publish a exchange for a mineral lease of other (b) Ask whether you are willing to notice of the proposed exchange in the lands of equal value. negotiate for an exchange; Federal Register and in a newspaper(s)

VerDate 22-SEP-99 14:43 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00045 Fmt 4701 Sfmt 4700 E:\FR\FM\A01OC0.083 pfrm01 PsN: 01OCR3 53556 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations in the county(s) where the lands treat, or remove the mineral deposits. involving hardrock minerals are involved are located. The notice will Sodium use permits authorize you to agreements between one or more lessees include: occupy camp sites, develop refining and one or more other persons to justify (a) The time and place of a public works and use the surface for other large scale operations for the discovery, hearing(s); purposes connected with, and necessary development, production, or (b) Our preliminary findings that the to, the proper development and use of transportation of ores. exchange is in the public interest; and the deposits. (c) A request for public comments on § 3517.11 Are permits and leases covered by approved agreements exempt from the the merits of the proposed exchange. § 3516.15 How do I apply for a use permit? You must file three copies of your acreage limitations? § 3515.26 When will BLM make a decision application in the BLM office Hardrock mineral permits and leases on the exchange? administering the lands you are committed to development contracts or After the public hearing and interested in. There is no specific form processing or milling arrangements consideration of public comments, we required. Include a nonrefundable $25 approved by BLM are exempt from state will determine whether issuance of the filing fee and the first year’s rental. and nationwide acreage limitations. We exchange lease is in the public interest. Calculate the rental in accordance with will not count them toward your If it is, we will then process the § 3504.15 of this part. maximum acreage holdings. However, exchange. If not, we will cancel the § 3516.16 What must I include with my individual hardrock mineral leases exchange. application? committed to a development contract or § 3515.27 Will BLM attach any special You must agree to pay the annual lease may not exceed 2560 acres in size. provisions to the exchange lease? charge identified in the permit, and § 3517.15 How do I apply for approval of Yes, the lease terms will contain a provide the following information: one of these agreements? (a) Specific reasons why you need the statement that you quitclaim and No specific form is required. Submit relinquish any right or interest in your additional lands; (b) A description of the lands applied three copies of your application to the preference right lease application or BLM office with jurisdiction over some lease exchanged. for; (c) Any information demonstrating or all of the lands in which you are Subpart 3516ÐUse Permits that the lands are suitable and interested. Include the following appropriate for your needs; and information: § 3516.10 What are use permits? (d) Evidence that the lands are (a) Copies of the contract or other Use permits allow you to use the unoccupied and unappropriated. agreement affecting the Federal surface of lands not included within § 3516.20 Is there an annual fee or charge hardrock mineral leases or permits, or your permit or lease to help you develop for use of the lands? both; the mineral deposits. You may only get Yes. You must pay the annual $1 per (b) A statement showing the nature a use permit during the life of your acre rental, or $20, whichever is greater, and reason for your request; permit or lease, and only for unentered, on or before the anniversary date of the (c) A statement showing all the unappropriated, BLM-administered permit. interests held in the area of the land. Use permits are not prospecting agreement by the designated contractor; permits. § 3516.30 What happens if I fail to pay the annual rental on my use permit? and § 3516.11 What kinds of permits or leases Your use permit will terminate (d) The proposed or agreed upon plan allow use permits? automatically if you fail to pay the of operation for development of the Use permits are issued only in required rental within 30 days after we leased lands. support of phosphate and sodium serve you with a written notice of the permits and leases. For phosphate § 3517.16 How does BLM process my rental requirement. application? permits and leases, BLM may issue you a use permit to use up to 80 acres. For Subpart 3517ÐHardrock Mineral (a) We will consider whether the sodium leases, use permits are limited Development Contracts; Processing agreement will conserve natural to no more than 40 acres. and Milling Arrangements resources and is in the public interest. (b) Once the agreement is signed by § 3516.12 What activities may I conduct § 3517.10 What are development contracts under a use permit? and processing and milling arrangements? all the parties, we may approve it. Phosphate use permits authorize you Development contracts and [FR Doc. 99–25352 Filed 9–30–99; 8:45 am] to conduct activities to properly extract, processing and milling arrangements BILLING CODE 4310±94±P

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DEPARTMENT OF TRANSPORTATION Persons interested in being placed on sell’’ rule, a comprehensive set of a mailing list for future FAA rulemaking regulations that provide for the Federal Aviation Administration documents should request from the allocation and transfer of air carrier and above office a copy of Advisory Circular commuter slots (50 FR 52180; December 14 CFR Part 93 No. 11–2A, Notice of Proposed 20, 1985). The two primary features of [Docket No. FAA±1999±4971, Amendment Rulemaking Distribution System, which this rule were, first, that initial No. 93±78] describes application procedures. allocation would be accomplished by ‘‘grandfathering’’ existing slots to the RIN 2120±AG50 Small Business Regulatory Enforcement carriers that currently held them, and Fairness Act High Density Airports; Allocation of second, that a relatively unrestricted Slots The Small Business Regulatory aftermarket in slots would be permitted. Enforcement Fairness Act (SBREFA) of As a result, effective April 1, 1986, slots AGENCY: Federal Aviation 1996, requires the FAA to comply with used for domestic operations could be Administration (FAA), DOT. small entity requests for information or bought and sold by any party. ACTION: Final rule. advice about compliance with statutes The FAA allocates slots designated for and regulations within its jurisdiction. international use by U.S. and foreign- SUMMARY: This action amends the Therefore, any small entity that has a flag carriers under procedures different regulations governing takeoff and question regarding this document may from those that apply to the allocation landing slots and slot allocation contact their local FAA official. Internet of slots designated as domestic. Under procedures at certain High Density users can find additional information on 14 CFR section 93.217, international Traffic Airports. As a result of the SBREFA in the ‘‘Quick Jump’’ section of slots are allocated at Kennedy and ‘‘Open Transborder’’ Agreement the FAA’s web page at http:// O’Hare twice a year for the summer and between the Government of the United www.faa.gov and may send electronic winter scheduling seasons. States and Government of Canada, this inquiries to the following Internet In promulgating the ‘‘buy/sell’’ rule, rule codifies the provisions of the address: 9–AWA–[email protected]. the Department determined that, as a bilateral agreement and ensures matter of international aviation policy, Background consistency between FAA regulations the allocation of new slots to governing slots and the bilateral The FAA has broad authority under international carriers at Kennedy and agreement. Title 49 of the United States Code O’Hare Airports would be made by the DATES: Effective on October 31, 1999. (U.S.C.), Subtitle VII, to regulate and FAA based on requests from foreign and FOR FURTHER INFORMATION CONTACT: control the use of navigable airspace of U.S. operators conducting international Lorelei D. Peter, Airspace and Air the United States. Under 49 U.S.C. operations (50 FR 52187; December 20, Traffic Law Branch, Regulations 40103, the agency is authorized to 1985). Division, Office of the Chief Counsel, develop plans for and to formulate O’Hare is unique in that domestic Federal Aviation Administration, 800 policy with respect to the use of slots are withdrawn to accommodate Independence Avenue, SW., navigable airspace and to assign by rule, requests for international operations Washington, DC 20591; telephone: (202) regulation, or order the use of navigable during each summer and winter season. 267–3073. airspace under such terms, conditions, 14 CFR section 93.217(a)(6) specifically SUPPLEMENTARY INFORMATION: and limitations as may be deemed provides that the FAA must allocate a necessary in order to ensure the safety slot for an international operation at Availability of Final Rule of aircraft and the efficient utilization of O’Hare upon request. If there is not an An electronic copy of this document the navigable airspace. Also, under available slot within 60 minutes of the may be downloaded using a modem and section 40103, the agency is further requested time, a slot would be suitable communications software from authorized and directed to prescribe air withdrawn from a domestic carrier to the FAA regulations section of the traffic rules and regulations governing fill that request. At LaGuardia, section FedWorld electronic bulletin board the efficient utilization of the navigable 93.217(a)(7) provides that additional service (telephone: (703) 321–3339), the airspace. slots will be allocated for international Government Printing Office’s (GPO) The High Density Traffic Airports operation if required by bilateral electronic bulletin board service Rule, or ‘‘High Density Rule,’’ 14 CFR agreement. At Kennedy, section (telephone: (202) 512–1661), or, if part 93, subpart K, was promulgated in 93.217(a)(8) provides that domestic slots applicable, the FAA’s Aviation 1968 to reduce delays at five congested will be withdrawn for international Rulemaking Advisory Committee airports: JFK International Airport, operations only if required by bulletin board service (telephone: (800) LaGuardia Airport, O’Hare International international obligations. 322–2722 or (202) 267–5948). Airport, Ronald Reagan National At the time of the ‘‘buy/sell’’ rule, the Internet users may reach the FAA’s Airport, and Newark International Department concluded that since certain web page at http://www.faa.gov/avr/ Airport (33 FR 17896; December 3, slots used for international operations arm/nprm/nprm.htm or the GPO’s web 1968). The regulation limits the number are specially treated within Subpart S, page at http://www.access.gpo.gov/nara of instrument flight rule (IFR) it is important that the Department be for access to recently published operations at each airport, by hour or aware of which slots are being used for rulemaking documents. half hour, during certain hours of the those operations. Therefore, U.S. Any person may obtain a copy of this day. It provides for the allocation to carriers were required to submit to the document by submitting a request to the carriers of operational authority, in the FAA in writing, the slots that were used Federal Aviation Administration, Office form of a ‘‘slot’’ for each IFR landing or for international operations as of of Rulemaking, ARM–1, 800 takeoff during a specific 30- or 60- December 16, 1985. These slots were Independence Avenue, SW., minute period. The restrictions were then designated by the FAA as Washington, DC 20591, or by calling lifted at Newark in the early 1970’s. international slots. (202) 267–9677. Communications must On December 16, 1985, the International slots may not be bought, identify the amendment number or Department of Transportation sold, leased, or otherwise transferred, docket number of this final rule. (Department) promulgated the ‘‘buy/ except such slots may be traded to

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The comment period closed on include the ability of Canadian carriers However, FAA regulations permit the February 11, 1999, with 8 comments to ‘‘monetize’’ slot holdings, which use of domestic slots for either filed. Two additional reply comments permits the transfer of slots for any international or domestic service. were subsequently received and consideration. Since FAA regulations do Regardless of the type of service, i.e., considered. Seven comments were not permit the sale of international slots, domestic or international, the minimum submitted by airlines and one comment this reclassification of international slot usage requirement and withdrawal was submitted by an association. slots to domestic slots is in accordance procedures apply to a slot designated as American Airlines and Northwest with the terms of the Agreement. domestic. FAA regulations governing Airlines generally supported the The proposal was generally supported slots provide for lotteries of domestic proposal, with Air Canada and United by Air Canada, American Airlines, slots in certain circumstances. These Airlines supporting the proposal with Northwest Airlines, and United regulations also permit only U.S. certain modifications and clarifications. Airlines. The Air Carrier Association of carriers to participate in lotteries for Filing in opposition, the Air Carrier America commented that the proposal domestic slots. International slots are Association of America commented that would enable large carriers to increase not allocated by the lottery mechanism. the rulemaking should be suspended their slot holdings while new entrant until such time as the Department airlines are ‘‘frozen out of the airports.’’ U.S.-Canada Bilateral Agreement makes additional slots available to new Canadian Airlines commented that On February 24, 1995, the entrant carriers. Canadian Airlines reclassifying certain international slots Government of the United States and commented that the proposed rules are [of U.S. carriers] would disadvantage the Government of Canada entered into insufficient to accomplish the goals of Canadian carriers because Canadian a bilateral agreement (Agreement) the Agreement and, if adopted, should carrier slots could be used only phasing in an ‘‘Open Transborder’’ be accompanied by proposals to transborder service between the U.S. regime between the two countries. increase access at the high density and Canada. Canadian Airlines argued Annex II of the Agreement specifically airports. Certain comments, discussed that since U.S. carriers could use the addresses slots and access to O’Hare, more fully below, raised issues that are slots for transborder service, for LaGuardia and Ronald Reagan National beyond the scope of this rulemaking and domestic U.S. service, or for other Airports. The Agreement provides that: beyond the scope of the ‘‘Open international service, the net effect (1) the Canadian carriers will be able to Transborder’’ Agreement between the would make the slots more valuable to obtain slots at the High Density Traffic Government of the United States and U.S. carriers, and therefore, more Airports under the same prevailing the Government of Canada. expensive for Canadian carriers to allocation system as U.S. carriers; (2) the Additionally, changes to or acquire. base level of slots established for interpretation of existing statutory FAA Response. After reviewing the Canada will consist of 42 slots at language concerning slot exemption comments, the FAA is adopting the rule LaGuardia, and 36 slots for the summer authority given to the Secretary of as proposed. FAA recognizes that season at O’Hare and 32 slots for the Transportation under 49 U.S.C. 41714 designating the slots as domestic is Winter season at O’Hare; (3) Canadian are also beyond the scope of this expected to provide additional carriers’ slot base at LaGuardia and rulemaking. economic benefits and increased O’Hare (which currently is comprised of The comments are divided into the flexibility for use of the slots. These international slots), effectively will following categories: (1) conversion of economic benefits were contemplated ‘‘convert’’ to domestic slots; (4) all slots certain international slots to domestic for Canadian carriers as part of the acquired by the Canadian carriers, slots; (2) establishment of regulatory negotiated Agreement, and the rule, as including the determined slot base, as base of slots for the Canadian carriers; adopted, provides similar treatment for described in (2) above, at LaGuardia and (3) international slot allocation; (4) U.S. carriers with long-term use of these O’Hare, will be subject to the minimum domestic slot allocation; and (5) slot international slots. Approximately 90% slot usage requirement set forth in withdrawal provision. of the reclassified slots were used in section 93.227 and may be withdrawn transborder U.S./Canada service and Conversion of International Slots of for failure to meet that requirement; (5) were operated by the carriers for many the provisions of bilateral agreement do Domestic Slots years both before and after the not permit the determined slot base at Notice No. 99–1 proposed Department’s slot allocation rules were LaGuardia and O’Hare to be withdrawn reclassifying to domestic slots 35 issued on December 16, 1985. for the purpose of providing a U.S. or international slots at Chicago O’Hare Reclassifying these international slots as foreign air carrier with slots for and 17 international slots at LaGuardia domestic does not increase the number international operations or to provide Airport held by U.S. carriers. In of slots that may be operated by the slots for new entrant operators; (6) any addition, the Canadian slot base of 36 carriers. Furthermore, maintaining an slots acquired after the transition date slots in the summer season, 32 slots in international designation on these slots that do not form part of the determined the winter season at Chicago O’Hare, used by U.S. carriers would not result slot base may be withdrawn at any time and 42 slots as LaGuardia Airport would in additional slot availability for new to fulfill operational needs; (7) neither also be classified as domestic. As entrant airlines. If certain international the Government of Canada nor any discussed in the proposal, the slots held by U.S. carriers were not Canadian carrier may modify the reclassification only applies to the reclassified as domestic, the FAA would determined slot base at LaGuardia or international slots that were held by be required to allocated international O’Hare and then have claim to any other U.S. carriers on December 16, 1985, slots for transborder services to U.S. time slot to restore the base; and (8) provided that an equivalent number of carriers while treating identical services

VerDate 25-SEP-99 18:22 Sep 30, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\01OCR4.XXX pfrm03 PsN: 01OCR4 53560 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations by Canadian carriers as domestic under Establishment of Regulatory Base of was signed in 1995. It is unclear from the terms of the Agreement. FAA Slots for Canadian Carriers the comments, therefore, what Air believes the reclassification for slots for The Agreement provides for a base Canada would identify as its requested U.S. carriers is not only equitable but, level of slots for Canadian carriers at ‘‘grandfathered’’ slot times. combined with adopted changes in Chicago O’Hare and LaGuardia Airport The FAA will consult with the affected individual affected carriers to allocation procedures for transborder that includes an increase over the determine the exact timing of the slots operations herein, provides equivalent number of slots operated by Canadian comprising the Canadian slot base. All treatment for U.S. and Canadian carriers at the time the Agreement was the slots included in the Canadian slot carriers. signed. Since summer 1995, the base will be with the slot controlled Canadian carriers have operated 10 Contrary to comments by the Air hours. FAA records indicate that the additional slots at Chicago O’Hare and Carrier Association of America, the FAA summer base of 36 slots at Chicago 14 slots at LaGuardia Airport per the does not find that adoption of the O’Hare has already been allocated for Agreement. The Canadian carriers base proposal would preclude, or affect in summer 1999 within the slot controlled at Chicago O’Hare includes the growth any way, the Department’s use of the hours of 6:45 a.m. through 9:14 p.m. exemption authority codified at 49 of operations by Canadian carriers since FAA records also indicate that the U.S.C. 41714 to increase access to the the international slot allocation rules Canadian carriers are allocated the base high density airports. were adopted in December 1985. At level of 42 slots at LaGuardia Airport O’Hare, this growth has resulted in 14 This final rule also adopts the during the peak slot-controlled hours of slots in the summer season and 10 slots 7:00 a.m. through 9:59 p.m. The FAA proposal to reduce the international in the winter. These slots are not base allocation for carriers subject to the will use historic records, to the extent allocated permanently to the Canadian practical, when determining the times of provisions of 14 CFR section carriers but are international slots that 93.217(a)(10). Canadian Airlines the slots comprising the base are allocated seasonally in time periods established under the new section commented that the reclassification for which domestic slots generally have would provide the largest U.S. carriers 93.218. The Chief Counsel of the FAA been withdrawn from U.S. carriers. will be the final decisionmaker for these with an opportunity to increase their Under the terms of the Agreement, these international allocation since the determinations. Canadian carriers may international slots are included as part subsequently transfer and trade slots reclassification of slots would bring of the base level of slots for Canadian under the current slot regulations that them below their international slot carriers. FAA regulations governing slot apply to U.S. carriers and domestic allocation limit. allocation do not provide for the slots. The allocation of international slots to permanent withdrawal of domestic slots carriers with 100 or more permanent at Chicago O’Hare for the Canadian slot International Slot Allocation slots at Chicago O’Hare is limited, by base. Air Canada commented that the The Notice proposed amending 14 regulation, to international slots held as slots constituting the base level should CFR section 93.217 to exclude of February 23, 1990. Carriers with 100 be within the slot-controlled hours at transborder service solely between a or more permanent slots at Chicago the high density traffic airports. Both high density traffic airport and Canada. O’Hare may add additional international Air Canada and Canadian Airlines Canadian Airlines commented that non- flights as long as they may be commented that their slot base was Canadian foreign carriers will gain an accommodated without withdrawal of significantly less than the major U.S. unfair advantage since they would domestic slots. This rule as adopted carriers at the high density airports, continue to have access to international provides for a permanent reduction to which makes it more difficult for them slots for transborder service while U.S. the February 23, 1999, international slot to make competitive schedule changes and Canadian carriers would not be base for affected carriers that within their own slot base. Furthermore, eligible to receive international slots. FAA Response. The FAA is adopting corresponds to the number of slots Air Canada cited difficulties with the rule as proposed. The Agreement reclassified as domestic under the trading of slots. Thus, Air Canada commented that slots constituting the clearly states that Canadian carriers are adopted provisions of new section base should be ‘‘grandfathered at the to be subject to the same slot allocation 92.218. American Airlines and United times required for competitively viable system as U.S. airlines for domestic Airlines are the only carriers subject to operations.’’ services. In order to ensure that this provision and both currently FAA Response: The FAA is adopting, Canadian and U.S. carriers are allocated operate international flights in excess of as proposed, an amendment to increase slots for transborder services in the the number of international slots the quota under 14 CFR section 93.123 same fashion, this rule treats allocated to them by using slots from by adding a footnote that specifically transborder flights between high density their domestic slot base. As stated in the allocates to the Canadian carriers 24 traffic airports and Canada as domestic proposal, after the permanent reduction slots at Chicago O’Hare International flights for slot allocation purposes. for the number of slots reclassified Airport and 14 slots at LaGuardia Flights by non-Canadian foreign carriers under section 93.218, American Airport. were not addressed in the slot Airlines’ international slot base under The FAA will consider historical provisions of the U.S./Canada bilateral section 93.217(a)(10) is reduced from 35 records of slot holdings to the extent aviation agreement and are not affected to 17 international slots and United practical and recognizes that Canadian by this change. Airlines’ international slot base is carriers previously have been allocated As proposed, the final rule amends reduced from 17 to 2. Therefore, international slots under the provisions the submission deadline for slots contrary to Canadian’s comment, of 14 CFR section 93.217. The allocation allocated under 14 CFR section 93.217 American and United’s international of international slots under this section by establishing a seasonal deadline slot allocation will continue to be has provided the Canadian carriers the through notice in the Federal Register. capped, but at a lower number, which opportunity to request and receive slot The current submission deadline is compensates for the conversion of timing adjustments for several articulated in the regulations as May 15 international slots to domestic. scheduling seasons since the Agreement for the following winter scheduling

VerDate 25-SEP-99 18:22 Sep 30, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\01OCR4.XXX pfrm03 PsN: 01OCR4 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations 53561 season and October 15 for the following Slot Withdrawal Provisions needs to withdraw domestic slots to summer season. The deadline typically The FAA is adopting the proposal to fund Canadian carrier operations and is within a few days of the submission amend section 93.223 by adding a new furthermore, that any carrier wishing to deadline established for the paragraph that would prevent the increase international operations at the International Air Transport Association withdrawal of slots comprising the airport should apply to the Secretary of Schedule Coordination Conferences. established Canadian slot base, as Transportation for an exemption to Coordination of the FAA submission specified in the Agreement and defined provide the service. United argued that deadline with the standard international in the new section 93.218, to fulfill the FAA should, as a matter of policy, deadline will reduce administrative requests for international operations or administratively reduce the legislative workload for the airlines requesting for new entrants. cap on the number of slots that it slots since they will no longer need to United Airlines requested that the withdraws for international allocation. The FAA does not agree with and track two separate submission FAA amend the proposed rules to finds no basis for United Airlines’ deadlines. No comments were filed extend the slot withdrawal protection, interpretation of 49 U.S.C. 41714(b). opposing this provision. provided to the Canadian carriers under This provision specifically prohibits the the Agreement, to the domestic slot of withdrawal of slots to exceed the total Domestic Slot Allocation U.S. carriers now reclassified under the number of slots withdrawn from an air new section 93.218(a). United Airlines The Notice also proposed to include carrier as of October 31, 1993. The FAA also proposed that FAA confirm, by eligible foreign air carriers in slot is limited, by statute, to allocating an rule, that for the purposes of lotteries under 14 CFR section 93.225(e), international slot only if the allocation determining the total number of were provided for by bilateral can be accommodated by available slots domestic slots withdrawn for agreement. Canadian Airlines combined with the number of slots international slot allocation under commented that the proposed available through the withdrawal of section 93.217, the FAA exclude slots amendment does not guarantee access to domestic slots. Neither the statutory that were withdrawn as of October 31, lotteries since the U.S./Canadian language nor the legislative history 1993, specifically used for transborder Bilateral Agreement does not indicate any Congressional intent to services. In addition, United Airlines specifically address lotteries. Both Air further limit the withdrawal process to contends that the FAA is limited to Canada and Canadian Airlines apply to carriers conducting service as withdrawing domestic slots for commented on statutory and other of October 31, 1993. international service only to the extent Lastly, the FAA and the Department legislative proposals related to access by that the requesting carrier provided air carriers to the high density traffic decline to issue any policy international service as of October 31, determination on further limiting the airports that may limit eligibility for 1993. non-U.S. carriers. The Air Carrier number of domestic slots withdrawn FAA Response: The FAA is not beyond the legislative cap set forth in 49 Association of America indicated the adopting United’s request to exclude the rulemaking should be suspended since U.S.C. § 41714(b) as this issue is outside reclassified slots from the pool of the scope of this rulemaking. Any action the Department has not increased domestic slots that are eligible for permanent slots for new entrant airlines. of this nature would be addressed in a withdrawal under the regulations. separate forum. FAA Response: The FAA does not Adopting this requested modification The FAA has inserted language in the agree with these comments. The would provide greater protection to regulatory text of § 93.225, Lottery of Agreement explicitly states that any slot these ‘‘reclassified’’ slots held by U.S. available slots, to further clarify that the needs of Canadian carriers above the carriers that is beyond the limits that lottery procedures apply not only to base levels shall be acquired through the apply to all other designated domestic U.S. carriers but also to foreign air prevailing system for slot allocation slots. In addition, this modification carriers where provided for by bilateral applicable to U.S. domestic operations. would have given the slots greater agreement. As stated in the Notice, slot lotteries are protection than they would have had in one of the regulatory methods by which 1985 had these slots been used for Effective Date available domestic slots are allocated to domestic service and not used for This rule is effective October 31, U.S. carriers. Consequently, it is international service and thus 1999, which coincides with the necessary to amend the regulations so designated as international slots. The beginning of the Winter 1999 that Canadian carriers are eligible to Agreement is silent on treatment of U.S. scheduling season. International slots participate in any slot lotteries. Thus, in carriers while it is specific on the for the upcoming winter season at accordance with the terms of the limitations on slot withdrawal for the O’Hare were allocated and confirmed Agreement, the rule as adopted permits Canadian slot base. The FAA is during the June 1999 IATA meeting eligible Canadian carriers to participate reclassifying certain international slots held in Miami, Florida. This rule does in slot lotteries. Canadian carriers will of U.S. carriers as domestic primarily to not affect any carrier’s allocation of also be subject to the same provisions treat U.S. and Canadian carriers in a international slots at O’Hare, nor the similar fashion for slot allocation governing lottery slots as U.S. carriers, slots withdrawn for the Winter 1999 purposes. The FAA does not believe such as use-or-lose and limitations on scheduling season. that identical treatment is required in all transfers, as are U.S. carriers. cases. The Rule In addition, the FAA reiterates that The rule as adopted increases the As a result of the U.S.-Canada the primary purpose of this rulemaking quota under section 93.123 to bilateral agreement, which phased in an is to amend the FAA slot regulations so accommodate a growth of 14 operations ‘‘Open Transborder’’ regime between that they are not in conflict with the by Canadian carriers since 1985 at the two countries, the FAA amends Agreement. Other issues related to slot Chicago O’Hare, which were largely Subparts K and S to: (1) codify, in a allocation procedures or slot exemption accommodated by the withdrawal of footnote to the hourly slot totals in policies are beyond the scope of this domestic slots. United Airlines subpart K, the 14 slots at LaGuardia and rulemaking. commented that the FAA no longer 24 slots at O’Hare that were allocated to

VerDate 22-SEP-99 15:03 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\A01OC0.097 pfrm01 PsN: 01OCR4 53562 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations the Canadian carriers in June 1995; (2) Environmental Policy Act as international slots held by Canadian exclude from the allocation of administrative and operating actions carriers as domestic slots and provides international slots at HDR airports pursuant to FAA Order 1050.1D, additional slots at O’Hare. While the transborder service operations solely Policies and Procedures for Considering FAA retains complete authority to between the airport and Canada; (3) set Environmental Impacts, paragraph withdraw slots for operational needs in forth the provisions that apply to slots 31(a)(1). As these provisions are accordance with 14 C.F.R. 93.223, the used for transborder service between the procedural in nature and lack the existing allocating mechanisms do not U.S. and Canada and codify the potential to impact the environment, provide a means for the FAA to allocate established base level of slots allocated similarly no further analysis is required the slots to the Canadian carriers. Title to Canadian carriers; (4) reclassify under other environmental laws or 14 C.F.R. section 93.225 provides that if certain international slots as domestic regulations. slots are available, the slots will be slots; (5) reduce the international distributed by random lottery with new Reclassification and Allocation of Slots allocation for air carriers that hold and entrant and limited incumbent carriers for Canadian Carriers operate more than 100 permanent slots receiving priority. In addition, fulfilling at O’Hare by the number of international In accordance with the Agreement, the Agreement obligation by allocating slots reclassified as domestic slots; (6) part one of this regulation reclassifies slots under 14 C.F.R. section 93.217 is permit Canadian carriers to participate slots held by Canadian carriers at not feasible since these slots are in any lotteries of domestic slots; and (7) LaGuardia and O’Hare airports. The allocated seasonally. Furthermore, even amend the regulatory deadline for Canadian carriers’ slots will be if allocating slots under 14 C.F.R. 93.217 submitting requests for international converted from international to a were feasible, slot withdrawals by the allocation to coincide with the modified form of domestic slots. Under FAA are legislatively capped at the level published IATA deadline. the arrangement mandated by the of slots withdrawn as of October 31, Agreement and codified in this 1993. 49 U.S.C. 41714(b)(2). As a Environmental Review regulation, the slots held by the practical matter, given the legislative The primary purpose of the regulation Canadian carriers would resemble cap, scheduling requirements, and is to amend the slot rule to conform to domestic slots in that (1) they can be regulations regarding priorities for the U.S.-Canadian Bilateral Agreement. bought, sold, or traded on the open reallocating slots, the withdrawal of FAA has concluded that the provisions market, and (2) they are subject to the slots will not provide for the 14 of the regulation that implement the bi-monthly use or lose requirement. additional slots needed at O’Hare Agreement do not involve proposed Unlike other domestic slots, however, pursuant to the Bilateral Agreement. federal agency action within the the slots held by Canadian carriers are Thus, lacking a mechanism for meaning of the National Environmental not subject to seasonal withdrawal for withdrawing the slots from the existing Policy Act (NEPA), 42 U.S.C. 4321, or international use pursuant to 14 C.F.R. slot holders and re-directing them to the other environmental laws. As explained section 93.217 or for new entrants. Canadian carriers, the FAA has no below, that Agreement specifically Part two of this regulation establishes choice but to comply with the Bilateral mandates the reclassification of base levels of permanent slots for the Agreement by creating 14 additional Canadian international slots as domestic Canadian carriers at LaGuardia and slots at O’Hare. NEPA requires agencies slots and the allocation of base level O’Hare. The Agreement directs that the to take environmental concerns into slots for Canadian carriers at LaGuardia Canadian carriers receive 42 permanent consideration when making decisions and O’Hare. These base level allocations slots at LaGuardia. Currently, the where a range of alternatives is reflect current slot holdings by Canadian carriers are using 42 slots at available. However, under these Canadian carriers except at O’Hare, LaGuardia so no additional allocation of circumstances, where no choice is where additional allocation was slots is necessary. This Agreement also involved, an action is ministerial and no required. The FAA had no discretion in directs that the Canadian carriers NEPA analysis is required. this regard. In allocating the additional receive 36 Summer slots and 32 Winter The FAA’s position that this portion slots required at O’Hare, the FAA could slots at O’Hare. Currently, the Canadian of the regulation is ministerial finds not maintain the same total number of carriers hold 22 permanent slots at support in the NEPA-implementing slots. There is a legislative cap on the O’Hare. The Canadian carriers also are regulations promulgating by the number of domestic slots withdrawn for currently allocated 14 seasonal slots for Department of State, 22 C.F.R. part 161. international operations and the FAA the summer and 10 seasonal slots for the Among the actions which the State lacks a regulatory mechanism to winter under 14 C.F.R. 93.217 in the Department exempts from NEPA permanently withdraw slots from one time periods for which domestic slots analysis are: carrier to redirect them to another for are withdrawn. To complete the base Mandatory actions required under any purposes of maintaining international level of slots at O’Hare, the regulation treaty or international agreement to obligations. provides that an additional 14 new slots which the United States Government is To assure fairness to the U.S. in the summer and 10 new slots in the a party, or required by the decisions of domestic carriers, the regulation will winter be allocated permanently to the international organizations or also reclassify certain international slots Canadian carriers. Because the Canadian authorities in which the United States is held by U.S. carriers as domestic slots. carriers are receiving these allocations a member or participant, except when To reflect the reclassification, it will as permanent per the Agreement, the the United States has substantial also reduce the international base regulation also provides that they are no discretion over implementation of such allocation for carriers subject to 14 CFR longer eligible to receive international requirements. 93.217(a)(10). FAA’s exercise of slots under 14 C.F.R. 93.217. By comparison, the allocation of slots discretion to exceed the requirements of No NEPA or other environmental of the Canadian carriers is an example the Agreement in this manner would analysis is required because these of an action that would likely be exempt not increase the overall number of slots portions of the regulation are ministerial under the State Department regulations. or operations. This portion of the rule in nature. The FAA has no choice about The FAA is required by the Agreement accordingly qualifies for categorical how to accomplish the international to allot permanent slots to the Canadian exclusion under the National mandate, which reclassifies carriers, and the agency has no

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Due to of a base level for the Canadian carriers, significant regulatory action’’ under the advantages domestic slots offer over as required by the Agreement, does not section 3(f) of Executive Order 12866 international slots, operators have an involve proposed federal action within and is considered significant under the enhanced opportunity to manage their the meaning of NEPA and other regulatory policies and procedures of assets in such a way as to maximize environmental laws. the Department of Transportation (44 FR their income. Therefore, the FAA has 11034, February 26, 1979). This rule determined that the rule is cost Reclassification of Slots Held by U.S. will not have a significant impact on a beneficial. Carriers and Reduction of International substantial number of small entities and Base Allocation of Carriers Subject to Regulatory Flexibility Assessment will not constitute a barrier to Regulatory Cap international trade. The Regulatory Flexibility Act of 1980 To prevent disparate treatment Although the total number of slots establishes ‘‘as a principle of regulatory between U.S. carriers and Canadian (international plus domestic) will not issuance that agencies shall endeavor, carriers, part one of the regulations also increase for any of the U.S. carriers, the consistent with the objective of the rule reclassifies certain identified number of domestic slots for affected and of applicable statutes, to fit international slots held by U.S. carriers carriers will increase. The rule will regulatory and informational as domestic slots. The FAA is also generate benefits for those air carriers requirements to the scale of the adopting the proposal to reduce the holding slots historically identified for business, organizations, and international slot base allocation for international use under 14 CFR governmental jurisdictions subject to carriers subject to 14 C.F.R. 93.215(d) because those international regulation.’’ To achieve that principal, 93.217(a)(10). While FAA is exercising slots will be converted to domestic slots. the Act requires agencies to solicit and discretional authority in these areas, Operators benefit because of the consider flexible regulatory proposals none of these aspects of the regulation enhanced flexibility they receive to and to explain the rational for their have the potential to increase total slots manage their scheduling at High Density actions. The Act covers a wide-range of or operations. Accordingly, they qualify Requirement airports. The slots that small entities, including small for categorical exclusion under the have been converted from international businesses, not-for-profit organizations National Environmental Policy Act as slots to domestic slots can be scheduled and small governmental jurisdictions. administrative and operating actions in Canada—U.S. transborder service, Agencies must perform a review to pursuant to FAA Order 1050.1D, they can be scheduled in other domestic determine whether a proposed or final Policies and Procedures for Considering service, or they can be scheduled for rule will have a significant economic Environmental Impacts, paragraph international service. Operators also impact on a substantial number of small 31(a)(1). No extraordinary receive an expanded economic value entities. If the determination is that it circumstances exist that would warrant because the market has placed a value will, the agency must prepare a preparation of an environmental on domestic slots if the operator decides regulatory flexibility analysis (RFA) as assessment, such as likelihood of to buy, sell, lease, barter, or collateralize described in the Act. controversy on environmental grounds. slots. Therefore, the FAA believes that However, if an agency determines that Similarly, as there are no potential the rule will benefit operators not only a proposed or final rule is not expected environmental impacts, analysis is not because domestic slots present a greater to have a significant economic impact required under other environmental measure of potential earning power than on a substantial number of small laws and regulations. do international slots, but also because entities, section 605(b) of the 1980 act domestic slots offer operators a better provides that the head of the agency Compatibility with ICAO Standards opportunity to manage their assets in may so certify and an RFA is not In keeping with U.S. obligations such a way as not to lose them due to required. The certification must include under the convention on International the minimum usage requirements; a statement providing the factual basis Civil Aviation, it is FAA policy to international slots do not provide this for this determination, and the comply with International Civil benefit. reasoning should be clear. Aviation Organization (ICAO) Standards This rule only affects Canadian This rule will impact entities and Recommended Practices to the carriers conducting transborder service regulated by part 93. The FAA has maximum extent practicable. The FAA into and out of the HDR airports and determined that the amendments to part determined that there are no ICAO U.S. carriers using certain designated 93, Subparts K and S will affect only Standards and Recommended Practices international slots in 1985 and the two Canadian carriers and four major that correspond to these proposed equivalent number held as of February U.S. carriers and the amendments will regulations. 24, 1998. The rule will not impose any not have a significant impact on these additional equipment, training, major air carriers’ costs. Therefore, the Regulatory Evaluation Summary administrative, or other cost to the FAA certifies that this rule will not have Changes to Federal regulations must carriers involved. Therefore, there is no a significant economic impact on a undergo several economic analyses. compliance cost associated with the substantial number of small entities. First, Executive Order 12866 directs that rule. each Federal agency shall propose or Qualitative benefits from the rule will International Trade Impact Statement adopt a regulation only upon a reasoned come from converting certain identified This rulemaking could positively determination that the benefits of the international slots to domestic slots, effect the sale of Canadian aviation intended regulation justify its costs. thereby affording operators greater services in the United States, but it Second, the Regulatory Flexibility Act flexibility because the converted slots would also positively affect the sale of of 1980 requires agencies to analyze the can be used for transborder service, any United States aviation services in economic effect of regulatory changes other domestic service, or for Canada. However, this rule is not

VerDate 22-SEP-99 15:03 Sep 30, 1999 Jkt 190000 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\A01OC0.099 pfrm01 PsN: 01OCR4 53564 Federal Register / Vol. 64, No. 190 / Friday, October 1, 1999 / Rules and Regulations expected to impose a competitive meaningful and timely opportunity to responsibilities among the various advantage or disadvantage to either U.S. provide input in the development of levels of government. Therefore, in air carriers doing business Canada or regulatory proposals. accordance with Executive Order 12612, Canadian air carriers doing business in This rule does not contain any it is determined that this rule will not the United States. This assessment is Federal intergovernmental or private have sufficient federalism implications based on the fact that this rule will not sector mandate. Therefore, the to warrant the preparation of a impose additional costs on either U.S. requirements of Title II of the Unfunded Federalism Assessment. or Canadian air carriers. Mandates Reform Act of 1995 do not apply. Energy Impact Unfunded Mandates Reform Act The energy impact of this final rule Assessment Paperwork Reduction Act has been assessed in accordance with Title II of the Unfunded Mandates Information collection requirements the Energy Policy and Conservation Act Reform Act of 1995 (the Act), enacted as in this amendment previously have (EPCA) and Public Law 94–163, as Pub. L. 104–4 on March 22, 1995, been approved by the Office of amended (42 U.S.C. 6362). It has been requires each Federal agency, to the Management and Budget (OMB) under determined that this proposed rule is extent permitted by law, to prepare a the provisions of the Paperwork not a major regulatory action under the written assessment of the effects of any Reduction Act of 1995 (49 U.S.C. provisions of the EPCA. Federal mandate in a proposed or final 3507(d)), and have been assigned OMB agency rule that may result in the control number 2120–0639. List of Subjects in 14 CFR Part 93 expenditure by State, local, and tribal This collection covers Canadian Air traffic control, Airports, Alaska, governments, in the aggregate, or by the carriers or commuter operators needing Navigation (air), Reporting and private sector, of $100 million or more to report to the FAA certain aspects of recordkeeping. (adjusted annually for inflation) in any their operations at HDR airports. one year. Section 204(a) of the Act, 2 Specifically, FAA regulation requires The Amendment U.S.C. 1534(a), requires the Federal notification of (1) requests for In consideration of the foregoing, the agency to develop an effective process confirmation of transferred slots; (2) Federal Aviation Administration to permit timely input by elected requests to be included in a lottery for amends part 93 of Title 14, Code of officers (or their designees) of State, available slots; (3) usage for slots on a Federal Regulations as follows: local, and tribal governments on a bi-monthly basis; and (4) requests for proposed ‘‘significant intergovernmental short-term use of off peak hour slots. PART 93ÐSPECIAL AIR TRAFFIC mandate.’’ A ‘‘significant The total reporting burden associated RULES AND AIRPORT TRAFFIC intergovernmental mandate’’ under the with this rule is 66 hours. The PATTERNS Act is any provision in a Federal agency requirement would be mandatory. 1. The authority citation for part 93 regulation that would impose an An agency may not conduct or continues to read as follows: enforceable duty upon State, local, and sponsor, and a person is not required to tribal governments, in the aggregate, of respond to a collection of information, Authority: 49 U.S.C. 106(g), 40103, 40106, $100 million (adjusted annually for unless it displays a current valid OMB 40109, 40113, 44502, 44514, 44701, 44719, inflation) in any one year. Section 203 control number. The OMB control 46301. of the Act, 2 U.S.C. 1533, which number associated with the collection of 2. Section 93.123 is amended in the supplements section 204(a), provides this information is 2120–0639. first chart in paragraph (a) by adding a that before establishing any regulatory new footnote 5 in the headings in Federalism Implications requirements that might significantly or column 2 and 4 of the chart and by uniquely affect small governments, the The regulations herein will not have revising the heading of the fifth column agency shall have developed a plan that, substantial direct effects on the states, to read as follows: among other things, provides for notice on the relationship between the national to potentially affected small government and the states, or on the § 93.123 High density traffic airports. governments, if any, and for a distribution of power and (a) * * *

IFR OPERATIONS PER HOURÐAIRPORT

Ronald Class of user LaGuardia 4,5 Newark O'Hare 2,3,5 Reagan National 1

******* 1 Washington National Airport operations are subject to modifications per section 93.124. 2 The hour period in effect at O'Hare begins at 6:45 a.m. and continues in 30-minute increments until 9:15 p.m. 3 Operations at O'Hare International Airport shall notÐ (a) Except as provided in paragraph (c) of the note, exceed 62 for air carriers and 13 for commuters and 5 for ``other'' during any 30-minute period beginning at 6:45 a.m. and continuing every 30 minutes thereafter. (b) Except as provided in paragraph (c) of the note, exceed more than 120 for air carriers, 25 for commuters, and 10 for ``other'' in any two consecutive 30-minute periods. (c) For the hours beginning as 6:45 a.m., 7:45 a.m., 11:45 a.m., 7:45 p.m. and 8:45 p.m., the hourly limitations shall be 105 for air carriers, 40 for commuters and 10 for ``other,'' and the 30-minute limitations shall be 55 for air carriers, 20 for commuters and 5 for ``other.'' For the hour be- ginning at 3:45 p.m., the hourly limitations shall be 115 for air carriers, 30 for commuters and 10 for ``others,'' and the 30-minute limitations shall be 60 for air carriers, 15 for commuters and 5 for ``other.'' 4 Operations at LaGuardia Airport shall notÐ (a) Exceed 26 for air carriers, 7 for commuters and 3 for ``other'' during any 30-minute period. (b) Exceed 48 for air carriers, 14 for commuters, and 6 for ``other'' in any two consecutive 30-minute period. 5 Pursuant to bilateral agreement, 14 slots at LaGuardia and 24 slots at O'Hare are allocated to the Canadian carriers. These slots are ex- cluded from the hourly quotas set forth in § 93.123 above.

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* * * * * in which case the unallocated slots will permanently modify the base number of 3. Section 93.217 is amended by be used to satisfy the request. slots. revising paragraphs (a) introductory * * * * * 4. Section 93.223 is amended by text, (a)(5), (a)(6), (a)(8) and (a)(10)(i) to (8) To the extent vacant slots are adding a new paragraph (c)(4) to read as read as follows: available, additional slots during the follows: high density hours shall be allocated at § 93.217 Allocation of slots for Kennedy Airport for new international § 93.223 Slot withdrawal. international operations and applicable scheduled air carrier and commuter * * * * * limitations. operations (beyond those operations for (c) * * * (a) Any air carrier of commuter which slots have been allocated under (4) No slot comprising the guaranteed operator having the authority to conduct §§ 93.215 and 93.217(a)(5)), if a request base of slots, as defined in section international operations shall be is submitted to the office specified in 93.318(b), shall be withdrawn for use for provided slots for those operations, § 93.221(a)(1) by the deadline published international operations or for new excluding transborder service solely in a Federal Register notice for each entrants. season. In addition, slots may be between HDR airports and Canada, * * * * * withdrawn from domestic operations for subject to the following conditions and operations at Kennedy Airport under 5. Section 93.225 is amended by the other provisions of this section: this paragraph if required by revising paragraph (e) to read a follows: * * * * * international obligations. § 93.225 Lottery of available slots. (5) Except as provided in paragraph * * * * * * * * * * (a)(10) of this section, at Kennedy and (10) * * * (e) Participation in a lottery is open to O’Hare Airports, a slot shall be (i) Allocation of the slot does not each U.S. air carrier or commuter allocated, upon request, for seasonal result in a total allocation to that carrier operator operating at the airport and international operations, including under this section that exceeds the providing scheduled passenger service charter operations, if the Chief Counsel number of slots allocated to and at the airport, as well as where provided of the FAA determines that the slot had scheduled by that carrier under this for by bilateral agreement. Any U.S. been permanently allocated to and used section on February 23, 1990, and as carrier, or foreign air carrier where by the requesting carrier in the same reduced by the number of slots provided for by bilateral agreement, that hour and for the same time period reclassified under § 93.218, and does is not operating scheduled service at the during the corresponding season of the not exceed by more than 2 the number airport and has not failed to operate preceding year. Requests for such slots of slots allocated to and scheduled by slots obtained in the previous lottery, or must be submitted to the office specified that carrier during any half hour of that slots traded for those obtained by in § 93.221(a)(1), by the deadline day, or lottery, but wishes to initiate scheduled published in a Federal Register notice * * * * * passenger service at the airport, shall be for each season. For operations during 3. A new § 93.218 is added to read as included in the lottery if that operator the 1986 summer season, requests under follows: notifies, in writing, the Slot this paragraph must have been § 93.218 Slots for transborder service to Administration Office, AGC–230, Office submitted to the FAA on or before and from Canada. of the Chief Counsel, Federal Aviation February 1, 1986. Each carrier (a) Except as otherwise provided in Administration, 800 Independence requesting a slot under this paragraph this subpart, international slots Avenue, SW., Washington, DC 20591. must submit its entire international identified by U.S. carriers for The notification must be received 15 schedule at the relevant airport for the international operations in December days prior to the lottery date and state particular season, noting which requests 1985 and the equivalent number of whether there is any common are in addition to or changes from the international slots held as of February ownership or control of, by, or with any previous year. 24, 1998, will be domestic slots. The other air carrier or commuter operator as (6) Except as provided in paragraph Chief Counsel of the FAA shall be the defined in § 93.213(c). New entrant and (a)(10) of this section, additional slots final decisionmaker for these limited incumbent carriers will be shall be allocated at O’Hare Airport for determinations. permitted to complete their selections international scheduled air carrier and (b) Canadian carriers shall have a before participation by other incumbent commuter operations (beyond those guaranteed base level of slots of 42 slots carriers is initiated. slots allocated under §§ 93.215 and at LaGuardia, 36 slots at O’Hare for the * * * * * 93.217(a)(5) if a request is submitted to Sumner season, and 32 slots at O’Hare the office specified in § 93.221(a)(1) and in the Winter season. Issued in Washington, DC, on September filed by the deadline published in a (c) Any modification to the slot base 27, 1999. Federal Register notice for each season. by the Government of Canada or the Jane F. Garvey, These slots will be allocated at the time Canadian carriers that results in a Administrator. requested unless a slot is available decrease of the guaranteed base in [FR Doc. 99–25453 Filed 9–30–99; 8:45 am] within one hour of the requested time, paragraph (b) of this section shall BILLING CODE 4910±13±M

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DEPARTMENT OF EDUCATION which the Secretary is making new Education and Rehabilitative Services. You awards for fiscal year (FY) 2000. The can find information related to each of these Direct Grant Programs Secretary takes this action to allow more under Group I. Three of the programs or time for the preparation and submission competitions are under the National Institute AGENCY: Department of Education. on Disability and Rehabilitation Research, of applications by potential applicants Office of Special Education and ACTION: Notice reopening application adversely affected by severe weather Rehabilitative Services. You can find deadline dates for certain direct grant conditions resulting from Hurricane information related to each of these under and fellowship programs. Floyd. The reopenings are intended to Group II. help these potential applicants compete SUMMARY: The Secretary reopens the ELIGIBILITY: The extension of deadline deadline dates for the submission of fairly with other applicants under these dates in this notice applies to you if you applications by certain applicants (see programs. are a potential applicant in an area that ELIGIBILITY) under certain direct grant Note: Twelve of the affected programs or the President declared a disaster area as programs. All of the affected competitions are under the Rehabilitation a result of Hurricane Floyd. These areas competitions are among those under Services Administration, Office of Special include the following:

State County and/or city

Connecticut ...... Fairfield, Hartford.

Delaware ...... New Castle.

Florida ...... Brevard, Broward, Dade, Duval, Flagler, Indian River, Martin, Nassau, Palm Beach, St. Johns, St. Lucie, Volusia.

Georgia ...... Bryan, Camden, Chatham, Glynn, Liberty, Mcintosh.

Maryland ...... Anne Arundel, Calvert, Caroline, Cecil, Charles, Harford, Kent, Queen Anne's, Somerset, St. Mary's, Talbot.

New Jersey ...... Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, Warren.

New York ...... Essex, Orange, Putnam, Rockland, Westchester.

North Carolina ...... Alamance, Anson, Beaufort, Bertie, Bladen, Brunswick, Camden, Carteret, Caswell, Chatham, Chowan, Columbus, Craven, Cumberland, Currituck, Dare, Davidson, Duplin, Durham, Edgecombe, Forsyth, Franklin, Gates, Gran- ville, Greene, Guilford, Halifax, Harnett, Hertford, Hoke, Hyde, Johnston, Jones, Lee, Lenoir, Martin, Mont- gomery, Moore, Nash, New Hanover, Northampton, Onslow, Orange, Pamlico, Pasquotank, Pender, Perquimans, Person, Pitt, Randolph, Richmond, Robeson, Rockingham, Rowan, Sampson, Scotland, Stanly, Stokes, Tyrrell, Union, Vance, Wake, Warren, Washington, Wayne, Wilson.

Pennsylvania ...... Bucks, Chester, Delaware, Lancaster, Montgomery, Philadelphia, York.

South Carolina ...... Allendale, Bamberg, Barnwell, Beaufort, Berkeley, Calhoun, Charleston, Chesterfield, Clarendon, Colleton, Dar- lington, Dillon, Dorchester, Florence, Georgetown, Hampton, Horry, Jasper, Kershaw, Lee, Lexington, Marion, Marlboro, Orangeburg, Richland, Sumter, Williamsburg.

Virginia ...... Accomack, Brunswick, Caroline, Chesapeake (city), Chesterfield, Colonial Heights (City), Dinwiddie, Emporia (city), Essex, Franklin (city) Gloucester, Greenville, Halifax, Hampton (city), Isle of Wight, James City, King and Queen, King William, Lancaster, Matthews, Mecklenberg, Middlesex, New Kent, Newport News (city), Norfolk (city), Northampton, Northumberland, Petersburg (city), Poquoson (city), Portsmouth (city), Prince George, Richmond, Richmond (city), Suffolk (city), Surry, Sussex, Southampton, Virginia Beach (city), Westmoreland, Williamsburg, York.

DATES: The new deadline date for that program. We have listed the date published in the Federal Register on transmitting applications under each and Federal Register citation of the April 28, 1999 (64 FR 22960–22963). competition is listed with that application notice for each program. You can also find the list of SSPOCs in competition. If you use a telecommunications the appendix to the Forecast of Funding If the program in which you are device for the deaf (TDD), you may call Opportunities under the Department of interested is subject to Executive Order the TDD number, if any, listed in the Education Discretionary Grant Programs 12372 (that is, all competitions in Group individual application notice. If we for Fiscal Year (FY) 2000. This is I), the deadline date for the transmittal have not listed a TDD number, you may available on the internet only at ed.gov/ of State process recommendations by call the Federal Information Relay funding.html. State Single Points of Contact (SSPOCs) Service (FIRS) at 1–800–877–8339. SUPPLEMENTARY INFORMATION: The and comments by other interested If you want to transmit a following is specific information about parties remains as originally posted: recommendation or comment under November 16, 1999. Executive Order 12372, you can find the each of the programs or competitions addresses of individual SSPOCs in the covered by this notice: ADDRESSES: The address and telephone appendix to the notice inviting number for obtaining applications for, applications for new awards for FY 1999 or information about, an individual under the Community Technology program are in the application notice for Centers Program. This notice was

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GROUP I.ÐREHABILITATION SERVICES ADMINISTRATION, OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES

Publication date Original dead- Revised dead- CFDA No. and name and Federal line date for ap- line date for ap- Register cite plications plications

84.129B Rehabilitation Long-Term Training-Vocational Rehabilitation Counseling ...... 7/27/99 9/17/99 10/15/99 (64 FR 40585) Rehabilitation Long-Term Training ...... 84.129C Rehabilitation Administration 7/27/99 9/17/99 10/15/99 (64 FR 40581) 84.129D±1 Physical Therapy 84.129D±2 Occupational Therapy 84.129E Rehabilitation Technology 84.129F Vocational Evaluation and Work Adjustment 84.129H Rehabilitation of Individuals Who Are Mentally Ill 84.129J Rehabilitation Psychology 84.129N Speech Pathology and Audiology 84.129P Specialized Personnel for Rehabilitation of Individuals Who Are Blind or Have Vision Impairments 84.129Q Rehabilitation of Individuals Who Are Deaf or Hard of Hearing 84.129R Job Development and Job Placement Services to Individuals with Disabil- ities 84.129W Rehabilitation Long Term Training-Comprehensive System of Personnel Development 7/27/99 9/17/99 10/15/99 (64 FR 40584)

GROUP II.ÐNATIONAL INSTITUTE ON DISABILITY AND REHABILITATION, OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES

Original deadline Revised dead- CFDA No. and name Publication date and date for applica- line date for ap- Federal Register cite tions plications

84.133F Research Fellowships 7/15/99 9/30/99 10/15/99 (64 FR 38248) 84.133G Field-Initiated Projects 7/15/99 9/30/99 10/15/99 (64 FR 38248) 84.133P Advanced Rehabilitation Research Training Projects 7/15/99 9/30/99 10/15/99 (64 FR 38248)

If you are an individual with a Document Format (PDF) on the Internet Note: The official version of this document disability, you may obtain a copy of this at either of the following sites: is the document published in the Federal notice in an alternate format (e.g. http://ocfo.ed.gov/fedreg.htm Register. Free Internet access to the official Braille, large print, audiotape, or http://www.ed.gov/news.html edition of the Federal Register and the Code computer diskette) on request to the To use the PDF you must have the of Federal Regulations is available on GPO contact person listed in the individual Adobe Acrobat Reader Program with Access at: http://www.access.gpo.gov/nara/ application notices. Search, which is available free at either index.html. Electronic Access to This Document of the previous sites. If you have Dated: September 29, 1999. questions about using the PDF, call the Thomas P. Skelly, You may view this document, as well U.S. Government Printing Office (GPO), Acting Chief Financial Officer. as all other Department of Education toll free, at 1–888–293–6498; or in the [FR Doc. 99–25705 Filed 9–29–99; 2:36 pm] documents published in the Federal Washington, D.C. area, at (202) 512– Register, in text or Adobe Portable 1530. BILLING CODE 4000±01±U

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Federal Register Presidential Documents Vol. 64, No. 190

Friday, October 1, 1999

Title 3— Presidential Determination No. 99–38 of September 21, 1999

The President Waiver of Sanctions on India and Pakistan

Memorandum for the Secretary of State[,] the Secretary of the Interior[, and the] Director, United States Information Agency

Pursuant to the authority vested in me as President of the United States, and consistent with section 902 of the India-Pakistan Relief Act of 1998 (Public Law 105–277), to the extent provided in that section, I hereby waive until October 20, 1999, the sanctions and prohibitions contained in sections 101 and 102 of the Arms Export Control Act insofar as such sanctions and prohibitions would otherwise apply to assistance to the Asian Elephant Conservation Fund, the Rhinoceros and Tiger Conservation Fund, and the Indo-American Environmental Leadership Program. The Secretary of State is hereby authorized and directed to report this determination to the Congress and to arrange for its publication in the Federal Register. œ–

THE WHITE HOUSE, Washington, September 21, 1999. [FR Doc. 99–25779 Filed 9–30–99; 9:43 am] Billing code 4710–10–M

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Presidential Determination No. 99–39 of September 21, 1999

Military Assistance Under Section 506(a)(1) of the Foreign Assistance Act of 1961, as Amended, to States Participating in the Multinational Force for East Timor

Memorandum for the Secretary of State [and] the Secretary of Defense

Pursuant to the authority vested in me by section 506(a)(1) of the Foreign Assistance Act of 1961, as amended, 22 U.S.C. 2318(a)(1) (the ‘‘Act’’), I hereby determine that: (1) an unforeseen emergency exists that requires immediate military assist- ance to states that may participate in the Multinational Force for East Timor; and, (2) the emergency requirement cannot be met under the authority of the Arms Export Control Act or any other law except section 506(a)(1) of the Act. Therefore, I direct the drawdown of defense articles from the stocks the Department of Defense, defense services of the Department of Defense, and military education and training of an aggregate value not to exceed $55,000,000 to provide military assistance to such states to support their efforts and to enhance their capabilities to restore peace and security to East Timor. The Secretary of State is authorized and directed to report this determination to the Congress and to arrange for its publication in the Federal Register. œ–

THE WHITE HOUSE, Washington, September 21, 1999. [FR Doc. 99–25780 Filed 9–30–99; 9:43 am] Billing code 4710–10–M

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Presidential Determination No. 99–40 of September 21, 1999

Drawdown of Commodities and Services Under Section 552(c)(2) of the Foreign Assistance Act of 1961, as Amended, for the United Nations Interim Administration Mission in Kosovo

Memorandum for the Secretary of State [and] the Secretary of Defense

Pursuant to the authority vested in me by section 552(c)(2) of the Foreign Assistance Act of 1961, as amended, 22 U.S.C. 2348a(c)(2) (the ‘‘Act’’), I hereby determine that: (1) as a result of an unforeseen emergency, the provision of assistance under Chapter 6 of Part II of the Act in amounts in excess of funds otherwise available for such assistance is important to the national interests of the United States; and (2) such unforeseen emergency requires the immediate provision of assist- ance under Chapter 6 of Part II of the Act. Therefore, I direct the drawdown of up to $5 million in commodities and services from the inventory and resources of the Department of Defense for the United Nations Interim Administration Mission in Kosovo. The Secretary of State is authorized and directed to report this determination to the Congress and to arrange for its publication in the Federal Register. œ–

THE WHITE HOUSE, Washington, September 21, 1999. [FR Doc. 99–25781 Filed 9–30–99; 9:43 am] Billing code 4710–10–M

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Presidential Determination No. 99–41 of September 22, 1999

Certification To Permit U.S. Contributions to the Inter- national Fund for Ireland With Fiscal Year 1998 and 1999 Funds

Memorandum for the Secretary of State

Pursuant to section 5(c) of the Anglo-Irish Agreement Support Act of 1986 (Public Law 99–415), as amended in section 2811 of the Omnibus Consoli- dated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105–277), I hereby certify that I am satisfied that: (1) the Board of the International Fund for Ireland, as a whole, is broadly representative of the interests of the communities in Ireland and Northern Ireland; and (2) disbursements from the International Fund (a) will be distributed to individ- uals and entities whose practices are consistent with principles of economic justice; and (b) will address the needs of both communities in Northern Ireland and will create employment opportunities in regions and commu- nities of Northern Ireland suffering from high rates of unemployment. You are authorized and directed to transmit this determination, together with the attached statement setting forth a detailed explanation of the basis for this certification, to the Congress. This determination shall be effective immediately and shall be published in the Federal Register. œ–

THE WHITE HOUSE, Washington, September 22, 1999. [FR Doc. 99–25782 Filed 9–30–99; 9:43 am] Billing code 4710–10–M

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Reader Aids Federal Register Vol. 64, No. 190 Friday, October 1, 1999

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER

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 Laws 523±5227 the revision date of each title.

Presidential Documents Executive orders and proclamations 523±5227 The United States Government Manual 523±5227

Other Services Electronic and on-line services (voice) 523±4534 Privacy Act Compilation 523±3187 Public Laws Update Service (numbers, dates, etc.) 523±6641 TTY for the deaf-and-hard-of-hearing 523±5229

ELECTRONIC RESEARCH World Wide Web Full text of the daily Federal Register, CFR and other publications: http://www.access.gpo.gov/nara Federal Register information and research tools, including Public Inspection List, indexes, and links to GPO Access: http://www.nara.gov/fedreg E-mail PENS (Public Law Electronic Notification Service) is an E-mail service for notification of recently enacted Public Laws. To subscribe, send E-mail to [email protected] with the text message: subscribe PUBLAWS-L your name Use [email protected] only to subscribe or unsubscribe to PENS. We cannot respond to specific inquiries. Reference questions. Send questions and comments about the Federal Register system to: [email protected] The Federal Register staff cannot interpret specific documents or regulations.

FEDERAL REGISTER PAGES AND DATE, OCTOBER 53179±53580...... 1

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REMINDERS COMMERCE DEPARTMENT FEDERAL MARITIME management, property The items in this list were National Oceanic and COMMISSION disposition, moderate editorially compiled as an aid Atmospheric Administration Tariffs and service contracts: rehabilitation, rental to Federal Register users. Fishery conservation and Shipping Act of 1984Ð voucher programs, etc.; published 10-1-99 Inclusion or exclusion from management: Dial-up service contract this list has no legal Caribbean, Gulf, and South filing system Tenant-based certificate significance. Atlantic fisheriesÐ termination; transition to and voucher programs Gulf of Mexico reef fish; internet-based system; merger into Housing published 9-1-99 published 7-29-99 Choice Voucher RULES GOING INTO Program; correction; EFFECT OCTOBER 1, Marine mammals: FEDERAL RESERVE published 9-14-99 Beluga whales havested in SYSTEM 1999 Section 8 housing; published Cook Inlet, AK; marking Extensions of credit by 8-11-99 and reporting by Alaskan Federal Reserve banks AGRICULTURE Natives; published 10-1-99 (Regulation A): INTERIOR DEPARTMENT DEPARTMENT DEFENSE DEPARTMENT Century date change period Land Management Bureau Agricultural Marketing (Y2K); special lending Minerals management: Service Acquisition regulations: program to extend credit Mining claims under general Egg, poultry, and rabbit Contract action reporting requirements (2000 FY); to eligible institutions to mining laws; surface products; inspection and accommodate liquidity management; published grading: published 8-19-99 Federal Acquisition Regulation needs; published 8-2-99 10-1-99 Fees and charges increase; (FAR): Procedure rules: INTERIOR DEPARTMENT published 9-24-99 Affirmative action reform in Branch notice applications, Fish and Wildlife Service Milk marketing orders: Federal procurement; etc.; technical Alaska National Interest Lands New England et al.; published 7-2-99 amendment; published 10- Conservation Act; Title VIII published 9-1-99 Contract action reporting 1-99 implementation (Subsistence AGRICULTURE requirements (2000 FY); GENERAL SERVICES priority): DEPARTMENT published 9-30-99 ADMINISTRATION Waters subject to Foreign Agricultural Service EDUCATION DEPARTMENT Federal Acquisition Regulation subsistence priority; Foreign Market Development Special education and (FAR): redefinition; published 1-8- Cooperator Program: rehabilitative services: Affirmative action reform in 99 Agricultural commodities; Projects with Industry Federal procurement; Alaska National Interest Lands foreign market Program; published 9-1-99 published 7-2-99 Conservation Act; Title VIII development programs; Small entity compliance implementation (subsistence published 9-30-99 ENVIRONMENTAL priority): PROTECTION AGENCY guide; published 7-2-99 AGRICULTURE Waters subject to Air pollutants, hazardous; HEALTH AND HUMAN DEPARTMENT subsistence priority; national emission standards: SERVICES DEPARTMENT Food and Nutrition Service redefinition Radon emissions from Children and Families Correction; published 7-1- Child nutrition programs: phosphogypsum stacks Administration 99 Women, infants, and Correction; published 10- Personal Responsibility and Migratory bird hunting: children; special 1-99 Work Opportunity supplemental nutrition Federal Indian reservations, Superfund program: Reconciliation Act of 1996; programÐ implementation: off-reservation trust lands, National oil and hazardous Farmers Market Nutrition and ceded lands; substances contingency Temporary Assistance for Program; published 9-2- published 9-23-99 planÐ Needy Families program; 99 published 4-12-99 Seasons, limits, and National priorities list Food stamp program: Temporary Assistance for shooting hours; update; published 10-1- establishment, etc.; Quality control system; State 99 Needy Families Program agencies workload published 9-28-99 FEDERAL Correction; published 7- reduction, etc.; technical 26-99 INTERIOR DEPARTMENT amendments; published 7- COMMUNICATIONS COMMISSION HEALTH AND HUMAN Surface Mining Reclamation 16-99 and Enforcement Office Common carrier services: SERVICES DEPARTMENT AGRICULTURE Permanent program and InterLATA 0+ calls; billed Health Care Financing DEPARTMENT abandoned mine land party preference; Administration Forest Service reclamation plan published 3-10-98 Medicare: Alaska National Interest Lands submissions: International settlement rate Hospital inpatient Conservation Act; Title VIII Wyoming; published 10-1-99 benchmarks; published 9- implementation (Subsistence prospective payment 1-99 systems and 2000 FY NATIONAL AERONAUTICS priority): AND SPACE FEDERAL EMERGENCY rates; published 7-30-99 Waters subject to ADMINISTRATION subsistence priority; MANAGEMENT AGENCY HOUSING AND URBAN Disaster assistance: DEVELOPMENT Federal Acquisition Regulation redefinition; published 1-8- (FAR): 99 Major disaster and DEPARTMENT emergency declarations; Low income housing: Affirmative action reform in Alaska National Interest Lands Federal procurement; Governors' requests; Housing assistance Conservation Atc; Title VIII published 7-2-99 implementation (subsistence evaluation; published 9-1- payments (Section 8)Ð Small entity compliance priority): 99 Contract rent annual guide; published 7-2-99 Waters subject to Flood insurance program: adjustment factors; subsistence priority; Write-your-own programÐ published 9-24-99 PENSION BENEFIT redefinition Expense allowance Fair market rent GUARANTY CORPORATION Correction; published 7-1- percentage; published schedules for rental Single-employer plans: 99 5-21-99 certificate, loan Allocation of assetsÐ

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Interest assumptions for international commerce; AGRICULTURE renewal requirements; valuing benefits; limited extension of DEPARTMENT published 9-3-99 published 9-15-99 requirements for Rural Business-Cooperative Spent nuclear fuel and high- Interest assumptions for labeling materials Service level radioactive waste; valuing benefits; poisonous by inhalation; Program regulations: independent storage; published 9-16-99 correction; published 9- Manufactured housing licensing requirements: 23-99 Packages intended for thermal requirements; Approved spent fuel storage SMALL BUSINESS transportation in published 9-2-99 casks; list additions; international commerce; ADMINISTRATION AGRICULTURE published 9-3-99 Disaster loan program: limited extension of Correction; published 9- requirements for DEPARTMENT Pre-disaster mitigation loans; 20-99 labeling materials Rural Housing Service published 9-3-99 poisonous by inhalation; Program regulations: TRANSPORTATION DEPARTMENT TRANSPORTATION correction; published 9- Manufactured housing DEPARTMENT 24-99 thermal requirements; Coast Guard Federal Aviation TRANSPORTATION published 9-2-99 Merchant marine officers and Administration DEPARTMENT AGRICULTURE seamen: Airworthiness directives: Surface Transportation DEPARTMENT Licenses, certificates of Pilatus Aircraft Ltd.; Board Rural Utilities Service registry, and merchant published 8-13-99 mariner documents; user General provisions: Program regulations: fees; published 8-5-99 TRANSPORTATION Miscellaneous amendments; Manufactured housing Correction; published 10- DEPARTMENT published 9-1-99 thermal requirements; 1-99 Federal Highway Miscellaneous amendments; published 9-2-99 Administration TRANSPORTATION published 10-1-99 ENVIRONMENTAL DEPARTMENT Motor carrier safety standards: TREASURY DEPARTMENT PROTECTION AGENCY Parts and accessories Alcohol, Tobacco and Air programs: Federal Aviation necessary for safe Firearms Bureau Administration operationÐ Ambient air quality Alcoholic beverages: surveillanceÐ Airworthiness directives: Trailers and semitrailers Wine; labeling and Allison Engine Co., Inc.; weighing 10,000 pounds Air quality index reporting; advertisingÐ published 8-5-99 or more and published 8-4-99 Johannisberg Riesling; Air quality implementation Pilatus Aircraft Ltd.; manufactured on or published 8-19-99 after January 26, 1998; additional grape plans; approval and Sikorsky; published 9-17-99 rear impact guards and varieties; published 9- promulgation; various protection requirements; 13-99 States: TRANSPORTATION published 9-1-99 TREASURY DEPARTMENT California; published 9-3-99 DEPARTMENT TRANSPORTATION Thrift Supervision Office District of Columbia; Federal Highway DEPARTMENT Lending and investments: published 8-5-99 Administration Research and Special Letters of credit issuance Hazardous waste program Motor carrier safety standards: Programs Administration and suretyship and authorizations: Railroad-highway grade Hazardous materials: guaranty agreements Wisconsin; published 8-5-99 crossing laws or Editorial corrections and restrictions; published 8- FEDERAL regulations violation; clarifications; published 9- 26-99¶ COMMUNICATIONS commercial motor vehicle 27-99 COMMISSION drivers disqualification provision; published 9-2- Hazardous materials RULES GOING INTO Radio stations; table of 99 transportationÐ EFFECT OCTOBER 3, assignments: Harmonization with UN 1999 Arizona; published 8-31-99 recommendations, Arkansas; published 8-31-99 COMMENTS DUE NEXT International Maritime POSTAL SERVICE California; published 8-31-99 WEEK Dangerous Goods Domestic Mail Manual: Colorado; published 8-31-99 Code, and International Bulk parcel return service; AGRICULTURE Civil Aviation Kansas; published 8-31-99 published 9-17-99¶ DEPARTMENT Organization's technical INTERIOR DEPARTMENT Agricultural Marketing instructions; published Fish and Wildlife Service Service 3-5-99 RULES GOING INTO Endangered and threatened Milk marketing orders: Harmonization with UN EFFECT OCTOBER 4, species: Texas; comments due by recommendations, 1999 'Oha wai, etc. (ten plant International Maritime 10-8-99; published 9-21- taxa from Maui Nui, HI); 99 Dangerous Goods AGRICULTURE published 9-3-99 Code, and International Olives grown inÐ DEPARTMENT NUCLEAR REGULATORY Civil Aviation California; comments due by Agricultural Marketing COMMISSION Organization; correction; 10-4-99; published 8-5-99 Service Byproduct material; domestic published 8-16-99 Papayas grown inÐ Avocados grown in Florida licensing: Harmonization with UN Hawaii; comments due by and imported; published 10- Industrial devices; recommendations, 1-99 10-4-99; published 9-2-99 International Maritime information requirements; Dangerous Goods AGRICULTURE published 8-4-99 AGRICULTURE Code, and International DEPARTMENT Domestic licensing and related DEPARTMENT Civil Aviation Farm Service Agency regulatory functions; Animal and Plant Health Organization; correction; Program regulations: environmental protection Inspection Service published 8-16-99 Manufactured housing regulations: User fees: Packages intended for thermal requirements; Nuclear power plant Agricultural quarantine and transportation in published 9-2-99 operating licenses; inspection services;

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comments due by 10-8- ENVIRONMENTAL due by 10-4-99; published Nationally recognized testing 99; published 8-9-99 PROTECTION AGENCY 9-30-99 laboratories; fees; Correction; comments due Air programs; approval and Radio frequency devices: reduction of public by 10-8-99; published promulgation; State plans Frequency hopping spread comment period on 9-16-99 for designated facilities and spectrum systems recognition notices; AGRICULTURE pollutants: operating in 2.4 GHz comments due by 10-4- DEPARTMENT Maryland; comments due by band for wider operational 99; published 8-18-99 Import quotas and fees: 10-8-99; published 9-8-99 bandwidths; comments LABOR DEPARTMENT due by 10-4-99; published Dairy tariff-rate quota Air quality implementation Pension and Welfare 7-20-99 licensing; comments due plans; approval and Benefits Administration by 10-4-99; published 8-4- promulgation; various FEDERAL DEPOSIT Employee Retirement Income 99 States: INSURANCE CORPORATION Security Act: COMMERCE DEPARTMENT California; comments due by Minority and women outreach Documents furnished to program-contracting: Labor Department National Oceanic and 10-8-99; published 9-8-99 Secretary on request; civil Atmospheric Administration Massachusetts; comments Contracting benefits for small disadvantaged penalties assessment; Fishery conservation and due by 10-4-99; published 9-2-99 businesses; comments comments due by 10-4- management: 99; published 8-5-99 Source-specific plansÐ due by 10-5-99; published Alaska; fisheries of 8-6-99 Plan and summary plan Navajo Nation, AZ; Exclusive Economic descriptions; superseded comments due by 10-8- FEDERAL MARITIME ZoneÐ regulations removed and 99; published 9-8-99 COMMISSION Pollock; comments due by Tariffs and service contracts: other technical 10-8-99; published 9-29- Navajo Nation, AZ; Shipping Act of 1984Ð amendments; comments 99 comments due by 10-8- due by 10-4-99; published Service contracts between Caribbean, Gulf, and South 99; published 9-8-99 8-5-99 shippers and ocean Atlantic fisheriesÐ Clean Air Act: common carriers; POSTAL SERVICE South Atlantic snapper- Interstate ozone transport comments due by 10-4- Practice and procedure: reductionÐ grouper; comments due 99; published 8-3-99 Environmental regulationsÐ by 10-4-99; published Connecticut, HEALTH AND HUMAN Floodplain and wetland 9-3-99 Massachusetts, and SERVICES DEPARTMENT procedures; comments South Atlantic snapper- Rhode Island; nitrogen Food and Drug due by 10-4-99; grouper; comments due oxides budget trading published 9-2-99 by 10-4-99; published program; significant Administration 9-3-99 contribution and Human drugs, animal drugs, PRESIDIO TRUST biological products, and Northeastern United States rulemaking findings; Management of Presidio; devices; foreign fisheriesÐ comments due by 10-5- general provisions, etc. 99; published 9-15-99 establishments registration Environmental quality; Atlantic bluefish; and listing; comments due Connecticut, comments due by 10-5- comments due by 10-7- by 10-8-99; published 8-9- Massachusetts, and 99; published 9-23-99 99; published 8-23-99 99 West Coast States and Rhode Island; nitrogen SOCIAL SECURITY INTERIOR DEPARTMENT Western Pacific oxides budget trading ADMINISTRATION fisheriesÐ program; significant Fish and Wildlife Service Social security benefits and contribution and Pacific Coast groundfish; Endangered and threatened supplemental security rulemaking findings; comments due by 10-6- species: income: comments due by 10-5- 99; published 9-21-99 Bald eagle; comments due Federal old age, survivors, 99; published 9-15-99 by 10-5-99; published 7-6- ENERGY DEPARTMENT and disability insurance, Grants and other Federal 99 and aged, blind, and Polygraph examination assistance: Tidewater goby; comments disabledÐ regulations; comments due Technical Assistance due by 10-4-99; published by 10-4-99; published 8-18- Age; clarification as Program; comments due 8-3-99 99 vocational factor; by 10-8-99; published 8- INTERIOR DEPARTMENT comments due by 10-4- ENERGY DEPARTMENT 24-99 Surface Mining Reclamation 99; published 8-4-99 Federal Energy Regulatory Hazardous waste program and Enforcement Office STATE DEPARTMENT Commission authorizations: Permanent program and Visas; nonimmigrant Electric utilities (Federal Power Louisiana; comments due by abandoned mine land documentation: Act): 10-4-99; published 9-2-99 reclamation plan Visa waiver pilot programÐ Depreciation accounting; Hazardous waste: submissions: public utilities and Portugal, et al.; comments Identification and listingÐ Alabama; comments due by due by 10-4-99; licensees; comments due 10-7-99; published 9-7-99 by 10-4-99; published 8-4- Exclusions; comments due published 8-3-99 JUSTICE DEPARTMENT 99 by 10-4-99; published TRANSPORTATION 8-18-99 Immigration and Rate schedules filingÐ DEPARTMENT Naturalization Service Regional Transmission Exclusions; comments due Federal Aviation Immigration: Organizations; by 10-8-99; published Administration correction; comments 8-24-99 Visa waiver pilot programÐ Airworthiness directives: due by 10-6-99; FEDERAL Portugal, Singapore, and Bell; comments due by 10- published 9-27-99 COMMUNICATIONS Uruguay; comments due 8-99; published 8-9-99 Practice and procedure: COMMISSION by 10-4-99; published Boeing; comments due by 8-3-99 Designation of corporate Radio and television 10-4-99; published 8-19- officials or other persons broadcasting: LABOR DEPARTMENT 99 to receive service; Two or more applications Occupational Safety and Bombardier; comments due comments due by 10-4- filed on same day; order Health Administration by 10-4-99; published 9-3- 99; published 8-4-99 processing; comments Safety and health standards: 99

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Eurocopter France; TRANSPORTATION The text of laws is not Administration authorizations. comments due by 10-4- DEPARTMENT published in the Federal (Sept. 29, 1999; 113 Stat. 99; published 8-4-99 Research and Special Register but may be ordered 482) in ``slip law'' (individual Raytheon; comments due by Programs Administration Last List October 1, 1999 pamphlet) form from the 10-4-99; published 8-20- Pipeline safety: Superintendent of Documents, 99 Gas gathering lines, definition; electronic U.S. Government Printing Robinson Helicopter Co.; discussion forum; Office, Washington, DC 20402 Public Laws Electronic comments due by 10-4- comments due by 10-8- (phone, 202±512±1808). The Notification Service 99; published 8-4-99 99; published 7-1-99 text will also be made (PENS) available on the Internet from Airworthiness standards: TREASURY DEPARTMENT GPO Access at http:// Fiscal Service Special conditionsÐ www.access.gpo.gov/nara/ PENS is a free electronic mail Marketable Treasury securities index.html. Some laws may notification service of newly GEC-Marconi/Boeing redemption operations; not yet be available. enacted public laws. To Model 737-800 airplane; comments due by 10-4-99; subscribe, go to www.gsa.gov/ comments due by 10-4- published 8-5-99 H.R. 1905/P.L. 106±57 archives/publaws-l.html or 99; published 8-18-99 Legislative Branch send E-mail to Appropriations Act, 2000 TRANSPORTATION [email protected] with LIST OF PUBLIC LAWS (Sept. 29, 1999; 113 Stat. DEPARTMENT the following text message: 408) This is a continuing list of National Highway Traffic SUBSCRIBE PUBLAWS-L public bills from the current H.R. 2490/P.L. 106±58 Safety Administration Your Name. session of Congress which Treasury and General Motor vehicle safety have become Federal laws. It Government Appropriations Note: This service is strictly standards: may be used in conjunction Act, 2000 (Sept. 29, 1999; for E-mail notification of new with ``P L U S'' (Public Laws 113 Stat. 430) laws. The text of laws is not Glazing materialsÐ Update Service) on 202±523± S. 1637/P.L. 106±59 available through this service. Low-speed vehicles, etc.; 6641. This list is also To extend through the end of PENS cannot respond to comments due by 10-4- available online at http:// the current fiscal year certain specific inquiries sent to this 99; published 8-4-99 www.nara.gov/fedreg. expiring Federal Aviation address.

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CFR ISSUANCES 1999 1±140 700±1699 JanuaryÐJuly 1999 Editions and Projected October, 141±199 1700±End 1999 Editions 200±End 25 20 Parts: This list sets out the CFR issuances for the January±July 1999 1±399 26 Parts: editions and projects the publication plans for the October, 1999 400±499 1 (§§ 1.0-1±1.60) quarter. A projected schedule that will include the January, 2000 500±End (cover only) 1 (§§ 1.61±1.169) quarter will appear in the first Federal Register issue of January. 1 (§§ 1.170±1.300) For pricing information on available 1998±1999 volumes 21 Parts: 1 (§§ 1.301±1.400) consult the CFR checklist which appears every Monday in 1±99 1 (§§ 1.401±1.440) the Federal Register. 100±169 1 (§§ 1.441±1.500) Pricing information is not available on projected issuances. The 170±199 1 (§§ 1.501±1.640) (cover only) weekly CFR checklist and the monthly List of CFR Sections 200±299 1 (§§ 1.641±1.850) Affected will continue to provide a cumulative list of CFR titles 300±499 1 (§§ 1.851±1.907) and parts, revision date and price of each volume. 500±599 1 (§§ 1.908±1.1000) 600±799 1 (§§ 1.1001±1.1400) Normally, CFR volumes are revised according to the following 800±1299 1 (§ 1.1401±End) schedule: 1300±End 2±29 Titles 1±16ÐJanuary 1 30±39 Titles 17±27ÐApril 1 22 Parts: 40±49 Titles 28±41ÐJuly 1 1±299 50±299 300±End 300±499 Titles 42±50ÐOctober 1 500±599 All volumes listed below will adhere to these scheduled revision 23 600±End dates unless a notation in the listing indicates a different revision date for a particular volume. 24 Parts: 27 Parts: 0±199 1±199 Titles revised as of January 1, 1999: 200±499 200±End Title 500±699 CFR Index 200±End Titles revised as of July 1, 1999: Title 1±2 (Cover only) 10 Parts: 1±50 28 Parts: 35 (cover only) 3 (Compilation) 51±199 0±42 200±499 43±End 36 Parts: 4 (Cover only) 500±End 1±199 29 Parts: 200±299 5 Parts: 11 0±99 300±End 1±699 100±499 700±1199 12 Parts: 500±899 (cover only) 37 1200±End 1±199 900±1899 200±219 1900±1910.999 38 Parts: 6 [Reserved] 220±299 1910.1000±End 0±17 300±499 1911±1925 18±End 7 Parts: 500±599 1926 1±26 600±End 1927±End 39 27±52 53±209 13 30 Parts: 40 Parts: 210±299 1±199 1±49 300±399 14 Parts: 200±699 50±51 400±699 1±59 700±End 52 (§ 52.01Ð52.1018) 700±899 60±139 52 (§ 52.1019 to end) 900±999 140±199 31 Parts: 53±59 1000±1199 200±1199 0±199 60 1200±1599 1200±End 200±End 61±62 1600±1899 63 (§ 63.1Ð63.1199) 1900±1939 15 Parts: 32 Parts: 63 (§ 63.1200ÐEnd) 1940±1949 0±299 1±190 64±71 1950±1999 300±799 191±399 72±80 2000±End 800±End 400±629 81±85 630±699 86 8 16 Parts: 700±799 87±135 0±999 800±End 136±149 9 Parts: 1000±End 150±189 1±199 33 Parts: 190±259 1±124 260±265 Titles revised as of April 1, 1999: 125±199 266±299 200±End 300±399 Title 400±424 17 Parts: 18 Parts: 34 Parts: 425±699 1±199 1±399 1±299 700±789 200±239 400±End 300±399 790±End 240±End 400±End 19 Parts:

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Ch. 101 140±155 Chs. 7±14 41 Parts: Chs. 102±200 156±165 Ch. 15±28 Chs. 1±100 Ch. 201±End 166±199 Ch. 29±End 200±499 Projected October 1, 1999 editions: 500±End 49 Parts: 1±99 Title 47 Parts: 100±185 42 Parts: 45 Parts: 0±19 186±199 1±399 1±199 20±39 200±399 400±429 200±499 40±69 400±999 430±End 500±1199 70±79 1000±1199 1200±End 80±End 1200±End 43 Parts: 1±999 46 Parts: 48 Parts: 50 Parts: 1000±End 1±40 Ch. 1 (1±51) 1±199 41±69 Ch. 1 (52±99) 200±599 44 70±89 Ch. 2 (201±299) 600±End 90±139 Chs. 3±6

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TABLE OF EFFECTIVE DATES AND TIME PERIODSÐOCTOBER 1999

This table is used by the Office of the dates, the day after publication is A new table will be published in the Federal Register to compute certain counted as the first day. first issue of each month. dates, such as effective dates and When a date falls on a weekend or comment deadlines, which appear in holiday, the next Federal business day agency documents. In computing these is used. (See 1 CFR 18.17)

DATE OF FR 15 DAYS AFTER 30 DAYS AFTER 45 DAYS AFTER 60 DAYS AFTER 90 DAYS AFTER PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION

October 1 October 18 November 1 November 15 November 30 December 30

October 4 October 19 November 3 November 18 December 3 January 4

October 5 October 20 November 4 November 19 December 6 January 4

October 6 October 21 November 5 November 22 December 6 January 4

October 7 October 22 November 8 November 22 December 6 January 5

October 8 October 25 November 8 November 22 December 7 January 6

October 12 October 27 November 12 November 26 December 13 January 11

October 13 October 28 November 12 November 29 December 13 January 11

October 14 October 29 November 15 November 29 December 13 January 12

October 15 November 1 November 15 November 29 December 14 January 13

October 18 November 2 November 17 December 2 December 17 January 16

October 19 November 3 November 18 December 3 December 20 January 19

October 20 November 4 November 19 December 6 December 20 January 19

October 21 November 5 November 22 December 6 December 20 January 19

October 22 November 8 November 22 December 6 December 21 January 20

October 25 November 9 November 24 December 9 December 27 January 25

October 26 November 10 November 26 December 10 December 27 January 25

October 27 November 12 November 26 December 13 December 27 January 25

October 28 November 12 November 29 December 13 December 27 January 26

October 29 November 15 November 29 December 13 December 28 January 27

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