7–25–00 Tuesday Vol. 65 No. 143 July 25, 2000 Pages 45701–45830

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1 II Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000

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 interest. Paper or fiche 523–5243 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 $638, or $697 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 $253. Six month subscriptions are available for one-half the annual rate. The charge for individual copies in paper form is $9.00 for each issue, or $9.00 for each group of pages as actually bound; or $2.00 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: 65 FR 12345.

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2 III

Contents Federal Register Vol. 65, No. 143

Tuesday, July 25, 2000

Agricultural Research Service Drug Enforcement Administration NOTICES RULES Patent licenses; non-exclusive, exclusive, or partially Freight forwarding facilities for DEA distributing exclusive: registrants; establishment North Carolina State University, 45748 Correction, 45829 Prescriptions: Agriculture Department Facsimile transmission for patients enrolled in hospice See Agricultural Research Service programs, 45712–45713 See Animal and Plant Health Inspection Service See Food and Nutrition Service Education Department See Food Safety and Inspection Service NOTICES See Forest Service Agency information collection activities: See Rural Telephone Bank Submission for OMB review; comment request, 45763 NOTICES Agency information collection activities: Employment and Training Administration Submission for OMB review; comment request, 45747– NOTICES 45748 Meetings: Registered Apprenticeship Federal Committee, 45803– Alcohol, Tobacco and Firearms Bureau 45804 PROPOSED RULES Alcohol; viticultural area designations: Energy Department Fair Play, El Dorado County, CA, 45739–45742 See Federal Energy Regulatory Commission Animal and Plant Health Inspection Service NOTICES Environmental Protection Agency Agency information collection activities: RULES Proposed collection; comment request, 45748–45749 Air programs: Ozone areas attaining 1-hour standard; identification of Arts and Humanities, National Foundation areas where standard will cease to apply; findings See National Foundation on the Arts and the Humanities rescission Correction, 45829 Centers for Disease Control and Prevention Air quality implementation plans; approval and NOTICES promulgation; various States: Grant and cooperative agreement awards: Maryland, 45718–45720 American Indian Higher Education Consortium, 45776– PROPOSED RULES 45777 Air quality implementation plans; approval and Grants and cooperative agreements; availability, etc.: promulgation; various States: State and local health information and data systems Maryland, 45743 improvement, 45777–45780 NOTICES Agency information collection activities: Coast Guard Submission for OMB review; comment request, 45765 RULES Grants and cooperative agreements; availability, etc.: Drawbridge operations: Wetland Program Development Grants, 45765–45769 New York, 45716–45718 Pesticide, food, and feed additive petitions: Monsanto Co., 45769–45773 Commerce Department Superfund; response and remedial actions, proposed See Foreign-Trade Zones Board settlements, etc.: See International Trade Administration Bioclinical Laboratories Site, NY, 45774 See National Institute of Standards and Technology Water supply: See National Oceanic and Atmospheric Administration Underground injection control program— Hydraulic fracturing of coal beds for methane gas Committee for the Implementation of Textile Agreements recovery; study design, 45774–45775 NOTICES Special access and special regime programs: Executive Office of the President Participation denial— See Presidential Documents Top Kid’s, Inc., 45762–45763 Federal Aviation Administration Commodity Futures Trading Commission RULES RULES Airworthiness directives: Federal claims collection: Bell, 45703–45704 Civil monetary penalties; inflation adjustment, 45709– Boeing, 45705–45706 45711 Class E airspace, 45707–45709

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NOTICES Food Safety and Inspection Service Meetings: NOTICES Aviation Rulemaking Advisory Committee, 45817 Hazardous analysis and critical control point (HACCP) inspection; industry petition; comment request, 45749– Federal Communications Commission 45750 RULES Digital television stations; table of assignments: Foreign-Trade Zones Board Georgia, 45720 NOTICES Radio stations; table of assignments: Applications, hearings, determinations, etc.: Georgia, 45723 New York, 45752 New Mexico, 45721–45722 Oklahoma, 45722 Forest Service Tennessee, 45721 NOTICES Texas, 45722 Environmental statements; notice of intent: Utah, 45723 Medicine Bow-Routt National Forests, CO, 45750–45751 Wyoming, 45720–45721 Meetings: PROPOSED RULES Intergovernmental Advisory Committee, 45751 Digital television stations; table of assignments: North Dakota, 45743–45744 Health and Human Services Department Radio stations; table of assignments: See Centers for Disease Control and Prevention Alabama, 45745–45746 See Food and Drug Administration Missouri, 45745 See National Institutes of Health Montana, 45744–45745 See Substance Abuse and Mental Health Services Oregon, 45744–45745 Administration NOTICES Agency information collection activities: Housing and Urban Development Department Submission for OMB review; comment request, 45775 NOTICES Commission Registration System (CORES); on-line filing Agency information collection activities: system, 45775 Proposed collection; comment request, 45787 Submission for OMB review; comment request, 45787– Federal Energy Regulatory Commission 45788 NOTICES Mortgage and loan insurance programs: Hydroelectric applications, 45763–45764 Credit Watch Termination Initiative; list of mortgagees whose Origination Approval Agreements have been Federal Motor Carrier Safety Administration terminated, 45788–45789 NOTICES Motor carrier safety standards: Interior Department Driver qualifications— See Fish and Wildlife Service Adams, Henry Wayne, et al.; vision requirement See Land Management Bureau exemptions, 45817–45825 See Minerals Management Service See Federal Railroad Administration See Reclamation Bureau NOTICES Agency information collection activities: International Trade Administration Proposed collection; comment request, 45825–45826 NOTICES Antidumping: Federal Reserve System Glycine from— NOTICES China, 45752–45753 Meetings; Sunshine Act, 45776 Natural bristle paint brushes and brush heads from— China, 45753–45754 Fish and Wildlife Service Steel concrete reinforcing bars from— NOTICES Various countries, 45754–45761 Environmental statements; availability, etc.: Export trade certificates of review, 45761 Contiguous United States and Alaska; nestling American peregrine falcons, 45789–45790 International Trade Commission NOTICES Food and Drug Administration Import investigations: RULES Desktop note counters and scanners from— Animal drugs, feeds, and related products: Various countries, 45800–45801 Halofuginone and roxarsone, 45711–45712 Helical spring lock washers from— China and Taiwan, 45801–45802 Food and Nutrition Service Integrated circuit chipsets, components, and products PROPOSED RULES containing same, 45802–45803 Child nutrition programs: Special milk, summer food service, and child and adult Justice Department care food programs, and free and reduced price See Drug Enforcement Administration meals and free milk in schools— Children’s eligibility information; disclosure, 45725– Labor Department 45739 See Employment and Training Administration

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See Mine Safety and Health Administration Scientific Review Center, 45785–45786

Land Management Bureau National Oceanic and Atmospheric Administration NOTICES RULES Committees; establishment, renewal, termination, etc.: Fishery conservation and management: Science Advisory Board, 45790 Alaska; fisheries of Exclusive Economic Zone— Oil and gas leases: Pacific Ocean perch, 45723–45724 Utah, 45790 Resource management plans, etc.: National Park Service California Desert Conservation Area, NV and CA; NOTICES amendment, 45790–45791 National Register of Historic Places: Pending nominations, 45797–45799 Minerals Management Service NOTICES Northeast Dairy Compact Commission Agency information collection activities: Submission for OMB review; comment request, 45791– NOTICES Meetings, 45805 45797 Royalty management: Indian gas production in designated areas not associated Presidential Documents with index zones; additional royalty payments; major PROCLAMATIONS portion prices and due dates, 45797 Special observances: Parents’ Day (Proc. 7331), 45701–45702 Mine Safety and Health Administration PROPOSED RULES Public Health Service Coal mine safety and health: See Centers for Disease Control and Prevention Respirable coal mine dust; concentration determination See Food and Drug Administration Correction, 45743 See National Institutes of Health Underground coal mine operators’ dust control plans and See Substance Abuse and Mental Health Services compliance sampling for respirable dust; verification Administration Correction, 45742 Reclamation Bureau National Archives and Records Administration NOTICES NOTICES Environmental statements; availability, etc.: Committees; establishment, renewal, termination, etc.: Coachella Canal Lining Project, CA, 45799–45800 Presidential Libraries Advisory Committee, 45804 Research and Special Programs Administration National Foundation on the Arts and the Humanities NOTICES NOTICES Hazardous materials: Meetings: Applications; exemptions, renewals, etc., 45826–45827 Humanities Panel, 45804–45805 Rural Telephone Bank National Highway Traffic Safety Administration NOTICES RULES Meetings; Sunshine Act, 45751–45752 National Driver Register Problem Driver Pointer System; transition procedures, 45714–45716 Securities and Exchange Commission National Institute of Standards and Technology NOTICES NOTICES Agency information collection activities: Meetings: Submission for OMB review; comment request, 45805 Symmetric key block cipher algorithms; operation modes; Self-regulatory organizations; proposed rule changes: workshop, 45761–45762 Board Options Exchange, Inc., 45805–45808 New York Stock Exchange, Inc., 45808–45810 National Institutes of Health Pacific Exchange, Inc., 45810–45813 NOTICES Grants and cooperative agreements; availability, etc.: Small Business Administration Psychiatric disease; diagnosis, treatment, and monitoring; NOTICES novel methods and composition, 45780–45782 Committees; establishment, renewal, termination, etc.: Meetings: National Small Business Development Center Advisory National Human Genome Research Institute, 45782 Board, 45814 National Institute of Child Health and Human Development, 45783–45784 State Department National Institute of Diabetes and Digestive and Kidney NOTICES Diseases, 45782–45783 Art objects; importation for exhibition: National Institute of General Medical Sciences, 45783– Painting Revolution: Kandinsky, Malevich and the 45785 Russian Avant-Garde, 45814 National Institute of Mental Health, 45784 Silver in Ancient Peru, 45814 National Institute on Aging, 45782 Meetings: National Library of Medicine, 45785 Shipping Coordinating Committee, 45814

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Substance Abuse and Mental Health Services See Surface Transportation Board Administration NOTICES NOTICES Aviation proceedings: Agency information collection activities: Hearings, etc.— Submission for OMB review; comment request, 45786– Farwest Airlines, LLC, 45814–45815 45787 Meetings: Electronic drug testing information roundtable, 45815 Surface Transportation Board Transportation workplace drug and alcohol testing NOTICES programs; procedures, 45815–45817 Rail carriers: Control exemptions— Treasury Department Mars, Thomas Z., 45827–45828 Railroad operation, acquisition, construction, etc.: See Alcohol, Tobacco and Firearms Bureau Soo Line Railroad Co., 45828 Veterans Affairs Department Textile Agreements Implementation Committee NOTICES See Committee for the Implementation of Textile Meetings: Agreements Rehabilitation Research and Development Service Scientific Merit Review Board, 45828 Transportation Department See Coast Guard See Federal Aviation Administration See Federal Motor Carrier Safety Administration Reader Aids See Federal Railroad Administration Consult the Reader Aids section at the end of this issue for See National Highway Traffic Safety Administration phone numbers, online resources, finding aids, reminders, See Research and Special Programs Administration and notice of recently enacted public laws.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 7731...... 45701 7 CFR Proposed Rules: 215...... 45725 225...... 45725 226...... 45725 245...... 45725 14 CFR 39 (2 documents) ...... 45703, 45705 71 (2 documents) ...... 45707, 45708 17 CFR 143...... 45709 21 CFR 558...... 45711 1301...... 45829 1306...... 45712 1307...... 45829 23 CFR 1325...... 45713 1327...... 45713 27 CFR Proposed Rules: 9...... 45739 30 CFR Proposed Rules: 70...... 45742 72...... 45743 75...... 45742 90...... 45742 33 CFR 117...... 45716 40 CFR 52...... 45718 81...... 45829 Proposed Rules: 52...... 45743 47 CFR 73 (8 documents) ...... 45720, 45721, 45722, 45723 Proposed Rules: 73 (6 documents) ...... 45743, 45744 50 CFR 679...... 45723, 45745

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Federal Register Presidential Documents Vol. 65, No. 143

Tuesday, July 25, 2000

Title 3— Proclamation 7331 of July 21, 2000

The President Parents’ Day, 2000

By the President of the United States of America

A Proclamation

Parents play a crucial role in shaping our lives and the life of our Nation. They nurture us as infants when we are unable to help ourselves, protect us as toddlers when we wander into trouble, encourage us as adolescents when we dream about the future, and guide us as adults as we face the challenges and opportunities of our own families and careers. It is through their care that we learn the invaluable lessons of love, family, and community; and it is through their selflessness that we come to understand the joy of making a difference in the life of another. Throughout our Administration, Vice President Gore and I have strived to provide parents with the tools they need to meet their responsibilities. The Family and Medical Leave Act, which I signed in 1993, has allowed more than 20 million Americans to take up to 12 weeks of unpaid leave to care for a newborn or an ailing relative without fear of losing their job. We have also worked to make child care safer, better, and more affordable for millions of families, and we have expanded preschool and after-school programs to give parents more flexibility in balancing the demands of job and family. And we have worked hard for parents to make the dream of a college education for their sons and daughters a reality—with new HOPE scholarships, more work-study opportunities, higher Pell grants, and more affordable student loans. Parenting is a lifetime commitment and a lifetime challenge—it involves balancing the demands of family, friends, career, and community. Yet par- enting is also one of life’s greatest gifts. To hold one’s sleeping baby, watch one’s children take their first tottering steps and hear them say their first words, boast with pride about their first home run or first music recital, and witness firsthand their journey into adulthood—these are some of the most precious rewards of parenthood. Only when we pass from childhood to adulthood can we appreciate the value of our parents and the extent of their sacrifices. For these, we owe our parents—whether biological or adoptive, stepparents or foster parents— a profound debt of gratitude. On Parents’ Day and throughout the year, let us pay tribute to America’s parents, whose unconditional love and con- stant devotion have helped create a bright future for the next generation. NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States and consistent with Public Law 103–362, do hereby proclaim Sunday, July 23, 2000, as Parents’ Day. I call upon all Americans to join together in observing this day with appropriate cere- monies and activities to honor our Nation’s parents.

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IN WITNESS WHEREOF, I have hereunto set my hand this twenty-first day of July, in the year of our Lord two thousand, and of the Independence of the United States of America the two hundred and twenty-fifth. œ–

[FR Doc. 00–18914 Filed 7–24–00; 8:45 am] Billing code 3195–01–P

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Rules and Regulations Federal Register Vol. 65, No. 143

Tuesday, July 25, 2000

This section of the FEDERAL REGISTER of the Federal Register as of August 29, $5,792,200 or $28,961 per helicopter, contains regulatory documents having general 2000. assuming no costs are reimbursed. applicability and legal effect, most of which ADDRESSES: The service information The regulations adopted herein will are keyed to and codified in the Code of referenced in this AD may be obtained not have a substantial direct effect on Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. from Bell Helicopter Textron Canada, the States, on the relationship between 12,800 Rue de l’Avenir, Mirabel, Quebec the national Government and the States, The Code of Federal Regulations is sold by JON1LO, telephone (800) 463–3036, fax or on the distribution of power and the Superintendent of Documents. Prices of (514) 433–0272. This information may responsibilities among the various new books are listed in the first FEDERAL be examined at the FAA, Office of the levels of government. Therefore, it is REGISTER issue of each week. Regional Counsel, Southwest Region, determined that this final rule does not 2601 Meacham Blvd., Room 663, Fort have federalism implications under Worth, Texas; or at the Office of the Executive Order 13132. DEPARTMENT OF TRANSPORTATION Federal Register, 800 North Capitol For the reasons discussed above, I Street, NW., suite 700, Washington, DC. Federal Aviation Administration certify that this action (1) is not a FOR FURTHER INFORMATION CONTACT: ‘‘significant regulatory action’’ under 14 CFR Part 39 Sharon Miles, Aviation Safety Engineer, Executive Order 12866; (2) is not a FAA, Rotorcraft Directorate, Regulations ‘‘significant rule’’ under DOT [Docket No. 2000±SW±10±AD; Amendment Group, Fort Worth, Texas 76193–0111, Regulatory Policies and Procedures (44 39±11827; AD 2000±14±16] telephone (817) 222–5122, fax (817) FR 11034, February 26, 1979); and (3) 222–5961. will not have a significant economic RIN 2120±AA64 SUPPLEMENTARY INFORMATION: A impact, positive or negative, on a proposal to amend part 39 of the Federal substantial number of small entities Airworthiness Directives; Bell Aviation Regulations (14 CFR part 39) under the criteria of the Regulatory Helicopter Textron Canada Model 407 by superseding AD 99–06–15, Flexibility Act. A final evaluation has Helicopters Amendment 39–11111 (64 FR 16801, been prepared for this action and it is April 7, 1999), which applies to BHTC contained in the Rules Docket. A copy AGENCY: Federal Aviation Model 407 helicopters, was published of it may be obtained from the Rules Administration, DOT. in the Federal Register on May 17, 2000 Docket at the location provided under ACTION: Final rule. (65 FR 31291). That action proposed to the caption ADDRESSES. require installing a redesigned tail rotor SUMMARY: This amendment supersedes List of Subjects in 14 CFR Part 39 an existing airworthiness directive (AD) system, modifying the vertical fin and Air transportation, Aircraft, Aviation for Bell Helicopter Textron Canada horizontal stabilizer, and restoring the safety, Incorporation by reference, (BHTC) Model 407 helicopters. That AD Vne to 140 knots IAS. Interested persons have been afforded Safety. requires installing a tail rotor pitch- an opportunity to participate in the limiting left-pedal stop (pedal stop), Adoption of the Amendment making of this amendment. No installing an airspeed limitation comments were received on the placard, marking a never-exceed Accordingly, pursuant to the proposal or the FAA’s determination of velocity (Vne) placard on all airspeed authority delegated to me by the the cost to the public. The FAA has indicators, and revising the Limitations Administrator, the Federal Aviation determined that air safety and the section of the Rotorcraft Flight Manual Administration amends part 39 of the public interest require the adoption of (RFM). This AD requires installing a Federal Aviation Regulations (14 CFR the rule as proposed except for redesigned tail rotor system and part 39) as follows: removing unnecessary wording from the modifying the vertical fin and introductory unsafe condition paragraph PART 39ÐAIRWORTHINESS horizontal stabilizer to allow restoring and removing the superseded AD DIRECTIVES the Vne to 140 knots indicated airspeed number from Figure 1. (IAS). This AD is prompted by design The FAA estimates that 200 1. The authority citation for part 39 changes to the tail rotor system and helicopters of U.S. registry will be continues to read as follows: modification of the pedal stop for affected by this AD. It will take Authority: 49 U.S.C. 106(g), 40113, 44701. airspeed actuation to eliminate a tail approximately 80 work hours per rotor strike to the tailboom. The actions helicopter to perform the modifications § 39.13 [Amended] specified by this AD are intended to and installations and the average labor 2. Section 39.13 is amended by prevent the tail rotor blades from rate is $60 per work hour. Required removing Amendment 39–11111 (64 FR striking the tailboom, separation of the parts will cost approximately $24,161 16801), and by adding a new aft section of the tailboom with the tail per helicopter; however, the airworthiness directive (AD), rotor gearbox and vertical fin, and manufacturer has stated they will Amendment 39–11827, to read as subsequent loss of control of the provide these parts at no cost. follows: helicopter. Additionally, the manufacturer has 2000–14–16 Bell Helicopter Textron DATES: Effective August 29, 2000. stated they will reimburse the cost of Canada: Amendment 39–11827. Docket The incorporation by reference of labor up to $4,400. Based on these No. 2000–SW–10–AD. Supersedes AD certain publications listed in the figures, the total cost impact of the AD 99–06–15, Amendment 39–11111, regulations is approved by the Director on U.S. operators is estimated to be Docket No. 99–SW–16–AD.

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Applicability: Model 407 helicopters, repair on the unsafe condition addressed by accordance with Part I of the certificated in any category. this AD; and, if the unsafe condition has not Accomplishment Instructions in Bell Note 1: This AD applies to each helicopter been eliminated, the request should include Helicopter Textron Canada Technical identified in the preceding applicability specific proposed actions to address it. Bulletin 407–98–13, dated December 12, provision, regardless of whether it has been Compliance: Required as indicated, unless 1998 (TB). otherwise modified, altered, or repaired in accomplished previously. (2) Adjust the rigging of the directional the area subject to the requirements of this To prevent the tail rotor blades from controls in accordance with Part II of the AD. For helicopters that have been modified, striking the tailboom, separation of the aft Accomplishment Instructions in the TB. altered, or repaired so that the performance section of the tailboom with the tail rotor of the requirements of this AD is affected, the gearbox and vertical fin, and subsequent loss (3) Install the airspeed limitation placard owner/operator must request approval for an of control of the helicopter, accomplish the shown in Figure 1 of this AD so that it alternative method of compliance in following: completely covers and obscures the airspeed accordance with paragraph (d) of this AD. (a) Before further flight: limitation placard, P/N 407–070–201–103. The request should include an assessment of (1) Install a stop that limits the maximum Ensure that the replacement placard is at the effect of the modification, alteration, or distance that the left pedal can travel in least 21⁄16-inches tall and 39⁄16-inches long.

FIGURE 1.Ð407 AIRSPEED LIMITATIONS±KNOTS±IAS

OAT Pressure altitude FT X 1000 C° 0 2 4 6 8 10 12 14 16 18 20

52 ...... 98 93 88 ...... 40 ...... 100 95 91 86 81 76 ...... 20 ...... 100 100 95 90 85 80 76 71 66 61 ...... 0 ...... 100 100 100 95 90 85 80 75 70 65 60 ¥20 ...... 100 100 100 100 95 90 85 80 75 70 65 ¥40 ...... 97 93 88 83 79 74 70 65 61 ......

Maximum Autorotation VNE 100 KIAS

(4) Install a redline at a Vne of 100 KIAS (2) Modify the vertical fin and horizontal March 11, 1997; and Parts I, II, and III of Bell on all airspeed indicators. Remove or obscure stabilizer in accordance with Bell Helicopter Helicopter Textron Alert Service Bulletin any previously installed lines or arcs above Textron Technical Bulletin No. 407–96–2, 407–99–33, Revision A, dated March 10, 100 KIAS. If the redline is installed on the Revision A, dated March 11, 1997. 2000. This incorporation by reference was (3) Install the tail rotor airspeed-actuated instrument glass, also install a slippage mark approved by the Director of the Federal pedal stop kit, install the new airspeed on the glass and on the instrument case. Register in accordance with 5 U.S.C. 552(a) (5) Add the following statement to the limitation decals, and remove the temporary and 1 CFR part 51. Copies may be obtained Limitations section of the Rotorcraft Flight instrument markings and RFM changes in from Bell Helicopter Textron Canada, 12,800 Manual (RFM): accordance with the Accomplishment When operating at an airspeed of 60 to 100 Instructions in Parts I, II, and III of Bell Rue de l’Avenir, Mirabel, Quebec JON1LO, KIAS, maintain yaw trim within one ball Helicopter Textron Alert Service Bulletin telephone (800) 463–3036, fax (514) 433– diameter of the centered position of the turn 407–99–33, Revision A, dated March 10, 0272. Copies may be inspected at the FAA, and bank (slip) indicator, and avoid sudden 2000. Office of the Regional Counsel, Southwest (c) Accomplishing the requirements of or large directional control inputs in flight. Region, 2601 Meacham Blvd., Room 663, Fort paragraph (b) of this AD is terminating action (6) Mark the airspeed limitations placard in Worth, Texas; or at the Office of the Federal for the requirements of this AD. Figure 1–3 in the RFM to indicate that it has (d) An alternative method of compliance or Register, 800 North Capitol Street, NW., suite been superseded by this AD, and insert a adjustment of the compliance time that 700, Washington, DC. copy of this AD into the RFM. Also, mark the provides an acceptable level of safety may be (g) This amendment becomes effective on airspeed indicator in Figure 1–5 of the RFM used if approved by the Manager, Regulations August 29, 2000. to indicate a Vne of 100 KIAS. Group, Rotorcraft Directorate, FAA. (7) This AD revises the limitations section Note 3: The subject of this AD is addressed Operators shall submit their requests through in Transport Canada (Canada) AD CF–98– of BHTC Model 407 RFM by replacing sheet an FAA Principal Maintenance Inspector, 36R7, dated February 1, 2000. 1 of Figure 1–3 in the RFM with Figure 1 of who may concur or comment and then send this AD, revising sheet 3 of Figure 1–5 of the it to the Manager, Regulations Group. Issued in Fort Worth, Texas, on July 12, RFM, and adding an operational limitation Note 2: Information concerning the for allowable yaw trim and directional existence of approved alternative methods of 2000. control input. compliance with this AD, if any, may be Henry A. Armstrong, (8) Report any uncommanded right yaw, obtained from the Regulations Group. uncommanded movement of the pedals Manager, Rotorcraft Directorate, Aircraft (e) Special flight permits may be issued in during flight, or tail rotor blade contact with Certification Service. accordance with sections 21.197 and 21.199 [FR Doc. 00–18521 Filed 7–24–00; 8:45 am] the tailboom within 24 hours of the of the Federal Aviation Regulations (14 CFR occurrence to the Manager, Regulations 21.197 and 21.199) to operate the helicopter BILLING CODE 4910±13±U Group, telephone (817) 222–5111. Reporting to a location where the requirements of this requirements have been approved by the AD can be accomplished. Office of Management and Budget and (f) The modifications shall be done in assigned OMB control number 2120–0056. accordance with Parts I and II of the (b) Before further flight after January 31, Accomplishment Instructions in Bell 2001: Helicopter Textron Canada Technical (1) Remove and replace the existing tail Bulletin 407–98–13, dated December 12, rotor with tail rotor installation, P/N 407– 1998; Part II of Bell Helicopter Textron 012–100–109, in accordance with Part II of Technical Bulletin 407–99–17, dated April Bell Helicopter Textron Technical Bulletin 15, 1999; Bell Helicopter Textron Technical 407–99–17, dated April 15, 1999. Bulletin No. 407–96–2, Revision A, dated

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DEPARTMENT OF TRANSPORTATION This information may be examined at described previously, except as the FAA, Transport Airplane discussed below. Federal Aviation Administration Directorate, 1601 Lind Avenue, SW., Differences Between This AD and Alert Renton, Washington; or at the Office of Service Bulletin 14 CFR Part 39 the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC. Operators should note that this AD [Docket No. 2000±NM±151±AD; Amendment requires accomplishment of the 39±11831; AD 2000±15±02] FOR FURTHER INFORMATION CONTACT: Sulmo Mariano, Aerospace Engineer, inspection within 60 days after the RIN 2120±AA64 Propulsion Branch, ANM–140S, FAA, effective date of this AD. The alert Transport Airplane Directorate, Seattle service bulletin recommends that Airworthiness Directives; Boeing operators accomplish the actions in the Model 747±400 Series Airplanes Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington bulletin ‘‘at their earliest opportunity AGENCY: Federal Aviation 98055–4056; telephone (425) 227–2686; when manpower and facilities are Administration, DOT. fax (425) 227–1181. available.’’ In developing an appropriate compliance time for this AD, the FAA ACTION: Final rule; request for SUPPLEMENTARY INFORMATION: The FAA considered not only the manufacturer’s comments. has received a report indicating that, recommendation, but the degree of during a flight test in production, the SUMMARY: This amendment adopts a urgency associated with addressing the flight crew reported the advisory new airworthiness directive (AD) that is subject unsafe condition, the average message ‘‘FUEL PMP STAB R’’ and the applicable to certain Boeing Model 747– utilization of the affected fleet, and the caution message ‘‘FUEL STAB XFR’’ 400 series airplanes. This action time necessary to perform the were displayed on the engine indicating requires a one-time inspection to inspection (less than one hour). In light and crew alerting system. Inspection determine if certain wire bundles are of all of these factors, the FAA finds a revealed that a certain wire bundle routed incorrectly and to detect damage, 60-day compliance time for initiating routed to the fuel tank transfer pumps and corrective actions, if necessary. This the required actions to be warranted, in in the horizontal stabilizer was action is necessary to prevent damage of that it represents an appropriate interval ‘‘pinched’’ between the head of a clamp certain wire bundles routed to the fuel of time allowable for affected airplanes fastener and adjacent structure. tank transfer pumps in the horizontal to continue to operate without Evidence of arcing was also detected. stabilizer, which could result in compromising safety. Investigation revealed that the wire electrical arcing and a possible fire bundle was routed incorrectly through a Determination of Rule’s Effective Date adjacent to the fuel tank. This action is clamp near the transfer pump. This intended to address the identified Since a situation exists that requires condition, if not corrected, could result unsafe condition. the immediate adoption of this in electrical arcing and a possible fire regulation, it is found that notice and DATES: Effective August 9, 2000. adjacent to the fuel tank. opportunity for prior public comment The incorporation by reference of hereon are impracticable, and that good certain publications listed in the Explanation of Relevant Service cause exists for making this amendment regulations is approved by the Director Information effective in less than 30 days. of the Federal Register as of August 9, The FAA has reviewed and approved 2000. Boeing Alert Service Bulletin 747– Comments Invited Comments for inclusion in the Rules 28A2232, Revision 1, dated June 22, Although this action is in the form of Docket must be received on or before 2000, which describes procedures for a a final rule that involves requirements September 25, 2000. one-time visual inspection of wire affecting flight safety and, thus, was not ADDRESSES: Submit comments in bundles routed to the fuel tank transfer preceded by notice and an opportunity triplicate to the Federal Aviation pumps in the horizontal stabilizer to for public comment, comments are Administration (FAA), Transport determine if wire bundles W4601 and invited on this rule. Interested persons Airplane Directorate, ANM–114, W4602 are routed correctly and to are invited to comment on this rule by Attention: Rules Docket No. 2000–NM– detect damage, and corrective action, if submitting such written data, views, or 151–AD, 1601 Lind Avenue, SW., necessary. Corrective action includes arguments as they may desire. Renton, Washington 98055–4056. rerouting any wire bundle that is routed Communications shall identify the Comments may be inspected at this incorrectly and repairing any damaged Rules Docket number and be submitted location between 9 a.m. and 3 p.m., wiring. Accomplishment of the actions in triplicate to the address specified Monday through Friday, except Federal specified in the alert service bulletin is under the caption ADDRESSES. All holidays. Comments may be submitted intended to adequately address the communications received on or before via fax to (425) 227–1232. Comments identified unsafe condition. the closing date for comments will be may also be sent via the Internet using considered, and this rule may be the following address: 9-anm- Explanation of the Requirements of the Rule amended in light of the comments [email protected]. Comments sent received. Factual information that via fax or the Internet must contain Since an unsafe condition has been supports the commenter’s ideas and ‘‘Docket No. 2000–NM–151–AD’’ in the identified that is likely to exist or suggestions is extremely helpful in subject line and need not be submitted develop on other airplanes of the same evaluating the effectiveness of the AD in triplicate. Comments sent via the type design, this AD is being issued to action and determining whether Internet as attached electronic files must prevent damage of certain wire bundles additional rulemaking action would be be formatted in Microsoft Word 97 for routed to the fuel tank transfer pumps needed. Windows or ASCII text. in the horizontal stabilizer, which could Submit comments using the following The service information referenced in result in electrical arcing and a possible format: this AD may be obtained from Boeing fire adjacent to the fuel tank. This AD • Organize comments issue-by-issue. Commercial Airplane Group, P.O. Box requires accomplishment of the actions For example, discuss a request to 3707, Seattle, Washington 98124–2207. specified in the alert service bulletin change the compliance time and a

VerDate 112000 15:32 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\25JYR1.SGM pfrm04 PsN: 25JYR1 45706 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Rules and Regulations request to change the service bulletin Administration amends part 39 of the structural area, system, installation, or reference as two separate issues. Federal Aviation Regulations (14 CFR assembly to detect damage, failure, or • For each issue, state what specific part 39) as follows: irregularity. Available lighting is normally change to the AD is being requested. supplemented with a direct source of good • Include justification (e.g., reasons or PART 39ÐAIRWORTHINESS lighting at intensity deemed appropriate by data) for each request. DIRECTIVES the inspector. Inspection aids such as mirror, Comments are specifically invited on magnifying lenses, etc., may be used. Surface 1. The authority citation for part 39 the overall regulatory, economic, cleaning and elaborate access procedures continues to read as follows: environmental, and energy aspects of may be required.’’ Authority: 49 U.S.C. 106(g), 40113, 44701. the rule that might suggest a need to Note 3: Inspections and corrective actions modify the rule. All comments § 39.13 [Amended] accomplished prior to the effective date of submitted will be available, both before 2. Section 39.13 is amended by this AD in accordance with Boeing Alert and after the closing date for comments, Service Bulletin 747–28A2232, dated March in the Rules Docket for examination by adding the following new airworthiness directive: 2, 2000, are considered acceptable for interested persons. A report that compliance with the applicable action summarizes each FAA-public contact 2000–15–02 Boeing: Amendment 39–11831. specified in this amendment. concerned with the substance of this AD Docket 2000–NM–151–AD. will be filed in the Rules Docket. Applicability: Model 747–400 series Alternative Methods of Compliance Commenters wishing the FAA to airplanes having line numbers (L/N) 1162 (b) An alternative method of compliance or acknowledge receipt of their comments through 1223, except L/N 1174; equipped adjustment of the compliance time that with horizontal stabilizer fuel tanks; submitted in response to this rule must provides an acceptable level of safety may be certificated in any category. submit a self-addressed, stamped used if approved by the Manager, Seattle Note 1: This AD applies to each airplane postcard on which the following Aircraft Certification Office (ACO), FAA, statement is made: ‘‘Comments to identified in the preceding applicability provision, regardless of whether it has been Transport Airplane Directorate. Operators Docket Number 2000–NM–151–AD.’’ modified, altered, or repaired in the area shall submit their requests through an The postcard will be date stamped and subject to the requirements of this AD. For appropriate FAA Principal Maintenance returned to the commenter. airplanes that have been modified, altered, or Inspector, who may add comments and then Regulatory Impact repaired so that the performance of the send it to the Manager, Seattle ACO. requirements of this AD is affected, the Note 4: Information concerning the The regulations adopted herein will owner/operator must request approval for an existence of approved alternative methods of not have a substantial direct effect on alternative method of compliance in compliance with this AD, if any, may be accordance with paragraph (b) of this AD. the States, on the relationship between obtained from the Seattle ACO. the national Government and the States, The request should include an assessment of the effect of the modification, alteration, or or on the distribution of power and Special Flight Permits repair on the unsafe condition addressed by responsibilities among the various this AD; and, if the unsafe condition has not (c) Special flight permits may be issued in levels of government. Therefore, it is been eliminated, the request should include accordance with §§ 21.197 and 21.199 of the determined that this final rule does not specific proposed actions to address it. Federal Aviation Regulations (14 CFR 21.197 have federalism implications under Compliance: Required as indicated, unless and 21.199) to operate the airplane to a Executive Order 13132. accomplished previously. location where the requirements of this AD The FAA has determined that this To prevent damage of certain wire bundles can be accomplished. regulation is an emergency regulation routed to the fuel tank transfer pumps in the that must be issued immediately to horizontal stabilizer, which could result in Incorporation by Reference correct an unsafe condition in aircraft, electrical arcing and a possible fire adjacent (d) The actions shall be done in accordance and that it is not a ‘‘significant to the fuel tank, accomplish the following: with Boeing Alert Service Bulletin 747– regulatory action’’ under Executive One-Time Inspection and Corrective Actions 28A2232, Revision 1, dated June 22, 2000. Order 12866. It has been determined (a) Within 60 days after the effective date This incorporation by reference was further that this action involves an of this AD, perform a one-time detailed approved by the Director of the Federal emergency regulation under DOT visual inspection of wire bundles routed to Register in accordance with 5 U.S.C. 552(a) Regulatory Policies and Procedures (44 the fuel tank transfer pumps in the horizontal and 1 CFR part 51. Copies may be obtained FR 11034, February 26, 1979). If it is stabilizer to determine if wire bundles from Boeing Commercial Airplane Group, determined that this emergency W4601 and W4602 are routed correctly and P.O. Box 3707, Seattle, Washington 98124– regulation otherwise would be to detect damage, in accordance with Boeing 2207. Copies may be inspected at the FAA, Alert Service Bulletin 747–28A2232, Transport Airplane Directorate, 1601 Lind significant under DOT Regulatory Revision 1, dated June 22, 2000. Policies and Procedures, a final (1) If the wire bundles are routed correctly Avenue, SW., Renton, Washington; or at the regulatory evaluation will be prepared and no damage is detected, no further action Office of the Federal Register, 800 North and placed in the Rules Docket. A copy is required by this AD. Capitol Street, NW., suite 700, Washington, of it, if filed, may be obtained from the (2) If either wire bundle is determined to DC. be incorrectly routed, but no damage is Rules Docket at the location provided Effective Date under the caption ADDRESSES. detected, prior to further flight, reroute the affected wire bundle in accordance with the (e) This amendment becomes effective on List of Subjects in 14 CFR Part 39 alert service bulletin. August 9, 2000. Air transportation, Aircraft, Aviation (3) If any damage is detected (whether the wire bundles are routed properly or not), Issued in Renton, Washington, on July 17, safety, Incorporation by reference, prior to further flight, repair the affected wire 2000. Safety. bundle and route the wire bundle correctly, Vi L. Lipski, Adoption of the Amendment as applicable, in accordance with the alert service bulletin. Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. Accordingly, pursuant to the Note 2: For the purposes of this AD, a authority delegated to me by the detailed visual inspection is defined as: ‘‘An [FR Doc. 00–18522 Filed 7–24–00; 8:45 am] Administrator, the Federal Aviation intensive visual examination of a specific BILLING CODE 4910±13±U

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DEPARTMENT OF TRANSPORTATION Class E airspace at Elkhart, KS. A review Comments Invited of the Class E airspace for Elkhart- Although this action is in the form of Federal Aviation Administration Morton County Airport, KS, indicates it a final rule and was not preceded by a does not meet the criteria for 700 feet notice of proposed rulemaking, 14 CFR Part 71 AGL airspace required for diverse comments are invited on this rule. [Airspace Docket No. 00±ACE±22] departures as specified in FAA Order Interested persons are invited to 7400.2D. The criteria in FAA Order comment on this rule by submitting Amendment to Class E Airspace; 7400.2D for an aircraft to reach 1200 feet such written data, views, or arguments Elkhart, KS AGL is based on a standard climb as they may desire. Communications gradient of 200 feet per mile plus the should identify the Rules Docket AGENCY: Federal Aviation distance from the Airport Reference Administration (FAA), DOT. number and be submitted in triplicate to Point (ARP) to the end of the outermost the address specified under the caption ACTION: Direct final rule; request for runway. Any fractional part of a mile is ADDRESSES. All communications comments. converted to the next higher tenth of a received on or before the closing date mile. The amendment at Elkhart-Morton SUMMARY: for comments will be considered, and This action amends Class E County Airport, KS, will provide airspace area at Elkhart-Morton County this rule may be amended or withdrawn additional controlled airspace for in light of the comments received. Airport, Elkhart, KS. A review of the aircraft operating under IFR, revise the Class E airspace area for Elkhart-Morton Factual information that supports the ARP and comply with the criteria of commenter’s ideas and suggestions is County Airport indicates it does not FAA Order 7400.2D. The area will be comply with the criteria for 700 feet extremely helpful in evaluating the depicted on appropriate aeronautical effectiveness of this action and Above Ground Level (AGL) airspace charts. Class E airspace areas extending required for diverse departures as determining whether additional upward from 700 feet or more above the rulemaking action would be needed. specified in FAA Order 7400.2D. The surface of the earth are published in Class E airspace has been enlarged to Comments are specifically invited on paragraph 6005 of FAA Order 7400.9G, the overall regulatory, economic, conform to the criteria of FAA Order dated September 10, 1999, and effective 7400.2D. environmental, and energy-related September 16, 1999, which is aspects of the rule that might suggest a In addition, a minor revision to the incorporated by reference in 14 CFR Airport Reference Point (ARP) is need to modify the rule. All comments 71.1. The Class E airspace designation submitted will be available, both before included in this document. listed in this document will be The intended effect of this rule is to and after the closing date for comments, published subsequently in the Order. provide additional controlled Class E in the Rules Docket for examination by airspace for aircraft operating under The Direct Final Rule Procedure interested persons. A report that Instrument Flight Rules (IFR), revise the summarizes each FAA-public contact ARP and comply with the criteria of The FAA anticipates that this concerned with the substance of this FAA Order 7400.2D. regulation will not result in adverse or action will be filed in the Rules Docket. negative comment and, therefore, is DATES: Effective date: 0901 UTC, Commenters wishing the FAA to issuing it as a direct final rule. Previous November 30, 2000. acknowledge receipt of their comments actions of this nature have not been Comments for inclusion in the Rules submitted in response to this rule must controversial and have not resulted in Docket must be received on or before submit a self-addressed, stamped adverse comments or objections. The September 18, 2000. postcard on which the following amendment will enhance safety for all statement is made: ‘‘Comments to ADDRESSES: Send comments regarding flight operations by designating an area Docket No. 00–ACE–22.’’ The postcard the rule in triplicate to: Manager, where VFR pilots may anticipate the will be date stamped and returned to the Airspace Branch, Air Traffic Division, presence of IFR aircraft at lower commenter. ACE–520, DOT Regional Headquarters altitudes, especially during inclement Building, Federal Aviation weather conditions. A greater degree of Agency Findings Administration, Docket Number 00– safety is achieved by depicting the area The regulations adopted herein will ACE–22, 901 Locust, Kansas City, MO on aeronautical charts. Unless a written not have a substantial direct effect on 64106. adverse or negative comment, or a the States, on the relationship between The official docket may be examined written notice of intent to submit an the national Government and the States, in the Office of the Regional Counsel for adverse or negative comment is received or on the distribution of power and the Central Region at the same address within the comment period, the responsibilities among the various between 9:00 a.m. and 3:00 p.m., regulation will become effective on the levels of government. Therefore, it is Monday through Friday, except Federal date specified above. After the close of determined that this final rule does not holidays. the comment period, the FAA will have federalism implications under An informal docket may also be publish a document in the Federal Executive Order 13132. examined during normal business hours Register indicating that no adverse or The FAA has determined that this in the Air Traffic Division at the same negative comments were received and regulation is noncontroversial and address listed above. confirming the date on which the final unlikely to result in adverse or negative FOR FURTHER INFORMATION CONTACT: rule will become effective. If the FAA comments. For the reasons discussed in Kathy Randolph, Air Traffic Division, does receive, within the comment the preamble, I certify that this Airspace Branch, ACE–520C, DOT period, an adverse or negative comment, regulation (1) is not a ‘‘significant Regional Headquarters Building, Federal or written notice of intent to submit regulatory action’’ under Executive Aviation Administration, 901 Locust, such a comment, a document Order 12866; (2) is not a ‘‘significant Kansas City, MO 64106; telephone: withdrawing the direct final rule will be rule’’ under Department of (816) 329–2525. published in the Federal Register, and Transportation (DOT) Regulatory SUPPLEMENTARY INFORMATION: This a notice of proposed rulemaking may be Policies and Procedures (44 FR 11034, amendment to 14 CFR 71 revises the published with a new comment period. February 26, 1979); and (3) if

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Airspace, Incorporation by reference, Revision of Class E airspace, North Bend, OR Class E airspace areas extending upward Navigation (air). from 700 feet or more above the surface Adoption of the Amendment AGENCY: Federal Aviation of the earth are published in Paragraph Administration (FAA), DOT. 6005 of FAA Order 7400.9G, dated Accordingly, the Federal Aviation ACTION: Final rule. September 1, 1999, and effective Administration amends 14 CFR part 71 September 16, 1999, which is SUMMARY: This action amends the North as follows: incorporated by reference in 14 CFR Bend, OR, Class E airspace to 71.1. The Class E airspace designation PART 71ÐDESIGNATION OF CLASS A, accommodate the development of a listed in this document will be CLASS B, CLASS C, CLASS D, AND revised Standard Instrument Approach published subsequently in the Order. CLASS E AIRSPACE AREAS; Procedure (SIAP) at the North Bend The FAA has determined this Municipal Airport, North Bend, OR. AIRWAYS; ROUTES; AND REPORTING regulation only involves an established This amendment provides for the safe POINTS body of technical regulations for which and efficient use of the navigable frequent and routine amendments are airspace. 1. The authority citation for part 71 necessary to keep them operationally continues to read as follows: EFFECTIVE DATE: 0901 UTC, August 10, current. It, therefore, (1) Is not a 2000. ‘‘significant regulatory action’’ under Authority: 49 U.S.C. 106(g), 40103, 40113, FOR FURTHER INFORMATION CONTACT: Executive Order 12866; (2) is not a 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– ‘‘significant rule’’ under DOT 1963 Comp., p. 389. Brian Durham, ANM–520.7, Federal Aviation Administration, Docket No. Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) § 71.1 [Amended] 99–ANM–12, 1601 Lind Avenue SW, Renton, Washington 98055–4056; does not warrant preparation of a 2. The incorporation by reference in telephone number: (425) 227–2527. Regulatory Evaluation as the anticipated impact is so minimal. Since this is a 14 CFR 71.1 of Federal Aviation SUPPLEMENTARY INFORMATION: Administration Order 7400.9G, Airspace routine matter that will only affect air Designations and Reporting Points, History traffic procedures and air navigation, it is certified that this rule, when dated September 10, 1999, and effective On April 4, 2000, the FAA proposes promulgated, will not have a significant September 16, 1999, is amended as to amend Title 14, Code of Federal economic impact on a substantial follows: Regulations, part 71 (14 CFR part 71) by revising Class E airspace at North Bend, number of small entities under the Paragraph 6005 Class E airspace areas OR, in order to accommodate a revised criteria of the Regulatory Flexibility Act. extending upward from 700 feet or more SIAP to the North Bend Municipal above the surface of the earth. List of Subjects in 14 CFR Part 71 Airport, North Bend, OR (65 FR 17616). * * * * * Airspace, Incorporation by reference, This amendment will provide Navigation (air). ACE KS E5 Elkhart, KS [Revised] additional airspace at North Bend, OR, to meet current criteria standards Adoption of the Amendment Elkhart-Morton County Airport, KS associated with SIAP holding patterns. (Lat. 37°00′07″ N., long. 101°52′56″ W.) In consideration of the foregoing, the Interested parties were invited to Elkhart NDB Federal Aviation Administration participate in the rulemaking (Lat. 37°00′04″ N., long. 101°53′05″ W.) amends 14 CFR part 71 as follows: proceeding by submitting written That airspace extending upward from 700 comments on the proposal. No PART 71ÐDESIGNATION OF CLASS A, feet above the surface within a 6.5-mile comments were received. radius of Elkhart-Morton County Airport and CLASS B, CLASS C, CLASS D, AND within 2.6 miles each side of the 164° bearing The Rule CLASS E AIRSPACE AREAS; from the Elkhart NDB extending from the 6.5- AIRWAYS; ROUTES; AND REPORTING This amendment to Title 14 Code of POINTS mile radius to 7.4 miles southeast of the Federal Regulations, part 71 (14 CFR airport. part 71) revises Class E airspace at North 1. The authority citation for 14 CFR * * * * * Bend Airport, North Bend, OR. This part 71 continues to read as follows: Issued in Kansas City, MO, on July 11, amendment provides revised airspace at Authority: 49 U.S.C. 106(g), 40103, 40113, 2000. North Bend, OR, to better meet current 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– airspace standards associated with 1963 Comp., p. 389. Herman J. Lyons, Jr., established procedures at North Bend Manager, Air Traffic Division, Central Region. Airport. The FAA establishes airspace § 71.1 [Amended] [FR Doc. 00–18575 Filed 7–24–00; 8:45 am] where necessary to contain aircraft 2. The incorporation by reference in BILLING CODE 4910±13±M transitioning between the terminal and 14 CFR 71.1 of the Federal Aviation en route environments. This Administration Order 7400.9G, Airspace amendment provides for the safe and Designations and Reporting Points, efficient use of the navigable airspace. dated September 1, 1999, and effective This amendment promotes safe flight September 16, 1999, is amended as operations under Instrument Flight follows:

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Paragraph 6005 Class E airspace areas Counsel, or Julie R. Windhorn, Law (ii) has a maximum amount provided for extending upward from 700 feet or more Clerk, Division of Trading and Markets, by Federal law; and above the surface of the earth. Commodity Futures Trading (B) is assessed or enforced by an agency * * * * * Commission, 1155 21st Street, NW., pursuant to Federal law; and (C) is assessed or enforced pursuant to an ANM or E5 North Bend, OR [Revised] Washington, DC 20581. Telephone administrative proceeding or a civil action in Number: (202) 418–5450. North Bend VORTAC the Federal courts. 28 U.S.C. 2461 note. SUPPLEMENTARY INFORMATION: (Lat. 43°24′56″ N, long. 124°10′06″ W) The Act provides for CMPs that meet That airspace extending upward from 700 I. Background the above definition, and are therefore feet above the surface within an 8 mile radius subject to the inflation adjustment, in ° The Federal Civil Penalties Inflation of the North Bend VORTAC from the 142 three sections: section 6(c) of the Act, radial clockwise to the 352° radial, and Adjustment Act of 1990 (FCPIAA), as amended by the Debt Collection section 6b of the Act, and section 6c of within a 14-mile radius of the VORTEC from 4 the 352° radial clockwise to the 142° radial, Improvement Act of 1996 (DCIA),1 the Act. and within 2.7 miles north of the VORTAC requires the head of each Federal agency Penalties may be assessed pursuant to 268° radial extending from the 8 mile radius to adjust by regulation, at least once Section 6(c) of the Act, 7 U.S.C. 9, to 11 miles west of the VORTAC, and within every four years, the maximum amount against ‘‘any person’’ found by the 1.8 miles south and 5.7 miles north of the Commission to have— ° of civil monetary penalties (CMPs) VORTAC 241 radial extending from the 8 (1) engaged in the manipulation of the mile radius to 14.8 miles southwest; that provided by law within the jurisdiction of that agency by the cost-of-living price of any commodity or futures contract; airspace extending upward from 1,200 feet (2) made willfully a false or misleading about the surface within a 22 mile radius of adjustment defined in the FCPIAA, as amended.2 Because the purposes for the statement or omitted a material fact in an the VORTAC extending clockwise from the application or report filed with the west edge of V–27 south of the VORTAC, to inflation adjustments include Commission; or the west edge of V–287 north of the maintaining the deterrent effect of CMPs (3) violated any provision of the Act or of VORTAC, and within 2.2 miles southeast and and promoting compliance with the ° the rules, regulations or orders thereunder. 10.1 miles northwest of the VORTAC 241 law, the Commission monitors the radial, extending from the VORTAC to 22.2 impact of inflation on its CMP Penalties may be assessed pursuant to miles southwest. maximums and adjusts them as needed Section 6b of the Act, 7 U.S.C. 13a, * * * * * to implement the requirements and against: (1) Any contract market that the Commission finds is not enforcing or Issued in Seattle, Washington, on July 6, purposes of the FCPIAA.3 2000. has not enforced its rules; or (2) any II. Relevant Commission CMPs contract market, or any director, officer, Daniel A. Boyle, The inflation adjustment requirement agent, or employee of any contract Acting Manager, Air Traffic Division, market, that is violating or has violated Northwest Mountain Region. applies to: any of the provisions of the Act or any [FR Doc. 00–18577 Filed 7–24–00; 8:45 am] any penalty, fine or other sanction that— of the rules, regulations, or orders BILLING CODE 4910±13±M (A) (i) is for a specific monetary amount as provided by Federal law; or thereunder. Penalties may be assessed by ‘‘the 1 The FCPIAA is codified in a note at 28 U.S.C. proper district court of the United States COMMODITY FUTURES TRADING 2461 note. The relevant amendments to the FCPIAA or the proper United States court of any COMMISSION contained in the Debt Collection Improvement Act territory or other place subject to the of 1996, Pub. L. 104–134 (1996), are also codified jurisdiction of the United States’’ 17 CFR Part 143 at 28 U.S.C. 2461 note. In addition, the Federal Reports Elimination Act of 1998, Pub. L. 105–362 pursuant to section 6c of the Act, 7 RIN 3038±AB59 (1998), is also codified at 28 U.S.C. 2461 note. This U.S.C. 13a–1, against ‘‘any person found statute, among other things, eliminated section 6 of * * * to have committed any violation Adjustment of Civil Monetary Penalties the FCPIAA, which previously required the [of any provision of the Act or any rule, for Inflation President to report annually to Congress. This amendment is not relevant to the adjustment of regulation or order thereunder].’’ AGENCY: Commodity Futures Trading CMPs for inflation. III. Relevant Cost-of-Living Adjustment 2 Excluded from this requirement is ‘‘any penalty Commission. (including any addition to tax and additional The cost-of-living adjustment is ACTION: Final rule. amount) under the Internal Revenue Code of 1986, defined by the FCPIAA, as amended by the Tariff Act of 1930, the Occupational Safety and the DCIA, as the amount by which the SUMMARY: The Commodity Futures Health Act of 1970 or the Social Security Act.’’ 28 U.S.C. 2461 note, as amended by Pub. L. 104–134. Consumer Price Index for the month of Trading Commission (Commission) is June of the calendar year preceding the amending Rule 143.8, which governs DCIA also requires that the range of minimum and maximum CMPs be adjusted, if applicable. This adjustment exceeds the Consumer Price the maximum amount of civil monetary is not applicable to the Commission because, for the Index for the month of June of the penalties, to adjust for inflation. This relevant CMPs within the Commission’s jurisdiction, the Act provides only for maximum calendar year in which the amount of rule sets forth the maximum, inflation- such civil monetary penalty was last set adjusted dollar amount for civil amounts that can be assessed for each violation of the Act or the rules and orders thereunder; the Act or adjusted pursuant to law.5 The monetary penalties assessable for does not set forth any minimum penalties. Therefore, the remainder of this release will refer violations of the Commodity Exchange 4 7 U.S.C. 9, 13a and 13a–1. only to CMP maximums. Act (Act) and Commission rules and 5 The Consumer Price Index means the Consumer 3 Specifically, the FCPIAA states: orders thereunder. The rule, as Price Index for all-urban consumers (CPI–U) The purpose of [the FCPIAA] is to establish a published by the Department of Labor. Interested amended, implements the Federal Civil mechanism that shall— Penalties Inflation Adjustment Act of parties may find the relevant Consumer Price Index (1)allow for regular adjustment for inflation of over the Internet. To access this information, go to 1990, as amended by the Debt civil monetary penalties; the Consumer Price Index Home Page at http:// Collection Improvement Act of 1996. (2) maintain the deterrent effect of civil stats.bls.gov/datahome.htm; first select, Most EFFECTIVE DATE: October 23, 2000. monetary penalties and promote compliance with Requested Series; then select Overall BLS Most the law; and Requested Series; and finally, under Price Indexes, FOR FURTHER INFORMATION CONTACT: (3) improve the collection by the Federal select CPI for All Urban Consumers (CPI–U) Lawrence B. Patent, Associate Chief Government of civil monetary penalties. 1967=100 (Unadjusted)—CUUROOOOAAO.

VerDate 112000 15:32 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\25JYR1.SGM pfrm04 PsN: 25JYR1 45710 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Rules and Regulations adjusted CMP maximums are to be therefore does not require notice.10 The case, the imposition of the maximum rounded based upon the size of the Commission also believes that fixed CMP will occur only where the penalty and a specified formula. opportunity for public comment is also administrative law judge, the The Commission’s initial inflation unnecessary under 5 U.S.C. 553(b)(3)(B). Commission or a Federal court finds This amendment does not affect any that the gravity of the offense warrants adjustment, reflected in the current Rule 11 143.8, was published in the Federal substantive change in Commission a CMP in that amount. The rule should not increase in real Register on October 28, 1996, with an regulations, nor alter any obligation that a party has under Commission rules, terms the economic burden of the fixed effective date of November 27, 1996.6 regulations or orders. No party must maximum CMPs set forth in the Act. Therefore, the cost-of-living adjustment change its manner of doing business, Instead, the rule implements a statutory for the CMP maximums that can be either with the public or the requirement that agencies adjust for assessed and enforced by the Commission, to comply with the rule inflation existing CMPs so that the real Commission would be the amount by amendments. These changes are economic value of such penalties, and which the Consumer Price Index for all- undertaken pursuant to a statutory therefore the Congressionally-intended urban consumers published by the requirement that all agencies make such deterrent effect of such CMPs, is not Department of Labor for June 1999 (i.e., adjustments and are intended to prevent reduced over time by inflation. Nor does June of the year preceding this year) inflation from eroding the practical, the rule impose any new, affirmative 7 exceeds that index for June 1996. After deterrent effect of CMPs. duty on any party or change any rounding according to the applicable While higher maximum CMPs may existing requirements and thus no party formula,8 the maximum, inflation- expose persons to potentially higher who is currently complying with the adjusted CMP for each violation of the financial liability, in nominal terms, for Act and Commission regulations will Act or Commission rules or orders violations of the Act or Commission incur any expense in order to comply thereunder assessed against any person rules or orders thereunder, the rule with the new rule. Therefore, the pursuant to sections 6(c) and 6c of the amendments do not require that the Commission believes that this final rule Act will be $120,000 or triple the maximum penalty be imposed on any will not have a significant economic monetary gain to such person for each party, nor do they alter any substantive impact on a substantial number of small such violation, and $575,000 for each due process rights that a party has in an entities.12 such violation when assessed pursuant administrative proceeding or a court of C. Paperwork Reduction Act to section 6b of the Act. The FCPIAA law that protect against imposition of provides that ‘‘any increase under excessive penalties. Further, the rule The Paperwork Reduction Act of 1995 [FCPIAA] in a civil monetary penalty amendments only apply to violations of (PRA), 44 U.S.C. 3507(d), which shall apply only to violations which the Act, Commission rules or imposes certain requirements on federal occur after the date the increase takes Commission orders that occur after the agencies, including the Commission, in effect.’’ Thus, the new CMP maximum effective date of these amendments. connection with their conducting or may be applied only to violations of the sponsoring any collection of Act that occur after the effective date of B. Regulatory Flexibility Act information as defined by the PRA, does this amendment, October 23, 2000.9 The Regulatory Flexibility Act, 5 not apply to this rule. The Commission U.S.C. 601 et seq., requires that agencies IV. Related Matters consider the impact of their rules on 11 Section 6(e) of the Act, 7 U.S.C. 9a(1), directs A. Effective Date small businesses. The amended rule the Commission to ‘‘consider the appropriateness of [a] penalty to the gravity of the violation’’ when will potentially affect those persons assessing a CMP pursuant to section 6(c) of the Act, This amendment to Rule 143.8 will who are found by the Commission or 7 U.S.C. 9. In addition, the Commission’s penalty implement a statutory change regarding the Federal courts to have violated the guidelines state that the Commission, when agency procedure or practice within the Act or Commission rules or orders. assessing any CMP, will consider the gravity of the meaning of 5 U.S.C. 553(b)(3)(A) and offense in question. In assessing the gravity of an Some of these affected parties could be offense, the Commission may consider such factors small businesses. Nevertheless, the as whether the violations resulted in harm to the 6 61 FR 55564. Chairman, on behalf of the Commission, victims, whether the violations involved core 7 The Consumer Price Index for all-urban certifies that this rule will not have a provisions of the Act and whether the violator acted consumers published by the Department of Labor significant economic impact on a intentionally or willfully, as well as other factors. for June 1999 was 497.9, and for June 1996 was See CFTC Policy Statement Relating to the 469.5. Therefore, the relevant cost of living substantial number of small entities. Commission’s Authority to Impose Civil Money adjustment factor would equal 497.9 divided by While the Commission recognizes that Penalties and Futures Self-Regulatory 469.5. certain persons assessed a CMP for Organizations’ Authority to Impose Sanctions; 8 The FCPIAA, as amended by DCIA, provides in violating the Act or Commission rules or Penalty Guidelines, [1994–1996 Transfer Binder] Comm. Fut. L. Rep. (CCH) ¶26,265 (November relevant part for the rounding of any inflation orders may be small businesses, the rule adjustment ‘‘to the nearest— 1994). (5) multiple of $10,000 in the case of penalties does not mandate the imposition of the 12 Any agency that regulates the activities of small greater than $100,000 but less than or equal to maximum fixed CMP set forth in the entities must establish a policy or program to $200,000; and rule on any party. As is currently the reduce and, when appropriate, to waive civil (6) multiple of $25,000 in the case of penalties penalties for violations of statutory or regulatory greater than $200,000.’’ requirements by small entities. An agency is not 10 5 U.S.C. 553(b) generally requires notice of required to reduce or to waive civil penalties, Calculations of the Commission’s inflation- proposed rulemaking to be published in the Federal however, if: (1) An entity has been the subject of adjusted CMP maximums are the following: Register. That provision states, however, that × multiple enforcement actions; (2) an entity’s (497.9/469.5) $110,000=$116,653.89 except when notice or hearing is required by violations involve willful or criminal conduct; or × (497.9/469.5) $550,000=$583,269.44 statute, notice is not required for: (3) the violations involve serious health, safety or When rounded according to the statutory (A) * * * interpretive rules, general statements of environmental threats. See Small Business requirements, the inflation-adjusted CMP policy, or rules of agency organization, procedure Regulatory Enforcement Fairness Act of 1996 maximums would be $120,000 and $575,000. or practice; or (‘‘SBREFA’’), Pub. L. 104–121, § 223, 110 Stat. 862 9 See also Landgraf v. USI Film Products, 511 U.S. (B) when the agency for good cause finds (and (March 29, 1996). The Commission takes these 244 (1994) (holding that there is a presumption incorporates the finding and a brief statement of provisions of SBREFA into account when it against retroactivity in changes to damage remedies reasons therefor in the rules issued) that notice and considers whether to seek or to impose a civil or civil penalties in the absence of clear statutory public procedure thereon are impracticable, monetary penalty in a particular case involving a language to the contrary). unnecessary or contrary to the public interest. small entity.

VerDate 112000 15:32 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\25JYR1.SGM pfrm04 PsN: 25JYR1 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Rules and Regulations 45711 believes this rule amendment does not $110,000 or triple the monetary gain to improved pigmentation in broiler and contain information collection such person for each such violation; and replacement chickens. requirements that require the approval (ii) For violations committed on or DATES: This rule is effective July 25, of the Office of Management and after October 23, 2000, not more than 2000. Budget. the greater of $120,000 or triple the monetary gain to such person for each FOR FURTHER INFORMATION CONTACT: List of Subjects in 17 CFR Part 143 such violation; and Charles J. Andres, Center for Veterinary Civil monetary penalty, Claims. (3) For each violation for which a civil Medicine (HFV–128), Food and Drug In consideration of the foregoing and monetary penalty is assessed against Administration, 7500 Standish Pl., pursuant to authority contained in any contract market or any director, Rockville, MD 20855, 301–827–1600. sections 6(c), 6b and 6c of the Act, 7 officer, agent, or employee of any SUPPLEMENTARY INFORMATION: Alpharma, U.S.C. 9, 13a, and 13a–1(d), and 28 contract market pursuant to section 6b Inc., One Executive Dr., P.O. Box 1399, U.S.C. 2461 note as amended by Pub. L. of the Commodity Exchange Act, 7 Fort Lee, NJ 07024, filed NADA 141–157 No. 104–134, the Commission hereby U.S.C. 13a: that provides for use of STENOROL amends part 143 of Chapter I of Title 17 (i) For violations committed between (2.72 grams per pound (g/lb) of of the Code of Federal Regulations as November 27, 1996 and October 22, halofuginone hydrobromide) and 3– follows: 2000, not more than $550,000 for each NITRO (45.4, 90, 227, or 360 g/lb of such violation; and roxarsone) Type A medicated articles to PART 143ÐCOLLECTION OF CLAIMS (ii) For violations committed on or make combination Type C medicated OWED THE UNITED STATES ARISING after October 23, 2000, not more than feeds for broiler chickens, replacement FROM ACTIVITIES UNDER THE $575,000 for each such violation. broiler breeder chickens, and COMMISSION'S JURISDICTION * * * * * replacement caged laying chickens prior 1. The authority of citation for part (c) Unless otherwise amended by an to sexual maturity. The combination 143 is revised to read as follows: act of Congress, the penalties set forth Type C medicated feeds contain 2.72 in this section or any penalty adjusted grams per ton (g/ton) halofuginone Authority: 7 U.S.C. 9 and 15, 9a, 12a(5), for inflation in the future pursuant to hydrobromide and 22.7 to 45.4 g/ton 13a, 13a–1(d) and 13(a); 31 U.S.C. 3701– roxarsone and are used for the 3719; 28 U.S.C. 2461 note. paragraph (b) of this section shall be applicable only to violations of the prevention of coccidiosis caused by 2. Section 143.8 is amended by Commodity Exchange Act, Commission Eimeria tenella, E. necatrix, E. revising paragraphs (a) and (c) to read as rules, or Commission orders which acervulina, E. brunetti, E. mivati, and E. follows: occur after the date on which such maxima, and for increased rate of § 143.8 Inflation-adjusted civil monetary future inflation adjustments become weight gain, improved feed efficiency, penalties. effective. and improved pigmentation. The NADA is approved as of July 3, 2000, and the (a) Unless otherwise amended by an Issued in Washington, DC on July 19, 2000 act of Congress, the inflation-adjusted by the Commission. regulations are amended in 21 CFR 558.265 and § 558.530 (21 CFR 558.530) maximum civil monetary penalty for Jean A. Webb, each violation of the Commodity to reflect the approval. The basis of Secretary of the Commission. approval is discussed in the freedom of Exchange Act or the rules or orders [FR Doc. 00–18728 Filed 7–24–00; 8:45 am] promulgated thereunder that may be information summary. BILLING CODE 6351±01±U assessed or enforced by the Commission Also, § 558.530 is editorially amended under the Commodity Exchange Act in paragraphs (a) and (d)(5) to simplify pursuant to an administrative the regulation. proceeding or a civil action in Federal DEPARTMENT OF HEALTH AND In accordance with the freedom of court will be: HUMAN SERVICES information provisions of 21 CFR part (1) For each violation for which a civil 20 and 514.11(e)(2)(ii), a summary of Food and Drug Administration monetary penalty is assessed against safety and effectiveness data and any person (other than a contract information submitted to support 21 CFR Part 558 market) pursuant to section 6(c) of the approval of this application may be seen in the Dockets Management Branch Commodity Exchange Act, 7 U.S.C. 9: New Animal Drugs for Use in Animal (HFA–305), Food and Drug (i) For violations committed between Feeds; Halofuginone and Roxarsone November 27, 1996 and October 22, Administration, 5630 Fishers Lane, rm. 2000, not more than the greater of AGENCY: Food and Drug Administration, 1061, Rockville, MD 20852, between 9 $110,000 or triple the monetary gain to HHS. a.m. and 4 p.m., Monday through such person for each such violation; and ACTION: Final rule. Friday. (ii) For violations committed on or The agency has determined under 21 after October 23, 2000, not more than SUMMARY: The Food and Drug CFR 25.33(a)(2) that this action is of a the greater of $120,000 or triple the Administration (FDA) is amending the type that does not individually or monetary gain to such person for each animal drug regulations to reflect cumulatively have a significant effect on such violation; approval of a new animal drug the human environment. Therefore, (2) For each violation for which a civil application (NADA) filed by Alpharma, neither an environmental assessment monetary penalty is assessed against Inc. The NADA provides for use of nor an environmental impact statement any contract market or other person approved, single-ingredient is required. pursuant to section 6c of the halofuginone hydrobromide and This rule does not meet the definition Commodity Exchange Act, 7 U.S.C. 13a– roxarsone Type A medicated articles to of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because 1: make two-way combination Type C it is a rule of ‘‘particular applicability.’’ (i) For violations committed between medicated feeds used for prevention of Therefore, it is not subject to the November 27, 1996 and October 22, coccidiosis, increased rate of weight congressional review requirements in 5 2000, not more than the greater of gain, improved feed efficiency, and U.S.C. 801–808.

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List of Subjects in 21 CFR Part 558 3. Section 558.530 is amended by DEPARTMENT OF JUSTICE Animal drugs, Animal feeds. revising paragraphs (a) and (d)(5) and by removing paragraph (d)(6) to read as Drug Enforcement Administration Therefore, under the Federal Food, follows: Drug, and Cosmetic Act and under 21 CFR Part 1306 authority delegated to the Commissioner § 558.530 Roxarsone. [DEA±190I] of Food and Drugs and redelegated to (a) Approvals. Type A medicated the Center for Veterinary Medicine, 21 articles: 10, 20, 50, and 80 percent to RIN 1117±AA54 CFR part 558 is amended as follows: 046573 in § 510.600(c) of this chapter Facsimile Transmission of PART 558ÐNEW ANIMAL DRUGS FOR for use as in paragraphs (d)(1) through (d)(4) of this section. Prescriptions for Patients Enrolled in USE IN ANIMAL FEEDS Hospice Programs * * * * * 1. The authority citation for 21 CFR (d) * * * AGENCY: Drug Enforcement part 558 continues to read as follows: (5) Permitted combinations. It may be Administration (DEA), Justice. Authority: 21 U.S.C. 360b, 371. used in accordance with this section in ACTION: Interim rule. combination with: 2. Section 558.265 is amended by SUMMARY: DEA is amending Title 21, adding paragraphs (c)(1)(viii) and (i) Aklomide as in § 558.35. Code of Federal Regulations (CFR) (c)(3)(ii) to read as follows: (ii) Amprolium as in § 558.55. 1306.11(g) to clearly include articulate § 558.265 Halofuginone hydrobromide. (iii) Amprolium and ethopabate as in that prescriptions for Schedule II narcotic substances for patients enrolled * * * * * § 558.58. in hospice care certified by Medicare (c) * * * (iv) Bacitracin methylene disalicylate under Title XVIII or licensed by the as in § 558.76. (1) * * * state may be transmitted by facsimile. (viii) Amount per ton. Halofuginone (v) Bacitracin zinc as in § 558.78. The regulation as it is currently worded hydrobromide, 2.72 grams plus (vi) Bambermycins and bambermycins grants this allowance for Schedule II roxarsone, 22.7 to 45.4 grams. plus certain anticoccidials as in prescriptions for patients ‘‘residing in a (A) Indications for use. For the § 558.95. hospice * * *’’. This phrase has been prevention of coccidiosis caused by (vii) Chlortetracycline as in § 558.128. perceived by the regulated industry as Eimeria tenella, E. necatrix, E. requiring that the patient reside in a (viii) Clopidol as in § 558.175. acervulina, E. brunetti, E. mivati, and E. hospice facility to the exclusion of other maxima; for increased rate of weight (ix) Decoquinate alone or in care settings, such as home hospice gain, improved feed efficiency, and combination as in § 558.195. care. It was never DEA’s intent to omit improved pigmentation. (x) [Reserved] the significant number of patients (B) Limitations. Feed continuously as receiving hospice care who reside at sole ration to replacement cage laying (xi) Halofuginone alone or in combination as in § 558.265. home. This interim rule clarifies DEA chickens until 20 weeks of age. Feed regulations in response to industry (xii) Lasalocid alone or in continuously as sole ration to questions. replacement broiler breeder chickens combination as in § 558.311. until 16 weeks of age. Use as the sole (xiii) Monensin alone or in DATES: Effective Date: July 25, 2000. source of organic arsenic; drug overdose combination as in § 558.355. Comments: Written comments must or lack of water intake may result in leg be submitted on or before September 25, (xiv) Narasin alone or in combination 2000. weakness or paralysis. Do not feed to as in § 558.363. laying chickens or waterfowl. Withdraw ADDRESSES: Comments should be 5 days before slaughter. (xv) Nequinate as in § 558.365. submitted in triplicate to the Deputy * * * * * (xvi) Nicarbazin alone or in Assistant Administrator, Office of (3) * * * combination as in § 558.366. Diversion Control, Drug Enforcement (ii) Amount per ton. Halofuginone (xvii) Nitromide and sulfanitran as in Administration, Washington, D.C. hydrobromide, 2.72 grams plus § 558.376. 20537, Attention: DEA Federal Register roxarsone, 22.7 to 45.4 grams. (xviii) Penicillin and zoalene as in Representative/CCR. (A) Indications for use. For the § 558.680. FOR FURTHER INFORMATION CONTACT: prevention of coccidiosis caused by (xix) Robenidine hydrochloride as in Patricia M. Good, Chief, Liaison and Eimeria tenella, E. necatrix, E. § 558.515. Policy Section, Office of Diversion acervulina, E. brunetti, E. mivati, and E. Control, Drug Enforcement maxima; for increased rate of weight (xx) Salinomycin alone or in Administration, Washington, D.C. gain, improved feed efficiency, and combination as in § 558.550. 20537, telephone (202) 307–7297. improved pigmentation. (xxi) Semduramicin alone or in SUPPLEMENTARY INFORMATION: (B) Limitations. Feed continuously as combination as in § 558.555. sole ration to replacement cage laying (xxii) Sulfadimethoxine, ormetoprim What Do DEA Regulations Currently chickens until 20 weeks of age. Feed as in § 558.575. Provide? continuously as sole ration to (xxiii) Zoalene alone or in DEA regulations permit a pharmacy to replacement broiler breeder chickens combination as in § 558.680. dispense a Schedule II narcotic until 16 weeks of age. Use as the sole substance pursuant to a prescription source of organic arsenic; drug overdose Dated: July 17, 2000. transmitted to the pharmacy via or lack of water intake may result in leg Stephen F. Sundlof, facsimile for a patient residing in a weakness or paralysis. Do not feed to Director, Center for Veterinary Medicine. hospice certified by Medicare under laying chickens or waterfowl. Withdraw [FR Doc. 00–18744 Filed 7–24–00; 8:45 am] Title XVIII or licensed by the state (21 5 days before slaughter. BILLING CODE 4160±01±F CFR 1306.11(g)). The faxed prescription

VerDate 112000 15:32 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\25JYR1.SGM pfrm04 PsN: 25JYR1 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Rules and Regulations 45713 serves as the original prescription for Rather, the regulations are being Small Business Regulatory Enforcement recordkeeping purposes. However, the amended to more accurately reflect Fairness Act of 1996 use of the language ‘‘residing in a DEA’s intention in the rule promulgated This rule is not a major rule as hospice certified by Medicare under at 62 FR 13938 and to alleviate public defined by Section 804 of the Small Title XVIII or licensed by the state’’ has confusion. Accordingly, DEA finds good Business Regulatory Enforcement been perceived by the regulated cause to exempt this rule from the Fairness Act of 1996. This rule will not industry as requiring that the patient provisions of the Administrative result in an annual effect on the reside in a hospice facility to the Procedure Act (5 U.S.C. 553) requiring economy of $100,000,000 or more; a exclusion of other care settings, such as notice of proposed rulemaking, the major increase in costs or prices; or home hospice care. DEA has received opportunity for public comment, and significant adverse effects on letters from home hospice care delay in effective date. competition, employment, investment, providers inquiring about the Regulatory Flexibility Act productivity, innovation, or on the requirements for facsimile transmission ability of United States-based of Schedule II prescriptions for their The Deputy Assistant Administrator companies to compete with foreign- patients. It was never DEA’s intent to hereby certifies that this rulemaking has based companies in domestic and create an exclusion for these patients. been drafted in a manner consistent export markets. DEA regulations were meant to cover all with the principles of the Regulatory patients enrolled in hospice programs Flexibility Act (5 U.S.C. 601 et seq.). It Plain Language Instructions certified by Medicare under Title XVIII will not have a significant economic The Drug Enforcement or licensed by the state, regardless of impact on a substantial number of small Administration makes every effort to where the patient resides. Consistent business entities. This rulemaking write clearly. If you have suggestions as with DEA’s interpretation of its clarifies the regulations regarding the to how to improve the clarity of this regulations, DEA has responded to the facsimile transmission of prescriptions regulation, call or write Patricia M. inquiries it has received with letters for Schedule II narcotic substances for Good, Chief, Liaison and Policy Section, stating that its regulations allow for patients enrolled in hospice programs. Office of Diversion Control, Drug facsimile transmission of prescriptions Enforcement Administration, Executive Order 12866 to such patients. Washington, DC 20537, telephone (202) 307–7297. What Change Does This Rulemaking The Deputy Assistant Administrator Make? further certifies that this rulemaking has List of Subjects in 21 CFR Part 1306 been drafted in accordance with the The inquiries DEA has received principles in Executive Order 12866, Drug traffic control, Prescription indicate that the use of the term Section 1(b). DEA has determined that drugs. ‘‘residing’’ did not fully convey DEA’s this is not a significant rulemaking For the reasons set out above, 21 CFR intended result. Therefore, DEA is action. This rulemaking clarifies the part 1306 is amended to read as follows: modifying the language of 21 CFR regulations regarding the facsimile 1306.11(g) to clarify that the permission transmission of prescriptions for PART 1306Ð[AMENDED] for facsimile transmission of Schedule II Schedule II narcotic substances for 1. The authority citation for Part 1306 narcotic prescriptions covers all patients patients enrolled in hospice programs. continues to read as follows: enrolled in hospice programs certified Therefore, this action has not been Authority: 21 U.S.C. 821, 829, 871(b). by Medicare under Title XVIII or reviewed by the Office of Management licensed by the state. and Budget. 2. Section 1306.11 is amended by revising paragraph (g) to read as follows: Regulatory Certifications Executive Order 12988—Civil Justice Administrative Procedure Act (5 U.S.C. Reform § 1306.11 Requirement of prescription. 553) This regulation meets the applicable * * * * * This rule is minor and technical in standards set forth in Sections 3(a) and (g) A prescription prepared in accordance with § 1306.05 written for a nature, merely clarifying existing DEA 3(b)(2) of Executive Order 12988. Schedule II narcotic substance for a regulations and requirements, the intent Executive Order 13132 patient enrolled in a hospice care of which was clearly indicated in the program certified and/or paid for by original notices. Further, to the extent This action has been analyzed in Medicare under Title XVIII or a hospice that regulated parties were following a accordance with the principles and program which is licensed by the state more restrictive interpretation of criteria in Executive Order 13132, and it may be transmitted by the practitioner existing regulations, the clarification has been determined that this rule does or the practitioner’s agent to the this rule makes lessens a perceived not have sufficient federalism dispensing pharmacy by facsimile. The regulatory restriction to the benefit of implications to warrant the preparation practitioner or the practitioner’s agent Medicare-certified or state licensed of a Federalism Assessment. will note on the prescription that the hospice program patients needing Unfunded Mandates Reform Act of 1995 patient is a hospice patient. The Schedule II narcotic substances. The facsimile serves as the original written original rulemakings (proposed rule 61 This rule will not result in the prescription for purposes of this FR 8503, DEA–139P, RIN 1117–AA33; expenditure by state, local, and tribal paragraph (g) and it shall be maintained final rule 62 FR 13938, DEA–139F, RIN governments, in the aggregate, or by the in accordance with § 1304.04(h). 1117–AA33) clearly indicate that DEA’s private sector, of $100,000,000 or more intent was to permit the facsimile in any one year, and will not Dated: July 14, 2000. transmission of Schedule II significantly or uniquely affect small John H. King, prescriptions for all patients enrolled in governments. Therefore, no actions were Deputy Assistant Administrator, Office of hospice programs, regardless of where deemed necessary under the provisions Diversion Control. the patient resides. This interim rule of the Unfunded Mandates Reform Act [FR Doc. 00–18572 Filed 7–24–00; 8:45 am] does not change DEA practice or policy. of 1995. BILLING CODE 4410±09±M

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DEPARTMENT OF TRANSPORTATION since that time by the National Highway Notice of Proposed Rulemaking Traffic Safety Administration (NHTSA). On April, 17, 1996, NHTSA published National Highway Traffic Safety The NDR Act of 1982 (Pub. L. 97–364) a notice of proposed rulemaking Administration called for the establishment of an (NPRM) in the Federal Register, 61 FR improved NDR. The new NDR system 16729, proposing to remove the agency’s 23 CFR Parts 1325 and 1327 (the Problem Driver Pointer System, or regulation on procedures for transition [Docket No. NHTSA±00±7551] PDPS) differs from the old NDR system to the new PDPS NDR. At the time the in that it no longer maintains full RIN 2127±AG68 NPRM was published, all 50 States and substantive records on adverse actions the District of Columbia had notified Procedures for Transition to New taken against problem drivers. Instead, NHTSA of their intention to be bound National Driver Register it maintains only identification data on by the requirements of the PDPS NDR problem drivers and ‘‘points’’ to the system. In addition, 38 States had AGENCY: National Highway Traffic State of record where the substantive completed their transition to the PDPS, Safety Administration (NHTSA), adverse action data can be obtained. In and the remaining States had requested Department of Transportation. addition, the new PDPS is fully or been granted extensions of time. In ACTION: Final rule. automated and enables State driver the NPRM, the agency indicated that licensing officials to determine virtually Part 1325 of 23 CFR would no longer be SUMMARY: This final rule announces that instantly whether another State has necessary and that section 1327.4 of 23 changes proposed in a notice of taken an adverse action or convicted a CFR would require modification once proposed rulemaking (NPRM) to driver license applicant of a serious the transition from the old NDR system NHTSA’s National Driver Register traffic offense. to the new system had been completed, (NDR) regulations will be adopted. Part 1325—Transition Procedures and the agency proposed to make those These proposed changes are being changes. The NPRM provided a 45-day adopted without change. Since all States On July 11, 1985 (50 FR 28191), comment period for interested parties to now are participating in the new NHTSA established a regulation on the present data, views, and arguments on Problem Driver Pointer System (PDPS), Procedures for the Transition from the the proposed action. No comments were and the transition from the old NDR to Old to the New PDPS NDR System (23 received. the new PDPS has been completed, the CFR part 1325). The regulation transition procedures outlined in the established procedures for the orderly Current Status on Notification and NDR NPRM are no longer needed and are transition from the NDR system Participation now removed. established in Pub. L. 86–660 as At this time, all 50 States and the DATES: This final rule becomes effective amended, to the NDR system District of Columbia now are on August 24, 2000. established in Pub. L. 97–364. The participating in the NDR under the FOR FURTHER INFORMATION CONTACT: Mr. regulation provided that its purpose was PDPS, in accordance with Part 1327. William Holden, Chief, National Driver to ensure that participating States Accordingly, the transition to PDPS has Register (NTS–24), 400 Seventh Street, understood their rights and obligations been completed, and the transition SW., Washington, DC 20590; telephone during the transition period, which was regulations no longer are needed. Part (202) 366–4800 or Ms. Heidi L. to last until such time as all States that 1325 of 23 CFR is hereby rescinded and Coleman, Assistant Chief Counsel for are participating in the NDR are doing the amendment to 23 CFR 1327.4 is General Law (NCC–30), 400 Seventh so under the PDPS. made final. Street, SW., Washington, DC 20590; Part 1327—Procedures for Participating Regulatory Analyses and Notices telephone (202) 366–1834. SUPPLEMENTARY INFORMATION: The On August 20, 1991 (56 FR 41394), Executive Order 12866 and DOT National Driver Register (NDR) NHTSA established a regulation on the Regulatory Policies and Procedures functions as a central, computerized Procedures for Participating in and Executive Order 12866, ‘‘Regulatory index of State reports on drivers whose Receiving Data from the NDR PDPS (23 Planning and Review’’ (58 FR 51735, driving privileges have been denied, CFR part 1327). The regulation October 4, 1993), provides for making cancelled, suspended or revoked, for established procedures for States to determinations whether a regulatory cause, or who have been convicted of participate in the NDR PDPS, and for action is ‘‘significant’’ and therefore certain serious traffic violations. It was other authorized parties to receive subject to Office of Management and designed to address the problem that information from the NDR. It also Budget (OMB) review and to the arises when traffic law violators, after established procedures for States to requirements of the Executive Order. losing their license in one State, attempt notify NHTSA of their intention to be The Order defines a ‘‘significant to obtain a license in another State. bound by the requirements of the PDPS regulatory action’’ as one that is likely States participate by sending to the NDR system and for States to notify to result in a rule that may: NDR records regarding individuals who NHTSA in the event it becomes (1) Have an annual effect on the have been subject to covered licensing necessary to withdraw from economy of $100 million or more or actions and convictions, and by participation. adversely affect in a material way the querying the NDR before they issue The procedures provided that only economy, a sector of the economy, licenses to applicants. In this way, States that have been certified as productivity, competition, jobs, the States can avoid issuing licenses to ‘‘participating States’’ may participate in environment, public health or safety, or persons whose driving records contain the NDR after the transition period ends State, local, or Tribunal governments or violations or licensing actions that (no later than April 30, 1995). They communities; should keep them off the road. provided, however, that States that were (2) Create a serious inconsistency or Originally established by law in 1960 not certified as ‘‘participating States’’ by otherwise interfere with an action taken (Pub. L. 86–660), the NDR was made a April 30, 1995, that wished to continue or planned by another agency; part of the Highway Safety Act of 1966 participating in the NDR, could request (3) Materially alter the budgetary (Pub. L. 89–564) and has been operated an extension of time. impact of entitlements, grants, user fees,

VerDate 112000 15:32 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\25JYR1.SGM pfrm04 PsN: 25JYR1 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Rules and Regulations 45715 or loan programs or the rights and except that it does preempt a state State, local or tribal governments, in the obligations of recipients thereof; or regulation that is in actual conflict with aggregate, or by the private sector, of (4) Raise novel legal or policy issues the federal regulation or makes more than $100 million in any one year arising out of legal mandates, the compliance with the Federal regulation (adjusted for inflation with base year of President’s priorities, or the principles impossible or interferes with the 1995). Before promulgating a NHTSA set forth in the Executive Order. implementation of the federal statute. rule for which a written statement is We have considered the impact of this needed, section 205 of the UMRA Regulatory Flexibility Act rulemaking action under Executive generally requires us to identify and Order 12866 and the Department of Pursuant to the Regulatory Flexibility consider a reasonable number of Transportation’s regulatory policies and Act (5 U.S.C. 601 et seq., as amended by regulatory alternatives and adopt the procedures. This rule is not considered the Small Business Regulatory least costly, most cost-effective or least a significant regulatory action under Enforcement Fairness Act (SBREFA) of burdensome alternative that achieves section 3(f) of the Executive Order 1996) whenever an agency is required to the objectives of the rule. The 12866. Consequently, this rulemaking publish a notice of rulemaking for any provisions of section 205 do not apply document was not reviewed by the proposed or final rule, it must prepare when they are inconsistent with Office of Management and Budget under and make available for public comment applicable law. Moreover, section 205 E.O. 12866, ‘‘Regulatory Planning and a regulatory flexibility analysis that allows us to adopt an alternative other Review.’’ The rulemaking action also is describes the effect of the rule on small than the least costly, most cost-effective not considered to be significant under entities (i.e., small businesses, small or least burdensome alternative if we the Department’s Regulatory Policies organizations, and small governmental publish with the final rule an and Procedures (44 FR 11034, February jurisdictions). However, no regulatory explanation why that alternative was 26, 1979). flexibility analysis is required if the not adopted. Because the economic impacts of this head of an agency certifies the rule will This rule does not impose any rule are so minimal, no further not have a significant economic impact unfunded mandates under the regulatory evaluation is necessary. on a substantial number of small Unfunded Mandates Reform Act of entities. SBREFA amended the Executive Order 13132 1995. This rule does not meet the Regulatory Flexibility Act to require definition of a Federal mandate because We have analyzed this rule in Federal agencies to provide a statement it does not impose requirements on accordance with Executive Order 13132 of the factual basis for certifying that a anyone. Further, it will not result in (‘‘Federalism’’). We have determined rule will not have a significant costs of $100 million or more to either that this rule does not have sufficient economic impact on a substantial State, local, or tribal governments, in the Federalism impacts to warrant the number of small entities. aggregate, or to the private sector. Thus, preparation of a federalism consultation. I have considered the effects of this this rule is not subject to the Executive Order 13045 rulemaking action under the Regulatory requirements of sections 202 and 205 of Flexibility Act (5 U.S.C. 601 et seq.) and the UMRA. Executive Order 13045 (62 FR 19885, certify that this proposal will not have April 23, 1997) applies to any rule that: a significant economic impact on a Regulation Identifier Number (RIN) (1) Is determined to be ‘‘economically substantial number of small entities. The Department of Transportation significant’’ as defined under E.O. The rule does not impose or rescind any assigns a regulation identifier number 12866, and (2) concerns an requirements for anyone. The (RIN) to each regulatory action listed in environmental, health or safety risk that Regulatory Flexibility Act does not, the Unified Agenda of Federal NHTSA has reason to believe may have therefore, require a regulatory flexibility Regulations. The Regulatory Information a disproportionate effect on children. If analysis. Service Center publishes the Unified the regulatory action meets both criteria, Agenda in April and October of each we must evaluate the environmental National Environmental Policy Act year. You may use the RIN contained in health or safety effects of the planned We have analyzed this action for the the heading at the beginning of this rule on children, and explain why the purposes of the National Environmental document to find this action in the planned regulation is preferable to other Policy Act and determined that it will Unified Agenda. potentially effective and reasonably not have any significant impact on the feasible alternatives considered by us. quality of the human environment. List of Subjects This rule is not subject to the Executive Order because it is not Paperwork Reduction Act 23 CFR Part 1325 economically significant as defined in Under the Paperwork Reduction Act Highway safety, Intergovernmental E.O. 12866. It also does not involve of 1995, a person is not required to relations. decisions based on health risks that respond to a collection of information 23 CFR Part 1327 disproportionately affect children. by a Federal agency unless the collection displays a valid OMB control Highway safety, Intergovernmental Executive Order 12778 number. This rule does not propose any relations, Reporting and recordkeeping Pursuant to Executive Order 12778, new information collection requirements. ‘‘Civil Justice Reform,’’ we have requirements. considered whether this rule will have Under the authority of 49 CFR part any retroactive effect. This rule does not Unfunded Mandates Reform Act 1.50, the Deputy Administrator of the have any retroactive effect. A petition Section 202 of the Unfunded National Highway Traffic Safety for reconsideration or other Mandates Reform Act of 1995 (UMRA) Administration amends title 23 of the administrative proceeding will not be a requires Federal agencies to prepare a Code of Federal Regulations, Chapter III, prerequisite to an action seeking judicial written assessment of the costs, benefits as follows: review of this rule. This rule does not and other effects of proposed or final PART 1325Ð[REMOVED] preempt the states from adopting laws rules that include a Federal mandate or regulations on the same subject, likely to result in the expenditure by Part 1325 is removed.

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PART 1327ÐPROCEDURES FOR a letter to NHTSA certifying that the ADDRESSES: Comments and material PARTICIPATING IN AND RECEIVING State wishes to be reinstated as a received from the public, as well as INFORMATION FROM THE NATIONAL participating State and that it intends to documents indicated in this preamble as DRIVER REGISTER PROBLEM DRIVER be bound by the requirements of section being available in the docket, are part of POINTER SYSTEM 205 of the NDR Act of 1982 and § 1327.5 docket (CGD01–99–029) and are of this part. It shall also describe the available for inspection or copying at 1. The authority citation for part 1327 changes necessary to meet the statutory the First Coast Guard District, Bridge continues to read as follows: and regulatory requirements of PDPS. Branch Office, 408 Atlantic Avenue, Authority: Pub.L. 97–364, 96 Stat. 1740, as (2) Within 20 days after receipt of the Boston, Massachusetts 02110, 7 a.m. to amended (49 U.S.C. 30301, et seq.); State’s notification, NHTSA will 3 p.m., Monday through Friday, except delegation of authority at 49 CFR 1.50. acknowledge receipt of the State’s Federal holidays. 2. Section 1327.4 is revised to read as certification to be reinstated. FOR FURTHER INFORMATION CONTACT: Mr. follows: (3) The chief driver licensing official John W. McDonald, Project Officer, First of a State that has notified NHTSA of its Coast Guard District, (617) 223–8364. § 1327.4 Certification, termination and intention to be reinstated as a SUPPLEMENTARY INFORMATION: reinstatement procedures. participating State will, at such time as (a) Certification requirement. Only it has completed all changes necessary Regulatory Information States that have been certified by to meet the statutory and regulatory On April 25, 2000, we published a NHTSA as participating States under requirements of PDPS, certify this fact to notice of proposed rulemaking (NPRM) PDPS may participate in the NDR. the agency. entitled Drawbridge Operation NHTSA will remove all records on file (4) Upon receipt, review and approval Regulations; Westchester Creek, Bronx and will not accept any inquiries or of certification from the State, NHTSA River and Hutchinson River, New York, reports from a State that has not been will recertify the State as a participating in the Federal Register (65 FR 24162). certified as a participating State. State under PDPS. We received no comments in response (b) Termination or cancellation. (1) If Issued on: July 18, 2000. to the notice of proposed rulemaking. a State finds it necessary to discontinue No public hearing was requested and participation, the chief driver licensing Rosalyn G. Millman, none was held. official of the participating State shall Deputy Administrator, National Highway notify NHTSA in writing, providing the Traffic Safety Administration. Background and Purpose reason for terminating its participation. [FR Doc. 00–18574 Filed 7–24–00; 8:45 am] (2) The effective date of termination BILLING CODE 4910±59±P Bruckner Boulevard/Eastern Boulevard will be no less than 30 days after Bridge notification of termination. The Bruckner Boulevard/Eastern (3) NHTSA will notify any DEPARTMENT OF TRANSPORTATION Boulevard Bridge, mile 1.1, across the participating State that changes its Bronx River at the Bronx, has a vertical Coast Guard operations such that it no longer meets clearance of 27 feet at mean high water statutory and regulatory requirements, and 34 feet at mean low water. The 33 CFR Part 117 that its certification to participate in the existing operating regulations for the NDR will be withdrawn if it does not [CGD01±99±070] Bruckner Boulevard/Eastern Boulevard come back into compliance within 30 RIN 2115±AE47 Bridge in 33 CFR 117.771(a) require the days from the date of notification. bridge to open on signal if at least a (4) If a participating State does not Drawbridge Operation Regulations: four-hour advance notice is given to the come back into compliance with Westchester Creek, Bronx River, and NYCDOT Radio Hotline, or NYCDOT statutory and regulatory requirements Hutchinson River, NY Bridge Operations Office. From 7 a.m. to within the 30-day period, NHTSA will 9 a.m. and 4 p.m. to 6 p.m., Monday send a letter to the chief driver licensing AGENCY: Coast Guard, DOT. through Friday, the bridge need not official cancelling its certification to ACTION: Final rule. open for vessel traffic. participate in the NDR. (5) NHTSA will remove all records on SUMMARY: The Coast Guard is changing Hutchinson River Parkway Bridge file and will not accept any inquiries or the operating rules for three New York The Hutchinson River Parkway reports from a State whose participation City bridges; the Bruckner Boulevard/ Bridge, mile 0.9, across the Hutchinson in the NDR has been terminated or Unionport Bridge, at mile 1.7, across River at the Bronx, has a vertical cancelled. Westchester Creek at the Bronx, the clearance of 30 feet at mean high water (6) To be reinstated as a participating Bruckner Boulevard/Eastern Boulevard and 38 feet at mean low water. The State after being terminated or Bridge, mile 1.1, across the Bronx River existing operating regulations for the cancelled, the chief driver licensing at the Bronx, and the Hutchinson River Hutchinson River Parkway Bridge in 33 official shall follow the notification Parkway Bridge, mile 0.9, across the CFR 117.793(b) require the bridge to procedures in paragraphs (c)(1) and (3) Hutchinson River, at the Bronx, all in open on signal if at least a six-hour of this section and must be re-certified New York. The bridge owner asked the advance notice is given. by NHTSA as a participating State Coast Guard to change the regulations to under PDPS, upon a determination by require a two-hour advance notice for Bruckner Boulevard/Unionport Bridge NHTSA that the State complies with the openings. This action is expected to The Bruckner Boulevard/Unionport statutory and regulatory requirements relieve the owner of the bridge from the Bridge, at mile 1.7, across Westchester for participation, in accordance with requirement to crew each bridge at all Creek at the Bronx, has a vertical paragraphs (c)(2) and (4) of this section. times by using a roving crew of clearance of 14 feet at mean high water (c) Reinstatement. (1) The chief driver drawtenders and still meet the and 21 feet at mean low water. The licensing official of a State that wishes reasonable needs of navigation. existing operating regulations for the to be reinstated as a participating State DATES: This rule is effective August 24, Bruckner Boulevard Bridge in 33 CFR in the NDR under the PDPS, shall send 2000. 117.815 require the bridge to open on

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CFR 117.771(a) for the Bruckner Small Entities The owner of the bridges, the New Boulevard/Eastern Boulevard Bridge, York City Department of Transportation mile 1.1, across the Bronx River, to Under the Regulatory Flexibility Act (NYCDOT), submitted bridge opening require that the draw shall open on (5 U.S.C. 601–612) we considered log data to the Coast Guard for review. signal if at least a two-hour advance whether this rule would have a The bridge owner plans to operate all notice is given. The requirement that the significant economic impact on a three bridges with multiple crews of draw need not open for vessel traffic, 7 substantial number of small entities. drawtenders after a two-hour advance a.m. to 9 a.m. and 4 p.m. to 6 p.m., ‘‘Small entities’’ comprises small notice is given. The two-hour advance Monday through Friday, will remain businesses, not-for-profit organizations notice for all three bridges will make the unchanged by this action. that are independently owned and advance notice requirement consistent operated and are not dominant in their for each bridge allowing sufficient time Hutchinson River Parkway Bridge fields, and governmental jurisdictions for the roving crews of drawtenders to Revise the operating regulations at 33 with populations less than 50,000. operate all three bridges. The closed CFR 117.793(b) for the Hutchinson The Coast Guard certifies under 5 periods 7 a.m. to 9 a.m. and 4 p.m. to Parkway Bridge, mile 0.9, across the U.S.C. 605(b) that this rule will not have 6 p.m., Monday through Friday, for Hutchinson River, to require that the a significant economic impact on a Bruckner Boulevard/Unionport Bridge draw shall open on signal if at least a substantial number of small entities. and Bruckner Boulevard/Eastern two-hour advance notice is given. This conclusion is based upon the fact Boulevard Bridge will not be changed that the bridges will still open for all Bruckner Boulevard/Unionport Bridge by this rule. The number of bridge vessel traffic after a two-hour advance openings at the three bridges are as Revise the operating regulations at 33 notice is given. Commercial vessel follows: CFR 117.815 for the Bruckner transits are scheduled in advance. Boulevard/Unionport Bridge, mile 1.7, Providing a two-hour notice for bridge 1998 1999 across Westchester Creek, to add the openings should not prevent vessels requirement that the draw open on from transiting the waterway in a timely Bruckner/Unionport ...... 429 516 signal if at least a two-hour advance manner. Bruckner/Eastern ...... 0 0 notice be given. The requirement that Hutchinson Parkway ...... 75 129 the draw need not open for vessel Collection of Information traffic, 7 a.m. to 9 a.m. and 4 p.m. to 6 This rule calls for no new collection The Coast Guard believes that the p.m., Monday through Friday, will of information under the Paperwork owner’s plan to use multiple crews of remain unchanged by this action. Reduction Act of 1995 (44 U.S.C. 3501– roving drawtenders to operate these Requests for bridge openings may be 3520). bridges will meet the needs of given to the New York City Department navigation. The bridge owner will of Transportation (NYCDOT) Radio Federalism provide additional crews of drawtenders Hotline or NYCDOT Bridge Operations We have analyzed this rule under in the event the number of bridge Office. Executive Order 13132 and have opening requests increases. This consistent two-hour advance determined that this rule does not have The Coast Guard believes that the notice requirement will allow the bridge implications for federalism under that two-hour advance notice is reasonable owner to utilize multiple crews of Order. because the bridges will still open on drawtenders to open the bridges and signal, except during the closed periods still meet the reasonable needs of Unfunded Mandates Reform Act at Bruckner Boulevard/Unionport navigation. The Unfunded Mandates Reform Act Bridge and Bruckner Boulevard/Eastern The Coast Guard believes this roving of 1995 (2 U.S.C. 1531–1538) governs Boulevard Bridge, provided the two- crew concept will be successful because the issuance of Federal regulations that hour notice is given. The commercial commercial vessel transits are require unfunded mandates. An vessel transits on the Bronx River, scheduled in advance. Providing a two- unfunded mandate is a regulation that Hutchinson River, Eastchester Creek hour notice for bridge openings should requires a State, local, or tribal and Westchester Creek are scheduled in not prevent vessels from transiting the government or the private sector to advance. Providing a two-hour notice waterway in a timely manner. incur direct costs without the Federal for bridge openings should not prevent Regulatory Evaluation Government’s having first provided the vessels from transiting the waterway in funds to pay those unfunded mandate a timely manner. This rule is not a ‘‘significant costs. This rule will not impose an The advance notice time will be regulatory action’’ under section 3(f) of unfunded mandate. reduced at the Bruckner Boulevard/ Executive Order 12866 and does not Eastern Boulevard and the Hutchinson require an assessment of potential costs Taking of Private Property River Parkway bridges from four-hour and benefits under section 6(a)(3) of that This rule will not effect a taking of and six-hour advance notice, Order. The Office of Management and private property or otherwise have respectively to two-hours advance Budget has not reviewed it under that taking implications under Executive notice for both bridges. Order. It is not ‘‘significant’’ under the Order 12630, Governmental Actions and regulatory policies and procedures of Interference with Constitutionally Discussion of Proposal the Department of Transportation (DOT) Protected Property Rights. The Coast Guard is revising the (44 FR 11040; February 26, 1979). This operating regulations for the Bronx conclusion is based on the fact that the Civil Justice Reform River, Hutchinson River (Eastchester bridges will still open for marine traffic This rule meets applicable standards Creek) and Westchester Creek as provided a two-hour notice is given. in sections 3(a) and 3(b)(2) of Executive follows: Commercial transits are scheduled in Order 12988, Civil Justice Reform, to

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This rule is not * * * * * Chief, Technical Assessment Branch, an economically significant rule and 4. Section 117.815 is revised to read Mailcode 3AP22, U.S. Environmental does not concern an environmental risk as follows: Protection Agency, Region III, 1650 to health or risk to safety that may Arch Street, Philadelphia, Pennsylvania disproportionately affect children. § 117.815 Westchester Creek. 19103. Copies of the documents relevant to this action are available for public Environment The draw of the Bruckner Boulevard/ Unionport Bridge, mile 1.7, at the inspection during normal business The Coast Guard considered the Bronx, New York, shall open on signal hours at the Air Protection Division, environmental impact of this rule and if at least a two-hour advance notice is U.S. Environmental Protection Agency, concluded that under figure 2–1, given to the New York City Department Region III, 1650 Arch Street, paragraph (32)(e) of Commandant of Transportation (NYCDOT) radio Philadelphia, Pennsylvania 19103; the Instruction M16475.1C, this rule is hotline, or the NYCDOT Bridge Air and Radiation Docket and categorically excluded from further Operations Office. The draw need not be Information Center, U.S. Environmental environmental documentation because opened for vessel traffic from 7 a.m. to Protection Agency, 401 M Street, SW, promulgation of changes to drawbridge 9 a.m. and 4 p.m. to 6 p.m., Monday Washington, DC 20460; and Maryland regulations have been found to not have through Friday. The owner of the bridge Department of the Environment, 2500 a significant effect on the environment. shall provide clearance gauges Broening Highway, Baltimore, A ‘‘Categorical Exclusion according to the provisions of § 118.160 Maryland, 21224. Determination’’ is available in the of this chapter. FOR FURTHER INFORMATION CONTACT: docket for inspection or copying where Dated: July 17, 2000. Ruth E. Knapp, (215) 814–2191, or by e- indicated under ADDRESSES. mail at [email protected]. G.N. Naccara, SUPPLEMENTARY INFORMATION: List of Subjects in 33 CFR Part 117 Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District. Throughout this document wherever Bridges. ‘‘we,’’ ‘‘us’’ or ‘‘our’’ are used we mean [FR Doc. 00–18683 Filed 7–24–00; 8:45 am] EPA. Regulations BILLING CODE 4910±15±P Table of Contents For the reasons set out in the preamble, the Coast Guard amends 33 I. What Is EPA Approving? CFR part 117 as follows: ENVIRONMENTAL PROTECTION II. What Facilities/Operations Does This AGENCY Action Apply To? PART 117ÐDRAWBRIDGE III. What Are The Provisions of the Revised OPERATION REGULATIONS 40 CFR Part 52 Regulation? IV. What Are The Current Limits on These [MD042±3051; FRL±6838±3] 1. The authority citation for part 117 Sources? continues to read as follows: V. What Supporting Material Did Maryland Approval and Promulgation of Air Provide? Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 Quality Implementation Plans; VI. What Are the Environmental Effects of CFR 1.05–1(g); section 117.255 also issued Maryland; Approval of Revisions to this Action? under the authority of Pub. L. 102–587, 106 COMAR 26.11.12 Control of Batch VII. EPA Rulemaking Action. Stat. 5039. Type Hot-Dip Galvanizing Installations VIII. Administrative Requirements. 2. Section 117.771(a) is revised to AGENCY: Environmental Protection I. What Is the EPA Approving? read as follows: Agency (EPA). We are approving, as a SIP revision, changes made to the regulations that are § 117.771 Bronx River. ACTION: Direct final rule. related to batch type hot-dip galvanizing (a) The draw of the Bruckner SUMMARY: EPA is approving revisions to installations. These facilities perform Boulevard Bridge, mile 1.1, at the the Maryland regulations regarding finishing techniques on metals. In order Bronx, New York, shall open on signal batch type hot-dip galvanizing to protect metals, such as steel, from if at least a two-hour advance notice is installations. The revisions effect the corrosion, chemical coatings are given to the New York City Department fluxing process at these facilities and applied. There are usually three steps in of Transportation (NYCDOT) Radio the changes allow more flexibility in the hot dip process: surface preparation, Hotline, or the NYCDOT Bridge controlling particulate matter emissions fluxing, and galvanizing. The changes Operations Office. From 7 a.m. to 9 a.m. while maintaining the same opacity being made to the regulation effect the and 4 p.m. to 6 p.m., Monday through limit on this process. These revisions fluxing portion of the process. The Friday, the bridge need not be opened were submitted by the State of revisions allow particulate emissions for the passage of vessels. Maryland, Department of the from fluxing to be controlled using a * * * * * Environment (MDE) as a revision to its pollution control device. The revisions 3. Section 117.793(b) is revised to State Implementation Plan (SIP) on July were submitted as a SIP revision to EPA read as follows: 17, 1995. on July 17, 1995. The changes allow DATES: This rule is effective on these facilities to meet the current § 117.793 Hutchinson River (Eastchester September 25, 2000 without further opacity limit by installing control Creek). notice, unless EPA receives adverse equipment instead of imposing limits on * * * * * written comment by August 24, 2000. If materials used during fluxing.

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II. What Facilities/Operations Does This opportunity for operational flexibility Reform Act of 1995 (Pub. L. 104–4). For Action Apply To? but does not mandate require any the same reason, this rule also does not We are approving revisions to a changes at existing facilities. significantly or uniquely affect the communities of tribal governments, as portion of the regulations that only VI. What Are the Environmental Effects specified by Executive Order 13084 (63 apply to batch type hot-dip galvanizing of This Action? operations. These facilities perform FR 27655, May 10, 1998). This rule will finishing techniques on metals and Visible emission limitations are not not have substantial direct effects on the apply coatings to help protect the metal being revised. Therefore, this action States, on the relationship between the products from corrosion. Only these should not have an adverse impact on national government and the States, or types of facilities are effected by the air quality. This action provides on the distribution of power and revisions. There are no new industry with additional flexibility to responsibilities among the various requirements for these facilities. meet existing air pollution limits. levels of government, as specified in Executive Order 13132 (64 FR 43255, VII. EPA Rulemaking Action III. What Are the Provisions of the August 10, 1999), because it merely Revised Regulations? We are approving, through direct final approves a state rule implementing a The revised regulations allow more rulemaking, revisions to Maryland’s federal standard, and does not alter the flexibility for these facilities to meet the batch type hot-dip galvanizing relationship or the distribution of power 20% opacity limit contained in COMAR regulations. The revisions pertain to the and responsibilities established in the 26.11.12.04. The revisions allow a manner in which a source may comply Clean Air Act. This rule also is not facility to install pollution control with the current opacity limits. We are subject to Executive Order 13045 (62 FR equipment to meet the applicable publishing this action without prior 19885, April 23, 1997), because it is not opacity limit instead of maintaining proposal because we view this as a economically significant. limits on the fluxing process. The noncontroversial revision and anticipate In reviewing SIP submissions, EPA’s revision provides that MDE must no adverse comments. However, in a role is to approve state choices, approve the use of the control device. If separate document in the ‘‘Proposed provided that they meet the criteria of MDE approves the selection of a Rules’’ section of today’s Federal the Clean Air Act. In this context, in the federally approved control device, no Register, we are publishing a separate absence of a prior existing requirement further action is required between MDE document that will serve as the proposal for the State to use voluntary consensus and us. However, if MDE approves the to approve the SIP revision if adverse standards (VCS), EPA has no authority use of a non-federally approved control comments are filed. This rule will be to disapprove a SIP submission for device then MDE must submit a source effective on September 25, 2000 without failure to use VCS. It would thus be specific SIP revision to us so that use of further notice unless we receive adverse inconsistent with applicable law for the device can be federally approved. comment by August 24, 2000. Should EPA, when it reviews a SIP submission, This additional step is required since we receive such comments, we will to use VCS in place of a SIP submission there is no documented process publish a timely withdrawal in the that otherwise satisfies the provisions of provided in the regulation indicating Federal Register informing the public the Clean Air Act. Thus, the how MDE will determine when a that the rule will not take effect. We will requirements of section 12(d) of the control device may be used in these address all public comments in a National Technology Transfer and situations. We view this revision as subsequent final rule based on the Advancement Act of 1995 (15 U.S.C. potentially allowing the selection of an proposed rule. We will not institute a 272 note) do not apply. As required by alternative method of pollution control second comment period on this action. section 3 of Executive Order 12988 (61 which has not been federally delegated Any parties interested in commenting FR 4729, February 7, 1996), in issuing to MDE. on this action must do so at this time. this rule, EPA has taken the necessary steps to eliminate drafting errors and IV. What Are the Current Limits on VIII. Administrative Requirements ambiguity, minimize potential litigation, These Sources? A. General Requirements and provide a clear legal standard for All batch type hot-dip galvanizing affected conduct. EPA has complied operations are prohibited from using Under Executive Order 12866 (58 FR with Executive Order 12630 (53 FR ammonium chloride in prefluxes and 51735, October 4, 1993), this action is 8859, March 15, 1988) by examining the top fluxes except where it is contained not a ‘‘significant regulatory action’’ and takings implications of the rule in in a prepackaged flux compound of therefore is not subject to review by the accordance with the ‘‘Attorney which the ammonium chloride content Office of Management and Budget. This General’s Supplemental Guidelines for does not exceed 69 percent. The action merely approves state law as the Evaluation of Risk and Avoidance of facilities are also prohibited from meeting federal requirements and Unanticipated Takings’’ issued under applying a flux to a galvanized end imposes no additional requirements the executive order. This rule does not product. beyond those imposed by state law. impose an information collection Accordingly, the Administrator certifies burden under the provisions of the V. What Supporting Material Did that this rule will not have a significant Paperwork Reduction Act of 1995 (44 Maryland Provide? economic impact on a substantial U.S.C. 3501 et seq.). Maryland provided information number of small entities under the pertaining to the current regulation and Regulatory Flexibility Act (5 U.S.C. 601 B. Submission to Congress and the the possible use of a control device. et seq.). Because this rule approves pre- Comptroller General Visible emission limits are usually met existing requirements under state law The Congressional Review Act, 5 by restrictions on the flux process and does not impose any additional U.S.C. 801 et seq., as added by the Small which is generally uncontrolled. MDE enforceable duty beyond that required Business Regulatory Enforcement indicates that use of a baghouse for by state law, it does not contain any Fairness Act of 1996, generally provides control of particulate pollution may be unfunded mandate or significantly or that before a rule may take effect, the a possible alternative to existing process uniquely affect small governments, as agency promulgating the rule must limitations. This change provides an described in the Unfunded Mandates submit a rule report, which includes a

VerDate 112000 15:32 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\25JYR1.SGM pfrm04 PsN: 25JYR1 45720 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Rules and Regulations copy of the rule, to each House of the (A) Letter of July 17, 1995 from the Inc., (202) 857–3800, 1231 20th Street, Congress and to the Comptroller General Maryland Department of the NW, Washington, DC 20036. of the United States. EPA will submit a Environment to Mr. Stanley Laskowski List of Subjects in 47 CFR Part 73 report containing this rule and other of EPA transmitting revisions to required information to the U.S. Senate, COMAR 26.11.12 Control of Batch Type Television, Digital television the U.S. House of Representatives, and Hot-Dip Galvanizing Installations broadcasting. the Comptroller General of the United related to use of control equipment to Part 73 of Title 47 of the Code of States prior to publication of the rule in meet visible emission limitations. Federal Regulations is amended as the Federal Register. This rule is not a (B) Revision to COMAR 26.11.12 follows: ‘‘major rule’’ as defined by 5 U.S.C. Control of Batch Type Hot-Dip 804(2). This action effect batch type hot- Galvanizing Installations related to use PART 73Ð[AMENDED] dip galvanizing installations in of control equipment to meet visible 1. The authority citation for part 73 Maryland only. emission limitations. Revisions were continues to read as follows: effective on May 8, 1995. C. Petitions for Judicial Review (ii) Additional Material.—Remainder Authority: 47 U.S.C. 154, 303, 334. 336. Under section 307(b)(1) of the Clean of July 17, 1995, submittal related to § 73.622 [Amended] Air Act, petitions for judicial review of COMAR 26.11.12 Control of Batch Type this action must be filed in the United Hot-Dip Galvanizing Installations and 2. Section 73.622(b), the Table of States Court of Appeals for the the use of pollution control equipment Digital Television Allotments under appropriate circuit by September 25, to meet visible emission limitations. Georgia, is amended by removing DTV Channel 30 and adding DTV Channel 12 2000. Filing a petition for [FR Doc. 00–18528 Filed 7–24–00; 8:45 am] reconsideration by the Administrator of at Albany. BILLING CODE 6560±50±P this final rule does not affect the finality Federal Communications Commission. of this rule for the purposes of judicial Barbara A. Kreisman, review nor does it extend the time FEDERAL COMMUNICATIONS Chief, Video Services Division, Mass Media within which a petition for judicial Bureau. COMMISSION review may be filed, and shall not [FR Doc. 00–18765 Filed 7–24–00; 8:45 am] postpone the effectiveness of such rule 47 CFR Part 73 BILLING CODE 6712±01±P or action. This action may not be challenged later in proceedings to [DA 00±1591, MM Docket No. 99±319; RM± enforce its requirements. (See section 9756] FEDERAL COMMUNICATIONS 307(b)(2).) This action only effects batch Digital Television Broadcast Services; COMMISSION type hot-dip galvanizing installations in Albany, GA Maryland. 47 CFR Part 73 AGENCY: Federal Communications List of Subjects in 40 CFR Part 52 [DA 00±1577; MM Docket No. 98±86; RM± Commission. 9284, RM±9671] Environmental protection, Air ACTION: Final rule. pollution control, Incorporation by Radio Broadcasting Services; reference, Particulate matter, Reporting SUMMARY: The Commission, at the Wamsutter and Bairoil, WY and recordkeeping requirements. request of Waitt License Company of Georgia, L.L.C., licensee of station AGENCY: Federal Communications Dated: July 1, 2000. WFXL(TV), NTSC Channel 31, Commission. Bradley M. Campbell, substitutes DTV Channel 12 for DTV ACTION: Final rule. Regional Administrator, Region III. Channel 30 at Albany, Georgia. See 64 SUMMARY: The Commission, at the 40 CFR part 52 is amended as follows: FR 60150, November 4, 1999. DTV request of Mountain Tower Channel 12 can be allotted to Albany at Broadcasting, allots Channel 261C to PART 52Ð[AMENDED] coordinates (31–19–52 N. and 83–51–43 Wamsutter, Wyoming as the W.) with a power of 60, HAAT of 287 1. The authority citation for part 52 community’s first local aural service; meters, and with a DTV service continues to read as follows: and, at the request of Mount Rushmore population of 631 thousand. With this Broadcasting, Inc., allots Channel 266A Authority: 42 U.S.C. 7401 et seq. action, this proceeding is terminated. to Wamsutter as a second local aural DATES: Subpart 52.1070ÐMaryland Effective September 5, 2000. service, and Channel 265A at Bairoil, FOR FURTHER INFORMATION CONTACT: Pam Wyoming as the community’s first local 2. Section 52.1070 is amended by Blumenthal, Mass Media Bureau, (202) aural service. See 63 FR 34621 (June 25, adding paragraphs (c)(149) to read as 418–1600. 1998). follows: SUPPLEMENTARY INFORMATION: This is a Channel 261C can be allotted to synopsis of the Commission’s Report Wamsutter in compliance with the § 52.1070 Identification of plan. and Order, MM Docket No. 99–319, Commission’s minimum distance * * * * * adopted July 19, 2000, and released July separation requirements, with respect to (c) * * * 20, 2000. The full text of this domestic allotments, with a site (149) Revisions to the Maryland Commission decision is available for restriction of 23.4 kilometers (14.6 Regulations related to use of pollution inspection and copying during normal miles) at coordinates 41–44–00 and control devices in COMAR 26.11.12 business hours in the FCC Reference 108–14–27. Channel 266A can be Control of Batch Type Hot-Dip Center, 445 12th Street, SW, allotted at Wamsutter without the Galvanizing Installations submitted on Washington, DC. The complete text of imposition of a site restriction, at July 17, 1995 by the Maryland this decision may also be purchased coordinates 41–40–18 and 107–58–18; Department of the Environment: from the Commission’s copy contractor, and Channel 265A can be allotted at (i) Incorporation by reference. International Transcription Services, Bairoil without the imposition of a site

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Instead, the issue of petition for reconsideration of a Report Channel 268C3 for Channel 268A at Las opening a filing window for each and Order Order, 63 FR 49684 Vegas, NM, reallots Channel 268C3 from channel will be addressed by the (September 17, 1998), that denied a Las Vegas to Pecos, NM, as the Commission in a subsequent Order. petition for rule making and the community’s first local aural service, alternative allotment plan filed by DATES: Effective August 28, 2000. and modifies its construction permit Thunderbolt Broadcasting Company (BPH–19960829MH) accordingly. See 65 ADDRESSES: Federal Communications (‘‘Thunderbolt’’) proposing the Commission, Washington, DC 20554. FR 4798, February 1, 2000. Channel substitution of Channel 267C3 for 286C3 can be allotted to Pecos in FOR FURTHER INFORMATION CONTACT: Channel 269A at Martin, Tennessee. To compliance with the Commission’s Victoria M. McCauley, Mass Media accommodate its proposal to upgrade minimum distance separation Bureau, (202) 418–2180. Station WCMT(FM)’s Channel 269A to requirements with a site restriction of SUPPLEMENTARY INFORMATION: This is a Channel 267C3 at Martin, Thunderbolt 9.1 kilometers (5.7 miles) east, at synopsis of the Commission’s Report also proposed to substitute Channel coordinates 35–32–54 NL; 105–35–18 and Order, MM Docket No. 98–86, 247A for Channel 267C3 at Tiptonville, WL. This action also editorially amends adopted July 5, 2000, and released July Tennessee and to substitute Channel the Table of FM Allotments to reflect 14, 2000. The full text of this 249C3 for Channel 248C3 at Trenton, the substitution of Channel 275C2 for Commission decision is available for Tennessee. These alternate proposals Channel 275A at Las Vegas, NM, inspection and copying during normal were rejected because engineering pursuant to Station KTRL’s one-step business hours in the FCC Reference studies determined that retaining upgrade application (BMPH– Center (Room 239), 445 12th Street, Channel 267C3 at Tiptonville would 19991220ACQ) granted on March 30, SW., Washington, DC. The complete result in service to many more people 2000. text of this decision may also be than allotting Channel 267C3 to Martin. DATES: purchased from the Commission’s copy ADDRESSES: Federal Communications Effective August 28, 2000. contractor, International Transcription Commission, Washington, DC 20554. ADDRESSES: Federal Communications Services, Inc., (202) 857–3800, 1231 FOR FURTHER INFORMATION CONTACT: R. Commission, Washington, DC 20554. 20th Street, NW., Washington, DC Barthen Gorman, Mass Media Bureau, 20036. FOR FURTHER INFORMATION CONTACT: (202) 418–2180. Leslie K. Shapiro, Mass Media Bureau, List of Subjects in 47 CFR Part 73 SUPPLEMENTARY INFORMATION: This is a (202) 418–2180. synopsis of the Commission’s Radio broadcasting. SUPPLEMENTARY INFORMATION: This is a Part 73 of Title 47 of the Code of Memorandum Opinion and Order, MM synopsis of the Commission’s Report Federal Regulations is amended as Docket No. 96–204, adopted on July 5, and Order, MM Docket No. 00–5, follows: 2000, and released on July 14, 2000. The adopted July 5, 2000, and released July full text of this Commission decision is 14, 2000. The full text of this PART 73Ð[AMENDED] available for inspection and copying Commission decision is available for during normal business hours in the inspection and copying during normal 1. The authority citation for part 73 FCC’s Reference Information Center at continues to read as follows: business hours in the FCC Reference Portals II, CY–A257, 445 12th Street, Center (Room 239), 445 12th Street, SW, Authority: 47 U.S.C. 154, 303, 334. 336. SW., Washington, DC 20554. The Washington, DC. The complete text of complete text of this decision may also § 73.202 [Amended] this decision may also be purchased be purchased from the Commission’s from the Commission’s copy contractor, 2. Section 73.202(b), the Table of FM copy contractors, International International Transcription Services, Allotments under Wyoming, is amended Transcription Service, Inc., (202) 857– Inc., (202) 857–3800, 1231 20th Street, by adding Wamsutter, Channels 261C 3800, located at 1231 20th Street, NW., NW, Washington, DC 20036. and 266A and Bairoil, Channel 281A. Washington, DC 20036. Federal Communications Commission. Federal Communications Commission. List of Subjects in 47 CFR Part 73 John A. Karousos, John A. Karousos, Radio broadcasting. Chief, Allocations Branch, Policy and Rules Chief, Allocations Branch, Policy and Rules Part 73 of title 47 of the Code of Division, Mass Media Bureau. Division, Mass Media Bureau. Federal Regulations is amended as [FR Doc. 00–18754 Filed 7–24–00; 8:45 am] [FR Doc. 00–18752 Filed 7–24–00; 8:45 am] follows: BILLING CODE 6712±01±P BILLING CODE 6712±01±P PART 73Ð[AMENDED]

FEDERAL COMMUNICATIONS FEDERAL COMMUNICATIONS 1. The authority citation for part 73 COMMISSION COMMISSION continues to read as follows: 47 CFR Part 73 47 CFR Part 73 Authority: 47 U.S.C. 154, 303, 334. 336. [DA 00±1571; MM Docket No. 96±204; RM± [DA 00±1560; MM Docket No. 00±5; RM± § 73.202 [Amended] 8876 and RM±9015] 9752] 2. Section 73.202(b), the Table of FM Radio Broadcasting Services; Martin, Radio Broadcasting Services; Las Allotments under New Mexico, is Tiptonville, and Trenton, TN Vegas and Pecos, NM amended by removing Channels 268A and 275A and adding Channel 275C2 at AGENCY: Federal Communications AGENCY: Federal Communications Las Vegas and by adding Pecos, Channel Commission. Commission. 268C3.

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Federal Communications Commission. § 73.202 [Amended] respective application to specify John A. Karousos, 2. Section 73.202(b), the Table of FM operation on Channel 273C2 at Mason. Chief, Allocations Branch, Policy and Rules Allotments under Oklahoma, is This proposal would not comply with Division, Mass Media Bureau. amended by adding Channel 296C3 at the separation requirements set forth in [FR Doc. 00–18764 Filed 7–24–00; 8:45 am] Alva. Section 73.207(b) of the Rules. BILLING CODE 6712±01±P Federal Communications Commission. DATES: Effective September 5, 2000. John A. Karousos, ADDRESSES: Federal Communications FEDERAL COMMUNICATIONS Chief, Allocations Branch, Policy and Rules Commission, Washington, DC 20554. COMMISSION Division, Mass Media Bureau. [FR Doc. 00–18763 Filed 7–24–00; 8:45 am] FOR FURTHER INFORMATION CONTACT: 47 CFR Part 73 BILLING CODE 6712±01±P Robert Hayne, Mass Media Bureau, (202) 418–2177. [DA 00±1561; MM Docket No. 00±7; RM± SUPPLEMENTARY INFORMATION: This is a 9799] FEDERAL COMMUNICATIONS COMMISSION synopsis of the Commission’s Report Radio Broadcasting Services; Alva, OK and Order in MM Docket No. 99–215, 47 CFR Part 73 adopted June 28, 2000, and released July AGENCY: Federal Communications [DA 00±1520; MM Docket No. 99±2157; RM± 7, 2000. The full text of this decision is Commission. 9337, RM±9892] available for inspection and copying ACTION: Final rule. during normal business hours in the Radio Broadcasting Services; Mason, FCC’s Reference Information Center at SUMMARY: The Commission, at the Menard and Fredericksburg, TX. Portals II, CY–A257, 445 12th Street, request of Wing-&-a-Prayer Broadcasting SW, Washington, D.C. The complete AGENCY: Federal Communications Company (‘‘petitioner’’), allots Channel text of this decision may also be Commission. 296C3 to Alva, OK, as the community’s purchased from the Commission’s copy fourth local FM service. See 65 FR 4400, ACTION: Final rule. contractor, International Transcription January 27, 2000. A filing window for SUMMARY: At the request of BK Radio, Service, Inc., (202) 857–3800, 1231 20th Channel 296C3 at Alva will not be Jayson and Janice Fritz, Foxcom, Inc., Street, NW, Washington, D.C. 20036. opened at this time. Instead, the issue of and Kent S. Foster, this document allots opening a filing window for this List of Subjects in 47 CFR Part 73 Channel 239C2, Channel 273C2, and channel will be addressed by the Channel 289C2 to Mason, Texas. BK Radio Broadcasting. Commission in a subsequent order. Radio may amend its pending Part 73 of title 47 of the Code of DATES: Effective August 28, 2000. application for Channel 281C2 at Federal Regulations is amended as ADDRESSES: Federal Communications Mason, Texas, to specify operation on follows: Commission, Washington, DC 20554. Channel 239C2 without loss of cut-off protection. Jayson and Janice Fritz may FOR FURTHER INFORMATION CONTACT: PART 73Ð[AMENDED] amend their pending application for Leslie K. Shapiro, Mass Media Bureau, Channel 281C2 at Mason, Texas, to (202) 418–2180. 1. The authority citation for part 73 specify operation on Channel 289C2 continues to read as follows: SUPPLEMENTARY INFORMATION: This is a without loss of cut-off protection. synopsis of the Commission’s Report Foxcom, Inc. may amend its pending Authority: 47 U.S.C. 154, 303, 334, 336. and Order, MM Docket No. 00–7, application for Channel 281C2 at § 73.202 [Amended] adopted July 5, 2000, and released July Mason, Texas, to specify operation on 14, 2000. The full text of this Channel 273C2 without loss of cut-off 2. Section 73.202(b), the Table of FM Commission decision is available for protection. This document also allots Allotments under Texas, is amended by inspection and copying during normal Channel 265C2 to Menard, Texas. See adding Channel 239C2 at Mason. business hours in the FCC Reference 64 FR 33237, published June 22, 1999. Center (Room 239), 445 12th Street, The reference coordinates for the 3. Section 73.202(b), the Table of FM SW., Washington, DC. The complete Channel 265C2 allotment at Menard, Allotments under Texas, is amended by text of this decision may also be Texas, are 30–44–00 and 99–44–00. The adding Channel 289C2 at Mason. purchased from the Commission’s copy reference coordinates for the Channel 4. Section 73.202(b), the Table of FM contractor, International Transcription 239C2 allotment at Mason, Texas, are Allotments under Texas, is amended by Services, Inc., (202) 857–3800, 1231 30–33–24 and 99–25–34. The reference adding Channel 273C2 at Mason. 20th Street, NW., Washington, DC coordinates for the Channel 289C2 20036. allotment at Mason, Texas, are 30–31– 5. Section 73.202(b), the Table of FM List of Subjects in 47 CFR Part 73 40 and 99–07–51. The reference Allotments under Texas, is amended by coordinates for the Channel 273C2 adding Menard, Channel 265C2. Radio broadcasting. allotment at Mason, Texas, are 30–38– Federal Communications Commission. Part 73 of title 47 of the Code of 21 and 99–20–36. The reference John A. Karousos, Federal Regulations is amended as coordinates for the Channel 281C2 follows: allotment at Mason, Texas, are now 30– Chief, Allocations Branch, Policy and Rules 44–55 and 99–13–49. The Division, Mass Media Bureau. PART 73Ð[AMENDED] counterproposal filed by Munbilla [FR Doc. 00–18762 Filed 7–24–00; 8:45 am] Broadcasting to allot Channel 249C2 to BILLING CODE 6712±01±P 1. The authority citation for part 73 Fredricksburg, Texas will not be continues to read as follows: considered in this proceeding because it Authority: 47 U.S.C. 154, 303, 334, 336. required each applicant to amend their

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FEDERAL COMMUNICATIONS § 73.202 [Amended] Center (Room 239), 445 12th Street, SW, COMMISSION 2. Section 73.202(b), the Table of FM Washington, DC. The complete text of Allotments under Utah, is amended by this decision may also be purchased 47 CFR Part 73 adding Fountain Green, Channel 260A from the Commission’s copy contractor, [DA 00±1573; MM Docket No. 99±222; RM± and by removing Channel 256A and International Transcription Services, 9602 and RM±9789] adding Channel 244C1 at Levan. Inc., (202) 857–3800, 1231 20th Street, NW., Washington, DC 20036. Radio Broadcasting Services; Fountain Federal Communications Commission. Green and Levan, UT John A. Karousos, List of Subjects in 47 CFR Part 73 Chief, Allocations Branch, Policy and Rules Radio broadcasting. AGENCY: Federal Communications Division, Mass Media Bureau. Part 73 of title 47 of the Code of Commission. [FR Doc. 00–18759 Filed 7–24–00; 8:45 am] Federal Regulations is amended as ACTION: Final rule. BILLING CODE 6712±01±P follows: SUMMARY: This document allots Channel PART 73Ð[AMENDED] 260A at Fountain Green, Utah, in FEDERAL COMMUNICATIONS response to a petition filed by Mountain COMMISSION 1. The authority citation for part 73 West Broadcasting. See 64 FR 34750, continues to read as follows: June 29, 1999. The coordinates for 47 CFR Part 73 Authority: 47 U.S.C. 154, 303, 334. 336. Channel 260A at Fountain Green are [DA 00±1572; MM Docket No. 99±343; RM± 39–37–42 and 111–38–24. In response 9750, BPED±19990630MB] § 73.202 [Amended] to a counterproposal filed by Micro 2. Section 73.202(b), the Table of FM Communications, Inc. we will substitute Radio Broadcasting Services; Allotments under Georgia, is amended Channel 244C1 for Channel 256A at Elberton, Lavonia and Pendergrass, by removing Channel 221A at Elberton Levan, Utah, and modify the GA and by adding Lavonia, Channel 221A. construction permit for Station KBLN to specify operation on Channel 244C1. AGENCY: Federal Communications Federal Communications Commission. The coordinates for Channel 244C1 at Commission. John A. Karousos, Levan are 39–33–32 and 111–46–55. A ACTION: Final rule. Chief, Allocations Branch, Policy and Rules filing window for Channel 260A at Division, Mass Media Bureau. SUMMARY: The Commission, at the Fountain Green will not be opened at [FR Doc. 00–18758 Filed 7–24–00; 8:45 am] request of Radio Elberton, Inc., reallots this time. Instead, the issue of opening BILLING CODE 6712±01±P Channel 221A from Elberton, GA, to a filing window for this channel will be Lavonia, GA, as the community’s first addressed by the Commission in a local aural service, and modifies Station subsequent order. WWRK–FM’s license accordingly. DEPARTMENT OF COMMERCE DATES: Effective August 28, 2000. Channel 221A can be allotted to Lavonia ADDRESSES: Federal Communications National Oceanic and Atmospheric in compliance with the Commission’s Administration Commission, Washington, D.C. 20554. minimum distance separation FOR FURTHER INFORMATION CONTACT: requirements with a site restriction of 50 CFR Part 679 Kathleen Scheuerle, Mass Media 12.5 kilometers (7.8 miles) west, at Bureau, (202) 418–2180. coordinates 34–27–26 NL; 83–14–27 [Docket No. 000211040±0040±01; I.D. SUPPLEMENTARY INFORMATION: This is a WL, to accommodate petitioner’s 072000A] summary of the Commission’s Report desired transmitter site. This action Fisheries of the Exclusive Economic and Order, MM Docket No. 99–222, found that the public interest was better Zone Off Alaska; Pacific Ocean Perch adopted July 5, 2000, and released July served by the provision of a first local in the Western Aleutian District of the 14, 2000. The full text of this aural service for the more populous Bering Sea and Aleutian Islands Commission decision is available for community of Lavonia than by the inspection and copying during normal mutually exclusive proposal of Waves of AGENCY: National Marine Fisheries business hours in the Commission’s Mercy Productions, Inc., to provide a Service (NMFS), National Oceanic and Reference Center, 445 12th Street, SW, first local aural service on Atmospheric Administration (NOAA), Washington, DC. The complete text of noncommercial educational FM Commerce. this decision may also be purchased Channel 220A at Pendergrass, GA ACTION: Closure. from the Commission’s copy (BPED–1990630MB). See 64 FR 70672, contractors, International Transcription December 17, 1999. SUMMARY: NMFS is prohibiting directed Services, Inc., 1231 20th Street, NW., DATES: Effective August 28, 2000. fishing for Pacific ocean perch in the Washington, DC. 20036, (202) 857–3800, ADDRESSES: Federal Communications Western Aleutian District of the Bering facsimile (202) 857–3805. Commission, Washington, DC 20554 Sea and Aleutian Islands management area (BSAI). This action is necessary to List of Subjects in 47 CFR Part 73 FOR FURTHER INFORMATION CONTACT: prevent exceeding the 2000 total Radio broadcasting. Leslie K. Shapiro, Mass Media Bureau, (202) 418–2180. allowable catch (TAC) of Pacific ocean Part 73 of title 47 of the Code of perch in this area. SUPPLEMENTARY INFORMATION: This is a Federal Regulations is amended as DATES: Effective 1200 hrs, Alaska local follows: synopsis of the Commission’s Report and Order, MM Docket No. 99–343, time (A.l.t.), July 21, 2000, through 2400 hrs, A.l.t., December 31, 2000. PART 73Ð[AMENDED] adopted July 5, 2000, and released July 14, 2000. The full text of this FOR FURTHER INFORMATION CONTACT: 1. The authority citation for part 73 Commission decision is available for Mary Furuness, 907–586–7228. continues to read as follows: inspection and copying during normal SUPPLEMENTARY INFORMATION: NMFS Authority: 47 U.S.C. 154, 303, 334 and 336. business hours in the FCC Reference manages the groundfish fishery in the

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BSAI exclusive economic zone Pacific ocean perch in the Western implemented immediately to prevent according to the Fishery Management Aleutian District will be reached. overharvesting the 2000 TAC of Pacific Plan for the Groundfish Fishery of the Therefore, the Regional Administrator is ocean perch for the Western Aleutian Bering Sea and Aleutian Islands Area establishing a directed fishing District of the BSAI. A delay in the (FMP) prepared by the North Pacific allowance of 4,445 mt, and is setting effective date is impracticable and Fishery Management Council under aside the remaining 800 mt as bycatch contrary to the public interest. Further authority of the Magnuson-Stevens to support other anticipated groundfish delay would only result in overharvest. Fishery Conservation and Management fisheries. In accordance with NMFS finds for good cause that the Act. Regulations governing fishing by § 679.20(d)(1)(iii), the Regional implementation of this action should U.S. vessels in accordance with the FMP Administrator finds that this directed not be delayed for 30 days. Accordingly, appear at subpart H of 50 CFR part 600 fishing allowance has been reached. under 5 U.S.C. 553(d), a delay in the and 50 CFR part 679. Consequently, NMFS is prohibiting effective date is hereby waived. The 2000 TAC of Pacific ocean perch directed fishing for Pacific ocean perch This action is required by § 679.20 for the Western Aleutian District was in the Western Aleutian District of the and is exempt from review under E.O. established as 5,245 metric tons (mt) by BSAI. 12866. the Final 2000 Harvest Specifications of Maximum retainable bycatch amounts Authority: 16 U.S.C. 1801 et seq. Groundfish for the BSAI (65 FR 8282, may be found in the regulations at February 18, 2000). See § 679.20(e) and (f). Dated: July 20, 2000. § 679.20(c)(3)(iii). Rebecca Lent, Classification In accordance with § 679.20(d)(1)(i), Acting Director, Office of Sustainable the Administrator, Alaska Region, This action responds to the best Fisheries, National Marine Fisheries Service. NMFS (Regional Administrator), has available information recently obtained [FR Doc. 00–18747 Filed 7–20–00; 1:46 pm] determined that the 2000 TAC for from the fishery. It must be BILLING CODE 3510±22±F

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Proposed Rules Federal Register Vol. 65, No. 143

Tuesday, July 25, 2000

This section of the FEDERAL REGISTER submissions received will be available reduced price meals or free milk. In fact, contains notices to the public of the proposed for public inspection in Room 1007 at several Federal agencies, such as the issuance of rules and regulations. The the address listed above, during regular Department of Labor and the purpose of these notices is to give interested business hours (8:30 a.m. to 5 p.m.) Department of Education, cite free and persons an opportunity to participate in the Monday through Friday. reduced price meal eligibility as an rule making prior to the adoption of the final rules. FOR FURTHER INFORMATION CONTACT: eligibility criterion for some programs Barbara Semper or Mary Jane Whitney that they administer. Additionally, some at the above address or by telephone at Federal, State, and local education DEPARTMENT OF AGRICULTURE 703–305–2620. programs have requested free and SUPPLEMENTARY INFORMATION: reduced price meal eligibility status to Food and Nutrition Service use for statistical and research purposes. Background FNS recognized that sharing 7 CFR Parts 215, 225, 226, and 245 The Food and Nutrition Service (FNS) information may benefit program RIN 0584±AC21 has had a longstanding policy that the participants and their households. FNS information obtained from children’s issued guidance to determining agencies Special Milk Program for Children, free and reduced price meal or free milk in June 1992 and again in August 1998 Summer Food Service Program, Child applications is confidential. Under this concerning multi-use applications in the and Adult Care Food Program, and policy, the determining agency could NSLP, SBP or SMP. The 1998 guidance Determining Eligibility for Free and only use the information on the also stated that the CACFP could also Reduced Price Meals and Free Milk in application for program purposes. (For use a multi-use application. Using the Schools: Disclosure of Children's the purpose of this preamble, a multi-use application approach, Eligibility Information determining agency means the State households can indicate interest in agency, school food authority, school programs in addition to applying for AGENCY: Food and Nutrition Service, (including a private or charter school), free and reduced price school meals or USDA. child care institution or Summer Food free milk. Determining agencies that ACTION: Proposed rule. Service Program sponsor that makes the choose to use a multi-use application free and reduced price meal or free milk must include a consent statement on the SUMMARY: This proposed rule would eligibility determination.) FNS applied free and reduced price meal and free amend the regulations for the Special this policy to all the Child Nutrition milk application. The consent statement Milk Program for Children, Summer Programs, which include the National lists the programs or uses to which the Food Service Program, Child and Adult School Lunch Program (NSLP), Special household may indicate interest, Care Food Program and the Milk Program for Children (SMP), permits children’s parents or guardians Determination of Eligibility for Free and Summer Food Service Program (SFSP), to limit consent to specified uses or Reduced Price Meals and Free Milk in and the Child and Adult Care Food programs and advises households that Schools to establish new requirements. Program (CACFP). FNS based the policy agreeing to the disclosure of their free These requirements relate to the on sections 9(b)(4) and (5), 11(e), and and reduced price eligibility is not a confidentiality of information about 17(g)(2) of the National School Lunch requirement for participation in the individuals who receive free and Act (NSLA) (42 U.S.C. 1758(b)(4) and child nutrition programs. The parent/ reduced price meals and free milk. The (5), 1759a(e), and 1766(g)(2)). These guardian must sign the consent rule would protect the confidentiality of sections of the NSLA prohibit the overt indicating that they understand that the personal data, but would allow the identification of individuals who are determining agency may share limited disclosure and use of a eligible for free and reduced price meals eligibility information with these participant’s program eligibility or free milk. FNS incorporated the overt programs. The determining agency may information or eligibility status. That identification provision into the also use a consent form separate from information could be used by certain regulations at 7 CFR 215.13a(a) and the free and reduced price application. education, health, and means-tested (d)(3) for the SMP in child-care nutrition programs. The rule reflects the I. What Is a Disclosure and What Is the institutions; 225.6(c)(3)(ii)(C) and (F) for confidentiality provisions of the Healthy Disclosure Statute? the SFSP; 226.23(b) and (c)(3) and (5) Meals for Healthy Americans Act of for the CACFP; and 245.1(b), 245.8(b), Any time information is revealed or 1994. and 245.10(a)(4) for the NSLP, SBP, and used for a purpose other than for the DATES: To be assured of consideration, SMP in schools. The policy permitted purpose for which the information was comments must be postmarked on or the determining agency to disclose only obtained is a disclosure. This is true before November 22, 2000. aggregate information, such as the even when the same agency that ADDRESSES: Address all comments number of children eligible for free and obtained the information is the one concerning this proposed rule to Robert reduced price meals in an individual wishing to use it for another purpose. M. Eadie, Chief, Policy and Program school. However, the determining The term ‘‘disclosure,’’ refers to access, Development Branch, Child Nutrition agency could only disclose other release, or transfer of personal data Division, Food and Nutrition Service, information with the consent of about participants by means of print, USDA, 3101 Park Center Drive, children’s parents or guardians. tape, microfilm, microfiche, and Alexandria, VA 22302. You also may Other programs have had increased electronic communication or other submit comments electronically at interest in access to information about means. In this rule, the data would be [email protected]. All written individuals who are eligible for free and individual children’s free and reduced

VerDate 112000 09:15 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\25JYP1.SGM pfrm04 PsN: 25JYP1 45726 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Proposed Rules price eligibility status or other or both, for unauthorized disclosures of including verification information not information obtained through the free free and reduced price eligibility originating with the free and reduced and reduced price meal or free milk information. price meal application, the same as eligibility process. In the CACFP, this Please note that although the statute information obtained from the free and could also include a participating allows limited disclosure, determining reduced price meal application. All the adult’s eligibility information. agencies are not required by the statute disclosure provisions would apply. As discussed above, determining or by this proposed rulemaking to agencies were previously prohibited disclose eligibility information. This is IV. Why Is There Need for a Proposed from disclosing personal data unless a State and local decision. Rule? they first obtained consent. Section 108 II. What Programs Do the Disclosure The statute is clear regarding of Public Law 103–448, the Healthy Provisions Apply To? disclosure of information to specific Meals for Healthy Americans Act of persons and programs for some uses, but 1994, amended Section 9(b)(2)(C) of the The new disclosure provisions appear not others. For example, there may be NSLA to allow, without consent, limited in the part of the NSLA that pertains to some question as to what constitutes an disclosure of eligibility information the free and reduced price meal education program or who are persons about free and reduced price meal application process for the NSLP. directly connected with the eligibility. The statute authorizes the However, based on FNS practices and administration or enforcement of disclosure of participants’ free and policies dealing with issues in the past programs under the NSLA or CNA. reduced price information obtained and need for consistency among the Also, student privacy and the potential from a free and reduced price meal Child Nutrition Programs, we are for misuse of confidential information application or obtained through direct proposing to apply the confidentiality are issues of concern. Therefore, FNS is certification. Direct certification is the provision to information obtained in all issuing this proposal to invite comment process by which program operators the Child Nutrition Programs including on which persons and programs should determine program eligibility by the SBP, SMP, CACFP, and camps and have access within the structure directly communicating with the enrolled sites in the SFSP. Therefore, provided by the statutory provisions. appropriate State or local agency to this rule would also amend the On December 7, 1998, FNS issued to obtain documentation that an individual regulations for each of these programs. all State agencies guidance on the is a member of a food stamp household The various sections to be amended are disclosure of program eligibility or a family receiving assistance under listed following the discussion of each information under the amendments certain State programs for the issue addressed by this rule. The minor made by Public Law 103–448 to section Temporary Assistance for Needy wording differences necessary to 9(b)(2)(C) of the NSLA. This proposed Families (TANF). The statute authorizes accommodate the terminology for the rule generally reflects the content of the specific programs are not addressed in disclosure to: guidance. However, once a final rule is the preamble. School food authorities, (1) Persons directly connected with published it will supersede the SMP child-care institutions, CACFP the administration or enforcement of the guidance. NSLA or the Child Nutrition Act of 1966 institutions, and SFSP sponsors are (42 U.S.C. 1771 et seq.) (CNA) or a collectively referred to as ‘‘program V. What Information May Be Disclosed regulation enacted under either of those operators’’ in the preamble. Without Consent? Acts; III. Does the Statute Limit the A. Disclosure of Aggregate Information (2) Persons directly connected with Disclosure to Eligibility Information This proposed rule would continue to the administration or enforcement of a That Program Operators Obtain From Federal education program; permit program operators to disclose the Free and Reduced Price Meal or school level aggregate information (e.g., (3) Persons directly connected with Free Milk Application or May Program the administration or enforcement of a numbers of participants eligible for free Operators Disclose Information That meals) that does not individually State health or education program (other They Obtain From Other Sources? than Medicaid) administered by the identify participants to any person or State or local education agency; The statute refers only to the use and program. Program operators are not (4) Persons directly connected with disclosure of information obtained from required to obtain parental consent for the administration or enforcement of a an application for free and reduced this type of disclosure. The authority for Federal, State or local means-tested price meals or through direct disclosure of aggregate information nutrition program with eligibility certification. The statute does not refer would be added to sections standards comparable to the NSLP; to other information concerning 215.13a(g)(2), 225.15(g)(2), 226.23(i)(2), (5) The Comptroller General of the program eligibility, such as information and 245.6(f)(2) by this proposed rule. United States for audit and examination; obtained through verification efforts. State agencies and school food B. Disclosure of Names and Eligibility and Status, As Specified in the Statute (6) Law enforcement officials authorities are required to verify the involved in investigating alleged information on selected free and Section 9(b)(2)(C)(iii)(II) of the NSLA violations of any of these programs. reduced price meal applications for the specifies that information obtained from The statute specifies that certain of NSLP and the CACFP. These the free and reduced price application the persons and programs listed above requirements are in sections 245.6a for and through direct certification may be may have access to participants’ names the NSLP and the SBP and 226.23(h) for disclosed to ‘‘persons directly and eligibility status only, while other the CACFP. Verification may include connected’’ with the administration or persons or programs may have access to obtaining documentation of eligibility enforcement of certain programs. The all eligibility information. Any from the applicant households and statute only explicitly mentions disclosures not authorized by the statute collateral contacts with third parties to eligibility information and does not require the prior consent of parents or confirm information provided by the specifically mention participant’s guardians. The statute also specifies a household. This proposal would expand names. However, while the law does not fine of not more than $1,000 or the statutory provision and treat all mention the disclosure of participants’ imprisonment of not more than 1 year, program eligibility information, names, the eligibility status would be no

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Thus, this proposed education programs. local education agencies evaluating the rule would add sections 215.13a(g)(3), To assist with health insurance results and compliance with student 225.15(g)(3), 226.23(i)(3), and 245.6(f)(3) outreach for children from low-income assessment programs would be covered to permit the disclosure of only the households, FNS included in its only to the extent that the assessment participants’ names and eligibility status prototype application for free and programs were established at the State, to persons directly connected with the reduced price meals, issued August not local level. administration or enforcement of the 1998, a provision under which parents (3) Federal, State or local means- following programs: may consent to the sharing of tested nutrition programs. Section (1) Federal education programs. In information with Medicaid and the 9(b)(2)(C)(iii)(II)(cc) of the NSLA section 9(b)(2)(C)(iii)(II)(aa) of the State Children’s Health Insurance permits the disclosure and use of NSLA, Congress specified that eligibility Program (SCHIP). Subsequently, FNS eligibility status for some other Federal, status may be disclosed to ‘‘persons developed and distributed to State State and local means-tested nutrition directly connected’’ with the agencies several additional prototype programs. These are programs with administration or enforcement of a forms to facilitate the disclosure of eligibility standards comparable to the Federal education program. The law children’s free and reduced price meal NSLP (i.e., a maximum eligibility limit intends that persons directly connected eligibility information, with parental/ of 185 percent of the Federal poverty with a Federal program which provides guardian consent, to identify and enroll level ($30,895 annually for a household academic or vocational educational children in Medicaid and SCHIP. of four for School Year 1999–2000)). benefits to children may have access to However, the Agricultural Risk This would include the Food Stamp a student’s eligibility status for Child Protection Act of 2000, (Public Law Program and some State and local Nutrition Programs. This would include 106–224), enacted on June 20, 2000, means-tested nutrition programs as persons directly responsible for amended Section 9(b)(2)(C) of the NSLP eligible recipients of eligibility status. (42 U.S.C. 1751(b)(2)(C)) to permit administering or enforcing program C. Disclosure of All Eligibility limited disclosure of children’s free and regulations under the Department of Information, As Specified in the Statute reduced price meal eligibility Education. The Department of In addition to names and eligibility Education’s programs are too numerous information to ‘‘a person directly connected with the administration of status, determining agencies may to list, but would include such programs disclose, without consent, any or all as Title I; TRIO Programs; migrant the State medicaid program under title XIX of the Social Security Act (42 U.S.C. information concerning participation, education; educational research including the information obtained from projects, such as the National 1396 et seq.) or the State children’s health insurance program under title the application for free and reduced Assessment of Educational Progress; XXI of that Act (42 U.S.C. 1397aa et price meals or free milk, through direct vocational programs under the Carl D. seq.).’’ The provision is effective certification, or through verification, to Perkins Vocational and Applied October 1, 2000. Additionally, Section the following: Technology Education Act; and 263 of Public Law 106–224 requires that (1) Persons directly connected with enforcement activities, such as program the Secretary promulgate regulations to the administration or enforcement of compliance and civil rights reviews. implement its provisions. FNS will National School Lunch Act or Child The statute allows the disclosure of issue a rule to implement the authority Nutrition Act programs. Section eligibility status to educational to disclose children’s free and reduced 9(b)(2)(C)(iii)(I) permits persons directly programs under the jurisdiction of any price meal eligibility information for connected with the administration or Federal agency, not just the Department State Medicaid and SCHIP purposes as enforcement of the NSLA or CNA to of Education. Therefore, the disclosure a separate implementing rule. In the have access to all information obtained of eligibility status to persons directly interim, FNS continues to partner with from the free and reduced price meal connected to the administration or the Departments of Education and application or direct certification. As enforcement of vocational training Health and Human Services to facilitate discussed above, FNS is proposing to programs under the Department of the enrollment of children in State treat all program eligibility information Labor, such as educational/job training Medicaid and SCHIP. the same as information obtained from programs under the Workforce Currently, there is increased emphasis the application or direct certification. Investment Act (previously the Job on developing comprehensive school Therefore, this rule would permit the Training Partnership Act), and any health programs in recognition of the disclosure of all program eligibility compliance reviews under those contribution proper health and well- information to persons directly programs would fall within the category being make in maximizing educational connected with the administration or of ‘‘Federal education programs.’’ FNS opportunities. State health programs enforcement of the NSLA or CNA. This encourages commenters to provide administered by a State agency or local means that program eligibility specific information about other Federal education agency that may have access information may now be shared, programs that they believe may qualify to participants’ eligibility status, without consent, between Child in this regard. without consent, could include alcohol Nutrition Programs and other programs (2) State health or education and drug abuse education programs, authorized under those Acts. Although, programs (other than Medicaid). In dental, immunization and vision accordingly, eligibility information may section 9(b)(2)(C)(iii)(II)(bb) of the services, and mental health services now be shared with the Special NSLA, Congress specified that eligibility under the sponsorship of the school. Supplemental Nutrition Program for status may be disclosed to ‘‘persons Additionally, Congress included only Women, Infants and Children (WIC), directly connected’’ with the State education programs and Federal this rule in no way affects the sharing administration or enforcement of a State education programs, as previously of information about WIC participants. health or education program discussed. Therefore, no program Information about WIC participants may administered by either a State agency or eligibility information (including names be shared only in accordance with 7 local educational agency. FNS and eligibility status) may be disclosed CFR part 247. This means that program emphasizes that the statute specifies for local education programs without eligibility information may be shared

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Federal, organization, such as Parks and access to information obtained from the State and local reviewers responsible for Recreation, administering a Summer free and reduced price meal application reviewing or auditing compliance with Food Service Program. This provision is or direct certification for audit and the Program regulations may have in sections 215.13a(g)(4)(i), examination. As discussed above, FNS access to program eligibility information 225.15(g)(4)(i), 226.23(i)(4)(i), and is proposing to treat all program for monitoring purposes. Reviews may 245.6(f)(4)(i) of this proposed rule. eligibility information the same as include civil rights reviews to ensure (2) Certain law enforcement officials. information obtained from the that there is no discrimination in the Section 9(b)(2)(C)(iii)(III)(bb) of the application or direct certification. food service, as well as administrative NSLA allows disclosure of all Therefore, this rule would permit the reviews or audits, such as those information obtained from the free and disclosure of all program eligibility conducted under the Coordinated reduced price meal application or direct information to the Comptroller General. Review Effort. Release of free and certification to Federal, State, and local This provision would be added to reduced price eligibility information to law enforcement officials who are sections 215.13a(g)(4)(ii), teachers, cafeteria staff or other persons investigating alleged violations of any of 225.15(g)(4)(ii), 226.23(i)(4)(ii), and who are not involved in any program the programs under the NSLA or CNA 245.6(f)(4)(ii) by this proposed rule. function which would necessitate or any of the programs permitted to VI. Who Are ‘‘Directly Connected knowledge about eligibility would not receive names and eligibility status. As Persons?’’ be entitled to that information. discussed above, FNS is proposing to Additionally, parent organizations The confidentiality provision in the treat all program eligibility information could not have access either, since they NSLA permits disclosure and use of the same as information obtained from would not be involved in the certain program eligibility information the application or direct certification. administration or enforcement of the specifically to ‘‘persons directly Therefore, this rule would permit the program. The intent is to limit connected with the administration or disclosure of all program eligibility disclosure of program eligibility enforcement’’ of various statutes and information, including information information to those who have a ‘‘need obtained through any verification programs. This rule would define ‘‘persons directly connected with the to know’’ program eligibility procedures, to these law enforcement information for proper administration or officials. This provision is in section administration or enforcement’’ as Federal, State, and local program enforcement of the particular program. 215.13a(g)(4)(iii), 225.15(g)(4)(iii), A description of ‘‘persons directly 226.23(i)(4)(iii), and 245.6(f)(4)(iii) of operators responsible for the ongoing operation of the programs or activities connected’’ is included in proposed this proposed rule. sections 215.13a(g)(5), 225.15(g)(6), Thus, this proposal would allow listed in section 9(b)(2)(C) of the NSLA 226.23(i)(6), and 245.6(f)(5). disclosure of any or all program and compliance officials responsible for eligibility information to law monitoring, reviewing, auditing, or VII. For What Purposes May Program enforcement officials investigating investigating a program, who are Eligibility Information Be Used? alleged violations of the Child Nutrition thereby authorized access to children’s Programs and WIC. Also, the proposal free and reduced price eligibility The State agency and program would permit disclosure of this information as a specified function of operator may use program eligibility information to law enforcement officials those activities. It may also include information for administering or who are investigating an alleged contractors or grantees, who act on their enforcing the program for which the violation of a program authorized access behalf. Grantees and contractors, like information was obtained. In addition, to eligibility status under the NSLA. others involved in the administration any other Federal, State or local agency This could be a Federal education and enforcement of a program, may only charged with administering or enforcing program, a State health or education use the information for program the program may use the information for program (other than Medicaid) purposes. that purpose. This provision would be administered by the State or local The statute does not imply that added to §§ 215.13a(g)(6), 225.15(g)(5), education agency, or other Federal, Congress intended that programs or 226.23(i)(5), and 245.6(f)(6). State or local means-tested nutrition individuals have unlimited access to VIII. Who Decides Whether To Disclose programs (such as the Food Stamp free and reduced price eligibility Program Eligibility Information? Program). The statute does not authorize information. Rather, there must be a disclosure of any program eligibility legitimate need to know in order to The agency that makes the free and information (other than aggregate provide a service or carry out an activity reduced price meal or free milk information) to law enforcement authorized under the disclosure determination is the only agency that officials investigating alleged violations provision of section 9(b)(2)(C) of the can decide to disclose program of other programs or laws. For example, NSLA. For example, persons having eligibility information. In most cases, law enforcement officials involved in legitimate access may include the this is the school food authority or child custody cases are not authorized school principal, who has overall school, Summer Food Service Program access under this provision. However, responsibility for specific programs sponsor, or Child and Adult Care Food FNS continues to advise that if the within the school, which are entitled to Program sponsor, but sometimes the request for information is in the form of eligibility information. Additionally, the State agency performs this function. a subpoena issued by a court or other school food service director, cafeteria This provision is at proposed government body possessed of subpoena manager and cafeteria staff, who are §§ 215.13a(g)(1), 225.15(g)(1), power, program operators should seek responsible for determining free and 226.23(i)(1), 245.6(f)(1).

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IX. What If Student Records and Other information reside in the same database a local eye care program, which Systems Are Computerized? where other student information is provides free or low cost eye Many schools are now computerized, maintained. While this rule would not examinations to low income children and individual student information is forbid such arrangement, FNS wishes to may request written permission from often part of a Statewide electronic data emphasize that to comply with this rule, parents/guardians to get their children’s base under the responsibility of the database managers, who may also be free or reduced price meal eligibility State’s Department of Education. The program operators, must restrict access information from their children’s information may also be part of a local to program eligibility information to schools. The eye care program, in this school district data base. Typically, only those individuals and uses case, would be securing from the these databases contain ‘‘directory authorized by statute and regulation. household the consent for the determining agency to release the information,’’ such as student’s name, X. Who Needs To Be Notified or May information to the administering address, phone number, and ‘‘education Give Consent for the Disclosure of agency. records,’’ such as achievement test Program Eligibility Information to In the case of direct certification, scores, grades, special education plans, Other Persons or Programs? school officials or the agency and evaluations. The Department of In general, when eligibility status or administering the food stamp, FDPIR, or Education has regulations restricting other information from the program TANF, as appropriate, may add a access to ‘‘education records,’’ including eligibility information is shared with the consent statement to the notice of those on computerized systems. These persons and/or programs as authorized eligibility for free meals or milk that is regulations are found at 34 CFR part 99. by the NSLA confidentiality provisions, provided to the household. A household Program operators should take note the statute does not require that program interested in obtaining the specified that ‘‘education records’’ do not include operators first obtain consent. However, services or benefits would sign and Child Nutrition Program eligibility FNS believes that households should be return the consent to the school. information. Therefore, the Department informed of any potential disclosure of FNS wishes to emphasize that under of Education regulations do not extend program eligibility information at the this proposed rule, only a parent or to program eligibility information for time of program application. This notice guardian who is part of the household the Child Nutrition Programs. Nor is could be in the notice/letter to or family for program application compliance with the Department of households that accompanies the purposes may provide consent to Education confidentiality regulations application. It could also be on the disclose. In the Child Nutrition sufficient to meet the confidentiality application itself, or, for participants Programs, generally the household or protections in the NSLA. Therefore, directly certified for free meals or milk, family is the group of related or program operators must ensure that to on the document informing the nonrelated individuals, who are not the extent that Child Nutrition Program household of the participant’s eligibility residents of an institution or boarding eligibility information is kept together through direct certification. While FNS house, but who are living as one with other school records, the program recommends that notice be given, FNS economic unit. For adults in the CACFP, operators, who may also be database is not proposing to amend the it is the adult and the adult’s spouse and managers, establish controls to ensure regulations to require the notice. dependent(s) residing with the adult. that the program eligibility information Different requirements apply with (See the definitions of ‘‘family’’ or is used only for the authorized purposes respect to disclosure of social security ‘‘household’’ in 7 CFR 215.2(k) for the and is available only to persons directly numbers as discussed later in this SMP in child-care institutions, 225.2 for connected with the program. preamble. the SFSP, 226.2 for the CACFP, and Access to eligibility information for 245.2 for the SMP in schools and the XI. Consent authorized purposes and to persons SBP and NSLP). Thus, in most cases of directly connected with the program is Determining agencies that want to divorce or separation, this means the of particular concern in computerized disclose more information than that custodial parent or guardian. However, databases. FNS is not proposing any specifically permitted by the NSLA or if custody is shared, the parents or specific methods to ensure compliance for programs not specified in the NSLA guardians must decide who has primary with the NSLA confidentiality provisions must obtain consent prior to custody for purposes of making provisions in these situations. However, the disclosure. For children, the consent application for the program. The parent FNS remains concerned about the extent must be given by the parent or guardian or guardian having such custody would of access to the databases, and ways to who is a member of the household or be the only person who could provide protect program eligibility information family for purposes of the free and consent to disclosure of program from disclosure and use beyond what is reduced price meal or free milk eligibility information. authorized by Congress. Since FNS application. For an adult participant in FNS is concerned about the personal experience in this area is limited, the CACFP, the consent must be given financial data at stake. This information commenters are encouraged to provide by the adult participant, unless a is unlike other student records that their experiences with student databases guardian has been appointed to act for directly concern the education of the in which access restrictions vary the adult. The consent may be child, and in which both parents have according to the sensitivity of the accomplished as part of the free and a direct interest. The program eligibility different data items in the database. An reduced price application, such as on a information in these circumstances is example would be a school district multi-use application, or at a later time. associated with one parent or guardian, database where access to students’ This approach is already authorized by and FNS believes that only that parent academic records is more restricted than the multi-use application guidance or guardian should be able to give is access to students’ class schedules, discussed earlier in the preamble. Also, consent to its disclosure. FNS addresses, and other common the State agency or program operator recognizes that this is a difficult issue information. Comments on this subject may rely on a consent form initiated by and is particularly interested in will aid FNS in determining whether the program or agency that wants to use comments on this point. special controls are necessary in the free and reduced price information. Regardless of the document used to situations in which program eligibility For example, the agency administering secure the consent, officials must

VerDate 112000 09:15 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\25JYP1.SGM pfrm04 PsN: 25JYP1 45730 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Proposed Rules provide the household with adequate 226.23(e)(1)(ii)(F), and 245.6(a)(1). The FNS wishes to ensure that parties information for them to determine only uses currently listed in the receiving program eligibility whether or not to give consent to the regulations and the prototype information (including participants’ proposed disclosure. This rule would application are for the determination names and eligibility status) fully amend §§ 215.13a(g)(9), 225.15(g)(9), and verification of eligibility for understand the limitations on the use of 226.23(i)(9), and 245.6(f)(9) to set the program meals. Any State agency or the information and the penalties for minimum standards for that notice. To program operator that plans to release misusing the information. The be valid, the consent must be in writing. the social security number for other agreement should identify the programs It must identify the information that purposes must amend the Privacy Act and persons receiving the information will be shared, how the information will statement to reflect this. State agencies and describe the information to be be used, and be signed and dated by the and program operators are responsible disclosed and how it will be used. It participant’s parent or guardian (or for ensuring the adequacy of their should also describe how the adult applicant or participant in the Privacy Act statement, and FNS information will be protected from CACFP). It must also state that failing to encourages them to consult with their unauthorized uses and disclosures and sign the consent will not affect the legal counsel. This requirement would describe the penalties for unauthorized participant’s eligibility for the program be added to sections 215.13a(g)(7), disclosure. This provision would be for which application is being made and 225.15(g)(7), 226.23(i)(7), and 245.6(f)(7) added to §§ 215.13a(g)(10), that the information will not be shared by this proposed rule. 225.15(g)(10), 226.23(i)(10), and by the receiving program for other than This rule would also propose to revise 245.6(f)(10). program related reasons. the current Privacy Act notice required XIV. Are There Any Penalties for Parents/guardians/adult applicants in Parts 225, 226, and 245 and would and participants must also be permitted Unauthorized Disclosure or Misuse of propose a new Privacy Act notice Information? to limit the consent to only those requirement for the SMP in child-care programs with which they wish to share institutions to ensure Privacy Act As mandated in the statute, the information. For example, the consent compliance in that program. The proposal includes criminal penalties for could use a check-off system under Privacy Act statements required to be any person who publishes, divulges, which the applicant would check or given at the time of application would discloses or makes known in any initial a box to indicate that he or she each be revised to replace the three manner, or to any extent not authorized wants to have information disclosed to sentences giving detailed descriptions of by Federal law, information disclosed determine eligibility for benefits from a the potential use of the social security under these provisions. The penalties particular program. Finally, the consent number for verification with a more may include a fine of up to $1,000 or must be signed and dated by a parent or general statement that the number will imprisonment of up to 1 year or both. guardian (or adult applicant or be used in the administration and These penalties would be described in participant in the CACFP). Readers enforcement of the program. An §§ 215.13a(g)(11), 225.15(g)(11), should note that although any adult 226.23(i)(11), and 245.6(f)(11) of the household member may sign the free additional Privacy Act notice is required proposed rule. and reduced priced meal or free milk to be given before verification (for those application, the consent must be signed programs subject to verification). That XV. Summary by the parent or guardian for the child, notice would continue to provide the FNS is proposing to amend the Child or by the adult applicant or participant more detailed description on the Nutrition Program regulations to permit in the CACFP or that person’s guardian. potential uses of social security the release of program eligibility Only those persons have the authority to numbers in verification. The sections consent to these disclosures. that would be revised are information that is consistent with the Information may not be disclosed to §§ 225.15(f)(2)(vi), 226.23(e)(1)(ii)(F), revised provisions of the NSLA. FNS’ individuals or programs under any and 245.6(a)(1). The Privacy Act goal is to facilitate the release of free circumstances beyond that authorized requirement for the SMP in child-care and reduced price information to by law or the implementing regulation institutions would be added at section specified programs or individuals, without consent. 215.13a(f). without sacrificing the confidentiality of the individuals or their parents/ XII. What Is Required When Social XIII. Are Agreements Required Before guardians. Disclosing Program Eligibility Security Numbers Are Disclosed? Readers should note that the law does Information? There is no statutory requirement that not require State agencies and program applicants or participants must be Persons and programs to which operators to share information but notified of the potential use of program program eligibility information is provides authority for State agencies eligibility information. However, the disclosed under the statute (see Section and program operators to do so. Also, Privacy Act requires that notice be given I of the preamble), may only use the program operators must continue to of the intended uses of social security information in the administration or prevent the overt identification of numbers. Thus, if a State agency or enforcement of the programs for which children receiving free and reduced program operator intends to release the information was released. The price meals or free milk. This includes social security numbers, either through receiving agency cannot transfer or following such practices as not the disclosures authorized in the NSLA otherwise disclose eligibility publishing, posting or announcing the or with specific parental consent, then information to a third party. This rule names of children eligible for free or section 7(b) of the Privacy Act of 1974 recommends that the determining reduced price meals or free milk. (5 U.S.C. 552a note) requires that notice agency enter into agreements with the Program operators are also prohibited of the planned uses of the social persons or programs receiving the from making children eligible for free security number be given. The easiest information before any disclosures are and reduced price meals or free milk method is to include the planned uses made, including disclosures made with use special serving lines or special in the Privacy Act statement currently consent. This is to ensure proper use of tokens or tickets that are not made required by §§ 225.15(f)(4), the information. available to all students.

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Executive Order 12866 Executive Order 12372 effect if OMB receives it within 30 days of publication. This does not affect the This rule has been determined to be The Special Milk Program, the Summer Food Service Program, and the deadline for the public to comment to significant and was reviewed by the the Department on the proposed Office of Management and Budget under Child and Adult Care Food Program are listed in the Catalog of Federal Domestic regulation. Executive Order 12866. Comments are invited on: (a) Whether Assistance under Nos. 10.556, 10.559, the proposed collection of information Public Law 104–4 and 10.558 respectively. These is necessary for the proper performance programs are subject to the provisions of Title II of the Unfunded Mandates of the functions of the agency, including Reform Act of 1995 (UMRA), Public Executive Order 12372, which requires whether the information has practical Law 104–4, establishes a requirement intergovernmental consultation with utility; (b) the accuracy of the agency’s for Federal agencies to assess the effects State and local officials (7 CFR part estimate of the proposed collection of of their regulatory actions on State, 3015, subpart V, and final rule related information, including the validity of local, and tribal governments and the notice at 48 FR 29115, June 24, 1983). the methodology and assumptions used; private sector. Under section 202 of the Executive Order 12988 (c) ways to enhance the quality, utility, UMRA, the Food and Nutrition Service and clarity of the information to be This proposed rule has been reviewed generally prepares a written statement, collected; and (d) ways to minimize the under Executive Order 12988, Civil including a cost-benefit analysis. This is burden of the collection of information Justice Reform. It is intended to have done for proposed and final rules that on those who are to respond, including preemptive effect with respect to any have ‘‘Federal mandates’’ which may through the use of appropriate State or local laws, regulations or result in expenditures of $100 million or automated, electronic, mechanical, or policies which conflict with its more in any one year by State, local, or other technological collection provisions or which would impede its tribal governments, in the aggregate, or techniques or other forms of information full implementation. This rule is not by the private sector. When this technology. intended to have retroactive effect statement is needed for a rule, section The title, description, and respondent unless that is specified in the Effective 205 of the UMRA generally requires the description of the information Date section of the preamble of the final Food and Nutrition Service to identify collections are shown below with an rule. Before any judicial challenge to the and consider a reasonable number of estimate of the annual recordkeeping provisions of this rule or the application regulatory alternatives. It must then burdens. Included in the estimate is the of its provisions, all administrative adopt the least costly, most cost- time for reviewing instructions, procedures that apply must be followed. effective or least burdensome alternative searching existing data sources, The only administrative appeal that achieves the objectives of the rule. gathering and maintaining the data procedures relevant to this proposed needed, and completing and reviewing This proposed rule contains no rule are the hearings that FNS must Federal mandates of $100 million or the collection of information. provide for decisions relating to Title: 7 CFR Part 215, Special Milk more in any one year (under regulatory eligibility for free and reduced price Program; 7 CFR Part 225 Summer Food provisions of Title II of the UMRA) for meals and free milk (section 245.7 for Service Program; 7 CFR Part 226, Child State, local, and tribal governments or the NSLP, SBP, and SMP in schools; and Adult Care Food Program; 7 CFR the private sector. Thus, this proposed section 226.23(e)(5) for the CACFP). Part 245 Determining Eligibility for Free rule is not subject to the requirements and Reduced Price Meals and Free Milk of sections 202 and 205 of the UMRA. Paperwork Reduction Act in Schools. Regulatory Flexibility Act In accordance with the Paperwork OMB Number: 0584–0005, 0584– Reduction Act of 1995, 44 U.S.C. 3507, 0280, 0584–0055 and 0584–0026, This proposed rule has been reviewed this notice invites the general public respectively. with regard to the requirements of the and other public agencies to comment Expiration Date: 8/31/02, 2/28/03, 5/ Regulatory Flexibility Act (5 U.S.C. on proposed information collection. 31/01, and 9/30/01, respectively. 601–612). Shirley R. Watkins, Under Written comments must be received Type of Request: Revision of currently Secretary for Food, Nutrition and on or before September 25, 2000. approved collection. Consumer Services, has certified that Comments concerning the Abstract: Under this proposal, this rule will not have a significant information collection aspects of this determining agencies may disclose economic impact on a substantial proposed rule should be sent to Brenda applicants’ names and eligibility, number of small entities. By permitting Aguilar, Desk Officer, Office of without consent, to persons directly access to certain eligibility information, Information and Regulatory Affairs, connected with the administration or this rule could reduce duplicate Office of Management and Budget enforcement of the following programs: paperwork by certain agencies which (OMB), Washington, DC. 20503. A copy Federal education programs; State serve low-income children and adults. of these comments may also be sent to health and State education programs The rule could streamline operations of Mr. Eadie at the address listed in the administered by the State or local those programs. The provisions of this ADDRESSES section of this preamble. education agency; Federal, State, or rule also may enhance access to these Commenters are asked to separate their local means-tested nutrition programs programs by needy children. The information collection requirements with eligibility standards comparable to Department of Agriculture (the comments from their comments on the the Child Nutrition Programs (i.e., food Department or USDA) does not remainder of this proposed rule. assistance to households with income at anticipate any adverse fiscal impact OMB is required to make a decision or below 185 percent of the Federal resulting from implementation of this concerning the collection of information poverty level). Additionally, State rulemaking. Although there may be contained in this proposed regulation agencies and program operators may some burdens associated with this rule, between 30 and 60 days after the disclose all other eligibility information the burdens would not be significant publication of this document in the obtained through the free and reduced and would be outweighed by the Federal Register. Therefore, a comment price meal or free milk eligibility benefits of sharing of information. to OMB is best assured of having its full process (including all information on

VerDate 112000 09:15 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\25JYP1.SGM pfrm04 PsN: 25JYP1 45732 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Proposed Rules the application or obtained through violations of any of the programs institutions that intend to disclose direct certification or verification), authorized access to names and free and participants eligibility information. The without consent, to the following: reduced price meal or free milk rule recommends (1) that these entities Persons directly connected with the eligibility information. Disclosing any inform potential participants that their administration or enforcement of the free and reduced price meal or free milk eligibility information may be shared programs authorized under the NSLA eligibility information to individuals with other entities; and (2) that there is and CNA; the Comptroller General of and programs not authorized under the an agreement between the State agency, the United States for audit and statute requires written consent. The school food authority, SMP child-care examination; and Federal, State or local proposed rule makes several institution, SFSP sponsor, or CACFP law enforcement officials investigating recommendations to State agency, institution and the entity that is alleged violations of the programs under school food authority, SMP child-care requesting the program eligibility the NSLA and CNA or investigating institution, SFSP sponsor, or CACFP information.

ESTIMATED ANNUAL RECORDKEEPING AND REPORTING BURDEN

Annual Average bur- Section number of Annual fre- den per re- Annual bur- respondents quency sponse den hours

State agency or child care institution should enter into a written agreement with the party requesting the information: Total Existing State agencies ...... 7 CFR 215.13a(g)(10) ...... 0 0 0 0 Total Proposed State agencies ...... 7 CFR 215.13a(g)(10) ...... 57 1 .50 29 Total Existing Child Care Institutions ...... 7 CFR 215.13a(g)(10) ...... 0 0 0 0 Total Proposed Child Care Institutions ...... 7 CFR 215.13a(g)(10) ...... 207 1 .25 52 State agency and child care institution must give no- tice of any additional uses of the social security number: Total Existing State agencies ...... 7 CFR 215.13a(g)(7) ...... 0 0 0 0 Total Proposed State agencies ...... 7 CFR 215.13a(g)(7) ...... 57 1 .32 18 Total Existing Child Care Institutions ...... 7 CFR 215.13a(g)(7) ...... 0 0 0 0 Total Proposed Child Care Institutions ...... 7 CFR 215.13a(g)(7) ...... 207 1 .16 33 Child care institutions that plan to use or disclose in- formation in ways not permitted must first obtain written consent from the child's parent or guardian: Total Existing Child Care Institutions ...... 7 CFR 215.13a(g)(9) ...... 0 0 0 0 Total Proposed Child Care Institutions ...... 7 CFR 215.13a(g)(9) ...... 207 1 .07 14 Total Existing Household ...... 7 CFR 215.13a(g)(9) ...... 0 0 0 0 Total Proposed Household ...... 7 CFR 215.13a(g)(9) ...... 14,006 1 .07 980 Total Existing: 0. Total Proposed: +1,126. Change: +1,126. State agency or sponsor should enter into a written agreement with the party requesting the informa- tion: Total Existing State Agency ...... 7 CFR 225.15(g)(10) ...... 0 0 0 0 Total Proposed State Agency ...... 7 CFR 225.15(g)(10) ...... 49 1 .25 12 Total Existing Sponsor ...... 7 CFR 225.15(g)(10) ...... 0 0 0 0 Total Proposed Sponsor ...... 7 CFR 225.15(g)(10) ...... 3,309 1 .25 827 State agency or sponsors must give notice of any ad- ditional uses of the social security number: Total Existing State Agencies ...... 7 CFR 225.13(g)(7) ...... 0 0 0 0 Total Proposed State Agencies ...... 7 CFR 225.13(g)(7) ...... 49 1 .16 8 Total Existing Sponsors ...... 7 CFR 225.13(g)(7) ...... 0 0 0 0 Total Proposed Sponsors ...... 7 CFR 225.13(g)(7) ...... 3,309 1 .16 529 State agencies and sponsors that plan to use or dis- close information in ways not permitted must first obtain written consent from the child's parent or guardian: Total Existing State Agency ...... 7 CFR 225.15(g)(9) ...... 0 0 0 0 Total Proposed State Agency ...... 7 CFR 225.15(g)(9) ...... 49 1 .25 12 Total Existing Sponsors ...... 7 CFR 225.15(g)(9) ...... 0 0 0 0 Total Proposed Sponsors ...... 7 CFR 225.15(g)(9) ...... 3,309 1 .25 827 Total Existing Household ...... 7 CFR 225.15(g)(9) ...... 0 0 0 0 Total Proposed Household ...... 7 CFR 225.15(g)(9) ...... 72,864 1 .083 6,047 Total Existing: 0. Total Proposed: +8,262. Change: +8,262. State agency or child care institution should enter into a written agreement with the party requesting the information: Total Existing State Agency ...... 7 CFR 226.23(i)(10) ...... 0 0 0 0 Total Proposed State Agency ...... 7 CFR 226.23(i)(10) ...... 54 1 .25 13

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ESTIMATED ANNUAL RECORDKEEPING AND REPORTING BURDENÐContinued

Annual Average bur- Section number of Annual fre- den per re- Annual bur- respondents quency sponse den hours

Total Existing Child and Adult Day Care Institu- 7 CFR 226.23(i)(10) ...... 0 0 0 0 tions. Total Proposed Child and Adult Day Care Institu- 7 CFR 226.23(i)(10) ...... 10,144 1 .25 2,536 tions. State agencies and child care institution must give no- tice of any additional uses of the social security number: Total Existing State Agency ...... 7 CFR 226.23(i)(10) ...... 0 0 0 0 Total Proposed State Agency ...... 7 CFR 226.23(i)(10) ...... 54 1 .25 13 Total Existing Child Care Institutions ...... 7 CFR 226.13(g)(7) ...... 0 0 0 0 Total Proposed Child Care Institutions ...... 7 CFR 226.13(g)(7) ...... 10,144 1 .16 1,623 State agencies and child care institutions that plan to use or disclose information in ways not permitted must first obtain written consent from the child's parent or guardian: Total Existing State Agency ...... 7 CFR 226.23(i)(9) ...... 0 0 0 0 Total Proposed State Agency ...... 7 CFR 226.23(i)(9) ...... 54 1 .25 13 Total Existing Child and Adult Day Care Institu- 7 CFR 226.23(i)(9) ...... 0 0 0 0 tion. Total Proposed Child and Adult Day Care Institu- 7 CFR 226.23(i)(9) ...... 10,144 1 .25 2,536 tion. Total Existing Household ...... 7 CFR 226.23(i)(9) ...... 0 0 0 0 Total Proposed Household ...... 7 CFR 226.23(i)(9) ...... 687,562 1 .083 57,067 Total Existing: 0. Total Proposed: +63,801. Change: +63,801. State agency, SFA, or school should enter into a writ- ten agreement with the party requesting the infor- mation: Total Existing State Agency ...... 7 CFR 245.6(f)(10) ...... 0 0 0 0 Total Proposed State Agency ...... 7 CFR 245.6(f)(10) ...... 58 1 .25 14 Total Existing School Food Authorities ...... 7 CFR 245.6(f)(10) ...... 0 0 0 0 Total Proposed School Food Authorities ...... 7 CFR 245.6(f)(10) ...... 16,342 3 .25 12,256 Total Existing Schools ...... 7 CFR 245.6(f)(10) ...... 0 0 0 0 Total Proposed Schools ...... 7 CFR 245.6(f)(10) ...... 101,000 3 .25 75,750 State agencies, SFA, or school must give notice of any additional uses of the social security number: Total Existing State Agencies ...... 7 CFR 245.6(f)(7) ...... 0 0 0 0 Total Proposed State Agencies ...... 7 CFR 245.6(f)(7) ...... 58 1 .16 9 Total Existing School Food Authorities ...... 7 CFR 245.6(f)(7) ...... 0 0 0 0 Total Proposed School Food Authorities ...... 7 CFR 245.6(f)(7) ...... 16,342 3 .25 12,256 Total Existing Schools ...... 7 CFR 245.6(f)(7) ...... 0 0 0 0 Total Proposed Schools ...... 7 CFR 245.6(f)(7) ...... 101,000 3 .25 75,750 State agencies, SFAs, and schools that plan to use or disclose information in ways not permitted must first obtain written consent from the child's parent or guardian: Total Existing State Agency ...... 7 CFR 245.6(f)(9) ...... 0 0 0 0 Total Proposed State Agency ...... 7 CFR 245.6(f)(9) ...... 58 1 .25 14 Total Existing School Food Authority ...... 7 CFR 245.6(f)(9) ...... 0 0 0 0 Total Proposed School Food Authority ...... 7 CFR 245.6(f)(9) ...... 16,342 3 .25 12,256 Total Existing School ...... 7 CFR 245.6(f)(9) ...... 0 0 0 0 Total Proposed School ...... 7 CFR 245.6(f)(9) ...... 101,000 3 .25 75,750 Total Existing Household ...... 7 CFR 245.6(f)(9) ...... 0 0 0 0 Total Proposed Household ...... 7 CFR 245.6(f)(9) ...... 4,138,810 1 .07 289,716 Total Existing: 0. Total Proposed: +553,771. Change: +553,771.

List of Subjects 7 CFR Part 225 7 CFR Part 226 7 CFR Part 215 Food assistance programs, Grant Accounting, Aged, Day care, Food programs—health, Infants and children, assistance programs, Grant programs, Food assistance programs, Grant Labeling, Reporting and recordkeeping Grant programs—health, Indians, programs—education, Grant programs— health, Infants and children, Milk, requirements. Individuals with disabilities, Infants Reporting and recordkeeping and children, Intergovernmental requirements. relations, Loan programs, Reporting and

VerDate 112000 09:15 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\25JYP1.SGM pfrm04 PsN: 25JYP1 45734 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Proposed Rules recordkeeping requirements, Surplus (2) To whom may the State agency or (ii) The Comptroller General of the agricultural commodities. child care institution disclose aggregate United States for purposes of audit and information? The State agency or child examination; and 7 CFR Part 245 care institution, as appropriate, may (iii) Federal, State, and local law Civil rights, Food assistance disclose aggregate information to any enforcement officials for the purpose of programs, Grant programs—education, party. Parental consent is not necessary, investigating any alleged violation of the Grant programs—health, Infants and since children are not identified. For programs listed in paragraphs (g)(3) and children, Milk, Reporting and example, the State agency or child care (g)(4) of this section. recordkeeping requirements, School institution may disclose aggregate (5) For what purposes may program breakfast and lunch programs. information, that is the number of eligibility information be used? State Accordingly, 7 CFR parts 215, 225, children eligible for free milk, but not agencies and child-care institutions may 226, and 245 are proposed to be children’s names. use program eligibility information for administering or enforcing the program. amended as follows: (3) To whom may the State agency or Additionally, any other Federal, State, child care institution disclose PART 215ÐSPECIAL MILK PROGRAM or local agency charged with participants’ names and eligibility FOR CHILDREN administering or enforcing the program status, without consent? The State may use the information for that 1. The authority citation for part 215 agency or child care institution, as purpose. Individuals and programs to is revised to read as follows: appropriate, may disclose, without which program eligibility information is parental consent, children’s names and Authority: 42 U.S.C. 1772 and 1779. disclosed under this section may only eligibility status (whether they are 2. In § 215.13a, new paragraphs (f) use the information in the eligible for free milk) to persons directly and (g) are added to read as follows: administration or enforcement of the connected with the administration or receiving program. No further disclosure § 215.13a Determining eligibility for free enforcement of the following programs: of the information may be made. milk in child-care institutions. (i) A Federal education program; (6) Who are ‘‘directly connected’’ * * * * * (ii) A State health program (other than persons? Persons directly connected (f) Is a Privacy Act notice required on Medicaid) or State education program with the administration or enforcement the free milk application? Each free milk administered by the State or local of a program are the Federal, State, and application must include substantially education agency; or local program operators responsible for the following statement: ‘‘Unless you (iii) A Federal, State, or local means- program compliance, including their include your child’s case number for the tested nutrition program with eligibility contractors, to the extent those persons Food Stamp Program, the Food standards comparable to the National have a need to know the information for Distribution Program on Indian School Lunch Program (i.e., food program administration or enforcement. Reservations (or other identifier for the assistance programs for households with Program operators include persons Food Distribution Program on Indian incomes at or below 185 percent of the responsible for the ongoing operation of Reservations) or the Temporary Federal poverty level). the program. Compliance officials Assistance for Needy Families Program, include persons responsible for you must include the social security (4) To whom may the State agency or monitoring, reviewing, auditing, or number of the adult household member child care institution disclose all investigating the program. Contractors signing the application or indicate that eligibility information, without consent? include evaluators, auditors, and others the household member does not have a In addition to children’s names and with whom State agencies and program social security number. This is required eligibility status, the State agency or operators may contract to assist in the by section 9 of the National School child care institution, as appropriate, administration or enforcement of their Lunch Act. The social security number may disclose, without parental consent, program. is not mandatory, but the application all eligibility information obtained (7) May social security numbers be cannot be approved if a social security through the free milk eligibility process disclosed? The State agency or child number is not given or an indication is (including all information on the care institution, as appropriate, may not made that the signer does not have application or obtained through direct disclose social security numbers to any a social security number. The social certification or any verification of programs or persons authorized to security number will be used in the eligibility efforts) to the following: receive all program eligibility administration and enforcement of the (i) Persons directly connected with information under paragraph (g)(4) of program.’’ the administration or enforcement of this section or when consent is (g) May program eligibility programs authorized under the National obtained. However State agencies and information be used for non-program School Lunch Act or the Child Nutrition child care institutions that plan to purposes or disclosed to other Act of 1966. This means that all disclose social security numbers must individuals or programs? Certain eligibility information obtained for the give notice of the planned use of the information about children eligible for Special Milk Program may be disclosed social security number. This notice free milk may be disclosed to the to persons directly connected with must be in accordance with section 7(b) individuals and programs described in administering or enforcing regulations of the Privacy Act of 1974 (5 U.S.C. 552a this section. Additionally, program under the National School Lunch or note). The application must include eligibility information may be disclosed School Breakfast Programs (parts 210 substantially the following language for to other people and programs if parental and 220, respectively, of this chapter), disclosures of social security numbers consent is given. Child and Adult Care Food Program under paragraph (g)(4) of this section: (1) Who decides whether to disclose (part 226 of this chapter), Summer Food ‘‘The social security number may also program eligibility information? The Service Program (part 225 of this be disclosed to programs under the State agency or child care institution chapter) and the Special Supplemental National School Lunch Act and Child that determines free milk eligibility is Nutrition Program for Women, Infants Nutrition Act, the Comptroller General responsible for deciding whether to and Children (WIC) (part 246 of this of the United States, and law disclose program eligibility information. chapter); enforcement officials for the purpose of

VerDate 112000 09:15 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\25JYP1.SGM pfrm04 PsN: 25JYP1 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Proposed Rules 45735 investigating violations of certain (iii) Describe how the information eligible for free meals) to persons Federal, State, and local education, will be protected from unauthorized directly connected with the health and nutrition programs.’’ This uses and disclosures and include the administration or enforcement of the language is in addition to the notice penalties for using the information for following programs: required in paragraph (f) of this section. unauthorized purposes; and (i) A Federal education program; State agencies and child care (iv) Be signed by both the determining (ii) A State health program (other than institutions are responsible for drafting agency and the receiving party. Medicaid) or State education program the appropriate notice for disclosures of (11) What are the penalties for administered by the State or local social security numbers under the unauthorized disclosure or misuse of education agency; or consent provisions of paragraph (g)(10) information? Any individual who (iii) A Federal, State, or local means- of this section. publishes, divulges, discloses or makes tested nutrition program with eligibility (8) When is parental consent known in any manner, or to any extent standards comparable to the National required? State agencies and child care not authorized by statute or the School Lunch Program (i.e., food institutions that plan to use or disclose regulations in this part, any information assistance programs for households with information about children eligible for obtained under this paragraph (g) will incomes at or below 185 percent of the free milk in ways not specified in this be fined up to $1,000 or imprisoned for Federal poverty level). (4) To whom may the State agency or section must obtain written consent up to 1 year, or both. sponsor disclose all eligibility from the child’s parent or guardian prior information, without parental consent? to the use or disclosure. PART 225ÐSUMMER FOOD SERVICE PROGRAM In addition to children’s names and (9) Who may give consent for the eligibility status, the State agency or disclosure of program eligibility 1. The authority citation for part 225 sponsor may disclose, without parental information to other programs or continues to read as follows: consent, all eligibility information persons? Only a parent or guardian who Authority: Secs. 9, 13, and 14, National obtained through the free meal is a member of the child’s household for School Lunch Act, as amended (42 U.S.C. eligibility process (including all purposes of the free milk application 1758, 1761, and 1762a). information on the application or may give consent to the disclosure of obtained through direct certification or program eligibility information. The 2. In § 225.15, redesignate paragraphs (g) and (h) as paragraphs (h) and (i) and any verification of eligibility efforts) to consent must identify the information the following: that will be shared and how the add a new paragraph (g). The addition reads as follows: (i) Persons directly connected with information will be used. Additionally, the administration or enforcement of the consent statement must be signed § 225.15 Management responsibilities of programs authorized under the National and dated by the child’s parent or sponsors. School Lunch Act (NSLA) or the Child guardian who is a member of the * * * * * Nutrition Act of 1966 (CNA). This household for purposes of the free milk (g) May program eligibility means that all eligibility information application. There must be a statement information be used for non-program obtained for the Summer Food Service informing parents and guardians that purposes or disclosed to other Program may be disclosed to persons failing to sign the consent will not affect individuals or programs? Certain directly connected with administering the child’s eligibility for free milk and information about children eligible for or enforcing regulations under the that the individuals or programs free meals may be disclosed to the Special Milk Program (part 215 of this receiving the information will not share individuals and programs described in chapter), the National School Lunch or the information with any other entity or this section. Additionally, program School Breakfast Programs (parts 210 program. Parents/guardians must also be eligibility information may be disclosed and 220, respectively, of this chapter), permitted to limit the consent to only to other individuals and programs if Child and Adult Care Food Program these programs with which they wish to parental consent is given. (part 226 of this chapter), and the share information. (1) Who decides whether to disclose Special Supplemental Nutrition (10) Are agreements required before program eligibility information? The Program for Women, Infants and disclosing program eligibility State agency or sponsor that determines Children (WIC) (part 246 of this information? Agreements between the free meal eligibility is responsible for chapter); State agency or child care institution, as deciding whether to disclose program (ii) The Comptroller General of the appropriate, and the individual or eligibility information. United States for purposes of audit and program receiving the information are (2) To whom may the State agency or examination; and not required. However, agreements are sponsor disclose aggregate information? (iii) Federal, State, and local law recommended. Before disclosing any The State agency or sponsor, as enforcement officials for the purpose of information, the State agency or child appropriate, may disclose aggregate investigating any alleged violation of the care institution should enter into a information to any party. Parental programs listed in paragraphs (g)(3) and written agreement with the party consent is not necessary, since children (g)(4) of this section. requesting the information. An are not identified. For example, the (5) For what purposes may program agreement is not necessary for State agency or sponsor may disclose eligibility information be used? State disclosures to Federal, State or local aggregate information, that is the agencies and sponsors may use program agencies evaluating or reviewing number of children eligible for free and eligibility information for administering program operations or for disclosures to reduced price meals, but not children’s or enforcing the program. Additionally, the Comptroller General. The agreement names. any other Federal, State, or local agency should: (3) To whom may the State agency or charged with administering or enforcing (i) Identify the programs or persons sponsor disclose participants’ names the program may use the information for receiving the information; and eligibility status? The State agency that purpose. Individuals and programs (ii) Describe the information to be or sponsor may disclose, without to which program eligibility information disclosed and how the information will parental consent, children’s names and is disclosed under this section may only be used; eligibility status (whether they are use the information in the

VerDate 112000 09:15 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\25JYP1.SGM pfrm04 PsN: 25JYP1 45736 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Proposed Rules administration or enforcement of the is a member of the child’s household for Authority: Secs. 9, 11, 14, 16 and 17, receiving program. No further disclosure purposes of the free meal application National School Lunch Act, as amended (42 of the information may be made. may give consent to the disclosure of U.S.C. 1758, 1759a, 1762a, 1765, and 1766). (6) Who are ‘‘directly connected’’ program eligibility information. The 2. In § 226.23, persons? Persons directly connected consent must identify the information a. Paragraph (e)(1)(ii)(F) is revised; with the administration or enforcement that will be shared and how the and of a program are the Federal, State, and information will be used. Additionally, b. A new paragraph (i) is added. local program operators responsible for the consent statement must be signed The revision and addition read as program compliance, including their and dated by the child’s parent or follows: contractors, to the extent those persons guardian who is a member of the § 226.23 Free and reduced-price meals. have a need to know the information for household for purposes of the free and * * * * * program administration. Program reduced price meal application. There operators include persons responsible (e)(1)*** must be a statement informing parents (ii)*** for the ongoing operation of the and guardians that failing to sign the (F) A statement that includes program. Compliance officials include consent will not affect the child’s substantially the following information: persons responsible for monitoring, eligibility for free meals and that the ‘‘Unless you include your child’s case reviewing, auditing, or investigating the individuals or programs receiving the number for the Food Stamp Program, program. Contractors include information will not share the the Food Distribution Program on evaluators, auditors, and others with information with any other entity or Indian Reservations (or other identifier whom State agencies and program program. Parents/guardians must also be for the Food Distribution Program on operators may contract to assist in the permitted to limit the consent to only Indian Reservations) or the Temporary administration or enforcement of their these programs with which they wish to Assistance for Needy Families Program, program. share information. you must include the social security (7) May social security numbers be (10) Are agreements required before disclosed? The State agency or sponsor number of the adult household member disclosing program eligibility signing the application or indicate that may disclose social security numbers to information? Agreements between the any programs or persons authorized to the household member does not have a State agency or sponsor and the social security number. This is required receive all program eligibility individual or program receiving the information under paragraph (g)(4) of by section 9 of the National School information are not required. However, Lunch Act. The social security number this section or when consent is agreements are recommended. Before obtained. However State agencies or is not mandatory, but the application disclosing any information, the State cannot be approved if a social security sponsors that plan to disclose social agency or sponsor should enter into a security numbers must give notice of the number is not given or an indication is written agreement with the party not made that the signer does not have planned use of the social security requesting the information. An number. This notice must be in a social security number. The social agreement is not necessary for security number will be used in the accordance with section 7(b) of the disclosures to Federal, State or local Privacy Act of 1974 (5 U.S.C. 552a note). administration and enforcement of the agencies evaluating or reviewing program.’’ State agencies and The application must include program operations or for disclosures to substantially the following language for institutions must ensure that the notice the Comptroller General. The agreement disclosures of social security numbers complies with section 7(b) of the should: under paragraph (g)(4) of this section: Privacy Act of 1974 (5 U.S.C. 552a note); (i) Identify the programs or persons and ‘‘The social security number may also receiving the information; be disclosed to programs under the (ii) Describe the information to be * * * * * (i) May program eligibility National School Lunch Act and Child disclosed and how the information will information be used for non-program Nutrition Act, the Comptroller General be used; of the United States, and law (iii) Describe how the information purposes or disclosed to other enforcement officials for the purpose of will be protected from unauthorized individuals or programs? Certain investigating violations of certain uses and disclosures and include the information about children eligible for Federal, State, and local education, penalties for using the information for free and reduced price meals may be health and nutrition programs.’’ This unauthorized purposes; and disclosed to the individuals and language is in addition to the notice (iv) Be signed by both the determining programs described in this section. required in paragraph (f) of this section. agency and the receiving party. Additionally, program eligibility Determining agencies are responsible for (11) What are the penalties for information may be disclosed to other drafting the appropriate notice for unauthorized disclosure or misuse of people and programs if parental consent disclosures of social security numbers information? Any individual who is given. under the consent provisions of publishes, divulges, discloses or makes (1) Who decides whether to disclose paragraph (g)(10) of this section. known in any manner, or to any extent program eligibility information? The (8) When is parental consent not authorized by statute or the State agency or institution that makes required? State agencies and sponsors regulations in this part, any information the free and reduced price meal that plan to use or disclose information obtained under this paragraph (g) will determination is responsible for about children eligible for free milk in be fined up to $1,000 or imprisoned for deciding whether to disclose program ways not specified in this section must up to 1 year, or both. eligibility information. obtain written consent from the child’s (2) To whom may the State agency or parent or guardian prior to the use or * * * * * institution disclose aggregate disclosure. PART 226ÐCHILD AND ADULT CARE information? The State agency or (9) Who may give consent for the FOOD PROGRAM institution may disclose aggregate disclosure of program eligibility information to any party. Parental information to other programs or 1. The authority citation for part 226 consent is not necessary, since children persons? Only a parent or guardian who continues to read as follows: are not identified. For example, the

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State agency or institution may disclose (5) For what purposes may program consent provisions of paragraph (i)(10) aggregate information, that is the eligibility information be used? State of this section. number of children eligible for free and agencies and institutions may use (8) When is parental consent reduced price meals, but not children’s program eligibility information for required? State agencies and child care names. administering or enforcing the program. institutions that plan to use or disclose (3) To whom may the State agency or Additionally, any other Federal, State, information about children or adults institution disclose participants’ names or local agency charged with eligible for free and reduced price meals and eligibility status? The State agency administering or enforcing the program in ways not specified in this section or institution may disclose, without may use the information for that must obtain written consent from the parental consent, children’s names and purpose. Individuals and programs to child’s parent or guardian or the adult eligibility status (whether they are which program eligibility information is participant or guardian prior to the use eligible for free or reduced price meals) disclosed under this section may only or disclosure. to persons directly connected with the use the information in the (9) Who may give consent for the administration or enforcement of the administration or enforcement of the disclosure of program eligibility following programs: receiving program. No further disclosure information to other programs or (i) A Federal education program; of the information may be made. persons? Only a parent or guardian who (ii) A State health program (other than (6) Who are ‘‘directly connected’’ is a member of the child’s household for Medicaid) or State education program persons? Persons directly connected purposes of the free or reduced price administered by the State or local with the administration or enforcement meal application may give consent to education agency; or of a program are the Federal, State, and the disclosure of program eligibility information. The consent must identify (iii) A Federal, State, or local means- local program operators responsible for the information that will be shared and tested nutrition program with eligibility program compliance, including their how the information will be used. standards comparable to the National contractors, to the extent those persons Additionally, the consent statement School Lunch Program (i.e., food have a need to know the information for must be signed and dated by the child’s assistance programs for households with program administration. Program parent or guardian who is a member of incomes at or below 185 percent of the operators include persons responsible for the ongoing operation of the the household for purposes of the free Federal poverty level). program. Compliance officials include and reduced price meal application. (4) To whom may the State agency or persons responsible for monitoring, There must be a statement informing institution disclose all eligibility reviewing, auditing, or investigating the parents and guardians that failing to information, without parental consent? program. Contractors include sign the consent will not affect the In addition to children’s names and evaluators, auditors, and others with child’s eligibility for free and reduced eligibility status, the State agency or whom State agencies and program price meals and that the individuals or institution may disclose, without operators may contract to assist in the programs receiving the information will parental consent, all eligibility administration or enforcement of their not share the information with any other information obtained through the free program. entity or program. Parents/guardians and reduced price meal eligibility (7) May social security numbers be must also be permitted to limit the process (including all information on disclosed? The State agency or consent to only these programs with the application or obtained through institution may disclose social security which they wish to share information. direct certification or any verification of numbers to any programs or persons For an adult applicant or participant in eligibility efforts) to the following: authorized to receive all program the CACFP, the consent must be given (i) Persons directly connected with eligibility information under paragraph and signed by the adult applicant or the administration or enforcement of (i)(4) of this section or when consent is participant, unless a guardian has been programs authorized under the National obtained. However, State agencies or appointed to act for the adult. School Lunch Act (NSLA) or the Child institutions that plan to disclose social (10) Are agreements required before Nutrition Act of 1966 (CNA). This security numbers must give notice of the disclosing program eligibility means that all eligibility information planned use of the social security information? Agreements between the obtained for the Child and Adult Care number. This notice must be in State agency or child care institution Food Program may be disclosed to accordance with section 7(b) of the and the individual or program receiving persons directly connected with Privacy Act of 1974 (5 U.S.C. 552a note). the information are not required. administering or enforcing regulations The application must include However, agreements are recommended. under the Special Milk Program (part substantially the following language for Before disclosing any information, the 215 of this chapter), the National School disclosures of social security numbers State agency or child care institution Lunch or School Breakfast Programs under paragraph (i)(4) of this section: should enter into a written agreement (parts 210 and 220, respectively, of this ‘‘The social security number may also with the party requesting the chapter), Summer Food Service Program be disclosed to programs under the information. An agreement is not (part 225 of this chapter), and the National School Lunch Act and Child necessary for disclosures to Federal, Special Supplemental Nutrition Nutrition Act, the Comptroller General State or local agencies evaluating or Program for Women, Infants and of the United States, and law reviewing program operations or for Children (WIC) (part 246 of this enforcement officials for the purpose of disclosures to the Comptroller General. chapter); investigating violations of certain The agreement should: (ii) The Comptroller General of the Federal, State, and local education, (i) Identify the programs or persons United States for purposes of audit and health and nutrition programs.’’ This receiving the information; examination; and language is in addition to the notice (ii) Describe the information to be (iii) Federal, State, and local law required in paragraph (e) of this section. disclosed and how the information will enforcement officials for the purpose of State agencies and child care be used; investigating any alleged violation of the institutions are responsible to drafting (iii) Describe how the information programs listed in paragraphs (i)(3) and the appropriate notice for disclosures of will be protected from unauthorized (i)(4) of this section. social security numbers under the uses and disclosures and include the

VerDate 112000 09:15 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\25JYP1.SGM pfrm04 PsN: 25JYP1 45738 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Proposed Rules penalties for using the information for this section. Additionally, program Special Milk Program may be disclosed unauthorized purposes; and eligibility information may be disclosed to persons directly connected with (iv) Be signed by both the State to other people and programs if parental administering or enforcing regulations agency or child care institution and the consent is given. under the National School Lunch or receiving party. (1) Who decides whether to disclose School Breakfast Programs (parts 210 (11) What are the penalties for program eligibility information? The and 220, respectively, of this chapter), unauthorized disclosure or misuse of agency that makes the free and reduced Child and Adult Care Food Program information? Any individual who price meal or free milk eligibility (part 226 of this chapter), Summer Food publishes, divulges, discloses or makes determination (i.e., the determining Service Program (part 225 of this known in any manner, or to any extent agency) is the only agency that can chapter) and the Special Supplemental not authorized by statute or the decide to disclose program eligibility Nutrition Program for Women, Infants regulations in this part, any information information. In most cases, this is the and Children (WIC) (part 246 of this obtained under this paragraph (i) will be school food authority, but sometimes chapter); fined up to $1,000 or imprisoned for up the State agency performs this function. (ii) The Comptroller General of the to 1 year, or both. (2) To whom may the determining United States for purposes of audit and agency disclose aggregate information? examination; and PART 245ÐDETERMINING The State agency or school food (iii) Federal, State, and local law ELIGIBILITY FOR FREE AND authority may disclose aggregate enforcement officials for the purpose of REDUCED PRICE MEALS AND FREE information to any party. Parental investigating any alleged violation of the MILK IN SCHOOLS consent is not necessary, since children programs listed in paragraphs (f)(3) and are not identified. For example, the (f)(4) of this section. 1. The authority citation for part 245 State agency or school food authority (5) Who are ‘‘directly connected’’ is revised to read as follows: may disclose aggregate information, that persons? Persons directly connected Authority: 42 U.S.C. 1752, 1758, 1759a, is the number of children eligible for with the administration or enforcement 1772, 1773, and 1779. free and reduced price meals or free of a program are the Federal, State, and 2. In § 245.6, paragraph (a)(1) is milk, but not children’s names. local program operators responsible for revised and a new paragraph (f) is (3) To whom may the determining program compliance, including their added. agency disclose participants’ names and contractors, to the extent those persons The revision and addition read as eligibility status, without consent? The have a need to know the information for follows: State agency or school food authority program administration or enforcement. may disclose, without parental consent, Program operators include persons § 245.6 Certification of children for free responsible for the ongoing operation of and reduced price meals and free milk. children’s names and eligibility status (whether they are eligible for free and the program. Compliance officials (a) * * * reduced price meals or free milk) to include persons responsible for (1) ‘‘Unless you include your child’s persons directly connected with the monitoring, reviewing, auditing, or case number for the Food Stamp administration or enforcement of the investigating the program. Contractors Program, the Food Distribution Program following programs: include evaluators, auditors, and others on Indian Reservations (or other (i) A Federal education program; with whom State agencies and program identifier for the Food Distribution (ii) A State health program (other than operators may contract to assist in the Program on Indian Reservations) or the Medicaid) or State education program administration or enforcement of their Temporary Assistance for Needy administered by the State or local program. Families Program, you must include the education agency; or (6) For what purposes may program social security number of the adult (iii) A Federal, State, or local means- eligibility information be used? State household member signing the tested nutrition program with eligibility agencies and school food authorities application or indicate that the standards comparable to the National may use program eligibility information household member does not have a School Lunch Program (i.e., food for administering or enforcing the social security number. This is required assistance programs for households with program. Additionally, any other by section 9 of the National School incomes at or below 185 percent of the Federal, State, or local agency charged Lunch Act. The social security number Federal poverty level). with administering or enforcing the is not mandatory, but the application (4) To whom may the determining program may use the information for cannot be approved if a social security agency disclose all eligibility that purpose. Individuals and programs number is not given or an indication is information, without consent? In to which program eligibility information not made that the signer does not have addition to children’s names and is disclosed under this section may only a social security number. The social eligibility status, the State agency or use the information in the security number will be used in the child-care institution may disclose, administration or enforcement of the administration and enforcement of the without parental consent, all eligibility receiving program. No further disclosure program.’’ State agencies and school information obtained through the free of the information may be made. food authorities must ensure that the and reduced price meal or free milk (7) May social security numbers be notice complies with section 7(b) of the eligibility process (including all disclosed? The determining agency may Privacy Act of 1974 (5 U.S.C. 552a note); information on the application or disclose social security numbers to any and obtained through direct certification or programs or persons authorized to * * * * * any verification of eligibility efforts) to receive all program eligibility (f) May program eligibility the following: information under paragraph (f)(4) of information be used for non-program (i) Persons directly connected with this section or when consent is purposes or disclosed to other the administration or enforcement of obtained. However State agencies and individuals or programs? Certain programs authorized under the National school food authorities that plan to information about children eligible for School Lunch Act or the Child Nutrition disclose social security numbers under free meals may be disclosed to the Act of 1966. This means that all this paragraph (f)(7) must give notice of individuals and programs described in eligibility information obtained for the the planned use of the social security

VerDate 112000 09:15 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\25JYP1.SGM pfrm04 PsN: 25JYP1 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Proposed Rules 45739 number. This notice must be in information, the determining agency area, that the area is well defined, and accordance with section 7(b) of the should enter into a written agreement that the area is distinguished from other Privacy Act of 1974 (5 U.S.C. 552a note). with the party requesting the areas by its soil, elevation, climate, The application must include information. An agreement is not terrain, and topography. substantially the following language for necessary for disclosures to Federal, DATES: Written comments must be disclosures of social security numbers State or local agencies evaluating or received by September 25, 2000. under paragraph (f)(4)of this section: reviewing program operations or for ADDRESSES: Send written comments to: ‘‘The social security number may also disclosures to the Comptroller General. Chief, Regulations Division, Bureau of be disclosed to programs under the The agreement should: Alcohol, Tobacco and Firearms, P.O. National School Lunch Act and Child (i) Identify the programs or persons Box 50221, Washington, DC 20091– Nutrition Act, the Comptroller General receiving the information; 0221, (Attention: Notice No. 900). See of the United States, and law (ii) Describe the information to be ‘‘Public Participation’’ section of this enforcement officials for the purpose of disclosed and how the information will notice if you want to comment by investigating violations of certain be used; facsimile or e-mail. Federal, State, and local education, (iii) Describe how the information FOR FURTHER INFORMATION CONTACT: Lisa health and nutrition programs.’’ This will be protected from unauthorized M. Gesser, Regulations Division, Bureau language is in addition to the notice uses and disclosures and include the of Alcohol, Tobacco and Firearms, 650 required in paragraph (a) of this section. penalties for using the information for Massachusetts Avenue, NW., State agencies and school food unauthorized purposes; and Washington, DC 20226 (202–927–9347). authorities are responsible for drafting (iv) Be signed by both the determining the appropriate notice for disclosures of agency and the receiving party. SUPPLEMENTARY INFORMATION: social security numbers under the (11) What are the penalties for 1. Background on Viticultural Areas consent provisions of paragraph (f)(9) of unauthorized disclosure or misuse of this section. information? Any individual who What is ATF’s Authority to Establish a (8) When is parental consent publishes, divulges, discloses or makes Viticultural Area? required? State agencies and school food known in any manner, or to any extent ATF published Treasury Decision authorities that plan to use or disclose not authorized by statute or the ATF–53 (43 FR 37672, 54624) on information about children eligible for regulations in this part, any information August 23, 1978. This decision revised free and reduced price meals or free obtained under this paragraph (f) will be the regulations in 27 CFR part 4, milk in ways not specified in this fined up to $1,000 or imprisoned for up Labeling and Advertising of Wine, to section must obtain written consent to 1 year, or both. allow the establishment of definitive from the child’s parent or guardian prior Dated: July 11, 2000. viticultural areas. The regulations allow to the use or disclosure. the name of an approved viticultural (9) Who may give consent for the Shirley R. Watkins, Under Secretary, Food, Nutrition and area to be used as an appellation of disclosure of program eligibility origin in the labeling and advertising of information to other programs or Consumer Services. [FR Doc. 00–18631 Filed 7–24–00; 8:45 am] wine. persons? Only a parent or guardian who On October 2, 1979, ATF published is a member of the child’s household for BILLING CODE 3410±30±P Treasury Decision ATF–60 (44 FR purposes of the free and reduced price 56692) which added 27 CFR part 9, meal or free milk application may give American Viticultural Areas, for the consent to the disclosure of program DEPARTMENT OF THE TREASURY listing of approved American eligibility information. The consent Bureau of Alcohol, Tobacco and viticultural areas, the names of which must identify the information that will may be used as appellations of origin. be shared and how the information will Firearms be used. Additionally, the consent What is the Definition of an American statement must be signed and dated by 27 CFR Part 9 Viticultural Area? the child’s parent or guardian who is a [Notice No. 900] Section 4.25a(e)(1), title 27, CFR, member of the household for purposes defines an American viticultural area as RIN 1512±AA07 of the free and reduced price meal or a delimited grape-growing region free milk application. There must be a Fair Play Viticultural Area (2000R± distinguishable by geographical statement informing parents and 170P) features. Viticultural features such as guardians that failing to sign the consent soil, climate, elevation, topography, etc., will not affect the child’s eligibility for AGENCY: Bureau of Alcohol, Tobacco distinguish it from surrounding areas. free and reduced price meals or free and Firearms (ATF), Treasury What is Required to Establish a milk and that the individuals or ACTION: Notice of proposed rulemaking. programs receiving the information will Viticultural Area? not share the information with any other SUMMARY: The Bureau of Alcohol, Any interested person may petition entity or program. Parents/guardians Tobacco and Firearms (ATF) is ATF to establish a grape-growing region must also be permitted to limit the considering the establishment of a as a viticultural area. The petition consent to only these programs with viticultural area to be known as ‘‘Fair should include: which they wish to share information. Play,’’ located in southern El Dorado • Evidence that the name of the (10) Are agreements required before County, California, entirely within the proposed viticultural area is locally disclosing program eligibility existing ‘‘El Dorado’’ and ‘‘Sierra and/or nationally known as referring to information? Agreements between the Foothills’’ viticultural areas. This the area specified in the petition; State agency or school food authority proposal is the result of a petition filed • Historical or current evidence that (determining agency) and the individual by Brian Fitzpatrick, President of Fair the boundaries of the viticultural area or program receiving the information are Play Winery Association. Mr. are as specified in the petition; not required. However, agreements are Fitzpatrick believes that ‘‘Fair Play’’ is • Evidence relating to the recommended. Before disclosing any a widely known name for the petitioned geographical features (climate, soil,

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The petitioner ‘‘tributaries.’’ the proposed area from surrounding has provided the following other What Evidence Relating to Geographical areas; references as name evidence: Features Has Been Provided? • A description of the specific • The Aukum, California 1952 • boundaries of the viticultural area, (photorevised 1973) U.S.G.S. map used Soil: based on features which can be found to show the boundaries of the proposed According to the petitioner, the on United States Geological Survey area, show the town of Fair Play and proposed ‘‘Fair Play’’ viticultural area is (U.S.G.S.) maps of the largest applicable Fair Play School located within the characterized by deep, moderately to scale; and proposed ‘‘Fair Play’’ viticultural area. well drained, granitic soils of the • A copy of the appropriate U.S.G.S. The map shows no conflicting Holland, Shaver, and Musick series. map(s) with the boundaries prominently designation for the remainder of the These soils consist of sandy loams and marked. proposed area; coarse sandy loams, with an effective average rooting depth between 40 and • Correspondence from Jim 2. Fair Play Petition 60 inches. The soil maps taken from the McBroom, Manager of Operations USDA Soil Survey show the specific ATF has received a petition from Programs Support with the United areas where each of these soils Brian Fitzpatrick, President of Fair Play States Postal Service, indicating that predominate; the proposed boundaries Winery Association, proposing to Fair Play, California 95684 is an were specifically designed to include establish a viticultural area in southern authorized last line mailing address; El Dorado County, California, known as these three soil series, and to exclude • An article about the history of the ‘‘Fair Play.’’ The proposed viticultural other soils which are either not granitic, Fair Play area written in 1998 by Doug area is located entirely within the or shallow, or poorly drained. The areas Noble, Democrat correspondent, for the existing ‘‘El Dorado’’ and ‘‘Sierra to the north and east of the proposed Mountain Democrat; Foothills’’ viticultural areas described in boundaries are predominately shallow • Fair Play Winery Association’s 16th 27 CFR 9.61 and 9.120. granitic soils of the Chawanakee and The proposed area encompasses annual brochure advertising the ‘‘Fair Chaix series. The proposed northern Play Wine Festival;’’ approximately 33 square miles. The • and eastern boundaries are drawn total acreage of vineyards is Fair Play Winery Association’s 17th primarily based on terrain and ease of approximately 350 acres, of which 250 annual brochure advertising the ‘‘Fair description, but with the intent to acres are currently in production. The Play Wine Festival;’’ • generally exclude these soils. The proposed viticultural area now boasts The Articles of Incorporation of the southeastern and southern boundaries ten bonded wineries and a number of Fair Play Winery Association; and • of ‘‘Fair Play,’’ the waterways of Cedar vineyards ranging in size from less than An excerpt from a book in progress Creek into Scott Creek into the South five acres to over seventy acres. by historian Erick Costa called Gold and Fork of the Cosumnes River, lay out a Wine, A History of Winemaking in El clear geological demarcation where the What Name Evidence Has Been Dorado County, California. Provided? granitic soils predominate and the What Boundary Evidence Has Been volcanic soils begin. Thus, the According to the petitioner, the Provided? petitioner argues that ‘‘Fair Play’’ has a proposed ‘‘Fair Play’’ viticultural area soil association that sets it apart from takes its name from an old gold mining The petitioner contends that the name the rest of the Sierra Foothills and El camp during the California gold rush. ‘‘Fair Play’’ is used to designate the Dorado viticultural areas. Although Fair Play was at first only a entire area bisected by Fair Play Road. • Terrain and Topography: mining camp, the town later became a The general boundaries are the canyon The petitioner asserts that the arable trading center and post office for drift of the Middle Fork of the Cosumnes terrain within the proposed area is and hydraulic mines in the area. The River to the north; rugged terrain and generally composed of rolling hillsides Alta Californian newspaper dated higher elevation to the east; a change in and rounding ridge tops. At these December 21, 1853, mentions Fair Play soils to the southeast and south; Cedar elevations (2,000–3,000) each vineyard’s as a prosperous little mining town with Creek running through a deep canyon to topographic location in relationship to several stores and hotels. the southwest; Cedar Creek flowing into the immediate surroundings is of utmost Today, the name ‘‘Fair Play’’ is used a short section of Scott Creek and into importance to minimize the negative to designate a former school, an existing a mile long section of the South Fork of effects of late spring frosts. Most of the crossroads store, and a farm road the Cosumnes River (near River Pines) existing vineyards are situated on the located within the proposed boundaries. thence northerly cross country to the ridge tops or hillsides so there is lower In 1998, residents of Fair Play Middle Fork of the Cosumnes River. In ground for the cold air to drain. petitioned the United States Postal support of this approach, the petitioner To the east and southeast, the Service to acknowledge Fair Play as a provided a copy of U.S.G.S. map proposed boundaries include terrain too postal address. The petition was granted (Aukum, California) on which the rugged for commercial viticulture. This and Fair Play now shares the Zip Code boundaries of the proposed ‘‘Fair Play’’ is also true of Coyote Ridge to the south. 95684 with Somerset. viticultural area and town of Fair Play The petitioner states that although little According to the petitioner, the first is prominently labeled. The petitioner vineyard activity is anticipated in these commercial vineyard and winery in has also provided other maps that show steep canyon lands, the use of the ‘‘Fair Play’’ was established in 1887 by that Fair Play Road runs through the Middle Fork of the Cosumnes River, a Civil War veteran, Horace Bigelow. proposed viticultural area, beginning at Cedar Creek, Scott Creek, and South Bigelow planted 4,000 grape vines and Grays Corner (shown as Melsons Corner Fork of the Cosumnes River make easily by 1898 was producing between 600 on the U.S.G.S. map) and running understood and prominent boundaries. and 1,000 gallons of wine each year. generally southeast, east and south to • Elevation: Today, ‘‘Fair Play’’ is gaining Omo Ranch Road. The proposed ‘‘Fair The petitioner asserts that the lowest recognition as a wine growing area and Play’’ viticultural area primarily elevations in the proposed area, about is featured in the media, on some wine consists of those farms and ranches 2,000 feet, occur along Perry Creek and

VerDate 112000 09:15 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\25JYP1.SGM pfrm04 PsN: 25JYP1 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Proposed Rules 45741 the North and South Forks of Spanish Executive Order 12866. Accordingly, address: http://www.atf.treas.gov/about/ Creeks where they flow west out of the this proposal is not subject to the foia/foia.htm. proposed viticultural area. The lowest analysis required by this Executive Will ATF Keep My Comments existing vineyards sit at about 2,000 feet Order. Confidential? near Mt. Aukum. The elevation rises to How Does the Regulatory Flexibility Act ATF will not recognize any comment the north, east and south to a maximum Apply to This Proposed Rule? of about 2,800 feet above Slug Gulch as confidential. All comments and Road and Walker Ridge. The proposed regulations will not materials will be disclosed to the public. To the north, the steep sides of the have a significant economic impact on If you consider your material to be canyon of the Middle Fork of the a substantial number of small entities. confidential or inappropriate for Cosumnes River are not suitable for The establishment of a viticultural area disclosure to the public, you should not viticulture. The bottom land along the is neither an endorsement or approval include it in the comments. We will also river, ranging from 1,700 to 1,800 feet by ATF of the quality of wine produced disclose the name of any person who elevation, is at least two hundred feet in the area, but rather an identification submits a comment. lower in elevation than the lowest of an area that is distinct from During the comment period, any points included within the proposed surrounding areas. ATF believes that the person may request an opportunity to boundaries. establishment of viticultural areas present oral testimony at a public The rugged terrain east of the merely allows wineries to more hearing. However, the Director reserves proposed boundaries, and the volcanic accurately describe the origin of their the right to determine, in light of all ‘‘caps’’ to the southeast and south wines to consumers, and helps circumstances, whether a public hearing quickly rise above 2,800 feet. consumers identify the wines they will be held. Elevation is significant because of its purchase. Thus, any benefit derived effect on growing conditions in the from the use of a viticultural area name How do I Send Facsimile Comments? Sierra Nevada Foothills. is the result of the proprietor’s own You may submit comments by • Growing Season and Rainfall: efforts and consumer acceptance of facsimile transmission to (202) 927– According to the petitioner, the wines from that area. 8525. Facsimile comments must: No new requirements are proposed. U.S.D.A. Soil Survey shows that in this • Be legible. Accordingly, a regulatory flexibility part of Sierra Foothills, rainfall • Reference this notice number. analysis is not required. generally increases along with the • Be on paper 81⁄2″ × 11″ in size. elevation. The isobars generally run Does the Paperwork Reduction Act • Contain a legible written signature. from the northwest to southeast, similar Apply to This Proposed Rule? • Be not more than three pages. to the general run of the elevation The Paperwork Reduction Act of We will not acknowledge receipt of contour lines. The proposed ‘‘Fair Play’’ 1995, 44 U.S.C. Chapter 35, and its facsimile transmissions. We will treat area receives between 35 to 40 inches of implementing regulations, 5 CFR Part facsimile transmissions as originals. rain in an average year, while the lower 1320, do not apply to this notice of How Do I Send Electronic Mail (E-Mail) areas to the west and southwest of ‘‘Fair proposed rulemaking because no Comments? Play’’ receive 35 inches or less. requirement to collect information is The U.S.D.A. chart for the length of proposed. You may submit comments by e-mail growing season follows the reverse by sending the comments to pattern; as elevation increases, the 4. Public Participation [email protected]. You must growing season decreases. ‘‘Fair Play’’ Who May Comment on This Notice? follow these instructions. E-mail enjoys an average growing season of ATF requests comments from all comments must: between about 230 and 250 days; the • Contain your name, mailing areas to the west and southwest show interested parties. In addition, ATF specifically requests comments on the address, and e-mail address. over 250 days. • clarity of this proposed rule and how it Reference this notice number. Thus, the petitioner asserts that the • Be legible when printed on not proposed ‘‘Fair Play’’ viticultural area may be made easier to understand. more than three pages, 81⁄2″ × 11″ in enjoys more rainfall, but with a shorter Comments received on or before the closing date will be carefully size. growing season, than the areas to the We will not acknowledge receipt of e- west and southwest. considered. Comments received after • that date will be given the same mail. We will treat comments submitted Climate: by e-mail as originals. According to the petitioner, based on consideration if it is practical to do so. the standard University of California at However, assurance of consideration How do I Send Comments to the ATF Davis (UCD) temperature summation can only be given to comments received Internet Web Site? on or before the closing date. definition of climatic regions or zones, You may also submit comments using the proposed ‘‘Fair Play’’ viticultural Can I Review Comments Received? the comment form provided with the area would appear to fall into high Copies of the petition, the proposed online copy of the proposed rule on the Region 3 (less than 3,500 degree days). regulations, the appropriate maps, and ATF internet web site at http:// The areas to the west and southwest fall any written comments received will be www.atf.treas.gov. into low Region 4 (over 3,500 degree available for public inspection during Drafting Information: The principal days). normal business hours at the ATF author of this document is Lisa M. 3. Regulatory Analyses and Notices Reading Room, Office of the Liaison and Gesser, Regulations Division, Bureau of Public Information, Room 6480, 650 Alcohol, Tobacco and Firearms. Is This a Significant Regulatory Action Massachusetts Avenue, N.W., as Defined by Executive Order 12866? Washington, D.C. 20226. For List of Subjects in 27 CFR Part 9 It has been determined that this information on filing a Freedom of Administrative practices and proposed regulation is not a significant Information Act request for a copy of the procedures, Consumer protection, regulatory action as defined in comments, please refer to the internet Viticultural areas, and Wine.

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Authority and Issuance Fork of the Cosumnes River (‘‘Aukum’’ coal mine operators’ dust control plans Title 27, Code of Federal Regulations, Quadrangle); and compliance sampling for respirable Part 9, American Viticultural Areas, is (6) The boundary then follows along dust published in the Federal Register proposed to be amended as follows: the Middle Fork of the Cosumnes River on July 7, 2000. Information in this in a southeasterly direction onto the document is provided to correct these PART 9ÐAMERICAN VITICULTURAL ‘‘Omo’’ Quadrangle map and continues errors. AREAS until it meets the range line between R. 12 E. and R. 13 E. (‘‘Aukum’’ FOR FURTHER INFORMATION CONTACT: Paragraph 1. The authority citation Quadrangle and ‘‘Omo Ranch’’ Carol J. Jones, Director, Office of for part 9 continues to read as follows: Quadrangle); Standards, Regulations, and Variances, Authority: 27 U.S.C. 205. (7) The boundary then follows south MSHA; 703–235–1910. along the range line between R. 12 E. Corrections Subpart CÐApproved American and R. 13 E. to its intersection with an Viticultural Areas unnamed medium-duty road in T. 8 N. As published, the proposed rule (Omo Ranch Road) (‘‘Omo Ranch’’ preamble contains typographical errors. Par. 2. Subpart C is amended by Quadrangle); This document provides information so adding § 9.168 to read as follows: (8) The boundary then continues west that a reader may correct those errors. * * * * * in a straight line approximately 0.3 No corrections are being made to the § 9.168 Fair Play. miles to the point where Cedar Creek regulatory text. Please note: if you intersects with the 3200-foot contour received a copy of the proposed rule (a) Name. The name of the viticultural line, within Section 1, T. 8 N.,R. 12 E. from MSHA in the mail, some of the area described in this section is ‘‘Fair (‘‘Omo Ranch’’ Quadrangle); corrections have already been made. Play.’’ (9) The boundary follows along Cedar These are marked with an *. (b) Approved Maps. The appropriate Creek west and then southwest until it maps for determining the boundary of In the proposed rule addressing empties into Scott Creek (‘‘Aukum’’ the Fair Play viticultural area are three verification of underground coal mine Quadrangle); United States Geological Survey operators’ dust control plans and (10) The boundary then proceeds west (U.S.G.S.) topographic maps (7.5 minute compliance sampling for respirable along Scott Creek until it empties into series; quadrangles). They are titled: dust, published in the Federal Register the South Fork of the Cosumnes River (1) ‘‘Omo Ranch, California,’’ 1952 on July 7, 2000 (65 FR 42122), make the (‘‘Aukum’’ Quadrangle); (photorevised 1973). following corrections: (11) The boundary continues west (2) ‘‘Aukum, California,’’ 1952 1. On page 42123 , column one, line along the South Fork of the Cosumnes (photorevised 1973). 9 insert ‘‘provide’’ between ‘‘third,’’ and River to its intersection with the (3) ‘‘Camino, California,’’ 1952 ‘‘additional’’. (photorevised 1973). U.S.G.S. map section line between Sections 14 and 15, T. 8 N., R. 11 E. 2. On page 42140, column two, in the (c) Boundaries. The Fair Play 3 3 (‘‘Aukum’’ Quadrangle); and formula, change ‘‘m ’’ to read ‘‘m / viticultural area is located in El Dorado min’’. County, California and is located (12) Finally, the boundary follows entirely within the existing Sierra north along the section line back to its 3. On page 42143, column three, line Foothills and El Dorado viticultural intersection with the Middle Fork of the 45, section heading, insert ‘‘with’’ areas. The boundary for Fair Play is as Cosumnes River, the point of the between ‘‘comply’’ and ‘‘this’’. follows: beginning. (‘‘Aukum’’ Quadrangle). 4.* On page 42144, column three, line (1) The beginning point of the Approved: July 18, 2000. 67, within footnote 9, change ‘‘1–P boundary is the intersection of the Bradley A. Buckles, (X>=n)’’ to ‘‘1–P(X>n)’’. Middle Fork of the Cosumnes River and Director. 5. On page 42159, column two, line the U.S.G.S. map section line between [FR Doc. 00–18732 Filed 7–24–00; 8:45 am] 18, remove ‘‘and NIOSH’’. Sections 26 and 27, T. 9 N., R. 11 E. BILLING CODE 4810±31±P 6. On page 42159, column two, lines (‘‘Aukum’’ Quadrangle); 19 and 20, remove ‘‘and NIOSH are’’ (2) From the beginning point, the and replace with ‘‘is’’. boundary follows northeast along the DEPARTMENT OF LABOR Middle Fork of the Cosumnes River 7. On page 42160, column two, line 46, replace ‘‘Secretaries invite’’ with until it meets an unnamed medium-duty Mine Safety and Health Administration road (Mt. Aukum Road or El Dorado ‘‘Secretary invites’’. County Road E–16) just as it crosses 30 CFR Parts 70, 75 and 90 8. On page 42161, footnote 14, line 3, onto the ‘‘Camino’’ Quadrangle map; replace ‘‘production of’’ with (3) The boundary continues then RIN 1219±AB14 ‘‘proportion of’’. northeast along Mt. Aukum Road to its Verification of Underground Coal Mine 9. On page 42164, column three, line intersection with Grizzly Flat Road at Operators' Dust Control Plans and 51, change ‘‘January 2000’’ to read ‘‘June the town of Somerset (‘‘Camino’’ Compliance Sampling for Respirable 2000’’. Quadrangle); Dust; Correction 10. On page 42170, Table IX–3, line (4) The boundary continues east and two, column one (of text), change ‘‘≤500 then southeast along Grizzly Flat Road AGENCY: Mine Safety and Health employees’’ to read ‘‘≤ 500 employees’’. to its intersection with the U.S.G.S. map Administration (MSHA), Labor. Dated: July 20, 2000. section line between Sections 15 and 16, ACTION: Proposed rule; correction. T. 9 N., R. 12 E. (‘‘Camino’’ Quadrangle): Carol J. Jones, (5) The boundary then proceeds south SUMMARY: This document lists Director, Office of Standards, Regulations and along the U.S.G.S. map section line typographical errors which appeared in Variances. between Sections 15 and 16, T. 9 N., R. the preamble to a proposed rule [FR Doc. 00–18812 Filed 7–21–00; 12:45 pm] 12 E., to its intersection with the Middle regarding verification of underground BILLING CODE 4510±43±P

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DEPARTMENT OF LABOR 7. On page 42096, column one, line listed in the ADDRESSES section of this 14, change ‘‘Appendix B’’ to read document. If no adverse comments are Mine Safety and Health Administration ‘‘Appendix C’’. received in response to this action, no 8. On page 42097, column three, line further activity is contemplated. If EPA 30 CFR Part 72 51, change ‘‘Appendix C’’ to read receives adverse comments, the direct ‘‘Appendix D’’. final rule will be withdrawn and all RIN 1219±AB18 9. On page 42098, column one, lines public comments received will be 11, 20 and 27, change ‘‘Appendix B’’ to addressed in a subsequent final rule Determination of Concentration of read ‘‘ Appendix C’’. based on this proposed rule. EPA will Respirable Coal Mine Dust; Correction 10. On page 42101, column three, line not institute a second comment period. AGENCY: Mine Safety and Health 40, change ‘‘December 1999’’ to read Any parties interested in commenting Administration (MSHA), Labor. ‘‘June 2000.’’ on this action should do so at this time. 11.* On page 42112, column one, line DATES: Comments must be received in ACTION: Proposed rule; correction. σ 44, replace ‘‘Qe’’ with ‘‘ e’’. writing by August 24, 2000. 12.* On page 42113, column 2, line 3, SUMMARY: This document corrects ADDRESSES: Written comments should typographical errors which appeared in replace, ‘‘will is’’ with ‘‘is’’. be addressed to Ms. Makeba A. Morris, 13. On page 42113, column three, line the preamble to the joint proposed rule Chief, Technical Assessment Branch, 19, and Table C–1, column one, line 23, that announced that the Secretary of Mailcode 3AP22, U.S. Environmental replace ‘‘Tyvek,’’ with ‘‘Tyvek’’. Labor and the Secretary of Health and Protection Agency, Region III, 1650 14.* On page 42118, column one, line Human Services (the Secretaries) would Arch Street, Philadelphia, Pennsylvania 21, replace ‘‘of ’’ with ‘‘of σ ’’. find in accordance with sections 101 (30 e e 19103. Copies of the documents relevant 15.* On page 42119, column one, line U.S.C. 811) and 202(f)(2) (30 U.S.C. to this action are available for public 73, replace ‘‘equal to ‘‘2)’’ with ‘‘equal 842(f)(2)) of the Federal Mine Safety and inspection during normal business to √2)’’. Health Act of 1977 that the average hours at the Air Protection Division, concentration of respirable dust to Dated: July 20, 2000. U.S. Environmental Protection Agency, which each miner in the active Carol J. Jones, Region III, 1650 Arch Street, workings of a coal mine is exposed can Director, Office of Standards, Regulations and Philadelphia, Pennsylvania 19103; and be accurately measured over a single Variances. the Maryland Department of the shift. No corrections are being made to [FR Doc. 00–18813 Filed 7–21–00; 12:45 pm] Environment, 2500 Broening Highway, the regulatory text. BILLING CODE 4510±43±P Baltimore, Maryland, 21224. The joint proposal published in the FOR FURTHER INFORMATION CONTACT: Federal Register on July 7, 2000, would Ruth E. Knapp, (215) 814–2191, at the rescind a previous 1972 finding by the ENVIRONMENTAL PROTECTION EPA Region III address above, or by e- Secretaries on the validity of such AGENCY mail at [email protected]. single-shift sampling. SUPPLEMENTARY INFORMATION: For FOR FURTHER INFORMATION CONTACT: 40 CFR Part 52 further information, regarding the Carol J. Jones, Director, Office of revisions to Maryland’s regulation on Standards, Regulations, and Variances, [MD042±3051b; FRL±6838±2] batch type hot-dip galvanizing MSHA; 703–235–1910. Approval and Promulgation of Air installations, please see the information Corrections Quality Implementation Plans; provided in the direct final action, with Maryland; Approval of Revisions to The proposed rule as published by the the same title, that is located in the COMAR 26.11.12 Control of Batch ‘‘Rules and Regulations’’ section of this Federal Register contains typographical Type Hot-Dip Galvanizing Installations errors. This document provides Federal Register publication. information so that a reader may correct AGENCY: Environmental Protection Dated: June 30, 2000. those errors. Please note: if you received Agency (EPA). Bradley M. Campbell, a copy of the proposed rule from MSHA ACTION: Proposed rule. Regional Administrator, Region III. in the mail, some of the corrections have [FR Doc. 00–18529 Filed 7–24–00; 8:45 am] already been made. These are marked SUMMARY: EPA proposes to approve the BILLING CODE 6560±50±P with an *. State Implementation Plan (SIP) In the proposed rule addressing revision submitted by the State of determination of concentration of Maryland for the purpose of establishing FEDERAL COMMUNICATIONS respirable coal mine dust, published in operational flexibility to meet visible COMMISSION the Federal Register on July 7, 2000 (65 emission limits for batch type hot-dip FR 42068), make the following galvanizing installations. In the Final 47 CFR Part 73 corrections: Rules section of this Federal Register, 1. On page 42068, column one, line EPA is approving the State’s SIP [DA 00±1569, MM Docket No. 00±127, RM± 42, change ‘‘1997’’ to read ‘‘1998’’. submittal as a direct final rule without 9894] 2. On page 42069, column three, line prior proposal because the Agency Digital Television Broadcast Service; 53, change ‘‘1999’’ to read ‘‘proposed’’. views this as a noncontroversial Jamestown, North Dakota 3. On page 42079, column two, line submittal and anticipates no adverse 31, change ‘‘1n’’ to read ‘‘ln’’. comments. A more detailed description AGENCY: Federal Communications 4. On page 42094, column two, line of the state submittal and EPA’s Commission. µ µ 13 change ‘‘ ’’ to read ‘‘ g’’. evaluation are included in a Technical ACTION: Proposed rule. 5. On page 42094, column two, line Support Document (TSD) prepared in 59, change ‘‘µg’’ to read ‘‘1,400 µg’’. support of this rulemaking action. A SUMMARY: The Commission requests 6. On page 42094, column three, line copy of the TSD is available, upon comments on a petition filed by Red 17, change ‘‘µ’’ to read ‘‘µm’’. request, from the EPA Regional Office River Broadcast Company, licensee of

VerDate 112000 09:15 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\25JYP1.SGM pfrm04 PsN: 25JYP1 45744 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Proposed Rules station KJRR(TV), NTSC Channel 7, Federal Communications Commission. FEDERAL COMMUNICATIONS Jamestown, North Dakota, requesting COMMISSION the substitution of DTV Channel 30 for Barbara A. Kreisman, station KRJJ(TV)’s assigned DTV Chief, Video Services Division, Mass Media 47 CFR Part 73 Channel 14. DTV Channel 14 can be Bureau. [DA 00±1570, MM Docket No. 00±128, RM± allotted to Jamestown, North Dakota, in [FR Doc. 00–18766 Filed 7–24–00; 8:45 am] 9912] compliance with the principle BILLING CODE 6712±01±P community coverage requirements of Radio Broadcasting Services; Pilot section 73.625(a) at reference Rock, OR coordinates (46–55–30 N. and 98–46–21 FEDERAL COMMUNICATIONS AGENCY: Federal Communications W.). However, since the community of COMMISSION Jamestown is located 400 kilometers of Commission. ACTION: Proposed rule. the U.S.-Canadian border, concurrence 47 CFR Part 73 by the Canadian government must be SUMMARY: The Commission requests obtained for this proposal. As requested, [DA 00±1556; MM Docket No. 99±136; RM± comments on a petition filed by Aaron we propose to allot DTV Channel 30 to 9570] Bruton to allot Channel 221C3 to Pilot Jamestown with a power of 1000 and a Rock, OR, as the community’s first local height above average terrain (HAAT) of Radio Broadcasting Services; Babb, aural service. Channel 221C3 can be 135 meters. MT allotted to Pilot Rock in compliance DATES: Comments must be filed on or with the Commission’s minimum before September 11, 2000, and reply AGENCY: Federal Communications distance separation requirements with a comments on or before September 26, Commission. site restriction of 14.5 kilometers (9 2000. miles) west, at coordinates 45–30–00 ACTION: Proposed rule; denial. ADDRESSES: Federal Communications NL; 119–00–56 WL, to avoid a short- Commission, 445 12th Street, SW, Room spacing to Station KWVR, Channel SUMMARY: This document denies a 221A, Enterprise, Oregon. TW–A325, Washington, DC 20554. In petition for rule making filed by the DATES: Comments must be filed on or addition to filing comments with the Battani Corporation requesting the before September 5, 2000, and reply FCC, interested parties should serve the allotment of Channel 233C3 at Babb, comments on or before September 20, petitioner, or its counsel or consultant, Montana. See 64 FR 24997, May 10, 2000. as follows: John T. Scott III, Crowell & 1999. Based on the information Moring LLP, 1001 Pennsylvania Avenue submitted by Battani Corporation, we ADDRESSES: Federal Communications NW, Washington, DC 20004 (counsel for believe it has failed to establish that Commission, 445 12th Street, S.W., Red River Broadcast Company). Babb qualifies as a community for Room TW–A325, Washington, DC FOR FURTHER INFORMATION CONTACT: Pam allotment purposes and therefore it 20554. In addition to filing comments Blumenthal, Mass Media Bureau, (202) would not serve the public interest to with the FCC, interested parties should 418–1600. allot a channel to Babb. serve the petitioner, or its counsel or SUPPLEMENTARY INFORMATION: This is a consultant, as follows: Aaron Bruton, ADDRESSES: synopsis of the Commission’s Notice of Federal Communications 1832 Fern, Walla Walla, WA 99362 Proposed Rule Making, MM Docket No. Commission, Washington, DC 20554. (Petitioner). 00–127, adopted July 19, 2000, and FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: released July 20, 2000. The full text of Kathleen Scheuerle, Mass Media Leslie K. Shapiro, Mass Media Bureau, this Commission decision is available Bureau, (202) 418–2180. (202) 418–2180. for inspection and copying during SUPPLEMENTARY INFORMATION: This is a SUPPLEMENTARY INFORMATION: This is a normal business hours in the FCC synopsis of the Commission’s Notice of summary of the Commission’s Report Reference Center 445 12th Street, SW, Proposed Rule Making, MM Docket No. and Order, MM Docket No. 99–136, Washington, DC. The complete text of 00–128, adopted July 5, 2000, and adopted July 5, 2000, and released July this decision may also be purchased released July 14, 2000. The full text of from the Commission’s copy contractor, 14, 2000. The full text of this this Commission decision is available International Transcription Services, Commission decision is available for for inspection and copying during Inc., (202) 857–3800, 1231 20th Street inspection and copying during normal normal business hours in the FCC NW, Washington, DC 20036. business hours in the Commission’s Reference Center, 445 12th Street, SW, Provisions of the Regulatory Reference Center, 445 Twelfth Street, Washington, DC. The complete text of Flexibility Act of 1980 do not apply to SW, Washington, DC. The complete text this decision may also be purchased this proceeding. of this decision may also be purchased from the Commission’s copy contractor, Members of the public should note from the Commission’s copy International Transcription Services, that from the time a Notice of Proposed contractors, International Transcription Inc., (202) 857–3800, 1231 20th Street, Rule Making is issued until the matter Services, Inc., 1231 20th Street, NW., NW, Washington, DC 20036. is no longer subject to Commission Washington, DC 20036; (202) 857–3800, Provisions of the Regulatory consideration or court review, all ex facsimile (202) 857–3805. Flexibility Act of 1980 do not apply to parte contacts are prohibited in Federal Communications Commission this proceeding. Commission proceedings, such as this Members of the public should note one, which involve channel allotments. that from the time a Notice of Proposed See 47 CFR 1.1204(b) for rules John A. Karousos, Rule Making is issued until the matter governing permissible ex parte contacts. Chief, Allocations Branch, Policy and Rules is no longer subject to Commission For information regarding proper Division, Mass Media Bureau. consideration or court review, all ex filing procedures for comments, see 47 [FR Doc. 00–18757 Filed 7–24–00; 8:45 am] parte contacts are prohibited in CFR 1.415 and 1.420. BILLING CODE 6712±01±P Commission proceedings, such as this

VerDate 112000 09:15 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\25JYP1.SGM pfrm04 PsN: 25JYP1 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Proposed Rules 45745 one, which involve channel allotments. FOR FURTHER INFORMATION CONTACT: would not serve the public interest to See 47 CFR 1.1204(b) for rules Kathleen Scheuerle, Mass Media allot a channel to Fortine. governing permissible ex parte contacts. Bureau, (202) 418–2180. ADDRESSES: Federal Communications For information regarding proper SUPPLEMENTARY INFORMATION: This is a Commission, Washington, DC 20554. filing procedures for comments, see 47 summary of the Commission’s Notice of FOR FURTHER INFORMATION CONTACT: CFR 1.415 and 1.420. Proposed Rule Making, MM Docket No. Kathleen Scheuerle, Mass Media Federal Communications Commission. 00–129, adopted July 5, 2000, and Bureau, (202) 418–2180. John A. Karousos, released July 14, 2000. The full text of SUPPLEMENTARY INFORMATION: This is a this Commission decision is available Chief, Allocations Branch, Policy and Rules summary of the Commission’s Report Division, Mass Media Bureau. for inspection and copying during and Order, MM Docket No. 99–221, normal business hours in the [FR Doc. 00–18755 Filed 7–24–00; 8:45 am] adopted June 28, 2000, and released July Commission’s Reference Information BILLING CODE 6712±01±P 7, 2000. The full text of this Center, 445 12th Street, SW, Commission decision is available for Washington, DC. The complete text of inspection and copying during normal FEDERAL COMMUNICATIONS this decision may also be purchased business hours in the Commission’s COMMISSION from the Commission’s copy Reference Center, 445 Twelfth Street, contractors, International Transcription SW, Washington, DC. The complete text 47 CFR Part 73 Services, Inc., 1231 20th Street, NW., of this decision may also be purchased Washington, DC. 20036, (202) 857–3800, from the Commission’s copy [DA 00±1555; MM Docket No. 00±129, RM± facsimile (202) 857–3805. contractors, International Transcription 9909] Provisions of the Regulatory Services, Inc., 1231 20th Street, NW., Flexibility Act of 1980 do not apply to Washington, DC 20036; (202) 857–3800, Radio Broadcasting Services; Moberly, this proceeding. facsimile (202) 857–3805. Malta Bend & Chillicothe, MO Members of the public should note that from the time a Notice of Proposed Federal Communications Commission. AGENCY: Federal Communications Rule Making is issued until the matter John A. Karousos, Commission. is no longer subject to Commission Chief, Allocations Branch, Policy and Rules Division, Mass Media Bureau. ACTION: Proposed rule. consideration or court review, all ex parte contacts are prohibited in [FR Doc. 00–18761 Filed 7–24–00; 8:45 am] SUMMARY: This document requests Commission proceedings, such as this BILLING CODE 6712±01±P comments on a petition filed by Best one, which involve channel allotments. Broadcasting, Inc., requesting the See 47 CFR 1.1204(b) for rules substitution of Channel 247C2 for governing permissible ex parte contact. FEDERAL COMMUNICATIONS Channel 247C3 at Moberly and For information regarding proper COMMISSION modification of the license for Station filing procedures for comments, see 47 47 CFR Part 73 KCSX to specify operation on Channel CFR 1.415 and 1.420. 247C2. The coordinates for Channel Federal Communications Commission. [DA 00±1521; MM Docket No. 00±57; RM± 247C2 at Moberly are 39–27–41 and 92– John A. Karousos, 9825] 21–03. To accommodate the substitution Chief, Allocations Branch, Policy and Rules at Moberly, Best Broadcasting has also Radio Broadcasting Services; Division, Mass Media Bureau. Gadsden and Springville, AL requested the substitution of Channel [FR Doc. 00–18753 Filed 7–24–00; 8:45 am] 280C3 for Channel 248C3 at Malta Bend, BILLING CODE 6712±01±P AGENCY: Federal Communications MO and modification of the license for Commission. Station KRLI and substitution of ACTION: Proposed rule; dismissal. Channel 273A for Channel 280C3 at FEDERAL COMMUNICATIONS Chillicothe, MO and modification of the COMMISSION SUMMARY: This document dismisses a license for Station KCHI accordingly. petition filed on behalf of Capstar The coordinates for Channel 280C3 at 47 CFR Part 73 Royalty II Corporation (now Capstar TX Malta Bend are 39–21–59 and 93–24–12. Limited Partnership), licensee of Station The coordinates for Channel 273A at [DA No. 00±1519; MM Docket No. 99±221; RM±9639] WQEN(FM), Channel 279C1, Gadsden, Chillicothe are 39–45–56 and 93–33–14. Alabama, proposing the substitution of In accordance with Section 1.420(g)(3) Radio Broadcasting Services; Fortine, Channel 279C for Channel 279C1 at of the Commission’s Rules, we will not MT Gadsden, the reallotment of Channel accept competing expressions of interest 279C to Springville, Alabama, and for Channel 247C2 at Moberly. AGENCY: Federal Communications modification of its license accordingly. DATES: Comments must be filed on or Commission. Petitioner withdrew its interest in before August 28, 2000, and reply ACTION: Proposed rule; denial. pursuing the proposal. See 65 FR 20791, comments on or before September 12, April 18, 2000. SUMMARY: 2000. This document denies a petition for rule making filed by the ADDRESSES: Federal Communications ADDRESSES: Federal Communications Battani Corporation requesting the Commission, Washington, DC 20554. Commission, Washington, DC 20554. In allotment of Channel 232C3 at Fortine, FOR FURTHER INFORMATION CONTACT: addition to filing comments with the Montana. See 64 FR 34752, June 29, Nancy Joyner, Mass Media Bureau, (202) FCC, interested parties should serve the 1999. Based on the information 418–2180. petitioner’s counsel, as follows: John R. submitted by the Battani Corporation, SUPPLEMENTARY INFORMATION: This is a Wilner, Bryan Cave LLP, 700 13th we believe it has failed to establish that synopsis of the Commission’s Report Street, N.W., Suite 700, Washington, Fortine qualifies as a community for and Order, MM Docket No. 00–57, D.C. 20005. allotment purposes and therefore it adopted June 28, 2000 , and released

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July 7, 2000. The full text of this DC. The complete text of this decision Federal Communications Commission. Commission decision is available for may also be purchased from the John A. Karousos, inspection and copying during normal Commission’s copy contractor, Chief, Allocations Branch, Policy and Rules business hours in the FCC’s Reference International Transcription Service, Division, Mass Media Bureau. Information Center (Room CY–A257), Inc., 1231 20th Street, NW., [FR Doc. 00–18760 Filed 7–24–00; 8:45 am] 445 Twelfth Street, SW., Washington, Washington, DC 20036, (202) 857–3800. BILLING CODE 6712±01±P

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Notices Federal Register Vol. 65, No. 143

Tuesday, July 25, 2000

This section of the FEDERAL REGISTER displays a currently valid OMB control of 1937, Sections 1–19, 48 Stats. 31, as contains documents other than rules or number. amended; 7 USC 601–674). The order proposed rules that are applicable to the authorizes the issuance of grade and Agricultural Marketing Service public. Notices of hearings and investigations, size standards, and incoming and committee meetings, agency decisions and Title: 7 CFR Part 54–Meats, Prepared outgoing inspection requirements. The rulings, delegations of authority, filing of Meats, and Meat Products (Grading, order also has authority for research and petitions and applications and agency Certification, and Standards). statements of organization and functions are development projects, including paid examples of documents appearing in this OMB Control Number: 0581–0124. advertising. The Agricultural Marketing section. Summary of Collection: The Service (AMS) will collect information Agricultural Marketing Act of 1946, as using several forms. amended, authorizes the Secretary of Need and Use of the Information: DEPARTMENT OF AGRICULTURE Agriculture to provide consumers with AMS will collect information to voluntary Federal meat grading and determine olive inventories, acquisition Submission for OMB Review; certification services that facilitate the of olives, shipments, and disposition. Comment Request marketing of meat and meat products. Only authorized representatives of the This is accomplished by providing meat USDA, including AMS, Fruit and July 19, 2000. and meat products that are uniform in Vegetable Programs’ regional and The Department of Agriculture has quality. The Meat Grading and headquarters’ staff, and authorized submitted the following information Certification (MGC) Branch provides employees of the committee would use collection requirement(s) to OMB for these services under the authority of 7 the information collected. review and clearance under the CFR Part 54—Meats, Prepared Meats, Description of Respondents: Business Paperwork Reduction Act of 1995, and Meat Products (Grading, or other for-profit; Farms. Public Law 104–13. Comments Certification, and Standards). The Number of Respondents: 691. regarding (a) whether the collection of Agricultural Marketing Service (AMS) Frequency of Responses: information is necessary for the proper will collect information using forms LS– Recordkeeping; reporting: On occasion; performance of the functions of the 313, ‘‘Application for Service,’’ and LS– Other (2–6 years) agency, including whether the 315, ‘‘Application for Commitment Total Burden Hours: 2,947. information will have practical utility; Grading or Certification Service.’’ Food and Nutrition Service (b) the accuracy of the agency’s estimate Need and Use of the Information: of burden including the validity of the AMS will collect information to identify Title: Interoperability Funding methodology and assumptions used; (c) the responsible authorities in Agreement. ways to enhance the quality, utility and establishments requesting services and OMB Control Number: 0584–NEW. Summary of Collection: Under clarity of the information to be to initiate billing and collection Section 7(k) of Pub. L. 106–71, the collected; (d) ways to minimize the accounts. A signed and approved Electronic Benefit Transfer (EBT) burden of the collection of information application (Form LS–313 or LS–315) Interoperability and Portability Act of on those who are to respond, including constitutes authorization for any 2000, the Secretary is required to ensure through the use of appropriate employee of AMS to enter the that electronic benefit transfer (EBT) automated, electronic, mechanical, or establishment for the purpose of systems used for the issuance and other technological collection performing official functions under the redemption of food stamp program techniques or other forms of information regulations. Without a properly signed (FSP) benefits are interoperable and that technology should be addressed to: Desk and approved Form LS–313 or LS–315, food stamp benefits are portable among Officer for Agriculture, Office of AMS officials would not have the all States by October 1, 2002, except Information and Regulatory Affairs, authority to enter the premises to where exemptions apply or a temporary Office of Management and Budget provide grading and/or certification waiver is granted. (OMB), Washington, D.C. 20503 and to services nor would users of the services Departmental Clearance Office, USDA, Need and Use of the Information: The be legally obligated to abide by the Interoperability Funding Agreement OCIO, Mail Stop 7602, Washington, D.C. regulations or to remit payment for 20250–7602. will inform State agencies of the services rendered. administrative procedures for requesting Comments regarding these Description of Respondents: Business enhanced funding for interoperability information collections are best assured or other for-profit. costs, including prescribed formats for of having their full effect if received Number of Respondents: 888. within 30 days of this notification. Frequency of Responses: Reporting: submitting requests for payment and Copies of the submission(s) may be On occasion. submission deadlines. State agencies obtained by calling (202) 720–6746. Total Burden Hours: 406. that request funding will be required to An agency may not conduct or submit the signed agreement concurrent sponsor a collection of information Agricultural Marketing Service with the State agency’s first request for unless the collection of information Title: Olives Grown in California. payment for each fiscal year, indicating displays a currently valid OMB control OMB Control Number: 0581–0142. that it agrees to comply with the number and the agency informs Summary of Collection: Marketing procedures established by the potential persons who are to respond to Order 932 (7 CFR Part 932), covering the Department. If the agreement is not the collection of information that such handling of olives grown in California, submitted it would prevent the Food persons are not required to respond to emanates from enabling legislation (The and Nutrition Service from obligating the collection of information unless it Agricultural Marketing Agreement Act enhanced funding each fiscal year for

VerDate 112000 16:48 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\25JYN1.SGM pfrm08 PsN: 25JYN1 45748 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Notices interoperability costs incurred by State requirements of 35 U.S.C. 209 and 37 www.aphis.usda.gov/ppd/rad/ agencies. CFR 404.7. webrepor.html. Description of Respondents: State, Richard M. Parry, Jr., FOR FURTHER INFORMATION CONTACT: For Local, or Tribal Government. Assistant Administrator. information on the national feedlot Number of Respondents: 51. [FR Doc. 00–18768 Filed 7–24–00; 8:45 am] study and ongoing monitoring data collection activities, contact Ms. Marj Frequency of Responses: BILLING CODE 3410±03±P Swanson, Management Analyst, Centers Recordkeeping; reporting: Annually. for Epidemiology and Animal Health, Total Burden Hours: 38. DEPARTMENT OF AGRICULTURE VS, APHIS, 555 S. Howes, Fort Collins, Agency is requesting an emergency CO 80521; (970) 490–7978. For copies of approval by 7/31/00. Animal and Plant Health Inspection more detailed information on the Service information collection, contact Ms. Nancy B. Sternberg, Cheryl Groves, APHIS’ Information Departmental Clearance Officer. [Docket No. 00±054±1] Collection Coordinator, at (301) 734– [FR Doc. 00–18695 Filed 7–24–00; 8:45 am] Notice of Request for Approval of an 5086. BILLING CODE 3410±01±M Information Collection SUPPLEMENTARY INFORMATION: Title: National Animal Health Monitoring AGENCY: Animal and Plant Health System (Feedlot ’99 and Ongoing DEPARTMENT OF AGRICULTURE Inspection Service, USDA. Monitoring). ACTION: New information collection; Agricultural Research Service OMB Number: 0579–XXXX. comment request. Type of Request: Approval of a new Notice of Federal Invention Available information collection. SUMMARY: In accordance with the Abstract: The United States for Licensing and Intent To Grant Paperwork Reduction Act of 1995, this Exclusive License Department of Agriculture is notice announces the Animal and Plant responsible for protecting the health of Health Inspection Service’s intention to our nation’s livestock and poultry AGENCY: Agricultural Research Service, request approval of additional USDA. populations by preventing the information collections, Feedlot ’99 and importation and interstate spread of ACTION: Notice of availability and intent. Ongoing Monitoring, in support of the contagious, infectious, or communicable National Animal Health Monitoring diseases of livestock and poultry and for SUMMARY: Notice is hereby given that System. These collection activities will eradicating such diseases from the the soybean varieties designated include conducting a national study on United States when feasible. In ‘‘N6210,’’ ‘‘N7101,’’ N7102,’’ and feedlot cattle, increasing the number of connection with this mission, the ‘‘N7103’’ are available for licensing and participants in the sentinel feedlot Animal and Plant Health Inspection that the U.S. Department of Agriculture, monitoring study as part of our ongoing Service operates the National Animal Agricultural Research Service intends to monitoring, and collecting antimicrobial Health Monitoring System (NAHMS), grant to North Carolina State University susceptibility testing results from which collects, on a national basis, of Raleigh, North Carolina, an exclusive veterinary diagnostic laboratories as a statistically valid and scientifically license to these varieties. new component to ongoing monitoring. sound data on the prevalence and DATES: We invite you to comment on DATES: Comments must be received on economic importance of livestock and this docket. We will consider all or before October 23, 2000. poultry diseases. Information from these comments that we receive by September studies is disseminated and used by ADDRESSES: Send comments to: USDA, 25, 2000. livestock and poultry producers, ARS, Office of Technology Transfer, ADDRESSES: Please send your comment consumers, animal health officials, 5601 Sunnyside Avenue, Room 4–1158, and three copies to: Docket No. 00–054– private veterinary practitioners, animal Beltsville, Maryland 20705–5131. 1, Regulatory Analysis and industry groups, policymakers, public FOR FURTHER INFORMATION CONTACT: June Development, PPD, APHIS, Suite 3C03, health officials, the media, educational Blalock of the Office of Technology 4700 River Road, Unit 118, Riverdale, institutions, and others to improve Transfer at the Beltsville address given MD 20737–1238 agriculture’s productivity and above; telephone: 301–504–5257. Please state that your comment refers to competitiveness. Docket No. 00–054–1. NAHMS’ national studies have SUPPLEMENTARY INFORMATION: The You may read any comments that we evolved into a collaborative industry Federal Government’s intellectual receive on this docket in our reading and government initiative to help property rights to these inventions are room. The reading room is located in improve product quality and to assigned to the United States of room 1141 of the USDA South Building, determine the most effective means of America, as represented by the 14th Street and Independence Avenue, producing animal and poultry products. Secretary of Agriculture. The SW., Washington, DC. Normal reading We are the only agency responsible for prospective exclusive licenses will be room hours are 8 a.m. to 4:30 p.m., collecting national data on animal and royalty-bearing and will comply with Monday through Friday, except poultry health. Participation in any the terms and conditions of 35 U.S.C. holidays. To be sure someone is there to NAHMS study is voluntary, and all data 209 and 37 CFR 404.7. The prospective help you, please call (202) 690–2817 are confidential. exclusive licenses may be granted before coming. Feedlot ’99: The Feedlot ’99 study is unless, within ninety (90) days from the APHIS documents published in the NAHMS’ second national study of the date of this published Notice, the Federal Register, and related beef feedlot industry. The NAHMS’ Agricultural Research Service receives information, including the names of 1994 Cattle on Feed Evaluation results written evidence and argument which organizations and individuals who have provided producer-requested baseline establishes that the grant of the licenses commented on APHIS dockets, are information that will be used with would not be consistent with the available on the Internet at http:// Feedlot ’99 information to identify

VerDate 112000 10:42 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\25JYN1.SGM pfrm04 PsN: 25JYN1 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Notices 45749 trends in animal health and information collection activities. These DEPARTMENT OF AGRICULTURE management practices over the past 5 comments will help us: Food Safety and Inspection Service years. NAHMS is requesting approval to (1) Evaluate whether the information collect data from feedlot operators in the collection is necessary for the proper [Docket No. 00±014R] United States. The data collected performance of our Agency’s functions, through the national study will be used including whether the information will Announcement of and Request for to: (1) Describe the changes in have practical utility; Comment Regarding Industry Petition management practices and animal on Hazard Analysis and Critical health in feedlots from 1994 to 1999; (2) (2) Evaluate the accuracy of our Control Point (HACCP) Inspection describe management practices that estimate of the burden of the might affect product quality; (3) identify information collection, including the AGENCY: Food Safety and Inspection factors associated with shedding of validity of the methodology and Service, USDA. specific pathogens by feedlot cattle; (4) assumptions used; ACTION: Notice; reopening of comment describe antimicrobial usage in feedlots; period. (3) Enhance the quality, utility, and (5) describe animal health management clarity of the information to be practices in feedlots and the SUMMARY: The Food Safety and relationship to cattle health; and (6) collected; and Inspection Service (FSIS) is reopening identify priority areas for prearrival (4) Minimize the burden of the the comment period on a notice processing of cattle and calves. collection of information on those who published in the Federal Register on Sentinel Feedlot Monitoring: Sentinel are to respond, through use, as May 15, 2000, announcing and feedlot monitoring is a low-cost, high- appropriate, of automated, electronic, requesting comment on a petition impact method of continually mechanical, and other collection received by several trade associations monitoring the multibillion dollar cattle technologies, e.g., permitting electronic requesting FSIS to amend sections of its feeding industry for death and disease submission of responses. Hazard Analysis and Critical Control trends. NAHMS collects limited data Point (HACCP) regulations. The from private veterinary practitioners Estimate of burden: The public comment period will be reopened for 60 and uses it to assess the industry and reporting burden for this collection of days. This action is in response to a monitor for emerging issues. This information is estimated to average request received from the National ongoing monitoring activity originally 1.0364 hours per response. Advisory Committee on Meat and started with data being reported on 15 Respondents: Industry personnel, Poultry Inspection (NACMPI). percent of the cattle on feed in the private veterinary practitioners, DATES: Comments must be received on United States. NAHMS is requesting company and independent producers, or before September 12, 2000. that the number of cattle monitored be academicians, State veterinary medical ADDRESSES: Submit one original and increased to 20 percent. officers, State Public Health Officials as two copies of written comments to: FSIS Antimicrobial Susceptibility Testing well as other interested parties involved Docket Room, Docket #00–014E, Room Study: The ability of bacteria to resist with animal health and management 102 Cotton Annex Building, 300 12th the effects of antimicrobials has become practices in the United States. Street, SW., Washington, DC 20250– a global issue affecting both animal and 3700. All comments received in Estimated annual number of human health. Despite a growing response to this notice will be respondents: 4466. concern that antimicrobial resistance is considered part of the public record and affecting health, there is a lack of data Estimated annual number of will be available for viewing in the FSIS to monitor trends and make timely responses per respondent: 1.2651. Docket Room between 8:30 a.m. and decisions about antimicrobial selection 4:30 p.m., Monday through Friday. FSIS and use. An extensive amount of Estimated annual number of responses: 5,650. is making available side-by-side antimicrobial resistance testing is comparison documents on the FSIS carried out in veterinary diagnostic Estimated total annual burden on homepage at www.fsis.usda.gov. laboratories across the country but, to respondents: 5,856. (Due to rounding, FOR FURTHER INFORMATION CONTACT: date, has not been collected and the total annual burden hours may not Daniel L. Engeljohn, Director, analyzed. NAHMS is requesting equal the product of the annual number Regulations Development and Analysis approval to collect, aggregate, and of responses multiplied by the average Division, Food Safety and Inspection summarize data from the veterinary reporting burden per response.) diagnostic laboratories. The objectives Service, Washington, DC 20250–3700, of this study are to: (1) Survey All responses to this notice will be Telephone (202) 720–5627, FAX (202) diagnostic laboratories to determine summarized and included in the request 690–0486. how they conduct antimicrobial for OMB approval. All comments will SUPPLEMENTARY INFORMATION: On May resistance testing, store data, and if they also become a matter of public record. 15, 2000, FSIS published a notice in the would be willing to contribute data to Done in Washington, DC, this 18th day of Federal Register announcing the a central clearinghouse; and (2) initiate July 2000. availability of and requesting comment collection of data from a geographically Bobby R. Acord, on a petition received from a group of diverse sample of laboratories to test the trade associations (65 FR 30952). The Acting Administrator, Animal and Plant petition asked FSIS to amend sections of feasibility and usefulness of such a Health Inspection Service. system. the Hazard Analysis and Critical Control [FR Doc. 00–18691 Filed 7–24–00; 8:45 am] We are asking the Office of Point (HACCP) regulations (9 CFR Part Management and Budget (OMB) to BILLING CODE 3410±34±P 417). The petitioners argued that the approve these information collection changes would increase the activities. effectiveness of establishments’ HACCP The purpose of this notice is to solicit systems and would make the regulations comments from the public (as well as more consistent with the HACCP affected agencies) concerning these principles published in 1997 by the

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National Advisory Committee on Done at Washington, DC, on: July 20, 2000. 2000. Over 500 comment letters were Microbiological Criteria for Food Thomas J. Billy, received. All comments received from (NACMCF). However, the petition was Administrator. the January 4, 2000 scoping effort will submitted with no data or examples to [FR Doc. 00–18769 Filed 7–24–00; 8:45 am] be combined with comments received as support the requests being made. The BILLING CODE 3410±DM±P a result of this Notice of Intent. notice provided a 60-day comment Comments from both scoping efforts period, which ended on July 14, 2000. will be reviewed to identify potential DEPARTMENT OF AGRICULTURE issues for this analysis. Since the FSIS received a request from the previously received comments will be National Advisory Committee on Meat Forest Service incorporated into this analysis, and Poultry Inspection (NACMPI) to individuals who responded to the extend the comment period to allow the Motorized Trail Analysis and Parking January 4, 2000 scoping request need to petitioners more time to provide Area Development, Medicine Bow- provide comments at this time only if specific examples and data to support Routt National Forests, Jackson they wish to provide additional the recommendations they posed in County, Colorado information to what they previously their petition. The NACMPI also AGENCY: USDA, Forest Service. submitted. Written comments and requested that FSIS make available a set suggestions should be postmarked by ACTION: Notice of intent to prepare an of side-by-side documents discussing August 21, 2000 to receive Environmental Impact Statement. definitions, principles, procedures, and consideration. The estimated time for prerequisites of FSIS, the Food and Drug SUMMARY: The Forest Service will filing the draft EIS is October 2000 Administration, the NACMCF, and the prepare and Environmental Impact followed by the final decision in Codex Alimentarius Commission’s Statement (EIS) to assess and disclose February 2001. HACCP procedures. the environmental effects of ADDRESSES: Send written comments to In response to the requests, FSIS is determining the future status of Forest Charles T. Oliver, District Ranger, Parks reopening the comment period for 60 Development Trail (FDT) 1135 (Arapaho Ranger District, P.O. Box 158, Walden, days, making comments due September Ridge Trail) and creating trailhead Colorado, 80480. 12, 2000. Also, FSIS has prepared a set parking areas at both ends of the trail. FOR FURTHER INFORMATION CONTACT: of side-by-side documents which are FDT 1135 is located on the Routt Melissa Martin, Project Coordinator, now available on the FSIS homepage at National Forest in Jackson County, Medicine Bow-Routt National Forests, www.fsis.usda.gov and also in the FSIS Colorado. Trailhead parking areas 2468 Jackson Street, Laramie, Wyoming, Docket Room (see ADDRESSES). would be rough surfaced, approximately 82070. Telephone: (307) 745–2371. 2 acres in size, and would be built to SUPPLEMENTARY INFORMATION: Prior to Additional Public Notification accommodate horse trailers and other revision of the 1997 Routt National recreational parking. Informational Public awareness of all segments of Forest Plan, FDT 1135 was located signing, Interpretive Education bulletin rulemaking and policy development is entirely within a Forest Plan boards, and other area improvements Management Area that allowed important. Consequently, in an effort to may also be installed in the future. better ensure that minorities, women, motorized travel on designated routes. Installation of these amenities would be Consequently, the trail was managed to and persons with disabilities are aware based on public need and the Forest of this notice, FSIS will announce it and accommodate motorcycle use, as well as Service budget. other non-motorized uses. Following provide copies of this Federal Register The purpose and need for the publication in the FSIS Constituent revision of the Forest Plan, however, proposal is to determine whether or not most of the area through which FDT Update. FSIS provides a weekly FSIS motorized use is appropriate on FDT Constituent Update, which is 1135 runs was changed to a non- 1135. Currently, the area around and motorized Management Area communicated via fax to over 300 including FDT 1135 is in a non- prescription. As a result of this change, organizations and individuals. In motorized Forest Plan Management the middle portion (roughly 9 miles) of addition, the update is available on-line Area prescription. The analysis will the trail is now located in Forest Plan through the FSIS web page located at determine the appropriate use of the Management Area 1.32, Backcountry http://www.fsis.usda.gov. The update is trail, if user-conflicts or resource Recreation, Non-motorized with Limited used to provide information regarding impacts are occurring as a result of Motorized Use in Winter, whereas both FSIS policies, procedures, regulations, existing motorized use of the trail, and trailheads and roughly 3 miles of the Federal Register notices, FSIS public the types of amenities and parking areas trail are located in Management Area meetings, recalls, and any other types of needed at each trailhead. 5.13, Forest Products. Allowing information that could affect or would The Forest Service is giving notice motorized travel to continue on portions be of interest to our constituents/ that it is beginning a full environmental of the trail currently falling within the stakeholders. The constituent fax list analysis and decision-making process non-motorized prescription conflicts consists of industry, trade, and farm for this proposal so that potentially with the 1997 Routt National Forest groups, consumer interest groups, allied interested or affected individuals, Plan. health professionals, scientific agencies, or organizations can Proposed Action: The Forest Service professionals, and other individuals that participate in the process and contribute is proposing to close FDT 1135 to have requested to be included. Through to the final decision. All comments and motorized use; all other forms of non- these various channels, FSIS is able to suggestions on the scope of the analysis motorized recreation activities would provide information to a much broader, and decision-making process are continue to be allowed. The Forest more diverse audience. For more welcome. Service would also create trailhead information and to be added to the DATES: Public scoping to determine the parking areas at both ends of the trail. constituent fax list, fax your request to future status of FDT 1135 and to create The parking areas would be rough the Congressional and Public Affairs trailhead parking areas at both ends of surfaced, approximately 2 acres in size, Office, at (202) 720–5704. the trail was initiated on January 4, and would be built to accommodate

VerDate 112000 10:42 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\25JYN1.SGM pfrm04 PsN: 25JYN1 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Notices 45751 horse trailers and other recreational and monitoring requirements will be SUMMARY: The Intergovernmental parking. Informational signing, required. Advisory Committee will meet on Interpretive Education bulletin boards, Reviewer Obligations: The comment August 3, 2000, at the Embassy Suites and other area improvements may also period on the draft EIS will be 45 days Portland Downtown, 319 SW Pine be installed in the future. Installation of from the date the Environmental Street, Portland, Oregon 97204–2726. these amenities would be based on Protection Agency publishes the notice The purpose of the meeting is to public need and the Forest Service of availability in the Federal Register. continue discussions on the budget. The comment period is expected to end implementation of the Northwest Forest Preliminary Issues: The following August 21, 2000. Plan. The meeting will begin at 9:30 preliminary issues were identified as a Release of Names: Comments a.m. and continue until 3:30 p.m. result of the January 4, 2000 scoping received in response to this solicitation, Agenda items to be discussed include, effort: but are not limited to: briefings and • including names and addresses of those Implement the Revised Routt Forest who comment, will be considered part discussion on Monitoring efforts, the Plan by closing FDT 1135 to motorized of the public record on this Proposed Survey and Manage Draft Supplemental use. Environmental Impact Statement, and • Action and will be available for public Amend the Revised Routt Forest inspection. Comments submitted progress reports on ongoing Plan to allow continued motorized use. anonymously will be accepted and implementation issues. The IAC • Reduce the size of the proposed considered; however, those who submit meeting will be open to the public and parking areas. is fully accessible for people with • anonymous comments will not have Construct physical barriers to disabilities. Interpreters are available prevent motorized use of the trail. standing to appeal the subsequent • decision under 36 CFR parts 215 or 217. upon request in advance. Written User conflicts due to use of comments may be submitted for the motorized vehicles in back country Additionally, pursuant to 7 CFR 1.27 (d), any person may request the agency record at the meeting. Time will also be settings. scheduled for oral public comments. • User conflicts due to potentially to withhold a submission from the public record by showing how the Interested persons are encouraged to reduced motorized trail opportunities. attend. • Resource impacts from motorized Freedom of Information Act (FOLA) use of FDT 1135. permits such confidentiality. Persons FOR FURTHER INFORMATION CONTACT: • Impacts to roadless areas from requesting such confidentiality should Questions regarding this meeting may motorized use of FDT 1135. be aware that, under the FOLA, be directed to Curt Loop, Acting Preliminary Alternatives: The confidentiality may be granted in only Executive Director, Regional Ecosystem following preliminary alternatives were very limited circumstances, such as to Office, 333 SW 1st Avenue, P.O. Box developed in response to the issues protect trade secrets. The Forest Service 3623, Portland, OR 97208 (Phone: 502– identified above: will inform the requester of the agency’s 808–2180). (1) No Action: The Forest Service decision regarding the request for Dated: July 19, 2000. confidentiality, and where the request is would allow continued motorized use of Curtis A. Loop, the trail and would not amend the Routt denied, the agency will return the Acting Designated Federal Official. National Forest Plan. Trailhead parking submission and notify the requester that areas would not be created, and the comments may be resubmitted with [FR Doc. 00–18699 Filed 7–24–00; 8:45 am] informational signing and Interpretive or without name and address within ten BILLING CODE 3410±11±M Education bulletin boards would not be (10) days. installed. Responsible Official: Charles T. DEPARTMENT OF AGRICULTURE (2) Proposed Action: Please refer to Oliver, District Ranger; Parks Ranger the description above. District; Medicine Bow-Routt National Sunshine Act Meetings (3) Amend the Routt National Forest Forests; PO Box 158; Walden, CO 80480. Plan to allow continued motorized use As the Responsible Official, I will AGENCY: Rural Telephone Bank, USDA. of FDT 1135: The Forest Service would decide which, if any of the alternatives ACTION: Staff Briefing for the Board of amend the Routt National Forest Plan to to be described in the draft Directors. create a motorized Management Area Environmental Impact Statement will be corridor around FDT 1135. This action implemented. I will document the TIME AND DATE: 2 p.m., Thursday, August would change a linear portion of the decision and reasons for my decision in 3, 2000. currently non-motorized prescription to a Record of Decision. PLACE: Room 5030, South Building, one that accommodates motorized uses Dated: June 26, 2000. Department of Agriculture, 1400 in back country settings for roughly 100 Charles T. Oliver, Independence Avenue, SW., feet on either side of FDT 1135. The Washington, DC. Management Area change would affect District Ranger. STATUS: Open. roughly 9 miles of the trail. All other [FR Doc. 00–18127 Filed 7–24–00; 8:45 am] MATTERS TO BE DISCUSSED: activities associated with this BILLING CODE 3410±6M±M alternative would be identical to the 1. Current telecommunications industry proposed action. issues. Selection of this alternative would DEPARTMENT OF AGRICULTURE 2. Status of PBO planning. likely result in a significant amendment 3. Retirement of class A stock in FY Forest Service to the Routt National Forest Plan. 2000. Decisions to be Made: The 4. Annual class C stock dividend rate. Intergovernmental Advisory 5. Board of Directors, election. Responsible Official must decide which Committee Meeting alternative of those analyzed in the draft 6. Administrative issues. EIS to select for implementation. Based AGENCY: Forest Service, USDA. ACTION: Board of Directors Meeting. on the decision that is made, he will TIME AND DATE: 9 a.m., Friday August 4, ACTION: Notice of meeting. also decide what mitigation measures 2000.

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PLACE: Room 104–A, The Williamsburg site to include the Vantage International Republic of China (‘‘PRC’’) would be Room, Department of Agriculture, 12th Pointe Industrial Park (158 acres) likely to lead to continuation or & Jefferson Drive, SW., Washington, DC. located at 6300 Lockport Road, recurrence of dumping (65 FR 36405). STATUS: Open. Wheatfield, adjacent to the airport site. On July 12, 2000, the International Trade Commission (‘‘the Commission’’), MATTERS TO BE CONSIDERED: The The park is owned by the Niagara following matters have been placed on County Industrial Development Agency. pursuant to section 751(c) of the Act, the agenda for the Board of Directors No specific manufacturing requests are determined that revocation of the meeting: being made at this time. Such requests antidumping duty order on Glycine would be made to the Board on a case- from PRC would be likely to lead to 1. Call to order. by-case basis. continuation or recurrence of material 2. Action on Minutes of the May 12, In accordance with the Board’s injury to an industry in the United 2000, board meeting. regulations, a member of the FTZ Staff States within a reasonably foreseeable 3. Report on loans approved in the third has been designated examiner to time (65 FR 43037). Therefore, pursuant quarter of FY 2000. investigate the application and report to to 19 CFR 351.218(f)(4), the Department 4. Report on third quarter financial the Board. is publishing notice of the continuation activity for FY 2000. Public comment is invited from of antidumping duty order on Glycine 5. Privatization Committee report. interested parties. Submissions (original from the PRC. 6. Consideration of resolution to retire and 3 copies) shall be addressed to the EFFECTIVE DATE: July 25, 2000. class A stock in FY 2000. Board’s Executive Secretary at the FOR FURTHER INFORMATION CONTACT: Eun 7. Consideration of resolution to set address below. The closing period for W. Cho or James Maeder, Office of annual class C stock dividend rate. their receipt is September 25, 2000. Policy for Import Administration, 8. Final dates for receipt and tabulation Rebuttal comments in response to International Trade Administration, of nominations. material submitted during the foregoing U.S. Department of Commerce, 14th 9. Adjournment. period may be submitted during the Street and Constitution Ave., NW, CONTACT PERSON FOR MORE INFORMATION: subsequent 15-day period (to October 9, Washington, D.C. 20230; telephone: Roberta D. Purcell, Assistant Governor, 2000). (202) 482–1698 or (202) 482–3330, Rural Telephone Bank, (202) 720–9554. A copy of the application and respectively. Dated: July 20, 2000. accompanying exhibits will be available SUPPLEMENTARY INFORMATION: Roberta D. Purcell, for public inspection at each of the Background Acting Governor, Rural Telephone Bank. following locations: [FR Doc. 00–18849 Filed 7–20–00; 5:02 pm] U.S. Department of Commerce, Export On February 3, 2000, the Department BILLING CODE 3410±15±M Assistance Center 111 West Huron initiated, and the Commission Street, Room 1304, Buffalo, NY 14202. instituted, sunset reviews (65 FR 5308 Office of the Executive Secretary, and 65 FR 5371, respectively) of the DEPARTMENT OF COMMERCE Foreign-Trade Zones Board, U.S. antidumping duty order on glycine from Department of Commerce, 14th & the PRC, pursuant to section 751(c) of Foreign-Trade Zones Board Pennsylvania Avenue, NW, the Act. As a result of its review, the Washington, DC 20230. Department found that revocation of the [Docket 37±2000] Dated: July 18, 2000. antidumping duty order would be likely lead to continuation or recurrence of Foreign-Trade Zone 34ÐNiagara Dennis Puccinelli, dumping and notified the Commission County, New York Application for Executive Secretary. Expansion of the magnitude of the margins likely [FR Doc. 00–18807 Filed 7–24–00; 8:45 am] to prevail were the order to be revoked.1 An application has been submitted to BILLING CODE 3510±DS±P On July 12, 2000, the Commission the Foreign-Trade Zones Board (the determined, pursuant to section 751(c) of the Act, that revocation of the Board) by the County of Niagara, New DEPARTMENT OF COMMERCE York, grantee of FTZ 34, requesting antidumping duty order on glycine from authority to expand its general-purpose International Trade Administration the PRC would be likely to lead to zone site to include an additional parcel continuation or recurrence of material in Wheatfield, New York. The [A±570±836] injury to an industry in the United application was submitted pursuant to States within a reasonably foreseeable Continuation of Antidumping Duty the provisions of the Foreign-Trade time (see, Glycine From China, 65 FR Order: Glycine from the People's Zones Act, as amended (19 U.S.C. 81a- 43037 (July 12, 2000) and USITC Republic of China 81u), and the regulations of the Board Publication 3315, Investigation No. 731– (15 CFR Part 400). It was formally filed AGENCY: Import Administration, TA–718 (Review) (June 2000)). on July 17, 2000. International Trade Administration, Scope FTZ 34 was approved on November Department of Commerce. The product covered by this order is 29, 1977 (Board Order 125, 42 FR 61489, ACTION: Notice of continuation of 12/5/77), relocated on January 27, 1983 glycine, which is a free-flowing antidumping duty orders: Glycine from crystalline material, like salt or sugar. (Board Order 203, 48 FR 5771, 2/8/83), the People’s Republic of China and expanded on October 28, 1993 Glycine is produced at varying levels of (Board Order 662, 58 FR 59236, 11/8/ SUMMARY: On June 8, 2000 the purity and is used as a sweetener/taste 93). The zone project currently consists Department of Commerce (‘‘the enhancer, a buffering agent, re- of 183 acres at the Niagara Falls Department’’), pursuant to sections absorbable amino acid, chemical International Airport in Niagara County 751(c) and 752 of the Tariff Act of 1930, 1 See Glycine From the People’s Republic of (Town of Wheatfield), New York. as amended (‘‘the Act’’), determined China; Final Results of Expedited Sunset Review of The applicant is now requesting that revocation of the antidumping duty Antidumping Duty Order, 65 FR 36405 (June 8, authority to expand the existing zone order on glycine from the People’s 2000).

VerDate 112000 10:42 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\25JYN1.SGM pfrm04 PsN: 25JYN1 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Notices 45753 intermediate, and a metal complexing paint brushes and brush heads from the respondents Hunan and Founder. The agent. Glycine is currently classified People’s Republic of China. Department has now completed this under subheading 2922.49.4020 of the review in accordance with section 751 SUMMARY: On March 15, 2000, the Harmonized Tariff schedule of the of the Act. United States (‘‘HTSUS’’). The scope of Department of Commerce (the this order includes glycine of all purity Department) published the preliminary Scope of Review results of its administrative review of levels. In a separate scope ruling, the Imports covered by this review are Department determined that the antidumping duty order on natural shipments of natural bristle paint D(-)PhenylglycineEthyl Dane Salt is bristle paint brushes and brush heads brushes and brush heads from the PRC. outside the scope of the order.2 from the People’s Republic of China Excluded from the review are paint Although the HTSUS subheadings are (PRC). This administrative review covers the period February 1, 1998 provided for convenience and customs brushes and brush heads with a blend through January 31, 1999. purposes, our written description of the of 40% natural bristles and 60% Based on our analysis of the scope of this proceeding is dispositive. synthetic filaments. The merchandise comments received, we have made under review is currently classifiable Determination changes to the margin calculations. under item 9603.40.40.40 of the Therefore, the final results differ from As a result of the determinations by Harmonized Tariff Schedule of the the preliminary results. The final the Department and the Commission United States (HTSUS). Although the weighted-average dumping margins for that revocation of these antidumping HTSUS subheading is provided for the reviewed firms are listed below in duty orders would be likely to lead to convenience and customs purposes, the the section entitled ‘‘Final Results of continuation or recurrence of dumping Review.’’ Department’s written description of the and material injury to an industry in the merchandise is dispositive. United States, pursuant to section EFFECTIVE DATE: July 25, 2000. 751(d)(2) of the Act, the Department FOR FURTHER INFORMATION CONTACT: Analysis of Comments Received Sarah Ellerman or Maureen Flannery, hereby orders the continuation of the All issues raised in the case and Antidumping/Countervailing Duty antidumping duty orders on glycine rebuttal briefs by parties to this from the PRC. The Department will Enforcement, Import Administration, administrative review are addressed in instruct the U.S. Customs Service to International Trade Administration, the ‘‘Issues and Decision Memorandum’’ continue to collect antidumping and U.S. Department of Commerce, 14th (Decision Memo) from Joseph A. countervailing duty deposits at the rates Street and Constitution Avenue, NW., in effect at the time of entry for all Washington, DC 20230; telephone (202) Spetrini, Deputy Assistant Secretary for imports of subject merchandise. The 482–4106 or (202) 482–3020, Import Administration, to Troy H. effective date of continuation of this respectively. Cribb, Acting Assistant Secretary for Import Administration, dated July 14, order will be the date of publication in Applicable Statute the Federal Register of this Notice of 2000, which is hereby adopted by this Continuation. Pursuant to section Unless otherwise indicated, all notice. A list of the issues which parties 751(c)(2) and 751(c)(6) of the Act, the citations to the statute are references to have raised and to which we have Department intends to initiate the next the provisions effective January 1, 1995, responded, all of which are in the five-year review of these orders not later the effective date of the amendments Decision Memo, is attached to this than June 2005. made to the Tariff Act of 1930 (the Act) notice as an appendix. Parties can find by the Uruguay Round Agreements Act. a complete discussion of all issues Dated: July 19, 2000. In addition, unless otherwise indicated, raised in this review and the Troy H. Cribb, all citations to the Department’s corresponding recommendations in this Acting Assistant Secretary for Import regulations are to the provisions Administration. codified at 19 CFR part 351 (1998). public memorandum which is on file in [FR Doc. 00–18808 Filed 7–24–00; 8:45 am] the Central Records Unit, room B–099 of Background the main Department building (B–099). BILLING CODE 3510±DS±P On March 15, 2000, the Department In addition, a complete version of the published the preliminary results of Decision Memo can be accessed directly DEPARTMENT OF COMMERCE review of the antidumping duty order on the Web at http://ia.ita.doc.gov. The on natural bristle paint brushes and paper copy and electronic version of the International Trade Administration brush heads from the PRC (65 FR Decision Memo are identical in content. 13944). We received surrogate value [A±570±501] comments from respondent Hebei Changes Since the Preliminary Results Founder Import & Export Company Natural Bristle Paint Brushes and Based on our analysis of comments (Founder) and the Paint Applicator Brush Heads From the People's received, we have made certain changes Division of the American Brush Republic of China: Final Results of in the margin calculations for Hunan Manufacturers Association (petitioner) Antidumping Duty Administrative and Founder. Any alleged programming on April 3 and 4, 2000 respectively. On Review or clerical errors are discussed in the April 14, 2000 we received rebuttal relevant sections of the Decision Memo, AGENCY: Import Administration, comments regarding surrogate values accessible in room B–099 and on the International Trade Administration, from respondent Hunan Provincial Web at http://ia.ita.doc.gov. U.S. Department of Commerce. Native Produce & Animal By-Products ACTION: Notice of final results of Import and Export Corp. (Hunan). On Final Results of Review administrative review: natural bristle April 24, 2000, we received comments regarding our preliminary calculations We determine that the following weighted-average margins exist for the 2 See Notice of Scope Rulings, 62 FR 62288 on behalf of the petitioner and Founder. (November 21, 1997). We note that scope ruling are On May 2, 2000, we received rebuttal period February 1, 1998 through January made on an order-wide basis. comments from petitioner and 31, 1999:

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We are issuing and publishing this The Petitions Manufacturer/exporter Margin (percent) determination and notice in accordance On June 28, 2000, the Department of with sections 751 and 777(i) of the Act. Hunan Provincial Native Commerce (the Department) received Produce & Animal By-Prod- Dated: July 13, 2000. petitions filed in proper form by the ucts Import & Export Corp. ... 0.00 Troy H. Cribb, Rebar Trade Action Coalition (RTAC), as Hebei Founder Import & Export Acting Assistant Secretary for Import well as its individual members 1 Company ...... 30.02 Administration. (hereinafter collectively, the petitioner). RTAC is an ad hoc trade association, the Cash Deposit Requirements Appendix—List of Issues members of which are producers of the The following deposit requirements 1. Factor Valuation and Usage Rates domestic like product in the alleged will be effective upon publication of A. Surrogate Values of Material Inputs region. The Department received from B. Material Input Weights this notice of final results of RTAC information supplementing the C. Wooden Core petitions throughout the 20-day administrative review for all shipments D. Inflation of Surrogate Values of natural bristle paint brushes and initiation period. 2. Non Bona Fide Sale In accordance with section 732(b) of brush heads from the PRC entered, or 3. Scope withdrawn from warehouse, for 4. Clerical Errors the Act, the petitioner alleges that consumption on or after the date of imports of steel concrete reinforcing [FR Doc. 00–18810 Filed 7–24–00; 8:45 am] publication, as provided by section bars (rebar) from Austria, Belarus, 751(a)(2)(C) of the Act: (1) The cash BILLING CODE 3510±DS±P Indonesia, Japan, the Republic of Korea deposit rates for the reviewed (Korea), Latvia, Moldova, the People’s Republic of China (the PRC), Poland, the companies will be the rates shown DEPARTMENT OF COMMERCE above except that, for firms whose Russian Federation (Russia), Ukraine, and Venezuela are being, or are likely to weighted-average margins are less than International Trade Administration 0.5 percent and therefore de minimis, be, sold in the United States at less than the Department shall require no deposit fair value within the meaning of section [A±433±808, A±822±804, A±570±860, A±560± of estimated antidumping duties; (2) for 731 of the Act, and that such imports 811, A±588±855, A±580±844, A±449±804, A± are materially injuring an industry in previously-reviewed PRC and non-PRC 841±804, A±455±803, A±821±812, A±823± exporters with separate rates, the cash 809, A±307±819] the United States. deposit rate will be the company- The Department finds that the specific rate established for the most Initiation of Antidumping Duty petitioner filed these petitions on behalf recent period; (3) for all other PRC Investigations: Steel Concrete of the domestic industry because it is an exporters, the cash deposit rate will be Reinforcing Bars From Austria, interested party as defined in section the PRC-wide rate, 351.92 percent; and Belarus, Indonesia, Japan, Latvia, 771(9)(C) of the Act and has (4) for all other non-PRC exporters of the Moldova, the People's Republic of demonstrated sufficient industry subject merchandise, the cash deposit China, Poland, the Republic of Korea, support with respect to each of the rate will be the rate applicable to the the Russian Federation, Ukraine, and antidumping investigations that it is PRC supplier of that exporter. Venezuela requesting the Department to initiate These deposit requirements shall (see the following section below). AGENCY: Import Administration, remain in effect until publication of the Determination of Industry Support for International Trade Administration, final results of the next administrative the Petitions review. Department of Commerce. The petitioner alleges that there is a This notice serves as a final reminder ACTION: Initiation of Antidumping Duty regional industry for the domestic like to importers of their responsibility Investigations. under 19 CFR 351.402(f) to file a product and included data for both factors required by section 771(4)(C) of certificate regarding the reimbursement EFFECTIVE DATE: July 25, 2000. of antidumping duties prior to the Act: (1) The producers within such FOR FURTHER INFORMATION CONTACT: liquidation of the relevant entries market sell all or almost all of their Charles Riggle or Tom Futtner at (202) during this review period. Failure to production of the like product in 482–0650 and (202) 482–3814, comply with this requirement could question in the regional market; and (2) respectively; Import Administration, result in the Secretary’s presumption the demand in the regional market is not International Trade Administration, that reimbursement of antidumping supplied, to any substantial degree, by U.S. Department of Commerce, 14th duties occurred and subsequent producers located elsewhere in the Street and Constitution Avenue, NW, 2 assessment of double antidumping United States. Moreover, the petitioner Washington, DC 20230. duties. included data supporting its allegation This notice also serves as a reminder Initiation of Investigations that there is a concentration of dumped to parties subject to administrative protective order (APO) of their The Applicable Statute and Regulations 1 AmeriSteel; Auburn Steel Co., Inc.; Birmingham Steel Corp.; Border Steel, Inc.; Marion Steel responsibility concerning the Unless otherwise indicated, all Company; Riverview Steel; Nucor Steel and CMC disposition of proprietary information citations to the statute are references to Steel Group. Auburn Steel Co. is not a petitioner in disclosed under APO in accordance the provisions effective January 1, 1995, the investigations involving rebar from Japan and with section 351.305(a)(3) of the the effective date of the amendments Indonesia. Department’s regulations. Timely 2 The region identified by the petitioner consists made to the Tariff Act of 1930 (the Act) of Alabama, Arkansas, Connecticut, Delaware, the written notification of the return/ by the Uruguay Round Agreements Act District of Columbia, Florida, Georgia, , destruction of APO materials or (URAA). In addition, unless otherwise Indiana, Kentucky, Louisiana, Maine, Maryland, conversion to judicial protective order is indicated, all citations to the Massachusetts, Michigan, Mississippi, Missouri, hereby requested. Failure to comply New Jersey, New York, North Carolina, Ohio, Department’s regulations are references Pennsylvania, Puerto Rico, Rhode Island, South with the regulations and the terms of an to the provisions codified at 19 CFR Part Carolina, Tennessee, Texas, Vermont, Virginia, APO is a sanctionable violation. 351 (2000). West Virginia, and Wisconsin.

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United States (HTSUS) under item reasonably available to it, sufficient to While both the Department and the number 7214.20.00 or any other tariff justify initiation based on a regional ITC must apply the same statutory item number. Specifically excluded are industry analysis. We determined the plain rounds (i.e., non-deformed or accuracy and adequacy of the definition regarding the domestic like smooth bars) and rebar that has been petitioner’s data by comparing the product (section 771(10) of the Act), further processed through bending or petition information with publicly they do so for different purposes and coating. HTSUS subheadings are available data. On this basis, we have pursuant to separate and distinct provided for convenience and Customs determined that the petitioner satisfied authorities. In addition, the purposes. The written description of the the statutory requirements for initiation Department’s determination is subject to scope of this proceeding is dispositive. purposes. See Initiation Checklist, dated limitations of time and information. During our review of the petitions, we July 18, 2000 (Initiation Checklist), Although this may result in different discussed the scope with the petitioner which is on file in Import definitions of the like product, such to ensure that it accurately reflects the Administration’s Central Records Unit. differences do not render the decision of If the petitioner alleges that the either agency contrary to the law.4 product for which the domestic industry industry is a regional industry, the is seeking relief. Moreover, as discussed Section 771(10) of the Act defines the in the preamble to the Department’s Department, on the basis of production domestic like product as ‘‘a product in the region, shall determine whether regulations (62 FR 27323), we are setting which is like, or in the absence of like, aside a period for parties to raise issues the petition has been filed on behalf of most similar in characteristics and uses the domestic industry by applying the regarding product coverage. The with, the article subject to an Department encourages all parties to requirements enunciated in section investigation under this subtitle.’’ Thus, 732(c)(4)(A) of the Act. This section of submit such comments by August 18, the reference point from which the 2000. Comments should be addressed to the Act provides that the Department’s domestic like product analysis begins is industry support determination, which Import Administration’s Central ‘‘the article subject to an investigation,’’ is to be made before the initiation of the Records Unit at Room 1870, U.S. i.e., the class or kind of merchandise to investigation, be based on whether a Department of Commerce, 14th Street be investigated, which normally will be minimum percentage of the relevant and Constitution Avenue, NW, the scope as defined in the petition. regional industry supports the petition. Washington, DC 20230. The period of A petition meets this requirement if the The domestic like product referred to scope consultations is intended to domestic producers or workers who in the petitions is the single domestic provide the Department with ample support the petition account for: (1) At like product defined in the ‘‘Scope of opportunity to consider all comments least 25 percent of the total production Investigations’’ section, below. No party and consult with parties prior to the of the domestic like product in the has commented on the petitions’ issuance of the preliminary region; and (2) more than 50 percent of definition of the domestic like product, determinations. the production of the domestic like and there is nothing on the record to Export Price and Normal Value product in the region produced by that indicate that this definition is portion of the industry expressing inaccurate. The Department, therefore, The following are descriptions of the support for, or opposition to, the has adopted the domestic like product allegations of sales at less than fair value petition. definition set forth in the petitions. upon which the Department based its Section 771(4)(A) of the Act defines decision to initiate these investigations. Moreover, the Department has the ‘‘industry’’ as the producers of a The sources of data for the deductions determined that the petitions contain domestic like product. Thus, to and adjustments relating to home adequate evidence of industry support; determine whether the petition has the market price, U.S. price, and factors of therefore, polling is unnecessary (see requisite industry support, the statute production (FOP) are detailed in the directs the Department to look to Initiation Checklist). For each petition Initiation Checklist. Where the producers and workers who produce the filed, the petitioner established industry petitioner obtained data from foreign support representing over 50 percent of market research, we spoke to the 3 To date, the International Trade Commission total production of the domestic like researcher to establish that person’s has not considered the issue of whether to product in the region. Accordingly, the credentials and to confirm the validity cumulatively assess the volume and effect of Department determines that these of the information being provided. imports under section 771(7)(G)(i) of the Act in a petitions are filed on behalf of the regional industry case, where the petition alleges Should the need arise to use any of this dumping of imports from more than one country. regional domestic industry within the information as facts available under As a result, this case presents a novel question of meaning of section 732(b)(1) of the Act.5 section 776 of the Act in our whether to reach the cumulation issue before determining whether the subject imports were preliminary or final determinations, we sufficiently concentrated within the alleged region, 4 See Algoma Steel Corp. Ltd., v. United States, may re-examine the information and or whether to consider the concentration issue for 688 F. Supp. 639, 642–44 (CIT 1988); High revise the margin calculations, if Information Content Flat Panel Displays and each individual country, pursuant to section appropriate. 771(4)(C) of the Act. Either method is a plausible Display Glass from Japan: Final Determination; interpretation of the statute. For purposes of these Rescission of Investigation and Partial Dismissal of Regarding the investigations involving initiations, in our analysis of whether subject Petition, 56 FR 32376, 32380–81 (July 16, 1991). non-market economies (NME), the imports were sufficiently concentrated under 5 We note that, even if the petitions did not allege Department presumes, based on the section 771(4)(C) of the Act, we will accept the a regional market for the subject merchandise, extent of central government control in petitioner’s allegation of injury based on the industry support for these petitions represents more cumulative assessment of the volume and value of than 50 percent of national production of the an NME, that a single dumping margin, imports under section 771(7)(G)(i) of the Act. domestic like product. should there be one, is appropriate for

VerDate 112000 10:42 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\25JYN1.SGM pfrm04 PsN: 25JYN1 45756 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Notices all NME exporters in the given country. based on the FOP methodology surrogate values that fell outside the In the course of these investigations, all pursuant to section 773(c) of the Act. In anticipated period of investigation parties will have the opportunity to accordance with section 771(18)(C) of (POI), which in the NME cases was provide relevant information related to the Act, any determination that a foreign October 1, 1999 through March 31, the issues of a country’s NME status and country has at one time been considered 2000, were adjusted for inflation. For the granting of separate rates to an NME shall remain in effect until electricity, we recalculated the inflator individual exporters. See, e.g., Final revoked. This status covers the using the wholesale price index. To Determination of Sales at Less Than geographic area of the former U.S.S.R., determine depreciation, SG&A, interest Fair Value: Silicon Carbide from the each part of which retains the NME expenses, and profit, the petitioner PRC, 59 FR 22585 (May 2, 1994). status of the former U.S.S.R. Therefore, relied on the data from a 1999 annual Belarus will be treated as an NME report of Sahaviriya Steel Industries Austria unless and until its NME status is Public Company Limited, a Thai steel Export Price revoked (see Preliminary Determination producer. Based on the information of Sales at Less Than Fair Value: The petitioner based export price (EP) provided by the petitioner, we believe Uranium from Kazakhstan, Kyrgyzstan, on the March 2000 unit value reported that the surrogate values represent Russia, Tajikistan, Ukraine, and in the Bureau of the Census IM–145 data information reasonably available to the Uzbekistan, 57 FR 23380 (June 3, 1992)). petitioner and are acceptable for and calculated a net U.S. price by For NV, the petitioner based the FOP, deducting from this value international purposes of initiating this investigation. as defined by section 773(c)(3) of the Based on comparisons of EP to NV, freight, U.S. port charges, and customs Act, on the consumption rates of two duties paid. the petitioner calculated estimated U.S. rebar producers. The petitioner dumping margins ranging from 49.06 to Normal Value asserts that information regarding 56.48 percent. BSW’s consumption rates is not The petitioner based normal value Indonesia (NV) on two methodologies. First, the available, and that the consumption rates of the two U.S. producers are petitioner provided an Austrian Export Price typical of the global steel industry. domestic price of high yield rebar Based on the information provided by The petitioner based EP on price obtained from an industry publication. the petitioner, we believe that the quotes from PT Jakarta Kyoei Steel However, because of the lack of petitioner’s FOP methodology Works Ltd. (Jakarta Kyoei) to an specificity of the terms of sale represents information reasonably unaffiliated U.S. purchaser for different associated with this price, we have not available to the petitioner and is grades and sizes of rebar, and calculated considered this value as a basis for NV. appropriate for purposes of initiating a net U.S. price by deducting foreign The petitioner also based NV on this investigation. inland frieght, international freight, and constructed value (CV), consisting of The petitioner asserts that Thailand is Indonesian and U.S. port charges. cost of manufacturing (COM), selling, the most appropriate surrogate country Normal Value general and administrative expenses for Belarus, claiming that Thailand is: (SG&A), profit, interest expense, (1) A market economy; (2) a significant With respect to NV, the petitioner depreciation, and packing. COM was producer of comparable merchandise; provided a home market price that was calculated based on the average and (3) at a level of economic obtained from foreign market research consumption rates of two U.S. rebar development comparable to Belarus in for a grade and size of rebar that is producers. The petitioner adjusted COM terms of per capita GNP. Based on the comparable to those of the products for known cost differences of the information provided by the petitioner, exported to the United States which producers in the United States and we believe that the petitioner’s use of serve as the basis for EP. The petitioner Austria. To calculate SG&A and interest Thailand as a surrogate country is states that the home market price expense, the petitioner relied upon its appropriate for purposes of initiating quotation was FOB mill and did not own data because the Austrian this investigation. make any deductions from this price. producer’s financial statements did not In accordance with section 773(c)(4) Although the petitioner provided a disclose these expenses. The petitioner of the Act, the petitioner valued FOP, margin based on a price-to-price derived profit based upon an Austrian where possible, on reasonably available, comparison, it also provided rebar producer’s 1998 financial public surrogate country data from information demonstrating reasonable statements. Thailand. Values for scrap steel and the grounds to believe or suspect that sales Based upon the comparison of CV to scrap offset were based on Thai import of rebar in the home market were made EP, the petitioner calculated an prices listed in TradStat Import/Exports at prices below the fully absorbed COP, estimated dumping margin of 104.05 Report for the period October 1999 within the meaning of section 773(b) of percent. through March 2000. The value for the Act, and requested that the Belarus electricity was obtained from the Department conduct a country-wide International Energy Agency’s Energy sales-below-cost investigation. Export Price Prices & Taxes, Fourth Quarter 1999. Pursuant to section 773(b)(3) of the The petitioner based EP on price The natural gas value was taken from Act, COP consists of the COM, SG&A, quotes from Byelorussian Steel Works Coal and Natural Gas Competition in and packing. The petitioner calculated (BSW) to an unaffiliated U.S. purchaser APEC Economies, August 1999. Labor COM based on the consumption rates of for different sizes of rebar of the same was valued using the Department’s a U.S. rebar producer. The petitioner grade and calculated a net U.S. price by regression-based wage rate for Belarus, adjusted COM for known differences in deducting international freight and U.S. in accordance with 19 CFR the production process used by port charges. 351.408(c)(3). producers in the United States and The petitioner valued other Indonesia. To calculate depreciation Normal Value production costs, for which no Thai and SG&A, the petitioner relied upon The petitioner alleges that Belarus is surrogate values were available, with amounts reported in Jakarta Kyoei’s an NME country, and calculated NV values from the two U.S. producers. All 1998 financial statements. For interest

VerDate 112000 10:42 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\25JYN1.SGM pfrm04 PsN: 25JYN1 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Notices 45757 expense, the petitioner used Jakarta inland freight and home market credit Normal Value Kyoei’s 1997 financial statements, expense. The petitioner alleges that Latvia is an explaining that the 1998 interest Although the petitioner provided a NME country, and calculated NV based expenses were unreasonably high as a margin based on a price-to-price on the FOP methodology pursuant to result of the financial crisis. comparison, it also provided section 773(c) of the Act. For the Based upon the comparison of the information demonstrating reasonable reasons described above for Belarus, adjusted prices of the foreign like grounds to believe or suspect that sales Latvia will be treated as an NME unless product in the home market to the of rebar in the home market were made and until its NME status is revoked. calculated COP of the product, we find at prices below the fully absorbed COP, Given that information regarding reasonable grounds to believe or suspect within the meaning of section 773(b) of Liepaja’s consumption rates is not that sales of the foreign like product the Act, and requested that the available, NV was calculated using the were made below the COP, within the Department conduct a country-wide same methodology described above for meaning of section 773(b)(2)(A)(i) of the sales-below-cost investigation. Belarus. Further, Thailand was used as Act. Accordingly, the Department is Pursuant to section 773(b)(3) of the the surrogate country. We believe that initiating a country-wide cost Act, COP consists of the COM, SG&A, Thailand is an appropriate surrogate for investigation. See the Initiation of Cost interest expenses, and packing. The purposes of initiating this case with Investigations section below. petitioner calculated COM based on the respect to Latvia for the same reasons as Pursuant to sections 773(a)(4), 773(b) consumption rates of a U.S. rebar discussed above with respect to Belarus. Based on comparisons of EP to NV, and 773(e) of the Act, the petitioner also producer. The petitioner adjusted COM the petitioner calculated estimated based NV for sales in Indonesia on CV. for known differences in the production dumping margins ranging from 45.52 to The petitioner calculated CV using the process used by producers in the United 58.40 percent. same COM, depreciation, SG&A, and States and Japan. To calculate interest expense figures used to depreciation, SG&A, and interest Moldova compute Indonesian home market costs. expenses, the petitioner relied upon the Export Price Consistent with section 773(e)(2) of the 1999 financial statements of Tokyo Steel Act, the petitioner included in CV an Manufacturing Company (Tokyo Steel) The petitioner based EP on a price amount for profit. However, the profit because it was unable to locate public quote from Moldova Steel Works (MSW) amounted to zero because Jakarta Kyoei financial statements for Kyoei. Based to an unaffiliated U.S. purchaser for reported a loss on its 1998 financial upon the comparison of the price of the different grades and sizes of rebar, and statements. See, e.g., Initiation of foreign like product in the home market calculated a net U.S. price by deducting Antidumping Duty Investigations: to the calculated COP of the product, we foreign inland freight, international Certain Cold-Rolled Flat-Rolled Carbon- find reasonable grounds to believe or freight, and U.S. port charges. Quality Steel Products From Argentina, suspect that sales of the foreign like Normal Value Brazil, the People’s Republic of China, product were made below the COP, Indonesia, Japan, the Russian within the meaning of section The petitioner alleges that Moldova is Federation, Slovakia, South Africa, 773(b)(2)(A)(i) of the Act. Accordingly, an NME country, and constructed NV Taiwan, Thailand, Turkey, and the Department is initiating a country- based on the FOP methodology Venezuela, 64 FR 34194, 34202 (June wide cost investigation. See the pursuant to section 773(c) of the Act. 25, 1999) (Petitioners added to CV no Initiation of Cost Investigations section For the reasons described above for amount for profit, because the Thai steel below. Belarus, Moldova will be treated as an producer reported a loss in its 1998 NME unless and until its NME status is financial statements). Pursuant to sections 773(a)(4), 773(b) revoked. and 773(e) of the Act, the petitioner also Based upon the comparison of CV to Given that information regarding based NV for sales in Japan on CV. The EP, the petitioner has calculated an MSW’s consumption rates is not petitioner calculated CV using the same estimated dumping margin of 71.01 available, NV was calculated using the COM, depreciation, SG&A, and interest percent. same methodology described above for expense figures used to compute Belarus, except that Indonesia, rather Japan Japanese home market costs. Pursuant to than Thailand, was used as the section 773(e)(2) of the Act, the Export Price surrogate country for valuing the FOP. petitioner included in CV an amount for The petitioners assert that Indonesia is The petitioner based EP on a price profit. However, the profit amounted to the most appropriate surrogate country quote from Kyoei Steel Ltd. (Kyoei), to zero because Tokyo Steel reported a loss for Moldova because Indonesia is: (1) A an unaffiliated U.S. purchaser for two on its 1998 financial statement. market economy country; (2) a grades and sizes of rebar, and calculated Based upon the comparison of CV to significant producer of comparable a net U.S. price by deducting foreign EP, the petitioner has calculated an merchandise; and (3) at a level of inland freight, international freight, U.S. estimated dumping margin of 188.79 economic development comparable to port charges, and customs duties paid. percent. Moldova in terms of per capita GNP. Normal Value Based on the information provided by Latvia the petitioner, we believe that the With respect to NV, the petitioner Export Price petitioner’s use of Indonesia as a provided a home market price that was surrogate country is appropriate for obtained from foreign market research The petitioner based EP on a price purposes of initiating this investigation. for grades and sizes of rebar that are quote from Liepaja Metalurgs (Liepaja) In accordance with section 773(c)(4) comparable to the products exported to to an unaffiliated U.S. purchaser for of the Act, the petitioner valued FOP, the United States which serve as the different grades and sizes of rebar, and where possible, on reasonably available, basis for EP. The petitioner calculated calculated a net U.S. price by deducting public surrogate country data from an ex-factory NV by deducting from the international freight and Latvian and Indonesia. Values for scrap steel and the quoted home market price foreign U.S. port charges. scrap offset were based on Indonesian

VerDate 112000 10:42 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\25JYN1.SGM pfrm04 PsN: 25JYN1 45758 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Notices import prices listed in TradStat Import/ Given that information regarding 773(b)(2)(A)(i) of the Act. Accordingly, Exports Report for the period October Laiwu’s consumption rates is not the Department is initiating a country- 1999 through March 2000. The values available, NV was calculated using the wide cost investigation. See the for electricity and gas were obtained same methodology described above for Initiation of Cost Investigations section from the International Energy Agency’s Moldova. Further, Indonesia was used below. Energy Prices & Taxes, Fourth Quarter as the surrogate country. We believe that Pursuant to sections 773(a)(4), 773(b) 1999. Labor was valued using the Indonesia is an appropriate surrogate for and 773(e) of the Act, the petitioner also Department’s regression-based wage rate purposes of initiating this case with based NV for sales in Poland on CV. The for Moldova, in accordance with 19 CFR respect to the PRC for the same reasons petitioner calculated CV using the same 351.408(c)(3). as discussed above with respect to COM, depreciation, SG&A and interest The petitioner valued other Moldova. expense figures used to compute Polish production costs, for which no Based on comparisons of EP to NV, home market costs. Consistent with Indonesian surrogate values were the petitioner calculated an estimated section 773(e)(2) of the Act, the available, using values from the two dumping margin of 59.98 percent. petitioner also added to CV an amount for profit. Petitioner derived profit based U.S. producers. All surrogate values Poland which fall outside the POI were upon its own data. adjusted for inflation. To determine Export Price Based upon the comparison of CV to depreciation and SG&A, the petitioner The petitioner based EP on a price EP, the petitioner calculated an applied rates derived from the 1998 quote from Huta Ostrowiec to an estimated dumping margin of 53.54 financial statements of Jakarta Kyoei, an unaffiliated U.S. purchaser for different percent. Indonesian producer of the subject grades and sizes of rebar, and calculated Republic of Korea merchandise. For interest expense, the a net U.S. price by deducting foreign petitioner used Jakarta Kyoei’s 1997 inland freight, international freight, and Export Price financial statements, explaining that the U.S. port charges. The petitioner determined EP based 1998 interest expenses were on price quotes from Hanbo Iron and Normal Value unreasonably high as a result of the Steel Co. Ltd. (Hanbo) and the former financial crisis. The amount for profit With respect to NV, the petitioner Kangwon Industries Ltd. (Kangwon), was reported as zero because Jakarta provided a home market price that was which has recently been acquired by Kyoei reported a loss on its 1998 obtained from foreign market research Inchon Iron & Steel Co. Ltd. (Inchon), to financial statements. Based on the for a grade and size of rebar that is unaffiliated U.S. purchasers for different information provided by the petitioner, comparable to those of the products grades and sizes of rebar. The petitioner we believe that the surrogate values exported to the United States which calculated a net U.S. price by deducting represent information reasonably serve as the basis for EP. The petitioner foreign inland freight, international available to the petitioner and are states that the home market price freight charges, Korean and U.S. port acceptable for purposes of initiating this quotation was FOB mill and did not charges, and customs duties paid. investigation. make any deductions from this price. Normal Value Based on comparisons of EP to NV, Although the petitioner provided a the petitioner calculated an estimated margin based on a price-to-price With respect to NV, the petitioner dumping margin of 49.07 percent. comparison, it also provided provided home market prices that were information demonstrating reasonable obtained from foreign market research The People’s Republic of China grounds to believe or suspect that sales for grades and sizes of rebar that are Export Price of rebar in the home market were made comparable to the products exported to at prices below the fully absorbed COP, the United States which serve as the The petitioner based EP on a price within the meaning of section 773(b) of basis for EP. The petitioner calculated quote from Laiwu Steel Group Limited the Act, and requested that the an ex-factory NV by deducting from the (Laiwu) to an unaffiliated U.S. Department conduct a country-wide quoted home market prices foreign purchaser for different grades and sizes sales-below-cost investigation. inland freight. of rebar, and calculated a net U.S. price Pursuant to section 773(b)(3) of the Although the petitioner provided a by deducting international freight, U.S. Act, COP consists of the COM, SG&A, margin based on a price-to-price port charges, and customs duties paid. interest expenses, and packing. The comparison, it also provided Normal Value petitioner calculated COM based on the information demonstrating reasonable average consumption rates of two U.S. grounds to believe or suspect that sales The petitioner asserts that the PRC is rebar producers. The petitioner adjusted of rebar in the home market were made an NME country, and that in all COM for known differences in the at prices below the fully absorbed COP, previous investigations the Department production process used by producers within the meaning of section 773(b) of has determined that the PRC is an NME. in the United States and Poland. To the Act, and requested that the See, e.g., Natural Bristle Paintbrushes calculate depreciation, SG&A, and Department conduct a country-wide and Brush Heads From the People’s interest expenses, the petitioner also sales-below-cost investigation. Republic of China, 65 FR 13944, 13946 relied upon its own data because it was Pursuant to section 773(b)(3) of the (March 15, 2000) (preliminary unable to locate public financial Act, COP consists of the COM, SG&A, determination). The PRC will be treated statements for Huta Ostrowiec. Based interest expenses, and packing. The as an NME unless and until its NME upon the comparison of the adjusted petitioner calculated COM based on the status is revoked. Pursuant to section prices of the foreign like product in the average consumption rates of two U.S. 771(18)(C)(i) of the Act, because the home market to the calculated COP of rebar producers. The petitioner adjusted PRC’s status as an NME remains in the product, we find reasonable grounds COM for known differences in the effect, the petitioner determined the to believe or suspect that sales of the production process used by producers dumping margin using an NME foreign like product were made below in the United States and Korea. To analysis. the COP, within the meaning of section calculate depreciation, SG&A, and

VerDate 112000 17:57 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\25JYN1.SGM pfrm08 PsN: 25JYN1 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Notices 45759 interest expenses the petitioner relied respect to Russia for the same reasons as by deducting from the quoted home upon the 1998 unconsolidated annual discussed above with respect to Belarus. market price movement related charges report for Kangwon. Based upon the Based on comparisons of EP to NV, associated with delivering the comparison of the adjusted prices of the the petitioner calculated an estimated merchandise to the Venezuelan foreign like product in the home market dumping margin of 68.87 percent. customers. Based upon the comparison of NV to to the calculated COP of the product, we Ukraine find reasonable grounds to believe or EP, the petitioner calculated an suspect that sales of the foreign like Export Price estimated dumping margin of 125.49 product were made below the COP, The petitioner based EP on a price percent. within the meaning of section quote from Krivoi Rog State Mining & Initiation of Cost Investigations 773(b)(2)(A)(i) of the Act. Accordingly, Metal Works (Krivoi Rog) to an As noted above, pursuant to section the Department is initiating a country- unaffiliated U.S. purchaser for different wide cost investigation. See the 773(b) of the Act, the petitioner grades and sizes of rebar, and calculated provided information demonstrating Initiation of Cost Investigations section a net U.S. price by deducting foreign below. reasonable grounds to believe or suspect inland freight, international freight, U.S. that sales in the home markets of Pursuant to sections 773(a)(4), 773(b) port costs, and customs duties paid. and 773(e) of the Act, the petitioner also Indonesia, Japan, Korea, and Poland based NV for sales in Korea on CV. The Normal Value were made at prices below the fully petitioner calculated CV using the same absorbed COP and, accordingly, The petitioner alleges that Ukraine is requested that the Department conduct COM, depreciation, SG&A and interest an NME country, and in all previous expense figures used to compute Korean country-wide sales-below-COP investigations, the Department has investigations in connection with the home market costs. Consistent with determined that Ukraine is an NME. section 773(e)(2) of the Act, the requested antidumping investigations See, e.g., Notice of Final Determination for these countries. The Statement of petitioner also added to CV an amount of Sales at Less Than Fair Value: Administrative Action (SAA), submitted for profit, using data from Inchon’s 1998 Certain Cut-to-Length Carbon Steel Plate to the U.S. Congress in connection with financial statements because Kangwon From Ukraine, 62 FR 61754 (November the interpretation and application of the had no profit in 1998. 19, 1997)). Ukraine will be treated as an URAA, states that an allegation of sales Based upon the comparison of CV to NME unless and until its NME status is below COP need not be specific to EP, the petitioner calculated estimated revoked. Pursuant to section individual exporters or producers. SAA, dumping margins of 86.69 percent and 771(18)(C)(i) of the Act, because H.R. Doc. No. 316 at 833 (1994). The 102.28 percent. Ukraine’s status as an NME remains in SAA, at 833, states that ‘‘Commerce will The Russian Federation effect, the petitioner determined the consider allegations of below-cost sales dumping margin using an NME in the aggregate for a foreign country, Export Price analysis. just as Commerce currently considers The petitioner based EP on a price Given that information regarding allegations of sales at less than fair value quote from Kuznetskiy Met Kombinat Krivoi Rog’s consumption rates is not on a country-wide basis for purposes of (KMK) to an unaffiliated U.S. purchaser available, NV was calculated using the initiating an antidumping for different grades and sizes of rebar, same methodology described above for investigation.’’ and given that the terms of this price Moldova. Further, Indonesia was used Further, the SAA provides that ‘‘new quote were FOB mill, no deductions to as the surrogate country. We believe that section 773(b)(2)(A) retains the current the price quotation were made. Indonesia is an appropriate surrogate for requirement that Commerce have purposes of initiating this case with Normal Value ‘reasonable grounds to believe or respect to Ukraine for the same reasons suspect’ that below cost sales have The petitioner asserts that the Russia discussed above with respect to occurred before initiating such an is an NME country, and that in all Moldova. investigation. ‘Reasonable grounds’ previous investigations the Department Based on comparisons of EP to NV, * * * exist when an interested party has determined that Russia is an NME. the petitioner calculated an estimated provides specific factual information on See, e.g., Notice of Final Determination dumping margin of 41.69 percent. costs and prices, observed or of Sales at Less Than Fair Value; Solid Venezuela constructed, indicating that sales in the Fertilizer Grade Ammonium Nitrate foreign market in question are at below- from the Russian Federation, 65 FR Export Price cost prices.’’ Id. Based upon the 42669, 42670–71 (July 11, 2000) (final The petitioner based EP on a price comparison of the adjusted prices from determination). Russia will be treated as quote from Siderurgica del Turbio SA the petition for the representative an NME unless and until its NME status (Sidetur) to an unaffiliated U.S. foreign like products to their COPs, we is revoked. Pursuant to section purchaser for different grades and sizes find the existence of ‘‘reasonable 771(18)(C)(i) of the Act, because of rebar, and calculated a net U.S. price grounds to believe or suspect’’ that sales Russia’s status as an NME remains in by deducting foreign inland freight, of these foreign like products in markets effect, the petitioner determined the international freight, and Venezuelan of Indonesia, Japan, Korea, and Poland dumping margin using an NME and U.S. port charges. were made below their respective COPs analysis. within the meaning of section Normal Value Given that information regarding 773(b)(2)(A)(i) of the Act. Accordingly, KMK’s consumption rates is not With respect to NV, the petitioner the Department is initiating the available, NV was calculated using the provided a home market price obtained requested country-wide cost same methodology described above for from foreign market research for grades investigations. Belarus. Further, Thailand was used as and sizes of rebar comparable to the the surrogate country. We believe that products exported to the United States Critical Circumstances Thailand is an appropriate surrogate for which serve as the basis for EP. The The petitioner has alleged that the purposes of initiating this case with petitioner calculated an ex-factory NV Department should make an expedited

VerDate 112000 10:42 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\25JYN1.SGM pfrm04 PsN: 25JYN1 45760 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Notices finding that critical circumstances exist Investigations: Certain Cold-Rolled Flat- that the industry’s injured condition is with regard to imports of rebar from the Rolled Carbon-Quality Steel Products evident in the declining trends in net PRC, Korea, Latvia, and Poland, and has From Argentina, Brazil, the People’s operating profits, net sales volumes, supported its allegations with the Republic of China, Indonesia, Japan, the profit to sales ratios, and capacity following information. Russian Federation, Slovakia, South utilization. The allegations of injury and First, the petitioner claims that the Africa, Taiwan, Thailand, Turkey, and causation are supported by relevant importers knew, or should have known, Venezuela, 63 FR 34194, 34203 (June evidence including U.S. Customs import that the rebar was being sold at less than 25, 1999). Therefore, the Department data, lost sales, and pricing information. NV. Specifically, the petitioner alleges considered import statistics contained We have assessed the allegations and that the margins calculated in the in the petition for the periods supporting evidence regarding material petition for each of the four countries September–December 1999 and injury and causation, and have exceed the 25 percent threshold used by January–April 2000 for Korea, Latvia determined that these allegations are the Department to impute importer and Poland, and the periods of August– properly supported by accurate and knowledge of dumping. Moreover, with December 1999 and January–May 2000 adequate evidence and meet the regard to Korea and Latvia, the for the PRC. Based on this comparison, statutory requirements for initiation (see petitioner notes that exports of rebar imports of rebar from the PRC increased Initiation Checklist at Attachment Re: from these countries have been subject by 130 percent, imports from Korea Material Injury). to recent antidumping duties imposed increased by 17 percent, imports from Initiation of Antidumping by countries other than the United Latvia increased by 42.4 percent, and Investigations States. imports from Poland increased from The petitioner also has alleged that zero imports to over forty thousand Based upon our examination of the imports from these four countries have metric tons, an unquantifiable petitions on rebar, and the petitioner’s been massive over a relatively short percentage.7 responses to our supplemental period. Alleging that there was The Department also considers the questionnaire clarifying the petitions, as sufficient pre-filing notice of these extent of the increase in the volume of well as our conversations with foreign antidumping petitions, the petitioner imports of the subject merchandise as market researchers and other experts contends that for purposes of this one indicator of whether a reasonable who provided information concerning determination, the Department should basis exists to impute knowledge that various aspects of the petitions, we have compare imports during September to material injury was likely. In the cases found that they meet the requirements December 1999 to imports during involving the PRC, Korea, Latvia and of section 732 of the Act. Therefore, we January to April 2000.6 As explained in Poland, the increases in imports were in are initiating antidumping duty section 351.206(i) of our regulations, excess of fifteen percent, the amount investigations to determine whether ‘‘the Secretary normally will consider a considered ‘‘massive’’ by the imports of rebar from Austria, Belarus, ‘‘relatively short period’’ as the period Department. Taking into consideration Indonesia, Japan, Korea, Latvia, beginning on the date the proceeding the foregoing, we find that the petitioner Moldova, the PRC, Poland, Russia, begins and ending at least three months has supported its claim of critical Ukraine, and Venezuela are being, or are later. However, if the Secretary finds circumstances with information likely to be, sold in the United States at that importers, or exporters or reasonably available for purposes of less than fair value. Unless this deadline producers, had reason to believe, at initiating a critical circumstances is extended, we will make our some time prior to the beginning of the inquiry. For these reasons, we will preliminary determinations no later proceeding, that a proceeding was investigate this matter further and will than 140 days after the date of this likely, then the Secretary may consider make a preliminary determination at the initiation. a period of not less than three months appropriate time, in accordance with Distribution of Copies of the Petitions from that earlier time.’’ section 735(e)(1) of the Act and the The petitioner supported its claim Department’s practice (see Policy In accordance with section that an earlier comparison period Bulletin 98/4 (63 FR 55364, October 15, 732(b)(3)(A) of the Act, a copy of the should be used with citations from a 1998)). public version of each petition has been provided to the representatives of the December 7, 1999, news article Fair Value Comparisons discussing the formation of a U.S. governments of Austria, Belarus, industry coalition and the likelihood of Based on the data provided by the Indonesia, Japan, Korea, Latvia, filing of antidumping petitions against petitioner, there is reason to believe that Moldova, the PRC, Poland, Russia, producers of rebar. Additionally, in a imports of rebar from Austria, Belarus, Ukraine, and Venezuela. We will petition amendment/supplement filed Indonesia, Japan, Korea, Latvia, attempt to provide a copy of the public July 13, 2000, the petitioner provided Moldova, the PRC, Poland, Russia, version of each petition to each exporter several additional articles published Ukraine, and Venezuela are being, or are named in the petition, as appropriate. prior to the petition filing that likely to be, sold at less than fair value. International Trade Commission specifically referenced the volume of Allegations and Evidence of Material Notification rebar exports from these four countries. Injury and Causation We have notified the ITC of our In the past, the Department concluded initiations, as required by section 732(d) that a high level of press coverage The petitions allege that the U.S. of the Act. provided foreign producers of rebar industry producing the domestic like with prior knowledge of pending product is being materially injured, or is Preliminary Determinations by the ITC threatened with material injury, by antidumping investigations. See e.g., The ITC will determine, no later than Initiation of Antidumping Duty reason of the individual and cumulated imports of the subject merchandise sold August 14, 2000, whether there is a reasonable indication that imports of 6 For the PRC, the petitioner compared imports at less than NV. The petitioner contends from the five-month period of August to December certain rebar products from Austria, 1999, and January to May 2000, in order to include 7 In the period of September to December 1999, Belarus, Indonesia, Japan, Korea, Latvia, a significant May shipment of rebar in its analysis. there were no imports of rebar from Poland. Moldova, the PRC, Poland, Russia,

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Ukraine, and Venezuela are causing be issued. If the comments include any Washington; Inland—Joseph Fruit material injury, or threatening to cause privileged or confidential business Company, Wapato, Washington; material injury, to a U.S. industry. A information, it must be clearly marked (controlling entity: Inland Fruit & negative ITC determination for any and a nonconfidential version of the Produce Co., Inc.); PAC Marketing country will result in the investigation comments (identified as such) should be International, LLC, Yakima, being terminated with respect to that included. Any comments not marked Washington; Sage Marketing LLC, country; otherwise, these investigations privileged or confidential business Yakima, Washington (controlling will proceed according to statutory and information will be deemed to be entities: Olympic Fruit, Columbia Reach regulatory time limits. nonconfidential. An original and five (5) and Valley Fruit); Voelker Fruit & Cold This notice is issued and published copies, plus two (2) copies of the Storage, Inc., Yakima, Washington; and pursuant to section 777(i) of the Act. nonconfidential version, should be Washington Export, LLC, Yakima, Dated: July 18, 2000. submitted no later than 20 days after the Washington; Troy H. Cribb, date of this notice to: Office of Export 2. Delete the following companies as Trading Company Affairs, International Acting Assistant Secretary for Import ‘‘Members’’ of the Certificate: Crandell Administration. Trade Administration, Department of Fruit Company, Wenatchee, Commerce, Room 1104H, Washington, [FR Doc. 00–18809 Filed 7–24–00; 8:45 am] Washington; George F. Joseph Orchard, D.C. 20230. Information submitted by BILLING CODE 3510±DS±P Yakima, Washington; Gwin, White & any person is exempt from disclosure Prince, Inc., Wenatchee, Washington; H under the Freedom of Information Act & H Orchards Packing, Inc., Malaga, DEPARTMENT OF COMMERCE (5 U.S.C. 552). However, Washington; Inland Fruit & Produce Co., nonconfidential versions of the Wapato, Washington; Johnny Appleseed International Trade Administration comments will be made available to the of WA/CRO Fruit Co., Wenatchee, applicant if necessary for determining Washington, Majestic Valley Produce, Export Trade Certificate of Review whether or not to issue the Certificate. Wenatchee, Washington; and Valicoff Comments should refer to this Fruit Company, Inc., Wapato, ACTION: Notice of Application to Amend application as ‘‘Export Trade Certificate an Export Trade Certificate of Review. Washington; and of Review, application number 84– 3. Change the listing of the company SUMMARY: The Office of Export Trading 11A12.’’ name for the current Member ‘‘Blue Northwest Fruit Exporters’ (‘‘NFE’’) Company Affairs (‘‘OETCA’’), Bird, Inc.’’ to the new listing original Certificate was issued on June International Trade Administration, ‘‘Washington Cherry Growers’’. 11, 1984 (49 FR 24581, June 14, 1984) Department of Commerce, has received Dated: July 19, 2000. an application to amend an Export and previously amended on May 2, Morton Schnabel, Trade Certificate of Review 1988 (53 FR 16306, May 6, 1988); (‘‘Certificate’’). This notice summarizes September 21, 1988 (53 FR 37628, Director, Office of Export Trading Company Affairs. the proposed amendment and requests September 27, 1988); September 20, comments relevant to whether the 1989 (54 FR 39454, September 26, [FR Doc. 00–18737 Filed 7–24–00; 8:45 am] Certificate should be issued. 1989); November 19, 1992 (57 FR 55510, BILLING CODE 3510±DR±P November 25, 1992); August 16, 1994 FOR FURTHER INFORMATION CONTACT: (59 FR 43093, August 22, 1994); Morton Schnabel, Director, Office of November 4, 1996 (61 FR 57850, DEPARTMENT OF COMMERCE Export Trading Company Affairs, November 8, 1996); October 22, 1997 International Trade Administration, (62 FR 55783, October 28, 1997); National Institute of Standards and (202) 482–5131 (this is not a toll-free November 2, 1998 (63 FR 60304, Technology number) or E-mail at [email protected]. November 9, 1998); and October 20, Announcing a Workshop on Modes of SUPPLEMENTARY INFORMATION: Title III of 1999 (64 FR 57438, October 25, 1999). the Export Trading Company Act of Operation for Symmetric Key Block A summary of the application for an Cipher Algorithms 1982 (15 U.S.C. 4001–21) authorizes the amendment follows. Secretary of Commerce to issue Export Trade Certificates of Review. An Export Summary of the Application AGENCY: National Institute of Standards and Technology, Doc. Trade Certificate of Review protects the Applicant: Northwest Fruit Exporters, holder and the members identified in 105 South 18th Street, Suite 227, ACTION: Notice of public workshop; the Certificate from state and federal Yakima, Washington 98901. request for comments. government antitrust actions and from Contact: James R. Archer, Manager, private treble damage antitrust actions Telephone: (509) 576–8004. SUMMARY: The National Institute of for the export conduct specified in the Application No.: 84–11A12. Standards and Technology (NIST) Certificate and carried out in Date Deemed Submitted: July 18, announces a workshop to discuss modes compliance with its terms and 2000. of operation for the protection of data conditions. Section 302(b)(1) of the Proposed Amendment: Northwest using a symmetric key block cipher Export Trading Company Act of 1982 Fruit Exporters seeks to amend its algorithm. The results of this workshop and 15 CFR 325.6(a) require the Certificate to: will be used by NIST in development a Secretary to publish a notice in the 1. Add each of the following draft modes of operation standard for Federal Register identifying the companies as a new ‘‘Member’’ of the symmetric key block cipher algorithms. applicant and summarizing its proposed Certificate within the meaning of Comments and papers are encouraged export conduct. section 325.2(1) of the Regulations (15 prior to the workshop to propose, CFR 325.2(1)): Apple Country, Inc., define, and justify any modes that are Request for Public Comments Wapato, Washington; Cashmere Fruit appropriate for NIST to include in such Interested parties may submit written Exchange, Cashmere, Washington; Dole a standard. These comments and papers comments relevant to the determination Northwest, Wenatchee, Washington; IM should be addressed to whether an amended Certificate should EX Trading Company, Yakima, [email protected].

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DATES: The Modes of Operation NIST with useful input as the standard COMMITTEE FOR THE workshop will be held on Friday, is drafted. IMPLEMENTATION OF TEXTILE October 20, 2000, from 9 a.m. to 5 p.m. It is NIST’s intention that the planned AGREEMENTS To provide for sufficient time to standard be independent of specific key prepare the agenda for the modes to be Denial of Participation in the Special discussed at the workshop, comments or block sizes of particular encryption Access Program are due by October 1, 2000. algorithms and that the standard include the four modes specified in July 19, 2000. ADDRESSES: The workshop will be held AGENCY: Committee for the at the Baltimore Convention Center in FIPS 81, plus other modes needed for Implementation of Textile Agreements Baltimore, Maryland. Details regarding current applications and technology. (CITA). workshop registration can be found at: During the development of the AES, http://www.nist.gov/modes. NIST received comments suggesting that ACTION: Issuing a directive to the Comments regarding proposed modes additional modes should be included in Commissioner of Customs suspending of operation may be sent to: a Modes of Operation standard, and that participation in the Special Access [email protected] or to Elaine the development of a new modes Program. Barker, National Institute of Standards standard should be carefully considered EFFECTIVE DATE: and Technology, 100 Bureau Drive, Stop by the cryptographic community. To August 1, 2000. 8930, Gaithersburg, MD 20899–8930, this end, the workshop will discuss FOR FURTHER INFORMATION CONTACT: Lori USA. appropriate secure modes that E. Mennitt, International Trade Specialist, Office of Textiles and FOR FURTHER INFORMATION CONTACT: participants believe NIST should The Apparel, U.S. Department of Commerce, Symmetric Key Block Cipher Modes of consider for the standard. Comments are (202) 482–3400. Operation home page (http:// requested prior to the workshop on any SUPPLEMENTARY INFORMATION: www.nist.gov/modes) may be used to recommended modes so as to facilitate access information regarding the modes discussion of specific proposals at the Authority: Section 204 of the Agricultural of operation workshop, registration and workshop. Following the workshop, Act of 1956, as amended (7 U.S.C. 1854); lodging information. Executive Order 11651 of March 3, 1972, as NIST intends to prepare a draft standard amended. Questions may also be addressed to: that will be made available for public 1) Elaine Barker at (301) 975–2911 review and comment. The Committee for the (Email: [email protected]) or Bill Burr at Implementation of Textile Agreements (301) 975–2914 (Email: Advance registration and a workshop (CITA) has determined that Top Kid’s, [email protected]). fee is required for workshop attendance. Inc. has violated the requirements for Details of the workshop may be SUPPLEMENTARY INFORMATION: In 1997, participation in the Special Access obtained at http://www.nist.gov/modes. NIST began the development of the Program, and has suspended Top Kid’s, Advanced Encryption Standard (AES) to Note that this workshop follows the Inc. from participation in the Program specify a symmetric key block cipher National Information Systems Security for the period August 1, 2000 through algorithm that would provide Conference (NISSC) held in Baltimore, January 31, 2002. confidentiality for sensitive Maryland from October 16–19, 2000. Through the letter to the (unclassified) data. As the AES NIST solicits comments from Commissioner of Customs published development process nears its interested parties, including industry, below, CITA directs the Commissioner conclusion, the specific modes of academia, voluntary standards to prohibit entry of products under the Special Access Program by or on behalf operation for its use need to be organizations, the public, Federal of Top Kid’s, Inc. during the period addressed. In 1980, Federal Information agencies, and State and local August 1, 2000 through January 31, Processing Standard (FIPS) 81, DES governments concerning the Modes of 2002, and to prohibit entry by or on Modes of Operation, defined four Operation Standard issues and encryption modes for the Data behalf of Top Kid’s, Inc. under the techniques for discussion at the Program of products manufactured from Encryption Standard (DES). The four workshop. modes are the Electronic Codebook fabric exported from the United States (ECB) mode, the Cipher Block Chaining Authority: NIST’s activities to develop during that period. (CBC) mode, the Cipher Feedback (CFB) computer security standards to protect Requirements for participation in the mode, and the Output Feedback (OFB) Federal sensitive (unclassified) systems are Special Access Program are available in mode. Each mode of FIPS 81 specifies undertaken pursuant to specific Federal Register notice 63 FR 16474, a different way to use the DES block responsibilities assigned to NIST in Section published on April 3, 1998. 5131 of the Information Technology encryption algorithm to encrypt and Richard B. Steinkamp, Management Reform Act of 1996 (Pub. L. decrypt data, with somewhat different Acting Chairman, Committee for the 104–106), the Computer Security of 1987 security and operational characteristics, Implementation of Textile Agreements. and each is best suited to different (Pub. L. 100–235), and Appendix III to Office of Management and Budget Circular A–130. Committee for the Implementation of Textile applications. Cryptographic system Agreements designers or security application Dated: July 18, 2000. July 19, 2000. designers need to select one or more of Karen H. Brown, the modes when using the DES Commissioner of Customs, Deputy Director, NIST. Department of the Treasury, Washington, DC symmetric key block cipher algorithm in [FR Doc. 00–18811 Filed 7–24–00; 8:45 am] a cryptographic system or security 20229. application. However, FIPS 81 was BILLING CODE 3510±CN±M Dear Commissioner: The purpose of this directive is to notify you that the Committee written to be specific to DES and its key for the Implementation of Textile Agreements and block size. A new standard is has suspended Top Kid’s, Inc. from needed that will address other participation in the Special Access Program symmetric key block cipher algorithms for the period August 1, 2000 through (e.g., AES). The workshop will provide January 31, 2002. You are therefore directed

VerDate 112000 16:48 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\25JYN1.SGM pfrm08 PsN: 25JYN1 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Notices 45763 to prohibit entry of products under the extension, existing or reinstatement; (2) [email protected]. Individuals Special Access Program by or on behalf of Title; (3) Summary of the collection; (4) who use a telecommunications device Top Kid’s, Inc. during the period August 1, Description of the need for, and for the deaf (TDD) may call the Federal 2000 through January 31, 2002. You are proposed use of, the information; (5) Information Relay Service (FIRS) at 1– further directed to prohibit entry of products under the Special Access Program by or on Respondents and frequency of 800–877–8339. behalf of Top Kid’s, Inc. manufactured from collection; and (6) Reporting and/or [FR Doc. 00–18690 Filed 7–24–00; 8:45 am] fabric exported from the United States during Recordkeeping burden. OMB invites BILLING CODE 4000±01±P the period August 1, 2000 through January public comment. 31, 2002. Dated: July 19, 2000. Sincerely, DEPARTMENT OF ENERGY Richard B. Steinkamp, Joseph Schubart, Acting Leader, Regulatory Information Acting Chairman, Committee for the Federal Energy Regulatory Implementation of Textile Agreements. Management, Office of the Chief Information Officer. Commission [FR Doc. 00–18682 Filed 7–24–00; 8:45 am] BILLING CODE 3510±DR±F Office of the Undersecretary Notice of Application Soliciting Type of Review: New. Motions To Intervene, Protests, Title: Annual Performance Report for Comments, Recommendations, Terms DEPARTMENT OF EDUCATION the Preparing Tomorrow’s Teachers to and Conditions, and Prescriptions use Technology Grant Program. July 19, 2000. Submission for OMB Review; Frequency: Annually. Comment Request Take notice that the following Affected Public: Not-for-profit hydroelectric application has been filed AGENCY: Department of Education. institutions; Businesses or other for- with the Commission and is available SUMMARY: The Leader, Regulatory profit; State, Local, or Tribal Gov’t, for public inspection: Information Management Group, Office SEAs or LEAs. a. Type of Application: Amendment of the Chief Information Officer invites Reporting and Recordkeeping Hour of Exemption. comments on the submission for OMB Burden: Responses: 225—Burden Hours: b. Project No.: 7662–015. review as required by the Paperwork 2,250. c. Date filed: June 12, 2000. Reduction Act of 1995. Abstract: This submission requests d. Applicant: Reading Area Water approval for a web-based performance DATES: Interested persons are invited to Authority. report needed by the U.S. Department of submit comments on or before August e. Name of Project: Ontelaunee. Education (ED) to obtain baseline data 24, 2000. f. Location: At Lake Ontelaunee in and information on the progress and Berks County, Pennsylvania. ADDRESSES: Written comments should effectiveness of the Preparing g. Filed Pursuant to: Federal Power be addressed to the Office of Tomorrow’s Teachers to use Technology Act, 16 USC 791(a)–825(r). Information and Regulatory Affairs, (PT3) grantees. The PT3 grant program h. Applicant Contact: Gary D. Attention: Wai-Sinn Chan, Acting Desk was established to assist consortia of Bachman, Van Ness Feldman, P.C., 1050 Officer, Department of Education, Office public and private entities in Thomas Jefferson Street, N.W., of Management and Budget, 725 17th developing and implementing teacher Washington, D.C. 20007, (202) 298– Street, N.W., Room 10235, New training programs that prepare 1800. Executive Office Building, Washington, prospective teachers to use technology i. FERC Contact: Hector Perez, D.C. 20503 or should be electronically for improved instructional practices and [email protected], 202–219– mailed to the internet address Wai- l l student learning opportunities in the 2843. Sinn L. [email protected]. classroom. The performance reports will j. Deadline for filing motions to SUPPLEMENTARY INFORMATION: Section be completed by all 225 grantees and intervene, protest, comments, 3506 of the Paperwork Reduction Act of data gathered from the reports will be recommendations, terms and 1995 (44 U.S.C. Chapter 35) requires used by ED to determine which conditions, and prescriptions: 30 days that the Office of Management and activities are most successful at training from the issuance date of this notice. Budget (OMB) provide interested preservice teachers to integrate All documents (original and eight Federal agencies and the public an early technology and to determine the overall copies) should be filed with: David P. opportunity to comment on information effectiveness of the PT3 grant program. Boergers, Secretary, Federal Energy collection requests. OMB may amend or Requests for copies of the proposed Regulatory Commission, 888 First waive the requirement for public information collection request may be Street, NE, Washington, DC 20426. consultation to the extent that public accessed from http://edicsweb.ed.gov, or The Commisison’s Rules of Practice participation in the approval process should be addressed to Vivian Reese, and Procedure require all interveners would defeat the purpose of the Department of Education, 400 Maryland filing documents with the Commission information collection, violate State or Avenue, SW, Room 4050, Regional to serve a copy of that document on Federal law, or substantially interfere Office Building 3, Washington, D.C. each person on the official service list with any agency’s ability to perform its 20202–4651. Requests may also be for the project. Further, if an intervener statutory obligations. The Leader, electronically mailed to the internet files comments or documents with the Regulatory Information Management address [email protected] or Commission relating to the merits of an Group, Office of the Chief Information faxed to 202–708–9346. Please specify issue that may affect the responsibilities Officer, publishes that notice containing the complete title of the information of a particular resource agency, they proposed information collection collection when making your request. must also serve a copy of the document requests prior to submission of these Comments regarding burden and/or on that resource agency. requests to OMB. Each proposed the collection activity requirements k. The existing project consists of two information collection, grouped by should be directed to Jacqueline units at the facility’s gatehouse, 375-kW office, contains the following: (1) Type Montague at (202) 708–5359 or via her and 530-kW, respectively, and a 37-kW of review requested, e.g. new, revision, internet address unit at a nearby filter plant. The

VerDate 112000 18:21 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\25JYN1.SGM pfrm11 PsN: 25JYN1 45764 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Notices applicant proposes to decommission the persons listed in the service list in this Commission’s Public Reference Room, two units at the gatehouse by removing proceeding, in accordance with 18 CFR located at 888 First Street, NE., Room the units and disconnecting the 4.34(b) and 385.2010. 2A, Washington, DC 20426, or by calling transmission line that connects them to (202) 208–1371. This filing may be David P. Boergers, the grid. viewed on http://www.ferc.fed.us/ Secretary. The applicant also proposes to amend online/rims.htm [call (202) 208–2222 for the conservation minimum flows. [FR Doc. 00–18698 Filed 7–24–00; 8:45 am] assistance]. A copy is also available for Presently, the applicant is required to BILLING CODE 6717±01±M inspection and reproduction at the maintain a minimum flow of 51 cubic address in item h above. feet per second (cfs) or the inflow to the reservoir, whichever is less. The DEPARTMENT OF ENERGY m. Individuals desiring to be included applicant proposes to: (1) maintain a on the Commission’s mailing list should constant conservation flow of 51 cfs if Federal Energy Regulatory so indicate by writing to the Secretary the level of the reservoir is 302 feet; (2) Commission of the Commission. maintain a constant conservation flow Notice of Application To Amend Comments, Protests, or Motions to of 36 cfs if the reservoir level is between License, and Soliciting Comments, Intervene—Anyone may submit 300 and 302 feet; and (3) maintain a Motions To Intervene, and Protests comments, a protest, or a motion to constant conservation flow of 27 cfs if intervene in accordance with the the level of the reservoir is under 300 July 20, 2000. requirements of Rules of Practice and feet. Take notice that the following Procedure, 18 CFR 385.210, .211, .214. l. A copy of the application is hydroelectric application has been filed In determining the appropriate action to available for inspection and with the Commission and is available take, the Commission will consider all reproduction at the Commission’s for public inspection: protests or other comments filed, but Public Reference Room, located at 888 a. Application Type: Application to only those who file a motion to First Street, NE, Room 2A, Washington, amend the license. intervene in accordance with the D.C. 20426, or by calling (202) 208– b. Project No.: P–6641–037. Commission’s Rules may become a 1371. The application may be viewed on c. Date Filed: April 7, 2000. party to the proceeding. Any comments, http://www.ferc.fed.us/online/rims.htm d. Applicant: City of Marion, protests, or motions to intervene must (call (202) 208–2222 for assistance). A Kentucky and Smithland Hydroelectric be received on or before the specified copy is also available for inspection and Partners. reproduction at the address in item h e. Name of Project: Smithland comment date for the particular above. Hydroelectric Project. application. m. Anyone may submit a protest or a f. Location: The Project would be Filing and Service of Responsive motion to intervene in accordance with located at the existing U.S. Army Corps Documents—Any filings must bear in the requirements of Rules of Practice of Engineers’ Smithland Lock and Dam all capital letters the title and Procedure, 18 CFR 385.210, on the Ohio River in Livingston County, ‘‘COMMENTS’’, 385.211, and 385.214. In determining Kentucky. The project utilizes a ‘‘RECOMMENDATIONS FOR TERMS the appropriate action to take, the government dam. AND CONDITIONS’’, ‘‘PROTEST’’, OR Commission will consider all protests g. Filed Pursuant to: Federal Power ‘‘MOTION TO INTERVENE’’, as filed, but only those who file a motion Act, 16 U.S.C. 791(a)–825(r). applicable, and the Project Number of to intervene in accordance with the h. Applicant Contact: Smithland the particular application to which the Commission’s Rules may become a Hydroelectric Partners, Ltd., 120 filing refers. Any of the above-named party to the proceeding. Calumet Court, Aiken, S.C. 29803. Tel: documents must be filed by providing n. All filings must (1) bear in all (803) 642–2749. the original and the number of copies capital letters the title ‘‘PROTEST’’, i. FERC Contact: Any questions on provided by the Commission’s ‘‘MOTION TO INTERVENE’’, this notice should be addressed to Ms. regulations to: The Secretary, Federal ‘‘COMMENTS’’, Allyson Lichtenfels at (202) 219–3274 or Energy Regulatory Commission, 888 ‘‘RECOMMENDATIONS’’, ‘‘TERMS by e-mail at First Street, NE., Washington, DC 20426. AND CONDITIONS’’, or [email protected]. A copy of any motion to intervene must ‘‘PRESCRIPTIONS;’’ (2) set forth in the j. Deadline for filing comments and/ also be served upon each representative heading the name of the applicant and or motions: August 28, 2000. of the Applicant specified in the the project number of the application to Please include the project number (P– particular application. which the filing responds; (3) furnish 6641–037) on any comments or motions the name, address, and telephone filed. Agency Comments—Federal, state, number of the person submitting the k. Description of Filing: Smithland and local agencies are invited to file filing; and (4) otherwise comply with Hydroelectric Partners, Ltd., comments on the described application. the requirements of 18 CFR 385.2001 (Smithland) proposes to change (a) the A copy of the application may be through 385.2005. All comments, number of units authorized from 216 obtained by agencies directly from the recommendations, terms and conditions turbines and 108 generators to 170 Applicant. If an agency does not file or prescriptions must set forth their turbines and 170 generators, (b) total comments within the time specified for evidentiary basis and otherwise comply authorized capacity from 80 MW to 83 filing comments, it will be presumed to with the requirements of 18 CFR 4.34(b). MW, (c) the project’s hydraulic capacity have no comments. One copy of an An additional copy must be sent to from 58,000 cfs to 63,500 cfs, (d) the net agency’s comments must also be sent to Director, Division of Environmental and head from 20.2 ft. to 21 ft., and (e) the Applicant’s representatives. Engineering Review, Office of Energy extend the deadline for project David P. Boergers, Projects at the address shown in item j completion. and to the applicant’s contact specified l. Location of the Application. A copy Secretary. in item h above. The filing must include of the application is available for [FR Doc. 00–18739 Filed 7–24–00; 8:45 am] proof of service of the filing on all inspection and reproduction at the BILLING CODE 6717±01±M

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ENVIRONMENTAL PROTECTION Owners or operators of the affected respondent burden, including through AGENCY facilities described must make the the use of automated collection following one time-only reports: techniques to the following addresses. [FRL±6840±5] notification of the date of construction Please refer to EPA ICR No. 1064.09 and Agency Information Collection or reconstruction; notification of the OMB Control No. 2060–0034 in any Activities: Submission for OMB anticipated and actual dates of startup; correspondence. Review; Comment Request; New notification of any physical or Ms. Sandy Farmer, Source Performance Standard (NSPS), operational change to an existing facility which may increase the regulated U.S. Environmental Protection Agency, for Automobile and Light Duty Truck Office of Environmental Information, Surface Coating pollutant emission rate; notification of the date of the initial performance test Collection Strategies Division (2822), AGENCY: Environmental Protection (not required under section 60.393(a)); 1200 Pennsylvania Ave NW, Agency (EPA). and the results of the initial Washington, DC 20460; ACTION: Notice. performance test. An agency may not conduct or and SUMMARY: In compliance with the sponsor, and a person is not required to Office of Information and Regulatory Paperwork Reduction Act (44 U.S.C. respond to, a collection of information Affairs, 3501 et seq.), this document announces unless it displays a currently valid OMB Office of Management and Budget, that the following Information control number. The OMB control Attention: Desk Officer for EPA, Collection Request (ICR) has been numbers for EPA’s regulations are listed 725 17th Street, NW, Washington, DC forwarded to the Office of Management in 40 CFR part 9 and 48 CFR Chapter 20503. and Budget (OMB) for review and 15. The Federal Register document approval: NSPS, Subpart MM, for required under 5 CFR 1320.8(d), Dated: July 15, 2000. Automobile and Light Duty Truck soliciting comments on this collection Oscar Morales, Surface Coating. OMB Control Number: of information was published on Director, Collection Strategies Division. 2060–0034, expiration date: 9/30/2000. January 21, 2000 (65 FR 3443). [FR Doc. 00–18792 Filed 7–24–00; 8:45 am] The ICR describes the nature of the Comments were received from industry BILLING CODE 6560±50±P information collection and its expected representatives. The representatives burden and cost; where appropriate, it believed the EPA substantially includes the actual data collection underestimated the number of burden ENVIRONMENTAL PROTECTION instrument. hours associated with this regulation. AGENCY DATES: Comments must be submitted on Burden Statement: The annual public or before August 24, 2000. reporting and recordkeeping burden for [FRL±6838±7] FOR FURTHER INFORMATION CONTACT: For this collection of information is a copy of the ICR contact Sandy Farmer estimated to average 228 hours per FY01 Wetland Program Development at EPA by phone at (202) 260–2740, by response. Burden means the total time, Grants E-Mail at effort, or financial resources expended AGENCY: [email protected] or by persons to generate, maintain, retain, Environmental Protection download off the Internet at http:// or disclose or provide information to or Agency. www.epa.gov/icr and refer to EPA ICR for a Federal agency. This includes the ACTION: Notice. No. 1064.09. For technical questions time needed to review instructions; about the ICR contact Anthony Raia in develop, acquire, install, and utilize SUMMARY: The Wetland Program the Office of Compliance at 202–564– technology and systems for the purposes Development Grants (WPDGs), initiated 6045. of collecting, validating, and verifying in FY90, provide states, tribes and local information, processing and governments (S/T/LGs) an opportunity SUPPLEMENTARY INFORMATION: maintaining information, and disclosing to develop projects which build and Title: NSPS, Subpart MM, for and providing information; adjust the Automobile and Light Duty Truck refine comprehensive wetland existing ways to comply with any programs. While WPDGs can continue Surface Coating (OMB Control Number previously applicable instructions and 2060–0034; EPA ICR Number 1064.09; to be used by S/T/LGs to build and requirements; train personnel to be able refine all elements of a comprehensive expiring 9/30/2000). This is a request to respond to a collection of for extension of a currently approved wetland program, the wetland program information; search data sources; identified two program priorities for collection. complete and review the collection of Abstract: The New Source FY01: monitoring and assessing the information; and transmit or otherwise Performance Standards (NSPS) for status and condition of wetlands; and disclose the information. improving the effectiveness of automobile and light duty truck surface Respondents/Affected Entities: coating operations were proposed on compensatory mitigation. Some priority Automobile and light duty truck surface will be given to funding projects which October 5, 1979 and promulgated on coating plants. December 24, 1980 (45 FR 85415). These address these two priority areas. This Estimated Number of Respondents: document will serve as operating standards apply to the following 45. automobile and light duty truck guidance for S/T/LGs interested in Frequency of Response: Quarterly. applying for FY01 WPDGs. assembly plant lines: each prime coat Estimated Total Annual Hour Burden: operation, guide coat operation, and top 39,039. FOR FURTHER INFORMATION CONTACT: coat operation commencing Estimated Total Annualized Capital Shanna Draheim, Office of Wetlands, construction, modification or O&M Cost Burden: $6,750. Oceans, and Watersheds, Wetlands reconstruction after October 5, 1979. Send comments on the Agency’s need Division (MC 4502F), U.S. Volatile organic compounds (VOC) are for this information, the accuracy of the Environmental Protection Agency, 1200 the pollutants regulated under the provided burden estimates, and any Pennsylvania Avenue, Washington, DC standards. suggested methods for minimizing 20460, Telephone: (202) 260–6218, Fax:

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(202) 260–8000, email: wetland and watershed values. A list of estimate wetland losses and gains, [email protected]. other example project topics is included assess wetland function, and coordinate in Appendix B. activities and information among levels Robert H. Wayland III, The statutory authority for Wetland of government. Grant funds can also be Director, Office of Wetlands, Oceans and Program Development Grants is section used to provide training in monitoring Watersheds. 104(b)(3) of the Clean Water Act (CWA). and assessment techniques. While Table of Contents Wetland Program Development Grants wetland inventory is an important I. Introduction (WPDG) are limited to developing new component of monitoring, inventory II. FY2001 Program Priorities or refining existing comprehensive alone does not constitute program III. Funding Eligibility wetland programs. Section 104(b)(3) of development. IV. Selection Criteria the CWA restricts the use of these grants Improving the effectiveness of V. Application Procedures to developing wetland management compensatory mitigation: Projects a. Application Package programs. These grants may not be used which improve S/T/LG capacity to b. Deadlines c. Match Requirements for the operational support of wetland ensure ecologically effective d. Quality Assurance/Quality Control (QA/ programs. All projects funded through compensatory mitigation for QC) this program must contribute to the unavoidable impacts. For example, VI. Additional Program Information overall development and improvement WPDGs can be used to build technical a. Performance Partnership Grants of S/T/LG wetland programs. expertise in wetland restoration and b. Core Elements of a State or Tribal Applicants must demonstrate that their creation, develop tracking systems for Comprehensive Wetland Program proposed project integrates with their S/ compliance and enforcement of c. Local and Tribal Funding Targets T/LG wetland programs. At this time, mitigation activities, and develop d. Reporting e. Public Participation Wetland Program Development Grants methods for monitoring the f. Annual Wetlands Meeting/Training cannot be used for ongoing operational effectiveness of mitigation. Grants can Appendix A—Grant Restrictions support of S/T/LG wetland programs. only be used for improvement or Appendix B—Examples of WPDG Project The award and administration of development of mitigation programs. Topics Wetland Program Development Grants They cannot be used for specific Appendix C—Grant Coordinators are governed by the regulations at 40 mitigation activities (e.g. projects for CFR Part 31 (‘‘Uniform Administrative I. Introduction mitigation banks or in lieu fee Requirements for Grants and mitigation programs). The goals of the Environmental Cooperative Agreements to State and While WPDGs can still be used by S/ Protection Agency’s wetland program Local Governments’’). EPA has T/LGs to build and refine all elements and the Clean Water Action Plan are to proposed additional regulations to of a comprehensive wetland program increase the quantity and quality of govern state and tribal environmental (see examples in Appendix B), in this wetlands in the U.S. by conserving and program grants, including Wetland and upcoming years, some priority will increasing wetland acreage, and Program Development Grants and be given to funding projects which improving wetland health. In pursuing Performance Partnership Grants, to be address these two priority areas. these goals, EPA seeks to build the codified at 40 CFR Part 35, Subparts A III. Funding Eligibility capacity of all levels of government to and B (see 64 FR 40064 and 64 FR develop and implement effective, 40084 (July 23, 1999)). EPA will provide State, tribal, and local governmental comprehensive programs for wetland further guidance regarding these agencies, interstate, intertribal, and local protection and management. proposed regulations when they are government associations are eligible to The Wetland Program Development promulgated as final rules. receive grant funds. Typical wetland or Grants were initiated in FY90 to provide wetland related agencies include, but an opportunity for states, tribes and II. FY 2001 Program Priorities are not limited to wetland regulatory local governments (S/T/LGs) to develop EPA has begun to assess the status of agencies, water quality agencies projects which build and refine programs that will move us toward our (Section 401 water quality certification), comprehensive wetland programs. S/T/ wetland goals. The wetland program has planning offices, wild and scenic rivers LG interest in the grant program has identified two areas as program agencies, departments of transportation, continued to grow over the years, and priorities for improving our ability to fish and wildlife or natural resources since 1995 Congress has appropriated protect and restore wetlands in the agencies, agriculture departments, $15 million annually to support the U.S.—monitoring and assessing the forestry agencies, coastal zone grant program. EPA encourages S/T/LGs status and condition of wetlands, and management agencies, park and to build effective, comprehensive improving the effectiveness of recreation agencies, non-point source or wetland programs in five areas: compensatory mitigation. S/T/LG are storm water agencies, city or county and monitoring and assessment, regulation, encouraged to develop WPDGs which other S/T/LG wetland-related agencies. restoration, water quality, and public- build their programs in these areas. In order to be eligible for Wetland private partnerships. Monitoring and assessing the status Program Development Grant funds, The type of projects which S/T/LGs and condition of wetlands: Projects tribes must be federally recognized, can undertake to build their which advance the science, technical, although ‘‘Treatment as a State’’ status comprehensive wetland programs are and management tools for evaluating, is not a requirement. Interstate and very diverse. In the past, S/T/LGs have protecting and restoring wetland health. intertribal entities and associations are pursued a wide range of activities, such Projects should be directed toward eligible for direct funding. Inter-state/ as developing plans and management developing and ultimately tribal/local entity projects must be broad tools for wetland resources, advancing implementing multi-scale, in scope and encompass more than one scientific and technical tools for comprehensive S/T/LG wetland state, tribe or local government. protecting wetland health, improving monitoring programs. For example, Grant funds are typically awarded public access to information about WPDGs can be used for projects which through a competitive process at a wetlands, and training/educating build S/T/LG capacity to analyze data, Regional level. While funds are wetland managers and the public about assess biological health of wetlands, allocated to EPA Regional offices based

VerDate 112000 10:42 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\25JYN1.SGM pfrm04 PsN: 25JYN1 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Notices 45767 on the number of states within the proposals of grant projects for Applicants should allow sufficient time Region, EPA is not required to provide competitive review. Contact your and resources for this process. EPA grant funds to any or all S/T/LGs. Regional EPA Grant Coordinator Regional offices can provide specific Funding decisions will be made by EPA (Appendix C) for more specific regional guidance on QA/QC requirements. requirements and formats. Regional offices, and are based on the VI. Additional Program Information quality of the proposals received and b. Deadlines: Full applications and/or adherence to the selection criteria. pre-application proposals must be a. Performance Partnership Grants: A Regions typically receive requests for submitted to the appropriate EPA Performance Partnership Grant (PPG) is funding far in excess of available funds. Regional office. Regional deadlines are a multi-program grant made to a state, EPA Headquarters (HQ) uses some of generally in the fall. Please contact your interstate agency, tribe, or intertribal the Wetland Program Development Regional Grants Coordinator (see consortium from funds allocated and Grant funds to support entities other Appendix C) for further information otherwise available for environmental than S/T/LG agencies for projects and about application processes and to program grants. PPGs are voluntary and tasks that advance state, tribal and/or confirm deadlines. provide recipients the option to local wetland programs on a national Regions may request the applicant to combine funds from two or more basis. These projects are not selected submit revised work plans to adjust categorical grants into one or more PPG. through the Regional grant selection funding levels to fit within the Region’s PPGs can provide administrative and/or process. funding availability or to revise a programmatic flexibility. Local proposal to develop a project that better governments are not eligible for PPGs. IV. Selection Criteria fits within the grant criteria. The Wetland Program Development For FY2001, some priority in the c. Match Requirements: Recipients Grants remain a competitive grant selection process will be given to must provide a minimum of 25% of program. The state or tribal project must projects which build S/T/LG’s each award’s total project costs in first be selected under the competitive monitoring and assessment programs or accordance with the regulation grant process and must identify specific seek methods for improving the governing cost sharing (40 CFR 31.24 wetland-related output or outcome effectiveness of compensatory ‘‘Matching or Cost Sharing’’). We measures in the grant proposal as a mitigation. All proposals (regardless of encourage states, tribes and local condition for adding funds to the PPG. topic area) will be evaluated using the governments to provide additional A state or tribe may include these grant following general criteria: matching funds whenever possible (i.e., output measures in its Environmental • Clarity of Proposal’s Work Plan— funds in excess of the required 25% of Performance Agreement/Tribal clearly written and described projects total project costs). Environmental Agreement and use these • Potential Environmental Results—a Matching funds can be provided by agreements to support their application high likelihood for positive entities other than the S/T/LG agency. for these grant funds. If the state or tribe environmental results in the short and Other federal money cannot be used as chooses to add wetland grant funds to long term the match for this grant program. an existing PPG, EPA will add these • Transferability of Results and/or However, Indian tribes can use funds funds to the PPG by a grant amendment Methods to Other S/T/LG provided under the Indian Self- and the recipient must amend its work • Success of Previous Projects—for Determination and Education Act (i.e., plan to identify the specific wetland- any applicants who have received prior 638 funds) to provide the required related output or outcome measures that EPA funding matching funds to the extent authorized will be accomplished. • Involvement/Commitment of the S/ by that Act and implementing For further information, see 63 FR T/LG applicant—significant financial regulations. 53764, ‘‘Performance Partnership Grants and personnel contribution, Matching funds are considered grant for State and Tribal Environmental involvement of partners, incorporation funds. They may be used for the Programs: Revised Interim Guidance’’ of project into broad agency goals. reasonable and necessary expenses of (Oct. 6, 1998) and the proposed rules for Some EPA Regions have additional carrying out the work plan. Any State and Tribal environmental program criteria for evaluating grant restrictions on the use of grant funds grants at 64 FR 40064 and 40084 (July applications. Please contact your (i.e. acquisition of land) also apply to 23, 1999). Regional Grant Coordinator for further the use of matching funds. b. Core Elements of a State or Tribal guidance (see Appendix C). d. Quality Assurance/Quality Control Comprehensive Wetland Program: The (QA/QC): QA/QC and peer review are EPA Wetland Program Development V. Application Procedures sometimes applicable to these grants. Grants have assisted states and tribes in Wetland Program Development Grants Each application should be evaluated to developing or refining their wetland are applied for through EPA Regional determine if QA/QC is needed in order programs since 1990. Under the offices. Regional offices review all their to comply with the quality system Wetland Program Development Grants, applications and select the most requirements under EPA Order 5360.1. funds can only support development or competitive projects for funding. We These requirements apply to the enhancement of wetland programs; emphasize that the quality of the collection of environmental data. funds cannot support operation or applications will play a significant role Environmental data is any implementation of wetland programs. in the Region’s selection of grants for measurements or information that EPA’s Wetlands Division recognizes that funding. describe environmental processes, not being able to fund the operation of a. Application Package: Interested location, or conditions; ecological or state and tribal programs has been applicants must submit an application health effects and consequences; or the problematic to states and tribes. including completed EPA grant forms performance of environmental To address this problem, EPA’s and a work plan. At a minimum, work technology. Environmental data Wetlands Division will provide a plans must include a project includes information collected directly limited exception to the normal description, time-line, budget, and from measurements, produced from competitive process for wetland grants. deliverables. Some Regional offices may models, and compiled from other States or tribes who demonstrate that ask S/T/LGs to submit pre-application sources such as data bases or literature. they meet a set of core elements for a

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Comprehensive Wetland Program can • Information on status of funding • This grant program cannot fund land apply to EPA for funding to partially (total federal funds awarded, federal acquisition or purchase of easements. support operation of their wetland funds expended, federal funds However, this program can support planning efforts to identify areas for acquisition. program, but only if these funds will be remaining), • • This grant program cannot fund payment included in the state or tribe’s PPG (see Accomplishments in the last of taxes for landowners who have wetlands above guidelines and restrictions). For reporting period/progress to date (short on their property. states, the recipient may only use funds narrative assessment of • While contractual efforts can be a part of for implementation if the state’s PPG accomplishments and program these grants, each grant must have a includes other grant funds from at least highlights for that reporting period), significant involvement by the state/tribal/ one other environmental program which • Deficiencies and/or corrective local agency receiving the grant. EPA authorizes wetland program work as an actions (short narrative of any program recommends that recipients use no more than eligible activity (e.g. CWA Section 106 deficiencies or corrective actions during 50% of the grant funds for contractual efforts. However, if the S/T/LG feels that it needs to or Section 319 grants). that reporting period and proposed A description of the Core Elements of exceed this limit, it should submit a written corrective actions or project justification for greater contractual efforts a Comprehensive Wetland Program and modifications), and with its grant application. EPA’s Regional information on program approval is • Planned activities for the next Office will evaluate the need for greater available on EPA’s web page at: reporting period (short narrative contractual efforts and may approve the www.epa.gov/owow/wetlands/ or by describing upcoming activities.) request if they agree that there is adequate calling EPA Helpline at 1–800–832– e. Public Participation: EPA justification to exceed the 50% limit. Work 7828. regulations (40 CFR Part 25) require done by other S/T/LG agencies is not c. Local and Tribal Funding Targets: public participation in various Clean considered contractual efforts. The grant application should clearly indicate if the Each Regional Office shall support the Water Act programs including grants. local government initiative and tribal ‘‘contractual’’ work is being done by another Each applicant for EPA financial S/T/LG agency. efforts by targeting at least 15% of their assistance (40 CFR 25.11) shall include • Inventory or mapping for the sole Regional allocation to local government tasks for public participation in their purpose of locating wetlands in a S/T/LG is and tribal applications. project’s work plan submitted in the not eligible for funding under this grant d. Reporting: EPA uses information on grant application. The project work plan program. A description of how mapping or progress and completion of wetland should reflect how public participation inventory projects will directly develop or grants and/or cooperative wetland will be provided for, assisted, and improve S/T/LG’s wetland protection programs must be included in the grant management efforts between EPA and S/ accomplished. T/LGs to disseminate information on application for these types of projects to be f. Annual Wetlands Meeting/Training: considered for funding under this grant effective wetland management EPA encourages S/T/LGs to include approaches to the general public and program. travel costs in the grant application for • Each grant must be completed with the other S/T/LG. Information on the grant wetland personnel to attend at least one initial award of funds. S/T/LGs should not projects is also used to provide national wetland meeting or training anticipate additional funding beyond the information about the progress and each year (e.g. Association of State initial award of funds for a specific project. usefulness of the grant program to Wetland Managers Annual Meeting). S/T/LGs should request the entire amount of Congress, the Office of Management and money needed to complete the project in the EPA’s Wetlands Division does not Budget, other federal agencies, and original application. Each grant should anticipate providing travel for state, within EPA. Such information helps produce a final, discrete product. Funding tribal or local government staff to attend EPA improve our partnerships with S/ and project periods can be for more than one meetings other than through this grant year so long-term projects can continue over T/LGs and to set priorities for improving program. more than one year. wetland protection. • Grant funds cannot be used to fund an S/T/LG Wetland Program Appendix A—Grant Restrictions honorarium. Development Grants are currently • Based on experience gained from previous Any field work or research-type covered under EPA’s general grant years and policy and regulation, we offer the activities are limited to activities that have a regulations, 40 CFR Part 31. These following comments/restrictions on funding direct, demonstrated link to program regulations specify basic grant reporting eligibility. development or refinement included in the requirements, including performance • application. Universities (except those chartered as a • and financial reports. In negotiating part of state government), schools, non- Purchase/lease of vehicles (including these grants, the Regions will work governmental agencies and nonprofit boats, motor homes) and office furniture is not eligible for funding. closely with their S/T/LGs to organizations are not eligible for direct • funding under this grant program. However, Grant funds cannot be used to pay for incorporate appropriate reporting travel by federal agency staff. However, grant requirements into each grant agreement they can be prime or subcontractor on grants awarded to S/T/LG agencies as long as that funds can be used to pay state, tribal or local consistent with 40 CFR 31.40 and 31.41. recipient actively participates and has a government travel costs related to the grant These regulations provide sufficient significant role in the project. The state, tribe project. flexibility to allow the Agency, in or local agency should not simply pass Appendix B—Example WPDG Project consultation with the S/T/LGs, to through funding to an organization that is not Topics determine the appropriate reporting eligible to receive funding directly. requirements, within certain • Universities that are legally chartered as EPA has developed a database of all boundaries, and to specify their content part of state government are eligible to projects supported through the Wetland and frequency. receive grant funds as they fall under the Program Development Grants funding. This Regional offices will set the time ‘‘state agency’’ category. The university must searchable database will be available on provide documentation that supports the EPA’s web page in July, 2000 at: frames and required content of all premise that they function as a state agency www.epa.gov/owow/wetlands. periodic performance reports. However, and EPA must agree with the premise before The following is a sample list of past at a minimum, the reports should grant funds are awarded. Land grant schools projects that have been funded through include: do not automatically qualify for direct Wetland Program Development Grants. This • Project description—short narrative funding because of their status as a land grant is not an exhaustive list, and S/T/LGs may of the original project school. submit any eligible proposal for wetland

VerDate 112000 10:42 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\25JYN1.SGM pfrm04 PsN: 25JYN1 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Notices 45769 program development which addresses the ENVIRONMENTAL PROTECTION (NAICS) codes have been provided to goals of EPA’s wetland program outlined in AGENCY assist you and others in determining this document: whether or not this action might apply • Comprehensive planning of wetland [PF±957; FRL±6596±4] to certain entities. If you have questions resources, or integration of wetland Notice of Filing a Pesticide Petition to regarding the applicability of this action management into broad watershed protection to a particular entity, consult the person Establish a Tolerance for a Certain approaches. listed under ‘‘FOR FURTHER Pesticide Chemical in or on Food • Development of S/T/LG Wetland INFORMATION CONTACT.’’ Conservation Plans (WCP). AGENCY: Environmental Protection • B. How Can I Get Additional Development of a framework for Agency (EPA). assuming CWA Section 404 program or Information, Including Copies of this ACTION: Notice. Programmatic General Permits program. Document and Other Related • Documents? Development of widely applicable model SUMMARY: This notice announces the wetland training programs for S/T/LGs. initial filing of a pesticide petition 1. Electronically. You may obtain • Incorporation of wetlands into water proposing the establishment of electronic copies of this document, and quality standards, or refining criteria to regulations for residues of a certain certain other related documents that appropriately reflect water quality conditions pesticide chemical in or on various food might be available electronically, from in wetlands. commodities. the EPA Internet Home Page at http:// • Creation, piloting and refining of www.epa.gov/. To access this DATES: Comments, identified by docket wetland and riparian restoration programs. document, on the Home Page select • Development, piloting and refining of control number PF–957, must be ‘‘Laws and Regulations’’ and then look wetland bioassessment programs to evaluate received on or before August 24, 2000. up the entry for this document under wetland health and performance of ADDRESSES: Comments may be the ‘‘Federal Register—Environmental protection and restoration activities. submitted by mail, electronically, or in Documents.’’ You can also go directly to • Facilitation of public-private person. Please follow the detailed the Federal Register listings at http:// partnerships to develop wetland restoration, instructions for each method as www.epa.gov/fedrgstr/. protection or education programs. provided in Unit I.C. of the 2. In person. The Agency has • Creation of and/or participation in ‘‘SUPPLEMENTARY INFORMATION.’’ established an official record for this training that builds watershed and wetland To ensure proper receipt by EPA, it is action under docket control number PF– partnership and technical skills (e.g. the imperative that you identify docket 957. The official record consists of the Watershed Academy). control number PF–957 in the subject documents specifically referenced in • Conducting outreach and education line on the first page of your response. this action, any public comments efforts aimed at improving public FOR FURTHER INFORMATION CONTACT: By received during an applicable comment understanding of wetland protection and mail: Jim Tompkins, Registration period, and other information related to regulatory efforts. this action, including any information • Division (7505C), Office of Pesticide Development of outreach programs to Programs, Environmental Protection claimed as confidential business inform owners of potential wetland Agency, 1200 Pennsylvania Ave., NW., information (CBI). This official record restoration sites of government assistance Washington, DC 20460; telephone includes the documents that are programs. physically located in the docket, as well • number: (703) 305–5697; e-mail address: Creating public education programs [email protected]. as the documents that are referenced in which promote wetland information for SUPPLEMENTARY INFORMATION: those documents. The public version of American Wetlands month. the official record does not include any Appendix C—Grant Coordinators I. General Information information claimed as CBI. The public A. Does this Action Apply to Me? version of the official record, which Region 1: Bob Goetzel, 617/565–3602, includes printed, paper versions of any [email protected] You may be affected by this action if electronic comments submitted during Region 2: John Cantilli, 212/637–3810, you are an agricultural producer, food an applicable comment period, is [email protected] manufacturer or pesticide manufacturer. available for inspection in the Public Region 3: Alva Brunner, 215/814–2715, Potentially affected categories and Information and Records Integrity [email protected] entities may include, but are not limited Branch (PIRIB), Rm. 119, Crystal Mall Region 4: Sharon Ward, 404/562–9369, to: #2, 1921 Jefferson Davis Highway, [email protected] Arlington, VA, from 8:30 a.m. to 4 p.m., Region 5: Cathy Garra, 312/886–0241, Monday through Friday, excluding legal [email protected] holidays. The PIRIB telephone number Region 6: Sondra McDonald, 214/665–7187, Cat- NAICS Examples of poten- is (703) 305–5805. [email protected] egories codes tially affected entities Region 7: Raju Kakarlapudi, 913/551–7320, C. How and to Whom Do I Submit [email protected] Industry 111 Crop production Comments? Region 8: Ed Stearns, 303/312–6946, 112 Animal production 311 Food manufacturing You may submit comments through [email protected] 32532 Pesticide manufac- the mail, in person, or electronically. To Region 9: Cheryl McGovern, 415/744–2013, turing ensure proper receipt by EPA, it is [email protected] imperative that you identify docket Region 10: Anne Robinson, 206/553–6219, This listing is not intended to be control number PF–957 in the subject [email protected] exhaustive, but rather provides a guide line on the first page of your response. Headquarters: Shanna Draheim, 202/260– for readers regarding entities likely to be 1. By mail. Submit your comments to: 6218, [email protected] affected by this action. Other types of Public Information and Records [FR Doc. 00–18639 Filed 7–23–00; 8:45 am] entities not listed in the table could also Integrity Branch (PIRIB), Information BILLING CODE 6560±50±U be affected. The North American Resources and Services Division Industrial Classification System (7502C), Office of Pesticide Programs

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(OPP), Environmental Protection 3. Provide copies of any technical Monsanto Company Agency, 1200 Pennsylvania Ave., NW., information and/or data you used that 0F6130 Washington, DC 20460. support your views. EPA has received a pesticide petition 2. In person or by courier. Deliver 4. If you estimate potential burden or your comments to: Public Information 0F6130 from Monsanto Company, 600 costs, explain how you arrived at the 13th St., NW., Suite 660, Washington, and Records Integrity Branch (PIRIB), estimate that you provide. Information Resources and Services DC 20005 proposing, pursuant to Division (7502C), Office of Pesticide 5. Provide specific examples to section 408(d) of the FFDCA, 21 U.S.C. Programs (OPP), Environmental illustrate your concerns. 346a(d), to amend 40 CFR part 180 by Protection Agency, Rm. 119, Crystal 6. Make sure to submit your establishing a tolerance for residues of Mall #2, 1921 Jefferson Davis Highway, comments by the deadline in this glyphosate (N- phosphonomethyl)glycine from the Arlington, VA. The PIRIB is open from notice. 8:30 a.m. to 4 p.m., Monday through application of glyphosate, the 7. To ensure proper receipt by EPA, isopropylamine salt of glyphoste, the Friday, excluding legal holidays. The be sure to identify the docket control PIRIB telephone number is (703) 305– ethanolamine salt of glyphosate, and the number assigned to this action in the 5805. ammonium salt of glyphosate in or on subject line on the first page of your the raw agricultural commodity grass 3.Electronically. You may submit your response. You may also provide the forage, fodder, and hay group at 300 comments electronically by e-mail to: name, date, and Federal Register parts per million (ppm). These ‘‘[email protected],’’ or you can citation. tolerances would replace the existing submit a computer disk as described tolerances for Bahia grass, Bermuda above. Do not submit any information II. What Action is the Agency Taking? grass, bluegrass, bromegrass, fescue, electronically that you consider to be orchard grass, rye grass, timothy, and CBI. Avoid the use of special characters EPA has received a pesticide petition wheat grass at 200 ppm, and forage, and any form of encryption. Electronic as follows proposing the establishment and/or amendment of regulations for grasses at 0.2 ppm, grasses forage, at 0.2 submissions will be accepted in ppm, and grasses forage, at 0.1 ppm. residues of a certain pesticide chemical Wordperfect 6.1/8.0 or ASCII file The Agency has determined that the in or on various food commodities format. All comments in electronic form petition contains data or information must be identified by docket control under section 408 of the Federal Food, regarding the elements set forth in number PF–957. Electronic comments Drug, and Comestic Act (FFDCA), 21 section 408(d)(2) of the FFDCA; may also be filed online at many Federal U.S.C. 346a. EPA has determined that however, EPA has not fully evaluated Depository Libraries. this petition contains data or the sufficiency of the submitted data at D. How Should I Handle CBI That I information regarding the elements set this time or whether the data support Want to Submit to the Agency? forth in section 408(d)(2); however, EPA granting of the petition. Additional data has not fully evaluated the sufficiency may be needed before EPA rules on the Do not submit any information of the submitted data at this time or petition. electronically that you consider to be whether the data support granting of the CBI. You may claim information that petition. Additional data may be needed A. Residue Chemistry you submit to EPA in response to this before EPA rules on the petition. 1. Plant metabolism. The qualitative document as CBI by marking any part or nature of the residue in plants is all of that information as CBI. List of Subjects adequately understood. Studies with a Information so marked will not be Environmental protection, variety of plants including corn, cotton, disclosed except in accordance with soybeans, and wheat indicate that the Agricultural commodities, Feed procedures set forth in 40 CFR part 2. uptake of glyphosate or its metabolite, additives, Food additives, Pesticides In addition to one complete version of aminomethylphosphonic acid (AMPA), and pests, Reporting and recordkeeping the comment that includes any from soil is limited. The material which information claimed as CBI, a copy of requirements. is taken up is readily translocated. the comment that does not contain the Dated: July 20, 2000. Foliarly applied glyphosate is readily information claimed as CBI must be James Jones, absorbed and translocated throughout submitted for inclusion in the public Director, Registration Division, Office of the trees or vines to the fruit of apples, version of the official record. Pesticide Programs. coffee, dwarf citrus (calamondin), pears, Information not marked confidential and grapes. Metabolism via N- will be included in the public version Summary of Petition methylation yields N-methylated of the official record without prior glycines and phosphonic acids. For the The petitioner summary of the notice. If you have any questions about most part, the ratio of glyphosate to CBI or the procedures for claiming CBI, pesticide petition is printed below as AMPA is 9 to 1 but can approach 1 to please consult the person identified required by section 408(d)(3) of the 1 in a few cases (e.g., soybeans and under ‘‘FOR FURTHER INFORMATION FFDCA. The summary of the petition carrots). Much of the residue data for CONTACT.’’ was prepared by the petitioner and crops reflects a detectable residue of represents the view of the petitioner. parent (0.05–0.15 ppm) along with E. What Should I Consider as I Prepare EPA is publishing the petition summary My Comments for EPA? residues below the level of detection verbatim without editing it in any way. (<0.05 ppm) of AMPA. The terminal You may find the following The petition summary announces the residue to be regulated in plants is suggestions helpful for preparing your availability of a description of the glyphosate per se. comments: analytical methods available to EPA for 2. Analytical method. Adequate 1. Explain your views as clearly as the detection and measurement of the enforcement methods are available for possible. pesticide chemical residues or an analysis of residues of glyphosate in or 2. Describe any assumptions that you explanation of why no such method is on plant commodities. These methods used. needed. include GLC (Method I in Pesticides

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Analytical Manual (PAM) II; the limit of parental and reproductive (pup) 6. Animal metabolism. The qualitative detection is 0.05 ppm) and high NOAELs at 30 mg/kg/day HDT based on nature of the residue in animals is performance liquid chromatography no adverse effects related to dosing at adequately understood. Studies with (HPLC) with fluorometric detection. Use any level tested. lactating goats and laying hens fed a of the GLC method is discouraged due In a 2-generation reproduction study, mixture of glyphosate and AMPA to the lengthiness of the experimental rats were fed dosage levels of 0, 100, indicate that the primary route of procedure. The HPLC procedure has 500, and 1,500 mg/kg/day with a elimination was by excretion (urine and undergone successful Agency validation systemic NOAEL of 500 mg/kg/day feces). These results are consistent with and was recommended for inclusion in based on soft stools in Fo and F1 males metabolism studies in rats, rabbits, and PAM II. A gas chromatography mass and females at 1,500 mg/kg/day HDT cows. The terminal residues in eggs, spectrometry (GC/MS) method for and a reproductive NOAEL 1,500 mg/ milk, and animal tissues are glyphosate glyphosate in crops has also been kg/day HDT. and its metabolite AMPA; there was no validated by EPA’s analytical chemistry 4. Subchronic toxicity. In a 2-day evidence of further metabolism. The laboratory (ACL). dermal toxicity study, rabbits were terminal residue to be regulated in Adequate analytical methods are exposed to glyphosate at levels of 0, 10, livestock is glyphosate per se. available for residue data collection and 1,000, or 5,000 mg/kg/day. The systemic 7. Metabolite toxicology. The enforcement of the proposed tolerances NOAEL was 1,000 mg/kg/day and the metabolite AMPA has been determined of glyphosate in or on grass forage, lowest observed adverse effect level to not be of toxicological significance. fodder, and hay group. (LOAEL) was 5,000 mg/kg/day based on 8. Endocrine disruption. The toxicity 3. Magnitude of residues. The decreased food consumption in males. studies required by EPA for the available crop field trial residue data Although serum lactate dehydrogenase registration of pesticides measure support the establishment of tolerances was decreased in both sexes at the high numerous endpoints with sufficient in grass forage, fodder, and hay at 300 dose, this finding was not considered to sensitivity to detect potential endocrine- modulating activity. No effects have ppm. This new tolerance will be be toxicologically significant. sufficient to replace the existing been identified in subchronic, chronic 5. Chronic toxicity. A 1-year feeding tolerances for specific grass species at or developmental toxicity studies to study with dogs fed dosage levels of 0, 200 ppm. Any secondary residues indicate any endocrine-modulating 20, 100, and 500 mg/kg/day with a occurring in the liver or kidney of cattle, activity by glyphosate. In addition, NOAEL of 500 mg/kg/day. A 2-year goats, horses, sheep, liver, and kidney of negative results were obtained when carcinogenicity study in mice fed poultry will be covered by existing glyphosate was tested in a dominant- dosage levels of 0, 150, 750, and 4,500 tolerances, and the available data lethal mutation assay. While this assay mg/kg/day with no carcinogenic effect indicate that residues of glyphosate are was designed as a genetic toxicity test, at the highest dose tested HDT of 4,500 not anticipated to occur in any other agents that can affect male reproduction mg/kg/day. livestock commodities as a result of this function will also cause effects in this A chronic feeding/carcinogenicity action. assay. More importantly, the multi- study in male and female rats fed dosage generation reproduction study in B. Toxicological Profile levels of 0, 3, 10, and 31 mg/kg/day rodents is a complex study design 1. Acute toxicity. Several acute (males) and 0, 3, 11, or 34 mg/kg/day which measures a broad range of toxicology studies placing technical- (females) with no carcinogenic effects endpoints in the reproductive system grade glyphosate in toxicity category III observed under the conditions of the and in developing offspring that are and toxicity category IV. Technical study at dose levels up to and including sensitive to alterations by chemical glyphosate is not a dermal sensitizer. 31 mg/kg/day HDT (males) and 34 mg/ agents. Glyphosate has been tested in 2. Genotoxicty. Mutagenicity data kg/day HDT (females) and a systemic two separate multi-generation studies included chromosomal aberration in NOAEL of 31 mg/kg/day HDT (males) and each time the results demonstrated vitro (no aberrations in chinese hamster and 34 mg/kg/day HDT (females). that glyphosate is not a reproductive ovary (CHO) cells were caused with and Because a maximum tolerated dose toxin. without S9 activation); DNA repair in (MTD) was not reached, this study was rat hepatocyte; in vivo bone marrow classified as supplemental for C. Aggregate Exposure cytogenetic test in rats; rec-assay with B. carcinogenicity. 1. Dietary exposure—From food and subtilis; reverse mutation test with A second chronic feeding/ feed uses. Tolerances have been S.typhimurium; Ames test with S. carcinogenicity study in male and established (40 CFR 180.364) for the typhimurium; and dominant-lethal female rats fed dosage levels of 0, 89, residues of (N- mutagenicity test in mice (all negative). 362, and 940 mg/kg/day (males) and 1, (phosphonomethyl)glycine resulting 3. Reproductive and developmental 113, 457, and 1,183 mg/kg/day (females) from the application of the toxicity. A developmental toxicity study with no carcinogenic effects noted isopropylamine salt of glyphosate, and/ in rabbits given doses of 0, 75, 175, and under the conditions of the study at or the ammonium salt of glyphosate, in 350 milligrams/kilograms/day (mg/kg/ dose levels up to and including 940/ or on a variety of raw agricultural day) with a developmental no observed 1,183 mg/kg/day (males/females) HDT commodities. Tolerances are established adverse effect level (NOAEL) of 175 mg/ and a systemic NOAEL of 362 mg/kg/ on the kidney of cattle, goats, hogs, kg/day (insufficient litters were day (males) based on an increased horses, and sheep at 4.0 ppm; liver of available at 350 mg/kg/day to assess incidence of cataracts and lens cattle, goats, hogs, horses, and sheep at developmental toxicity); a maternal abnormalities, decreased urinary pH, 0.5 ppm; and liver, and kidney of NOAEL of 175 mg/kg/day based on increased liver weight and increased poultry at 0.5 ppm based on animal clinical signs of toxicity and mortality at liver weight/brain ratio (relative liver feeding studies and worst-case livestock 350 mg/kg/day highest dose tested weight) at 940 mg/kg/day (males) HDT diets. Risk assessments were conducted (HDT). and 457 mg/kg/day (females) based on by EPA to assess dietary exposures from A multi-generation reproduction decreased (bwt) body weight gain 1,183 glyphosate as follows. study with rats fed dosage levels of 0, mg/kg/day (females) HDT. There was no i. Food—a. Acute exposure and risk. 3, 10, and 30 mg/kg/day with the carcinogenic response at any dose level. Acute dietary risk assessments are

VerDate 112000 10:42 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\25JYN1.SGM pfrm04 PsN: 25JYN1 45772 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Notices performed for a food-use pesticide if a in surface and ground water, 2. Non-dietary exposure. Glyphosate toxicological study has indicated the respectively. The drinking water is currently registered for use on the possibility of an effect of concern exposure for glyphosate from the ground following residential non-food sites: occurring as a result of a 1-day or single water screening model, SCI-GROW, Around ornamentals, shade trees, exposure. An acute dietary risk yields a peak and chronic estimated shrubs, walks, driveways, flower beds, assessment was not performed because environmental concentration (EEC) of and home lawns. Based on the no endpoints attributable to single dose 0.0011 parts per billion (ppb) in ground registered uses of glyphosate, the were identified in the oral studies water. The GENEEC values represent potential for residential exposures including rat and rabbit developmental upper-bound estimates of the exists. However, based on the low acute studies. There are no data requirements concentrations that might be found in toxicity and lack of other toxicological for acute and subchronic neurotoxicity surface water due to glyphosate use. concerns, glyphosate does not meet the studies and no evidence of Thus, the GENEEC model predicts that Agency’s criteria for residential data neurotoxicity in any of the toxicity glyphosate surface water concentrations requirements and a residential exposure studies at very high doses. The Agency range from a peak of 1.64 ppb to a 56- assessment is not required since there has concluded with reasonable certainty day average of 0.19 ppb. The model are no toxicological endpoints selected that glyphosate dose not elicit an acute estimates are compared directly to for either dermal or inhalation exposure. toxicological response, and that an acute drinking water levels of comparison Exposures from residential uses are not dietary risk assessment is not needed. (DWLOC) (chronic). The DWLOC expected to pose undue risks or harm to b. Chronic exposure and risk. The (chronic) is the theoretical public health. chronic dietary exposure analysis was concentration of glyphosate in drinking i. Acute exposure and risk. There are conduced using the reference dose (RfD) water so that the aggregate chronic no acute toxicological concerns for of 2.0 mg/kg/day based on the maternal exposure (food + water + residential) glyphosate. Glyphosate has been the NOAEL of 175 mg/kg/day from a will occupy no more than 100% of the subject of numerous incident reports, developmental study and an uncertainty RfD. This assessment does not take into primarily for eye and skin irritation factor of 100 (applicable to all account expected reductions in any injuries, in California. Some glyphosate population groups) the Dietary Exposure glyphosate concentrations in water end-use products are in toxicity Evaluation Model (DEEM) analysis arising from water treatment of surface categories I and II for eye and dermal assumed tolerance levels residues and water prior to releasing it for drinking irritation. The reregistration eligibility 100% of the crop treated. These purposes. The Agency’s default body decision document for glyphosate (SEP– assumptions resulted in the following weights (bwts) and consumption values 1993) indicated that the Agency is not theoretical maximum residue used to calculate DWLOCs are as adding additional personal protective contributions and percent RfDs for follows: 70 kg/2 liter (L) (adult male), 60 equipment (PPE) requirements to labels certain population subgroups. The kg/2L (adult female), and 10 kg/1L of end-use products, but that it theoretical maximum residue (child). continues to recommend the PPE and contribution (TMRC) for the U.S. a. Acute exposure and risk. An acute precautionary statements required for population (48 contiguous states) was dietary endpoint and dose was not end-use products in toxicity categories I 0.029960 or 1.5% of the RfD; 0.026051 identified in the toxicology data base. and II. or 1.3% of the RfD for nursing infants Adequate rat and rabbit developmental ii. Chronic exposure and risk. (less than on 1-year old); 0.065430 or studies did not provide a dose or Although there are registered residential 3.3% of the RfD for non-nursing infants endpoint that could be used for acute uses for glyphosate, glyphosate does not less than 1–year old; 0.064388 or 3.2% dietary risk purposes. Additionally, meet the Agency’s criteria for residential of the RfD for children (1-6 years old); there were no data requirements for data requirements, due to the lack of 0.043017 or 2.2% of the RfD for children acute or subchronic rat neurotoxicity toxicological concerns. Incidental acute (7–12 years old); 0.030928 or 1.5% of studies since there was no evidence of and/or chronic dietary exposures from the RfD for females (13+/nursing); neurotoxicity in any of the toxicology residential uses of glyphosate are not 0.030241 or 1.5% of the RfD for non- studies at very high doses. expected to pose undue risks to the hispanic whites; and 0.030206 or 1.5% b. Chronic exposure and risk. The general population, including infants of the RfD for non-hispanic blacks. DWLOC (chronic, non-cancer) risk is and children. These exposure levels are unaffected by calculated by multiplying the allowed iii. Short- and intermediate-term the proposed tolerances on grass forage, chronic water exposure (mg/kg/day) x exposure and risk. EPA identified no fodder, and hay group. These bwt/kg divided by the consumption (L) toxicological concerns for short-, commodities are only consumed by x 103 µg/mg. The DWLOCs are 69,000 intermediate-, and long-term dermal or livestock, and the existing tolerances in µg/L for the U.S. population in 48 inhalation routes of exposures for liver and kidney fractions of cattle, contiguous states, males (13+), non- glyphosate. The Agency has concluded goats, horses, sheep, and poultry are hispanic whites, and non-hispanic that exposures from residential uses of considered sufficient to account for any blacks; and 19,000 for non-nursing glyphosate are not expected to pose additional dietary burden these animals infants (less than 1–year old) and undue risks. may encounter. children (1-6 years). Although the c. Chronic risk-carcinogenic. GENEEC and SCI–GROW models are D. Cumulative Effects Glyphosate has been classified as a known to produce worst-case estimates, Cumulative exposure to substances group E chemical no evidence of the resulting average concentrations of with a common mechanism of toxicity. carcinogenicity in two acceptable glyphosate in the surface and ground Section 408(b)(2)(D)(v) requires that, animal species. water are more than 10,000–fold less when considering whether to establish, ii. Drinking water. Generic Expected than the DWLOC (chronic). Therefore, modify, or revoke a tolerance, the Environmental Concentration (GENEEC) taking into account present uses and Agency consider ‘‘available and Screening Concentration and uses proposed in this action, Monsanto information’’ concerning the cumulative Groundwater (SCI-GROW) models were concludes with reasonable certainty that effects of a particular pesticide residue run by EPA to produce maximum no harm will result from chronic and ‘‘other substances that have a estimates of glyphosate concentrations aggregate exposure to glyphosate. common mechanism of toxicity.’’

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EPA does not have, at this time, humans in two acceptable animal is required only if effects observed in available data to determine whether studies. the acute and 90-day neurotoxicity glyphosate has a common mechanism of v. Determination of safety. Based on studies indicate concerns for frank toxicity with other substances or how to these risk assessments, Monsanto neuropathy or alterations seen in fetal include this pesticide in a cumulative concludes that there is a reasonable nervous system in the developmental or risk assessment. Unlike other pesticides certainty that no harm will result from reproductive toxicology studies. The for which EPA has followed a aggregate exposure to glyphosate Agency has concluded that reliable data cumulative risk approach based on a residues. support the use of the standard 100–fold common mechanism of toxicity, 2. Infants and children—i. Safety uncertainty factor for glyphosate, and glyphosate does not produce a toxic factor for infants and children. In that a ten-fold (10x) uncertainty factor is metabolite that is also produced by general, when assessing the potential for not needed to protect the safety of other substances. For the purposes of additional sensitivity of infants and infants and children. this tolerance action, therefore, EPA children to residues of glyphosate, EPA iv. Acute risk. There are no acute should assumed that glyphosate does considers data from developmental toxicological endpoints for glyphosate. not have a common mechanism of toxicity studies in the rat and rabbit and The Agency has concluded that toxicity with other substances. For a 2–generation reproduction study in establishment of the proposed the rat. The developmental toxicity information regarding EPA’s efforts to tolerances would not pose an studies are designed to evaluate adverse determine which chemicals have a unacceptable aggregate risk. common mechanism of toxicity and to effects on the developing organism v. Chronic risk. Using the exposure evaluate the cumulative effects of such resulting from maternal pesticide assumptions described in this unit, EPA chemicals, see the final rule for exposure gestation. Reproduction has concluded that aggregate exposure Bifenthrin Pesticide Tolerances (62 FR studies provide information relating to to glyphosate from food utilizing 62961, November 26, 1997) (FRL–5754– effects from exposure to the pesticide on present tolerances will utilize 3.0.% of 7). the reproductive capability of mating animals and data on systemic toxicity. the RfD for infants and children. EPA E. Safety Determination FFDCA section 408 provides that EPA generally has no concern for exposures 1. U.S. population—i. Acute risk. shall apply an additional ten-fold below 100% of the RfD because the RfD There was no acute dietary endpoint margin of safety for infants and children represents the level at or below which identified, therefore there are no acute in the case of threshold effects to daily aggregate dietary exposure over a toxicological concerns for glyphosate. account for prenatal and postnatal lifetime will not pose appreciable risks ii. Chronic risk. Using the TMRC toxicity and the completeness of the to human health. These dietary exposure assumptions described in this data base unless EPA determines that a exposure levels are unaffected by the unit, EPA has concluded that aggregate different margin of safety will be safe for proposed tolerances on grass forage, exposure to glyphosate from food will infants and children. Margins of safety fodder, and hay group, because these utilize 1.5% of the RfD for the U.S. are incorporated into EPA risk commodities are only consumed by population. The major identifiable assessments either directly through use livestock, and the existing tolerances in subgroup with the highest aggregate of a margin of exposure (MOE) analysis liver and kidney fractions of cattle, exposure is non-nursing infants (less or through using uncertainty (safety) goats, horses, sheep, and poultry are than 1-year) and children (1–6) as factors in calculating a dose level that considered sufficient to account for any discussed below. EPA generally has no poses no appreciable risk to humans. additional dietary burden these animals concern for exposures below 100% of EPA believes that reliable data support may encounter. Although there is a low the RfD because the RfD represents the using the standard uncertainty factor likelihood, potential exposure to level at or below which daily aggregate (usually 100 for combined interspecies glyphosate in drinking water and from dietary exposure over a lifetime will not and intraspecies variability) and not the non-dietary, non-occupational exposure, pose appreciable risks to human health. additional ten-fold MOE/uncertainty EPA has previously concluded that the Despite the potential for exposure to factor when EPA has a complete data aggregate exposure is not expected to glyphosate in drinking water and from base under existing guidelines and exceed 100% of the RfD. non-dietary, non-occupational exposure, when the severity of the effect in infants vi. Short- or intermediate-term risk. the aggregate exposure will not exceed or children or the potency or unusual Short-term and intermediate-term 100% of the RfD. EPA has previously toxic properties of a compound do not dermal and inhalation risk is not a concluded that there is a reasonable raise concerns regarding the adequacy of concern due to the lack of significant certainty that no harm will result from the standard MOE/safety factor. toxicological effects observed with aggregate exposure to glyphosate ii. Prenatal and postnatal sensitivity. glyphosate under these exposure residues at this level. The oral perinatal and prenatal data scenarios. iii. Short- and intermediate-term risk. demonstrated no indication of increased vii. Determination of safety. Based on Short- and intermediate-term dermal sensitivity of rats or rabbits to in utero these risk assessments, EPA has and inhalation risk is not a concern due and postnatal exposure to glyphosate. previously concluded that there is a to the lack of significant toxicological iii. Conclusion. There is a complete reasonable certainty that no harm will effects observed with glyphosate under toxicity data base for glyphosate and result to infants and children from these exposure scenarios. Short- and exposure data are complete or are aggregate exposure to glyphosate intermediate-term aggregate exposure estimated based on data that reasonably residues at these levels. takes into account chronic dietary food accounts for potential exposures. Based and water (considered to be a on these data, there is no indication that F. International Tolerances the developing fetus or neonate is more background exposure level) plus indoor A Codex Maximum Residue Level sensitive than adult animals. No and outdoor residential exposure. exists for ‘‘hay or fodder (dry) of iv. Aggregate cancer risk for U.S. developmental neurotoxicity studies grasses’’ at 50 ppm. population. Glyphosate has been have been required at this time. A classified as a group E chemical, with developmental neurotoxicity data [FR Doc. 00–18794 Filed 7–24–00; 8:45 am] no evidence of carcinogenicity for requirement is an upper tier study and BILLING CODE 6560±50±F

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ENVIRONMENTAL PROTECTION reference the Bioclinical Laboratories underground injection (LEAF v. EPA, AGENCY Superfund Site located in Bohemia, 118 F. 3d 1467). The State was required New York, Docket No. CERCLA–02– to modify its UIC program, and in [FRL±6840±4] 2000–2015. A copy of the proposed December 1999, EPA approved this Proposed CERCLA Administrative settlement may be obtained from the revision. Since the 11th Circuit Court’s Cost Recovery Settlement for the individual listed below. decision, EPA has received verbal and Bioclinical Laboratories Superfund FOR FURTHER INFORMATION CONTACT: written reports from several Site, Bohemia, Suffolk County, New Henry A. Guzman, Assistant Regional environmental interest groups that York Counsel, New York/Caribbean practices associated with methane gas Superfund Branch, Office of Regional production from coal beds has resulted AGENCY: Environmental Protection Counsel, U.S. Environmental Protection in contamination of their underground Agency (EPA). Agency, 17th Floor, 290 Broadway, New drinking water sources. ACTION: Notice; request for public York, New York 10007–1866. Because of such reports, and because comment. Telephone: 212–637–3166. the frequency of coal bed methane development is rapidly escalating, EPA Dated: July 13, 2000. SUMMARY: In accordance with section will conduct a study to evaluate the 122(i) of the Comprehensive William J. Muszynski, environmental risks to underground Environmental Response, Acting Regional Administrator, Region 2. sources of drinking water, potential and Compensation, and Liability Act of [FR Doc. 00–18791 Filed 7–24–00; 8:45 am] actual, associated with hydraulic 1980, as amended (‘‘CERCLA’’), 42 BILLING CODE 6560±50±M fracturing. The study will initially U.S.C. 9622(i), notice is hereby given by evaluate hydraulic fracturing of coal the U.S. Environmental Protection beds, however, EPA will also consider Agency (‘‘EPA’’), Region II, of a ENVIRONMENTAL PROTECTION experiences with hydraulic fracturing proposed administrative settlement AGENCY associated with other types of pursuant to section 122(h) of CERCLA, [FRL±6839±8] production. EPA may later study a 42 U.S.C. 9622(h), for recovery of past wider universe of hydraulic fracturing if response costs concerning the Underground Injection Control (UIC) information collected during this study Bioclinical Laboratories Superfund Site Program; Proposed Coal Bed Methane indicates further investigation is (‘‘Site’’) located at 1585 Smithtown (CBM) Study Design warranted. Avenue in Bohemia, Suffolk County, The current study will estimate New York, with Harold Carpentier and AGENCY: Environmental Protection contamination incidents associated with Carpentier Construction Company, Inc. Agency (EPA). hydraulic fracturing through interviews (‘‘Settling Parties’’). The settlement ACTION: Notice of public meeting to with State and local agencies requires the settling parties to pay the receive comment on a study design for responsible for drinking water principal sum of $100,000.00 in three collecting information to assess protection, citizens, and industries payments plus interest at the prevailing environmental risks associated with the performing hydraulic fracturing. The Superfund interest rate (5.30%), to the hydraulic fracturing of coal beds for study will also include a literature EPA Hazardous Substance Superfund in methane gas recovery. review to provide information on the reimbursement of past response costs potential risks posed by hydraulic SUMMARY: The purpose of this notice is incurred with respect to the Site. The to announce that EPA intends to fracturing of coal beds in areas likely to Settlement includes a covenant not to conduct a study of the environmental be developed for methane gas sue the settling parties pursuant to risks associated with hydraulic production. EPA is requesting comments on the section 107(a) of CERCLA, 42 U.S.C. fracturing; EPA has drafted a design for proposed study design from 9607(a), for all costs incurred at or in the study and invites comment from the stakeholders interested in coal bed connection with the Site by the United public on the study design; and, EPA methane production. EPA believes States prior to December 31, 1999. For will hold a public meeting to solicit receiving stakeholder input in the initial thirty (30) days following the date of input on the study design. publication of this notice, the U.S. Prior to 1997, EPA had not considered study design will assist it in conducting Environmental Protection Agency regulating hydraulic fracturing because a comprehensive investigation in the (‘‘EPA’’ or ‘‘Agency’’) will receive the Agency believed that this well most efficient and expeditious way written comments relating to the production stimulation process did not possible. settlement. The Agency will consider all fall under the UIC program’s purview, DATES: A public meeting is scheduled comments received and may modify or nor was it under the jurisdiction of the for August 24, 2000, from 9:30 a.m. to withdraw its consent to the settlement Safe Drinking Water Act (SDWA). In 4 p.m. EPA requests parties who plan to if comments received disclose facts or 1994, the Legal Environmental attend provide notice including name, considerations that indicate that the Assistance Foundation (LEAF) title, organization, address, telephone, proposed settlement is inappropriate, challenged that interpretation by fax, and/or email by August 15, 2000, so improper or inadequate. The Agency’s petitioning EPA to withdraw Alabama’s that sufficient facilities can be made response to any comments received will EPA-approved Section 1425 (SDWA) available. The meeting will be made be available for public inspection at the UIC program because LEAF believed the available to remote locations through EPA, Region II, 290 Broadway, New State should regulate hydraulic teleconferencing. Any person may also York, New York 10007–1866. fracturing for coal bed methane provide comment on the proposed study DATES: Comments must be submitted on development as underground injection. design in writing to EPA by August 25, or before August 24, 2000. EPA rejected LEAF’s petition, but LEAF 2000. ADDRESSES: The proposed settlement is litigated and in 1997, the 11th Circuit ADDRESSES: The proposed study can be available for public inspection at the Court of Appeals ruled that hydraulic viewed on EPA’s Internet site at http:/ EPA, 290 Broadway, New York, New fracturing of coal beds in Alabama /www.epa.gov/safewater/uic.html. York 10007–1866. Comments should should be regulated under the SDWA as Copies of the proposed study may be

VerDate 112000 10:42 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\25JYN1.SGM pfrm04 PsN: 25JYN1 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Notices 45775 obtained from EPA’s Water Resource minimize the burden of the collection of FEDERAL COMMUNICATIONS Center by phone at (202) 260–7786, or information on the respondents, COMMISSION by e-mail to center.water- including the use of automated [email protected] or by conventional collection techniques or other forms of [DA 00±1596] mail to EPA Water Resource Center, RC– information technology. 4100, Ariel Rios Building, 1200 DATES: Written comments should be New Commission Registration System Pennsylvania Avenue, N.W., submitted on or before August 24, 2000. (CORES) Washington, D.C. 20460. Notices to If you anticipate that you will be attend the public meeting and submitting comments, but find it AGENCY: Federal Communications comments may be submitted to E. difficult to do so within the period of Commission. Barros, Horsley & Witten, Inc., 90 Route time allowed by this notice, you should ACTION: Notice. 6A, Sandwich, MA 02563, Fax: (508) advise the contact listed below as soon 833–9140, E-mail: as possible. [email protected]. The August SUMMARY: This document announces the 24, 2000, public meeting will be held at ADDRESSES: Direct all comments to Les New Commission Registration System the Omni Shoreham, 2500 Calvert Smith, Federal Communications (CORES). Starting July 19, 2000, the Street, NW., Washington, DC, PH: (202) Commission, Room 1–A804, 445 12th Commission will begin implementing 234–0700. Street, S.W., Washington, DC 20554 or (CORES). CORES is a registration system FOR FURTHER INFORMATION CONTACT: L. via the Internet to [email protected]. for entities filing applications or making Cronkhite, Ground Water Protection FOR FURTHER INFORMATION CONTACT: For payments with the Commission. CORES Division, Environmental Protection additional information or copies of the will assign a unique 10-digit FCC Agency, Mail Code 4606, Ariel Rios information collections contact Les Registration Number (FRN) which can Building, 1200 Pennsylvania Avenue, Smith at (202) 418–0217 or via the be obtained both on-line and manually. NW., Washington, DC 20460, PH: (202) Internet at [email protected]. Over time, the FRN will be used by all Commission systems that handle 260–0713. SUPPLEMENTARY INFORMATION: financial, authorization of service, and Dated: July 19, 2000. OMB Control Number: 3060–0773. Cynthia C. Dougherty, enforcement activities. The use of the Title: Marketing of RF Devices Prior to registration number is voluntary, Director, Office of Ground Water and Drinking Equipment Authorization, 47 CFR although the Commission will consider Water. Section 2.830. [FR Doc. 00–18793 Filed 7–24–00; 8:45 am] making it mandatory in the future. FCC Form Number: N/A. customers can access the on-line filing BILLING CODE 6560±50±P Type of Review: Extension of system or get further information on currently approved collection. CORES by visiting the FCC’s web site at www.fcc.gov and clicking on the CORES FEDERAL COMMUNICATIONS Respondents: Businesses or other for- registration link. You may also file COMMISSION profit entities. Number of Respondents: 6,000. manually by completing and filing a FCC Form 160 (CORES Registration). Notice of Public Information Estimated Time Per Response: 0.5 Mailing instructions are found on Form Collection(s) Being Submitted to OMB hours. for Review and Approval 160. Wireless Telecommunications Frequency of Response: On occasion Bureau’s Universal Licensing System July 18, 2000. reporting requirement; Third party registrants will receive a CORES SUMMARY: The Federal Communications disclosure. registration number automatically by Commission, as part of its continuing Total Annual Burden: 3,000 hours. mail if they were registered prior to June effort to reduce paperwork burden Total Annual Costs: N.A. 22, 2000. invites the general public and other Needs and Uses: FCC rules permit the DATES: The Commission Registration Federal agencies to take this display and advertising of radio System (CORES) will be operational on opportunity to comment on the frequency (RF) devices prior to July 19, 2000. The Commission will following information collection, as equipment authorization or a hold a public forum on July 31, 10 to 12 required by the Paperwork Reduction determination of compliance, providing p.m. Act of 1995, Public Law 104–13. An that the advertising or display contains agency may not conduct or sponsor a a conspicuous notice as specified at 47 ADDRESSES: The public forum will be collection of information unless it CFR Section 2.803(c). A notice must held in the Commission Meeting Room displays a currently valid control also accompany RF prototype at 445 12th Street, SW, Washington, DC. number. No person shall be subject to equipment devices offered for sale, as FOR FURTHER INFORMATION CONTACT: any penalty for failing to comply with stated in 47 CFR Section 2.803(c)(2), To a collection of information subject to the prior to equipment authorization or a attend the public forum contact Tammy Paperwork Reduction Act (PRA) that showing of compliance, that the Watson at [email protected], or by calling does not display a valid control number. equipment must comply with FCC rules (202) 418–0565. Individuals with Comments are requested concerning (a) prior to delivery. This information disabilities who need accommodations whether the proposed collection of informs third parties of the FCC’s for the July 31 public forum are asked information is necessary for the proper requirement for the responsible party to to contact Brian Millin at performance of the functions of the comply with its rules. [email protected], or by calling (202) 418– Commission, including whether the 7426 voice, (202) 418–7365 TTY. information shall have practical utility; Federal Communications Commission. (b) the accuracy of the Commission’s Magalie Roman Salas, Andrew S. Fishel, burden estimate; (c) ways to enhance Secretary. Managing Director. the quality, utility, and clarity of the [FR Doc. 00–18730 Filed 7–24–00; 8:45 am] [FR Doc. 00–18731 Filed 7–24–00; 8:45 am] information collected; and (d) ways to BILLING CODE 6712±01±P BILLING CODE 6712±01±P

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FEDERAL RESERVE SYSTEM promote education, development, Research dedicated to a better research, leadership and community understanding of the relationships Sunshine Act Meeting partnerships that enhance the between health status and income, participation of American Indians/ education, race and ethnicity, cultural TIME AND DATE: 11:00 a.m., Monday, July Alaska Natives in the health influences, environment, and access to 31, 2000. professions; and to enhance the health quality medical services will help us PLACE: Marriner S. Eccles Federal status of American Indians/Alaska acquire new insights into eliminating Reserve Board Building, 20th and C Natives in the United States. the disparities and developing new Streets, N.W., Washington, D.C. 20551. The CDC and ATSDR are committed ways to apply our existing knowledge STATUS: Closed. to achieving the health promotion and toward this goal. Improving access to MATTERS TO BE CONSIDERED: disease prevention objectives of quality health care and the delivery of 1. Personnel actions (appointments, ‘‘Healthy People 2010’’, a national preventive and treatment services will promotions, assignments, activity to reduce morbidity and require working more closely with reassignments, and salary actions) mortality and to improve the quality of communities to identify culturally involving individual Federal Reserve life. This announcement is related to the sensitive implementation strategies. System employees. ‘‘Healthy People 2010’’ objectives which Although health statistics on race, 2. Any items carried forward from a specify improving the health of groups ethnicity, socioeconomic status and previously announced meeting. of people bearing a disproportionate disabilities are sparse, the data we do have demonstrates the volume of work CONTACT PERSON FOR MORE INFORMATION: burden of poor health as compared to needed to eliminate health disparities. Lynn S. Fox, Assistant to the Board; the total population. The framework of The greatest opportunities for 202–452–3204. ‘‘Heathy People 2010’’ consists of two broad goals which are to: improvement and the greatest threats to SUPPLEMENTARY INFORMATION: You may 1. Increase quality and years of healthy the future health status of the Nation call 202–452–3206 beginning at reside in the population groups that approximately 5 p.m. two business days life; and 2. Eliminate health disparities. have historically been disadvantaged before the meeting for a recorded economically, educationally and announcement of bank and bank Healthy People’’ is the national politically. holding company applications prevention initiative that identifies scheduled for the meeting; or you may opportunities to improve the health of B. Eligible Applicants contact the Board’s Web site at http:// all Americans. For the conference copy Assistance will be provided only to www.federalreserve.gov for an of ‘‘Healthy People 2010’’ visit the the American Indian Higher Education electronic announcement that not only internet site: applications are solicited. procedural and other information about The life expectancy of Americans has The American Indian Higher the meeting. steadily increased. In 1979, when the Education Consortium (AIHEC), a non- first ‘‘Healthy People: The Surgeon Dated: July 21, 2000. profit 501(c)(3) tax exempt organization General’s Report on Health Promotion Robert deV. Frierson, under the Internal Revenue Code, was and Disease Prevention’’ was published, formed in October, 1972, by six Indian Associate Secretary of the Board. average life expectancy was 73.7 years. community colleges with a view toward [FR Doc. 00–18946 Filed 7–24–00; 3:43 pm] Based on current mortality experience, mobilizing a concerted effort to deal BILLING CODE 6210±01±P babies born in 1995 are expected to live with developmental problems common 75.8 years. However, people have to them all. AIHEC was established for become increasingly interested in other the purpose of providing or facilitating DEPARTMENT OF HEALTH AND health goals, such as preventing technical assistance and training HUMAN SERVICES disability, improving functioning, and programs to assist in the development of relieving pain and the distress caused its member schools. Centers for Disease Control and by physical and emotional symptoms. AIHEC was established as an exercise Prevention The proportion of the population who in tribal sovereignty with which to meet [Program Announcement 00101] assess their current health status the expressed needs of each institution’s positively has not changed substantially tribal population. AIHEC believes these Announcement of a Cooperative during the past decade. In 1987, the institutions to be the only ones that Agreement with the American Indian percentage was 90.4 percent. During the comprehensively address the technical Higher Education Consortium (AIHEC) same period, the percentage of the development needs of their constituent To Enhance Research, Infrastructure, population reporting that they were tribes while promoting and enhancing and Capacity Building Notice of limited in major activity due to chronic their tribal cultures and representing the Availability of Funds conditions actually increased from 18.9 tribes within the broader academic percent in 1988, to 21.4 percent in 1995. community. A. Purpose Eliminating disparities by the year AIHEC is responsible for providing The Centers for Disease Control and 2010 will require new knowledge about training and assistance based on Prevention (CDC) and the Agency for the determinants of disease and individual needs and organizational Toxic Substances and Disease Registry effective interventions for prevention resources. The AIHEC colleges and (ATSDR) announce the availability of and treatment. It will also require universities are the most appropriate fiscal year (FY) 2000 funds for a improved access for all to the resources and qualified institutions to provide cooperative agreement program with the that influence health. Reaching this goal services specified under this American Indian Higher Education will necessitate improved collection and cooperative agreement because: Consortium (AIHEC). The purpose of use of standardized data to correctly 1. AIHEC is sponsored in part by 30 the program is to assist the AIHEC in identify all high-risk populations and member Tribal Colleges and developing the commitment and monitor the effectiveness of health Universities (TCUs) located throughout capacity of their member institutions to interventions targeting these groups. the United States. The consortium began

VerDate 112000 10:42 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\25JYN1.SGM pfrm04 PsN: 25JYN1 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Notices 45777 with six Tribal colleges in 1972 and has Indians/Alaska Natives, National Indian DEPARTMENT OF HEALTH AND expanded to 30 institutions, which exist organizations and Federal agencies. HUMAN SERVICES today. AIHEC strives to serve the 12. AIHEC has experience in common needs of its member Centers for Disease Control and managing activities and resources Prevention institutions by providing the through cooperative agreements with infrastructure for educational Federal, State and local governments. advancement. [Program Announcement 00125] 2. The consortium of Tribal Colleges C. Availability of Funds and Universities (TCUs) individually Improve State and Local Health serve the diverse needs of Tribal Approximately $200,000 is available Information and Data Systems; Notice Nations and Native American people in in FY 2000 to fund this cooperative of Availability of Funds 12 States within the United States. agreement. AIHEC will solicit A. Purpose 3. Each institution has unique applications for special projects and methods in serving their respective fund subawards within the scope of this The Centers for Disease Control and population. AIHEC is the only national program announcement. Subawards will Prevention (CDC) announces the availability of fiscal year (FY) 2000 Native American organization that is be funded through CDC and ATSDR. A funds for a cooperative agreement comprised of and specifically charged cumulative award of approximately program to improve state and local with representing the TCUs. $2,000,000 to the AIHEC is expected 4. The AIHEC is uniquely positioned health information and data systems to during FY 2000. It is expected that the monitor and improve the health of U.S. to consult with TCUs because their awards will begin on September 30, main purpose is to be the primary populations and their communities. 2000. advocate and liaison when collaborating The CDC is committed to achieving with the Federal government, State Funding estimates may vary and are the health promotion and disease government, World Health subject to change. Continuation awards prevention objectives of ‘‘Healthy Organization, universities, colleges, and within the project period will be made People 2010’’, a national activity to other organizations. on the basis of satisfactory progress and reduce morbidity and mortality and 5. The majority of graduates from the availability of funds. improve the quality of life. This TCUs work with the Federal announcement is related to the priority government and Tribal government. D. Where to obtain Additional area—Data and Information Systems, 6. AIHEC is currently promoting Information Chapter 23, ‘‘Public Health Infrastructure’’ of ‘‘Healthy People public health initiatives among tribal A complete program description and members to improve the health status of 2010’’. Healthy People 2010 is available information on application procedures the Indian Nations. Each institution is online at http://www.health.gov/ are contained in the application unique in two ways: (1) they attempt to healthypeople/publications/ or the organize and deliver services to the package. Business management ODPHP Communication Support Indian people; and (2) they administer technical assistance may be obtained Center, P.O. Box 37366, Washington, DC health care to Indian people within their from: Sharon Robertson, Senior Grants 20013–7366, (301) 468–5960. respective area. Management Specialist, Grants The purpose is to develop programs 7. AIHEC promotes public health Management Branch, Procurement and which will enable state and local health activities and the Healthy People 2010 Grants Office, Centers for Disease departments to regularly and Objectives in pursuit of improving the Control and Prevention (CDC) 2920 systematically collect, assemble, health status of American Indians/ Brandywine Road, Room 3000, M.S. E– analyze, and make available information Alaska Natives. 15, Koger Center, Colgate Building, on the health of their populations and 8. AIHEC strives to assist the Indian Atlanta, Georgia 30341–3724. communities. Further background may Nations in the development and Telephone 770–488–2720. E-mail be found in 1988 the Institute of implementation of the highest standards address [email protected]. Medicine published The Future of of education that are consistent with the Public Health, which described the Program technical assistance may be inherent rights of tribal sovereignty and three core functions of public health: obtained from: Karen E. Harris, Senior self-determination. assessment, policy development, and 9. AIHEC has provided a critical Advisor for Research Projects, Office of assurance. For assessment, every public framework for TCUs in serving their the Associate Director for Minority health agency should regularly and tribal communities as a resource to Health, Office of the Director, Centers systematically collect, assemble, comprehensively address the technical for Disease Control and Prevention, analyze, and make available information and economic development needs of 1600 Clifton Road, Northeast, Mailstop on the health of the community, their constituents. TCUs serve their D–39, Atlanta, Georgia 30333. including statistics on health status, communities as resources for research, Telephone (404) 639–4313, e-mail community health needs, and human resource development, and address [email protected]. epidemiologic and other studies of community organization. Dated: July 19, 2000. health problems. 10. The overall goal for AIHEC and the TCUs is to provide educational Henry S. Cassell, III, B. Eligible Applicants programs that respond to the Acting Director, Procurement and Grants Funding will be provided only to community and student needs. Office, Centers for Disease Control and national non-profit organizations, whose 11. The Tribal college’s vision in Prevention (CDC). primary mission is to support State and organizing the AIHEC is to unify and [FR Doc. 00–18702 Filed 7–24–00; 8:45 am] local health agencies in the collection, strengthen the tribal colleges’ BILLING CODE 4163±18±P management, analysis and curriculum within the Federal and State dissemination of population-based, governments, focusing on health and health-related data. These data include prevention. The organization has well data on mortality, morbidity, natality, established linkages with American and healthcare (e.g., ambulatory or

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Provide programmatic consultation have affiliate offices and local, state, or best practices among state and local and guidance related to program regional membership constituencies in a health agencies and/or programs that planning, implementation, and minimum of 10 states and territories. collect, manage, and disseminate health- evaluation; assessment of program Affiliate offices and local, state, or related information by way of the objectives; use of indicators; and regional membership constituencies Internet; develop a plan for the use of dissemination of successful strategies, may not apply in lieu of, or on behalf the Internet as a means for the exchange experiences, and evaluation reports. of, their national office. Colleges and of data and information among and c. Plan and conduct the annual universities and for-profit organizations between state and local health Assessment meeting to address issues are not eligible to apply. departments and their partners. and program activities related to this 2. Strategic Plan for Use of Data cooperative agreement. Note: Public Law 104–65 states that an Standards Develop and implement a organization described in section 501(c)(4) of d. Assist in the evaluation of program the Internal Revenue Code of 1986 that strategic plan to facilitate the use of activities. national specifications and standards in engages in lobbying activities is not eligible E. Application Content to receive Federal funds constituting an health information systems by state and award, grant, cooperative agreement, local health agencies. These Use the information in the Program contract, loan, or any other form. specifications and standards should take Requirements, Other Requirements, and advantage of existing national and Evaluation Criteria sections to develop C. Availability of Funds international data and information the application content. Your Approximately $200,000 is available standards, and work already done in the application will be evaluated on the in FY 2000 to fund approximately 2 public and private sectors. criteria listed, so it is important to awards. It is expected that the average 3. Model Data Sharing Agreements: follow them in laying out your program award will be $100,000, ranging from Identify and evaluate current efforts by plan. $50,000 to $150,000. It is expected that state and local health agencies to share The narrative should be no more than the awards will begin on or about information, develop and field test 25 double-spaced pages printed on one September 29, 2000 and will be made model agreements, disseminate the side, with one-inch margins, and for a 12-month budget period within a models to state and local health unreduced font. Pages must be project period of up to 3 years. The departments, and provide training on numbered clearly, and a complete table funding estimate may vary and is their use. of contents of the application and its subject to change. Continuation awards 4. Technical Assistance: Develop a appendixes must be included. Begin within an approved project period will plan to address the technical needs of each separate section on a new page. be made on the basis of satisfactory state and local health departments such Provide a concise, one page Executive progress as evidenced by required areas as methods of linking or matching Summary that clearly states the reports and the availability of funds. data, methods of managing and storing activities being addressed and describes data, methods of analyzing data, your organization’s eligibility, D. Program Requirements methods of querying or otherwise including: (a) its status as a national In conducting activities to achieve the accessing data, methods of displaying organization, (b) number and purpose of this program, the recipient information, and methods of ensuring membership of affiliate offices, and (c) will be responsible for the activities the integrity and security of data and the experience and capacity of the under ‘‘Recipient Activities,’’ and CDC confidentiality of data about individual organization to work with state and will be responsible for the activities persons. Identify the most common local health departments. The summary listed under ‘‘CDC Activities.’’ requests for information that state and should also include the major proposed local health agencies receive; assess goals, objectives, and activities for 1. Recipient Activities information and service needs; and implementation of the project. a. Establish and maintain activities provide direct technical assistance to Divide the body of the application which support health information and requesting agencies. into the following sections: 5. National Health Information data system for state and local health 1. Background and Need (not more Systems Training: In conjunction with departments. than 2 pages) various partners develop a national plan a. The needs associated with the b. Assess state and local medicaid, to address the changing training needs activities under proposed activities. education, and social service programs of state and local health departments in b. Your organization’s background to achieve the purposes of this program. the area of health information systems and experience in addressing the needs c. Implement projects and activities include public and private sector related to health information and data with specific, measurable, and feasible training courses; develop new training, systems. goals, objectives, and timelines. as appropriate, to address emerging c. The need for the specific activities Evaluate the effectiveness of the topics; and identify other opportunities proposed in your plan. activities related to this program for state and local health agency staff. 2. Capacity (not more than 2 pages): including possible indicators of success. a. Describe your organization’s 2. CDC Activities d. Participate in the Division of Public constituents and affiliates as follows: Health Surveillance and Informatics a. Coordinate with national, state, and Type of constituency. (DPHSI) annual Assessment State local health information and data Number of constituents and affiliates. Meeting each budget year of the project agencies, as well as other relevant Location of constituents and affiliates. for the purpose of sharing best practices organizations, in developing programs How the constituency can influence learned from the planned activities. which will enable state and local health and work with health information

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and data systems. organizations with which collaboration not be acceptable as proof of timely b. Describe your organization’s will be conducted. If other organizations mailing.) Late Applications: experience in supporting the activities will participate in proposed activities, Applications which do not meet the for which you are applying, including provide the name(s) of the criteria in (a) or (b) above are considered such factors as: organization(s), and state who in your late applications, will not be Current and previous experience organization will coordinate the considered, and will be returned to the related to the proposed program activity. For each organization listed, applicant. activities. provide a letter from them that G. Evaluation Criteria (100 points) Current and previous coordination acknowledges their specific role and with other national organizations and describes their capacity to fulfill it. Do Each application will be evaluated partners. Activities related to building not include letters of support from individually against the following alliances, networks, or coalitions. organizations that will not have specific criteria by an independent review group c. Describe your organization’s roles in the project. appointed by CDC. structure and how it supports health 7. Evaluation (not more than 4 pages): information and data systems. Attach a Describe a plan to evaluate the 1. Organizational Capability (20 Points) copy of your organizational chart. project’s effectiveness in meeting its The extent to which the applicant 3. Operational Plan (not more than 10 objectives and goals. Describe the type documents: pages): of evaluation that will be used (process, (a) An organizational mission of a. Goals—List goals that specifically outcome, or both). Specify the assisting state or local agencies in relate to program requirements that evaluation question(s) to be answered, collecting, assembling, analyzing and indicate where the program will be at data to be obtained, the type of analyses making available health-related the end of the projected 3 year project that will be performed, to whom it will information. period. be reported, and how data will be used (b) Recent experience assisting state b. Objectives—List objectives that are to improve the program. The plan or local agencies in collecting, specific, measurable, and feasible to be should indicate major steps in the assembling, analyzing and making accomplished during the first 12-month evaluation, who will be responsible. available health-related information. budget period. The objectives should 8. Budget and Accompanying (c) Recent experience administering relate directly to the project goals and Justification: or coordinating health-related, public recipient activities. Provide a detailed budget narrative health, or community-based data or c. Describe in narrative form and and line-item justification of all information programs in conjunction display on a timetable, specific operating expenses. The budget should with other national associations or activities that are related to each first- be consistent with the stated objectives federal health agencies. year objective. Indicate when each and planned activities of the project. (d) Ability to access and influence activity will occur as well as when Budget requests should include the cost state and local health agencies through preparations for activities will occur. for two people for a 2 day trip to a network of affiliates, constituents, or Indicate who will be responsible for Atlanta, Georgia for a planning meeting members, and each activity. and a 4 day trip to Atlanta, Georgia for (e) Capacity (or planned capacity) to d. List major milestones that will be the annual Assessment Conference. provide either coordination and accomplished during years two and Applicants are also requested to present oversight, or technical assistance and three. an estimate (percentage) of their total training to state and local health 4. Project Management and Staffing request budgeted for each identified agencies in improving information and Plan (not more than 4 pages): activity area and its associated information systems. This capacity a. Describe the proposed staffing for activities. should include skilled and experienced the project and provide job descriptions staff, physical facilities, and information F. Submission and Deadline for existing and proposed positions. technology resources (e.g.,Internet b. Attach curriculum vitae (limited to Submit the original and two copies of access). 2 pages per person—in attachments) for PHS–5161–1 (OMB Number 0937– each professional staff member named 0189). Forms are available at the 2. Understanding of the Problem (10 in the proposal. following Internet address: Points) c. Submit job descriptions (in www.cdc.gov/...Forms, or in the The extent to which the applicant attachments) illustrating the level of application kit. demonstrates and documents an organizational responsibility for On or before August 25, 2000, submit understanding of population-based professional staff who will be assigned the application to the Grants health information systems, the unmet to the project. Management Specialist identified in the needs of state and local health agencies d. If a state(s) has been identified ‘‘Where to Obtain Additional with respect to these systems, and the where the proposed activities will Information’’ section of this opportunities and barriers that exist to occur, provide the name of this state(s) announcement. Deadline: Applications meet these needs. and the name(s) of the contact person will be considered as meeting the who will coordinate the activity. deadline if they are either: 3. Program Objectives (15 Points) 5. Sharing experiences (not more than 1. Received on or before the deadline The extent to which the proposed 1 page): date; or objectives are specific, measurable, Describe how project materials and 2. Sent on or before the deadline date time-phased, and consistent with the accomplishments will be shared with and received in time for submission to purpose of the program announcement. others. Identify appropriate audiences the independent review group. 4. Quality of Plan (25 Points) for this information. (Applicants must request a legibly dated 6. Collaboration (not more than 1 U.S. Postal Service postmark or obtain The strength of the applicant’s plan pages): a legibly dated receipt from a for conducting program activities and Describe the purposes of proposed commercial carrier or U.S. Postal the likelihood that the proposed plan collaboration and the agencies and Service. Private metered postmarks will will adequately address the purpose of

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Organizational Experience (15 Points) be asked to leave your name and address and will be instructed to associated with neuropsychiatric The extent to which the applicant can identify the announcement number of disorders has been filed. Any successful demonstrate existing support for interest. CRADA collaborator may need to partnership activities and collaboration If you have questions after reviewing negotiate a license to the provisional with CDC, other associations and the contents of all the documents, patent application in order to organizations, and official health business management technical commercialize developments under the agencies. assistance may be obtained from: Juanita CRADA. Contact information to apply 6. Evaluation Plan (15 Points) D. Crowder, Grants Management for a license to the provisional patent Specialist, Grants Management Branch, application appears below. The extent to which the applicant Procurement and Grants Office, Centers DATES: Interested CRADA applicants presents an evaluation plan to measure for Disease Control and Prevention, should submit written notice of intent to the achievement of program objectives Room 3720, 2920 Brandywine Road apply within 45 days of the date of this and monitor the implementation of Atlanta, GA 30341–4146, Telephone notice. NIDA will consider all written proposed activities, or the commitment Number: (770) 488–2734, Email address: proposals received within 60 days of the to implement a collaboratively [email protected]. date of publication of this notice. developed evaluation plan. For program technical assistance, CRADA proposals submitted thereafter 7. Budget Justification (not scored) contact: R. Gibson Parrish, M.D., CDC may be considered if a suitable CRADA The budget will be evaluated for the Project Officer, 2877 Brandywine Road, collaborator has not been found. There extent to which it is reasonable, clearly Mailstop K74, Atlanta, Georgia 30341– is no specific deadline for licensing justified, and consistent with the 3724, Telephone number: (770) 488– applications. intended use of cooperative agreement 8357, Email address: [email protected]. ADDRESSES: Scientific questions about funds. Dated: July 19, 2000. this notice may be addressed to Dr. Henry S. Cassell III, Marquis Vawter, National Institute on H. Other Requirements Acting Director, Procurement and Grants Drug Abuse, 5500 Nathan Shock Drive, 1. Technical Reporting Requirements Office, Centers for Disease Control and Baltimore, Maryland 21224, Tel. 410– Provide CDC with original plus two Prevention (CDC). 550–1405; questions concerning the copies of [FR Doc. 00–18700 Filed 7–24–00; 8:45 am] CRADA opportunity may be addressed a. semiannual progress reports; BILLING CODE 4163±18±P to Dr. Malka Scher, Technology b. financial status report, no more Development and Commercialization than 90 days after the end of the budget Branch, National Cancer Institute, 6120 period; and DEPARTMENT OF HEALTH AND Executive Boulevard, Suite 450, c. final financial and performance HUMAN SERVICES (DHHS) Rockville, Maryland 20852, Tel: 301– reports, no more than 90 days after the 496–0477, Fax: 301–402–2117, e-mail: end of the project period. National Instututes of Health (NIH); [email protected]; and questions Send all reports to the Grants National Institute on Drug Abuse concerning the patent application Management Specialist identified in the (NIDA) should be addressed to Dr. Norbert ‘‘Where to Obtain Additional Pontzer, Office of Technology Transfer, Information’’ section of this Licensing Opportunity and/or National Institutes of Health, 6011 announcement. Cooperative Research and Executive Boulevard, Suite 325, 2. The following additional Development Agreement (``CRADA'') Rockville, Maryland 20852–3804, Tel: requirements are applicable to this Opportunity: Novel Methods and 301–496–7057 (ext. 284), Fax: 301–402– program. For a complete description of Compositions for Diagnosing, Treating 0220, e-mail: [email protected]. each, see Attachment I in the and Monitoring Psychiatric Disease SUPPLEMENTARY INFORMATION: application kit. AGENCY: NIDA, NIH, DHHS. Respondees interested in licensing the AR–7 Executive Order 12372 Review invention will be required to submit an AR–10 Smoke-Free Workplace ACTION: Notice. Application for License to Public Health Requirements SUMMARY: The National Institute on AR–11 Healthy People 2010 Service Inventions. Inventions AR–12 Lobbying Restrictions Drug Abuse (NIDA), Cellular described in the patent application are Neurobiology Research Branch, is available for either exclusive or non- I. Authority and Catalog of Federal seeking Licensee(s) and/or proposals exclusive licensing in accordance with Domestic Assistance Number from potential collaborators for a 35 U.S.C. 207 and 37 CFR Part 404. This program is authorized under Cooperative Research and Development Information about Patent Application(s) Section 301(a) of the Public Health Agreement (CRADA) to participate in and pertinent information not yet Service Act, 42 U.S.C. 241(a), as the exploration of the clinical publicly described can be obtained amended. The Catalog of Federal significance of recent studies in which under the terms of a Confidential Domestic Assistance Number is 93.283. NIDA has identified variations in the Disclosure Agreement. isoforms of neural cell adhesion A ‘‘Cooperative Research and J. Where to Obtain Additional molecule (N–CAM) associated with Development Agreement’’ or ‘‘CRADA’’ Information neuropsychiatric disorders. Elevations is the anticipated joint agreement to be This and other CDC announcements in certain isoforms are associated with entered into by NIDA and a collaborator can be found on the CDC home page specific neuropsychiatric disorders. pursuant to the Federal Technology

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Transfer Act of 1986 as amended by the trials for monitoring treatment response, clinical status of patients. The National Technology Transfer and and diagnostic methods of collaboration would also involve in Advancement Act of 1995 (Pub. L. 104– schizophrenia, bipolar disorder, vitro investigation of N–CAM fragment 113 (Mar. 7, 1996)) and by the Executive depression and related diseases. production and release from brain Order 12591 of October 10, 1987. The Present treatment of schizophrenia, tissue. CRADA would pertain to inventions bipolar disorder, depression and related The proposed duration of the CRADA conceived or reduced to practice after diseases is inadequate. Existing is two (2) years. However, the duration the effective date of the CRADA. treatments may have serious side effects could be as long as five (5) years CRADA applicants should be aware that and do not prevent the progression of depending on the nature of the research a license to the above mentioned patent schizophrenia. Development of an plan developed by the parties. rights may be necessary in order to effective treatment requires a greater The role of NIDA under the proposed commercialize products arising from a understanding of the biological CRADA may include the following, and CRADA. mechanisms underlying the disease other relevant scientifically appropriate A CRADA is an agreement designed to conditions. Through NIDA’s discovery collaborative research projects will be enable certain collaborations between of an association between clinical considered: Government laboratories and non- abnormalities and alterations in the (1) Provide further characterization of Government laboratories. It is not a level of N–CAM, a greater association between N–CAM variations grant, and is not a contract for the understanding of the disease process is with neuropsychiatric disorders. procurement of goods/services. The now possible, and this discovery (2) Perform in vitro determinations of NIDA is prohibited from transferring suggests possible therapies. N–CAM fragment production and funds to a CRADA collaborator. Under In addition to inadequate existing release from brain tissue. a CRADA, NIDA can contribute treatments, there is presently no (3) Provide in vitro assessment of facilities, staff, materials, and expertise definitive diagnostic test for possible therapeutic compounds. to the effort. The collaborator may schizophrenia. Determination of the (4) Monitor the efficacy of therapeutic contribute facilities, staff, materials, presence of the various criteria compounds through biochemical expertise, and funding to the characteristic of schizophrenia is made methodology. by a trained clinician and is somewhat collaboration. The CRADA collaborator (5) Jointly publish results. subjective. NIDA’s discovery suggests receives an exclusive option to negotiate (6) Provide project coordination for that altered levels of N–CAM isoforms an exclusive or non-exclusive license to the overall development and testing. in the CSF may be the basis of an Government intellectual property rights The role of the Collaborator under the arising under the CRADA in a pre- objective diagnostic test. proposed CRADA may include the determined field of use and may qualify N–CAM is a cell recognition molecule following, and other relevant and as a co-inventor of new technology with four major isoforms present in the scientifically appropriate collaborative developed under the CRADA. brain. N–CAM isoforms are membrane- NIDA’s principal objectives under a associated glycoproteins, either research projects will be considered: License and/or CRADA would be the transmembrane glycoproteins or (1) Provide significant intellectual, development and timely glycosylphosphatidyl inositol-anchored scientific, and technical expertise in commercialization of new diagnostics glycoproteins. There is also a secretory developing appropriate methods for a and/or therapeutics for specific isoform. Membrane-associated N–CAM diagnostic assay based on the level of neuropsychiatric disorders and rapid has several roles in cellular organization N–CAM isoforms in cerebrospinal fluid. publication of results related to these and development of the central nervous (2) Determine whether the variation in research projects. system. An important aspect of N–CAM level of N–CAM isoforms in Scientists at NIDA have discovered activity is the regulation of adhesion of cerebrospinal fluid can be used that distinct isoforms of N–CAM are brain cells. Adhesion of neural to glial diagnostically. elevated in the cerebrospinal fluid (CSF) cells is mediated by N–CAM binding. (3) Provide compounds which may and brains of patients diagnosed with N–CAM is also involved in memory have therapeutic potential. specific neuropsychiatric disorders processes, intracellular signal cascades, (4) Provide significant intellectual, including schizophrenia, bipolar and neurite outgrowth. N–CAM is scientific, and technical expertise in disorder and depression. A distinct thought to be a neuronal protein and is developing a therapeutic protocol based isoform with molecular weight 105–115 known to be associated with on regulating the level of N–CAM kDa is present in elevated levels in both synaptosomes, vesicles recovered from isoforms. the CSF and brain tissues of patients neuronal preparations. Thus, alterations (5) Perform clinical studies including with schizophrenia. The secreted (SEC) in N–CAM influence brain structure, assessments of patients and collection of N–CAM isoform was elevated in brain learning, and psychiatric systems, as samples. tissue from bipolar disorder patients. shown in the recent research that NIDA (6) Monitor the efficacy of therapeutic Elevation of at least one isoform, the is seeking to develop with a compounds using clinical variable alternative spliced exon, or collaborator. determinations of efficacy. VASE isoform, is correlated The proposed collaboration would (7) Jointly publish results. significantly with behavioral ratings in include in vivo investigations of (8) Jointly provide project patients with schizophrenia but not production of N–CAM isoforms and coordination for the overall affective disorders. Thus, patients with release of N–CAM isoforms into CSF. development and testing. neuropsychiatric disorders exhibit Measurements on N–CAM production The following factors will be variations in N–CAM isoforms which and release would be correlated with evaluated in selecting a CRADA are specific for their particular disorder. the clinical status of patients. The collaborator: The specific association of these possibility of using these correlations to (1) Corporate expertise in the field of variations in N–CAM isoforms with develop a diagnostic method will be development of diagnostic tools. particular neuropsychiatric disorders investigated. Potential therapeutic (2) Competency in developing and suggests the potential for development compounds would be tested for effects assessing efficacy of therapeutic of therapeutic interventions, clinical on the biochemical parameters and the interventions.

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(3) Number and character of possible Dated: July 14, 2000. DEPARTMENT OF HEALTH AND therapeutic compounds that Anna P. Snouffer, HUMAN SERVICES collaborator may be able to provide. Acting Director, Office of Federal Advisory National Institutes of Health (4) Ability to provide for staff to Committee Policy. perform in vitro studies. [FR Doc. 00–18721 Filed 7–24–00; 8:45 am] National Institute of Diabetes and (5) Key staff expertise, qualifications BILLING CODE 4140±01±M Digestive and Kidney Diseases; Notice and relevant experience. of Closed Meetings (6) Ability to effectively DEPARTMENT OF HEALTH AND Pursuant to section 10(d) of the commercialize new technologies. HUMAN SERVICES Federal Advisory Committee Act, as Dated: July 6, 2000. amended (5 U.S.C. Appendix 2), notice Kathleen Sybert, National Institutes of Health is hereby given of the following Director, Technology Development and meetings. Commercialization Branch, National Cancer National Institute on Aging; Notice of The meetings will be closed to the Institute, National Institutes of Health. Closed Meeting public in accordance with the Dated: July 14, 2000. provisions set forth in sections Pursuant to section 10(d) of the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Jack Spiegel, Federal Advisory Committee Act, as as amended. The grant applications and Director, Division of Technology Transfer and amended (5 U.S.C. Appendix 2), notice the discussions could disclose Development, Office of Technology Transfer, confidential trade secrets or commercial National Institutes of Health. is hereby given of the following meeting. property such as patentable material, [FR Doc. 00–18724 Filed 7–24–00; 8:45 am] and personal information concerning The meeting will be closed to the BILLING CODE 4140±01±M individuals associated with the grant public in accordance with the applications, the disclosure of which provisions set forth in sections would constitute a clearly unwarranted DEPARTMENT OF HEALTH AND 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., invasion of personal privacy. HUMAN SERVICES as amended. The grant applications and the discussions could disclose Name of Committee: National Institute of National Institutes of Health Diabetes and Digestive and Kidney Diseases confidential trade secrets or commercial Special Emphasis Panel, ZDK1 GRB–7 O1. National Human Genome Research property such as patentable material, Date: August 3–4, 2000. Institute; Notice of Closed Meeting and personal information concerning Time: 8:30 pm to 5 pm. individuals associated with the grant Agenda: To review and evaluate grant applications. Pursuant to section 10(d) of the applications, the disclosure of which would constitute a clearly unwarranted Place: Double Tree Hotel, 1750 Rockville Federal Advisory Committee Act, as Pike, Rockville, MD 20852. amended (5 U.S.C. Appendix 2), notice invasion of personal privacy. Contact Person: Lakshmanan Sankaran, is hereby given of the following Name of Committee: National Institute on Scientific Review Administrator, Review meeting. Aging Special Emphasis Panel, Effects on Branch, DEA, NIDDK, Room 659, 6707 Menopause and Hormone Replacement on Democracy Boulevard, National Institutes of The meeting will be closed to the Health, Bethesda, MD 20892–6600, (301) Visceral Fat and Insulin Sensitivity. public in accordance with the 594–7799. provisions set forth in sections Date: August 7, 2000. This notice is being published less than 15 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Time: 11 am to 3 pm. days prior to the meeting due to the timing as amended. The grant applications and Agenda: To review and evaluate grant limitations imposed by the review and the discussions could disclose applications. funding cycle. confidential trade secrets or commercial Place: Crowne Plaza Washington-National Name of Committee: National Institute of property such as patentable material, Airport, 1489 Jefferson Davis Highway, Diabetes and Digestive and Kidney Diseases and personal information concerning Arlington, VA 22202. Special Emphasis Panel, ZDK1, GRB–2(02)S. individuals associated with the grant Contact Person: Ramesh Vemuri, Office of Date: August 7–8, 2000. applications, the disclosure of which Scientific Review, National Institute on Time: 7:30 pm to 5 pm. Aging, The Bethesda Gateway Building, 7201 Agenda: To review and evaluate grant would constitute a clearly unwarranted applications. invasion of personal privacy. Wisconsin Avenue, Suite 2C212, Bethesda, MD 20892; (301) 496–9666.. Place: Double Tree Hotel, 1750 Rockville Name of Committee: National Human Pike, Rockville, MD 20852. Genome Research Institute Special Emphasis (Catalogue of Federal Domestic Assistance Contact Person: Shan S. Wong, Scientific Panel ZHG1 HGR P 03. Program Nos. 93866, Aging Research, Review Administrator, Review Branch, DEA, Date: August 10, 2000. National Institutes of Health, HHS) NIDDK, Room 643, 6707 Democracy Time: 3:00 pm to 4:00 pm. Dated: July 18, 2000. Boulevard, National Institutes of Health, Bethesda, MD 20892, (301) 594–7797. Agenda: To review and evaluate grant LaVerne Y. Stringfield, applications. Name of Committee: National Institute of Director, Office of Federal Advisory Place: Conference Room B2B32/BLDG 31, Diabetes and Digestive and Kidney Diseases Committee Policy. 31 Center Drive, Bethesda, MD 20892, Special Emphasis Panel, ZDK1 GRB–3(02). (Telephone Conference Call). [FR Doc. 00–18711 Filed 7–24–00; 8:45 am] Date: August 9–10, 2000. Contact Person: Rudy O. Pozzatti, BILLING CODE 4140±01±M Time: 8 am to 12 pm. Scientific Review Administrator, Office of Agenda: To review and evaluate grant Scientific Review, National Human Genome applications. Research Institute, National Institutes of Place: Holiday Inn Chevy Chase, 5520 Wisconsin Avenue, Chevy Chase, MD 20815. Health, Bethesda, MD 20892, 301–402–0838. Contact Person: Michele L. Barnard, (Catalogue of Federal Domestic Assistance Scientific Review Administrator, Review Program Nos. 93.172, Human Genome Branch, DEA, NIDDK, National Institutes of Research, National Institutes of Health, HHS) Health, Room 657, 6707 Democracy

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Boulevard, Bethesda, MD 20892, 301/594– General Medical Sciences, National Institutes (Catalogue of Federal Domestic Assistance 8898. of Health, Natcher Building, Room 1AS19J, Program Nos. 93.209, Contraception and Name of Committee: National Institute of Bethesda, MD 20892, (301) 594–2771, Infertility Loan Repayment Program; 93.684, Diabetes and Digestive and Kidney Diseases [email protected]. Population Research; 93.865, Research for Special Emphasis Panel. This notice is being published less than 15 Mothers and Children; 93.929, Center for Date: August 21–22, 2000. days prior to the meeting due to the timing Medical Rehabilitation Research, National Time: 7 pm to 5:30 pm limitations imposed by the review and Institutes of Health, HHS) funding cycle. Agenda: To review and evaluate grant Dated: July 18, 2000. applications. (Catalogue of Federal Domestic Assistance LaVerne Y. Stringfield, Place: Sheraton Crystal City, 1800 Jefferson Program Nos. 93.375, Minority Biomedical Davis Highway, Arlington, VA 22202. Research Support; 93.821, Cell Biology and Director, Office of Federal Advisory Contact Person: Dan E. Matsumoto, Biophysics Research; 93.859, Pharmacology, Committee Policy. Scientific Review Administrator, Review Physiology, and Biological Chemistry [FR Doc. 00–18714 Filed 7–24–00; 8:45 am] Branch, DEA, NIDDK, Room 649, 6707 Research; 93.862, Genetics and BILLING CODE 4140±01±M Democracy Boulevard, National Institutes of Developmental Biology Research; 93.88, Health, Bethesda, MD 20892–6600, (301) Minority Access to Research Careers; 93.96, 594–8894. Special Minority Initiatives, National DEPARTMENT OF HEALTH AND Institutes of Health, HHS) (Catalogue of Federal Domestic HUMAN SERVICES Assistance Program Nos. 93.847, Dated: July 18, 2000. Diabetes, Endocrinology and Metabolic LaVerne Y. Stringfield, National Institutes of Health Director, Office of Federal Advisory Research; 93.848, Digestive Diseases and National Institute of Child Health and Nutrition Research; 93.849, Kidney Committee Policy. [FR Doc. 00–18713 Filed 7–24–00; 8:45 am] Human Development; Notice of Closed Diseases, Urology and Hematology Meeting Research, National Institutes of Health, BILLING CODE 4140±01±M HHS) Pursuant to section 10(d) of the Dated: July 18, 2000. Federal Advisory Committee Act, as DEPARTMENT OF HEALTH AND amended (5 U.S.C. Appendix 2), notice LaVerne Y. Stringfield, HUMAN SERVICES is hereby given of the following Director, Office of Federal Advisory meeting. Committee Policy. National Institutes of Health The meeting will be closed to the [FR Doc. 00–18712 Filed 7–24–00; 8:45 am] public in accordance with the BILLING CODE 4140±01±M National Institute of Child Health and Human Development; Notice of Closed provisions set forth in sections Meeting 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and DEPARTMENT OF HEALTH AND Pursuant to section 10(d) of the the discussions could disclose HUMAN SERVICES Federal Advisory Committee Act, as confidential trade secrets or commercial National Institutes of Health amended (5 U.S.C. Appendix 2), notice property such as patentable material, is hereby given of the following and personal information concerning National Institute of General Medical meeting. individuals associated with the grant Sciences; Notice of Closed Meeting The meeting will be closed to the applications, the disclosure of which public in accordance with the would constitute a clearly unwarranted Pursuant to section 10(d) of the provisions set forth in sections invasion of personal privacy. Federal Advisory Committee Act, as 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., amended (5 U.S.C. Appendix 2), notice as amended. The grant applications and Name of Committee: National Institute of is hereby given of the following Child Health and Human Development the discussions could disclose Special Emphasis Panel. meeting. confidential trade secrets or commercial Date: August 17, 2000. The meeting will be closed to the property such as patentable material, Time: 8 am to 12 pm. public in accordance with the and personal information concerning Agenda: To review and evaluate grant provisions set forth in Section individuals associated with the grant applications. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., applications, the disclosure of which Place: Ritz-Carlton Hotel at Pentagon City, as amended. The grant applications and would constitute a clearly unwarranted 1250 South Hayes Street, Arlington, VA the discussions could disclose invasion of personal privacy. 22202. confidential trade secrets or commercial Contact Person: Anne Krey, Scientific Name of Committee: National Institute of Review Administrator, Division of Scientific property such as patentable material, Child Health and Human Development Review, National Institute of Child Health and personal information concerning Special Emphasis Panel. and Human Development, National Institutes individuals associated with the grant Date: August 7, 2000. of Health, 6100 Executive Blvd., Rm. 5E03, applications, the disclosure of which Time: 10 am to 11 am Bethesda, MD 20892, 301–435–6908. Agenda: To review and evaluate grant would constitute a clearly unwarranted (Catalogue of Federal Domestic Assistance invasion of personal privacy. applications. Place: 6100 Executive Blvd., Room 5E01, Program Nos. 93.209, Contraception and Name of Committee: National Institute of Rockville, MD 20852, (Telephone Conference Infertility Loan Repayment Program; 93.864, General Medical Sciences Special Emphasis Call). Population Research; 93.865, Research for Panel. Contact Person: Jon M. Ranhand, Scientist Mothers and Children; 93.929, Center for Date: July 21, 2000. Review Administrator, Division of Scientific Medical Rehabilitation Research, National Time: 9:30 am to 10:30 am. Review, National Institute of Child Health Institutes of Health, HHS) Agenda: To review and evaluate grant and Human Development, NIH, 6100 Dated: July 18, 2000. applications. Executive Blvd., Room 5E03, Bethesda, MD LaVerne Y. Stringfield, Place: Natcher Building, Room 1AS19, 20892, (301) 435–6884. Director, Office of Federal Advisory Bethesda, MD 20892, (Telephone Conference This notice is being published less than 15 Committee Policy. Call). days prior to the meeting due to the timing Contact Person: Rebecca H. Hackett, Office limitations imposed by the review and [FR Doc. 00–18715 Filed 7–24–00; 8:45 am] of Scientific Review, National Institute of funding cycle. BILLING CODE 4140±01±M

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DEPARTMENT OF HEALTH AND The meeting will be closed to the Name of Committee: National Institute of HUMAN SERVICES public in accordance with the Mental Health Special Emphasis Panel. provisions set forth in sections Date: August 11, 2000. National Institutes of Health 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Time: 11:30 am to 12:30 pm. Agenda: To review and evaluate grant as amended. The grant applications and applications. National Institute of Child Health and the discussions could disclose Human Development; Notice of Closed Place: Neuroscience Center, National confidential trade secrets or commercial Institutes of Health, 6001 Executive Blvd., Meeting property such as patentable material, Bethesda, MD 20892, (Telephone Conference Pursuant to section 10(d) of the and personal information concerning Call). Contact Person: Asikiya Walcourt, Federal Advisory Committee Act, as individuals associated with the grant applications, the disclosure of which Scientific Review Administrator, Division of amended (5 U.S.C. Appendix 2), notice Extramural Activities, National Institute of is hereby given of the following would constitute a clearly unwarranted invasion of personal privacy. Mental Health, NIH, 6001 Executive meeting. Boulevard, Room 6138, MSC 9606, Bethesda, The meeting will be closed to the Name of Committee: National Institute of MD 20892–9606, 301–443–6470. Mental Health Special Emphasis Panel. public in accordance with the (Catalogue of Federal Domestic Assistance Date: August 7–8, 2000. provisions set forth in sections Program Nos. 93.242, Mental Health Research Time: 8:30 a.m. to 5 p.m. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Grants; 93.281, Scientist Development Agenda: To review and evaluate grant Award, Scientist Development Award for as amended. The grant applications and applications. Clinicians, and Research Scientist Award; the discussions could disclose Place: Governor’s House Hotel, 17th & 93.282, Mental Health National Research confidential trade secrets or commercial Rhode Island Avenue, NW, Washington, DC Service Awards for Research Training, property such as patentable material, 20036. National Institutes of Health, HHS) and personal information concerning Contact Person: Fred Altman, Scientific individuals associated with the grant Review Administrator, National Institute of Dated: July 18, 2000. applications, the disclosure of which Mental Health, NIH, Neuroscience Center, Laverne Y. Stringfield, would constitute a clearly unwarranted 6001 Executive Boulevard, Room 6220, MSC Director, Office of Federal Advisory invasion of personal privacy. 9621, Bethesda, MD 20892–9621, 301–443– Committee Policy. 8962. [FR Doc. 00–18718 Filed 7–24–00; 8:45 am] Name of Committee: National Institute of Child Health and Human Development (Catalogue of Federal Domestic Assistance BILLING CODE 4140±01±M Special Emphasis Panel. Program Nos. 93.242, Mental Health Research Date: August 23, 2000. Grants; 93.281, Scientist Development Time: 11 am to 12 pm Award, Scientist Development Award for DEPARTMENT OF HEALTH AND Agenda: To review and evaluate grant Clinicians, and Research Scientist Award; HUMAN SERVICES applications. 93.282, Mental Health National Research Place: 6100 Executive Blvd., Room 5E01, Service Awards for Research Training, National Institutes of Health Rockville, MD 20852, (Telephone Conference National Institutes of Health, HHS) Call). Dated: July 18, 2000. National Institute of General Medical Contact Person: Jon M. Ranhand, Scientist LaVerne Y. Stringfield, Sciences; Notice of Closed Meeting Review Administrator, Division of Scientific Review, National Institute of Child Health, Director, Office of Federal Advisory Pursuant to section 10(d) of the and Human Development, NIH, 6100 Committee Policy. Federal Advisory Committee Act, as Executive Blvd., Room 5E03, Bethesda, MD [FR Doc. 00–18717 Filed 7–24–00; 8:45 am] amended (5 U.S.C. Appendix 2), notice 20892, (301) 435–6884. BILLING CODE 4140±01±M is hereby given of the following (Catalogue of Federal Domestic Assistance meeting. Program Nos. 93.209, Contraception and The meeting will be closed to the Infertility Loan Repayment Program; 93.864, DEPARTMENT OF HEALTH AND public in accordance with the Population Research; 93.865, Research for HUMAN SERVICES provisions set forth in sections Mothers and Children; 93.929, Center for 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Medical Rehabilitation Research, National National Institutes of Health as amended. The grant applications and Institutes of Health, HHS) the discussions could disclose National Institute of Mental Health; Dated: July 18, 2000. confidential trade secrets or commercial Notice of Closed Meeting LaVerne Y. Stringfield, property such as patentable material, Director, Office of Federal Advisory Pursuant to section 10(d) of the and personal information concerning Committee Policy. Federal Advisory Committee Act, as individuals associated with the grant [FR Doc. 00–18716 Filed 7–24–00; 8:45 am] amended (5 U.S.C. Appendix 2), notice applications, the disclosure of which BILLING CODE 4140±01±M is hereby given of the following would constitute a clearly unwarranted meeting. invasion of personal privacy. The meeting will be closed to the DEPARTMENT OF HEALTH AND Name of Committee: National Institute of public in accordance with the General Medical Sciences Special Emphasis HUMAN SERVICES provisions set forth in sections Panel. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Date: August 21, 2000. National Institutes of Health as amended. The grant applications and Time: 2:00 pm to 4:00 pm. the discussions could disclose Agenda: To review and evaluate grant National Institute of Mental Health; applications. Notice of Closed Meeting confidential trade secrets or commercial property such as patentable material, Place: National Institutes of Health, NIGMS, Office of Scientific Review, Natcher Pursuant to section 10(d) of the and personal information concerning Building, Room 1AS–13, Bethesda, MD Federal Advisory Committee Act, as individuals associated with the grant 20892, (Telephone Conference Call). amended (5 U.S.C. Appendix 2), notice applications, the disclosure of which Contact Person: Carole H. Latker, Scientific is hereby given of the following would constitute a clearly unwarranted Review Administrator, Office of Scientific meeting. invasion of personal privacy. Review, National Institute of General Medical

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Sciences, National Institutes of Health, Dated: July 13, 2000. DEPARTMENT OF HEALTH AND Natcher Buidling, Room 1AS–13, Bethesda, Anna P. Snouffer, HUMAN SERVICES MD 20892, (301) 594–2848. Acting Director, Office of Federal Advisory (Catalogue of Federal Domestic Assistance Committee Policy. National Institutes of Health Program Nos. 93.375, Minority Biomedical Research Support; 93.821, Cell Biology and [FR Doc. 00–18719 Filed 7–24–00; 8:45 am] Center for Scientific Review; Notice of Biophysics Research; 93.859, Pharamacology, BILLING CODE 4140±01±M Closed Meetings Physiology, and Biological Chemistry Research; 93.862, Genetics and Pursuant to section 10(d) of the Developmental Biology Research; 93.88, DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as Minority Access to Research Careers; 93.96, HUMAN SERVICES amended (5 U.S.C. Appendix 2), notice Special Minority Initiatives, National is hereby given of the following Institutes of Health, HHS) National Institutes of Health meetings. Dated: July 13, 2000. The meetings will be closed to the National Library of Medicine; Notice of Anna P. Snouffer, public in accordance with the Closed Meeting provisions set forth in sections Acting Director, Office of Federal Advisory Committee Policy. 552b(c)(4) and 552b(c)(6), title 5 U.S.C., Pursuant to section 10(d) of the as amended. The grant applications and [FR Doc. 00–18720 Filed 7–24–00; 8:45 am] Federal Advisory Committee Act, as the discussions could disclose BILLING CODE 4140±01±M amended (5 U.S.C. Appendix 2), notice confidential trade secrets or commercial is hereby given of the following property such as patentable material, meeting. DEPARTMENT OF HEALTH AND and personal information concerning HUMAN SERVICES The meeting will be closed to the individuals associated with the grant public in accordance with the applications, the disclosure of which National Institutes of Health provisions set forth in sections would constitute a clearly unwarranted 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., invasion of personal privacy. National Library of Medicine; Notice of as amended. The grant applications and Name of Committee: Center for Scientific Closed Meeting the discussions could disclose Review Special Emphasis Panel. confidential trade secrets or commercial Date: July 24, 2000. Pursuant to section 10(d) of the property such as patentable material, Time: 3:00 pm to 4:30 pm. Federal Advisory Committee Act, as and personal information concerning Agenda: To review and evaluate grant amended (5 U.S.C. Appendix 2, notice individuals associated with the grant applications. is hereby given of the following applications, the disclosure of which Place: NIH, Rockledge 2, Bethesda, MD meeting. 20892, (Telephone Conference Call). would constitute a clearly unwarranted Contact Person: Lee S. Mann, Scientific The meeting will be closed to the invasion of personal privacy. public in accordance with the Review Administrator, Center for Scientific provisions set forth in sections Name of Committee: National Library of Review, National Institutes of Health, 6701 Rockledge Drive, Room 3186, MSC 7848, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Medicine Special Emphasis Panel. Date: July 19–21, 2000. Bethesda, MD 20892, (301) 435–0677. as amended. The grant applications and This notice is being published less than 15 the discussions could disclose Time: July 19, 2000, 7:30 pm to 10:00 pm. Agenda: To review and evaluate grant days prior to the meeting due to the timing confidential trade secrets or commercial limitations imposed by the review and applications. property such as patentable material, funding cycle. Place: Newark Airport Marriott Hotel and personal information concerning Newark, NJ 07114. Name of Committee: Center for Scientific individuals associated with the grant Time: July 20, 2000, 8:00 am to 5:00 pm. Review Special Emphasis Panel. Date: July 25, 2000. applications, the disclosure of which Agenda: To review and evaluate grant Time: 3:00 pm to 4:00 pm. would constitute a clearly unwarranted applications. invasion of personal privacy. Agenda: To review and evaluate grant Place: University of Medicine & Dentistry applications. Name of Committee: National Library of of New Jersey, Newark, NJ 01703–2754. Place: NIH, Rockledge 2, Bethesda, MD Medicine Special Emphasis Panel Time: July 21, 2000, 8:00 am to 1:30 pm. 20892, (Telephone Conference Call). Date: July 25, 2000. Agenda: To review and evaluate grant Contact Person: Lee S. Mann, Scientific Time: 11 am to 12 pm applications. Review Administrator, Center for Scientific Agenda: To review and evaluate grant Place: Newark Airport Marriott Hotel Review, National Institutes of Health, 6701 applications. Newark, NJ 07114. Rockledge Drive, Room 3186, MSC 7848, Place: National Library of Medicine, Contact Person: Sharee Pepper, Scientific Bethesda, MD 20892, (301) 435–0677. Division of Extramural Programs, 6705 Review Administrator, Health Scientist This notice is being published less than 15 Rockledge Drive, Suite 301, Bethesda, MD Administrator, Office of Extramural days prior to the meeting due to the timing 20892, (Telephone Conference Call). Programs, National Library of Medicine, 6705 limitations imposed by the review and Contact Person: Sharee Pepper, Scientific Rockledge Drive, Suite 301, Bethesda, MD funding cycle. Review Administrator, Health Scientist 20892. Name of Committee: Center for Scientific Administrator, Office of Extramural Review Special Emphasis Panel. (Catalogue of Federal Domestic Assistance Programs, National Library of Medicine, 6705 Date: July 26, 2000. Rockledge Drive, Suite 301, Bethesda, MD Program Nos. 93.879, Medical Library Time: 11:00 am to 1:00 pm. 200817. Assistance, National Institutes of Health, Agenda: To review and evaluate grant This notice is being published less than 15 HHS) applications. days prior to the meeting due to the timing Dated: July 14, 2000. Place: NIH, Rockledge 2, Bethesda, MD limitations imposed by the review and Anna P. Snouffer, 20892, (Telephone Conference Call). funding cycle. Contact Person: Marcia Litwack, Scientific Acting Director, Office of Federal Advisory (Catalogue of Federal Domestic Assistance Review Administrator, Center for Scientific Committee Policy. Program No. 93.879, Medical Library Review, National Institutes of Health, 6701 Assistance, National Institutes of Health, [FR Doc. 00–18722 Filed 7–24–00; 8:45 am] Rockledge Drive, Room 4150, MSC 7804, HHS) BILLING CODE 4140±01±M Bethesda, MD 20892, (301) 435–1719.

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This notice is being published less than 15 Date: July 28, 2000. DEPARTMENT OF HEALTH AND days prior to the meeting due to the timing Time: 1:00 pm to 1:45 pm. HUMAN SERVICES limitations imposed by the review and Agenda: To review and evaluate grant funding cycle. applications. National Institutes of Health Name of Committee: Center for Scientific Place: NIH, Rockledge 2, Bethesda, MD Review Special Emphasis Panel. 20892, (Telephone Conference Call). Center for Scientific Review; Notice of Date: July 27, 2000. Contact Person: Stephen M. Nigida, Closed Meeting Time: 11:00 am to 12:00 pm. Scientific Review Administrator, Center for Agenda: To review and evaluate grant Pursuant to section 10(d) of the Scientific Review, National Institutes of applications. Federal Advisory Committee Act, as Health, 6701 Rockledge Drive, Room 4112, Place: NIH, Rockledge 2, Bethesda, MD amended (5 U.S.C. Appendix 2), notice 20892, (Telephone Conference Call). MSC 7812, Bethesda, MD 20892, (301) 435– Contact Person: Gillian Einstein, Scientific 3565. is hereby given of the following Review Administrator, Center for Scientific This notice is being published less than 15 meeting. Review, National Institutes of Health, 6701 days prior to the meeting due to the timing The meeting will be closed to the Rockledge Drive, Room 5198, MSC 7850, limitations imposed by the review and public in accordance with the Bethesda, MD 20892, 301–435–4433, funding cycle. provisions set forth in sections [email protected]. 552b(c)(4), and 552b(c)(6), Title 5 Name of Committee: Center for Scientific This notice is being published less than 15 U.S.C., as amended. The grant Review Special Emphasis Panel. days prior to the meeting due to the timing applications and the discussions could limitations imposed by the review and Date: July 31, 2000. disclose confidential trade secrets or funding cycle. Time: 10:30 am to 12:30 pm. Name of Committee: Center for Scientific Agenda: To review and evaluate grant commercial property such as patentable Review Special Emphasis Panel. applications. material, and personal information Date: July 27, 2000. Place: NIH, Rockledge 2, Bethesda, MD concerning individuals associated with Time: 11:00 am to 12:30 pm. 20892, (Telephone Conference Call). the grant applications, the disclosure of Agenda: To review and evaluate grant Contact Person: Richard Marcus, Scientific which would constitute a clearly applications. Review Administrator, Center for Scientific unwarranted invasion of personal Place: NIH, Rockledge 2, Bethesda, MD privacy. 20892, (Telephone Conference Call). Review, National Institutes of Health, 6701 Contact Person: Rita Anand, Scientific Rockledge Drive, Room 5168, MSC 7844, Name of Committee: Center for Scientific Review Administrator, Center for Scientific Bethesda, MD 20892, (301) 435–1245, Review Special Emphasis Panel. Review, National Institutes of Health, 6701 [email protected]. Date: July 20, 2000. Rockledge Drive, Room 4188, MSC 7808, This notice is being published less than 15 Time: 10:00 am to 12 pm. Bethesda, MD 20892, 301–435–1151. days prior to the meeting due to the timing Agenda: To review and evaluate grant This notice is being published less than 15 limitations imposed by the review and applicatons. days prior to the meeting due to the timing Place: NIH, Rockledge 2, Bethesda, MD funding cycle. limitations imposed by the review and 20892, (Telephone Conference Call). funding cycle.. Name of Committee: Center for Scientific Contact Person: Lee S. Mann, Scientific Name of Committee: Center for Scientific Review Special Emphasis Panel. Review Administrator, Center for Scientific Review Special Emphasis Panel. Date: July 31, 2000. Review, National Institutes of Health, 6701 Date: July 27, 2000. Time: 2:30 pm to 4:30 pm. Rockledge Drive, Room 3186, MSC 7848, Time: 2:00 pm to 3:30 pm. Agenda: To review and evaluate grant Bethesda, MD 20892, (301) 435–0677. Agenda: To review and evaluate grant applications. This notice is being published less than 15 applications. Place: NIH, Rockledge 2, Bethesda, MD days prior to the meeting due to the timing limitations imposed by the review and Place: NIH, Rockledge 2, Bethesda, MD 20892, (Telephone Conference Call). 20892, (Telephone Conference Call). funding cycle. Contact Person: Richard Marcus, Scientific Contact Person: David J. Remondini, Review Administrator, Center for Scientific (Catalogue of Federal Domestic Assistance Scientific Review Administrator, Center for Program Nos. 93.306, Comparative Medicine, Review, National Institutes of Health, 6701 Scientific Review, National Institutes of 93.306; 93.333, Clinical Research, 93.333, Health, 6701 Rockledge Drive, Room 6154, Rockledge Drive, Room 5168, MSC 7844, 93.337, 93.393–93.396, 93.837–93.844, MSC 7890, Bethesda, MD 20892, 301–435– Bethesda, MD 20892, (301) 435–1245, 93.846–93.878, 93.892, 93.893, National 1038, [email protected]. [email protected]. Institutes of Health, HHS) This notice is being published less than 15 This notice is being published less than 15 Dated: July 17, 2000. days prior to the meeting due to the timing days prior to the meeting due to the timing limitations imposed by the review and limitations imposed by the review and Anna Snouffer, funding cycle. funding cycle. Acting Director, Office of Federal Advisory Name of Committee: Center for Scientific Committee Policy. (Catalogue of Federal Domestic Assistance Review Special Emphasis Panel. [FR Doc. 00–18723 Filed 7–24–00; 8:45 am] Date: July 27, 2000. Program Nos. 93.306, Comparative Medicine, BILLING CODE 4140±01±M Time: 4:00 pm to 7:00 pm. 93.306; 93.333, Clinical Research, 93.333, Agenda: To review and evaluate grant 93.337, 93.393–93.396, 93.837–93.844, applications. 93.846–93.878, 93.892, 93.893, National Place: NIH, Rockledge 2, Bethesda, MD DEPARTMENT OF HEALTH AND Institutes of Health, HHS) HUMAN SERVICES 20892, (Telephone Conference Call). Dated: July 18, 2000. Contact Person: Bruce Maurer, Scientific Review Administrator, Center for Scientific LaVerne Y. Stringfield, Substance Abuse and Mental Health Review, National Institutes of Health, 6701 Director, Office of Federal Advisory Services Administration Rockledge Drive, Room 5222, MSC 7852, Committee Policy. Bethesda, MD 20892, 301–435–1168. [FR Doc. 00–18710 Filed 7–24–00; 8:45 am] Agency Information Collection This notice is being published less than 15 Activities: Submission for OMB days prior to the meeting due to the timing BILLING CODE 4140±01±M Review; Comment Request limitations imposed by the review and funding cycle. Periodically, the Substance Abuse and Name of Committee: Center for Scientific Mental Health Services Administration Review Special Emphasis Panel. (SAMHSA) will publish a list of

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Burden/ Number of Responses/ response Annual burden respondents respondent (hours) (hours)

State Statisticians and Superintendents of State Mental Hospitals ...... 52 1 2 104

Written comments and (202) 708–5221 (this is not a toll-free existing ‘‘fast-track’’ procedures with a recommendations concerning the number) for copies of the proposed single national process for all proposed information collection should forms and other available information. multifamily offices of the U.S. be sent within 30 days of this notice to: FOR FURTHER INFORMATION CONTACT: Department of Housing and Urban SAMHSA Desk Officer, Human Michael L. McCullough, Department of Development (HUD). Resources and Housing Branch, Office Housing and Urban Development, 451 Agency form numbers, if applicable: of Management and Budget, New 7th Street, SW, Washington, DC 20410, None. Executive Office Building, Room 10235, telephone number (202) 708–3000 (this Estimation of the total numbers of Washington, DC 20503. is not a toll-free number). hours needed to prepare the information collection including number of Dated: July 19, 2000. SUPPLEMENTARY INFORMATION: The Department is submitting the proposed respondents, frequency of response, and Richard Kopanda, hours of response: The number of Executive Officer, SAMHSA. information collection to OMB for review, as required by the Paperwork respondents are 130, the frequency of [FR Doc. 00–18703 Filed 7–24–00; 8:45 am] Reduction Act of 1995 (44 U.S.C. responses is 1, the hours per response BILLING CODE 4162±20±P Chapter 35, as amended). is 10 hours, and the total estimated This Notice is soliciting comments annual burden hours is 1,300. from members of the public and affected Status of the proposed information DEPARTMENT OF HOUSING AND agencies concerning the proposed collection: Reinstatement. URBAN DEVELOPMENT collection of information to: (1) Evaluate Authority: The Paperwork Reduction Act whether the proposed collection is of 1995, 44 U.S.C., Chapter 35, as amended. Notice of Proposed Information necessary for the proper performance of Dated: July 19, 2000. Collection: Comment Request; Lender the functions of the agency, including William C. Apgar, Qualifications for Multifamily whether the information will have Accelerated Processing (MAP) Assistant Secretary for Housing-Federal practical utility; (2) Evaluate the Housing Commissioner. AGENCY: Office of the Assistant accuracy of the agency’s estimate of the [FR Doc. 00–18696 Filed 7–24–00; 8:45 am] burden of the proposed collection of Secretary for Housing, HUD. BILLING CODE 4210±27±M information; (3) Enhance the quality, ACTION: Notice. utility, and clarity of the information to SUMMARY: The proposed information be collected; and (4) Minimize the DEPARTMENT OF HOUSING AND collection requirement described below burden of the collection of information URBAN DEVELOPMENT on those who are to respond; including will be submitted to the Office of [Docket No. FR±4561±N±46] Management and Budget (OMB) for the use of appropriate automated review, as required by the Paperwork collection techniques or other forms of Notice of Submission of Proposed Reduction Act. The Department is information technology, e.g., permitting Information Collection to OMB Survey soliciting public comments on the electronic submission of responses. of New Manufactured (Mobile) Home subject proposal. This Notice also lists the following Placements information: DATES: Comments Due Date: September Title of Proposal: Lender AGENCY: Office of the Chief Information 25, 2000. Qualifications for Multifamily Officer, HUD. ADDRESSES: Interested persons are Accelerated Processing (MAP). ACTION: Notice. invited to submit comments regarding OMB Control Number, if applicable: this proposal. Comments should refer to 2502–0541. SUMMARY: The proposed information the proposal by name and/or OMB Description of the need for the collection requirement described below Control Number and should be sent to: information and proposed use: has been submitted to the Office of Wayne Eddins, Reports Management Multifamily Accelerated Processing Management and Budget (OMB) for Officer, Department of Housing and (MAP) is a new way for approved review, as required by the Paperwork Urban Development, 451 7th Street, SW, lenders to apply for Federal Housing Reduction Act. The Department is L’Enfant Building, Room 8202, Administration (FHA) multifamily soliciting public comments on the Washington, D.C. 20410, telephone mortgage insurance. MAP will replace subject proposal.

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DATES: Comments Due Date: August 24, SUPPLEMENTARY INFORMATION: The and (10) the name and telephone 2000. Department has submitted the proposal number of an agency official familiar for the collection of information, as with the proposal and of the OMB Desk ADDRESSES: Interested persons are described below, to OMB for review, as Officer for the Department. invited to submit comments regarding required by the Paperwork Reduction This Notice also lists the following this proposal. Comments should refer to Act (44 U.S.C. Chapter 35). The Notice information: the proposal by name and/or OMB lists the following information: (1) The Title of Proposal: Survey of New approval number (2528–0029) and title of the information collection Manufactured (Mobil) Home should be sent to: Joseph F. Lackey, Jr., proposal; (2) the office of the agency to Placements. OMB Desk Officer, Office of collect the information; (3) the OMB OMB Approval Number: 2528–0029. Management and Budget, Room 10235, approval number, if applicable; (4) the New Executive Office Building, description of the need for the Form Numbers: C–HM–9A. Washington, DC 20502. information and its proposed use; (5) Description of The Need For The the agency form number, if applicable; Information And Its Proposed Use: This FOR FURTHER INFORMATION CONTACT: (6) what members of the public will be survey is used to collect data on the Wayne Eddins, Reports Management affected by the proposal; (7) how placement of new manufactured Officer, Q, Department of Housing and frequently information submissions will (mobile) homes. The data are collected Urban Development, 451 Seventh Street, be required; (8) an estimate of the total from manufactured home dealers. The Southwest, Washington, DC 20410; e- number of hours needed to prepare the principal user, HUD, used the statistics mail [email protected]; information submission including to monitor trends in this type of low- telephone (202) 708–2374. This is not a number of respondents, frequency of cost housing, to formulate policy, draft toll-free number. Copies of the proposed response, and hours of response; (9) legislation, and evaluate programs. forms and other available documents whether the proposal is new, an Respondents: Business or other for- submitted to OMB maybe obtained from extension, reinstatement, or revision of profit. Mr. Eddins. an information collection requirement; Frequency of Submission: Monthly.

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

Reporting Burden ...... 12,960 1 ...... 0.5 ...... 6,480

Total Estimated Burden Hours: 6,480. FOR FURTHER INFORMATION CONTACT: The them to FHA for insurance Status: Revision of a currently Quality Assurance Division, Office of endorsement. The Agreement may be approved collection. Housing, Department of Housing and terminated on the basis of poor Urban Development, 451 Seventh St. Authority: Section 3507 of the Paperwork performance of FHA-insured mortgage Reduction Act of 1995, 44 U.S.C. 35, as SW, Room B133–P3214, Washington, loans originated by the mortgagee. The amended. DC 20410; telephone (202) 708–2830 Termination of a mortgagee’s Agreement (this is not a toll-free number). Persons is separate and apart from any action Dated: July 19, 2000. with hearing or speech impairments taken by HUD’s Mortgagee Review Wayne Eddins, may access that number via TTY by Board under HUD’s regulations at 24 Departmental Reports Management Officer, calling the Federal Information Relay CFR part 25. Office of the Chief Information Officer. Service at (800) 877–8339. [FR Doc. 00–18697 Filed 7–24–00; 8:45 am] SUPPLEMENTARY INFORMATION: HUD has Cause BILLING CODE 4210±01±M the authority to address deficiencies in HUD’s regulations permit HUD to the performance of lenders’ loans as terminate the Agreement with any provided in the HUD mortgagee mortgagee having a default and claim DEPARTMENT OF HOUSING AND approval regulations at 24 CFR 202.3. URBAN DEVELOPMENT rate for loans endorsed within the On May 17, 1999 (64 FR 26769), HUD preceding 24 months that exceeds 200 published a notice on its procedures for percent of the default and claim rate [Docket No. FR±4513±N±04] terminating origination approval within the geographic area served by a agreements with FHA lenders and Credit Watch Termination Initiative HUD field office, and also exceeds the placement of FHA lenders on Credit national default and claim rate. For the Watch status (an evaluation period). In AGENCY: Office of Assistant Secretary for third review period, HUD is only the May 17, 1999 notice, HUD advised Housing-Federal Housing terminating the Agreement of that it would publish in the Federal mortgagees whose default and claim rate Commissioner, HUD. Register a list of mortgagees which have exceeds both the national rate and 300 ACTION: Notice. had their Origination Approval percent of the field office rate. Agreements terminated. SUMMARY: This notice advises of the Effect cause and effect of termination of Termination of Origination Approval Origination Approval Agreements taken Agreement Termination of the Agreement by HUD’s Federal Housing Approval of a mortgagee by HUD/ precludes that branch(s) of the Administration against HUD-approved FHA to participate in FHA mortgage mortgagee from originating FHA-insured mortgagees through its Credit Watch insurance programs includes an single family mortgages within the area Termination Initiative. This notice Agreement between HUD and the of the HUD field office(s) listed in this includes a list of mortgagees which have mortgagee. Under the Agreement, the notice. Mortgagees authorized to had their Origination Approval mortgagee is authorized to originate purchase, hold, or service FHA insured Agreements (Agreements) terminated. single family mortgage loans and submit mortgages may continue to do so.

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Loans that closed or were approved approved mortgagee meeting the audits under Government Auditing before the Termination became effective requirements of 24 CFR 202.5, 202.6, Standards as set forth by the General may be submitted for insurance 202.7, 202.8 or 202.10 and 202.12, if Accounting Office. endorsement. Approved loans are: (1) there has been no Origination Approval The mortgagee must also submit a Those already underwritten and Agreement for at least six months, and written corrective action plan to address approved by a Direct Endorsement (DE) if the Secretary determines that the each of the issues identified in the underwriter employed by an underlying causes for termination have unconditionally approved DE lender; been remedied. CPA’s report, along with evidence that and (2) cases covered by a firm To enable the Secretary to ascertain the plan has been implemented. The commitment issued by HUD. Cases at whether the underlying causes for application for a new Agreement should earlier stages of processing cannot be termination have been remedied, a be in the form of a letter, accompanied submitted for insurance by the mortgagee applying for a new by the CPA’s report and corrective terminated branch; however, they may Origination Approval Agreement must action plan. The request should be sent be transferred for completion of obtain an independent review of the to the Director, Office of Lender processing and underwriting to another terminated office’s operations as well as Activities and Program Compliance, 451 mortgagee or branch authorized to its mortgage production, specifically Seventh Street SW, Room B133–P3214, originate FHA insured mortgages in that including the FHA-insured mortgages Washington, DC 20410, or by courier to area. Mortgagees are obligated to cited in its termination notice. This 490 L’Enfant Plaza, East, S.W., Suite continue to pay existing insurance independent analysis shall identify the 3214, Washington, DC 20024. premiums and meet all other obligations underlying cause for the mortgagee’s associated with insured mortgages. high default and claim rate. The review Action A terminated mortgagee may apply for must be conducted and issued by an The following mortgagees have had a new Origination Approval Agreement independent Certified Public their Agreements terminated by HUD: if the mortgagee continues to be an Accountant (CPA) qualified to perform

Termination Home ownership Mortgagee name Mortgagee branch address HUD office jurisdictions effective date centers

Allied Mortgage Capital 513 East Center Street, Kingsport, TN 37660 ...... Memphis, TN ...... 06/02/2000 Atlanta. Corp. Challenge Mortgage Corp 15 Spinning Wheel Road, STE 426, Hinsdale, IL Chicago, IL ...... 06/05/2000 Atlanta. 60521. First Guaranty Mortgage 8180 Greensboro Dr., STE 1175, McLean, VA Richmond, VA ...... 06/02/2000 Philadelphia. Corp. 22102. First Republic Mortgage 6230 Fairview RD #200, Charlotte, NC 28210 ...... Greensboro, NC ...... 03/20/2000 Atlanta. Corp. General Mortgage Corp.... 23880 Woodward Avenue, Pleasant Ridge, MI Detroit, MI ...... 06/02/2000 Philadelphia. 48069. Wells Fargo Home Mort- 14402 John Humphrey Drive, Orland Park, IL Chicago, IL ...... 06/02/2000 Atlanta. gage Inc. 60462.

Dated: July 17, 2000. peregrine falcons while allowing a Bird Management, U.S. Fish and William C. Apgar, limited take of nestlings for falconry. Wildlife Service, at 703–358–1714 or Assistant Secretary for Housing-Federal We do so by evaluating the effects of the address above. Housing Commissioner. take of nestlings on American peregrine SUPPLEMENTARY INFORMATION: The [FR Doc. 00–18745 Filed 7–24–00; 8:45 am] population growth in the United States. American peregrine falcon (Falco BILLING CODE 4210±27±P We seek public comment on the draft peregrinus anatum) occurs throughout assessment. much of North America from the DATES: Comments on the Draft subarctic boreal forests of Alaska and Canada south to Mexico. The American DEPARTMENT OF THE INTERIOR Environmental Assessment are due by September 25, 2000. peregrine falcon declined precipitously in North America following World War Fish and Wildlife Service ADDRESSES: The Draft Environmental II, a decline attributed largely to Assessment is available from, and organochlorine pesticides applied in the Availability of Draft Environmental written comments about it should be United States and Canada. Because of Assessment of Take of Nestling submitted to, Chief, Office of Migratory the decline, the American peregrine was American Peregrine Falcons for Bird Management, U.S. Fish and listed as endangered in 1970 (35 FR Falconry Wildlife Service, 4401 North Fairfax 16047). Drive, Room 634, Arlington, Virginia AGENCY: Fish and Wildlife Service, Recovery goals for American Interior. 22203–1610. You can request a copy of peregrine falcons in the United States the Environmental Assessment by ACTION: Notice of availability. were substantially exceeded in some calling 703–358–1714. The fax number areas, and on August 25, 1999, we SUMMARY: This notice is to announce the for a request or for comments is 703– removed the American peregrine falcon availability of a Draft Environmental 358–2272. The Assessment also is from the List of Endangered and Assessment of falconry take of nestling available on the Office of Migratory Bird Threatened Wildlife and Plants (64 FR American peregrine falcons in the Management web pages at http:// 46542). However, monitoring of the contiguous United States and Alaska. In migratorybirds.fws.gov. status of the species is required, and it it, we seek to provide protection for the FOR FURTHER INFORMATION CONTACT: Dr. is still protected under the Migratory nationwide population of American George T. Allen, Office of Migratory Bird Treaty Act.

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Anticipating delisting, in June 1999 a DEPARTMENT OF THE INTERIOR County, Utah, was timely filed and number of state fish and wildlife required rentals accruing from January agencies, through the International Bureau of Land Management 1, 2000, the date of termination, have Association of Fish and Wildlife been paid. Science Advisory Board; Notice of Agencies, proposed allowing take of The lessee has agreed to new lease Reestablishment nestling American peregrines for terms for rentals and royalties at rates of falconry. In response, in an October 4, AGENCY: Bureau of Land Management, $5 per acre and 162⁄3 percent, 1999, Federal Register notice (64 FR Interior. respectively. The $500 administrative 53686), we stated that we would prepare ACTION: Science Advisory Board— fee has been paid and the lessee has two management plans and associated Notice of Reestablishment. reimbursed the Bureau of Land environmental assessments for take of Management for the cost of publishing SUMMARY: This notice is published in wild peregrine falcons. We further this notice. accordance with Section 9(a)(2) of the Having met all the requirements for stated that we would consider a Federal Advisory Committee Act of reinstatement of the lease as set out in conservative take of nestling peregrines 1972 (Pub. L. 92–463). Following Section 31(d) and (e) of the Mineral from healthy populations of American consultation with the General Services Leasing Act of 1920 (30 U.S.C. 188), the peregrine falcons in the western United Administration, notice is hereby given Bureau of Land Management is States and Alaska, where recovery was that the Secretary of the Interior has proposing to reinstate lease UTU–76305, most marked and where approximately reestablished the Science Advisory effective January 1, 2000, subject to the 82% of the nesting pairs in the United Board. original terms and conditions of the States were found in 1998. SUPPLEMENTARY INFORMATION: The lease and the increased rental and The States proposed allowing take of purpose of the Advisory Board is to royalty rates cited above. 5% of the annual production of advise and assist the Director of the Robert Lopez, nestlings in States west of 100° (Alaska, Bureau of Land Management on issues Chief, Branch of Minerals Adjudication. Arizona, California, Colorado, Idaho, pertaining to science and the [FR Doc. 00–18706 Filed 7–24–00; 8:45 am] Montana, Nevada, New Mexico, Oregon, application of scientific information in Utah, Washington, and Wyoming). In the management of public lands and BILLING CODE 4310±SS±M preparing the Draft Environmental their resources. The Advisory Board is Assessment, we considered the request comprised of up to nine members from DEPARTMENT OF THE INTERIOR from the States, as well as the effects of among the following categories: natural allowing no take, and take of 10%, 15%, resource management, energy and Bureau of Land Management minerals, conservation biology, and and 20% of annual production in those [CA±680±5101±ER±B124; CACA±41418] States. A sixth alternative we evaluated ecology and genetics. was lifting the current restriction on FOR FURTHER INFORMATION CONTACT: Lee Proposed Plan Amendment take by falconry permittees. This option Barkow, Bureau of Land Management, would make no distinctions regarding Denver Federal Center, Building 50, AGENCY: Bureau of Land Management, where nestling peregrines could be P.O. Box 25047, Denver, Colorado Interior. taken. 80225–0047, (303) 236–6454. ACTION: Notice of intent for plan Certification amendment to California desert Because population changes also are conservation area plan. greatly influenced by survival of adults, I hereby certify that the we also assessed the effects of different reestablishment of the Science Advisory SUMMARY: Notice is hereby given that take levels with different values for Board is necessary and in the public the Bureau of Land Management (BLM) adult mortality. We concluded that 20% interest in connection with the has proposed a plan amendment to the post-first-year mortality is a Secretary of the Interior’s California Desert Conservation Area conservative and reasonable value to responsibilities to manage the lands, Plan (CDCA) to partially exempt a use. However, we also modeled resources and facilities administered by proposed fiber optic cable right-of-way population growth using 10%, 15%, and the Bureau of Land Management. from a designated Energy Production 25% annual mortality of adults. Dated: July 14, 2000. and Utility Corridor for a portion of the proposed alignment. The proposed action in the Draft Bruce Babbitt, Environmental Assessment is to allow Secretary of the Interior. DATES: Written scoping comments must take of up to 5% of the nestlings [FR Doc. 00–18751 Filed 7–24–00; 8:45 am] be received no later than August 24, 2000. produced in western States; take of any BILLING CODE 4310±84±P lesser amount could be allowed by a ADDRESSES: Written scoping comments State. The 5% level of take should still should be addressed to: Becki Gonzales, allow population growth of 3% per year DEPARTMENT OF THE INTERIOR Attn: Plan Amendment, Barstow Field Office, 2601 Barstow Road, Barstow, CA if post-first-year mortality is 20% and Bureau of Land Management population density does not affect 92311. reproduction or survival. [UTU±76305] FOR FURTHER INFORMATION CONTACT: Becki Gonzales (760) 252–6029. Dated: July 18, 2000. Utah; Proposed Reinstatement of SUPPLEMENTARY INFORMATION: An Jamie Rappaport Clark, Terminated Oil and Gas Lease approximate 235.8 mile fiber optic cable Director, U.S. Fish and Wildlife Service. In accordance with Title IV of the is proposed by Level 3 [FR Doc. 00–18693 Filed 7–24–00; 8:45 am] Federal Oil and Gas Royalty Communications, L.L.C., from Las BILLING CODE 4310±55±P Management Act (Pub. L. 97–451), a Vegas, Nevada to San Bernardino, petition for reinstatement of oil and gas California. A major portion of the lease UTU–76305 for lands in Grand proposed route will utilize Energy

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Production and Utility Corridor ‘‘D’’ as DATES: Submit written comments by in a safe manner by well-trained shown in the California Desert August 24, 2000. personnel using technology, Conservation Area Plan 1980 (CDCA), as ADDRESSES: You may submit comments precautions, and techniques sufficient amended. The proposed right-of-way as directly to the Office of Information and to prevent or minimize the likelihood of it nears the City of Victorville, deviates Regulatory Affairs, OMB, Attention: blowouts, loss of well control, fires, from the corridor at Stoddard Wells Desk Officer for the Department of the spillages, physical obstruction to other Road following existing fiber optic lines Interior (1010–0067), 725 17th Street, users of the waters or subsoil and to Black Mountain Quarry Road, N.W., Washington, D.C. 20503. Mail or seabed, or other occurrences which may returning to the corridor. The hand carry a copy of your comments to cause damage to the environment or to approximate 12 miles segment where the Department of the Interior; Minerals property, or endanger life or health.’’ the proposed route leaves Corridor D is Management Service; Attention: Rules This authority and responsibility are not formally designated as a utility Processing Team; Mail Stop 4024; 381 among those delegated to the Minerals corridor by the CDCA Plan. The Elden Street; Herndon, Virginia 20170– Management Service (MMS). proposed plan amendment/exemption is 4817. The MMS district supervisors analyze being evaluated in the environmental Our practice is to make comments, and evaluate the information and data documentation for the proposed fiber including names and home addresses of collected under subpart E to ensure that optic facility. respondents, available for public review planned well-completion operations Individual respondents may request during regular business hours. will protect personnel safety and natural confidentiality. If you wish to withold Individual respondents may request that resources. They use the analysis and your name or street address from public we withhold their home address from evaluation results in the decision to review or from disclosure under the the record, which we will honor to the approve, disapprove, or require Freedom of Information Act, you must extent allowable by law. There may be modification to the proposed well- state this prominently at the beginning circumstances in which we would completion operations. Specifically, of your written comment. Such requests withhold from the record a respondent’s MMS uses the information to ensure: (a) will be honored to the extent allowed by identity, as allowable by law. If you Compliance with personnel safety law. All submissions from organizations wish us to withhold your name and/or training requirements; (b) crown block or business, and from individuals address, you must state this safety device is operating and can be identifying themselves as prominently at the beginning of your expected to function to avoid accidents; representatives or officials of comment. However, we will not (c) proposed operation of the annular organization or business, will be made consider anonymous comments. We preventer is technically correct and available for public inspection in their will make all submissions from provides adequate protection for entirety. organizations or businesses, and from personnel, property, and natural Dated: July 18, 2000. individuals identifying themselves as resources; (d) well-completion representatives or officials of operations are conducted on well James L. Williams, organizations or businesses, available casings that are structurally competent; Acting District Manager. for public inspection in their entirety. and (e) sustained casing pressures are [FR Doc. 00–18652 Filed 7–24–00; 8:45 am] FOR FURTHER INFORMATION CONTACT: within acceptable limits. BILLING CODE 4310±40±P Alexis London, Rules Processing Team, We protect proprietary information telephone (703) 787–1600. You may also that is submitted according to the contact Alexis London to obtain a copy Freedom of Information Act (5 U.S.C. DEPARTMENT OF THE INTERIOR of the collection of information at no 552), and its implementing regulations Minerals Management Service cost. (43 CFR 2), and 30 CFR 250.196. No SUPPLEMENTARY INFORMATION: items of a sensitive nature are collected. Agency Information Collection Title: 30 CFR 250, Subpart E, Oil and Responses are mandatory. Activities: Submitted for Office of Gas Well-Completion Operations We published a Federal Register Management and Budget (OMB) OMB Control Number: 1010–0067. notice with the required 60-day Review; Comment Request Abstract: The Outer Continental Shelf comment period on April 17, 2000 (65 (OCS) Lands Act, 43 U.S.C. 1331 et seq., FR 20485). We received no comments in AGENCY: Minerals Management Service requires the Secretary of the Interior to response to that notice. (MMS), Interior. preserve, protect, and develop oil and Frequency: The frequency of reporting ACTION: Notice of extension of a gas resources in the OCS in a manner varies according to requirement (see currently approved information that is consistent with the need to make following burden chart). collection (OMB control number 1010– such resources available to meet the Estimated Number and Description of 0067). Nation’s energy needs as rapidly as Respondents: Approximately 130 possible; balance orderly energy Federal OCS oil, gas, and sulphur SUMMARY: To comply with the resources development with protection lessees. Paperwork Reduction Act of 1995 of the human, marine, and coastal Estimated Annual Reporting and (PRA), we are submitting to OMB for environment; ensure the public a fair Recordkeeping ‘‘Hour’’ Burden: 5,672 review and approval an information and equitable return on OCS resources; hours (see following burden chart). collection request (ICR), titled ‘‘30 CFR and preserve and maintain free Estimated Annual Recordkeeping 250, Subpart E, Oil and Gas Well- enterprise competition. Section 1332(6) ‘‘Non-Hour Cost’’ Burden: We have Completion Operations.’’ We are also of the OCS Lands Act (43 U.S.C. 1332) identified no non-hour cost burdens soliciting comments from the public on requires that ‘‘operations in the [O]uter associated with this collection of this ICR. Continental Shelf should be conducted information.

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BURDEN BREAKDOWN

Citation 30 CFR 250 Reporting & recordkeeping requirement Burden Annual bur- Subpart E (frequency) Number (hours) den hours

502 ...... Request approval not to shut in well during equipment 13 requests ...... 131 13 movement (on occasion). 502 (MMS condition of ap- Notify MMS of well-completion rig movement on or off 560 notices ...... 1 56 proval). platform or from well to well on same platform (on occasion). 505; 513; 515(a); 516(g), (j) Submit forms MMS±123, MMS±124, MMS±125 for var- Burden included in 1010±0044, 1010± 0 ious approvals. 0045, 1010±0046. 512 ...... Request field well-completion rules be established and 2 requests ...... 1 2 canceled (on occasion; however, there have been no requests in many years). 515(a) ...... Submit well-control procedures (on occasion) ...... 15 submissions ...... 1 15 517(b) ...... Pressure test, caliper, or otherwise evaluate tubing & 20 reports ...... 4 80 wellhead equipment casing; submit results (every 30 days during prolonged operations). 517(c) ...... Notify MMS if sustained casing pressure is observed 1,355 notices ...... 25 339 on a well (on occasion). (rounded)

Reporting subtotal ...... 1,965 Responses 505

506 ...... Instruct crew members in safety requirements of oper- 570 completions × 4 = .16 365 ations to be performed; document meeting (weekly 2,280. (rounded) for 2 crews × 2 weeks per completion = 4). 511 ...... Perform operational check of traveling-block safety de- 575 completions × 2 = .1 115 vice; document results (weekly × 2 weeks per com- 1,150. pletion = 2). 516 tests; 516(i) ...... Perform BOP pressure tests, actuations & inspections; 575 completions ...... 6 3,450 record results; retain records 2 years following com- pletion of well (when installed; minimum every 14 days; as stated for component). 516(d)(5) test; 516(i) ...... Function test annulars and rams; document results 575 completions ...... 16 92 (every 7 days between BOP testsÐbiweekly; note: part of BOP test when conducted). 516(e) ...... Record reason for postponing BOP system tests (on 45 postponed tests ...... 1 5 occasion). (rounded) 516(f) ...... Perform crew drills; record results (weekly for 2 crews 570 completions × 4 = .5 1,140 × 2 weeks per completion = 4). 2,280.

Recordkeeping subtotal ...... 130 Recordkeepers (RKs) 5,167

Total hour burden ...... 2,095 Responses/RKs 5,672

Comments: The PRA (44 U.S.C. 3501, automated collection techniques or DEPARTMENT OF THE INTERIOR et seq.) provides that an agency may not other forms of information technology. conduct or sponsor, and a person is not If you wish to comment in response Minerals Management Service required to respond to, a collection of to this notice, send your comments information unless it displays a Agency Information Collection directly to the offices listed under the Activities: Submitted for Office of currently valid OMB control number. ADDRESSES section of this notice. The Section 3506(c)(2)(A) of the PRA Management and Budget (OMB) OMB has up to 60 days to approve or Review; Comment Request requires each agency ‘‘. . . to provide disapprove the information collection notice . . . and otherwise consult with but may respond after 30 days. AGENCY: Minerals Management Service members of the public and affected Therefore, to ensure maximum (MMS), Interior. agencies concerning each proposed consideration, OMB should receive ACTION: collection of information . . .’’ Agencies public comments by August 24, 2000. Notice of extension and revision must specifically solicit comments to: of a currently approved information MMS Information Collection (a) Evaluate whether the proposed collection (OMB Control Number 1010– Clearance Officer: Jo Ann Lauterbach, collection of information is necessary 0049). (202) 208–7744). for the agency to perform its duties, including whether the information is Dated: July 5, 2000. SUMMARY: Under the Paperwork useful; (b) evaluate the accuracy of the E.P. Danenberger, Reduction Act of 1995 (PRA), we are agency’s estimate of the burden of the Chief, Engineering and Operations Division. submitting to OMB for review and approval an information collection proposed collection of information; (c) [FR Doc. 00–18803 Filed 7–24–00; 8:45 am] request (ICR), titled ‘‘30 CFR 250, enhance the quality, usefulness, and BILLING CODE 4310±MR±P clarity of the information to be Subpart B-Exploration and Development collected; and (d) minimize the burden and Production Plans.’’ We are also soliciting comments from the public on on the respondents, including the use of this ICR.

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DATE: Submit written comments by gas resources in the OCS, consistent approval of several aspects of the plan August 24, 2000. with the need to make such resources submissions that have developed over ADDRESSES: You may submit comments available to meet the Nation’s energy time. In addition to the currently directly to the Office of Information and needs as rapidly as possible; balance approved requirements, we are seeking Regulatory Affairs, OMB, Attention: orderly energy resource development OMB approval of the number of copies Desk Officer for the Department of the with protection of the human, marine, respondents submit; a new ‘‘OCS Plan Interior (1010–0049), 725 17th Street, and coastal environments; ensure the Information Form’’ (form MMS–137) for N.W., Washington, D.C. 20503. Mail or public a fair and equitable return on the use in the GOM Region; and two air hand carry a copy of your comments to resources of the OCS; and preserve and emissions spreadsheets (forms MMS– the Department of the Interior; Minerals maintain free enterprise competition. 138 and MMS–139) currently used in Management Service; Attention: Rules Sections 11 and 25 of the amended the GOM Region. Except for form MMS– Processing Team; Mail Stop 4024; 381 OCS Lands Act require the holders of 137, these are not new requirements. We Elden Street; Herndon, Virginia 20170– OCS oil and gas and sulphur leases to consider the burdens for these as part of 4817. submit exploration plans (EPs) and the burden currently approved for Our practice is to make comments, development and production plans developing and submitting EPs or DPPs including names and home addresses of (DPPs) for approval prior to (development operations coordination respondents, available for public review commencing these activities. The documents (DOCDs) in the western during regular business hours. implementing regulations and GOM). associated information collection Individual respondents may request that In addition, we are seeking OMB requirements are contained in 30 CFR we withhold their home address from approval for a new form MMS–141, 250, subpart B, Exploration and the record, which we will honor to the ‘‘ROV Survey Report.’’ Sections Development and Production Plans extent allowable by law. There may be 250.203(o) and 250.204(s) of our circumstances in which we would (subpart B). In addition, MMS has issued Notices to Lessees and Operators regulations provide the authority to withhold from the record a respondent’s require monitoring surveys and submit identity, as allowable by the law. If you (NTLs) that provide supplementary guidance and procedures as applicable the results. MMS has not required such wish us to withhold your name and/or monitoring surveys be conducted for address, you must state this to each Region or nationally. These NTLs address the various surveys, some time. Because many of the current prominently at the beginning of your exploration areas in the GOM Region are comment. However, we will not reports, plans (including deep water operations plans and conservation now characterized as ‘‘relatively consider anonymous comments. We untested or remote,’’ it will be necessary will make all submissions from information), etc., that are necessary for MMS to approve the exploration or to obtain the information from these organizations or businesses, and from surveys. We have developed a suggested individuals identifying themselves as development and production activities. The MMS engineers, geologists, form on which respondents may record representatives or officials of geophysicists, and environmental the information from the survey. organizations or businesses, available scientists use the information collected We will protect information for public inspection in their entirety. under subpart B, and related NTLs, to respondents submit that is considered FOR FURTHER INFORMATION CONTACT: analyze and evaluate the planned proprietary under the Freedom of Alexis London, Rules Processing Team, operations to ensure that they will not Information Act (5 U.S.C. 552) and its telephone (703) 787–1600. You may also adversely affect the marine, coastal, or implementing regulations (43 CFR 2) contact Alexis London to obtain a copy human environment and that they and 30 CFR 250.196. No items of a of the collection of information at no conserve the resources of the OCS. It sensitive nature are collected. cost. would be impossible for the Regional Responses are mandatory. SUPPLEMENTARY INFORMATION: Title: 30 Supervisor to make an informed Frequency: The frequency of reporting CFR 250, Subpart B, Exploration and decision on whether to approve the is on occasion. Development and Production Plans proposed plans, or whether OMB Control Number: 1010–0049. modifications are necessary, without the Estimated Number and Description of Bureau Form Numbers: MMS–137, analysis and evaluation of the required Respondents: Approximately 130 MMS–138, MMS–139, and MMS–141. information. The affected States also Federal OCS oil, gas, and sulphur Abstract: The Outer Continental Shelf review the information collected for lessees. (OCS) Lands Act, 43 U.S.C. 1331 et seq., consistency with approved Coastal Zone Estimated Annual Reporting and gives the Secretary of the Interior Management plans. Recordkeeping ‘‘Hour’’ Burden: 249,370 (Secretary) the responsibility to We are resubmitting this collection of hours—refer to the following chart for a preserve, protect, and develop oil and information to OMB to obtain official breakdown of this estimate.

Average Citation 30 CFR 250 Sub- Reporting and recordkeeping requirement Annual number burden Annual bur- part B and related NTLs (hours) den hours

201 ...... Notify MMS and others of preliminary activities and 22 notices/information ...... 10 220 submit follow-up information. 202 ...... Submit conservation information documents ...... 30 documents ...... 300 900 203 ...... Submit initial exploration plan, including surveys, re- 260 plans ...... 580 hours 150,800 ports, studies, GOM Region forms MMS±137, MMS± 138, MMS±39, etc., including notification require- ments. 203(i), (j), (k), (l), (n), (q) .... Submit revised/modified exploration plan, including sur- 180 revisions ...... 80 14,400 veys, reports, studies, departures, etc. 203(o); 204(s) ...... Conduct surveys or monitoring programs and submit 3 each for 30 wells = 90 .... 2 180 results; GOM Region form MMS±141.

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Average Citation 30 CFR 250 Sub- Reporting and recordkeeping requirement Annual number burden Annual bur- part B and related NTLs (hours) den hours

203(p); 204(t) ...... Submit Application for Permit to Drill ...... Burden covered under 1010±0044. 0 204 ...... Submit initial development and production plan (or 95 plans ...... 580 55,100 DOCD) used in western GOM, including surveys, re- ports, studies, GOM Region forms MMS±137, MMS± 138, MMS±139, etc., including notification require- ments. 204 ...... Submit deepwater operations plans for projects in 17 plans ...... 580 9,860 GOM water depths greater than 1,000 feet and projects utilizing subsea production technology. 204(k) ...... Submit preliminary plans for tracts in vicinity of a DPP 10 plans ...... 2 20 that requires NEPA procedures. 204 (l), (m), (n), (o), (q), (u) Submit revised/modified development and production 215 revisions ...... 82 17,630 plan (or DOCD), including surveys, reports, studies, departures, etc.

ReportingÐSubtotal ...... 886 Responses ...... 249,110

Supplemental NTLs ...... Retain original copies of surveys, studies, reports, etc. 130 ...... 2 260 (Note: Respondents would retain these as part of usual and customary business activities. The burden is to make them available to MMS if needed.).

RecordkeepingÐSubtotal ...... 130 Recordkeepers ...... 260

Total burden ...... 1,016 Responses/Recordkeepers 249,370

Estimated Annual Reporting and to 60 days to approve or disapprove the DATES: Submit written comments by Recordkeeping ‘‘Non-Hour Cost’’ information collection but may respond August 24, 2000. Burden: We have identified no non-hour after 30 days. Therefore, to ensure ADDRESSES: You may submit comments cost burdens for this collection. maximum consideration, OMB should directly to the Office of Information and Comments: The PRA (44 U.S.C. 3501, receive public comments by August 24, Regulatory Affairs, OMB, Attention: et seq.) provides that an agency may not 2000. Desk Officer for the Department of the conduct or sponsor, and a person is not MMS Information Collection Interior (1010–0053), 725 17th Street, required to respond to, a collection of Clearance Officer: Jo Ann Lauterbach, NW, Washington, DC 20503. Mail or information unless it displays a (202) 208–7744. hand carry a copy of your comments to currently valid OMB control number. the Department of the Interior; Minerals Section 3506(c)(2)(A) of the PRA Dated: June 15, 2000. E.P. Danenberger, Management Service; Attention: Rules requires each agency ‘‘* * * to provide Processing Team; Mail Stop 4024; 381 Chief, Engineering and Operations Division. notice * * * and otherwise consult Elden Street; Herndon, Virginia 20170– with members of the public and affected [FR Doc. 00–18804 Filed 7–24–00; 8:45 am] 4817. agencies concerning each proposed BILLING CODE 4310±MR±P Our practice is to make comments, collection of information * * *’’ including names and home addresses of Agencies must specifically solicit respondents, available for public review comments to: (a) evaluate whether the DEPARTMENT OF THE INTERIOR during regular business hours. proposed collection of information is Individual respondents may request that necessary for the agency to perform its Minerals Management Service we withhold their home address from duties, including whether the the record, which we will honor to the information is useful; (b) evaluate the Agency Information Collection extent allowable by law. There may be accuracy of the agency’s estimate of the Activities: Submitted for Office of circumstances in which we would burden of the proposed collection of Management and Budget (OMB) information; (c) enhance the quality, Review; Comment Request withhold from the record a respondent’s usefulness, and clarity of the identity, as allowable by law. If you AGENCY: Minerals Management Service information to be collected; and (d) wish us to withhold your name and/or (MMS), Interior. minimize the burden on the address, you must state this respondents, including the use of ACTION: Notice of extension of a prominently at the beginning of your automated collection techniques or currently approved information comment. However, we will not other forms of information technology. collection (OMB control number 1010– consider anonymous comments. We We published a Federal Register 0053). will make all submissions from notice with the required 60-day organizations or businesses, and from comment period soliciting comments on SUMMARY: To comply with the individuals identifying themselves as this ICR on February 23, 2000 (65 FR Paperwork Reduction Act of 1995 representatives or officials of 8984). We received no comments in (PRA), we are submitting to OMB for organizations or businesses, available response to that notice. If you wish to review and approval an information for public inspection in their entirety. comment in response to this notice, collection request (ICR), titled ‘‘30 CFR FOR FURTHER INFORMATION CONTACT: send your comments directly to the 250, Subpart D, Oil and Gas Drilling Alexis London, Rules Processing Team, offices listed under the ADDRESSES Operations.’’ We are also soliciting telephone (703) 787–1600. You may also section of this notice. The OMB has up comments from the public on this ICR. contact Alexis London to obtain a copy

VerDate 112000 17:13 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\25JYN1.SGM pfrm08 PsN: 25JYN1 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Notices 45795 of the collection of information at no cause damage to the environment or to training of the crew are adequate for safe cost. property, or endanger life or health.’’ operations in zones known to contain This authority and responsibility are H S and zones where the presence of SUPPLEMENTARY INFORMATION: 2 among those delegated to the Minerals H2S is unknown. Title: 30 CFR 250, Subpart D, Oil and Management Service (MMS). Gas Drilling Operations We protect proprietary information The MMS uses the information to that is submitted according to the OMB Control Number: 1010–0053. determine the condition of a drilling site Freedom of Information Act (5 U.S.C. Abstract: The Outer Continental Shelf to prevent hazards inherent in drilling 552), and its implementing regulations (OCS) Lands Act, 43 U.S.C. 1331 et seq., operations. Among other things, MMS (43 CFR 2), and 30 CFR 250.196. No requires the Secretary of the Interior to specifically uses the information to items of a sensitive nature are collected. preserve, protect, and develop oil and ensure: (a) The drilling unit is fit for the Responses are mandatory. gas resources in the OCS; make such intended purpose; (b) the lessee will not We published a Federal Register resources available to meet the Nation’s encounter geologic conditions that notice with the required 60-day energy needs as rapidly as possible; present a hazard to operations; (c) comment period on April 17, 2000 (65 balance orderly energy resources equipment is maintained in a state of FR 20484). We received no comments in development with protection of the readiness and meets safety standards; response to that notice. human, marine, and coastal (d) each drilling crew is properly environment; ensure the public a fair trained and able to promptly perform Frequency: The frequency of reporting and equitable return on the resources well-control activities at any time varies according to requirement (see offshore; and preserve and maintain free during well operations; (e) compliance following burden chart). enterprise competition. Section 1332(6) with safety standards; and (f) the Estimated Number and Description of of the OCS Lands Act (43 U.S.C. 1332) proposed field drilling rules will Respondents: Approximately 130 requires that ‘‘operations in the [O]uter provide for safe and proper field or Federal OCS oil, gas, and sulphur Continental Shelf should be conducted reservoir development, resource lessees. in a safe manner by well-trained evaluation, conservation, protection of Estimated Annual Reporting and personnel using technology, correlative rights, safety, and Recordkeeping ‘‘Hour’’ Burden: 113,827 precautions, and techniques sufficient environmental protection. We also hours (see following burden chart). to prevent or minimize the likelihood of review well records to determine Estimated Annual Recordkeeping blowouts, loss of well control, fires, whether drilling operations have ‘‘Non-Hour Cost’’ Burden: We have spillages, physical obstruction to other encountered hydrocarbons or H2S and identified no non-hour cost burdens users of the waters or subsoil and to ensure that H2S detection equipment, associated with this collection of seabed, or other occurrences which may personnel protective equipment, and information.

BURDEN BREAKDOWN

Citation 30 CFR 250 sub- Burden Annual bur- part D Reporting and recordkeeping requirement (frequency) Number (hours) den hours

401(a)(3), (c), (d) ...... Submit new fitness of drilling reports (on occasion) ...... 30 reports ...... 1 hour 30 401(a)(3), (f) ...... Apply for installation of fixed drilling platforms or structures; provide 3rd party review Burden 0 of drilling unit included in 1010±0058 (30 CFR 250, subpart I) 401(e)(1) ...... Submit plans for well testing; notify MMS before testing 25 plans ...... 2 hours 50 (on occasion). 401(e)(5) ...... Provide copy of directional survey to affected lease- 13 occasions ...... 1 hour 13 holder upon request (on occasion). 401(g) ...... Request approval not to shut-in well during equipment 15 requests ...... 1 hour 15 movement (on occasion). 401(g) (MMS condition of Notify MMS of drilling rig movement on or off drilling 1,210 notices ...... 1 hour 121 approval). location (on occasion). 404(a), (b), (c); 405(a), (b), Submit revised casing & cementing program (on occa- 20% of 1,105 drilling oper- 2 hours 442 (c). sion). ations = 221. 405(c) ...... Pressure test or evaluate casing; submit results (every 20% of 1,108 wells = 221.6 5 hours 1,108 30 days during prolonged drilling). 408(a)(2) ...... Prepare & post well control drill plan for crew members 33 plans ...... 3 hours 99 (on occasion). 412 ...... Request to amend or cancel field drilling rules (on oc- 8 requests ...... 2.7 hours 1 22 casion). 414 incl. various refs in Apply for permit to drill & supplemental required infor- Burden covered under 1010±0044 &/or 0 402, 404, 405, 406, 407, mation, including various other approvals required in 1010±0132 (forms MMS±123 and 409, 410, 411. subpart D. MMS±123S) 415; 416(b), (e) ...... Submit forms MMS±124, Sundry Notices & Reports on Burden included in 1010±0045 or 1010± 0 Wells, & MMS±125, Well Summary Report. 0046) 416 ...... Submit well records & other data as requested (daily; 20% of 13 wells = 2.6 (Pa- 3 hours 1 8 on occasion; note in GOMR, daily drilling reports cific Region only). submitted weekly on form MMS±133, burden under 1010±0132). 417(c)(1), (c)(2), (c)(3) ...... Request classification for presence of H2S ...... Submitted with APD; burden included in 0 1010±0044

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BURDEN BREAKDOWNÐContinued

Citation 30 CFR 250 sub- Burden Annual bur- part D Reporting and recordkeeping requirement (frequency) Number (hours) den hours

1 417(c)(4), (d) ...... Submit request for reclassification of H2S zone; notify 33 responses ...... 1.7 hours 56 MMS if conditions change (on occasion). 417(f), (j)(12) ...... Submit contingency plans for operations in H2S areas; 47 plans (21 drill, 13 10 hours 470 propose alternatives to minimize or eliminate SO2 workover, 13 production.). hazards (on occasion). 417(i) ...... Display warning signs ...... Not applicable; facilities would display 0 warning signs & use other visual & au- dible systems 417(j)(13)(vi) ...... Label breathing air bottles ...... Not applicable; supplier normally labels 0 bottles; facilities would routinely label if not 417(l) ...... Notify (phone) MMS of unplanned H2S releases (on 65 facilities × 2 = 130 ...... 2 hour 26 occasion). 417(o)(5) ...... Request approval to use drill pipe for well testing (on 4 requests ...... 2 hours 8 occasion). 417(q)(1) ...... Seal & mark for the presence of H2S cores to be trans- Not applicable: facilities would mark trans- 0 ported. ported cores 417(q)(9) ...... Request approval to use gas containing H2S for instru- 4 requests ...... 2 hours 8 ment gas (on occasion). 1 417(q)(12) ...... Analyze produced water disposed of for H2S content & 8 production platforms × 52 2.8 hour 1,165 submit results to MMS (on occasion, apprx. weekly). = 416. (rounded) Reporting Subtotal ...... 2,413 Responses ...... 3,641 401(b)(1) ...... Check drilling unit safety device; record results (week- 138 drilling rigs × 52 = .1 hour 1 718 ly). 7,176. 404(a)(5), (6)...... Perform pressure-integrity & pore-pressure tests; 485 tests ...... 4 hours 1,455 record results of tests & hole-behavior observations (on occasion). 405(a), (b) ...... Perform casing pressure & production liner lap tests; 138 drilling rigs × apprx. 50 2 hours 13,800 record results (on occasion). per rig = 6,900. 407 tests; 407(h) ...... Perform BOP tests, actuations & inspections; record 138 drilling rigs × apprx. 35 6 hours 28,980 results; retain records 2 years following completion per rig = 4,830. (when installed; at a minimum every 14 days; as stated for components of drilling activity). 407(d)(5) test; 407(h) ...... Function test annulars and rams; document results 139 drilling rigs × appx. 20 .16 hour 1 445 (every 7 days between BOP tests-biweekly; note: per rig = 2,780. part of BOP test when conducted). 407(e) ...... Record reason for postponing BOP test (on occasion) 139 drilling rigs × 2 = 278 .. .1 hour 1 28 408(a)(3), (a)(4) ...... Perform well-control drills; record operations (weekly 138 drilling rigs × 104 = 1 hour 14,352 for 2 crews=104). 14,352. 409(f) ...... Test diverter sealing element, valves & control system 1,104 drilling operations × 2 hours 4,416 when installed & subsequent actuation; record re- 2 = 2,208. sults (on occasion; daily/weekly during drilling; aver- age 2 per drilling operation). 410(b), (c), (d) ...... Perform mud tests & calculations; post information; 135 drilling rigs × 52 = ...... 1.5 hours 10,530 record test data (on occasion, daily, weekly, quar- 7,020 3 drilling rigs × 365 = 1.5 hours 1 1,643 terly). 1,095. 413 ...... Maintain training records for lessee & drilling contractor Burden included in 1010±0078, 30 CFR 0 personnel. 250, subpart O 416(a), (g) ...... Maintain drilling & well records (annual recordkeeping) 1,138 wells ...... 1.5 hours 1,707 417(g)(2), (g)(5) ...... Conduct training; post safety instructions; document 62 facilities × 2 = 124 ...... 2 hours 248 training (on occasion; annual refresher). 417(h)(2) ...... Conduct drills & safety meetings; document attendance 62 facilities × 52 = 3,224 ... 1 hour 3,224 (weekly). 417(j)(8) ...... Test H2S detection & monitoring sensors during drill- 33 drilling rigs × 365 days 2 hours 24,090 ing; record testing & calibrations (apprx. 12 sensors = 12,045. per rig; on occasion, daily during drilling). 417(j)(8) ...... Test H2S detection & monitoring sensors during pro- 50 production platforms × 3.5 hours 4,550 duction; record testing & calibrations (apprx. 30 sen- 26 weeks = 1,300. sors on 5 platforms + apprx. 42 sensors on 23 plat- forms; every 14 days). Recordkeeping Subtotal ...... 130 Recordkeepers ...... 110,186 TOTAL HOUR BUR- ...... 2,543 Responses/Record- ...... 113,827 DEN. keepers. 1 Rounded.

Comments: The PRA (44 U.S.C. 3501, required to respond to, a collection of Section 3506(c)(2)(A) of the PRA et seq.) provides that an agency may not information unless it displays a requires each agency ‘‘* * * to provide conduct or sponsor, and a person is not currently valid OMB control number. notice * * * and otherwise consult

VerDate 112000 17:58 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\25JYN1.SGM pfrm08 PsN: 25JYN1 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Notices 45797 with members of the public and affected DEPARTMENT OF THE INTERIOR Valuation Division, P.O. Box 25165, MS agencies concerning each proposed 3152, Denver, Colorado 80225–0165. collection of information * * *’’ Minerals Management Service SUPPLEMENTARY INFORMATION: On August Agencies must specifically solicit RIN 1010±AB57 comments to: (a) Evaluate whether the 10, 1999, MMS published a final rule, titled ‘‘Amendments to Gas Valuation proposed collection of information is Major Portion Prices and Due Dates for necessary for the agency to perform its Additional Royalty Payments on Indian Regulations for Indian Leases,’’ with an duties, including whether the Gas Production in Designated Areas effective date of January 1, 2000 (64 FR information is useful; (b) evaluate the Not Associated with an Index Zone 43506). The gas regulations apply to all accuracy of the agency’s estimate of the gas produced from Indian (tribal or burden of the proposed collection of AGENCY: Minerals Management Service allotted) oil and gas leases (except leases information; (c) enhance the quality, (MMS), Interior. on the Osage Indian Reservation). usefulness, and clarity of the ACTION: Notice of major portion prices. The rule requires that MMS publish information to be collected; and (d) major portion prices for each designated minimize the burden on the SUMMARY: Final regulations for valuing area not associated with an index zone respondents, including the use of gas produced from Indian leases, for each production month beginning automated collection techniques or published on August 10, 1999, require other forms of information technology. MMS to determine major portion values January 2000 along with a due date for If you wish to comment in response and notify industry by publishing the additional royalty payments. See 30 to this notice, send your comments values in the Federal Register. The CFR 206.174(a)(4)(ii) (64 FR 43520, directly to the offices listed under the regulations also require MMS to publish August 10, 1999). If additional royalties ADDRESSES section of this notice. The a due date for industry to pay additional are due based on a published major OMB has up to 60 days to approve or royalty based on the major portion portion price, the lessee must submit an disapprove the information collection value. This notice provides the major amended Form MMS–2014, Report of but may respond after 30 days. portion values and due dates for January Sales and Royalty Remittance, to MMS Therefore, to ensure maximum and February 2000 production months. by the due date. If additional royalties consideration, OMB should receive EFFECTIVE DATES: January 1, 2000. are not paid by the due date, late public comments by August 24, 2000. ADDRESSES: See FOR FURTHER payment interest under 30 CFR 218.54 MMS Information Collection INFORMATION CONTACT section below. (1999) will accrue from the due date Clearance Officer: Jo Ann Lauterbach, until payment is made and an amended (202) 208–7744). FOR FURTHER INFORMATION CONTACT: John Barder, Royalty Valuation Division, Form MMS–2014 is received. The table Dated: July 5, 2000. MMS; telephone, (303) 275–7234; FAX, below lists the major portion prices for E.P. Danenberger, (303) 275–7227; E-mail, all designated areas not associated with Chief, Engineering and Operations Division. [email protected]; mailing address, an index zone and the due date for [FR Doc. 00–18805 Filed 7–24–00; 8:45 am] Minerals Management Service, Royalty payment of additional royalties. BILLING CODE 4310±MR±P Management Program, Royalty GAS MAJOR PORTION PRICES FOR JANUARY AND FEBRUARY 2000 AND DUE DATES FOR DESIGNATED AREAS NOT ASSOCIATED WITH AN INDEX ZONE

MMS-Designated Areas January 2000 February 2000 Due Date

Blackfeet Reservation ...... $1.73/MMBtu $1.68/MMBtu 08/31/2000 Fort Belknap ...... 3.72/MMBtu 3.81/MMBtu 08/31/2000 Fort Berthold ...... 0.87/MMBtu 1.00/MMBtu 08/31/2000 Fort Peck Reservation ...... 1.47/MMBtu 1.67/MMBtu 08/31/2000 Navajo Allotted Leases in the Navajo Reservation ...... 2.20/MMBtu 2.45/MMBtu 08/31/2000 Rocky Boys Reservation ...... 1.64/MMBtu 1.84/MMBtu 08/31/2000 Turtle Mountain Reservation ...... 1.27/MMBtu 1.27/MMBtu 08/31/2000 Ute Allotted Leases in the Uintah and Ouray Reservation ...... 2.18/MMBtu 2.38/MMBtu 08/31/2000 Ute Tribal Leases in the Uintah and Ouray Reservation ...... 2.18/MMBtu 2.38/MMBtu 08/31/2000

For information on how to report DEPARTMENT OF THE INTERIOR National Register, National Park Service, additional royalties due to major portion 1849 C St. NW, NC400, Washington, DC prices, please refer to our Dear Payor National Park Service 20240. Written comments should be letter dated December 1, 1999. submitted by August 9, 2000. National Register of Historic Places; Dated: July 19, 2000. Notification of Pending Nominations Patrick W. Andrus, Lucy Querques Denett, Acting Keeper of the National Register. Associate Director for Royalty Management. Nominations for the following ARKANSAS [FR Doc. 00–18694 Filed 7–24–00; 8:45 am] properties being considered for listing BILLING CODE 4310±MR±P in the National Register were received Pulaski County by the National Park Service before July 15, 2000. Pursuant to § 60.13 of 36 CFR Park Hill Historic District, Roughly part 60 written comments concerning bounded by Plainview Circle, the significance of these properties Crestview Blvd., Ridge St. and H Ave., under the National Register criteria for Pulaski, 00000935 evaluation may be forwarded to the

VerDate 112000 10:42 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\25JYN1.SGM pfrm04 PsN: 25JYN1 45798 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Notices

COLORADO Winnebago County Woodland Ave., 31st to 35th Sts., Des Larimer County Brown, William, Building, 226–228 S. Moines, 00000932 Main St., Rockford, 00000946 Veneman’s Bungalow Court Historic First National Bank Building, 3728 District, (Bungalow, The, and Square Cleveland Ave., Wellington, 00000937 Illinois National Guard Armory, 605 N. Main St., Rockford, 00000948 House—Des Moines Residential Prowers County Growth and Development MPS) IOWA 1101–115 Droukas Court, 1228, 1232 Petticrew Stage Stop, Address Adams County E. 12th St., Des Moines, 00000929 Restricted, Lamar, 00000936 Woodland Place Historic District, CONNECTICUT Odell, Noah, House, 1245 240th St., (Bungalow, The, and Square House— Nodaway, 00000917 Des Moines Residential Growth and Fairfield County Allamakee County Development MPS) 25th to 27th St. to Norwalk Lock Company Factory, 18 Woodland Ave., De Moines, 00000927 Marshall St., Norwalk, 00000939 Turner Hall, 119 E. Greene St., Postville, 00000921 Tama County Litchfield County Cedar County Conant’s Cabin and Park, IA 96, 3 mi. Rye House, 122–132 Old Mount Tom W of Gladbrook, Gladbrook, 00000920 Rd., Litchfield, 00000940 Kreinbring Phillips 66 Gas Station, 200 Main St., Lowden, 00000933 Wapello County Tolland County Clinton County Dahlonega School #1, Cty. Rd. H25, 2 Eldredge Mills Archeological District, mi. NE of Ottumwa, Ottumwa, Address Restricted, Willington, Helvig—Olson Farm Historic District, 00000934 00000938 (Norwegian Related Resources of Olive Township, Clinton County, Woodbury County FLORIDA Iowa MPS) 2008 260th St., Grand Bruguier, Theophile, Cabin, Riverside St. Lucie County Mound, 00000924 Park, Sioux City, 00000918 St. Anastasia Catholic School, Old, 910 Johnson, George, House, (Norwegian New Orpheum Theatre, 520–28 Pierce Orange Ave., Fort Pierce, 00000941 Related Resources of Olive Township, St., Sioux City, 00000919 Clinton County, Iowa MPS) 2566 ILLINOIS 190th Ave., Calamus, 00000923 KENTUCKY Cook County Kvindherred Lutheran Church, School Boone County and Cemetery, (Norwegian Related American State Bank, 6801 Cermak Rd., Resources of Olive Township, Clinton Blankenbecker—Riley Farm, (Boone Berwyn, 00000951 County, Iowa MPS) 2589 190th Ave., County, Kentucky MPS) 2788 Buckingham Building, 59–67 E. Van Calamus, 00000922 Hathaway Rd., Union, 00000907 Buren St., Chicago, 00000942 Chamber, Robert, House, (Boone Noble-Seymour-Crippen House, 5622– Johnson County County, Kentucky MPS) 118 5624 N. Newark Ave., Chicago, Bethel AME Church, 411 S. Governor Chambers Rd., Walton, 00000906 00000950 St., Iowa City, 00000925 Chambers, C. Scott, House and Funeral Lake County Parlor, (Boone County, Kentucky Linn County MPS) 111 N. Main St., Walton, Leonard, Clifford Milton, Farm, 550, Second and Third Avenue Historic 00000911 561, 565, 570, 575, 579 Hathaway District, (Cedar Rapids, Iowa MPS) Clore, Jonas, Log House, (Boone County, Circle, Lake Forest, 00000944 1400 to 1800 blks of Second Ave. SE Kentucky MPS) 9293 E. Bend Rd., Morse, Robert Hosmer, House, 1301 and Third Ave. SE, Cedar Rapids, Burlington, 00000910 Knollwood Circle, Lake Forest, 00000926 George—Vest House, (Boone County, 00000947 Kentucky MPS) 13815 Walton-Verona Polk County Morgan County Rd., Verona, 00000913 Goddard Bungalow Court Historic Glore, William Milburn, House, (Boone Jacksonville Public Library, (Illinois District, (Bungalow, The, and Square County, Kentucky MPS) 11682 Big Carnegie Libraries MPS) 201 W. House—Des Moines Residential Bone-Union Rd., Union, 00000904 College Ave., Jacksonville, 00000953 Growth and Development MPS) 1410– Goodridge, Virginia Corey, House, Perry County 21 Goddard Court, 1232 14th St., Des (Boone County, Kentucky MPS) 259 Perry County Jail, 108 W. Jackson St., Moines, 00000930 Main St., Florence, 00000902 Pickneyville, 00000943 Ingersoll Place Plat Historic District, Gregory, Peter, House, (Boone County, (Bungalow, The, and Square House— Kentucky MPS) 5063 Beaver Rd., Sangamon County Des Moines Residential Growth and Union, 00000905 Bretz, John F., House and Warehouse, Development MPS) 28th St., Linden Huey, Thomas, Farm, (Boone County, 113 N. Fifth St., Springfield, and High Sts., Des Moines, 00000931 Kentucky MPS) 10492 Big Bone Rd., 00000945 Kingman Place Historic District, Union, 00000900 (Bungalow, The, and Square House— Jenkins—Berkshire House, (Boone Shelby County Des Moines Residential Growth and County, Kentucky MPS) 6529 Mill St., Clarksburg Schoolhouse, Clarksburg Rd. Development MPS) 27th to 31st Sts., Petersburg, 00000908 1 mi. E of Cty Rd. 800 N/2025 E, Kingman Blvd., Rutland St. and Rogers, Boone Fowler, Barn, (Boone Clarksburg, 00000952 Cottage Ave., Des Moines, 00000928 County, Kentucky MPS) 5394 Middlesex Plat Historic District, Belleview Rd., Petersburg, 00000901 Stephenson County (Bungalow, The, and Square House— Stevenson, Dr. John E., House, (Boone Ritzman, William, House, 10715 IL 26 Des Moines Residential Growth and County, Kentucky MPS) 3422 Beaver N, Orangeville, 00000949 Development MPS) Center St. to Rd., Union, 00000912

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Verona High School, (Boone County, PENNSYLVANIA DEPARTMENT OF THE INTERIOR Kentucky MPS) 14923 Walton— Erie County Verona Rd., Verona, 00000909 Bureau of Reclamation Williams, Caroline, Log House, (Boone Erie Trust Company Building, 1001 Coachella Canal Lining Project, County, Kentucky MPS) 3650 State St., Erie, 00000967 Coachella and Imperial Counties, Burlington Pike, Burlington, Fulton County California 00000903 Cold Spring Farm, 323 Lions Park Dr., AGENCY: Bureau of Reclamation, Jessamine County McConnellsburg, Todd, 00000966 Interior. Avon Stock Farm, 6289 Haroodsburg Greene County ACTION: Notice of Intent to update and Rd., Nicholasville, 00000954 revise the 1993 Draft Environmental Gordon, George W., Farm, 333 Mary MASSACHUSETTS Impact Statement (DEIS)/Draft Hoge Rd., 0.3 mi. SW of Gordon Hill, Environmental Impact Report (DEIR) Barnstable County Franklin, 00000965 and to prepare the Final Environmental West Dennis Graded School, 67 School Mercer County Impact Statement (FEIS)/Final St., Dennis, 00000957 Environmental Impact Report (FEIR) for Greenville Commercial Historic District, the lining of the Coachella Canal, Bristol County Centered on Main, Canal and Clinton Riverside and Imperial Counties, Sts., Greenville, 00000964 Buttonwood Park Historic District, California. WASHINGTON Kempton St., Rockdale Ave., SUMMARY: Pursuant to the National Hawthorne St. and Brownell Ave., Ferry County Environmental Policy Act (NEPA) of New Bedford, 00000915 Fairweather—Trevitt House, 645 1969, as amended, and the California Essex County Kaufman, Republic, 00000975 Environmental Quality Act (CEQA), the Bureau of Reclamation and the Rollins, John R., School, 451 Howard King County Coachella Valley Water District in St., Lawrence, 00000956 Colvos Store, 123rd Ave. SW and Cove conjunction with the State of California Middlesex County Rd., Vashon, 00000970 and the Metropolitan Water District of Southern California will update and Wilson, Henry, Shoe Shop, 181 W. Pirate (R-Class Sloop), 1010 Valley St., Seattle, 00000968 revise the 1993 DEIS/DEIR and prepare Central St., Natick, 00000955 a FEIS/FEIR to evaluate the Skykomish Historic Commercial environmental aspects associated with NEW JERSEY District, Railroad Ave., from 3rd St. to the proposed project to line 33.4 miles W of N 6th St., and part of Old Morris County of the Coachella Canal (canal) between Cascade Hwy., Skykomish, 00000974 Tempe Wick Road—Washington siphons 7 and 14 and siphons 15 and Steen, Helmer and Selma, House, 10924 32. Reduction of the seepage loss from Corners Historic District, Corey Ln., SW Cove Rd., Vashon, 00000976 Cemetery Rd., Tempe Wick, the canal would conserve approximately Trommald Building, 1523–1525 Cole 26,000 acre feet of water/year, which Kennaday, Leddell, and Jockey St., Enumclaw, 00000972 Hollow Rds., Harding, 00000959 would be made available to the San Luis Vashon Hardware Store, 17601 99th Rey Indian Tribe and Metropolitan Somerset County Ave. SW, Vashon, 00000971 Water District of Southern California Higginsville Road Bridges, (Metal Truss Pierce County and would help maintain the amount of Bridges in Somerset County MPS) Colorado River water available to Wilkeson Arch, WA 165, Church St. and California in accordance with the Higginsville Rd., at the South Branch Brierhill Blvd., Wilkeson, 00000973 of the Raritan River, Hillsborough, furtherance of implementing and 00000916 Spokane County achieving the goals of the ‘‘California Colorado River Water Use Plan.’’ The Maplewood, Burnt Hill Rd., at Rock Bump Block—Bellevue House— Brook, Mongomery, 00000960 allocation of the water conserved from Hawthorne Hotel, (Single Room the canal lining will be consistent with NEW YORK Occupancy Hotel’s in the Central federal law, and shall be determined by Business District of Spokane MPS) S Rensselaer County an agreement among the Metropolitan 206 Post St., Spokane, 00000977 Water District of Southern California, Blink Bonnie, 1368 Sunset Rd., Roosevelt Apartments, 524 W. Seventh the Imperial Irrigation District, the Palo Schodack, 00000958 Ave., Spokane, 00000969 Verde Irrigation District, the Coachella OHIO WISCONSIN Valley Water District, and the San Luis Rey settlement parties, reached after Columbiana County Dane County consultation with the United States Teegarden—Centennial Covered Bridge, West Main Street Historic District, Secretary of the Interior and the Director Eagleton Rd. T–761, 0.1 mi E of C– Roughly bounded by S. Fairchild St., of the California Department of Water 411, Salem, 00000961 W. Main St., S. Carroll St., and W. Resources. Doty St., Madison, 00000914 DATES: Cuyahoga County It is anticipated that the Revised Ozaukee County DEIS/DEIR will be completed during Olmsted Falls Depot, 25802 Garfield August–September, 2000. A Notice of Rd., Olmsted Falls, 00000963 Jahn, William F., Farmstead, 12112– Availability for this document will be 12116 N. Wauwatosa Rd., Mequon, published, and copies of the Revised Summit County 00000978 DEIS/DEIR will be circulated for a 60- Northfield Town Hall, 9546 Brandywine [FR Doc. 00–18689 Filed 7–24–00; 8:45 am] day review and comment period by the Rd., Northfield, 00000962 BILLING CODE 4310±70±P public and other agencies.

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FOR FURTHER INFORMATION CONTACT: Mr. it enters the irrigated area of the CVWD. injured or threatened with material Don Young, Assistant Area Manager, The canal was excavated through desert injury, or the establishment of an Yuma Area Office, Bureau of soils in the 1940’s and was placed in industry in the United States is Reclamation, 7301 Calle Agua Salida, operation as a partially lined and materially retarded, by reason of P.O. Box D, Yuma, Arizona 85366. unlined canal in 1948. imports from China, Korea, and the SUPPLEMENTARY INFORMATION: On The first 49-mile section of the canal, United Kingdom of desktop note November 17, 1988, Public Law 100– which runs through the sandy soil of the counters and scanners, provided for in 675 authorized the Secretary of the East Mesa, had especially high leakage; subheading 8472.90.9520 of the Interior to line the Coachella Canal or to consequently it was lined in 1980 to Harmonized Tariff Schedule of the recover seepage from the canal using conserve water pursuant to Title I of the United States, that are alleged to be sold construction funds from California Colorado River Basin Salinity Control in the United States at less than fair water agencies entitled to the use of Act (Public Law 93–320). The canal was value. Unless the Department of Colorado River water. A DEIS/DEIR was ‘‘lined’’ by constructing a new canal Commerce extends the time for prepared for this project after public parallel to the existing canal and initiation pursuant to section scoping meetings were held in 1988, connecting the new canal to existing 732(c)(1)(B) of the Act (19 U.S.C. 1989 and 1992 to identify issues, concrete structures. The last 37 miles of 1673a(c)(1)(B)), the Commission must develop alternatives and provide the canal were lined when the canal was reach a preliminary determination in information to the public on the project originally constructed. antidumping investigations in 45 days, plan. In addition, Reclamation chaired The intervening section of canal was or in this case by August 31, 2000. The various interagency work groups to constructed in a mixture of gravel and Commission’s views are due at the evaluate project effects, develop clay soils. The rate of seepage from this Department of Commerce within five alternatives and identify mitigation section was not as high as in the first 49 business days thereafter, or by measures. Based upon this public/ miles, so lining was deferred. This September 8, 2000. agency input, four alternatives were section contains 33.4 miles of unlined For further information concerning developed for this project: (1) canal (between siphons 7 and 14 and the conduct of these investigations and Conventional lining, (2) underwater siphons 15 and 32) that are proposed for rules of general application, consult the lining, (3) construction of a parallel lining by this project. Between siphons Commission’s Rules of Practice and canal, and (4) the no action alternative. 14 and 15, the canal was lined Procedure, part 201, subparts A through The DEIS/DEIR for the project was experimentally in 1991. The length of E (19 CFR part 201), and part 207, completed and circulated to other unlined canal does not include the subparts A and B (19 CFR part 207). government agencies, interested parties, lengths of the pipe siphons (wash EFFECTIVE DATE: July 17, 2000. and the public for review and comment crossings and rail road crossings), which from January 11 to March 15, 1994. are not proposed for replacement. FOR FURTHER INFORMATION CONTACT: However, following the public Anyone interested in more Jozlyn Kalchthaler (202–205–3457), involvement process, the DEIS/DEIR information concerning the Coachella Office of Investigations, U.S. was not revised to produce a FEIS/FEIR Canal Lining Project should contact Mr. International Trade Commission, 500 E because funding was not available for Young as provided above. Street SW., Washington, DC 20436. the project. Dated: July 18, 2000. Hearing-impaired persons can obtain California has now provided Robert W. Johnson, information on this matter by contacting appropriated funds to finance the lining Regional Director. the Commission’s TDD terminal on 202– 205–1810. Persons with mobility of the remaining unlined portions of the [FR Doc. 00–18707 Filed 7–24–00; 8:45 am] Coachella Branch of the All American impairments who will need special BILLING CODE 4310±MN±P Canal. The environmental analysis for assistance in gaining access to the this project will be updated to evaluate Commission should contact the Office the status of resources since the original of the Secretary at 202–205–2000. INTERNATIONAL TRADE DEIS/DEIR was prepared. Since the General information concerning the COMMISSION alternatives have not changed for this Commission may also be obtained by project, further scoping is not required. [Investigations Nos. 731±TA±885±887 accessing its internet server (http:// Substantive comments received during (Preliminary)] www.usitc.gov). the first public review of the document Desktop Note Counters and Scanners SUPPLEMENTARY INFORMATION: will be evaluated and incorporated into From China, Korea, and the United the revised DEIS/DEIR. The revised Background.—These investigations Kingdom DEIS/DEIR will be distributed to the are being instituted in response to a public and interested agencies/ AGENCY: United States International petition filed on July 17, 2000, by cooperators for a 60-day review and Trade Commission. Cummins-Allison Corp., Mt. Prospect, IL. comment period. A Notice of ACTION: Institution of antidumping Availability will be published when the investigations and scheduling of a Participation in the investigations and revised DEIS/DEIR is available for preliminary phase investigations. public service list.—Persons (other than public review and comment, and a petitioners) wishing to participate in the public hearing has been scheduled. SUMMARY: The Commission hereby gives investigations as parties must file an The Coachella Canal delivers an notice of the institution of an entry of appearance with the Secretary average of 300,000 acre-feet of Colorado investigation and commencement of to the Commission, as provided in River water each year to the Coachella preliminary phase antidumping sections 201.11 and 207.10 of the Valley Water District (CVWD), situated investigations Nos. 731–TA–885–887 Commission’s rules, not later than seven on the north end of the Salton Sea. The (Preliminary) under section 733(a) of the days after publication of this notice in canal begins at a turnout on the All Tariff Act of 1930 (19 U.S.C. 1673b(a)) the Federal Register. Industrial users American Canal near the international (the Act) to determine whether there is and (if the merchandise under boundary with Mexico and runs through a reasonable indication that an industry investigation is sold at the retail level) the desert, east of the Salton Sea, before in the United States is materially representative consumer organizations

VerDate 112000 16:48 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\25JYN1.SGM pfrm08 PsN: 25JYN1 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Notices 45801 have the right to appear as parties in In accordance with sections 201.16(c) Commission should contact the Office Commission antidumping and 207.3 of the rules, each document of the Secretary at 202–205–2000. investigations. The Secretary will filed by a party to the investigations General information concerning the prepare a public service list containing must be served on all other parties to Commission may also be obtained by the names and addresses of all persons, the investigations (as identified by accessing its internet server (http:// or their representatives, who are parties either the public or BPI service list), and www.usitc.gov). to these investigations upon the a certificate of service must be timely SUPPLEMENTARY INFORMATION: expiration of the period for filing entries filed. The Secretary will not accept a Background.—On February 3, 2000, of appearance. document for filing without a certificate the Commission determined that Limited disclosure of business of service. responses to its notice of institution of proprietary information (BPI) under an Authority: These investigations are being the subject five-year reviews were such administrative protective order (APO) conducted under authority of title VII of the that full reviews pursuant to section and BPI service list.—Pursuant to Tariff Act of 1930; this notice is published 751(c)(5) of the Act should proceed (65 section 207.7(a) of the Commission’s pursuant to section 207.12 of the FR 7890, February 16, 2000). A record rules, the Secretary will make BPI Commission’s rules. of the Commissioners’ votes, the gathered in these investigations Commission’s statement on adequacy, available to authorized applicants Issued: July 19, 2000. representing interested parties (as By order of the Commission. and any individual Commissioner’s defined in 19 U.S.C. 1677(9)) who are Donna R. Koehnke, statements are available from the Office parties to the investigations under the Secretary. of the Secretary and at the APO issued in the investigation, [FR Doc. 00–18733 Filed 7–24–00; 8:45 am] Commission’s web site. Participation in the reviews and provided that the application is made BILLING CODE 7020±02±P not later than seven days after the public service list.—Persons, including publication of this notice in the Federal industrial users of the subject Register. A separate service list will be INTERNATIONAL TRADE merchandise and, if the merchandise is maintained by the Secretary for those COMMISSION sold at the retail level, representative parties authorized to receive BPI under consumer organizations, wishing to [Investigations Nos. 731±TA±624±625 participate in these reviews as parties the APO. (Review)] Conference.—The Commission’s must file an entry of appearance with Director of Operations has scheduled a Helical Spring Lock Washers From the Secretary to the Commission, as conference in connection with these China and Taiwan provided in section 201.11 of the investigations for 9:30 a.m. on August 7, Commission’s rules, by 45 days after 2000, at the U.S. International Trade AGENCY: United States International publication of this notice. A party that Commission Building, 500 E Street SW., Trade Commission. filed a notice of appearance following Washington, DC. Parties wishing to ACTION: Scheduling of full five-year publication of the Commission’s notice participate in the conference should reviews concerning the antidumping of institution of the reviews need not contact Jozlyn Kalchthaler (202–205– duty orders on helical spring lock file an additional notice of appearance. 3457) not later than August 3, 2000, to washers from China and Taiwan. The Secretary will maintain a public arrange for their appearance. Parties in service list containing the names and SUMMARY: The Commission hereby gives support of the imposition of addresses of all persons, or their notice of the scheduling of full reviews antidumping duties in these representatives, who are parties to the pursuant to section 751(c)(5) of the investigations and parties in opposition reviews. Tariff Act of 1930 (19 U.S.C. 1675(c)(5)) to the imposition of such duties will Limited disclosure of business (the Act) to determine whether each be collectively allocated one hour proprietary information (BPI) under an revocation of the antidumping duty within which to make an oral administrative protective order (APO) orders on helical spring lock washers presentation at the conference. A and BPI service list.—Pursuant to nonparty who has testimony that may from China and Taiwan would be likely section 207.7(a) of the Commission’s aid the Commission’s deliberations may to lead to continuation or recurrence of rules, the Secretary will make BPI request permission to present a short material injury within a reasonably gathered in these reviews available to statement at the conference. foreseeable time. For further authorized applicants under the APO Written submissions.—As provided in information concerning the conduct of issued in the reviews, provided that the sections 201.8 and 207.15 of the these reviews and rules of general application is made by 45 days after Commission’s rules, any person may application, consult the Commission’s publication of this notice. Authorized submit to the Commission on or before Rules of Practice and Procedure, part applicants must represent interested August 10, 2000, a written brief 201, subparts A through E (19 CFR part parties, as defined by 19 U.S.C. 1677(9), containing information and arguments 201), and part 207, subparts A, D, E, and who are parties to the reviews. A party pertinent to the subject matter of the F (19 CFR part 207). granted access to BPI following investigations. Parties may file written EFFECTIVE DATE: July 11, 2000. publication of the Commission’s notice testimony in connection with their FOR FURTHER INFORMATION CONTACT: of institution of the reviews need not presentation at the conference no later Valerie Newkirk (202–205–3190), Office reapply for such access. A separate than three days before the conference. If of Investigations, U.S. International service list will be maintained by the briefs or written testimony contain BPI, Trade Commission, 500 E Street SW, Secretary for those parties authorized to they must conform with the Washington, DC 20436. Hearing- receive BPI under the APO. requirements of sections 201.6, 207.3, impaired persons can obtain Staff report.—The prehearing staff and 207.7 of the Commission’s rules. information on this matter by contacting report in the reviews will be placed in The Commission’s rules do not the Commission’s TDD terminal on 202– the nonpublic record on November 8, authorize filing of submissions with the 205–1810. Persons with mobility 2000, and a public version will be Secretary by facsimile or electronic impairments who will need special issued thereafter, pursuant to section means. assistance in gaining access to the 207.64 of the Commission’s rules.

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Hearing.—The Commission will hold submissions with the Secretary by complaint named five respondents: VIA a hearing in connection with the facsimile or electronic means. Technologies, Inc., of Taipei, Taiwan; reviews beginning at 9:30 a.m. on In accordance with sections 201.16(c) VIA Technologies, Inc., of Fremont, November 30, 2000, at the U.S. and 207.3 of the Commission’s rules, California; First International Computer, International Trade Commission each document filed by a party to the Inc., of Taipei, Taiwan; First Building. Requests to appear at the reviews must be served on all other International Computer of America, Inc., hearing should be filed in writing with parties to the reviews (as identified by of Fremont, California; and Everex the Secretary to the Commission on or either the public or BPI service list), and Systems, Inc., of Fremont, California. before November 21, 2000. A nonparty a certificate of service must be timely The complaint, as supplemented, who has testimony that may aid the filed. The Secretary will not accept a alleges violations of section 337 of the document for filing without a certificate Commission’s deliberations may request Tariff Act of 1930 in the importation of service. permission to present a short statement into the United States, the sale for at the hearing. All parties and Authority: These reviews are being importation, and/or the sale within the nonparties desiring to appear at the conducted under authority of title VII of the United States after importation of Tariff Act of 1930; this notice is published hearing and make oral presentations certain integrated circuit chipsets and should attend a prehearing conference pursuant to section 207.62 of the Commission’s rules. products containing same by reason of to be held at 9:30 a.m. on November 27, infringement of claims 1–3 and 15–16 of By order of the Commission. 2000, at the U.S. International Trade U.S. Letters Patent 5,333,276; claims 1– Issued: July 19, 2000. Commission Building. Oral testimony 4, 10, 15, 22, 27–30, 36–37, 44–45, and and written materials to be submitted at Donna R. Koehnke, 49 of U.S. Letters Patent 5,740,385; the public hearing are governed by Secretary. claims 1–12 and 28–48 of U.S. Letters sections 201.6(b)(2), 201.13(f), 207.24, [FR Doc. 00–18734 Filed 7–24–00; 8:45 am] Patent 5,581,782; and claims 1–31 of and 207.66 of the Commission’s rules. BILLING CODE 7020±02±P U.S. Letters Patent 5,548,733 (‘‘the ‘733 Parties must submit any request to patent’’). present a portion of their hearing testimony in camera no later than 7 INTERNATIONAL TRADE On June 5, 2000, complainant Intel days prior to the date of the hearing. COMMISSION moved to amend the complaint and notice of investigation by deleting Written submissions.—Each party to [Inv. No. 337±TA±428] claims 2–4, 7, 15–20, 22, 27–29, and 31 the reviews may submit a prehearing brief to the Commission. Prehearing Certain Integrated Circuit Chipsets, of the ‘733 patent. Motion Docket No. briefs must conform with the provisions Components Thereof and Products 428–14. There were no responses to the of section 207.65 of the Commission’s Containing Same; Notice of motion. rules; the deadline for filing is Commission Decision Not To Review On June 27, 2000, the ALJ issued an November 20, 2000. Parties may also file an Initial Determination Granting a ID (Order No. 14) granting Intel’s motion written testimony in connection with Motion To Terminate the Investigation to the extent that he permitted Intel to their presentation at the hearing, as as to Fifteen Claims of One Patent withdraw claims 2–4, 7, 15–20, 22, 27– provided in section 207.24 of the AGENCY: International Trade 29, and 31 of the ‘733 patent from the Commission’s rules, and posthearing Commission. investigation. No party petitioned for briefs, which must conform with the ACTION: Notice. review of the ID. provisions of section 207.67 of the The authority for the Commission’s Commission’s rules. The deadline for SUMMARY: Notice is hereby given that determination is contained in section filing posthearing briefs is December 11, the U.S. International Trade 337 of the Tariff Act of 1930, as 2000; witness testimony must be filed Commission has determined not to amended (19 U.S.C. 1337), and in no later than three days before the review the presiding administrative law section 210.42 of the Commission’s hearing. In addition, any person who judge’s (‘‘ALJ’s’’) initial determination has not entered an appearance as a party (‘‘ID’’) granting complainant’s motion Rules of Practice and Procedure (19 CFR to the reviews may submit a written for termination of the investigation as to 210.42). Copies of the ALJ’s ID and all statement of information pertinent to 15 claims of one patent at issue. other nonconfidential documents filed the subject of the reviews on or before FOR FURTHER INFORMATION CONTACT: Tim in connection with this investigation are December 11, 2000. On January 3, 2001, Yaworski, Office of the General Counsel, or will be available for inspection the Commission will make available to U.S. International Trade Commission, during official business hours (8:45 a.m. parties all information on which they 500 E Street, S.W., Washington, D.C. to 5:15 p.m.) In the Office of the have not had an opportunity to 20436, telephone (202) 205–3096. Secretary, U.S. International Trade comment. Parties may submit final Hearing-impaired persons are advised Commission, 500 E Street, S.W., comments on this information on or that information on this matter can be Washington, D.C. 20436, telephone 202– before January 5, 2001, but such final obtained by contacting the 205–2000. comments must not contain new factual Commission’s TDD terminal on 202– Issued: July 19, 2000. 205–1810. General information information and must otherwise comply By order of the Commission. with section 207.68 of the Commission’s concerning the Commission may also be rules. All written submissions must obtained by accessing its Internet server Donna R. Koehnke, conform with the provisions of section (http://www.usitc.gov). Secretary. 201.8 of the Commission’s rules; any SUPPLEMENTARY INFORMATION: The [FR Doc. 00–18735 Filed 7–24–00; 8:45 am] submissions that contain BPI must also Commission ordered the institution of BILLING CODE 7020±02±P conform with the requirements of this investigation on February 4, 2000, sections 201.6, 207.3, and 207.7 of the based on a complaint filed by Intel Commission’s rules. The Commission’s Corp. of Santa Clara, California rules do not authorize filing of (‘‘Intel’’). 65 FR 7059 (2000). The

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INTERNATIONAL TRADE notice of investigation by deleting the FOR FURTHER INFORMATION CONTACT: Mr. COMMISSION ‘‘385 patent. Motion Docket No. 428–12. Anthony Swoope, Administrator, Office The VIA and FIX respondents of Apprenticeship Training, Employer [Inv. No. 337±TA±428] responded separately to Intel’s motion. and Labor Services, Employment and Certain Integrated Circuit Chipsets, Both sets of respondents supported the Training Administration, U.S. Components Thereof and Products motion, provided certain documents Department of Labor, Room N–4649, Containing Same; Notice of currently in the confidential record of 200 Constitution Avenue, NW, Commission Decision Not To Review the investigation were made public. The Washington, D.C. 20210. Telephone: an Initial Determination Granting a Commission investigative attorney (202) 693–2806, x–149 (this is not a toll- Motion To Terminate the Investigation supported the motion unconditionally. free number). as to One Patent On June 20, 2000, the ALJ issued an Matters to be Considered: The agenda ID (Order No. 12) granting Intel’s motion will focus on the following topics: AGENCY: U.S. International Trade to the extent that he permitted Intel to (1) Reports on the Federal Committee Commission. withdraw the ‘‘385 patent from the on Registered Apprenticeship Work ACTION: Notice. investigation. No party petitioned for Groups review of the ID. SUMMARY: Notice is hereby given that The authority for the Commission’s Marketing the U.S. International Trade determination is contained in section Commission has determined not to Quality 337 of the Tariff Act of 1930, as review the presiding administrative law Diversity amended (19 U.S.C. 1337), and in judge’s (‘‘ALJ’s’’) initial determination section 210.42 of the Commission’s Resources/Data (‘‘ID’’) granting complainant’s motion Rules of Practice and Procedure (19 CFR Legislative for termination of the investigation as to one of four patents at issue. 210.42). Copies of the ALJ’s ID and all (2) Progress Report on Apprenticeship other nonconfidential documents filed FOR FURTHER INFORMATION CONTACT: Tim Training, Employer and Labor Services/ in connection with this investigation are Bureau of Apprenticeship and Training Yaworski, Esq., Office of the General or will be available for inspection Counsel, U.S. International Trade activities during official business hours (8:45 a.m. Commission, 500 E Street, S.W., to 5:15 p.m.) In the Office of the (3) Progress Report on National Washington, D.C. 20436, telephone Secretary, U.S. International Trade Association State and Territorial (202) 205–3096. Hearing-impaired Commission, 500 E Street, S.W., Apprenticeship Directors persons are advised that information on Washington, DC 20436, telephone 202– (4) Progress Report on National this matter can be obtained by 205–2000. Association of Government Labor contacting the Commission’s TDD Officials terminal on 202–205–1810. General Issued: July 19, 2000. information concerning the Commission By order of the Commission. (5) Progress Report on National Skill may also be obtained by accessing its Donna R. Koehnke, Standards Board Internet server (http://www.usitc.gov). Secretary. (6) Next Meeting Dates and Location SUPPLEMENTARY INFORMATION: The [FR Doc. 00–18736 Filed 7–24–00; 8:45 am] (7) Public Comment Commission ordered the institution of BILLING CODE 7020±02±P Status: Members of the public are this investigation on February 4, 2000, invited to attend the proceedings. based on a complaint filed by Intel Individuals with disabilities should Corp. of Santa Clara, California DEPARTMENT OF LABOR contact Marion Winters at (202) 219– (‘‘Intel’’). 65 FR 7059 (2000). The 5921 no later than August 8, 2000, if complaint named five respondents: VIA Employment and Training special accommodations are needed. Technologies, Inc., of Taipei, Taiwan; Administration Any member of the public who VIA Technologies, Inc., of Fremont, wishes to file written data or comments California (collectively, ‘‘VIA’’); First Public Meeting; Federal Committee on pertaining to the agenda may do so by International Computer, Inc., of Taipei, Registered Apprenticeship sending it to Mr. Anthony Swoope, Taiwan; First International Computer of Administrator, Office of Apprenticeship America, Inc., of Fremont California; AGENCY: Employment and Training Training, Employer and Labor Services, and Everex Systems, Inc., of Fremont, Administration, Labor. Employment and Training California (collectively, ‘‘FIC’’). The ACTION: Notice of meeting. complaint, as supplemented, alleges Administration, U.S. Department of violations of section 337 of the Tariff SUMMARY: Pursuant to section 10 of the Labor, Room N–4649, 200 Constitution Act of 1930 in the importation into the Federal Advisory Committee Act (Pub. Avenue, NW, Washington, D.C. 20210. United States, the sale for importation, L. 92–463; 5 U.S.C. APP. 1), notice is Such submissions should be sent by and/or the sale within the United States hereby given of a meeting of the Federal August 8, 2000, to be included in the after importation of certain integrated Committee on Registered record for the meeting. circuit chipsets and products containing Apprenticeship (FCRA). Any member of the public who same by reason of infringement of Time and Date: The meeting will wishes to speak at the meeting should claims 1–3 and 15–16 of U.S. Letters begin at 9:00 a.m. Thursday, August 17, indicate the nature of the intended Patent 5,333,276; claims 1–4, 10, 15, 22, 2000, and will continue until presentation and the amount of the time 27–30, 36–37, 44–45, and 49 of U.S. approximately 5 p.m. The meeting will needed by furnishing a written Letters Patent 5,740,385 (‘‘the ‘‘385 reconvene at 9:00 a.m. on Friday, statement to the Designated Federal patent’’); claims 1–12 and 28–48 of U.S. August 18, 2000, and will continue until Official by August 8, 2000. The Letters Patent 5,581,782; and claims 1– approximately 12 noon. chairperson will announce at the 31 of U.S. Letters Patent 5,548,733. Place: The Hilton Milwaukee Center, beginning of the meeting the extent to On June 5, 2000, complainant Intel 509 West Wisconsin Avenue, which time will permit the granting of moved to amend the complaint and Milwaukee, Wisconsin 53203. such request.

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Dated: Signed at Washington, D.C., this (Pub. L. 92–463, as amended), notice is Program: This meeting will review 19th day of July 2000. hereby given that the following applications for Fellowships in Film and Raymond L. Bramucci, meetings of the Humanities Panel will Theater, submitted to the Division of Research Programs at the May 1, 2000 Assistant Secretary of Employment and be held at the Old Post Office, 1100 deadline. Training. Pennsylvania Avenue, NW., 5. Date: August 7, 2000. [FR Doc. 00–18774 Filed 7–24–00; 8:45 am] Washington, DC 20506. Time: 8:30 a.m. to 5:00 p.m. BILLING CODE 4510±30±M FOR FURTHER INFORMATION CONTACT: Room: 315. Laura S. Nelson, Advisory Committee Program: This meeting will review Management Officer, National applications for Fellowships in anthropology NATIONAL ARCHIVES AND RECORDS Endowment for the Humanities, and Archaeology II, submitted to the Division ADMINISTRATION Washington, DC 20506; telephone (202) of Research Programs at the May 1, 2000 606–8322. Hearing-impaired individuals deadline. Renewal of Advisory Committee on are advised that information on this 6. Date: August 8, 2000. Presidential Libraries matter may be obtained by contacting Time: 8:30 a.m. to 5:00 p.m. Room: 415. This notice is published in the Endowment’s TDD terminal on (202) Program: This meeting will review accordance with the provisions of 606–8282. applications for Fellowships in History of Art section 9(a)(2) of the Federal Advisory SUPPLEMENTARY INFORMATION: The and Architecture, submitted to the Division Committee Act (Pub. L. 92–463, 5 proposed meetings are for the purpose of Research Programs at the May 1, 2000 U.S.C., App.) and advises of the renewal of panel review, discussion, evaluation deadline. of the National Archives and Records and recommendation on applications 7. Date: August 9, 2000. Administration’s (NARA) Advisory for financial assistance under the Time: 8:30 a.m. to 5:00 p.m. Committee on Presidential Libraries. In National Foundation on the Arts and the Room: 315. Program: This meeting will review accordance with Office of Management Humanities Act of 1965, as amended, including discussion of information applications for Fellowships in Classical and and Budget (OMB) Circular A–135, Medieval Studies, submitted to the Division OMB approved the inclusion of the given in confidence to the agency by the of Research Programs at the May 1, 2000 Advisory Committee on Presidential grant applicants. Because the proposed deadline. Libraries in NARA’s ceiling of meetings will consider information that 8. Date: August 10, 2000. discretionary advisory committees. The is likely to disclose trade secrets and Time: 8:30 a.m. to 5:00 p.m. Committee Management Secretariat, commercial or financial information Room: 315. General Services Administration, also obtained from a person and privileged Program: This meeting will review concurred with the renewal of the or confidential and/or information of a applications for Fellowships in African, Near Advisory Committee on Presidential personal nature the disclosure of which Eastern, and Asian Studies, submitted to the Libraries in correspondence dated July would constitute a clearly unwarranted Division of Research Programs at the May 1, 2000 deadline. 10, 2000. invasion of personal privacy, pursuant NARA has determined that the to authority granted me by the 9. Date: August 10, 2000. renewal of the Advisory Committee is in Chairman’s Delegation of Authority to Time: 8:30 a.m. to 5:00 p.m. Close Advisory Committee meetings, Room: 415. the public interest due to the expertise Program: This meeting will review and valuable advice the Committee dated July 19, 1993, I have determined applications for Fellowships in Sociology, members provide on issues affecting the that these meetings will be closed to the Psychology, and Education, submitted to the functioning of existing Presidential public pursuant to subsections (c) (4), Division of Research Programs at the May 1, libraries and library programs and the and (6) of section 552b of Title 5, United 2000 deadline. development of future Presidential States Code. 10. Date: August 11, 2000. libraries. NARA will use the 1. Date: August 1, 2000. Time: 8:30 a.m. to 5:00 p.m. Committee’s recommendations in its Time: 8:30 a.m. to 5:00 p.m. Room: 315. implementation of strategies for the Room: 315. Program: The meeting will review efficient operation of the Presidential Program: This meeting will review applications for Fellowships in American libraries. NARA’s Committee applications for Fellowships in Political Studies, submitted to the Division of Science, International Affairs, and Research Programs at the May 1, 2000 Management Officer is Mary Ann deadline. Hadyka. She can be reached at 301– Jurisprudence, submitted to the Division of Research Programs at the May 1, 2000 11. Date: August 14, 2000. 713–7360 x222. deadline. Time: 8:30 a.m. to 5:00 p.m. Dated: July 19, 2000. 2. Date: August 2, 2000. Room: 315. John W. Carlin, Time: 8:30 a.m. to 5:00 p.m. Program: This meeting will review applications for Fellowships in Germanic Archivist of the United States. Room: 315. Program: This meeting will review and Slavic Languages and Literatures, [FR Doc. 00–18738 Filed 7–24–00; 8:45 am] applications for Fellowships in American Comparative Literature, Literary Criticism BILLING CODE 7515±01±P and Latin American Literature, submitted to and Linguistics, submitted to the Division of the Division of Research Programs at the May Research Programs at the May 1, 2000 1, 2000 deadline. deadline. NATIONAL FOUNDATION ON THE 3. Date: August 3, 2000. 12. Date: August 15, 2000. ARTS AND THE HUMANITIES Time: 8:30 a.m. to 5:00 p.m. Time: 8:30 a.m. to 5:00 p.m. Room: 315. Room: 315. Meetings of Humanities Panel Program: This meeting will review Program: This meeting will review applications for Fellowships in Romance applications for Fellowships in American AGENCY: The National Endowment for Languages and Literatures, submitted to the Studies, Rhetoric, Communication and the Humanities. Division of Research Programs at the May 1, Media, submitted to the Division of Research ACTION: Notice of meetings. 2000 deadline. Programs at the May 1, 2000 deadline. 4. Date: August 4, 2000. 13. Date: August 16, 2000. SUMMARY: Pursuant to the provisions of Time: 8:30 a.m. to 5:00 p.m. Time: 8:30 a.m. to 5:00 p.m. the Federal Advisory Committee Act Room: 315. Room: 315.

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Program: This meeting will review (44 U.S.C. 3501 et seq.) (‘‘PRA’’), the estimate represents an increase of 800 applications for Fellowships in European Securities and Exchange Commission hours over the prior estimate of 5,000 History, submitted to the Division of (the ‘‘Commission’’) has submitted to hours. This increase in burden hours is Research Programs at the May 1, 2000 the Office of Management and Budget a attributable to an increase in the deadline. request for extension of the previously estimated number of funds from 2,500 14. Date: August 17, 2000. approved collection of information to 2,900. The estimate of average burden Time: 8:30 a.m. to 5:00 p.m. discussed below. Room: 315. hours is made solely for the purposes of Program: This meeting will review Rule 11a–3 Under the Investment the PRA, and is not derived from a applications for Fellowships in History of Art Company Act of 1940; Offers of comprehensive or even a representative and Architecture, submitted to the Division Exchange by Open-End Investment survey or study of the costs of of Research Programs at the May 1, 2000 Companies Other Than Separate Commission rules. deadline. Accounts Compliance with the collection of information requirements of rule 11a–3 Laura S. Nelson, Rule 11a–3 under the Investment is mandatory. Responses subject to the Advisory Committee Management Officer. Company Act of 1940 [17 CFR 270.11a– disclosure requirement of rule 11a–3 3] is an exemptive rule that permits [FR Doc. 00–18681 Filed 7–24–00; 8:45 am] will not be kept confidential. open-end investment companies BILLING CODE 7536±01±M Information subject to the recordkeeping (‘‘funds’’), other than insurance company separate accounts, and funds’ requirement and notice requirement of principal underwriters, to make certain rule 11a–3 is not submitted to the NORTHEAST DAIRY COMPACT Commission and, therefore, COMMISSION exchange offers to fund shareholders and shareholders of other funds in the confidentiality is not an issue. Notice of Meeting same group of investment companies. An agency may not conduct or The rule requires a fund, among other sponsor, and a person is not required to AGENCY: Northeast Dairy Compact things: (i) to disclose in its prospectus respond to, a collection of information Commission. and advertising literature the amount of unless it displays a currently valid ACTION: Notice of meeting. any administrative or redemption fee control number. imposed on an exchange transaction; (ii) General comments regarding the SUMMARY: The Compact Commission if the fund imposes an administrative above information should be directed to will hold its regular monthly meeting to fee on exchange transactions, other than the following persons: (i) Desk Officer consider matters relating to a nominal one, to maintain and preserve for the Securities and Exchange administration and enforcement of the records with respect to the actual costs Commission, Office of Information and price regulation, including the reports incurred in connection with exchanges Regulatory Affairs, Office of and recommendations of the for at least six years; and (iii) to give the Management and Budget, New Commission’s standing Committees. fund’s shareholders a sixty day notice of Executive Office Building, Washington, DATES: The meeting will begin at 10:30 a termination of an exchange offer or D.C. 20503; and (ii) Michael E. Bartell, a.m. on Wednesday, August 2, 2000. any material amendment to the terms of Associate Executive Director, Office of ADDRESSES: The meeting will be held at an exchange offer (unless the only Information Technology, Securities and The Centennial Inn, Concord, New material effect of an amendment is to Exchange Commission, 450 5th Street, Hampshire, I–93 S, Exit 14. reduce or eliminate an administrative N.W., Washington, D.C. 20549. FOR FURTHER INFORMATION CONTACT: fee, sales load or redemption fee payable Comments must be submitted to OMB Kenneth M. Becker, Executive Director, at the time of an exchange). within 30 days of this notice. Northeast Dairy Compact Commission, The rule’s requirements are designed Dated: July 18, 2000. 34 Barre Street, Suite 2, Montpelier, VT to protect investors against abuses 05602. Telephone (802) 229–1941. associated with exchange offers, to Jonathan G. Katz, provide fund shareholders with Secretary. Authority: 7 U.S.C. 7256. information necessary to evaluate [FR Doc. 00–18740 Filed 7–24–00; 8:45 am] Dated: July 19, 2000. exchange offers and certain material BILLING CODE 8010±01±M Kenneth M. Becker, changes in the terms of exchange offers, Executive Director. and to enable the Commission staff to [FR Doc. 00–18708 Filed 7–24–00; 8:45 am] monitor funds’ use of administrative SECURITIES AND EXCHANGE BILLING CODE 1650±01±P fees charged in connection with COMMISSION exchange transactions. It is estimated that approximately [Release No. 34±4052; File No. SR±CBOE± SECURITIES AND EXCHANGE 2,900 funds may choose to rely on the 00±16] COMMISSION rule, and each fund may spend one hour annually complying with the Self-Regulatory Organizations; Notice Submission for OMB Review; recordkeeping requirement and another of Filing and Order Granting Comment Request one hour annually complying with the Accelerated Approval to a Proposed notice requirement. The burdens Rule Change and Amendment No. 1 to Upon Written Request, Copies Available associated with the disclosure the Proposed Rule Change by the From: Securities and Exchange requirement of the rule are accounted Chicago Board Options Exchange, Inc. Commission, Office of Filings and for in the burdens associated with the Relating to an Increase in Narrow- Information Services, Washington, D.C. Based Index Option Position and 20549 Form N–1A registration statement for Extension: funds. The total annual burden Exercise Limits associated with the rule therefore, is Rule 11a–3, SEC File No. 270–321, OMB July 18, 2000. Control No. 3235–0358 limited to the recordkeeping and notice Notice is hereby given that, pursuant requirements under the rule, which is Pursuant to Section 19(b)(1) of the to the Paperwork Reduction Act of 1995 estimated to be 5,800 hours. This Securities Exchange Act of 1934

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(‘‘Act’’) 1 and Rule 19b–4 thereunder,2 proposed rule change and discussed any (3) S&P Health Care Index—12,000 notice is hereby given that on April 11, comments it received on the proposed contracts; 2000, the Chicago Board Options rule change. The text of these statements (4) S&P Insurance Index—9,000 Exchange, Inc. (‘‘CBOE’’ or ‘‘Exchange’’) may be examined at the places specified contracts; filed with the Securities and Exchange in Item III below. The CBOE has (5) S&P Retail Index—12,000 contracts; Commission (‘‘Commission’’) a prepared summaries, set forth in (6) S&P Transportation Index—12,000 proposed rule change to increase the Sections A, B, and C below, of the most contracts; position and exercise limits for narrow- significant aspects of such statements. (7) CBOE Automotive Index—12,000 based index options. The CBOE contracts; A. Self-Regulatory Organization’s amended its proposal on June 13, 2000.3 (8) CBOE Computer Software Index— Statement of the Purpose of, and The proposed rule change, as amended, 12,000 contracts; is described in Items I and II below, Statutory Basis for, the Proposed Rule (9) CBOE Gaming Index—12,000 which have been prepared by the Change contracts; Exchange. The Commission is 1. Purpose (10) CBOE Gold Index—15,000 publishing this notice and order to contracts; The CBOE proposes to amend CBOE solicit comments on the proposed rule (11) CBOE Internet Index—15,000 Rule 24.4A to increase the position and change and Amendment No. 1 from contracts; exercise limits for narrow-based interested persons and to approve the (12) CBOE Latin 15 Index—15,000 (industry) index options, which are proposal, as amended, on an accelerated contracts; subject to a three-tier position and basis. (13) CBOE Mexico Index—12,000 exercise limit determination.4 The contracts; I. Self-Regulatory Organization’s CBOE’s proposal, as amended, will Statement of the Terms of Substance of (14) CBOE Oil Index—15,000 contracts; make the CBOE’s position and exercise (15) CBOE Technology Index—15,000 the Proposed Rule Change limits for narrow-based index options contracts; The CBOE proposes to amend consistent with a recently approved (16) GSTI Hardware Index—12,000 Exchange Rule 24.4A, ‘‘Position Limits increase in position and exercise limits contracts; for Industry Index Options,’’ to increase for narrow-based index options listed on 5 (17) GSTI Internet Index—12,000 the position and exercise limits for the Phlx and Amex. Specifically, the contracts; narrow-based (industry) index options CBOE proposes to increase the position (18) GSTI Multimedia Networking to the levels currently in place for and exercise levels for narrow-based Index—12,000 contracts; industry index options listed on the index options from 9,000, 12,000 and (19) GSTI Services Index—12,000 Philadelphia Stock Exchange, Inc. 15,000 contracts to 18,000, 24,000 and contracts; (‘‘Phlx’’) and on the American Stock 31,500 contracts. The CBOE requests (20) GSTI Software Index—12,000 Exchange, Inc. (‘‘Amex’’). The text of the that the Commission approve the contracts; proposed rule change is available at the proposal on an accelerated basis to (21) DJUA Index—15,000 contracts; CBOE and at the Commission’s public allow for uniformity among the options (22) DJTA Index—15,000 contracts; reference room. exchanges with regard to position and (23) Dow Jones Internet Commerce exercise limits for narrow-based index Index—15,000 contracts; II. Self-Regulatory Organization’s options, which in turn should promote Statement of the Purpose of, and (24) Dow 10 Index—12,000 contracts; fair competition among the exchanges. and, Statutory Basis for, the Proposed Rule The CBOE believes that the possibility Change (25) GSTI Semiconductor Index—12,000 of investor confusion will be eliminated contracts. In its filing with the Commission, the in a trading environment with uniform CBOE included statements concerning position and exercise limits for industry In addition to providing regulatory the purpose of and basis for the index options. equality, the CBOE believes that an The CBOE notes that exercise limits increase in position and exercise limits for narrow-based index options is 1 15 U.S.C. 78s(b)(1). for narrow-based index options will 2 17 CFR 240.19b–4. continue to correspond to position appropriate for several reasons. First, 3 See letter from Mary L. Bender, Senior Vice limits, so that investors may exercise the the CBOE believes that increased President and Chief Regulatory Officer, Division of position and exercise limits for narrow- Regulatory Services, CBOE, to Joseph Corcoran, number of contracts set forth as the position limit during any five based index options may bring Division of Market Regulation (‘‘Division’’), additional depth and liquidity, in terms Commission, dated June 12, 2000 (‘‘Amendment consecutive business day period. of both volume and open interest, to No. 1’’). In Amendment No. 1, the CBOE revised As of April 3, 2000, the CBOE listed CBOE Rule 24.4A(a)(i) to provide that the position these index options classes without the following industry index options, limits for options on a narrow-based index will be: significantly increasing concerns with limits as shown: (1) 18,000 contracts if the CBOE determines, during regarding inter-market manipulations or the semi-annual review conducted pursuant to (1) S&P Banking Index—15,000 CBOE Rule 24.4A(a)(ii), that any single underlying disruptions of the index options or the stock accounted, on average, for 30% or more of the contracts; underlying component securities. index value during the 30-day period immediately (2) S&P Chemical Index—9,000 Second, the CBOE notes that the preceding the review; (2) 24,000 contracts if the contracts; CBOE determines, during its semiannual review, Commission recently approved rule that any single underlying stock accounted, on changes increasing the position and aveage, for 20% or more of the index value or that 4 CBOE Rule 24.5, ‘‘Exercise Limits,’’ provides exercise limits for standardized equity any five underlying stocks together accounted, on that the exercise limits for index options will be option contracts. 6 The Commission also average, for more than 50% of the index value, but equivalent to the position limits prescribed for that no single stock in the group accounted, on options with the nearest expiration date in CBOE approved the elimination of position average, for 30% or more of the index value during Rule 24.4 or 24.4A. the 30-day period immediately preceding the 5 See Securities Exchange Act Release No. 42132 6 See Securities Exchange Act Release No. 40875 review; or (3) 31,500 contracts if the CBOE (November 12, 1999), 64 FR 63837 (November 22, (December 31, 1998), 64 FR 1842 (January 12, 1999) determines that the conditions specified in (1) or (2) 1999) (order approving File Nos. SR-Amex 98–39 (order approving File Nos. SR–CBOE–98–25, SR– which would require the establishment of a lower and SR-Phlx–98–39) (‘‘Narrow-Based Index Option Amex–98–22, SR–PCX–98–33, and SR–Phlx–98– limit have not occurred. Order’’). 36).

VerDate 112000 10:42 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\25JYN1.SGM pfrm04 PsN: 25JYN1 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Notices 45807 and exercise limits for certain broad- C. Self-Regulatory Organization’s approved.11 Accordingly, the based index option contracts for a two- Statement on Comments on the Commission finds that the proposal will year pilot program.7 Given these recent Proposed Rule Change Received From help to assure fair competition among changes to various options exchanges’ Members, Participants, or Others exchange markets, consistent with the position and exercise limit rules, the No written comments were solicited Congressional findings in Section 12 CBOE believes that it is reasonable to or received with respect to the proposed 11A(a)(1)(C)(iii) of the Act. allow for corresponding changes to the rule change. Second, the Commission believes that position and exercise limits for narrow- increasing position and exercise limits III. Solicitation of Comments based index options. for narrow-based index options may Interested persons are invited to bring additional depth and liquidity, in Third, the CBOE notes that the submit written data, views, and terms of both volume and open interest, proposal, while increasing the position arguments concerning the foregoing, to these index options classes without limits for narrow-based index options, including whether the proposed rule is significantly increasing concerns continues to reflect the unique consistent with the Act. Persons making regarding intermarket manipulations or characteristics of each index option and written submissions should file six disruptions of the index options or the to maintain the structure of the current copies thereof with the Secretary, underlying component securities. three-tiered system. Specifically, under Securities and Exchange Commission, Third, increasing position and the proposal, as amended, the lowest 450 Fifth Street, N.W., Washington, D.C. exercise limits for narrow-based index proposed limit, 18,000 contracts, will 20549–0609. Copies of the submission, options should better serve the hedging apply to narrow-based index options in all subsequent amendments, all written needs of institutions that engage in which a single underlying stock statements with respect to the proposed trading strategies different from those accounted on average for 30% or more rule change that are filed with the covered under the index hedge of the index value during the 30–day Commission, and all written exemption policy. period immediately preceding the communications relating to the Fourth, the Commission notes that the proposal, while increasing the position Exchange’s semi-annual review of proposed rule change between the limits for narrow-based index options, industry index option position limits. A Commission and any person, other than continues to reflect the unique position limit of 24,000 contracts will those that may be withheld from the public in accordance with the characteristics of each index option and apply if: (i) Any single underlying stock to maintain the structure of the current accounted, on average, for 20% or more provisions of 5 U.S.C. 552, will be available for inspection and copying in three-tiered system. Specifically, under of the index value, or (ii) any five the proposal, as amended, the lowest underlying stocks together accounted, the Commission’s Public Reference Room. Copies of such filing will also be proposed limit, 18,000 contracts, will on average, for more than 50% of the apply to narrow-based index options in index value, but no single stock in the available for inspection and copying at the principal office of the CBOE. All which a single underlying stock group accounted, on average, for 30% or accounted for 30% or more of the index more of the index value, during the 30- submissions should refer to File No. SR–CBOE–00–16 and should be value during the 30-day period day period immediately preceding the submitted by August 15, 2000. immediately preceding the Exchange’s Exchange’s semi-annual review of semi-annual review of industry index industry index option position limits. IV. Commission’s Findings and Order option position limits. A position and The 31,500-contract limit will apply Granting Accelerated Approval of exercise limit of 24,000 contracts will only if the Exchange determines that the Proposed Rule Change apply if any single underlying stock above-specified conditions requiring The Commission finds that the accounted, on average, for 20% or more either the 18,000-contract limit or the proposal is consistent with the of the index value or any five 24,000-contract limit have not occurred. requirements of the Act.9 In particular, underlying stocks accounted, on the Commission finds the proposal is average, for more than 50% of the index 2. Statutory Basis consistent with Section 6(b)(5) 10 of the value, but no single stock in the group accounted, on average, for 30% or more The CBOE believes the proposed rule Act. Section 6(b)(5) requires, among of the index value during the 30-day change is consistent with and furthers other things, that the rules of an 8 exchange be designed to prevent period immediately preceding the the objectives of Section 6(b)(5) of the Exchange’s semi-annual review of Act in that it is designed to remove fraudulent and manipulative practices, to promote just and equitable principles industry index option position limits. impediments to a free and open market The 31,500-contract limit will apply and to protect investors and the public of trade, and to protect investors and the public interest. only if the Exchange determines that the interest. The Commission believes that the conditions requiring either the 18,000- B. Self-Regulatory Organization’s CBOE’s proposal to increase its position contract limit or the 24,000-contract 13 Statement on Burden on Competition and exercise limits for narrow-based limit have not occurred. index options is appropriate for several Fifth, the Commission believes that The CBOE does not believe that the reasons. First, the Commission notes financial requirements imposed by the proposed rule change will impose any that the proposal will increase the Exchange and by the Commission burden on competition that is necessary CBOE’s position and exercise limits for adequately address concerns that a or appropriate in furtherance of the narrow-based index options to the levels CBOE member or its customers may try purposes of the Act. adopted by the Phlx and the Amex, to maintain a large unhedged position in which the Commission previously a narrow-based index option. In this regard, the Commission notes that 7 See Securities Exchange Act Release Nos. 40969 (January 22, 1999), 64 FR 4911 (February 1, 1999) 9 In approving this rule change, the Commission (order approving File No. SR–CBOE–98–23); and has considered the proposed rule’s impact on 11 See Narrow-Based Index Option Order, supra 41011 (February 1, 1999), 64 FR 6405 (February 9, efficiency, competition, and capital formation. 15 note 5. 1999) (order approving File No. SR–Amex–98–38). U.S.C. 78c(f). 12 See 15 U.S.C. 78k–1(a)(1)(C)(iii). 8 15 U.S.C. 78f(b)(5). 10 15 U.S.C. 78f(b)(5). 13 See Amendment No. 1, supra note 3.

VerDate 112000 16:48 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\25JYN1.SGM pfrm08 PsN: 25JYN1 45808 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Notices current margin and risk-based haircut and deter attempted manipulation and (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 methodologies serve to limit the size of other trading abuses through the use of notice is hereby given that on June 14, positions that a CBOE member or its such illegal positions by market 2000, the New York Stock Exchange, customer may maintain.14 The CBOE participants.17 Inc. (the ‘‘Exchange’’ or the ‘‘NYSE’’) also has the authority under its rules to The Commission finds good cause to filed with the Securities and Exchange impose a higher margin requirement approve the proposed rule change and Commission the proposed rule change upon the member or member Amendment No. 1 prior to the thirtieth as described in Items I, II, and II below, organization when it determines that a day after the date of publication of which Items have been prepared by the higher requirement is warranted.15 notice of filing thereof in the Federal Exchange. The Commission is Monitoring accounts maintaining large Register. As discussed above, the publishing this notice to solicit positions should provide the Exchange proposed rule change, as amended, is comments on the proposed rule change with information necessary to determine identical to proposals by the Phlx and from interested persons and to approve whether to impose additional margin Amex that the Commission previously the proposal on an accelerated basis. and/or whether to assess capital charges approved.18 The Commission notes that I. Self-Regulatory Organization’s upon a member organization carrying no comments were received on either Statement of the Terms of Substance of the account. In addition, the the Phlx’s or Amex’s proposal. In the Proposed Rule Change Commission’s net capital rule, Rule addition, the Commission is not aware 15c3–1 under the Exchange Act, of any problems arising from the The Exchange is proposing to adopt imposes a capital charge on members to position and exercise limits approved in two interpretations under its rules to the extent of any margin deficiency the Phlx and Amex proposals. accommodate the trading of Celanese resulting from the higher margin Amendment No. 1 conforms CBOE’s AG (‘‘Celanese’’). Celanese listed on the requirement. The Commission also position and exercise limits for narrow- NYSE on October 25, 1999. notes that the Options Clearing based index options to the levels Celanese is a stock corporation Corporation will serve as the counter- adopted by the Phlx and Amex. incorporated under the laws of the party guarantor in every exchange- Accordingly, the Commission finds that, Federal Republic of Germany with a traded transaction. consistent with Sections 6(b) and single class of common stock—ordinary Sixth, the Commission notes that the 19(b)(2) of the Act, there is good cause shares, no par value (‘‘Ordinary index options and other types of index- to approve the proposal and Shares’’)—that trade on both the NYSE based derivatives (e.g., forwards and Amendment No. 1 to the proposal on an and the Frankfurt Stock Exchange, as swaps) are not subject to position and accelerated basis. well as on other exchanges around the exercise limits in the OTC market. The It is therefore ordered, pursuant to world. The register for the Ordinary Commission believes that increasing Section 19(b)(2) of the Act,19 that the Shares is administered by Deutsche position and exercise limits for narrow- proposed rule change (SR–CBOE–00– Bank AG, Celanese’s transfer agent and based index options will better allow 16), as amended, is hereby approved on registrar in Germany, and ChaseMellon the Exchange to compete with the OTC an accelerated basis. Shareholder Services, Celanese’s market. transfer agent and registrar in the United Finally, the absence of any discernible For the Commission, by the Division of States. Transactions in the Ordinary Market Regulation, pursuant to delegated manipulative problems for narrow- authority.20 Shares are cleared through the central clearing systems of both countries, The based index options at existing levels Jonathan G. Katz, leads the Commission to conclude that Depository Trust and Clearing Secretary. Corporation (‘‘DTCC’’) in the United the proposed increases are reasonable ¨ and that they can be safely [FR Doc. 00–18743 Filed 7–24–00; 8:45 am] States and Deutsche Borse Clearing in implemented.16 The Commission BILLING CODE 8010±01±M Germany. believes that the Exchange’s Although the Celanese Ordinary surveillance programs are adequate to Shares are issued by a German SECURITIES AND EXCHANGE detect and deter violations of position company, they have many COMMISSION and exercise limits, as well as to detect characteristics that are similar to shares [Release No. 34±43044; International Series of common stock issued by U.S. 14 In particular, Exchange Act Rule 15c3–1 Release No. 1228; File No. SR±NYSE±00± companies. For example, while most requires a capital change equal to the maximum 25] German stocks are in bearer form, potential loss on a broker-dealer’s aggregate index position over a +(¥) 10% market move. In addition, Celanese shares are in registered form, Self-Regulatory Organizations; Notice the same as U.S. shares. However, the the adoption of risk-based haircuts in 1997 resulted of Filing and Order Granting in significant increases in capital charges for form of the stock certificate will have unhedged options positions. See Securities Accelerated Approval of Proposed certain characteristics more similar to Exchange Act Release No. 38248 (February 6, 1997), Rule Change by New York Stock certificated shares of common stock of 62 FR 6474 (February 12, 1997) (adopting risk-based Exchange, Inc., Relating to the Trading haircuts). With regard to margin requirements, a German company than of a U.S. CBOE Rule 12.3 provides a customer margin of the Ordinary Shares of Celanese AG company. In addition, Celanese will pay requirement for an unhedged position in a listed narrow-based index option equal to the option July 17, 2000. dividends and call stockholder meetings premium plus 20% of the product of the current Pursuant to Section 19(b)(1) of the and conduct voting at such meetings index group value and the applicable index Securities Exchange Act of 1934, generally in accordance with German multiplier, reduced by any out-of-the-money practices. For these reasons, the account, with a minimum margin requirement equal to the option premium plus 10% of the 17 The Commission emphasizes that the Exchange Exchange proposes to adopt two product of the current index group value and the must closely monitor compliance with position and interpretations of its rules to applicable index multiplier. exercise limits and impose appropriate sanctions accommodate the listing and trading of 15 See CBOE Rule 12.10. for failures to comply with the Exchange’s position Celanese, similar to interpretations that 16 Telephone Conversation between Mary L. and exercise limit rules. 18 the Commission approved in 1998 to Bender, Senior Vice President and Chief Regulatory See Narrow-Based Index Option Order, supra Officer, Division of Regulatory Services, CBOE, and note 5. Joseph Corcoran, Division, Commission, on June 27, 19 15 U.S.C. 78s(b)(2). 1 15 U.S.C. 78s(b)(1). 2000. 20 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4.

VerDate 112000 17:13 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\25JYN1.SGM pfrm08 PsN: 25JYN1 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Notices 45809 accommodate the listing and trading of steel engraved and the form of longer appear on the list, then votes DaimlerChrysler 3: endorsement provides for German attributed to proxies submitted by them Certificates: The Frankfurt Stock registry. Otherwise, the printing and will be cancelled. If new holders appear, Exchange rules governing stock engraving requirements are met. The proxy materials will be mailed to them certificates are somewhat different than Exchange believes that these are by the Transfer Agent, in the case of the Exchange’s rules. This rule change relatively minor inconsistencies with registered owners, and by ADP, in the interprets Paragraph 502 of the current requirements. case of beneficial owners. Exchange’s Listed Company Manual Voting The shareholder lists can be updated (the ‘‘Manual’’) to accept the Celanese periodically up until the date of the certificates. Under German law, only stockholders meeting. If practicable, proxy materials Proxies: Celanese will solicit proxies who hold shares on the date of the will be mailed to any new holders. This in a manner that combines stockholders meeting are entitled to will be done on a best efforts basis. Such characteristics of both the German and vote. Accordingly, the record date for best efforts may include electronic U.S. markets. This rule change voting at a stockholder meeting is the notification and expedited delivery interprets Paragraphs 401.03 and 402 of meeting date. In contrast, Exchange service. The proxy materials will the Manual to accept Celanese’s rules require 10 days’ notice of a record describe voting procedures in detail. proposed proxy procedures. date and 30 days between record and Notices will be included advising of the meeting date. Celanese will modify its II. Self-Regulatory Organization’s automatic revocation of the proxy if the current practice to accommodate the Statement of the Purpose of, and holder sells stocks prior to the meeting. notice period in the United States. In Statutory Basis for, the Proposed Rule Finally, as a check and balance, the total Germany, there already are procedures Change vote cast in nominee name will not be to distribute preliminary agendas and permitted to exceed the total position so In its filing with the Commission, the other information to shareholders held. Exchange included statements approximately one month before the In addition, Celanese shareholders concerning the purpose of and basis for meeting. Celanese has agreed to prepare can vote in person at a shareholders’ the proposed rule change and discussed and mail stockholder meeting materials any comments it received on the meeting. Under German law, a approximately 45 days prior to its shareholder must give the company proposed rule change. The text of these meeting, permitting the solicitation of statements may be examined at the notice of his or her intent to vote in proxies in the United States in the person no later than three business days places specified in Item III below. The currently accepted time frame. The prior to the meeting, and the person Exchange has prepared summaries, set company also has agreed to give the must be a record holder on the meeting forth in Sections A, B and C below, of Exchange 10 days’ notice of the record date.5 the most significant aspects of such date. statements. The coincidence of the record and 2. Basis meeting date also raises the possibility A. Self-Regulatory Organization’s The basis under the Exchange Act for that a selling shareholder could give a Statement of the Purpose of, and this proposed rule change is the proxy and then sell the shares, with the Statutory Basis for, the Proposed Rule requirement under Section 6(b)(5) of the buyer also getting a proxy. This could Change Act, 6 that an exchange have rules that lead to double voting. In order to are designed to prevent fraudulent and 1. Purpose address this, both ChaseMellon manipulative acts and practices, to Shareholder Services as transfer agent The purpose of the proposed rule promote just and equitable principles of (the ‘‘Transfer Agent’’) and Automatic change is to provide two interpretations trade, to foster cooperation and under the Exchange’s rules to Data Processing (‘‘ADP’’), the proxy agent for most member organizations, coordination with persons engaged in accommodate the listing and trading of regulating, clearing, settling, processing Celanese. These interpretations pertain will institute procedures to monitor changes in the shareholder list between information with respect to, and to Celanese’s share certificates and facilitating transactions in securities, to voting procedures. As noted above, they the date the proxy material is originally mailed out and the date of the meeting. remove impediments to and perfect the are similar to interpretations that the mechanism of a free and open market Commission approved in 1998 with These procedures will be designed (i) To cancel the votes of persons who and a national market system, and, in respect to the listing of the ordinary general, to protect investors and the shares of DaimlerChrysler.4 submit proxies but sell their shares prior to the meeting date, and (ii) to facilitate public interest. Certificates voting by persons who purchase shares 5 after the time the proxy material is With respect to dividends, Celanese’s record The Celanese share certificates date also will be the date of the company’s annual conform in most respects to the mailed out, but before the meeting date. meeting (like most German companies, Celanese requirements in Paragraph 502 of the A purpose of the proposed rule change pays dividends annually). This will make it Manual. The only exceptions are that is to accept these procedures as being in impossible to trade the stock ‘‘ex-dividend’’ on the compliance with NYSE procedures. Exchange in the normal course. Accordingly, the the vignettes (pictures) are not fully Exchange will use its existing flexibility under Both the Transfer Agent and ADP will Exchange Rules 235 and 257 and Paragraph 703.02 3 See Securities Exchange Act Release No. 40597 produce shareholder lists on the day of the Manual to trade Celanese stock with ‘‘due (October 23, 1998), 63 FR 58435 (October 30, 1998). designated for mailing the proxy bills’’ for the period that the stock normally would 4 The Exchange anticipates developing and filing material (approximately 30–45 days trade ex-dividend. This is a process pursuant to with the Commission such generally applicable which the seller will receive the dividend, but is rules as are necessary to cover matters relating to prior to the meeting). The Transfer obligated to pay the dividend to the buyer of the the trading of ordinary shares of non-U.S. Agent’s list will reflect the names of shares. This process will be transparent to investors companies, thus making company specific rule registered holders and ADP’s list will since due bills net out in the clearing process. To filings such as this one unnecessary. Since Celanese reflect the names of beneficial owners. avoid any potential confusion as to the ‘‘ex- listed before the development work could be dividend date’’, the Exchange will endeavor to finalized, the Exchange is requesting this company- Prior to the meeting date, the Transfer transmit notices to member organizations well in specific approval, following the DaimlerChrysler Agent and ADP will each produce a advance of the dividend declaration date. model. current shareholder list. If holders no 6 15 U.S.C. 78f(b)(5).

VerDate 112000 10:42 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\25JYN1.SGM pfrm04 PsN: 25JYN1 45810 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Notices

B. Self-Regulatory Organization’s rule change is consistent with Section interpretations will help eliminate Statement on Burden on Competition 6(b)(5) of the Act in that it will remove uncertainty on the part of market The proposed rule change does not impediments to and perfect the participants. impose any burden on competition that mechanism of a free and open market, The Commission finds good cause for is not necessary or appropriate in and will protect investors and the approving the proposed rule change furtherance of the purposes of the public interest, by enabling the NYSE to prior to the thirtieth day after the date Exchange Act. serve as a market for shares of Celanese of publication of notice of filing in the (rather than American depositary Federal Register. These interpretations C. Self-Regulatory Organization’s receipts) while maintaining trading are substantially similar to the Statement on Comments on the standards that are substantially interpretations that permitted the Proposed Rule Change Received from equivalent to the NYSE’s existing trading of DaimlerChrysler, and the Members, Participants or Others standards. Commission finds that granting The Exchange has not solicited, and The Commission believes that it is accelerated approval to these changes does not intend to solicit, comments on reasonable for the NYSE to interpret the will eliminate uncertainty about the this proposed rule change. The Manual to accept the Celanese proxy status of Celanese shares.10 Exchange has not received any procedures. By mailing stockholder It Is Therefore Ordered, pursuant to 11 unsolicited written comments from meeting materials approximately 45 Section 19(b)(2) of the Act that the members or other interested parties. days prior to its annual meeting, proposed rule change (SR–NYSE–00– Celanese will give shareholders the 25) is hereby approved on an III. Solicitation of Comments same type of advance notification accelerated basis. Interested persons are invited to provided for in the Manual. Moreover, For the Commission, by the Division of submit written data, views and the Celanese proxy procedures will Market Regulation, pursuant to delegated arguments concerning the foregoing, cancel proxies for shares sold prior to authority.12 including whether the proposed rule the meeting, and will facilitate voting by Jonathan G. Katz, persons who purchase shares during the change is consistent with the Act. Secretary. Persons making written submissions month leading up to the meeting. In that way, the Exchange’s proxy procedures [FR Doc. 00–18741 Filed 7–24–00; 8:45 am] should file six copies thereof with the BILLING CODE 8010±01±M Secretary, Securities and Exchange regarding Celanese appear to be Commission, 450 Fifth Street, NW, substantially equivalent to the NYSE’s Washington, DC 20549–0609. Copies of existing standards, by permitting the SECURITIES AND EXCHANGE the submission, all subsequent votes cast at the annual meeting to COMMISSION amendments, all written statements accurately reflect the company’s with respect to the proposed rule shareholders at the time of the meeting. [Release No. 34±43049; File No. SR±PCX± 00±05] change that are filed with the Indeed, the Commission, approved a similar interpretation in 1998 to permit Commission, and all written Self-Regulatory Organizations; Notice communications relating to the the NYSE to trade ordinary shares of 8 of Filing of Proposed Rule Change by proposed rule change between the DaimlerChrysler, and the Commission approved a similar interpretation earlier the Pacific Exchange, Inc. Relating to Commission and any person, other than Its Automatic Execution System those that may be withheld from the this year to permit the NYSE to trade 9 public in accordance with the ordinary shares of UBS. July 18, 2000. provisions of 5 U.S.C. 552, will be The Commission notes that the Pursuant to Section 19(b)(1) of the available for inspection and coping in Exchange states that it anticipates Securities Exchange Act of 1934 the Commission’s Public Reference developing and filing generally (‘‘Act’’) 1 Rule 19b–4 thereunder,2 notice Section, 450 Fifth Street, NW, applicable rules related to the trading of is hereby given that on March 8, 2000, Washington, DC 20549. Copies of such ordinary shares of non-U.S. companies, the Pacific Exchange, Inc. (‘‘PCX’’ or filing will also be available for making this type of company-specific ‘‘Exchange’’) filed with the Securities inspection and coping at the principal rule filing unnecessary. The and Exchange Commission office of the Exchange. All submissions Commission supports that goal, and (‘‘Commission’’) the proposed rule should refer to File No. SR–NYSE–00– concurs that general rules are preferable change as described in Items I, II, and 25 and should be submitted by [insert to a series of company-specific III below, which Items have been date 21 days from the date of this exemptions. prepared by the Exchange. On June 27, The Exchange has requested that the publication]. 2000, PCX submitted Amendment No. 1 Commission approve the proposed rule to the proposed rule change.3 The IV. Commissions’s Findings and Order change prior to the thirtieth day after its Granting Accelerated Approval of publication in the Federal Register. The 10 The Commission notes, however, that the Proposed Rule Change Exchange notes that these Exchange has been trading ordinary shares of The Commission finds that the interpretations are the same as those Celanese since October 1999, but did not file this made in connection with the trading of proposed rule change until June 2000. The NYSE’s proposal to interpret the Manual Commission’s approval of this proposed rule to accommodate the listing and trading ordinary shares of DaimlerChrysler, and change is not retroactive. of Celanese shares is consistent with the the Exchange states that 11 15 U.S.C. 78s(b)(2). Act and the rules and regulations DaimlerChrysler shares have traded 12 17 CFR 200.30–3(a)(12). thereunder applicable to a national without difficulty on the Exchange since 1 15 U.S.C. 78s(b)(1). securities exchange.7 Specifically, the their first listing. The Exchange adds 2 17 CFR 240.19b–4. 3 Commission finds that the proposed that in light of the significant trading See letter from Michael Pierson, Vice President, interest in Celanese, these Regulatory Policy, PCX, to Gordon Fuller, Special Counsel, Division of Market Regulation, 7 In approving this rule, the Commission has Commission, dated June 26, 2000 (‘‘Amendment considered the proposed rule’s impact on 8 See note 3, supra. No. 1’’). In Amendment No. 1, PCX revised some efficiency, competition and capital formation. 15 9 See Securities Exchange Act Release No. 42785 of the text of the proposed rule and submitted this U.S.C. 78c(f). (May 15, 2000), 65 FR 33396 (May 23, 2000). revised text.

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Commission is publishing this notice to size for execution through Auto-Ex is and continuous basis to simultaneously solicit comments on the proposed rule fifty contracts. execute orders to buy and sell series for change, as amended, from interested (3) [(c)] The Options Floor Trading the account of the same beneficial persons. Committee may increase the size of holder. In making the determination of Auto-Ex eligible orders in one or more whether a member or person associated I. Self-Regulatory Organization’s classes of multiply traded equity with a member is using the Auto-Ex Statement of the Terms of Substance of options to the extent that other system to perform a market making the Proposed Rule Change exchanges permit such larger-size orders function, the Exchange will consider the The PCX proposes to allow broker- in multiply traded equity options of the following factors: the simultaneous or dealer orders to be eligible for automatic same class or classes to be entered into near-simultaneous entry of limit orders execution through the Exchange’s their own automated execution systems. to buy and sell the same option; and the Automatic Execution System (‘‘Auto- If the Options Floor Trading Committee entry of multiple limit orders at different Ex’’) on an issue-by-issue basis. The intends to increase the Auto-Ex order prices in the same option series. Exchange also proposes to adopt new size eligibility pursuant to this Rule, the (4) Effecting transactions that rules and procedures to establish means Exchange will notify the Securities and constitute manipulation as provided in of assuring better compliance with rules Exchange Commission pursuant to PCX Rule 4.6(a) and SEC Rule 10b–5. pertaining to the use of Auto-Ex. Below Section 19(b)(3)(A) of the Exchange Act. ø(d) Firms entering orders for is the text of the proposed rule change. (c) Order Entry Firm Registration. execution on Auto Ex may not divide Proposed new language is italicized; Participation in Auto-Ex as an Order them up in order to make their parts proposed deletions are in brackets. Entry Firm requires registration with the eligible for entry into Auto-Ex.¿ Exchange. Continued registration ø ¿ ¶5231 Automatic Execution System (e)–(k)— (d)–(j) —No change. depends upon the Order Entry Firm’s * * * * * Rule 6.87 initial and continuing compliance with ¶ 5151 Contract Made on Acceptance (a). Definitions. For purposes of Rule the following requirements: (1) execution of an Auto-Ex Order of Bid or Offer 6.87: Entry Firm Application Agreement with (1) The term ‘‘Auto-Ex’’ means the Rule 6.77 the Exchange; automated execution system feature of (2) compliance with all applicable All bids or offers made and accepted POETS that is owned and operated by PCX options trading rules and in accordance with the Rules shall the Exchange and that provides procedures; constitute binding contracts, subject to automated order execution and (3) written notice must be provided to applicable requirements of the reporting services for options. all Users regarding the proper use of Constitution and Rules of the Exchange (2) The term ‘‘User’’ means any Auto-Ex; and and the Rules of the Options Clearing person or firm that obtains electronic (4) maintenance of adequate Corporation. access to Auto-Ex through an Order procedures and controls that will permit Entry Firm. the Order Entry Firm to effectively Commentary: (3) The term ‘‘Order Entry Firm’’ monitor and supervise the entry of .01 Two Options Floor Officials may means a member organization of the electronic orders by all Users. Order nullify a transaction or adjust its terms Exchange that is registered as an Order Entry Firms must monitor and supervise if they determine the transaction to have Entry Firm for purposes of sending the entry of orders by Users to prevent been in violation of any of the orders to the Exchange for execution by the prohibited practices set forth in following: Auto-Ex. subsection (d). (a) Rule 6.73 (Manner of Bidding and (b) Eligible Orders. (d) Prohibited Practices. Prohibited Offering); (1) [(a)] [Only] Except as provided in practices include, but are not limited to, (b) Rule 6.75 (Priority of Bids and Subsection (A) below, only non-broker/ the following: Offers); dealer customer orders are eligible for (1) Entering an order for an account (c) Rule 6.56 (Transactions Outside execution on the Exchange’s Auto-Ex that is ineligible for execution on Auto- Order Book Official’s Last Quoted system [Automatic Execution System Ex pursuant to subsection (b), above: Range); (‘‘Auto-Ex’’)]. (2) Dividing an order involving a (d) Rule 6.76 (Priority on Split Price (A) The Options Floor Trading single investment decision into multiple Transactions); Committee (‘‘OFTC’’) may determine, on smaller lots for the purpose of meeting (e) Rule 6.86 (Trading Crowd Firm an issue-by-issue basis, to allow orders the order size requirements for Auto-Ex Disseminated Market Quotes); for the accounts of broker-dealers to be eligibility. Multiple orders to trade the (f) Rule 6.66(c) (Order Identification: executed on Auto-Ex, except for orders same series, multiple orders in the same Broker-Dealer Orders: Failure to identify for Market Makers or Specialists on an call class, or multiple orders in the same a broker-dealer order, provided that the exchange who are exempt from the put class entered within any 15-second transaction may be nullified or its terms provisions of Regulation T of the period for the account of the same may be adjusted only if the transaction Federal Reserve Board pursuant to beneficial owner will be presumed to be is for 20 contracts or less); Section 7(c)(2) of the Securities based on a single investment decision. (g) Rule 6.87 (Automatic Execution Exchange Act of 1934. For purposes of If multiple orders involving a single System). this Rule, the term ‘‘broker/dealer’’ investment decision have been entered * * * * * includes foreign broker/dealers. for automatic execution, only the first of (2) [(b)] The Options Floor Trading such orders that equals or add up to less II. Self-Regulatory Organization’s Committee shall determine the size of than the firm Auto-Ex size requirement Statement of the Purpose of, and orders that are eligible to be executed on will be entitled to an execution. Statutory Basis for, the Proposed Rule Auto-Ex. Although the order size (3) Entering orders via Auto-Ex to Change parameter may be changed on an issue- perform a market making function. No In its filing with the Commission, the by-issue basis by the Options Floor member or person associated with a PCX included statements concerning the Trading Committee, the maximum order member may use Auto-Ex on a regular purpose of and basis for the proposed

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The common prohibited practices and and C below, of the most significant Exchange proposes to codify these terms abuses of Auto-Ex.7 Proposed Rule aspects of such statements. in order to provide users of Auto-Ex 6.87(d) lists four prohibited uses of Auto-Ex: entering an order for an A. Self-Regulatory Organization’s with clear and precise definitions for account that is ineligible for execution Statement of the Purpose of, and terms used in Rule 6.87. on Auto-Ex; dividing an order involving Statutory Basis for, the Proposed Rule b. Eligible Orders. The Exchange a single investment decision into Change proposes to change its rules to allow broker-dealer orders to be executed, on multiple smaller lots for the purposes of 1. Purpose an issue-by-issue basis, on the meeting the order size requirements for The Commission approved the Exchange’s Auto-Ex system, subject to Auto-Ex eligibility, which includes Exchange’s Pacific Options Exchange the approval of the Options Floor entering multiple orders in the same call Trading System (‘‘POETS’’) on a pilot Trading Committee. The Exchange also class or put class for the account of the program basis in 1990 and on a proposes to allow market and same beneficial owner within the same permanent basis in 1993.4 POETS is marketable limit orders for the accounts 15-second period; entering orders via comprised of an options order routing of certain broker-dealers to be executed Auto-Ex to perform a market making system (‘‘ORS’’), an automatic and semi- via Auto-Ex, except for those orders for function; and effecting transactions that automatic execution system (‘‘Auto- Marker Makers or Specialists on an constitute manipulation as provided in 8 9 Ex’’), an on-line book system (‘‘Auto- exchange that are exempt from the PCX Rule 4.6(a) and Rule 10b–5 Book’’), and an automatic market quote provisions of Regulation T 5 pursuant to under the Act. A detailed explanation of update system (‘‘Auto-Quote’’). Section 7(c)(2) of the Act.6 The each prohibited practice follows. Currently, PCX Rule 6.87 allows only Exchange proposes this rule change to First, with regard to the type of orders non-broker-dealer customer orders to be remain competitive, and to improve the eligible for execution on Auto-Ex, the executed through the Exchange Auto-Ex efficiency by which orders for broker- Exchange proposes that all orders not system. The Exchange now proposes to dealers are currently executed. Further, eligible under subsection (b) or proposed Rule 6.87 be deemed permit broker-dealer orders to be the Exchange proposes this change to ineligible orders. The Exchange eligible for automatic execution through reduce the burden on Floor Brokers for proposes this rule change to clarify what Auto-Ex on an issue-by-issue basis and executing small market and marketable orders are eligible for execution on to establish means of assuring better limit orders. In addition, the Exchange compliance with rules pertaining to the Auto-Ex. proposes to renumber Rule 6.87(a) as Second, the Exchange proposes to use of Auto-Ex. Rule 6.87(b)(1) and Rules 6.87(b) and (c) a. Definitions. The Exchange proposes replace PCX Rule 6.87(d) with proposed as rules 6.87(b)(2) and (3). Rule 6.87(d)(2). Specifically, the several definitional changes to PCX Rule c. Order Entry Firm Registration. The 6.87 pertaining to Auto-Ex. Specifically, Exchange proposes to delete language Exchange proposes to add new Rule that currently states that ‘‘firms entering the Exchange proposes to add new rule 6.87(c) to require Order Entry Firms, as 6.87(a) to codify the terms ‘‘Auto-Ex,’’ orders for execution on Auto-Ex may defined in proposed Rule 6.87(a), to not divide them up in order to make ‘‘User,’’ and ‘‘Order Entry Firm.’’ First, register with the Exchange as a the Exchange proposes to define the their parts eligible for entry into Auto- condition of having access to Auto-Ex. Ex.’’ The Exchange proposes to replace term ‘‘Auto-Ex’’ to mean the automated Such registration will require that an execution system feature of POETS that Rule 6.87(d) with new Rule 6.87(d)(2), Order Entry Firm execute an Order which prohibits dividing an order is owned and operated by the Exchange Entry Firm Application Agreement with and that provides automated order involving a single investment decision the Exchange; comply with all into multiple smaller lots for the execution and reporting services for applicable PCX options trading rules options. Second, the Exchange proposes purposes of meeting the order size and procedures; provide written notice requirements of Auto-Ex eligibility. The to define the term ‘‘User’’ to mean any to all Users regarding proper use of person or firm that obtains electronic Exchange also proposes that multiple Auto-Ex; and maintain adequate orders to trade the same series entered access to Auto-Ex through an Order procedures and controls that will permit Entry Firm. Third, the Exchange within any fifteen-second period for the the Order Entry Firm to effectively account of the same beneficial owner monitor and supervise the entry of 4 See Securities Exchange Act Release No. 27633 will be presumed to be based on a single (January 18, 1990), 55 FR 2466 (January 24, 1990) electronic orders by all Users. The investment decision. The Exchange (approving POETS on a pilot basis); Securities Exchange proposes these rule changes to proposes this change to clarify its rules Exchange Act Release No. 32703 (July 30, 1993), 58 safeguard the use of Auto-Ex and to on unbundling. FR 42117 (August 6, 1993) (approving POETS on a obligate Order Entry Firms to inform permanent basis). The Auto-Ex system permits eligible market or marketable limit orders sent from and supervise Users to ensure 7 The codification of these prohibited practices is member firms to be executed automatically at the compliance with PCX Rules and not meant to be all-inclusive. displayed bid or offering price. Participating market procedures. The Exchange also proposes 8 PCX Rule 4.6 states that ‘‘[n]o member, member makers are designated as the contra side to each these changes to protect investors and firm or any participant therein shall effect or induce Auto-Ex order. Participating market makers are the purchase or sale or otherwise effect transactions assigned by Auto-Ex on a rotating basis, with the the public from changes in options in any security for the purpose of creating or first market maker selected at random from the list prices or markets caused by uses of inducing a false, misleading or artificial appearance of signed-on market makers. Automatic executions Auto-Ex that the Exchange believes are of activity in such security, or for the purpose of through Auto-Ex are currently available for public prohibited. unduly or improperly influencing the market price customer orders of twenty contracts or less (or in of such security, or for the purpose of making a certain issues, for fifty contracts or less) in all series price which does not reflect the true state of the of options traded on the Options Floor of the 5 12 CFR 200 et seq. market in such security.’’ Exchange. 6 15 U.S.C. 78g(c)(2). 9 17 CFR 240.10b–5.

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Third, with regard to entering Fifth, the Exchange proposes to C. Self-Regulatory Organization’s multiple orders in the same call class or codify, as a prohibited practice, Statement on Comments on the put class for the account of the same effecting transactions that constitute Proposed Rule Change Received From beneficial owner within the same 15- manipulation as provided in Rule 4.6(a) Members, Participants, or Others second period, the Exchange proposes and Rule 10b-5 under the Act. The that only the first of such orders that Exchange proposes this change to Written comments on the proposed equals or adds up to less than the firm prevent members or Users from using rule change were neither solicited nor Auto-Ex size requirement will be Auto-Ex to violate PCX and SEC rules received. entitled to execution. The Exchange and to protect investors and the public. III. Date of Effectiveness of the proposes this change in order to Finally, the Exchange proposes to Proposed Rule Change and Timing for specifically prohibit conduct that is in renumber rules 6.87(d) through (j) as Commission Action conflict with the purpose of Auto-Ex Rules 6.87(e) through (k). and would otherwise circumvent the e. Nullification of Orders. The Within 35 days of the date of prohibitions against unbundling. Exchange proposes to add subsection (g) publication of this notice in the Federal Fourth, the Exchange proposes to to Rule 6.77, Commentary .01. Register or within such longer period (i) codify language to prohibit Users from as the Commission may designate up to using Auto-Ex to perform Market Maker Currently, Rule 6.77, Commentary .01 allows two Options Floor Officials to 90 days of such date if it finds such functions. PCX Rule 6.32 defines a longer period to be appropriate and Market Maker as an individual who is nullify a transaction or adjust its terms if they determine the transaction to have publishes its reasons for so finding or registered with the Exchange for the 11 (ii) as to which the self-regulatory purpose of making transactions as been in violation of certain PCX rules. The Exchange proposes that if a organization consents, the Commission dealer-specialist on the Floor of the will: Exchange. With regard to entering transaction is in violation of Rule 6.87 (A) By order approve such proposed orders via Auto-Ex to perform a market regarding Automatic Execution, then rule change, or making function, the Exchange proposes two Floor Officials may nullify or adjust that no member or associated person of such transaction. The Exchange (B) Institute proceedings to determine a member may use Auto-Ex on a regular proposes this change to remain whether the proposed rule change and continuous basis to simultaneously consistent in its applicaiton of PCX should be disapproved. Rules and procedures. execute orders to buy and sell series for IV. Solicitation of Comments the account of the same beneficial 2. Statutory Basis holder. In making the determination of Interested persons are invited to whether a member or person is using The Exchange believes that the submit written data, views, and the Auto-Ex system to perform a market proposed rule change is consistent with arguments concerning the foregoing, making function, the Exchange will Section 6(b) 12 of the Act, in general, and including whether the proposed rule is consider the following factors: the furthers the objectives of Section consistent with the Act. Persons making simultaneous or near-simultaneous 6(b)(5),13 in that it is designed to written submissions should file six entry of limit orders to buy and sell the promote just and equitable principles of copies thereof with the Secretary, same option; and the entry of multiple trade, to enhance competition and to Securities and Exchange Commission, limit orders at different prices in the protect investors and the public interest. 450 Fifth Street, NW., Washington, DC same option series. The Exchange 20549–0609. Copies of the submission, B. Self-Regulatory Organization’s proposes this change to prohibit Users all subsequent amendments, all written Statement on Burden on Competition from acting as Market Makers through statements with respect to the proposed 10 the use of Auto-Ex. The Exchange does not believe that rule change that are filed with the the proposed rule change will impose Commission, and all written 10 See PCX Rules 6.88 (b) and 6.89(d)(3). PCX communications relating to the Rule 6.88(b) states that ‘‘[n]o Floor Broker may any burden on competition that is not knowingly use a Floor Broker Hand-Held Terminal, necessary or appropriate in furtherance proposed rule change between the on a regular and continuous basis, to of the purposes of the Act. Commission and any person, other than simultaneously represent orders to buy and sell those that may be withheld from the option contracts in the same series for the account public in accordance with the of the same beneficial holder. If the Exchange through the Exchange’s Member Firm Interface for determines that a person or entity has been sending, such period of time as the Exchange deems provisions of 5 U.S.C. 552, will be on a regular and continuous basis, orders to appropriate. Any system used by a Member to available for inspection and copying in simultaneously buy and sell option contracts in the operate a Terminal must be separate and distinct the Commission’s Public Reference same series for the account of the same beneficial from any system that may be used by a Member or Room. Copies of such filing will also be holder, the Exchange may prohibit orders for the any person associated with a Member in connection account of such person or entity from being sent with market making functions.’’ available for inspection and copying at through the Exchange’s member Firm Interface for 11 PCX Rule 6.77, Commentary .01 states that the principal office of the PCX. All such period of time as the Exchange deems ‘‘[t]wo Options Floor Officials may nullify a submissions should refer to File No. appropriate.’’ transaction or adjust its terms if they determine the SR–PCX–00–05 and should be transaction to have been in violation of any of the PCX Rule 6.89(d)(3) states that ‘‘[t]erminals may submitted by August 15, 2000. be used to receive brokerage orders only. Terminals following: (a) Rule 6.73 (Manner of Bidding and may not be used to perform a market making Offering); (b) Rule 6.75 (Priority of Bids and Offers); For the Commission, by the Division of function. No Member may knowingly use a (c) Rule 6.56 (Transactions Outside Order Book Official’s Last Quoted Range); (d) Rule 6.76 (Priority Market Regulation, pursuant to delegated Terminal on a regular and continuous basis to 14 simultaneously represent orders to buy and sell on Split Price Transactions); (e) Rule 6.86 (Trading authority. option contracts in the same series for the account Crowd Firm Disseminated Market Quotes); (f) Rule Jonathan G. Katz, of the same beneficial holder. If the Exchange 6.66(c) (Order Identification: Broker-Dealer Orders: determines that a person or entity has been sending, Failure to identify a broker-dealer order, provided Secretary. on a regular and continuous basis, orders to that the transaction may be nullified or its terms [FR Doc. 00–18742 Filed 7–24–00; 8:45 am] may be adjusted only if the transaction is for 20 simultaneously buy and sell option contracts in the BILLING CODE 8010±01±M same series for the account of the same beneficial contracts or less).’’ holder, the Exchange may prohibit orders for the 12 15 U.S.C. 78f. account of such person or entity from being sent 13 15 U.S.C. 78f(b)(5). 14 17 CFR 200.30–3(a)(12).

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SMALL BUSINESS ADMINISTRATION Dated: July 18, 2000. DEPARTMENT OF STATE Helena Kane Finn, [Public Notice No. 3346] National Small Business Development Acting Assistant Secretary for Educational Center Advisory Board; Notice of and Cultural Affairs, Department of State. Shipping Coordinating Committee Renewal of Charter [FR Doc. 00–18783 Filed 7–24–00; 8:45 am] Subcommittee on Safety of Life at Sea This notice is published in BILLING CODE 4710±08±P and Associated Bodies Working Group accordance with the provisions of the on Stability and Load Lines and on Federal Advisory Committee Act § 14(a), Fishing Vessels Safety; Notice of 5 U.S.C. App. 2 (1998) and advises of DEPARTMENT OF STATE Meeting the renewal of the U.S. Small Business The Working Group on Stability and Administration National Small Business [Public Notice 3369] Load Lines and on Fishing Vessels Development Center Advisory Board Safety of the Subcommittee on Safety of charter. Culturally Significant Objects Imported The Board will provide advice, Life at Sea will conduct an open for Exhibition Determinations: ``Silver meeting at 9:30 a.m. on Monday, August counsel and confer with the Associate in Ancient Peru'' Administrator, Office of Small Business 28, 2000, in Room 6319, at U.S. Coast Development Centers in carrying out Guard Headquarters, 2100 Second AGENCY: United States Department of Street, SW, Washington, DC 20593– her/his programmatic duties. The scope State. of the Board covers the entire SBDC 0001. This meeting will discuss the program. ACTION: Notice. upcoming 43rd Session of the For further information, please write Subcommittee on Stability and Load or call Ellen Thrasher, U. S. Small SUMMARY: Notice is hereby given of the Lines and on Fishing Vessels Safety Business Administration, 409 Third following determinations: Pursuant to (SLF) and associated bodies of the International Maritime Organization Street, SW., Fourth Floor, Washington, the authority vested in me by the Act of (IMO) which will be held on September DC 20416. Telephone number (202) October 19, 1965 (79 Stat. 985, 22 U.S.C. 11–15, 2000, at the IMO Headquarters in 205–6817. 2459), the Foreign Affairs Reform and London, England. Dated: Restructuring Act of 1998 (112 Stat. Items of discussion will include the Bettie Baca, 2681, et seq.), Delegation of Authority following: Counselor to the Administrator. No. 234 of October 1, 1999, and a. Review of results from 42nd Session [FR Doc. 00–18796 Filed 7–24–00; 8:45 am] Delegation of Authority No. 236 of of the SLF, BILLING CODE 8025±01±P October 19, 1999, as amended, I hereby b. Harmonization of damage stability determine that the object to be included provisions in the IMO instruments, in the exhibition ‘‘Silver in Ancient c. Revision of technical regulations of DEPARTMENT OF STATE Peru,’’ imported from abroad for the the 1966 International Load Line Convention, [Public Notice 3370] temporary exhibition without profit within the United States, is of cultural d. Development of the damage Culturally Significant Objects Imported significance. The object is imported consequence diagrams for inclusion for Exhibition Determinations: pursuant to a loan agreement with the in damage control plan guidelines, ``Painting Revolution: Kandinsky, foreign lender. I also determine that the and Malevich and the Russian Avant- exhibition or display of the exhibit e. Revisions to the Fishing Vessel Safety Garde'' object at the Metropolitan Museum of Code and Voluntary Guidelines. Members of the public may attend Art in New York from on or about AGENCY: United States Department of this meeting up to the seating capacity State. November 3, 2000 to on or about April of the room. Interested persons may 22, 2001, is in the national interest. ACTION: Amendment. seek information by writing: Mr. Paul Public Notice of these Determinations is Cojeen, U.S. Coast Guard Headquarters, SUMMARY: On January 12, 2000, Notice ordered to be published in the Federal Commandant (G–MSE–2), Room 1308, was published on page 1940 of the Register. 2100 Second Street, SW, Washington, Federal Register (Volume 65, Number 8) FOR FURTHER INFORMATION CONTACT: For DC 20593–0001 or by calling (202) 267– by the Department of State pursuant to 2988. Pub. L 89–259 relating to the exhibit further information, including a list of ‘‘Painting Revolution: Kandinsky, the exhibit object, contact Paul Dated: July 12, 2000. Malevich and the Russian Avant- Manning, Attorney-Adviser, Office of Stephen M. Miller, Garde.’’ The referenced Notice is the Legal Adviser, U.S. Department of Executive Secretary, Shipping Coordinating amended as follows. After ‘‘March 31, State (telephone: 202/619–5997). The Committee, Department of State. 2001,’’ insert the following additional address is U.S. Department of State, SA– [FR Doc. 00–18781 Filed 7–24–00; 8:45 am] venue: ‘‘and at the Bass Museum in 44, 301 4th Street, S.W., Room 700, BILLING CODE 4710±07±P Miami Beach, Florida from on or about Washington, DC 20547-0001. July 9, 2001, is in the national interest.’’ Dated: July 18, 2000. FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF TRANSPORTATION For Helena Kane Finn, further information, including a list of exhibit objects, contact Jacqueline Acting Assistant Secretary for Educational Office of the Secretary and Cultural Affairs, Department of State. Caldwell, Attorney-Adviser, Office of [Order 2000±7±23, Docket OST±00±7152] the Legal Adviser, U.S. Department of [FR Doc. 00–18782 Filed 7–24–00; 8:45 am] State (telephone: 202/619–6982). The BILLING CODE 4710±08±P Determination of Farwest Airlines, LLC address is U.S. Department of State, SA– AGENCY: Department of Transportation. 44, 301 4th Street, S.W., Room 700, ACTION: Notice of order to show cause. Washington, DC 20547–0001.

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SUMMARY: The Department of Room 815, Rockville, MD 20857; 301– periodically with the Federal agencies Transportation is directing all interested 443–6014; [email protected]. concerned with drug testing and attempt persons to show cause why it should SUPPLEMENTARY INFORMATION: On June to formulate consensus not issue an order finding that Farwest 15, 2000, the OMB’s Office of recommendations on electronic Airlines, LLC, is fit, willing, and able to Information and Regulatory Affairs technology as it relates to the DOT and provide scheduled passenger operations (OIRA) held a public meeting, attended HHS drug testing procedures. One of the as a commuter air carrier. by Federal agency and laboratory purposes of the meeting is to determine Responses: All interested persons representatives and other interested the interest of non-government parties wishing to respond to the Department of persons, to discuss how best to apply in participating in such a committee. Transportation’s tentative fitness electronic technology to the information The primary focus of this initiative determination should file their collection, transmission, and storage of has been drug testing. However, DOT responses with the Department of data connected with Federally- also has a parallel alcohol testing Transportation Dockets, 400 Seventh mandated drug testing programs. The program. Many of the issues we are Street, SW., Room PL–401, Washington, meeting was titled ‘‘The Paperless discussing also have relevance to the DC 20590, and serve them on all Laboratory,’’ though the subject matter alcohol testing program. DOT is persons listed in Attachment A to the was not limited to laboratory matters, as interested in using this meeting as a order. Responses shall be filed no later such. OMB, DOT, and HHS are very forum to discuss electronic alcohol than August 2, 2000. interested in moving forward in this testing information matters as well. FOR FURTHER INFORMATION CONTACT: area, and for this purpose we are If you are interested in attending, ´ Galvin Coımbre, Air Carrier Fitness convening a second public meeting. please fax or e-mail the following Division (X–56, Room 6401), U.S. The meeting will take place in the information to Lisa Jones, OIRA, at 202– Department of Transportation, 400 Truman Room of the White House 395–7245 or [email protected] by Seventh Street, SW., Washington, DC Conference Center on August 4, 2000, August 1, 2000. If you have any 20590, (202) 366–5347. from 9 a.m. to approximately 5 p.m. The questions concerning registration for the White House Conference Center is meeting, you may call 202–395–5898. Dated: July 19, 2000. located at 726 Jackson Place, NW., Full Name, Title, Organization, A. Bradley Mims, Washington, DC 20503. Lunch will be Telephone and fax numbers, E-mail Acting Assistant Secretary for Aviation and on your own. address, Special needs. International Affairs. The following is the tentative agenda Issued this 21st day of July, 2000, at [FR Doc. 00–18777 Filed 7–24–00; 8:45 am] for this meeting: Washington, DC. BILLING CODE 4710±08±P I. Overview and summary of the June 15 Mary Bernstein, meeting Director, Office of Drug and Alcohol Policy II. Objectives of the August 4 meeting and Compliance. DEPARTMENT OF TRANSPORTATION III. Procedure [FR Doc. 00–18905 Filed 7–24–00; 8:45 am] a. Scope Office of the Secretary b. Discussion of the Federal Advisory BILLING CODE 4910±62±U Committee Act (FACA) and its Electronic Drug Testing Information application to this subject matter Roundtable c. Discussion of organization of working DEPARTMENT OF TRANSPORTATION groups AGENCY: Office of the Secretary of d. Development of work plan and time line Office of the Secretary Transportation (OST), DOT. IV. Legal issues (presentation by Department Procedures for Transportation ACTION: Notice of public meeting. of Justice) a. Current status and future of laws related Workplace Drug and Alcohol Testing SUMMARY: The Department of to electronic records Programs b. Transmission of electronic records Transportation (DOT), Department of AGENCY: Office of the Secretary, DOT. Health and Human Services (HHS), and c. Admissibility in court d. Use in forensic programs ACTION: Notice. Office of Management and Budget V. Policy issues (OMB) are holding a public meeting on a. What process changes should be made? SUMMARY: This notice permits August 4, 2000, to foster further b. What information should be collected? employers regulated by the Department discussion of the application of c. Who should collect the information (e.g., of Transportation (DOT) to begin using electronic transmission, storage, and should employer/collector initiate an a new Federal Drug Testing Custody and signature of material concerned with the electronic custody and control form?) Control Form (CCF) as of August 1, DOT and HHS drug testing programs. d. To whom and in what form should 2000, provided they follow the reports be made? FOR FURTHER INFORMATION CONTACT: Ron VI. Technical issues procedures specified in this notice. Matzner, Office of Information and a. Interoperable interfaces Employers may also continue to use the Regulatory Affairs, New Executive b. Portal technology current seven-part CCF. The Substance Office Building, 750 17th Street, NW., c. Standards Abuse and Mental Health Services Washington, DC, 20503; 202–395–4856; VII. Security technical issues: encryption, Administration (SAMHSA), Department [email protected] : Don PKI, firewalls, biometrics, token of Health and Human Services (HHS) Shatinsky, Drug and Alcohol Policy technologies, etc. has revised the current CCF which has Advisor, Office of Drug and Alcohol VIII. Next steps a July 31, 2000, expiration date. The Policy and Compliance, DOT, 400 7th One of the ideas the Federal agencies Office of Management and Budget has Street, SW., Room 10403, Washington, involved are considering is forming a approved the use of the new Federal DC, 20590; 202–366–3784; formal advisory committee, under the CCF until July 31, 2003. Federal [email protected] : or Dr. Federal Advisory Committee Act (see agencies are permitted to begin using Walter Vogl, Drug Testing Section, item III(b) in agenda). This committee the new Federal CCF on August 1, 2000, Division of Workplace Programs, HHS, would consist of representatives of for their workplace drug testing 5600 Fishers Lane, Rockwall 2 Building, interested parties who would meet programs.

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EFFECTIVE DATE: August 1, 2000. Implementation Guidance Under DOT rules, those individuals FOR FURTHER INFORMATION CONTACT: Don DOT-regulated employers may start to who are required to provide split Shatinsky, Drug and Alcohol Policy use the new Federal CCF starting specimens under modal administration Advisor, Office of Drug and Alcohol August 1, 2000. There are changes rules, may not waive this requirement, Policy and Compliance, Office of the associated with the use of the new CCF but must provide a split specimen. (5) The new HHS guidance permits Secretary, DOT, 400 7th Street, SW., (e.g., Step 2, check box for Split, Single, the collector to initiate a Arefusal to Room 10403, Washington, DC 20590, or None Provided; check box for test@ procedure if the donor refuses to telephone number (202) 366–3784. Observed) that must be followed even drink fluids as directed. Under current SUPPLEMENTARY INFORMATION: though they are not currently DOT rules, this is not considered a procedures required in 49 CFR Part 40. Background refusal. DOT-regulated employers who chose to (6) Unlike the procedures in the new All urine specimens collected under use the new CCF must ensure that the HHS guidance, DOT required the DOT drug and alcohol testing rule form is filled out completely. However, collections conducted under direct (49 CFR Part 40) must be collected using the procedures used in the urine observation are limited to current Part chain of custody procedures to specimen collection process, other than 40 requirements and to the September document the integrity and security of the use of the form, must still conform 28, 1998 MRO Guidance for Interpreting the specimen from the time of collection to the current requirements as directed Specimen Validity Test Results until receipt by the laboratory. To in 49 CFR Part 40. HHS published on memorandum signed by Mary ensure uniformity of procedures among their web site (www.health.org/ Bernstein, Director, Office of Drug and all Federal agencies and DOT regulated workpl.htm) a new Urine Specimen Alcohol Policy and Compliance. employers, the use of the Federal CCF Collection Handbook for Federal (7) The new five-part CCF does not is required. Based on the experiences of Workplace Drug Testing Programs and a contain a shipping container seal, as using the current Federal CCF for the new Medical Review Officer Manual for does the current seven-part form. past several years, DOT and HHS Federal Workplace Drug Testing Collection sites may use separate initiated a joint effort to develop a new Programs for use with the new CCF. collection container seals with the new Federal CCF that was easier to use and This guidance and the MRO manual are CCF or may use the current process more accurately reflected both the only for Federal agency testing described in 49 CFR Part 40.25(h), collection process and how results were programs, not for DOT-regulated which states, in part, ‘‘* * * (shipping) reported by the drug testing laboratories. transportation industry programs. containers shall be securely sealed to This effort included scheduling two The following are differences between eliminate the possibility of undetected public meetings attended by over 35 the new HHS guidance and Part 40. tampering with the specimen and/or the industry representatives who DOT-regulated parties must continue to form. On the tape sealing the shipping recommended most of the changes to use the Part 40 requirements except container, the collection site person the current Federal CCF. As a result of where otherwise noted: shall sign and enter the date specimens these meetings, HHS published a (1) The new HHS guidance directs the were sealed in the shipping container proposed revised Federal CCF in the donor to empty his/her pockets. Current for shipment.’’ Collection sites may Federal Register (64 FR 61916) on DOT guidelines permit the collector to utilize any appropriate adhesive November 15, 1999. Comments from the make this request only if there is reason material or packing tape provided the public were incorporated in a revised to believe that the donor has something collection site person’s signature and final form which was published in the in his/her pockets that may be used to date may be affixed to the material used. Federal Register (65 FR 39155) on June adulterate a specimen (e.g., a bulging Users of current seven-part CCF should 23, 2000, with an effective date of pocket). continue to use the shipping container August 1, 2000. (2) The new HHS guidance tells the seals provided with these forms. Major changes included eliminating collector to initiate an immediate direct Under the new HHS guidance, the two copies of the form so that the new observation collection when a donor’s laboratory may transmit all results Federal CCF now has five instead of conduct clearly indicates an attempt to (negative and non-negative) to the MRO seven copies. The new form moves the substitute or adulterate a specimen. by either faxing the completed Copy 1 specimen bottle seals from the right side DOT rules require, in advance, the of the CCF or transmitting a scanned of the form to the bottom, simplifies the review and concurrence of a collection image of the form via computer. Each chain of custody step by requiring the site supervisor or designated employer method must be designed to ensure the collector to sign the form only once, representative that the condition for a confidentiality of the information, the provides a wider choice of terms that a direct observation collection exists. security of the data transmission, and laboratory can use to report results, (3) The new HHS guidance tells the limit access to any data transmission, allows the use of Copy 1 to report collector to immediately begin a direct storage, and retrieval system. A results of the split specimen testing, and observation collection if the temperature laboratory may also continue to use the places the Medical Review Officer is outside the acceptable range. DOT current method of sending a hard copy (MRO) steps for both the primary and rules direct the collector to first offer to of the form. For all non-negative results, split specimens on the MRO copy of the take the donor’s body temperature. the laboratory must also send to the form. Direct observation collection is triggered MRO a hard copy of the original Copy To avoid inconsistencies with only if the donor declines to provide a 1 of the CCF. Regulated parties in the procedures established by HHS for the measurement of his/her body DOT program may begin to follow this new CCF, the Department will parallel temperature or the temperature varies practice, though they are not required to HHS guidance for the use of the new by more than 1.8° F from the do so. This practice is consistent with form. Issues dealing with transmission temperature of the specimen. the Department’s proposal in the Part 40 of alcohol information (DOT Breath (4) The new HHS guidance permits notice of proposed rulemaking, which Alcohol Testing Form) will be Federal employees subject to drug most commenters favored. addressed in the final DOT drug and testing to waive the split specimen The Department will permit alcohol rule. requirement in a shy bladder situation. employers and laboratories to also use

VerDate 112000 16:48 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\25JYN1.SGM pfrm08 PsN: 25JYN1 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Notices 45817 the same process of transmitting the Avenue, SW, Washington, DC 20591, Carrier Safety Regulations (FMCSRs). current seven-part CCF from the telephone (202) 267–9681. Granting the exemptions will enable laboratory to the MRO: SUPPLEMENTARY INFORMATION: The these individuals to qualify as drivers of (1) A laboratory may send negative referenced meeting is announced commercial motor vehicles (CMVs) in results by electronic (e.g., facsimile, pursuant to Section 10(a)(2) of the interstate commerce without meeting imaging) transmission of Copy 1 of the Federal Advisory Committee Act (Pub. the vision standard prescribed in 49 seven part CCF to the MRO. For L. 92–463; 5 U.S.C. App. II). CFR 391.41(b)(10). negative results, a hard copy (Copy 2) The agenda will include: DATES: Comments must be received on does not have to be sent to the MRO. Presentation of work plans for the or before August 24, 2000. (2) A laboratory may send non- following: ADDRESSES: Your written, signed negative results by electronic (e.g., a. Damage Tolerance and Fatigue comments must refer to the docket facsimile, imaging) transmission of Evaluation of Composite Rotorcraft number at the top of this document, and Copy 1 or Copy 2 of the seven part CCF Structure. you must submit the comments to the to the MRO. A hard copy of the CCF b. Damage Tolerance and Fatigue Docket Clerk, U.S. DOT Dockets, Room must subsequently be sent to the MRO. Evaluation of Metallic Rotorcraft PL–401, 400 Seventh Street, SW., Employers and service agents who Structure. Washington, DC 20590–0001. All provide DOT related drug and alcohol Presentation and vote on the NPRM comments will be available for services must ensure that all current from the Performance and Handling examination at the above address regulatory procedures related to drug Qualities working group. between 9 a.m. and 5 p.m., e.t., Monday testing, collection, record keeping, etc., Attendance is open to the public but through Friday, except Federal holidays. are followed even if the option to use will be limited to the space available. Those desiring notification of receipt of the new Federal CCF is initiated. The public must make arrangements to comments must include a self- Additionally, implementation of the present oral statements at the meeting. addressed, stamped envelope or new CCF and transmission of laboratory Written statements may be presented to postcard. results of the new CCF or the current the committee at any time by providing FOR FURTHER INFORMATION CONTACT: For seven part CCF must have the 16 copies to the Assistant Chair or by concurrence of the employer and the information about the vision providing the copies at the meeting. If exemptions in this notice, Ms. Sandra employer’s MRO. The Department is you are in need of assistance or require projecting the publication of a final drug Zywokarte, Office of Bus and Truck a reasonable accommodation for the Standards and Operations, (202) 366– and alcohol rule by the end of 2000 or meeting, please contact the person listed the first part of 2001. At that time, the 2987; for information about legal issues under the heading FOR FURTHER Department will address in more detail related to this notice, Ms. Judith INFORMATION CONTACT. In addition, sign the various changes and options that Rutledge, Office of the Chief Counsel, and oral interpretation, as well as a (202) 366–2519, FMCSA, Department of will be implemented as a result of listening device, can be made available public input to the current NPRM. Transportation, 400 Seventh Street, at the meeting if requested 10 calendar SW., Washington, DC 20590. Office Issued this 21st day of July, 2000, at days before the meeting. Arrangements Washington, DC. hours are from 7:45 a.m. to 4:15 p.m., may be made by contacting the person e.t., Monday through Friday, except Mary Bernstein, listed under the heading FOR FURTHER Federal holidays. Director, Office of Drug and Alcohol Policy INFORMATION CONTACT. and Compliance, Department of SUPPLEMENTARY INFORMATION: Issued in Washington, DC, on July 18, Transportation. 2000. Electronic Access [FR Doc. 00–18904 Filed 7–24–00; 8:45 am] Anthony F. Fazio, Internet users may access all BILLING CODE 4910±62±U Assistant Executive Director, Aviation comments received by the U.S. DOT Rulemaking Advisory Committee. Dockets, Room PL–401, by using the DEPARTMENT OF TRANSPORTATION [FR Doc. 00–18686 Filed 7–24–00; 8:45 am] universal resource locator (URL): http:/ BILLING CODE 4910±13±M /dms.dot.gov. It is available 24 hours Federal Aviation Administration each day, 365 days each year. Please follow the instructions online for more Aviation Rulemaking Advisory DEPARTMENT OF TRANSPORTATION information and help. Committee Meeting An electronic copy of this document Federal Motor Carrier Safety may be downloaded using a modem and AGENCY: Federal Aviation Administration suitable communications software from Administration (FAA), DOT. the Government Printing Office’s [Docket No. FMCSA±2000±7363] ACTION: Notice of public meeting. Electronic Bulletin Board Service at (202) 512–1661. Internet users may SUMMARY: This notice announces a Qualification of Drivers; Exemption public meeting of the FAA’s Aviation Applications; Vision reach the Office of the Federal Register’s Rulemaking Advisory Committee to home page at: http://www.nara.gov/ AGENCY: Federal Motor Carrier Safety discuss rotorcraft issues. fedreg and the Government Printing Administration (FMCSA), DOT. Office’s database at: http:// DATES: The meeting will be held on ACTION: Notice of petitions and intent to www.access.gpo.gov/nara. August 8, 2000, 2:00 p.m. EST. grant applications for exemption; Background ADDRESSES: The meeting will be held at request for comments. Helicopter Association International, Seventy individuals have requested 1635 Prince St, Alexandria VA, 22314, SUMMARY: This notice announces the an exemption from the vision telephone (703) 682–4646. FMCSA’s preliminary determination to requirement in 49 CFR 391.41(b)(10), FOR FURTHER INFORMATION CONTACT: grant the applications of 70 individuals which applies to drivers of CMVs in Angela Anderson, Office of Rulemaking, for an exemption from the vision interstate commerce. Under 49 U.S.C. ARM–200, FAA, 800 Independence requirements in the Federal Motor 31315 and 31136(e), the FMCSA (and

VerDate 112000 16:48 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\25JYN1.SGM pfrm08 PsN: 25JYN1 45818 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Notices previously the FHWA) may grant an Mr. Aguilera has driven straight in his left eye is 20/20, uncorrected. He exemption for a renewable 2-year period trucks for 11 years, accumulating was examined in 1999 by an if it finds ‘‘such exemption would likely 990,000 miles and tractor-trailer ophthalmologist who stated, ‘‘In achieve a level of safety that is combination vehicles for 1 year, summary, the vision in his left eye is equivalent to, or greater than, the level accumulating 90,000 miles. He holds a sufficient to perform the driving tasks that would be achieved absent such California Class A CDL. His official required to operate a commercial exemption.’’ Accordingly, the FMCSA driving record shows no accidents and vehicle.’’ has evaluated each of the 70 exemption no convictions of moving violations in Mr. Bays has driven both straight requests on its merits, as required by 49 a CMV for the past 3 years. trucks and tractor-trailer combination U.S.C. 31315 and 31136(e), and vehicles for 22 years, accumulating a 4. Louis Edward Aldridge preliminarily determined that total of 682,000 miles. He holds a exempting these 70 applicants from the Mr. Aldridge, 57, has amblyopia in Kentucky Class DMA CDL. His official vision requirement in 49 CFR his right eye. His best corrected visual driving record shows no accidents and 391.41(b)(10) is likely to achieve a level acuity is 20/20 in the left eye and 20/ no convictions of moving violations in of safety equal to, or greater than, the 200 in the right eye. He was examined a CMV for the last 3 years. in 1999 by an optometrist who stated, level that would be achieved without 8. Rosa C. Beaumont the exemption. ‘‘There is no visual reason to keep Mr. Aldridge from safely driving a Ms. Rosa C. Beaumont, 53, has Qualifications of Applicants commercial vehicle.’’ amblyopia in her right eye. Her best 1. Henry Wayne Adams Mr. Aldridge has driven straight corrected visual acuity is 20/20 in the trucks for 20 years, accumulating left eye and 20/400 in the right eye. She Mr. Henry Wayne Adams, 54, has 500,000 miles. He holds a Maryland was examined in 1999 by an been blind in his left eye since 1988 due Class CM license. His official driving ophthalmologist who stated, ‘‘It is the to an accident. The best corrected visual record shows no accidents and no examiner’s opinion that the patient has acuity in his right eye is 20/20. He was convictions of moving violations in a sufficient vision to perform the driving examined in 1999 by an optometrist CMV for the past 3 years. tasks required to operate a commercial who stated, ‘‘In summation, his vehicle.’’ condition is stable and he should have 5. Larry Neal Arrington Ms. Beaumont has driven buses for 8 sufficient vision to perform the Mr. Larry Neal Arrington, 54, has years, accumulating 800,000 miles. She necessary driving tasks required to amblyopia in his left eye. His best holds a Washington Class B CDL. Her operate a commercial vehicle.’’ corrected visual acuity is 20/20 in the official driving record shows no Mr. Adams has driven straight trucks right eye and 20/200 in the left eye. He accidents and no convictions of moving for 6 years, accumulating 360,000 miles was examined in 1999 by an optometrist violations in a CMV for the past 3 years. and tractor-trailer combination vehicles who stated, ‘‘Vision of OD [right] is for 3 years, accumulating 135,000 miles. sufficient to perform the driving tasks 9. Jerry A. Bechtold He holds an Alabama Class D license. required to operate a commercial Mr. Jerry A. Bechtold, 47, is blind in His official driving record shows no vehicle.’’ his right eye due to trauma and wears accidents and no convictions of moving Mr. Arrington has driven straight a prosthesis. His best corrected visual violations in a CMV for the past 3 years. trucks for 26.5 years, accumulating acuity is 20/20 in the left eye. He was 2. Willie F. Adams 795,000 miles. He holds a North examined in 1999 by an optometrist Carolina Class B CDL. His official who stated, ‘‘Because of his successful Mr. Willie F. Adams, 43, has driving record shows no accidents and history he should be able to perform the amblyopia in his right eye. His best no convictions of moving violations in driving tasks required to operate a corrected visual acuity is 20/20 in the a CMV for the past 3 years. commercial vehicle.’’ left eye and 20/400 in the right eye. He Mr. Bechtold has driven straight was examined in 1999 by an optometrist 6. David W. Ball trucks for 25 years, accumulating over who stated, ‘‘In my opinion, Fred Mr. David W. Ball, 47, has had 1.2 million miles. He holds an Illinois Adams is capable of operating a decreased vision in his right eye since Class B CDL. His official driving record commercial vehicle.’’ an injury in 1966. His best corrected shows no accidents and no convictions Mr. Adams has driven straight trucks visual acuity is 20/20 in the left eye and of moving violations in a CMV for the for 20 years, accumulating 1.6 million 20/60 in the right eye. He was examined past 3 years. miles and tractor-trailer combination in 1999 by an ophthalmologist who 10. Robert F. Berry vehicles for 2 years, accumulating stated, ‘‘Your examination is essentially 130,000 miles. He holds an Alabama unchanged from approximately one year Mr. Robert F. Berry, 55, has Class DM license. His official driving ago and I see no reason that you cannot amblyopia in his right eye. His best record shows no accidents and no continue to perform your driving tasks corrected visual acuity is 20/15 in the convictions of moving violations in a as a commercial driver.’’ left eye and 20/200 in the right eye. He CMV for the last 3 years. Mr. Ball has driven straight trucks for was examined in 1999 by an optometrist 29 years, accumulating over 2.1 million who stated, ‘‘It is my medical opinion 3. Fernando Aguilera miles. He holds a Missouri Class E that Robert F. Berry has sufficient vision Mr. Fernando Aguilera, 38, has commercial license. His official driving to perform the tasks needed to operate amblyopia in his left eye. His best record shows no accidents and no a commercial vehicle.’’ corrected visual acuity is 20/20+2 in the convictions of moving violations in a Mr. Berry has driven straight trucks right eye and 20/200 in the left eye. He CMV for the past 3 years. for 23 years, accumulating over 620,000 was examined in 2000 by an optometrist miles. He holds a Maine Class B CDL. who stated, ‘‘It is my opinion that Mr. 7. Delbert Ronnie Bays His official driving record shows one Aguilera has sufficient vision to perform Mr. Delbert Ronnie Bays, 43, wears a accident and no convictions of moving the driving tasks required to operate a prosthesis in his right eye as the result violations in a CMV. No citations were commercial motor vehicle.’’ of an injury in 1971. The visual acuity issued in the accident. Mr. Berry

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Carter was examined in 1998 by an ophthalmologist who stated, ‘‘Due to the Mr. Richard S. Carter, 55, has ophthalmologist who stated, ‘‘I certify results of his exam, I believe he has amblyopia in his left eye. His best that in my opinion he is capable of sufficient vision to perform the driving corrected visual acuity is 20/20 in the performing the driving tasks required to tasks required to operate a commercial right eye and 20/100 in the left eye. He operate a commercial motor vehicle.’’ vehicle.’’ was examined in 1999 by an optometrist Mr. Cox has driven tractor-trailer Mr. Bright has driven straight trucks who stated, ‘‘It is my opinion that Mr. combination vehicles for 20 years, for 4 years, accumulating 20,000 miles Carter has sufficient vision to perform accumulating 2 million miles. He holds and tractor-trailer combination vehicles the driving tasks required to operate a an Oregon Class A CDL. His official for 27 years, accumulating over 890,000 commercial vehicle.’’ driving record shows no accidents and miles. He holds a Texas Class A CDL. Mr. Carter has driven both straight no convictions of moving violations in His official driving record shows no trucks and tractor-trailer combination a CMV for the past 3 years. accidents and no convictions of moving vehicles for 30 years, accumulating a 19. Gerald Wade Cox violations in a CMV for the past 3 years. total of more than 2.7 million miles. He holds a Florida Class A CDL. His official Mr. Gerald Wade Cox, 42, lost his left 12. Robert R. Buis driving record for the past 3 years shows eye due to trauma when he was 12 years Mr. Robert R. Buis, 59, has had no no accidents and one conviction for old. The best corrected visual acuity in functional vision in his left eye since ‘‘Load dropping/shifting/escaping’’ in a his right eye is 20/15. He was examined childhood. His best corrected visual CMV. in 1999 by an opthalmologist who acuity is 20/25¥ in the right eye and no stated, ‘‘Mr. Cox’s vision is sufficient to light perception in the left eye. He was 16. Lynn A. Childress perform commercial driving.’’ examined in 1999 by an Mr. Lynn A. Childress, 52, has a Mr. Cox has driven straight trucks for ophthalmologist who stated, ‘‘He has retinal scar in his right eye as the result 22 years, accumulating 77,000 miles and sufficient vision to perform driving of a childhood injury. His best corrected tractor-trailer combination vehicles for tasks required to operate a commercial visual acuity is 20/15–2 in the right eye 11 years, accumulating 825,000 miles. vehicle.’’ and light perception in the left eye. He He holds an Alabama Class AM license. Mr. Buis has driven straight trucks for was examined in 1999 by an optometrist His official driving record shows no 3 years, accumulating 3,000 miles. He who stated, ‘‘Mr. Childress is certainly accidents and one moving conviction has driven tractor-trailer combination well adapted to his visual situation by for ‘‘Failure to obey traffic signal/light’’ vehicles for 40 years, accumulating over now, and has been driving commercial in a CMV, for the last 3 years. 2 million miles. He holds a Kentucky vehicles safely within the 20. Dempsey Leroy Crawhorn, Jr. Class DA Operator/CDL license. His Commonwealth of Virginia. With this in official driving record shows no mind, I feel his vision is sufficient to Mr. Dempsey Leroy Crawhorn, Jr., 48, accidents and no convictions of moving perform the driving tasks required to has amblyopia in his left eye. His best violations in a CMV for the past 3 years. operate a commercial vehicle.’’ corrected visual acuity is 20/20 in the Mr. Childress has driven straight right eye and 20/50–2 in the left eye. He 13. David Dominick Bungori trucks for 20 years, accumulating over was examined in 2000 by an optometrist Mr. David Dominick Bungori, 45, has 1.4 million miles and tractor-trailer who stated, ‘‘In my opinion Mr. amblyopia in his left eye. His best combination vehicles for 4 years, Crawhorn does have sufficient vision to corrected visual acuity is 20/20 in his accumulating 400,000 miles. He holds a operate a commercial vehicle.’’ right eye and 20/200 in his left eye. He Virginia Class A CDL. His official Mr. Crawhorn has driven tractor- was examined in 1999 by an optometrist driving record shows no accidents and trailer combination vehicles for 5 years, who stated, ‘‘Medically Mr. Bungori no convictions of moving violations in accumulating over 490,000 miles. He may perform all driving tasks required a CMV for the last 3 years. holds an Indiana operator’s license. His for commercial vehicle operation.’’ official driving record shows no Mr. Bungori has driven tractor-trailer 17. Kevin L. Cole accidents or convictions of moving combination vehicles for 24 years, Mr. Kevin L. Cole, 48, is blind in his violations in a CMV for the past 3 years. accumulating 792,000 miles. He holds a right eye as the result of trauma. The 21. Thomas P. Cummings Maryland Class A CDL. His official visual acuity is 20/15+2 in his left eye. driving record shows no accidents and He was examined in 1999 by an Mr. Thomas P. Cummings, 56, has no convictions of moving violations in ophthalmologist who stated, ‘‘In my been blind in his right eye due to a CMV for the last 3 years. medical opinion I do not see any trauma for at least 8 years. The best medical indications that would prohibit corrected visual acuity is 20/20 in his 14. Ronzie L. Carroll him from continuing to drive a left eye. He was examined in 1999 by an Mr. Ronzie L. Carroll, 57, has a commercial vehicle in the future.’’ optometrist who stated, ‘‘I feel he has macular scar in his left eye. His visual Mr. Cole has driven straight trucks for sufficient vision for a commercial acuity is 20/20 in the right eye and 20/ 30 years, accumulating 600,000 miles vehicle.’’ 100 in the left eye. He was examined in and tractor-trailer combination vehicles Mr. Cummings has driven tractor- 1999 by an optometrist who stated, ‘‘I for 26 years, accumulating 390,000 trailer combination vehicles for 21 believe the patient has adequate vision miles. He holds a Missouri Class A CDL. years, accumulating more than 1.8 to operate a commercial vehicle.’’ His official driving record shows no million miles. He holds a Wisconsin

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Class ABCD CDL. His official driving Grogan’s vision is sufficient for driving 29. Brian L. Houle record shows no accidents and one a commercial vehicle.’’ Mr. Brian L. Houle, 27, has a macular citation for operating while disqualified. Mr. Grogan has driven tractor-trailer hole in his left eye due to trauma. His 22. Cedric E. Foster combination vehicles for 32 years, best corrected visual acuity is 20/10 in accumulating over 3.5 million miles. He the right eye and 20/200 in the left eye. Mr. Cedric E. Foster, 50, has only light holds an Alabama Class D license. His He was examined in 1999 by an perception in his right eye due to injury. official driving record shows one optometrist who stated, ‘‘Brian Houle His best corrected visual acuity in the accident and no convictions of moving has sufficient vision to perform the left eye is 20/20. He was examined in violations in a CMV for the past 3 years. driving tasks required to operate a 1999 by an optometrist who stated, ‘‘In According to the accident report, the commercial vehicle.’’ my medical opinion, Mr. Foster has other vehicle involved failed to yield Mr. Houle has driven straight trucks sufficient vision to perform the driving the right of way, causing Mr. Grogan to for over 5 years, accumulating over tasks required to operate a commercial collide with it. Neither driver was 125,000 miles. He holds a New York vehicle.’’ charged in the accident. Class A CDL. His official driving record Mr. Foster has driven straight trucks for the past 3 years shows no accidents for 5 years, accumulating 100,000 miles 26. Elmer Harper and one conviction for ‘‘Unauthorized and buses for 14 years, accumulating Mr. Elmer Harper, 49, has been blind towing’’ in a CMV. 224,000 miles. He holds an Illinois Class in his left eye since childhood due to 30. Christopher L. Humphries B CDL. His official driving history injury. His visual acuity is 20/20 in the shows no accidents and no convictions right eye. He was examined in 1999 by Mr. Christopher L. Humphries, 38, suffered an injury in his left eye as a of moving violations in a CMV for the an ophthalmologist who stated, ‘‘It is child, causing a traumatic cataract. He past 3 years. my opinion that as far as Mr. Harper’s underwent cataract extraction and lens vision goes, he should be able to operate 23. Rosalie A. Gifford implantation six years ago. Mr. a commercial vehicle.’’ Ms. Rosalie A. Gifford, 62, has had Humphries’ best corrected visual acuity Mr. Harper has driven straight trucks central vision loss in her left eye since is 20/20 in the right eye and 20/60 in for 30 years, accumulating 780,000 at least 1964. The cause is unknown. the left eye. He was examined in 1999 miles. He holds a Tennessee Class A Her best corrected visual acuity is 20/20 by an optometrist who stated, CDL. His official driving record shows in the right eye and 20/50 in the left eye. ‘‘Although his left monocular vision is no accidents and no convictions of She was examined in 1999 by an reduced to below standard, his moving violations in a CMV for the past optometrist who stated, ‘‘It is my binocular vision should be deemed safe 3 years. opinion that this small central defect in for commercial drivers licensure.’’ Rosalie’s left eye in no way affects her 27. Peter L. Haubruck Mr. Humphries has driven straight ability to operate a commercial vehicle.’’ trucks for 4.5 years, accumulating Mr. Peter L. Haubruck, 53, has 162,000 miles. He holds a Texas Class Ms. Gifford has driven buses for 13 amblyopia in his left eye. His best B CDL. His official driving record shows years, accumulating 234,000 miles. She corrected visual acuity is 20/20 in the no accidents or convictions of moving holds an Arizona Class B license. Her right eye and 20/50 in the left eye. He violations in a CMV for the past 3 years. official driving record shows no was examined in 1999 by an accidents and no convictions of moving 31. Craig C. Irish ophthalmologist who stated, ‘‘It is my violations in a CMV for the last 3 years. opinion that his vision is sufficient to Mr. Craig C. Irish, 42, has reduced 24. Eugene Anthony Gitzen operate a commercial vehicle.’’ visual acuity in his left eye as the result Mr. Haubruck has driven straight of trauma. His best corrected visual Mr. Eugene Anthony Gitzen, 37, is acuity is 20/20 in the right eye and 20/ blind in his right eye as the result of an trucks for 28 years, accumulating more than 420,000 miles and tractor-trailer 60 in the left eye. He was examined in injury over 18 years ago. The best 1999 by an ophthalmologist who stated, corrected visual acuity in his left eye is combination vehicles for 15 years, accumulating more than 75,000 miles. ‘‘I believe his current visual acuity and 20/20. He was examined in 1999 by an function is sufficient to safely operate optometrist who stated, ‘‘In my He holds a New Jersey Class A CDL. His official driving record shows no commercially.’’ professional medical opinion, Mr. Mr. Irish has driven straight trucks for accidents and no convictions of moving Gitzen has sufficient vision to perform 9 years, accumulating over 315,000 violations in a CMV for the last 3 years. the driving tasks required to operate a miles and tractor-trailer combination commercial motor vehicle.’’ 28. Joe Marvin Hill vehicles for 12 years, accumulating over Mr. Gitzen has driven both straight 420,000 miles. He holds a Maine Class trucks and tractor-trailer combination Mr. Joe Marvin Hill, 52, has A CDL. His official driving record shows vehicles for 17 years, accumulating a amblyopia in his right eye. His best no accidents and no convictions of total of more than 850,000 miles. He corrected visual acuity is 20/20 in the moving violations in a CMV for the past holds a Minnesota Class A CDL. His left eye and 20/200 in the right eye. He 3 years. official driving record shows no was examined in 1999 by an optometrist accidents and no convictions for moving who stated, ‘‘It is my opinion that Mr. 32. Donald R. Jackson violations in a CMV for the past 3 years. Hill has adequate central and peripheral Mr. Donald R. Jackson, 50, has vision to operate a commercial vehicle.’’ amblyopia in his right eye secondary to 25. Donald Grogan Mr. Hill has driven tractor-trailer congenital corneal scarring. His best Mr. Donald Grogan, 58, has amblyopia combination vehicles for 32 years, corrected visual acuity is 20/20 in his in his left eye. His best corrected visual accumulating 3.8 million miles. He left eye and 20/400 in his right eye. He acuity is 20/20 in the right eye and 20/ holds a Texas Class A CDL. His official was examined by an optometrist in 1999 400 in the left eye. Mr. Grogan was driving record shows no accidents and who stated, ‘‘It is my understanding that examined in 1999 by an one conviction for a serious speeding Mr. Jackson has maintained a ophthalmologist who stated, ‘‘Donald violation in a CMV for the past 3 years. commercial license for the last fifteen

VerDate 112000 17:58 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\25JYN1.SGM pfrm08 PsN: 25JYN1 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Notices 45821 years without an accident. This would moving violations in a CMV for the past additional head movement to certainly imply to my professional 3 years. Mr. Johns was not cited for the compensate for decreased right eye judgment that he has sufficient vision to accident. He was struck from behind by central vision Mr. Kuderer has sufficient perform the driving tasks required to the other vehicle involved. That driver vision to safely operate a commercial operate a commercial vehicle.’’ was cited for following too closely. vehicle.’’ Mr. Jackson has driven tractor-trailer Mr. Kuderer has driven straight trucks combination vehicles for 15 years, 36. Jimmie W. Judkins for 30 years, accumulating over 3.7 accumulating over 1.4 million miles. He Mr. Jimmie W. Judkins, 53, has millions miles and tractor-trailer holds an Ohio Class A CDL. His official amblyopia in his left eye. His best combination vehicles for 7 years, driving history shows no accidents and corrected visual acuity is 20/20 in the accumulating 350,000 miles. He holds a no convictions of moving violations in right eye and 20/60+ in the left eye. He Wisconsin Class ABCD CDL. His official a CMV for the last 3 years. was examined in 1999 by an driving record shows one accident and ophthalmologist who stated, ‘‘He should no convictions for moving violations in 33. Nelson V. Jaramillo have sufficient vision to perform the a CMV for the past 3 years. There were Mr. Nelson V. Jaramillo, 31, has driving test required to operate a no injuries and no citations given as a amblyopia in his left eye. His best commercial vehicle.’’ result of the accident. Mr. Kuderer was corrected visual acuity is 20/20 in the Mr. Judkins has driven straight trucks stopped in the left center lane waiting right eye and 20/200 in left eye. He was for 27 years, accumulating more than to make a left turn. The other vehicle examined in 1999 by an 1.3 million miles. He holds an Alabama involved stopped to the back left of Mr. ophthalmologist who stated, ‘‘In my Class AMV CDL. His official driving Kuderer, assuming he was proceeding opinion this patient is able to perform record shows no accidents and no straight. The other vehicle hit Mr. driving tasks required to operate convictions of moving violations in a Kuderer when he turned left. commercial vehicles.’’ CMV for the past 3 years. 9 Mr. Jaramillo has driven straight 40. Thomas D. Laws trucks for 9 years, accumulating 58,500 37. Kurth A. Kapke Mr. Thomas D. Laws, 42, has miles. He holds a Massachusetts Class D Mr. Kurth A. Kapke, 41, has amblyopia in his right eye. His best license. His official driving record amblyopia in his left eye. His best corrected visual acuity is 20/20 in the shows no accidents and no convictions corrected visual acuity is 20/20 in the left eye and 20/50 in the right eye. He of moving violations in a CMV for the right eye and 20/100 in the left eye. He was examined in 1999 and his past 3 years. was examined in 1999 by an optometrist stated, ‘‘The patient is ophthalmologist who stated, ‘‘It is my perfectly normal and capable of 34. Daryl A. Jester opinion that Mr. Kapke’s visual acuity operating a commercial vehicle as far as Mr. Daryl A. Jester, 42, has been blind should not change from his present the eyes are concerned.’’ in his left eye since childhood and level and that he is able to operate a Thomas Laws has driven straight wears a prosthesis. His best corrected commercial vehicle with his trucks for 11 years, accumulating over visual acuity is 20/20 in the right eye. spectacles.’’ 220,000 miles and tractor-trailer He was examined in 2000 by an Mr. Kapke has driven straight trucks combination vehicles for 15 years, optometrist who stated, ‘‘I certify that for 6 years, accumulating 312,000 miles. accumulating more than 22,500 miles. patient has sufficient vision to perform He holds a Wisconsin Class BCD CDL. He holds an Indiana Class A–XT CDL. the driving tasks required to operate a His official driving record shows no His official driving record shows no commercial vehicle.’’ accidents and no convictions of moving accidents or convictions of moving Mr. Jester has driven straight trucks violations in a CMV for the last 3 years. violations in a CMV for the past 3 years. for 22 years, accumulating 330,000 miles. He holds a Utah Class B CDL. His 38. Johnny M. Kruprzak 41. Demetrio Lozano official driving record shows no Mr. Johnny M. Kruprzak, 34, has Mr. Demetrio Lozano, 52, is blind in accidents and no convictions of moving decreased vision in his right eye due to his right eye due to trauma. His visual violations in a CMV for the last 3 years. injury. His best corrected visual acuity acuity is 20/20 in the left eye. He was is 20/20 in the left eye and light examined in 1999 by an optometrist 35. Joseph Vernon Johns perception in the right eye. He was who stated, ‘‘In my medical opinion Mr. Mr. Joseph Vernon Johns, 37, has been examined in 2000 by an optometrist Lozano has sufficient vision to perform blind in his right eye since 1992 as the who stated, ‘‘In our opinion he is the driving tasks required of him to result of an automobile accident. His capable of driving a commercial vehicle operate a commercial vehicle.’’ visual acuity is 20/20 in the left eye, without problems.’’ Mr. Lozano has driven straight trucks uncorrected. He was examined in 1999 Mr. Kruprzak has driven both straight for 34 years, accumulating 1.7 millions by an optometrist who stated, ‘‘Based on trucks and tractor-trailer combination miles and tractor-trailer combination my examination and the visual field vehicles for 16 years, accumulating a vehicles for 24 years, accumulating performed on Mr. Johns, I certify that total of more than 1.1 million miles. He 600,000 miles. He holds a Texas Class his vision is stable and my medical holds an Ohio Class A CDL. His official A CDL. His official driving record shows opinion is that he has sufficient vision driving record shows no accidents and no accidents and no convictions of to operate a commercial vehicle under no convictions of moving violations in moving violations in a CMV for the past normal conditions as per your a CMV for the past 3 years. 3 years. requirements.’’ Mr. Johns has driven straight trucks 39. Charles R. Kuderer 42. Wayne Mantela for 3 years, accumulating 45,000 miles Mr. Charles R. Kuderer, 50, has visual Mr. Wayne Mantela, 31, has been and tractor-trailer combination vehicles acuity of light perception in his right blind in his left eye since birth due to for 11 years, accumulating 1.2 million eye as the result of a childhood a congenital cataract. His visual acuity miles. He holds a Louisiana Class A accident. His visual acuity is 20/20 in in his right eye is 20/20 uncorrected. He CDL. His official driving record shows the left eye. He was examined in 1999 was examined in 1999 by an one accident and no convictions for by an optometrist who stated, ‘‘With ophthalmologist who stated, ‘‘Mr.

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Mantela should have no trouble a Nevada Class AM license. His official the driving tasks required to operate a operating a commercial vehicle.’’ driving record shows no accidents and commercial vehicle.’’ Mr. Mantela has driven straight trucks no convictions of moving violations in Mr. Pennington has driven straight for 3.5 years, accumulating over 157,000 a CMV for the last 3 years. trucks for 59 years, accumulating miles. He holds a Kentucky Class D 885,000 miles and tractor-trailer license. His official driving record 46. Gordon L. Nathan combination vehicles for over 25 years, shows no accidents and no convictions Mr. Gordon L. Nathan, 56, has accumulating over 2.4 million miles. He of moving violations in a CMV for the amblyopia in his left eye. His best holds a California Class A CDL. His past 3 years. corrected visual acuity is 20/15 in the official driving record shows no right eye and 20/100 in the left eye. He accidents and no convictions of moving 43. Kenneth D. May was examined by an optometrist in 1999 violations in a CMV for the last 3 years. Mr. Kenneth D. May, 51, has reduced who stated, ‘‘Mr. Nathan has sufficient central acuity in his left eye which has vision to perform the driving tasks 50. Clifford C. Priesmeyer resulted from scarring in the center of required to operate a commercial Mr. Clifford C. Priesmeyer, 51, the left eye as the result of a vehicle.’’ suffered trauma to his left eye in 1964 hemorrhage. His visual acuity is 20/20 Mr. Nathan has driven straight trucks leaving visual acuity in that eye of 20/ in the right eye and 20/200 in the left for 42 years, accumulating 630,000 400. His best corrected visual acuity in eye. He was examined in 1999 by an miles and tractor-trailer combination the right eye is 20/20–1. He was ophthalmologist who stated, ‘‘He vehicles for 3.75 years, accumulating examined in 1999 by an optometrist continues to have sufficient vision to 37,500 miles. He holds a California who stated, ‘‘Although Mr. Priesmeyer’s perform the driving tasks required to Class AM1 CDL. His official driving central vision is decreased in his left operate commercial vehicles and he has record shows no accidents and no eye, his 20/20 vision in his right eye and been doing this safely and successfully convictions of moving violations in a unobstructed field of vision in both since 1994.’’ CMV for the last 3 years. eyes, should allow him to operate a Mr. May has driven tractor-trailer commercial vehicle without any combination vehicles for 31 years, 47. Jerry L. New difficulties.’’ accumulating over 3 million miles. He Mr. Jerry L. New, 52, has a corneal Mr. Priesmeyer has driven straight holds an Alabama Class AM CDL. His scar in his right eye. His best corrected trucks for 5 years, accumulating 50,000 official driving record shows no visual acuity is 20/20 in his left eye and miles and tractor-trailer combination accidents and no convictions of moving 20/200 in his right eye. He was vehicles for 34 years, accumulating 1.7 violations in a CMV for the last 3 years. examined in 2000 by an optometrist million miles. He holds a Texas Class who stated, ‘‘It is my opinion that Mr. AM CDL. His official driving record 44. Jimmy R. Millage Jerry New has sufficient vision to shows no accidents and no convictions Mr. Jimmy R. Millage, 55, has had a perform the driving tasks required to of moving violations in a CMV for the central vision defect in his left eye since operate a commercial vehicle.’’ past 3 years. childhood due to trauma. His visual Mr. New has driven tractor-trailer acuity is 20/20 in the right eye and 20/ combination vehicles for 5 years, 51. George S. Rayson 100 in the left eye. He was examined in accumulating 300,000 miles. He holds a Mr. George S. Rayson, 36, has macular 2000 by an ophthalmologist who stated, Mississippi Class A CDL. His official degeneration in the left eye with retinal ‘‘In my medical opinion and based upon driving record shows no accidents and scarring. His visual acuity is 20/20 in the fact that the patient has had the no convictions of moving violations in the right eye and 20/400 in the left eye. same vision for almost 50 years and an a CMV for the last 3 years. He was examined in 1999 by an excellent driving record since he began ophthalmologist who stated, ‘‘This 48. Bernice Ray Parnell in 1988, he has sufficient vision to young man has been a driver for this perform the driving tasks required to Mr. Bernice Ray Parnell, 65, has company for which he works for a operate a commercial vehicle.’’ choroidal melanoma in his left eye. His number of years and has proven to be Mr. Millage has driven tractor-trailer best corrected visual acuity is 20/20 in a competent, careful driver with no combination vehicles for 11 years, the right eye and 20/400 in the left eye. history of any prior accidents. He is a accumulating 924,000 miles. He holds a He was examined by an optometrist in valuable employee of this company and Texas Class A CDL. His official driving 1999 who stated, ‘‘In my opinion, Mr. needs to continue in the capacity of a record shows no accidents and no Parnell has sufficient vision to perform driver and it is my opinion that he has convictions for moving violations in a the driving tasks required to operate a adequate vision for driving safely.’’ CMV for the past 3 years. commercial vehicle.’’ Mr. Rayson has driven straight trucks Mr. Parnell has driven tractor-trailer for 20 years, accumulating 104,000 45. Harold J. Mitchell combination vehicles for 42 years, miles and tractor-trailer combination Mr. Harold J. Mitchell, 50, has accumulating over 5 million miles. He vehicles for 18 years, accumulating amblyopia in his left eye. His best holds a North Carolina Class A CDL. His 630,000 miles. He holds an Ohio Class corrected visual acuity is 20/20 in the official driving record shows no A CDL. His official driving record shows right eye and 20/100 in the left eye. He accidents and no convictions of moving no accidents and 1 conviction of a was examined in 1999 by an optometrist violations in a CMV for the past 3 years. violation in a CMV for the past 3 years. who stated, ‘‘It is my opinion that Mr. The conviction was for ‘‘Expiration/no 49. Aaron Pennington Harold Mitchell has sufficient vision to drivers license.’’ perform the driving tasks required to Mr. Aaron Pennington, 73, is blind in operate a commercial vehicle.’’ his left eye and wears a prosthesis. His 52. Kevin D. Reece Mr. Mitchell has driven straight best corrected visual acuity is 20/25 in Mr. Kevin D. Reece, 29, has trucks for 30 years, accumulating the right eye. He was examined in 1999 amblyopia in his right eye. His best 1,500,000 miles and tractor-trailer by an ophthalmologist who stated, ‘‘In corrected visual acuity is 20/20 in the combination vehicles for 24 years, my medical opinion, Mr. Pennington left eye and 20/100 in the right eye. He accumulating 1,440,000 miles. He holds does have sufficient vision to perform was examined in 1999 by an optometrist

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He has ever known and he should get along trailer combination vehicles for 12 was examined by an ophthalmologist in quite nicely.’’ years, accumulating 1.2 million miles. 1999 who stated, ‘‘It is my medical Mr. Reece has driven straight trucks He holds a New Mexico Class A CDL. opinion that Mr. Smith has sufficient for 8 years, accumulating over 140,000 His official driving record shows no vision to perform the driving tasks miles and tractor-trailer combination accidents and one non-serious speeding required to operate a commercial vehicles for 6 months, accumulating 500 violation in a CMV for the past 3 years. vehicle.’’ miles. He holds a Tennessee Class B 56. Patrick W. Shea Mr. Smith has driven straight trucks CDL. His official driving record shows for 3 years, accumulating more than no accidents and no convictions of Mr. Patrick W. Shea, 47, is blind in 75,000 miles. He holds an Alabama moving violations in a CMV for the last his left eye due to a childhood injury. Class DM license. His official driving 3 years. His visual acuity is 20/20 in the right record shows no accidents and no eye. He was examined in 1999 by an 53. Franklin Reed convictions of moving violations in a ophthalmologist who stated, ‘‘It is my CMV for the past 3 years. Mr. Franklin Reed, 58, has amblyopia medical opinion that Mr. Shea has in his right eye. His best corrected sufficient vision to perform the driving 60. Paul D. Spalding visual acuity is 20/20 in the left eye and tasks required to operate a commercial Mr. Paul D. Spalding, 49, has 20/80 in the right eye. He was examined vehicle and currently has no medical amblyopia in the left eye due to trauma in 1999 by an ophthalmologist who conditions related to the eyes.’’ at age 3. His best corrected visual acuity stated, ‘‘It is my medical opinion that Mr. Shea has driven straight trucks for is 20/20 in the right eye and light Mr. Reed has sufficient vision to 20 years, accumulating 600,000 miles. perception only in the left eye. He was perform the driving tasks required to He holds a Massachusetts Class D examined in 1999 by an optometrist operate a commercial vehicle.’’ license. His official driving record who stated, ‘‘As he has operated a Mr. Reed has driven straight trucks for shows no accidents and no convictions commercial vehicle safely for his entire 2.5 years, accumulating 125,000 miles of moving violations in a CMV for the working life I feel he has sufficient and tractor-trailer combination vehicles past 3 years. vision to operate a commercial vehicle.’’ for 35 years, accumulating 350,000 Mr. Spalding has driven tractor-trailer 57. Carl B. Simonye miles. He holds a North Carolina Class combination vehicles for 27 years, A CDL. His official driving record shows Mr. Carl B. Simonye, 48, has accumulating over 2.3 million miles. He no accidents and no convictions of amblyopia in his left eye, as well as an holds a Texas Class A CDL. His official moving violations in a CMV for the past old injury which caused scar tissue to driving record for the last 3 years shows 3 years. form in the macular area. His best no accidents and one conviction for a corrected visual acuity is 20/20 in the non-serious speeding violation in a 54. Arthur A. Sappington right eye and count fingers at 3 feet in CMV. Mr. Arthur A. Sappington, 57, has the left eye. He was examined by an amblyopia in his left eye. The best ophthalmologist in 1999 who stated, ‘‘In 61. Richard Allen Strange corrected visual acuity is 20/20 in his my medical opinion, patient has Mr. Richard Allen Strange, 47, has right eye and 20/800 in his left eye. He sufficient vision to operate a amblyopia in his right eye. His best was examined by an optometrist in 1999 commercial vehicle.’’ corrected visual acuity is 20/15 in the who stated, ‘‘It is my opinion that Mr. Mr. Simonye has driven both straight left eye and 20/50–1 in the right eye. He Sappington can operate a commercial trucks and tractor-trailer combination was examined in 1999 by an vehicle safely, as he has safely done for vehicles for 30 years, accumulating a ophthalmologist who stated, ‘‘It is my the past 30 years.’’ total of 105,000 miles. He holds a New opinion that Richard Strange is capable Mr. Sappington has driven straight Jersey Class A CDL. His official driving of operating a commercial vehicle.’’ trucks for 39 years, accumulating over record shows no accidents and no Mr. Strange has operated straight 1.1 million miles. He holds an Indiana convictions of moving violations in a trucks for 1 year, accumulating 10,000 Class B CDL. His official driving record CMV for the past 3 years. miles and tractor-trailer combination shows no accidents and no convictions vehicles for 8 years, accumulating 58. Ernie Sims of moving violations in a CMV for the 400,000 miles. He holds a Texas Class past 3 years. Mr. Ernie Sims, 46, has been blind in A CDL. His official driving record shows his right eye since birth. His best no accidents and no convictions of 55. James L. Schneider corrected visual acuity is 20/20 in the moving violations in a CMV for the past Mr. James L. Schneider, 58, has a left eye and light perception in the right 3 years. history of extremely poor vision in the eye. He was examined in 1999 by an right eye from neovascular glaucoma optometrist who stated, ‘‘This patient 62. Steven Carter Thomas from Sturge-Weber syndrome. His best has sufficient vision to drive a Mr. Steven Carter Thomas, 39, has a corrected visual acuity is 20/20 in the commercial vehicle.’’ chorioretinal scar in his right eye due to left eye and light perception in the right Mr. Sims has driven both straight an accident in 1991. While his vision is eye. He was examined in 1999 by an trucks and tractor-trailer combination affected in one area, his best corrected ophthalmologist who stated, ‘‘Based on vehicles for 10 years, accumulating a visual acuity is 20/20 in the left eye and the patient’s history of having driven a total of 50,000 miles. He holds a South 20/25 in the right eye. He was examined commercial vehicle for many years Carolina Class A CDL. His official by an ophthalmologist in 1998 who with, reportedly, no accidents all while driving record shows no accidents and stated, ‘‘He has no disability that should having essentially no vision in the right no convictions of moving violations in prevent him from operating any type of eye, it appears evident, in my medical a CMV for the past 3 years. vehicle.’’

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Mr. Thomas has driven tractor-trailer 66. Henry Lee Walker Windhorst has sufficient vision to combination vehicles for over 13 years, Mr. Henry Lee Walker, 48, has perform the driving tasks required to accumulating more than 1.5 million glaucoma in both eyes that is controlled operate a commercial vehicle.’’ miles. He holds an Arkansas Class A by medication. His visual acuity is 20/ Mr. Windhorst has driven straight CDL. His official driving record shows 25 in his right eye and counting fingers trucks for 6 years, accumulating 240,000 no accidents and the conviction of one in the left eye. He was examined in 1999 miles. He holds a Missouri Class E speeding violation in a CMV for the past by an ophthalmologist who stated, ‘‘I license. His official driving record 3 years. certify that in my medical opinion Mr. shows no accidents and no convictions of moving violations in a CMV for the 63. George Walter Thornhill Walker has sufficient vision to perform the driving tasks required to operate a past 3 years. Mr. George Walter Thornhill, 48, has commercial vehicle as required by law.’’ 70. Wonda Lue Wooten Mr. Walker has driven straight trucks a congenital coloboma of the retina in Ms. Wonda Lue Wooten, 57, has open for 9 years, accumulating over 540,000 his left eye. His best corrected visual angle glaucoma in her left eye. Her best miles and tractor-trailer combination acuity is 20/20 in the right eye and 20/ corrected visual acuity is 20/20 in the vehicles for 14 years, accumulating over 70 in the left eye. He was examined by right eye and no light perception in the 840,000 miles. He currently holds a an optometrist in 1999 who stated, ‘‘In left eye. She was examined in 1999 by Louisiana personal driver’s license. His my professional opinion, I feel Mr. an ophthalmologist who stated, ‘‘Her official driving record shows no Thornhill has sufficient vision to vision is stable and she has sufficient accidents and one speeding conviction perform the driving tasks required to vision in her right eye to perform the in a CMV for the past 3 years. The operate a commercial vehicle including driving tasks required to operate a speeding conviction was a non-serious tractor trailers.’’ commercial vehicle.’’ violation. Mr. Thornhill has driven straight Ms. Wooten has driven tractor-trailer trucks for 31 years, accumulating more 67. Larry D. Wedekind combination vehicles for 8 years, than 1.5 million miles. He holds an Mr. Larry D. Wedekind, 55, has accumulating 800,000 miles. She holds Alabama Class BM CDL. His official amblyopia in his left eye. His best a Texas Class A CDL. Her official driving record shows no accidents and corrected visual acuity is 20/20 in the driving record shows no accidents and no convictions of moving violations in right eye and 20/200 in the left eye. He one conviction in a CMV for ‘‘Failure to a CMV for the past 3 years. was examined by an optometrist in 1999 yield right of way to an emergency who stated, ‘‘Patient has sufficient vehicle’’ for the past 3 years. 64. Rick N. Ulrich vision to perform driving tasks to Basis for Preliminary Determination To Mr. Rick N. Ulrich, 45, has amblyopia operate commercial vehicle.’’ Grant Exemptions Mr. Wedekind has driven straight in his right eye. His best corrected trucks for 2 years, accumulating 100,000 Independent studies support the visual acuity is 20/20 in the left eye and miles and tractor-trailer combination principle that past driving performance 20/400 in the right eye. He was vehicles for 22 years, accumulating over is a reliable indicator of an individual’s examined in 1999 by an optometrist 1.9 million miles. He holds a Texas future safety record. The studies are who stated, ‘‘I believe he has sufficient Class A CDL. His official driving record filed in FHWA Docket No. FHWA–97– vision to perform the tasks required to shows no accidents and one conviction 2625 and discussed at 63 FR 1524, 1525 operate a commercial vehicle.’’ of a violation (Speed Less than (January 9, 1998). We believe we can Mr. Ulrich has driven both straight Minimum) in a CMV for the last 3 years. properly apply the principle to trucks and tractor-trailer combination monocular drivers because data from vehicles for 4.5 years, accumulating a 68. Daniel Wilson the vision waiver program clearly total of 90,000 miles. He holds a Mr. Daniel Wilson, 39, has amblyopia demonstrate the driving performance of Kentucky Class A CDL. His official in his right eye. His best corrected monocular drivers in the program is driving record shows no accidents and visual acuity is 20/20 in the left eye and better than that of all CMV drivers no convictions of moving violations in 20/400 in the right eye. He was collectively. (See 61 FR 13338, March a CMV for the last 3 years. examined by an ophthalmologist in 26, 1996.) That monocular drivers in the 1999 who stated, ‘‘He has sufficient waiver program demonstrated their 65. Roy F. Varnado vision to perform the driving tasks ability to drive safely supports a required to operate a commercial conclusion that other monocular Mr. Roy F. Varnado, 43, has a macular drivers, with qualifications similar to scar in his left eye. His visual acuity is vehicle.’’ Mr. Wilson has driven straight trucks those required by the waiver program, 20/20 in the right eye and 20/400 in the for 15 years, accumulating 735,000 can also adapt to their vision deficiency left eye. He was examined in 1999 by an miles. He holds an Illinois Class B CDL. and operate safely. ophthalmologist who stated, ‘‘Patient His official driving record shows no The 70 applicants have qualifications has small central field defect (∼3°) accidents and no convictions of moving similar to those possessed by drivers in affects central vision only, left eye; is violations in a CMV in the last 3 years. the waiver program. Their experience stable; has sufficient vision to perform and safe driving record operating CMVs driving tasks for a commercial vehicle.’’ 69. Emmett E. Windhorst demonstrate that they have adapted Mr. Varnado has been driving both Mr. Emmett E. Windhorst, 54, has their driving skills to accommodate straight trucks and tractor-trailer amblyopia in his left eye. His best their vision deficiency. Since past combination vehicles for 25 years, corrected visual acuity is 20/20–1 in the driving records are reliable precursors of accumulating a total of more than right eye and 20/400 in the left eye. He the future, there is no reason to expect 625,000 miles. He holds a Louisiana was examined in 1999 by an optometrist these individuals to drive less safely Class D Chauffeur’s License. His official who stated, ‘‘Because the vision in his after receiving their exemptions. Indeed, driving record shows no accidents and other eye is so good, and because his job there is every reason to expect at least no convictions of moving violations in for the past few years has consisted of the same level of safety, if not a greater a CMV for the past 3 years. mostly driving, I believe that Mr. level, because the applicants can have

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Comments include a self-addressed stamped compile an unsafe driving record. received after the closing date will be postcard stating, ‘‘Comments on OMB For these reasons, the FMCSA filed in the docket and will be control number 2130–New. believes exempting the individuals from considered to the extent practicable, but Alternatively, comments may be 49 CFR 391.41(b)(10) is likely to achieve the FMCSA may issue exemptions from transmitted via facsimile to (202) 493– a level of safety equal to, or greater than, the vision requirement to the 70 6265 or (202) 493–6170, or E-mail to Mr. the level that would be achieved applicants and publish in the Federal Brogan at [email protected], or without the exemption as long as vision Register a notice of final determination to Ms. Deal at [email protected]. in their better eye continues to meet the at any time after the close of the Please refer to the assigned OMB control standard specified in 391.41(b)(10). As a comment period. In addition to late number in any correspondence condition of the exemption, therefore, comments, the FMCSA will also submitted. FRA will summarize the FMCSA proposes to impose continue to file in the docket relevant comments received in response to this requirements on the individuals similar information which becomes available notice in a subsequent notice and to the grandfathering provisions in 49 after the closing date. Interested persons include them in its information CFR 391.64(b) applied to drivers who should continue to examine the docket collection submission to OMB for participated in the agency’s former for new material. approval. vision waiver program. FOR FURTHER INFORMATION CONTACT: Mr. These requirements are as follows: (1) Authority: 49 U.S.C. 322, 31136 and 31315; 49 CFR 1.73. Robert Brogan, Office of Planning and That each individual be physically Evaluation Division, RRS–21, Federal examined every year (a) by an Issued on: July 17, 2000. Railroad Administration, 1120 Vermont ophthalmologist or optometrist who Julie Anna Cirillo, Ave., N.W., Mail Stop 17, Washington, attests that vision in the better eye meets Acting Assistant Administrator, Federal D.C. 20590 (telephone: (202) 493–6292) the standard in 49 CFR 391.41(b)(10), Motor Carrier Safety Administration. or Dian Deal, Office of Information and (b) by a medical examiner who [FR Doc. 00–18775 Filed 7–24–00; 8:45 am] Technology and Productivity attests the individual is otherwise BILLING CODE 4910±22±P Improvement, RAD–20, Federal physically qualified under 49 CFR Railroad Administration, 1120 Vermont 391.41; (2) that each individual provide Ave., N.W., Mail Stop 35, Washington, a copy of the ophthalmologist’s or DEPARTMENT OF TRANSPORTATION D.C. 20590 (telephone: (202) 493–6133). optometrist’s report to the medical (These telephone numbers are not toll- examiner at the time of the annual Federal Railroad Administration free.) medical examination; and (3) that each individual provide a copy of the annual Proposed Agency Information SUPPLEMENTARY INFORMATION: The medical certification to his or her Collection Activities; Comment Paperwork Reduction Act of 1995 employer for retention in its driver Request (PRA), Pub. L. 104–13, Section 2, 109 Stat. 163 (1995) (codified as revised at qualification file or keep a copy in his AGENCY: Federal Railroad 44 U.S.C. 3501–3520), and its or her driver qualification file if he or Administration, DOT. she becomes self-employed. The driver implementing regulations, 5 C.F.R. Part ACTION: Notice. must also have a copy of the 1320, require Federal agencies to provide 60-days notice to the public for certification when driving so it may be SUMMARY: In accordance with the comment on information collection presented to a duly authorized Federal, Paperwork Reduction Act of 1995 and activities before seeking approval by State, or local enforcement official. its implementing regulations, the OMB. 44 U.S.C. 3506(c)(2)(A); 5 C.F.R. In accordance with 49 U.S.C. 31315 Federal Railroad Administration (FRA) 1320.8(d)(1), 1320.10(e)(1), 1320.12(a). and 31136(e), the proposed exemption hereby announces that it is seeking Specifically, FRA invites interested for each person will be valid for 2 years approval of the following information respondents to comment on the unless revoked earlier by the FMCSA. collection activities. Before submitting following summary of proposed The exemption will be revoked if: (1) these information collection information collection activities The person fails to comply with the requirements for clearance by the Office regarding (i) whether the information terms and conditions of the exemption; of Management and Budget (OMB), FRA collection activities are necessary for (2) the exemption has resulted in a is soliciting public comment on specific FRA to properly execute its functions, lower level of safety than was aspects of the activities identified including whether the activities will maintained before it was granted; or (3) below. continuation of the exemption would have practical utility; (ii) the accuracy of not be consistent with the goals and DATES: Comments must be received no FRA’s estimates of the burden of the objectives of 49 U.S.C. 31315 and 31136. later than September 25, 2000. information collection activities, If the exemption is effective at the end ADDRESSES: Submit written comments including the validity of the of the 2-year period, the person may on any or all of the following proposed methodology and assumptions used to apply to the FMCSA for a renewal under activities by mail to either: Mr. Robert determine the estimates; (iii) ways for procedures in effect at that time. Brogan, Office of Safety, Planning and FRA to enhance the quality, utility, and Evaluation Division, RRS–21, Federal clarity of the information being Request for Comments Railroad Administration, 1120 Vermont collected; and (iv) ways for FRA to In accordance with 49 U.S.C. 31315 Ave., N.W., Mail Stop 17, Washington, minimize the burden of information and 31136(e), the FMCSA is requesting D.C. 20590, or Ms. Dian Deal, Office of collection activities on the public by public comment from all interested Information Technology and automated, electronic, mechanical, or persons on the exemption petitions and Productivity Improvement, RAD–20, other technological collection the matters discussed in this notice. All Federal Railroad Administration, 1120 techniques or other forms of information comments received before the close of Vermont Ave., N.W., Mail Stop 35, technology (e.g., permitting electronic business on the closing date indicated Washington, D.C. 20590. Commenters submission of responses). See 44 U.S.C. above will be considered and will be requesting FRA to acknowledge receipt 3506(c)(2)(A)(i)–(iv); 5 C.F.R. available for examination in the docket of their respective comments must 1320.8(d)(1)(i)-(iv). FRA believes that

VerDate 112000 10:42 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\25JYN1.SGM pfrm04 PsN: 25JYN1 45826 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Notices soliciting public comment will promote Affected Public: Businesses. docketing and public notice. Because its efforts to reduce the administrative Respondent Universe: 430 Federal the sections affected, modes of and paperwork burdens associated with and State Railroad Inspectors. transportation, and the nature of the collection of information mandated Frequency of Submission: On application have been shown in earlier by Federal regulations. In summary, occasion. Federal Register publications, they are FRA reasons that comments received Estimated Annual Burden: 3,960 not repeated here. Requests for will advance three objectives: (i) Reduce hours. modifications of exemptions (e.g., to reporting burdens; (ii) ensure that it Status: Regular Review. provide for additional hazardous organizes information collection Pursuant to 44 U.S.C. 3507(a) and 5 materials, packaging design changes, requirements in a ‘‘user friendly’’ format C.F.R. 1320.5(b), 1320.8(b)(3)(vi), FRA additional mode of transportation, etc.) to improve the use of such information; informs all interested parties that it may are described in footnotes to the and (iii) accurately assess the resources not conduct or sponsor, and a application number. Application expended to retrieve and produce respondent is not required to respond numbers with the suffix ‘‘M’’ denote a information requested. See 44 U.S.C. to, a collection of information unless it modification request. These 3501. displays a currently valid OMB control applications have been separated from Below is a brief summary of proposed number. the new applications for exemptions to new information collection activities Authority: 44 U.S.C. 3501–3520. facilitate processing. that FRA will submit for clearance by DATES: Comments must be received on OMB as required under the PRA: Margaret B. Reid, Title: Regional Inspection Point Acting Director, Office of Information or before August 9, 2000. Listing Forms. Technology and Support Systems, Federal ADDRESS COMMENTS TO: Records Center, OMB Control Number: 2130–New. Railroad Administration. Research and Special Programs Abstract: Through a direct [FR Doc. 00–18780 Filed 7–24–00; 8:45 am] Administration, U.S. Department of comparison of inspection data with BILLING CODE 4910±06±P Transportation, Washington, DC 20590. accident/incident data, the collection of Comments should refer to the information proposes to develop a application number and be submitted in DEPARTMENT OF TRANSPORTATION profile county-by-county of what there triplicate. If confirmation of receipt of is to inspect, and how much inspection comments is desired, include a self- activity was done by Federal and State Research and Special Programs Administration Office of Hazardous addressed stamped postcard showing railroad inspectors each year the exemption number. nationwide. The information collected Materials Safety; Notice of FOR FURTHER INFORMATION: will produce ‘‘snapshots’’ which will Applications for Modification of Copies of the allow FRA to determine where the gaps Exemption applications are available for inspection in the Records Center, Nassif Building, are in inspection territories so that it can AGENCY: Research and Special Programs 400 7th Street SW, Washington, DC or focus inspection resources where they Administration, DOT. at http://dms.dot.gov. will do the most good. As a result of the ACTION: List of applications for This notice of receipt of applications proposed information collection, FRA modification of exemptions. will be better able to equalize inspector for modification of exemptions is workloads, and will be better able to SUMMARY: In accordance with the published in accordance with Part 107 make informed hiring decisions procedures governing the application of the Federal hazardous materials regarding the most effective placement for, and the processing of, exemptions transportation law (49 U.S.C. 5117(b); of new inspectors. More targeted from the Department of Transportation’s 49 CFR 1.53(b)). inspections will permit FRA to Hazardous Materials Regulations (49 Issued in Washington, DC, on July 19, maximize its limited resources, and will CFR Part 107, Subpart B), notice is 2000. serve to enhance overall safety on the hereby given that the Office of R. Ryan Posten, nation’s rail system. Hazardous Materials Safety has received Exemptions Program Officer, Officer of Form Number(s): FRA F 6180.106(a)- the applications described herein. This Hazardous Materials; Exemptions and (e). notice is abbreviated to expedite Approvals.

Application Modification of number Docket number Applicant exemption

3187±M ...... PPG Industries, Inc., Pittsburgh, PA (See Footnote 1) ...... 3187 11506±M ..... OEA Inc., Denver, CO (See Footnote 2) ...... 11506 12301±M ..... RSPA±1999± Steptoe & Johnson LLP, Washington, DC (See Footnote 3) ...... 12301 5903 (1) To authorize alternative packaging and the use of common carriers in exclusive use for the transportation of Division 5.2 materials. (2) To modify the exemption to authorize a design change using a welded flange and laser etching on the exterior of non-DOT specification pressure vessels for use as components of automobile vehicle safety systems. (3) To modify the exemption to waive the marking requirements so that shipping papers and cylinders do not have to bear the DOT exemption number.

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[FR Doc. 00–18778 Filed 7–24–00; 8:45 am] hereby given that the Office of addressed stamped postcard showing BILLING CODE 4910±60±M Hazardous Materials Safety has received the exemption application number. the applications described herein. Each FOR FURTHER INFORMATION: Copies of the mode of transportation for which a applications (See Docket Number) are DEPARTMENT OF TRANSPORTATION particular exemption is requested is available for inspection at the New indicated by a number in the ‘‘Nature of Docket Management Facility, PL–401, at Research and Special Programs Application’’ portion of the table below Administration the U.S. Department of Transportation, as follows: 1—Motor vehicle, 2—Rail Nassif Building, 400 7th Street, SW., Office of Hazardous Materials Safety; freight, 3—Cargo vessel, 4—Cargo Washington, DC 20590 or at http:// Notice of Applications for Exemptions aircraft only, 5—Passenger-carrying dms.dot.gov. aircraft. This notice of receipt of applications AGENCY: Research and Special Programs DATES: Comments must be received on Administration, DOT. for new exemptions is published in or before August 24, 2000. accordance with Part 107 of the Federal ACTION: List of applicants for ADDRESS COMMENTS TO: hazardous materials transportation law exemptions. Records Center, Research and Special Programs (49 U.S.C. 5117(b); 49 CFR 1.53(b)). SUMMARY: In accordance with the Administration, U.S. Department of Issued in Washington, DC, on July 19, procedures governing the application Transportation, Washington, DC 20590. 2000. for, and the processing of, exemptions Comments should refer to the R. Ryan Posten, from the Department of Transportation’s application number and be submitted in Exemptions Program Officer, Office of Hazardous Materials Regulations (49 triplicate. If confirmation of receipt of Hazardous Materials, Exemptions and CFR Part 107, Subpart B), notice is comments is desired, include a self- Approvals.

NEW EXEMPTIONS

Application No. Docket No. Applicant Regulation(s) affected Nature of exemption thereof

12481±N ...... RSPA±00± Trac Regulator Co., Inc., Mt. 49 CFR 173.306 ...... To authorize the transportation in commerce of 7594 Vernon, NY. a specially designed device consisting of non-specification outer packaging for use in transporting various hazardous materials. (modes 1, 2) 12491±N ...... RSPA±00± PPG Industries, Inc., Pitts- 49 CFR 171.12(b)(5), SP To authorize the transportation in commerce of 7595 burgh, PA. T17. dichlorophenyl isocyanate, Division 6.1 in IM 101 portable tanks. (modes 1, 3) 12492±N ...... RSPA±00± Honeywell International Inc., 49 CFR 173.304 ...... To authorize the transportation in commerce of 7593 Morristown, NJ. liquefied gas, n.o.s., Division 2.2 in DOT±3AL 1800 cylinders. (modes 1, 2, 3) 12493±N ...... RSPA±00± Caroline Power & Light Co, 49 CFR 174.67(i) & (j) ...... To authorize rail cars to remain attached to un- 7579 Southport, NC. loading devices during intermittent unloading of chlorine, Division 2.3 without the physical presence of an unloader. (mode 2) 12495±N ...... RSPA±00± South Carolina Electric & 49 CFR 171, 172, 173 ...... To authorize the transportation in commerce of 7603 Gas Co., Jenkinsville, SC. radioactive material packages, Class 7, from one facility to another using state road that would be transported as essentially unregu- lated. (mode 1) 12497±N ...... RSPA±00± Henderson International 49 CFR 173.302(a)(1), To authorize the frame mounting and 7604 Technologies, Inc., Rich- 173.314(c). manifolding to a motor vehicle of seamless ardson, TX. steel tank cars tanks made in conformance with DOT Specification 107A for the transpor- tation in commerce of certain Division 2.2 gases. (mode 1)

[FR Doc. 00–18779 Filed 7–24–00; 8:45 am] Sunflour Railroad, Inc. (SFR), upon Railroad (DRI), operating in the State of BILLING CODE 4910±60±M SFR’s becoming a Class III railroad. Colorado. The transaction is scheduled to be Mars states that: (i) The rail lines to consummated on July 31, 2000. be operated by SFR and DRI do not DEPARTMENT OF TRANSPORTATION This transaction is related to STB connect; (ii) the transaction is not part Surface Transportation Board Finance Docket No. 33903, Sunflour of a series of anticipated transactions Railroad, Inc.—Acquisition and that would result in such a connection; [STB Finance Docket No. 33904] Operation Exemption—Soo Line and (iii) the transaction does not involve Railroad Company, wherein SFR seeks a Class I carrier. Therefore, the Thomas Z. MarsÐContinuance in to acquire from Soo Line Railroad transaction is exempt from the prior Control ExemptionÐSunflour Railroad, Company and operate an approximately approval requirements of 49 U.S.C. Inc. 26.3-mile rail line extending from 11323. See 49 CFR 1180.2(d)(2). Thomas Z. Mars (Mars), an Rosholt to Veblen, SD. Under 49 U.S.C. 10502(g), the Board individual, has filed a notice of Mars currently controls one existing may not use its exemption authority to exemption to continue in control of the Class III railroad: Denver Rock Island relieve a rail carrier of its statutory

VerDate 112000 16:48 Jul 24, 2000 Jkt 190000 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\25JYN1.SGM pfrm08 PsN: 25JYN1 45828 Federal Register / Vol. 65, No. 143 / Tuesday, July 25, 2000 / Notices obligation to protect the interests of its The transaction is scheduled to be Development Service Scientific Merit employees. Section 11326(c), however, consummated on July 31, 2000. Review Board will be held at the does not provide for labor protection for This transaction is related to STB Crowne Plaza Hotel, 1001 14th Street, transactions under sections 11324 and Finance Docket No. 33904, Thomas Z. NW, Washington, DC on August 1, 2000 11325 that involve only Class III rail Mars—Continuance in Control through August 2, 2000. carriers. Because this transaction Exemption—Sunflour Railroad, Inc., The sessions on August 1 and August involves Class III rail carriers only, the wherein Thomas Z. Mars has 2, 2000, are scheduled to begin at 8:30 Board, under the statute, may not concurrently filed a verified notice to a.m. and end at 6:30 p.m. The purpose impose labor protective conditions for continue in control of SFR upon its of the meeting is to review rehabilitation this transaction. becoming a Class III rail carrier. research and development applications If the notice contains false or If the verified notice contains false or for scientific and technical merit and to misleading information, the exemption misleading information, the exemption make recommendations to the Director, is void ab initio. Petitions to revoke the is void ab initio. Petitions to reopen the Rehabilitation Research and exemption under 49 U.S.C. 10502(d) proceeding to revoke the exemption Development Service, regarding their may be filed at any time. The filing of under 49 U.S.C. 10502(d) may be filed funding. a petition to revoke will not at any time. The filing of a petition to The meeting will be open to the automatically stay the transaction. revoke will not automatically stay the public for the August 1 session from An original and 10 copies of all transaction. 8:30 a.m. to 9 a.m. for the discussion of pleadings, referring to STB Finance An original and 10 copies of all administrative matters, the general Docket No. 33904, must be filed with pleadings, referring to STB Finance status of the program, and the the Surface Transportation Board, Office Docket No. 33903, must be filed with administrative details of the review of the Secretary, Case Control Unit, 1925 the Surface Transportation Board, Office process. On August 1 from 9 a.m. K Street, NW, Washington, DC 20423– of the Secretary, Case Control Unit, 1925 through August 2, 2000, the meeting is 0001. In addition, a copy of each K Street, NW, Washington, DC 20423– closed during which the Board will be pleading must be served on William C. 0001. In addition, a copy of each reviewing research and development Sippel, Esq., Fletcher & Sippel LLC, pleading must be served on William C. applications. Two Prudential Plaza, Suite 3125, 180 Sippel, Esq., Fletcher & Sippel LLC, This review involves oral comments, North Stetson Avenue, Chicago, IL Two Prudential Plaza, Suite 3125, 180 discussion of site visits, staff and 60601–6721. North Stetson Avenue, Chicago, IL consultant critiques of proposed Board decisions and notices are 60601–6721. research protocols, and similar available on our website at Board decisions and notices are analytical documents that necessitate ‘‘WWW.STB.DOT.GOV.’’ available on our website at the consideration of the personal Decided: July 19, 2000. ‘‘WWW.STB.DOT.GOV.’’ qualifications, performance and By the Board, David M. Konschnik, Decided: July 19, 2000. competence of individual research Director, Office of Proceedings. By the Board, David M. Konschnik, investigators. Disclosure of such Vernon A. Williams, Director, Office of Proceedings. information would constitute a clearly Secretary. Vernon A. Williams, unwarranted invasion of personal [FR Doc. 00–18798 Filed 7–24–00; 8:45 am] Secretary. privacy. Disclosure would also reveal BILLING CODE 4910±00±P [FR Doc. 00–18797 Filed 7–24–00; 8:45 am] research proposals and research underway, which could lead to the loss BILLING CODE 4915±00±P of these projects to third parties and DEPARTMENT OF TRANSPORTATION thereby frustrate future agency research efforts. DEPARTMENT OF VETERANS Surface Transportation Board Thus, the closing is in accordance AFFAIRS [STB Finance Docket No. 33903] with 5 U.S.C. 552b(c)(6), and (c)(9)(B) Rehabilitation Research and and the determination of the Secretary Sunflour Railroad, Inc.ÐAcquisition Development Service Scientific Merit of the Department of Veterans Affairs and Operation ExemptionÐSoo Line Review Board, Notice of Meeting under Section 10(d) of Public Law 92– Railroad Company 463 as amended by Section 5(c) of The Department of Veterans Affairs Public Law 94–409. Sunflour Railroad, Inc. (SFR), a gives notice under Public Law 92–463 Those who plan to attend the open noncarrier, has filed a verified notice of (Federal Advisory Committee Act) as sessions should write to Ms. Victoria exemption under 49 CFR 1150.31 to amended, by section 5(c) of Public Law Mongiardo, Program Analyst, acquire from Soo Line Railroad 94–409, that a meeting of the Rehabilitation Research and Company (Soo) and operate Rehabilitation Research and Development Service (122P), approximately 26.3 miles of rail line Department of Veterans Affairs, 810 extending from a connection with Soo at No. 51), Soo Line Railroad Company— Vermont Avenue, NW, Washington, DC milepost 210.0, near Rosholt, to the end Abandonment—in Roberts County, SD. The 20420 (Phone: 202–408–3684) at least of track at milepost 236.3, in Veblen, in abandonment of the western portion of the Rosholt- five days before the meeting. Marshall and Roberts Counties, SD Veblen line from Claire City to Veblen was previously exempted by the Board in Soo Line (Rosholt-Veblen line).1 Dated: July 17, 2000. Railroad Company—Abandonment Exemption—in By direction of the Secretary. Marshall and Roberts Counties, SD, STB Docket No. 1 According to the verified notice of exemption, AB–57 (Sub-No. 50X) (STB served Jan. 11, 2000). Marvin R. Eason, Soo will withdraw its abandonment application for The verified notice of exemption further indicates Committee Management Officer. the eastern portion of the Rosholt-Veblen line, from that Soo has not consummated that abandonment. Rosholt to west of Claire City, SD, now pending Thus, Soo is now proposing to sell the Rosholt- [FR Doc. 00–18687 Filed 7–24–00; 8:45 am] before the Board in STB Docket No. AB–57 (Sub- Veblen line instead of abandoning it. BILLING CODE 8320±01±M

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Corrections Federal Register Vol. 65, No. 143

Tuesday, July 25, 2000

This section of the FEDERAL REGISTER July 20, 2000, make the following Wednesday, July 19, 2000, make the contains editorial corrections of previously correction: following corrections: published Presidential, Rule, Proposed Rule, and Notice documents. These corrections are §81.329 [Corrected] §1301.12 [Corrected] prepared by the Office of the Federal On page 45244, in §81.329, in 1. On page 44678, in the third Register. Agency prepared corrections are footnote 2 ‘‘January 16, 2000’’ should column, in §1301.12(b)(4), thirteen lines issued as signed documents and appear in read ‘‘January 16, 2001’’. the appropriate document categories from the bottom, ‘‘with thirty’’ should elsewhere in the issue. [FR Doc. C0–17472 Filed 7–24–00; 8:45 am] read ‘‘within thirty’’. BILLING CODE 1505±01±DCORRECTIONS §1301.77 [Corrected] 2. On page 44679, in the first column, ENVIRONMENTAL PROTECTION DEPARTMENT OF JUSTICE AGENCY in §1301.77, in paragraph (c), in the first Drug Enforcement Administration line ‘‘substance’’ should read 40 CFR Part 81 ‘‘substances’’. 21 CFR Parts 1301 and 1307 3. On the same page, in the same [FRL-6733-3] column, in the same section, in the [DEA-143F] same paragraph, in the third line ‘‘must RIN 2060-ZA08 RIN 1117-AA36 packed’’ should read ‘‘must be packed’’. Rescinding Findings That the 1-Hour Establishment of Freight Forwarding §1307.12 [Corrected] Ozone Standard No Longer Applies in Facilities for DEA Distributing 4. On page 44679, in the second Certain Areas Registrants column, in §1307.12(a), ‘‘957(b)(1)’’ Correction Correction should read ‘‘957(b)(1))’’. In rule document 00–17472 beginning In rule document 00–18147 beginning [FR Doc. C0–18147 Filed 7–24–00; 8:45 am] on page 45182 in the issue of Thursday, on page 44674 in the issue of BILLING CODE 1505±01±D

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Reader Aids Federal Register Vol. 65, No. 143 Tuesday, July 25, 2000

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JULY

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 523±5227 3 CFR 905...... 41608, 42642 927...... 41018 Presidential Documents Proclamations: 4280...... 45319 Executive orders and proclamations 523±5227 7325...... 41313 7326...... 41547 The United States Government Manual 523±5227 8 CFR 7327...... 41865 103...... 43528 7328...... 42595 Other Services 214...... 43528 7329...... 43673 236...... 43677 Electronic and on-line services (voice) 523±4534 7330...... 44641 274a...... 43677 Privacy Act Compilation 523±3187 7731...... 45701 299...... 43677 Public Laws Update Service (numbers, dates, etc.) 523±6641 Executive Orders: Proposed Rules: TTY for the deaf-and-hard-of-hearing 523±5229 13129 (See Notice of 3...... 44476 June 30, 2000)...... 41549 103...... 43527 13161...... 41543 ELECTRONIC RESEARCH 212...... 44477 13162...... 43211 214...... 43527 World Wide Web Administrative Orders: 248...... 43527 Memorandums: Full text of the daily Federal Register, CFR and other 264...... 43527 July 5, 2000 ...... 43213 publications: July 17, 2000 ...... 45511 9 CFR http://www.access.gpo.gov/nara Notices: 74...... 45275 Federal Register information and research tools, including Public June 30, 2000...... 41549 94...... 43680, 43682 Inspection List, indexes, and links to GPO Access: Presidential 130...... 44947 Determinations: 590...... 44948 http://www.nara.gov/fedreg No. 2000-25 of June Proposed Rules: E-mail 29, 2000 ...... 42273 No. 2000-26 of July 7, 1...... 42304 PENS (Public Law Electronic Notification Service) is an E-mail 2000 ...... 44403 2...... 42304 service for notification of recently enacted Public Laws. To 391...... 45545 subscribe, send E-mail to 5 CFR 590...... 45545 [email protected] 3...... 41867 10 CFR with the text message: 177...... 44945 178...... 40967 2...... 44649 subscribe PUBLAWS-L your name 213...... 41867 50...... 44649 Use [email protected] only to subscribe or unsubscribe to 315...... 41867 170...... 44574 PENS. We cannot respond to specific inquiries. 532...... 42597, 43215 171...... 44574 550...... 41868, 44643 Proposed Rules: Reference questions. Send questions and comments about the 54...... 42305 Federal Register system to: 591...... 44099, 44100 890...... 44644 55...... 41021 [email protected] 892...... 44644 71...... 44360 The Federal Register staff cannot interpret specific documents or 72...... 42647 7 CFR regulations. 490...... 44988 272...... 41321, 41752 273...... 41321, 41752 11 CFR FEDERAL REGISTER PAGES AND DATE, JULY 274...... 41321 104...... 42619 40967±41320...... 3 723...... 41551 929...... 42598 12 CFR 41321±41550...... 5 931...... 41557 41551±41864...... 6 5...... 41559 947...... 42275 563b...... 43088 41865±42272...... 7 958...... 40967 575...... 43088 42273±42596...... 10 982...... 40970 700...... 44950 42597±42854...... 11 985...... 40973 701...... 44974 42855±43212...... 12 989...... 40975, 44405 702...... 44950 43213±43676...... 13 1140...... 44408 900...... 43969, 44414 43677±43960...... 14 1218...... 43961 915...... 41560 43961±44402...... 17 1230...... 43498 917...... 44414 44403±44640...... 18 1464...... 41551 925...... 40979 44641±44944...... 19 1735...... 42615 926...... 44414 44945±45274...... 20 Proposed Rules: 940...... 43969 45275±45510...... 21 205...... 43259 944...... 44414 215...... 45725 950 ...... 40979, 43969, 44414 45511±45700...... 24 225...... 45725 952...... 44414 45701±45830...... 25 226...... 45725 955...... 43969 245...... 45725 956...... 43969

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961...... 44414 211...... 40992 1420...... 41892 43695, 43697, 45289, 45290, 966...... 43969 Proposed Rules: 1430...... 41892 45292, 45293, 45525 980...... 44414 210...... 43148 Proposed Rules: 24 CFR Proposed Rules: 240...... 43148 100...... 45326 205...... 44481 960...... 42518 165...... 45328 226...... 42092, 45547 18 CFR 964...... 42512 563b...... 43092 284 ...... 41581, 41873, 43688 982...... 42508 34 CFR 575...... 43088 Proposed Rules: Proposed Rules: 99...... 41852 917...... 43408 284...... 41885 15...... 42578 925...... 43408 27...... 41538 36 CFR 930...... 43408 19 CFR 290...... 41538 Proposed Rules: 931...... 43408 Ch. I ...... 42634 990...... 42488 800...... 42834 932...... 43408 4...... 44432 1191...... 45331 25 CFR 933...... 43408 132...... 43689 956...... 43408 163...... 43689 Proposed Rules: 37 CFR 960...... 43408 Proposed Rules: 15...... 43874 Proposed Rules: 4...... 42893 84...... 43874 1...... 42309 13 CFR 19...... 42893 114...... 43874 102...... 41903 120...... 42624 122...... 42893 115...... 43874 201...... 41612 121...... 44574, 45143 123...... 42893 162...... 43874 Proposed Rules: 127...... 42893 166...... 43874 38 CFR 123...... 43261 141...... 42893 580...... 45558 3...... 43699 142...... 42893 21...... 44979 14 CFR 26 CFR Proposed Rules: 20 CFR 35...... 42278 1 ...... 40993, 41332, 44436, 1...... 45332 39 ...... 40981, 40983, 40985, 404...... 42283, 42772 44437, 44574, 44679 9...... 44999 40988, 41326, 41869, 41871, 416...... 42283, 42772 31...... 44679 39...... 45333 42281, 42855, 43215, 43217, 655...... 43539 602...... 44437 43219, 43221, 43223, 43228, Proposed Rules: Proposed Rules: 39 CFR 43406, 44432, 44661, 44662, 655...... 43547 1 ...... 41610, 42900, 43723, 20...... 44438 44663, 44667, 44670, 44672, 44491, 44709 111...... 41877 44977, 45277, 45513, 45515, 21 CFR 27 CFR 775...... 41011 45517, 45703, 45705 73...... 41581, 41584 71 ...... 40990, 40991, 41328, 173...... 45522 275...... 45523 40 CFR 41329, 41330, 41576, 42856, 178...... 41874 Proposed Rules: 9...... 43586, 43840 42858, 42859, 42860, 43406, 179...... 45280 9...... 45739 50...... 45182 43683, 43684, 43686, 44435, 314...... 43233 28 CFR 51...... 45526 45425, 45519, 45520, 45521, 524...... 41587, 45282 52 ...... 41344, 41346, 41350, 45707, 45708 556...... 41588 0...... 44682 41352, 41355, 41592, 42290, 95...... 41578 558 ...... 41589, 41876, 45522, Proposed Rules: 42861, 43700, 43986, 43994, 97...... 43230, 43232 45711 540...... 44400 44683, 44685, 44981, 45294, Proposed Rules: 801...... 44432 544...... 44400 45297, 45718 Ch. 1 ...... 43265 821...... 43690 60...... 42292 29 CFR 13...... 41528 884...... 41330 62...... 43702 21...... 42796 895...... 43690 4022...... 43694 63...... 41594, 42292 36...... 42796 900...... 43690 4044...... 43694 81...... 45182, 45829 39 ...... 41381, 41385, 41884, 1300...... 44673 Proposed Rules: 112...... 43840 42306, 43265, 43720, 44013, 1301...... 44673, 45829 4022...... 41610 122...... 43586, 43840 44991, 44994, 44995, 44997, 1304...... 44673 4044...... 41610 123...... 43586, 43840 45319, 45323 1306...... 45712 124...... 43586, 43840 71 ...... 41387, 41388, 43406, 1307...... 44673, 45829 30 CFR 130...... 43586, 43840 43722 1308...... 43690 3...... 42769 180 ...... 41365, 41594, 41601, 255...... 45551 Proposed Rules: 250...... 41000 42863, 43704, 44448, 44454, 20...... 43269 Proposed Rules: 44470, 44473, 44689, 44693, 15 CFR 58...... 43269 70...... 42122, 45742 44696 30...... 42556 101...... 41029 72...... 42068, 45743 261...... 42291 732...... 42556 170...... 43269 75...... 42122, 45742 270...... 42292 740...... 42556, 43130 171...... 43269 90...... 42122, 45742 271...... 42871, 43246 743...... 42556 174...... 43269 250...... 41892 300...... 41369 748...... 42556 179...... 43269 934...... 44015 712...... 41371, 45535 750...... 42556 1271...... 44485 946...... 43723 Proposed Rules: 752...... 42556 52 ...... 41389, 41390, 41391, 22 CFR 758...... 42556 31 CFR 42312, 42649, 42900, 42907, 762...... 42556 124...... 45282 501...... 41334 42913, 42919, 43726, 43727, 772...... 42556, 43130 125...... 45282 598...... 41334 44709, 44710, 45002, 45003, 774 ...... 42556, 43130, 43406 126...... 45282, 45286 45335, 45566, 45743 902...... 43687 32 CFR 62...... 43730 23 CFR 199 ...... 41002, 45288, 45425 63...... 43730, 44616 16 CFR 1325...... 45713 80...... 42920 Proposed Rules: 1327...... 45713 33 CFR 81...... 42312 436...... 44484 Proposed Rules: 100...... 41003 82...... 42653 1500...... 44703 172...... 44486 117...... 45523, 45716 125...... 42936 450...... 41891 165 ...... 41004, 41005, 41007, 131...... 41216, 45569 17 CFR 771...... 41892 41009, 41010, 41342, 41590, 136...... 41391 143...... 45709 1410...... 41891 42287, 42289, 43236, 43244, 141...... 41031

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142...... 41031 47 CFR 532...... 41377 238...... 41282 146...... 42248 0...... 43713 537...... 41377 260...... 41838 180...... 45569 1...... 43995, 44576 552...... 41377 821...... 42637 260...... 42937 2...... 43995 1804...... 43717 Proposed Rules: 261...... 42937, 44492 15...... 43995 1807...... 45305 571...... 44710 268...... 42937 27...... 42879 1815...... 45305 594...... 44713 271 ...... 42937, 42960, 43284 51...... 44699 1825...... 45305 613...... 41891 300...... 41392, 45014 52...... 43251 1827...... 45306 621...... 41891 434...... 41613 54...... 44699 1835...... 45306 622...... 41892 64...... 43251 1842...... 45308 623...... 41892 1852...... 43717, 45306 41 CFR 73 ...... 41012, 41013, 41375, 1247...... 44509 Ch. 301 ...... 45299 41376, 41377, 44010, 44011, Proposed Rules: 60±741...... 45174 44476, 44984, 44985, 44986, 2...... 42852 50 CFR 101±49...... 45539 45720, 45721, 45722, 45723 3...... 42852 8...... 41264 223...... 42422, 42481 102±42...... 45539 80...... 43713 600...... 45308 90 ...... 43713, 43716, 43995 14...... 42852 15...... 41264, 42852 622 ...... 41015, 41016, 41379 42 CFR 95...... 43995 635...... 42883 101...... 41603 28...... 42852 59...... 41268 30...... 44710 648 ...... 41017, 43687, 45543 409...... 41128 Proposed Rules: 35...... 42852 660...... 45308 410...... 41128 1...... 41613 44...... 41264 679 ...... 41380, 41883, 42302, 411...... 41128 2...... 41032 52...... 41264, 42852 42641, 42888, 44011, 44699, 413...... 41128 24...... 41034 215...... 45574 44700, 44701, 45316, 45723, 424...... 41128 27...... 42960 225...... 41037 45745 484...... 41128 54...... 44507 242...... 41038 Proposed Rules: 73 ...... 41035, 41036, 41037, Proposed Rules: 252...... 41038 17 ...... 41404, 41405, 41782, 410...... 444176 41393, 41401, 41620, 41621, 538...... 44508 41812, 41917, 42316, 42662, 414...... 444176 44017, 44018, 44507, 45016, 552...... 44508 42962, 42973, 43450, 43730, 45017, 45743, 45744 1837...... 43730 44509, 44717, 45336 74...... 41401 45 CFR 25...... 42318 87...... 41032 49 CFR 32...... 42318 96...... 45301 1...... 41282 600...... 41622 1635...... 41879 48 CFR 80...... 44936 622...... 41041, 42978 501...... 41377 209...... 42529 635...... 44753 46 CFR 511...... 41377 211...... 42529 648...... 42979 298...... 45146 512...... 41377 215...... 41282 660...... 41424, 41426 356...... 44860 525...... 41377 220...... 41282 679 ...... 41044, 44018, 45579

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REMINDERS AGRICULTURE boundary expansion; Superfund program: The items in this list were DEPARTMENT correction; comments National oil and hazardous editorially compiled as an aid Animal and Plant Health due by 7-31-00; substances contingency to Federal Register users. Inspection Service published 6-6-00 planÐ Inclusion or exclusion from Plant-related quarantine, DEFENSE DEPARTMENT National priorities list this list has no legal domestic: Civilian health and medical update; comments due significance. Plum pox disease; interstate program of uniformed by 8-4-00; published 7- movement of articles from services (CHAMPUS): 5-00 Adams County, PA National Institutes of Health- National oil and hazardous RULES GOING INTO restricted; comments due sponsored clinical trials; substances contingency EFFECT JULY 25, 2000 by 8-1-00; published 6-2- coverage methodology; plan- 00 comments due by 7-31- National priorities list COMMERCE DEPARTMENT COMMERCE DEPARTMENT 00; published 5-31-00 update; comments due National Oceanic and Census Bureau TRICARE programÐ by 8-4-00; published 7- Atmospheric Administration 5-00 Decennial population Professional services in Fishery conservation and information: low-access locations; Water pollution; effluent management: payments; comments guidelines for point source State and local tabulations Northeastern United States due by 7-31-00; categories: reports pursuant to 13 published 5-30-00 fisheriesÐ U.S.C. 141(c); comments Centralized waste treatment Federal Acquisition Regulation Black sea bass; published due by 8-4-00; published and landfills; comments (FAR): 7-24-00 6-20-00 due by 8-4-00; published Contract action and 7-5-00 HEALTH AND HUMAN COMMERCE DEPARTMENT contracting action FARM CREDIT SERVICES DEPARTMENT National Oceanic and definitions; comments due ADMINISTRATION Food and Drug Atmospheric Administration by 7-31-00; published 5- Farm credit system: Administration Fishery conservation and 31-00 Standards of conduct and Animal drugs, feeds, and management: Transactions other than loan policies; comments related products: Alaska; fisheries of contracts, grants, or due by 7-31-00; published Halofuginone and roxarsone; Exclusive Economic cooperative agreements for 6-30-00 published 7-25-00 ZoneÐ prototype projects; JUSTICE DEPARTMENT Western Alaska comments due by 8-4-00; FEDERAL COMMUNICATIONS Drug Enforcement Community published 6-5-00 COMMISSION Administration Development Quota ENERGY DEPARTMENT Digital television stations; table Prescriptions: Program; comments Energy Efficiency and due by 7-31-00; of assignments: Facsimile transmission for Renewable Energy Office published 5-30-00 Oklahoma; comments due patients enrolled in Commercial and industrial by 7-31-00; published 6- hospice programs; Caribbean, Gulf of Mexico, equipment; energy 16-00 published 7-25-00 and South Atlantic conservation program: fisheries Commercial heating, air Texas; comments due by 7- TRANSPORTATION 31-00; published 6-16-00 DEPARTMENT South Atlantic snapper- conditioning, and water grouper; comments due heating equipment; Radio stations; table of Coast Guard by 8-2-00; published 7- workshop; comments due assignments: Ports and waterways safety: 3-00 by 7-31-00; published 5- Arizona; comments due by Arkansas River, TN; Caribbean, Gulf, and South 15-00 7-31-00; published 7-3-00 published 7-10-00 Atlantic fisheriesÐ ENVIRONMENTAL Missouri; comments due by TRANSPORTATION Caribbean Fishery PROTECTION AGENCY 8-4-00; published 7-3-00 DEPARTMENT Management Council; Air quality implementation FEDERAL EMERGENCY Federal Aviation meetings; comments plans; approval and MANAGEMENT AGENCY due by 7-31-00; Administration promulgation; various Flood insurance program: published 6-30-00 States: Airworthiness directives: Insurance coverage and West Coast State and Ayres Corp.; published 6-7- Connecticut; comments due ratesÐ 00 Western Pacific by 7-31-00; published 6- fisheriesÐ 30-00 Standard Flood Insurance Boeing; published 7-20-00 Policy; changes; Pacific Coast groundfish; Florida; comments due by comments due by 7-31- comments due by 8-3- 8-4-00; published 6-20-00 00; published 5-31-00 COMMENTS DUE NEXT 00; published 7-5-00 Indiana; comments due by WEEK West Coast States and 8-4-00; published 7-5-00 GENERAL SERVICES ADMINISTRATION Western Pacific Massachusetts; comments AGRICULTURE fisheriesÐ due by 8-4-00; published Federal Acquisition Regulation DEPARTMENT Pacific Coast groundfish; 7-5-00 (FAR): Agricultural Marketing comments due by 8-2- Oregon; comments due by Contract action and Service 00; published 7-21-00 8-4-00; published 7-5-00 contracting action definitions; comments due Cherries (tart) grown inÐ Ocean and coastal resource Hazardous waste program by 7-31-00; published 5- Michigan et al.; comments management: authorizations: 31-00 due by 8-1-00; published Marine sanctuariesÐ Hawaii; comments due by 6-2-00 Florida Keys National 8-4-00; published 6-22-00 HEALTH AND HUMAN SERVICES DEPARTMENT Peanut promotion, research, Marine Sanctuary; Pesticides; tolerances in food, and information order: boundary expansion; animal feeds, and raw Health Care Financing National Peanut Board; comments due by 7-31- agricultural commodities: Administration membership; comments 00; published 5-18-00 Methyl parathion; comments Medicare Program: due by 8-1-00; published Florida Keys National due by 8-1-00; published State health insurance 6-2-00 Marine Sanctuary; 6-2-00 assistance program; terms

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and conditions; comments Contract action and operations; comments Superintendent of Documents, due by 7-31-00; published contracting action due by 7-31-00; U.S. Government Printing 6-1-00 definitions; comments due published 5-2-00 Office, Washington, DC 20402 INTERIOR DEPARTMENT by 7-31-00; published 5- TRANSPORTATION (phone, 202±512±1808). The Fish and Wildlife Service 31-00 DEPARTMENT text will also be made available on the Internet from Endangered and threatened TRANSPORTATION National Highway Traffic GPO Access at http:// species: DEPARTMENT Safety Administration Buena Vista Lake shrew; Coast Guard www.access.gpo.gov/nara/ Consumer information: index.html. Some laws may comments due by 7-31- Drawbridge operations: 00; published 6-1-00 Passenger cars and light not yet be available. Louisiana; comments due by multipurpose passenger Critical habitat 7-31-00; published 5-10- designationsÐ vehicles and trucks; H.R. 4425/P.L. 106±246 00 rollover prevention; Coastal California comments due by 7-31- gnatcatcher; comments TRANSPORTATION Making appropriations for 00; published 6-1-00 due by 7-31-00; DEPARTMENT military construction, family published 6-29-00 Federal Aviation TRANSPORTATION housing, and base realignment Nesogenes rotensis, etc.; Administration DEPARTMENT and closure for the comments due by 7-31- Airworthiness directives: Saint Lawrence Seaway Department of Defense for the 00; published 6-1-00 Boeing; comments due by Development Corporation fiscal year ending September 30, 2001, and for other Importation, exportation, and 7-31-00; published 6-15- Seaway regulations and rules: transportation of wildlife: 00 purposes. (July 13, 2000; 114 Miscellaneous amendments; Stat. 511) Injurious wildlifeÐ Dornier; comments due by comments due by 7-31- Black carp; information 7-31-00; published 6-30- 00; published 6-29-00 Last List July 12, 2000 review; comments due 00 TREASURY DEPARTMENT by 8-1-00; published 6- International Aero Engines; Internal Revenue Service 2-00 comments due by 7-31- JUSTICE DEPARTMENT Income taxes: 00; published 6-30-00 Public Laws Electronic Immigration and Cafeteria plans; tax Israel Aircraft Industries, Notification Service Naturalization Service Ltd.; comments due by 7- treatment Immigration: 31-00; published 6-30-00 Hearing; comments due (PENS) AliensÐ Raytheon; comments due by by 8-3-00; published 7- Detention of aliens 7-31-00; published 6-16- 14-00 ordered removed; 00 PENS is a free electronic mail comments due by 7-31- Short Brothers; comments notification service of newly 00; published 6-30-00 due by 7-31-00; published LIST OF PUBLIC LAWS enacted public laws. To LABOR DEPARTMENT 6-30-00 subscribe, go to www.gsa.gov/ This is a continuing list of Mine Safety and Health Turbomeca; comments due archives/publaws-l.html or public bills from the current Administration by 7-31-00; published 5- send E-mail to session of Congress which Coal mine and metal and 31-00 [email protected] with have become Federal laws. It nonmetal mine safety and Class E airspace; comments the following text message: health: may be used in conjunction due by 8-3-00; published 6- with ``P L U S'' (Public Laws Underground minesÐ 22-00 SUBSCRIBE PUBLAWS-L Diesel particulate matter Update Service) on 202±523± Your Name. exposure of miners; TRANSPORTATION 6641. This list is also DEPARTMENT available online at http:// comments due by 7-31- Note: This service is strictly Federal Motor Carrier Safety www.nara.gov/fedreg. 00; published 6-30-00 for E-mail notification of new Administration NATIONAL AERONAUTICS The text of laws is not laws. The text of laws is not AND SPACE Motor carrier safety standards: published in the Federal available through this service. ADMINISTRATION Drivers' hours of serviceÐ Register but may be ordered PENS cannot respond to Federal Acquisition Regulation Fatigue prevention; driver in ``slip law'' (individual specific inquiries sent to this (FAR): rest and sleep for safe pamphlet) form from the address.

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