Pages 23007±23164 Vol. 64 4±29±99 eDt 6AR9 65 p 8 99Jt134 O000Fm001Ft41 ft41 :F\M2AW.X fm1PsN:29APWS pfrm01 E:\FR\FM\29APWS.XXX Sfmt4710 Fmt4710 Frm00001 PO00000 Jkt183247 16:58Apr28, 1999 VerDate 26-APR-99 No. 82 federal register April 29,1999 Thursday announcement ontheinsidecoverofthisissue. For informationonbriefingsinWashington,DC,see Briefings onhowtousetheFederalRegister 1 II Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999
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Contents Federal Register Vol. 64, No. 82
Thursday, April 29, 1999
Agricultural Marketing Service Double EE Service, Inc., 23116 RULES General Electric Co., 23116 Hazelnuts grown in— Johnson & Johnson Medical, Inc., 23116–23117 Oregon and Washington, 23011–23014 Longview Fiber Co. et al., 23117 Olives grown in— Mitel, Inc., et al., 23117–23118 California, 23009–23011 Motorola, 23118 NOTICES Motorola Inc., 23118 Agency information collection activities: National Oilwell, 23118 Proposed collection; comment request, 23048–23049 Patterson Drilling Co., 23118–23119 Schlumberger Technology Corp., 23119 Agriculture Department Wood Group Pressure Control, 23119 See Agricultural Marketing Service NAFTA transitional adjustment assistance: See Food and Nutrition Service Ansell Protective Products, 23119 Ithaca Industries, Inc., 23120 Antitrust Division Motorola Inc., 23120 NOTICES Siebe Appliance Controls et al., 23120–23122 Competitive impact statements and proposed consent judgments: Energy Department SBC Communications, Inc. and Ameritech Corp., 23099– See Federal Energy Regulatory Commission 23114 NOTICES Environmental statements; availability, etc.: Centers for Disease Control and Prevention East Technology Tennessee Technology Park, TN, et al.; NOTICES alternative strategies for long-term management and Grants and cooperative agreements; availability, etc.: use of depleted uranium hexafluoride, 23058–23059 Human immunodeficiency virus (HIV)— African Americans; community based prevention Environmental Protection Agency projects, 23076–23083 PROPOSED RULES Air pollution control; new motor vehicles and engines: Coast Guard New nonroad spark-ignition engines rated above 19 NOTICES kilowatts and new land-based recreational spark- Committees; establishment, renewal, termination, etc.: ignition engines, 23030 Towing Safety Advisory Committee, 23148 Water pollution control: Ocean dumping; site designations— Commerce Department San Francisco Deep Ocean Disposal Site, CA, 23030– See Export Administration Bureau 23036 See Foreign-Trade Zones Board NOTICES See International Trade Administration Agency information collection activities: See National Oceanic and Atmospheric Administration Proposed collection; comment request, 23069–23070 Submission for OMB review; comment request, 23071 Customs Service Air pollution control; new motor vehicles and engines: NOTICES Urban buses (1993 and earlier model years); retrofit/ Customhouse broker license cancellation, suspension, etc.: rebuild requirements; equipment certification— Trimodal International, Inc., 23161 Engelhard Corp., 23072–23074 World Freight Forwarders, Inc., et al., 23161–23162 IRS interest rates used in calculating interest on overdue Equal Employment Opportunity Commission accounts and refunds, 23162–23163 RULES Procedural regulations: Defense Department Designated and notice agencies; CFR correction, 23019 See Navy Department Executive Office of the President Drug Enforcement Administration See Presidential Documents NOTICES Applications, hearings, determinations, etc.: Export Administration Bureau Mallinckrodt Chemical, Inc., 23114 NOTICES Export privileges, actions affecting: Employment and Training Administration Export Materials, Inc., et al., 23049–23051 NOTICES Thane-Coat, Inc., et al., 23051–23052 Adjustment assistance: Baker Oil Tools, 23115 Federal Aviation Administration Buckeye, Inc., 23115 RULES Buster Brown Apparel, Inc., 23115 Airworthiness directives: Computalog U.S.A., Inc., 23116 Bell, 23016–23017
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PROPOSED RULES Fish and Wildlife Service Class D and Class E airspace, 23028–23029 RULES Importation, exportation, and transportation of wildlife: Federal Communications Commission Qualified fur trappers; user fee exemptions, 23022–23025 RULES NOTICES Radio stations; table of assignments: Endangered and threatened species permit applications, Oregon, 23022 23095–23096 PROPOSED RULES Radio stations; table of assignments: Food and Drug Administration New Mexico, 23036 RULES Television stations; table of assignments: Animal drugs, feeds, and related products: Arizona and Nevada, 23036–23037 Piperazine, 23017–23019 NOTICES Federal Energy Regulatory Commission FDA Modernization Act of 1997; implementation: NOTICES Mercury compounds in drugs and food; comment and Electric rate and corporate regulation filings: data request, 23083–23086 Virginia Electric & Power Co. et al., 23062–23064 Human drugs: Environmental statements; notice of intent: Patent extensions; regulatory review period Questar Southern Trails Pipeline Co., 23065–23068 determinations— Hydroelectric applications, 23068–23069 Amerge, 23086 Applications, hearings, determinations, etc.: Meetings: Dauphin Island Gathering Partners, 23059–23060 Medical Devices Advisory Committee, 23087 Destin Pipeline Co., L.L.C., 23060 Frontier Gas Storage Co., 23060 Food and Nutrition Service Geysers Statutory Trust, 23060 NOTICES Mid Louisiana Gas Co., 23061 Agency information collection activities: Public Service Co. of New Hampshire, 23061 Proposed collection; comment request, 23049 Sabine Pipe Line Co., 23061–23062 Steam Heat LLC, 23062 Foreign-Trade Zones Board Transcontinental Gas Pipe Line Corp., 23062 NOTICES Applications, hearings, determinations, etc.: Federal Highway Administration Louisiana, 23052–23053 NOTICES Environmental statements; notice of intent: Health and Human Services Department Pitkin, Eagle, and Garfield Counties, CO, 23149 See Centers for Disease Control and Prevention Federal Housing Finance Board See Food and Drug Administration See Health Care Financing Administration RULES See National Institutes of Health Affordable housing program operation: See Substance Abuse and Mental Health Services Program requirements clarification, 23014–23016 Administration Federal Maritime Commission RULES Health Care Financing Administration Ocean transportation intermediaries; licensing, financial NOTICES responsibility requirements, and general duties Agency information collection activities: Correction, 23019–23020 Submission for OMB review; comment request, 23087– Tariffs and service contracts: 23088 Carrier automated tariff systems, 23020–23022 NOTICES Housing and Urban Development Department Agreements filed, etc., 23074 NOTICES Casualty and nonperformance certificates: Agency information collection activities: Celebrity Cruises et al., 23074 Proposed collection; comment request, 23092–23094 Seabourn Cruise Line et al., 23075 Indian Affairs Bureau Federal Reserve System NOTICES NOTICES Tribal-State Compacts approval; Class III (casino) gambling: Banks and bank holding companies: Menominee Indian Tribe of Wisconsin, 23096 Change in bank control, 23075 Formations, acquisitions, and mergers, 23075 Interior Department Formations, acquisitions, and mergers; correction, 23075 See Fish and Wildlife Service See Indian Affairs Bureau Federal Retirement Thrift Investment Board See Land Management Bureau NOTICES See Minerals Management Service Meetings; Sunshine Act, 23076 International Trade Administration Federal Transit Administration NOTICES NOTICES Antidumping: Environmental statements; notice of intent: Carbon steel wire rod from— Pitkin, Eagle, and Garfield Counties, CO, 23149 Argentina, 23053
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Polyester staple fiber from— National Institutes of Health Korea and Taiwan, 23053–23056 NOTICES Silicon metal from— Meetings: Argentina, 23056 National Cancer Institute, 23088 Countervailing duties: National Heart, Lung, and Blood Institute, 23088 Cut-to-length carbon-quality steel plate from— National Institute of Environmental Health Sciences, Various countries, 23057 23089 Applications, hearings, determinations, etc.: National Institute on Alcohol Abuse and Alcoholism, Commerce Department, Pacific Marine Center, WA, et al., 23089 23056–23057 National Institute on Deafness and Other Communication North Carolina State University, 23057 Disorders, 23088–23089 Scientific Review Center, 23090–23091 International Trade Commission NOTICES National Oceanic and Atmospheric Administration Import investigations: RULES Agricultural tractors under 50 power take-off horsepower, Fishery conservation and management: 23098–23099 Caribbean, Gulf, and South Atlantic fisheries— Justice Department Red snapper, 23026 See Antitrust Division PROPOSED RULES See Drug Enforcement Administration Fishery conservation and management: RULES Caribbean, Gulf, and South Atlantic fisheries— Freedom of Information Act; implementation: Gulf of Mexico shrimp, 23039–23047 Production or disclosure of material or information; CFR correction, 23019 National Science Foundation NOTICES Labor Department Meetings: See Employment and Training Administration Biological Infrastructure Advisory Panel, 23127–23128 See Labor Statistics Bureau Biomolecular Processes Advisory Panel, 23128 Experimental and Integrative Activities Committee of Labor Statistics Bureau Visitors, 23128 NOTICES Infrastructure, Methods, and Science Studies Advisory Agency information collection activities: Panel, 23128–23129 Proposed collection; comment request, 23122–23126 Physics Special Emphasis Panel, 23129 Land Management Bureau NOTICES Navy Department Closure of public lands: NOTICES Idaho, 23096 Environmental statements; availability, etc.: Management framework plans, etc.: Base realignment and closure— Utah, 23096–23097 Naval Air Station Alameda et al., CA, 23057–23058 Motor vehicle use restrictions: Oregon, 23097 Nuclear Regulatory Commission NOTICES Minerals Management Service Environmental statements; availability, etc.: PROPOSED RULES Florida Power & Light Co., Inc., 23133–23136 Outer Continental Shelf; oil, gas, and sulphur operations: Wolf Creek Nuclear Operating Corp., 23136 Lessee and contractor employees training program Export and import license applications for nuclear facilities Public workshop, 23029–23030 or materials: NOTICES Aldrich Chemical Co., 23137 Environmental statements; availability, etc.: Petitions; Director’s decisions: Western Gulf of Mexico OCS— North Atlantic Energy Service Corp. et al., 23137 Lease sales, 23097–23098 Applications, hearings, determinations, etc.: Indiana Michigan Power Co., 23129–23131 National Credit Union Administration Northern States Power Co., 23131–23133 NOTICES Agency information collection activities: Presidential Documents Proposed collection; comment request, 23126–23127 EXECUTIVE ORDERS National Highway Traffic Safety Administration Armed Forces, U.S.; ordering members of the Selected PROPOSED RULES Reserve and the Individual Ready Reserve to active Motor vehicle safety standards: duty (EO 13120), 23007 Occupant crash protection— Child restraint systems; head excursion requirement for Public Health Service rear-facing convertible restraints; petition denied, See Centers for Disease Control and Prevention 23037–23039 See Food and Drug Administration NOTICES See National Institutes of Health Fuel economy program, automotive; annual report to See Substance Abuse and Mental Health Services Congess, 23149–23161 Administration
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Railroad Retirement Board Substance Abuse and Mental Health Services NOTICES Administration Agency information collection activities: NOTICES Proposed collection; comment request, 23137–23138 Grants and cooperative agreements; availability, etc.: Predictor variables by developmental stage grantees and Securities and Exchange Commission research coordinating center, 23091–23092 NOTICES Self-regulatory organizations; proposed rule changes: Transportation Department American Stock Exchange LLC, 23138–23142 See Coast Guard New York Stock Exchange, Inc., 23142–23143 See Federal Aviation Administration Philadelphia Stock Exchange, Inc., 23144–23145 See Federal Highway Administration Small Business Administration See Federal Transit Administration See National Highway Traffic Safety Administration PROPOSED RULES Organization, functions, and authority delegations: Disaster Area Counsel et al.; administrative claims Treasury Department approval, denial, etc., 23027–23028 See Customs Service
Social Security Administration Veterans Affairs Department NOTICES NOTICES Agency information collection activities: Privacy Act: Submission for OMB review; comment request, 23145 Computer matching programs, 23163 State Department NOTICES Arms Export Control Act: Reader Aids Export licenses; Congressional notifications, 23145–23147 Consult the Reader Aids section at the end of this issue for Lethal military equipment; sanctions: phone numbers, online resources, finding aids, reminders, Russia, 23148 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 Executive Orders: 13120...... 23007 7 CFR 932...... 23009 982...... 23011 12 CFR 960...... 23014 13 CFR Proposed Rules: 114...... 23027 14 CFR 39...... 23016 Proposed Rules: 71...... 23028 21 CFR 520...... 23017 556...... 23017 28 CFR 16...... 23019 29 CFR 1601...... 23019 30 CFR Proposed Rules: 250...... 23029 40 CFR Proposed Rules: 83...... 23030 228...... 23030 46 CFR 510...... 23019 515...... 23019 520...... 23020 583...... 23019 47 CFR 73...... 23022 Proposed Rules: 73 (2 documents) ...... 23036 49 CFR Proposed Rules: 571...... 23037 50 CFR 14...... 23022 622...... 23026 Proposed Rules: 622...... 23039
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Federal Register Presidential Documents Vol. 64, No. 82
Thursday, April 29, 1999
Title 3— Executive Order 13120 of April 27, 1999
The President Ordering the Selected Reserve and Certain Individual Ready Reserve Members of the Armed Forces to Active Duty
By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 121 and 12304 of title 10, United States Code, I hereby determine that it is necessary to augment the active armed forces of the United States for the effective conduct of operations in and around the former Yugoslavia related to the conflict in Kosovo. Further, under the stated authority, I hereby authorize the Secretary of Defense, and the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Department of the Navy, under their respective jurisdictions, to order to active duty any units, and any individual members not assigned to a unit organized to serve as a unit, of the Selected Reserve, or any member in the Individual Ready Reserve mobilization category and designated as essential under regu- lations prescribed by the Secretary concerned, and to terminate the service of those units and members ordered to active duty. This order is intended only to improve the internal management of the executive branch and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person. œ–
THE WHITE HOUSE, April 27, 1999. [FR Doc. 99–10901 Filed 4–28–99; 8:45 am] Billing code 3195–01–P
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Rules and Regulations Federal Register Vol. 64, No. 82
Thursday, April 29, 1999
This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: order or to be exempted therefrom. A contains regulatory documents having general Terry Vawter, Marketing Specialist, handler is afforded the opportunity for applicability and legal effect, most of which California Marketing Field Office, a hearing on the petition. After the are keyed to and codified in the Code of Marketing Order Administration hearing the Secretary would rule on the Federal Regulations, which is published under Branch, F&V, AMS, USDA, 2202 petition. The Act provides that the 50 titles pursuant to 44 U.S.C. 1510. Monterey Street, suite 102B, Fresno, district court of the United States in any The Code of Federal Regulations is sold by California 93721; telephone: (559) 487– district in which the handler is an the Superintendent of Documents. Prices of 5901, Fax: (559) 487–5906; or George inhabitant, or has his or her principal new books are listed in the first FEDERAL Kelhart, Technical Advisor, Marketing place of business, has jurisdiction to REGISTER issue of each week. Order Administration Branch, F&V, review the Secretary’s ruling on the AMS, USDA, room 2525–S, PO Box petition, provided an action is filed not 96456, Washington, DC 20090–6456; later than 20 days after the date of the DEPARTMENT OF AGRICULTURE telephone: (202) 720–2491; Fax: (202) entry of the ruling. 720–5698. Small businesses may request Section 932.25 of the order provides Agricultural Marketing Service information on complying with this for the establishment of the committee 7 CFR Part 932 regulation, or obtain a guide on to locally administer the terms and complying with fruit, vegetable, and provisions of the order. The committee specialty crop marketing agreements is composed of 16 industry members, [Docket No. FV99±932±2 FIR] and orders by contacting Jay Guerber, each with an alternate. Of the 16 Olives Grown in California; Marketing Order Administration industry members, 8 are producers and Modification to Handler Membership Branch, Fruit and Vegetable Programs, 8 are handlers. This section also on the California Olive Committee AMS, USDA, PO Box 96456, room specifies how the handler membership 2525–S, Washington, DC 20090–6456; on the committee is allocated. Authority AGENCY: Agricultural Marketing Service, telephone: (202) 720–2491; Fax: (202) is provided for the committee, with the USDA. 720–5698, or E-mail: approval of the Secretary, to change the ACTION: Final rule [email protected]. You may view allocation of both producer and handler the marketing agreement and order members as may be necessary to assure SUMMARY: The Department of small business compliance guide at the equitable representation. Agriculture (Department) is adopting, as following web site: http:// Section 932.159 of the administrative a final rule, without change, the www.ams.usda.gov/fv/moab.html. rules and regulations provides that two provisions of an interim final rule SUPPLEMENTARY INFORMATION: This rule members shall represent cooperative modifying the handler membership on is issued under Marketing Agreement marketing organizations and six the California Olive Committee No. 148 and Order No. 932, both as members shall represent handlers who (committee). The committee locally amended (7 CFR part 932), regulating are not cooperative marketing administers the California olive the handling of olives grown in organizations. In addition, § 932.160 marketing order (order) which regulates California, hereinafter referred to as the limits to two the number of handler the handling of olives grown in ‘‘order.’’ The marketing agreement and members that may be affiliated with the California. The committee is composed order are effective under the same handler. of 16 industry members of which 8 are Agricultural Marketing Agreement Act The committee met on December 10, producers and 8 are handlers. of 1937, as amended (7 U.S.C. 601–674), 1998, and unanimously recommended Previously, handler membership was hereinafter referred to as the ‘‘Act.’’ modifying the rules and regulations to allocated between cooperative The Department is issuing this rule in remove the distinction between marketing organizations and conformance with Executive Order cooperative and independent handlers, independent handlers (handlers not 12866. and increase the limitation on the affiliated with cooperatives), and the This final rule has been reviewed number of handler members that may be number of handler members who may under Executive Order 12988, Civil affiliated with the same handler. It also have been affiliated with any one Justice Reform. This rule is not intended unanimously recommended that the two handler was limited to two. This rule to have retroactive effect. This rule will handlers who handled the largest and continues in effect the removal of the not preempt any State or local laws, second largest total volume of olives distinction between cooperative and regulations, or policies, unless they during the crop year in which independent handlers, continues in present an irreconcilable conflict with nominations are made and the effect the removal of the limitation on this rule. preceding crop year be represented by handler affiliation, and continues in The Act provides that administrative three members each, and that the third effect the reallocation of handler proceedings must be exhausted before largest handler be represented by two membership on the basis of the total parties may file suit in court. Under members. This rule continues in effect quantity of olives handled. These section 608c(15)(A) of the Act, any the modification of the committee’s modifications will allow two vacant handler subject to an order may file handler membership to reflect changes handler member positions on the with the Secretary a petition stating that within the handler segment of the committee to be filled. This rule was the order, any provision of the order, or industry, and to enable the committee to unanimously recommended by the any obligation imposed in connection operate at full strength; i.e., with all committee. with the order is not in accordance with eight handler and producer positions EFFECTIVE DATE: June 1, 1999. law and request a modification of the filled.
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The structure of the olive industry has handler being represented with two between cooperative marketing changed over the years and the number members. organizations and independent handlers of handlers, both cooperative and The reallocation of handler specifying that two members shall independent, has decreased. At one membership in § 932.159 makes the represent cooperative marketing time, there were a number of two-nominee limitation on affiliation organizations and six members shall cooperative marketing organizations and with the same handler specified in represent handlers who are not independent handlers and the § 932.160 unnecessary, and that section cooperative marketing organizations. committee’s structure was designed so is continued to be removed. The handler nominee provisions also that four of the eight handler seats were These changes are designed to modify specified that no more than two held by cooperatives and four were held the committee’s handler membership to nominees for handler member and by independents. This representation reflect structural changes within the alternate member positions may be was also weighted by the volume of handler segment of the industry, and to affiliated with the same handler. olives handled so that if one group, remove the former barriers to filling the This rule also continues in effect the either cooperatives or independents, two vacant handler positions on the modification of the order’s rules and handled 65 percent or more of the total committee. regulations to remove the distinction industry’s volume handled during the Pursuant to requirements set forth in between cooperative and independent nominating crop year and the preceding the Regulatory Flexibility Act (RFA), the handlers, and to specify that the number crop year, that group would have five Agricultural Marketing Service (AMS) of members representing each of the seats on the committee and the other has considered the economic impact of three currently existing industry group would have three seats. this action on small entities. handlers shall be based on the total In 1993, handler membership on the Accordingly, AMS has prepared this volume of olives handled during the committee was reallocated to reflect final regulatory flexibility analysis. nominating crop year and the preceding changes within the industry. The The purpose of the RFA is to fit crop year, with the two handlers number of industry handlers declined to regulatory actions to the scale of handling the largest and second largest only five handlers—one cooperative and business subject to such actions in order volume of olives represented by three four independents. At that time, that small businesses will not be unduly members and alternates each, and the § 932.159 of the order’s rules and or disproportionately burdened. remaining handler represented by two regulations was modified to reapportion Marketing orders issued pursuant to the members and alternates. In addition, handler membership to provide Act, and rules issued thereunder, are this rule continues in effect the removal cooperative handlers with two seats on unique in that they are brought about of provisions limiting the number of the committee and independent through group action of essentially members to which each handler is handlers with six seats. small entities acting on their own entitled because the limitation is no Since 1993, the number of handlers in behalf. Thus, both statutes have small longer necessary. The changes were the olive industry has continued to entity orientation and compatibility. unanimously recommended by the decline. Today there are three handlers There are 3 handlers of California committee and are intended to modify remaining—one cooperative and two olives who are subject to regulation the committee’s handler membership to independents. Because there is only one under the marketing order and reflect structural changes within the existing cooperative, the committee approximately 1,200 olive producers in handler segment of the industry, and to believes that the distinction regarding the regulated area. Small agricultural remove former barriers to filling two cooperative and independent handlers service firms have been defined by the vacant handler positions on the on the committee is no longer Small Business Administration (13 CFR committee. Authority for this rule is appropriate or necessary. 121.601) as those having annual receipts provided in § 932.25 which allows the Additionally, prior to the issuance of of less than $5,000,000, and small committee, with the approval of the the interim final rule, § 932.160 agricultural producers are defined as Secretary, to reallocate the committee’s specified that no more than two those having annual receipts of less than producer or handler membership as nominees for member and alternate $500,000. None of the olive handlers necessary to assure equitable member positions may be affiliated with may be classified as small entities. representation. the same handler. Because there are Based on a review of historical and Continuing in effect the removal of only three handlers remaining in the preliminary price and marketing the distinction between cooperative and industry, this restriction resulted in two information, total grower revenue for independent handlers will not have any vacant handler positions on the the 1998–99 crop year (August 1 impact on handlers or producers in the committee that could not be filled. through July 31) is estimated to be California olive industry. To allow these positions to be filled approximately $39,500,000, and the One alternative to this rule discussed and enable the committee to operate at average grower revenue will be at the meeting was to leave the language full strength, the committee approximately $33,000. Thus, it can be in § 932.159 unchanged; however, the recommended that § 932.159 be revised concluded that the majority of committee believed that the distinction to eliminate the distinction between producers of California olives may be between cooperative and independent cooperative marketing organizations and classified as small entities. was no longer appropriate, because independent handlers (or handlers not This rule continues in effect the there is only one existing cooperative in affiliated with a cooperative marketing modification of the order’s the industry and two independent organization). It also recommended that administrative rules and regulations handlers. Another alternative discussed the eight handler seats on the committee regarding the structure of handler at the meeting was to leave § 932.160 of be reallocated based on the total volume membership on the committee. The the order’s rules and regulations of olives handled during the crop year committee locally administers the order unchanged so that only two members in which nominations are made and the and is composed of 16 industry may be affiliated with the same handler, preceding crop year, with the handlers members. Eight of the 16 industry but with only three handlers currently handling the first and second largest members are producers and 8 are in the industry that would have resulted volume being represented with three handlers. Previously, handler in uneven representation between members each, and the remaining membership provisions distinguished growers with eight members and
VerDate 26-APR-99 10:01 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\A29AP0.011 pfrm03 PsN: 29APR1 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Rules and Regulations 23011 handlers with six members, and would DEPARTMENT OF AGRICULTURE SUPPLEMENTARY INFORMATION: This rule have failed to assure equitable is issued under Marketing Agreement representation on the committee as is Agricultural Marketing Service No. 115 and Order No. 982, both as required pursuant to § 932.25. amended (7 CFR part 982), regulating This rule will not impose any 7 CFR Part 982 the handling of hazelnuts grown in additional reporting or recordkeeping [Docket No. FV99±982±1 FIR] Oregon and Washington, hereinafter requirements on any of the three olive referred to as the ‘‘order.’’ The handlers. As with all Federal marketing Hazelnuts Grown in Oregon and marketing agreement and order are order programs, reports and forms are Washington; Establishment of Final effective under the Agricultural periodically reviewed to reduce Free and Restricted Percentages for Marketing Agreement Act of 1937, as information requirements and the 1998±99 Marketing Year amended (7 U.S.C. 601–674), hereinafter duplication by industry and public referred to as the ‘‘Act.’’ AGENCY: sector agencies. In addition, as noted in Agricultural Marketing Service, The Department is issuing this rule in USDA. the initial regulatory flexibility analysis, conformance with Executive Order the Department has not identified any ACTION: Final rule. 12866. relevant Federal rules that duplicate, SUMMARY: The Department of This rule has been reviewed under overlap, or conflict with this rule. Agriculture (Department) is adopting as Executive Order 12988, Civil Justice Further, the committee’s meeting was a final rule, without change, the Reform. It is intended that this rule widely publicized throughout the olive provisions of an interim final rule apply to all merchantable hazelnuts industry and all interested persons were which established interim and final free handled during the 1998–99 marketing invited to attend the meeting and and restricted percentages for domestic year (July 1, 1998, through June 30, participate in committee deliberations inshell hazelnuts for the 1998–99 1999). This rule will not preempt any on all issues. Like all committee marketing year under the Federal State or local laws, regulations, or meetings, the December 10, 1998, marketing order for hazelnuts grown in policies, unless they present an meeting was a public meeting and all Oregon and Washington. The irreconcilable conflict with this rule. The Act provides that administrative entities, both large and small, were able percentages allocate the quantity of proceedings must be exhausted before to express their views on this issue. All domestically produced hazelnuts which parties may file suit in court. Under three industry handlers are currently may be marketed in the domestic inshell section 608c(15)(A) of the Act, any represented on the committee and market. The percentages are intended to handler subject to an order may file participated in the deliberations. stabilize the supply of domestic inshell with the Secretary a petition stating that An interim final rule concerning this hazelnuts to meet the limited domestic the order, any provision of the order, or action was published in the Federal demand for such hazelnuts and provide any obligation imposed in connection Register on January 28, 1999. The reasonable returns to producers. This with the order is not in accordance with committee staff advised each handler of rule was recommended unanimously by law and request a modification of the such publication by personal contact. In the Hazelnut Marketing Board (Board), order or to be exempted therefrom. A addition, the rule was made available which is the agency responsible for handler is afforded the opportunity for through the Internet by the Office of the local administration of the order. Federal Register. That rule provided a a hearing on the petition. After the EFFECTIVE DATE: June 1, 1999. 60-day comment period, which ended hearing, the Secretary would rule on the FOR FURTHER INFORMATION CONTACT: March 29, 1999. No comments were petition. The Act provides that the Teresa L. Hutchinson, Northwest received. district court of the United States in any After consideration of all relevant Marketing Field Office, Fruit and district in which the handler is an material presented, including the Vegetable Programs, Agricultural inhabitant, or has his or her principal committee’s recommendation, and other Marketing Service, USDA, 1220 SW. place of business, has jurisdiction to information, it is found that finalizing Third Avenue, Room 369, Portland, OR review the Secretary’s ruling on the the interim final rule, without change, 97204; telephone: (503) 326–2724, Fax: petition, provided an action is filed not as published in the Federal Register (64 (503) 326–7440 or George J. Kelhart, later than 20 days after the date of the FR 4286), will tend to effectuate the Technical Advisor, Marketing Order entry of the ruling. declared policy of the Act. Administration Branch, Fruit and This rule continues in effect Vegetable Programs, AMS, USDA, Room marketing percentages which allocate List of Subjects in 7 CFR Part 932 2525–S, P.O. Box 96456, Washington, the quantity of inshell hazelnuts that Marketing agreements, Olives, DC 20090–6456; telephone: (202) 720– may be marketed in domestic markets. Reporting and recordkeeping 2491, Fax: (202) 720–5698. Small The Board is required to meet prior to requirements. businesses may request information on September 20 of each marketing year to complying with this regulation, or compute its marketing policy for that PART 932ÐOLIVES GROWN IN obtain a guide on complying with fruit, year and compute and announce an CALIFORNIA vegetable, and specialty crop marketing inshell trade demand if it determines agreements and orders by contacting Jay Accordingly, the interim final rule that volume regulations would tend to Guerber, Marketing Order amending 7 CFR part 932 which was effectuate the declared policy of the Act. Administration Branch, Fruit and published at 64 FR 4286 on January 28, The Board also computes and Vegetable Programs, AMS, USDA, P.O. 1999, is adopted as a final rule without announces preliminary free and Box 96456, Room 2525–S, Washington, change. restricted percentages for that year. DC 20090–6456; telephone: (202)720– The inshell trade demand is the Dated: April 21, 1999. 2491, Fax: (202) 720–5698, or E-mail: amount of inshell hazelnuts that Robert C. Keeney, [email protected]. You may view handlers may ship to the domestic Deputy Administrator, Fruit and Vegetable the marketing agreement and order market throughout the marketing Programs. small business compliance guide at the season. The order specifies that the [FR Doc. 99–10773 Filed 4–28–99; 8:45 am] following web site: http:// inshell trade demand be computed by BILLING CODE 3410±02±P www.ams.usda.gov/fv/moab.html. averaging the preceding three ‘‘normal’’
VerDate 26-APR-99 10:01 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\A29AP0.013 pfrm03 PsN: 29APR1 23012 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Rules and Regulations years’ trade acquisitions of inshell preliminary free and restricted effective by June 1, at least 30 days prior hazelnuts, rounded to the nearest whole percentages of 18 percent and 82 to the end of the marketing year, June number. The Board may increase the percent, respectively. The Board used 30. The final free and restricted three-year average by up to 25 percent, the NASS crop estimate of 16,500 tons. percentages can be made effective if market conditions warrant an The purpose of releasing only 80 earlier, if recommended by the Board increase. The Board’s authority to percent of the inshell trade demand and approved by the Secretary. recommend volume regulations and the under the preliminary percentage was to Revisions in the marketing policy can be computations used to determine the guard against an underestimate of crop made until February 15 of each percentages are specified in § 982.40 of size. The preliminary free percentage marketing year, but the inshell trade the order. released 2,763 tons of hazelnuts from demand can only be revised upward, The National Agricultural Statistics the 1998 supply for domestic inshell consistent with § 982.40(e). Service (NASS) estimated hazelnut use. The preliminary restricted The Board met on November 12, 1998, production at 16,500 tons for the Oregon percentage of the 1998 supply for export and reviewed and approved an and Washington area. The majority of and kernel markets totaled 12,623 tons. amended marketing policy and domestic inshell hazelnuts are marketed Under the order, the Board must meet recommended the establishment of final in October, November, and December. free and restricted percentages. The By November, the marketing season is a second time, on or before November Board decided that market conditions well under way. 15, to recommend interim final and were such that immediate release of an The quantity marketed is broken final percentages. The Board uses down into free and restricted current crop estimates to calculate additional 15 percent for desirable percentages to make available hazelnuts interim final and final percentages. The carryout would not adversely affect the which may be marketed in domestic interim final percentages are calculated 1998–99 domestic inshell market. inshell markets (free) and hazelnuts in the same way as the preliminary Accordingly, no interim final free and which must be exported, shelled, or percentages and release the remaining restricted percentages were otherwise disposed of by handlers 20 percent (to total 100 percent of the recommended. Final percentages were (restricted). The preliminary free inshell trade demand) previously recommended at 30 percent free and 70 percentage releases 80 percent of the computed by the Board. Final free and percent restricted. The final percentages adjusted inshell trade demand. The restricted percentages may release up to released 4,115 tons of inshell hazelnuts preliminary free percentage is expressed an additional 15 percent of the average from the 1998 supply for domestic use. as a percentage of the total supply of the preceding three years’ trade The final marketing percentages are subject to regulation (supply) and is acquisitions to provide an adequate based on the Board’s final production based on the preliminary crop estimate. carryover into the following season; estimate (14,500 tons) and the following At its August 27, 1998, meeting, the (i.e., desirable carryout). The final free supply and demand information for the Board computed and announced and restricted percentages must be 1998–99 marketing year:
Tons
Inshell Supply: (1) Total production (Board's estimate) ...... 14,500 (2) Less substandard, farm use (disapperarance) ...... 1,077 (3) Merchantable production (Board's adjusted crop estimate; Item 1 minus Item 2) ...... 13,423 (4) Plus undeclared carryin as of July 1, 1997, subject to regulation ...... 120 (5) Supply subject to regulation (Item 3 plus Item 4) ...... 13,543 Inshell Trade Demand: (6) Average trade acquisitions of inshell hazelnuts for three prior years ...... 4,408 (7) Less declared carryin as of July 1, 1997, not subject to regulation ...... 954 (8) Adjusted Inshell Trade Demand ...... 3,454 (9) Desirable carryout on August 31, 1999 (15 percent of Item 6) ...... 661 (10) Adjusted Inshell Trade Demand plus desirable carryout (Item 8 plus Item 9) ...... 4,115
Percentages Free Restricted
(11) Final percentages (Item 10 divided by Item 5) × 100 ...... 30 70
In addition to complying with the shipments before secondary market is 115 percent of prior years’ sales and provisions of the order, the Board also allocations are approved. This provides exceeds the goal of the Guidelines. considered the Department’s 1982 for plentiful supplies for consumers and Pursuant to requirements set forth in ‘‘Guidelines for Fruit, Vegetable, and for market expansion, while retaining the Regulatory Flexibility Act (RFA), the Specialty Crop Marketing Orders’’ the mechanism for dealing with Agricultural Marketing Service (AMS) (Guidelines) when making its oversupply situations. The established has considered the economic impact of computations in the marketing policy. final percentages are based on the final this action on small entities. This volume control regulation provides inshell trade demand, and will make Accordingly, AMS has prepared this a method to collectively limit the available an additional 661 tons for final regulatory flexibility analysis. supply of inshell hazelnuts available for desirable carryout. The total free supply The purpose of the RFA is to fit sale in domestic markets. The for the 1998–99 marketing year is 5,069 regulatory actions to the scale of Guidelines provide that the domestic tons of hazelnuts, which is the final business subject to such actions in order inshell market has available a quantity trade demand of 4,408 tons plus the 661 that small businesses will not be unduly equal to 110 percent of prior years’ tons for desirable carryout. This amount or disproportionately burdened.
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Marketing orders issued pursuant to the The Board discussed the only requirements on either small or large Act, and the rules issued thereunder, are alternative to volume regulation hazelnut handlers. As with all Federal unique in that they are brought about percentages which was not to regulate. marketing order programs, reports and through group action of essentially Without any regulations in effect, the forms are periodically reviewed to small entities acting on their own Board believes that the industry would reduce information requirements and behalf. Thus, both statutes have small oversupply the inshell domestic market. duplication by industry and public entity orientation and compatibility. Although the 1998 hazelnut crop is sectors. In addition, as noted in the There are approximately 800 much smaller than last year, the release initial regulatory flexibility analysis, the producers of hazelnuts in the of 14,500 tons on the domestic inshell Department has not identified any production area and approximately 22 market would cause producer returns to relevant Federal rules that duplicate, handlers subject to regulation under the decrease drastically, and completely overlap or conflict with this rule. marketing order. Small agricultural disrupt the market. producers have been defined by the While the level of benefits of this Further, the Board’s meeting was Small Business Administration (13 CFR rulemaking is difficult to quantify, the widely publicized throughout the 121.601) as those having annual receipts stabilizing effects of the volume hazelnut industry and all interested of less than $500,000, and small regulations impact both small and large persons were invited to attend the agricultural service firms are defined as handlers positively by helping them meeting and encouraged to participate those whose annual receipts are less maintain and expand markets even in Board deliberations. Like all Board than $5,000,000. Using these criteria, though hazelnut supplies fluctuate meetings, the November 12, 1998, virtually all of the producers are small widely from season to season. meeting was a public meeting held in a agricultural producers and an estimated Hazelnuts produced under the order location central to the production area 19 of the 22 handlers are small comprise virtually all of the hazelnuts and all entities, both large and small, produced in the United States. This agricultural service firms. In view of the were able to express their views on this foregoing, it can be concluded that the production represents, on average, less issue. Thus, Board recommendations majority of hazelnut producers and than 5 percent of total U.S. tree nut can be considered to represent the handlers may be classified as small production, and less than 5 percent of entities. the world’s hazelnut production. interests of small business entities in the Many years of marketing experience This volume control regulation industry. The Board itself is composed led to the development of the current provides a method for the U.S. hazelnut of 10 members, of which four are volume control procedures. These industry to limit the supply of domestic handlers, five are growers, and one is a procedures have helped the industry inshell hazelnuts available for sale in public member. solve its marketing problems by keeping the United States. Section 982.40 of the An interim final rule concerning this inshell supplies in balance with order establishes a procedure and action was published in the Federal domestic needs. The current volume computations for the Board to follow in Register on January 14, 1999. Copies of control procedures fully supply the recommending to the Secretary the the rule were mailed by the Board’s staff domestic inshell market while release of preliminary, interim final, and to all Board members and hazelnut final quantities of hazelnuts to be preventing oversupplies in that market. handlers. In addition, the rule was made Inshell hazelnuts sold to the domestic released to the free and restricted market provide higher returns to the markets each marketing year. The available through the Internet by the industry than are obtained from program results in plentiful supplies for Office of the Federal Register. That rule shelling. The inshell market is inelastic consumers and for market expansion provided for a 60-day comment period and is characterized as having limited while retaining the mechanism for which ended March 15, 1999. No demand and being prone to oversupply. dealing with oversupply situations. comments were received. Industry statistics show that total Currently, U.S. hazelnut production After consideration of all relevant hazelnut production has varied widely can be successfully allocated between material presented, including the over the last 10 years, from a low of the inshell domestic and secondary Board’s recommendation and other 13,000 tons in 1989 to a high of 47,000 markets. One of the best secondary information, it is found that finalizing tons in 1997. Average production has markets for hazelnuts is the export the interim final rule, without change, been around 27,000 tons. While crop market. Inshell hazelnuts produced as published in the Federal Register (64 size has fluctuated, the volume under the marketing order compete well FR 2422, January 14, 1999) will tend to regulations contribute toward orderly in export markets because of quality. effectuate the declared policy of the Act. marketing and market stability, and help Europe, and Germany in particular, is moderate the variation in returns for all historically the primary world market List of Subjects in 7 CFR Part 982 producers and handlers, both large and for U.S. produced inshell hazelnuts, small. For instance, production in the although China was the largest importer Filberts, Hazelnuts, Marketing shortest crop year (1989) was 48 percent in 1997–98. A third market is for shelled agreements, Nuts, Reporting and of the 10-year average (1988–1997). hazelnuts sold domestically. recordkeeping requirements. Production in the biggest crop year Domestically produced kernels For reasons set forth in the preamble, (1997) was 173 percent of the 10-year generally command a higher price in the 7 CFR part 982 is amended as follows: average. The percentage releases domestic market than imported kernels. provide all handlers with the The industry is continuing its efforts to PART 982ÐHAZELNUTS GROWN IN opportunity to benefit from the most develop and expand secondary markets, OREGON AND WASHINGTON profitable domestic inshell market. That especially the domestic kernel market. market is available to all handlers, Small business entities, both producers Accordingly, the interim final rule regardless of handler size. and handlers, benefit from the amending 7 CFR part 982 which was NASS statistics show that the expansion efforts resulting from this published at 64 FR 2422 on January 14, producer price per pound has increased program. 1999, is adopted as a final rule without over the last 5 years, from $.32 in 1993 This rule will not impose any change. to $.45 in 1997. additional reporting or recordkeeping
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Dated: April 21, 1999. Rule. Commenters included: three minimum amount of a credit product Robert C. Keeney, Banks, two Bank Advisory Councils, offered by the Bank, other than AHP or Deputy Administrator, Fruit and Vegetable one Bank member, and one financial CIP credit products, within the previous Programs. institutions trade association. Because 12 months, provided that such a [FR Doc. 99–10772 Filed 4–28–99; 8:45 am] the purpose of the Interim Final Rule minimum threshold for credit product BILLING CODE 3410±02±P was to make certain technical clarifying usage established by a Bank shall not revisions, comments that raised issues exceed 1.5 percent of the member’s total beyond the scope of the Interim Final assets, and all members shall have FEDERAL HOUSING FINANCE BOARD Rule changes are not addressed in this access to some amount of AHP subsidy, final rule, but will be considered by the as determined by the Bank, regardless of 12 CFR Part 960 Finance Board in any future rulemaking whether they meet the Bank’s minimum under the AHP. The provisions of the threshold for credit product usage [No. 99±25] Interim Final Rule on which significant (minimum credit product usage limit). RIN 3069±AA±73 comments were received are discussed Two commenters opposed this below. change, for some of the same reasons Amendment of Affordable Housing evaluated and discussed by the Finance Program Regulation II. Analysis of Final Rule Board in the 1997 AHP rulemaking. See AGENCY: Federal Housing Finance A. Minimum Credit Product Usage 61 FR 57799, 57808–09 (Nov. 8, 1996); Board. Limit—§§ 960.5(b)(10)(i)(C), (ii) 62 FR 41812, 41819 (August 4, 1997); see also, 60 FR 55487, 55490–91 (Nov. ACTION: Final rule. Section 960.5(b)(10)(i)(C) of the 1997 AHP Regulation authorized a Bank, in 1, 1995). The commenters have not SUMMARY: The Federal Housing Finance its discretion, after consultation with its presented new arguments that were not Board (Finance Board) is adopting as Advisory Council, to establish a considered by the Finance Board in the final, with several changes, the Interim requirement that a member submitting 1997 AHP rulemaking. The Finance Final Rule which amended its an AHP application have made use of ‘‘a Board continues to believe that the regulation governing the operation of credit product’’ offered by the Bank, Banks should have the discretion, after the Affordable Housing Program (AHP other than AHP or Community consultation with their Advisory or Program) to make certain technical Investment Program (CIP) credit Councils, to adopt a minimum credit revisions clarifying Program products, within the previous 12 product usage limit as appropriate based requirements and improving the months (single credit product usage on the needs and views in the Bank’s operation of the AHP. limit). One of the arguments the Finance District. Accordingly, the minimum EFFECTIVE DATE: The final rule shall be Board considered in determining to credit product usage limit provision effective on June 1, 1999. allow imposition of such a limit was contained in the Interim Final Rule is FOR FURTHER INFORMATION CONTACT: that AHP subsidies are derived from a adopted without change in the final Richard Tucker, Deputy Director, (202) Bank’s earnings and, therefore, fairness rule. The Interim Final Rule also clarified 408–2848, or Janet M. Fronckowiak, suggests that availability of subsidies in § 960.5(b)(10)(ii) that ‘‘[a]ny limit on Associate Director, (202) 408–2575, may be linked to the extent to which a the amount of AHP subsidy available Program Assistance Division, Office of member contributes to the Bank’s per member must result in equal Policy, Research and Analysis; or earnings through the single purchase of amounts of AHP subsidy available to all Sharon B. Like, Senior Attorney- a Bank credit product. The Finance members.’’ This requirement is intended Advisor, (202) 408–2930, Office of Board determined, after weighing the to ensure that such limits are not General Counsel, Federal Housing arguments, that giving the Banks the structured or applied in a Finance Board, 1777 F Street, N.W., discretion, after consultation with their discriminatory manner. A commenter Washington, D.C. 20006. Advisory Councils, to adopt a single pointed out that, under a technical SUPPLEMENTARY INFORMATION: credit product usage limit would enable the Banks to be most responsive to the reading of this language, a Bank would I. Regulatory Background needs and views in their Districts. have to make an equal amount of AHP On August 4, 1997, the Finance Board However, in the course of the Banks’ subsidy available to all members, published a final rule adopting implementation of this change under regardless of whether the member meets comprehensive revisions to the AHP the AHP, the Banks indicated to the the minimum threshold requirement for regulation, see 12 CFR part 960, which, Finance Board that a member’s single credit product usage. This was not the among other changes, authorized the 12 use of a Bank credit product does not intent of the amended language in Federal Home Loan Banks (Banks), make a meaningful contribution to Bank § 960.5(b)(10)(ii). Accordingly, the rather than the Finance Board, to earnings, from which AHP subsidies are language has been clarified in the final approve applications for AHP subsidies derived. The Banks argued instead for rule to provide that any limit on the beginning January 1, 1998. See 62 FR authority to adopt a credit product amount of AHP subsidy available per 41812 (Aug. 4, 1997) (1997 AHP usage limit based on the member’s use member must result in equal amounts of Regulation). On May 20, 1998, the of a minimum amount of a Bank’s credit AHP subsidy available to all members Finance Board published an Interim product. The Banks also proposed that receiving subsidy pursuant to such Final Rule amending the 1997 AHP the required level of credit product limit. Regulation to make certain technical usage be linked to a member’s asset size. B. Procedure for Approval of revisions clarifying Program In response to these arguments, the Applications for Funding—§ 960.6 requirements and improving the Interim Final Rule revised operation of the AHP. See 63 FR 27668 § 960.5(b)(10)(i)(C) to permit a Bank, 1. Scoring Criterion for Use of Donated (May 20, 1998). The Interim Final Rule after consultation with its Advisory Government-Owned or Other provided for a 60-day comment period. Council, to establish a requirement that Properties—§ 960.6(b)(4)(iv)(A) The Finance Board received nine a member submitting an AHP Under § 960.6(b)(4)(iv)(A) of the comment letters on the Interim Final application must have made use of a Interim Final Rule, an application may
VerDate 26-APR-99 10:01 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\A29AP0.022 pfrm03 PsN: 29APR1 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Rules and Regulations 23015 receive scoring points if it involves the overnight shelters are eligible for AHP applies only to the Banks, which do not creation of housing using a significant funding, they may not receive scoring come within the meaning of ‘‘small proportion of units or land donated or points under § 960.6(b)(4)(iv)(D). entities,’’ as defined in the Regulatory conveyed for a nominal price by the However, by defining ‘‘rental projects’’ Flexibility Act. See id. section 601(6). federal government or any agency or to include overnight shelters, the IV. Paperwork Reduction Act instrumentality thereof, or by any other Interim Final Rule unintentionally made party. The Interim Final Rule added overnight shelters eligible for such This final rule does not contain any language to § 960.6(b)(4)(iv)(A) scoring points under the first clause collections of information pursuant to clarifying that a ‘‘nominal price’’ is a dealing with rental projects. the Paperwork Reduction Act of 1995. small, negligible amount, most often one Accordingly, the final rule revises the See 44 U.S.C. 3501 et seq. Therefore, the dollar, and may be accompanied by first clause in § 960.6(b)(4)(iv)(D) to Finance Board has not submitted any modest expenses related to the expressly exclude overnight shelters for information to the Office of conveyance of the property. homeless households. Management and Budget for review. A commenter objected to the definition of ‘‘nominal price,’’ stating 3. Scoring Criterion for Economic List of Subjects in 12 CFR Part 960 that it should be defined as up to 10 Diversity—§ 960.6(b)(4)(iv)(F)(8) Credit, Federal home loan banks, percent of the fair market value of the The Interim Final Rule revised the Housing, Reporting and recordkeeping units or land. By defining ‘‘nominal second alternative requirement in requirements. Accordingly, the Interim price’’ as ‘‘most often one dollar,’’ the § 960.6(b)(4)(iv)(F)(8) to provide that Final Rule amending 12 CFR part 960, Interim Final Rule left some discretion applications may receive scoring points published at 63 FR 27668 (May 20, to the Banks to determine, on a case-by- for ‘‘Economic Diversity’’ if they involve 1998), is adopted as final with the case basis, whether a price higher than the creation of housing that provides following changes: one dollar may qualify as nominal. The very low- or low- or moderate-income Finance Board continues to believe that households with housing opportunities PART 960ÐAFFORDABLE HOUSING this case-specific approach is preferable in neighborhoods or cities where the PROGRAM to establishing a general standard in the median income exceeds the median 1. The authority citation for part 960 regulation that would apply to all income for the larger surrounding area— continues to read as follows: transactions anywhere in the country, such as the city, county, or Primary regardless of possible variances in what Metropolitan Statistical Area—in which Authority: 12 U.S.C. 1430(j). may be considered nominal from region the neighborhood or city is located. The 2. Section 960.5 is amended by to region and transaction to transaction. general intent of this requirement is to revising paragraph (b)(10)(ii) to read as Accordingly, the comment is not promote housing opportunities for very follows: adopted in the final rule. low- and low- or moderate-income Another commenter stated that the households in areas that are wealthier § 960.5 Minimum eligibility standards for term ‘‘modest expenses’’ should be relative to the surrounding areas to AHP projects. defined. Again, the Finance Board avoid isolation of such households. * * * * * believes that a case-specific approach is A commenter suggested allowing (b) * * * more appropriate than establishing a scoring points to be awarded under this (10) District eligibility requirements. national standard for the definition of criterion for housing in areas where the (ii) Any limit on the amount of AHP ‘‘modest expenses.’’ Accordingly, the median income equals or exceeds the subsidy available per member must final rule does not define the term, median income for the larger result in equal amounts of AHP subsidy leaving it to the discretion of each Bank surrounding area. The Finance Board available to all members receiving to determine what are modest believes that this change would meet subsidy pursuant to such limit. conveyance expenses for particular the general intent of the requirement 3. Section 960.6 is amended by transactions in its District. and, therefore, has revised the language revising paragraphs (b)(4)(iv)(D) and (b)(4)(iv)(F)(8) to read as follows: 2. Scoring Criterion for Housing for in the final rule accordingly. Homeless Households— C. Modifications of Applications After § 960.6 Procedure for approval of § 960.6(b)(4)(iv)(D) Project Completion—§ 960.9 applications for funding. Under § 960.6(b)(4)(iv)(D) of the The Interim Final Rule amended * * * * * Interim Final Rule, an application may § 960.9 of the AHP regulation to clarify (b) * * * receive scoring points if it involves the types of changes to an approved (4) * * * ‘‘[t]he creation of rental housing AHP project after project completion (iv) * * * reserving at least 20 percent of the units that would justify a modification to the (D) Housing for homeless households. for homeless households, or the creation terms of the approved AHP application. The creation of rental housing, of transitional housing for homeless See id. § 960.9. The amendment excluding overnight shelters, reserving households permitting a minimum of inadvertently omitted the language at least 20 percent of the units for six months occupancy.’’ See 12 CFR limiting such modifications to changes homeless households, or the creation of 960.6(b)(4)(iv)(D). The Interim Final ‘‘other than an increase in the amount transitional housing for homeless Rule omitted the express exclusion of of subsidy approved for the project.’’ households permitting a minimum of overnight shelters contained in the 1997 This limiting language has been restored six months occupancy. AHP Regulation, because it is clear that in the final rule. * * * * * overnight shelters do not come within (F) * * * the category of housing permitting a III. Regulatory Flexibility Act (8) Economic diversity. The creation minimum of six months occupancy. The Because no notice of proposed of housing that is part of a strategy to Interim Final Rule also clarified that rulemaking is required for this final end isolation of very low-income ‘‘rental projects,’’ as defined in § 960.1, rule, the provisions of the Regulatory households by providing economic include overnight shelters. The Flexibility Act (5 U.S.C. 601 et seq.) do diversity through mixed-income intention was to make clear that while not apply. Moreover, the final rule housing in low- or moderate-income
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This condition, if not United States. neighborhoods or cities where the corrected, could result in fretting- The FAA estimates that 88 helicopters median income equals or exceeds the induced fatigue cracking of the flapping will be affected by this proposed AD, median income for the larger bearing assembly and around the bolt that it will take approximately 1 work surrounding area—such as the city, holes of the pitch horn, loss of the rotor hour to accomplish the inspection and county, or Primary Metropolitan system, and subsequent loss of control retorque of bolts, if necessary, and that Statistical Area—in which the of the helicopter. the average labor rate is $60 per work neighborhood or city is located; DATES: Effective May 14, 1999. hour. Based on these figures, the total Comments for inclusion in the Rules * * * * * cost impact of the AD on U.S. operators Docket must be received on or before 4. Section 960.9 is amended by is estimated to be $15,840 per year, June 28, 1999. revising the introductory text to read as assuming three inspections and follows: ADDRESSES: Submit comments in retorques per year and assuming that no triplicate to the Federal Aviation parts will need to be replaced. § 960.9 Modifications of applications after Administration (FAA), Office of the project completion. Regional Counsel, Southwest Region, Since an unsafe condition has been Modification procedure. If, after final Attention: Rules Docket No. 98–SW–49– identified that is likely to exist or disbursement of funds to a project from AD, 2601 Meacham Blvd., Room 663, develop on other BHTC Model 222, all funding sources, there is or will be Fort Worth, Texas 76137. 222B, and 222U helicopters of the same a change in the project that would FOR FURTHER INFORMATION CONTACT: type design registered in the United change the score that the project Harry Edmiston, Aerospace Engineer, States, this AD is being issued to application received in the funding Rotorcraft Certification Office, prevent fretting induced fatigue period in which it was originally scored Rotorcraft Directorate, FAA, 2601 cracking of the flapping bearing and approved, had the changed facts Meacham Blvd., Fort Worth, Texas assembly and around the bolt holes of been operative at that time, a Bank, in 76137, telephone (817) 222–5158, fax the pitch horn, loss of the rotor system, its discretion, may approve in writing a (817) 222–5783. and subsequent loss of control of the modification to the terms of the SUPPLEMENTARY INFORMATION: Transport helicopter. This AD requires recurring approved application, other than an inspections of the main rotor hub in the increase in the amount of subsidy Canada, which is the airworthiness areas between the pitch horn and grip approved for the project, provided that: authority for Canada, has notified the FAA that an unsafe condition may exist tangs and between the flapping bearing * * * * * on BHTC Model 222, 222B, and 222U assembly and the main rotor yoke By the Board of Directors of the Federal Housing Finance Board. helicopters. Transport Canada advises assembly for fretting. If fretting is found that fatigue cracks at the bolt holes of on any part, replacing that part with an Dated: April 13, 1999. the pitch horn and in the flapping airworthy part is required. This AD also Bruce A. Morrison, bearing assembly can lead to loss of requires verifying the torque on the Chairman. control of the helicopter. main rotor grip retaining bolts and the [FR Doc. 99–10160 Filed 4–28–99; 8:45 am] BHTC issued Alert Service Bulletin flapping bearing assembly retaining BILLING CODE 6725±01±P Nos. 222–98–81 and 222U–98–52, both bolts. The short compliance time dated April 23, 1998 (ASB), which involved is required because the specify inspecting the main rotor hub in previously described critical unsafe DEPARTMENT OF TRANSPORTATION the areas between the pitch horn and condition can adversely affect the main rotor grip tangs (grip tangs) and controllability of the helicopter. Federal Aviation Administration between the flapping bearing assembly Therefore, a visual inspection of the and the main rotor yoke assembly for 14 CFR Part 39 main rotor hub between the pitch horn fretting. The ASB’s also specify torque and grip tangs and the flapping bearing [Docket No. 98±SW±49±AD; Amendment verification procedures for the main assembly and the main rotor yoke 39±11153; AD 99±09±20] rotor grip retaining bolts and the assembly for fretting is required. A RIN 2120±AA64 flapping bearing assembly. Transport torque check of the main rotor grip Canada classified these ASB’s as retaining bolts and the flapping bearing Airworthiness Directives; Bell mandatory and issued Transport Canada assembly retaining bolts is also Helicopter Textron Canada (BHTC) AD CF–98–16, dated July 15, 1998, in required. These actions are required Model 222, 222B, and 222U Helicopters order to assure the continued within 10 hours TIS and this AD must AGENCY: Federal Aviation airworthiness of these helicopters in be issued immediately. Administration, DOT. Canada. These helicopter models are Since a situation exists that requires ACTION: Final rule; request for the immediate adoption of this comments. manufactured in Canada and are type certificated for operation in the United regulation, it is found that notice and SUMMARY: This amendment adopts a States under the provisions of § 21.29 of opportunity for prior public comment new airworthiness directive (AD) that is the Federal Aviation Regulations (14 hereon are impracticable, and that good applicable to BHTC Model 222, 222B, CFR 21.29) and the applicable bilateral cause exists for making this amendment and 222U helicopters. This action airworthiness agreement. Pursuant to effective in less than 30 days. requires initial and repetitive visual this bilateral airworthiness agreement, Comments Invited inspections and verification of the Transport Canada has kept the FAA torque of the bolts on the main rotor informed of the situation described Although this action is in the form of hub. This amendment is prompted by a above. The FAA has examined the a final rule that involves requirements report of fatigue cracks around the bolt findings of Transport Canada, reviewed affecting flight safety and, thus, was not holes of the main rotor pitch horn (pitch all available information, and preceded by notice and an opportunity horn) and a cracked main rotor flapping determined that AD action is necessary for public comment, comments are
VerDate 26-APR-99 15:02 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\29APR1.XXX pfrm07 PsN: 29APR1 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Rules and Regulations 23017 invited on this rule. Interested persons of it, if filed, may be obtained from the (2) Verify the torque of the main rotor grip are invited to comment on this rule by Rules Docket at the location provided retaining bolts and the flapping bearing submitting such written data, views, or under the caption ADDRESSES. assembly bolts in the tightening direction, arguments as they may desire. minimum 100 foot-pounds. If 100 foot- List of Subjects in 14 CFR Part 39 pounds torque is reached without movement Communications should identify the of the bolts, torque bolts to 125 foot-pounds. Rules Docket number and be submitted Air transportation, Aircraft, Aviation (3) If any bolt moves before 100 foot- in triplicate to the address specified safety, Safety. pounds torque is reached, remove the pitch under the caption ADDRESSES. All horn or the flapping bearing assembly, as Adoption of the Amendment communications received on or before applicable, from the main rotor hub assembly the closing date for comments will be Accordingly, pursuant to the for further inspection. Inspect the pitch horn considered, and this rule may be authority delegated to me by the or flapping bearing assembly, as applicable, amended in light of the comments Administrator, the Federal Aviation and all faying surfaces of the pitch horn, flapping bearing assembly, buffers, main received. Factual information that Administration amends part 39 of the rotor yoke assembly, and the grip tangs for supports the commenter’s ideas and Federal Aviation Regulations (14 CFR fretting. If fretting is found on any part, suggestions is extremely helpful in part 39) as follows: replace it with an airworthy part. evaluating the effectiveness of the AD (4) Apply corrosion preventive compound action and determining whether PART 39ÐAIRWORTHINESS to the exposed portions of the bolts and nuts. additional rulemaking action would be DIRECTIVES Note 2: Bell Helicopter Textron Alert Service Bulletin Nos. 222–98–81 and 222U– needed. 1. The authority citation for part 39 Comments are specifically invited on 98–52, both dated April 23, 1998, pertain to continues to read as follows: the overall regulatory, economic, the subject of this AD. environmental, and energy aspects of Authority: 49 U.S.C. 106(g), 40113, 44701. (b) An alternative method of compliance or the rule that might suggest a need to adjustment of the compliance time that modify the rule. All comments § 39.13 [Amended] provides an acceptable level of safety may be used if approved by the Manager, Rotorcraft submitted will be available, both before 2. Section 39.13 is amended by Certification Office, FAA, Rotorcraft and after the closing date for comments, adding a new airworthiness directive to Directorate. Operators shall submit their in the Rules Docket for examination by read as follows: requests through an FAA Principal interested persons. A report that 99–09–20 Bell Helicopter Textron Canada: Maintenance Inspector, who may concur or summarizes each FAA-public contact Amendment 39–11153. Docket No. 98– comment and then send it to the Manager, concerned with the substance of this AD SW–49–AD. Rotorcraft Certification Office. will be filed in the Rules Docket. Applicability: Model 222 helicopters, serial Note 3: Information concerning the Commenters wishing the FAA to numbers (S/N) 47006 through 47089, Model existence of approved alternative methods of compliance with this AD, if any, may be acknowledge receipt of their comments 222B helicopters, S/N’s 47131 through obtained from the Rotorcraft Certification submitted in response to this rule must 47156, and Model 222U helicopters, S/N’s Office. submit a self-addressed, stamped 47501 through 47574, certificated in any postcard on which the following category. (c) Special flight permits may be issued in accordance with sections 21.197 and 21.199 statement is made: ‘‘Comments to Note 1: This AD applies to each helicopter of the Federal Aviation Regulations (14 CFR Docket No. 98–SW–49–AD.’’ The identified in the preceding applicability 21.197 and 21.199) to operate the helicopter postcard will be date stamped and provision, regardless of whether it has been to a location where the requirements of this returned to the commenter. otherwise modified, altered, or repaired in AD can be accomplished. The regulations adopted herein will the area subject to the requirements of this (d) This amendment becomes effective on not have substantial direct effects on the AD. For helicopters that have been modified, May 14, 1999. States, on the relationship between the altered, or repaired so that the performance of the requirements of this AD is affected, the Note 3: The subject of this AD is addressed national government and the States, or owner/operator must request approval for an in Transport Canada (Canada) AD CF–98–16, on the distribution of power and alternative method of compliance in dated July 15, 1998. responsibilities among the various accordance with paragraph (b) of this AD. Issued in Fort Worth, Texas, on April 22, levels of government. Therefore, in The request should include an assessment of 1999. accordance with Executive Order 12612, the effect of the modification, alteration, or Henry A. Armstrong, it is determined that this final rule does repair on the unsafe condition addressed by Manager, Rotorcraft Directorate, Aircraft not have sufficient federalism this AD; and, if the unsafe condition has not Certification Service. implications to warrant the preparation been eliminated, the request should include [FR Doc. 99–10669 Filed 4–28–99; 8:45 am] specific proposed actions to address it. of a Federalism Assessment. BILLING CODE 4910±13±P The FAA has determined that this Compliance: Required as indicated, unless regulation is an emergency regulation accomplished previously. that must be issued immediately to To prevent fretting induced fatigue cracking of the main rotor flapping bearing DEPARTMENT OF HEALTH AND correct an unsafe condition in aircraft assembly (flapping bearing assembly) and HUMAN SERVICES and that it is not a ‘‘significant around the bolt holes of the main rotor pitch regulatory action’’ under Executive horn (pitch horn), loss of the rotor system, Food and Drug Administration Order 12866. It has been determined and subsequent loss of control of the further that this action involves an helicopter, accomplish the following: 21 CFR Parts 520 and 556 emergency regulation under DOT (a) Within 10 hours time-in-service (TIS), Regulatory Policies and Procedures (44 and thereafter at intervals not to exceed 150 Oral Dosage Form New Animal Drugs; FR 11034, February 26, 1979). If it is hours TIS: Piperazine determined that this emergency (1) Perform a visual inspection of the main rotor hub for fretting between the pitch horn AGENCY: Food and Drug Administration, regulation otherwise would be and main rotor grip tangs (grip tangs) and HHS. significant under DOT Regulatory between the flapping bearing assembly and ACTION: Final rule. Policies and Procedures, a final the main rotor yoke assembly. If fretting is regulatory evaluation will be prepared found on any part, replace it with an SUMMARY: The Food and Drug and placed in the Rules Docket. A copy airworthy part. Administration (FDA) is amending the
VerDate 26-APR-99 15:02 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\29APR1.XXX pfrm07 PsN: 29APR1 23018 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Rules and Regulations animal drug regulations to reflect amended by adding 21 CFR 520.1807 to PART 520ÐORAL DOSAGE FORM approval of a supplemental new animal reflect the approval. The basis of NEW ANIMAL DRUGS drug application (NADA) filed by approval is discussed in the freedom of Fleming Laboratories, Inc. The information summary. 1. The authority citation for 21 CFR part 520 continues to read as follows: supplemental NADA provides for the In addition, tolerances for residues of safe and effective use of piperazine in piperazine in edible tissues of food- Authority: 21 U.S.C. 360b. chickens, turkeys, and swine for the producing animals have been 2. Section 520.1807 is added to read treatment of certain parasitic infections. established. The regulations are as follows: The approval reflects compliance with amended by adding 21 CFR 556.513 to the results of the National Academy of establish the residue tolerances. § 520.1807 Piperazine. Sciences/National Research Council In accordance with the freedom of (a) Specifications. A soluble powder (NAS/NRC) Drug Efficacy Study information provisions of 21 CFR part or liquid containing piperazine Implementation (DESI) evaluation of the 20 and 514.11(e)(2)(ii), a summary of dihydrochloride or dipiperazine sulfate, effectiveness of piperazine and FDA’s safety and effectiveness data and equivalent to 17, 34, or 230 grams of conclusions concerning that evaluation. information submitted to support piperazine per pound or 100 milliliters. FDA also is amending the regulations to (b) Sponsor. See 015565 in approval of this supplemental provide tolerances for piperazine § 510.600(c) of this chapter. application may be seen in the Dockets residues. (c) Related tolerances. See § 556.513 Management Branch (HFA–305), Food of this chapter. EFFECTIVE DATE: April 29, 1999. and Drug Administration, 5630 Fishers FOR FURTHER INFORMATION CONTACT: (d) Conditions of use—(1) Chickens— Lane, rm. 1061, Rockville, MD 20852, (i) Amount. 50 milligrams per bird Dianne T. McRae, Center for Veterinary between 9 a.m. and 4 p.m., Monday under 6 weeks, 100 milligrams per bird Medicine (HFV–102), Food and Drug through Friday. Administration, 7500 Standish Pl., over 6 weeks. Rockville, MD 20855, 301–827–0212. FDA has determined under 21 CFR (ii) Indications for use. For removal of 25.33(a)(1) that this action is of a type SUPPLEMENTARY INFORMATION: Fleming large roundworm (Ascaridia spp.). that does not individually or Laboratories, Inc., P.O. Box 34384, (iii) Limitations. For use in drinking cumulatively have a significant effect on Charlotte, NC 28234, filed a supplement water or feed. Use as sole source of the human environment. Therefore, to its approved NADA 10–005 for use of drinking water. Prepare fresh solution neither an environmental assessment piperazine soluble powder and liquid daily. Use as 1-day single treatment. nor an environmental impact statement for oral treatment of chickens and Withdraw 14 days prior to slaughter. Do is required. turkeys for roundworm infections and not use for chickens producing eggs for swine for roundworm and nodular FDA has previously informed human consumption. Consult your worm infections. NADA 10–005 was manufacturers of piperazine products veterinarian for assistance in the originally approved on June 9, 1955. for food-producing animals not covered diagnosis, treatment, and control of The drug was the subject of a NAS/NRC by approved applications that such parasitism. evaluation of effectiveness under FDA’s products may be subject to regulatory (2) Turkeys—(i) Amount. 100 DESI program (DESI 10–005V). The action. FDA advised sponsors of DESI- milligrams per bird up to 12 weeks and findings of the evaluation were reviewed piperazine products to pursue 200 milligrams per bird over 12 weeks. published in the Federal Register of finalization of their NADA’s at the (ii) Indications for use. For removal of February 14, 1969 (34 FR 2213). The earliest possible time. FDA now is large roundworm (Ascaridia spp.). NAS/NRC DESI report concluded that providing public notice that it is (iii) Limitations. For use in drinking the drug is effective as an anthelmintic prepared to take regulatory action water or feed. Use as sole source of for dogs, cats, chickens, turkeys, horses, against unapproved piperazine products drinking water. Prepare fresh solution swine, sheep, and cattle. FDA concurred for food-producing animals. In order to daily. Use as 1-day single treatment. with the conclusions of the report. provide for an orderly phaseout, the Withdraw 14 days prior to slaughter. Fleming Laboratories, Inc., filed a manufacture of piperazine powder and Consult your veterinarian for assistance supplemental NADA providing revised liquid that is not the subject of an in the diagnosis, treatment, and control labeling that brought its drug into approved NADA or abbreviated new of parasitism. compliance with the results of the NAS/ animal drug application (ANADA) shall (3) Swine—(i) Amount. 50 milligrams NRC DESI evaluation and FDA’s cease by August 27, 1999, and the per pound of body weight. conclusions based on that evaluation. distribution of said products not (ii) Indications for use. For removal of The supplemental NADA provides for manufactured under an approved large roundworm (Ascaris suum) and treatment of animals for parasitic application shall also cease by that date. nodular worms (Oesophagostomum spp.). infections as follows: (1) Chickens and List of Subjects turkeys, for Ascaridia spp., chickens at (iii) Limitations. For use in drinking 50 milligrams (mg)/bird under 6 weeks 21 CFR Part 520 water or feed. Use as sole source of and 100 mg/bird over 6 weeks; turkeys drinking water. Prepare fresh solution Animal drugs. at 100 mg/bird up to 12 weeks and 200 daily. Use as 1-day single treatment. mg/bird over 12 weeks according to 21 CFR Part 556 Withdraw 21 days prior to slaughter. size, at 0.2 to 0.4 percent in feed or 0.1 Consult your veterinarian for assistance to 0.2 percent in water for 1 to 2 days; Animal drugs, Foods. in the diagnosis, treatment, and control and (2) swine, for Ascaris suum and Therefore, under the Federal Food, of parasitism. Oesophagostomum spp., at 50 mg/ Drug, and Cosmetic Act and under PART 556ÐTOLERANCES FOR pound (lb) body weight, at 0.2 to 0.4 authority delegated to the Commissioner RESIDUES OF NEW ANIMAL DRUGS percent in feed or 0.1 to 0.2 percent in of Food and Drugs and redelegated to IN FOOD water for 1 to 2 days. the Center for Veterinary Medicine, 21 The supplement is approved as of CFR parts 520 and 556 are amended as 3. The authority citation for 21 CFR March 23, 1999, and the regulations are follows: part 556 continues to read as follows:
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Authority: 21 U.S.C. 342, 360b, 371. FEDERAL MARITIME COMMISSION unincorporated office that is resident in the United States. We would not 4. Section 556.513 is added to subpart 46 CFR Parts 510, 515 and 583 consider the foreign NVOCC’s primary B to read as follows: [Docket No. 98±28] location in the United States to be a § 556.513 Piperazine. separate branch office subject to Licensing, Financial Responsibility additional licensing and financial A tolerance of 0.1 part per million Requirements, and General Duties for responsibility requirements of this part. piperazine base is established for edible Ocean Transportation Intermediaries However, in the event that the licensee tissues of poultry and swine. seeks to establish other branch offices in AGENCY: Federal Maritime Commission. Dated: April 19, 1999. addition to its primary United States ACTION: Confirmation of interim final office, those other offices would be Margaret Ann Miller, rule and correction. subject to the licensing and financial Acting Director, Office of New Animal Drug responsibility requirements applicable Evaluation, Center for Veterinary Medicine. SUMMARY: This rule confirms as final the to separately incorporated and [FR Doc. 99–10696 Filed 4–28–99; 8:45 am] interim rule published on March 8, unincorporated branch offices. BILLING CODE 4160±01±F 1999, which added a provision to the We further limited the option of a Federal Maritime Commission’s foreign entity becoming licensed under licensing requirements to allow foreign this part to NVOCCs, and not freight non-vessel-operating common carriers forwarders, because an ‘‘ocean freight DEPARTMENT OF JUSTICE the opportunity to seek to obtain a forwarder’’ is defined in § 515.2(o)(1) as license. In addition, this document a person who dispatches shipments 28 CFR Part 16 contains a correction to the final ‘‘from the United States.’’ Moreover, a regulations which were published in the freight forwarder has a fiduciary Production or Disclosure of Material or same document on March 8, 1999. relationship with its customer, and a Information DATES: Effective May 1, 1999. foreign freight forwarder, by its very FOR FURTHER INFORMATION CONTACT: nature, would be performing services for CFR Correction Austin L. Schmitt, Director, Bureau of its customers in a foreign country At 63 FR 51300, Sept. 25, 1998, the Tariffs, Certification and Licensing, beyond the reach of the Commission. Finally, in order to better assist foreign correction document published should Federal Maritime Commission, 800 NVOCCs who seek to become licensed have stated paragraphs (a) and (b) of North Capitol Street, NW, under this part, we amended Washington, DC 20573–0001, (202) § 16.41 were being corrected. § 515.11(a)(1) to provide that a foreign 523–5796 [FR Doc. 99–55516 Filed 4–28–99; 8:45 am] NVOCC’s experience in ocean Thomas Panebianco, General Counsel, transportation intermediary (‘‘OTI’’) BILLING CODE 1505±01±D Federal Maritime Commission, 800 services need not be in the United North Capitol Street, NW, States. Washington, DC 20573–0001, (202) We sought comments on those aspects 523–5740 DEPARTMENT OF LABOR of the rule that were implemented as an SUPPLEMENTARY INFORMATION: interim final rule. We received Equal Employment Opportunity On February 26, 1999, the Federal comments from North American Van Commission Maritime Commission (‘‘FMC’’ or Lines, Inc., t/a North American ‘‘Commission’’) adopted new International, who supports the 29 CFR Part 1601 regulations at 46 CFR part 515 to Commission’s proposal to permit implement changes made by the Ocean foreign NVOCCs to obtain a license, Procedural Regulations Shipping Reform Act of 1998 (‘‘OSRA’’), believing it will result in enhanced Pub. L. 105–258, 112 Stat. 1902, to the compliance with the 1984 Act. No other CFR Correction Shipping Act of 1984 (‘‘1984 Act’’), 46 comments were received, and, therefore, U.S.C. app. section 1701 et seq., relating In Title 29 of the Code of Federal we implement as final those provisions to ocean freight forwarders and non- which allow foreign NVOCCs to seek to Regulations, parts 900 to 1899, revised vessel-operating common carriers obtain a license under 46 CFR part 515. as of July 1, 1998, page 154, § 1601.74 (‘‘NVOCCs’’), 64 FR 11155–11183, As the Commission is preparing to is corrected by adding footnote four as March 8, 1999. implement the licensing and financial follows: As part of the final rule, the responsibility requirements of this part, § 1601.74 Designated and notice agencies. Commission published as an interim several issues have been raised which final rule a provision to allow foreign we will now address. (a) * * * NVOCCs the opportunity to seek to With respect to the licensing [FR Doc. 99–55517 Filed 4–28–99; 8:45 am] obtain a license under the provisions of requirements of § 515.11, in the 46 CFR part 515. We explained that supplementary information to the final BILLING CODE 1505±01±D pursuant to the definition of ‘‘in the rule, we stated that an NVOCC with a United States’’ in 46 CFR 515.3 adopted tariff and financial responsibility in 4 The Colorado State Personnel Board has been by the Commission, a foreign NVOCC effect as of April 30, 1999, would be designated as a FEP agency for only those charges could choose to establish a presence in permitted to continue operating without which relate to appointments, promotions, and the United States for licensing purposes the requisite three years’ experience and other personnel actions that take place in the State in accordance with 515.3 and secure character requirement. 64 FR 11158–59. personnel system. In addition, it has been financial responsibility applicable to However, in § 515.11(a)(3), the reference designated as a FEP agency for all of the above mentioned charges except charges which allege a NVOCCs in the United States. To to the character requirement was violation of section 704(a) of title VII. For this type establish a presence in the United States inadvertently omitted. Therefore, of charge it shall be deemed a ‘‘Notice Agency’’ necessary to obtain a license under this § 515.11(a)(3) is corrected to reflect that pursuant to 29 CFR 1601.71(b). part, a foreign NVOCC must set up an an NVOCC with a tariff and financial
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In § 515.11(a)(3), which was requisite qualifications of three years’ financial responsibility requirements published at 64 FR 11173 in the third experience and necessary character to applicable to unincorporated and column on March 8, 1999, make the render OTI services. separately incorporated branch offices, following correction: in the first In addition, we stated that an as freight forwarders previously have sentence after the word ‘‘experience’’ applicant will be provisionally licensed been, and continue to be, so required. and before the word ‘‘and’’ add the while the Commission reviews its To the extent that a separately phrase ‘‘and necessary character to application. Concerns have been raised incorporated branch office of an NVOCC render ocean transportation as to what the Commission intends by is issuing, processing, or otherwise intermediary services’. the term ‘‘provisionally.’’ The handling, the designated home office’s Bryant L. VanBrakle, Commission will issue licenses to those bills of lading, based on the rates Secretary. NVOCCs who have tariffs and financial published in the designated home [FR Doc. 99–10755 Filed 4–28–99; 8:45 am] responsibility in effect on April 30, 1999 office’s tariff, it is not required to and who file license applications and publish its own tariff. BILLING CODE 6730±01±P increase their financial responsibility by An office under the corporate May 1, 1999. These entities are umbrella that does not provide FEDERAL MARITIME COMMISSION permitted to continue operating while intermediary services under this part, the Commission processes their but for example provides air freight 46 CFR Part 520 applications. Should the review and forwarding, does not fall under the investigation of applications reveal that branch office requirements of this part, [Docket No. 98±29] an applicant is otherwise unqualified or as it is not established or maintained by unsuitable to retain a license, the or under the control of the licensee for Carrier Automated Tariff Systems regular procedures set forth at § 515.16 the purpose of rendering intermediary for revocation or suspension of a license services within the meaning of the 1984 AGENCY: Federal Maritime Commission. would apply. Act or this part. Similarly, a licensed ACTION: Adoption of final rule. OSRA and 46 CFR part 515 require, OTI is allowed to use an agent, say for for the first time, that NVOCCs obtain a sales work on behalf of the licensed SUMMARY: This rule adopts as final, with license. Consistent with the licensing principal, and the agent is not required certain clarifying modifications, the provisions applicable to freight to obtain its own license and financial interim rule published on February 26, forwarders under current regulations at responsibility, so long as the agent is 1999, which added a definition for 46 CFR part 510, and applicable to all not, in actuality, operating as a branch motor vehicles to the Federal Maritime licensed OTIs effective May 1, 1999 office of the licensee, whether Commission’s regulations concerning under 46 CFR part 515, separately unincorporated or separately automated tariff systems. incorporated branch offices are treated incorporated. DATES: Effective May 1, 1999. as separate entities. Section 515.3 The Commission has received OMB FOR FURTHER INFORMATION CONTACT: requires a separate license for separately approval for this collection of Austin L. Schmitt, Director, Bureau of incorporated branch offices. Branch information pursuant to the Paperwork Tariffs, Certification and Licensing, office is defined at § 515.2(c) as ‘‘any Reduction Act of 1995, as amended. In Federal Maritime Commission, 800 office in the United States established accordance with that Act, agencies are North Capitol Street, NW, Room 940, by or maintained by or under the required to display a currently valid Washington, DC 20573, (202) 523– control of a licensee for the purpose of control number. The valid control 5796 rendering intermediary services, which number for this collection of Thomas Panebianco, General Counsel, is located at an address different from information is 3072–0012. that of the licensee’s designated home The Commission is not aware of any Federal Maritime Commission, 800 office. This term does not include a other federal rules that duplicate, North Capitol Street, NW, Room 1018, separately incorporated entity.’’ overlap, or conflict with the new rule. Washington, DC 20573, (202) 523– Similarly, subpart C of 46 CFR part 515 5740 List of Subjects in 46 CFR Part 515 requires that separately incorporated SUPPLEMENTARY INFORMATION: On March branch offices obtain their own financial Exports, Freight forwarders, Non- 8, 1999, the Federal Maritime responsibility. Unincorporated branch vessel-operating common carriers, Commission (‘‘FMC’’ or ‘‘Commission’’) offices are not required to obtain their Ocean transportation intermediaries, published a final rule establishing own licenses, but the licensee is Licensing requirements, Financial requirements for carrier automated tariff required to increase its financial responsibility requirements, Reports systems in accordance with the responsibility by $10,000 for each and recordkeeping requirements. Shipping Act of 1984 (‘‘1984 Act’’), 46 unincorporated branch office. Accordingly, the second sentence of U.S.C. app. section 1702 et seq., as Section 515.25(a), in conjunction with § 515.11(a)(1), which was published as amended by the Ocean Shipping Reform the licensing requirements of this part, an interim final rule within the final Act of 1998 (‘‘OSRA’’), Public Law 105– could be read to require that a rule adding part 515 at 64 FR 11173 on 258, 112 Stat. 1902, 64 FR 11218. At the separately incorporated branch office of March 8, 1999, is adopted as a final rule same time, the Commission adopted a an NVOCC publish its own tariff, without change. new definition for the term ‘‘motor because an applicant who seeks to In addition, the following corrections vehicle.’’ Because this term was not obtain a license to operate as an NVOCC are made: included in the proposed rule, it went must establish its financial 1. At the end of the preamble on page into effect as an interim final rule, and responsibility and publish a tariff. We 11171 in the first column, in the fourth interested parties were given an wish to clarify that a separately line above the heading for part 510, the opportunity to comment on it. incorporated branch office of an NVOCC words ‘‘proposes to remove’’ are The Commission’s proposed is not required to publish its own tariff. corrected to read ‘‘removes’’, and in the definition in § 520.2 stated:
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Motor vehicle means an automobile, truck, the excepted treatment under OSRA is definition may be somewhat narrower van, or other motor vehicle used for the the nature of the ‘‘new, assembled than that intended by Congress, transportation of passengers and cargo; but automobile shipper market,’’ which is although, as Wallenius points out, does not include equipment such as farm or described as very concentrated and road equipment which has wheels, but Congress did reference the fact that whose primary purpose is other than employing unique shipping practices. common carriers of automobiles using transportation. Wallenius believes that the market specialized roll-on, roll-off vessels did encompassed by the Commission’s previously petition the Commission for The Commission explained that proposed definition of ‘‘motor vehicles’’ an exemption from tariff filing under the although the proposed rule did not is significantly broader than the market 1984 Act. Moreover, the discussion of contain a definition for ‘‘motor vehicle,’’ intended to be reached by the exception. the motor vehicle exemption was the appearance of the term in OSRA It interprets the Commission’s proposed limited to the common carriage of may have created some confusion in the definition as including vehicles solely automobiles and the new, assembled industry. The Commission concluded for the transportation of cargo, including that the proposed definition appears automobile shipper market, and commercial trucks and vans (including concluded that common carriage consistent with the discussion in the ‘‘18-wheelers’’), and buses and trolleys. Senate Report on S. 414, S. Rep. No. 61, requirements are not necessary for that It argues, however, that such cargoes are particular market. Report at 22. 105th Cong., 1st Sess. (1997) (‘‘Report’’). not part of the new, assembled The Commission received only one automobile shipper market that OSRA Nonetheless, Congress chose the term comment on the definition of ‘‘motor intended to address. Wallenius further ‘‘motor vehicles’’ rather than vehicle,’’ from Wallenius Lines AB asserts that such an extension flies in ‘‘automobiles’’ in the statute, and that (‘‘Wallenius’’), a common carrier the face of the general rule of statutory term must be given its full and proper engaged in the transportation of construction that exceptions to statutory meaning. The term ‘‘motor vehicle’’ is vehicles. Wallenius contends that it was provisions should not be expanded by necessarily broader than the term involved in the process that led to the implication. Wallenius, therefore, ‘‘automobile.’’ At the very least, ‘‘motor elimination of the tariff publishing suggests that the Commission adopt the vehicle’’ includes automobiles, but it requirement for ‘‘new assembled motor following definition for ‘‘new assembled must include more. In addition, there is vehicles.’’ It further submits that those motor vehicles’’: nothing in the legislative history that involved in this process were clear as to indicates that new, assembled motor the intent and reach of this exception, a new, assembled passenger vehicle product vehicles are only excepted if they are which is an automobile, a sport utility and that the legislative history of OSRA vehicle, minivan, pickup truck or other tendered by a manufacturer or a would be adequate to reflect that wheeled vehicle, the primary purpose of manufacturer’s authorized intention. It contends, however, that the which is the non-commercial transportation representative. Accordingly, the Commission’s proposed definition has of passengers, and which is tendered for Commission is adopting a compromise upset this balance by adding to the shipment by the manufacturer or the definition that should meet most of definition of ‘‘motor vehicles’’ vehicles manufacturer’s authorized representative. Wallenius’ concerns and still comport used for transportation of cargo. As an initial matter, Wallenius has with Congress’ intent. Wallenius believes that the legislative overstated the breadth of the The Commission has received OMB history of OSRA indicates that the Commission’s proposed definition for approval for this collection of commodity described as ‘‘new motor vehicle. The definition refers to information pursuant to the Paperwork assembled motor vehicles’’ is automobiles, trucks, vans, or other Reduction Act of 1995, as amended. In substantially narrower than that defined motor vehicles used for the accordance with that Act, agencies are by the Commission. It contends that the transportation of passengers and cargo. required to display a currently valid Report refers to motor vehicles in terms The latter portion of this provision is control number. The valid control of automobiles that move in written in the conjunctive and does not, number for the collection is 3072–0064. ‘‘* * * specialized, roll-on, roll-off therefore, include vehicles used solely vessels, usually in very large quantity, for the transportation of cargo, e.g. ‘‘18- The Commission is not aware of any single shipment lots pursuant to a wheelers.’’ It covers simply vehicles other federal rules that duplicate, * * * (service) contract.’’ Report at 22. used for the transportation of passengers overlap, or conflict with the new rule. Wallenius submits that this type of and cargo—for example, automobiles. It List of Subjects in 46 CFR Part 520 service is understood in the automobile was not the intent of the Commission to manufacturing industry and by its carve out such a broad exception, as Common carriers; Freight; Intermodal transportation providers as referring to indicated by the further explication that transportation; Maritime carriers; ‘‘new, fully assembled automobile motor vehicle does not include wheeled Reporting and recordkeeping manufacturer products the primary equipment such as farm or road requirements. purpose of which is the non-commercial equipment whose primary purpose is Accordingly, the interim rule transportation of passengers.’’ Wallenius other than transportation. amending 46 CFR part 520 which was contends that this includes vehicles Wallenius’ proposed definition has published at 64 FR 11218 on March 8, such as automobiles, sport utility four distinct elements for a motor 1999, is adopted as a final rule with the vehicles, passenger minivans and vehicle: (1) It must be new and following change: pickup trucks, which move in large assembled; (2) it must be a passenger quantities, in single shipment lots, for vehicle product—i.e. an automobile, a PART 520ÐCARRIER AUTOMATED the manufacturer under contract with a sport utility vehicle, minivan, pickup TARIFFS carrier. truck or other wheeled vehicle; (3) its In this regard, Wallenius notes that primary purpose must be the non- 1. The authority citation for part 520 the Report refers to prior petitions for commercial transportation of continues to read as follows: exemption before the Commission that passengers; and (4) it must be tendered Authority: 5 U.S.C. 553; 46 U.S.C. app. related exclusively to automotive by the manufacturer or the 1701–1702, 1707–1709, 1712, 1716; Pub. L. manufacturers’ products. It also notes manufacturer’s authorized 105–258, 112 Stat. 1902; and sec. 424 of Pub. that the Report states that the reason for representative. This particular L. 105–383, 112 Stat. 3411.
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2. Amend § 520.2 by revising the Inc., (202) 857–3800, 1231 20th Street, minimums only. This rule still allows definition of motor vehicle to read as NW, Washington, DC 20036. us to continue to collect data on fee follows: collections in order to analyze the List of Subjects in 47 CFR Part 73 impact of user fees on small business for § 520.2 Definitions. Radio broadcasting. future decision making. * * * * * Part 73 of Title 47 of the Code of DATES: This rule is effective June 1, Motor vehicle means a wheeled Federal Regulations is amended as 1999. vehicle whose primary purpose is follows: ADDRESSES: Send correspondence ordinarily the non-commercial concerning this rule to the Director, U.S. PART 73Ð[AMENDED] transportation of passengers, including Fish and Wildlife Service, P.O. Box an automobile, pickup truck, minivan, 1. The authority citation for Part 73 3247, Arlington, Virginia 22203–3247. or sport utility vehicle. continues to read as follows: The complete file for this final rule is * * * * * available for public inspection, by Authority: 47 U.S.C. 154, 303, 334. 336. Bryant L. VanBrakle, appointment, during normal business Secretary. § 73.202 [Amended] hours. [FR Doc. 99–10783 Filed 4–28–99; 8:45 am] 2. Section 73.202(b), the Table of FM FOR FURTHER INFORMATION CONTACT: BILLING CODE 6730±01±P Allotments under Oregon, is amended Kevin R. Adams, Chief, Office of Law by adding Condon, Channel 228A. Enforcement, Fish and Wildlife Service, Federal Communications Commission. U.S. Department of the Interior, (703) 358–1949. FEDERAL COMMUNICATIONS John A. Karousos, SUPPLEMENTARY INFORMATION: COMMISSION Chief, Allocations Branch, Policy and Rules Division, Mass Media Bureau. Background 47 CFR Part 73 [FR Doc. 99–10751 Filed 4–28–99; 8:45 am] Summary of Public Participation BILLING CODE 6712±01±P [MM Docket No. 98±173; RM±9361] We received 39 comments on the Radio Broadcasting Services; Condon, proposed rule published on January 22, OR DEPARTMENT OF THE INTERIOR 1998 (63 FR 3298) 13 of which were submitted by individuals who we AGENCY: Federal Communications Fish and Wildlife Service classified as non-consumptive users, Commission. i.e., those that do not hunt or trap ACTION: Final rule. 50 CFR Part 14 wildlife. In addition, 11 comments were received from non-consumptive RIN 1018±AE08 SUMMARY: The Commission, at the organizations such as the Animal request of John L. Zolkoske, allots Importation, Exportation, and Welfare Institute, Animal Protection Channel 228A to Condon, OR, as the Transportation of Wildlife (User Fee Institute, International Primate community’s first local aural service. Exemptions for Qualified Fur Trappers) Protection League, The Humane Society See 63 FR 53008, October 2, 1998. of the United States, and The American Channel 228A can be allotted to Condon AGENCY: Fish and Wildlife Service, Society For The Prevention Of Cruelty in compliance with the Commission’s Interior. To Animals. minimum distance separation ACTION: Final rule. We received four comments from requirements without the imposition of individuals who were consumptive a site restriction, at coordinates 45–14– SUMMARY: We, the U.S. Fish and users of wildlife and four from 18 NL; 120–11–06 WL. With this action, Wildlife Service (Service) are revising consumptive user organizations such as this proceeding is terminated. our regulations providing for user fee the International Association of Fish collections from commercial importers DATES: Effective May 24, 1999. A filing and Wildlife Agencies, the Safari Club and exporters of wildlife and wildlife International, the Alaska Trappers window for Channel 228A at Condon, products. We provide a fee exemption to OR, will not be opened at this time. Association, and the National Trappers trappers of fur-bearing wildlife Association. The states of Alaska, Instead, the issue of opening a filing operating small, low volume businesses window for this channel will be Illinois, Louisiana, and Nebraska also engaged in wildlife trade on a small sent in comments to the proposed rule. addressed by the Commission in a scale where there is relatively low cash subsequent order. We received three comments soliciting flow, to individuals who trap fur- exemptions for tropical fish imports, FOR FURTHER INFORMATION CONTACT: bearing wildlife from the wild as a and commercially raised quail and Leslie K. Shapiro, Mass Media Bureau, hobby or to supplement their income pheasant imports from Canada. We did (202) 418–2180. and who do not deal in manufactured not address these comments; they did SUPPLEMENTARY INFORMATION: This is a products or live animals as a primary not pertain to this rule. synopsis of the Commission’s Report means of income. The exemption from and Order, MM Docket No. 98–173, our inspection fee will apply to Issues Raised in Public Comments, and adopted March 31, 1999, and released commercial importers and exporters Service Responses April 9, 1999. The full text of this based upon specific criteria, including Comment: The Service needs the Commission decision is available for country of origin, numbers of items, and current fee structure as it is designed to inspection and copying during normal permitting requirements. We therefore allow the Service to pay for the business hours in the FCC Reference modify our user fee regulations to grant inspection program. Any exemptions Center (Room 239), 1919 M Street, NW., this relief to certain individuals and would begin to erode the Service’s Washington, DC. The complete text of small businesses, meeting the outlined ability to conduct critical inspections of this decision may also be purchased criteria, from the designated port wildlife being imported and exported. from the Commission’s copy contractor, inspection fees, non-designated port Response: We acknowledge that the International Transcription Services, administrative fees, and hourly Service utilizes collected fees to support
VerDate 26-APR-99 10:01 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\A29AP0.028 pfrm03 PsN: 29APR1 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Rules and Regulations 23023 its inspection program. However, the dollar value exemption for small special ports, and nondesignated ports amounts charged for inspections on businesses? that meet specific criteria. Second, by certain small businesses, such as low Response: Since 1988, there have continuing to require that all volume subsistence trappers in Alaska, been four major studies of our import/ commercial importers and exporters be may be prohibitive and cause an undue export user fee policies. One licensed, the new system would allow burden. We believe that proposed recommendation consistently made in the Service to continue to monitor exemptions will allow low volume these studies was to revise our user fee wildlife import/export activity in order trappers to continue their business policies and rates to recover the full cost to gather the data necessary to make without undue hardship. of services provided to individuals and future decisions on the true impact of Comment: Giving an exemption to businesses. We therefore adjusted our our user fees on small businesses and low volume trappers of fur-bearing fees for certain activities in order to certain individuals. recover the actual costs of services wildlife will only ‘‘open the door’’ for Authority Citation other small businesses to demand an provided for all commercial import/ exemption, thereby jeopardizing further export activities. We will update the authority citation the Service’s ability to recoup Comment: The Service’s proposed for this part to delete an obsolete inspection costs. rule does not go far enough in reference at 31 U.S.C. 483(a) and to Response: It is likely that other people exempting user fees. The Service should reflect the current United States Code who have businesses may feel the need also remove the commercial import/ citation of 31 U.S.C. 9701 regarding fees to also ask for an exemption. We export license requirement for trappers. and charges for Government services. believe, however, that in the case of the Response: The studies that analyzed our import/export policies also Inspection Fee Exemption Criteria low-volume trapper, the exemptions recommended that we license all We amend the inspection fee system may be warranted due to: commercial importers and exporters of to establish specific criteria that we will • The nature of their small low- wildlife and wildlife products. As a use to determine if the inspection fee volume businesses engaged in wildlife result, we decided to license all applies at the time of import or export. trade on a small scale where there is commercial importers and exporters. The revision uses distinctions that are relatively low cash flow; We believe the $50 per year licensing already established in the regulation. • Individuals who trap fur-bearing requirement is fair and affordable and We will use these distinctions to wildlife from the wild as a hobby or to will not be waived. establish if the inspection fee applies to supplement their income; • Comment: The upper limit of 100 furs wildlife shipments at the time of import Those who do not deal in per shipment is arbitrary and should be to or export from the United States. manufactured products or live animals increased to 1000 per shipment because Shipments will have to meet several as a primary means of income. the price a trapper gets for furs and pelts basic criteria in order to qualify for the Comment: The Service’s criteria of is not high enough to offset the costs of inspection fee exemption. 100 skins or less is meaningless because inspection. The basic exemption criteria are large volume shippers will manipulate Response: We chose the upper limit of outlined as follows: numbers of furs and skins per shipment 100 furs per shipment because we feel • The inspection fee exemption will to illegally qualify for the exemption. this number adequately represents a low only apply to shipments that do NOT Response: We have the ability to volume of shipping activity. require permits under 50 CFR parts 16 monitor the volume of importing and Accordingly, small businesses and (Injurious wildlife), 17 (Endangered and exporting by a business or individual individuals who qualify will not have to threatened wildlife and plants), 18 and feel that we will be able to detect pay inspection fees in certain situations. (Marine mammals), 21 (Migratory bird attempts to subvert the fee system by Therefore, we believe the upper limit of permits), or 23 (Endangered species manipulating shipments. 100 furs per shipment is appropriate. convention). Those shipments that Comment: Why does the Service contain wildlife that require permits Regulatory Flexibility Act inspect Convention on International will not be eligible for any inspection Trade of Endangered Species (CITES) The Regulatory Flexibility Act of 1980 fee exemption. furs that have already been inspected establishes as a principle of regulatory • The wildlife must have been and tagged by the State of Alaska. issuance that ‘‘* * * agencies shall lawfully taken from the wild in the Inspecting shipments of these furs upon endeavor, consistent with the objectives United States, Canada, or Mexico, and export is redundant and does not need of the rule and of applicable statutes, to imported or exported between the to be done. fit regulatory and informational United States and Canada or Mexico. Response: We inspect shipments requirements to the scale of the Shipments containing wildlife taken in containing wildlife protected under business, organizations, and any other country and imported or CITES upon export and import to ensure governmental jurisdictions subject to exported between any countries other that the proper permits are present, the regulation.’’ Therefore, in order to than the United States, Canada, or shipment is properly declared, and for address the immediate concerns of Mexico will not be eligible for the record keeping and reporting purposes. small business and maintain inspection fee exemption. The wildlife The State of Alaska places CITES tags consistency with the Regulatory shipment must be imported or exported on pelts taken in Alaska because most Flexibility Act, we will initiate a new by the person who took the wildlife pelts are exported to Canada. However, licensing and inspection fee system that from the wild, or by a member of that having a CITES tag affixed to a pelt and will accomplish two objectives. First, person’s immediate family, provided, the act of exporting are two separate the new system contained in this rule that the importer or exporter of record issues requiring different actions. We would grant immediate relief from the is licensed in accordance with 50 CFR also inspect imports and exports to economic burden of the increased 14.91. ensure compliance with Service inspection fees, and/or administrative • The shipment must consist of raw regulations. fees and hourly minimums, to importers fur, raw, salted, or crusted hides or Comment: Why doesn’t the Service and exporters of wildlife and wildlife skins, or separate parts thereof, and the maintain the old system of a $25,000 products at designated ports, border or shipment cannot exceed 100 raw furs,
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We believe that wildlife traders regulatory requirements, including from the burden of the inspection fees buying and selling imported wildlife in farm-raised fish from the designated for small business and certain the United States and those dealing in port requirement on export, aquatic individuals who may be manufactured products or live animals invertebrates of the Class Pelecypoda disproportionately affected. require a higher level of oversight and from the designated port and We believe a cutoff point of 100 raw are less impacted by the inspection fee. declaration requirement, and captive- furs, raw, salted, or crusted hides or The importer or exporter whose bred furbearers from the marking skins, or separate parts thereof will wildlife shipments meet the user fee requirement. We believe that these adequately distinguish between small exemption criteria will still be required distinctions are consistent with the shippers disproportionately affected and to pay overtime fees or designated port intent of the regulation. those commercial wildlife dealers less exception permit fees if applicable. If impacted by the user fee. wildlife being shipped requires a In summary, we will exempt All of the primary criteria for the user Convention on International Trade in commercial wildlife shipments from the fee exemption outlined above serve as a Endangered Species (CITES) permit, we designated port inspection fee and/or means of limiting the exemption will not exempt the shipment from the the nondesignated port administrative application to certain individuals or user fee due to the higher level of fee and hourly minimums, whichever small business, while at the same time oversight we require on these applies, for shipments meeting the maintaining the integrity and intent of shipments. following criteria: no permits are the user fee rulemaking published on required under 50 CFR parts 16, 17, 18, June 21, 1996 (62 FR 31850). By using Certification 21, or 23; imports or exports are distinctions already drawn in the In order for us to have some means of between the United States and Canada regulation, we believe that the criteria verifying that the raw furs, raw, salted or Mexico of raw fur, raw, salted, or represent a balance between or crusted hides or skins, or separate crusted hides or skins, or separate parts maintaining user fee revenues and parts thereof are, in fact, taken from the thereof, lawfully taken from the wild in providing small business economic wild by the licensee who is acting as the United States, Canada, or Mexico; relief. importer/exporter of record, or taken imported or exported by the person In addition to the primary criteria, we from the wild by a member of his or her taking the wildlife from the wild, or will use additional criteria, outlined immediate family, the licensee must taken from the wild by a member of the below, to ensure that the user fee sign a certification statement supplied importer or exporters’ immediate exemption is utilized by those intended by us at the time clearance is requested. family; provided, the importer or and to allow for statistical tracking of The certification statement will ask that exporter of record is licensed; the the exemption’s use. As stated, the the licensee certify, subject to the shipment or any part thereof has not importer or exporter of record who is penalties provided for under 18 U.S.C. been previously bought or sold; the shipping wildlife that otherwise meets 1001 for false or fraudulent statements, shipment does not exceed 100 raw furs, the inspection fee exemption criteria that he or she took the raw furs, raw, raw, salted, or crusted, hides or skins, will still have to obtain an Import/ salted, or crusted hides or skins, or or separate parts thereof; the shipment Export License from the Service at a cost separate parts thereof from the wild or does not contain any manufactured that they were taken from the wild by of $50 annually (see 50 CFR part 14, products or live animals; overtime fees, subpart I). The raw fur, raw, salted or a member of that person’s immediate if applicable, have been paid; and the crusted hides or skins, or separate parts family. We will consider the term importer or exporter has attached a thereof cannot have been previously ‘‘immediate family’’ to mean a licensee’s certification statement stating that the bought or sold if the inspection fee spouse, parents, siblings, and children. shipment contains items taken from the exemption is to apply. The fee We believe that extending the meaning wild by the importer/exporter of record exemption will not apply to to include grandparents, cousins, aunts, or by a member of that person’s manufactured products or live animals or uncles would compromise the intent immediate family. of any kind. of this rule. This signed certification The reason for the latter two criteria statement will have to be presented to The following chart illustrates the is that the fee exemption is intended to a Service officer at the time clearance is commercial user fee charges at apply to small, low volume businesses requested. designated and nondesignated ports engaged in wildlife trade on a small We intend that this inspection fee during normal working hours before the scale where there is relatively low cash exemption framework utilize existing June 21, 1996, final rule, after the flow, or to individuals who take wildlife regulatory language that grants various August 1, 1996, effective date of that from the wild as a hobby or to exemptions to 50 CFR part 14, including final rule, and under this final rule, for supplement their income and who do § 14.15 and § 14.62. In addition, 50 CFR comparison:
Fees Prior to June 21, 1996 Final Rule After August 1, 1996 effective date After September 1, 1998 effective date
Designated Port ...... Under 25k/year No Charge ...... $50/year License Fee ...... $50/year License Fee. $125/year License Fee ...... $55/shipment Inspection Fee ...... $55/shipment Inspection Fee if criteria not met. $25/Shipment Inspection Fee ...... No Charge if criteria met. Nondesignated Port Under 25K/year No Charge ...... $50/year License Fee ...... $50/year License Fee. $125/year License Fee ...... $55 Administrative Fee plus 2 hour $55 Administrative Fee plus 2 hour minimum at $20/hr ($40). minimum at $20/hr ($40) if criteria not met. $25/shipment Administrative Fee plus No Charge if criteria met. 2 hour minimum at $25/hr ($50).
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Paperwork Reduction Act of 1995, 44 proposed exemption was $700,734. Fees § 14.94 What fees apply to me? U.S.C. 3501 et seq payable to the Service on these (a) License and inspection fees. We shipments would be reduced between This final rule affects only the will impose a yearly fee for a license $22,935 and $39,615 under the rule. The requirement to pay an inspection fee for pursuant to § 14.93. In addition, you effect of this rule is much less than $100 shipments and contains no information must pay an inspection fee for each million annually. We anticipate no collections for which Office of wildlife shipment imported into or Management and Budget approval is substantial indirect economic effects so the effect of this rule is much less than exported from the United States at a required under the Paperwork designated port. If you import into or Reduction Act (44 U.S.C. 3501). $100 million annually. We do not expect the shipment volume to rise to a export from the United States wildlife Importers/exporters subject to this rule shipments meeting the criteria outlined may be subject to the requirement to file level that would generate a $100 million annual impact. This rulemaking was not in paragraph (e) of this section, you are a Declaration for Importation or exempt from the designated port Exportation of Fish or Wildlife (FWS subject to review by the Office of inspection fee, or nondesignated port form 3–177; OMB approval number Management and Budget under administrative fee and hourly 1018-0012; expiration date August 31, Executive Order 12866. minimums, whichever apply. However, 2000). This rule does not change or Accordingly, under the Regulatory affect the information collection Flexibility Act of 1980 (5 U.S.C. 601 et you must pay applicable overtime fees requirements associated with the seq.), this rulemaking will not have a and permit fees. declaration form 3–177. An agency may significant economic effect on a * * * * * not conduct or sponsor, and a person is substantial number of small entities, (e) Your wildlife shipments meeting not required to respond to a collection which include businesses, all of the following criteria are exempt organizations, or governmental of information unless it displays a from the designated port inspection fee jurisdictions. This rule exempts small currently valid OMB control number. or nondesignated port administrative fee shippers from the Fish and Wildlife Required Determinations Service inspection fee and so represents and hourly minimums: The Service has determined that these an adaptation of the current fee (1) The wildlife you are shipping does regulations meet the applicable structure to provide relief for small not require permits under parts 16, 17, standards provided in Sections 3(a) and shippers, therefore, this rule will have a 18, 21, 22, or 23 of this subchapter; 3(b)(2) of Executive Order 12988. They beneficial effect on such entities. (2) You are importing or exporting do not unduly burden the judicial List of Subjects in 50 CFR Part 14 wildlife between the United States and system. The regulations promote Canada or Mexico; simplification and provide immediate Animal welfare, Exports, Fish, (3) The wildlife you are shipping relief from the economic burden of the Imports, Labeling, Reporting and increased inspection fees, and/or recordkeeping requirements, consists of raw fur, raw, salted, or administrative fees and hourly Transportation, Wildlife. crusted hides or skins, or separate parts minimums, to importers and exporters thereof, lawfully taken from the wild in of wildlife and wildlife products at Regulation Promulgation the United States, Canada, or Mexico; designated ports, border or special For the reasons set out in the (4) You, as the importer or exporter of ports, and nondesignated ports that preamble, the Service amends Title 50, record, or a member of your immediate meet specific criteria. Chapter I, subchapter B of the Code of family (your spouse, parents, siblings, The Service has determined and Federal Regulations as set forth below: and children), took the wildlife from the certifies pursuant to the Unfunded wild; Mandates Act, 2 U.S.C. 1501 et seq., that PART 14ÐIMPORTATION, this rulemaking will not impose a cost EXPORTATION, AND (5) You are licensed in accordance of $100 million or more in any given TRANSPORTATION OF WILDLIFE with § 14.91; year on local or State governments or (6) You have not previously bought or private entities. In 1996, the total value 1. Revise the authority citation for sold the wildlife or any part thereof of all wildlife shipments which may be Part 14 to read as follows: being shipped; eligible for the exemption was $700,734. Authority: 16 U.S.C. 668, 704, 712, 1382, (7) Your shipment does not exceed Fees payable to the Service on these 1538(d)–(f), 1540(f), 3371–3378, 4223–4244, 100 raw furs, raw, salted, or crusted and 4901–4916; 18 U.S.C. 42; 31 U.S.C. 9701. shipments would be reduced between hides or skins, or separate parts thereof; $22,935 and $39,615 under the rule. 2. Amend § 14.4 by revising the Therefore, although user fees will be (8) Your shipment does not contain section heading and adding effected we anticipate that they will not any manufactured products or live alphabetically the definitions ‘‘we’’ and be substantial. The rule will not create animals. ‘‘you’’ to read as follows: a serious inconsistency or otherwise (9) You certify that your shipment interfere with an action taken or § 14.4 What terms do I have to meets the criteria in this paragraph. planned by another agency because it understand? Stephen C. Saunders, affects only Service actions. * * * * * Acting Assistant Secretary for Fish and Economic Effects We means Fish and Wildlife Service Wildlife and Parks. The Service conducted an economic or Service. [FR Doc. 99–10543 Filed 4–28–99; 8:45 am] analysis of this rule. The declared value You means licensee, or importer/ BILLING CODE 4310±55±P of all wildlife shipments requiring exporter of record. Service clearance in Fiscal Year 1995 3. Amend § 14.94 by revising the was approximately $860,000,000. In section heading and revising paragraph 1996, the total value of all wildlife (a) and adding paragraph (e) to read as shipments which may be eligible for the follows:
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DEPARTMENT OF COMMERCE and is implemented under the authority permit having red snapper aboard must of the Magnuson Fishery Conservation have landed and bartered, traded, or National Oceanic and Atmospheric and Management Act by regulations at sold such red snapper prior to noon, Administration 50 CFR part 622. Those regulations set local time, April 15, 1999. the commercial quota for red snapper in 50 CFR Part 622 During the closure, the bag and the Gulf of Mexico at 4.65 million lb possession limits specified in 50 CFR [I.D. 042399D] (2.11 million kg) for the current fishing 622.39(b) apply to all harvest or year, January 1 through December 31, possession of red snapper in or from the Fisheries of the Caribbean, Gulf of 1999. Those regulations split the red EEZ in the Gulf of Mexico, and the sale Mexico, and South Atlantic; Reef Fish snapper commercial fishing season into or purchase of red snapper taken from Fishery of the Gulf of Mexico; Closure two time periods, the first commencing the EEZ is prohibited. In addition, the of the Commercial Red Snapper at noon on February 1 with two-thirds bag and possession limits for red Component of the annual quota (3.06 million lb snapper apply on board a vessel for (1.39 million kg)) available, and the AGENCY: National Marine Fisheries which a commercial permit for Gulf reef second commencing at noon on Service (NMFS), National Oceanic and fish has been issued, without regard to September 1 with the remainder of the Atmospheric Administration (NOAA), where such red snapper were harvested. annual quota available. During the Commerce. However, the bag and possession limits commercial season, the red snapper for red snapper apply only when the ACTION: Notice of closure. commercial fishery opens at noon on recreational quota for red snapper has SUMMARY: NMFS closes the commercial the first of each month and closes at not been reached and the bag and fishery for red snapper in the exclusive noon on the 15th of each month, until possession limit has not been reduced to economic zone (EEZ) of the Gulf of the applicable commercial quotas are zero. The prohibition on sale or Mexico. NMFS has determined that the reached. purchase does not apply to sale or Under 50 CFR 622.43(a), NMFS is initial portion of the annual commercial purchase of red snapper that were required to close the commercial fishery quota for red snapper was reached on harvested, landed ashore, and sold prior for a species or species group when the April 15, 1999. This closure is necessary to noon, local time, April 15, 1999, and quota for that species or species group to protect the red snapper resource. were held in cold storage by a dealer or is reached, or is projected to be reached, processor. DATES: Closure is effective noon, local by publishing a notification to that time, April 15, 1999, until noon, local effect in the Federal Register. Based on Classification time, September 1, 1999. current statistics, NMFS has determined This action is taken under 50 CFR FOR FURTHER INFORMATION CONTACT: Roy that the available commercial quota of Crabtree, 727–570–5305. 622.43(a) and is exempt from review 3.06 million lb (1.39 million kg) for red under E.O. 12866. SUPPLEMENTARY INFORMATION: The reef snapper was reached when the fishery fish fishery of the Gulf of Mexico is closed at noon on April 15, 1999. Dated: April 23, 1999. managed under the Fishery Accordingly, the commercial fishery in Bruce Morehead, Management Plan for the Reef Fish the EEZ in the Gulf of Mexico for red Acting Director, Office of Sustainable Resources of the Gulf of Mexico (FMP). snapper will remain closed until noon, Fisheries, National Marine Fisheries Service. The FMP was prepared by the Gulf of local time, on September 1, 1999. The [FR Doc. 99–10701 Filed 4–26–99; 2:08 pm] Mexico Fishery Management Council operator of a vessel with a valid reef fish BILLING CODE 3510±22±F
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Proposed Rules Federal Register Vol. 64, No. 82
Thursday, April 29, 1999
This section of the FEDERAL REGISTER employees and report to different rule will not have a significant contains notices to the public of the proposed managers. economic impact on a substantial issuance of rules and regulations. The Currently, SBA’s District Counsels number of small entities within the purpose of these notices is to give interested who are not located in disaster offices meaning of the Regulatory Flexibility persons an opportunity to participate in the have exclusive authority to investigate Act, 5 U.S.C. § 601 et seq. This rule rule making prior to the adoption of the final any claim arising within the jurisdiction rules. provides for the more efficient covered by their Districts, including administration of SBA’s responsibilities claims based on acts or omissions of under the Federal Tort Claims Act and Disaster Assistance employees. District SMALL BUSINESS ADMINISTRATION imposes neither fees or additional Counsels also have the authority to deny administrative responsibilities on small 13 CFR Part 114 or recommend approval of a claim for businesses. For purposes of the $5,000 or less. Currently, for claims Paperwork Reduction Act, 44 U.S.C. Ch. Administrative Claims Under the Tort exceeding $5,000 but less than $25,000, 35, SBA certifies that this final rule Claims Act and Representations and District Counsels investigate claims and contains no new reporting or record Indemnification of SBA Employees forward them with a recommendation to keeping requirements. SBA’s General Counsel. For purposes of Executive Order AGENCY: Small Business Administration. Under this proposed regulation, a 12612, SBA certifies that this rule has ACTION: Proposed rule. claimant could file a tort claim against no federalism implications warranting SBA for the acts or omissions of an the preparation of a Federalism SUMMARY: SBA is revising a portion of employee of SBA’s Disaster Assistance Assessment. For purposes of Executive its rules governing Administrative Program either at the State’s District Order 12778, SBA certifies that this rule Claims under the Tort Claims Act. Office (the one closest to the site of the is drafted, to the extent practicable, in Presently a claim must be presented to injury if there are more than one District accordance with the standards set forth the SBA District Counsel for the SBA Offices) or at the nearest Disaster Area in Section 2 of that Order. District Office in the same State as the Office. The proposed regulation would claim. The SBA District Counsel has the provide authority identical to that of the List of Subjects in 13 CFR Part 114 authority to deny a tort claim of $5,000 District Counsel to the Disaster Area Claims. or less or to recommend any other Counsel to investigate and make action to the SBA General Counsel. This recommendations concerning claims For the reasons stated in the proposed rule will provide the same arising from a Disaster Assistance preamble, SBA proposes to amend 13 authority to Disaster Area Counsel when employee’s acts or omissions. It would CFR part 114 as follows: the claim is based on the acts or also vest the Associate General Counsel omissions of employees of SBA’s PART 114ÐADMINISTRATIVE CLAIMS for Litigation with the authority to UNDER THE FEDERAL TORT CLAIMS Disaster Assistance Program. It will also decide claims of $25,000 or less, which vest authority to approve or deny a tort ACT AND REPRESENTATION AND is in line with the Agency’s current INDEMNIFICATION OF SBA claim of $25,000 or less with SBA’s practice. Associate General Counsel for The proposed regulation also removes EMPLOYEES Litigation, rather than the General inaccurate language from § 114.105 1. The authority citation for part 114 Counsel. concerning the requirement that District continues to read as follows: DATES: Submit comments must on or Counsel consult with the General Counsel before approving claims for less Authority: 15 U.S.C. 634(b)(1), (b)(6); 28 before June 1, 1999. U.S.C. 2672; 28 CFR 14.11. ADDRESSES: Address comments Timothy than $5,000 (the District Counsel does Treanor, Chief Counsel to the Disaster not have the authority to approve such 2. Revise § 114.102 to read as follows: Assistance Program, U.S. Small claims). The proposed regulation also removes § 114.102. When, where, and how do I Business Administration, 409 3rd Street, present a claim? SW., Suite 7500, Washington, DC 20416. unnecessary language from §§ 114.106 and 114.108 which purports to (a) When. You must present your FOR FURTHER INFORMATION CONTACT: characterize § 114.107, and makes other claim within 2 years of the date of Timothy Treanor, (202) 205–6885. minor, technical changes. accrual. SUPPLEMENTARY INFORMATION: Under the (b) Where. You may present your Disaster Assistance Program, SBA Compliance with Executive Orders claim at the SBA District Office nearest makes direct loans to individual and 12612, 12778, 12866, the Regulatory to the site of the action giving rise to the business victims of natural disasters. Flexibility Act (5 U.S.C. § 601 et seq.), claim and within the same State as the SBA makes these loans through an and the Paperwork Reduction Act (44 site. If you claim is based on the acts or organizational structure that is separate U.S.C. Ch. 35) omissions of an employee of SBA’s and distinct from other SBA lending SBA certifies that this proposed rule Disaster Assistance Program, you may programs. The Disaster Assistance is not a significant rule within the present your claim either to the Program operates from four permanent meaning of Executive Order 12866; it is appropriate SBA District Office or to the Area Offices and from temporary local not likely to have an annual economic Disaster Assistance Office nearest to the offices that are from time to time effect of $100 million or more, result in site of the action giving rise to the claim. established to handle such disasters. a major increase in cost or prices, or (c) How. You must use an official form SBA’s Disaster Area Office employees have a significant adverse effect on which can be obtained from the SBA and local office employees are located competition or the United States office where you file the claim or give in different offices from other SBA economy. SBA also certifies that this other written notice of your claim,
VerDate 26-APR-99 14:56 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\29APP1.XXX pfrm03 PsN: 29APP1 23028 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Proposed Rules stating the specific amount of your acceptance of the payment. Acceptance side of the 275 degree bearing from the alleged damages and providing enough by you, your agent, or your legal Fernando Luis Ribas Dominicci Airport, information to enable SBA to investigate representative of any award, extending 2.5 miles west of the 13-mile your claim. You may present your claim compromise, or settlement releases all radius of the Luis Munoz Marin in person or by mail, but your claim will your claims against the United States International Airport. The operating not be considered presented until SBA under the Federal Tort Claims Act. This status of the Fernando Luis Ribas receives the written information. means that it binds you, your agent, or Dominicci Airport will change from 3. Revise § 114.105 (b) and (c) to read your legal representative, and any other Visual Flight Rules (VFR) to include IFR as follows: person on whose behalf or for whose operations concurrent with the § 114.105 Who investigates and considers benefit the claim was presented. It also publication of the SIAP. my claim? constitutes a complete release of our DATES: Comments must be received on claim against the United States and its * * * * * or before June 1, 1999. (b) In those cases in which SBA employees. If you are represented by ADDRESSES: Send comments on the investigates your claim, and which arise counsel, SBA will designate you and proposal in triplicate to: Federal out of the acts or omissions of your counsel as joint payees and will Aviation Administration, Docket No. employees other than employees of the deliver the check to counsel. Payment is 99–ASO–6, Manager, Airspace Branch, Disaster Assistance program, the SBA contingent upon the waiver of your ASO–520, P.O. Box 20636, Atlanta, District Counsel in the office with claim and is subject to the availability Georgia 30320. jurisdiction over the site where the of appropriated funds. The official docket may be examined action giving rise to the claim occurred Aida Alvarez, in the Office of the Regional Counsel for will investigate and make Administrator. Southern Region, Room 550, 1701 recommendations or determination with [FR Doc. 99–10680 Filed 4–28–99; 8:45 am] Columbia Avenue, College Park, Georgia respect to your claim. In those cases in BILLING CODE 8025±01±U 30337, telephone (404) 305–5627. which SBA investigates your claim, and FOR FURTHER INFORMATION CONTACT: which arise out of acts or omissions of Nancy B. Shelton, Manager, Airspace Disaster Assistance Program employees, DEPARTMENT OF TRANSPORTATION Branch, Air Traffic Division, Federal the SBA Disaster Area Counsel in the Aviation Administration, P.O. Box office with jurisdiction over the site Federal Aviation Administration 20636, Atlanta, Georgia 30320; where the action giving rise to the claim telephone (404) 305–5627. 14 CFR Part 71 occurred will investigate and make SUPPLEMENTARY INFORMATION: [Airspace Docket No. 99±ASO±6] recommendations or a determination Comments Invited with respect to your claim. The District Counsel, or Disaster Area Counsel, Proposed Amendment to Class D and Interested parties are invited to where appropriate, may negotiate with Class E Airspace; San Juan, PR participate in this proposed rulemaking you, and is authorized to use alternative AGENCY: Federal Aviation by submitting such written data, views dispute resolution mechanisms, which Administration (FAA), DOT. or arguments as they may desire. Comments that provide the factual basis are non-binding on SBA, when they ACTION: Notice of proposed rulemaking. may promote the prompt, fair, and supporting the views and suggestions efficient resolution of your claim. SUMMARY: The notice proposes to amend presented are particularly helpful in (c) If your claim is for $5,000 or less, Class D airspace at Fernando Luis Ribas developing reasoned regulatory the District Counsel or Disaster Area Dominicci Airport, San Juan, PR, and decisions on the proposal. Comments Counsel who investigates your claim Class E5 airspace at Luis Munoz Marin are specifically invited on the overall may deny the claim, or may recommend International Airport, San Juan, PR. A regulatory, aeronautical, economic, approval, compromise, or settlement of Global Positioning System (GPS) environmental, and energy-related the claim to the Associate General Runway (RWY) 9 Standard Instrument aspects of the proposal. Counsel for Litigation, who will in such Approach Procedure (SIAP) has been Communications should identify the a case take final action. developed for Fernando Luis Ribas airspace docket and be submitted in 4. Revise § 114.106 to read as follows: Dominicci Airport As a result, triplicate to the address listed above. additional Class D controlled airspace Commenters wishing the FAA to § 114.106 What if my claim exceeds for the Fernando Luis Ribas Dominicci acknowledge receipt of their comments $5,000? Airport extending upward from the on this notice must submit with those The District Counsel or Disaster Area surface and additional Class E5 comments a self-addressed, stamped Counsel, as appropriate, must review controlled airspace for the Luis Munoz postcard on which the following and investigate your claim and forward Marin International Airport, extending statement is made: ‘‘Comments to it with a report and recommendation to upward from 700 feet above the surface Airspace Docket No. 99–ASO–6.’’ The the Associate General Counsel for is needed to accommodate the SIAP and postcard will be date/time stamped and Litigation or designee, who may for Instrument Flight Rules (IFR) returned to the commenter. All approve or deny an award, compromise, operations at Fernando Luis Ribas communications received before the or settlement of claims in excess of Dominicci Airport. The Class D airspace specified closing date for comments will $5,000, but not exceeding $25,000. 5. Revise § 114.108 to read as follows: would be increased from a 3 mile to a be considered before taking action on 3.9-mile radius of Fernando Luis Ribas the proposed rule. The proposal § 114.108 What if my claim is approved? Dominicci Airport and within 1 mile contained in this notice may be changed SBA will notify you in writing if it each side of the 275 degree bearing from in light of the comments received. All approves your claim. The District the Fernando Luis Ribas Dominicci comments submitted will be available Counsel or Disaster Area Counsel Airport, extending from the 3.9-mile for examination in the Office of the investigating your claim will forward to radius to 5.3 miles west of the airport. Regional Counsel for Southern Region, you, your agent, or legal representative The Class E5 airspace area for the Luis Room 550, 1701 Columbia Avenue, the forms necessary to indicate Munoz Marin International Airport College Park, Georgia 30337, both before satisfaction of your claim and your would be increased within 1 mile each and after the closing date for comments.
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A report summarizing each substantive under the criteria of the Regulatory Marin International Airport and that airspace public contact with FAA personnel Flexibility Act. north of lat. 18°23′00′′ N., within a 13-mile concerned with this rulemaking will be radius of Luis Munoz Marin international List of Subjects in 14 CFR Part 71 filed in the docket. Airport and within one mile each side of the Airspace, Incorporation by reference, 275 degree bearing from the Fernando Luis Availability of NPRMs Navigation (Air). Ribas Dominicci Airport, extending 2.5 miles Any person may obtain a copy of this west from the 13-mile radius point. The Proposed Amendment Notice of Proposed Rulemaking (NPRM) * * * * * by submitting a request to the Federal In consideration of the foregoing, the Issued in College Park, Georgia, on April Aviation Administration, Manager, Federal Aviation Administration 19, 1999. Airspace Branch, ASO–520, Air Traffic proposes to amend 14 CFR part 71 as Nancy B. Shelton, Division, P.O. Box 20636, Atlanta, follows: Acting Manager, Air Traffic Division Southern Georgia 30320. Communications must Region. identify the notice number of this PART 71ÐDESIGNATION OF CLASS A, [FR Doc. 99–10735 Filed 4–28–99; 8:45 am] NPRM. Persons interested in being CLASS B, CLASS C, CLASS D, AND BILLING CODE 4910±13±M placed on a mailing list for future CLASS E AIRSPACE AREAS; NPRMs should also request a copy of AIRWAYS; ROUTES; AND REPORTING Advisory Circular No. 11–2A which POINTS DEPARTMENT OF THE INTERIOR describes the application procedure. 1. The authority citation for 14 CFR Minerals Management Service The Proposal part 71 continues to read as follows: The FAA is considering an Authority: 49 U.S.C. 106(g), 40103, 40113, 30 CFR Part 250 amendment to part 71 of the Federal 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Aviation Regulations (14 CFR part 71) to 1963 Comp., p. 389. Training of Lessee and Contractor Employees Engaged in Oil and Gas amend Class D airspace at the Fernando § 71.1 [Amended] Luis Ribas Dominicci Airport, San Juan, and Sulphur Operations in the Outer 2. The incorporation by reference in Continental Shelf PR, and Class E5 airspace at the Luis 14 CFR 71.1 of Federal Aviation Munoz Marin International Airport, San Administration Order 7400.9F, Airspace AGENCY: Minerals Management Service Juan, PR. A GPS RWY 9 SIAP has been Designations and Reporting Points, (MMS), Interior. developed for Fernando Luis Ribas dated September 10, 1998, and effective ACTION: Notice of public workshop. Dominicci Airport. As a result, September 16, 1998, is amended as additional controlled airspace extending follows: SUMMARY: This notice announces a upward from the surface and additional public workshop that MMS will controlled airspace extending upward Paragraph 5000. Class D airspace. conduct to discuss our proposed from 700 feet above the surface is * * * * * revision of the training regulations at 30 needed to accommodate the SIAP and ASO PR D San Juan, PR [Revised] CFR Part 250, Subpart O. This workshop for Instrument Flight Rules (IFR) will provide the public an opportunity operations at Fernando Luis Ribas Fernando Luis Ribas Dominicci Airport (Lat. 18°27′25′′ N., long. 66°05′54′′ W.) to comment on the proposed rule. Dominicci Airport. Class D airspace Luis Munoz Marin International Airport DATES: The date of the public workshop designations are published in Paragraph (Lat. 18°26′22′′ N., long. 66°00′07′′ W.) is June 10, 1999, from 8:30 a.m. to 12:30 5000 and Class E5 airspace designations p.m., at the location listed in the are published in Paragraph 6005 of FAA That airspace extending upward from the surface, to but not including 1,200 feet MSL, address section. Order 7400.9F, dated September 10, within a 3.9-mile radius of San Juan ADDRESSES: 1998, and effective September 16, 1998, The workshop will be held Fernando Luis Ribas Dominicci Airport and in the ballroom of the Sheraton Crown which is incorporated by reference in 14 within 1 mile each side of the 275 degree CFR 71.1. The Class D and Class E5 Hotel, 15700 John F. Kennedy bearing from the Fernando Luis Ribas Boulevard, Houston, Texas 77032. For airspace designations listed in this Dominicci Airport, extending from the 3.9- document would be published mile radius to 5.3 miles west of the airport; directions, please call Ms. Donna subsequently in the Order. excluding that portion within the San Juan Daniels of the Sheraton at (281) 442– The FAA has determined that this Luis Munoz Marin International Airport, PR, 5100. proposed regulation only involves an Class C airspace area. This Class D airspace FOR FURTHER INFORMATION CONTACT: Mr. established body of technical area is effective during the dates and times Wilbon Rhome, MMS, Operations established in advance by a Notice to regulations for which frequent and Analysis Branch, telephone (703) 787– Airmen. The effective date and time will 1587, Fax (703) 787–1555, or email routine amendments are necessary to thereafter be continuously published in the keep them operationally current. It, Airport/Facility Directory. [email protected]. therefore, (1) is not a ‘‘significant * * * * * SUPPLEMENTARY INFORMATION: The goal regulatory action’’ under Executive of this workshop is to give the public an Order 12866; (2) is not a ‘‘significant Paragraph 6005. Class E Airspace Areas opportunity to provide MMS input on rule’’ under DOT Regulatory Policies Extending Upward from 700 feet or More our proposal and to discuss our plans to and Procedures (44 FR 11034; February Above the Surface of the Earth. use a series of performance measures to 26, 1979); and (3) does not warrant * * * * * periodically assess lessee and contractor preparation of a Regulatory Evaluation ASO PR E5 San Juan, PR [Revised] training programs. These measures may as the anticipated impact is so minimal. Luis Munoz Marin International Airport include the following: (1) audits; (2) Since this is a routine matter that will (Lat. 18°26′22′′ N. long. 66°00′07′′ W.) written testing; (3) hands-on testing; only affect air traffic procedures and air Fernando Luis Ribas Dominicci Airport and/or (4) employee interviews. Under navigation, it is certified that this rule, (Lat. 18°27′25′′ N, long. 66°05′54′′ W.) the proposed rule, MMS would allow when promulgated, will not have a That airspace extending upward from 700 lessees and contractors to develop and significant economic impact on a feet above the surface south of lat. 18°23°00′′ implement their own training programs. substantial number of small entities N., within a 17-mile radius of Luis Munoz They will also have the flexibility to
VerDate 26-APR-99 10:20 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\A29AP2.011 pfrm03 PsN: 29APP1 23030 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Proposed Rules develop alternative training programs. 01 at the U.S. Environmental Protection Use of the SF-DODS, at the proposed The MMS published the proposed rule Agency, 401 M Street, SW, Room M– annual volume limit of 4.8 million cubic in the Federal Register on April 20, 1500, Washington DC 20460. EPA yards, is consistent with, and is an 1999 (63 FR 19318). We will be requests that a copy of comments also important component of the regional accepting comments throughout the 90- be sent to Alan Stout, U.S. EPA, Engine Long Term Management Strategy for the day comment period, which closes on Programs and Compliance Division, Placement of Dredged Material in the July 19, 1999. 2000 Traverwood Dr., Ann Arbor, MI San Francisco Bay Region (LTMS). 48105. Clarifications to the original site Registration FOR FURTHER INFORMATION CONTACT: Ines designation Rule, developed from The workshop will not have a Storhok, U.S. EPA, Engine Programs and experience with and monitoring of site registration fee. However, to assess the Compliance Division, (734) 214–4575; use since designation, include addition probable number of participants, MMS [email protected]. of management measures and other site asks participants to register by SUPPLEMENTARY INFORMATION: On use requirements to further minimize contacting Wilbon Rhome by June 1, February 8, 1999, EPA published a the potential for any adverse 1999, at the phone numbers or email notice of proposed finding for an environmental impacts. address provided for further emission control program for new DATES: Comments must be received on information. nonroad spark-ignition engines rated or before Jnue 1, 1999. Proceedings above 19 kilowatts and new land-based ADDRESSES: Send questions or Proceedings will be transcribed and recreational spark-ignition engines (64 comments to: Ms. Kathleen Dadey, copies will be available for purchase. FR 6008). In this proposal, EPA Dredging and Sediment Management We will provide details for obtaining proposed a finding that nonroad spark- Team, U.S. Environmental Protection copies of the proceedings during the ignition engines rated above 19 Agency, Region IX (WTR–8), 75 workshop. kilowatts, as well as all land-based Hawthorne Street, San Francisco, CA recreational nonroad spark-ignition 94105, telephone (415) 744–1995. Dated: April 21, 1999. engines, cause or contribute to air FOR FURTHER INFORMATION CONTACT: Ms. E. P. Danenberger, quality nonattainment in more than one Kathleen Dadey, Dredging and Sediment Chief, Engineering and Operations Division. ozone or carbon monoxide Management Team, U.S. Environmental [FR Doc. 99–10737 Filed 4–28–99; 8:45 am] nonattainment area. The comment Protection Agency, Region IX (WTR–8), BILLING CODE 4310±MR±P period ended April 12, 1999. EPA has 75 Hawthorne Street, San Francisco, CA received several requests to extend the 94105, telephone (415) 744–1995 or Mr. comment period by 60 days to give Allan Ota, telephone (415) 744–1980. ENVIRONMENTAL PROTECTION affected parties more time to address the SUPPLEMENTARY INFORMATION: The AGENCY issues raised in the notice of proposed primary supporting documents for this finding. EPA agrees that an extension of designation amendment are the Final 40 CFR Part 83 the comment period may be beneficial. EIS for the Designation of a Deep Water [FRL±6332±8] Therefore, EPA is extending the Ocean Dredged Material Disposal Site comment period to June 11, 1999. off San Francisco, California (August Extension of Comment Period for Dated: April 22, 1999. 1993), the Long Term Management Control of Emissions of Air Pollution Robert Perciasepe, Strategy for the Placement of Dredged From New Nonroad Spark-Ignition Assistant Administrator for Air and Material in the San Francisco Bay Engines Rated Above 19 Kilowatts and Radiation. Region Final Policy EIS/Programmatic New Land-Based Recreational Spark- [FR Doc. 99–10728 Filed 4–28–99; 8:45 am] EIR (October, 1998), and the SF-DODS Ignition Engines; Notice of Proposed BILLING CODE 6560±50±M designation Final Rule (40 CFR Finding 228.15(l)(3)). All are available for public inspection at the following locations: AGENCY: Environmental Protection 1. EPA Region IX, Library, 75 Agency (EPA). ENVIRONMENTAL PROTECTION AGENCY Hawthorne Street, 13th Floor, San ACTION: Proposed finding; notice of Francisco, California 94105. extension of comment period. 40 CFR Part 228 2. EPA Public Information Reference Unit, Room 2904, 401 M Street, S.W., SUMMARY: EPA is extending the [FRL±6320±3] comment period for the Notice of Washington, DC 20460. 3. ABAG/MTC Library, 101 8th Street, Proposed Finding for new nonroad Ocean Dumping; Amendment of Site Oakland, California 94607. spark-ignition engines rated above 19 Designation 4. Alameda County Library, 835 C kilowatts and new land-based AGENCY: Environmental Protection Street, Hayward, California 94541. recreational spark-ignition engines. The Agency EPA). 5. Bancroft Library, University of Notice of Proposed Finding was ACTION: Proposed rule. California, Berkeley, California 94720. published in the Federal Register on 6. Berkeley Public Library, 2090 February 8, 1999 (64 FR 6008). The SUMMARY: The Environmental Protection Kittredge Street, Berkeley, California close of the comment period for the Agency (EPA) proposes to amend the 94704. proposed finding is April 12, 1999. EPA site designation for the San Francisco 7. Daly City Public Library, 40 is extending the closure of the comment Deep Ocean Disposal Site (SF-DODS), Wembley Drive, Daly City, California period to June 11, 1999. an existing deep ocean dredged material 94015. DATES: Comments regarding all issues disposal site located off San Francisco, 8. Environmental Information Center, related to the notice of proposed finding California, by setting a permanent San Jose State University, 125 South 7th will be accepted until June 11, 1999. annual disposal volume limit and Street, San Jose, California 95192. ADDRESSES: Comments on this proposal clarifying conditions and requirements 9. Half Moon Bay Library, 620 Correas should be sent to Public Docket A–98– for use of the site. Street, Half Moon Bay, California 94019.
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10. Hayward Public Library, 835 C 18. San Mateo County Library, 25 A. Regulated Entities Street, Hayward, California 94541. Tower Road, San Mateo, California 11. Hoover Institute, Stanford 94402. Entities potentially regulated by this University, Stanford, California 94305. 19. Santa Clara County Free Library, action are persons, organizations, or 12. Marin County Library, Civic 1095 North Seventh Street, San Jose, government bodies seeking to dispose of Center, 3501 Civic Center Drive, San California 95112. dredged material in ocean waters at the Rafael, California 94903. 20. Santa Cruz Public Library, 224 SF–DODS, under the Marine Protection 13. North Bay Cooperative Library, Church Street, Santa Cruz, California Research and Sanctuaries Act, 33 U.S.C. 725 Third Street, Santa Rosa, California 95060. 1401 et seq. The Rule would be 95404. 21. Sausalito Public Library, 420 Litho primarily of relevance to parties in the 14. Oakland Public Library, 125 14th Street, Sausalito, California 94965. San Francisco area seeking permits from Street, Oakland, California 94612. 22. Stanford University Library, the U.S. Army Corps of Engineers to 15. Richmond Public Library, 325 Stanford, California 94305. transport dredged material for the Civic Center Plaza, Richmond, Additional supporting documentation purpose of disposal into ocean waters at California 94804. is contained in the draft SF-DODS Site the SF–DODS, as well as the U.S. Army 16. San Francisco Public Library, Management and Monitoring Plan Corps of Engineers itself (when Civic Center, Larkin & McAllister, San Implementation Manual, the LTMS EIS/ proposing to dispose of dredged Francisco, California 94102. R administrative record, and related material at the SF–DODS). Potentially 17. San Francisco State University documents, available from the EPA regulated categories and entities seeking Library, 1630 Holloway Avenue, San Region IX Library (number 1 in the list to use the SF–DODS and thus subject to Francisco, California 94132. above). this Rule include:
Category Examples of potentially regulated entities
Industry and General Public ...... • Ports. • Marinas and Harbors. • Shipyards and Marine Repair Facilities. • Berth owners. State, local and tribal governments ...... • Governments owning and/or responsible for ports, harbors, and/or berths. • Government agencies requiring disposal of dredged material associated with public works projects. Federal government ...... • U.S. Army Corps of Engineers Civil Works projects. • Other Federal agencies, including the Department of Defense.
This table lists the types of entities action, proposing to amend the 40 CFR comprehensive, technically feasible, that EPA is now aware could potentially 228.15(l)(3) SF–DODS designation Rule, environmentally suitable, and be regulated. EPA notes, however, that is being made pursuant to that economically prudent long-range nothing in this amendment alters in any authority. approach to meeting the region’s way, the jurisdiction of EPA, or the By publication of a Final Rule in the dredged material disposal needs. types of entities regulated under the Federal Register on August 11, 1994 (59 In its August 11, 1994 Final Rule, EPA Marine Protection Research and FR 41243), EPA Region IX designated designated the SF–DODS for use for a Sanctuaries Act. To determine if you or the SF–DODS as an ocean dredged period of 50 years, with an interim your organization is potentially material disposal site. The center of the capacity of six million cubic yards per regulated by this action, you should SF–DODS is located approximately 49 calendar year until December 31, 1996. carefully consider whether you expect nautical miles (91 kilometers) west of Because the LTMS regional planning to propose ocean disposal of dredged the Golden Gate and occupies an area of effort was not completed by that date, material, in accordance with the approximately 6.5 square nautical miles the SF–DODS designation was Purpose and Scope provisions of 40 CFR (22 square kilometers). Water depths subsequently extended (by Final Rule 220.1, and if you wish to use the SF– within the SF–DODS range from dated December 30, 1996, 61 FR 68964) DODS. If you have questions regarding approximately 8,200 to 9,840 feet (2,500 at an interim annual volume limit of 4.8 the applicability of this action to a to 3,000 meters). The center coordinates million cubic yards until December 31, particular entity, consult the persons of the oval-shaped site are: 37°39.0′ 1998. The reason for revising the listed in the proceeding FOR FURTHER North latitude by 123°29.0′ West volume limit from six to 4.8 million INFORMATION section. longitude (North American datum, cubic yards was the revised and dated 1983). The north-south axis is substantially decreased estimate of the B. Background approximately four nautical miles (7.5 long term need for ocean disposal of Section 102(c) of the Marine kilometers); the east-west axis is 2.5 dredged material, resulting primarily Protection Research and Sanctuaries Act nautical miles (4.5 kilometers). from military base closures in the (MPRSA) of 1972, as amended, 33 The SF–DODS is an important region. U.S.C. 1401 et seq., gives the component of the LTMS. The LTMS is Since the August 11, 1994 and Administrator of EPA authority to a cooperative interagency planning December 30, 1996 Final Rules, designate sites where ocean disposal process for dredged material substantial effort has been made toward may be permitted. On October 1, 1986, management that incorporates concerns development of a comprehensive the Administrator delegated authority to and issues of a wide range of dredged material management approach designate ocean dredged material stakeholders, including navigation and for the region. The federal and state disposal sites to the Regional fishing interests, environmental LTMS agencies have prepared the Final Administrator of the EPA Region in organizations and the general public. LTMS EIS/R which was published in which the site(s) is located. Today’s The LTMS seeks to develop a October 1998. The LTMS EIS/R
VerDate 26-APR-99 14:56 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\29APP1.XXX pfrm03 PsN: 29APP1 23032 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Proposed Rules evaluates dredged material management annual volume limit of 4.8 million cubic result of trips to the SF–DODS. (The options for the San Francisco Bay yards, and that this disposal volume 1998 LTMS EIS/R assumed a worst-case Region over the next 50 years, and limit is an important aspect of the situation of approximately three times contains a comprehensive evaluation of regional LTMS planning effort and the average disposal frequency alternatives for dredged material necessary for its success. Today’s action evaluated in the SF–DODS EIS.) One disposal in the San Francisco Bay area, is primarily intended to set a permanent commenter, using vessel traffic including ocean disposal, in-Bay annual volume limit that will allow the information summarized in the SF– disposal (placement at designated sites SF–DODS to accommodate dredging DODS EIS, calculated that worst-case within the San Francisco Bay Estuary projects for which beneficial reuse (and/ overall vessel traffic increases in the that are managed under section 404 of or upland disposal) is not practicable, Western Traffic Lane due to dredged the Clean Water Act), and upland while minimizing the amount of material transport could be as great as disposal or beneficial reuse. The dredged material disposed in-Bay. In 77 percent of the existing traffic. The alternatives evaluated in the LTMS EIS/ addition, EPA is also proposing several commenter was concerned that this R include varying levels of dredged changes that clarify the Site vessel traffic increase could result in material disposal or reuse in each of Management and Monitoring Plan significant disturbance-related impacts, these three placement environments. (SMMP) for the SF–DODS, and that especially to seabirds and marine The potential environmental and provide enhanced environmental mammals. socioeconomic effects of each protection. EPA has re-evaluated the potential alternative were evaluated in the EIS/R. vessel traffic increase, and the potential Based on these analyses, the C. Disposal Volume Limit for this increase to result in adverse environmentally preferred alternative The proposed annual disposal limit environmental impacts. This evaluation, (and the selected action) calls for for the SF–DODS (as a permanently which is presented in detail in the significantly reducing in-Bay disposal designated site) is 4.8 million cubic response to comments on the LTMS and significantly increasing beneficial yards. This volume is considerably less EIS/R, corroborates the EIS/R reuse and/or upland disposal. than the 6 million cubic yards per year commenter’s calculations and suggests Specifically, the LTMS selected originally determined to be that overall traffic increases may be alternative includes a long-term goal of environmentally acceptable for the SF– between 110 and 162 percent. 20% in-Bay disposal, 40% beneficial DODS. To date, project-specific, annual, Nevertheless, EPA has determined that reuse (and/or upland disposal), and and confirmatory monitoring efforts significant adverse impacts are unlikely 40% ocean disposal, primarily at the have indicated that disposal at the SF– to result from even the worst-case vessel SF–DODS. DODS has not resulted in significant traffic increases potentially associated The LTMS EIS/R recognized, adverse environmental impacts, with the proposed 4.8 million cubic however, that beneficial reuse of consistent with the conclusions of the yard annual disposal volume limit, for dredged material, especially in the original (1993) site designation EIS. the following reasons: earlier years of LTMS implementation, A number of disposal violations have • will not always be a practicable The worst-case increase in vessel traffic occurred since the SF–DODS was is significant in terms of absolute numbers. alternative. Currently, only limited designated in 1994. However, However, the majority of other vessels using opportunities for beneficial use of considering that nearly 2,500 barge the Western Traffic Lane (i.e., the one used dredged material exist in the Bay area. loads have been disposed at the site by dredged material disposal-related vessels) Although several reuse projects are in over the past three years 1, violations are considerably larger in size, travel faster, the planning stages, their specific have been relatively rare. Furthermore, carry cargo that is likely to be more capacities and the time frames of their EPA has vigorously pursued dangerous to the aquatic environment if availability are uncertain. In addition, enforcement of permit violations and spilled or otherwise discharged, and generally are expected to result in a greater the costs associated with reuse options will continue to do so. may render them not practicable for potential for disturbance to birds and Public comments on the LTMS EIS/R mammals along the route to the SF–DODS certain projects or entities. For these and on the draft SF–DODS Site than do the relatively small and slow-moving reasons, a relatively higher proportion Management and Monitoring Plan tugs and barges transporting dredged of aquatic (ocean plus in-Bay) disposal Implementation Manual expressed the material. For example, as documented in the than called for as the long term goal concern that the original SF–DODS site LTMS Final EIS/R, large commercial ships under the LTMS selected alternative is designation EIS (EPA, 1993) contained (56%) and tankers (13.3%) comprised the expected to be necessary until an inaccurate evaluation of potential majority of the vessels using the Western substantial new upland disposal or impacts due to increased disposal- Transit Lane during the period of 1980 reuse capacity becomes available. through 1991.2 related vessel traffic to and from the SF– • EPA has determined that disposal of Monitoring to date, including regional DODS. Specifically, the original site environmental monitoring and observers on suitable dredged material at the SF– designation EIS concluded that vessel DODS presents less risk of adverse dredged material disposal vessels, traffic in the area would increase by particularly during years of high disposal environment impact than does in-Bay only approximately two percent as a activity, has confirmed that no adverse disposal (see for example, Section 6.1 of effects to seabirds and marine mammals have the LTMS Final EIS/R). Therefore, to the 1 For example, during the Oakland Harbor 42 foot occurred in terms of distraction, stress or extent that disposal at the SF–DODS is deepening project, EPA noted approximately 10 alteration of behavior. Furthermore, seabird practicable, it may be the least disposal incidents outside the original target area, and marine mammal monitoring during environmentally damaging alternative, but within the SF–DODS site, two incidents outside transits to the SF–DODS will continue, and and in-Bay disposal of dredged material the disposal site, but also outside of the Marine in some cases may increase, as a result of Sanctuaries, and two disposal incidents within the proposed changes to Mandatory Condition may not be permitted under the Clean Gulf of the Farallones National Marine Sanctuary. #12 (see below). Water Act section 404(b)(1) Guidelines Two incidents resulted, at least in part, from (40 CFR part 230). Consequently, EPA weather- or equipment-related emergencies. Similarly, EPA is aware of only two disposal 2 Data are from the Final Environmental Impact has determined that there is a need for incidents arising from the recent Richmond Harbor Statement for Designation of a Deep Water Ocean continued availability of the SF–DODS deepening project which were both the result of Dredged material Disposal Site off San Francisco, for dredged material disposal at the mechanical failures. California (August 1993).
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D. Other Technical Changes to the SF– designated marine traffic lanes. A selection and approval of ocean disposal DODS SMMP portion of the existing traffic lane used sites for continued use (40 CFR 228.5 SMMP Implementation Manual: EPA to transport material to the SF–DODS and 40 CFR 228.6(a)). As described in proposes to clarify the SF–DODS Rule to overlaps the three mile limit around the the site designation EIS, the SF–DODS ensure that permittees use the most Farallon Islands. Therefore, EPA is was specifically selected as the proposing a change to Mandatory alternative which best complies with current information available regarding # site management and monitoring by Condition 4 to reflect that the these criteria. Monitoring activities conducted explicitly directing them to adhere to permittee must be at all times within the pursuant to the requirements of the SF– requirements contained in the current traffic lane, but is encouraged to remain at least three miles from the Farallon DODS SMMP have shown that the SF– version of the SMMP Implementation Islands whenever possible, consistent DODS is in compliance with the site Manual. EPA intends to use the with safe navigation practices. designation criteria and is performing as Implementation Manual as the primary Navigation Systems: Previous predicted in the site designation EIS. vehicle for addressing new technology, experience with disposal at SF–DODS For example, seafloor mapping indicates making changes resulting from site has indicated to EPA that some that bulk of the dredged material has monitoring, and incorporating other permittees and/or their contractors may landed within the site boundary and has improvements. In this way, EPA can not be interpreting the details of this not been transported offsite thereafter. effect necessary modifications in the condition as EPA intended. Therefore, Deposits exceeding 17 centimeters in most expedient and efficient manner. we propose to clarify our intent by thickness have been identified only at Surface Target Area: EPA is providing more specific information in the center of the SF–DODS and no proposing modifications to Mandatory # the condition. deposits thicker than the five centimeter Condition 5 to reduce the surface target Monitoring During Transit: EPA threshold established in the site area of the SF–DODS from the existing proposes to clarify Mandatory Condition designation Final Rule have been radius of 1,000 meters to a circle with #12 to ensure continued and detected at or outside of the site a radius of 600 meters. EPA’s intent is representative monitoring of birds and boundary. No apparent changes in the to ensure that dredged material marine mammals during transit of basic successional stage of the native deposition outside of the SF–DODS dredged material vessels to the SF– benthic communities attributable to boundary is minimized. DODS and to focus monitoring effort dredged material disposal have been Acceptable Sea State: A number of during times when transport of material observed outside the site boundary. commenters to the SF–DODS SMMP is high. We intend to ensure that Therefore, any significant disturbances Implementation Manual and the LTMS observers are present on a sufficient associated with dredged material EIS/R expressed concern regarding the number of disposal vessel trips to disposal are limited to within the site maximum acceptable sea state for transit characterize fully the potential impact boundary. In addition, water column to the SF–DODS. They felt that the of disposal site use and transit on studies have confirmed that plumes existing limits of ‘‘gale warning’’ and seabirds and marine mammals, taking resulting from disposal operations seas ‘‘over 18 feet’’ were not restrictive into account, to the extent feasible, dissipate rapidly and that the enough to minimize spillage and seasonal variations in such potential suspended sediment concentration of accidents. The Corps has incorporated impacts. plumes decreases to ambient levels revised acceptable sea states in its Violation Notification: In response to shortly after disposal. contracts for recent dredging projects a request from the National Oceanic and Vessel traffic associated with disposal and EPA has clarified sea states in the Atmospheric Administration, EPA is operations has not interfered with SMMP Implementation Manual to proposing to modify Mandatory overall navigation in the region and has address these concerns. EPA proposes to Condition #11 to specifically require had no significant impact on marine codify a more restrictive sea state limit permittees to notify the Sanctuary mammals, birds, fish or other flora or by modifying Mandatory Condition #1 Manager within 24 hours of any permit fauna in the general region of the SF– to specifically limit the acceptable wave violation which occurs within the DODS. Moreover, management actions height to a maximum of 16 feet. boundaries of either the Gulf of the taken by EPA and codified in today’s Improvements in technology may result Farallones National Marine Sanctuary or proposed Rule further reduce the in changes to particular characteristics the Monterey Bay National Marine potential for adverse impacts. of the acceptable sea state (e.g., wave Sanctuary. Furthermore, EPA will EPA has determined that, in general, period). EPA will update the SMMP continue to inform the Sanctuary disposal of suitable dredged material at Implementation Manual to incorporate Managers of all violations, both within the SF–DODS is less environmentally these changes, as appropriate. and outside of the Sanctuaries. damaging than in-Bay disposal (see for Scow Loading and Certification: EPA Reporting Requirements: EPA is example, Section 6.1 in the LTMS Final and the Corps have implemented proposing to modify Mandatory EIS/R). Therefore, use of the SF–DODS several other modifications to dredging Condition #13 to specifically require for disposal of suitable dredged material and disposal operations as a result of permittees to provide all pertinent has reduced potential cumulative experience gained from monitoring and information related to the dredging and adverse impacts to the aquatic managing the SF–DODS to date. We are dredged material disposal to the environment. Use of the SF–DODS proposing revisions to Mandatory agencies. This will ensure that EPA and during 1996, 1997 and 1998 resulted in Condition #2 to clarify dredged material the Corps of Engineers have adequate a total of approximately 5.7 million disposal vessel loading limitations and data to determine if permit violations cubic yards of dredged material not to include more specific provisions for have occurred and to correct such being disposed at in-Bay sites. inspections and written certification of violations at the earliest possible time. Taken together, the evaluations each disposal vessel. presented in the site designation EIS Distance from Farallon Islands: The E. Ocean Dumping Site Designation and Final Rule, and the site monitoring U.S. Coast Guard has noted that EPA Criteria results to date, confirm that the SF– does not have authority to restrict vessel Five general criteria and 11 specific DODS is performing as predicted and traffic within already existing site selection criteria are used in the that it continues to meet the general and
VerDate 26-APR-99 10:20 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\A29AP2.017 pfrm03 PsN: 29APP1 23034 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Proposed Rules specific site designation criteria of 40 scope of the prior review and do not (d) Raise novel legal or policy issues CFR 228.5 and 228.6. Furthermore, EPA require further Commission review. arising out of legal mandates, the Presidents Region IX has determined that it is priorities, or the principles set forth in the 2. Endangered Species Act Consultation appropriate to designated a permanent Executive Order. annual disposal volume limit of 4.8 During development of the site This proposed amendment should million cubic yards for the SF–DODS. designation EIS, EPA consulted with the have minimal impact on permittees. National Marine Fisheries Service Clarifications contained herein do not Management of the site continues to (NMFS) and the U.S. Fish and Wildlife substantively alter the intent of the Rule be the responsibility of the Regional Service (FWS) pursuant to the nor its interpretation, and in general, Administrator of EPA Region IX, in provisions of the Endangered Species codify actions that are already being cooperation with the Corps South Act (ESA), regarding the potential for taken. The annual volume limitation Pacific Division Engineer and the San designation and use of any of the merely makes permanent the temporary Francisco District Engineer, based on alternative ocean disposal sites under volume set in the December 30, 1996 the requirements defined in the Final study to jeopardize the continued Rule amendment (61 FR 68964). Rule. The requirement for compliance existence of any federally listed species. Consequently, EPA has determined that with the Ocean Dumping Criteria of the This consultation process is fully this proposed Rule is not a ‘‘significant MPRSA may not be superseded by the documented in the August 1993 site regulatory action’’ under the terms of provisions of the LTMS or any future designation EIS. NMFS and FWS Executive Order 12866. comprehensive regional management concluded that none of the three plan for dredged material. EPA also 2. Regulatory Flexibility Act, as alternative disposal sites, including the emphasizes that ocean disposal site Amended by the Small Business SF–DODS, if designated and used for designation does not constitute or imply Regulatory Enforcement Fairness Act of disposal of dredged material meeting EPA Region IX’s or the Corps San 1996 the criteria for ocean disposal, would Francisco District’s approval of ocean likely jeopardize the continued The Regulatory Flexibility Act (RFA) disposal of dredged material from any existence of any federally listed species. provides that whenever an agency project. Before disposal of any dredged The results of over four years of promulgates a final rule under 5 U.S.C. material at the SF–DODS may occur, monitoring data indicate that disposal of 553, the agency must prepare a EPA Region IX and the Corps San dredged material at the SF–DODS has regulatory flexibility analysis (RFA) Francisco District must evaluate the not had an adverse impact on federally unless the head of the agency certifies proposed project according to the Ocean listed or candidate species, nor their that the proposed Rule will not have a Dumping Criteria (40 CFR part 227) designated critical habitat. significant economic impact on a adopted pursuant to the MPRSA. EPA The ESA consultation was based on substantial number of small entities (5 Region IX or the Corps San Francisco site use of up to six million cubic yards U.S.C. 604 and 605). The amended site District will not allow ocean disposal of of dredged material per year, for 50 designation would only have the effect material if either agency determines that years. Since the action now proposed of clarifying an existing Rule and setting the Ocean Dumping Criteria are not met. does not exceed these parameters and a permanent annual disposal volume, F. Regulatory Requirements because conditions have not changed for providing a continuing disposal option any of the listed or candidate threatened for dredged material. Consequently, 1. Consistency with the Coastal Zone or endangered species potentially EPA’s proposed action will not impose Management Act affected by disposal site use, the effects any additional economic burden on small entities. For this reason, the EPA prepared a Coastal Zone of today’s proposal are well within the scope of the original consultation and Regional Administrator certifies, Consistency Determination (CCD) pursuant to section 605(b) of the RFA, document based on information do not require further Endangered Species Act consultation. that the proposed Rule will not have a presented in the site designation EIS significant economic impact on a (August 1993). The CCD evaluated G. Administrative Review substantial number of small entities. whether the proposed action— designation of ‘‘Alternative Site 5’’ (now 1. Executive Order 12866 3. Paperwork Reduction Act SF–DODS) as described in the site Under Executive Order 12866 (58 FR The Paperwork Reduction Act, 44 designation EIS as an ocean disposal 51735, October 4, 1993), EPA must U.S.C. 3501 et seq., is intended to site for up to 50 years, with an annual determine whether the regulatory action minimize the reporting and record- capacity of six million cubic yards of is ‘‘significant’’, and therefore subject to keeping burden on the regulated dredged material meeting ocean OMB review and other requirements of community, as well as to minimize the disposal criteria—would be consistent the Executive Order. The Order defines cost of Federal information collection with the provisions of the Coastal Zone ‘‘significant regulatory action’’ as one and dissemination. In general, the Act Management Act. The CCD was formally that is likely to lead to a rule that may: requires that information requests and presented to the California Coastal (a) Have an annual effect on the economy record-keeping requirements affecting Commission (Commission) at their of $100 million or more, or adversely affect ten or more non-Federal respondents be public hearing April 12, 1994. The in a material way, the economy, a sector of approved by OMB. Since the proposed Commission staff report recommended the economy, productivity, competition, jobs, Rule would not establish or modify any that the Commission concur with EPA’s the environment, public health or safety, or information or record-keeping CCD, which the Commission did by a State, local or tribal governments or requirements, but only clarifies existing communities; unanimous vote. Because the approved requirements, it is not subject to the CCD was based on 50 years of site use (b) Create a serious inconsistency or otherwise interfere with an action taken or provisions of the Paperwork Reduction at up to six million cubic yards of planned by another agency; Act. material annually, and none of the (c) Materially alter the budgetary impact of 4. The Unfunded Mandates Reform Act provisions in this proposed amendment entitlements, grants, user fees, or loan exceed these parameters, the effects of programs, or the rights and obligations of Title II of the Unfunded Mandates today’s proposal are well within the recipients thereof; or Reform Act (UMRA) of 1995 (Pub. L.
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104–4) establishes requirements for monitoring activities, and any other of the 3-mile limit. In no case may Federal agencies to assess the effects of condition(s) EPA or the Corps have disposal vessels leave the designated their regulatory actions on State, local, required as part of the project vessel traffic lane. and tribal governments and the private authorization or permit, is a (5) When dredged material is sector. Under section 202 of the UMRA, requirement for use of the SF–DODS. discharged within the SF–DODS, no EPA generally must prepare a written *** portion of the vessel from which the statement, including a cost-benefit (vii) Type and capacity of disposed materials are to be released (e.g., hopper analysis, for proposed and final rules materials. Site disposal capacity is 4.8 dredge or towed barge) can be further with ‘‘Federal mandates’’ that may million cubic yards of suitable dredged than 1,900 feet (600 meters) from the result in expenditures to State, local and material per year for the remaining center of the target area at 37°39′ N, tribal governments, in the aggregate, or period of site designation. This limit is 123°29′ W. to the private sector, of $100 million or based on considerations in the regional * * * * * more in any year. Long Term Management Strategy for the This proposed rule contains no placement of dredged material within (7) Disposal vessels shall use an Federal mandates (under the regulatory the San Francisco Bay region, and on appropriate navigation system capable provisions of Title II of the UMRA) for monitoring of site use since the SF– of indicating the position of the vessel State, local or tribal governments or the DODS was designated in 1994. carrying dredged material (for example, private sector. As described elsewhere (viii) * * * a hopper dredged vessel or towed barge) in this preamble, today’s proposed Rule (A) * * * with a minimum accuracy and precision would only have the effect of clarifying (1) Transportation of dredged material of 100 feet during all disposal an existing Rule and setting a to the SF–DODS shall only be allowed operations. The system must also permanent annual disposal volume, when weather and sea state conditions indicate the opening and closing of the providing a continuing disposal option will not interfere with safe doors of the vessel carrying the dredged for dredged material. Consequently, it transportation and will not create risk of material. If the positioning system fails, imposes no new enforceable duty on spillage, leak or other loss of dredged all disposal operations must cease until any State, local or tribal governments or material in transit to the SF–DODS. No the navigational capabilities are the private sector. Similarly, EPA has disposal trips shall be initiated when restored. The back-up navigation also determined that this Rule contains the National Weather Service has issued system, with all the capabilities listed in no regulatory requirements that might a gale warning for local waters during this condition, must be in place on the significantly or uniquely affect small the time period necessary to complete vessel carrying the dredged material. government entities. Thus, the dumping operations, or when wave * * * * * requirements of section 203 of the heights are 16 feet or greater. The (11) The permittee shall report any UMRA do not apply to this Rule. permittee must consult the most current anticipated or actual permit violations List of Subjects in 40 CFR Part 228 version of the SMMP Implementation to the District Engineer and the Regional Manual for additional restrictions and/ Administrator within 24 hours of Environmental protection, Water or clarifications regarding other sea state discovering such violation. If any pollution control. parameters, including, but not limited to anticipated or actual permit violations Dated: March 24, 1999. wave period. occur within the Gulf of the Farallones Alexis Strauss, (2) All vessels used for dredged or the Monterey Bay National Marine Acting Regional Administrator, Region IX. material transportation and disposal Sanctuaries, the permittee must also In consideration of the foregoing, must be loaded to no more than 80 report any such violation to the chapter I of title 40 of the Code of percent by volume of the vessel. Before respective Sanctuary Manager within 24 Federal Regulations is proposed to be any disposal vessel departs for the SF– hours. In addition, the permittee shall amended as set forth below. DODS, an independent quality control prepare and submit reports, certified inspector must certify in writing that the accurate by the independent quality PART 228Ð[AMENDED] vessel meets the conditions and control inspector, on a frequency that requirements of a certification checklist shall be specified in permits, to the 1. The authority citation for part 228 that contains all of the substantive District Engineer and the Regional continues to read as follows: elements found in the example Administrator setting forth the Authority: 33 U.S.C. 1412 and 1418. contained in the most current SMMP information required by Mandatory Implementation Manual. For the Conditions in paragraphs § 228.15 [Amended] purposes of paragraph (l)(3)(viii) of this (l)(3)(viii)(A)(8) and (9) of this section. 2. Section 228.15 is amended in section, ‘‘independent’’ means not an (12) Permittees, and the Corps in its paragraph (l)(3)(vi) by adding a sentence employee of the permittee or dredging Civil Works projects, must make before the last sentence; by revising contractor; however, the Corps of arrangements for independent observers paragraph (l)(3)(vii); and revising Engineers may provide inspectors for to be present on disposal vessels for the paragraphs (l)(3)(viii)(A)(1), (2), (4), (5), Corps of Engineers dredged material purpose of conducting shipboard (7), (11), (12), and (13) to read as disposal projects. surveys of seabirds and marine follows: * * * * * mammals. Observers shall employ § 228.15 Dumping sites designated on a (4) Disposal vessels in transit to and standardized monitoring protocols, as final basis. from the SF–DODS should remain at referenced in the most current SMMP * * * * * least three nautical miles from the Implementation Manual. At a minimum, (1) * * * Farallon Islands whenever possible. permittees shall ensure that (3) * * * Closer approaches should occur only in independent observers are present on at (vi) * * * Adherence to the situations where the designated vessel least one disposal trip during each provisions of the most current SMMP traffic lane enters the area encompassed calendar month that disposal occurs, Implementation Manual, including by the 3-mile limit, and where safety AND on average at least once every 25 mandatory permit conditions, site may be compromised by staying outside vessel trips to the SF–DODS.
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(13) At the completion of short-term 33; 105–14–12. Channel 221A can be FEDERAL COMMUNICATIONS dredging projects, at least annually for allotted to Chama at the transmitter site COMMISSION ongoing projects, and at any other time specified in the outstanding or interval requested by the District construction permit, at coordinates 36– 47 CFR Part 73 Engineer or Regional Administrator, 54–11; 106–34–35. [MM Docket No. 99±114, RM±8902] permittees shall prepare and submit to DATES: the District Engineer and Regional Comments must be filed on or Television Broadcasting Services; Administrator a report that includes before June 1, 1999, and reply Lake Havasu City, AZ and Laughlin, NV complete records of all dredging, comments on or before June 16, 1999. AGENCY: Federal Communications transport and disposal activities, such as ADDRESSES: Federal Communications Commission. navigation logs, disposal coordinates, Commission, 445 12th Street, S.W., ACTION: Proposed rule. scow certification checklists, and other Room TW–A325, Washington, DC information required by permit 20554. In addition to filing comments SUMMARY: This document requests conditions. Electronic data submittals with the FCC, interested parties should may be required to conform to a format comments on a petition for rule making serve the petitioner, or its counsel or specified by the agencies. Permittees filed on behalf of Mojave Broadcasting consultant, as follows: Richard A. shall include a report indicating Company (formerly Meridian whether any dredged material was Helmick, Cohn and Marks, 1920 N Communications Company), permittee dredged outside the areas authorized for Street, NW, Washington, DC 20036 of television Station KMCC, Channel dredging or was dredged deeper than (Counsel to petitioner). 34+, Lake Havasu City, Arizona, requesting the reallotment of NTSC authorized for dredging by their FOR FURTHER INFORMATION CONTACT: permits. Channel 34+ from Lake Havasu City to Leslie K. Shapiro, Mass Media Bureau, Laughlin, Nevada, as that community’s * * * * * (202) 418–2180. first local television transmission [FR Doc. 99–10729 Filed 4–28–99; 8:45 am] SUPPLEMENTARY INFORMATION: This is a service and the modification of its BILLING CODE 6560±50±P synopsis of the Commission’s Notice of authorization accordingly, pursuant to Proposed Rule Making and Order to the provisions of Section 1.420(i) of the Show Cause, MM Docket No. 99–116, Commmission’s Rules. Additionally, FEDERAL COMMUNICATIONS adopted March 31, 1999, and released Mojave’s request also seeks the COMMISSION April 9, 1999. The full text of this reallotment of its DTV Channel 32 from Lake Havasu City, Arizona, to Laughlin, Commission decision is available for 47 CFR Part 73 Nevada. Coordinates used for NTSC inspection and copying during normal Channel 34+, as well as DTV Channel [MM Docket No. 99±116, RM±9536] business hours in the FCC Reference 32 at Laughlin, Nevada, are 35–01–57 Center (Room 239), 1919 M Street, NW., Radio Broadcasting Services; Angel NL and 114–21–56 WL. As Laughlin, Washington, DC. The complete text of Fire, Chama, Taos, NM Nevada, is located within 320 this decision may also be purchased kilometers (199 miles) of the United AGENCY: Federal Communications from the Commission’s copy contractor, States-Mexico border, the Commission Commission. International Transcription Services, must obtain concurrence of the Mexican ACTION: Proposed rule. Inc., (202) 857–3800, 1231 20th Street, government to this proposal. NW, Washington, DC 20036. DATES: Comments must be filed on or SUMMARY: The Commission requests Provisions of the Regulatory before May 31, 1999, and reply comments on a petition filed by Alpine Flexibility Act of 1980 do not apply to comments on or before June 15, 1999. Broadcasting Limited Partnership seeking the substitution of Channel this proceeding. ADDRESSES: Federal Communications 256C for Channel 260C at Taos, NM, the Members of the public should note Commission, Washington, DC 20554. In modification of Station KHYF’s that from the time a Notice of Proposed addition to filing comments with the construction permit to specify the Rule Making is issued until the matter FCC, interested parties should serve the alternate Class C channel, the is no longer subject to Commission petitioner’s counsel, as follows: Richard substitution of Channel 260C2 for consideration or court review, all ex E. Wiley and James R. Bayes, Esqs., Channel 256C2 at Angel Fire, NM, the parte contacts are prohibited in Wiley, Rein & Fielding, 1776 K Street, NW., Washington, DC 20006. modification of Station KKIT’s license Commission proceedings, such as this to specify the alternate Class C2 one, which involve channel allotments. FOR FURTHER INFORMATION CONTACT: channel, the substitution of Channel See 47 CFR 1.1204(b) for rules Nancy Joyner, Mass Media Bureau, (202) 221A for Channel 255A at Chama, NM, governing permissible ex parte contacts. 418–2180. and the modification of the new SUPPLEMENTARY INFORMATION: This is a station’s construction permit (BPH– For information regarding proper synopsis of the Commission’s Notice of 961115MM) to specify the alternate filing procedures for comments, see 47 Proposed Rule Making, MM Docket No. Class A channel. Channel 256C can be CFR 1.415 and 1.420. 99–114, adopted March 31, 1999, and allotted to Taos in compliance with the List of Subjects in 47 CFR Part 73 released April 9, 1999. The full text of Commission’s minimum distance this Commission decision is available separation requirements with a site Radio broadcasting. for inspection and copying during restriction of 60.3 kilometers (37.4 Federal Communications Commission. normal business hours in the FCC’s miles) northwest, at coordinates 36–47– Reference Information Center (Room John A. Karousos, 33 NL; 106–02–49 WL, to accommodate CY–A257), 445 Twelfth Street, SW., petitioner’s desired transmitter site. Chief, Allocations Branch, Policy and Rules Washington, DC. The complete text of Channel 260C2 can be allotted to Angel Division, Mass Media Bureau. this decision may also be purchased Fire at Station KKIT’s licensed [FR Doc. 99–10750 Filed 4–28–99; 8:45 am] from the Commission’s copy contractor, transmitter site, at coordinates 36–22– BILLING CODE 6712±01±P International Transcription Service,
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Inc., 1231 20th Street, NW., NHTSA has not identified—any data dummy’s torso shall be retained within the Washington, DC 20036, (202) 857–3800. which indicate that injuries could have system and neither of the target points on Provisions of the Regulatory been prevented by the requested either side of the dummy’s head and on the transverse axis passing through the center of Flexibility Act of 1980 do not apply to amendment. mass of the dummy’s head and perpendicular this proceeding. FOR FURTHER INFORMATION CONTACT: For to the head’s midsagittal plane, shall pass Members of the public should note nonlegal issues: Mike Huntley, Office of through the transverse orthogonal planes that from the time a Notice of Proposed Crashworthiness Standards, Special whose intersection contains the forward-most Rule Making is issued until the matter Vehicle and Systems Division and top-most points on the child restraint is no longer subject to Commission (telephone 202–366–0029). system surfaces. consideration or court review, all ex For legal issues: Deirdre Fujita, Office The petitioners request that Standard parte contacts are prohibited in of the Chief Counsel (202–366–2992). 213 be amended to exclude convertible Commission proceedings, such as this Both can be reached at the National child restraints from the head excursion one, which involve channel allotments. Highway Traffic Safety Administration, limit when the restraint is tested rear- See 47 CFR 1.1204(b) for rules 400 Seventh St., SW, Washington, DC facing with the 33 lb dummy. governing permissible ex parte contacts. 20590. Petitioners state that, but for the head For information regarding proper SUPPLEMENTARY INFORMATION: excursion limit, filing procedures for comments, see 47 I. Petitioners’ Request (S)ome currently available convertible CFR 1.415 and 1.420. safety seats have performed well in crash List of Subjects in 47 CFR Part 73 On March 1, 1997, Stephanie tests with the 33-pound dummy in the rear- Trombello and Deborah Stewart, facing position. (However, we) understand Television broadcasting. Executive Director and Technical that the reason the manufacturers have Federal Communications Commission. Consultant, respectively, of hesitated to change their instructions to encourage rear-facing use for heavier babies John A. Karousos, SafetyBeltSafe U.S.A., Inglewood, is that the child’s head could ramp up and Chief, Allocations Branch, Policy and Rules California, petitioned NHTSA to amend over the top edge of the car seat in a head- Division, Mass Media Bureau. Federal Motor Vehicle Safety Standard on collision. No. 213, ‘‘Child Restraint Systems’’ (49 [FR Doc. 99–10752 Filed 4–28–99; 8:45 am] Petitioners believe that injuries will CFR 571.213), concerning certain BILLING CODE 6712±01±P be prevented if NHTSA amends the labeling and occupant excursion standard as they request. Twenty-two requirements in the standard. (22) lb is the weight of a 50th percentile Petitioners believe that infants should DEPARTMENT OF TRANSPORTATION 12-month-old. Petitioners state that be rear-facing until at least 1 year of age, many babies reach 22 lb at six months and that the head excursion limit in National Highway Traffic Safety of age or even earlier. They believe that Standard 213 makes it unnecessarily Administration current labeling on convertible child difficult for manufacturers of restraints results in parents of ‘‘heavy’’ convertible 1 child restraint systems to 49 CFR Part 571 infants turning the child forward when recommend that their restraints be used [Docket No. NHTSA±98±4167; Notice 1] the child is less than 1 year. rear-facing until the child is at least that Petitioners believe that the head Federal Motor Vehicle Safety age. excursion limit is unnecessary because Standard 213 specifies performance Standards; Child Restraint Systems a heavy one-year-old is much shorter requirements that a child restraint must than the 33 lb (3-year-old) dummy. They AGENCY: National Highway Traffic meet when tested with dummies suggest that in lieu of the head Safety Administration (NHTSA), DOT. representing the range of children for excursion requirement, parents can be ACTION: Denial of petition for which that child restraint is instructed, by way of a label, to limit rulemaking. recommended. Under Standard 213’s use of the rear-facing child restraint requirements, child restraints based on the child’s height. They SUMMARY: This document denies a recommended for use by children suggest a statement such as ‘‘This safety petition for rulemaking requesting that weighing over 22 lb are tested with a seat may be used in the rear-facing NHTSA amend Standard 213, ‘‘Child test dummy representing a 3-year-old position until the child weighs 30 Restraint Systems,’’ to delete the head child. So tested, they must meet all pounds if the child’s head is below the excursion requirement for rear-facing performance requirements of the top edge (or within l inches of the top convertible restraints. Petitioners standard, including limits on how far edge) of the seat.’’ believe that infants should be rear- they allow the rear-facing dummy’s facing until at least 1 year of age, and head to extend beyond and above the II. Evaluation of Petition that the head excursion limit in top of the child restraint in a 30-mph NHTSA is denying the petition for the Standard 213 makes it unnecessarily dynamic test. (This document refers to reasons set forth below. difficult for manufacturers to these limits as the head excursion recommend their restraints be used rear- limits.) The head excursion limits are 1. Rear-Facing Restraints Certified facing for children of at least that age. set forth in S5.1.3.2 of Standard 213, as Above 22 Lb NHTSA is denying the petition because follows: Infants should be transported rear- the head excursion limit serves a safety S5.1.3.2. Rear-facing child restraint facing until the child’s skeletal and need and there are unknown safety systems. In the case of each rear-facing child muscular structure can develop to consequences to the petitioners’ restraint system, all portions of the test where they can more safely withstand requested action. Second, more and crash forces in a forward-facing more manufacturers are able to meet the 1 A convertible restraint is used to restrain position, which typically occurs at head excursion requirement and certify children from birth to about 40 lb. When restraining around age 1. Transporting infants rear- an infant, the restraint is positioned so that it faces rear-facing restraints for children older the rear of a vehicle. When restraining a toddler, the facing spreads crash forces evenly than 1 year in age. Further, the restraint is positioned so that it faces the front of across the infant’s back and shoulders, petitioners did not provide—and a vehicle. the strongest part of the child’s body.
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Further, the infant’s head will be Petitioners have also not provided 2. Excursion Requirements; Total Height supported by the seating surface in a data showing that a ‘‘heavy’’ 1-year-old Considerations crash, which helps reduce the would have adequate head support in a likelihood of severe neck injuries in a crash without a head excursion limit in Petitioners also recommend that crash. To better enable child restraint the standard. They believe that a child Standard 213’s labeling requirements manufacturers to produce rear-facing whose head is ‘‘below the top edge (or should be amended such that child restraints for children up to age 1, within l inches of the top edge) of the ‘‘references to the total height of the Standard 213 specifies that child seat’’ will be adequately protected, but child should be deleted, since the only restraints will not be tested with the 3- do not specify what value should be significant measurements are the child’s year-old child test dummy unless the specified in the blank. They also do not weight and the length of the torso.’’ (The restraint is recommended for use by a provide data supporting their belief that standard currently requires that child weighing more than the 50th a child restraint will adequately support manufacturers label their child percentile 12-month-old (which weighs a child’s head which is ‘‘below the top restraints with information on both the 22 lb) (see July 6, 1995 final rule, 60 FR edge’’ or below that unspecified location height and weight of children for whom 50477).2 on the child restraint. NHTSA is the restraint is recommended.) The While positioning an infant rear- concerned that not enough is known agency discussed at length the relevancy facing is generally preferable to facing about the safety consequences of of height as a significant criterion in the the child forward, that may not be the reducing the stringency of the head development, evaluation, and case if the child restraint system is excursion requirement for rear-facing certification of child restraints in a 1995 unable to adequately limit the head child restraints. rulemaking to incorporate the new set of excursion of the child, or otherwise In addition to the above test dummies into Standard 213 for meet the performance requirements of consideration, the current requirement compliance testing. Standard 213. If the head excursion is practicable. Some manufacturers have In the notice of proposed rulemaking limit were deleted, that would negate been able to develop convertible child (NPRM) for that regulation, NHTSA had the agency’s ability to evaluate the restraints that they have certified as proposed that Standard 213 should restraint’s ability to limit the upwards meeting Standard 213 when tested rear- require that manufacturers base their ramping of a child’s head in a crash and facing with the 33 lb dummy. NHTSA height recommendations on the sitting would hamper the evaluation of the is aware of at least three manufacturers height of the child (51 FR 12225, March restraint’s ability to prevent the partial who currently market convertible child 16, 1994). In response to the NPRM, or full ejection of the dummy. restraints that are certified for children commenters generally agreed that the Petitioners state that a ‘‘heavy’’ 1- weighing more than 22 lb, in the rear- height of a child is an important factor year-old is much shorter than the 33 lb facing position. Century, Evenflo and in the certification and proper use of dummy, but do not provide any values Britax have all developed products child restraint systems. While some quantifying the height difference. which they certify meet all requirements supported the use of a sitting height Available data indicate only a 3.5 of Standard 213 when tested in the rear- criterion as had been proposed by the centimeter (cm) difference in height. facing position with the 33 lb dummy. agency in the NPRM, others objected to NHTSA evaluated data in a 1975 report Thus, NHTSA believes that rear-facing its use because of concerns regarding by the University of Michigan, restraints are available to families with the complexity and potential ‘‘Physical Characteristics of Children as ‘‘heavy’’ infants that exceed 22 lb prior misinterpretation of information by to 1 year of age. Related to Death and Injury for users of these child restraint systems. In summary, petitioners state that Consumer Product Safety Design,’’ May Those who opposed adoption of a ‘‘although the 3-year-old dummy may be sitting height criterion proposed 1975 (UM–HSRI–BI–75–5, HS 017743), too tall for full head support in the rear- incorporation of a sitting height limit to determine the difference in sitting facing position, a heavy 1-year-old is which references a readily identifiable heights between a 95th percentile 1- much shorter,’’ but did not provide any body landmark (such as the top of the year-old and a 50th percentile 3-year- technical rationale to support ears or top of the head) in relation to the old child. The sitting height (crown- eliminating the excursion requirements top of the head restraint in conjunction rump) of the 95th percentile 1-year-old of the standard when testing convertible (combined sexes) is approximately 50 restraints in the rear facing position with modified labeling requirements to cm, while that of the 50th percentile 3- with the 3-year-old dummy. Petitioners convey information about the proper 3 year-old (combined sexes) is 53.5 cm. did not explain why the head excursion use of the child restraint to the The agency believes that the 3.5 cm limit should be relaxed given the consumer to prevent whiplash-type height difference is not of a magnitude insubstantial sitting height difference injuries. to render the 3-year-old dummy between an average 3-year-old child and In the final rule (July 6, 1995, 60 FR inappropriate as a test device for a ‘‘heavy’’ 1-year-old child, nor did they 35127), the agency reconfirmed that evaluating the restraint’s ability to limit explain the extent to which the head information about the suitability of a the head excursion of a 95th percentile excursion limit could be relaxed given restraint for children of certain heights 12-month-old child. To the contrary, the that height difference. These factors, in serves a useful purpose in that it helps difference between the two may be conjunction with the knowledge that ensure the proper fit of a restraint to the unsubstantial. various manufacturers have developed child. At the same time, the agency convertible restraints that meet the acknowledged that consumers may not 2 The interrelationship of weight, height, and age current requirements of the standard know the sitting height of their child as as they relate to positioning an infant rear facing in a child restraint system was discussed at length in while tested rear-facing with the 33 lb, well as they know standing height. The the development of this rule, which amended 3-year-old dummy, lead the agency to latter is routinely measured by FMVSS No. 213 to add a greater array of sizes and believe that the current excursion pediatricians and provided to parents weights of test dummies for use in the standard’s requirement does not impose an during the child’s medical compliance tests. 3 The agency’s 3-year-old dummy represents a unreasonable impediment to restraint examinations. Because standing height 50th percentile male child. Data on the sitting manufacturers in the design of rear- is more familiar to parents, the final rule height of a 50th percentile male are not available. facing restraints for children over 22 lb. specified recommended standing height,
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For the aforementioned DATES: Written comments must be required manufacturers to label each reasons, the agency has decided not to received on or before May 14, 1999. child restraint with recommendations amend Standard 213 at this time to ADDRESSES: Comments on the proposed for the maximum height of children afford child restraint manufacturers rule and requests for copies of the who can safely occupy the system, and greater latitude in certifying rear-facing regulatory impact review (RIR) must be because NHTSA was unconvinced of a convertible restraints. NHTSA has sent to the Southeast Regional Office, need to change to sitting height, the concluded that there is no reasonable NMFS, 9721 Executive Center Drive N., final rule maintained the status quo. possibility that the amendment St. Petersburg, FL 33702. Petitioners have not provided any requested by the petitioners would be Comments regarding the collection-of- information supporting their request to issued at the conclusion of the information requirements contained in change to sitting height and the agency rulemaking proceeding. Accordingly, this rule should be sent to Edward E. is unaware of any reason to amend the the petition is denied. Burgess, Southeast Regional Office, standard as they suggest. Accordingly, Authority: 49 U.S.C. 322, 30111, 30115, NMFS, and to the Office of Information the agency is denying this request. 30117 and 30166; delegation of authority at and Regulatory Affairs, Office of 3. Crash Data 49 CFR 1.50 Management and Budget (OMB), Underlying the petition is the Issued on April 20, 1999. Washington, DC 20503 (Attention: implication that infants weighing over NOAA Desk Officer). L. Robert Shelton, Requests for copies of the Gulf of 22 lb are being injured because parents Associate Administrator for Safety Mexico Bycatch Reduction Device position them forward-facing in a Performance Standards. Testing Protocol Manual should be sent vehicle before the infants are 1 year of [FR Doc. 99–10777 Filed 4–28–99; 8:45 am] to the Southeast Regional Office, NMFS. age. Petitioners did not provide any data or statistics indicating a greater BILLING CODE 4910±59±P FOR FURTHER INFORMATION CONTACT: incidence of neck and spinal cord Steve Branstetter, NMFS, 727–570– injuries for this segment of the 5305. population. NHTSA examined the DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: The agency’s National Automotive Sampling fishery for shrimp in the EEZ of the Gulf National Oceanic and Atmospheric of Mexico is managed under the FMP. System (NASS) General Estimates Administration System (GES) 4 records for the years The FMP was prepared by the Gulf of Mexico Fishery Management Council 1988–1996 for those crashes (1) 50 CFR Part 622 involving an infant under 1 year of age, and is implemented under the authority and (2) where both the child’s weight [Docket No. 990330083±9083±01; I.D. of the Magnuson-Stevens Fishery and the child restraint orientation (rear 031999B] Conservation and Management Act by or forward facing) were known. In 328 RIN 0648±AK32 regulations at 50 CFR part 622. total cases investigated by NASS , there Amendment 9 to the FMP mandated, were no reported incidences of serious Fisheries of the Caribbean, Gulf of with limited exceptions, the use of spine or other neck-related injuries. Mexico, and South Atlantic; Shrimp BRDs in shrimp trawls fished in the EEZ Seventeen (17) percent of the 328 cases Fishery of the Gulf of Mexico; of the Gulf of Mexico shoreward of the Certification of Bycatch Reduction 100-fathom (fm) (183-m) depth contour (55 of 328) involved infants weighing ° ′ between 23 and 30 lb who were Devices west of 85 30 W. longitude. Excluded positioned forward facing in his/her from the requirement to use BRDs are AGENCY: National Marine Fisheries vessels trawling for royal red shrimp child restraint at the time of the crash, Service (NMFS), National Oceanic and but in only one case did the child beyond the 100-fm (183-m) depth Atmospheric Administration (NOAA), contour, vessels trawling for butterfish receive a serious (AIS level 3 or greater) Commerce. injury. Injuries to heavy infants placed or groundfish, and vessels trawling for ACTION: forward-facing in vehicles have not Proposed rule; request for shrimp with no more than two rigid- occurred with any frequency.5 comments. frame roller trawls that are 16 ft (4.9 m) or less in length. In addition, a vessel SUMMARY: In accordance with the 4 may use a single trynet without a BRD Data for the General Estimates System (GES) framework procedure for adjusting come from a nationally representative sample of installed if the headrope length is 16 ft police reported motor vehicle crashes of all types, management measures of the Fishery (4.9 m) or less. The fisheye, Gulf from minor to fatal. The system began operation in Management Plan for the Shrimp fisheye, and Jones-Davis BRDs are 1988, and was created to identify traffic safety Fishery of the Gulf of Mexico (FMP), currently certified for use in shrimp problem areas, provide a basis for regulatory and NMFS proposes procedures for the consumer initiatives, and form the basis for cost trawls in the EEZ of the Gulf of Mexico and benefit analyses of traffic safety initiatives. The testing and certification of bycatch (63 FR 18139, April 14, 1998; 63 FR information is used to estimate how many motor reduction devices (BRDs) for use in 27449, May 19, 1998). vehicle crashes of different kinds take place, and shrimp trawls in the exclusive economic Amendment 9 to the FMP specified what happens when they occur. Although various zone (EEZ) in the Gulf of Mexico. The sources suggest that about half the motor vehicle that a testing protocol and crashes in the country are not reported to the intended effect is to foster the administrative procedures for police, the majority of these unreported crashes conducting tests on additional BRDs involve only minor property damage and no restraints. This clearly suggests that nearly one half significant personal injury. By restricting attention of the adults placing the infants in the child would be developed by NMFS, and to police-reported crashes, the GES concentrates on restraints either: (1) Were unaware that infants are implemented via a regulatory those crashes of greatest concern to the highway safest rear-facing in child restraints, or (2) chose to amendment (framework procedure). In safety community and the general public. ignore the manufacturer’s recommendations and accordance with the framework 5 The vast majority (273 of 328, or 83 percent) of placed their child forward-facing in the restraint. reported cases involved infants weighing 22 lb or This suggests a need to better inform parents about procedures of the FMP, the Regional less. Nearly one half (47 percent) of these infants the need to properly position infants weighing less Administrator (RA), Southeast Region, were positioned forward-facing in their child than 22 lb in vehicles. NMFS, referred to as the RD in the
VerDate 26-APR-99 10:20 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\A29AP2.027 pfrm03 PsN: 29APP1 23040 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Proposed Rules codified text, has developed a testing LOA were issued, it would grant a with the entity seeking BRD protocol and administrative procedures limited exemption from the requirement certification, and that a reasonable to be used to certify additional BRDs for that a certified BRD be installed in each scientific basis exists for conducting use in shrimp trawls in the Gulf of trawl that is rigged for fishing, for those certification phase testing. Mexico. trawls that are being used in the pre- Upon receipt of a complete Amendment 9 set forth as the certification phase testing (i.e., application for a certification LOA, the criterion for certification of an experimental and control trawls). All RA would determine whether to issue additional BRD for use in shrimp trawls other trawls under tow must be an LOA to conduct certification testing in the EEZ of the Gulf of Mexico, that equipped with certified BRDs. All from the vessel specified in the it must reduce the mortality of juvenile trawls including those being used in the application. The RA would issue the (age 0 and age 1) red snapper by a pre-certification phase testing must be LOA if he/she determines that: (1) The minimum of 44 percent compared to the equipped with approved Turtle test plan meets the requirements of the average level of bycatch mortality on Excluder Devices (TEDs), unless protocol; (2) the observer in the these age groups during 1984–1989. The operating under an authorization issued application is qualified and has no testing protocol is a standardized under 50 CFR 227.72(e)(5)(ii). The letter current or prior financial relationship scientific procedure to be followed to of authorization would be valid for no with any entity seeking BRD demonstrate whether a BRD meets the more than 60 days and must be onboard certification; (3) the BRD candidate is certification criterion. the vessel during the tests. For substantially unlike any BRD previously There are two phases to the proposed additional details, see the Gulf of determined not to meet the current procedure—an optional pre-certification Mexico Bycatch Reduction Device bycatch reduction criterion, or the phase, and a required certification Testing Protocol Manual (Manual) applicant has shown good cause for phase. The pre-certification phase which is published as an appendix to retesting (such as the likelihood of would allow a person to experiment this proposed rule. improved statistical results yielded from with and gather data on non-certified All persons desiring to conduct a larger sample size than that previously BRD designs for up to 60 days, without certification phase testing of a BRD used); and (4) for BRDs not previously having to carry an observer on the design would be highly encouraged to tested for certification, the results of any testing vessel or having to comply with first conduct pre-certification phase pre-certification testing indicating a a rigorous testing schedule. Thus, this testing. The pre-certification phase reasonable scientific basis for phase would allow a person to allows the BRD design to be adjusted or certification testing. If a certification experiment with different BRD designs otherwise optimized and for data to be LOA is denied, the RA would send a and configurations to improve them and gathered showing that the design could letter of explanation to the applicant, to determine whether they would be meet the certification criterion upon together with relevant recommendations likely to meet the certification criterion. certification phase testing. The to address the deficiencies resulting in A person who wishes to conduct pre- submission of pre-certification phase the denial. The approved observer certification phase testing would have to data to provide a scientific basis for the would have to be on board the vessel submit an application to the RA for a conduct of certification testing is not an during all test tows. Any change in letter of authorization (LOA). The absolute requirement for the issuance of information or testing circumstances, application would have to set forth a certification phase LOA. For example, such as replacement of the observer, basic information about the applicant a request to conduct certification phase would have to be reported to the RA and testing vessel’s owner/operator; the testing of a minor modification of a within 30 days. Application forms and purpose, scope, dates, and location of certified BRD design would not need to standardized forms for recording the the requested BRD evaluation; scale include pre-certification phase data. tests and for reporting the results are diagrams of the BRD design; a Similarly, a request for certification contained in the Manual and its description of how the BRD is intended phase testing of a previously failed appendices. Additional details and to function; and a copy of the testing design that under a different test plan specifications are contained in the vessel’s documentation or state (e.g., larger sample sizes) could yield Manual. (See ADDRESSES for registration. Upon receipt of a complete improved statistical results would availability.) application, the RA would determine likewise not need pre-certification whether to issue an LOA to conduct pre- phase data. However, pre-certification Classification certification testing from the vessel phase data would normally be needed to This proposed rule has been specified in the application. The RA establish a reasonable scientific basis for determined to be not significant for would issue a pre-certification phase conducting certification phase testing purposes of E.O. 12866. LOA if the BRD design is substantially (e.g., that the BRD could meet the The Chief Counsel for Regulation of unlike any BRD design previously certification criterion upon certification the Department of Commerce has determined not to meet the BRD testing). certified to the Chief Counsel for certification criterion or, if the design is A person wishing to conduct Advocacy of the Small Business substantially similar, the application certification phase testing would also Administration that this rule would not demonstrates that the design could meet have to submit an application for an have a significant economic impact on the certification criterion through design LOA. The Manual sets forth what the a substantial number of small entities as revision or upon retesting (e.g., the application for a certification LOA must follows: application shows that statistical results contain. Unlike the application for a could be improved upon retesting by pre-certification phase LOA, this NMFS prepared a regulatory impact review such things as using a larger sample size application must set forth a plan (RIR) that describes the economic outcomes than that previously used). If a pre- meeting the certification testing expected if the proposed rule is implemented. The basic finding of the RIR certification LOA is denied, the RA protocol, must identify who would be was that the economic changes are largely in would send the applicant a letter of the observer (from the list of individuals terms of the costs for participants in the explanation, together with relevant maintained by the RA as being qualified certification testing program to apply for the recommendations to address the to be an observer) and that has no program and complete the pre-certification deficiencies resulting in the denial. If an current or prior financial relationship and certification testing requirements. These
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Potential future benefits to the red except for the Species Characterization trawler in the Gulf EEZ shoreward of the snapper and shrimp fisheries were attributed Form which has a 5 hour response time 100-fathom (183-m) depth contour west to the prospect that the certification of new and the Application Form which has a of 85°30′ W. long., each net that is BRD designs would provide for an 2.3 hour response time. In addition, 4 rigged for fishing must have a certified enhancement to red snapper stocks and new hours will be needed to prepare the BRD installed. * ** BRD designs have the potential of lower final report. Send comments regarding * * * * * shrimp loss rates relative to shrimp loss rates these burden estimates or any other (4) Procedures for certification of of BRDs currently in use. These benefits were aspect of the collection of information not quantified because the size of the benefits additional BRDs. The process for the depends on how the BRDs to be tested will requirement, including suggestions for certification of additional BRDs consists perform in terms of bycatch reduction and reducing the burden, to NMFS and to of two phases—an optional pre- shrimp loss rates. It was determined that the OMB (see ADDRESSES). certification phase, and a required proposed action is not significant under E.O. Public comment is sought regarding: certification phase. 12866 because the annual economic impact whether this proposed collection of (i) Pre-certification. The pre- is much less than $100 million and none of information is necessary for the proper certification phase allows a person to the other criteria for significance will be met. performance of the functions of the test and evaluate a new BRD design for The basic determination included a finding agency, including whether the that a substantial number of small entities, up to 60 days without being subject to estimated to comprise most of the offshore information will have practical utility; the observer requirements and rigourous Gulf of Mexico fleet of about 4,000 vessels, the accuracy of the burden estimate; testing requirements specified for could be positively impacted, but at a level ways to enhance the quality, utility, and certification testing in the Gulf Of that is far below the criteria for a significant clarity of the information to be Mexico Bycatch Reduction Device gross revenue impact. It was also determined collected; and ways to minimize the Testing Protocol Manual. that there are no annual compliance costs burden of the collection of information, (A) A person who wants to conduct except for 24 small entities that may be including through the use of automated pre-certification phase testing must involved in the testing, there are no collection techniques or other forms of differential small versus large business submit an application, as specified in impacts, capital costs will not change, and no information technology. the Gulf Of Mexico Bycatch Reduction small entities are expected to cease List of Subjects in 50 CFR Part 622 Device Testing Protocol Manual, to the operations if the proposed rule is RD. The Gulf Of Mexico Bycatch implemented. Fisheries, Fishing, Puerto Rico, Reduction Device Testing Protocol Reporting and recordkeeping As a result, a regulatory flexibility Manual, which is available from the RD, requirements, Virgin Islands. analysis was not prepared. Copies of the upon request, contains the application RIR are available (see ADDRESSES). Dated: April 22, 1999. forms. Notwithstanding any other provision Penelope D. Dalton, (B) After reviewing the application, of law, no person is required to respond Assistant Administrator for Fisheries, the RA will make a determination to, nor shall a person be subject to a National Marine Fisheries Service. whether to issue a letter of authorization penalty for failure to comply with, a For the reasons set out in the to conduct pre-certification trials upon collection of information subject to the preamble, 50 CFR part 622 is proposed the vessel specified in the application. requirements of the Paperwork to be amended as follows: The RA would issue a pre-certification Reduction Act (PRA) unless that phase LOA if the BRD design is collection of information displays a PART 622ÐFISHERIES OF THE substantially unlike any BRD design currently valid OMB control number. CARIBBEAN, GULF, AND SOUTH previously determined not to meet the This rule contains collection-of- ATLANTIC BRD certification criterion or, if the information requirements subject to the design is substantially similar, the PRA—namely, the BRD certification 1. The authority citation for part 622 application demonstrates that the design process, consisting of applications for continues to read as follows: could meet the certification criterion pre-certification or certification of a new Authority: 16 U.S.C. 1801 et seq. through design revision or upon BRD, pre-certification adjusting, the 2. In § 622.7, paragraph (bb) is retesting (e.g., the application shows testing itself, the submission of the test reserved and paragraph (aa) is added to that statistical results could be results, application for observer read as follows: improved upon retesting by such things position, and references for observers. as using a larger sample size than that This requirement has been submitted to § 622.7 Prohibitions. previously used). If the RD authorizes OMB for approval. The public reporting * * * * * pre-certification, the RD’s letter of burden for this collection of information (aa) Falsify information submitted on authorization must be on board the is estimated to average 211 hours per the testing of a BRD or the results of vessel during any trip involving the application, pre-certification phase, such testing, as specified in BRD testing. testing, and submission of results. The § 622.41(g)(3)(i) or (h)(4)(i). (ii) Certification. A person who public reporting burden for applying for (bb) [Reserved] proposes a BRD for certification for use an observer position will average 1 hour 3. In § 622.41, the first sentence of in the Gulf EEZ must submit an per response and the burden for paragraph (h)(1)(i) is revised and application to test such BRD, conduct obtaining references will average 1 hour paragraph (h)(4) is added to read as the testing, and submit the results of the per response. The collection consists of follows: test in accordance with the Gulf Of an Application Form, Vessel Mexico Bycatch Reduction Device Information Form, Gear Specification § 622.41 Species specific limitations. Testing Protocol Manual. The RA will Form, TED/BRD Specification Form, * * * * * make a determination whether to issue Station Sheet Form, Species (h) * * * a letter of authorization to conduct
VerDate 26-APR-99 10:20 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\A29AP2.002 pfrm03 PsN: 29APP1 23042 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Proposed Rules certification trials upon the vessel Appendix—Gulf of Mexico Bycatch information on observer qualification specified in the application. The Reduction Device Testing Protocol criteria and the observer application determination will be based upon a Manual process, see Appendix I. Pre-certification phase is an optional finding that: The test plan meets the Definitions requirements of the protocol; the testing phase whereby an individual, so observer identified in the application is Bycatch reduction criterion is that the authorized by the RA, can experiment qualified and has no current or prior BRD reduces the mortality of juvenile with the design, construction, and (age 0 and age 1) red snapper by a financial relationship with the entity configuration of a BRD and gather data. minimum of 44 percent from the seeking BRD certification; the Regional Administrator means the average level of bycatch mortality application presents a BRD candidate Southeast Regional Administrator, (F=2.06) on these age classes during the substantially unlike BRDs previously National Marine Fisheries Service, 9721 years 1984–1989. Executive Center Drive North, St. determined not to meet the current Bycatch reduction device (BRD) is any Petersburg, Florida 33702, phone 727– bycatch reduction criterion, or the gear or trawl modification designed to 570–5301. applicant has shown good cause for allow finfish to escape from a shrimp Required measurements refers to the reconsideration (such as the likelihood trawl. quantification of the dimensions and of improved statistical results yielded BRD candidate is a bycatch reduction configuration of the trawl, the BRD from a larger sample size than that device to be tested for certification for candidate, the doors, the location of the previously used); and for BRDs not use in the commercial shrimp fishery of BRD in relation to other parts of the previously tested for certification, the the Gulf of Mexico. trawl gear, and other quantifiable results of any pre-certification trials Catch per unit of effort (CPUE) means criteria used to assess the performance conducted have been reviewed and the number or pounds of fish (e.g., red of the BRD candidate. deemed to indicate a reasonable snapper) or shrimp taken during a pre- Sample size means the number of scientific basis for conducting defined measure of fishing activity (e.g., successful tows (a minimum of 30 tows certification testing. If authorization to per hour). per test are required). conduct certification trials is denied, the Certification phase is a required Shrimp loss means the percent testing phase whereby an individual so RA will provide a letter of explanation difference in average CPUE (e.g. kg/hr) authorized by the RA may conduct a to the applicant, together with relevant between the amount of shrimp caught in discrete testing program, with a sample recommendations to address the the control trawl and the amount of size adequate for statistical analysis (no shrimp caught in the experimental deficiencies resulting in the denial. A less than 30 tows), to determine whether BRD that meets the certification trawl. a BRD candidate meets the bycatch Successful tow means that the control criterion, as determined under the reduction criterion. testing protocol, will be added to the list and experimental trawl were fished in Certified BRD is a BRD that has been accordance with the requirements set of certified BRDs in paragraph (h)(2) of tested according to this protocol and this section by publication of a final forth in the protocol and the terms and documented to meet the bycatch conditions of the letter of authorization, rule, technical amendment, in the reduction criterion. that the control or experimental net Federal Register. The final rule will Control trawl means a trawl used caught at least five red snapper during during the certification testing that is provide the specifications for the newly the tow, and that no indication exists not equipped with a BRD. The catch of certified BRD, including any special that problematic events, such as those this trawl is compared to the catch of conditions deemed appropriate based listed in Appendix D–5, occurred the experimental trawl. on the certification testing results. during the tow which would impact or Experimental trawl means the trawl (iii) A shrimp trawler that is influence the fishing efficiency (catch) used during the certification tests that is of one or both nets. authorized to participate in the pre- equipped with the BRD candidate. certification phase, or to test a BRD in Evaluation and oversight personnel Tow time means the total time (hours the EEZ for possible certification, has includes scientists, observers, and other and minutes) an individual trawl was such written authorization on board and technical personnel who, by reason of fished while being towed (i.e., the time is conducting such test in accordance their occupational or other experience, between ‘‘dog-off’’ and start of haul with the Gulf Of Mexico Bycatch scientific expertise or training, are back). Reduction Device Testing Protocol approved by the Regional Administrator Trawl means a net and associated gear Manual is granted a limited exemption (RA) as qualified to evaluate and and rigging, as illustrated in Appendix from the BRD requirement specified in oversee the application and testing B–5 of this manual, used to catch paragraph (h)(1) of this section. The process. Scientists and other technical shrimp. The terms trawl and net are used interchangeably throughout the exemption from the BRD requirement is personnel will (1) review a BRD manual. limited to those trawls that are being certification test application for its Tuning a net means adjusting the merit, and (2) critically review the used in the certification trials. All other trawl and its components to minimize scientific validity of the certification test trawls rigged for fishing must be the differences in shrimp catch between equipped with certified BRDs. results. Observer means a person on the list the two nets that will be used as the Note: The Gulf of Mexico Bycatch maintained by the RA of individuals control and experimental trawls during Reduction Device Testing Protocol Manual qualified to supervise and monitor a the certification tests. and appendixes H and I to the Manual are BRD certification test. Applicants may I. Introduction published as appendixes to this document. obtain the list of individuals qualified to These appendixes will not appear in the be an observer from the RA. The Purpose of the Protocol Code of Federal Regulations. individual chosen by the applicant to be This protocol sets forth a standardized the observer may not have any current scientific procedure for the testing of a or prior financial relationship with the BRD candidate and for the evaluation of entity seeking BRD certification. For its ability to meet the bycatch reduction
VerDate 26-APR-99 10:20 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\A29AP2.003 pfrm03 PsN: 29APP1 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Proposed Rules 23043 criterion. For a BRD candidate to be vessel’s documentation or its state experimental net (net equipped with the certified by the RA, the BRD candidate registration. prototype BRD) to estimate the potential must meet the bycatch reduction An applicant requesting a pre- efficiency of the prototype BRD. If that criterion. certification LOA of an unapproved individual subsequently applies for a There are two phases to this hard or soft TED as a BRD must first certification phase LOA to test this procedure: An optional, but apply for and obtain from the RA an design he/she must include the results recommended, pre-certification phase experimental TED authorization of the pre-certification phase evaluation and a required certification phase. An pursuant to 50 CFR 227.72(e)(5)(ii). The with the certification application. The applicant is encouraged to take pre-certification phase LOA application RA will use this information to advantage of the pre-certification phase must also append a copy of that determine if there is a reasonable which allows experimentation with authorization. scientific basis to conduct certification different BRD designs and B. Issuance phase testing. Therefore, for each paired configurations prior to certification tow, the applicant should keep a written phase testing (see below for details). The The RA will review the application record of the weight of the shrimp catch, certification phase requires the for completeness. If the application is the weight of the finfish catch, and the applicant to conduct a discrete testing incomplete, the RA will inform the total catch (in numbers) of red snapper program, with a sample size of no less applicant of the incompleteness and of each net. The form contained in than 30 tows to determine whether the give the applicant an opportunity to Appendix D should be used to record BRD candidate meets the bycatch cure. If incompleteness is not cured this information. reduction criterion. There is no cost to within 30 days, it will be returned to the the applicant for the RA’s applicant. Upon receipt of a complete III. Certification Phase (Required) administrative expenses such as application, the RA will issue a LOA to In order to have a BRD certified, it preparing applications, issuing LOAs, or conduct pre-certification phase testing must under certification phase testing, evaluating test results or certifying upon the vessel specified in the be consistent with requirements of the BRDs. However, all other costs application if the BRD design is testing protocol and LOA, and be associated with either phase (such as substantially unlike BRD designs determined by the RA to meet the field testing) are at the applicant’s previously determined not to meet the bycatch reduction criterion. expense. current performance criterion, or if the design is substantially similar, if the A. Application II. Pre-Certification Phase (Optional) application demonstrates that the design In order to conduct certification phase The pre-certification phase provides a could meet the bycatch reduction testing, an individual must obtain a mechanism whereby an individual can criterion through design revision or certification phase LOA. In order to experiment with the design, upon retesting (e.g., the application obtain a certification phase LOA, an construction, and configuration of a shows that statistical results could be individual must submit a complete prototype BRD for up to 60 days to improved upon retesting by such things application to the RA. The complete test improve the design’s effectiveness at as a larger sample size than that application consists of an Application to reducing the bycatch of red snapper and previously used). If a pre-certification Test A Bycatch Reduction Device in the to determine whether it is likely to meet phase LOA is denied, the RA will return Exclusive Economic Zone (Appendix J– the bycatch reduction criterion. To the application to the applicant along 1), a copy of the vessel’s current Coast conduct pre-certification phase with a letter of explanation including Guard certificate of documentation or, if evaluations of a prototype BRD, the relevant recommendations as to curing not documented, its state registration applicant must apply for, receive, and the deficiencies which caused the certificate; the name of a qualified have on board the vessel during testing, denial. In arriving at a decision, the RA observer who will be on board the a letter of authorization (LOA) from the may consult with evaluation and vessel during all certification test RA. oversight personnel. Issuance of a LOA operations (see Appendix I); and a test allows the applicant to remove or plan showing: (1) An 8.5-inch x 11-inch A. Application disable the existing BRD in one net (to (21.6-cm x 27.9-cm) diagram drawn to In order to obtain an LOA to conduct create a control net), and to place the scale of the BRD candidate; (2) an 8.5- pre-certification phase evaluations of a prototype BRD in another net in lieu of inch x 11-inch (21.6-cm x 27.9-cm) prototype BRD, an individual must a certified BRD (to create an diagram drawn to scale of the BRD submit a complete application to the experimental net). All other trawls candidate and approved TED in the RA. A complete application consists of under tow during the test must be shrimp trawl; (3) a description of how a completed application form, equipped with a certified BRD. All the BRD candidate is supposed to work; Application to Test A Bycatch trawls under tow during the pre- (4) the results of previous pre- Reduction Device in the Exclusive certification phase tests must be certification phase tests; (5) the location, Economic Zone (the form is appended equipped with an approved TED unless time, and area where the certification as Appendix J–1), and the following: (1) operating under an authorization issued phase tests would take place; and (6) the A brief statement of the purpose and pursuant to 50 CFR 227.72(e)(5)(ii). The identity of the observer from the list of goal of the activity for which the LOA LOA, and experimental TED qualified individuals maintained by the is requested; (2) a statement of the authorization if applicable, must be on RA and certification that the observer scope, duration, dates, and location of board the vessel while the pre- has no current or prior financial the testing; (3) an 8.5-inch x 11-inch certification phase tests are being relationship with the applicant or entity (21.6-cm x 27.9-cm) diagram drawn to conducted. The term of the LOA will be seeking BRD certification. scale of the BRD design; (4) an 8.5-inch 60 days. An applicant requesting a certification x 11-inch (21.6-cm x 27.9-cm) diagram phase LOA to test an unapproved hard drawn to scale of the BRD and approved C. Applicability or soft TED as a BRD must first apply TED in the shrimp trawl; (5) a The pre-certification phase allows an for and obtain from the RA an description of how the BRD is supposed individual to compare the catches of a experimental TED authorization to work; and (6) a copy of the testing control net to the catches of the pursuant to requirements of 50 CFR part
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227.72(e)(5)(ii). The application for the of compliance issued pursuant to 46 existing certified BRD in one net (to certification phase LOA also must CFR 28.710; or (iii) a valid certificate of create a control net) and to place the append a copy of that authorization. inspection pursuant to 46 U.S.C. 3311. BRD candidate in another net in lieu of a certified BRD (to create an A.1 Special Circumstances Not C. Issuance experimental net). All other trawls Covered By Protocol The RA will review the application under tow during the tests must be Because actual testing conditions may for completeness. If the application is equipped with a BRD. All trawls under vary, it may be necessary to deviate not complete, the RA will notify the tow during the certification tests must from the prescribed protocol to applicant of the incompleteness and be equipped with an approved TED determine if a BRD candidate meets the give the applicant an opportunity to unless operating under an authorization bycatch reduction criterion. Any cure. If the incompleteness is not cured issued pursuant to 50 CFR foreseeable deviations from the protocol within 30 days, the RA will return the 227.72(e)(5)(ii). The LOA will specify must be described and justified in the application to the applicant. Upon the date when the applicant may begin application, and if scientifically receipt of a complete application, the to test the BRD candidate, the observer acceptable will be approved by the RA RA will issue a LOA to conduct who will conduct the onboard data in the LOA. The RA may consult with certification phase testing of the BRD collection, and the vessel to be used evaluation personnel to determine candidate specified in the application if: during the test. The LOA and whether the deviations are scientifically (1) The test plan meets the requirements experimental TED authorization, if acceptable. Without the RA’s approval of the protocol; (2) the qualified applicable, must be onboard the vessel in the LOA, results from any tests observer named in the application has while the certification phase tests are deviating from the protocol may be no current or prior financial being conducted. rejected as scientifically unacceptable, relationship with the entity seeking BRD and could result in a denial of certification; (3) the BRD candidate D. Testing Protocol certification. design is substantially unlike BRD Certification testing must be designs previously determined not to conducted in areas and at times when B. Observer Requirement meet the current bycatch reduction commercial shrimp trawling normally A qualified observer must be on board criterion, or if the BRD candidate design occurs, and when juvenile red snapper the vessel during all certification testing is substantially similar, the application (age 0 and age 1) are available to the operations (See Appendix I). A list of demonstrates that the design could meet gear. The best time for testing a BRD qualified observers is available from the the bycatch reduction criterion upon candidate is July and August (July 1– RA. Observers may include employees retesting (e.g., the application shows August 31) due to the availability of red or individuals acting on behalf of that statistical results could be snapper on the penaeid shrimp NMFS, state fishery management improved upon retesting by such things commercial grounds located shoreward agencies, universities, or private as a larger sample size than that of the 100-fm (183-m) depth contour industry who meet the minimum previously used); and (4) the results of west of 85°30′ W. longitude, the requirements outlined in Appendix I, any pre-certification phase testing approximate longitude of Cape San Blas, but the individual chosen may not have conducted indicate a reasonable FL. Data should be recorded on the a current or prior financial relationship scientific basis for further testing. The forms found in Appendices B through with the entity seeking BRD submission of pre-certification phase G, using the instructions provided for certification. It is the responsibility of data to provide a scientific basis for the each form. the applicant to ensure that a qualified conduct of certification testing is not an D.1. Tuning the Control and observer is on board the vessel during absolute requirement for the issuance of Experimental Trawls Prior to BRD the certification tests. Compensation to a certification phase LOA. For example, Certification Trials the observer, if necessary, must be paid a request to conduct certification phase by the applicant. Any change in testing of a minor modification of a The primary assumption in assessing information or testing circumstances, certified BRD design would not need to the bycatch reduction efficiency of the such as replacement of the observer, include pre-certification phase data. BRD candidate during paired-net tests is would have to be reported to the RA. Similarly, a request for certification that the inclusion of the BRD candidate within 30 days. Under 50 CFR 600.746, phase testing of a previously failed in the experimental net is the only the owner and operator of any fishing design that under a different test plan factor causing a difference in catch from vessel required to carry an observer as (e.g., larger sample sizes) could yield that of the control net. Therefore, it is part of a mandatory observer program improved statistical results would imperative that the fishing efficiency of under the Magnuson-Stevens Fishery likewise not need pre-certification the two nets be as similar as possible Conservation and Management Act (16 phase data. However, pre-certification prior to starting the certification tests. U.S.C. 1801, et seq.) is required to phase data would normally be needed to Catch data from no more than 20 tuning comply with guidelines, regulations, establish a reasonable scientific basis for tows should be collected on nets that and conditions to ensure their vessel is conducting certification phase testing will be used as control and adequate and safe to carry an observer, (e.g., that the BRD could meet the experimental trawls to determine if and to allow normal observer functions certification criterion upon certification there is a between-net or between-side to collect scientific information as testing). In arriving at a decision, the RA (port vs. starboard) difference in fishing described in this protocol. A vessel may consult with evaluation and efficiency (bias). Any net/side bias will owner is deemed to meet this oversight personnel. If a LOA to conduct be reflected as differing catch rates of requirement if the vessel displays one of certification phase testing is denied, the shrimp and red snapper between two the following: (i) A current Commercial RA would provide a letter of nets that were towed simultaneously. Fishing Vessel Safety Examination explanation to the applicant, together During the tuning tows, these nets decal, issued within the last 2 years, with relevant recommendations to should be equipped with identical that certifies compliance with address the deficiencies resulting in the approved hard TEDs, without the BRD regulations found in 33 CFR, chapter I, denial. Issuance of a LOA allows the candidate being installed. Using this and 46 CFR, chapter I; (ii) a certificate applicant to remove or disable the information, the applicant should
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These data will enable the The functioning BRD candidate must 10 gallon] (30 liters) polyethylene RA to determine if any net/side bias be switched every 4–6 tows shrimp basket must be taken from the existed in either trawl in assessing the (approximately every 2 days) between total catch of that net. BRD candidate’s performance. the two trawl nets. This process must be Data must be collected on Form E–1 If the applicant is testing a soft TED repeated, ensuring that an equal number for the following species or general as a BRD, it will be imperative that little of successful tows are made with the groups found in each of the samples: (1) or no position or side bias with the BRD candidate employed in both the Penaeid shrimp—brown, white and trawl nets be demonstrated before the port and starboard nets, until a pink shrimp from each sample must be certification trials are initiated. Once minimum of 30 successful tows have separated by species, counted and any net/side bias is corrected using been completed. For BRDs incorporated weighed; in addition, the weight for identical approved hard TEDs in both in the codend of the net, this process those penaeid shrimp species caught in nets, any alterations in catch rate can be facilitated by the use of zippers, each test net, but that were not included following the substitution of the soft or other quick-connection devices, to in the sample, must be recorded so that TED into the experimental net can then more easily move the codends between a total shrimp catch for each net (by be attributed to that TED’s influence. nets; however, simply switching the weight) is documented; (2) crustacea— entire net will not satisfy this mantis shrimp, sugar shrimp, seabobs, D.2. Retention of Data Collected During requirement because doing so would not crabs, lobsters and other similar Tuning Trials resolve net bias. Such quick-connection species—must be weighed as an All data collected during tuning trials devices must be attached behind the aggregate; (3) other invertebrates— and used for minimizing the net/side TED. The TED must not be moved squid, jellyfish, starfish, sea pansies, bias must be documented and submitted unless the BRD is actually incorporated shells, and other similar species—must to the RA along with the testing data for into the TED portion of the net. Where be weighed as an aggregate; (4) each evaluation. Additional information on a hard TED is being tested as a BRD finfish species or species group listed in tuning shrimp trawls is available from candidate, that portion of the net Appendix E must be weighed and the Harvesting Technology Branch, including the TEDs must be moved, and counted; (5) other finfish—including all Mississippi Laboratories, Pascagoula again, quick-connection devices located other fish not listed on the above- Facility, 3209 Frederic Street, in front of the TEDs may be used. referenced form must be weighed as an Pascagoula, Mississippi 39568–1207; A different procedure must be aggregate; and (6) debris (mud, rocks, phone (601) 762–4591. followed to conduct tests of an and related matter) must be weighed as approved or experimental soft TED as a D.3. Certification Tests an aggregate. BRD candidate. To conduct these tests, ‘‘Select’’ finfish species (page E–3) The certification tests must follow the the applicant must first demonstrate (i.e., particular species to be quantified testing protocol where paired identical that little or no side/net bias exists from the total catch and not just the trawls are towed by a trawler in areas between the two nets to be used in the sample) are red snapper, Spanish west of Cape San Blas, Florida, where test (see D.1.). Removing the soft TED mackerel, and king mackerel. All shrimp and juvenile red snapper occur. from one trawl net and installing it in individuals of the ‘‘Select’’ species from For tests of BRD candidates that do not the other net is not required. For these each test net (control and experimental encompass testing a hard or soft TED as tests, the control (with a hard TED) and net) must be collected, counted, the BRD candidate, identical approved experimental (with the soft TED) nets weighed, and recorded. Lengths for as hard TEDs are required in each trawl must be disconnected from the doors many as 30 individuals of each select and one of the trawls must be equipped and their positions switched from one species must be recorded on Form F–1. with a functioning BRD candidate. To side of the vessel to the other. The first These data are necessary to robustly test a hard of soft TED as a BRD switch must be made after successfully determine age-class composition, and candidate, the control net must be completing approximately 25 percent of specific mortality reductions equipped with an approved hard TED, the total number of intended tows. This attributable to each of the age classes. and the experimental net must be process must be repeated, at 25 percent Applicants must also collect equipped with the TED that is acting as intervals, until at least 30 successful qualitative information, using Form G– the BRD candidate. tows are completed (i.e., every 7–8 1, on the condition (alive or dead) and A minimum sample size of 30 successful tows). fate (floated off, swam down, eaten) of successful tows per test is required. Following each paired tow, the the discards whenever possible, and Additional tows may be necessary for catches from the control and note the presence of any predator sufficient statistical evidence, especially experimental nets must be examined species such as sharks, porpoises, and if red snapper catch is highly variable. separately. This requires that the catch jacks that are observed. The condition A gear change (i.e., changing nets, from each net be kept separate from and fate of the bycatch is important for doors, or rigging) during a test each other, as well as from the catch determining the fishing mortality and constitutes the beginning of a new test. taken in other nets fished during that waste associated with this discard. All certification tows must be no less tow. First, the observer must weigh the than 2 hours and no more than 8 hours total catch of each test net (control and E. Reports in duration. The applicant may select experimental nets). If the catch in a net A report on the BRD candidate test any tow time within this range. Once a does not fill one standard 1-bushel [ca. results must be submitted for tow time is selected, no tow time during 10 gallon] (30 liters) polyethylene certification. The report must contain a a series of tests may vary by more than shrimp basket (ca. 70 pounds) (31.8 kg), comprehensive description of the tests, 10 percent. but the tow is otherwise considered copies of all completed data forms used
VerDate 26-APR-99 10:20 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\A29AP2.007 pfrm03 PsN: 29APP1 23046 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Proposed Rules during the certification trials, and testing procedures to improve the released over the stern of the boat only photographs, drawings, and similar chances of having the BRD certified in when trawls are not in use, when the material describing the BRD. The the future. If certification was denied engine gears are in neutral position, and captain or owner must sign and submit because of insufficient information, the in areas where they are unlikely to be the cover form (Appendix A). The report RA will explain what information is recaptured or injured by vessels. must include a description and lacking. The applicant must provide the Similarly, sea turtles that fail to move explanation of any unforseen deviations additional information within 60 days within several hours (up to 24, if from the protocol which occurred from receipt of such notification; possible) must be returned to the water during the test. Applicants must provide thereafter, the applicant must re-apply. in the same manner. information on the cost of materials, If the RA subsequently certifies the (ii) Any specimen so taken must not labor, and installation of the BRD BRD, the RA will announce the be consumed, sold, landed, off-loaded, candidate. In addition, any unique or certification in the Federal Register, via transshipped, or kept below deck.’’ special circumstances of the tests, a final rule, technical amendment, References including special operational amending the list of certified BRDs. characteristics or fishing techniques Gulf of Mexico Fishery Management which enhance the BRD’s performance, V. Decertification of BRDs Council, 1997. Amendment 9 to the Fishery should be described and documented as The RA will decertify a BRD Amendment 9 to the Fishery Management appropriate. whenever it is determined that it no Plan for the Shrimp Fishery of the Gulf of Mexico, Including a Final Supplemental longer satisfies the bycatch reduction F. Certification Environmental Impact Statement and criterion for juvenile red snapper. Regulatory Impact Review and Social Impact The RA will determine whether the Before determining whether to decertify Assessment. Gulf of Mexico Fishery required reports and supporting a BRD, the Council and public will be Management Council, 3018 U.S. Highway materials are sufficient to evaluate the advised and provided an opportunity to 301 North, Suite 1000, Tampa, FL 33619, 153 BRD candidate’s efficiency. The RA also comment on the advisability of any p. will determine whether the applicant proposed decertification. The RA will Goodyear, C. P.; 1995. Red snappers in U.S. adhered to the prescribed testing consider any comments from the waters of the Gulf of Mexico. National protocol, and whether the BRD Marine Fisheries Service, Southeast Fisheries Council and public, and if the RA elects Science Center, Miami Laboratory, Miami, candidate meets the bycatch reduction to proceed with decertification of the FL. Laboratory Report, Contribution # MIA criterion for juvenile red snapper. In BRD, the RA will publish proposed and 95/96–05, 171 p. arriving at a decision, the RA may final rules in the Federal Register with Hoese, H. Dickson and Richard H. Moore; consult with evaluation and oversight a comment period of not less than 15 1977. Fishes of the Gulf of Mexico, Texas, personnel. days on the proposed rule. Louisiana, and Adjacent Waters. Texas A&M Final determination of the University Press. College Station, TX, 327 p. effectiveness of the BRD candidate will VI. Interactions With Sea Turtles SAFMC; 1997. Final Bycatch Reduction be determined by the RA. The statistical The following section is provided for Device Testing Protocol Manual. South protocol in Appendix H provides the Atlantic Fishery Management Council, 1 informational purposes. Sea turtles are Southpark Cir., Ste 306, Charleston, S.C. methodology that the RA will use to listed under the Endangered Species Act 29407, 34 p. estimate the reduction in bycatch as either endangered or threatened. The Ward, John M., Teofilo Ozuma and Wade mortality on age-1 juvenile red snapper following procedures apply to Griffen; 1995 Cost and Revenues in the Gulf if the test is conducted during the incidental take of sea turtles under 50 of Mexico Shrimp Fishery. NOAA Tech. primary period (July or August). Tests CFR 227.72(e)(1): Mem. NMFS–SEFSC–371, 76 p. conducted during other parts of the year ‘‘(i) Any specimen so taken must be Appendix H Statistical Procedures for will, most likely, catch both age 0 and handled with due care to prevent injury Analyzing BRD Evaluation Data age 1 red snapper. To evaluate the to live specimens, observed for activity, overall reduction in mortality rate of and returned to the water according to NMFS will calculate the reduction in these juvenile age classes attributable to the following procedures: bycatch mortality (F) based on data the BRD candidate will require (A) Sea turtles that are dead or gathered during the testing. Both age 0 alternative extensive analysis, involving actively moving must be released over and age 1 red snapper, ranging in length use of the Goodyear (1995) stock the stern of the boat. In addition, they from 10 mm to 200 mm, occur assessment model to assign mortality must be released only when trawls are frequently in shrimp trawls. During the reductions by specific size classes not in use, when the engine gears are in July/August (July 1–August 31) period, within the age 0 and age 1 red snapper neutral position, and in areas where the most recently spawned year class of catch. they are unlikely to be recaptured or fish have not fully recruited to the Following a favorable determination injured by vessels. shrimp grounds; thus the catch is of these criteria, the RA will certify the (B) Resuscitation must be attempted represented by a relatively narrow BRD (with any appropriate conditions on sea turtles that are comatose or length range of individuals, all of which as indicated by test results) and inactive but not dead by: are considered to be age 1. The announce the certification in the (1) Placing the turtle on its back numerical reduction in catch-per-unit- Federal Register, via a final rule, (carapace) and pumping its breastplate effort (CPUE) of this specific age class is technical amendment, amending the list (plastron) with hand or foot; or expected to be a good predictor of of certified BRDs. (2) Placing the turtle on its breastplate fishing mortality (F) reduction, although (plastron) and elevating its hindquarter the size composition data will be IV. BRDs Not Certified and several inches for a period from 1 to 24 checked for any particular test. The Resubmission Procedures hours. The amount of the elevation analysis of the data collected under this The RA will advise the applicant, in depends on the size of the turtle; greater testing protocol will be based on a writing, if a BRD is not certified. This elevations are needed for larger turtles. modified paired t-test. Because of the notification will explain why the BRD Sea turtles being resuscitated must be varying age and size composition of the was not certified and what the applicant shaded and kept wet or moist. Those red snapper catch taken at other times may do to either modify the BRD or the that revive and become active must be of the year, more detailed analyses
VerDate 26-APR-99 10:20 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\A29AP2.008 pfrm03 PsN: 29APP1 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Proposed Rules 23047 through use of a stock assessment model protocol. Data collected from the no minimum required; however, (Goodyear 1995) incorporating the size- than 20 tuning tows of the control and information from other tows, if specific reduction performance of the experimental trawls (without the BRD appropriate, will be used in the device and the seasonal progression of candidate installed) must be included to analysis. F must be conducted to determine if the determine if any net bias exists prior to Statistical Approach for Calculation of BRD candidate will meet the bycatch beginning certification phase testing. To Bycatch Mortality (F) Reduction for reduction criterion. Based on the time of further reduce problems caused by no or Devices Tested in July/August the year that the test is conducted, low catches, a tow must contain a NMFS will utilize the appropriate minimum catch of 5 red snapper in at The statistical approach assumes that technique to assess the performance of least one trawl for inclusion in the the BRD to be tested does not achieve the BRD candidate as a service for the analysis. Once conducted, the tow and the minimum required reduction rate, BRD sponsor. the corresponding collected data (Ro). The hypotheses to be tested are as All experimental tows must be become the permanent part of the record follows: conducted in conformance with the and cannot be discarded. Only the Ho: BRD does not achieve the minimum requirements of the BRD testing successful tows will count toward the required reduction rate,
µ− µ R= c b ≤ R,..). i e (1 − R µ − µ ≤ 0 µ oo c b c
Ha: BRD does achieve the minimum required reduction rate, µ− µ R= c b > R,..). i e (1 − R µ − µ > 0 µ oo c b c
R denotes the actual reduction rate sd0 is the standard deviation of di = { or approved by the Director of the (unknown), Ro denotes the minimum (1¥Ro)Xi¥Yi} values, NMFS Southeast Fisheries Science required reduction rate, µc denotes the n is the number of successful tows used Center. actual mean CPUE with the control, and in the analysis, and 2. Must not have a current or prior µb denotes the actual mean CPUE with i = 1, 2, . . ., n. financial relationship with the entity the BRD. The Ho will be rejected if t > talpha,nÐ1 seeking BRD certification. In addition, With any hypothesis testing, there are where talpha,nÐ1 denotes the (1¥alpha) any individual: two risks involved known as type I error 100th percentile score in the t 1. Applying to serve as an observer (a true Ha is rejected as being an Ho) and distribution with (n¥1) degrees of must provide the names, addresses, and type II error (a true Ho is accepted as freedom. telephone numbers of at least three being an Ha). The probabilities of A (1¥alpha)100% two-sided references who can attest to the committing these errors are denoted by confidence interval on R consists of all applicant’s background, experiences, alpha and beta, respectively. The values of Ro for which Ho : R = Ro and professional ability. These ≠ probabilities are inversely related to (versus Ha R Ro) cannot be rejected at references will be contacted; each other. As alpha increases, beta the level of significance of alpha. One- unsatisfactory references may be a basis decreases and vice versa. An alpha of 10 sided confidence intervals on R could for disapproval of an applicant as an percent will be used. The two also be computed appropriately. observer. hypotheses are tested using a ‘modified’ Appendix I—Qualifications of Observer 2. Wishing to serve as an observer paired t-test. should submit a resume and supporting The CPUE values for the control and An observer: documents to the Director, Southeast BRD trawls for each successful tow is 1. Must have a Bachelor’s degree in Fisheries Science Center, 75 Virginia computed first and is used in the fisheries biology or closely related field Beach Drive, Miami, FL 33149. The following computations: from an accredited college, have at least Center will use this information to 6 months experience working with a − − determine which names will be = ()1 Ro x y university, college, state fisheries included on a list of qualified observers. t , agency, NMFS, or private research sd0 / n If an applicant is not approved as an organization such as the Gulf and South observer, the RA will notify the where: Atlantic Fisheries Development applicant of the disapproval and will x¯ is the observed mean CPUE for the Foundation as an observer on a trawler provide an explanation for the denial. control, (including research trawlers) in the y¯ is the observed mean CPUE for the southeast region, or have successfully [FR Doc. 99–10634 Filed 4–28–99; 8:45 am] BRD, completed a training course conducted BILLING CODE 3510±22±P
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Notices Federal Register Vol. 64, No. 82
Thursday, April 29, 1999
This section of the FEDERAL REGISTER individually. Order regulations help Formal rulemaking amendments to contains documents other than rules or ensure adequate supplies of high quality the order must be approved in referenda proposed rules that are applicable to the product and adequate returns to conducted by the Secretary. Also, the public. Notices of hearings and investigations, producers. Under the Agricultural Secretary may conduct a continuance committee meetings, agency decisions and Marketing Agreement Act of 1937 referendum to determine industry rulings, delegations of authority, filing of petitions and applications and agency (AMAA), as amended (7 U.S.C. 601– support for continuation of the order. statements of organization and functions are 674), industries enter into marketing Handlers are asked to sign an agreement examples of documents appearing in this order programs. The Secretary of to indicate their willingness to abide by section. Agriculture is authorized to oversee the the provisions of the order whenever the order operations and issue regulations order is amended. These forms are recommended by a committee of included in this request. DEPARTMENT OF AGRICULTURE representatives from each commodity The forms covered under this industry. information collection require the Agricultural Marketing Service The information collection minimum information necessary to [Docket No. FV99±905±2 NC] requirements in this request are effectively carry out the requirements of essential to carry out the intent of the the order, and their use is necessary to Notice of Request for Extension and AMAA, to provide the respondents the fulfill the intent of the AMAA as Revision of a Currently Approved type of service they request, and to expressed in the order. Information Collection administer the Florida citrus marketing The information collected is used only by authorized representatives of AGENCY: Agricultural Marketing Service, order program, which has been operating since 1939. the USDA, including AMS, Fruit and USDA. Vegetable Programs regional and The Florida citrus marketing order ACTION: Notice and request for headquarter’s staff, and authorized regulates the handling of oranges, comments. employees of the committee. AMS is the grapefruit, tangerines, and tangelos primary user of the information and SUMMARY: In accordance with the grown in Florida, hereinafter referred to authorized committee employees are the Paperwork Reduction Act of 1995 (44 as the ‘‘order’’. The order authorizes the secondary user. U.S.C. Chapter 35), this notice issuance of grade, size, container, and Estimate of Burden: Public reporting announces the Agricultural Marketing pack regulations. It also authorizes the burden for this proposed collection of Service’s (AMS) intention to request an limitation of shipments of certain grades information is estimated to average extension for and revision to a currently or sizes. Regulatory provisions apply to 0.16915 hours per response. approved information collection for oranges, grapefruit, tangerines and Respondents: Florida citrus producers Oranges, Grapefruit, Tangerines, and tangelos shipped outside of the and for-profit businesses handling fresh Tangelos grown in Florida, Marketing production area, except for those citrus. Order No. 905. shipments specifically exempt. Estimated Number of Respondents: DATES: Comments on this notice must be The order, and rules and regulations 1176. received by June 28, 1999. issued thereunder, authorize the Citrus Estimated Number of Responses per ADDITIONAL INFORMATION OR COMMENTS: Administrative Committee (committee), Respondent: 1.02. Contact Tershirra T. Yeager, Program the agency responsible for local Estimated Total Annual Burden on Assistant, Marketing Order administration of the order, to require Respondents: 204 hours. Administration Branch, Fruit and handlers and producers to submit Comments are invited on: (1) Whether Vegetable Programs, AMS, USDA, P.O. certain information. Much of this the proposed collection of information Box 96456, room 2525–S, Washington, information is compiled in aggregate is necessary for the proper performance DC 20090–6456; Telephone: (202) 720– and provided to the industry to assist in of the functions of the agency, including 5127 or Fax: (202) 720–5698, or E-mail: marketing decisions. whether the information will have [email protected]. The committee has developed forms practical utility; (2) the accuracy of the SUPPLEMENTARY INFORMATION: as a means for persons to file required agency’s estimate of the burden of the Title: Oranges, Grapefruit, Tangerines, information with the committee relating proposed collection of information, and Tangelos Grown in Florida, to citrus supplies, shipments, including the validity of the Marketing Order No. 905. dispositions, and other information methodology and assumptions used; (3) OMB Number: 0581–0094. needed to effectively carry out the ways to enhance the quality, utility, and Expiration Date of Approval: purpose of the Act and order. As clarity of the information to be December 31, 1999. shipments occur throughout the year, collected; and (4) ways to minimize the Type of Request: Extension and these forms are utilized accordingly. A burden of the collection of information revision of a currently approved USDA form is used to allow producers on those who are to respond, including information collection. to vote on amendments to the order and through the use of appropriate Abstract: Marketing order programs whether the order should be continued. automated, electronic, mechanical, or provide an opportunity for producers of In addition, producers and handlers other technological collection fresh fruits, vegetables and specialty who are nominated by their peers to techniques or other forms of information crops, in a specified production area, to serve as representatives on the technology. work together to solve marketing committee must file nomination forms Comments should reference OMB No. problems that cannot be solved with the Secretary. 0581–0094 and the Florida Citrus
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Marketing Order No. 905, and be mailed other technological collection Dated: April 16, 1999. to Docket Clerk, Fruit and Vegetable techniques or other forms of information Samuel Chambers, Jr., Programs, AMS, USDA, P.O. Box 96456, technology. Comments may be sent to: Administrator, Food and Nutrition Service. room 2525–S, Washington, DC 20090– Robert Eadie, Chief, Policy and Program [FR Doc. 99–10674 Filed 4–28–99; 8:45 am] 6456; Fax: (202) 720–5698; or E-mail: Development Branch, Child Nutrition BILLING CODE 3410±30±U [email protected]. Division, Food and Nutrition Service, Comments should reference the docket U.S. Department of Agriculture, 3101 number and the date and page number Park Center Drive, Room 1008, of this issue of the Federal Register. All Alexandria, VA 22302. DEPARTMENT OF COMMERCE comments received will be available for All responses to this notice will be public inspection in the Office of the summarized and included in the request Bureau of Export Administration Docket Clerk during regular USDA for OMB approval. All comments will Action Affecting Export Privileges; business hours at 14th and also become a matter of public record. Independence Avenue, SW., Export Materials, Inc. and TIC Ltd. Washington, DC, room 2525–S. FOR FURTHER INFORMATION: Requests for All responses to this notice will be additional information or copies of the In the matters of: Export Materials, Inc., 3727 Greenbrier Drive, No. 108, Stafford, summarized and included in the request proposed information form should be directed to Robert Eadie (703) 305–2618. Texas 77477; and TIC Ltd., Suite C, Regent for OMB approval. All comments will Centre, Explorers Way, P.O. Box F–40775, become a matter of public record. SUPPLEMENTARY INFORMATION: Freeport, The Bahamas, Respondents. Dated: April 21, 1999. Title: Form FCS–42, Annual Report of Decision and Order on Renewal of Robert C. Keeney, the Nutrition Education and Training Temporary Denial Order Deputy Administrator, Fruit and Vegetable Program. Programs. OMB Number: 0584–0062. On October 23, 1998, I issued a [FR Doc. 99–10774 Filed 4–28–99; 8:45 am] Decision and Order on Renewal of Expiration Date: 03/31/99. BILLING CODE 3410±02±P Temporary Denial Order (hereinafter Type of Request: Renewal of ‘‘Order’’ or ‘‘TDO’’), renewing for 180 information collection approval by days a May 5, 1997 Order naming, inter DEPARTMENT OF AGRICULTURE OMB. alia, Export Materials, Inc. and Thane- Abstract: Section 19(g)(2) of the Child Coat International Ltd. (hereinafter Food and Nutrition Service Nutrition Act of 1966, as amended (42 collectively referred to as the U.S.C. 1788(g)(2)), requires that ‘‘State Agency Information Collection ‘‘Respondents’’), as persons temporarily educational agencies shall provide Activities: Proposed Collection; denied all U.S. export privileges. 63 FR reports on expenditures of Federal 1 Comment Request Form FCS±42, 58706–58707 (November 2, 1998). The funds, program participation, program Annual Report of the Nutrition Order will expire on April 21, 1999. costs, and related matters, in such form Education and Training Program On April 1, 1999, pursuant to Section and at such times as the Secretary may 766.24 of the Export Administration AGENCY: Food and Nutrition Service, prescribe.’’ Section 227.30(f)(3) of the Regulations (15 CFR Parts 730–774 USDA. Nutrition Education and Training (NET) (1998)) (hereinafter the ‘‘Regulations’’), ACTION: Notice. program regulations further require issued pursuant to the Export State agencies to submit to FNS an Administration Act of 1979, as amended SUMMARY: In accordance with the annual performance report. This (50 U.S.C.A. app. §§ 2401–2420 (1991 & Paperwork Reduction Act of 1995, this information is captured on the FCS–42, Supp. 1998)) (hereinafter the ‘‘Act’’),2 notice announces the Food and Annual Report of the Nutrition the Office of Export Enforcement, Nutrition Service’s (FNS) intention to Education and Training Program. Bureau of Export Administration, request Office of Management and The information provided by the United States Department of Commerce Budget (OMB) approval of the FCS–42, FCS–42 is used by the Department and (hereinafter ‘‘BXA’’), requested that I Annual Report of the Nutrition the State agency to assess NET renew the Order against TIC Ltd.3 and Education and Training Program. implementation status, monitor program DATES: Written comments on this notice accomplishments, and evaluate each 1 The May 5, 1997 Order also named Thane-Coat, must be received on or before June 28, State’s progress in achieving the goals Inc.; Jerry Vernon Ford, president, Thane-Coat, Inc.; 1999. and objectives in the national strategic and Preston John Engebretson, vice-president, ADDRESSES: Comments are invited on: plan and the State agency Thane-Coat, Inc., as persons temporarily denied all U.S. export privileges. I am issuing a separate (a) whether the proposed collection of implementation plan. Data from the Decision and Order today renewing the TDO against information is necessary for the proper FCS–42 is also entered into the Special Thane-Coat, Ford, and Engebretson in a ‘‘non- performance of the functions of the Nutrition Programs Integrated standard’’ format. agency, including whether the Information System from which regional 2 The Act explored on August 20, 1994. Executive information has practical utility; (b) the Order 12924 (3 CFR, 1994 Comp;. 917 (1995)), and national totals are derived. extended by Presidential Notices of August 15, 1995 accuracy of the agency’s estimate of the Affected Public: State and territorial (3 CFR 1995 Comp. 501 (1996)), August 14, 1996 burden of the proposed collection of governments, FNS regional offices (3 CFR, 1996 Comp. 298 (1997)), August 13, 1997 information, including the validity of administering NET Program. (3 CFR, 1997 Comp. 306 (1998)), and August 13, the methodology and assumptions used; 1998 (63 FR 44121, August 17, 1998, continued the Regulations in effect under the International (c) ways to enhance the quality, utility Estimated Number of Respondents: 56. Emergency Economic Powers Act (currently and clarity of the information to be codified at 50 U.S.C.A §§ 1701–1706 (1991 & Supp. collected; and (d) ways to minimize the Estimated Time per Response: Twelve 1998)). burden of the collection of information hours for reporting and 4 hours for 3 In its initial request for the issuance of a TDO recordkeeping for a total of 16 hours. and its October, 1997 and April, 1998 renewal on those who are to respond, including requests, BXA identified this company as Thane- through the use of appropriate Estimated Total Annual Burden on Coat International, Ltd. The company is automated, electronic, mechanical, or Respondents: 896. incorporated in the Bahamas as TIC Ltd.
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Export Materials, Inc. for an additional technology exported or to be exported C. Take any action to acquire from, or 180 days. from the United States and subject to to facilitate the acquisition or attempted In its request, BXA stated that, as a the Export Administration Regulations, acquisition from any denied person of result of an ongoing investigation, it had or in any other activity subject to the any item subject to the Regulations that reason to believe that, during the period Regulations. Moreover, I find such has been exported from the United from approximately June 1994 through renewal is in the public interest in order States; approximately July 1996, Thane-Coat, to reduce the substantial likelihood that D. Obtain from any denied person in Inc., through Ford and Engebretson, and TIC Ltd. and Export Materials, Inc. will the United States any item subject to the using its affiliated companies, TIC Ltd. engage in activities which are in Regulations with knowledge or reason and Export Materials, Inc., made violation of the Regulations. to know that the item will be, or is approximately 100 shipments of U.S.- Accordingly, it is therefore ordered: intended to be, exported from the origin pipe coating materials, machines, First, that TIC Ltd., Suite C, Regent United States; or and parts to the Dong Ah Consortium in Centre, Explorers Way, P.O. Box F– E. Engage in any transaction to service Benghazi, Libya. These items were for 40775, Freeport, the Bahamas, and all of any item subject to the Regulations that use in coating the internal surface of its successors or assigns, officers, has been or will be exported from the prestressed concrete cylinder pipe for representatives, agents, and employees United States and which is owned, the Government of Libya’s Great Man- when acting on its behalf, and Export possessed or controlled by any denied Made River Project.4 Moreover, BXA’s Materials, Inc., 3727 Greenbriar Drive, person, or service any item, of whatever investigation gave it reason to believe No. 108, Stafford, Texas 77477, and all origin, that is owned, possessed or that the Respondents and the affiliated of its successors or assigns, officers, controlled by any denied person if such parties employed a scheme to export representatives, agents, and employees service involves the use of any item U.S.-origin products from the United when acting on its behalf (hereinafter subject to the Regulations that has been States, through the United Kingdom, to referred to collectively as the ‘‘denied or will be exported from the United Libya, a country subject to a persons’’), may not directly or States. For purposes of this paragraph, comprehensive economic sanctions indirectly, participate in any way in any servicing means installation, program, without the authorizations transaction involving any commodity, maintenance, repair, modification or required under U.S. law, including the software or technology (hereinafter testing. Regulations. The approximate value of collectively referred to as ‘‘item’’) Third, that, after notice and the 100 shipments at issue was $35 exported or to be exported from the opportunity for comment, as provided million. In addition, the Respondents United States that is subject to the in Section 766.23 of the Regulations, and the affiliated parties undertook Regulations, or in any other activity any person, firm, corporation, or several significant and affirmative subject to the Regulations, including, business organization related to any actions in connection with the but not limited to: denied person by affiliation, ownership, solicitation of business on another A. Applying for, obtaining, or using control, or position of responsibility in phase of the Great Man-Made River any license, License Exception, or the conduct of trade of related services, Project. export control document; may also be made subject to the BXA has stated that it believes that B. Carrying on negotiations provisions of the Order. the matters under investigation and the concerning, or ordering, buying, Fourth, that this Order does not information obtained to date in that receiving, using, selling, delivering, prohibit any export, reexport, or other investigation support renewal of the storing, disposing of, forwarding, transaction subject to the Regulations TDO issued against the Respondents.5 transporting, financing, or otherwise where the only items involved that are BXA believes that a temporary denial servicing in any way, any transaction subject to the Regulations are the order is necessary to give notice to involving any item exported or to be foreign-produced direct product of U.S. companies in the United States and exported from the United States that is origin technology. abroad that they should cease dealing subject to the Regulations, or in any Fifth, that, in accordance with the with TIC Ltd. and Export Materials, Inc. other activity subject to the Regulations; provisions of Section 766.24(e) of the in export-related transactions involving or Regulations, TIC Ltd. or Export U.S.-origin goods. C. Benefiting in any way from any Materials, Inc. may, at any time, appeal Based on BXA’s showing, I find that transaction involving any item exported, this Order by filing a full written it is appropriate to renew the order or to be exported, from the United States statement in support of the appeal with temporarily denying all U.S. export that is subject to the Regulations, or in the Office of the Administrative Law privileges of TIC Ltd. and Export any other activity subject to the Judge, U.S. Coast Guard ALJ Docketing Materials, Inc. I find that such renewal Regulations. Center, 40 South Gay Street, Baltimore, is necessary in the public interest to Second, that no person may, directly Maryland 21202–4022. prevent an imminent violation of the or indirectly, do any of the following: Sixth, that this Order is effective Regulations and to give notice to A. Export or reexport to or on behalf immediately and shall remain in effect companies in the United States and of any denied person any item subject for 180 days. abroad to cease dealing with these to the Regulations; Seventh, that, in accordance with the persons in any commodity, software, or B. Take any action that facilitates the provisions of Section 766.24(d) of the acquisition, or attempted acquisition, by Regulations, BXA may seek renewal of 4 BXA understands that the ultimate goal of this any denied person of the ownership, this Order by filing a written request not project is to bring fresh water from wells drilled in possession, or control of any item later that 20 days before the expiration southwest and southwest Libya through prestressed concrete cylinder pipe to the coastal cities of Libya. subject to the Regulations that has been date. Any respondent may oppose a This multibillion dollar, multiphase engineering or will be exported from the United request to renew this Order by filing a endeavor is being performed by the Dong Ah States, including financing or other written submission with the Assistant Construction Company of Seoul, South Korea. support activities related to a Secretary for Export Enforcement, 5 On April 1, 1999, BXA requested that I renew the October 23, 1998 TDO against Thane-Coat, Inc., transaction whereby any denied person which must be received not later than Jerry Vernon Ford, and Preston John Engebretson in acquires, or attempts to acquire, such seven days before the expiration date of a ‘‘non-standard’’ format. ownership, possession or control; the Order
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A copy of this Order shall be served Enforcement, Bureau of Export subject in the future to a general trade on each Respondent and this Order Administration, United States embargo by proper legal authority. In shall be published in the Federal Department of Commerce (hereinafter return, the Respondents agreed that, Register. BXA’’), requested that I renew the Order among other conditions, at least 14 days Entered this 20th day of April 1999. against Thane-Coat, Inc., Jerry Vernon in advance of any export that any of the Ford, and Preston John Engebretson for Respondents intends to make of any F. Amanda DeBusk, 180 days in a non-standard format, item from the United States to any Assistant Secretary for Export Enforcement. consistent with the terms agreed to by destination world-wide, the [FR Doc. 99–10739 Filed 4–28–99; 8:45 am] and between the parties in April 1998. Respondents will provide to BXA’s BILLING CODE 3510±DT±M In its request, BXA stated that, as a Dallas Field Office (i) notice of the result of an ongoing investigation, it had intended export, (ii) copies of all reason to believe that, during the period documents reasonably related to the DEPARTMENT OF COMMERCE from approximately June 1994 through subject transaction, including, but not approximately July 1996, Thane-Coat, Bureau of Export Administration limited to, the commercial invoice and Inc., through Ford and Engebretson, and bill of lading, and (iii) the opportunity, Action Affecting Export Privileges; using its affiliated companies, TIC Ltd. during the 14-day notice period, to Thane-Coat, Inc., Jerry Vernon Ford and Export Materials, Inc., made inspect physically the item at issue to and Preston John Engebretson; approximately 100 shipments of U.S.- ensure that the intended shipment is in Decision and Order on Renewal of origin pipe coating materials, machines, compliance with the Export Temporary Denial Order and parts to the Dong Ah Consortium in Administration Act, the Export Benghazi, Libya. These items were for Administration Regulations, or any In the Matters of: Thane-Coat, Inc., 12725 use in coating the internal surface of order issued thereunder. BXA has Royal Drive, Stafford, Texas 77477; Jerry prestressed concrete cylinder pipe for sought renewal of the TDO in a ‘‘non- Vernon Ford, President, Thane-Coat, Inc., the Government of Libya’s Great Man- standard’’ format. 12725 Royal Drive, Stafford, Texas 77477, Made River Project.3 Moreover, BXA’s Based on BXA’s showing, I find that and with an address at 7707 Augustine Drive, investigation gave it reason to believe it is appropriate to renew the order Houston, Texas 77036; and Preston John that the Respondents and the affiliated temporarily denying the export Engebretson, Vice-President, Thane-Coat, Inc., 12725 Royal Drive, Stafford, Texas companies employed a scheme to export privileges of Thane-Coat, Inc., Jerry 77477, and with an address at 8903 U.S.-origin products from the United Vernon Ford, and Preston John Bonhomme Road, Houston, Texas 77074, States, through the United Kingdom, to Engebretson in a ‘‘non-standard’’ format, Respondents. Libya, a country subject to a incorporating the terms agreed to by and On October 23, 1998, I issued a comprehensive economic sanctions between the parties in April 1998. I find program, without the authorizations that such renewal is necessary in the Decision and Order on Renewal of required under U.S. law, including the public interest to prevent an imminent Temporary Denial Order (hereinafter Regulations. The approximate value of violation of the Regulations and to give ‘‘Order’’ or ‘‘TDO’’), renewing for 180 the 100 shipments at issue was $35 notice to companies in the United States days, in a ‘‘non-standard’’ format, a May million. In addition, the Respondents and abroad to cease dealing with these 5, 1997 Order naming, inter alia, Thane- and the affiliated companies undertook persons in any commodity, software, or Coat, Inc.; Jerry Vernon Ford, president, several significant and affirmative technology subject to the Regulations Thane-Coat, Inc.; and Preston John actions in connection with the and exported or to be exported to the Engebretson, vice-president, Thane- solicitation of business on another United Kingdom, the Bahamas, Libya, Coat, Inc. (hereinafter referred to phase of the Great Man-Made River Cuba, Iraq, North Korea, Iran, and any collectively as the ‘‘Respondents’’), as Project. other country or countries that may be persons temporarily denied all U.S. BXA has stated that it believes that made subject in the future to a general export privileges. 63 FR. 58707–58709 the matters under investigation and the 1 trade embargo by proper legal authority, (November 2, 1998). The Order will information obtained to date in that or in any other activity subject to the expire on April 21, 1999. investigation support renewal of the Regulations with respect to these On April 1, 1999, pursuant to Section TDO issued against the Respondents.4 specific countries. Moreover, I find such 766.24 of the Export Administration In that regard, in April 1998, BXA and renewal is in the public interest in order Regulations (currently codified at 15 the Respondents reached an agreement, to reduce the substantial likelihood that C.F.R. Parts 730–774 (1998)) (hereinafter whereby BXA sought a renewal of the Thane-Coat, Inc., Ford and Engebretson the ‘‘Regulations’’), issued pursuant to TDO in a ‘‘non-standard’’ format, will engage in activities which are in the Export Administration Act of 1979, denying all of the Respondents’ U.S. violation of the Regulations. as amended (50 U.S.C.A. app §§ 2401– export privileges to the United Accordingly, it is therefore ordered: 2420 (1991 & Supp. 1998)) (hereinafter First, that Thane-Coat, Inc., 12725 2 Kingdom, the Bahamas, Libya, Cuba, the ‘‘Act’’), the Office of Export Iraq, North Korea, Iran, and any other Royal Drive, Stafford, Texas 77477, and country or countries that may be made all of its successors or assigns, officers, 1 The May 5, 1997 Order also named Thane-Coat representatives, agents, and employees International, Ltd. and Export Materials, Inc. as persons temporarily denied all U.S. export Emergency Economic Powers Act (currently when acting on its behalf; Jerry Vernon privileges. I am issuing a separate Decision and codified at 50 U.S.C.A. §§ 1701–1706 (1991 & Supp. Ford, President, Thane-Coat, Inc., 12725 Order today renewing the TDO against Thane-Coat 1998)). Royal Drive, Stafford, Texas 77477, and International, Ltd. (under its legal name of TIC Ltd.) 3 BXA understands that the ultimate goal of this with an address at 7707 Augustine and Export Materials in a ‘‘standard’’ format. project is to bring fresh water from wells drilled in 2 The Act expired on August 20, 1994. Executive southeast and southwest Libya through prestressed Drive, Houston, Texas 77036, and all of Order 12924 (3 C.F.R., 1994 Comp. 917 (1995)), concrete cylinder pipe to the coastal cities of Libya. his successors, or assigns, extended by Presidential Notices of August 15, 1995 This multibillion dollar, multiphase engineering representatives, agents and employees (3 C.F.R., 1995 Comp. 501 (1996)), August 14, 1996 endeavor is being performed by the Dong Ah when acting on his behalf; and Preston (3 C.F.R., 1996 Comp. 298 (1997)), August 13, 1997 Construction Company of Seoul, South Korea. (3 C.F.R., 1997 Comp. 306 (1998)), and August 13, 4 On April 1, 1999, BXA requested that I renew John Engebretson, Vice-President, 1998 (63 FR 44121, August 17, 1998), continued the the TDO against TIC Ltd. and Export Materials, Inc. Thane-Coat, Inc., 12725 Royal Drive, Regulations in effect under the International in a ‘‘standard’’ format. Stafford, Texas 77477, and with an
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Obtain from any of the denied Maryland 21202–4022. agents, and employees when acting on persons in the United States any item Seventh, that this Order is effective his behalf (all of the foregoing parties subject to the Regulations with immediately and shall remain in effect hereinafter collectively referred to as the knowledge or reason to know that the for 180 days. ‘‘denied persons’’), may not, directly or item will be, or is intended to be, Eighth, that, in accordance with the indirectly, participate in any way in any exported from the United States to any provisions of Section 766.24(d) of the transaction involving any commodity, of the Covered Countries; or Regulations, BXA may seek renewal of software or technology (hereinafter E. Engage in any transaction to service this Order by filing a written request not collectively referred to as ‘‘item’’) any item subject to the Regulations that later than 20 days before the expiration subject to the Export Administration has been or will be exported from the date. Any respondent may oppose a Regulations (hereinafter the United States to any of the Covered request to renew this Order by filing a ‘‘Regulations’’) and exported or to be Countries, and which is owned, written submission with the Assistant exported from the United States to the possessed or controlled by any of the Secretary for Export Enforcement, United Kingdom, the Bahamas, Libya, denied persons, or service any item, of which must be received not later than Cuba, Iraq, North Korea, or Iran, or to whatever origin, that is owned, seven days before the expiration date of any other country or countries that may possessed or controlled by any of the the Order. be made subject in the future to a denied persons if such service involves A copy of this Order shall be served general trade embargo pursuant to the use of any item subject to the on each Respondent and shall be proper legal authority (hereinafter the Regulations that has been or will be published in the Federal Register. ‘‘Covered Countries’’), or in any other exported from the United States to any Entered this 20th day of April, 1999. activity subject to the Regulations with of the Covered Countries. For purposes F. Amanda DeBusk, of this paragraph, servicing means respect to the Covered Countries, Assistant Secretary for Export Enforcement. including, but not limited to: installation, maintenance, repair, [FR Doc. 99–10738 Filed 4–28–99; 8:45 am] A. Applying for, obtaining, or using modification or testing. any license, License Exception, or Third, that, at least 14 days in BILLING CODE 3510±DT±M export control document; advance of any export that any of the denied persons intends to make of any B. Carrying on negotiations DEPARTMENT OF COMMERCE concerning, or ordering, buying, item from the United States to any receiving, using, selling, delivering, destination world-wide, the denied Foreign-Trade Zones Board storing, disposing of, forwarding, person will provide to BXA’s Dallas transporting, financing, or otherwise Field Office (i) notice of the intended [Order No. 1034] servicing in any way, any transaction export, (ii) copies of all documents reasonably related to the subject Expansion of Foreign-Trade Zone 87; involving any item that is subject to the Lake Charles, LA Regulations and that is exported or to be transaction, including, but not limited exported from the United States to any to, the commercial invoice and bill of Pursuant to its authority under the of the Covered Countries, or in any lading, and (iii) the opportunity, during Foreign-Trade Zones Act of June 18, other activity subject to the Regulations; the 14-day notice period, to inspect 1934, as amended (19 U.S.C. 81a–81u), or physicially the item at issue to ensure the Foreign-Trade Zones Board (the C. Benefiting in any way from any that the intended shipment is in Board) adopts the following Order: transaction involving any item exported compliance with the Export Whereas, the Lake Charles Harbor & or to be exported from the United States Administration Act, the Export Terminal District, grantee of Foreign- to any of the Covered Countries that is Administration Regulations, or any Trade Zone 87, submitted an subject to the Regulations, or in any order issued thereunder. application to the Board for authority to other activity subject to the Regulations. Fourth, that, after notice and expand FTZ 87 to include sites at the Second, that no person may, directly opportunity for comment, as provided Lake Charles Harbor & Terminal District or indirectly, do any of the following: in Section 766.23 of the Regulations, Industrial Park East (Site 5) and the A. Export or reexport to or on behalf any person, firm, corporation, or Chennault Airpark (Site 6) in Calcasieu of any of the denied persons any item business organization related to any of Parish, Louisiana, within the Lake subject to the Regulations to any of the the denied persons by affiliation, Charles Customs port of entry (FTZ Covered Countries; ownership, control, or position of Docket 23–98; filed 4/22/98); B. Take any action that facilitates the responsibility in the conduct of trade or Whereas, notice inviting public acquisition, or attempted acquisition by related services, may also be made comment was given in the Federal any of the denied persons of the subject to the provisions of this Order. Register (63 FR 24155, 5/1/98) and the ownership, possession, or control of any Fifth, that this Order does not prohibit application has been processed item subject to the Regulations that has any export, reexport, or other pursuant to the FTZ Act and the Board’s been or will be exported from the transaction subject to the Regulations regulations; and, United States to any of the Covered where the only items involved that are Whereas, the Board adopts the Countries, including financing or other subject to the Regulations are the findings and recommendations of the support activities related to a foreign-produced direct product of U.S.- examiner’s report, and finds that the transaction whereby any of the denied origin technology. requirements of the FTZ Act and persons acquires or attempts to acquire Sixth, that, in accordance with the Board’s regulations are satisfied, and such ownership, possession or control; provisions of Section 766.24(e) of the that the proposal is in the public C. Take any action to acquire from or Regulations, Thane-Coat, Ford, or interest; to facilitate the acquisition or attempted Engebretson may, at any time, appeal Now, therefore, the Board hereby acquisition from any of the denied this Order by filing a full written orders: persons of any item subject to the statement in support of the appeal with The application to expand FTZ 87 is Regulations that has been exported from the Office of the Administrative Law approved, subject to the Act and the
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Board’s regulations, including Section Dated: April 20, 1999. injuring and threatening further material 400.28. Roland MacDonald, injury to an industry in the United Signed at Washington, DC, this 7th day of Acting Deputy Assistant Secretary, States. April 1999. Enforcement Group III. The Department finds that the Robert S. LaRussa, [FR Doc. 99–10769 Filed 4–28–99; 8:45 am] petitioners filed this petition on behalf BILLING CODE 3510±DS±P of the domestic industry because they Assistant Secretary of Commerce for Import are interested parties as defined in Administration, Alternate Chairman, Foreign- Trade Zones Board. section 771(9)(C) of the Act and they have demonstrated that they account for Dennis Puccinelli, DEPARTMENT OF COMMERCE at least 25 percent of the total Acting Executive Secretary. International Trade Administration production of the domestic like product [FR Doc. 99–10767 Filed 4–28–99; 8:45 am] [A±580±839, A±583±833] and more than 50 percent of the BILLING CODE 3510±DS±P production of the domestic like product Initiation of Antidumping Duty produced by that portion of the industry expressing support for, or opposition to, DEPARTMENT OF COMMERCE Investigations: Certain Polyester Staple Fiber From the Republic of the petition (see ‘‘Determination of International Trade Administration Korea and Taiwan Industry Support for the Petition’’ section, below). AGENCY: Import Administration, [A±357±007] International Trade Administration, Scope of the Investigations Department of Commerce. For purposes of these investigations, Carbon Steel Wire Rod From EFFECTIVE DATE: April 29, 1999. the product covered is certain polyester Argentina; Antidumping Duty FOR FURTHER INFORMATION CONTACT: staple fiber. Certain polyester staple Administrative Review; Extension of fiber is defined as synthetic staple Time Limit Cynthia Thirumalai and Marian Wells, Import Administration, International fibers, not carded, combed or otherwise processed for spinning, of polyesters AGENCY: Import Administration, Trade Administration, U.S. Department of Commerce, Room 3099, 14th Street measuring 3.3 decitex (3 denier, International Trade Administration, inclusive) or more in diameter. This Department of Commerce. and Constitution Avenue, N.W., Washington, D.C. 20230; telephone: merchandise is cut-to-lengths varying from one inch (25 mm) to five inches ACTION: Notice of extension of time (202) 482–4087 and (202) 482–6309, (127 mm). The merchandise subject to limit. respectively. these investigations may be coated, SUMMARY: The Department of Commerce Initiation of Investigations usually with a silicon or other finish, or not coated. Certain polyester staple fiber (the Department) is extending the time The Applicable Statute and Regulations limit of the preliminary results of the is generally used as stuffing in sleeping antidumping duty administrative review Unless otherwise indicated, all bags, mattresses, ski jackets, comforters, of Carbon Steel Wire Rod from citations to the statute are references to cushions, pillows, and furniture. Argentina. This review covers the the provisions effective January 1, 1995, Merchandise of less than 3.3 decitex period November 1, 1997 through the effective date of the amendments (less than 3 denier) classified under the October 31, 1998. made to the Tariff Act of 1930 as Harmonized Tariff Schedule of the amended (‘‘the Act’’) by the Uruguay United States (‘‘HTSUS’’) at subheading EFFECTIVE DATE: April 29, 1999. Round Agreements Act (‘‘URAA’’). In 5503.20.00.20 is specifically excluded FOR FURTHER INFORMATION CONTACT: addition, unless otherwise indicated, all from these investigations. Also Helen Kramer or Linda Ludwig, Office citations to the Department’s regulations specifically excluded from these of AD/CVD Enforcement, Group III, are to the provisions codified at 19 CFR investigations are polyester staple fibers Import Administration, International part 351 (1998). of 10 to 18 denier that are cut-to-lengths of 6 to 8 inches (fibers used in the Trade Administration, U.S. Department The Petition of Commerce, 14th Street and manufacture of carpeting). On April 2, 1999, the Department of Constitution Avenue, NW, Washington, The merchandise subject to these Commerce (‘‘the Department’’) received DC 20230; telephone (202) 482–0405 or investigations is classified in the a petition filed in proper form by E.I. 482–3833, respectively. HTSUS at subheadings 5503.20.00.40 DuPont de Nemours, Inc.; NanYa and 5503.20.00.60. Although the SUPPLEMENTARY INFORMATION: Owing to Plastics Corporation, America; Arteva HTSUS subheadings are provided for the complexity of model match issues in Specialities S.a.r.l., d/b/a KoSa; convenience and customs purposes, the this case, it is not practicable to Wellman, Inc.; and Intercontinental written description of the merchandise complete this review within the original Polymers, Inc., hereinafter collectively under investigation is dispositive. time limit. See Decision Memorandum referred to as ‘‘the petitioners.’’ During our review of the petition, we from Joseph A. Spetrini, Deputy (However, NanYa Plastics Corporation, discussed the scope with the petitioners Assistant Secretary, Enforcement Group America is not a petitioner in the to ensure that the scope language III, to Robert S. LaRussa, Assistant Taiwan case.) accurately reflects the product for which Secretary for Import Administration, In accordance with section 732(b) of they are seeking relief. Moreover, as dated April 20, 1999. Therefore, the the Act, the petitioners allege that discussed in the preamble to the Department is extending the time limit imports of certain polyester staple fiber Department’s regulations (62 FR 27323), for completion of the preliminary (‘‘polyester fiber’’) from the Republic of we are setting aside a period for parties results until September 30, 1999, in Korea (‘‘Korea’’) and Taiwan are being, to raise issues regarding product accordance with Section 751(a)(3)(A) of or are likely to be, sold in the United coverage. The Department encourages the Trade and Tariff Act of 1930, as States at less than fair value within the all parties to submit such comments by amended by the Uruguay Round meaning of section 731 of the Act, and May 12, 1999. Comments should be Agreements Act of 1994. that such imports are both materially addressed to Import Administration’s
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Central Records Unit at Room 1870, U.S. of merchandise to be investigated, delivered basis. Where applicable, the Department of Commerce, 14th Street which normally will be the scope as petitioners calculated a net U.S. price by and Constitution Avenue, N.W., defined in the petition. subtracting the estimated cost of foreign Washington, D.C. 20230. The period of The domestic like product referred to inland freight to the port of export, scope consultations is intended to in the petition is the single domestic using information obtained through provide the Department with ample like product defined in the ‘‘Scope of foreign market research. Where opportunity to consider all comments Investigations’’ section, above. The applicable, the petitioners then and consult with parties prior to the Department has no basis on the record subtracted ocean freight expenses, issuance of our preliminary to find this definition of the domestic which were calculated as the difference determinations. like product to be inaccurate. The between the CIF and the U.S. customs Department, therefore, has adopted this values reported in the U.S. import Determination of Industry Support for domestic like product definition. statistics for January through December the Petition In this case, the Department has 1998, and estimated U.S. inland freight Section 732(b)(1) of the Act requires determined that the petition and costs. U.S. import duties were estimated that a petition be filed on behalf of the supplemental information contained by the petitioners using the HTSUS domestic industry. Section 732(c)(4)(A) adequate evidence of sufficient industry schedule and then subtracted from the of the Act provides that a petition meets support; therefore, polling was not prices. Where applicable, the petitioners this requirement if the domestic necessary. See Initiation Checklists also subtracted amounts for U.S. producers or workers who support the dated April 22, 1999 (public versions on merchandise processing fees and U.S. petition account for: (1) At least 25 file in the Central Records Unit of the harbor maintenance fees in accordance percent of the total production of the Department of Commerce, Room B– with section 772(c)(2)(A) of the Act. domestic like product; and (2) more 099). To the best of the Department’s (The Department corrected the than 50 percent of the production of the knowledge, the producers who support petitioners’ calculations of U.S. import domestic like product produced by that the petition account for more than 50 duties, U.S. merchandise processing portion of the industry expressing percent of the production of the fees, and U.S. harbor maintenance fees.) support for, or opposition to, the domestic like product. Additionally, no Finally, the petitioners calculated petition. person who would qualify as an imputed credit expenses based on Section 771(4)(A) of the Act defines interested party pursuant to section average payment terms of 60 days and the ‘‘industry’’ as: ‘‘the producers as a 771(b)(A), (C), (D), (E) or (F) of the Act the average U.S. prime lending rate for whole of a domestic like product.’’ has expressed opposition on the record December 1998, as published in the Thus, to determine whether the petition to the petition. Accordingly, the International Financial Statistics, and has the requisite industry support, the Department determines that this added this amount to normal value statute directs the Department to look to petition is filed on behalf of the (‘‘NV’’). producers and workers who account for domestic industry within the meaning The petitioners obtained gross unit production of the domestic like product. of section 732(b)(1) of the Act. prices and multiple offers for sale in The International Trade Commission Korea during the period Export Price and Normal Value (‘‘ITC’’), which is responsible for contemporaneous with the U.S. sales determining whether ‘‘the domestic The following is a description of the offers for products which were either industry’’ has been injured, must also allegations of sales at less than fair value identical or similar to those sold to the determine what constitutes a domestic upon which our decision to initiate United States. The petitioners used the like product in order to define the these investigations is based. Should the market research information which industry. While both the Department need arise to use any of this information indicated that the volume of home and the ITC must apply the same in our preliminary or final market sales is sufficient to form a basis statutory definition regarding the determinations for purposes of facts for normal value. Since the home domestic like product, they do so for available under section 776 of the Act, market prices and offers for sale were different purposes and pursuant to we may re-examine the information and based on delivered terms, the separate and distinct authority. In revise the margin calculations, if petitioners subtracted the estimated addition, the Department’s appropriate. transportation costs to home market determination is subject to limitations of Korea customers. Next, the petitioners time and information. Although this deducted a discount offered to Korean may result in different definitions of the The petitioners identified Daehan customers who pay cash. The resulting like product, such differences do not Synthetic Fiber Co., Ltd. (also known as home market net prices were then render the decision of either agency Tae Kweng); Kohap, Ltd.; Saehan converted from kilograms to pounds and contrary to the law.1 Section 771(10) of Industries, Inc.; Sam Yang Co.; and SK to U.S. dollar prices using the official the Act defines the domestic like Chemicals as producers and exporters of exchange rate in effect for the month of product as ‘‘a product which is like, or polyester fiber to the United States. The the comparison U.S. sale. Lastly, the in the absence of like, most similar in petitioners have based U.S. price on petitioners added the imputed credit characteristics and uses with, the article export price (‘‘EP’’) because information expenses incurred in the U.S. market subject to an investigation under this obtained by the petitioners indicates (see above). The petitioners did not subtitle.’’ Thus, the reference point from that Korean producers sold polyester adjust for packing because they assumed which the domestic like product fiber to unaffiliated importers in the that packing costs were the same for the analysis begins is ‘‘the article subject to United States. As a basis for its EP home market and for U.S. sales. an investigation,’’ i.e., the class or kind calculation, the petitioners have used multiple offers for sale of the subject Taiwan 1 See Algoma Steel Corp. Ltd., v. United States, merchandise to unaffiliated purchasers The petitioners identified Far Eastern 688 F. Supp. 639, 642–44 (CIT 1988); High in the United States between December Textile Ltd. (‘‘Far Eastern’’); Nan Ya Information Content Flat Panel Displays and Display Glass from Japan: Final Determination; 1998 and February 1999. The terms of Plastics Corporation; Shinkong Rescission of Investigation and Partial Dismissal of some of these sales offers were FOB Synthetic Fibers Corp.; and Tuntex Petition, 56 FR 32376, 32380–81 (July 16, 1991). whereas other sales were offered on a Distinct Corp. as producers and
VerDate 26-APR-99 11:10 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\A29AP3.206 pfrm03 PsN: 29APN1 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Notices 23055 exporters of polyester fiber to the United delivery costs. The petitioners used adjustments to the U.S. producer’s States. The petitioners have based U.S. average inland freight costs incurred to manufacturing cost to account for price on export price (‘‘EP’’) because deliver in the U.S. as a proxy for known differences in costs between the information obtained by the petitioners delivery costs. We accepted this proxy United States and Taiwan. To calculate indicates that Taiwanese producers sold because this information was reasonably SG&A, the petitioners took the ratio of polyester fiber to unaffiliated importers available to the petitioners and this is a SG&A to the costs of sales from Far in the United States. As a basis for its conservative methodology since average Eastern’s 1997 audited financial EP calculation, the petitioners have delivery distances are greater in the U.S. statements and applied this ratio to the used multiple offers for sale of the and delivery costs are determined by calculated COM. In accordance with subject merchandise to unaffiliated weight and distance. The petitioners did section 773(e) of the Act, the petitioners purchasers in the United States between not adjust for packing because they added an amount for profit calculated December 1998 and February 1999. The assumed that packing costs were the from the 1997 audited financial terms of some of these sales offers were same for the home market and for U.S. statements of Far Eastern. The FOB Taiwan whereas other sales were sales. The petitioners converted home petitioners then compared this cost to offered on a delivered basis. The market prices and quantities to U.S. Far Eastern’s home market price for this petitioners calculated net U.S. prices by dollars and to pounds, respectively. product as reported in the market research report and found that the home subtracting estimated costs incurred to Fair Value Comparisons transport polyester fiber from the port of market price was below the COP. export to the U.S. port, and from the Based on the data provided by the petitioners, there is reason to believe Allegations and Evidence of Material U.S. port to the customer’s location in Injury and Causation the U.S., where applicable. No that imports of polyester fiber from adjustment for transportation costs from Korea and Taiwan are being, or are The petition alleges that the U.S. the factory to the port of export were likely to be, sold at less than fair value. industry producing the domestic like made because this information was not Based on a comparison of EP to home product is being materially injured, and available to the petitioners. The market prices, the petitioners’ is threatened with material injury, by petitioners deducted international calculated dumping margins range from reason of the imports of the subject freight and insurance costs which were 48.14 to 84.03 percent for Korea and merchandise sold at less than NV. The calculated as the difference between the from 8.03 to 23.62 percent for Taiwan. petitioners explained that the industry’s In addition, for Taiwan, the estimated CIF and the U.S. customs values injured condition is evident in the dumping margin based on a comparison reported in the U.S. import statistics for declining trends in net operating profits of EP to CV is 70.70 percent. January through December 1998. The and income, net sales volumes and petitioners also subtracted U.S. import Allegation of Sales Below Cost in values, profit to sales ratios, and duties, U.S. harbor maintenance fees, Taiwan capacity utilization. The allegations of injury and causation are supported by and U.S. merchandise processing fees, Pursuant to section 773(b) of the Act, where applicable. (The Department relevant evidence including U.S. the petitioners alleged that home market Customs import data, lost sales, and corrected the petitioners’ calculations of sales of the foreign like product in U.S. import duties, U.S. harbor pricing information. The Department Taiwan were made at prices below the assessed the allegations and supporting maintenance fees, and U.S. merchandise cost of production (‘‘COP’’) and processing fees.) The petitioners evidence regarding material injury and requested that the Department initiate a causation and determined that these calculated imputed credit expenses country-wide investigation of sales based on average payment terms allegations are supported by accurate below cost. The petitioners calculated and adequate evidence and meet the reported in the market research report COP for six denier, non-conjugated and and the average U.S. prime lending rate statutory requirements for initiation. See non-silicon coated polyester fiber by Initiation Checklists. for the month of the U.S. sales as using the CV for one company, Far published in the International Financial Eastern. According to the petitioners, Initiation of Antidumping Statistics. The petitioners adjusted for six denier is one of the most common Investigations the difference in imputed credit denier categories and is, therefore, Based upon our examination of the expenses by subtracting home market representative of the foreign like petition, we have found that the petition credit expenses and by adding U.S. product to be compared to subject meets the requirements of section 732 of imputed credit expenses to the home merchandise sold in the United States. the Act. Therefore, we are initiating market prices found through foreign In addition, petitioners selected Far antidumping duty investigations to market research. Eastern because it is the largest and, determine whether imports of polyester With respect to NV, the petitioners hence, probably the most efficient, fiber from Korea and Taiwan are being, provided information on sales prices in producer of polyester fiber in Taiwan or are likely to be, sold in the United Taiwan and constructed value (‘‘CV’’) and accounted for the largest share of States at less than fair value. Unless this for one type of polyester staple fiber. exports to the United States. Based on deadline is extended, we will make our The petitioners received prices for the foregoing, costs for Far Eastern, preliminary determinations by actual recent sales or offers for sale to according to petitioners, are September 9, 1999. unaffiliated customers in Taiwan by the representative of the costs of other four Taiwanese companies which producers of polyester fiber. Initiation of Cost Investigations produce subject merchandise. The Pursuant to section 773(b)(3) of the Pursuant to section 773(b) of the Act, petitioners used market research Act, COP consists of the cost of petitioners provided information information which indicated that the manufacturing (‘‘COM’’), selling, general demonstrating reasonable grounds to volume of home market sales is and administrative expenses (‘‘SG&A’’) believe or suspect that sales in the home sufficient to form a basis for normal and packing. The petitioners used the market of Taiwan were made at prices value. Since the home market prices product-specific costs reported by a U.S. below the COP and, accordingly, were inclusive of delivery charges, the producer as a starting point to calculate requested the Department to conduct a petitioners subtracted estimated the COM. The petitioners made country-wide sales-below-COP
VerDate 26-APR-99 11:10 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\A29AP3.207 pfrm03 PsN: 29APN1 23056 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Notices investigation in connection with the proceed according to statutory and DEPARTMENT OF COMMERCE requested antidumping investigation in regulatory time limits. Taiwan. The Statement of This notice is published in International Trade Administration Administrative Action (‘‘SAA’’), accordance with section 777(i) of the accompanying the URAA, H.R. Doc. No. Act. Application for Duty-Free Entry of 103–316, vol. 1 at 833 (1994), states that Dated: April 22, 1999. Scientific Instrument an allegation of sales below COP need Richard W. Moreland, Pursuant to Section 6(c) of the not be specific to individual exporters Acting Assistant Secretary for Import or producers. The SAA also states that Administration. Educational, Scientific and Cultural Materials Importation Act of 1966 (Pub. ‘‘Commerce will consider allegations of [FR Doc. 99–10770 Filed 4–28–99; 8:45 am] L. 89–651; 80 Stat. 897; 15 CFR part below-cost sales in the aggregate for a BILLING CODE 3510±DS±P foreign country, just as Commerce 301), we invite comments on the currently considers allegations of sales question of whether instruments of at less than fair value on a country-wide DEPARTMENT OF COMMERCE equivalent scientific value, for the basis for purposes of initiating an purposes for which the instrument antidumping investigation.’’ Id. International Trade Administration shown below are intended to be used, are being manufactured in the United Further, the SAA provides that ‘‘new [A±357±804] section 773(b)(2)(A) retains the current States. requirement that Commerce have Silicon Metal From Argentina; Comments must comply with 15 CFR ‘reasonable grounds to believe or Antidumping Duty Administrative 301.5(a)(3) and (4) of the regulations and suspect’ that below-cost sales have Review; Extension of Time Limit be filed within 20 days with the occurred before initiating such an Statutory Import Programs Staff, U.S. AGENCY: Import Administration, investigation.’’ Reasonable grounds will Department of Commerce, Washington, ‘‘exist when an interested party International Trade Administration, Department of Commerce. D.C. 20230. The application may be provides specific factual information on examined between 8:30 A.M. and 5:00 ACTION: Notice of extension of time costs and prices, observed or P.M. in Room 4211, U.S. Department of limit. constructed, indicating that sales in the Commerce, 14th Street and Constitution foreign market in question are at below- SUMMARY: The Department of Commerce Avenue, N.W., Washington, D.C. cost prices.’’ Id. Based upon the (the Department) is extending the time Docket Number: 99–004. Applicant: comparison of the price from the limit of the preliminary results of the U.S. Department of Commerce, Pacific petition for the representative foreign antidumping duty administrative review Marine Center, 7600 Sand Point Way like product to its adjusted costs of of Silicon Metal from Argentina. This N.E., Seattle, WA 98115–0700. production, in accordance with section review covers the period September 1, Instrument: Multibeam Echosounder 773(b)(2)(A)(i) of the Act, we find the 1997 through August 31, 1998. (Sonar). Manufacturer: ELAC NAUTIK, existence of ‘‘reasonable grounds to EFFECTIVE DATE: April 29, 1999. Germany. Intended Use: The instrument believe or suspect’’ that sales of the FOR FURTHER INFORMATION CONTACT: foreign like product in Taiwan were will be used for the survey and mapping Helen Kramer or Linda Ludwig, Office made below COP. Accordingly, the of coastal ocean waters for the detection, of AD/CVD Enforcement, Group III, Department is initiating the requested location and identification of 2 wrecks Import Administration, International country-wide cost investigation. and other obstructions on the sea floor. Trade Administration, U.S. Department The objective in the surveys will be to Distribution of Copies of the Petition of Commerce, 14th Street and determine depths of hazards to aid in Constitution Avenue, NW, Washington, In accordance with section the safety of navigation and general DC 20230; telephone (202) 482–0405 or bathymetry. Application accepted by 732(b)(3)(A) of the Act, a copy of the 482–3833, respectively. public version of the petition has been Commissioner of Customs: April 9, SUPPLEMENTARY INFORMATION: Owing to provided to the representatives of the 1999. the complexity of cost issues in this Governments of Korea and Taiwan. We Docket Number: 99–005. Applicant: case, it is not practicable to complete will attempt to provide a copy of the University of Connecticut, Department this review within the original time public version of the petition to the of Psychology, 406 Babbidge Road, limit. See Decision Memorandum from exporters named in the petition. Storrs, CT 06269–1020. Instrument: Joseph A. Spetrini, Deputy Assistant Fiber Electrode Manipulator System. International Trade Commission Secretary, Enforcement Group III, to Manufacturer: Thomas Recording, Notification Robert S. LaRussa, Assistant Secretary Germany. Intended Use: The instrument for Import Administration, dated April We have notified the ITC of our will be used for studies of the electrical 20, 1999. Therefore, the Department is initiation of these investigations, as activity of brain cells (neurons) of the extending the time limit for completion required by section 732(d) of the Act. cerebral cortex. Two sets of experiments of the preliminary results until will be conducted in fully awake Preliminary Determination by the ITC September 30, 1999, in accordance with rabbits. The first set is aimed at Section 751(a)(3)(A) of the Trade and The ITC will determine by May 17, understanding the transformations Tariff Act of 1930, as amended by the 1999 whether there is a reasonable performed upon inputs to the cortex by Uruguay Round Agreements Act of indication that an industry in the the intracortical circuitry and how these 1994. United States is materially injured, or is transformations lead to parallel and threatened with material injury by Dated: April 20, 1999. distinct efferent outflows. The second reason of imports of polyester fiber from Roland MacDonald, set of experiments examines the nature Korea and Taiwan. A negative ITC Acting Deputy Assistant Secretary, of a large population of neurons determination will result in the Enforcement Group III. throughout sensory cortex that have no investigation being terminated; [FR Doc. 99–10768 Filed 4–28–99; 8:45 am] demonstrable (supra-threshold) otherwise, these investigations will BILLING CODE 3510±DS±P receptive fields. Application accepted
VerDate 26-APR-99 11:10 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\A29AP3.208 pfrm03 PsN: 29APN1 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Notices 23057 by Commissioner of Customs: April 13, DEPARTMENT OF COMMERCE determinations. Therefore, we are 1999. postponing the preliminary Frank W. Creel, International Trade Administration determinations under section Director, Statutory Import Programs Staff. [C±427±817, C±533±818, C±560±806, C±475± 703(c)(1)(A) of the Act. See Memorandum from Holly Kuga to [FR Doc. 99–10766 Filed 4–28–99; 8:45 am] 827, C±580±837] Robert S. LaRussa, dated April 21, 1999 BILLING CODE 3510±DS±P Certain Cut-to-Length Carbon-Quality (on file in the public file of the Central Steel Plate From France, India, Records Unit, Room B–099 of the Indonesia, Italy, and the Republic of Department of Commerce). We will DEPARTMENT OF COMMERCE Korea: Postponement of Time Limit for make our preliminary determinations in Countervailing Duty Investigations International Trade Administration these investigations no later than July 16, 1999. AGENCY: Import Administration, This notice of postponement is North Carolina State University; Notice International Trade Administration, published pursuant to section 703(c)(2) of Decision on Application for Duty- Department of Commerce. of the Act. Free Entry of Scientific Instrument ACTION: Notice of Postponement of Time Limit for Preliminary Determination of Dated: April 21, 1999. This decision is made pursuant to Countervailing Duty Investigations Robert S. LaRussa, Section 6(c) of the Educational, Assistant Secretary for Import Scientific, and Cultural Materials EFFECTIVE DATE: April 29, 1999. Administration. Importation Act of 1966 (Pub. L. 89– FOR FURTHER INFORMATION CONTACT: Eric [FR Doc. 99–10771 Filed 4–28–99; 8:45 am] 651, 80 Stat. 897; 15 CFR part 301). Greynolds (France), at (202) 482–6071; BILLING CODE 3510±DS±P Related records can be viewed between Robert Copyak (India), at (202) 482– 8:30 A.M. and 5:00 P.M. in Room 4211, 2209; Kathleen Lockhard (Indonesia), at U.S. Department of Commerce, 14th and (202) 482–1168; Kristen Johnson (Italy), DEPARTMENT OF DEFENSE Constitution Avenue, N.W., at (202) 482–4406; and Stephanie Moore (Republic of Korea), at (202) 482–3692, Washington, D.C. Department of the Navy Office of CVD/AD Enforcement VI, Docket Number: 99–002. Applicant: Import Administration, International Notice of Public Hearing and North Carolina State University, Trade Administration, U.S. Department Availability of the Draft Environmental Raleigh, NC 27695. Instrument: Lifetime of Commerce, 14th Street and Impact Statement (DEIS) for Disposal Measurement System, Model JANUS Constitution Avenue, N.W., and Reuse of Naval Air Station (NAS) 200–M. Manufacturer: Amecon Washington, D.C. 20230. Alameda and the Fleet and Industrial Messtechnik, Germany. Intended Use: POSTPONEMENT OF PRELIMINARY Supply Center (FISC), Alameda Annex See notice at 64 FR 10991. DETERMINATIONS: On March 8, 1999, the and Facility, Alameda, CA Department initiated the countervailing Comments: None received. Decision: AGENCY: Department of the Navy, DOD. duty investigations on certain cut-to- Approved. No instrument of equivalent ACTION: Notice. scientific value to the foreign length carbon-quality steel plate from instrument, for such purposes as it is France, India, Indonesia, Italy, and the SUMMARY: The Department of the Navy intended to be used, is being Republic of Korea. See Notice of has prepared and filed with the U.S. manufactured in the United States. Initiation of Countervailing Duty Environmental Protection Agency a Investigations: Certain Cut-To-Length Reasons: The foreign instrument DEIS for disposal and reuse of NAS Carbon-Quality Steel Plate from France, provides laser excitation/microwave Alameda and FISC Alameda Annex and India, Indonesia, Italy and the Republic Facility. A public hearing will be held detection of the photoconduction decay of Korea, 64 FR 12996 (March 16, 1999). for contactless measurement of the for the purpose of receiving oral and The preliminary determinations written comments on the DEIS. Federal, carrier lifetime and lifetime mapping of currently must be issued by May 12, silicon wafers from 15 to 300 mm State and local agencies and interested 1999. individuals are invited to be present at diameter. The National Institute of On April 19, 1999, Bethlehem Steel the hearing. Standards and Technology advised Corporation, U.S. Steel Group, a unit of DATES: The meeting will be held on May April 8, 1999 that (1) this capability is USX Corporation, Gulf States Steel, Inc., 18, 1999, at 7:00 p.m. pertinent to the applicant’s intended IPSCO Steel Inc., and Tuscaloosa Steel purpose and (2) it knows of no domestic Corporation (petitioners) made a timely ADDRESSES: Alameda High School, Little instrument or apparatus of equivalent request pursuant to 19 CFR 351.205(e) Theatre; 2200 Central Avenue; Alameda, scientific value to the foreign of the Department’s regulations for a California (at the corner of Central Avenue and Walnut Street). instrument for the applicant’s intended postponement of the preliminary use. determinations in accordance with FOR FURTHER INFORMATION CONTACT: Mr. Jerry Hemstock (Code 7032JH), We know of no other instrument or section 703(c)(1)(A) of the Tariff Act of 1930, as amended (the Act). Petitioners Engineering Field Activity, West, Naval apparatus of equivalent scientific value requested a postponement because of Facilities Engineering Command, 900 to the foreign instrument which is being the extraordinarily complicated nature Commodore Drive, San Bruno, manufactured in the United States. of these cases, the large number of California, telephone (650) 244–3023, Frank W. Creel, foreign producers involved, and to facsimile (650) 244-3206. Director, Statutory Import Programs Staff. allow time for the Department to SUPPLEMENTARY INFORMATION: Pursuant [FR Doc. 99–10765 Filed 4–28–99; 8:45 am] determine the extent to which particular to Section 102(2)(c) of the National BILLING CODE 3510±DS±P subsidies are being used. Environmental Policy Act of 1969, as For reasons identified by petitioners, implemented by the Council on we see no compelling reason not to Environmental Quality regulations (40 postpone the preliminary CFR Parts 1500–1508), the Department
VerDate 26-APR-99 11:10 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\A29AP3.189 pfrm03 PsN: 29APN1 23058 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Notices of the Navy (Navy) has prepared and The Reuse Plan Alternative is based Theatre, 2200 Central Avenue, Alameda, filed with the U.S. Environmental on the NAS Alameda Community Reuse California (at the corner of Central Protection Agency (EPA) the DEIS for Plan (Reuse Plan) that was developed by Avenue and Walnut Street). Federal, Disposal and Reuse of NAS Alameda the ARRA, the Local Redevelopment State and local agencies and interested and FISC Alameda Annex and Facility Authority. The Reuse Plan envisions a parties are invited to be present at the in Alameda, California. A public mixed use for the properties that hearing. Oral comments will be heard hearing will be held for the purpose of includes industrial, commercial and transcribed by a court recorder; receiving oral and written comments on residential and community uses within written comments are also requested to the DEIS. Federal, State and local six distinct planning areas. Community ensure accuracy of the record. All agencies, as well as interested uses would include public parks and comments, both oral and written, will individuals and organizations are open space, schools, a golf course and become part of the official record. In the invited to be present or represented at a recreational vehicle park. Industrial interest of available time, each speaker the hearing. uses would include office, marine- will be asked to limit oral comments to A Notice of Intent (NOI) to prepare related light industry and research and three minutes. Longer comments should the DEIS was published in the Federal development businesses. Residential be summarized at the public hearing Register on February 22, 1996 (61 FR housing would include reuse of existing and submitted in writing either at the 36). housing as well as new construction. hearing or mailed to Mr. Jerry Hemstock Public scoping meeting Commercial uses would include at the address given above. Written announcements were published in four neighborhood shopping districts, comments are requested not later than local newspapers: the San Leandro offices, hotels and a conference facility. June 1, 1999. Times on February 29, 1996; the No decision on the proposed action will Dated: April 19, 1999. Alameda Journal on March 1 and 5, be made until the NEPA process has Pamela A. Holden, 1996; the Oakland Tribune and the been completed. Potential impacts evaluated in the Lieutenant Commander, Judge Advocate Alameda Times-Star on March 3 and 5, General’s Corps, U.S. Navy, Federal Register 1996. A public scoping meeting was DEIS include, but are not limited to: Liaison Officer. land use, visual resources, held on March 13, 1996 at the Alameda [FR Doc. 99–10746 Filed 4–28–99; 8:45 am] socioeconomics, public services, High School Cafeteria, 2200 Central BILLING CODE 3810±FF±P Avenue, Alameda, California. utilities, cultural resources, biological resources, geology and soils, water The proposed action is the disposal of resources, traffic and circulation, air Navy property for subsequent reuse and quality, noise, and hazardous materials DEPARTMENT OF ENERGY redevelopment, in accordance with the and waste. With two exceptions, 1990 Defense Base Closure and Final Programmatic Environmental potentially significant impacts under all Realignment Act, and the 1993 and 1995 Impact Statement for Alternative of the reuse alternatives can be Strategies for the Long-Term Base Realignment and Closure mitigated to nonsignificant levels. Commission recommendations. Management and Use of Depleted Potentially significant but mitigable Uranium Hexafluoride Approximately 1,693 acres (685 impacts include: traffic impacts on-site, hectares) of land (1,102 acres (446 at key local intersections and on some AGENCY: Department of Energy. hectares) of dry land and 591 acres (239 roadway and freeway segments under ACTION: Notice of availability. hectares) of submerged land) are all alternatives; traffic impacts on the available for disposal and are the focus Webster/Posey Tubes under the Reuse SUMMARY: The Department of Energy of this DEIS. NAS Alameda was Plan Alternative; and air quality impacts (DOE) announces the availability of the operationally closed on April 30, 1997 at two local intersections under the Final Programmatic Environmental and FISC Alameda Annex and Facility Reuse Plan, Seaport, and Residential Impact Statement (PEIS) for Alternative (FISC Alameda) was operationally Alternatives where carbon monoxide Strategies for the Long-Term closed on September 30, 1998. concentrations would exceed Federal Management and Use of Depleted Approximately 969 acres (392 hectares) and State standards. The two significant Uranium Hexafluoride (DOE/EIS–0269). of the total 2,662 acres (1,076 hectares) impacts that cannot be mitigated are This Final PEIS, prepared pursuant to of dry and submerged land at NAS visual impacts from cargo cranes and the National Environmental Policy Act Alameda and FISC Alameda are being port facilities under the Seaport (NEPA), assesses the potential transferred to other Federal agencies. Alternative that would disrupt existing environmental impacts of reasonable The DEIS evaluates four reuse views, and increased predation of the alternatives to manage DOE’s nearly alternatives: the Reuse Plan (Preferred endangered California least tern under 700,000 metric tons of depleted Alternative), Seaport Alternative, the Seaport and Residential uranium hexafluoride (UF6) stored in Residential Alternative and Reduced Alternatives. The DEIS has been 57,634 steel cylinders at the East Density Alternative. A fifth alternative, distributed to affected Federal, State and Tennessee Technology Park (formerly no action, assumes no disposal of local agencies and other interested known as the K–25 facility) on the Oak property and retention of the property parties. In addition, copies of the DEIS Ridge Reservation, and the gaseous by Navy in caretaker status. Under the are available for review at the Alameda diffusion plant sites at Portsmouth, No Action Alternative, the operation of Public Library (Main Library, West End Ohio, and Paducah, Kentucky. The Miller Elementary School at NAS Branch and Bay Farm Island Branch) Final PEIS also includes analyses of the Alameda would continue through an and the Oakland Public Library (Main impacts of an additional 11,212 existing lease agreement. All other Library and Eastmont Branch). cylinders recently transferred to DOE current leases of NAS Alameda property A public hearing will be held to from the United States Enrichment to the Alameda Reuse and inform the public of the DEIS findings Corporation under two recent Redevelopment Authority (ARRA) and and to solicit and receive oral and memoranda of agreement. FISC Alameda property to the City of written comments. The hearing will be The management strategies Alameda would continue until their held at 7:00 p.m. on May 18, 1999, at considered in the Final PEIS include expiration. the Alameda High School, Little continuation of depleted UF6 storage at
VerDate 26-APR-99 11:10 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\A29AP3.136 pfrm03 PsN: 29APN1 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Notices 23059 the current locations, two long-term high purity and density, as well as the Issued in Washington, D.C. April 16, 1999. storage alternatives (one as UF6 and one large volume (nearly 700,000 metric William D. Magwood, IV, as an oxide, after conversion) at a tons) in storage, made it appropriate to Director, Office of Nuclear Energy, Science consolidated location, two alternatives evaluate, analyze, and decide the long- and Technology. to convert and use the material (one as term management of this material [FR Doc. 99–10764 Filed 4–28–99; 8:45 am] uranium oxide and one as uranium separately from other DOE materials in BILLING CODE 6450±01±P metal), and a disposal alternative. storage or awaiting disposition. DOE has identified a preferred The purpose of this PEIS was to assess alternative in the Final PEIS. DOE’s and consider the potential DEPARTMENT OF ENERGY preferred alternative for the long-term environmental impacts of a range of management and use of depleted UF6 is reasonable alternative strategies for the Federal Energy Regulatory to begin conversion of the UF6 inventory long-term management and use of Commission as soon as possible, either to uranium depleted UF6 currently stored at sites oxide, uranium metal, or a combination near Paducah, Kentucky; Portsmouth, [Docket No. CP98±6±003] of both, while allowing for future use of Ohio; and Oak Ridge, Tennessee. The as much of this inventory as possible. Final PEIS addresses the potential Dauphin Island Gathering Partners; The preferred alternative in the Final environmental impacts of the activities Notice of Proposed Changes in FERC PEIS was revised based in part on for each strategy. Gas Tariff public comments on the Draft PEIS. The During February 1996, public scoping Record of Decision, to be issued no meetings were held in Paducah, April 23, 1999. sooner than 30 days after the Piketon, and Oak Ridge. The Draft PEIS Environmental Protection Agency’s incorporates the public comments Take notice that on March 25, 1999, Notice of Availability of the Final PEIS, received during the scoping period. Dauphin Island Gathering Partners will identify DOE’s decision for the During February and March 1998, (DIGP) tendered for filing as part of its long-term management and use of public hearings on the draft PEIS were FERC Gas Tariff, First Revised Volume No. 1, the tariff sheets listed on depleted UF6. held in Paducah, Kentucky; Piketon, Appendix A to that filing to become ADDRESSES: Copies of this Final PEIS are Ohio; Oak Ridge, Tennessee; and available at the Office of Environment, Washington, DC. All comments effective March 16, 1999. The tariff Safety and Health National submitted by the public were sheets implement the first Revised Environmental Policy Act home page at considered by DOE in preparing the Volume no. 1 of DIGP’s FERC Gas Tariff, http://www.eh.doe.gov/nepa, or on the Final PEIS. with the exception of rate sheets Office of Nuclear Energy, Science and The Final PEIS and related documents previously filed on March 15, 1999. Technology home page at http:// prepared by DOE are available for DIGP states the filing is in compliance www.ne.doe.gov. You may request review at the following locations: with the Commission’s Order issued February 13, 1998. copies of this Final PEIS by calling the Kentucky toll-free number 1–800–517–3191, by Further, DIGP proposes a change to faxing requests to (301) 903–4905, or by U.S. Department of Energy, Section 21.2 of its tariff provisions to mailing them to: Scott Harlow, Depleted Environmental Information Center, limit the annual maintenance allocation Uranium Hexafluoride Program, Office 175 Freedom Boulevard, Kevil, KY to no more than 48 hours per calendar of Nuclear Energy, Science and 42053, (502) 462–2550 month. Technology (NE), U.S. Department of Ohio DIGP states that copies of this filing Energy, 19901 Germantown Road, U.S. Department of Energy, are being served on all affected Germantown, MD 20874. You may also Environmental Information Center, customers and applicable state request copies of this Final PEIS via the 3930 U.S. Route 23, Piketon, OH regulatory agencies. Depleted Uranium Hexafluoride home 45661, (740) 289–3317 page at http://www.ead.anl.gov/ Any person desiring to be heard or to uranium.html, or via electronic mail to: Tennessee protest said filing should file a motion to intervene or protest with the Federal [email protected]. U.S. Department of Energy, Information Energy Regulatory Commission, 888 FOR FURTHER INFORMATION CONTACT: For Resource Center, 105 Broadway First Street, N.E., Washington, D.C. general information on the DOE NEPA Avenue, Oak Ridge, TN 37830, (423) 20426, in accordance with Sections process, please contact: Carol 241–4582; and, U.S. Department of 385.214 of 385.211 of the Commission’s Borgstrom, Director, Office of NEPA Energy, Public Reading Room, Policy and Assistance, Office of Building 1916–T2, Suite 300, 230 Rules and Regulations. All such motions Environment, Safety and Health, U.S. Warehouse Road, Oak Ridge, or protests must be filed no later than Department of Energy, 1000 Tennessee 37830 April 30, 1999 in accordance with Independence Avenue, S.W., Section 154.210 of the Commission’s Washington, DC 20545, (202) 586–4600 Washington, DC Regulations. Protests will be considered or 1–800–472–2756. U.S. Department of Energy, Freedom of by the Commission in determining the SUPPLEMENTARY INFORMATION: Information Reading Room, Room 1E– appropriate action to be taken, but will 190, 1000 Independence Avenue, not serve to make protestants parties to Background S.W., Washington, DC 20585, (202) the proceeding. Any person wishing to On January 25, 1996, DOE issued a 586–3142 become a party must file a motion to Notice of Intent (61 FR 2239) to prepare intervene. Copies of this filing are on a programmatic environmental impact Subsequent Document Preparation file with the Commission and are statement on alternative strategies for Following issuance of the Final PEIS available for public inspection in the the long-term management and use of and Record of Decision, DOE will Public Reference Room. This filing may depleted UF6. The unique properties prepare additional project-specific also be viewed on the web at http:// and value of depleted UF6, such as its NEPA documents as appropriate. www.ferc. fed.us/online/rims.htm
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(please call (202) 208–2222 for (Frontier), c/o Reid & Priest, Market Part 365 of the Commission’s assistance). Square, 701 Pennsylvania Ave., NW, Regulations. David P. Boergers, Suite 800, Washington, DC 20004, in Applicant is a Connecticut statutory Secretary. compliance with provisions of the trust which was formed for the benefit [FR Doc. 99–10651 Filed 4–28–99; 8:45 am] Commission’s February 13, 1985, Order of Steam Heat LLC, a Delaware limited in Docket No. CP82–487–000, et al. and liability company, to purchase from BILLING CODE 6717±01±M the Commission’s April 2, 1999 ORDER Geysers Power Company LLC (Geysers ADDRESSING COMPLIANCE FILING Power) and hold legal title to the DEPARTMENT OF ENERGY AND PROTESTS (87 FERC ¶ 61,015) Geysers geothermal generating facilities, (1999) in Docket No. CP85–221–105, fifteen geothermal power electric Federal Energy Regulatory resubmitted an executed Service generating plants totaling approximately Commission Agreement, dated May 8, 1998 under 766 MW, and to lease the Geysers Rate Schedule LVS–1, that was geothermal generating facilities to [Docket No. MT99±7±001] previously filed May 12, 1998, together Geysers Power under a long-term lease. with an addendum to such Service Applicant states that fourteen of these Destin Pipeline Company, L.L.C., Agreement which states the sales price generating facilities were part of Pacific Notice of Tariff Filing of the gas to be sold to Prairielands Gas and Electric Company’s integrated April 23, 1999. Energy Marketing, Inc. system. Therefore, a rate or charge in Take notice that on April 19, 1999, Any person desiring to be heard or to connection with these generating Destin Pipeline Company, L.L.C. make a protest with reference to said facilities was in effect under the laws of (Destin) tendered for filing to become filing should, within 10 days of the California on October 24, 1992. On part of its FERC Gas Tariff, Original publication of such notice in the April 6, 1999, the Public Utilities Volume No. 1, Substitute Second Federal Register, file with the Federal Commission of the State of California Revised Sheet No. 123, to become Energy Regulatory Commission, 888 (CPUC) mailed a final Opinion Granting effective on May 1, 1999. First Street, NE, Washington, DC 20426, Requested Authorization, D.99–04–026, Destin states that the purpose of this a motion to intervene or protest in which concluded that allowing these filing is to correct a pagination error in accordance with the requirements of the facilities to be an exempt wholesale Destin’s March 30, 1999, filing. Commission’s Rules of Practice and generator within the meaning of PUCHA Any person desiring to protest this Procedures, 18 CFR 385.214 or 385.211. would benefit consumers, would be in Protests will be considered by the filing should file a protest with the the public interest, and would not Commission in determining the Federal Energy Regulatory Commission, violate California law. Applicant appropriate action to be taken, but will 888 First Street, NE, Washington, DC attached a copy of the CPUC D.99–04– not serve to make protestants parties to 20426, in accordance with Section 026 to its application. the proceeding. Any person wishing to 385.211 of the Commission’s Rules and Applicant further states that copies of become a party to a proceeding or to Regulations. All such protests must be the application were served upon the participate as a party in any hearing filed as provided in Section 154.210 of California Independent System Operator therein must file a motion to intervene the Commission’s Regulations. Protests Corporation, the California Power in accordance with the Commission’s will be considered by the Commission Exchange Corporation, the Securities Rules. Copies of this filing are on file and Exchange Commission, and the in determining the appropriate action to with the Commission and are available be taken, but will not serve to make CPUC. for public inspection. This filing may be Any person desiring to be heard protestants parties to the proceedings. viewed on the web at http:// Copies of this filing are on file with the concerning the application for exempt www.ferc.fed.us/online/rims.htm (call wholesale generator status should file a Commission and are available for public 202–208–2222 for assistance). inspection in the Public Reference motion to intervene or comments with David P. Boergers, Room. This filing may be viewed on the the Federal Energy Regulatory web at http://www.ferc.fed.us/online/ Secretary. Commission, 888 First Street, NE, rims.htm (call 202–208–2222 for [FR Doc. 99–10650 Filed 4–28–99; 8:45 am] Washington, DC 20426, in accordance assistance). BILLING CODE 6717±01±M with Rules 211 and 214 of the David P. Boergers, Commission’s Rules of Practice and Procedure (18 CFR 385.211 and Secretary. DEPARTMENT OF ENERGY 385.214). The Commission will limit its [FR Doc. 99–10656 Filed 4–28–99; 8:45 am] consideration of comments to those that BILLING CODE 6717±01±M Federal Energy Regulatory concern the adequacy or accuracy of the Commission application. All such motions and [Docket No. EG99±120±000] comments should be filed on or before DEPARTMENT OF ENERGY May 4, 1999, and must be served on the Geysers Statutory Trust; Notice of Federal Energy Regulatory applicant. Any person wishing to Application for Commission Commission become a party must file a motion to Determination of Exempt Wholesale intervene. Copies of this filing are on [Docket No. CP85±221±109] Generator Status and Request for file with the Commission and are Expedited Consideration available for public inspection or on the Frontier Gas Storage Company; Notice Internet at http://www.ferc.fed.us/ of Sale Pursuant to Settlement April 23, 1999. Take notice that on April 22, 1999, online/rims.htm. (please call (202) 208– Agreement in Compliance With 2222 for assistance). Commission Order Geysers Statutory Trust (Applicant) filed with the Federal Energy Regulatory David P. Boergers, April 23, 1999. Commission (Commission) an Secretary. Take notice that on April 21, 1999, application for determination of exempt [FR Doc. 99–10653 Filed 4–28–99; 8:45 am] Frontier Gas Storage Company wholesale generator status pursuant to BILLING CODE 6717±01±M
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DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY
Federal Energy Regulatory Federal Energy Regulatory Federal Energy Regulatory Commission Commission Commission [Docket No. CP99±328±000] [Docket No. RP99±280±001] [Docket No. EL95±71±002] Sabine Pipe Line Company; Notice of Mid Louisiana Gas Company; Notice of Public Service Company of New Request Under Blanket Authorization Proposed Changes In FERC Gas Tariff Hampshire v. New Hampshire Electric Cooperative, Inc.; Notice of April 23, 1999. April 23, 1999. Amendment to Refund Report Take notice that on April 20, 1999, Sabine Pipe Line Company (Sabine), Take notice that on April 12, 1999, April 23, 1999. P.O. Box 4781, Houston, Texas 77210– Mid Louisiana Gas Company (Mid Take notice that on April 12, 1999, 4781, filed in Docket No. CP99–328–000 Louisiana) tendered for filing to become the Public Service Company of New a request pursuant to Sections 157.205 part of its FERC Gas Tariff, Third Hampshire tendered for filing an and 157.211 of the Commission’s Revised Volume No. 1, the following Amendment to Refund Report in the Regulations under the Natural Gas Act tariff sheet, with an effective date of above captioned matter. On October 6, (18 CFR 157.205, 157.211) for May 10, 1999: 1998, the Commission ordered Public authorization to install and operate two Fourth Revised Sheet No. 157 Service Company of New Hampshire sales taps under its blanket certificate to (PSNH) to recalculate bills and to refund deliver gas to Equilon Enterprises LLC Mid Louisiana states that the purpose with interest certain charges it had (Equilon), under Sabine’s banket of this filing is to comply with made to the New Hampshire Electric certificate issued in Docket No. CP83– Commission regulations (18 CFR Cooperative, Inc. and to file a refund 199–000, pursuant to Section 7 of the 375.307(e)(4)) and to correct a report with the Commission (85 FERC Natural Gas Act, all as more fully set pagination error on Sheet 157 as ¶ 61,044). PSNH filed its refund report forth in the request that is on file with originally submitted in this proceeding. on October 26, 1998. By letter dated the Commission and open to public This repaginated sheet references March 12, 1998, the Commission’s inspection. This filing may be viewed provisions which incorporate GISB Division of Rate Applications requested on the web at http://www.ferc.fed.us/ online/rims.htm (call 202–208–2222 for Standard 1.3.32 as adopted by the additional information from PSNH assistance). Commission in Docket RM96–1–008. regarding its Amended Refund Report filed on January 13, 1999. PSNH The sales taps will connect Sabine’s Mid Louisiana requests that the provided that explanation by a letter 22-inch mainline to Equilon’s crude Commission grant a waiver of the filing addressed to the Secretary of the pump stations in Vermilion and deadline as stipulated in the Order Commission on April 9, 1999. Calcasieu Parishes, Louisiana. The taps thereby allowing the indicated tariff Copies of this filing were served upon will be located in Section 17, Township sheet(s) be accepted to be effective May the New Hampshire Electric 12 South, Range 1 East in Vermilion 10, 1999. Cooperative, Inc., Bio Energy Parish, Louisiana, and Section 3, Township 11 South, Range 7 West in Any person desiring to protest this Corporation and the Executive Director and Secretary of the New Hampshire Calcasieu Parish, Louisiana. filing should file a protest with the Sabine states that it will construct and Public Utilities Commission. Federal Energy Regulatory Commission, be reimbursed for the connections, Any person desiring to be heard or to 888 First Street, N.E., Washington, D.C. including meter stations and protest such filing should file a motion 20426, in accordance with Section approximately 150 feet of 4-inch to intervene or protest with the Federal 385.211 of the Commission’s Rules and pipeline, that will connect Equilon’s Energy Regulatory Commission, 888 Regulations. All such protests must be facilities and Sabine’s existing mainline First Street, NE., Washington, DC 20426, filed as provided in Section 154.210 of piping. Sabine states that it will own in accordance with Rules 211 and 214 the Commission’s Regulations. Protests and operate instrumentation and of the Commission’s Rules of Practice will be considered by the Commission telemetry for flow control, the control and Procedure (18 CFR 385.211 and in determining the appropriate action to valve assemblies and the connections to 385.214). All such motions and protests be taken, but will not serve to make Sabine’s mainline pipling. Sabine states should be filed on or before May 3, protestants parties to the proceedings. that Equilon will own and operate 1999. Protests will be considered by the Copies of this filing are on file with the facilities downstream of the Commission to determine the measurement and flow control stations. Commission and are available for public appropriate action to be taken, but will Sabine states that the maximum inspection in the Public Reference not serve to make protestants parties to quantity of gas that will be delivered Room. This filing may be viewed on the the proceedings. Any person wishing to through each of the proposed taps is web at http://www.ferc.fed.us/online/ become a party must file a motion to 4,000 Dth per day. Sabine also states rims.htm (call 202–208–2222 for intervene. Copies of this filing are on that the proposed delivery points will assistance). file with the Commission and are be available to all existing and potential David P. Boergers, available for public inspection. This shippers receiving service under filing may also be viewed on the Secretary. Sabine’s FT–1 and IT–1 rate schedules Internet at http://www.ferc.fed.us/ [FR Doc. 99–10659 Filed 4–28–99; 8:45 am] set forth in Sabine’s FERC Gas Tariff. online/rims.htm (call 202–208–2222 for BILLING CODE 6717±01±M The estimated cost to construct each assistance). sales tap is $85,000. David P. Boergers, Any person or the Commission’s staff Secretary. may, within 45 days after issuance of [FR Doc. 99–10655 Filed 4–28–99; 8:45 am] the instant notice by the Commission, BILLING CODE 6717±01±M file pursuant to Rule 214 of the
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Commission’s Procedural Rules (18 CFR within the meaning of PUHCA would Any person desiring to protest said 385.214) a motion to intervene or notice benefit consumers, would be in the filing should file a protest with the of intervention and pursuant to Section public interest, and would not violate Federal Energy Regulatory Commission, 157.205 of the Regulations under the California law. Applicant attached a 888 First Street, NE, Washington, DC Natural Gas Act (18 CFR 157.205) a copy of the CPUC D.99–04–026 to its 20426, in accordance with Sections protest to the request. If no protest is application. 385.214 and 385.211 of the filed within the time allowed therefor, Applicant further states that copies of Commission’s Rules and Regulations. the proposed activity shall be deemed to he application were served upon the All such protests must be filed on or be authorized effective the day after the California Independent System Operator before May 4, 1999. Protests will be time allowed for filing a protest. If a Corporation, the California Power considered by the Commission in protest is filed and not withdrawn Exchange Corporation, the Securities determining the appropriate action to be within 30 days after the time allowed and Exchange Commission, and the taken, but will not serve to make for filing a protest, the instant request CPUC. protestants parties to the proceeding. shall be treated as an application for Any person desiring to be heard Copies of this filing are on file with the authorization pursuant to Section 7 of concerning the application for exempt Commission and are available for public the Natural Gas Act. wholesale generator status should file a inspection in the Public Reference David P. Boergers, motion to intervene or comments with Room. This filing may be viewed on the Secretary. the Federal Energy Regulatory web at http://www.ferc.fed.us/online/ Commission, 888 First Street, NE, [FR Doc. 99–10652 Filed 4–28–99; 8:45 am] rims.htm (call 202–208–2222 for Washington, DC 20426, in accordance assistance). BILLING CODE 6717±01±M with Rules 211 and 214 of the David P. Boergers, Commission’s Rules of Practice and Secretary. DEPARTMENT OF ENERGY Procedure (18 CFR 385.211 and 385.214). The Commission will limit its [FR Doc. 99–10657 Filed 4–28–99; 8:45 am] Federal Energy Regulatory consideration of comments to those that BILLING CODE 6717±01±M Commission concern the adequacy or accuracy of the application. All such motions and [Docket No. EG99±121±000] comments should be filed on or before DEPARTMENT OF ENERGY Steam Heat LLC, Notice of Application May 4, 1999, and must be served on the Federal Energy Regulatory for Commission Determination of applicant. Any person wishing to Commission Exempt Wholesale Generator Status become a party must file a motion to intervene. Copies of this filing are on and Request for Expedited [Docket No. ER99±1886±000, et al.] Consideration file with the Commission and are available for public inspection or on the Virginia Electric and Power Company, April 23, 1999. Internet at http://www.ferc.fed.us/ et al.; Electric Rate and Corporate Take notice that on April 22, 1999, online/rims/htm (please call (202) 208– Regulation Filings Steam Heat LLC (Applicant) filed with 2222 for assistance). the Federal Energy Regulatory David P. Boergers, April 22, 1999. Commission (Commission) an Secretary. Take notice that the following filings application for determination of exempt [FR Doc. 99–10654 Filed 4–28–99; 8:45 am] have been made with the Commission: wholesale generator status pursuant to BILLING CODE 6717±01±M Part 365 of the Commission’s 1. Virginia Electric and Power Regulations. Company Applicant is a Delaware limited DEPARTMENT OF ENERGY [Docket No. ER99–1886–000] liability company formed to hold the beneficial ownership interest in Geysers Federal Energy Regulatory Take notice that on April 20, 1999, Statutory Trust, a Connecticut statutory Commission Virginia Electric and Power Company trust that was formed to purchase from (Virginia Power), tendered for filing a [Docket No. GT99±18±000] Geysers Power Company, LLC (Geysers refund report to amend its February 22, Power) and hold legal title to the 1999, filing of a Service Agreement for Transcontinental Gas Pipe Line Long Term Firm Point-to-Point Geysers geothermal generating facilities, Corporation; Notice of Refund Report fifteen geothermal power electric Transmission Service with The generating plants totaling approximately April 23, 1999. Wholesale Power Group under the Open 766 MW, and to lease the Geysers Take notice that on April 13, 1999, Access Transmission Tariff to Eligible geothermal generating facilities to Transcontinental Gas Pipe Line Purchasers dated July 14, 1997. Under Geysers Power under a long-term lease. Corporation (Transco) filed a report the tendered Refund Report, Virginia Applicant states that fourteen of these reflecting the flow through of refund Power demonstrated the process by generating facilities were part of Pacific received from CNG Transmission which the Company refunded the time Gas and Electric Company’s integrated Corporation (CNG). value of money collected for the system. Therefore, a rate or charge in On April 2, 1999, in accordance with respective service from the date of connection with these facilities was in Section 4 of its Rate Schedule LSS and receipt of the funds until 60 days after effect under the laws of California on Section 3 of its Rate Schedule GSS, the filing. October 24, 1992. On April 6, 1999, the Transco states that it refunded to its LSS Virginia Power requests an effective Public Utilities Commission of the State and GSS customers $797,567.00 date of April 20, 1999. of California (CPUC) mailed a final resulting from the final refund of CNG Copies of the filing were served upon Opinion Granting Requested Transmission Corporation Docket No. The Wholesale Power Group, the Authorization, D.99–04–026, which RP97–406, et al. The refund covers the Virginia State Corporation Commission concluded that allowing these facilities period from January 1998 to December and the North Carolina Utilities to be an exempt wholesale generator 1998. Commission.
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Comment date: May 10, 1999, in Federal Energy Regulatory Commission 8. PP&L, Inc. accordance with Standard Paragraph E an amendment to its original filing in [Docket No. ER99–2535–000] at the end of this notice. the above referenced docket. The Take notice that on April 20, 1999, original filing, and this amendment, 2. Montaup Electric Company PP&L, Inc. (PP&L), tendered for filing an pertain to unexecuted Network Interconnection Agreement and [Docket Nos. ER97–4691–001 and ER98–861– Integration Transmission Service Addendum to Interconnection 0010] Agreements and Network Operating Agreement between PP&L and Cinergy Take notice that on April 2, 1999, Agreements with Golden Sunlight Montaup Electric Company filed a Capital & Trading, Inc. Mines, Inc. (Golden Sunlight), Cenex PP&L also requests waiver of the compliance refund report, as directed by Harvest States Cooperatives (Cenex), notice provisions necessary to permit the Commission’s letter order approving Illinova Energy Partners, Inc. (Illinova), the Interconnection Agreement and the settlement issued March 6, 1998, in the and Energy West Resources, Inc. (Energy Addendum to be made effective as of above-docketed proceedings. West), Ash Grove Cement Company April 21, 1999, a date one day after the Comment date: May 12, 1999, in (Ash Grove), and Montana Refining date of filing. accordance with Standard Paragraph E Company (Montana Refining) under Comment date: May 10, 1999, in at the end of this notice. Montana’s FERC Electric Tariff, Fourth accordance with Standard Paragraph E 3. Cleco Energy LLC, Northwest Natural Revised Volume No. 5 (Open Access at the end of this notice. Gas Company, Wolverine Power Transmission Tariff). 9. Southern Company Services, Inc. Supply Corporative, Inc., Northeast A copy of the filing was served upon Energy Services, Inc., Equitable Power Golden Sunlight, Cenex, Illinova, [Docket No. ER99–2536–000] Services Co., Oceanside Energy, Inc., Energy West, Ash Grove and Montana Take notice that on April 20, 1999, Rocky Mountain Natural Gas & Electric Refining. Southern Company Services, Inc. (SCS), LLC Comment date: May 10, 1999, in acting on behalf of Alabama Power Company, Georgia Power Company, [Docket Nos. ER98–1170–003, ER97–683– accordance with Standard Paragraph E 004, ER98–411–008, ER97–4347–006, ER94– at the end of this notice. Gulf Power Company, Mississippi 1539–020, ER97–181–005, and ER98–3108– Power Company (MPC), and Savannah 002] 6. FirstEnergy Trading Services, Inc. Electric and Power Company (collectively referred to as Southern Take notice that on April 19, 1999, [Docket No. ER99–2516–000] the above-mentioned power marketers Company), tendered for filing a service filed quarterly reports with the Take notice that on April 16, 1999, agreement for network integration Commission in the above-mentioned FirstEnergy Trading Services, Inc. transmission service between SCS, as proceedings for information only. These (FirstEnergy Trading), tendered for agent for Southern Company, and filings are available for public filing a Notice of Succession to Rate Southern Wholesale Energy (SWE), a inspection and copying in the Public Schedule FERC No. 1—Market-Based Department of SCS, as agent for MPC, Reference Room or on the web at Rate Schedule, and Supplement No. 1, under the Open Access Transmission www.ferc.fed.us/online/rims.htm for to Rate Schedule FERC No. 1—Code of Tariff of Southern Company. viewing and downloading (call 202– Conduct, of FirstEnergy Trading & Comment date: May 10, 1999, in 208–2222 for assistance). Power Marketing, Inc. FirstEnergy accordance with Standard Paragraph E Trading also notified the FERC that it at the end of this notice. 4. Merrill Lynch Capital Services, Inc., had become affiliated with a fully- 10. Navitas, Inc. PacifiCorp, Union Electric Development integrated natural gas company. Corporation, DePere Energy Marketing, [Docket No. ER99–2537–000] FirstEnergy Trading has asked that the Inc., PEC Energy Marketing, Inc., Notice of Succession be permitted to Take notice that on April 20, 1999, SkyGen Energy Marketing LLC, Stand become effective on May 1, 1999. Navitas, Inc. (Navitas), petitioned the Energy Corporation Commission for acceptance of Navitas Comment date: May 6, 1999, in Rate Schedule FERC No. 1; the granting [Docket Nos. ER99–830–003, ER97–3926– accordance with Standard Paragraph E 002, ER97–3927–002, ER97–3928–002, of certain blanket approvals, including ER97–3929–002, ER97–3930–002, ER97– at the end of this notice. the authority to sell electricity at 3931–002, ER97–3663–007, ER97–1432–008, 7. PacifiCorp market-based rates; and the waiver of ER97–1431–008, ER99–972–001, and ER95– certain Commission Regulations. 362–017] [Docket No. ER99–2534–000] Navitas intends to engage in Take notice that on April 20, 1999, Take notice that on April 20, 1999, wholesale electric power and energy the above-mentioned power marketers PacifiCorp tendered for filing in purchases and sales as a marketer. filed quarterly reports with the accordance with 18 CFR 35 of the Navitas may also engage in other Commission in the above-mentioned Commission’s Rules and Regulations, nonjurisdictional activities, such as proceedings for information only. These Mutual Netting/Closeout Agreements facilitating the purchase and sale of filings are available for public between PacifiCorp and Modesto wholesale energy without taking title to inspection and copying in the Public Irrigation District, Puget Sound Energy, the electricity, selling electricity to retail Reference Room or on the web at and Public Utility District No. 1 of customers in states in which retail www.ferc.fed.us/online/rims.htm for Snohomish County, Washington. electric power competition has been viewing and downloading (call 202– implemented, and arranging services in 208–2222 for assistance). Copies of this filing were supplied the related areas such as transmission and Washington Utilities and Transportation fuel supplies. Navitas is not in the 5. The Montana Power Company Commission and the Public Utility business of generating or transmitting [Docket No. ER99–2370–000] Commission of Oregon. electric power. Navitas is a wholly- Take notice that on April 20, 1999, Comment date: May 10, 1999, in owned subsidiary of Northern The Montana Power Company accordance with Standard Paragraph E Alternative Energy, Inc., which through (Montana), tendered for filing with the at the end of this notice. its affiliates, develops wind-driven
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ER99–2547–000 and [ER99– [Docket No. ER99–2538–000] [Docket No. ER99–2541–000] 2549–000] Take notice that on April 20, 1999, Take notice that on April 19, 1999, PacifiCorp, tendered for filing in Carthage Energy, LLC (Carthage Energy), Take notice that on April 19, 1999, accordance with 18 CFR 35 of the tendered for filing with the Federal the above-mentioned public utilities Commission’s Rules and Regulations, an Energy Regulatory Commission Carthage filed their quarterly transaction report umbrella Service Agreement with Salt Energy’s Electric Power Sales Tariff, for the first quarter ending March 31, River Project Agricultural Improvement FERC Electric Rate Schedule No. 1, 1999. and Power District under PacifiCorp’s which permits Carthage Energy to make Comment date: May 10, 1999, in FERC Electric Tariff, First Revised wholesale power sales at market-based accordance with Standard Paragraph E Volume No. 12. rates. at the end of this notice. PacifiCorp requests, pursuant to 18 Carthage Energy requests an effective CFR 35.11 of the Commission’s Rules date of April 20, 1999. 18. Kincaid Generation L.L.C. Ameren and Regulations, that a waiver of prior Notice of said filing has been served Services Company, Pacific Northwest notice be granted and that the upon the New York State Public Service Generating Cooperative Commission accept for filing the Commission. [Docket Nos. ER99–2548–000 ER99–2550– enclosed Service Agreements and assign Any person desiring to be heard or to 000 and ER99–2551–000] an effective date of April 21, 1999. protest such filing Copies of this filing were supplied to Comment date: May 7, 1999, in Take notice that on April 20, 1999, the Public Utility Commission of accordance with Standard Paragraph E the above-mentioned public utilities Oregon and the Washington Utilities at the end of this notice. filed their quarterly transaction report and Transportation Commission. for the first quarter ending March 31, 15. Vermont Yankee Nuclear Power Comment date: May 10, 1999, in 1999. Corporation accordance with Standard Paragraph E Comment date: May 12, 1999, in at the end of this notice. [Docket No. ER99–2542–000] accordance with Standard Paragraph E 12. Commonwealth Edison Company Take notice that on April 19, 1999, at the end of this notice. Vermont Yankee Nuclear Power [Docket No. ER99–2539–000] Corporation (Vermont Yankee), Standard Paragraphs Take notice that on April 20, 1999, tendered for filing a proposed Commonwealth Edison Company modification to its wholesale electric E. Any person desiring to be heard or (ComEd), tendered for filing two revised rates to reduce the annual expense to protest such filing should file a Firm Service Agreements with allowance for post-retirement benefits motion to intervene or protest with the Commonwealth Edison Company, in its other than pensions. Federal Energy Regulatory Commission, wholesale merchant function, (WMD), Comment date: May 7, 1999, in 888 First Street, N.E., Washington, D.C. under the terms of ComEd’s Open accordance with Standard Paragraph E 20426, in accordance with Rules 211 Access Transmission Tariff (OATT). at the end of this notice. and 214 of the Commission’s Rules of ComEd requests an effective date of Practice and Procedure (18 CFR 385.211 16. PacifiCorp March 22, 1999, for the revised service and 385.214). All such motions or agreements, and accordingly, seeks [Docket No. ER99–2543–000] protests should be filed on or before the waiver of the Commission’s notice Take notice that on April 20, 1999, comment date. Protests will be requirements. PacifiCorp tendered for filing in considered by the Commission in Copies of this filing were served on accordance with 18 CFR 35 of the determining the appropriate action to be WMD. Commission’s Rules and Regulations, taken, but will not serve to make Comment date: May 10, 1999, in Non-Firm and Short-Term Firm Point- protestants parties to the proceeding. accordance with Standard Paragraph E To-Point Transmission Service Any person wishing to become a party at the end of this notice. Agreements with (DukeSolutions) and must file a motion to intervene. Copies 13. Full Power Corporation Western Area Power Administration of these filings are on file with the (WAPA) and Utah Municipal Power Commission and are available for public [Docket No. ER99–2540–000] Agency. (UMPA) under PacifiCorp’s inspection. This filing may also be Take notice that on April 19, 1999, FERC Electric Tariff, First Revised viewed on the Internet at http:// Full Power Corporation tendered for Volume No. 11. www.ferc.fed.us/online/rims.htm (call filing pursuant to Rule 207 of the PacifiCorp requests pursuant to 18 202–208–2222 for assistance). Commission’s Rules of Practice and CFR 35.11 of the Commission’s Rules Procedure, 18 CFR 385.207, an and Regulations, that a waiver of prior David P. Boergers, application for waivers and blanket notice be granted and that an effective Secretary. approvals under various regulations of date of April 21, 1999, be assigned to [FR Doc. 99–10681 Filed 4–28–99; 8:45 am] the Commission, and an order accepting the enclosed Service Agreements. BILLING CODE 6717±01±P its Rate Schedule No. 1, to be effective Copies of this filing were supplied to June 18, 1999, or the date that the the Washington Utilities and Commission issues an order in this Transportation Commission and the proceeding, whichever is earlier. Full Public Utility Commission of Oregon.
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DEPARTMENT OF ENERGY System. QST would seek to negotiate a California; 2 sites in Arizona; 1 site in Utah; mutually acceptable agreement. 1 site in New Mexico); and Federal Energy Regulatory However, if the project is approved by • Construction of 9 new meter stations, Commission the FERC, that approval conveys with it about 50 new block valves and related appurtenant facilities. [FERC Docket Nos. CP99±163±000 CA State the right of eminent domain. Therefore, Clearinghouse No. 99041103 CSLC EIR No. if easement negotiations fail to produce The general locations of the facilities 696] an agreement, QST could initiate proposed by QST are shown in condemnation proceedings in appendix 3. A detailed listing of the California State Lands Commission; accordance with state law. A fact sheet facilities is presented in table 1. Questar Southern Trails Pipeline addressing a number of typically-asked Company; Notice of Intent/Preparation questions, including the use of eminent Land Requirements for Construction to Prepare a Joint Environmental domain, is attached to this notice as Impact Statement/Report for the appendix 2. QST proposes to build its new Proposed Questar Southern Trails pipeline extensions, reroutes, and Summary of the Proposed Facilities Pipeline Project, Request for replacement segments in construction Comments on Environmental Issues, QST acquired Four Corners Line 90 rights-of-way ranging from 24 to 60 feet and Notice of Public Scoping Meetings and portions of Line 91 and 92 from wide. After construction, 0 to 60 feet of and Route Inspection ARCO Pipeline Company. This existing new right-of-way would be maintained crude oil pipeline network extends from as permanent easement. Specific widths April 26, 1999. the Four Corners area of New Mexico, of the rights-of-way would vary, The staffs of the Federal Energy into southern Utah, and across Arizona depending on the proposed pipeline Regulatory Commission (FERC) and the to Long Beach, California. Southern diameter for each location. The California State Lands Commission Trails requests FERC authorization to extensions would be built generally (CSLC) will jointly prepare an convert the existing pipeline from crude parallel and adjacent to existing environmental impact statement/report oil to natural gas service, and to operate pipelines, using as much of the existing (EIS/EIR) that will analyze and present these pipeline and additional rights-of-way as possible during the environmental impacts of the compression facilities as a new natural construction. Of the seven compressor construction and operation of facilities gas transmission system. QST proposes stations to be constructed, only the one proposed in Questar Southern Trails to construct five new pipeline proposed for a new site (in Mohave Pipeline Company’s (QST) Southern extensions and interconnects, realign/ Valley, Arizona) would require Trails Pipeline Project.1 The FERC will reroute five existing pipeline segments, additional acreage (1.7 acres). The other use this EIS/EIR in its decision-making replace a number of short segments of six compressor stations would be process, i.e., whether or not to issue a existing pipeline, and construct seven located on existing oil pump station Certificate of Public Convenience and compressor stations. The conversion sites. Necessity for the proposed project. The and construction of these facilities Additional temporary work space may CSLC will use the document to consider would enable QST to transport 80 to 90 be required at river, road, or railroad QST’s application for leasing the State’s million cubic feet of natural gas per day crossings, or where similar obstacles are Sovereign and School Lands for the (MMcfd) to customers in New Mexico encountered. QST would purchase the pipeline. and Arizona, and 120 MMcfd to temporary and permanent easements The FERC will be the lead Federal customers in southern California. necessary for constructing and operating agency in the preparation of this EIS/ Overall, the proposed Southern Trails the project. EIR while the CSLC will be the State Pipeline Project consists of the Lead Agency for California. The following facilities: Construction of the pipeline extensions and reroute segments would document, which will avoid much • About 693 miles of existing pipeline, to duplication of environmental analyses, be converted from crude oil to natural gas normally follow standard pipeline will satisfy the requirements of both the service (610 miles of 16-inch, 80 miles of 12- construction methods: right-of-way National Environmental Policy Act inch, and 3 miles of 20-inch-diameter clearing and grading; trenching; pipe (NEPA) and the California pipeline); stringing, bending, welding, joint Environmental Quality Act (CEQA). • Five new pipeline extensions and coating, and lowering in; backfilling of Additionally, with this notice the interconnects totaling about 59.8 miles (36.1 the trench; and cleanup and restoration. FERC is inviting other Federal agencies miles in New Mexico; 17.4 miles in Arizona; QST would implement site-specific 6.8 miles in California) with diameters of 20 erosion control and revegetation and two Native American Tribes to and 22 inches (only one 0.6-mile segment participate (see appendix 1) in the would be 22 inches in diameter); measures and use special construction preparation of the EIS/EIR.2 These • Five reroutes/realignments of the techniques for wetland and water entities may choose to become existing pipeline totaling about 8.7 miles of crossings and for construction in cooperating agencies once they have 16-inch-diameter pipe in California. residential/urban areas. These evaluated QST’s proposal relative to • 41 replacement segments of the existing construction procedures and mitigation their respective responsibilities. pipeline totaling about 9.5 miles (4.6 miles in plans will be presented and their If you are a landowner receiving this California; 4.9 miles in Arizona) of 16-inch- adequacy assessed in the Draft EIS/EIR. diameter pipe; notice, you may be contacted by a QST • Seven new compressor stations (6 of Where necessary, the joint FERC–CSLC representative about the acquisition of which would be located on existing oil pump staffs will make appropriate an easement to construct, operate, and station sites), with a total of 17,356 recommendations to avoid or mitigate maintain the Southern Trails Pipeline horsepower of compression (3 sites in potential impact.
1 QST’s application was filed with the FERC 2 ‘‘We, ‘‘us,’’ and ‘‘our’’ refer to the staffs of the Files Maintenance Branch, 888 First Street, NE, pursuant to section 7 of the Natural Gas Act and CSLC and the FERC’s Office of Pipeline Regulation. Washington, DC 20462, or call (202) 208–1371. Part 157 of the FERC’s regulations. The appendices referenced in this notice are not Copies of the appendices were sent to all those being printed in the Federal Register. Copies are receiving this notice in the mail. available from the FERC’s Public Reference and
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TABLE 1.ÐFACILITIES ASSOCIATED WITH THE QUESTAR SOUTHERN TRAILS PIPELINE PROJECT
New compres- Proposed facilities Pipe diameter Pipe length sion County (inches) (miles) (horsepower)
New Mexico: TransColorado Extension ...... 20 35.4 ...... San Juan. Shiprock Compressor Station ...... N/A N/A 2,350 San Juan. Utah: Red Mesa Compressor Station ...... N/A N/A 2,195 San Juan. Arizona: Replacement (Mohave County) ...... 16 .50 ...... Mohave. Replacement (Mohave County) ...... 16 .24 ...... Mohave. Replacement at Kayenta ...... 16 1.80 ...... Navajo. Replacement at Dennehotso ...... 16 1.61 ...... Apache. Transwestern Extension ...... 16 .40 ...... Mohave. Topock Extension ...... 20 17.14 ...... Mohave. Chaco Extension ...... 22 .50 ...... San Juan. Mohave Valley Compressor Station ...... N/A N/A 3,936 Mohave. Cameron Compressor Station ...... N/A N/A 1,770 Coconino. Cameron Tap Site ...... N/A N/A ...... Coconino. Tuba City Tap Site ...... N/A N/A ...... Coconino. Kayenta Tap Site ...... N/A N/A ...... Navajo. Red Mesa Tap Site ...... N/A N/A ...... Apache. California: Replacement (DanbyÐWard Valley) ...... 16 .07 ...... San Bernardino. Replacement (DanbyÐWard Valley) ...... 16 .17 ...... San Bernardino. Replacement (DanbyÐWard Valley) ...... 16 .33 ...... San Bernardino. Replacement (DanbyÐWard Valley) ...... 16 .15 ...... San Bernardino. Replacement (DanbyÐWard Valley) ...... 16 .08 ...... San Bernardino. Replacement (DanbyÐWard Valley) ...... 16 .48 ...... San Bernardino. Replacement (DanbyÐWard Valley) ...... 16 .41 ...... San Bernardino. Replacement (DanbyÐWard Valley) ...... 16 .09 ...... San Bernardino. Replacement (DanbyÐWard Valley) ...... 16 .30 ...... San Bernardino. Replacement (DanbyÐWard Valley) ...... 16 .44 ...... San Bernardino. Replacement (DanbyÐWard Valley) ...... 16 .07 ...... San Bernardino. Replacement (DanbyÐWard Valley) ...... 16 .16 ...... San Bernardino. Replacement (DanbyÐWard Valley) ...... 16 .01 ...... San Bernardino. Replacement (DanbyÐWard Valley) ...... 16 .42 ...... San Bernardino. Replacement (DanbyÐWard Valley) ...... 16 .36 ...... San Bernardino. Reroute at City of Orange ...... 16 .76 ...... Orange. Realignment at Corona #1 (Rincon Street & Sheridan Street) ...... 16 .06 ...... Riverside. Realignment at Corona #2 (San Miguel Drive & Laguna Drive) ...... 16 .06 ...... Riverside. Realignment at Corona #3 (Mariposa Drive) ...... 16 .06 ...... Riverside. Reroute at Cabazon ...... 16 8.0 ...... Riverside. Del Amo Extension ...... 20 6.50 ...... Los Angeles. Beaumont Compressor Station ...... N/A N/A 1,934 Riverside. Morongo Valley Compressor Station ...... N/A N/A 2,372 San Bernardino. Danby Compressor Station ...... N/A N/A 2,372 San Bernardino.
All components of the proposed could result from a major Federal action be analyzed and presented in the EIS/ pipeline system would be designed and whenever it considers the issuance of a EIR. All comments received will be tested in accordance with U.S. Certificate of Public Convenience and considered during the preparation of the Department of Transportation safety Necessity. The CSLC, as State Lead document. State and local government standards and specifications found at Agency for California, is required to representatives are encouraged to notify Title 49 of the Code of Federal consider the same potential impacts their constituents of QST’s proposal and Regulations, Part 192 (49 CFR 192), within the State of California under encourage them to comment on their Transportation of Natural and other Gas CEQA. The EIS/EIR we are preparing areas of concern. by Pipeline; Minimum Federal Safety will give both the CSLC and the FERC The EIS/EIR will discuss impacts that Standards. The existing pipeline would the information we need to do that. could occur as a result of the be cleaned and the entire system NEPA and CEQA also require us to construction and operation of the hydrostatically tested before being discover and address concerns the proposed project. These impacts may placed in service. QST would be public may have about proposals. We include, but are not limited to: required to obtain appropriate Federal, call this ‘‘scoping’’. The main goal of the Geology and Soils state, and/or Tribal discharge permits scoping process is to focus the analysis —Landslide and seismic hazards prior to pipeline cleaning and in the EIS/EIR on the important —Erosion and sedimentation control hydrostatic testing. environmental issues, and to separate —Right-of-way restoration those issues that are insignificant and Water Resources The EIS/EIR Process do not require detailed study. By this —Impact on wetland hydrology NEPA requires the FERC to take into NOI/NOP, we are requesting public —Effect of pipeline crossings on account the environmental impacts that comments on the scope of the issues to streams and canals
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Biologic Resources a Draft EIS/EIR which will be mailed to another chance to prevent us with —Short- and long-term effects of Federal, state, and local agencies, environmental issues or concerns they right-of-way clearing and reservations crossed by the pipeline or believe should be addressed in the EIS/ maintenance on wetlands and disturbed by construction, public EIR. QST representatives will be present riparian areas interest groups, interested individuals, at the meetings to describe the proposed —Effects of habitat alteration affected landowners, newspapers, project, both in general and for the —Impact on threatened and libraries, and the FERC’s official service specific area where each meeting is endangered species list for these proceedings. A 45-day held. —Impact on fisheries comment period will be allocated for The locations and times for these Cultural Resources the review of the Draft EIS/EIR. We will —Impact on historic and prehistoric meetings are listed on the next page. consider all comments on the Draft EIS/ Priority will be given to commenters sites EIR and revise the document, as —Native American and tribal who represent groups, and a transcript necessary, before issuing a Final EIS/ of each meeting will be made so that concerns EIR. The Final EIS/EIR will include our your comments will be accurately Socioeconomics response to each comment received. —Effects of construction workforce recorded. demands on public services Public Participation and Scoping Route Inspection —Effects of increased employment Meetings and taxes on local economy You can help us by sending a letter On May 3–13, 1999, we will also be Air quality with your specific environmental conducting an inspection of the existing —Effect of compressor station comments or concerns about the project. and proposed routes and locations of emissions on air quality You should focus on the potential facilities associated with QST’s Noise environmental effects of the proposal, proposal. This inspection will include —Effect of compressor station alternatives to the proposal (including both aerial and ground components. operation on nearby noise-sensitive alternative routes), and measures to Anyone interested in participating in receptors Reliability and Safety avoid or lessen environmental impact. the inspection activities may contact the —Assessment of hazards associated The more specific your comments, the FERC’s Office of External Affairs with natural gas transmission more useful they will be. Please follow (identified at the end of this notice) for pipelines the instructions below to ensure that more details and must provide their Land Use your comments are received and own transportation. properly recorded. —Impact on the Havasu National • Becoming an Intervenor Wildlife Refuge Send your letter to: David P. —Effect of right-of-way clearing and Boergers, Secretary, Federal Energy In addition to involvement in the EIS/ construction of aboveground Regulatory Commission, 888 First EIR scoping process, you may want to facilities on visual aesthetics in Street, NE, Room 1A, Washington, DC become an official party to the FERC residential and scenic areas 20426; proceeding by becoming an • Reference Docket No. CP99–163– —Consistency with city and county ‘‘intervenor.’’ Among other things, 000; land use plans • intervenors have the right to receive —Impact on residences Send a copy of your letter to the following individuals: copies of case-related FERC documents —Construction impact on urban and filings by other intervenors. Branch Chief, PR–11.1, Environmental traffic flow Likewise, each intervenor must provide Review & Compliance Branch, Federal Paleontology copies of its filings to all other parties. —Impact on significant fossil Energy Regulatory Commission, 888 If you want to become an intervenor, resources encountered during First Street, NE, Room 72–50, you must file a Motion to Intervene pipeline construction Washington, DC 20426 according to Rule 214 of the FERC’s Cumulative Impacts Daniel Gorfain, EIR Project Manager, —Identification of projects likely to California State Lands Commission, Rules of Practices and Procedure (18 take place in the time frame and/or 100 Howe Avenue, Suite 100 South, CFR 385.214) which is attached as proximity of the proposed project Sacramento, CA 95825–8202; and appendix 4. —Analysis of cumulative impact and • Mail your comments so that they The date for filing timely motions to mitigation measures will be received in Washington, DC on intervene in this proceeding has passed. We will also evaluate possible or before May 26, 1999. Therefore, parties now seeking to file alternatives to the project, including the In addition to asking for written late interventions must show good No-Action/Project alternative. The EIS/ comments, we invite you to attend any cause, as required by Section EIR will include recommendations for of the joint public scoping meetings the 385.214(b)(3), why this time limitation specific mitigation measures to lessen or FERC and CSLC will conduct. The should be waived. Environmental issues avoid impacts on the various resource purpose of the scoping meetings is to have been viewed as good cause for late areas, as well as a Mitigation Monitoring provide state and local agencies, intervention. You do not need Program. interested groups, landowners, and the intervenor status to have your scoping Our independent analysis of the general public with an opportunity to comments considered or to speak at a issues will result in the publication of learn more about the project and meeting.
SCHEDULE FOR EIS/EIR PUBLIC SCOPING MEETINGS [NOTE: All meetings will last for 1 hour, or until the submission of public comments is concluded (whichever occurs later)]
Date and time Community Location
Tuesday, May 4, 1999, 7:00 pm ...... Farmington, NM ...... Holiday Inn, 600 East Broadway, Animas Room.
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SCHEDULE FOR EIS/EIR PUBLIC SCOPING MEETINGSÐContinued [NOTE: All meetings will last for 1 hour, or until the submission of public comments is concluded (whichever occurs later)]
Date and time Community Location
Wednesday, May 5, 1999, 5:00 pm Kayenta, AZ ...... Kayenta Chapter House. Thursday, May 6, 1999, 7:00 pm ..... Kingman, AZ ...... Kingman Area Office, Bureau of Land Management, Conference Room. Monday, May 10, 1999, 7:00 pm ..... Anaheim, CA ...... Embassy Suites Hotel, 3100 East Frontera, (junc. state highways 91 & 57), Cresent Court Room. Tuesday, May 11, 1999, 6:30 pm .... Norco, CA (Corona) ...... Norco Board Council Chamber, 2820 Clark Street. Wednesday, May 12, 1999, 6:30 pm Long Beach, CA ...... Los Cerritos Elementary School, 515 West San Antonio Drive. Thursday, May 13, 1999, 4:00 pm± Banning, CA ...... Council Chambers, 99 East Ramsey Street. 7:00 pm. Orange, CA ...... DoubleTree Inn, 100 The City Drive.
Environmental Mailing List from the CIPS menu, and follow the County, Maine. These projects do not This notice is being sent to instructions. For assistance with access utilize any federal lands. individuals, organizations, and to CIPS, the CIPS helpline can be g. Filed Pursuant to: Federal Power government entities interested in and/or reached at (202) 208–2474. Act, 16 U.S.C §§ 791(a)–825(r). potentially affected by the proposed Information concerning the h. Applicant Contact: Mr. Thomas project. It is also being sent to all involvement of the CSLC in the EIS/EIR Howard, S.D. Warren Company, 89 individuals who own property crossed process may be obtained from Dan Cumberland Street, P.O. Box 5000, by the existing pipeline, individuals Gorfain, EIR Project Manager, at (916) Westbrook, ME 04098–1597, 207–856– who own property adjacent to the 574–1889. 4286. existing pipeline (where the pipeline is Information regarding the i. FERC Contact: Bob Easton, in a utility right-of-way and involvement of the U.S. Department of [email protected], 202–219– construction/disturbance is proposed the Interior’s Bureau of Land 2782. within 50 feet of the adjacent property), Management as a cooperating agency in j. Deadline for filing motions to and identified potential right-of-way the environmental analysis process may intervene and protest: 60 days from the grantors. Overall, the notice will be be obtained from Mr. Steven Johnson, issuance of this notice. delivered to more than 2,100 individual California Desert District Office, at (909) All documents (original and eight parties. 697–5233. copies) should be filed with: David P. Everyone who responds to this notice Daniel Gorfain, Boergers, Secretary, Federal Energy or comments on the environmental Project Manager, CSLC. Regulatory Commission, 888 First document will be retained on our David P. Boergers, Street, NE, Washington, DC 20426. mailing list. If you don’t want to send Secretary, FERC. The Commission’s Rules of Practice comments at this time but still want to [FR Doc. 99–10682 Filed 4–28–99; 8:45 am] and Procedure require all intervenors filing documents with the Commission keep informed and receive copies of the BILLING CODE 6717±01±M Draft and Final EIS/EIR, you must to serve a copy of that document on return the attached mailer (see appendix each person whose name appears on the 5). Given the size of our initial mailing DEPARTMENT OF ENERGY official service list for the project. list and our desire to be responsible Further, if an intervenor files comments (both fiscally and with the use of Federal Energy Regulatory or documents with the Commission resources), You Must Send Comments Commission relating to the merits of an issue that or Return the Attached Mailer for Your may affect the responsibilities of a Notice of Applications Accepted for Name to Remain on the Mailing List. particular resource agency, they must Filing And Soliciting Motions To also serve a copy of the document on Additional Questions? Intervene and Protest that resource agency. k. Status of environmental analysis: Further information about the April 23, 1999. These applications are not ready for proposed project is available from Mr. Take notice that the following environmental analysis at this time. Paul McKee of the FERC’s Office of hydroelectric applications have been l. Description of the Projects: External Affairs at (202) 208–1088. filed with the Commission and are QST’s application and other Saccarappa: The project consists of available for public inspection: supplemental filings are also available a. Type of Applications: Two New the following existing facilities: (1) a for viewing on the FERC Internet Major Licenses and Three Subsequent 322-foot-long diversion dam consisting website (www.ferc.fed.us). Click on the Licenses. of two concrete overflow structures ‘‘RIMS’’ link, select ‘‘Docket No. CP99– b. Project Nos.: 2897–003, 2931–002, separated by an island; (2) two bypassed 163’’ from the RIMS menu, and follow 2932–003, 2941–002, and 2942–005. reaches measuring 475 and 390 feet the instructions. For assistance with c. Date filed: January 22, 1999. long; (3) a 380-foot-long and 36-foot- access to RIMS, the RIMS helpline can d. Applicant: S.D. Warren Company. wide intake canal; (4) a 49-foot-wide by be reached at (202) 208–2222. Similarly, e. Names of Projects: Saccarappa 71-foot-long masonry powerhouse; (5) the ‘‘CIPS’’ link on the FERC website Project, Gambo Project, Mallison Falls three turbine generator units, each with provides access to the texts of formal Project, Little Falls Project, and Dundee a rated capacity of 450 kilowatts (kW) documents issued by the FERC, such as Project. for a total project installed capacity of orders, notices, and rulemakings. From f. Location: On the Presumpscot 1,350 kW; (6) a 345-foot-long tailrace the FERC website, click on the ‘‘CIPS’’ River, near the towns of Windham, formed by a 33-foot-high guard wall; (7) link, select the ‘‘Docket #’’ of interest Gorham, and Westbrook, in Cumberland a 1-mile-long 2.3 kilovolt (kV)
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This filing may be foot-deep concrete lined intake canal; viewed on the web at http:// (3) a 47-foot-wide by 78-foot-long www.ferc.fed.us/online/rims.htm (call ENVIRONMENTAL PROTECTION reinforced concrete and brick 202–208–2222 for assistance). A copy is AGENCY powerhouse; (4) two turbine generator also available for inspection and units, each with a rated capacity of 950 reproduction at the address in item h. [FRL±6332±7] kW for a total project installed capacity above. of 1,900 kW; (5) a 300-foot-long Agency Information Collection bypassed reach; (6) an 8-mile-long 11 kV Protests or Motions to Intervene— Activities: Proposed Collection; transmission line; and (7) other Anyone may submit a protest or a Comment Request; Reporting appurtenances. motion to intervene in accordance with Requirements Under EPA's Water Mallison Falls: The project consists of the requirements of Rules of Practice Alliances for Voluntary Efficiency the following existing facilities: (1) a and Procedure, 18 CFR 385.210, .211 (WAVE) Program 358-foot-long and 14-foot-high and .214. In determining the appropriate AGENCY: Environmental Protection reinforced concrete, masonry, and cut action to take, the Commission will Agency (EPA). granite diversion dam; (2) a 70-foot-long consider all protests filed, but only headgate structure; (3) a 675-foot-long, those who file a motion to intervene in ACTION: Notice. 41-foot-wide, and 6-foot-deep bedrock accordance with the Commission’s SUMMARY: In compliance with the lined intake canal; (4) a 33-foot-wide by Rules may become a party to the Paperwork Reduction Act (44 U.S.C. 51-foot-long reinforced concrete and proceeding. Any protests or motions to 3501 et seq.), this document announces masonry powerhouse; (5) two turbine intervene must be received on or before that EPA is planning to submit the generator units, each with a rated the specified deadline date for the following continuing Information capacity of 400 kW for a total project particular application. Collection Request (ICR) to the Office of installed capacity of 800 kW; (6) a 675- Filing and Service of Responsive Management and Budget (OMB): foot-long bypassed reach; (7) an 11 kV Reporting Requirements Under EPA’s transmission line tied into the Gambo Documents—The application is not ready for environmental analysis at this Water Alliances for Voluntary Efficiency Project transmission line; and (8) other (WAVE) Program, EPA ICR Number appurtenances. time; therefore, the Commission is not now requesting comments, 1654.02, OMB Control Number 2040– Little Falls: The project consists of the 0164, expiring October 31, 1999. Before following existing facilities: (1) a 330- recommendations, terms and conditions, or prescriptions. submitting the ICR to OMB for review foot-long and 14-foot-high reinforced and approval, EPA is soliciting concrete and masonry dam When the application is ready for comments on specific aspects of the incorporating a 70-foot-long intake environmental analysis, the proposed information collection as structure; (2) a 25-foot-wide by 95-foot- Commission will issue a public notice described below. long masonry powerhouse which is requesting comments, DATES: integral to the dam; (3) four turbine Comments must be submitted on recommendations, terms and or before June 28, 1999. generator units, each with a rated conditions, or prescriptions. capacity of 250 kW for a total project ADDRESSES: Environmental Protection installed capacity of 1,000 kW; (4) a All filings must (1) bear in all capital Agency, Office of Wastewater 300-foot-long bypassed reach; (5) an 11 letters the title ‘‘PROTEST’’ or Management, WAVE ICR Docket, kV transmission line tied into the ‘‘MOTION TO INTERVENE;’’ (2) set Municipal Assistance Branch (Mail Gambo Project transmission line; and (6) forth in the heading the name of the Code 4204), 401 M Street, SW, other appurtenances. applicant and the project number of the Washington, DC 20460. Interested Dundee: The project consists of the application to which the filing persons may obtain a copy of the ICR following existing facilities: (1) a 1,492- responds; (3) furnish the name, address, amendment and supporting analysis foot-long dam, consisting of a 150-foot- and telephone number of the person without charge by contacting the long, 42-foot-high concrete spillway protesting or intervening; and (4) individual listed below. section flanked by two 50-foot-high otherwise comply with the requirements FOR FURTHER INFORMATION CONTACT: earthen embankments, a 90-foot-long of 18 CFR 385.2001 through 385.2005. Valerie Martin, Telephone: (202) 260– and 50-foot-high non-overflow section, Agencies may obtain copies of the 7259. Facsimile Number: (202) 260– and a 27-foot-long gate section; (2) a 44- application directly form the applicant. 1827. E-mail: [email protected]. foot-wide by 74-foot-long reinforced Any of these documents must be filed SUPPLEMENTARY INFORMATION: concrete powerhouse which is integral by providing the original and the Comments to the spillway section of the dam; (4) number of copies required by the three turbine generator units, each with Commission’s Regulations to: The Comments shall be submitted to a rated capacity of 800 kW for a total Secretary and an additional copy must WAVE ICR Comment Clerk, Mail Code project installed capacity of 2,400 kW; be sent to the Director, Division of 4204, Environmental Protection Agency, (5) a 1,075-foot-long bypassed reach; (6) Project Review, Office of Hydropower Office of Wastewater Management, 401 a 1,075-foot-long, 30-foot-wide, and 11- Licensing, at the above-mentioned M Street, SW, Washington, DC 20460. foot-deep tailrace; (3) two 10-mile-long address. A copy of any protest or motion Commenters who want EPA to 11 kV transmission lines; and (7) other to intervene must be served upon each acknowledge receipt of their comments appurtenances. should enclose a self-addressed stamped
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Electronic comments must EPA, pollution prevention means methodology and assumptions used; be identified by the use of words ‘‘source reduction’’ as defined under the ‘‘WAVE ICR Comments.’’ No Pollution Prevention Act, and other (iii) Enhance the quality, utility, and confidential Business Information (CBI) practices that reduce or eliminate the clarity of the information to be should be submitted through e-mail. creation of pollutants through increased collected; and Comments and data will also be efficiency in the use of raw materials, (iv) Minimize the burden of the accepted on disks in Corel WordPerfect energy, water, or other resources, or collection of information on those who 8 format or ASCII file format. Electronic through protection of natural resources are to respond, including through the comments on this notice may be filed by conservation. By promoting water online at many Federal Depository use of appropriate automated electronic, efficiency, WAVE prevents pollution in mechanical, or other technological Libraries. The record for this proposed two basic ways. First, wastewater flows ICR renewal has been established in the collection techniques or other forms of are reduced which can increase information technology, e.g., permitting Office of Wastewater Management, treatment efficiency at wastewater electronic submission of responses. Municipal Assistance Branch and treatment plants resulting in reduced includes supporting documentation as pollutant loads. Second, less water used Burden Statement well as printed, paper versions of means that less energy will be used to electronic comments. It does not treat, transport, and heat drinking water The annual public reporting and include any information claimed as CBI. and to transport and treat wastewater. record keeping burden for this The record is available for inspection To the extent that the reduced energy collection of information is estimated to from 9 am to 4 pm, Monday through use so achieved is electrical energy, average three hours and three minutes Friday, excluding legal holidays, at the power plant emissions are reduced. per Membership Agreement response, Municipal Assistance Branch, Northeast Water efficiency also causes less water and five hours and 54 minutes per Mall Room 2606–46, 401 M Street, SW, to be withdrawn and helps preserve Results Report response. Approximately Washington, DC 20460. For access to the streamflow to maintain a healthy 870 facilities will be subject to this docket materials, please call (202) 260– aquatic environment; in addition, less information collection for an estimated 5856 to schedule an appointment. pumping of groundwater lowers the annual burden of 2,556 hours. The total Affected Entities chance that pollutants that may be in estimated burden for this information the groundwater will be drained into a collection activity, including the Entities potentially affected by this water supply well. action are commercial businesses, Agency, is 3,037 hours nationally; the EPA uses the information to maintain medical facilities, educational estimated total annualized cost burden a profile of program membership and to institutions, state and local is $187,282. Burden means the total monitor the success of the program, governments, and multi-family housing time, effort, or financial resources demonstrate that pollution prevention units that voluntarily join EPA’s WAVE expended by persons to generate, can be accomplished with a non- Program. Major respondents are lodging maintain, retain, or disclose or provide regulatory approach, and to promote the establishments, office buildings, information to or for a Federal agency. program to potential partners. educational institutions, medical This includes the time needed to review Participation in the WAVE Program is facilities, and state and local instructions; develop, acquire, install, voluntary; however, a participant joins governments. the program by signing and submitting and utilize technology and systems for Title a Membership Agreement and an annual the purposes of collecting, validating, and verifying information, processing Reporting Requirements Under EPA’s Results Report to EPA to receive and retain program benefits, such as and maintaining information, and Water Alliances for Voluntary Efficiency disclosing and providing information; (WAVE) Program (OMB Control No. software and publicity. No participant is adjust the existing ways to comply with 2040–0164; EPA ICR No. 1654.02) required to submit confidential business any previously applicable instructions expiring October 31, 1999. information. EPA maintains and distributes a list of program and requirements; train personnel to be Abstract participants, and presents aggregated able to respond to a collection of EPA initially collects facility data only in its program progress information; search data sources; information and thereafter annually reports. An agency may not conduct or complete and review the collection of collects water, energy, and cost savings sponsor, and a person is not required to information; and transmit or otherwise information from participants in the respond to, a collection of information disclose the information. WAVE program. WAVE Partners are unless it displays a currently valid OMB Dated: April 23, 1999. commercial businesses or institutions control number. The OMB control Michael B. Cook, that voluntarily agree to implement numbers for EPA’s regulations are listed cost-effective water efficiency measures in 40 CFR part 9 and 49 CFR Chapter Director, Office of Wastewater Management. in their facilities. Initially the WAVE 15. [FR Doc. 99–10731 Filed 4–28–99; 8:45 am] Program targeted the lodging industry, The EPA would like to solicit BILLING CODE 6560±50±P but is expanding to include office comments to: buildings, educational institutions and (i) Evaluate whether the proposed medical facilities. Another type of collection of information is necessary participant, ‘‘Supporters,’’ will work for the proper performance of the with EPA to promote water efficiency. functions of the agency, including
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ENVIRONMENTAL PROTECTION habitats, and beneficial uses of receiving agency. This includes the time needed AGENCY waters, and whether the discharge will to review instructions, develop, acquire, result in additional treatment, pollution [FRL±6332±6] install, and utilize technology and control, or any other requirement for systems for the purposes of collecting, Agency Information Collection any other point or nonpoint sources. validating, and verifying information, Activities: Submission for OMB The State also provides information to processing and maintaining Review; Comment Request; certify that the discharge will meet all information, and disclosing and Modification of Secondary Treatment applicable State laws and that the State providing information; adjust the Requirements for Discharges Into accepts all permit conditions. EPA existing ways to comply with any Marine Waters requires updated information on the previously applicable instructions and discharge to: (1) determine whether the requirements; train personnel to be able AGENCY: Environmental Protection section 301(h) criteria are still being met to respond to a collection of Agency (EPA). and whether the section 301(h) waiver information; search data sources; ACTION: Notice. should be reissued; (2) determine complete and review the collection of whether the water quality, biological SUMMARY: In compliance with the habitats, and beneficial uses of the information, and transmit or otherwise Paperwork Reduction Act (44 U.S.C. receiving waters are protected; and (3) disclose the information. 3501 et seq.), this document announces ensure that the permittee is effectively Respondents/Affected Entities: that the following Information minimizing industrial and nonindustrial Municipalities with publicly owned Collection Request (ICR) has been toxic pollutant and pesticide discharges treatment works (POTW) that currently forwarded to the Office of Management into the treatment works. EPA needs have section 301(h) waivers from and Budget (OMB) for review and information from the State to: (1) allow secondary treatment, who have applied approval: Modification of Secondary the State’s views to be taken into for a renewal of a section 301(h) waiver, Treatment Requirements for Discharges account when EPA reviews the section or have a pending section 301(h) waiver, into Marine Waters, EPA ICR Number 301(h) application and develops permit and the States within which these 0138.06, OMB Control Number 2040– conditions; and (2) ensure that all State municipalities are located. 0088, expiring July 31, 1999. The ICR laws are met and that the State accepts describes the nature of the information all permit conditions. This information Estimated Number of Respondents: collection and its expected burden and is the means by which the State can 55. cost; where appropriate, it includes the non-concur with a section 301(h) Frequency of Response: Varies from 1 actual data collection instrument. approval decision made by the EPA time to once every 5 years, to case-by- DATES: Comments must be submitted on Regional office. Responses to the case, depending on the category of or before June 1, 1999. collection of information are required to information collection. FOR FURTHER INFORMATION CONTACT: obtain or retain a benefit. Regulations Estimated Total Annual Hour Burden: Sandy Farmer at EPA by phone at (202) implementing CWA section 301(h) are 71,049 hours. 260-2740, by email at found at 40 CFR part 125, subpart G. An [email protected], or download a agency may not conduct or sponsor, and Estimated Total Annualized Cost copy of the ICR off the Internet at http:/ a person is not required to respond to, Burden (capital/startup and O&M costs /www.epa.gov/icr and refer to EPA ICR a collection of information unless it only): $0. No. 0138.06. displays a currently valid OMB control Send comments on the Agency’s need SUPPLEMENTARY INFORMATION: number. The OMB control numbers for for this information, the accuracy of the Title: Modification of Secondary EPA’s regulations are listed in 40 CFR provided burden estimates, and any Treatment Requirements for Discharges part 9 and 48 CFR Chapter 15. The suggested methods for minimizing into Marine Waters (EPA ICR Number Federal Register document required respondent burden, including through 0138.06; OMB Control Number 2040– under 5 CFR 1320.8(d), soliciting the use of automated collection 0088) expiring July 31, 1999. This is a comments on this collection of techniques to the following addresses. request for extension of a currently information, was published on Please refer to EPA ICR No. 0138.06 and approved collection. December 23, 1998 (63 FR 71112); no OMB Control No. 2040–0088 in any comments were received. Abstract: The Clean Water Act (CWA) correspondence. 301(h) program involves collecting Burden Statement: The annual public information from two sources: (1) The reporting and recordkeeping burden for Ms. Sandy Farmer, U.S. Environmental municipal wastewater treatment facility, this collection of information is Protection Agency, Office of Policy, commonly called a publicly owned estimated to average 568 hours per Regulatory Information Division treatment works (POTW); and (2) the response for POTWs and 111 hours per (2137), 401 M Street, SW, State in which the POTW is located. response for States. The average annual Washington, DC 20460; and Municipalities had the opportunity to reporting burden varies depending on Office of Information and Regulatory apply for a waiver from secondary the size of the respondent and the Affairs, Office of Management and treatment requirements, but that category of the information collection. Budget, Attention: Desk Officer for opportunity closed in December 1982. A There are 7 categories of information EPA, 725 17th Street, NW, POTW seeking to obtain a 301(h) collection in this ICR renewal. The Washington, DC 20503. waiver, holding a current waiver, or frequency of response varies from 1 time reapplying for a waiver, provides to once every 5 years, to case-by-case, as Dated: April 22, 1999. application, monitoring, and toxic the individual permit specifies, Joseph Retzer, control program information. The State depending on the category. Burden Director, Regulatory Information Division. provides information on its means the total time, effort, or financial [FR Doc. 99–10732 Filed 4–28–99; 8:45 am] determination whether the proposed resources expended by persons to BILLING CODE 6560±50±P conditions of the waiver ensure the generate, maintain, retain, or disclose or protection of water quality, biological provide information to or for a Federal
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ENVIRONMENTAL PROTECTION public review period, to determine bus engine in an operator’s fleet which AGENCY whether the candidate Engelhard is rebuilt or replaced; Option 2 is a fleet equipment should be certified. If averaging program that sets out a [FRL±6332±9] certified, then the equipment can be specific annual target level for average Retrofit/Rebuild Requirements for 1993 used by urban bus operators to reduce PM emissions from urban buses in an and Earlier Model Year Urban Buses; the particulate matter (PM) of urban bus operator’s fleet. Public Review of a Notification of engines. A key aspect of the program is the Intent To Certify Equipment Comments should be provided in certification of retrofit/rebuild writing to Public Docket A–93–42, equipment. To meet either of the two AGENCY: Environmental Protection Category XXV, at the address below. An compliance options, operators of the Agency (EPA). identical copy should be submitted to affected buses must use equipment ACTION: Notice of EPA receipt of a William Rutledge, also at the address which has been certified by EPA. notification of intent to certify below. Emissions requirements under either of equipment and initiation of 45-day Category XXV of Public Docket A–93– the two options depend on the public review and comment period. 42, entitled ‘‘Certification of Urban Bus availability of retrofit/rebuild Retrofit/Rebuild Equipment’’ contains equipment certified for each engine SUMMARY: Engelhard Corporation Engelhard’s notification of intent to model. To be used for Option 1, (Engelhard) has submitted to EPA a certify and other materials specifically notification of intent to certify urban equipment must be certified as meeting relevant to it. This docket is located at a 0.10 g/bhp-hr PM standard or as bus retrofit/rebuild equipment pursuant the address below. to 40 CFR part 85, subpart O. EPA is achieving a 25 percent reduction in PM. DATES: making the notification (application) Comments must be submitted on Equipment used for Option 2 must be available for public review and or before June 14, 1999. certified as providing some level of PM comment for a 45-day period. ADDRESSES: Submit separate copies of reduction that would in turn be claimed Engelhard intends that this comments to each of the two following by urban bus operators when calculating equipment, referred to as the ETX-Plus addresses: their average fleet PM levels attained rebuild kit, be certified to the 0.10 grams 1. U.S. Environmental Protection under the program. per brake-horsepower-hour (g/bhp-hr) Agency, Public Docket A–93–42 Under Option 1, additional particulate matter standard for 1988— (Category XXV–A), Room M–1500, 401 information regarding cost must be 1993 model year Detroit Diesel M Street S.W., Washington, DC 20460. submitted in the application for Corporation (DDC) 6V92TA engines 2. William Rutledge, Engine certification, in order for certification of equipped with Detroit Diesel Electronic Compliance Programs Group, Engine that equipment to initiate (or trigger) Control (DDEC). Programs and Compliance Division program requirements for a particular No life cycle cost information has (6403J), U.S. Environmental Protection engine model. In order for the been provided with the application. If Agency, 401 ‘‘M’’ Street S.W., equipment to serve as a trigger, the certified to the 0.10 g/bhp-hr standard, Washington, DC 20460. certifier must guarantee that the then the candidate equipment would The Engelhard application and other equipment will be offered to affected not ‘‘trigger’’ the 0.10 g/bhp-hr standard materials specifically relevant to it are operators for $7,940 or less at the 0.10 for the applicable engines. (The 0.10 g/ contained in the public docket indicated g/bhp-hr PM level, or for $2,000 or less bhp-hr PM standard is already in effect above. Docket items may be inspected for the 25 percent or greater reduction for these engines.) The application from 8:00 a.m. until 5:30 p.m., Monday in PM. Both of the above amounts are describes equipment that is based upon through Friday. As provided in 40 CFR based on 1992 dollars and include life a 6V92TA DDEC II engine that is rebuilt part 2, a reasonable fee may be charged cycle costs incremental to the cost of a to a standard 1991 to 1993 DDC by EPA for copying docket materials. standard rebuild. FOR FURTHER INFORMATION CONTACT: specification of either 253 or 277 II. Application for Certification horsepower (hp). However, when the William Rutledge, Engine Programs and engine is rebuilt it will utilize an Compliance Division (6403J), U.S. In an application of intent to certify improved turbocharger and a CMX’–6 Environmental Protection Agency, 401 signed November 17, 1998, and clarified catalytic muffler. As described in the M St. SW, Washington, D.C. 20460. in a letter dated December 14, 1998, application, Engelhard would provide Telephone: (202) 564–9297. Engelhard Corporation applied for the improved turbocharger, catalytic SUPPLEMENTARY INFORMATION: certification of the ETX-Plus rebuild kit muffler, specific blower drive gear, and under the urban bus program. The electronic programming upgrade (only I. Program Background equipment is applicable to 1988 through for 1988 through 1990 model year On April 21, 1993, EPA published 1993 model year Detroit Diesel engines). To complete an engine final Retrofit/Rebuild Requirements for Corporation 6V92TA diesel engines upgrade, an operator would have to 1993 and Earlier Model Year Urban equipped with Detroit Diesel Electronic acquire on its own, other required Buses (58 FR 21359). The retrofit/ Control (DDEC). The application states engine rebuild parts, such as cylinder rebuild program is intended to reduce that the candidate equipment achieves a heads, cylinder kits, fuel injectors, the ambient levels of PM in urban areas PM level of 0.10 g/bhp-hr. No life cycle blower, and camshafts. and is limited to 1993 and earlier model cost information is provided. The use of Pursuant to section 85.1407(a)(7), year (MY) urban buses operating in the equipment by transit operators to today’s Federal Register notice metropolitan areas with 1980 meet program requirements is discussed announces that the information is populations of 750,000 or more, whose further below. available for public review and engines are rebuilt or replaced after The CMXTM–6 catalytic converter in comment, and initiates a 45-day period January 1, 1995. Operators of the the candidate kit is improved compared during which comments can be affected buses are required to choose to the CMX–5 converter of the kit that submitted. EPA will review the between two compliance options: EPA certified earlier to the 0.10 g/bhp- information submitted by Engelhard, as Option 1 sets particulate matter hr standard for Detroit Diesel well as comments received during the emissions requirements for each urban Corporation (DDC) 6V92TA model
VerDate 26-APR-99 11:10 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\A29AP3.121 pfrm03 PsN: 29APN1 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Notices 23073 engines with DDEC II (see 63 FR 50225; candidate kit will require no additional performed in accordance with the September 21, 1998). maintenance compared to a standard federal test procedure of 40 CFR Part 86, The application states that the engine. subparts N and I. The data of the candidate rebuild kit is designed to Engelhard indicates that the improved application are summarized below in update all electronically controlled DDC turbocharger operates like a typical Table 1, and document PM emissions of 6V92TA DDEC II engines to either a turbocharger, but with improved 0.10 g/bhp-hr and hydrocarbon (HC), standard 253 or 277 Hp ETX efficiency and airflow. The improved carbon monoxide (CO), oxides of configuration. The candidate kit airflow improves combustion efficiency nitrogen (NOx), and smoke emissions incorporates an improved CMX–6 which reduces engine-out PM. The within the applicable standards. Based integrated catalytic converter muffler, a CMX–6 catalytic muffler incorporates on this testing demonstration, it appears coated turbocharger, a specific blower Engelhard’s oxidation catalyst that all ETX Plus-equipped engines drive gear, and an engine specified parts technology to reduce PM emissions in would meet the 0.10 g/bhp-hr PM list. The specified parts of the list are the exhaust. not an integral part of the ETX Plus kit, The CMX–6 used in this equipment standard because installation of the kit but are standard components for a package is different from the catalytic results in the replacement of all 6V92TA DDEC II 1991 through 1993 converter that is part of the kit emissions related parts with a specific engine that are normally replaced previously certified by EPA to the 0.10 set of parts, the combination of which during an engine rebuild. The CMX–6 is g/bhp-hr PM standard for the applicable results in a documented PM level of intended to replace the standard muffler engines (63 FR 50225; September 21, 0.10 g/bhp-hr. The PM emissions level previously installed in the engine 1998). Therefore, the converter of the of an original engine, prior to exhaust system. The turbocharger is a previously-certified kit cannot be used installation of the Engelhard kit, may be standard 6V92 unit modified for in place of the new converter in the irrelevant since all emissions-related improved response and airflow. Engines candidate kit. parts are required to be replaced upon of model years 1988 through 1990 Engelhard presents emissions data installation of the kit. EPA requests would receive an upgraded control from a certification test performed on an comments on whether or not all engines program for the electronic control engine after being rebuilt with the ETX- for which certification is intended will module. Engelhard states that the Plus Rebuild Kit. Transient testing was meet the 0.10 g/bhp-hr PM standard.
TABLE 1.ÐSUMMARY OF ENGELHARD TESTING
g/bhp-hr Gaseous and particulate test HDDE standards 6V92TA DDEC II with 1988 1990 1991 ETX-plus kit
HC ...... 1.3 1.3 1.3 0.02 CO ...... 15.5 15.5 15.5 0.4 NOX ...... 10.7 6.0 5.0 5.0 PM ...... 0.60 0.60 0.25 0.10 BSFC 1 ...... 0.488 Hp (R/O) 2 ...... 277/278 Standards Smoke test (percent) Percent
ACCEL ...... 20 3 LUG ...... 15 1 PEAK ...... 50 6 1 Brake Specific Fuel Consumption (BSFC) is measured in units of lb/bhp-hr. 2 Horsepower (Rated/Observed during testing).
Engelhard’s application includes no applicable engines to a 1991 to 1993 EPA understands that Engelhard does life cycle cost information. Such model year configuration of either 253 not intend that the warranties provided information is required, pursuant to 40 or 277 Hp. As proposed in the by them would cover these parts, CFR 85.1407, only to trigger the program application, Engelhard would provide because these parts are normally standard of 0.10 g/bhp-hr for applicable certain engine components (the replaced during a standard rebuild. engines. That 0.10 g/bhp-hr PM improved turbocharger, a particular EPA expects to evaluate this supply standard was triggered with the blower drive gear and the CMX–6 method and whether it is appropriate certification of the Engelhard ETX–2002 catalytic converter muffler). The pursuant to program requirements [such rebuild kit described in the Federal remaining required parts (cylinder as 40 CFR 85.1403(a)(1)]. Also, EPA will Register on September 21, 1998 (63 FR heads, cylinder kits, fuel injectors, evaluate whether this supply method 50225). camshafts, and blower) would be would compromise the ability of the In accordance with program purchased elsewhere or supplied Engelhard kit to achieve 0.10 g/bhp-hr requirements, Engelhard’s application separately by the transit operator, as PM standard in the field. EPA requests includes emissions defect and emissions long as such parts were the Engelhard- comment on this supply method. performance warranties. specified OEM components. Engelhard EPA also notes that the upgraded The candidate kit requires particular proposes that the candidate kit include software programs for the electronic engine rebuild parts that are specified a specified parts list, but not provide control module that controls the fuel by Engelhard in order to upgrade these ‘‘standard’’ parts. Additionally, injection timing, which is to be
VerDate 26-APR-99 11:10 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\A29AP3.122 pfrm03 PsN: 29APN1 23074 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Notices provided with the candidate kit if FEDERAL MARITIME COMMISSION Dated: April 26, 1999. necessary for 1988 through 1990 model By Order of the Federal Maritime year engines, are the original programs Notice of Agreement(s) Filed Commission. developed by DDC for 1991 through The Commission hereby gives notice Bryant L. VanBrakle, 1993 engines. As discussed in the of the filing of the following Secretary. Federal Register notice describing the agreement(s) under the Shipping Act of [FR Doc. 99–10757 Filed 4–28–99; 8:45 am] certification of the Engelhard ETX 2002 1984. BILLING CODE 6730±01±M rebuild kit (63 FR 50225; September 21, Interested parties can review or obtain 1998), EPA expressed concern with copies of agreements at the Washington, programs designed to decrease fuel DC offices of the Commission, 800 FEDERAL MARITIME COMMISSION consumption during driving modes not North Capitol Street, NW, Room 962. substantially included in the federal test Interested parties may submit comments Security for the Protection of the procedure, that have the effect of on an agreement to the Secretary, Public Indemnification of Passengers substantially increasing NOx during Federal Maritime Commission, for Nonperformance of Transportation; these modes. Prior to certification of the Washington, DC 20573, within 10 days Notice of Issuance of Certificate candidate kit, EPA expects these of the date this notice appears in the (Performance) concerns to be addressed. Federal Register. Notice is hereby given that the Agreement No.: 202–009548–052. If EPA certifies the candidate following have been issued a Certificate Title: United States Atlantic and Gulf application to the 0.10 g/bhp-hr PM of Financial Responsibility for Ports/Eastern Mediterranean and North standard, then urban bus operators who Indemnification of Passengers for choose to comply with compliance African Freight Conference. Parties: Farrell Lines, Inc., Waterman Nonperformance of Transportation Option 1 of this program may use this pursuant to the provisions of section 3, equipment, or other equipment certified Steamship Corporation. Synopsis: The proposed Amendment Pub. L. 89–777 (46 U.S.C. 87(e)) and the to the 0.10 g/bhp-hr standard, when Federal Maritime Commission’s applicable engines are rebuilt or restates the Agreement, as well as, revising it to bring it into compliance implementing regulations at 46 CFR part replaced. Further, operators who chose 540, as amended: to comply under compliance Option 2 with the requirements of the Ocean of this program may also use the Shipping Reform Act and the Celebrity Cruises Inc., 1050 Caribbean Engelhard equipment. They would requirements of the European Union. Way, Miami, FL 33132,Vessels: claim the PM certification level for the Agreement No.: 202–011284–033. Century, Galaxy, Horizon, Mercury kit when calculating their fleet level Title: Equipment Interchange and Xenith attained. Discussion Agreement (‘‘EIDA’’). Clipper Cruise Line, Inc., 7711 Parties: APL Co. Pte Ltd; American The date of today’s notice initiates a Bonhomme Avenue, St. Louis, MO President Lines, Ltd.; A.P. Moller- 45-day period during which EPA will 63105–1965, Vessel: Nantucket Maersk Line; Hapag Lloyd Container Clipper accept written comments relevant to Linie GmbH; Mitsui O.S.K. Lines Ltd.; Premier Cruises, 901 S. America Way, whether or not the equipment described Orient Overseas Container Line, Inc.; Pier 7, Miami, FL 33132–2073, in the Engelhard application should be Orient Overseas Container Line (UK) Vessels: Oceanbreeze, Oceanic, certified. Interested parties are Ltd.; P&O Nedlloyd B.V.; P&O Nedlloyd Rembrandt and Seabreeze I encouraged to review this application, Limited; Nippon Yusen Kaisha Line; and provide comments related to Sea-Land Service, Inc. Radisson Seven Seas Cruises, Inc., 600 whether or not the equipment described Synopsis: The proposed amendment Corporate Drive, Suite 410, Ft. in it should be certified pursuant to the would restate the Agreement and clarify Lauderdale, FL 33334, Vessel: Seven urban bus retrofit/rebuild program. the authority of the members to discuss Seas Navigator Comments should be provided in and agree on various matters related to Royal Caribbean International, 1050 writing to the address listed under the the interchange of equipment. It also Caribbean Way, Miami, FL 33132, Addresses section of this document. authorizes two or more of the parties to Vessels: Enchantment of the Seas, EPA will review this application of meet with rail and motor carrier Grandeur of the Seas, Legend of the intent to certify, along with comments operators to discuss and agree upon Seas, Majesty of the Seas, Monarch of received from the interested parties, and matters pertaining to the use and the Seas, Nordic Empress, Rhapsody attempt to resolve or clarify issues as interchange of equipment, it would of the Seas, Sovereign of the Seas. necessary. During the review process, permit the members to establish Splendour of the Seas, Viking EPA may add additional documents to voluntary guidelines for service Serenade, Vision of the Seas and the docket as a result of the review contracts, and makes other non- Voyager of the Seas process. These documents will also be substantive changes to the Agreement. Silversea Cruises, Ltd. and Silver Wind available for public review and Agreement No.: 224–201003–002. Shipping Company S.A., 110 East comment. Title: Los Angeles—Matson Terminals Broward Blvd., Ft. Lauderdale, FL Dated: April 22, 1999. Terminal Agreement. 33301, Vessel: Silver Wind Parties: City of Los Angeles: Board of Robert Perciasepe, Harbor Commissioners Matson Dated: April 26, 1999. Assistant Administrator for Air and Terminals, Inc. Bryant L. VanBrakle, Radiation. Synopsis: The proposed amendment Secretary. [FR Doc. 99–10730 Filed 4–28–99; 8:45 am] extends the agreement through January [FR Doc. 99–10756 Filed 4–28–99; 8:45 am] BILLING CODE 6560±50±P 31, 2002. BILLING CODE 6730±01±M
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FEDERAL MARITIME COMMISSION Marietta Street, N.W., Atlanta, Georgia FEDERAL RESERVE SYSTEM 30303-2713: Security for the Protection of the Formations of, Acquisitions by, and 1. Charlotte L. Collins; D. Conner Public Financial Responsibility to Meet Mergers of Bank Holding Companies Collins; Benjamin A. Dismukes; Liability Incurred for Death or Injury to Passengers or Other Persons on Cornelia L. Savage; Montezuma, The companies listed in this notice Voyages; Notice of Issuance of Georgia; Carla T. Toal; Robert D. Toal; have applied to the Board for approval, Certificate (Casualty) Laurie Turner; Robert E. Turner; and pursuant to the Bank Holding Company Michelle B. Turner, all of Edison, Act of 1956 (12 U.S.C. 1841 et seq.) Notice is hereby given that the Georgia; to each collectively acquire (BHC Act), Regulation Y (12 CFR Part following have been issued a Certificate additional voting shares of BOE 225), and all other applicable statutes of Financial Responsibility to Meet Bancshares, Inc., Edison, Georgia, and and regulations to become a bank Liability Incurred for Death or Injury to thereby indirectly acquire Bank of holding company and/or to acquire the Passengers or Other Persons on Voyages Edison, Edison, Georgia. assets or the ownership of, control of, or pursuant to the provisions of Section 2, the power to vote shares of a bank or Pub. L. 89–777 (46 U.S.C. 817(d)) and B. Federal Reserve Bank of St. Louis (Randall C. Sumner, Vice President) 411 bank holding company and all of the the Federal Maritime Commission’s banks and nonbanking companies implementing regulations at 46 CFR Part Locust Street, St. Louis, Missouri 63102- 2034: owned by the bank holding company, 540, as amended: including the companies listed below. 1. Larry Dale Wernsing, Raymond, Cunard Line Limited (d/b/a Seabourn The applications listed below, as well Illinois; to retain voting shares of Cruise Line), 6100 Blue Lagoon Drive, as other related filings required by the # Raymond Bancorp, Inc., Raymond, 400 Miami, FL 33126. Vessel: Board, are available for immediate Illinois, and thereby indirectly retain SEABOURN LEGEND, SEABOURN inspection at the Federal Reserve Bank PRIDE and SEABOURN SPIRIT voting shares of The First National Bank indicated. The application also will be Norwegian Cruise Line Limited (d/b/a of Raymond, Raymond, Illinois. available for inspection at the offices of Norwegian Cruise Line), 7665 Board of Governors of the Federal Reserve the Board of Governors. Interested Corporate Center Drive, Miami, FL System, April 26, 1999. persons may express their views in 33126, Vessel: NORWEGIAN writing on the standards enumerated in MAJESTY Robert deV. Frierson, Associate Secretary of the Board. the BHC Act (12 U.S.C. 1842(c)). If the Silversea Cruises, Ltd. and Silver Wind proposal also involves the acquisition of [FR Doc. 99–10779 Filed 4–28–99; 8:45 am] Shipping Company S.A., 110 East a nonbanking company, the review also Broward Blvd., Ft. Lauderdale, FL BILLING CODE 6210±01±F includes whether the acquisition of the 33301. Vessel: SILVER WIND nonbanking company complies with the Dated: April 26, 1999. standards in section 4 of the BHC Act. FEDERAL RESERVE SYSTEM Bryant L. VanBrakle, Unless otherwise noted, nonbanking Secretary. Formations of, Acquisitions by, and activities will be conducted throughout [FR Doc. 99–10758 Filed 4–28–99; 8:45 am] Mergers of Bank Holding Companies; the United States. BILLING CODE 6730±01±M Correction Unless otherwise noted, comments regarding each of these applications This notice corrects a notice (FR Doc. must be received at the Reserve Bank FEDERAL RESERVE SYSTEM 99-10133) published on page 20003 of indicated or the offices of the Board of the issue for Friday, April 23, 1999. Governors not later than May 24, 1999. Change in Bank Control Notices; Under the Federal Reserve Bank of A. Federal Reserve Bank of Boston Acquisitions of Shares of Banks or Kansas City heading, the entry for (Richard Walker, Community Affairs Bank Holding Companies Amoret Bancshares, Butler, Missouri, is Officer) 600 Atlantic Avenue, Boston, Massachusetts 02106-2204: The notificants listed below have revised to read as follows: applied under the Change in Bank A. Federal Reserve Bank of Kansas 1. Ipswich Bancshares, Inc., Ipswich, Control Act (12 U.S.C. 1817(j)) and § City (D. Michael Manies, Assistant Vice Massachusetts; to become a bank 225.41 of the Board’s Regulation Y (12 President) 925 Grand Avenue, Kansas holding company by acquiring 100 percent of the voting shares of Ipswich CFR 225.41) to acquire a bank or bank City, Missouri 64198-0001: holding company. The factors that are Savings Bank, Ipswich, Massachusetts. 1. Amoret Bancshares, Butler, considered in acting on the notices are B. Federal Reserve Bank of Missouri; to acquire 100 percent of the set forth in paragraph 7 of the Act (12 Richmond (A. Linwood Gill III, U.S.C. 1817(j)(7)). voting shares of C.J. Bancshares, Inc., Assistant Vice President) 701 East Byrd The notices are available for Harrisonville, Missouri, and thereby Street, Richmond, Virginia 23261-4528: immediate inspection at the Federal indirectly acquire Citizens Bank of Missouri, Harrisonville, Missouri. 1. City Holding Company, Charleston, Reserve Bank indicated. The notices West Virginia; to merge with Frontier also will be available for inspection at Comments on this application must Bancorp, Redondo Beach, California, the offices of the Board of Governors. be received by May 17, 1999. and thereby indirectly acquire Frontier Interested persons may express their State Bank, Redondo Beach, California. views in writing to the Reserve Bank Board of Governors of the Federal Reserve System, April 26, 1999. indicated for that notice or to the offices Board of Governors of the Federal Reserve of the Board of Governors. Comments Robert deV. Frierson, System, April 26, 1999. must be received not later than May 14, Associate Secretary of the Board. Robert deV. Frierson, 1999. [FR Doc. 99–10778 Filed 4–28–99; 8:45 am] Associate Secretary of the Board. A. Federal Reserve Bank of Atlanta BILLING CODE 6210±01±F [FR Doc. 99–10780 Filed 4–28–99; 8:45 am] (Lois Berthaume, Vice President) 104 BILLING CODE 6210±01±F
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FEDERAL RETIREMENT THRIFT The goals of this program are to: KY; Maricopa, AZ; Marion, IN; INVESTMENT BOARD 1. Provide financial and technical Milwaukee, WI; Oklahoma, OK; Shelby, assistance to CBOs so they can provide TN; and Tuscaloosa, AL. The Sunshine Act Meeting HIV prevention services to African independent city is St. Louis, MO. American populations for which gaps in TIME AND DATE: 9:00 a.m. (EDT), May 10, 4. African Americans must serve in services are demonstrated; 1999. greater than 50 percent of key positions, 2. Support HIV prevention programs including management, supervisory, PLACE: 4th Floor, Conference Room, that are consistent with the HIV 1250 H Street, N.W., Washington, D.C. administrative, and service provision prevention priorities outlined in the positions (for example, executive STATUS: Open. jurisdiction’s comprehensive HIV director, program director, fiscal MATTERS TO BE CONSIDERED: prevention plan or adequately justify director, outreach worker, prevention 1. National Finance Center record addressing other priorities; case manager, counselor, group keeping and New TSP System. 3. Promote collaboration and facilitator, or trainer). 2. Congressional/agency/participant coordination of HIV prevention efforts 5. Documentation of an established liaison. among CBOs; HIV prevention 3. Benefits administration. record of services to the target community planning groups; and other population is required. An established 4. Investments. local, State, Federal, and privately 5. Participant communications. record is defined as a minimum of two funded programs. 6. Approval of the minutes of the years serving the target population. April 12, 1999, Board member meeting. B. Eligible Applicants 6. African American CBOs currently 7. Thrift Savings Plan activity report Eligible applicants are CBOs that meet funded under program announcement by the Executive Director. the following criteria (also see Proof of 704 that meet criteria one through five 8. Approval of the update of the FY Eligibility section): above are eligible to apply for funding 1999 budget and FY 2000 estimates. under this program announcement. 9. Approval of revised minimum 1. Have been granted tax-exempt status under section 501(c)(3), as However, awards to these currently qualifications for S Fund manager funded CBOs will not exceed $100,000 selection. evidenced by an Internal Revenue Service (IRS) determination letter. and no more than 10 such awards will 10. Investment policy review. be made. 11. Status of audit recommendations. 2. Have a board or governing body composed of greater than 50 percent 7. Faith-based community CONTACT PERSON FOR MORE INFORMATION: organizations that meet criteria one Thomas J. Trabucco, Director Office of African Americans. 3. Be located and provide services for through six above are eligible to apply. External Affairs, (202) 942–1640 African Americans in any of the For the purpose of this program John J. O’Meara following 20 high AIDS prevalence announcement, a faith-based Secretary to the Board, Federal Retirement metropolitan statistical areas (MSAs) 1 community organization is an Thrift Investment Board. with more than 1000 estimated African organization which has a religious, [FR Doc. 99–10870 Filed 4–27–99; 3:31 pm] Americans living with AIDS at the end faith, or spiritual focus or constituency, BILLING CODE 6760±01±M of 1997:2 (Please see Attachment 1 for a and has access to local religious, faith, complete listing of counties included in and spiritual leaders. Examples of each MSA) eligible organizations include DEPARTMENT OF HEALTH AND a. Atlanta, GA; Baltimore, MD; individual churches, mosques, or HUMAN SERVICES Boston-Worcester-Lawrence-Lowell- temples, or networks of same; or CBOs Brockton, MA-NH; Chicago, IL; Dallas, whose primary constituency is faith, Centers for Disease Control and TX; Detroit, MI; Fort Lauderdale, FL; spiritual, or religious communities, Prevention Houston, TX; Jacksonville, FL; Los organizations, or leaders thereof. [Program Announcement 99092] Angeles-Long Beach, CA; Miami, FL; 8. Two or more CBOs may apply as Newark, NJ; New Haven-Bridgeport- a collaborative partnership. In a Community Based Human Stamford-Danbury-Waterbury, CT; New collaborative contractual partnership, Immunodeficiency Virus (HIV) Orleans, LA; New York City, NY; one CBO must be the legal applicant Prevention Projects for African Oakland, CA; Philadelphia, PA–NJ; San and will function as the lead Americans; Notice of Availability of Francisco, CA; Washington, DC–MD– organization. The lead organization Funds VA–WV; and West Palm Beach-Boca must meet criteria one through five A. Purpose Raton, FL. specified above. Collaborating OR organizations must meet criteria 3.a. or The Centers for Disease Control and b. Be located or provide services for 3.b. above. Prevention (CDC) announces the African Americans in any of the availability of fiscal year (FY) 1999 following counties or independent city, Note: A CBO can only submit one funds for a cooperative agreement application under this announcement; that is, not included in the list of MSAs above, it may apply as an individual organization or program to support community-based that had the most syphilis cases in 1997. as part of a collaboration, but not both. organizations (CBOs) to develop and The counties are: Cumberland, NC; implement effective community-based Cuyahoga, OH; Davidson, TN; Forsyth, 9. Local affiliates, chapters, or HIV prevention programs for African NC; Franklin, OH; Fresno, CA; Guilford, programs of national and regional American populations. These CBOs NC; Hinds, MS; Jefferson, AL; Jefferson, organizations are eligible to apply. The should have evolved from and be local affiliate, chapter, or program located within the communities they 1 OMB Bulletin 98–06 available at http:// applying must meet criteria one through serve. This program addresses the www.census.gov/population/www/estimates/ eight above. ‘‘Healthy People 2000’’ priority areas of metrodef.html. 10. Governmental or municipal 2 HIV/AIDS Surveillance Supplemental Reports: Educational and Community Based Characteristics of Persons Living with AIDS at the agencies, their affiliate organizations or Programs, HIV Infection, and Sexually End of 1997. Volume 5, Number 1 available at http:/ agencies (e.g., health departments, Transmitted Diseases (STDs). /www.cdc.gov/nchstp/hivlaids/stats/hasrlink.htm. school boards, public hospitals), and
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Address organization described in section 501(c)(4) of toward achieving objectives. comments to: Albertha Carey, Grants the Internal Revenue Code of 1986 that Satisfactory progress toward achieving Management Specialist, Grants engages in lobbying activities is not eligible objectives will be determined by Management Branch, Procurement and to receive Federal funds constituting an progress reports and site visits Grants Office 2920 Brandywine Road, award, grant, cooperative agreement, conducted by CDC representatives. Room 3000, Mailstop E–15, Atlanta, contract, loan or any other form. Proof of continued eligibility is required Georgia 30341–4146. with noncompeting continuation C. Availability of Funds Funding Preference applications. Approximately $9,000,000 is available Note: Funds to support CBOs to provide In making awards, preference for in FY 1999 to fund approximately 45 funding will be given to: awards. It is expected that awards will HIV prevention services to African American Ensuring a geographic distribution of begin on or about September 30, 1999 communities are also available under Program Announcement 99091—Community CBO awards, based on AIDS morbidity and will be made for a 12-month budget Based HIV Prevention Services and Capacity in African Americans. period within a project period of up to Building Assistance to Organizations Serving 4 years. Gay Men of Color at Risk for HIV Infection, D. Program Requirements 1. Approximately $7,200,000 will be and Program Announcement 99096— HIV HIV prevention interventions are awarded to CBOs which are located and Prevention Projects for African American specific activities (or set of related provide services for African Americans Faith Based Organizations. Eligible activities)using a common method of in the 20 high AIDS prevalence MSAs organizations may apply for and receive delivering the prevention messages to with more than 1000 estimated African funding under more than one of these reach persons at risk of becoming HIV- Americans living with AIDS at the end announcements; however, the total combined funding provided to any organization under infected or, if already infected, of of 1997 (see Section B.3.a., above). It is these three announcements will not exceed transmitting the virus to others. The expected that the average award will be $300,000. goal of HIV prevention interventions is $200,000, ranging from $150,000 to to bring about HIV risk reduction in a $300,000. Applications requesting more Use of Funds particular population. than $300,000, including indirect costs, Funds provided under this In order to maximize the effective use will not be considered. announcement must support activities 2. Approximately $1,800,000 will be of CDC funds, each applicant must directly related to primary HIV conduct at least one of the following awarded to CBOs located OR providing prevention. However, intervention services for African Americans in the priority HIV prevention interventions: activities which involve preventing (1) HIV Counseling, Testing, and counties and independent city with the other STDs or substance abuse as a most syphilis cases in 1997 but not Referral Services; (2) Individual Level means of reducing or eliminating the Interventions; (3) Group Level included in the top 20 MSAs (See risk of HIV transmission may also be Section B.3.b., above). It is expected that Interventions; (4) Community Level supported. No funds will be provided Interventions; and (5) Street and the average award will be $200,000, for direct patient medical care ranging from $150,000 to $250,000. Community Outreach. A brief (including substance abuse treatment, description of these priority Applications for more than $250,000 medical treatment, or medications) or will not be considered. interventions is provided in Attachment research. 2. Also, please reference the materials 3. Approximately $900,000 of the Applicants may contract with other included in the tool kit for additional funds in Sections C.1 and C.2 above organizations under these cooperative information about these interventions. (which total $9,000,000), may be agreements; however, applicants must The tool kit will be sent with the awarded to CBOs currently funded perform a substantial portion of the application packet. under Program Announcement 704 that activities (including program (a) are located and provide services for management and operations and Although activities may overlap from African Americans in any of the 20 high delivery of prevention services) for one type of intervention to another (e.g., AIDS prevalence 20 MSAs listed in which funds are requested. Applications individual or group level interventions Section B.3.a., above; or (b) are located requesting funds to support only may be a part of a community-level OR provide services in the counties and administrative and managerial functions intervention), each applicant must one independent city listed in Section will not be accepted. indicate which one of the five B.3.b., above. Awards for CBOs interventions is the primary focus. currently funded under Program Funding Priorities Because of the resources, special Announcement 704 will not exceed In making awards, priority for funding expertise, and organizational capacities $100,000. Applications for more than will be given to: needed for success, applicants should $100,000 will not be considered. In Ensuring a distribution of CBO carefully consider the feasibility of addition, the total individual awards awards in terms of targeted risk undertaking more than two of the including funds provided under behaviors, based on AIDS morbidity in priority interventions listed. Recipients Program Announcement 704 and this African Americans. proposing to conduct more than two of announcement will not exceed a Interested persons are invited to these priority prevention interventions combined total of $300,000. Funds comment on the proposed funding must demonstrate the capacity to awarded to currently funded CBOs must priority. All comments received within implement them effectively. be used to enhance or expand existing 30 days after publication in the Federal In conducting activities to achieve the activities and not to supplant funds Register will be considered before the purpose of this program, the recipient from other sources. final funding priority is established. If will be responsible for the activities Funding estimates may change based the funding priority changes because of under number 1. (Recipient Activities) on the availability of funds. comments received, a revised and CDC will be responsible for
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Assist in the design and are consistent with applicable State and internet, communications with project implementation of program evaluation local comprehensive HIV prevention officers, and other capacity-building and activities, including provision of plans or adequately justify addressing technology transfer mechanisms. evaluation forms, if appropriate. other priorities. m. Work with CDC-funded capacity- e. Assist recipients in collaborating c. Provide—or assist high risk clients building assistance programs to meet with State and local health departments, in gaining access to—HIV counseling, your and other organizations’ capacity- community planning groups, and other testing, and referral for other needed building needs. federally supported HIV/AIDS services. n. Develop and implement a plan for recipients. d. Conduct health education and risk obtaining additional resources from reduction interventions for persons at f. Facilitate the transfer of successful non-CDC sources to supplement the prevention interventions, program high risk of becoming infected or program conducted through this transmitting HIV to others. models, and ‘‘lessons learned’’ through cooperative agreement and to enhance convening meetings of grantees, e. Assist HIV-positive persons in the likelihood of its continuation after gaining access to appropriate HIV workshops, conferences, newsletters, the end of the project period. use of the internet, and communications treatment and other early medical care, o. Adhere to CDC policies for securing with project officers. Also facilitate substance abuse prevention services, approval for CDC sponsorship of exchange of program information and STD screening and treatment, conferences. reproductive and perinatal health p. Before using funds awarded technical assistance among community services, partner counseling and referral through this cooperative agreement to organizations, health departments, and services, psychosocial support, mental develop HIV prevention materials, national and regional organizations. health services, TB prevention and recipients must check with the CDC g. Monitor the recipient’s performance treatment, primary HIV prevention such National Prevention Information of program activities, protection of as health education and risk reduction Network (NPIN) to determine if suitable client confidentiality, and compliance services, and other supportive services. materials are already available. Also, with other requirements. High-risk clients who test negative materials developed by recipients must h. Conduct an overall evaluation of should be referred to appropriate health be made available for dissemination this cooperative agreement program. education and risk reduction services through the CDC NPIN. E. Application Content and other appropriate prevention and CDC’s National Prevention treatment services. Information Network (NPIN) maintains Use the information in the Program f. Ensure adequate protection of client a collection of HIV, STD and TB Requirements, Other Requirements, and confidentiality. resources for use by organizations and Application Evaluation Criteria sections g. Coordinate and collaborate with the public. Successful applicants may to develop the application content. Your health departments, community be contacted by NPIN to obtain application will be evaluated on the planning groups, and other information on program resources for criteria listed, so it is important to organizations and agencies involved in use in referrals and resource directories. follow them in laying out your program HIV prevention activities, especially Also, grantees should send three copies plan. The narrative should be no more those serving the target population. of all educational materials and than 33 double-spaced pages (not h. Participate in the HIV prevention resources developed under this grant for including the budget or attachments). community planning process. inclusion in NPIN’s databases. Number each page clearly, and Participation may include involvement NPIN also makes available provide a complete Table of Contents to in workshops; attending meetings; if information and technical assistance the application and its appendices. nominated and selected, serving as a services for use in program planning Please begin each separate section of the member of the group; reporting on and evaluation. For further information application on a new page. The original program activities; or reviewing and on NPIN services and resources, contact and each copy of the application set commenting on plans. NPIN at 1–800–458–5231 (TTY users: 1– must be submitted unstapled and i. Incorporate cultural competency 800–243–7012). NPIN’s web site is unbound. All material must be and linguistic and developmental www.cdcnpin.org; the fax number is 1– typewritten, single spaced, with appropriateness into all program 888–282–7681. unreduced 12 point or 10 pitch font on activities and prevention messages. 81⁄2′′ by 11′′ paper, with at least 1′′ j. Coordinate program activities with 2. CDC Activities margins, headings and footers, and relevant national, regional, State, and a. Coordinate a national capacity printed on one side only. Materials local HIV prevention programs to building and technology transfer which should be part of the basic prevent duplication of efforts. network. narrative will not be accepted if placed k. Monitor and evaluate major b. Provide consultation and technical in the appendices. program and intervention activities and assistance in planning, implementing, In developing the application, you services supported with CDC HIV and evaluating prevention activities. must follow the format and instructions prevention funds under this cooperative CDC may provide consultation and below: agreement. This should include technical assistance both directly and assessing client satisfaction periodically indirectly through prevention partners Format via quantitative (e.g., periodic surveys) such as health departments, national 1. Abstract
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2. Assessment of Need and Justification for and risk-reduction efforts provided by from, members of the target Proposed Activities other organizations to address the needs population(s) (for example, men who 3. Long-term Goals of the target population(s), and an have sex with men, youth at risk, 4. Organizational History and Capacity analysis of the gap between the women at risk, transgender populations, 5. Program Plan identified need and the resources 6. Program Evaluation Plan HIV-positive individuals, substance 7. Communications and Dissemination Plan currently available to address the need abusers). 8. Plan for Acquiring Additional Resources (i.e., How will the proposed b. Past and current experience in 9. Budget and Staffing Breakdown and intervention(s) address an important developing and implementing effective Justification unmet HIV prevention need?). HIV prevention strategies and activities, 10. Training and Technical Assistance Plan d. Describe the specific behaviors and and in developing and implementing 11. Attachments practices that the proposed interventions similar to the one(s) intervention(s) is designed to promote Instructions proposed in this application. and prevent (e.g., increases in correct c. The process in your organization 1. Abstract and consistent condom use, knowledge for making major programmatic (Not to exceed 2 pages): Summarize of serological status, not sharing decisions. which intervention category of the five needles, and enrollment in drug d. Mechanisms used by your priority HIV prevention interventions— treatment and other preventive organization to monitor program (1) HIV Counseling, Testing, and programs). implementation and quality assurance. Referral Services; (2) Individual Level e. Describe how your proposed e. Experience in working or Interventions; (3) Group Level intervention(s) complements the HIV collaborating with governmental and Interventions; (4) Community Level prevention priority populations and non-governmental organizations, Interventions; and (5) Street and interventions identified in the including State and local health Community Outreach)—you intend to applicable State or local comprehensive departments, local and State non- implement and your proposed HIV prevention plan(s). If the governmental organizations, national intervention activities. Include the comprehensive HIV prevention plan agencies or organizations, community following: does not prioritize the needs that you planning groups, and other groups that a. Brief summary of the need for the have identified, justify the need and the provide HIV prevention services. proposed activities; priority of your proposed intervention f. Capacity to provide the proposed b. Long-term goals; activities and summarize how the interventions in a manner that is c. Brief summary of proposed plan of activities address prevention gaps and culturally competent and linguistically operation, including the population(s) complement ongoing prevention efforts. and developmentally appropriate, and to be served, activities to be undertaken, State why the funds being applied for in which responds effectively to the and services to be provided; and this application are necessary to address gender, environmental, and social d. Brief summary of plans for the need. A list of the names and characteristics of the target populations. evaluating the activities of this project. telephone numbers of State health g. For any of the above areas in which department contacts from whom you you do not have direct experience or 2. Assessment of Need and Justification may obtain a copy of the jurisdiction’s for Proposed Activities current capacity, describe how you will comprehensive HIV prevention plan is ensure that your organization will gain (Not to exceed 5 pages): provided with the application kit; capacity (e.g., through staff a. Describe the population(s) for f. Explain any specific barriers to the development, collaboration with other which your proposed intervention(s) implementation of your proposed organizations, or a contract). will provide services. intervention(s) and how you will b. Describe the impact of the AIDS overcome these barriers. 5. Program Plan epidemic on the priority population and their community and any specific 3. Long-Term Goals (Not to exceed 10 pages): Use this environmental, social, cultural, or (Not to exceed 2 pages): Describe the section to describe the specific linguistic characteristics of the priority broad HIV prevention goals that your characteristics of your proposed populations which you have considered proposed intervention(s) aims to intervention(s). and addressed in developing prevention achieve by the end of the project period a. Involvement of the target strategies, such as: (four years). population: Describe how the target (1) HIV prevalence and incidence (if population is, or will be, involved in 4. Organizational History and Capacity available), reported AIDS cases, and the planning, implementing, and evaluating proportion that engages in specific risk (Not to exceed 4 pages) Describe the activities and services throughout the behaviors (sexual behaviors, substance following: project period. use, etc.) in the target population; a. Organizational structure, including b. Intervention Objectives: Develop (2) HIV/AIDS-related baseline the role, responsibilities, and racial/ process objectives that are specific, knowledge, attitudes, beliefs, and ethnic composition of board of measurable, appropriate, realistic, and behaviors; directors; committee structure of board time-based. Process objectives focus on (3) Patterns of substance use and rates of directors; organizational the projected amount, frequency, and of STDs and tuberculosis (TB); and management, administrative and duration of the intervention activities (4) Other relevant information. program components; constituent or and the number and characteristics of (Specify) affiliate organizations or networks; how the target population to be served. If c. Identify the need that will be the organizational structure will support applicable, describe how the objectives addressed by your proposed the proposed intervention activities; and are related to the prevention priorities intervention(s), and describe how you how the structure offers the capacity to outlined in the jurisdiction’s assessed the need. Include reach targeted populations. Describe comprehensive HIV prevention plan. epidemiologic and other data that were how the organizational structure Describe potential barriers to or used to identify the need. Include a includes, or has the ability to obtain facilitators for reaching these objectives. description of existing HIV prevention meaningful input and representation c. Plan of Operation:
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(1) Describe the specific activities to collaborating entity in developing and a system for managing information be conducted or services to be provided implementing the program. about proposed interventions, to accomplish the objectives and where (2) Specify any and all organizations evaluation consultants, NRMOs, etc). these activities or services will take and agencies with which you will b. A list of who will be involved in place. Make certain that your proposal establish linkages and coordinate implementing the evaluation and addresses all required activities. The activities, and describe the activities identify their roles. Describe who will following four HERR interventions will that will be coordinated with each listed collect, report, enter, and analyze data. be funded: Individual level (including organization. These may include, as c. A description of the data that will prevention case management (PCM)), appropriate, the following: be collected. To assure valid data are group level, community level (a) Community groups and collected, established instruments interventions, and street and organizations, including churches and should be used when feasible. community outreach. Each recipient religious groups; Established instruments include those must conduct at least one of these (b) HIV/AIDS service organizations; that have been either science-based or interventions. Applicants should not (c) Ryan White CARE Title I and Title previously administered in effective apply for more interventions than they II planning bodies; HIV prevention interventions. In can conduct effectively. (d) Schools, boards of education, and addition, data sources should be (2) Describe your mechanisms for other State or local education agencies; verifiable through appropriate soliciting clients into the program and (e) State and local substance abuse documentation (such as storing original obtaining informed consent. agencies, community-based and other data for the duration of the cooperative (3) Describe your staffing plan and the drug treatment or detoxification agreement). Examples of data that could responsibilities each staff position will programs; be collected include: have in conducting the proposed (f) Federally funded community (1) Detailed information on the activities. Describe how the proposed projects, such as those funded by the specific intervention service(s). program will be managed, including the Substance Abuse and Mental Health (2) The number of persons who location of the program within your Services Administrations’ (SAMSHA) received the service(s) by (a) risk organization. Center for Substance Abuse Treatment categories (MSM, IDU, etc.) and (b) (4) Describe the potential for (CSAT) and Center for Substance Abuse demographics, such as age, race and volunteer involvement in your program. Prevention (CSAP), the Health and ethnicity, gender, and if appropriate and If volunteers will be involved, describe Human Services’ Health Resource available, sexual orientation. plans to recruit, train, place, and retain Services Administration (HRSA), Office (3) When and how often the volunteers. of Minority Health (OMH), and other intervention service was provided. (4) Where the intervention service (5) Describe how you will market and Federal entities; was provided (e.g., CTRPN site, STD promote your program in the (g) Providers of services to youth in high risk situations (e.g., youth in clinic, street corner, housing project). community. (5) Documents referral systems, (6) Describe how you will prioritize shelters); (h) State or local departments of including the number of persons the program activities to place emphasis mental health; referred; how you intend to determine on populations or communities that are (i) Juvenile and adult criminal justice, the success of referral systems (e.g., the at high risk for HIV infection. correctional, or parole systems and number actually receiving services by d. Appropriateness of Interventions: programs; referral sites); and how well the system Describe mechanisms that will be (j) Family planning and women’s functions in identifying referral used to ensure client satisfaction. health agencies; and services. Describe how you will ensure that the (k) STD and TB clinics and programs. (6) Describe client satisfaction with proposed interventions and services are (3) Describe how referrals to other HIV prevention intervention services. culturally competent; sensitive to issues service providers will be initiated. d. Discuss how data will be collected, of sexual orientation; developmentally, (4) Provide a timeline that identifies managed, and monitored over time. educationally, and linguistically major implementation steps and assigns Address ways to collect, report, enter, appropriate; and targeted to the needs of approximate dates for the inception and and analyze data as well as how you the target populations. completion of each. would use data for program e. Scientific, Theoretical, Conceptual, improvement. Describe how often data or Program Experience Foundation for 6. Quality Assurance and Program will be collected. Discuss how data Proposed Activities: Provide a detailed Evaluation Plan security will be maintained and client description of the program experience (Not to exceed 5 pages): The plan confidentiality assured. or scientific, theoretical, or conceptual should describe when and how e. Discuss how you will assess the foundation on which the proposed evaluation activities will be performance of staff to ensure that they activities are based and which support implemented. At a minimum, the plan are providing information and services the potential effectiveness of these should outline strategies for accurately and effectively. activities for addressing the stated implementing process evaluation of Because of the additional cost and needs. interventions to determine if the process need for scientific support beyond the f. Collaborations, Linkages, and objectives are being achieved. Indicate scope of these cooperative agreements, Coordination: which member(s) of the staff will be you may not be able to conduct outcome (1) Describe any formal collaborations responsible for implementing the evaluations (i.e., long-term effects of the with State or local health departments, evaluation plan. program in terms of changes in behavior community planning groups, and other Your process evaluation plan should or health status, such as changes in HIV appropriate service groups or include the following: incidence after the intervention) with organizations that will be used in the a. A list of resources available to the funds provided through this cooperative development and implementation of organization to carry out process agreement. CDC will continue to your program. Describe the respective evaluation (e.g., provider staff, health support special projects to evaluate the roles and responsibilities of each department staff, data experts to design behavioral and other outcomes of
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Communications and Dissemination Also, describe anticipated staff training (7) A separate sheet of paper stating Plan needs related to the proposed program if your organization is currently funded and how these needs will be met. under CDC Program Announcement (Not to exceed 2 pages): Describe how Describe your plan for providing 704, Community Based HIV Prevention you will share successful approaches ongoing training to ensure that staff are Projects. and ‘‘lessons learned’’ with other knowledgeable about HIV and STD risks b. Other Attachments organizations. and prevention measures. This 8. Plan for Acquiring Additional information will assist CDC to better (1) A list of all collaborating or Resources address your needs and help you to coordinating entities and memoranda of identify technical assistance and understanding or agreement as evidence (Not to exceed 1 page): Describe how training providers. of these established or agreed-upon you will develop and implement a plan collaborative or coordinating for obtaining additional resources from 11. Attachments relationships. Memoranda of agreement other (non-CDC) sources to supplement a. Proof of Eligibility should specifically describe the proposed collaborative activities. the program conducted through this Each applicant must provide Evidence of continuing collaboration cooperative agreement and to increase documentation that they comply with must be submitted each year to ensure the likelihood of its continuation after all eligibility requirements specified that the collaborative relationships are the end of the project period. under the ‘‘Eligible Applicants’’ section still in place. Memoranda of agreement of this program announcement. 9. Budget/Staffing Breakdown and from health departments should include Applicants should provide a separate Justification a statement that they have reviewed section within this Attachments section your application for these funds. a. Detailed Budget: Provide a detailed, that is entitled Proof of Eligibility to separate budget for each intervention include the documents listed below. (2) A list of major community proposed (i.e., CTR, individual level, Failure to provide the required resources and health care providers to group level, community level, or street documentation will result in which referrals will be made; and community outreach), with disqualification. (3) Protocols to guide and document accompanying justification of all (1) IRS determination letter of your training, activities, services, and operating expenses that is consistent organization’s 501(c)(3) tax-exempt referrals (e.g., applicants seeking funds with the stated objectives and planned status. for Street and Community Outreach priority activities. CDC may not approve (2) A list of the members of your Interventions must provide a or fund all proposed activities. Be organization’s governing body along description of the policies and precise about the program purpose of with their positions on the board, their procedures that will be followed to each budget item and itemize expertise in working with or providing assure the safety of outreach staff). calculations wherever appropriate. services to the proposed target (4) Samples of data collection tools For contracts, applicants should name population, and their racial/ethnic that will be used in performing, the contractor, if known; describe the backgrounds. (Submission of monitoring, or evaluating program services to be performed which justifies information regarding the HIV status or activities, if available. the use of a contractor; provide a other confidential information regarding (5) A description of funds received breakdown of and justification for the the board is optional, and must not be from any source to conduct HIV/AIDS estimated costs of the contracts; the linked to a specific individual.) programs and other similar programs period of performance; the method of (3) Documentation that your targeting the population proposed in the selection; and method of monitoring the organization is located and provides program plan. This summary must contract. services in one of the 20 eligible MSAs include: (1) The name of the sponsoring b. Staffing Plan: Provide a job or eligible counties or independent city. organization/source of income, amount description for each position specifying This documentation could include of funding, a description of how the job title; function, general duties, and letters of support, news articles, funds have been used, and the budget activities; salary range or rate of pay; brochures or flyers, annual reports, period; (2) a summary of the objectives and the level of effort and percentage of memoranda of agreement, or client and activities of the funded program(s); time spent on activities funded through surveys. and (3) an assurance that the funds this cooperative agreement. If the (4) A Table of Organization of existing being requested will not duplicate or identity of any key personnel who will and proposed staff, including the board supplant funds received from any other fill a position is known, her/his name of directors, volunteer staff, and their Federal or non-Federal source. CDC and resume should be attached. racial/ethnic backgrounds. awarded funds can be used to expand or Experience and training related to the (5) Documentation that your enhance services supported with other proposed project should be noted. If the organization has an established record Federal or non-Federal funds. In identity of staff is not known, describe of providing services to the target addition, identify proposed personnel your recruitment plan. If volunteers are population for at least two years, and a devoted to this project who are involved in the project provide job description of the specific services that supported by other funding sources and descriptions. have been provided. the activities they are supporting.
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(6) Independent audit statements from b. The degree to which the applicant 5. Program Plan (45 total points) a certified public accountant for the describes the specific behaviors and a. Involvement of the target previous 2 years. practices that the interventions are population (5 points) The degree to (7) A copy of your organization’s designed to promote and prevent (i.e., which the applicant describes the current negotiated Federal indirect cost increases in correct and consistent involvement of the target population in rate agreement, if applicable. condom use, knowledge of serological planning, implementing, and evaluating Note: Materials submitted as attachments status, not sharing needles, and activities and services throughout the should be printed on one side of 81⁄2 x 11 enrollment in drug treatment and other project period. paper. Please do not attach bound materials preventive programs). (5 points) b. Intervention Objectives. (5 points) such as booklets or pamphlets. Rather, c. The quality of the applicant’s plan Degree to which the proposed process submit copies of the materials printed on one to ensure consistency with the State and objectives are specific, measurable, side of 81⁄2 x 11 paper. Bound materials may local comprehensive HIV prevention appropriate, realistic, and time-based, not be reviewed. plans and, if applicable, the adequacy related to the proposed activities, and F. Submission and Deadline with which the applicant demonstrates consistent with the program’s long-term the rational for deviating from the goals; and the extent to which the Submit the original and two copies of jurisdiction’s comprehensive HIV applicant identifies possible barriers to PHS 5161 (OMB Number 0937–0189). prevention plan. (5 points) or facilitators for reaching these Forms are in the application kit. On or 3. Long-term Goals (5 points) The objectives. before June 28, 1999, submit the quality of the applicant’s stated goals c. Plan of Operation (15 points) The application to: Albertha Carey, Grants and the extent to which they are quality of the applicant’s plan for Management Specialist, Grants consistent with the purpose of this conducting program activities, and the Management Branch, Procurement and cooperative agreement, as described in potential effectiveness of the proposed Grants Office, Program Announcement this program announcement. activities in meeting objectives. (99092), Centers for Disease Control and 4. Organizational History and d. Appropriateness of Interventions: Prevention, 2920 Brandywine Road, Capacity. (15 points) The extent of the (5 points) The degree to which the Room 3000, Mailstop E–15, Atlanta, applicant’s documented experience, applicant describes how the proposed Georgia 30314–4146. capacity, and ability to address the priority interventions and services are Applicants should simultaneously identified needs and implement the culturally competent, sensitive to issues submit a copy of the application to their proposed activities, including: of sexual orientation, developmentally State HIV/AIDS Directors. a. How the applicant’s organizational appropriate, linguistically-specific, and Deadline: Applications shall be structure and planned collaborations educationally appropriate. considered as meeting the deadline if (including constituent or affiliated e. Scientific, Theoretical, Conceptual, they are either: organizations or networks) will support or Program Experience Foundation for (a) Received on or before the deadline the proposed program activities, and Proposed Activities (5 points) The date; or how the proposed program will have the degree to which the applicant provides (b) Sent on or before the deadline date capacity to reach targeted populations; a detailed description of the scientific, and received in time for orderly (3 points) theoretical, conceptual, or program processing. (Applicants must request a b. Applicant’s past and current experience foundation on which the legibly dated U.S. Postal Service experience in developing and proposed activities are based and which postmark or obtain a legibly dated implementing effective HIV prevention support the potential effectiveness of receipt from a commercial carrier or strategies and activities, and in these activities for addressing the stated U.S. Postal Service. Private metered developing and implementing programs need. postmarks shall not be acceptable as similar to those proposed in this f. Collaborations, Linkages, and proof of timely mailing.) application; (3 points) Coordination (5 points) Appropriateness Late Applications: Applications c. Applicant’s experience and ability of collaboration and coordination with which do not meet the criteria in (a) or in collaborating with governmental and other organizations serving the same (b) above are considered late non-governmental organizations, priority population(s). At minimum, the applications, will not be considered, including other national agencies or applicant provides a description of the and will be returned to the applicant. organizations, State and local health collaboration or coordination and a departments, community planning signed memoranda of agreement for G. Evaluation Criteria groups, and State and local non- each agency with which collaborative Each application will be evaluated governmental organizations that provide activities are proposed, and other individually against the following HIV prevention services; (3 points) evidence of collaboration that describe criteria by an independent review group d. Applicant’s capacity to obtain previous, current, as well as future areas appointed by CDC. meaningful input and representation of collaboration. Evaluation Criteria from members of the target g. Timeline: (5 points) The extent to population(s) and to provide culturally which the applicant’s proposed timeline 1. Abstract (not scored) competent and appropriate services is specific and realistic. 2. Assessment of Need and Justification which respond effectively to the 6. Quality Assurance and Program for the Proposed Activities (15 cultural, gender, environmental, social, Evaluation Plan (10 points) The points) and multilingual character of the target potential of the evaluation plan to a. The extent to which the applicant audiences, including documentation of describe when and how evaluation soundly and convincingly documents a any history of providing such services; activities will be implemented by the substantial need for the proposed (3 points) and applicant; the extent to which the program and activities; and the degree e. Plans to ensure capacity to evaluation plan is realistic and feasible, to which the proposed activities are implement proposed program where no taking into account the applicant’s consistent with the Recipient Activities direct experience or capacity currently unique needs, resources, capabilities, described in the Program Requirements exists within the applicant organization. and priorities; and the extent to which Section. (5 points) (3 points) a plan has been created that will guide
VerDate 26-APR-99 16:24 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\29APN1.XXX pfrm08 PsN: 29APN1 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Notices 23083 the collection of data for improving HIV 2. Send all reports to: Ron Van Duyne, Albertha Carey, Grants Management prevention efforts and informing Grants Management Officer, Grants Specialist, Grants Management Branch, stakeholders of the progress made in Management Branch, Procurement and Procurement and Grants, Office Program HIV prevention. Grants Office, Centers for Disease Announcement [99092], Centers for 7. Communication and Dissemination Control and Prevention 2920 Disease Control and Prevention (CDC), Plan (5 points) The degree to which the Brandywine Road, Room 3000, Mailstop 2920 Brandywine Road, Room 3000, applicant describes how successful E–15, Atlanta, GA 30341–4146. Atlanta, GA 30341–4146, Telephone approaches and ‘‘lessons learned’’ will 3. The following additional (770) 488–2735, E-mail [email protected]. be documented and shared with other requirements are applicable to this For program technical assistance, organizations. program. For a complete description of contact: Tomas Rodriguez, Community 8. Plan for Acquiring Additional each, see Attachment 3 in the Assistance, Planning, and National Resources (5 points) The degree to application kit. Partnerships Branch, National Center for which the applicant describes plans to AR–4 HIV/AIDS Confidentiality HIV, STD, and TB Prevention, Centers develop and implement a plan for Provisions for Disease Control and Prevention obtaining additional resources from AR–5 HIV Program Review Panel (CDC), 1600 Clifton Road, M/S E–58, other (non-CDC) sources to supplement Requirements Atlanta, GA 30333, Telephone number the program conducted through this AR–7 Executive Order 12372 Review (404) 639–5240, Email address: cooperative agreement and to increase AR–8 Public Health System Reporting [email protected] (‘‘0’’ is the number, not the the likelihood of its continuation after Requirements letter ‘‘o’’). the end of the project period. AR–9 Paperwork Reduction Act 9. Budget and Staffing Breakdown and Requirements See also the CDC home page on the Justification (not scored) AR–10 Smoke-Free Workplace Internet: http://www.cdc.gov. a. Budget Appropriateness of the Requirements Dated: April 23, 1999. budget for the proposed project. AR–11 Healthy People 2000 John L. Williams, b. Personnel Appropriateness of the AR–12 Lobbying Restrictions AR–14 Accounting System Director, Procurement and Grants Office, staffing pattern for the proposed project. Centers for Disease Control and Prevention 10. Training and Technical Assistance Requirements (CDC). Plan (not scored) The extent to which the applicant I. Authority and Catalog of Federal [FR Doc. 99–10700 Filed 4–28–99; 8:45 am] describes areas in which technical Domestic Assistance Number BILLING CODE 4163±18±P assistance is anticipated in designing, This program is authorized under implementing, and evaluating the sections 301(a) and 317 of the Public proposed program and how the Health Service Act, 42 U.S.C. 241(a) and DEPARTMENT OF HEALTH AND applicant will obtain this technical 247b as amended. The Catalog of HUMAN SERVICES assistance. The extent to which the Federal Domestic Assistance Number is Food and Drug Administration applicant describes anticipated staff 93.939, HIV Prevention Activities— training needs related to the proposed Nongovernmental Organization Based. [Docket No. 98N±1109] program and how these needs will be J. Where To Obtain Additional met. The extent to which the applicant Information Mercury Compounds in Drugs and describes a plan for providing ongoing Food; Request for Data and To receive additional written training to staff. Information Before final award decisions are information and to request an made, CDC will either make application and tool kit, call NPIN at 1– AGENCY: Food and Drug Administration, predecisional site visits to CBOs whose 800–458–5231 (TTY users: 1–800–243– HHS. applications are highly ranked or review 7012); visit their web site: ACTION: the items below with the local or State www.cdcnpin.org/program; send Notice; followup request for health department and applicant’s board requests by fax to 1–888–282–7681 or data and information. send requests by e-mail: application- of directors. SUMMARY: The Food and Drug a. The organizational and financial [email protected]. This information is Administration (FDA) is announcing a capability of the applicant to implement also posted on Division of HIV/AIDS followup to its call-for-data, which was the proposed program. Prevention (DHAP) website at http:// b. The special programmatic l published in the Federal Register of www.cdc.gov/nchstp/hiv aids/ December 14, 1998 (63 FR 68775), to conditions and technical assistance funding/toolkit/. requirements of the applicant. CDC maintains a Listserv (HIV–PREV) identify food and drug products that A business management and fiscal related to this program announcement. contain intentionally introduced recipient capability assessment may be By subscribing to the HIV–PREV mercury compounds, e.g., mercurous required of some applicants prior to the Listserv, members can submit questions chloride, mercuric chloride, award of funds. and will receive information via e-mail phenylmercuric acetate, thimerosal (hereinafter referred to as the December H. Other Requirements with the latest news regarding the program announcement. Frequently 1998 call-for-data notice). The agency is 1. Technical Reporting Requirements. asked questions on the Listserv will be seeking both quantitative and Provide CDC with the original plus qualitative information about the two copies of: posted to the Web site. You can subscribe to the Listserv on-line or via mercury compounds in these food and a. Progress reports quarterly, no more drug products. The agency is requesting than 30 days after the end of each 3 e-mail by sending a message to: [email protected] and writing the this information as part of the month period; implementation of the Food and Drug b. Financial status report, no more following in the body of the message: Administration Modernization Act of than 90 days after the end of each subscribe hiv-prev first name last name. 1997 (FDAMA). budget period; and If you have questions after reviewing c. Final financial report and the contents of all the documents, DATES: Submit data and information by performance report, no more than 90 business management technical June 1, 1999. Submit written general days after the end of the project period. assistance may be obtained from: comments by June 1, 1999.
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ADDRESSES: Submit written comments Compounds in Drugs and Food,’’ The agency is aware that mercury and information to the particular subject requires FDA to: (1) Compile a list of compounds (e.g., phenylmercuric office as follows: drugs and foods that contain acetate and thimerosal) are used as a 1. General comments on this call-for- intentionally introduced mercury preservative in OTC nasal solution data to the Dockets Management Branch compounds, and (2) provide a products, prescription ophthalmic drug (HFA–305), Food and Drug quantitative and qualitative analysis of products, and biological products Administration, 5630 Fishers Lane, rm. the mercury compounds in this list. including vaccines, immunoglobulins, 1061, Rockville, MD 20852. FDAMA requires the agency to compile antivenins, and skin test antigens. 2. Information on human drug products the list and provide the analysis within Phenylmercuric nitrate is also present in to the Division of Over-the-Counter 2 years after the date of its enactment. some oral homeopathic drug products (OTC) Drug Products (HFD–560), Center The statute does not differentiate and may be present in other for Drug Evaluation and Research, Food whether the mercury compound is homeopathic drug products. Therefore, and Drug Administration, 5600 Fishers present in the products as an active or homeopathic drug products are Lane, Rockville, MD 20857. an inactive ingredient. Therefore, FDA included in this call-for-data. 3. Information on human biological is requesting data and information on III. Mercury Compounds in Veterinary products to the Division of Vaccine and any mercury compounds, present as Drug Products Related Products Applications (HFM– active or as inactive ingredients, in any 475), Center for Biologics Evaluation human or veterinary drug (prescription Currently, there are no approved and Research, Food and Drug or OTC) product, any human biological veterinary drug products that contain a Administration, 1401 Rockville Pike, products, or any food product, mercury compound as an active Rockville, MD 20852. including dietary supplements. ingredient. There is some limited use, 4. Information on veterinary drug however, of mercury compounds in II. Mercury Compounds in Human Drug products to the Division of veterinary drug products. These Products Epidemiology and Surveillance (HFV– products are all unapproved OTC 210), Center for Veterinary Medicine, There are several different types of products for use in nonfood species. For Food and Drug Administration, 5600 mercury compounds that have been instance, older textbooks may contain Fishers Lane, Rockville, MD 20857. used in human drug products. Inorganic an indication for red mercuric iodide 5. Information on food products, mercury salts used include mercurous petrolatum as a compounded including dietary supplements, to the chloride (calomel) and mercuric counterirritant. An aqueous formulation Office of Special Nutritionals (HFS– chloride (bichloride of mercury). of red mercuric iodide is commercially 456), Center for Food Safety and Organic aryl mercury compounds used marketed with that indication. Applied Nutrition, Food and Drug include phenylmercuric acetate and Mercurochrome is currently marketed for treating bacterial diseases of Administration, 200 C St. SW., phenylmercuric nitrate. Some of these ornamental fish. The potential exists for Washington, DC 20204. mercury compounds (e.g., some limited use of mercury phenylmercuric acetate and FOR FURTHER INFORMATION CONTACT: compounds as inactive ingredients, phenylmercuric nitrate) have been used For human drug products: Gerald M. such as preservatives, particularly in as both active and inactive ingredients. Rachanow, Center for Drug unapproved products. Evaluation and Research (HFD– Some mercury-containing drug products 560), Food and Drug have been marketed by prescription and IV. Mercury Compounds in Food Administration, 5600 Fishers Lane, others have been marketed OTC only. Products Rockville, MD 20857, 301–827– FDA has already evaluated the safety The agency has limited information 2222. and effectiveness of many of the OTC on the intentional addition of mercury- For human biological products: uses of mercury compounds as part of containing compounds to food products. Robert A. Yetter, Center for its OTC drug review. Many mercury Under section 201(s) of the Federal Biologics Evaluation and Research compounds used as active ingredients Food, Drug, and Cosmetic Act (the act) (HFM–10), Food and Drug in OTC drug products have been found (21 U.S.C. 321(s)), an ingredient used in Administration, 1401 Rockville, MD to be not generally recognized as safe food or as food must be an approved 20852, 301–827–0373. (GRAS) and effective and are classified food additive or it must be GRAS for its For veterinary drug products: William as new drugs. These mercury intended food use. Currently, FDA has C. Keller, Center for Veterinary ingredients are listed in § 310.545(a) (21 not approved any mercury-containing Medicine (HFV–210), Food and CFR 310.545(a)). FDA included a table compounds as food additives and does Drug Administration, 5600 Fishers of these ingredients in the December not consider any mercury-containing Lane, Rockville, MD 20857, 301– 1998 call-for-data notice (see Table 1, 63 compounds to be GRAS. 827–6641. FR 68775 at 68776). Substances that are ‘‘dietary For food and dietary supplement FDA has also considered mercury ingredients’’ as defined in section products: Sharon A. Ross, Center compounds as inactive ingredients in 201(ff) of the act are exempt from the for Food Safety and Applied OTC ophthalmic drug products. Section food additive provisions of the act Nutrition (HFS–456), Food and 349.50(c)(3) of the final monograph for under section 201(s)(6). Under the act, Drug Administration, 200 C St. SW., OTC ophthalmic drug products (21 CFR dietary supplement ingredients subject Washington, DC 20204, 202–205– 349.50(c)(3)) states: to section 201(ff) do not require FDA’s 5343. For ophthalmic drug products containing premarket scrutiny or approval. SUPPLEMENTARY INFORMATION: mercury compounds used as a preservative. Additionally, ingredients subject to this ‘‘This product contains (name and quantity section of the act do not need to be I. Background of mercury-containing ingredient) as a preservative. Do not use this product if you registered with FDA. Consequently, FDAMA (Pub. L. 105–115) was are sensitive to’’ (select one of the following: FDA has no listing of mercury- enacted on November 21, 1997. Section ‘‘mercury’’ or ‘‘(insert name of mercury- containing compounds that are used as 413 of FDAMA, entitled ‘‘Food and containing ingredient) or any other dietary ingredients in dietary Drug Administration Study of Mercury ingredient containing mercury).’’ supplements.
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The agency is aware that some an active or inactive ingredient, to drug products containing ammoniated categories of products marketed as provide FDA the following information mercury, mercurius chloride, mercuric dietary supplements in the United for each product: chloride, mercuric sulfide red, mercuric States may contain a source of added 1. The commercial name of the sulfate, mercury, mercurius auratus, and mercury. Products similar to those that product that contains the mercury mercurius solubilis. The information are used as traditional medicines in compound; submitted to date indicates that other other countries may sometimes be 2. The chemical name (USAN or mercury compounds are also being used marketed as dietary supplements in the established name, if one exists) of the in oral homeopathic drug products, e.g., United States. For example, mercury- mercury compound(s) present in the black mercuric sulfide, mercuric containing compounds are used in drug product; the Chemical Abstract cyanide, mercurous iodide, mercuric traditional Chinese medicines. The Service (CAS) registry (Reg.) number iodide, mercury ammonium chloride, Chinese Herbal Materia Medica (Ref. 1) (No.) and the CAS preferred chemical mercuric oxide, and Hahnemann’s reports that cinnabar (mercuric sulfide; name of the mercury compound(s) soluble mercury. cinnabaris or zhu sha in Mandarin present in the food or dietary The agency is especially concerned Chinese) and calomel (mercurous supplement product; about the amount of phenylmercuric chloride; calomelas or qing fen in 3. The quantitative amount of the nitrate that has been present in some Mandarin Chinese) have been widely mercury compound present in the rectal products and needs to be used as a sedative and detoxicant and to product. State as either quantity per informed whether these products still treat constipation and edema, dosage unit or per quantity of product contain this preservative or have been respectively. The California Department (e.g., ounce or gram). State whether reformulated. The agency is aware that of Health Services reported that 5 of 260 amount is calculated on a weight to some of the information in its DLS traditional Chinese medicines available weight (w/w) or weight to volume (w/ system is outdated because some of the in the retail marketplace, which they v) basis, where applicable; listed products may have been examined, listed cinnabar as an 4. State the purpose of the mercury reformulated to delete the mercury ingredient on the label (Ref. 2). In this compound in the product. If an active preservative. In the absence of updated study, 35 of 251 products that were ingredient, state the pharmacologic information, the agency will have to use screened for mercury content were use(s) of the product. If an inactive the information available to it to found to contain significant quantities ingredient, state the function (e.g., compile the list of drugs that contain of mercury (Refs. 2 and 3). Additionally, preservative). intentionally introduced mercury the study showed that most of the 5. Provide a copy of the product’s compounds and to do the quantitative products that contained significant labeling; and and qualitative analysis of the mercury quantities of mercury did not list 6. Estimate the amount of the mercury compounds in this list. Some products mercury sources on the label. Therefore, compound used annually in in the DLS may no longer be marketed, it is not possible to determine whether manufacturing the product. while manufacturers have not provided the mercury in these products is VII. Response to Date and Need for information to DLS on other products. intentionally added or is present as an Additional Information Accordingly, the agency is again requesting all affected manufacturers to unintended ingredient or contaminant. To date, FDA has received a limited Other than this limited information, provide the information requested in number of responses to the December section VI of this document. This FDA is not aware of other uses of 1998 call-for-data notice. The mercury in dietary supplements. information is needed for the agency to information received indicates that provide accurate information in V. References mercury compounds are being used as response to FDAMA. The following references have been a preservative at very low The agency has received inquiries placed on display in the Dockets concentrations: (1) Phenylmercuric about the applicability of this Management Branch (address above) acetate in three nasal spray products, (2) information request to biological and may be seen by interested persons phenylmercuric nitrate in one water for products. This request encompasses all between 9 a.m. and 4 p.m., Monday injection product and in one veterinary human biological products. To date, the through Friday. ophthalmic ointment, and (3) thimerosal agency has received five responses 1. Bensky, D., A. Gamble, and T. Kaptchuk, in 10 nose drop/spray products, 5 eye concerning biological products. products, 2 ear products, and 20 Chinese Herbal Medicine Materia Medica, VIII. Followup Request for Data and 8th Ed., Eastland Press, Inc., Seattle, pp. 573– injectable products (e.g., toxoids, 574 and 638–639, 1992. vaccines, and antivenins). The Information 2. Ko, R. J., and A. Au, 1997–1998 information also indicates that various Affected manufacturers should, on or Compendium of Asian Patent Medicines, mercury compounds are being used as before June 1, 1999, submit the data and California Department of Health Services, active ingredients in over 200 oral information requested in section VI of Food and Drug Branch, Sacramento, 1998. this document. Two copies of the data 3. Ko, R. J., ‘‘Adulterants in Asian Patent homeopathic drug products. Medicines,’’ New England Journal of The agency is aware that mercury and information are to be submitted, Medicine, 339:847, 1998. compounds are present in many other except that individuals may submit one drug products. The agency’s Drug copy. Data and information should be VI. Call-for-Data and Information Listing System (DLS) identifies over 200 addressed to the appropriate FDA In order to prepare the list and nasal spray/solution products and 5 eye centers (Drug Evaluation and Research, provide the analysis required by section products containing phenylmercuric Biologics Evaluation and Research, 413 of FDAMA, the agency is requesting acetate; over 20 rectal (ointment and Veterinary Medicine, or Food Safety and all manufacturers of any food, including suppository) products, 1 eye product. Applied Nutrition) (addresses above). dietary supplement, and human or and 3 oral homeopathic products All submitted data and information on veterinary drug product (prescription or containing phenylmercuric nitrate; over the quantitative amount of the mercury OTC), and human biological products 100 nasal spray/solution, eye, and compound present in the product containing any intentionally introduced topical products containing thimerosal; (unless the information appears in mercury compounds, whether used as and several hundred oral homeopathic product labeling) and the amount of the
VerDate 26-APR-99 11:10 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\A29AP3.174 pfrm03 PsN: 29APN1 23086 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Notices mercury compound used annually in medical device, food additive, or color and Cosmetic Act (the act) (21 U.S.C. manufacturing the product will be additive) was subject to regulatory 355) became effective: July 5, 1995. FDA handled as confidential by the agency review by FDA before the item was has verified the applicant’s claim that under 21 CFR 20.61. General comments marketed. Under these acts, a product’s the date the investigational new drug on this call-for-data should be addressed regulatory review period forms the basis application became effective was on to the Dockets Management Branch for determining the amount of extension July 5, 1995. (address above). General comments are an applicant may receive. 2. The date the application was A regulatory review period consists of to be identified with the docket number initially submitted with respect to the found in brackets in the heading of this two periods of time: A testing phase and human drug product under section 505 document. Received general comments an approval phase. For human drug of the act: December 4, 1996. FDA has may be seen in the Dockets Management products, the testing phase begins when verified the applicant’s claim that the Branch between 9 a.m. and 4 p.m., the exemption to permit the clinical new drug application (NDA) for Monday through Friday. investigations of the drug becomes AmergeTM (NDA 20–763) was initially effective and runs until the approval Dated: April 21, 1999. submitted on December 4, 1996. phase begins. The approval phase starts William K. Hubbard, with the initial submission of an 3. The date the application was Acting Deputy Commissioner for Policy. application to market the human drug approved: February 10, 1998. FDA has [FR Doc. 99–10697 Filed 4–28–99; 8:45 am] product and continues until FDA grants verified the applicant’s claim that NDA BILLING CODE 4160±01±F permission to market the drug product. 20–763 was approved on February 10, Although only a portion of a regulatory 1998. review period may count toward the DEPARTMENT OF HEALTH AND This determination of the regulatory actual amount of extension that the HUMAN SERVICES review period establishes the maximum Commissioner of Patents and potential length of a patent extension. Food and Drug Administration Trademarks may award (for example, However, the U.S. Patent and half the testing phase must be Trademark Office applies several [Docket No. 98E±0614] subtracted as well as any time that may statutory limitations in its calculations have occurred before the patent was Determination of Regulatory Review of the actual period for patent extension. issued), FDA’s determination of the In its application for patent extension, Period for Purposes of Patent length of a regulatory review period for Extension; AmergeTM this applicant seeks 693 days of patent a human drug product will include all term extension. AGENCY: of the testing phase and approval phase Food and Drug Administration, Anyone with knowledge that any of HHS. as specified in 35 U.S.C. 156(g)(1)(B). FDA recently approved for marketing the dates as published is incorrect may, ACTION: Notice. the human drug product AmergeTM on or before June 28, 1999, submit to the TM Dockets Management Branch (address SUMMARY: The Food and Drug (naratriptan hydrochloride). Amerge above) written comments and ask for a Administration (FDA) has determined is indicated for the acute treatment of redetermination. Furthermore, any the regulatory review period for migraine attacks with or without aura in interested person may petition FDA, on AmergeTM and is publishing this notice adults. Subsequent to this approval, the or before October 26, 1999, for a of that determination as required by Patent and Trademark Office received a determination regarding whether the law. FDA has made the determination patent term restoration application for TM applicant for extension acted with due because of the submission of an Amerge (U.S. Patent No. 4,997,841) diligence during the regulatory review application to the Commissioner of from Glaxo Wellcome, Inc., and the period. To meet its burden, the petition Patents and Trademarks, Department of Patent and Trademark Office requested must contain sufficient facts to merit an Commerce, for the extension of a patent FDA’s assistance in determining this FDA investigation. (See H. Rept. 857, which claims that human drug product. patent’s eligibility for patent term restoration. In a letter dated September part 1, 98th Cong., 2d sess., pp. 41–42, ADDRESSES: Written comments and 28, 1998, FDA advised the Patent and 1984.) Petitions should be in the format petitions should be directed to the Trademark Office that this human drug specified in 21 CFR 10.30. Dockets Management Branch (HFA– product had undergone a regulatory 305), Food and Drug Administration, Comments and petitions should be review period and that the approval of submitted to the Dockets Management 5630 Fishers Lane, rm. 1061, Rockville, AmergeTM represented the first MD 20852. Branch (address above) in three copies permitted commercial marketing or use (except that individuals may submit FOR FURTHER INFORMATION CONTACT: of the product. Shortly thereafter, the single copies) and identified with the Brian J. Malkin, Office of Health Affairs Patent and Trademark Office requested ¶docket number found in brackets in (HFY–20), Food and Drug that FDA determine the product’s the heading of this document. Administration, 5600 Fishers Lane, regulatory review period. Comments and petitions may be seen in Rockville, MD 20857, 301–827–6620. FDA has determined that the the Dockets Management Branch SUPPLEMENTARY INFORMATION: The Drug applicable regulatory review period for between 9 a.m. and 4 p.m., Monday TM Price Competition and Patent Term Amerge is 953 days. Of this time, 519 through Friday. Restoration Act of 1984 (Pub. L. 98–417) days occurred during the testing phase and the Generic Animal Drug and Patent of the regulatory review period, 434 Dated: April 20, 1999. Term Restoration Act (Pub. L. 100–670) days occurred during the approval Thomas J. McGinnis, generally provide that a patent may be phase. These periods of time were Deputy Associate Commissioner for Health extended for a period of up to 5 years derived from the following dates: Affairs. so long as the patented item (human 1. The date an exemption under [FR Doc. 99–10698 Filed 4–28–99; 8:45 am] drug product, animal drug product, section 505 of the Federal Food, Drug, BILLING CODE 4160±01±F
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DEPARTMENT OF HEALTH AND an indication of the approximate time information is needed before the HUMAN SERVICES requested to make their presentation. expiration of the normal time limits Closed Committee Deliberations: On under OMB’s regulations at 5 CFR, Part Food and Drug Administration May 17, 1999, from 12:15 p.m. to 12:45 1320. This is necessary to prevent p.m., the meeting will be closed to the public harm. Last year, the volatile Radiological Devices Panel of the public to permit discussion and review nature of the Medicare market created a Medical Devices Advisory Committee; of trade secret and/or confidential critical need for plan-specific Medigap Notice of Meeting commercial information (5 U.S.C. data. The unanticipated event of 552b(c)(4)) relating to present and future numerous health plans terminating their AGENCY: Food and Drug Administration, agency issues. Medicare contract surprised everyone. HHS. Notice of this meeting is given under The plan-specific Medigap information ACTION: Notice. the Federal Advisory Committee Act (5 was, and continues to be, essential for U.S.C. app. 2). beneficiaries who are in health plans This notice announces a forthcoming that terminate their Medicare contract. Dated: April 23, 1999. meeting of a public advisory committee Last year, when the volume of health of the Food and Drug Administration Michael A. Friedman, plan terminations occurred, no one had (FDA). At least one portion of the Deputy Commissioner for Operations. national plan-specific Medigap data to meeting will be closed to the public. [FR Doc. 99–10695 Filed 4–28–99; 8:45 am] provide to beneficiaries affected by the Name of Committee: Radiological BILLING CODE 4160±01±F mass terminations. By providing this Devices Panel of the Medical Devices plan-specific Medigap data, Advisory Committee. beneficiaries will be able to make a DEPARTMENT OF HEALTH AND General Function of the Committee: more realistic comparison of their costs HUMAN SERVICES To provide advice and and benefits under each option available to them. This will prevent harm to the recommendations to the agency on Health Care Financing Administration FDA’s regulatory issues. beneficiaries caught in a difficult Date and Time: The meeting will be [Document Identifier: HCFA±R±0280] situation with a relatively short period held on May 17, 1999, 9 a.m. to 5:30 of time to make an informed decision. Emergency Clearance: Public p.m. We cannot reasonably comply with the Information Collection Requirements Location: Corporate Bldg., conference normal clearance procedures because Submitted to the Office of Management we must have the necessary data rm. 020B, 9200 Corporate Blvd., and Budget (OMB) Rockville, MD. collected and able to be published in July, when Medicare health plan Contact Person: Robert J. Doyle, AGENCY: Health Care Financing Center for Devices and Radiological Administration, HHS. terminations are announced. HCFA is requesting OMB review and Health (HFZ–470), Food and Drug In compliance with the requirement approval of this collection within 11 Administration, 9200 Corporate Blvd., of section 3506(c)(2)(A) of the working days, with a 180-day approval Rockville, MD 20850, 301–594–1212, or Paperwork Reduction Act of 1995, the period. Written comments and FDA Advisory Committee Information Health Care Financing Administration recommendations will be accepted from Line, 1–800–741–8138 (301–443–0572 (HCFA), Department of Health and the public if received by the individuals in the Washington, DC area), code Human Services, is publishing the designated below within 10 working 12526. Please call the Information Line following summary of proposed days. During this 180-day period, we for up-to-date information on this collections for public comment. will publish a separate Federal Register meeting. Interested persons are invited to send notice announcing the initiation of an Agenda: The committee will discuss comments regarding this burden extensive 60-day agency review and bone strength assessment, with a focus estimate or any other aspect of this public comment period on these on the use of gender-specific and race- collection of information, including any requirements. We will submit the specific data bases in assessing fracture of the following subjects: (1) The requirements for OMB review and an risk and their applicability to bone necessity and utility of the proposed extension of this emergency approval. densitometry and sonometry device information collection for the proper Type of Information Request: New labeling. performance of the agency’s functions; collection. Procedure: Interested persons may (2) the accuracy of the estimated Title of Information Collection: present data, information, or views, burden; (3) ways to enhance the quality, Medigap Compare. orally or in writing, on issues pending utility, and clarity of the information to HCFA Form Number: HCFA–R–0280 before the committee. Written be collected; and (4) the use of (OMB approval #: 0938–NEW). submissions may be made to the contact automated collection techniques or Use: HCFA will collect plan-specific person by May 6, 1999. Oral other forms of information technology to Medigap data, including but not limited presentations from the public will be minimize the information collection to premiums charged and additional scheduled between approximately 9:45 burden. benefits offered, from each insurer a.m. and 10:15 a.m., and for an We are, however, requesting an offering Medigap plans. The data additional 30 minutes near the end of emergency review of the information collection will occur electronically. The the committee deliberations. Time collections referenced below. In data will be provided on allotted for each presentation may be compliance with the requirement of www.medicare.gov to assist limited. Those desiring to make formal section 3506(c)(2)(A) of the Paperwork beneficiaries in obtaining accurate oral presentations should notify the Reduction Act of 1995, we have information on all their health care contact person before May 6, 1999, and submitted to the Office of Management coverage options. submit a brief statement of the general and Budget (OMB) the following Frequency: Annually, and semi- nature of the evidence or arguments requirements for emergency review. We annually if needed. they wish to present, the names and are requesting an emergency review Affected Public: Business or other for- addresses of proposed participants, and because the collection of this profit, Federal Government, State, Local,
VerDate 26-APR-99 11:10 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\A29AP3.048 pfrm03 PsN: 29APN1 23088 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Notices or Tribal Government, Not-for-profit The meeting will be closed to the competence of individual investigators, institutions. public in accordance with the the disclosure of which would Number of Respondents: 300. provisions set forth in sections constitute a clearly unwarranted Total Annual Responses: 450. 552b(c)(4) and 552b(c)(6), title 5 U.S.C., invasion of personal privacy. Total Annual Burden Hours: 175. as amended. The contract proposals and Name of Committee: Board of Scientific We have submitted a copy of this the discussions could disclose Counselors, NHLBI. notice to OMB for its review of these confidential trade secrets or commercial Date: June 3–4, 1999. information collections. A notice will be property such as patentable material, Time: 8:00 am to 5:00 pm. published in the Federal Register when and personal information concerning Agenda: To review and evaluate personal approval is obtained. individuals associated with the contract qualifications and performance, and To obtain copies of the supporting proposals, the disclosure of which competence of individual investigators. would constitute a clearly unwarranted Place: National Institutes of Health, 9000 statement and any related forms for the Rockville Pike, Building 10, Room 7S235, proposed paperwork collections invasion of personal privacy. Bethesda, MD 20892. referenced above, E-mail your request, Name of Committee: National Cancer Contact Person: Edward D. Korn, PhD, including your address, phone number, Institute Special Emphasis Panel, Novel Director, Intramural Research, National and HCFA form number(s) referenced Technologies for Noninvasive Detection, Heart, Lund, and Blood Institutes, National above, to [email protected], or call Diagnosis and Treatment of Cancer. Institutes of Health, Building 10, Room the Reports Clearance Office on (410) Date: May 17–18, 1999. 7N214, Bethesda, MD 20892, 301/496–2116. 786–1326. Time: 8:00 am to 5:00 pm. (Catalogue of Federal Domestic Assistance Agenda: To review and evaluate contract Interested persons are invited to send Program Nos. 93.233, National Center for proposals. Sleep Disorders Research; 93.837, Heart and comments regarding the burden or any Place: Holiday Inn Bethesda, 8120 other aspect of these collections of Vascular Diseases Research; 93.838, Lung Wisconsin Avenue, Bethesda, MD 20814. Diseases Research; 93.839, Blood Diseases information requirements. However, as Contact Person: C.M. Kerwin, PhD, and Resources Research, National Institutes noted above, comments on these Scientific Review Administrator, Special of Health, HHS) Review, Referral and Resources Branch, information collection and Dated: April 22, 1999. recordkeeping requirements must be Division of Extramural Activities, National Anna Snouffer, mailed and/or faxed to the designees Cancer Institute, National Institutes of referenced below, within 10 working Health, 6130 Executive Boulevard/EPN–630, Acting Director, Office of Federal Advisory Rockville, MD 20892–7405, 301/496–7421. Committee Policy. days: (Catalogue of Federal Domestic Assistance [FR Doc. 99–10690 Filed 4–28–99; 8:45 am] Health Care Financing Administration, Program Nos. 93.392, Cancer Construction; BILLING CODE 4140±01±M Office of Information Services, 93.393, Cancer Cause and Prevention Security and Standards Group, Research; 93.394, Cancer Detection and Division of HCFA Enterprise Diagnosis Research; 93.395, Cancer DEPARTMENT OF HEALTH AND Standards, Room N2–14–26, 7500 Treatment Research; 93.396, Cancer Biology HUMAN SERVICES Security Boulevard, Baltimore, MD Research; 93.397, Cancer Centers Support; 21244–1850. Fax Number: (410) 786– 93.398, Cancer Research Manpower; 93.399, National Institutes of Health 1415, Attn: Louis Blank HCFA–R–280 Cancer Control, National Institutes of Health, HHS) and, National Institute on Deafness and Dated: April 21, 1999. Other Communication Disorders; Office of Information and Regulatory Ann Snouffer, Notice of Closed Meeting Affairs, Office of Management and Acting Committee Management Officer, NIH. Budget, Room 10235, New Executive [FR Doc. 99–10692 Filed 4–28–99; 8:45 am] Pursuant to section 10(d) of the Office Building, Washington, DC Federal Advisory Committee Act, as 20503, Fax Number: (202) 395–6974 BILLING CODE 4140±01±M amended (5 U.S.C. Appendix 2), notice or (202) 395–5167, Attn: Allison is hereby given of the following Herron Eydt, HCFA Desk Officer DEPARTMENT OF HEALTH AND meeting. Dated: April 21, 1999. HUMAN SERVICES The meeting will be closed to the John P. Burke III, public in accordance with the provisions set forth in sections HCFA Reports Clearance Officer, HCFA, National Institutes Of Health Office of Information Services, Security and 552b(c)(4) and 552b(c)(6), title 5 U.S.C., Standards Group, Division of HCFA National Heart, Lung, and Blood as amended. The grant applications and Enterprise Standards. Institute; Notice of Closed Meeting the discussions could disclose confidential trade secrets or commercial [FR Doc. 99–10740 Filed 4–28–99; 8:45 am] Pursuant to section 10(d) of the property such as patentable material, BILLING CODE 4120±03±P Federal Advisory Committee Act, as and personal information concerning amended (5 U.S.C. Appendix 2), notice individuals associated with the grant is hereby given of a meeting of the applications, the disclosure of which DEPARTMENT OF HEALTH AND Board of Scientific counselors, NHLBI. HUMAN SERVICES The meeting will be closed to the would constitute a clearly unwarranted public as indicated below in accordance invasion of personal privacy. National Institutes of Health with the provisions set forth in section Name of Committee: Communication 552b(c)(6), Title 5 U.S.C., as amended Disorders Review Committee. National Cancer Institute; Notice of Date: June 9–10, 1999. Closed Meeting for the review, discussion, and evaluation of individual intramural Time: 8:00 am to 5:00 pm. Agenda: To review and evaluate grant Pursuant to section 10(d) of the programs and projects conducted by the applications. Federal Advisory Committee Act, as NATIONAL HEART, LUNG, AND Place: Governor’s Inn, 1615 Rhode Island amended (5 U.S.C. Appendix 2), notice BLOOD INSTITUTE, including Ave., NW, Washington, DC 20036. is hereby given of the following consideration of personnel Contact Person: Melissa Stick, PhD, MPH, meeting. qualifications and performance, and the Scientific Review Administrator, NIH/
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NIDCD/DEA/SRB, 6120 Executive Blvd (EPS/ Project Review Branch, National Institute on language interpretation or other 400), Bethesda, MD 20892. Alcohol Abuse and Alcoholism, National reasonable accommodations, should (Catalogue of Federal Domestic Assistance Institutes of Health, Suite 409, 6000 notify the Contact Person listed below Executive Boulevard, Bethesda, MD 20892– Program Nos. 93.173, Biological Research in advance of the meeting. Related to Deafness and Communicative 7003, 301–443–9787. Disorders, National Institutes of Health, HHS) Name of Committee: National Institute on The meeting will be closed to the Dated: April 22, 1999. Alcohol Abuse and Alcoholism Special public in accordance with the Ann Snouffer, Emphasis Panel Alcohol Syndrome. provisions set forth in sections Acting Director, Office of Federal Advisory Date: June 17, 1999. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Committee Policy. Time: 8:30 AM to 5:00 PM. as amended. The grant applications Agenda: To review and evaluate grant [FR Doc. 99–10689 Filed 4–28–99; 8:45 am] applications. and/or contact proposals and the BILLING CODE 4140±01±M Place: Bethesda Holiday Inn, Versailles III, discussions could disclose confidential 8120 Wisconsin Avenue, Bethesda, MD trade secrets or commercial property 20814. such as patentable material, and DEPARTMENT OF HEALTH AND Contact Person: Elsie D. Taylor, MS, personal information concerning HUMAN SERVICES Scientific Review Administrator, Extramural individuals associated with the grant Project Review Branch, National Institute on applications and/or contract proposals, National Institutes of Health Alcohol Abuse and Alcoholism, National the disclosure of which would Institutes of Health, Suite 409, 6000 National Institute on Alcohol Abuse Executive Boulevard, Bethesda, MD 20892– constitute a clearly unwarranted and Alcoholism; Notice of Closed 7003, 301–443–9787. invasion of personal privacy. Meetings Name of Committee: National Institute on Name of Committee: National Advisory Alcohol Abuse and Alcoholism Special Environmental Health Sciences Council, Pursuant to section 10(d) of the Emphasis Panel. Federal Advisory Committee Act, as Agenda Available: http:// Date: July 1, 1999. www.niehs.nih.gov/dert/c-agenda.htm. amended (5 U.S.C. Appendix 2), notice Time: 8:30 AM to 5:00 PM. Date: May 13–14, 1999. is hereby given of the following Agenda: To review and evaluate grant Open: May 13, 1999, 8:30 am to 5:45 pm. meetings. applications. The meetings will be closed to the Place: Fess Parker’s Doubletree Hotel, 633 Agenda: Discussion of program policies and issues. public in accordance with the East Cabrillo Blvd, Santa Barbara, CA 93103. Place: National Institutes of Health, provisions set forth in sections Contact Person: Elsie D. Taylor, MS, Building 31, Conference Room 10, Bethesda, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Scientific Review Administrator, Extramural Project Review Branch, National Institute on MD 20892. as amended. The grant applications and Alcohol Abuse and Alcoholism, National Open: May 14, 1999, 9:00 am to 9:50 am. the discussions could disclose Institutes of Health, Suite 409, 6000 Agenda: Continuation of program policy confidential trade secrets or commercial Executive Boulevard, Bethesda, MD 20892– discussions. property such as patentable material, 7003, 301–443–9787. Place: National Institutes of Health, and personal information concerning (Catalogue of Federal Domestic Assistance Building 31, Conference Room 10, Bethesda, individuals associated with the grant Program Nos. 93.271, Alcohol Research MD 20892. applications, the disclosure of which Career Development Awards for Scientists Closed: May 14, 1999, 9:50 am to 1:30 pm. would constitute a clearly unwarranted and Clinicians; 93–272, Alcohol National Agenda: To review and evaluate grant Research Service Awards for Research invasion of personal privacy. applications. Training; 93.273, Alcohol Research Programs; Name of Committee: National Institute on 93.891, Alcohol Research Center Grants, Place: National Institutes of Health, Alcohol Abuse and Alcoholism Special National Institutes of Health, HHS) Building 31, Conference Room 10, Bethesda, Emphasis Panel. Dated: April 21, 1999. MD 20892. Date: May 4, 1999. Contact Person: Anne P. Sassaman, PhD, Anna Snouffer, Time: 10:00 AM to 1:00 PM. Director, Division of Extramural Research Agenda: To review and evaluate contract Acting Director, Office of Federal Advisory and Training, Executive Secretary, National proposals. Committee Policy, NIH. Institute of Environmental Health Sciences, Place: 6000 Executive Blvd., Suite 409, [FR Doc. 99–10693 Filed 4–28–99; 8:45 am] Rockville, MD 20852 (Telephone Conference NIH/PHS, P.O. Box 12233, Research Triangle Call). BILLING CODE 4140±01±M Park, NC 27709, 919/541–7723. Contact Person: Ronald Suddendorf, PhD, (Catalogue of Federal Domestic Assistance Scientific Review Administrator, Extramural DEPARTMENT OF HEALTH AND Program Nos. 93.113, Biological Response to Project Review Branch, National Institute on Environmental Health Hazards; 93.114, Alcohol Abuse and Alcoholism, National HUMAN SERVICES Institutes of Health, Suite 409, 6000 Applied Toxicological Research and Testing; Executive Boulevard, Bethesda, MD 20892– National Institutes of Health 93.115, Biometry and Risk Estimation— 7003, 301–443–2926. Health Risks from Environmental Exposures; This notice is being published less than 15 National Institute of Environmental 93.142, NIEHS Hazardous Waste Worker days prior to the meeting due to the timing Health Sciences; Notice of Meeting Health and Safety Training; 93.143, NIEHS limitations imposed by the review and Superfund Hazardous Substances—Basic funding cycle. Pursuant to section 10(d) of the Research and Education; 93.894, Resources Name of Committee: National Institute on Federal Advisory Committee Act, as and Manpower Development in the Alcohol Abuse and Alcoholism Special amended (5 U.S.C. Appendix 2), notice Environmental Health Sciences, National Emphasis Panel. is hereby given of a meeting of the Institutes of Health, HHS) Date: June 17–18, 1999. National Advisory Environmental Dated: April 23, 1999. Time: 8:30 AM to 5:00 PM. Health Sciences Council. Agenda: To review and evaluate grant The meeting will be open to the Anna Snouffer, applications. public as indicated below, with Acting Director, Office of Federal Advisory Place: Bethesda Holiday Inn, 8120 Committee Policy, NIH. Wisconsin Avenue, Bethesda, MD 20814. attendance limited to space available. Contact Person: Elsie D. Taylor, MS, Individuals who plan to attend and [FR Doc. 99–10694 Filed 4–28–99; 8:45 am] Scientific Review Administrator, Extramural need special assistance, such as sign BILLING CODE 4140±01±M
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DEPARTMENT OF HEALTH AND Contact Person: Joe Marwah, PhD, Contact Person: Mary Clare Walker, PhD, HUMAN SERVICES Scientific Review Administrator, Center for Scientific Review Administrator, Center for Scientific Review, National Institute of Scientific Review, National Institutes of National Institutes of Health Health, 6701 Rockledge Drive, Room 5192, Health, 6701 Rockledge Drive, Room 5104, MSC 7846, Bethesda, MD 20892, (301) 435– MSC 7852, Bethesda, MD 20892, (301) 435– Center For Scientific Review; Notice of 1253. 1165. Closed Meetings This notice is being published less than 15 This notice is being published less than 15 days prior to the meeting due to the timing days prior to the meeting due to the timing Pursuant to section 10(d) of the limitations imposed by the review and limitations imposed by the review and Federal Advisory Committee Act, as funding cycle. funding cycle. amended (5 U.S.C. Appendix 2), notice Name of Committee: Center for Scientific Name of Committee: Center for Scientific is hereby given of the following Review Special Emphasis Panel, ZRG–1 Review Special Emphasis Panel, ZRG–1 VACC 05. VACC (03). meetings. Date: April 30, 1999. The meetings will be closed to the Date: April 29, 1999. Time: 1:30 PM to 3:30 PM. Time: 4:00 PM to 6:00 PM. public in accordance with the Agenda: To review and evaluate grant Agenda: To review and evaluate grant provisions set forth in sections applications. applications. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Place: NIH, Rockledge 2, Bethesda, MD Place: NIH, Rockledge 2, Bethesda, MD as amended. The grant applications and 20892 (Telephone Conference Call). 20892 (Telephone Conference Call). the discussions could disclose Contact Person: Mary Clare Walker, PhD, Contact Person: Mary Clare Walker, PhD, confidential trade secrets or commercial Scientific Review Administrator, Center for Scientific Review Administrator, Center for Scientific Review, National Institutes of property such as patentable material, Scientific Review, National Institute of Health, 6701 Rockledge Drive, Room 5104, Health, 6701 Rockledge Drive, Room 5104, and personal information concerning MSC 7852, Bethesda, MD 20892, (301) 435– individuals associated with the grant MSC 7852, Bethesda, MD 20892, (301) 435– 1165. 1165. This notice is being published less than 15 applications the disclosure of which This notice is being published less than 15 days prior to the meeting due to the timing would constitute a clearly unwarranted days prior to the meeting due to the timing limitations imposed by the review and invasion of personal privacy. limitations imposed by the review and funding cycle. Name of Committee: Center for Scientific funding cycle. Name of Committee: Center for Scientific Review Special Emphasis Panel, ZRG1– Name of Committee: Center for Scientific Review Special Emphasis Panel. BDCN–1 (06)S. Review Special Emphasis Panel, ZRG1 IFCN– Date: May 3, 1999. Date: April 26, 1999. 8 (3) M. Time: 10:00 AM to 11:30 AM. Time: 2:00 PM to 2:45 PM. Date: April 29, 1999. Agenda: To review and evaluate grant Agenda: To review and evaluate grant Time: 1:30 PM to 3:30 PM. applications. applications. Agenda: To review and evaluate grant Place: NIH, Rockledge 2, Bethesda, MD Place: NIH, Rockledge 2, Bethesda, MD applications. 20892 (Telephone Conference Call). 20892 (Telephone Conference Call). Place: NIH, Rockledge 2, Bethesda, MD Contact Person: William C. Branche, PhD, Contact Person: Joe Marwah, PhD, 20892 (Telephone Conference Call). Scientific Review Administrator, Center for Scientific Review Administrator, Center for Contact Person: Samuel Rawlings, PhD, Scientific Review, National Institutes of Scientific Review, National Institutes of Scientific Review Administrator, Center for Health, 6701 Rockledge Drive, Room 4182, Health, 6701 Rockledge Drive, Room 5188, Scientific Review, National Institute of MSC 7808, Bethesda, MD 20892, (301) 435– MSC 7846, Bethesda, MD 20892, (301) 435– Health, 6701 Rockledge Drive, Room 5160, 1148. 1253. MSC 7844, Bethesda, MD 20892, (301) 435– This notice is being published less than 15 This notice is being published less than 15 1243. days prior to the meeting due to the timing days prior to the meeting due to the timing This notice is being published less than 15 limitations imposed by the review and limitations imposed by the review and days prior to the meeting due to the timing funding cycle. funding cycle. limitations imposed by the review and Name of Committee: Center for Scientific funding cycle. Name of Committee: Center for Scientific Review Special Emphasis Panel, ZRG1 BDCN Review Special Emphasis Panel, ZRG1– Name of Committee: Center for Scientific 2 (02). BDCN–1 (05)S. Review Special Emphasis Panel. Date: May 4–5, 1999. Date: April 26, 1999. Date: April 30, 1999. Time: 8:30 AM to 5:00 PM. Time: 12:00 PM to 1:45 PM. Time: 1:00 PM to 3:00 PM. Agenda: To review and evaluate grant Agenda: To review and evaluate grant Agenda: To review and evaluate grant applications. applications. applications. Place: Ramada Inn Rockville, 1775 Place: NIH, Rockledge 2, Bethesda, MD Place: NIH, Rockledge 2, Bethesda, MD Rockville Pike, Rockville, MD 20852. 20892 (Telephone Conference Call). 20892 (Telephone Conference Call). Contact Person: Herman Teitelbaum, PHD, Contact Person: David L. Simpson, PhD, Contact Person: David Monsees, PhD, Scientific Review Administrator, Center for Scientific Review Administrator, Center for Scientific Review Administrator, Center for Scientific Review, National Institutes of Scientific Review, National Institutes of Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5190, Health, 6701 Rockledge Drive, Room 5192, Health, 6701 Rockledge Drive, Room 3199, MSC 7846, Bethesda, MD 20892, (301) 435– MSC 7846, Bethesda, MD 20892, (301) 435– MSC 7816, Bethesda, MD 20892, (301) 435– 1254. 1278. 0684. This notice is being published less than 15 This notice is being published less than 15 This notice is being published less than 15 days prior to the meeting due to the timing 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 limitations imposed by the review and funding cycle. funding cycle. funding cycle. Name of Committee: Center for Scientific Name of Committee: Center for Scientific Name of Committee: Center for Scientific Review Special Emphasis Panel. Review Special Emphasis Panel, ZRG1– Review Special Emphasis Panel, ZRG–1 Date: May 4, 1999. BDCN–1 (05)S. VACC–04. Time: 10:30 AM to 11:30 AM. Date: April 26, 1999. Date: April 30, 1999. Agenda: To review and evaluate grant Time: 12:00 PM to 1:45 PM. Time: 3:30 PM to 4:00 PM. applications. Agenda: To review and evaluate grant Agenda: To review and evaluate grant Place: NIH, Rockledge 2, Bethesda, MD applications. applications. 20892, (Telephone Conference Call). Place: NIH, Rockledge 2, Bethesda, MD Place: NIH, Rockledge 2, Bethesda, MD Contact Person: William C. Branche, PHD, 20892 (Telephone Conference Call). 20892 (Telephone Conference Call). Scientific Review Administrator, Center for
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Scientific Review, National institutes of MSC 7844, Bethesda, MD 20892, (301) 435– DEPARTMENT OF HEALTH AND Health, 6701 Rockledge Drive, Room 4182, 1249. HUMAN SERVICES MSC 7808, Bethesda, MD 20892, (301) 435– This notice is being published less than 15 1148. days prior to the meeting due to the timing Substance Abuse and Mental Health This notice is being published less than 15 limitations imposed by the review and Services Administration days prior to the meeting due to the timing funding cycle. limitations imposed by the review and Supplemental Grant To Continue funding cycle. Name of Committee: Center for Scientific Review Special Emphasis Panel. Cooperative Agreements With 10 Name of Committee: Center for Scientific Date: May 6, 1999. Predictor Variables Grantees and Their Review Special Emphasis Panel. Time: 2:00 PM to 3:00 PM. Date: May 4, 1999. Research Coordinating Center Agenda: To review and evaluate grant Time: 1:00 PM to 3:00 PM. AGENCY: Center for Substance Abuse Agenda: To review and evaluate grant applications. applications. Place: NIH, Rockledge 2, Bethesda, MD Prevention (CSAP), Substance Abuse Place: NIH, Rockledge 2, Bethesda, MD 20892 (Telephone Conference Call). and Mental Health Services 20892 (Telephone Conference Call). Contact Person: H. Mac Stiles, DDS, PHD, Administration (SAMHSA), HHS. Contact Person: Anita Corman Weinblatt, MPH, Scientific Review Administrator, ACTION: Supplement to support an PHD, Scientific Review Administrator, Center for Scientific Review, National additional year of intervention follow- Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, up and data collection among the Institutes of Health, 6701 Rockledge Drive, Room 4108, MSC 7816, Bethesda, MD 20892, Predictor Variables by Developmental Room 3110, MSC 7778, Bethesda, MD 20892, 301–435–1785. (301) 435–1124. This notice is being published less than 15 Stage grantees and their Research This notice is being published less than 15 days prior to the meeting due to the timing Coordinating Center. days prior to the meeting due to the timing limitations imposed by the review and SUMMARY: This notice is to inform the limitations imposed by the review and funding cycle. public that an estimated $1.65 million funding cycle. Name of Committee: Center for Scientific Name of Committee: Center for Scientific Review Special Emphasis Panel. will be available to support up to 11 Review Special Emphasis Panel. Date: May 7, 1999. supplemental awards to 10 existing Date: May 5, 1999. Time: 10:00 AM to 11:30 AM. Predictor Variables Study Sites and one Time: 1:00 PM to 2:00 PM. Agenda: To review and evaluate grant existing Research Coordinating Center Agenda: To review and evaluate grant applications. in FY 1999. The purpose of the award applications. Place: NIH, Rockledge 2, Bethesda, MD is to support enhancement of current Place: NIH, Rockledge 2, Bethesda, MD 20892 (Telephone Conference Call). programs and allow the collection and 20892 (Telephone Conference Call). Contact Person: William C. Branche, PHD, analyses of additional follow-up data for Contact Person: Marcia Litwack, PHD, Scientific Review Administrator, Center for children currently included in these Scientific Review Administrator, Center for Scientific Review, National Institutes of studies. CSAP will make the awards Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4182, Health, 6701 Rockledge Drive, Room 4150, based on the recommendations of the MSC 7808, Bethesda, MD 20892, (301) 435– MSC 7804, Bethesda, MD 20892, (301) 435– initial review group and the CSAP 1148. 1719. National Advisory Council. This notice is being published less than 15 This notice is being published less than 15 Supplemental awards will be made in days prior to the meeting due to the timing days prior to the meeting due to the timing Fiscal Year 1999, by September 30, limitations imposed by the review and limitations imposed by the review and 1999. The studies funded under this funding cycle. funding cycle. supplement are projected to end Name of Committee: Center for Scientific Name of Committee: Center for Scientific September 30, 2000. Review Special Emphasis Panel. Review Special Emphasis Panel. Eligibility is limited to existing Date: May 7, 1999. Date: May 6, 1999. SAMHSA/CSAP’s Predictor Variables Time: 1:00 PM to 2:00 PM. Time: 10:00 AM to 11:30 AM. Agenda: To review and evaluate grant Agenda: To review and evaluate grant by Developmental Stage study sites, and applications. applications. their Research Coordinating Center. All Place: NIH, Rockledge 2, Bethesda, MD Place: NIH, Rockledge 2, Bethesda, MD currently active Predictor Variables 20892 (Telephone Conference Call). 20892 (Telephone Conference Call). grantees are eligible to apply for Contact Person: David Monsees, PHD, Contact Person: Joseph Kimm, PHD, supplemental funds under this GFA. Scientific Review Administrator, Center for Scientific Review Administrator, Center for Given the short implementation time Scientific Review, National Institutes of Scientific Review, National Institutes of frame and limited funds available for Health, 6701 Rockledge Drive, Room 3199, Health, 6701 Rockledge Drive, Room 5178 this activity, as well as existing research MSC 7816, Bethesda, MD 20892, (301) 435– MSC 7844, Bethesda, MD 20892, (301) 435– protocols that limit the scope of new 0684. 1249. This notice is being published less than 15 activities that could be introduced at This notice is being published less than 15 this point in the study, the existing days prior to the meeting due to the timing days prior to the meeting due to the timing limitations imposed by the review and Predictor Variables projects are the only limitations imposed by the review and funding cycle. projects that can effectively implement funding cycle. Name of Committee: Center for Scientific the required booster sessions and (Catalogue of Federal Domestic Assistance Review Special Emphasis Panel, IFCN 6 SBIR follow-up data collection activities. Meeting. Program Nos. 93.306, Comparative Medicine, These studies have already Date: May 6, 1999. 93.306; 93.333, Clinical Research, 93.333, demonstrated that they can make a 93.337, 93.393–93.396, 93.837–93.844, Time: 1:00 PM to 5:00 PM. positive impact on children within Agenda: To review and evaluate grant 93.846–93.878, 93.892, 93.893, National Institutes of Health, HHS) selected developmental parameters. It is applications. important to document that this impact Place: River Inn, 924 25th Street, NW, Dated: April 22, 1999. on these same children can be Washington, DC 20037. Anna Snouffer, Contact Person: Joseph Kimm, PHD, maintained as they enter the next Acting Committee Management Officer, NIH. Scientific Review Administrator, Center for developmental stages. Scientific Review, National Institutes of [FR Doc. 99–10691 Filed 4–28–99; 8:45 am] The Research Coordinating Center has Health, 6701 Rockledge Drive, Room 5178 BILLING CODE 4140±01±M put considerable effort into developing
VerDate 26-APR-99 11:10 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\A29AP3.051 pfrm03 PsN: 29APN1 23092 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Notices cross-site rapport and collecting process Management and Budget (OMB) for This Notice also lists the following data from the individual sites; an effort review, as required by the Paperwork information: that would be redundant and not cost- Reduction Act. The Department is Title of Proposal: Public Housing effective if attempted by another entity soliciting public comments on the Construction Report. at this point in the project. Additionally, subject proposal. OMB Control Number: 2577–0037. it is important to the continuity of the DATES: Comments due date: June 28, Description of the need for the study that the Research Coordinating 1999. information and proposed use: Public Center be able to continue its’ current ADDRESSES: Interested persons are Housing Agencies (PHAs) are analyses and be able to conduct responsible for contract administration secondary analyses based on the totality invited to submit comments regarding this proposal. Comments should refer to for low-income housing projects. The of the data submitted throughout the life architect, or other person licensed under of the study. the proposal by name and/or OMB Control Number and should be sent to: State law, prepares the report and Authority: These supplemental awards Mildred M. Hamman, Reports Liaison submits it to the PHA from the date of will be made under the authority of Section Officer, Department of Housing and contract execution to final inspection. 501(d)(5) of the Public Health Service Act, as The report provides information on amended ((42 USC) 290aa). The Catalog of Urban Development, 451 7th Street SW, Room 4238, Washington, DC 20410. contractors, contract amount, starting/ Federal Domestic Assistance (CFDA) number completing dates, progress on site for this program is 93.230. FOR FURTHER INFORMATION CONTACT: improvements and buildings, inspection CONTACT: Soledad Sambrano, Ph.D., Mildred M. Hamman, (202) 708–3462, forecast and acceptance for occupancy. Division of Knowledge Development extension 4128, for copies of other HUD uses the information to track the and Evaluation, Center for Substance available documents. (This is not a toll- progress of construction to ensure that Abuse Prevention, substance Abuse and free number). contract and inspection dates comply Mental Health Services Administration, SUPPLEMENTARY INFORMATION: The with HUD procedures. Rockwall II, suite 740, 5600 Fishers Department is submitting the proposed Aency Form Number: Form HU–5378. Lane, Rockville, MD 20857, (301) 443– information collection to OMB for Members of the affected public: State, 9110. review, as required by the Paperwork Local or Tribal Government. Dated: April 23, 1999. Reduction Act of 1995 (44 U.S.C. Estimation of the total number of Richard Kopanda, Chapter 35, as amended). hours needed to prepare the information Executive Officer, SAMHSA. This Notice is soliciting comments collection including number of [FR Doc. 99–10699 Filed 4–28–99; 8:45 am] from members of the public and affected respondents, frequency or response, and agencies concerning the proposed BILLING CODE 4162±20±P hours of response: 158 (projects), 12 collection of information to: (1) Evaluate months average construction period × whether the proposed collection of two reports a month = 24 for each information is necessary for the proper DEPARTMENT OF HOUSING AND project totaling 3,792 responses, 15 performance of the functions of the URBAN DEVELOPMENT minutes per response, 568 hours total agency, including whether the reporting burden, 152 hours total [Docket No. FR±4443±N±05] information will have practical utility; recordkeeping burden. (2) Evaluate the accuracy of the agency’s Status of the proposed information Notice of Proposed Information estimate of the burden of the proposed Collection: Comment Request; Public collection: Reinstatement, without collection of information; (3) Enhance change. Housing Construction Report the quality, utility, and clarity of the information to be collected; and (4) Authority: Section 3506 of the Paperwork AGENCY: Office of the Assistant Reduction Act of 1995, 44 U.S.C. Chapter 35, Secretary for Public and Indian Minimize the burden of the collection of as amended. information on those who are to Housing, HUD. Dated: April 22, 1999. ACTION: Notice. respond; including through the use of appropriate automated collection Harold Lucus, SUMMARY: The proposed information techniques or other forms of information Assistant Secretary for Public and Indian collection requirement described below technology, e.g., permitting electronic Housing. will be submitted to the Office of submission of responses. BILLING CODE 4210±33±M
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[FR Doc. 99–10782 Filed 4–28–99; 8:45 am] BILLING CODE 4210±33±C
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DEPARTMENT OF THE INTERIOR Name and Number of Animals: West sport-hunted from the Lancaster Sound Indian manatee (Trichechus manatus), polar bear population, Canada for Fish and Wildlife Service 10. personal use. Summary of Activity to be PRT–010260 Notice of Receipt of Applications for Authorized: The applicant requests a Applicant: David Petrella, Mt. Pleasant, MI Permit permit to conduct research on West The following applicants have Indian manatee behavior in the presence The applicant requests a permit to applied for a permit to conduct certain of fishing gear to determine method of import a polar bear (Ursus maritimus) activities with endangered species. This entanglement and to devise appropriate sport-hunted from the Southern notice is provided pursuant to Section mitigation. Beaufort Sea polar bear population, 10(c) of the Endangered Species Act of Source of Marine Mammals: Manatees Canada for personal use. 1973, as amended (16 U.S.C. 1531, et currently undergoing rehabilitation at PRT–010261 seq.): Sea World facilities in Florida and Applicant: Aldrege Fabian, Steubenville, OH PRT–010426 California. Period of Activity: Up to 5 years, if The applicant requests a permit to Applicant: National Aviary in Pittsburgh, issued. import a polar bear (Ursus maritimus) Pittsburgh, PA PRT–010434 sport-hunted from the Lancaster Sound The applicant requests a permit to polar bear population, Canada for Applicant: Roger Berube, Springville, ME export captive-born eggs from red- personal use. crowned (Grus japonensis) and white- The applicant requests a permit to PRT–010262 naped cranes (Grus vipio) to Khingansky import a polar bear (Ursus maritimus) Nature Reserve, Russia, for scientific sport-hunted from the Lancaster Sound Applicant: Catherine Rondeau, Rochester Hills, MI research and for the enhancement of the polar bear population, Canada for survival of the species through captive personal use. The applicant requests a permit to breeding. PRT–010433 import a polar bear (Ursus maritimus) PRT–008122 Applicant: Raymond N. Berube, Scarborough, sport-hunted from the Western Hudson Applicant: Wildlife Conservation Society, ME Bay polar bear population, Canada for personal use. Bronx, NY The applicant requests a permit to The applicant requests a permit to import a polar bear (Ursus maritimus) PRT–010287 import two female captive-bred leopards sport-hunted from the Lancaster Sound Applicant: Robert Rondeau, Jr., Rochester (Panthera pardus) from the Basil Zoo in polar bear population, Canada for Hills, MI Switzerland for enhancement of the personal use. The applicant requests a permit to survival of the species. PRT–010430 import a polar bear (Ursus maritimus) PRT–010248 Applicant: Carl W. Reinsel, Kutztown, PA sport-hunted from the Western Hudson Applicant: University of Alabama, Bay polar bear population, Canada for Birmingham, AL The applicant requests a permit to personal use. import a polar bear (Ursus maritimus) The applicant requests a permit to sport-hunted from the Lancaster Sound PRT–010653 import blood and other body fluid polar bear population, Canada for Applicant: Edward Belkin, Syosset, NY samples from chimpanzees (Pan personal use. troglodytes schweinfurthii) and bonobos The applicant requests a permit to PRT–010432 (Pan paniscus) captive-held in the import a polar bear (Ursus maritimus) Democratic Republic of Congo for the Applicant: Normand Berube, Saco, ME sport-hunted from the Southern Beaufort Sea polar bear population, purpose of scientific research and The applicant requests a permit to Canada for personal use. enhancement of the survival of the import a polar bear (Ursus maritimus) species. sport-hunted from the Lancaster Sound PRT–010655 Written data or comments should be polar bear population, Canada for Applicant: Wales Wilcox, Springfield, MO submitted to the Director, U.S. Fish and personal use. The applicant requests a permit to Wildlife Service, Office of Management PRT–010369 Authority, 4401 North Fairfax Drive, import a polar bear (Ursus maritimus) Room 700, Arlington, Virginia 22203 Applicant: Dan Meske, Bloomsburg, PA sport-hunted from the Southern and must be received by the Director The applicant requests a permit to Beaufort Sea polar bear population, within 30 days of the date of this import a polar bear (Ursus maritimus) Canada for personal use. publication. sport-hunted from the Lancaster Sound PRT–010657 The public is invited to comment on polar bear population, Canada for Applicant: Otto Cerni, Jr. New Boston, MI the following application for a permit to personal use. conduct certain activities with marine The applicant requests a permit to PRT–010367 import a polar bear (Ursus maritimus) mammals. The application was Applicant: Donald Meske, Berwick, PA submitted to satisfy requirements of the sport-hunted from the Southern Marine Mammal Protection Act of 1972, The applicant requests a permit to Beaufort Sea polar bear population, as amended (16 U.S.C. 1361 et seq.) and import a polar bear (Ursus maritimus) Canada for personal use. the regulations governing marine sport-hunted from the Lancaster Sound PRT–010660 mammals (50 CFR 18). polar bear population, Canada for Applicant: Dube Viateur, Biddeford, ME personal use. PRT–010249 The applicant requests a permit to PRT–010493 Applicant: Hubbs-Sea World Research import a polar bear (Ursus maritimus) Institute, San Diego, CA Applicant: Derin Kartak, Bothell, WA sport-hunted from the Lancaster Sound Permit Type: Take for scientific The applicant requests a permit to polar bear population, Canada for research. import a polar bear (Ursus maritimus) personal use.
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PRT–010661 engaging in Class III (casino) gambling search and rescue, utility services, and Applicant: Ronnie May, Bedford, TX on Indian reservations. The Assistant other licensed or permitted individuals. The applicant requests a permit to Secretary—Indian Affairs, Department This closure order is effective 30 days import a polar bear (Ursus maritimus) of the Interior, through his delegated after publication and public review sport-hunted from the Lancaster Sound authority, has approved the unless otherwise rescinded. It will polar bear population, Canada for Amendments to the Menominee Indian remain in effect until rescinded or personal use. Tribe of Wisconsin and the State of modified by the authorized officer. Wisconsin Gaming Compact, which The authority for this closure is 43 PRT–010662 were executed on March 2, 1999. CFR 8364.1, Closure and Restriction Applicant: Leslie Barnhart, Houston TX DATES: This action is effective April 29, Orders. Failure to comply with this The applicant requests a permit to 1999. order will subject violators to the penalties provided in 43 CFR 8360.0–7, import a polar bear (Ursus maritimus) FOR FURTHER INFORMATION CONTACT: sport-hunted from the Southern George T. Skibine, Director, Indian punishable by a fine not to exceed Beaufort Sea polar bear population, Gaming Management Staff, Bureau of $1,000 and/or imprisonment not to Canada for personal use. Indian Affairs, Washington, D.C. 20240, exceed 12 months. Written data or comments, requests (202) 219–4066. FOR FURTHER INFORMATION AND for copies of the complete application, APPLICATION FOR EXCLUSION APPROVAL Dated: April 21, 1999. or requests for a public hearing on this CONTACT: Daryl L. Albiston, Owyhee application should be sent to the U.S. Kevin Gover, Resource Area Manager, 3948 Fish and Wildlife Service, Office of Assistant Secretary—Indian Affairs. Development Ave., Boise, Idaho, 83705. Management Authority, 4401 N. Fairfax [FR Doc. 99–10676 Filed 4–28–99; 8:45 am] Telephone (208) 384–3300. Drive, Room 700, Arlington, Virginia BILLING CODE 4310±02±P Darly L. Albiston, 22203, telephone 703/358–2104 or fax Owyhee Area Manager. 703/358–2281 and must be received [FR Doc. 99–10749 Filed 4–28–99; 8:45 am] within 30 days of the date of publication DEPARTMENT OF THE INTERIOR of this notice. Anyone requesting a BILLING CODE 4310±GG±P hearing should give specific reasons Bureau of Land Management why a hearing would be appropriate. Closure of Public Land Between DEPARTMENT OF THE INTERIOR The holding of such a hearing is at the Sunset and Sunrise discretion of the Director. Bureau of Land Management Documents and other information AGENCY: Bureau of Land Management— [UT±050±1610±00] submitted with these applications are Interior. available for review, subject to the ACTION: Closure of public land between Notice requirements of the Privacy Act and sunset and sunrise. Freedom of Information Act, by any AGENCY: Bureau of Land Management. party who submits a written request for SUMMARY: Public land located in ACTION: Notice of intent to amend the a copy of such documents to the Owyhee County, known as the Jump Henry Mountain Management following office within 30 days of the Creek Recreation Site, is closed to Framework Plan of the Richfield Field date of publication of this notice: U.S. public use between sunset and sunrise, Office, Bureau of Land Management, Fish and Wildlife Service, Office of year round. Utah. Management Authority, 4401 North The closed area is generally described Fairfax Drive, Room 700, Arlington, as: West of State Highway 95, South of SUMMARY: This notice is intended to Virginia 22203. Phone: (703/358–2104); State Highway 55, adjacent to Jump inform the public that the Bureau of FAX: (703/358–2281). Creek, Jump Creek Recreation Site, T. 2 Land Management intends to consider a Dated: April 22, 1999. N., R. 5 W., Section 27, proposed amendment to the Henry MaryEllen Amtower, SE1⁄4SW1⁄4NW1⁄4, S1⁄2SE1⁄4NW1⁄4, Mountain Management Framework 1 1 1 1 1 1 Acting Chief, Branch of Permits, Office of E ⁄2NW ⁄4SW ⁄4, W ⁄2NE ⁄4SW ⁄4, Plan. This proposed amendment will Management Authority. NE1⁄4NE1⁄4SW1⁄4. consider the voluntary, partial [FR Doc. 99–10660 Filed 4–28–99; 8:45 am] The described area is the site of relinquishment and retirement of grazing privileges associated with the BILLING CODE 4310±55±P growing crime, especially during evening hours. Reported incidents of Robbers Roost Grazing Allotment #0901. illegal dumping, drug transactions, SUPPLEMENTARY INFORMATION: The DEPARTMENT OF THE INTERIOR under-age parties involving drug and Bureau of Land Management (in alcohol consumption, use of firearms, coordination with the permittee in the Bureau of Indian Affairs theft, and destruction of public Robbers Roost Allotment and a land property, have increased steadily over conservation group) is proposing to Indian Gaming past years. The purpose of the closure relinquish and permanently retire 4,077 AGENCY: Bureau of Indian Affairs, is to provide for public safety and Animal Unit Months (AUMs) within the Interior. resource protection. The area will be allotment for the long term benefit of ACTION: Notice of amendments to signed to identify the closure. Law land and wildlife resources. Preliminary approved Tribal-State Compact. enforcement personnel will enforce the issues/impacts that have been identified closure regularly. to be addressed include the following: SUMMARY: Pursuant to Section 11 of the Exceptions to this closure may be (1) Economic impacts as a result of the Indian Gaming Regulatory Act of 1988, approved by the Authorized Officer. partial elimination of grazing; (2) impact Pub. L. 100–497, 25 U.S.C. § 2710, the Exemptions may be approved for to watershed values as a result of partial Secretary of the Interior shall publish, in federal, state, and local government elimination of grazing; (3) impacts to the Federal Register, notice of approved personnel on official duty, emergency wildlife and associated habitat resulting Tribal-State Compacts for the purpose of service personnel including medical, from the re-allocation of AUMs from
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Acreage where OHV’s ‘‘Limited’’ designation more accurately fence in the Horseshoe Canyon (South) could be used with certain restrictions reflects the current situation, rather than Wilderness Study Area (WSA). Public was listed as ‘‘Limited.’’ The remaining designating very small areas as ‘‘Open’’ participation is being sought at this time area was listed as ‘‘Open.’’ The OHV in between Riparian Reserves to ensure that the proposed amendment designations completed by BLM- designated as ‘‘Limited.’’ and associated environmental analysis administered lands in the Cascades Penalties considers all reasonable issues, Resource Area are based on an alternatives, problems, and concerns interdisciplinary team review. Other Pursuant to the penalties contained in relative to the proposed action. general information of OHV designation 43 CFR 8340.0–7, any person who DATES: The comment period for this definitions may be found in 43 CFR violates or fails to comply with the proposed amendment will commence 8340.0–5. designations set forth in this notice are with the publication of this notice. SUMMARY: Additional information and subject to arrest, conviction, and Comments must be submitted on or maps showing the OHV designations punishment pursuant to appropriate before May 28, 1999. can be obtained from the Salem District laws and regulations. Such punishment may be a fine of not more than $1,000 FOR FURTHER INFORMATION CONTACT: Gary Office. The OHV designations for the or imprisonment for not longer than 12 L. Hall, Assistant Field Manager, Henry Cascades Resource Area have been months, or both. Mountains Field Station, Richfield Field completed and are as follows: Office, 150 East 900 North, Richfield, Closed Exemptions Utah 84701 telephone number 435–542– Approximately 11,010 acres are The following persons, operating in 3461 or 435–896–1564. ‘‘Closed,’’ to OHV use. These areas their official duties, are exempt from the Mike Pool, include: Carolyn’s Crown ACEC/RNA, provisions of the OHV designations: Acting State Director, Utah. 261 acres; Larch Mountain BLM employees; state, local, and federal [FR Doc. 99–10668 Filed 4–28–99; 8:45 am] Environmental Education Site, 183 law enforcement, fire protection, or BILLING CODE 4310±DQ±P acres; Middle Santiam ACEC/ONA, 108 emergency personnel; holders of BLM acres; North Santiam ACEC, 31 acres; road use permits that included roads Sandy River Gorge ACEC/RNA, 400 within a closed area; and purchasers of DEPARTMENT OF THE INTERIOR acres; Soosap Meadows ACEC, 343 BLM timber within the closure area [OR±084±6332±00; GP±0063] acres; Molalla Non-Motorized Shared- including their employees and Use Trail System, 2,634 acres; White subcontractors. Access by additional Off-Highway Vehicle Designations for Rock Fen ACEC, 51 Acres; Wilhoit parties may be allowed, but must be the Cascades Resource Area, Salem Springs ACEC, 170 acres; Willamette approved in advance by the Authorized District, OR River ACEC, 76 acres; Williams Lake Officer. ACEC, 98 Acres; and Table Rock EFFECTIVE DATES: This order is in effect AGENCY: Bureau of Land Management, Wilderness, 6,350 acres. There are also June 1, 1999, and is permanent until Interior, Salem District. 36 progeny test sites totaling 305 acres canceled, amended or replaced. ACTION : This notice supplements the, that are closed to OHV use. FOR FURTHER INFORMATION CONTACT: ‘‘Availability of the Resource Limited Richard Prather, Cascades Area Management Plan and Record of Manager, Bureau of Land Management, Approximately 87,300 acres of BLM- Decision, Salem, Oregon’’ notice Salem District, 1717 Fabry Road SE, administered lands in the Cascades published in the July 20, 1995, edition Salem, Oregon 97306, (503) 375–5683. of the Federal Register (60 FR 37464) Resource Area are designated as and establishes the final Off-Highway ‘‘Limited to Existing Roads and Dated: April 19, 1999. Vehicle (OHV) designations on all Designated Trails.’’ The remaining Richard Prather, public lands administered by the 70,700 acres are designated as ‘‘Limited Cascades Area Manager. Bureau of Land Management (BLM) to Designated Roads.’’ This includes [FR Doc. 99–10745 Filed 4–28–99; 8:45 am] within the Cascades Resource Area, Riparian Reserves that were listed as BILLING CODE 4310±33±M Salem District, Oregon. This notice ‘‘Limited’’ in the Salem District RMP to supersedes all other previous notices help address concerns about erosion related to OHV designations or closures and water quality. OHV organizations DEPARTMENT OF THE INTERIOR pertaining to BLM-administered lands and users will have the opportunity to in the Cascades Resource Area. propose the designation of existing trails Minerals Management Service Authority for this action is contained in and the development of new trails on Environmental Assessment Prepared 43 CFR 8342.1. BLM-administered lands designated as ‘‘Limited to Existing Roads and for Proposed Western Gulf Sale 174 on SUPPLEMENTARY INFORMATION: The BLM- Designated Trails.’’ the Gulf of Mexico Outer Continental administered lands in the Cascades Shelf (OCS) Open Resource Area lie within Clackamas, AGENCY: Minerals Management Service, Multnomah, Marion, and Linn Counties No acres were designated as ‘‘Open’’ Interior. in northwest Oregon. The Salem District for BLM-administered lands in the ACTION: Notice of availability of the Resource Management Plan (Salem Cascades Resource Area. When Riparian environmental assessment on proposed District RMP, May 1995) allocated acres Reserves were mapped, they Western Gulf of Mexico Lease Sale 174. in each of the three major OHV significantly fragmented BLM-
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SUMMARY: The Minerals Management FOR FURTHER INFORMATION CONTACT: whether any of the Gamut respondents Service (MMS) has prepared an Shara L. Aranoff, Esq., Office of the are in violation of the Commission’s environmental assessment (EA) for the General Counsel, U.S. International cease and desist orders. In the event that proposed annual Lease Sale 174 for the Trade Commission, telephone 202–205– he found a violation, the order also Western Planning Area of the Gulf of 3090. directed the ALJ to issue a Mexico Outer Continental Shelf. SUPPLEMENTARY INFORMATION: On recommended determination (RD) on In this EA, MMS has reexamined the February 25, 1997, at the conclusion of remedy. The ALJ is due to issue his ID potential environmental effects of the the original investigation, the and RD, if any, on or before April 28, proposed action and alternatives based Commission issued, inter alia, cease and 1999. on any new information regarding desist orders directed to respondents In order to allow the parties to express potential impacts and issues that were Gamut Trading Co., Inc. and Gamut their views concerning whether the not available at the time the Final Imports. The cease and desist orders Commission should review the ID, the Environmental Impact Statement (FEIS) prohibit Gamut Trading Co., Inc. and Commission is providing parties with for Lease Sales 171, 174, 177, and 180 Gamut Imports, as well as their the opportunity to file petitions for was prepared. ‘‘principals, stockholders, officers, review of the ID and responses thereto. In summary, no new significant directors, employees, agents, licensees, If the Commission finds a violation of impacts were identified for proposed distributors, controlled (whether by one of more of its cease and desist Lease Sale 174 that were not already stock ownership or otherwise) and/or orders, it will also consider the assessed in the FEIS for Lease Sales 171, majority-owned business entities, appropriate remedy (i.e., civil penalty). 174, 177, and 180. As a result, MMS successors and assigns,’’ from importing The Commission is therefore interested determined that a supplemental EIS is or selling for importation in to the in receiving written submissions that not required and prepared a Finding of United States, or selling, marketing, address the appropriate remedy. No New Significant Impact. distributing, offering for sale, or Written Submissions FOR FURTHER INFORMATION CONTACT: otherwise transferring (except for Public Information Unit, Information exportation) in the United States Any party of record to this Services Section at number below. You agricultural tractors under 50 power enforcement proceeding may file a may obtain single copies of the EA from take-off horsepower manufactured by petition for review of the ID and/or the Minerals Management Service, Gulf Kubota Corporation of Japan that comments on the appropriate remedy of Mexico OCS Region, Attention: infringe the KUBOTA trademark. with the Commission no later than Public Information Office (MS 5034), On July 16, 1998, Kubota Corporation, fourteen (14) days after service of the ID. 1201 Elmwood Park Boulevard, Room Kubota Tractor Corporation, and Kubota A reply to any such petition for review 114, New Orleans, LA 70123–2394 or by Manufacturing of America Inc. or comments may be filed within seven calling 1–800–200–GULF. (collectively ‘‘Kubota’’), complainants in (7) days after service of the petition or comments. Any other interested person, Dated: April 23, 1999. the original investigation, filed a including any interested government Chris C. Oynes, complaint seeking institution of a formal enforcement proceeding against agency, may file comments on the Regional Director, Gulf of Mexico OCS Region. Gamut Trading Co., Inc., Gamut appropriate remedy with the [FR Doc. 99–10670 Filed 4–28–99; 8:45 am] Imports, Ronald A. DePue (Chief Commission no later than twenty-one BILLING CODE 4310±MR±M Executive Officer and Chairman of the (21) days after the date of issuance of Board of Directors of Gamut Trading), the ID. No further submissions will be and Darrell J. DuPuy (Chief Financial permitted unless otherwise ordered by INTERNATIONAL TRADE Officer, President, and member of the the Commission. COMMISSION Board of Directors of Gamut Trading) Persons filing written submissions (collectively ‘‘the Gamut respondents’’), must file the original document and 14 [Investigation No. 337±TA±380 Enforcement alleging that they are violating the cease true copies thereof with the Office of the Proceeding] and desist orders directed to them. Secretary on or before the deadlines stated above. Any person desiring to Certain Agricultural Tractors Under 50 Kubota supplemented its complaint on submit a document (or portion thereof) Power Take-Off Horsepower; Notice of August 26, 1998. On September 28, to the Commission in confidence must Schedule for the Submission of 1998, the Commission issued an order request confidential treatment unless Petitions for Review and Comments on instituting a formal enforcement the information has already been Remedy proceeding and instructing the Secretary to transmit the enforcement proceeding granted such treatment during the AGENCY: U.S. International Trade complaint to the Gamut respondents proceedings. All such requests should Commission. and their counsel for a response. On be directed to the Secretary of the ACTION: Notice. October 19, 1998, the Gamut Commission and must include a full respondents filed a joint response to the statement of the reasons why the SUMMARY: Notice is hereby given that enforcement complaint denying Commission should grant such the U.S. International Trade violation of any of the Commission’s treatment. See 19 CFR 201.6. Documents Commission will permit parties in the remedial orders and infringement of the for which confidential treatment is above-captioned enforcement KUBOTA trademark, and asserting that granted by the Commission will be proceeding to submit petitions for the Commission lacks jurisdiction to treated accordingly. All nonconfidential review of the initial determination to be address the enforcement complaint. written submissions will be available for issued by the administrative law judge On October 28, 1998, the Commission public inspection at the Office of the on or before April 28, 1999. In addition, issued an order referring the formal Secretary. parties, interested government agencies, enforcement proceeding to the presiding This action is taken under the and other interested persons are invited administrative law judge (ALJ) for authority of section 337 of the Tariff Act to submit comments on the appropriate discovery, a hearing, and issuance of an of 1930, as amended (19 U.S.C. 1337), remedy. initial determination (ID) concerning and section 210.75 of the Commission’s
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Rules of Practice and Procedure (19 CFR fourteen markets where SBC and Justice, 1401 H St, NW, Suite 8000, 210.75). Ameritech are the two providers of Washington, DC 20530 (telephone: (202) Copies of the Commission’s Order, cellular mobile telephone services, 514–5621). public versions of the ID and RD, and including Chicago and St. Louis, and The Competitive Impact Statement, all other nonconfidential documents three markets where Ameritech is one of filed by the United States on April 16, filed in connection with this the providers of cellular mobile 1999, describes the Complaint, the enforcement proceeding are or will be telephone services and Comcast Cellular proposed Final Judgment, the alleged available for inspection during official Corporation, which SBC has entered violations, and the remedies available to business hours (8:45 a.m. to 5:15 p.m.) into an agreement to acquire, owns the private litigants. Copies of the in the Office of the Secretary, U.S. other cellular telephone system. The Complaint, proposed Final Judgment, International Trade Commission, 500 E Complaint also alleges that competition and Competitive Impact Statement are Street, SW, Washington, DC 20436, would be lessened in the St. Louis area available for inspection in Room 215 of telephone 202–205–2000. Hearing- because, as a result of this merger, the United States Department of Justice, impaired persons are advised that Ameritech would not provide local Antitrust Division, 325 7th St, NW, information on this matter can be exchange and long distance telephone Washington DC 20530 (telephone (202) obtained by contacting the services bundled with its cellular 514-2841) and at the Office of the Clerk Commission’s TDD terminal on 202– mobile telephone services, as it had of the United States District Court for 205–1810. General information planned to do in St. Louis before the District of Columbia. Copies of these concerning the Commission may also be agreeing to merge with SBC. materials may be obtained upon request obtained by accessing its Internet server The proposed Final Judgment, filed at and payment of a copying fee. (http://www.usitc.gov). the same time as the Complaint, Constance K. Robinson, requires SBC and Ameritech to divest Issued: April 26, 1999. Director of Operations and Merger one of the two overlapping cellular Enforcement, Antitrust Division. By order of the Commission. telephone systems in each of the Donna R. Koehnke, seventeen market areas. In the areas Stipulation Secretary. presently served by Comcast, and in the It is stipulated by and between the [FR Doc. 99–10781 Filed 4–28–99; 8:45 am] areas in Missouri, the Ameritech undersigned parties, by their respective BILLING CODE 7020±02±P cellular systems must be divested, while attorneys, as follows: in the other SBC and Ameritech may (1) The Court has jurisdiction over the choose which of the two systems will be subject matter of this action and over DEPARTMENT OF JUSTICE divested. The assets Ameritech planned each of the parties hereto, and venue of to use to provide local exchange and this action is proper in this Court. Antitrust Division long distance telephone services (2) The parties stipulate that a Final [Civil No. 99±0715] together with its cellular mobile Judgment in the form hereto attached telephone services in the St. Louis area may be filed and entered by the Court, United States v. SBC Communications must also be divested. The proposed upon the motion of any party or upon Inc. and Ameritech Corporation; Final Judgment requires that the assets the Court’s own motion, at any time Proposed Final Judgment and of these cellular telephone systems be after compliance with the requirements Competitive Impact Statement divested no later than 180 days of the Antitrust Procedures and following the earlier of: (1) all final Penalties Act, 15 U.S.C. 16, and without Filed: March 23, 1999. regulatory approvals needed for SBC further notice to any party or other Notice is hereby given pursuant to the and Ameritech to consummate their proceedings, provided that plaintiff has Antitrust Procedures and Penalties Act, merger; or (2) the consummation of the not withdrawn its consent, which it may 15 U.S.C. Section 16(b)–(h), that a merger of SBC and Ameritech. Before do at any time before entry of the proposed Final Judgment, Stipulation, the merger can be consummated, any proposed Final Judgment by serving and Competitive Impact Statement have assets required to be divested that have notice thereof on defendants and by been filed with the United States not been sold must be transferred to a filing that notice with the Court. District Court for the District of trustee, who will complete the (3) Defendants shall abide by and Columbia in United States v. SBC divestiture during whatever part of the comply with the provisions of the Communications Inc. and Ameritech 180-day period remains. proposed Final Judgment pending entry Corporation, Civil No. 99–0715 (D.D.C.). On April 7, 1999, SBC and Ameritech of the Final Judgment by the Court, or The proposed Final Judgment is subject notified the Department of Justice, until expiration of time for all appeals to approval by the court after the pursuant to the provisions of the of any Court ruling declining entry of expiration of the statutory 60-day public proposed Final Judgment, that they have the proposed Final Judgment, and shall, comment period and compliance with entered into an agreement to sell all of from the date of the signing of this the Antitrust Procedures and Penalties the assets of these cellular telephone Stipulation, comply with all the terms Act, 15 U.S.C. Section 16(b)–(h). systems required to be divested to a and provisions of the proposed Final On March 23, 1999, the United States venture owned 93% by GTE and 7% by Judgment as though the same were in filed a Complaint alleging that the Georgetown Partners. This agreement is full force and effect as an order of the proposed acquisition of Ameritech contingent on the consummation of the Court. Corporation by SBC Communications merger between SBC and Ameritech. (4) This Stipulation shall apply with Inc. would violate Section 7 of the Public comment is invited within the equal force and effect to any amended Clayton Act, 15 U.S.C. 18. The statutory 60-day comment period. Such proposed Final Judgment agreed upon Complaint alleges that if this merger is comments, and responses thereto, will in writing by the parties and submitted consummated, competition in the be published in the Federal Register in the Court. markets for wireless mobile telephone and filed with the Court. Comments (5) In the event plaintiff withdraws its services in seventeen areas in Illinois, should be directed to Donald J. Russell, consent, as provided in paragraph (2) Indiana and Missouri would be lessened Chief, Telecommunications Task Force, above, or in the event that the Court substantially. The areas affected include Antitrust Division, Department of declines to enter the proposed Final
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Judgment pursuant to this Stipulation, And whereas, plaintiff and headquarters in Chicago, Illinois, and the time has expired for all appeals of defendants, by their respective includes its successors and assigns, its any Court ruling declining entry of the attorneys, have consented to the entry of subsidiaries and affiliates, and its proposed Final Judgment, and the Court this Final Judgment without trial or directors, officers, managers, agents and has not otherwise ordered continued adjudication on any issue of fact or law; employees acting for or on behalf of any compliance with the terms and And whereas, entry of this Final of the foregoing entities. provisions of the proposed Final Judgment does not constitute any B. Cellular System Assets means, for Judgment, then the parties are released evidence against or an admission by any each cellular system to be divested from all further obligations under this party with respect to any issue of law under this Final Judgment, all types of Stipulation, and the making of this or fact; assets, tangible and intangible, used by Stipulation shall be without prejudice to And whereas, defendants have further defendants in the operation of each of any party in this or any other consented to be bound by the provisions the cellular systems to be divested proceeding. of the Final Judgment pending its (including the provision of long (6) Defendants represent that the approval by the Court; distance telecommunications services divestiture ordered in the proposed And whereas, plaintiff the United for wireless calls), and with respect to Final Judgment can and will be made, States believes that entry of this Final the divested cellular system in the St. and that defendants will later raise no Judgment is necessary to protect Louis Area (defined to mean the St. claims of hardship or difficulty as competition in markets for mobile Louis MO–IL Metropolitan Statistical grounds for asking the Court to modify wireless telecommunications services in Area and the Missouri 8, Missouri 12, any of the divestiture provisions Illinois, Indiana and Missouri; Missouri 18, and Missouri 19 Rural And whereas, the essence of this Final contained therein. Service Areas), shall also include those Judgment is prompt and certain assets acquired, developed, used or Dated: March 23, 1999. divestiture of certain cellular wireless intended for use in connection with the For Plaintiff United States of America. systems that would otherwise be provision of local exchange Joel I. Klein, commonly owned and controlled, telecommunications services and long including their licenses and all relevant Assistant Attorney General. distance telecommunications services assets of the cellular systems, and the A. Douglas Melamed, by such system. ‘‘Cellular System imposition of related injunctive relief to Principal Deputy Assistant Attorney General. Assets’’ shall be construed broadly to ensure that competition is not Constance K. Robinson, accomplish the complete divestitures of substantially lessened; Director of Operations and Merger the entire business of one of the two And whereas, plaintiff the United Enforcement. cellular systems in each of the States requires that defendants make Donald J. Russell, Overlapping Cellular Markets required certain divestitures of such licenses and by this Final Judgment and to ensure Chief, Telecommunications Task Force. assets for the purpose of ensuring that that the divested cellular systems Laury Bobbish, competition is not substantially remain viable, ongoing businesses. In Assistant Chief, Telecommunications Task lessened in any relevant market for the Overlapping Cellular Markets in the Force. mobile wireless telecommunications St. Louis Area, and in the Comcast Carl Willner, services in Illinois, Indiana or Missouri; D.C. Bar No. 412841. And whereas, defendants have Overlapping Cellular Markets (defined as the Joliet, IL, Aurora-Elgin, IL, and Michael Chaleff, represented to plaintiff that the divestitures ordered herein can and will Kankakee, IL Metropolitan Statistical Attorneys, Telecommunications Task Force. Areas), the Cellular System Assets to be U.S. Department of Justice, Antitrust Division, be made and that defendants will not raise any claims of hardship or divested shall be those currently owned 1401 H Street, NW, Suite 8000, Washington, and used by Ameritech. In the DC 20530. difficulty as grounds for asking the Court to modify any of the divestiture remaining Overlapping Cellular Date Signed: March 23, 1999. Markets, the Cellular System Assets to For SBC Communications Inc. provisions contained herein below; Therefore, before the taking of any be divested shall be either those Donald L. Flexner, testimony, and without trial or currently owned and used by Ameritech D.C. Bar No. 343269, Crowell & Moring LLP, adjudication of any issue of fact or law or those currently owned and used by 1001 Pennsylvania Avenue, NW, Washington, SBC, but not both. These divestitures of DC 20004–2595. herein, and upon consent of the parties hereto, it is hereby Ordered, Adjudged the Cellular System Assets as defined in Date Signed: March 17, 1999. and Decreed: this Section II.B shall be accomplished For Ameritech Corporation. by: (i) transferring to the purchaser the Richard J. Favretto, I complete ownership and/or other rights D.C. Bar No. 156588. Jurisdiction to the assets (other than those assets Mark W. Ryan, used substantially in the operations of This Court has jurisdiction of the either defendant’s overall cellular D.C. Bar No. 359098, Mayer, Brown & Platt, subject matter of this action and of each 2000 Pennsylvania Avenue NW, Washington, business that must be retained to DC 20006–1882. of the parties consenting to this Final continue the existing operations of the Judgment. The Complaint states a claim Date Signed: March 17, 1999. cellular properties defendants are not upon which relief may be granted required to divest, and that either are Stipulation Approved for Filing against the defendants under Section 7 Done this ll day of ll, 1999 not capable of being divided between lllllllllllllllllllll of the Clayton Act, 15 U.S.C. 18, as the divested cellular systems and those United States District Judge amended. that are not divested or are assets that the divesting defendant and the Final Judgment II purchaser(s) agree shall not be divided); Whereas, plaintiff, United States of Definitions and (ii) granting to the purchaser an America, filed its Complaint on March A. Ameritech means Ameritech option to obtain a non-exclusive, 23, 1999: Corporation, a corporation with its transferable license from defendants for
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Overlapping Cellular Markets also be applicable to all other persons in to operate the divested cellular systems means the following Metropolitan active concert or participation with any without impairment, where those assets Statistical Areas and Rural Service of them who shall have received actual are not subject to complete transfer to Areas used to define cellular license notice of this Final Judgment by the purchaser under (i). The assets areas by the FCC, in which Ameritech personal service or otherwise. acquired, developed, used or intended and SBC each held ownership interests B. Defendants shall require, as a for use in connection with the provision in one of the cellular wireless licenses condition of the sale or other of local exchange telecommunications issued by the FCC as of the date of the disposition to an Interim Party, which services and long distance filing of the Complaint in this action, or shall be defined to mean any person telecommunications services by the in which Comcast Cellular Corporation other than a purchaser approved by the cellular system in the St. Louis Area are (which SBC has entered into an plaintiff pursuant to Section IV.C, of all all subject to complete transfer of agreement to acquire as of January 19, or substantially all of their assets, or of ownership and/or other rights under (i). 1999) and Ameritech each held a lesser business unit containing the Assets shall include, without limitation, ownership interests in one of the Cellular System Assets required to be all types of real and personal property, cellular wireless licenses issued by the divested by this Final Judgment, that the monies and financial instruments, FCC as of the date of the filing of the Interim Party agrees to be bound by the equipment, inventory, office furniture, Complaint in this action: provisions of this Final Judgment, and shall also require that any purchaser of fixed assets and furnishings, supplies Metropolitan Statistical Areas Served by the Cellular System Assets agree to be and materials, contracts, agreements, SBC and Ameritech leases, commitments, spectrum licenses bound by Section X of this Final issued by the Federal Communications Chicago, IL Judgment. St. Louis, MO–IL Commission (‘‘FCC’’) and all other Gary-Hammond-East Chicago, IN IV licenses, permits and authorizations, Springifeld, IL Divestiture of Cellular Interests operational support systems, customer Champaign-Urbana-Rantoul, IL support and billing systems, interfaces Bloomington-Normal, IL A. Defendants Ameritech and SBC with other service providers, business Decatur, IL shall divest themselves, at or before the and customer records and information, time of consummation of the SBC/ customer lists, credit records, accounts, Rural Service Areas Served by SBC and Ameritech Merger, of the Cellular and historic and current business plans, Ameritech System Assets as defined above in each as well as any patents, licenses, sub- Illinois 2—Bureau of the Overlapping Cellular Markets, licenses, trade secrets, know-how, Illinois 5—Mason including both any direct or indirect drawings, blueprints, designs, technical Illinois 6—Montgomery financial ownership interests and any and quality specifications and protocols, Missouri 8—Callaway direct or indirect role in management or quality assurance and control Missouri 12—Maries participation in control, to a purchaser procedures, manuals and other Missouri 18—Perry or purchasers acceptable to plaintiff in technical information defendants Missouri 19—Stoddard its sole discretion, or to a trustee supply to their own employees, Metropolitan Statistical Areas Served by designated pursuant to Section V of this customers, suppliers, agents, or Comcast and Ameritech Final Judgment. Divestiture of the licensees, and trademarks, trade names Cellular System Assets in each of the and service marks (except for Joliet, IL Overlapping Cellular Markets to a trademarks, trade names and service Aurora-Elgin, IL purchaser or purchasers acceptable to Kankakee, IL (Comcast 10.07% interest) marks containing ‘‘SBC,’’ plaintiff in its sole discretion, as ‘‘Southwestern Bell,’’ ‘‘Ameritech,’’ or D. SBC means SBC Communications required in Section IV.C of this Final ‘‘Cellular One’’) or other intellectual Inc., a corporation with its headquarters Judgment, shall occur no later than one property, including all intellectual in San Antonio, Texas, and includes its hundred eighty (180) calendar days after property rights under third party successors and assigns, its subsidiaries the earlier of the following events: (i) licenses that are capable of being and affiliates, and its directors, officers, issuance of all final authorizations by transferred to a purchaser either in their managers, agents and employees acting the FCC and state regulatory entirety, for assets described above for or on behalf of any of the foregoing commissions that are necessary under (i), or through a license obtained entities. preconditions to the consummation of through or from the divesting defendant, E. SBC/Ameritech Merger means the the SBC/Ameritech Merger, or (ii) the for assets described above under (ii). merger of SBC and Ameritech, as consummation of the SBC/Ameritech Defendants shall identify in a schedule detailed in the Agreement and Plan of Merger; provided, however, that if submitted to plaintiff and filed with the Merger entered into by SBC and applications have been filed with the Court, as expeditiously as possible Ameritech on May 10, 1998, for which FCC within the one hundred eighty day following the filing of the Complaint in defendants have filed a notification period seeking approval to assign or this case and in any event prior to any pursuant to the Hart-Scott-Rodino transfer licenses to the purchaser(s) of divestitures and before the approval by Antitrust Improvements Act on July 20, the Cellular System Assets but approval the Court of this Final Judgment, any 1998. of such applications has not been intellectual property rights under third III granted before the end of the one party licenses that are used by the hundred eighty day period, the period cellular systems being divested but that Applicability and Effect shall be extended with respect to the defendants could not transfer to a A. The provisions of this Final divestiture of those Cellular System purchaser entirely or by license without Judgment shall be applicable to each of Assets for which final FCC approval has
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Defendants shall preserve all efforts to accomplish the divestitures set (including, but not limited, to entry into records of all efforts made to preserve forth in this Final Judgment (i) as local telecommunications services on a and divest any or all of the Cellular expeditiously as possible, including resale or facilities basis or long distance System Assets required to be divested obtaining all necessary regulatory telecommunications services on a resale until the termination of this Final approvals, and (ii) to a purchaser or or facilities basis), or otherwise to Judgment. purchasers at or before consummation interfere with the ability of the V of the SBC/Ameritech Merger. The purchaser(s) to compete effectively. divestitures carried out under the terms D. If they have not already done so, Appointment of Trustee of this decree shall also be conducted in defendants shall make known the A. If, at or before the consummation compliance with the applicable rules of availability of the Cellular System of the SBC/Ameritech Merger, the the FCC, including 47 CFR 20.6 Assets in each of the Overlapping defendants have not divested all of the (spectrum aggregation) and 47 CFR Cellular Markets by usual and Cellular System Assets required to be 22.942 (cellular cross-ownership). customary means, sufficiently in divested to a purchaser or purchasers Authorization by the FCC to conduct advance of the time of consummation of divestiture of a cellular system in a that have been approved by plaintiff the SBC/Ameritech Merger reasonably pursuant to Section IV.C, then, before particular manner will not modify any to enable the required divestitures to be of the requirements of this decree. defendants consummate the SBC/ carried out at or before the Ameritech Merger: C. Unless plaintiff otherwise consents consummation of the SBC/Ameritech in writing, the divestitures pursuant to 1. Defendants shall notify plaintiff in Merger. Defendants shall inform any writing whether the remaining Cellular Section IV, or by trustee appointed person making an inquiry regarding a pursuant to Section V of the Final System Assets to be divested in the possible purchase of the Cellular System Overlapping Cellular Markets, other Judgment, shall be accomplished by (1) Assets that the sale is being made divesting all of the Cellular System than those in the St. Louis Area (the St. pursuant to the requirements of this Louis, MO–IL Metropolitan Statistical Assets in any individual Overlapping Final Judgment, as well as the rules of Cellular Market entirely to a single Area and the Missouri 8, Missouri 12, the FCC, and shall provide such person purchaser (but Cellular System Assets in Missouri 18, and Missouri 19 Rural with a copy of the Final Judgment. different Overlapping Cellular Markets Service Areas), and the Comcast E. Defendants shall offer to furnish to may be divested to different Overlapping Cellular Markets (the Joliet, all prospective purchasers, subject to purchasers), and (2) selling or otherwise IL, Aurora-Elgin, IL, and Kankakee, IL conveying the Cellular System Assets to customary confidentiality assurances, Metropolitan Statistical Areas), shall be the purchaser(s) in such a way as to access to personnel, the ability to those currently owned and used by satisfy plaintiff, in its sole discretion, inspect the Cellular System Assets, and Ameritech, or those currently owned that each cellular system can and will all information and any financial, and used by SBC (in the St. Louis Area be used by the purchaser(s) as part of a operational, or other documents and the Comcast Overlapping Cellular viable, ongoing business engaged in the customarily provided as part of a due Markets, the divested Cellular System provision of cellular mobile telephone diligence process, including all Assets must be those owned by service. The divestitures pursuant to information relevant to the sale and to Ameritech), and this written notification this Final Judgment shall be made to a the areas of business in which the shall also be provided to the trustee purchaser(s) for whom it is cellular system has been engaged or has promptly upon his or her appointment demonstrated to plaintiff’s sole considered entering, except documents by the Court; satisfaction that (1) purchaser(s) has the subject to attorney-client or work 2. The Court shall, on application of capability and intent of competing product privileges, or third party plaintiff, appoint a trustee selected by effectively in the provision of cellular intellectual property that defendants are the plaintiff, who will be responsible for mobile telephone service using the precluded by contract from disclosing (a) accomplishing a divestiture of all Cellular System Assets, (2) the and that has been identified in a Cellular System Assets transferred to the purchaser(s) has the managerial, schedule pursuant to Section II.B. trustee from defendants, in accordance operational and financial capability to Defendants shall make such information with the terms of this Final Judgment, compete effectively in the provision of available to the plaintiff at the same to a purchaser or purchaser(s) approved cellular mobile telephone service using time that such information is made by the plaintiff under Section IV.C, and the Cellular System Assets, (3) with available to any other person. (b) exercising the responsibilities of the respect to the purchaser of the Cellular F. Defendants shall not interfere with licensee and controlling and operating System Assets in the St. Louis Area, if any negotiations by any purchaser to the transferred Cellular System Assets, such Cellular System Assets are retain any employees who work or have to ensure that the cellular systems divested to the purchaser by Ameritech worked since May 11, 1998 (other than remains ongoing, economically viable rather than by the trustee, the purchaser solely on a temporary assignment basis competitors in the provision of cellular has the capability of competing from another part of Ameritech or SBC) mobile wireless telecommunications effectively in the provision of local with, or whose principal responsibility services in the Overlapping Cellular exchange telecommunications services relates to, the divested Cellular System Markets, until they are divested to a and long distance telecommunications Assets. purchaser or purchasers, and the trustee services in the St. Louis Area, and (4) G. To the extent that the cellular shall agree to be bound by this Final none of the terms of any agreement systems to be divested use intellectual Judgment; between the purchaser(s) and either of property, as required to be identified by 3. Defendants shall submit a form of the defendants shall give defendants the Section II.B, that cannot be transferred trust agreement (‘‘Trust Agreement’’) to ability unreasonably (i) to raise the or assigned without the consent of the the plaintiff, which must be consistent purchaser(s) costs, (ii) to lower the licensor or other third parties, with the terms of this Final Judgment purchaser(s)’s efficiency, (iii) to limit defendants shall cooperate with the and which must have received approval
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The trustee shall maintain of control of the licenses of the monies derived from the sale of the full records of all efforts made to divest remaining cellular systems to the cellular system(s) sold by the trustee the Cellular System Assets. trustee, defendants shall irrevocably and all costs and expenses so incurred. F. If the trustee has not accomplished divest the remaining Cellular System After approval by the Court of the the divestiture of all of the Cellular Assets to the trustee, who will own such trustee’s accounting, including fees for System Assets within the time specified assets (or own the stock of the entity its services and those of any for completion of divestiture to a such assets, if divestiture is to be professionals and agents retained by the purchaser or purchaser(s) under Section effected by the creation of such an entity trustee, all remaining money shall be IV.A of this Final Judgment, the trustee for sale to purchaser(s)) and control paid to defendants and the trust shall thereupon shall file promptly with this such assets, subject to the terms of the then be terminated. The compensation Court a report setting forth: (1) the approved Trust Agreement. of such trustee and of professionals and trustee’s efforts to accomplish the B. After the appointment of a trustee agents retained by the trustee shall be required divestiture; (2) the reasons, in reasonable in light of the value of the the trustee’s judgment, why the required becomes effective, only the trustee shall divested cellular system(s) and based on divestiture has not been accomplished; have the right to sell the cellular a fee arrangement providing the trustee and (3) the trustee’s recommendations; system(s) to be divested, which shall be with an incentive based on the price provided, however, that, to the extent done within the time periods set forth and terms of the divestiture and the such reports contain information that in this Final Judgment. Those assets speed with which it is accomplished. the trustee deems confidential, such shall be the Cellular System Assets for D. The defendants shall use their best reports shall not be filed in the public the Ameritech cellular operations in the efforts to assist the trustee in docket of the Court. The trustee shall at St. Louis Area (the St. Louis MO–IL accomplishing the required divestiture, the same time furnish such report to the Metropolitan Statistical Area and the including their best efforts to effect all parties, who shall each have the right to Missiouri 8, Missouri 12, Missouri 18, necessary regulatory approvals. The be heard and to make additional and Missouri 19 Rural Service Areas) trustee and any consultants, recommendations consistent with the and the Comcast Overlapping Cellular accountants, attorneys, and other purpose of the trust. The Court shall Markets (the Joliet, IL, Aurora-Elgin, IL, persons retained by the trustee shall enter thereafter such orders as it deems and Kankakee, IL Metropolitan have full and complete access to the appropriate in order to carry out the Statistical Areas) and the Cellular personnel, books, records, and facilties purpose of the trust, which may, if System Assets as designated by of the cellular system(s) to be divested, necessary, include extending the trust defendants prior to the consummation and the defendants shall develop and the term of the trustee’s of the SBC/Ameritech Merger as set financial or other information relevant appointment by a period agreed to by forth in Section V.A.1 for the remaining to the business to be divested the plaintiff. Overlapping Cellular Markets. The customarily provided in a due diligence G. After defendants transfer the trustee shall have the power and process as the trustee may reasonably Cellular System Assets to the trustee, authority to accomplish the divestiture request, subject to customary and until those Cellular System Assets at the best price then obtainable upon a confidentiality assurances. As required have been divested to a purchaser or reasonable effort by the trustee, subject and limited by Sections IV.E and F of purchaser(s) approved by plaintiff to the provisions of Sections IV, V, and this Final Judgment, the defendants pursuant to Section IV.C, the trustee VI of this Final Judgment. Subject to shall permit prospective purchaser(s) of shall have sole and complete authority Section V.C of this Final Judgment, the the cellular system(s) to have reasonable to manage and operate the Cellular trustee shall have the power and access to personnel and to make such System Assets and to exercise the authority to hire at the cost and expense inspection of the Cellular System Assets responsibilities of the licensee, and of defendants any investment bankers, to be sold and any and all financial, shall not be subject to any control or attorneys, or other agents reasonably operational, or other documents and direction by defendants. Defendants necessary in the judgment of the trustee other information as may be relevant to shall not retain any economic interest in to assist in the divestiture and in the the divestiture required by this Final the Cellular System Assets transferred to management of the Cellular System Judgment. the trustee, apart from the right to Assets transferred to the trustee, and E. After being appointed and until the receive the proceeds of the sale or other such professionals and agents shall be divestiture of the Cellular System Assets disposition of the Cellular System accountable solely to the trustee. The is complete, the trustee shall file Assets. The trustee shall operate the trustee shall have the power and monthly reports with the parties and the cellular system(s) as a separate and authority to accomplish the divestiture Court setting forth the trustee’s efforts to independent business entity from SBC at the earliest possible time to a accomplish the divestiture ordered or Ameritech, with sole control over purchaser acceptable to the plaintiff in under this Final Judgment; provided, operations, marketing and sales. SBC its sole discretion, and shall have such however, that, to the extent such reports and Ameritech shall not communicate other powers as this Court shall deem contain information that the trustee with, or attempt to influence the appropriate. The defendants shall not deems confidential, such reports shall business decisions of, the trustee object to a sale by the trustee on any not be filed in the public docket of the concerning the operation and grounds other than the trustee’s Court. Such reports shall include the management of the cellular systems, and malfeasance. Any such objections by the name, address, and telephone number of shall not communicate with the trustee defendants must be conveyed in writing each person who, during the preceding concerning the divestiture of the to plaintiff and the trustee within ten month, made an offer to acquire, Cellular System Asset or take any action (10) days after the trustee has provided expressed an interest in acquiring, to influence, interfere with, or impede
VerDate 26-APR-99 11:10 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\A29AP3.008 pfrm03 PsN: 29APN1 23104 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Notices the trustee’s accomplishment of the whether or not plaintiff objects to the VIII divestitures required by this Final proposed divestiture. If plaintiff Financing Judgment, except that defendants may provides written notice to defendants communicate with the trustee to the and the trustee, if there is one, that it Defendants shall not finance all or extent necessary for defendants to does not object, then the divestiture may any part of any purchase by an acquirer comply with this Final Judgment and to be consummated subject only to made pursuant to Sections IV or V of provide the trustee, if requested to do defendants’ limited right to object to the this Final Judgment. so, with whatever resources or sale under Section V.B of this Final IX cooperation may be required to Judgment. Absent written notice that complete the divestitures of the Cellular plaintiff does not object to the proposed Hold Separate Order System Assets and to carry out the purchaser(s) or in the event of an A. Until accomplishment of the requirements of this Final Judgment. In objection by plaintiff, a divestiture shall divestitures of the Cellular System no event shall defendants provide to, or not be consummated. Upon objection by Assets to purchaser(s) approved by receive from, the trustee or the cellular a defendant under the proviso of plaintiff pursuant to Section IV.C, each systems under the trustee’s control any Section V.B. a divestiture proposed defendant shall take all steps necessary non-public or competitively sensitive under Section V shall not be to ensure that each of the cellular marketing, sales, or pricing information consummated unless approved by the systems that it owns or operates in the relating to their respective cellular Court. Overlapping Cellular Markets shall mobile wireless telecommunications VII continue to be operated as a separate, service businesses. independent, ongoing, economically Affidavits VI viable and active competitor to the other A. Within twenty (20) calendar days cellular system and mobile wireless Notification of the filing of the Complaint in this telecommunications providers operating A. Within two (2) business days matter and every thirty (30) calendar in the same license area; and that except following execution of a binding days thereafter until the divestitures as necessary to comply with this Final agreement to effect, in whole or in part, have been completed, defendants shall Judgment, the operation of said cellular any proposed divestiture required by deliver to plaintiff an affidavit as to the systems (including the performance of this Final Judgment, whichever fact and manner of defendants’ decision-making functions relating to defendant is divesting the cellular compliance with this Final Judgment. marketing and pricing) will be kept system, or the trustee if the trustee is With respect to the period preceding the separate and apart from, and not divesting the cellular system, shall consummation of the SBC/Ameritech influenced by, the operation of the other notify plaintiff of the proposed Merger, each such affidavit shall (i) cellular system, and the books, records, divestiture. If the trustee is responsible include, inter alia, the name, address, and competitively sensitive sales, for the divestiture, the trustee shall and telephone number of each person marketing, and pricing information similarly notify the defendants. The who, at any time after the period associated with said cellular systems notice shall set forth the details of the covered by the last such report, made an will be kept separate and apart from the proposed transaction and list the name, offer to acquire, expressed an interest in books, records, and competitively address, and telephone number of each acquiring, entered into negotiations to sensitive sales, marketing, and pricing person not previously identified who acquire, or was contacted or made an information associated with the other theretofore offered to, or expressed an inquiry about acquiring, any or all of the cellular system. interested in or a desire to, acquire any Cellular System Assets required to be B. Until the Cellular System Assets in ownership interest in the Cellular divested, (ii) describe in detail each each Overlapping Cellular Market have System Assets that are the subject of the contact with any such person during been divested to purchaser(s) approved binding agreement, together with full that period, and (iii) include a summary by the plaintiff, or transferred to a details of same. of the efforts that defendants have made trustee pursuant to Section V of this B. Within fifteen (15) calendar days of to solicit a purchaser(s) for the Cellular Final Judgment, defendants shall in receipt by plaintiff of such notice, System Assets to be divested in the accordance with past practices, with plaintiff may request from defendants, Overlapping Cellular Markets pursuant respect to the Cellular System Assets in the proposed purchaser(s), any other to this Final Judgment and to provide the Overlapping Cellular Markets third party, or the trustee (if applicable), required information to prospective (including the assets of both cellular additional information concerning the purchasers. systems in any Overlapping Cellular proposed divestiture and the proposed B. Within twenty (20) calendar days Market where the cellular system that purchaser(s) or any other potential of the filing of the Complaint in this will be divested has not yet been purchasers. Defendants and the trustee matter, defendants shall deliver to decided): shall furnish any such additional plaintiff an affidavit which describes in 1. Use all reasonable efforts to information requested within fifteen reasonable detail all actions defendants maintain and increase sales of cellular (15) calendar days of the receipt of the have taken and all steps defendants mobile telephone services, and maintain request, unless the parties shall have implemented on an ongoing basis and increase promotional, advertising, otherwise agree. Within thirty (30) to preserve the Cellular System Assets sales, and marketing support for the calendar days after receipt of the notice, to be divested pursuant to this Final cellular mobile telephone services sold or within twenty (20) calendar days Judgment. Defendants shall deliver to by the cellular systems; after plaintiff has been provided the plaintiff another affidavit describing any 2. Take all steps necessary to ensure additional information requested from changes to the efforts and actions that the Cellular System Assets are fully defendants, the proposed purchaser(s), outlined in defendants’ earlier affidavits maintained in operable condition and any third party, or the trustee, filed pursuant to Section VII.B of this shall maintain and adhere to normal whichever is later, plaintiff shall Final Judgment within fifteen (15) maintenance schedules; provide written notice to defendants calendar days after the change is 3. Provide and maintain sufficient and the trustee, if there is one, stating implemented. lines of sources of credit and working
VerDate 26-APR-99 11:10 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\A29AP3.009 pfrm03 PsN: 29APN1 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Notices 23105 capital to maintain the Cellular System from the officers, directors, employees, expire on the tenth anniversary of the Assets as viable ongoing businesses; or agents of defendants, who may have date of its entry. 4. Be prohibited from, except as part counsel present, relating to any matters lllllllllllllllllllll of a divestiture approved by plaintiff, contained in this Final Judgment. United States District Judge. removing or selling any of the Cellular B. Upon the written request of the Competitive Impact Statement System Assets, other than sales in the Attorney General or the Assistant ordinary course of business; Attorney General in charge of the The United States, pursuant to section 5. Be prohibited from terminating, Antitrust Division, made to defendants 2(b) of the Antitrust Procedures and transferring, or reassigning any at their principal offices, defendants Penalties Act, 15 U.S.C. § 16(b)–(h) employees who work with the Cellular shall submit written reports, under oath (‘‘APPA’’), files this Competitive Impact System Assets, except (a) in the if requested, relating to any of the Statement relating to the proposed Final ordinary course of business, (b) for matters contained in this Final Judgment submitted for entry in this transfer bids initiated by employees Judgment. civil antitrust proceeding. pursuant to defendants’ regular, C. No information or documents I. Nature and Purpose of the Proceeding established job posting policies, or (c) as obtained by the means provided in this necessary to promote accomplishment section X or sections VI and VII shall be The United States filed a civil of defendants’ obligations under this divulged by the plaintiff to any person antitrust Complaint on March 23, 1999, Final Judgment; and other than a duly authorized alleging that the proposed acquisition of 6. Take no action that would impede representative of the Executive Branch Ameritech Corporation (‘‘Ameritech’’) in any way or jeopardize the sale of the of the United States, or to the FCC by SBC Communications, Inc. (‘‘SBC’’) Cellular System Assets. C. Following consummation of the (pursuant to a customary protective would violate Section 7 of the Clayton SBC/Ameritech Merger, defendants order or a waiver of confidentiality by Act, 15 U.S.C. 18 by lessening shall take no action that would impede defendants), except in the course of competition in the markets for wireless in any way or jeopardize the sale of the legal proceedings to which the United mobile telephone services in seventeen Cellular System Assets. States is a party (including grand jury cellular license areas in Illinois, Indiana D. Defendants shall, during the period proceedings), or for the purpose of and Missouri. In these seventeen areas, before all Cellular System Assets have securing compliance with this Final which are identified in the Complaint as been divested to a purchaser(s) or Judgment, or as otherwise required by the ‘‘Overlapping Markets’’, Ameritech transferred to the trustee pursuant to law. is one of two providers of cellular Section V of this Final Judgment, each D. If, at the time information or mobile telephone services. The other appoint a person or persons to oversee documents are furnished by defendants provider of cellular mobile telephone the Cellular System Assets owned by to plaintiff, defendants represent and services in the Overlapping Markets is that defendant, who will be responsible identify in writing the material in any either SBC or Comcast Cellular for defendants’ compliance with the such information or documents as to Corporation (‘‘Comcast’’), which SBC requirements of Sections VII and IX of which a claim of protection may be has entered into an agreement to this Final Judgment. Such person(s) asserted under Rule 26(c)(7) of the acquire. shall not be an officer, director, Federal Rules of Civil Procedure, and Shortly before the Complaint in this manager, employee, or agent of the other mark each pertinent page of such matter was filed, the Department and defendant. material, ‘‘Subject to claim of protection the defendants reached agreement on under rule 26(c)(7) of the Federal Rules X the terms of a proposed Final Judgment, of Civil Procedure,’’ then ten (10) which requires SBC and Ameritech to Compliance Inspection calendar days’ notice shall be given by divest one of the cellular telephone For the purposes of determining or plaintiff to defendants prior to divulging systems in each of the Overlapping securing compliance of defendants with such material in any legal proceeding Markets.1 In nine of the Overlapping this Final Judgment, and subject to any (other than a grand jury proceeding) to Markets in Illinois and Indiana, the legally recognized privilege, from time which defendants are not a party. defendants can choose which cellular to time. XI system to divest, but in the five A. Duly authorized representatives of Overlapping Markets in Missouri in the the United States Department of Justice, Retention of Jurisdiction St. Louis area, as well as the three upon written request of the Attorney Jurisdiction is retained by this Court Overlapping Markets in Illinois where General or the Assistant Attorney for the purposes of enabling any of the Comcast and Ameritech both own General in charge of the Antitrust parties to this Final Judgment to apply cellular systems, the Ameritech cellular Division, and on reasonable notice to to this Court at any time for such further systems must be the ones divested. The the relevant defendant made to its orders or directions as may be necessary proposed Final Judgment also contains principal office, shall be permitted or appropriate for the construction or provisions, explained below, designed without restraint or interference from carrying out of this Final Judgment, for to minimize any risk of competitive defendants. the modification of any of the harm that otherwise might arise pending 1. to have access during office hours provisions hereof, for the enforcement completion of the divestiture. The of defendants to inspect and copy all of compliance herewith, and for the proposed Final Judgment embodying books, ledgers, accounts, punishment of any violations hereof. the settlement, and a Stipulation by correspondence, memoranda, and other plaintiff and defendants consenting to records and documents in the XII possession or under the control of Further Provisions and Termination 1 The proposed Final Judgment describes the defendants, who may have counsel seventeen license areas containing overlapping present, relating to any matters A. The entry of this judgment is in the cellular systems as the ‘‘Overlapping Cellular public interest. Markets.’’ That term has the same meaning as the contained in this Final Judgment; and ‘‘Overlapping Markets’’ referred to in the 2. to interview, either informally or on B. Unless this Court grants an Complaint, and the two terms are used the record, and to take sworn testimony extension, this Final Judgment shall interchangeably herein.
VerDate 26-APR-99 11:10 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\A29AP3.010 pfrm03 PsN: 29APN1 23106 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Notices its entry, were filed simultaneously with through its Cellular One cellular telephone calls, using radio the Complaint. systems out of region and its in-region transmissions, while traveling by car or The United States and the defendants Southwestern Bell, Pacific Bell, Nevada by other means. The mobility afforded have stipulated that the proposed Final Bell and SNET cellular or other wireless by this service is a valuable feature to Judgment may be entered after mobile systems, is the nation’s third consumers, and cellular and other compliance with the Antitrust largest wireless mobile telephone wireless mobile telephone services are Procedures and Penalties Act, 15 U.S.C. service provider, serving areas with a commonly priced at a substantial 16 (‘‘APPA’’). Entry of the proposed total population of about 82 million, premium above landline services. In Final Judgment would terminate this and it has about 6.5 million subscribers order to provide this capability, wireless action, except that the Court would nationwide. carriers must deploy an extensive retain jurisdiction to construe, modify, Ameritech, with headquarters in network of switches and radio or enforce the provisions of the Chicago, Illinois, is the fourth largest transmitters and receivers, and proposed Final Judgment and to punish RBOC in the United States, with interconnect this network with the violations thereof. The United States approximately 24 million total local networks of local and long distance and the defendants have also stipulated access lines. In 1998, Ameritech had landline carriers, and with the networks that the defendants will comply with revenues in excess of $17 billion. of other wireless carriers. In 1998, the terms of the proposed Final Ameritech provides local telephone revenues from the sale of wireless Judgment from the date of signing of the service to retail customers in Illinois, mobile telephone services totaled Stipulation, pending entry of the Final Indiana, Michigan, Ohio, and approximately $30 billion in the United Judgment by the Court, permitting the Wisconsin, and also provides cellular States. required divestitures to be carried out mobile telephone service in these states, Initially, wireless mobile telephone and the acquisition to be consummated as well as in some states outside its services were provided principally by prior to completion of the APPA local exchange service region including two cellular systems in each license procedures. Should the Court decline to Missouri and Hawaii. Ameritech is a area, as was the case in the Overlapping enter the Final Judgment, the major wireless mobile telephone service Markets. Cellular licenses were awarded defendants have also committed to providers, serving areas with a total by the Federal Communications continue to abide by its requirements population of about 30 million, and it Commission (‘‘FCC’’) beginning in the until the expiration of time for any has about 3.2 million subscribers early 1980s, within any given appeals of such ruling. nationwide. Metropolitan Statistical Area (‘‘MSA’’) On May 10, 1998, SBC and Ameritech or Rural Service Area (‘‘RSA’’).2 II. Description of the Events Giving Rise entered into a purchase agreement, the to the Alleged Violation Providers of Specialized Mobile Radio Agreement and Plan of Merger, whereby (‘‘SMR’’) services typically were also A. The Defendants and the Proposed SBC would acquire Ameritech in authorized to operate with some Transaction exchange for SBC stock valued at additional spectrum in these areas, approximately $58 billion dollars at the SBC and Ameritech are two of the including the Overlapping Markets. time of the agreement. Defendants filed In 1995 the FCC allocated (and remaining five Regional Bell Operating a notification of this transaction Companies (‘‘RBOCs’’) created in 1984 subsequently issued licenses for) pursuant to the Hart-Scott-Rodino additional spectrum for the provisions by the consent decree settling the Antitrust Improvements Act, 15 U.S.C. United States’ antitrust case against of PCS, a category of services which 18a, on July 20, 1998. includes wireless mobile telephone American Telephone & Telegraph Co. SBC has also entered into an services comparable to those offered by SBC and Ameritech each provide local agreement as of January 19, 1999, to cellular carriers. In 1996 one SMR exchange telephone services indistinct acquire Comcast Cellular Corporation spectrum licensee began to use its SMR regions, and also provide wireless for $1.67 billion, which would give SBC spectrum to offer wireless mobile mobile telephone services, including all of Comcast’s cellular telephone telephone services, comparable to that cellular mobile telephone services, both systems. Notification of this transaction offered by cellular providers and within and outside of their local also was filed pursuant to the Hart- bundled with dispatch services, in a exchange service regions. Scott-Rodino Antitrust Improvements number of areas including some of the SBC, with headquarters in San Act. By acquiring Comcast’s cellular Overlapping Markets. The areas for Antonio, Texas, is the second largest telephone systems, SBC would become which PCS providers are licensed differ RBOC in the United States, with a provider of cellular mobile telephone from the cellular MSAs and RSAs but approximately 43 million total local services in additional areas in Delaware, overlap with them.3 However, in many access lines. In 1998, SBC had revenues Illinois, Indiana, New Jersey and areas, including the Overlapping in excess of $28 billion. SBC provides Pennsylvania. The acquisition of the Markets, not all of the PCS license local telephone services to retail Comcast cellular systems would add holders have started to offer services or customers in Arkansas, California, about 800,000 subscribers to SBC’s total Connecticut, Kansas, Missouri, Nevada, of wireless subscribers nationwide. Oklahoma, and Texas as well as cellular 2 25 MHZ of spectrum was allocated to each If both transactions were cellular system in an MSA or RSA. MSAs are the mobile telephone services or other consummated, the combined total of 306 urbanized areas in the United States defined by wireless mobile telephone services in SBC’s and Ameritech’s cellular and the federal government, used by the FCC to define those states. SBC also provides cellular other wireless mobile telephone service the license areas for urban cellular systems. RSAs mobile telephone services or other are the 428 areas defined by the FCC used to define subscribers would be 10.5 million, the license areas for rural cellular systems outside wireless mobile telephone services in including the number of subscribers of MSAs. some areas outside its local exchange SBC would receive from its acquisition 3 There can be as many as three PCS providers, service region, including the District of of Comcast. with 30 MHZ of spectrum each, authorized to serve Columbia and areas within the states of areas considerably larger than a single MSA or RSA. B. Wireless Mobile Telephone Services In addition, there can be as many as three PCS Illinois, Indiana, Maryland, providers, with 10 MHZ of spectrum each, licensed Massachusetts, Rhode Island, New York, Wireless mobile telephone services to provide service in smaller areas that overlap Virginia, and West Virginia. SBC, permit users to make and receive more closely with a given MSA or RSA.
VerDate 26-APR-99 11:10 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\A29AP3.012 pfrm03 PsN: 29APN1 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Notices 23107 have even begun to construct the SBC/Ameritech Overlapping Markets the Herfindahl-Hirschman Index (HHI), facilities necessary to begin offering which is commonly employed by the MSAs service. The PCS providers have tended Department of Justice in merger to enter first in the largest cities, Chicago, IL analyses and is explained in more detail entering in smaller markets only later St. Louis, MO–IL in Appendix A to the Complaint, and not to as great an extent. Moreover, Gary-Hammond-East Chicago, IN concentration in these markets is even in those are where one or more Springfield, IL already in the range of 3200 to 4100, PCS providers have constructed their Champaign-Urbana-Rantoul, IL well above the 1800 threshold at which networks and have started to offer Bloomington-Normal, Il the Department normally considers a Decatur, IL service or some SMR spectrum is also market to be concentrated. After the used for wireless mobile telephone RSAs merger, the HHI in these markets will greatly increase and will range from services, including the Overlapping Illinois 2—Bureau Markets, the incumbent cellular 6400 to 8100. In the Comcast/Ameritech Illinois 5—Mason Overlapping Markets, the combined providers, such as SBC and Ameritech, Illinois 6—Montgomery market share of Comcast and Ameritech still typically control the great majority Missouri 8—Callaway similarly is much larger than that of all of the market. Missouri 12—Maries Missouri 18—Perry other wireless mobile competitors, and C. Anticompetitive Consequences of the Missouri 19—Stoddard the merger would similarly lead to large Proposed Acquisition increases in concentration. Comcast/Ameritech Overlapping Competition between SBC and SBC and Ameritech are the sole Markets Ameritech, and between Comcast and providers of cellular mobile telephone Ameritech, as the two largest providers MSAs services, and the two primary providers of wireless mobile telephone services in of all wireless mobile telephone Joliet, IL the Overlapping Markets, has resulted services, in fourteen cellular license Aurora-Elgin, IL in lower prices and higher quality of areas in the states of Illinois, Indiana, Kankakee, IL (Comcast has a 10.07% service in these markets than would and Missouri. These fourteen areas are interest in this cellular system) otherwise have existed absent such referred to in the Complaint as the If SBC’s plan to acquire Ameritech competition. If SBC and Ameritech were ‘‘SBC/Ameritech Overlapping Markets.’’ were consummated, only one provider to merge, the competition between SBC SBC and Ameritech are direct of cellular mobile telephone services and Ameritech and between Comcast competitors in the markets for wireless would remain available to consumers in and Ameritech in wireless mobile mobile telephone services in the SBC/ the Overlapping Markets. SBC would telephone services in these markets Ameritech Overlapping Markets. own both cellular systems in the SBC/ would be eliminated, and competition In three cellular license areas in the Ameritech Overlapping Markets. In overall for wireless mobile state of Illinois, the cellular systems addition, because SBC already manages telecommunications services would be owned entirely or in part by Ameritech the Comcast cellular systems in Illinois, substantially lessened in the and Comcast are the sole providers of SBC would operate both of the cellular Overlapping Markets by SBC’s cellular mobile telephone services, and systems in the Comcast/Ameritech acquisition of Ameritech. As a result of the two primary providers of all Overlapping Markets if SBC were to the loss in competition between SBC wireless mobile telephone services. acquire Ameritech. If both the Comcast and Ameritech, and between Comcast These three areas, which are in addition and Ameritech acquisitions were and Ameritech, there would be an to the fourteen cellular license areas consummated, SBC would own, entirely increased likelihood both of unilateral where Ameritech and SBC own or in part, both of the cellular systems actions by the combined firm in these overlapping cellular systems, are in the Comcast/Ameritech Overlapping markets to increase prices, diminish the referred to in the Complaint as the Markets. quality or quantity of service provided, ‘‘Comcast/Ameritech Overlapping Therefore, SBC’s acquisition of or refrain from making investments in Markets.’’ Comcast and Ameritech are Ameritech would cause the level of network improvements, and of direct competitors in the markets for concentration among firms providing coordinated interaction among the wireless mobile telephone services in wireless mobile telephone services in limited number of remaining the Comcast/Ameritech Overlapping the Overlapping Markets to increase competitors that could lead to similar Markets. SBC already manages the significantly. Already a high level of anticompetitive results. Competition would also be adversely Comcast cellular systems in the concentration in the provision of affected in another, related way by the Comcast/Ameritech Overlapping wireless mobile telephone services exists in the Overlapping Markets. In consummation of SBC’s acquisition of Markets. When the Comcast acquisition Ameritech. In the SBC/Ameritech is consummated, SBC and Ameritech the SBC/Ameritech Overlapping Markets, the individual market shares of Overlapping Markets in the St. Louis will own, entirely or in part, the area, including the St. Louis MSA and overlapping cellular systems in these SBC and Ameritech, measured on the basis of the numbers of subscribers or the four RSAs in Missouri, Ameritech additional three cellular license areas in planned, prior to its announcement of the state of Illinois. wireless lines served, range from 30% to over 50%. The combined market share its agreement to be acquired by SBC, to In the Overlapping Markets, the of SBC and Ameritech in the provision population potentially addressable by other measures of market share may provide a more of wireless mobile telephone services is cellular mobile telephone systems totals precise indication of market concentration or a in the range of 80 to 90%, taking into firm’s competitive significance. The use of about 11 million, including over 10.8 account other operational wireless subscriber data here is reasonable, given that million in the SBC/Ameritech mobile competitors.4 As measured by measuring market share in other ways would not Overlapping Markets and nearly affect the Department’s conclusions. The market 200,000 in the Comcast/Ameritech shares of SBC and Ameritech would also be very 4 The United States has used subscriber data here high if measured on a variety of dimensions other Overlapping Markets. The Overlapping to estimate market shares because those data are than subscribers or lines served, such as revenues Markets are listed below: more readily available. In some contexts, however, or volumes of traffic handled.
VerDate 26-APR-99 11:10 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\A29AP3.013 pfrm03 PsN: 29APN1 23108 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Notices provide local exchange and long choose which of the two systems in merger, the United States concluded distance telephone services in SBC’s each market must be divested. Section that the divestiture of the Ameritech local telephone service area. Ameritech IV.C permits the different cellular cellular systems in the St. Louis area, would have competed with SBC systems in separate Overlapping together with ‘‘those assets acquired, primarily by selling bundled packages Cellular Markets to be divested to developed, used or intended for use in of such local exchange and long different purchasers, but requires that, connection with the provision of local distance telephone services, together for any individual cellular system, the exchange telecommunications services with its cellular mobile telephone Cellular System Assets be divested and long distance telecommunications service, to existing Ameritech entirely to a single purchaser, unless the services by such system[s],’’ would be residential cellular customers. There is United States otherwise consents in necessary, as required by Section II.B of no alternative source of such a bundled writing. the proposed Final Judgment. product in the St. Louis area at present. In the Comcast/Ameritech The proposed Final Judgment’s Ameritech expected that its plan would Overlapping Markets, because Comcast divestiture provisions are intended to enhance its ability to retain existing is not a party to the consent decree, the accomplished the ‘‘complete divestiture cellular customers. Ameritech had made necessary divestitures to avoid loss of of the entire business of one of the two extensive preparations for entry, over competition between the overlapping cellular systems in each of the the course of more than a year, and was cellular systems could be effected only Overlapping Cellular Markets,’’ as ready to begin providing local exchange through Ameritech. Comcast was not Section II.B states. Section II.B also and long distance telephone services to considered a necessary party to this specifies in detail the types of assets to its cellular mobile telephone customers action because SBC’s acquisition of be divested, which collectively are at the time it agreed to be acquired by Comcast, standing alone, is not a described throughout the consent decree SBC. Shortly thereafter, because it was competitive problem. A violation of as ‘‘Cellular System Assets,’’ and being acquired by SBC, Ameritech Section 7 of the Clayton Act only arises addresses some special circumstances decided not to implement its local in the three Comcast/SBC Overlapping concerning the divestiture of those exchange and long distance entry plans Markets when the Comcast acquisition assets. In all of the Overlapping in the St. Louis area. The consummation is considered together with SBC’s Markets, Cellular System Assets means of SBC’s acquisition of Ameritech thus merger with Ameritech. all types of assets, tangible and would preclude such competition by The reason for requiring the intangible, used by defendants in the Ameritech. divestiture of the five Ameritech operation of each of the cellular systems It is unlikely that entry within the cellular systems in the St. Louis area is to be divested, including the provision next two years into wireless mobile different, arising from Ameritech’s plans of long distance telecommunications telephone services in the Overlapping prior to the merger to compete with SBC service for wireless calls. For the five Markets would be sufficient to mitigate in providing local exchange and long Ameritech cellular systems to be the competitive harm resulting from this distance telephone services together divested in the St. Louis area, additional acquisition, if it were to be with its cellular mobile telephone types of assets related to Ameritech’s consummated. services in St. Louis. Ameritech had plans for providing local exchange and For these reasons, the United States made extensive preparations to provide long distance telecommunications concluded that the merger as proposed local exchange and long distance services are also included, as described may substantially lessen competition, in services in SBC’s local telephone service above. Section II.B enumerates in detail, violation of Section 7 of the Clayton area, over the course of the year without limitation, particular types of Act, in the provision of wireless mobile preceding the announcement of the assets covered by the divestiture merger, and was ready to launch its telephone services in the Overlapping requirement. bundled offering of these services For the most part, the divesting Markets. together with cellular telephone service defendant is required to transfer to the III. Explanation of the Proposed Final at the time the merger was announced. purchaser the complete ownership and/ Judgment In contrast, the SBC cellular systems in or other rights to the Cellular System the St. Louis area, being owned by the Assets. However, the merged firm will A. The Divestiture Requirement incumbent local telephone service retain a number of other cellular The proposed Final Judgment will provider, had made no preparations to systems in areas that do not overlap, preserve competition in the sale of offer local exchange telephone service and prior to the merger each defendant mobile wireless services in the competition in any of the relevant may have had certain assets that were Overlapping Markets by requiring the markets in Missouri. used substantially in the operations of defendants to divest one of their two The loss of competition in cellular its overall cellular business and that cellular telephone systems in each of mobile telephone services between the must be retained to some extent to the Overlapping Markets. This Ameritech and SBC cellular systems in continue the exiting operations of the divestiture will eliminate the change in Missouri, standing alone, required one cellular properties not being divested. market structure caused by the merger. of the two cellular systems to be Section II.B permits special divestiture The divestiture requirements of the divested, as in the other Overlapping arrangements for such assets either if proposed Final Judgment, as stated in Markets. However, a buyer of the they are not capable of being divided Sections IV.A and II.B, direct Ameritech Ameritech cellular systems would be between the divested and retained to divest its cellular telephone systems much more favorably positioned to cellular systems, or if the divesting in St. Louis and other markets in enter rapidly into local exchange and defendant and the purchaser agree not Missouri, as well as its cellular long distance telephone services in St. to divide them. For these assets, the telephone systems in the three markets Louis and provide a bundled product divestiture requirement is satisfied if the in Illinois where is overlaps with together with its cellular services than divesting defendant grants to the Comcast. In the remaining markets in would a buyer of the SBC cellular purchaser, at the election of the Illinois and Indiana where SBC’s and systems in the St. Louis area. Therefore, purchurer, an option to obtain a non- Ameritech’s cellular telephone systems in order to remedy this aspect of the exclusive, transferable license for a overlap, SBC and Ameritech may competitive harm arising from the reasonable period to use the assets in
VerDate 26-APR-99 11:10 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\A29AP3.015 pfrm03 PsN: 29APN1 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Notices 23109 the operation of the cellular system to continue the existing operations of and Ameritech consummate their being divested, so as to enable the defendants’ remaining cellular merger, or the time that they receive the purchaser to continue to operate the properties, and that are not capable of final regulatory approvals from the FCC divested cellular systems without being divided or that the divesting and state regulatory commissions that impairment. None of the Cellular defendant and purchaser agree not to are necessary preconditions to System Assets associated with divide, are to be made available to the consummation of the merger, whichever Ameritech’s plans to provide local purchaser through a non-exclusive, is earlier. These alternative starting exchange and long distance transferable license. Section II.B dates were chosen because, at the time telecommunications service in the St. therefore creates an obligation on the SBC and Ameritech entered into the Louis are covered by this licensing part of SBC and Ameritech to license Stipulation and agreed to the proposed requirement, because all of those assets the ‘‘Clearpath’’ trade name, currently Final Judgment, the FCC and two state are required to be transferred used in connection with Ameritech’s regulatory commissions, the Illinois completely to the purchaser. digital cellular services, to a purchaser Commerce Commission and the Ohio The definition of Cellular system of Cellular System Assets currently Public Utilities Commission, were still Assets in section II.B contains the owned by Ameritech. The Department reviewing SBC’s acquisition of special provisions relating to has been advised by Ameritech, and Ameritech. The approval of these three intellectual property. One addresses recognizes on that basis, that (1) regulatory bodies is necessary for the intellectual property rights that Ameritech’s use of the trade name acquisition to be consummated.6 If defendants may have under third-party ‘‘Clearpath’’ is subject to a letter SBC’s acquisition of Ameritech were not licenses that could not be transferred to agreement between Ameritech and consummated because any of those a purchaser entirely or by license Unisys Corporation, (2) any use by a regulatory bodies denied the necessary without the consent of the third-party purchaser of Ameritech Cellular System approval, defendants would not be licensor. If any such assets are used by Assets would be pursuant to a license required to divest their cellular systems the cellular systems being divested, agreement which the purchaser would in the Overlapping Markets. defendants must identify them in a need to enter into with SBC and/or schedule submitted to plaintiff and filed Even though approval by these three Ameritech; and (3) such a license regulatory bodies is a necessary with the Court as expeditiously as agreement would need to contain terms possible following the filing of the precondition for the merger to be and conditions that would protect SBC consummated, after an initial favorable Complaint, in any event, prior to any and Ameritech from claims by Unisys divestiture and before the Court decision by any of those regulatory related to the use of that trade name. bodies, a brief period of time would approves the proposed Final Judgment. Section IV contains other provisions Defendants must explain the necessary exist for reconsideration before the to facilitate divestiture, including decision would become final consents and how a consent would be notification of the availability of the obtained for each asset. This proviso is Defendants could agree to consummate Cellular System Assets for purchase in their merger based on the initial not intended to afford defendants any Section IV.D, access to information opportunity to withhold intellectual decisions, before the period for about the Cellular System Assets in reconsideration has run. Therefore, the property rights over which they have Section IV.E, and preservation of any control, which could impair the time for divestiture has been linked to records in Section IV.H. In addition, to the first event that would allow the ability of a purchaser to use the divested ensure that a purchaser will be able to cellular system to compete effectively. It acquisition to take place, either the last operate the divested cellular systems relates only to intellectual property of the three necessary final regulatory without impairment, section IV.F assets that defendants have no power to approvals or a decision by the prohibits defendants from interfering transfer themselves, and defendants defendants to consummate the merger with a purchaser’s negotiations to retain must do all that is possible to transfer without any or all of these final any employees who work or have the entire business of the divested regulatory approvals. worked since the date of the cellular systems. To make this clear, announcement of the merger with the Defendants are also required by section IV.G obligates defendants to Cellular System Assets, or whose Section IV.B to use their best efforts to cooperate with any purchaser as well as principal responsibility relates to the accomplish the divestitures of the a trustee, if any, to seek to obtain the Cellular System Assets.5 Cellular System Assets in the necessary third-party consents, if any Overlapping Cellular Markets to a assets require such consents before they B. Timing of Divestiture purchaser or purchasers at or before the may be transferred to a purchaser. consummation of the merger of SBC and The second proviso relates to certain In antitrust cases involving mergers in which the United States seeks a Ameritech, and to do so as specific trademarks, trade names and expeditiously as possible, including service marks. Section II.B, defining the divestiture remedy, it requires completion of the divestiture within the obtaining all required regulatory Cellular System Assets to be divested, approvals. generally requires the divestiture of shortest time period reasonable under trademarks, trade names and service the circumstances. The proposed Final In addition, the proposed Final marks, with the four specified Judgment in this case requires, in Judgment requires in Section IV.B that exceptions of ones containing ‘‘SBC’’, section IV.A, that the divestitures of the defendants comply with all of the ‘‘Southwestern Bell’’, ‘‘Ameritech’’, or Cellular System Assets in the seventeen applicable rules of the FCC in carrying ‘‘Cellular One,’’ which are the names Overlapping Cellular Markets to a out the divestitures. These rules include under which the defendants’ retained purchaser or purchasers approved by 47 CFR 20.6 (spectrum aggregation) and cellular systems, or their corporate the United States must be completed 47 CFR 22.942 (cellular cross- parents, do business. Such trademarks, within 180 days of the time that SBC trade names and service marks, like 6 The merger is also being reviewed by other state 5 There is a limited exception for employees telecommunications regulators, e.g., in Indiana, but other assets, are either to be divested in working with the Cellular System Assets solely on the United States understands that prior approval their entirety or in the case of such a temporary basis from another part of SBC or by other state regulators is not necessary for the marks and names that must be retained Ameritech. merger to proceed.
VerDate 26-APR-99 11:10 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\A29AP3.016 pfrm03 PsN: 29APN1 23110 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Notices ownership).7 These FCC requirements of the Final Judgment. As part of this notified the United States which may add to, but cannot subtract from or divestiture, SBC and Ameritech must Cellular System Assets in each impair, the requirements of this relinquish any direct or indirect Overlapping Market will be divested; (2) proposed Final Judgment, since Section financial ownership interests and any the Court must have appointed a trustee, IV.B specifies that authorization by the direct or indirect role in management or which shall be selected by the United FCC to conduct divestiture of a cellular participation in control. Thus, if SBC States; (3) defendants must have system in a particular manner will not and Ameritech want to consummate submitted a form of Trust Agreement modify any of the requirements of the their merger before they have completed consistent with the terms of the Final decree. The provisions of the proposed the divestitures of Cellular System Judgment, and the form agreement must Final Judgment have been designed to Assets to approved purchasers, by the have received approval by the United avoid any conflict with the FCC’s rules. time of consummation, they must have States; and (4) after receiving FCC In particular, the inclusion of the transferred any remaining Cellular approval for the license transfers, trusteeship requirements discussed System Assets to a trustee chosen by the defendants must irrevocably divest the below ensures that impermissible Department of Justice. Pursuant to unsold Cellular System Assets to the control of both cellular systems by the Section V of the proposed Final trustee. As a practical matter, the merged company should not arise even Judgment, the trustee will own and process of establishing a trust if defendants were to consummate their control the systems until they are sold arrangement for any Cellular System merger during the 180-day period to a final purchaser, subject to Assets will take some time, so if authorized for divestiture, at a time safeguards to prevent SBC and defendants plan to make use of this when some of the cellular systems have Ameritech from influencing their option, they will need to begin not yet been sold to any purchaser operation. preparations for it soon after the 180 approved by the Department of Justice. This trust arrangement is an option days has begun to run. Since the FCC’s approval is required for available to defendants, to enable them The trustee will have the obligation the transfer of the cellular system to consummate their merger once all and the sole responsibility, under licenses to a purchaser, Section IV. A regulatory approvals have been Section V.B, for the divestiture of any provides one exception to the 180-day received, even if the 180-day period for transferred Cellular System Assets. The divestiture period. If applications for divestitures has not yet run and some trustee has the authority to accomplish transfer of a cellular license have been Cellular System Assets that must be divestitures at the earliest possible time filed by the FCC within the 180 day divested have not yet been purchased. It and ‘‘at the best price then obtainable period, but the FCC has not granted is not the preferred option, however, as upon a reasonable effort by the trustee.’’ approval before the end of that time, the indicated by the requirement in Section The defendants are not entitled to object period for divestiture of the specific IV.B that defendants use their best to divestiture based on the adequacy of Cellular System Assets covered by the efforts to accomplish the divestitures the price the trustee obtains or any other license that cannot yet be transferred before consummation of the merger. The ground, unless the trustee’s conduct shall be extended until five days after overall period of 180 days to complete amounts to malfeasance. The terms of FCC’s approval is received. This the divestitures continues to apply, the trustee’s compensation, under extension is to be applied only to the whether the divestitures are made by Section V.C, will provide incentives individual cellular system affected by SBC and Ameritech or by the trustee. In based on the price and terms of the the delay in approval of the license other words, the transfer of any Cellular divestiture and the speed with which it transfer and does not entitle defendants System Assets to the trustee does not is accomplished. As provided by to delay the divestiture of any other extend the time to complete the Sections V.B and V.C., defendants will Cellular System Assets for which divestitures. The trustee simply has pay the compensation and expenses of license transfer approval has been whatever part of the 180-day period the trustee, and of any investment granted. remains from the time SBC and bankers, attorneys or other agents that Ameritech transfer the cellular systems. the trustee finds reasonably necessary in C. Use of a Trustee Subsequent to If, for any reason, the trustee has not his judgment to assist in the divestiture Consummation of the Acquisition completed all of the required and the management of the Cellular The proposed Final Judgment divestitures to purchasers within this System Assets. provides in Section IV.A that, at or period, the trustee is required, under The trusteeship mechanism has been before the time that SBC and Ameritech Section V.F, to report to the Court on used by the FCC, in a variety of consummate their merger, they must the efforts made and the reasons why contexts, to provide a short period of divest the Cellular System Assets in divestiture has not been accomplished, time in which to complete a sale of a each of the Overlapping Cellular but the trust period may be extended by spectrum licensee that must be divested, Markets, either to purchasers acceptable the Court only if plaintiff agrees to the while permitting the broader merger or to plaintiff in its sole discretion, or to a period involved. acquisition that necessitates the trustee designated pursuant to Section V Section V details the requirements for divestiture to go forward. In this the establishment of the trust, the context, the critical feature of the 7 The FCC’s spectrum aggregation rules, in 47 selection and compensation of the trusteeship arrangement is that the CFR 20.6, do not permit a licensee to have an trustee, the responsibilities of the trustee will not only have responsibility attributable interest in more than 45 MHz of spectrum licensed for cellular, PCS or SMR with trustee in connection with divestiture for sale of the Cellular System Assets, significant overlap in any geographic area. The FCC and operation of the Cellular System but will also be the authorized holder of will attribute an interest if it is controlling, or if in Assets, and the termination of the trust. the cellular system license, with full most cases it is 20% or more of the equity, If defendants have not divested all of responsibility for the operations, outstanding stock or voting stock of the licensee. The FCC’s cellular cross-ownership rules, in 47 CFR their Cellular System Assets in the marketing and sales of the cellular 22.942, also prohibit a licensee or any person Overlapping Cellular Markets to system to be divested, and will not be controlling a licensee from having a direct or approved purchasers by the time of subject to any control or direction by indirect ownership interest of more than 5% in both consummation of the merger, Section defendants. The defendants will no cellular systems in an overlapping cellular geographic service area, unless such interests pose V.A requires that before consummating longer have any role in the ownership, ‘‘no substantial threat to competition.’’ the merger: (1) defendants must have operation or management of the Cellular
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System Assets to be divested following Ameritech rather than by the trustee, the depending on their economic consummation of their merger, as purchaser has the capability of attractiveness. provided by Section V.G, other than the competing effectively in the provision of In exercising its sole discretion to right to receive the proceeds of the sale, local exchange telecommunications approve a purchaser under Section IV.C, and certain obligations to provide services and long distance the United States will take into account cooperation to the trustee in order to telecommunications services in the St. the following considerations. In complete the divestiture, as indicated in Louis Area, and (4) none of the terms of evaluating the capability of a purchaser Section V.D. Defendants are precluded any agreement between the purchaser(s) to provide cellular mobile telephone under Section V.G from communicating and either of the defendants shall give service under (1) or (2), or local with the trustee, or seeking to influence defendants the ability unreasonably (i) exchange telecommunications services the trustee, concerning the divestiture or to raise the purchaser(s)’s costs, (ii) to and long distance telecommunications the operation and management of the lower the purchaser(s)’s efficiency, (iii) services under (3), the United States cellular systems transferred, apart from to limit any line of business which a will consider the capabilities not only of the limited communications necessary purchaser(s) may choose to pursue the immediate purchaser of Cellular to carry out the Final Judgment and to using the Cellular System Assets System Assets, but also of any parent, provide the trustee with the necessary (including, but not limited, to entry into subsidiary, corporate affiliate or partner resources and cooperation to complete local telecommunications services on a of the immediate purchaser, to the the divestitures. Defendants and the resale or facilities basis or long distance extent that the United States is satisfied trustee are subject to an absolute telecommunications services on a resale that such capabilities of related entities prohibition on exchanging any non- or facilities basis), or otherwise to would actually be available to the public or competitively sensitive immediate purchaser to provide the marketing, sales or pricing information interfere with the ability of the purchaser(s) to compete effectively. services. Moreover, in evaluating a relating to either of the cellular system purchaser’s capability to provide All of these criteria must be satisfied businesses in the Overlapping Markets. services under (1), (2), or (3), the United These safeguards will protect against whether the divestiture is accomplished States will consider all of the assets and any competitive harm that could arise by defendants or the trustee, with the capabilities of the purchaser (including from coordinated behavior or exception of (3), which applies only to their affiliated entities where it is information sharing between the two divestitures made by defendants and not appropriate to take these into account, cellular systems after the merger, during if the trustee assumes control over the as discussed above) that are actually the limited period while sale of the Cellular System Assets in the St. Louis available at present to provide the Cellular System Assets is not yet Area. In the case of any divestiture, by relevant services, including, without complete. They ensure that the defendants or the trustee, it is important limitation, financial assets, the assets trusteeship arrangement is consistent to ensure that the ongoing cellular being acquired from SBC and/or with the FCC’s rules. businesses go to purchasers with the Ameritech, and the experience of D. Criteria for the United States’ capability and intent of operating them members of the purchaser’s Approval of Purchasers as effective competitors in the lines of management team. The capability to business they already serve, and that compete effectively in providing both Under the proposed Final Judgment, there are no conditions restricting the United States has an important role local exchange service and long distance competition in the terms of the sale. The in the approval of purchasers for each service under (3) can be on either a United States, however, viewed the of the divested cellular systems, to resale or facilities basis. The United issue of potential competition in local ensure that the purchasers chosen by States would look most favorably, in exchange and long distance the defendants or the trustee are assessing capability, on those telecommunications services in the St. adequate from a competitive viewpoint. purchasers (including their affiliated The United States’ approval or rejection Louis Area somewhat differently. entities where these are appropriate to of a purchaser is at its sole discretion, Defendants have incentives to divest take into account, as discussed above) as Section IV.A specifies, but the Ameritech’s Missouri cellular properties that have significant experience in consent decree also embodies certain in a way that could minimize the risk providing cellular mobile telephone criteria that the United States will apply of their use for such competition to SBC, service for purposes of (1) and (2), and in making the approval decision. while a trustee charged with seeking the on those purchasers that have Specifically, Section IV.C of the best price obtainable would not have significant experience in providing local proposed Final Judgment requires that similar incentives. Also, the United exchange and long distance services for the divestitures of Cellular System States has sought only to ensure that the purposes of (3). Conversely, a purchaser Assets be made to a purchaser or purchaser of Ameritech’s St. Louis-area without such experience would need to purchasers for whom it is demonstrated cellular systems would have the make a more compelling demonstration to plaintiff’s sole satisfaction that: (1) capability to compete effectively in to satisfy the United States. The United the purchaser(s) has the capability and these additional lines of business; it has States’ evaluation of a purchaser with intent of competing effectively in the not insisted on proof of intent to limited or no experience in providing provision of cellular mobile telephone compete. Such claims of intent are the relevant services would take into service using the Cellular System inherently less subject to verification account the nature and extent of efforts Assets; (2) the purchaser(s) has the when dealing with a new line of made by the defendants (or trustee, if managerial, operational and financial business, and, unlike the situation with applicable) to find purchasers with capability to compete effectively in the an ongoing profitable business, a more substantial experience. A provision of cellular mobile telephone purchaser could reasonably decide to conclusion by the United States that a service using the Cellular System enter local exchange and long distance purchaser satisfies (1) and (2) is relevant Assets; (3) with respect to the purchaser telecommunications services in St. to whether (3) is also satisfied, but not of the Cellular System Assets in the St. Louis in a somewhat different way than determinative, since (3) represents an Louis Area, if such Cellular System Ameritech had planned to do, or not to additional requirement that must be met Assets are divested to the purchaser by pursue those lines of business, by a purchaser of the St. Louis Area
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Cellular System Assets. No single factor operated as separate, independent, divested and to be responsible for or group of factors is determinative in ongoing, economically viable and active compliance with the Final Judgment. the United States’ exercise of its sole competitors to the other cellular system In order to ensure compliance with discretion in evaluation of a purchaser, and all other wireless mobile the Final Judgment, Section X gives the and none of these considerations telecommunications providers in the United States various rights, including necessarily predetermines the outcome same area. Section IX.A requires inspection of defendants’ records, the of the United States’ review of any separation of the operations of the two ability to conduct interviews and take particular purchaser. cellular systems and their books, sworn testimony of defendants’ officers, directors, employees and agents, and to E. Other Provisions of the Decree records and competitively sensitive information. The requirements of require defendants to submit written Section III specifies the persons to Section IX.A both serve to ensure that reports. These rights are subject to whom the Final Judgment is applicable, defendants maintain their two cellular legally recognized privileges, and and provides for the Final Judgment to systems in the Overlapping Markets as information the United States obtains be applicable to certain Interim Parties fully separate competitors prior to using these powers is protected by to whom defendants might transfer the consummating their merger, specified confidentiality obligations, Cellular System Assets, other than notwithstanding their expectations that which do permit sharing of information purchasers approved by the United the merger will take place, and reinforce with the FCC under a customary States. the provisions of Section V.G protective order issued by that agency or Section VI obliges defendants, or the concerning the separation of defendants a waiver of confidentiality. Under trustee if applicable, to notify the and the trustee after the merger is Section III.B, purchasers of the Cellular United States of any planned divestiture consummated but while there are still System Assets must also agree to give of Cellular System Assets within two Cellular System Assets awaiting sale. the United States similar access to business days of executing a binding Because SBC already operates the information. agreement with a purchaser. It enables The Court retains jurisdiction under three Comcast systems in the Comcast/ the United States to obtain information Section XI, and Section XII provides Ameritech Overlapping Markets, and to evaluate the chosen purchaser as well that the proposed Final Judgment will the hold separate requirements of as other prospective purchasers who expire on the tenth anniversary of the Section IX.A of the Final Judgment expressed interest and establishes date of its entry, unless extended by the apply to ‘‘each of the cellular systems’’ procedure for the United States to notify Court. Although the required that either defendant ‘‘owns or defendants and the trustee whether it divestitures will be accomplished in a operates’’ in the Overlapping Markets, objects to a divestiture. The United considerably shorter time, defendants States’ notification of its lack of SBC is obliged to ensure that the three are also precluded from reacquiring the objection is necessary for a divestiture Comcast systems are operated in a way divested properties within the term of to proceed. This section also provides that complies with Section IX.A, the decree. for an objection by defendants to a sale pending divestiture of the Ameritech by the trustee under the limited systems in these areas to purchasers F. Divestiture-Related Developments situation of alleged malfeasance, but in approved by the Department of Justice. Since the Complaint Was Filed that case it is possible for the Court to Section IX.B, in contrast, applies only On April 5, 1999, Ameritech approve a sale over defendants’ to the Cellular System Assets to be announced that it has agreed to sell 20 objection. divested and to the period before of its cellular telephone systems to a Section VII establishes affidavit consummation of the merger, while venture owned 97% by GTE and 7% by requirements for defendants to report to defendants still control those assets. It Georgetown Partners, for $3.27 billion. the United States on their compliance requires the defendant whose assets will The systems being sold, according to with the proposed Final Judgment, their be divested (or both, if it has not yet Ameritech, cover a population of 11.4 activities in seeking to divest the been decided which system will be million, and have nearly 1.5 million Cellular System Assets prior to divested in a particular market) to take subscribers.8 This agreement, of which consummating their merger, and their certain specified steps to preserve the the United States was notified on April actions to preserve the Cellular System assets in accordance with past practices. 7, 1999, pursuant to Section VI.A of the Assets to be divested. Under V.E, the These steps include maintaining and proposed Final Judgment, is contingent trustee also has monthly reporting increasing sales, maintaining the assets on the closing of the merger between obligations concerning the efforts made in operable condition, providing SBC and Ameritech. It is intended to to divest the Cellular System Assets. sufficient credit and working capital, eliminate all of the cellular overlaps Section VIII prohibits defendants from not removing the assets, not alleged in the complaint and to satisfy financing all or any part of a purchase terminating, transferring or reassigning all of the divestiture requirements of the made by an acquirer of the Cellular employees who work with the assets proposed Final Judgment.9 Ameritech System Assets, whether the divestiture (with certain limited exceptions), and is carried out by defendants or by the not taking any actions to impede or 8 GTE’s announcement of the sale estimated that trustee. jeopardize the sale of the assets. Section the cellular systems being transferred were slightly larger, covering a population of 12.9 million and Section IX, the Hold Separate Order, IX.C similarly obliges defendants not to having 1.7 million subscribers. contains important requirements take any actions that would impede or 9 In addition to the 17 cellular telephone systems concerning the operation of the cellular jeopardize the sale of the assets after the in Overlapping Markets that are specified in the systems before divestiture is complete, merger has been consummated but proposed Final Judgment, Ameritech and the purchasers agreed to include in the sale three other and the preservation of the Cellular while Cellular System Assets remain in cellular telephone systems, in parts of the Indiana System Assets as a viable, ongoing the control of a trustee. Finally, Section 1, Illinois 4, and Illinois 7 RSAs, which have been business. The obligations of Section IX.D obliges each defendant, during the operated in close association with the other IX.A fall on both defendants and both period while they still control Cellular properties being sold. The inclusion of these additional properties in the agreement also has the cellular systems in any Overlapping System Assets, to appoint persons not effect of eliminating a limited overlap between Market, obliging them to ensure that affiliated with the other defendant to Ameritech and SBC in part of the area of the Illinois such cellular systems continue to be oversee the Cellular System Assets to be 4 RSA.
VerDate 26-APR-99 11:10 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\A29AP3.020 pfrm03 PsN: 29APN1 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Notices 23113 will continue to provide services to its Court and published in the Federal be derived from a determination of the issues cellular customers until the closing of Register. at trial. the merger. Up to 1,700 Ameritech Written comments should be 15 U.S.C. 16(e) (emphasis added). As employees of the cellular systems will submitted to: Donald J. Russell, Chief, the United States Court of Appeals for be transferred to GTE as a result of the Telecommunications Task Force, the D.C. Circuit recently held, this sale. Antitrust Division, United States statute permits a court to consider, The United States will evaluate this Department of Justice, 1401 H Street, among other things, the relationship proposal for sale of the cellular systems, N.W., Suite 8000, Washington, D.C. between the remedy secured and the pursuant to Section IV and VI of the 20530. specific allegations set forth in the proposed Final Judgment. Under the The proposed Final Judgment government’s complaint, whether the schedule specified by Section VI, the provides, in Section XI, that the Court decree is sufficiently clear, whether United States’ evaluation of the retains jurisdiction over this action, and enforcement mechanisms are sufficient, acceptability of this proposal is likely to the parties may apply to the Court for and whether the decree may positively be completed before the 60-day period any order necessary or appropriate to harm third parties. See United States v. for comments pursuant to the APPA has carry out or construe the Final Microsoft, 56 F.3d 1448, 1461–62 (D.C. expired. Judgment, to modify any of its Cir. 1995). provisions, to enforce compliance, and In conducting this inquiry, ‘‘[t]he IV. Remedies Available to Potential Court is nowhere compelled to go to Private Litigants to punish any violations of its provisions. trial or to engage in extended Section 4 of the Clayton Act, 15 proceedings which might have the effect U.S.C. 15, provides that any person who VI. Alternatives to the Proposed Final of vitiating the benefits of prompt and has been injured as a result of conduct Judgment less costly settlement through the prohibited by the antitrust laws may The United States considered, as an consent decree process.’’ 10 Rather, bring suit in federal court to recover alternative to the proposed Final [a]bsent a showing of corrupt failure of the three times the damages that the person Judgment, seeking an injunction to government to discharge its duty, the Court, has suffered, as well as costs and block consummation of the merger and in making its public interest finding should reasonable attorneys’ fees. Entry of the a full trial on the merits. The United ** * carefully consider the explanations of proposed Final Judgment will neither States is satisfied, however, that the the government in the competitive impact impair nor assist the bringing of any divestiture of cellular system assets and statement and its responses to comments in order to determine whether those private antitrust damage action. Under other relief contained in the proposed explanations are reasonable under the provisions of Section 5(a) of the Final Judgment will preserve circumstances. Clayton Act, 15 U.S.C. 16(a), the competition in the provision of wireless United States v. Mid-America proposed Final Judgment has no prima mobile telephone services in the Dairymen, Inc., 1977–1 Trade Cas. facie effect in any subsequent private Overlapping Markets. This settlement (CCH) ¶ 61,508, at 71,980 (W.D. Mo. lawsuit that may be brought against will also avoid the substantial costs and 1977). defendants. uncertainty of a full trial on the merits Accordingly, with respect to the on the violations alleged in the V. Procedures Available for adequacy of the relief secured by the complaint. Therefore, the United States Modification of the Proposed Final decree, a court may not ‘‘engage in an believes that there is no reason under Judgment unrestricted evaluation of what relief the antitrust laws to proceed with would best serve the public.’’ United The plaintiff and defendants have further litigation if the divestitures of States v. BNS, Inc., 858 F.2d 456, 462 stipulated that the proposed Final the cellular system assets are carried out (9th Cir. 1988) (citing United States v. Judgment may be entered by the Court in the manner required by the proposed Bechtel Corp., 648 F.2d 660, 666 (9th after compliance with the provisions of Final Judgment. Cir.), cert. denied, 454 U.S. 1083 the APPA, provided that the United VII. Standard of Review Under the (1981)); see also Microsoft, 56 F.3d at States has not withdrawn its consent. APPA for Proposed Final Judgment 1460–62. Precedent requires that The APPA conditions entry upon the Court’s determination that the proposed The APPA requires that proposed the balancing of competing social and Final Judgment is in the public interest. consent judgments in antitrust cases political interests affected by a proposed antitrust consent decree must be left, in the The APPA provides a period of at brought by the United States be subject first instance, to the discretion of the least sixty (60) days preceding the to a sixty (60) day comment period, after Attorney General. The court’s role in effective date of the proposed Final which the court shall determine protecting the public interest is one of Judgment within which any person may whether entry of the proposed Final insuring that the government has not submit to the United States written Judgment ‘‘is in the public interest.’’ In breached its duty to the public in consenting comments regarding the proposed Final making that determination, the court to the decree. The court is required to Judgment. Any person who wishes to may consider— determine not whether a particular decree is comment should do so within sixty (60) (1) The competitive impact of such 10 119 Cong. Rec. 24598 (1973). See United States days of the date of publication of this judgment, including termination of alleged v. Gillette Co., 406 F. Supp. 713, 715 (D. Mass. Competitive Impact Statement in the violations, provisions for enforcement and 1975). A ‘‘public interest’’ determination can be Federal Register. The United States will modification, duration or relief sought, made properly on the basis of the Competitive evaluate and respond to the comments. anticipated effects of alternative remedies Impact Statement and Response to Comments filed actually considered, and any other pursuant to the APPA. Although the APPA All comments will be given due authorizes the use of additional procedures, 15 consideration by the United States, considerations bearing upon the adequacy of such judgment; U.S.C. 16(f), those procedures are discretionary. A which remains free to withdraw its (2) The impact of entry of such judgment court need not invoke any of them unless it believes consent to the proposed Final Judgment that the comments have raised significant issues upon the public generally and individuals and that further proceedings would aid the court in at any time prior to entry. The alleging specific injury from the violations resolving those issues. See H.R. Rep. 93–1463, 93d comments and the responses of the set forth in the complaint including Cong 2d Sess. 8–9 (1974), reprinted in U.S.C.C.A.N. United States will be filed with the consideration of the public benefit, if any, to 6535, 6538.
VerDate 26-APR-99 11:10 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\A29AP3.021 pfrm03 PsN: 29APN1 23114 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Notices the one that will best serve society, but Respectfully submitted. Louis, Missouri 63147, made whether the settlement is ‘‘within the reaches Joel I. Klein, application by renewal to the Drug of the public interest.’’ More elaborate Assistant Attorney General. Enforcement Administration (DEA) for requirements might undermine the registration as a bulk manufacturer of effectiveness of antitrust enforcement by A. Douglas Melamed, the basic classes of controlled consent decree.11 Principal Deputy Assistant Attorney General. substances listed below: The proposed Final Judgment, Constance K. Robinson, therefore, should not be reviewed under Director of Operations and Merger Drug Schedule a standard of whether it is certain to Enforcement. eliminate every anticompetitive effect of Donald J. Russell, Tetrahydrocannabinols (7370) .... I a particular practice or whether it Chief, Telecommunications Task Force. Amphetamine (1100) ...... II mandates certainty of free competition Laury E. Bobbish, Methylphenidate (1724) ...... II Cocaine (9041) ...... II in the future. Court approval of a final Assistant Chief, Telecommunications Task Codeine (9050) ...... II judgment requires a standard more Force. Diprenorphine (9058) ...... II flexible and less strict than the standard Carl Willner, Etorphine Hydrochloride (9059) II required for a finding of liability. ‘‘[A] D.C. Bar #412841. Dihydrocodeine (9120) ...... II proposed decree must be approved even Michael D. Chaleff, Oxycodone (9143) ...... II if it falls short of the remedy the court Juanita Harris, Hydromorphone (9150) ...... II would impose on its own, as long as it Diphenoxylate (9170) ...... II falls within the range of acceptability or John M. Lynch, Hydrocodone (9193) ...... II is ‘within the reaches of public D.C. Bar #418313. Levorphanol (9220) ...... II interest.’ ’’ United States v. American Anne M. Purcell, Meperidine (9230) ...... II Tel. & Tel Co., 552 F. Supp. 131, 151 Trial Attorneys, Department of Justice, Methadone (9250) ...... II (D.D.C. 1982), aff’d sub nom., Maryland Antitrust Division, Telecommunications Task Methadone-intermediate (9254) II v. United States, 460 U.S. 1001 (1983) Force, 1401 H Street, NW, Suite 8000, Dextropropoxyphene, bulk (non- II (quoting Gillett Co., 406 F. Supp. at Washington, DC 20530, (202) 514–5813. dosage forms) (9273). Morphine (9300) ...... II 716); United States v. Alcon Aluminum, Dated: April 16, 1999. Thebaine (9333) ...... II Ltd. 605 F. Supp. 619, 622 (W.D. Ky. Certificate of Service Opium extracts (9610) ...... II 1985). Opium fluid extract (9620) ...... II Moreover, the court’s role under the I hereby certify that copies of the Opium tincture (9630) ...... II Tunney Act is limited to reviewing the foregoing Competitive Impact Statement Opium powdered (9639) ...... II remedy in relationship to the violations in the matter of United States versus Opium granulated (9640) ...... II that the United States has alleged in its SBC Communications Inc. and Levo-alphacetylmethadol (9648) II complaint, and does not authorize the Ameritech Corp., Civ. No. 99–0715, Oxymorpone (9652) ...... II court to ‘‘construct [its] own were served on April 16, 1999 by hand Noroxymorphone (9668) ...... II hypothetical case and then evaluate the and/or first-class U.S. mail, postage Alfentanil (9737) ...... II decree against that case.’’ Microsoft, 56 prepaid, upon each of the parties listed Sufentanil (9740) ...... II F.3d at 1459. Since ‘‘[t]he court’s below: Fentanyl (9801) ...... II authority to review the decree depends Donald L. Flexner, Esq., Crowell & The firm plans to manufacture the entirely on the government’s exercising Moring LLP, 1001 Pennsylvania controlled substances for distribution as its prosecutorial discretion by bringing Avenue, NW, Washington, DC 20004– bulk products to its customers. a case in the first place,’’ it follows that 2595, Counsel for SBC the court ‘‘is only authorized to review Communications Inc. Any other such applicant and any the decree itself,’’ and not to ‘‘effectively Richard Favretto, Mayer, Brown, & Platt, person who is presently registered with redraft the complaint’’ to inquire into 1909 K Street, NW, Washington, DC DEA to manufacture such substances other matters that the United States 20006–1101, Counsel for Ameritech may file comments or objections to the might have but did not pursue. Id. Corporation. issuance of the proposed registration. Any such comments or objections VIII. Determinative Documents Carl Willner, Counsel for Plaintiff. may be addressed, in quintuplicate, to There are no determinative materials the Deputy Assistant Administrator, [FR Doc. 99–10678 Filed 4–28–99; 8:45 am] or documents within the meaning of the Office of Diversion Control, Drug APPA that were considered by the BILLING CODE 4410±11±M Enforcement Administration, United United States in formulating the States Department of Justice, proposed Final Judgment. DEPARTMENT OF JUSTICE Washington, D.C. 20537, Attention: DEA Consequently, the United States has not Federal Register Representative (CCR), attached any such materials to the Drug Enforcement Administration and must be filed no later than June 28, proposed Final Judgment. 1999. Manufacturer of Controlled Dated: April 16, 1999. 11 Bechtel, 648 F.2d at 666 (emphasis added); see Substances; Notice of Application BNS, 858 F.2d at 463; United States v. National John H. King, Broadcasting Co., 449 F. Supp. 1127, 1143 (D.C. Pursuant to § 1301.33(a) of Title 21 of Deputy Assistant Administrator, Office of Cal. 1978); Gillette, 406 F. Supp. at 716. See also the Code of Federal Regulations (CFR), Diversion Control, Drug Enforcement Microsoft, 56 F.3d at 1561 (whether ‘‘the remedies Administration. [obtained in the decree are] so inconsonant with the this is notice that on January 21, 1999, allegations charged as to fall outside of the ‘reaches Mallinckrodt Chemical, Inc., [FR Doc. 99–10763 Filed 4–28–99; 8:45 am] of the public interest’ ’’). Mallinckrodt & Second Streets, St. BILLING CODE 4410±09±M
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DEPARTMENT OF LABOR Data submitted to the Department by Signed in Washington, D.C. this 12th day Baker Oil Tools show increases in sales of April 1999. Employment and Training and employment from 1997 to 1998. Grant D. Beale, Administration Even if criterion (2) was met, further Acting Director, Office of Trade Adjustment Assistance. [TA±W±35,414] investigation would serve no purpose because criterion (3) has not been met. [FR Doc. 99–10710 Filed 4–28–99; 8:45 am] Baker Oil Tools, Baker Hughes Inc. Aggregate U.S. imports of oil and gas BILLING CODE 4510±30±M Headquartered in Houston, TX; Notice field machinery are negligible. of Negative Determination Regarding The petitioner also asserts that Application for Reconsideration DEPARTMENT OF LABOR specific consideration was not given to Including workers in the following field marketing employees, particularly Employment and Training states: technical specialists and fishing tool Administration TA–W–35,414A Arkansas supervisors providing services at the rig TA–W–35,414B California site. The petition was filed by a [TA±W±35,152] TA–W–35,414C Illinois company official on behalf of workers of TA–W–35,414D Kansas the subject firm manufacturing oilfield Buster Brown Apparel, Inc., Chilhowie, TA–W–35,414E Louisiana tools and service equipment at various VA; Amended Certification Regarding TA–W–35,414F Mississippi U.S. locations. The investigation Eligibility To Apply for Worker TA–W–35,414G Missouri concluded that the predominant portion Adjustment Assistance TA–W–35,414H New Mexico of the workforce at Baker Oil Tools were In accordance with Section 223 of the TA–W–35,414I North Dakota engaged in employment related to the Trade Act of 1974 (19 U.S.C. 2273) the TA–W–35,414J Oklahoma production of oilfield tools and Department of Labor issued a TA–W–35,414K Pennsylvania equipment. Certification Regarding Eligibility to TA–W–35,414L Tennessee Apply for Worker Adjustment Conclusion TA–W–35,414M Wyoming Assistance on January 19, 1999, By application dated April 9, 1999, After review of the application and applicable to workers of Buster Brown Labor Counsel (hereafter referenced as investigative findings, I conclude that Apparel Inc. located in Chilhowie, the petitioner) for the subject firm there has been no error or Virginia. The notice was published in requested administrative misinterpretation of the law or of the the Federal Register on February 25, reconsideration of the Department’s facts which would justify 1999 (64 FR 9354). negative determination regarding At the request of a State reconsideration of the Department of worker eligibility to apply for Trade representative, the Department reviewed Labor’s prior decision. Accordingly, the Adjustment Assistance (TAA). The the certification for workers of the application is denied. denial notice applicable to workers of subject firm. The certification limited the subject firm headquartered in Signed at Washington, D.C. this 13th day the coverage to workers engaged in Houston, Texas, including workers in of April 1999. employment related to the embroidering multiple States, signed on March 8, Grant D. Beale, of children’s apparel. New information 1999, will soon be published in the Acting Director, Office of Trade Adjustment provided by a company official reveal Federal Register. Assistance. that subsequent layoffs have occurred Pursuant to 29 CFR 90.18(c) [FR Doc. 99–10719 Filed 4–28–99; 8:45 am] for those workers engaged in sewing reconsideration may be granted under children’s apparel. BILLING CODE 4510±30±M the following circumstances: The intent of the Department’s (1) If it appears on the basis of facts certification is to cover all workers of not previously considered that the DEPARTMENT OF LABOR Buster Brown Apparel, Inc., Chilhowie, determination complained of was Virginia, who were adversely affected erroneous; Employment and Training by increased imports of children’s (2) If it appears that the determination Administration apparel. Accordingly, the Department is complained of was based on a mistake amending the certification to expand in the determination of facts not coverage to all workers of the subject [TA±W±35,586] previously considered; or firm. (3) If in the opinion of the Certifying Buckeye, Inc. Midland, TX; Notice of The amended notice applicable to Officer, a misinterpretation of facts or of Determinations Regarding Eligibility TA–W–35,152 is hereby issued as the law justified reconsideration of the To Apply for Worker Adjustment follows: decision. Assistance; Correction All workers of Buster Brown Apparel, Inc., Findings of the initial investigation Chilhowie, Virginia, who became totally or showed that workers of the subject firm This notice corrects the notice of partially separated from employment on or were primarily engaged in the Negative Determination Regarding after October 19, 1997 through January 19, production of oilfield tools and 2001, are eligible to apply for worker Eligibility to Apply for Worker equipment. Workers were denied adjustment assistance under Section 223 of Adjustment Assistance applicable to eligibility to apply for TAA based on the the Trade Act of 1974. workers of Buckeye, Inc., Midland, finding that criteria (2) and (3) of the Signed at Washington, DC this 12th day of group eligibility requirements of Section Texas, which was published in the April 1999. 223 of the Trade Act of 1974, as Federal Register on April 6, 1999 (64 FR Grant D. Beale, amended, were not met. 16752) in FR Document 99–8383. Acting Director, Office of Trade Adjustment The petitioner asserts that sales and This revises the subject firm TA–W Assistance. employment at Baker Oil Tools number on page 16752 to read TA–W– [FR Doc. 99–10718 Filed 4–28–99; 8:45 am] decreased in the relevant time periods. 35,586 instead of TA–W–35,486. BILLING CODE 4510±30±M
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DEPARTMENT OF LABOR DEPARTMENT OF LABOR DEPARTMENT OF LABOR
Employment and Training Employment and Training Employment and Training Administration Administration Administration [TA±W±32,712] [TA±W±35,483] [TA±W±34,820] Johnson & Johnson Medical, Computalog U.S.A., Inc. Forth Worth, General Electric Company, Power Incorporated, a/k/a Ethicon, Inc., Texas; Dismissal of Application for Systems Plant, Fitchburg, MA; Notice Including Temporary Workers of Kelly Reconsideration of Revised Determination on Services, Incorporated, El Paso, TX; Reconsideration Amended Certification Regarding Pursuant to 29 CFR 90.18(C) an Eligibility To Apply for Worker application for administrative On November 18, 1998, the Adjustment Assistance reconsideration was filed with the Department issued an Affirmative Acting Director of the Office of Trade Determination Regarding Application In accordance with section 223 of the Adjustment Assistance for workers at on Reconsideration applicable to Trade Act of 1974 (19 U.S.C. 2273) the Computalog U.S.A., Inc., Forth Worth, workers and former workers of the Department of Labor issued a Texas. The application contained no subject firm. The notice was published Certification Regarding Eligibility to new substantial information which in the Federal Register on December 4, Apply for Worker Adjustment would bear importantly on the Assistance on October 10, 1996, 1998 (63 FR 67142). Department’s determination. Therefore, applicable to workers of Johnson & dismissal of the application was issued. The Department initially denied TAA Johnson Medical, Inc., located in El to workers of General Electric Company, Paso, Texas. The notice was published TA–W–35,4583; Computalog U.S.A., Inc. Power Systems Plant, Fitchburg, Fort Worth, Texas (April 16, 1999) in the Federal Register on October 29, Massachusetts, producing steam 1996 (61 FR 55821). The certification Signed at Washington, DC this 20th day of turbines because the ‘‘contributed was amended on January 10, 1997, to April, 1999. importantly’’ group eligibility include temporary workers of Kelly Grant D. Beale, requirement of section 222(3) of the Services, Incorporated, engaged in Acting Director, Office of Trade Adjustment Trade Act of 1974, as amended, was not employment related to the production of Assistance. met. surgical gowns, drapes and sheets at [FR Doc. 99–10717 Filed 4–28–99; 8:45 am] On reconsideration, the Department Johnson & Johnson Medical’s El Paso plant. The notice was published in the BILLING CODE 4510±30±M surveyed for additional bids lost by the subject facility. The survey revealed that Federal Register on January 31, 1997 (62 FR 4799). the subject firm lost significant bids to At the request of the State agency, the DEPARTMENT OF LABOR foreign sources and that the steam Department reviewed the certification turbines being build under those lost Employment and Training for workers of the subject firm. New bids were manufactured offshore and Administration information provided by a company imported into the U.S. official and the State agency reveal that [TA±W±35,571] Conclusion as of January 1, 1998, Johnson and Johnson Medical Inc., and Ethicon, Inc. Double EE Service, Inc., Williston, ND; After careful review of the additional merged. Some of the workers at the El Dismissal of Application for facts obtained on reconsideration, I Paso plant have had their wages Reconsideration conclude that increased imports of reported to the Unemployment articles like or directly competitive with Insurance (UI) tax account for Ethicon, Pursuant to 29 CFR 90.18(C) an steam turbines contributed importantly Inc. application for administrative to the declines in sales or production The intent of the Department’s reconsideration was filed with the and to the total or partial separation of certification is to cover all workers of Acting Director of the Office of Trade workers of General Electric Company, Johnson & Johnson Medical, Adjustment Assistance for workers at Power Systems Plant, Fitchburg, Incorporated, El Paso, Texas who were Double EE Service, Inc., Williston, Massachusetts. In accordance with the adversely affected by increased imports. North Dakota. The application provisions of the Act, I make the Accordingly, the Department is contained no new substantial following certification: amending the certification to include information which would bear workers of Ethicon, Inc. All workers of General Electric Company, importantly on the Department’s The amended notice applicable to Power Systems Plant, Fitchburg, determination. Therefore, dismissal of TA–W–32,712 is hereby issued as Massachusetts who became totally or the application was issued. follows: partially separated from employment on or TA–W–35,571; Double EE Service, Inc., after July 22, 1997 are eligible to apply for All workers of Johnson & Johnson Medical, Williston, North Dakota (April 20, adjustment assistance under Section 223 of Incorporated, also known as Ethicon, Inc., El the Trade Act of 1974. Paso, Texas, including temporary workers of 1999) Kelly Services, Incorporated engaged in Signed at Washington, D.C. this 20th day Signed in Washington, DC, this 16th day of employment related to the production of of April, 1999. April 1999. surgical gowns, drapes and sheets for Grant D. Beale, Grant D. Beale, Johnson & Johnson Medical, Incorporated, El Paso, Texas, who became totally or partially Acting Director, Office of Trade Adjustment Acting Director, Office of Trade Adjustment separated from employment on or after Assistance. Assistance. August 29, 1995 through October 10, 1998, [FR Doc. 99–10716 Filed 4–28–99; 8:45 am] [FR Doc. 99–10722 Filed 4–28–99; 8:45 am] are eligible to apply for adjustment assistance BILLING CODE 4510±30±M BILLING CODE 4510±30±M under Section 223 of the Trade Act of 1974.
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Signed at Washington, DC this 7th day of Signed at Washington, D.C. this 7th day of will further relate, as appropriate, to the April 1999. April 1999. determination of the date on which total Grant D. Beale, Grant D. Beale, or partial separations began or Acting Director, Office of Trade Adjustment Acting Director, Office of Trade Adjustment threatened to begin and the subdivision Assistance. Assistance. of the firm involved. [FR Doc. 99–10721 Filed 4–28–99; 8:45 am] [FR Doc. 99–10705 Filed 4–28–99; 8:45 am] The petitioners or any other persons BILLING CODE 4510±30±M BILLING CODE 4510±30±M showing a substantial interest in the subject matter of the investigations may request a public hearing, provided such DEPARTMENT OF LABOR DEPARTMENT OF LABOR request is filed in writing with the Acting Director, Office of Trade Employment and Training Employment and Training Adjustment Assistance, at the address Administration Administration shown below, not later than May 10, 1999. Investigations Regarding Certifications Interested persons are invited to [TA±W±35,617] of Eligibility To Apply for Worker submit written comments regarding the Adjustment Assistance Longview Fiber Company, subject matter of the investigations to Leavenworth Wood Products, Petitions have been filed with the the Acting Director, Office of Trade Leavenworth, WA, Notice of Secretary of Labor under Section 221(a) Adjustment Assistance, at the address Termination of Investigation of the Trade Act of 1974 (‘‘the Act’’) and shown below, not later than May 10, are identified in the Appendix to this 1999. Pursuant to Section 221 of the Trade notice. Upon receipt of these petitions, The petitions filed in this case are Act of 1974, an investigation was the Acting Director of the Office of available for inspection at the Office of initiated on February 8, 1999 in Trade Adjustment Assistance, the Acting Director, Office of Trade response to a worker petition which was Employment and Training Adjustment Assistance, Employment filed on behalf of workers at Longview Administration, has instituted and Training Administration, U.S. Fiber Company, Leavenworth Wood investigations pursuant to Section Department of Labor, 200 Constitution Products, Leavenworth, Washington. 221(a) of the Act. Avenue, NW., Washington, DC 20210. The petitioner has requested that the The purpose of each of the Signed at Washington, DC this 29th day of petition be withdrawn. Consequently, investigations is to determine whether March 1999. further investigation in this case would the workers are eligible to apply for Grant D. Beale, serve no purpose, and the investigation adjustment assistance under Title II, Acting Director, Office of Trade Adjustment has been terminated. Chapter 2, of the Act. The investigations Assistance.
APPENDIX [Petitions Instituted on 03/29/1999]
Subject firm Date of TA±W (petitioners) Location petition Product(s)
35,916 ...... Mitel, Inc (Comp) ...... Ogdensburg, NY ...... 03/08/1999 Telephone Systems. 35,917 ...... CompaqÐNetwork Products (Wkrs) ...... Irving, TX ...... 02/11/1999 Computer Components 35,918 ...... Rexford Paper Co (UPIU) ...... Greebay, WI ...... 03/10/1999 Pressure Sensitive Tape. 35,919 ...... Dales Sportwear (Wkrs) ...... Hartford, AL ...... 03/18/1999 Men's shirts. 35,920 ...... Soniform (Comp) ...... El Cason, CA ...... 03/08/1999 Jackets for Scubadiving. 35,921 ...... Prentiss Manufacturing Co (Comp) ...... Tupelo, MS ...... 03/11/1999 Men's Shirts 35,922 ...... Odessa Packer Service (Wkrs) ...... Odessa, TX ...... 03/02/1999 Sales, Service Repair Down Hole Equip. 35,923 ...... BF Goodrich Aerospace (Wkrs) ...... Sheridan, AR ...... 03/01/1999 Inlet Cowls and Exit Nozzles. 35,924 ...... DeloitÐHarnischfeger ...... Beloit, WI ...... 03/11/1999 Paper Making Machines. 35,925 ...... Ansell Protective Product (Comp) ...... Tarboro, NC ...... 03/12/1999 LinersÐWork Gloves. 35,926 ...... Packwood Lumber (WCIW) ...... Randle, WA ...... 03/09/1999 Softwood Dimension Lumber. 35,927 ...... Nemanco, Inc. (Wkrs) ...... Oak Grove, LA ...... 03/01/1999 Men's Jeans. 35,928 ...... Murata Electronics (Wkrs) ...... State College, PA ...... 03/01/1999 Ceramic Chip Capacitors. 35,929 ...... United Foundries, Inc. (Wkrs) ...... Youngstown, OH ...... 03/10/1999 Cast Iron and Steel Rolls. 35,930 ...... Mueller Industries (Wkrs) ...... Wynne, AR ...... 03/01/1999 Copper Tubing. 35,931 ...... Power Resources, Inc. (Wkrs) ...... Douglas, WY ...... 03/11/1999 Uranium. 35,932 ...... Lenox Crystal, Inc. (Wkrs) ...... Mt. Pleasant, PA ...... 03/01/1999 Crystal Stemware. 35,933 ...... Boise Cascade Corp. (Wkrs) ...... Boise, ID ...... 03/01/1999 White Paper, Bleached Pulp. 35,934 ...... Torrington Company (The) (Comp) ...... Elberton, GA ...... 03/11/1999 Camshafts. 35,935 ...... Suckle Corp. (IUE) ...... Scranton, PA ...... 03/17/1999 Metal Fabricator. 35,936 ...... Senior FlexonicsÐQSI (Wkrs) ...... Allison Park, PA ...... 03/08/1999 Automotive Tubing Products. 35,937 ...... Lee Sportswear, Inc. (Comp) ...... Plantersville, MS ...... 03/18/1999 Medical Uniforms. 35,938 ...... Day Timers, Inc. (Comp) ...... East Texas, PA ...... 03/17/1999 Business Planners/Calendars. 35,939 ...... Dame Manufacturing (Comp) ...... Greenville, KY ...... 03/16/1999 Levi Strauss Denim Jackets. 35,940 ...... Sanchez Oil and Gas (Comp) ...... Laredo, TX ...... 03/19/1999 Oil and Gas. 35,941 ...... Master Slack Corp. (Wkrs) ...... Bolivar, TN ...... 03/16/1999 Men's and Boys' Trousers. 35,942 ...... Rainier West Sportswear (Wkrs) ...... Centralia, WA ...... 03/09/1999 Sportswear. 35,943 ...... Greif Bros. Corp (Comp) ...... Baltimore, MD ...... 03/15/1999 Steel Drums. 35,944 ...... Wabash Technologies (Comp) ...... Huntington, IN ...... 03/12/1999 Engine Timing Sensors. 35,945 ...... World Class Processing (USWA) ...... Ambridge, PA ...... 03/10/1999 Steel Coils. 35,946 ...... Plaid Clothing Co (UNITE) ...... Knoxville, TN ...... 03/16/1999 Men's Tailored Suits. 35,947 ...... Flair Fold Corp (Wkrs) ...... Hiawatha, KS ...... 03/08/1999 Solid Wood Interior Shuters.
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APPENDIXÐContinued [Petitions Instituted on 03/29/1999]
Subject firm Date of TA±W (petitioners) Location petition Product(s)
35,948 ...... F. Schumacher & Co. (Wkrs) ...... Richburg, SC ...... 03/10/1999 Draperies, Pillows, Comforters. 35,949 ...... Bonnell Manufacturing (UNITE) ...... Mount Laurel, NJ ...... 03/08/1999 Carbon Steel Products. 35,950 ...... Komatsu Silicon America (Comp) ...... Hillsboro,OR ...... 03/12/1999 Silicon Wafers. 35,951 ...... Plymouth Stitching, Inc. (Comp) ...... Ashland, NH ...... 03/15/1999 Ladies' Sportswear. 35,952 ...... Atlas CylindersÐParker (Wkrs) ...... Eugene, OR ...... 03/16/1999 Hydraulic, Pnuematic cylinders. 35,953 ...... Siemens Fossil Power (Comp) ...... West Allis, WI ...... 03/16/1999 Gas Turbines. 35,954 ...... SNS (Wkrs) ...... Odessa, TX ...... 03/17/1999 Wrist Pins. 35,955 ...... Mowad Apparel, Inc. (Comp) ...... El Paso, TX ...... 03/15/1999 ApparelÐSewing. 35,956 ...... Pennsylvania Steel Tech (USWA) ...... Steelton, PA ...... 03/06/1999 Carbon Steel Products. 35,957 ...... Stroh Brewery Co. (Comp) ...... Detroit, MI ...... 03/15/1999 Beer. 35,958 ...... Jencraft Corp. (Wkrs) ...... McAllen, TX ...... 03/16/1999 Window Blinds. 35,959 ...... Bonney Forge Corp. (Wkrs) ...... Allentown, PA ...... 03/15/1999 Pipe Fittings. 35,960 ...... Columbia Sportswear Co. (Comp) ...... Portland, OR ...... 03/17/1999 Inspection of Imported Garments. 35,961 ...... DupontÐCooper River (Wkrs) ...... Charleston, SC ...... 03/11/1999 Dacron Yarn.
[FR Doc. 99–10711 Filed 4–28–99; 8:45 am] filed by the company on behalf of its of liner production at the subject facility BILLING CODE 4510±30±M workers at MOTOROLA INC., while the facility increased its reliance Semiconductor Products Sector, on imports of liners. Semiconductor Components Group, Conclusion DEPARTMENT OF LABOR located in Phoenix, Arizona. The petitioner has requested that the After careful review of the additional Employment and Training petition be withdrawn. Consequently facts obtained on reconsideration, I Administration further investigation in this case would conclude that increased imports of [TA±W±35,275] serve no purpose, and the investigation articles like or directly competitive with has been terminated. liners contributed importantly to the Motorola, Tempe, AZ; Notice of Signed in Washington, D.C. this 12th day declines in sales or production and to Determinations Regarding Eligibility of April, 1999. the total or partial separation of workers To Apply for Worker Adjustment Grant D. Beale, of National Oilwell, McAlester, Assistance; Correction Acting Director, Office of Trade Adjustment Oklahoma. In accordance with the provisions of the Act, I make the This notice corrects the notice of Assistance. following certification: Negative Determination Regarding [FR Doc 99–10707 Filed 4–28–99; 8:45 am] Eligibility to Apply for Worker BILLING CODE 4510±30±M All workers of National Oilwell, Adjustment Assistance applicable to McAlester, Oklahoma engaged in the workers of Motorola, Tempe, Arizona, production of liners who became totally or DEPARTMENT OF LABOR partially separated from employment on or which was published in the Federal after October 22, 1997 are eligible to apply Register on April 6. 1999 (64 FR 16752) Employment and Training for adjustment assistance under Section 223 in FR Document 99–8383. Administration of the Trade Act of 1974; This revises the subject firm TA–W Signed in Washington, DC, this 19th day of [TA±W±35,172] number on page 16752 to read TA–W– April 1999. 35,275 instead of TA–W–275. National Oilwell, McAlester, OK; Notice Grant D. Beale, Signed in Washington, D.C. of Revised Determination on Acting Director, Office of Trade Adjustment Grant D. Beale, Reconsideration Assistance. Acting Director, Office of Adjustment [FR Doc. 99–10720 Filed 4–28–99 8:45 am] On March 18, 1999, the Department Assistance. BILLING CODE 4510±30±M [FR Doc. 99–10709 Filed 4–28–99; 8:45 am] issued an Affirmative Determination Regarding Application on BILLING CODE 4510±30±M Reconsideration applicable to workers DEPARTMENT OF LABOR and former workers of the subject firm. DEPARTMENT OF LABOR The notice was published in the Federal Employment and Training Register on April 6, 1999 (64 FR 16757). Administration The Department initially denied TAA Employment and Training [TA±W±35,498] Administration to workers of National Oilwell, McAlester, Oklahoma, because the Notice of Termination of Investigation [TA±W±35,630] ‘‘contributed importantly’’ group Patterson Drilling Company, Snyder, Motorola Inc. Semiconductor Products eligibility requirement of section 223(3) Texas and operating in the following Sector, Semiconductor Components of the Trade Act of 1974, as amended, States: Group, Phoenix, AZ; Notice of was not met. On reconsideration, the Department Termination of Investigation TA–W–35,498A, Texas obtained additional information from TA–W–35,498B, Louisiana Pursuant to Section 221 of the Trade the company concerning imports of TA–W–35,498C, New Mexico Act of 1974, an investigation was liners such as those manufactured at the TA–W–35,498D, Mississippi initiated on February 8, 1999, in subject facility. The company provide Pursuant to Section 221 of the Trade response to a worker petition which was information which referred a reduction Act of 1974, an investigation was
VerDate 26-APR-99 16:24 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\29APN1.XXX pfrm08 PsN: 29APN1 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Notices 23119 initiated on January 4, 1999 in response a/k/a IPM, a/k/a Product Centers, a/k/a DEPARTMENT OF LABOR to a worker petition which was filed on GeoQuest, a/k/a Sedco-Forex, a/k/a behalf of workers and former workers at Wireline and a/k/a Shared Services Employment and Training Patterson Drilling Company, located in adversely affected by imports. Administration Snyder, Texas (TA–W–35,498); and Accordingly, the Department is [TA±W±35,697] operating in the following States (1) amending the certification to properly Texas (TA–W–35,498A); (2) Louisiana reflect this matter. Wood Group Pressure Control, (TA–W–35,498B); (3) New Mexico (TA– The amended notice applicable to Williston, ND; Notice of Termination of W–35,498C); and (4) Mississippi (TA– TA–W–35, 463, TA–W–35, 060, TA–W– Investigation W–35,498D). 35, 144 and TA–W–35, 145 is hereby Pursuant to Section 221 of the Trade The petitioning group of workers are issued as follows: covered under an existing Trade Act of 1974, an investigation was All workers of Schlumberger Technology initiated on February 22, 1999, in Adjustment Assistance certification Corporation, Schlumberger Oilfield Services, (TA–W–35,699 and TA–W–35,699A–D). response to a petition filed on the same a/k/a/ Dowell Schlumberger, a/k/a/ Anadrill date on behalf of workers at Wood Consequently, further investigation in Schlumberger, a/k/a Geco-Prakla, a/k/a IPM, this matter would serve no purpose and a/k/a Product Centers, a/k/a GeoQuest, Group Pressure Control, Williston, the investigation has been terminated. a/k/a Sedco-Forex, a/k/a Wireline, and a/k/a North Dakota. Shared Services, headquartered in Sugarland, The company official submitting the Signed at Washington, D.C. this 13th day petition has requested that the petition of April 1999. Texas (TA–W–35,463) and operating at various locations in the following States cited be withdrawn. Consequently, further Grant D. Beale, below: investigation in this case would serve Acting Director, Office of Trade Adjustment TEXAS TA–W–35,463A no purpose, and the investigation has Assistance. been terminated. [FR Doc. 99–10708 Filed 4–28–99; 8:45 am] WYOMING TA–W–35,463B CALIFORNIA TA–W–35463C Signed in Washington, D.C. this 12th day BILLING CODE 4510±30±M of April, 1999. ALASKA TA–W–35, 463D Grant D. Beale, COLORDO TA–35–463E DEPARTMENT OF LABOR Acting Director, Office of Trade Adjustment ARKANSAS TA–W–35,463F Assistance. Employment and Training ALABAMA TA–W–35,463G [FR Doc. 99–10706 Filed 4–28–99; 8:45 am] Administration NORTH DAKOTA TA–W–35,463H BILLING CODE 4510±30±M WEST VIRGINIA TA–W–35,463I Schlumberger Technology ILLINOIS TA–W–35,463J DEPARTMENT OF LABOR Corporation, et al.; Amended KANSAS TA–W–35,463K Certification Regarding Eligibility To Apply for Worker Adjustment MICHIGAN TA–W–35,463L Employment and Training Assistance MISSISSIPPI TA–W–35,463M Administration UTAH TA–W–35,463N NAFTA±02977; Ansell Edmont D.B.A. In accordance with Section 223 of the VIRGINIA TA–W–35,463O Trade Act of 1974 (19 U.S.C. 2273) the Ansell Protective Products, NEW JERSEY TA–W–35,463P Department of Labor issued a Haynesville, Louisiana; Notice of Certification of Eligibility to Apply for PENNSYLVANIA TA–W–35,463Q Termination of Investigation Worker Adjustment Assistance on who became totally or partially separated Pursuant to title V of the North January 26, 1999, applicable to all from employment on or after December 21, American Free Trade Agreement workers of Schlumberger Oilfield 1997 through January 26, 2001; all workers located in Rosewell, New Mexico (TA–W– Implementation Act (Pub. L. 103–182) Services, a/k/a Dowell Schlumberger 35,060) and operating at various locations in concerning transitional adjustment and a/k/a Anadrill Schlumberger, the State of New Mexico (TA–W–35,060A) assistance, hereinafter called (NAFTA– headquartered in Sugarland, Texas. The who became totally or partially separated TAA), and in accordance with section notice was published in the Federal from employment on or after September 15, 250(a), Subchapter D, Chapter 2, title II, Register on February 25, 1999 (64 FR 1997 through January 26, 2001; all workers of the Trade Act of 1974, as amended 9354). located in Youngsville, Louisiana (TA–W– At the request of the State agency, the 35,144) and operating at various locations in (19 USC 2273), an investigation was Department reviewed the certification the State of Louisiana (TA–W–35,144A) who initiated on March 1, 1999 in response for workers of the subject firm. New became totally or partially separated from to a petition filed on behalf of workers employment on or after October 13, 1997 findings show that Schlumberger at Ansell Edmont, d.b.a. Ansell through January 26, 2001; and all workers Protective Products, Haynesville, Technology Corporation is the parent located in Ducan, Oklahoma (TA–W–35,145) corporation of Schlumberger Oilfield Louisiana. and operating at various locations in the Currently, there is a petition Services, also known as numerous firm State of Oklahoma (TA–W–35,145A) who investigation (NAFTA–2948) in progress entities cited above and operating at became totally or partially separated from for the workers at the subject plant. various locations in the above cited employment on or after October 1, 1997 Consequently, further investigation in states. The workers provide oilfield and through January 26, 2001, are eligible to this case would serve no purpose and gas drilling and exploration services, as apply for adjustment assistance under the investigation has been terminated. well as related support and warehouse Section 223 of the Trade Act of 1974. duties. Signed at Washington, D.C. this 7th day of Signed at Washington, DC, this 13th day of The intent of the Department’s April, 1999. April 1999. certification is to include all workers of Grant D. Beale, Grant D. Beale, Schlumberger Technology Corporation, Acting Director, Office of Trade Adjustment Acting Director, Office of Trade Adjustment Schlumberger Oilfield Services, a/k/a/ Assistance. Assistance. Dowell Schlumberger, a/k/a/ Anadrill [FR Doc. 99–10723 Filed 4–28–99; 8:45 am] [FR Doc. 99–10714 Filed 4–28–99; 8:45 am] Schlumberger, A/k/a/ Geco-Prakla, BILLING CODE 4510±30±M BILLING CODE 4510±30±M
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DEPARTMENT OF LABOR DEPARTMENT OF LABOR of Subchapter D, Chapter 2, Title II, of the Trade Act of 1974, as amended, are Employment and Training Employment and Training identified in the Appendix to this Administration Administration Notice. Upon notice from a Governor [NAFTA±2909] that a NAFTA–TAA petition has been NAFTA±03060; Ithaca Industries, received, the Acting Director of the Incorporated, Cairo, GA; Notice of Motorola Inc., Semiconductor Products Office of Trade Adjustment Assistance Termination of Investigation Sector, Semiconductor Components (OTAA), Employment and Training Group, Phoenix, AZ; Notice of Administration (ETA), Department of Pursuant to title V of the North Termination of Investigation Labor (DOL), announces the filing of the American Free Trade Agreement petition and takes action pursuant to Implementation Act (Pub. L. 103–182) Pursuant to Section 221 of the Trade paragraphs (c) and (e) of Section 250 of concerning transitional adjustment Act of 1974, an investigation was the Trade Act. assistance, hereinafter called (NAFTA– initiated on February 5, 1999, in The purpose of the Governor’s actions TAA), and in accordance with Section response to a worker petition which was and the Labor Department’s 250(a), Subchapter D, Chapter 2, title II, filed by the company on behalf of its investigations are to determine whether of the Trade Act of 1974, as amended workers at MOTOROLA INC., the workers separated from employment (19 U.S.C. 2273), an investigation was Semiconductor Products Sector, Semi- on or after December 8, 1993 (date of initiated on April 12, 1999 in response conductor Components Group, located enactment of Pub. L. 103–182) are in Phoenix, Arizona. to a petition filed on behalf of workers eligible to apply for NAFTA–TAA under The petitioner has requested that the at Ithaca Industries, Incorporated, Cairo, Subchapter D of the Trade Act because petition be withdrawn. Consequently Georgia. of increased imports from or the shift in further investigation in this case would production to Mexico or Canada. The petitioning group of workers are serve no purpose, and the investigation The petitioners or any other persons eligible for NAFTA/Transitional has been terminated. showing a substantial interest in the Adjustment Assistance benefits under Signed in Washington, DC, this 12th day of subject matter of the investigations may an existing certification that is still April, 1999. request a public hearing with the Acting active (NAFTA–2851A). Consequently, Grant D. Beale, Director of OTAA at the U.S. further investigation in this case would Acting Director, Office of Trade Adjustment Department of Labor (DOL) in serve no purpose, and the investigation Assistance. Washington, DC provided such request has been terminated. [FR Doc. 10713 Filed 4–28–99; 8:45 am] if filed in writing with the Acting Signed at Washington, D.C., this 15th day BILLING CODE 4510±30±M Director of OTAA not later than May 10, of April, 1999. 1999. Also, interested persons are invited to Grant D. Beale, DEPARTMENT OF LABOR submit written comments regarding the Acting Director, Office of Trade Adjustment subject matter of the petitions to the Assistance. Employment and Training Acting Director of OTAA at the address [FR Doc. 99–10715 Filed 4–28–99; 8:45 am] Administration shown below not later than May 10, BILLING CODE 4510±30±M 1999. Investigations Regarding Certifications Petitions filed with the Governors are of Eligibility To Apply For NAFTA available for inspection at the Office of Transitional Adjustment Assistance the Acting Director, OTAA, ETA, DOL, Petitions for transitional adjustment Room C–4318, 200 Constitution assistance under the North American Avenue, NW, Washington, DC 20210. Free Trade Agreement-Transitional Signed at Washington, DC, this 9th day of Adjustment Assistance Implementation April, 1999. Act (P.L. 103–182), hereinafter called Grant D. Beale, (NAFTA–TAA), have been filed with Acting Director, Office of Trade Adjustment State Governors under Section 250(b)(1) Assistance.
APPENDIX
Date received Subject firm Location at Governor's Petition No. Articles produced office
Siebe Appliance COntrols (Co.) ...... Winterset, IA ...... 03/09/1999 NAFTA±2,990 Electronic range controls. Exide Electronics (Co.) ...... Leland, NC ...... 02/25/1999 NAFTA±2,991 Electronic system back-up. World Class Processing (USWA) ...... Ambridge, PA ...... 03/15/1999 NAFTA±2,992 Hot rolled steel coils. Wells Lamont (Co.) ...... McGehee, AR ...... 03/09/1999 NAFTA±2,993 Leather work gloves. USA Venturcraft (Wkrs) ...... Abilene, TX ...... 03/16/1999 NAFTA±2,994 Fiberglass trailors. Mountain Alloys (Wkrs) ...... Grants Pass, OR ...... 03/15/1999 NAFTA±2,995 Speciality metal, oil well pump. Active ProductsÐActive Marion Marion, IN ...... 01/13/1999 NAFTA±2,996 Metal stampings. (UAW). Mine Service and Supply (PJO) ...... Battle Mountain, NV ...... 03/15/1999 NAFTA±2,997 BarileÐmining. Siemens Fossil Power (UAW) ...... West Allis, WI ...... 03/17/1999 NAFTA±2,998 Gas turbine component. Senior Flexonics (Wkrs) ...... Allison Park, PA ...... 03/17/1999 NAFTA±2,999 Flexible steel tubing. Phoenix Production (Co.) ...... Cody, Wy ...... 03/15/1999 NAFTA±3,000 Crude oil. Charles Komar and Sons (Co.) ...... McAlester, OK ...... 03/17/1999 NAFTA±3,001 Women's sleepwear. Rainier West Sportswear (Wkrs) ...... Centralia, WA ...... 03/17/1999 NAFTA±3,002 Sportswear.
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APPENDIXÐContinued
Date received Subject firm Location at Governor's Petition No. Articles produced office
Packwood Lumber Sales (Wkrs) ...... Packwood, WA ...... 03/17/1999 NAFTA±3,003 Lumber. MacWhyte Wire Rope (UAW) ...... Kenosha, WI ...... 02/18/1999 NAFTA±3,004 Wire rope. Florida Canyon MiningÐPegasus Spokane, WA ...... 03/18/1999 NAFTA±3,005 Gold bullion. Gold (PJO). High Desert Mineral Resources Elko, NV ...... 03/18/1999 NAFTA±3,0306 Gold mine. (PJO). Impact Equipment (PJO) ...... Sparks, NV ...... 03/18/1999 NAFTA±3,007 Heavy equipment. Cashman Equipment (PJO) ...... Elko, NV ...... 03/18/1999 NAFTA±3,008 Heavy equipment. Canyon Construction (PJO) ...... Elko, NV ...... 03/18/1999 NAFTA±3,009 Construction of facilities. Romarco Minerals (PJO) ...... Reno, NV ...... 03/18/1999 NAFTA±3,010 Gold. Stroh Brewing (IBS) ...... LaCrosse, WI ...... 03/19/1999 NAFTA±3,011 Brewery production. Controlled Recovery (Co.) ...... Hobbs, NM ...... 03/19/1999 NAFTA±3,012 Crude oil. Controlled Environments (Co.) ...... Penbina, ND ...... 03/19/1999 NAFTA±3,013 PartsÐenvironmental growth cham- bers. Master Slack (Wkrs) ...... Boliver, TN ...... 03/18/1999 NAFTA±3,014 Men's and Boy's trousers. Quest Petroleum (CBO) ...... Reno, NV ...... 03/14/1999 NAFTA±3,015 Crude oil and natural gas. Day Timers (Co.) ...... East Texas, PA ...... 03/22/1999 NAFTA±3,016 Paper based calendar products. Bonney Forge (Wkrs) ...... Allentown, PA ...... 03/22/1999 NAFTA±3,017 Raw unmachined pipe fittings. Heinz Frozen FoodÐH.J. Heinz Poratello, ID ...... 03/15/1999 NAFTA±3,018 Frozen food entrees. (Wkrs). Parsons Industries (Wkrs) ...... Ashland, OR ...... 03/22/1999 NAFTA±3,019 Edge-glued panels. Harnischfeger IndustriesÐBeloit Corp Beloit, WI ...... 03/17/1999 NAFTA±3,020 Pump and paper. (IAMAW). Smith Food and Vending (Wkrs) ...... Joplin, MO ...... 03/19/1999 NAFTA±3,021 Food services. Dowell Schlumberger (Wkrs) ...... Mt. Carmel, IL ...... 03/17/1999 NAFTA±3,022 Oil. Peninsula Group (Co.) ...... Tumwater, WA ...... 03/22/1999 NAFTA±3,023 Hotel management services. Sanchez Oil and Gas (Co.) ...... Laredo, TX ...... 03/23/1999 NAFTA±3,024 Oil and natural gas. Standard Motor Products (Co.) ...... Dallas, TX ...... 03/12/1999 NAFTA±3,025 Ignitiion wire sets. Mowad Apparel (Co.) ...... El Paso, TX ...... 03/22/1999 NAFTA±3,026 Cut and sew garments. M. WileÐWhiteville Apparel (UNITE) Whiteville, NC ...... 03/23/1999 NAFTA±3,027 Men's tailored suitend sport coats. Cascade Corporation (IW) ...... Vancouver, WA ...... 03/22/1999 NAFTA±3,028 Welded heel forks. 3MÐElectrical Products (Co.) ...... Thorofare, NJ ...... 03/23/1999 NAFTA±3,029 Electrical crimp terminals, cable ties. Key Energy ServicesÐRocky Moun- Casper, WY ...... 03/22/1999 NAFTA±3,030 Oil and natural gas. tain (Co). International Steel Wool (Co.) ...... Springfield, OH ...... 03/11/1999 NAFTA±3,031 Chopped steel wool fibers. Dame Manufacturing (Co.) ...... Greenville, KY ...... 03/23/1999 NAFTA±3,032 Denim jackets. Morrow Snowboards (Wkrs) ...... Salem, OR ...... 03/25/1999 NAFTA±3,033 Snowboards, boots, binding. Mishy Sportwear (Co.) ...... Opa Locka, FL ...... 03/24/1999 NAFTA±3,034 Women apparel. A and M Manufacturing (Wkrs) ...... Cosby, MO ...... 03/26/1999 NAFTA±3,035 Machined parts (cherry pickers). Stroh Brewery Company (The) Detroit, MI ...... 03/16/1999 NAFTA±3,036 Beer. (Wkrs). Jencraft Corporation (Wkrs) ...... McAllen, TX ...... 03/26/1999 NAFTA±3,037 Distribution. Triple D Services (Co.) ...... Gastonia, NC ...... 03/24/1999 NAFTA±3,038 Womens clothing. Intertape Polymer GroupÐRexford Mikwaukee, WI ...... 03/24/1999 NAFTA±3,039 Pressure sensitive and gummed Paper (UPIP). tape. Homestake Mining (Co.) ...... Sparks, NV ...... 03/24/1999 NAFTA±3,040 Gold. Atlas CylindersÐParker Hannafin Eugene, OR ...... 03/25/1999 NAFTA±3,041 Industrial commercial hydraulic. (Wkrs). CMS Oila and Gas (Co.) ...... Traverse City, MI ...... 03/22/1999 NAFTA±3,042 Natural gas and liquid natural gas. Dekko Automotive Technologies Osceola and Murray, IA ..... 03/18/1999 NAFTA±3,043 Wiring harnesses for vehicles. (Co.). Vanity Fair Intimates, Inc (Comp) ...... Milton, FL ...... 03/26/1999 NAFTA±3,044 Ladies' Intimate Apparel. EST (Wrks) ...... Pittsfield, MO ...... 03/29/1999 NAFTA±3,045 Duct Detector Smoke Alarms. Mid Oregon Industries (Comp) ...... Bend, OR ...... 03/29/1999 NAFTA±3,046 Wood Working Machinery. Fleming Potter (GUIU) ...... Peoria, IL ...... 03/29/1999 NAFTA±3,047 Lables. D.B. Riley Storker (BMU) ...... Erie, PA ...... 04/02/1999 NAFTA±3,048 Metal products. Murata Electronics (Wkrs) ...... State College, PA ...... 04/01/1999 NAFTA±3,049 Microwave. Mead (PACE) ...... St. Joseph, MO ...... 04/06/1999 NAFTA±3,050 Notebook cases. Ansewn Shoe (Co.) ...... Bangor, NE ...... 04/01/1999 NAFTA±3,051 Footwear. Augusta Sportswear (Co.) ...... Metter, GA ...... 04/01/1999 NAFTA±3,052 Women's tops. O Cedar Brands (Co.) ...... South Lancaster, MA ...... 03/30/1999 NAFTA±3,053 Corn brooms, wet mops. Avery Dennison (Co.) ...... Rancho Cucamonga, CA ... 03/30/1999 NAFTA±3,054 Coated paper and film. World Color (Wkrs) ...... Dresden, TN ...... 03/31/1999 NAFTA±3,055 Paperback books. Quicksilver Confracting (Co.) ...... Bend, OR ...... 03/31/1999 NAFTA±3,056 Wood chips, saw logs. Hirsh Company (IABSO) ...... Skokie, IL ...... 03/31/1999 NAFTA±3,057 Metal and wood shelving. Winona Knitting Mills (Wkrs) ...... LaCrescent, MN ...... 03/31/1999 NAFTA±3,058 Sweaters. International Paper (Co.) ...... Corinth, NY ...... 03/31/1999 NAFTA±3,059 Publication paper. Ithaca Industries (Co.) ...... Cario, GA ...... 03/31/1999 NAFTA±3,060 Underwear. Mark Steel Soffe (Wkrs) ...... Spring City, UT ...... 03/25/1999 NAFTA±3,061 Jewelry. Safariland (Wkrs) ...... Ontario, CA ...... 03/29/1999 NAFTA±3,062 Leather holstons, belts and gear.
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APPENDIXÐContinued
Date received Subject firm Location at Governor's Petition No. Articles produced office
Logistix (Wkrs) ...... Hillsboro, OR ...... 03/30/1999 NAFTA±3,063 Media duplication and electronic printing. Uniroyal Chemical (Co.) ...... Painesville, OH ...... 03/26/1999 NAFTA±3,064 Nitrile rubber. E.I. du Pont de Nemours (Wkrs) ...... Rochester, NY ...... 03/30/1999 NAFTA±3, 065 Medical x-ray processing chem- istries. Precision Circuits (IAM) ...... Eatontown, NJ ...... 03/25/1999 NAFTA±3, 066 Printed circuits boards. Plaid Clothing (UNITE) ...... Knoxville, TN ...... 03/30/1999 NAFTA±3, 067 Mens tailored suits. Paris Fashions (Wkrs) ...... Paris, TN ...... 04/01/1999 NAFTA±3, 068 Men's and women's clothing. CrescentÐU.S. Mat (Co.) ...... Rapdi City, SD ...... 03/31/1999 NAFTA±3, 069 Picture frmaes. Oneita Industries (Co.) ...... Andrew, SC ...... 04/05/1999 NAFTA±3, 070 T-shirts. Blitz Weinbard Brewery (Co.) ...... Portland, OR ...... 04/05/1999 NAFTA±3, 071 Beer and ale. Bengle Manufacturing (Co.) ...... Stuart, VA ...... 04/05/1999 NAFTA±3, 072 Fleece garments and t-shirts. Gray Bec Lime (BMU) ...... Bellefeste, PA ...... 04/06/1999 NAFTA±3, 073 Lime. Stand Lumsden Farm (Co.) ...... Bloomfield, MO ...... 04/06/1999 NAFTA±3, 074 Corn and cotton. BASF (Wkrs) ...... Detroit, MI ...... 03/29/1999 NAFTA±3, 075 Paint, resins and colorants.
[FR Doc. 99–10712 Filed 4–28–99; 8:45 am] for the proper performance of the Data are collected from a sample of BILLING CODE 4510±30±M functions of the agency, including employers. These data consist of whether the information will have information about the duties, practical utility; responsibilities, and compensation for a DEPARTMENT OF LABOR • Evaluate the accuracy of the sample of occupations for each sampled agency’s estimate of the burden of the employer. Bureau of Labor Statistics proposed collection of information, Data are updated on either an annual including the validity of the or quarterly basis. The updates allow for Proposed Collection; Comment methodology and assumptions used; production of data on change in Request • Enhance the quality, utility, and earnings and total compensation. ACTION: Notice. clarity of the information to be II. Current Actions collected; and SUMMARY: The Department of Labor, as In 1996, BLS began the National • Minimize the burden of the part of its continuing effort to reduce Compensation Survey (NCS) with the collection of information on those who paperwork and respondent burden, collection of occupational earnings by are to respond, including through the conducts a pre-clearance consultation locality and by job duties and use of appropriate automated, program to provide the general public responsibilities. Since that time, BLS electronic, mechanical, or other and Federal agencies with an has published compilations of these technological collection techniques or opportunity to comment on proposed data for 65 separate localities. other forms of information technology, and/or continuing collections of In 1998, BLS began the collection of e.g., permitting electronic submissions information in accordance with the benefits data in the NCS. BLS collected of responses. Paperwork Reduction Act of 1994 information on the cost, provisions, and (PRA95) (44 U.S.C. 3506(c)(2)(A)). This ADDRESSES: Send comments to Karin G. incidence of all the major employee problem helps to ensure that requested Kurz, BLS Clearance Officer, Division of benefits through the ECI and EBS. The data can be provided in the desired Management Systems, Bureau of Labor change to the NCS sample reduces total format, reporting burden (time and Statistics, Room 3255, 2 Massachusetts respondent burden and increases financial resources) is minimized, Avenue N.E., Washington, DC 20212. possible ways BLS can provide data. collection instruments are clearly Ms. Kurz can be reached on 202–606– NCS data on benefit costs will understood, and the impact of collection 7628 (this is not a toll free number). continue to be used to produce the requirements on respondents can be SUPPLEMENTARY INFORMATION: Employment Cost Index and Employer Expenditures for Employee properly assessed. Currently, the Bureau I. Background of Labor Statistics (BLS) is soliciting Compensation Series. The data provided comments concerning the proposed The National Compensation Survey will be the same, and the series will be revision of the ‘‘National Compensation (NCS) is an ongoing survey of earnings continuous. Survey.’’ A copy of the proposed and benefits among private firms, and The NCS also will provide much of information collection request (ICR) can State and Local government. The survey the data now provided by the EBS. be obtained by contacting the individual resulted from the integration of three These data include estimates of how listed below in the addressed section of surveys: the Occupational many workers receive the various this notice. Compensation Survey Program (OCSP); employer-sponsored benefits and the common features of those benefit plans. DATES: Written comments must be the Employment Cost Index (ECI); and the Employee Benefits Survey (EBS). Type of Review: Revision of a submitted to the office listed in the currently approved collection. addresses section below on or before Data from these surveys are critical for Agency: Bureau of Labor Statistics June 28, 1999. setting Federal white-collar salaries, Title: National Compensation Survey. The Bureau of Labor Statistics is determining monetary policy (as a Affected Public: Business or other for- particularly interested in comments Principal Federal Economic Indicator), profit; not-for-profit institutions; and which: and providing data for compensation State, Local or Tribal Government. • Evaluate whether the proposed administrators and researchers in the Total Respondents: 40,116 (3-year collection of information is necessary private sector. average).
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Frequency: Annually in some All figures in the chart below are predominant use of the form, and the establishments, and quarterly in others. based on a 3-year average. The sum of weighted average time for all uses of the Total Responses: 71,607 (3-year total respondents and the sum of total form. The benefit initiation forms, for average). responses are greater on the chart below example, are used both for initial Average Time Per Response: 45 than the figures listed above; many collection of benefits from an minutes (3-year average). respondents are asked to provide establishment, and for technical review Estimated Total Burden Hours: 54,262 information relating to more than one of the initial collection. The initial hours (3-year average). form. Total Burden Cost (capital/startup): collection takes an average of 180 $0. Collection forms can have multiple minutes, while the records check takes Total Burden Cost (operating/ purposes. The chart below shows the about eight minutes. The weighted maintenance): $0. average collection time for the average collection time in 156 minutes.
Average Total annual Average time for the Total annual Form Total respondents Frequency responses minutes per predominant burden response form use
Earnings Initiation (NCS 99±1) ..... 5,640 ...... Annual or 6,204 76 82 7,821 Quarterly Earnings Update (NCS 99±2) ...... 24,106 ...... Annual or 54,368 19 20 17,477 Quarterly Benefits Initiation (NCS 99±3) 1 .... 2,240 ...... Annual or 2,593 156 180 6,748 Quarterly Benefits Update (NCS 99±4) ...... 10,686 ...... Annual or 37,807 20 20 12,464 Quarterly Informed Consent (NCS 99±5) ..... (*) ...... Unknown Unknown Negligible Negligible Negligible Collection Not Tied to a Specific 10,370 ...... Annual 10,370 56 82 9,752 Form.
Total ...... 53,041 ...... 111,342 ...... 54,262 1 Form 3038D will continue to be used until the NCS data capture system is completed at the end of FY 2000. * Unknown; dependent upon number of respondents who elect to have third parties provide data.
Comments submitted in response to data can be provided in the desired • Minimize the burden of the this notice will be summarized and/or format, reporting burden (time and collection of information on those who included in the request for Office of financial resources) is minimized, are to respond, including through the Management and Budget approval of the collection instruments are clearly use of appropriate automated, information collection request; the understood, and the impact of collection electronic, mechanical, or other comments also will become a matter of requirements on respondents can be technological collection techniques or public record. properly assessed. Currently, the Bureau other forms of information technology, Signed at Washington, D.C., this 23rd day of Labor Statistics (BLS) is soliciting e.g., permitting electronic submissions of April 1999. comments concerning the proposed of responses. W. Stuart Rust, Jr., revision of the ‘‘Mass Layoff Statistics ADDRESSES: Send comments to Karin G. Chief, Division of Management Systems, (MLS) Program Survey.’’ Kurz, BLS Clearance Officer, Division of Bureau of Labor Statistics. A copy of the proposed information Management Systems, Bureau of Labor [FR Doc. 99–10724 Filed 4–28–99; 8:45 am] collection request (ICR) can be obtained Statistics, Room 3255, 2 Massachusetts by contacting the individual listed BILLING CODE 4510±24±M Avenue NE., Washington, DC 20212. below in the ADDRESSES section of this Ms. Kurz can be reached on 202–606– notice. 7628 (this is not a toll free number). DEPARTMENT OF LABOR DATES: Written comments must be SUPPLEMENTARY INFORMATION: submitted to the office listed in the I. Background Bureau of Labor Statistics ADDRESSES section below on or before June 28, 1999. The Bureau of Labor Section 309(2)(a)(1)(A)(iii) of the Proposed Collection; Comment Statistics is particularly interested in Workforce Investment Act (WIA) states Request comments which: that the Secretary of Labor shall oversee • ACTION: Notice. Evaluate whether the proposed development, maintenance, and collection of information is necessary continuous improvements of the SUMMARY: The Department of Labor, as for the proper performance of the incidence of, industrial and part of its continuing effort to reduce functions of the agency, including geographical location of, and number of paperwork and respondent burden, whether the information will have workers displaced by, permanent layoffs conducts a pre-clearance consultation practical utility; and plant closings. Prior to the WIA, program to provide the general public • Evaluate the accuracy of the Section 462(e) of PL 97–300, the Job and Federal agencies with an agency’s estimate of the burden of the Training Partnership Act (JTPA), opportunity to comment on proposed proposed collection of information, provided that the Secretary of Labor and/or continuing collections of including the validity of the develop and maintain statistical data information in accordance with the methodology and assumptions used; relating to permanent mass layoffs and Paperwork Reduction Act of 1995 • Enhance the quality, utility, and plant closings and issue an annual (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This clarity of the information to be report. The report includes, at a program helps to ensure that requested collected; and minimum, the number of plant closings
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The data, such data are used by Congress, Management and Budget approval of the program utilizes, to the greatest degree the Executive Branch, the business, information collection request; they also possible, existing Unemployment labor, and academic communities, will become a matter of public record. Insurance (UI) records and SESAs, and the U.S. Department of Signed at Washington, D.C., this 23rd day computerized data files, supplemented Labor for both macro- and of April 1999. by direct employer contact. Its major microeconomic analysis, including W. Stuart Rust, Jr., features include: specific labor market studies geared • Chief, Division of Management Systems, The identification of major layoffs towards manpower assistance and Bureau of Labor Statistics. and closings through initial UI claims development. Congress used these data [FR Doc. 99–10725 Filed 4–28–99; 8:45 am] filed against the identified employer; in conjunction with the findings from a • BILLING CODE 4510±24±M The use of existing files on supplemental study of layoff actions in claimants to obtain basic demographic the development of the Worker and economic characteristics on the Adjustment and Retraining Notification DEPARTMENT OF LABOR individual; (WARN) Act, which was enacted in • The telephone contact of those August 1988. Furthermore, the ETA Bureau of Labor Statistics employers meeting mass layoff criteria uses MLS microdata in the evaluation of to obtain specific information on the dislocated worker programs to assess Proposed Collection, Comment nature of the layoff and characteristics the effectiveness of those activities and Request of the establishment; • services. ACTION: Notice. The identification of the continuing A Congressionally mandated use of impact of the mass layoff on individuals mass layoff data includes the WIA, SUMMARY: The Department of Labor, as by matching affected initial claimants which replaces Title III of the JTPA. part of its continuing effort to reduce with persons in claims status; and, Section 133 of the WIA encourages the paperwork and respondent burden, • The measurement of the incidence use of MLS data in substate allocations conducts a pre-clearance consultation of the exhaustion of regular state UI relating the dislocated worker program to provide the general public benefits by affected workers. employment and training activities. In the program, State Employment and Federal agencies an opportunity to State agencies use of the MLS data in Security Agencies (SESAs) submit seven comment on proposed and/or various ways, including the comprehensive reports each quarter, continuing collections of information in identification of geographic areas in and a preliminary, summary report each accordance with the Paperwork need of special manpower services; month. These computerized reports Reduction Act of 1995 (PRA95) [44 ailing or troubled industries; specific contain information from State U.S.C. 3506(c)(2)(A)]. This program employers needing assistance; outreach administrative files and information helps to ensure that requested data can activities for the unemployed; and obtained from those employers meeting be provided in the desired format, workers in need of temporary health the program criteria of a mass layoff. reporting burden (time and financial Congress has provided for the care services. resources) is minimized, collection implementation of the MLS program by There is no other comprehensive instruments are clearly understood, and the Bureau of Labor Statistic (BLS) source of statistics on either the impact of collection requirements on through the Fiscal Years 1984–1992 establishments or workers affected by respondents can be properly assessed. appropriations for the Department of mass layoffs and plant closings; Currently, the Bureau of Labor Statistics Labor, Health and Human Services, therefore, none of the aforementioned (BLS) is soliciting comments concerning Education, and related agencies. The data requirements could be fulfilled if the proposed reinstatement, with program was not operational in Fiscal this data collection did not occur. change, of the ‘‘National Longitudinal Years 1993 and 1994. Program operation Type of Review: Revision of a Survey of Youth 79.’’ A copy of the resumed in Fiscal Year 1995 with funds currently approved collection. proposed information collection request provided by the Employment and Agency: Bureau of Labor Statistics. (ICR) can be obtained by contacting the Training Administration (ETA). Title: Mass Layoff Statistics Program. individual listed below in the At the present time, all states OMB Number: 1220–0090. ADDRESSES section of this notice. (including the District of Columbia and Affected Public: Business or other for DATES: Written comments must be Puerto Rico) are participating in the profit; Not-for-profit institutions; Farms; submitted to the office listed in the program. Federal Government; State, Local or ADDRESSES section below on or before Tribal Government. June 28, 1999 The Bureau of Labor II. Current Actions Total Respondents: 15,652. Statistics is particularly interested in The information collected and Frequency: SESAs report quarterly comments which: compiled in the MLS program is used to and annually. Affected employers report • Evaluate whether the proposed satisfy legislative reporting on occasion. collection of information is necessary requirements mandated by Section Total Responses: 16,432. for the proper performance of the 309(2)(a)(1)(A)(iii) of the Workforce Average Time Per Response: 60 function of the agency, including Investment Act (WIA), enacted on minutes for SESAs and 30 minutes for whether the information will have August 7, 1998. That section requires employers. practical utility; the Secretary of Labor to oversee the Estimated Total Burden Hours: 73,570 • Evaluate the accuracy of the development, maintenance, and hours. agency’s estimate of the burden of the
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The survey design provides items needed by other agencies that are • Minimize the burden of the data gathered over time to form the only not always directly related to collection of information on those who data set that contains this information. employment and training studies. are to respond, including through the Without the collection of these data, an However, as these children reach use of appropriate automated, accurate longitudinal data set could not adolescence the focus of the surveys on electronic, mechanical, or other be provided to researchers and policy- these ‘‘young adults’’ returns to the technological collection techniques or makers, and the DOL could not perform school-to-work transition. other forms of information technology, its policy- and report-making activities, The specific objectives of the study e.g., permitting electronic submissions as described above. are to: of responses. II. Current Actions (1) Explore the early labor market ADDRESSES: Send comments to Karin G. activity and family formation of This proposed collection covers wave Kruz, BLS Clearance Officer, Division of individuals in this age group; 19 of this longitudinal study of Management Systems, Bureau of Labor (2) Explore in greater depth than has individuals who were age 14 through 21 Statistics, Room 3255, 2 Massachusetts until now been possible the complex on December 31, 1978. The DOL will Avenue, NE, Washington, DC 20212. economic, social, and psychological interview these youths in the year 2000 Ms. Kruz can be reached on 202–606– factors responsible for variation in the to study how young adults make the labor market experience of this cohort; 7628 (this is not a toll free number). transition from full-time schooling (3) Analyze the impact of a changing SUPPLEMENTARY INFORMATION: through the establishment of their socio-economic environment on the families and careers, and into the prime I. Background educational and labor market earning years that precede retirement. experiences of this cohort by comparing Conducted since 1979, the National The longitudinal focus of this survey data from the present study with those Longitudinal Survey of Youth 79 requires the collection of information on yielded by the surveys of the earlier (NLSY79) consists of a nationally the same individuals over many years in NLS cohorts of young men (1966) and representative sample of individuals order to trace their education, training, young women (1968) as well as the NLS who were ages 14 to 21 in 1979. The work experience, fertility, income and cohort members were interviewed program participation. This detail cohort of young men and women annually from 1979 to 1994. After the makes the NLSY79 a unique national interviewed for the first time in 1997; 1994 interview, the survey was moved resource, unmatched by existing (4) Consider how employment-related to a biennial cycle. programs. Participation in the survey by activities of women impact the The data collected in the NLSY79 will other government agencies is subsequent cognitive and emotional contribute to the knowledge about labor encouraged as the omnibus nature of the development of their children; and market processes involved in transitions survey makes it an efficient, low-cost (5) Meet the data collection and between jobs, job searches, and data set. Recent rounds of the survey research needs of various government hierarchies within jobs. Survey data will increasingly incorporate items needed agencies that have been interested in the contribute to the knowledge about for program and policy purposes by relationships between child and individuals’ ability to succeed in the job agencies other than the DOL. maternal health, other child outcomes, market and how levels of success relate Information about the aptitudes of the drug and alcohol use, juvenile deviant to educational attainment, vocational children of the female respondents in behavior and education, employment, training, prior occupational experiences, the youth data set will be collected. For and family experiences. and general and job-specific the most part, this is a repetition of Type of Review: Reinstatement, with experiences. instruments already administered change, of a previously approved The NLSY79 research contributes to biennially to these children in 1986. collection. the formation of national policy in the This will permit medical and social Agency: Bureau of Labor Statistics. areas of education, training and science researchers to uniquely consider Title: National Longitudinal Survey of employment programs, and a large number of basic research issues Youth 79. unemployment compensation. In relating to the associations between OMB Number: 1220–0109. addition, members of the academic family background, federal program Affected Public: Individuals or community publish articles and reports activities, infant and maternal health households. based on these NLSY79 data for the and outcomes from early childhood Frequency: Biennially.
Total number Average min- Total esti- Form of respond- Total annual utes per re- mated annual ents responses sponse burden hours
Pretest ...... 50 50 60 50 Young Adults ...... 8,300 8,300 60 8,300 Reinterview ...... 1,250 1,250 6 125 Children of Female Respondents ...... 6,390 6,390 52 5,538
Totals ...... 15,990 15,990 ...... 14,013
Total Burden Cost (capital/startup): Total Burden Cost (operating/ Comments submitted in response to $0. maintenance): $0. this notice will be summarized and/or
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Estimated No. of Respondents/ currently approved collection. Recordkeepers: 1,000. [FR Doc. 99–10726 Filed 4–28–99; 8:45 am] Title: 12 C.F.R. 760 Loans in Areas Estimated Burden Hours Per BILLING CODE 4510±24±M Having Special Flood Hazards. Response: 4 hours. Description: Federally insured credit Frequency of Response: On occasion. unions are required by statute and by Estimated Total Annual Burden proposed 12 CFR Part 760 to file reports, NATIONAL CREDIT UNION Hours: 4,000. ADMINISTRATION make certain disclosures and keep Estimated Total Annual Cost: records. Borrowers use this information Agency Information Collection $100,000. to make valid purchase decisions. The Activities: Submission to OMB for By the National Credit Union NCUA uses the records to verify Revision to a Currently Approved Administration Board on April 22, 1999. compliance. Information Collection; Comment Becky Baker, Respondents: All federal credit Request Secretary of the Board. unions. [FR Doc. 99–10647 Filed 4–28–99; 8:45 am] Estimated No. of Respondents/ AGENCY: National Credit Union BILLING CODE 7535±01±U Recordkeepers: 5,500. Administration (NCUA). Estimated Burden Hours Per ACTION: Request for comment. Response: 7 minutes. NATIONAL CREDIT UNION Frequency of Response: SUMMARY: The NCUA intends to submit ADMINISTRATION Recordkeeping and on occasion. the following information collection to Estimated Total Annual Burden the Office of Management and Budget Agency Information Collection Hours: 101,333. (OMB) for review and clearance under Activities: Submission to OMB for Estimated Total Annual Cost: N/A. the Paperwork Reduction Act of 1995 Revision to a Currently Approved OMB Number: 3133–0121. (Pub. L. 104–13, 44 U.S.C. Chapter 35). Information Collections; Comment Form Number: N/A. This information collection is published Request. Type of Review: Extension of a to obtain comments from the public. currently approved collection. AGENCY: National Credit Union DATES: Comments will be accepted until Title: 12 C.F.R. 701.14 Notice of Administration (NCUA). June 28, 1999. Change of Officials and Senior ADDRESSES: Interested parties are ACTION: Request for comment. Executive Officers. invited to submit written comments to Description: The regulation directs SUMMARY: The NCUA intends to submit NCUA Clearance Officer or OMB the following information collections to newly chartered and troubled credit Reviewer listed below: the Office of Management and Budget unions to provide NCUA with 30 days Clearance Officer: Mr. James L. notice before making a management Baylen (703) 518–6411, National Credit (OMB) for review and clearance under the Paperwork Reduction Act of 1995 change. Union Administration, 1775 Duke Respondents: Troubled and newly Street, Alexandria, Virginia 22314– (Public Law 104–13, 44 U.S.C. Chapter 35). These information collection are chartered credit unions. 3428, Fax No. 703–518–6433, E-mail: Estimated No. of Respondents/ published to obtain comments from the [email protected]. Recordkeepers: 534. public. OMB Reviewer: Alexander T. Hunt Estimated Burden Hours Per (202) 395–7860, Office of Management DATES: Comments will be accepted until Response: 2 hours. and Budget, Room 10226, New June 28, 1999. Frequency of Response: Reporting and Executive Office Building, Washington, ADDRESSES: Interested parties are on occassion. DC 20503. invited to submit written comments to Estimated Total Annual Burden FOR FURTHER INFORMATION CONTACT: NCUA Clearance Officer or OMB Hours: 1,068. Copies of the information collection Reviewer listed below: Estimated Total Annual Cost: N/A. requests, with applicable supporting Clearance Officer: Mr. James L. OMB Number: 3133–0108. documentation, may be obtained by Baylen (703) 518–6411, National Credit Form Number: N/A. calling the NCUA Clearance Officer, Union Administration 1775 Duke Street, Type of Review: Extension of a James L. Baylen, (703) 518–6411. Alexandria, Virginia 22314–3428, Fax currently approved collection. SUPPLEMENTARY INFORMATION: Proposal No. 703–518–6433, E-mail: Title: 12 C.F.R. 748.2 Monitoring Bank for the following collection of [email protected]. Secrecy Act Compliance. information: OMB Reviewer: Alexander T. Hunt Description: The collection is needed OMB Number: 3133–0141. (202) 395–7860, Office of Management to allow NCUA to determine whether Form Number: N/A and Budget, Room 10226, New credit unions have established a Type of Review: Extension of a Executive Office Building, Washington, program reasonably designed to assure currently approved collection. DC 20503. and monitor their compliance with Title: 12 CFR 701.22. Organization FOR FURTHER INFORMATION CONTACT: currency recordkeeping and reporting and Operation of Credit Unions. Copies of the information collection requirements established by Federal Description: NCUA has authorized requests, with applicable supporting statute and Department of the Treasury federal credit unions to engage in loan documentation, may be obtained by regulations.
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Respondents: Federally insured credit NATIONAL CREDIT UNION Frequency of Response: Quarterly and unions. ADMINISTRATION Semi-Annually. Estimated No. of Respondents/ Estimated Total Annual Burden Recordkeepers: 11,127. Agency Information Collection Hours: 200,000. Estimated Burden Hours Per Activities: Submission to OMB for Estimated Total Annual Cost: N/A. Response: 3 hours. Revision to a Currently Approved By the National Credit Union Frequency of Response: Information Collection; Comment Administration Board on April 21, 1999. Recordkeeping. Request Becky Baker, Estimated Total Annual Burden AGENCY: National Credit Union Secretary of the Board. Hours: 33, 477. Administration (NCUA). [FR Doc. 99–10649 Filed 4–28–99; 8:45 am] Estimated Total Annual Cost: N/A. BILLING CODE 7535±01±P ACTION: Request for comment. OMB Number: 3133–0068. Form Number: N/A. SUMMARY: The NCUA intends to submit Type of Review: Extension of a the following information collection to NATIONAL SCIENCE FOUNDATION currently approved collection. the Office of Management and Budget Advisory Panel for Biological Title: 12 C.F.R. 701.31 Non (OMB) for review and clearance under Infrastructure; Notice of Meeting Discrimination Policy. the Paperwork Reduction Act of 1995 Description: This regulation requires a (Pub. L. 104–13, 44 U.S.C. Chapter 35). In accordance with the Federal federal credit union (FCU) to keep a This information collection is published Advisory Committee Act (Pub. L. 92– copy of the property appraisal. It also to obtain comments from the public. 463, as amended), the National Science requires that a FCU using geographical DATES: Comments will be accepted until Foundation announces the following factors in evaluating real estate loan June 28, 1998. meeting: applications must disclose such facts on ADDRESSES: Interested parties are Name: Advisory Panel for Biological the appraisal and state for justification. invited to submit written comments to Infrastructure (#1215). This regulation insures compliance with NCUA Clearance Officer or OMB Date and Time: Tuesday, May 4, 1999 at the Fair Housing anti-redlining Reviewer listed below: 8:30 am–5:00 pm, Wednesday, May 5, 1999 requirements. Clearance Officer: Mr. James L. at 8:30 am–Adjourn. Respondents: Federally credit unions. Baylen (703) 518–6411, National Credit Place: National Science Foundation at Estimated No. of Respondents/ Union Administration, 1775 Duke 4201 Wilson Boulevard, Arlington, VA 22230, Room 680. Recordkeepers: 4,000. Street, Alexandria, Virginia 22314– Type of Meeting: Closed. Estimated Burden Hours Per 3428, Fax No. 703–518–6433, E-mail: Contact Person: Paul Gilna, Program Response: 1 hours. [email protected]. Director; Computational Biology Activities Frequency of Response: OMB Reviewer: Alexander T. Hunt Program in Biological Sciences; National Recordkeeping on occasion. (202) 395–7860, Office of Management Science Foundation; 4201 Wilson Boulevard, Estimated Total Annual Burden and Budget, Room 10226, New Room 615N; Arlington, Virginia 22230, Hours: 4,000. Executive Office Building, Washington, Telephone: (703) 306–1469. DC 20503. Purpose of Meeting: To provide advice and Estimated Total Annual Cost: N/A. recommendation concerning proposals OMB Number: 3133–0142. FOR FURTHER INFORMATION CONTACT: submitted to NSF for financial support. Form Number: N/A. Copies of the information collection Agenda: To review and evaluate proposals Type of Review: Extension of a requests, with applicable supporting for acquisition of Computational Biology documentation, may be obtained by Activities Program in Biological Sciences as currently approved collection. part of the selection process for awards. Title: 12 C.F.R 741.6(c) Requirements calling the NCUA Clearance Officer, James L. Baylen, (703) 518–6411. Reason for Closing: The proposals being for Insurance. reviewed include information of a Description: Credit Unions that SUPPLEMENTARY INFORMATION: Proposal proprietary of confidential nature, including submit late or inaccurate call reports are for the following collection of technical information; financial data, such as required to submit a proposal that information: salaries; and personal information describes how it will avoid another late OMB Number: 3133–0004. concerning individuals associated with the or inaccurate report. Form Number: NCUA 5300 proposals. These matters are exempt under 5 Type of Review: Revision to the U.S.C. 552b(c), (4) and (6) of the Government Respondents: Federally insured credit in the Sunshine Act. currently approved collection. unions. Dated: April 22, 1999. Estimated No. of Respondents/ Title: Semi-Annual and Quarterly Call Linda Allen-Benton, Recordkeepers: 630. Report. Description: The financial and Acting Director, Division of Human Resource Estimated Burden Hours Per Management. Response: 2 hours. statistical information is essential to [FR Doc. 99–10662 Filed 4–28–99; 8:45 am] Frequency of Response: Reporting and NCUA in carrying out its responsibility on occasion. for the supervision of federally insured BILLING CODE 7555±01±M Estimated Total Annual Burden credit unions. The information also enables NCUA to monitor all federally Hours: 1,260. NATIONAL SCIENCE FOUNDATION Estimated Total Annual Cost: insured credit unions whose share $21,186.60. accounts are insured by the National Advisory Panel for Biological Credit Union Share Insurance Fund Infrastructure: Notice of Meeting By the National Credit Union (NCUSIF). Administration Board on April 22, 1999. Respondents: All Credit Unions. In accordance with the Federal Becky Baker, Estimated No. of Respondents/ Advisory Committee Act (Pub. L. 92– Secretary of the Board. Recordkeepers: 11,000. 463, as amended), the National Science [FR Doc. 99–10648 Filed 4–28–99; 8:45 am] Estimated Burden Hours Per Foundation announces the following BILLING CODE 7535±01±U Response: 8 hours. meeting:
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Name: Advisory Panel for Biological proprietary or confidential nature, including NATIONAL SCIENCE FOUNDATION Infrastructure (#1215). technical information; financial data, such as Date and Time: Tuesday, May 4, 1999 at salaries and personal information concerning Committee of Visitors CISE 8:30 a.m.–5p.m.—Wednesday, May 5, 1999 at individuals associated with the proposals. Instrumentation Program Panel in 8:30a.m.—Adjourn. These matters are exempt under 5 U.S.C. Experimental and Integrative Place: National Science Foundation at 4201 Wilson Boulevard, Arlington, VA 552b(c)(4) and (6) of the Government in the Activities; Notice of Meeting Sunshine Act. 22230, Room 380. In accordance with the Federal Type of Meeting: Closed. Dated: April 22, 1999. Advisory Committee Act (Pub. L. Contact Person: Carter Kimsey, Program Linda Allen-Benton, Coordinator; Postdoctoral Research 920463, as amended), the National Fellowships in Biological Informatics Acting Director, Division of Human Resource Science Foundation announces the Program in Biological Sciences; National Management. following meeting. Science Foundation; 4201 Wilson Boulevard, [FR Doc. 99–10665 Filed 4–28–99; 8:45 am] Name: Committee of Visitors in Room 615N; Arlington, Virginia 22230 BILLING CODE 7555±01±M Experimental and Integrative Activities Telephone: (703) 306–1469. Purpose of Meeting: To provide advice and (1193). recommendation concerning proposals Date and Time: submitted to NSF for financial support. NATIONAL SCIENCE FOUNDATION April 27, 1999; 8:30–5:00 p.m. (Closed) Agenda: To review and evaluate proposals April 28, 1999; 8:30–10:30 p.m. (Closed) for acquisition of Postdoctoral Research Advisory Panel for Biomolecular April 28, 1999; 10:30–5:00 p.m. (Open) Fellowships in Biological Informatics Processes Place: Room 1105.17. Program in Biological Sciences as part of the Type of Meeting: Part Open. selection process for awards. Sunshine Meeting Notice Contact Person(s): Dr. Michael Foster, Reason for Closing: The proposals being Acting Division Director, Division of reviewed include information of a In accordance with the Federal Experimental and Integrative Activities, proprietary of confidential nature, including Advisory Committee Act (Pub. L. 92– National Science Foundation, Room 1160, technical information; financial data, such as 463, as amended), the National Science 4201 Wilson Boulevard, Arlington, VA salaries; and personal information 22230. Telephone: (703) 306–1980. concerning individuals associated with the Foundation announces the following Purpose of Meeting: To assess program- proposals. These matters are exempt under 5 meeting. level technical and managerial matters U.S.C. 552b(c), (4) and (6) of the Government pertaining to proposal decisions. in the Sunshine Act. Name: Advisory Panel for Biomolecular Processes—(5138) (Panel A). Agenda: To assess program-level technical Dated: April 22, 1999. Date and Time: Wednesday, Thursday, and and managerial matters pertaining to Linda Allen-Benton, proposal decisions. The review will address Friday, May 5–7, 1998 9 a.m.–5 p.m. the integrity and efficacy of processes used Acting Director, Division of Human Resource Place: National Science Foundation, 4201 Management. to solicit, review, recommend, and document Wilson Blvd., Room 340, Arlington, VA proposal actions, and the relationship [FR Doc. 99–10663 Filed 4–28–99; 8:45 am] 22230. between award decisions and program goals. BILLING CODE 7555±01±M Type of Meeting: Closed. The Open portion of the meeting will include Contact Person: Dr. Alison M. Berry, consideration of the results of NSF Program Director, or Dr. Susan Porter Ridley, investment. NATIONAL SCIENCE FOUNDATION Assistant Program Manager, for Metabolic Reason for Closing: The proposals being Biochemistry, Room 655, National Science reviewed include information of a Advisory Panel for Biomolecular proprietary of confidential nature, including Processes; Notice of Sunshine Act Foundation, 4201 Wilson Boulevard, Arlington, Virginia 22230. (703/306–1441). technical information; financial data, such as Meeting salaries; and personal information Purpose of Meeting: To provide advice and concerning individuals associated with the In accordance with the Federal recommendations concerning proposals proposals. These matters are exempt under 5 Advisory Committee Act (Pub. L. 92– submitted to NSF for financial support. U.S.C. 552 b.(c)(4) and (6) of the Government 463, as amended), the National Science Agenda: To review and evaluate research in the Sunshine Act. Foundation announces the following proposals submitted to the Metabolic Dated April 22, 1999. Biochemistry Program as part of the selection meeting. Linda Allen-Benton, process for awards. Name: Advisory Panel for Biomolecular Acting Director, Division of Human Resource Reason for Closing: The proposals being Processes (5138) (Panel B). Management. reviewed include information of a Date and Time: Thursday and Friday, [FR Doc. 99–10666 Filed 4–28–99; 8:45 am] April 29–30, 1999, 9:00 A.M. to 5:00 P.M. proprietary or confidential nature, including Place: National Science Foundation, 4201 technical information; financial data, such as BILLING CODE 7555±01±M Wilson Boulevard, Rm. 630, Arlington, VA salaries; and personal information 22230. concerning individuals associated with the Ttpe of Meeting: Closed. proposals. These matters are exempt under 5 NATIONAL SCIENCE FOUNDATION Contact Person: Dr. Christopher Greer, U.S.C. 552b(c), (4) and (6) of the Government Program Director, or Dr. Susan Porter Ridley, Advisory Panel for Infrastructure, in the Sunshine Act. Assistant Program Manager for Biochemistry Methods and Science Studies; Notice of Gene Expression, Room 655, National Dated: April 22, 1999. of Meeting Science Foundation, 4201 Wilson Boulevard, Linda Allen-Benton, Arlington, VA 22230, (703) 306–1441. In accordance with the Federal Purpose of Meeting: To provide advice and Acting Director, Division of Human Resource Advisory Committee Act (Pub. L. 92– recommendations concerning proposals Management. 463, as amended), the National Science submitted to NSF for financial support. [FR Doc. 99–10667 Filed 4–28–99; 8:45 am] Foundation (NSF) announces the Agenda: To review and evaluate research BILLING CODE 7555±01±M following three meetings. proposals submitted to the Biochemistry of Gene Expression Program as pat of the Name: Advisory Panel for Infrastructure, selection process for awards. Methods & Science Studies (#1760). Reason for Closing: The proposals being 1. Date & Time: April 23–24, 1999; 8:30 reviewed include information of a a.m.–5:00 p.m.
VerDate 26-APR-99 16:24 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\29APN1.XXX pfrm08 PsN: 29APN1 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Notices 23129
Place: Loyola University, Chicago, IL. Contact Person: Dr. Bradley D. Keister, (the Act) and the Commission’s Contact Person: Dr. Michael Sokal, Program Director for Nuclear Physics, Room regulations. Program Director for Science and Technology 1015, National Science Foundation, 4201 The Commission has made a Studies, National Science Foundation, 4201 Wilson Blvd., Arlington, VA 22230. proposed determination that the Wilson Boulevard, Arlington, VA 22230. Telephone: (703) 306–1891. amendment request involves no Telephone: (703) 306–1742. Purpose of Meeting: To advise the National Agenda: To review and evaluate Science Science Foundation and the Department of significant hazards consideration. Under and Technology Studies proposals as part of Energy on scientific priorities within the the Commission’s regulations in 10 CFR the selection process for awards. field of basic nuclear science research. 50.92, this means that operation of the 2. Date & Time: May 3–4, 1999; 8:30 a.m.– Agenda: facility in accordance with the proposed 5:00 p.m. • Presentation of Interim Report of the amendment would not (1) Involve a Room: 310. ISOL Task Force. significant increase in the probability or Contact Person: Dr. Cheryl L. Eavey, • Presentations by agencies consequences of an accident previously Program Director for Methods, Measurement representatives. evaluated; or (2) Create the possibility of and Statistics, National Science Foundation, • Public Comment* . a new or different kind of accident from 4201 Wilson Boulevard, Arlington, VA Dated: April 22, 1999. any accident previously evaluated; or 22230. Telephone: (703) 306–1729. Linda Allen-Benton, Agenda: To review and evaluate Methods, (3) Involve a significant reduction in a Measurement and Statistics proposals as part Acting Director, Division of Human Resource margin of safety. As required by 10 CFR of the selection process for awards. Management. 50.91(a), the licensee has provided its 3. Date & Time: May 6–7, 1999; 8:30 a.m.– [FR Doc. 99–10664 Filed 4–28–99; 8:45 am] analysis of the issue of no significant 5:00 p.m. BILLING CODE 7555±01±M hazards consideration, which is Room: 370. presented below: Contact Person: Dr. Rachelle Hollander, Program Director for Societal Dimensions of 1. Does the Change Involve a Significant Engineering, Science and Technology, NUCLEAR REGULATORY Increase in the Probability of Occurrence or National Science Foundation, 4201 Wilson COMMISSION Consequences of an Accident Previously Boulevard, Arlington, VA 22230. Telephone: Evaluated? Indiana Michigan Power Company (703) 306–1743. A discussion of each of the applicable Agenda: To review and evaluate Societal [Docket Nos. 50±315 and 50±316] accidents follows. Dimensions of Engineering, Science and Fuel Handling Accident Technology proposals as part of the selection Notice of Consideration of Issuance of process for awards. Amendment to Facility Operating The only time a fuel handling accident Type of Meetings: Closed. License, Proposed No Significant could occur is during the handling of a fuel Purpose of Meeting: To provide advice and assembly. The design of fuel handling recommendations concerning support for Hazards Consideration Determination, equipment is such that an interruption of research proposals submitted to the NSF for and Opportunity for a Hearing A.C. power would not cause a fuel element financial support. to be inadvertently dropped. Therefore, an Reason for Closing: The proposals being The Nuclear Regulatory Commission interruption or loss of A.C. power does not reviewed include information of a (the Commission) is considering significantly increase the probability of a fuel proprietary or confidential nature, including issuance of an amendment to Facility handling accident. technical information; financial data, such as Operating License No. DPR–58 and At present, fission product activities in the salaries; and personal information Facility Operating License No. DPR–74 fuel assembly pellet-to-cladding gaps are concerning individuals associated with the issued to Indiana Michigan Power greatly reduced. The fuel handling accident proposals. These matters are exempt under 5 Company (the licensee) for operation of analysis considers the thyroid dose at the site U.S.C. 552b(c)(4) and (6) of the Government the Donald C. Cook Nuclear Power boundary and in the low population zone. in the Sunshine Act. Plant, Units 1 and 2 located in Berrien This dose is dominated by the isotope iodine 131, which also decays more slowly than the Dated: April 22, 1999. County, Michigan. Linda Allen-Benton, other iodine contributors to the dose. The The proposed license amendment activity of iodine 131 decreases by one-half Acting Director, Division of Human Resource would revise Technical Specification every 8.05 days. The current shutdown Management. section 3/4.8.1.2, ‘‘Electrical Power period of approximately 18 months [FR Doc. 99–10661 Filed 4–28–99; 8:45 am] Systems, Shutdown,’’ and its associated represents over 70 half-lives. Activity of a BILLING CODE 7555±01±M bases to provide a one-time extension of radioactive material is generally considered the 18-month surveillance interval for to be negligible after 7 half-lives (a reduction 1 specific surveillance requirements for in activity of ⁄128). By contrast, the accident NATIONAL SCIENCE FOUNDATION Units 1 and 2. This surveillance will be analysis assumes an iodine reduction of less than 1⁄10 (from activated charcoal filtration) performed prior to the first entry into Special Emphasis Panel in Physics; in the fuel handling building, and no Mode 4 subsequent to receipt of the Notice of Meeting reduction in the containment, prior to requested T/S amendment. In addition, release. Therefore, the consequences of a fuel In accordance with the Federal for Unit 2 only, a minor administrative handling accident are clearly bounded by the Advisory Committee Act (Pub. L. 92– change is included to delete a reference existing safety analysis without taking credit 463, as amended), the National Science to T/S 4.0.8, which is no longer for any iodine removal by charcoal filtration. Foundation announces the following applicable. For Unit 1 only, an editorial The greatly reduced fission product activity meeting: change is made to add the word ‘‘or’’ to at the current time provides assurance that action statement 3.8.1.2. the consequences of this event are bounded Name: Special Emphasis Panel in Physics by the existing analysis. Therefore, the (1208) DOE/NSF Nuclear Science Advisory Before issuance of the proposed consequences are not significantly increased. Committee. license amendment, the Commission Date and Time: Friday, April 30, 1999; 9 will have made findings required by the Accidental Release of Radioactive Liquids a.m. to 5 p.m. Atomic Energy Act of 1954, as amended The inadvertent release of radioactive Place: LBL Washington, DC Project Office; liquid wastes to the environment was Suite 500, 1250 Maryland Ave, SW, * Persons wishing to speak should make evaluated for the waste evaporator Washington, DC. arrangement through the Contact Person identified condensate and monitor tanks, condensate Type of Meeting: Opened. above. storage tank, primary water storage tank,
VerDate 26-APR-99 16:24 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\29APN1.XXX pfrm08 PsN: 29APN1 23130 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Notices refueling water storage tank (RWST), the footnote to T/S 3/4.8.1.2. Therefore, the deferred surveillances. Therefore, the auxiliary building storage tanks and the possibility of an uncontrolled boron dilution availability of power supplies assumed for chemical and volume control system (CVCS) is not significantly increased. Acceptable accident mitigation is not significantly holdup tanks. It was concluded, in the consequences for this event rely on reduced and previous margins of safety are UFSAR Chapter 14 evaluation, that loss of precluding its occurrence and by detection maintained. liquid from these tanks to the environment is with the source range nuclear The proposed administrative change for not a credible accident. This conclusion does instrumentation required by the T/S in unit 2 deletes a reference to T/S 4.0.8 that is not depend on operating mode , hence, Modes 5 and 6. no longer applicable and thus, does not further evaluation of this event is not The proposed revision involves deferral of increase the probability or consequences of required. certain surveillance requirements when shut an accident. The editorial change to unit 1 Waste Gas Release down but does not reduce the required corrects a typographical error. The correction operable power sources of the Limiting is not intended to change the meaning. Radioactive gases are introduced into the Condition for Operation (LCO), does not Therefore, these changes do not involve a reactor coolant by the escape of fission increase the allowed outage time of any significant reduction in the margin of safety. products if defects exist in the fuel cladding. required operable power supplies and does In summary, based upon the above The processing of the reactor coolant by not reduce the requirement to know that the evaluation, I&M has concluded that these auxiliary systems results in the accumulation deferred SRs [surveillance requirements] changes involve no significant hazards of radioactive gases in various tanks. The two could be met at all times. Deferral of the consideration. main sources of any significant gaseous testing does not by itself increase the radioactivity that could occur would be the The NRC staff has reviewed the potential that the testing would not be met licensee’s analysis and, based on this volume control tank (VCT) and the gas decay and the previously evaluated accidents tanks. It is assumed that a tank ruptures by described above do not rely on automatic review, it appears that the three an unspecified mechanism after the reactor starting or loading of the single operable EDG standards of 10 CFR 50.92 are satisfied. has been operating for one core cycle with [emergency diesel generator] permitted in Therefore, the NRC staff proposes to 1% defects in the fuel cladding. There is no Modes 5 and 6. The monthly EDG starts, fuel determine that the amendment request identified mechanism by which an level checks, and fuel transfer pump checks interruption or loss of power could result in involves no significant hazards will continue to be performed to provide a tank rupture. Therefore, it is concluded that consideration. adequate confidence that the required EDG the probability of occurrence of a tank The Commission is seeking public will be available if needed. Therefore, it is rupture would not be significantly increased comments on this proposed concluded that the required A.C. sources will by an interruption or loss of A.C. power. The determination. Any comments received remain available and the previously greatly reduced fission product activities at within 30 days after the date of evaluated consequences will not be the current time provides assurance that the publication of this notice will be consequences of this event are bounded by increased. The proposed administrative change for considered in making any final the current analysis and would, therefore, not determination. be significantly increased. unit 2 deletes a reference to T/S 4.0.8 that is no longer applicable and, thus, does not Normally, the Commission will not Uncontrolled Rod Cluster Control Assembly increase the probability or consequences of issue the amendment until the (RCCA) Withdrawal From a Subcritical an accident. The editorial change to unit 1 expiration of the 30-day notice period. Condition corrects a typographical error. The correction However, should circumstances change This event can only occur with the reactor is not intended to change the meaning. during the notice period such that trip breakers closed and the control rod drive Therefore, based on the above discussion, failure to act in a timely way would mechanisms (CRDMs) energized. With the it is concluded that the proposed amendment does not involve a significant increase in the result, for example, in derating or exception of testing or special maintenance, shutdown of the facility, the the rod drive motor generator set remains probability or consequences of an accident tagged out until Mode 3 and this alone would previously evaluated. Commission may issue the license preclude rod movement. If the conditions for amendment before the expiration of the 2. Does the Change Create the Possibility of 30-day notice period, provided that its rod withdrawal are met, two operable source a New or Different Kind of Accident From range instruments and two reactor trip Any Accident Previously Evaluated? final determination is that the channels and trip breakers must be operable. amendment involves no significant An interruption or loss of power would The proposed changes do not involve hazards consideration. The final operation of the required electrical power preclude CRDM movement and release the determination will consider all public control rods. The source range instruments sources in a manner or configuration different than those previously recognized or and State comments received. Should would remain available. Therefore, it is the Commission take this action, it will concluded that the probability of occurrence evaluated. No new failure mechanisms of the of an uncontrolled RCCA withdrawal would A.C. power supplies are introduced by publish in the Federal Register a notice not be significantly increased by an extension of the subject surveillance of issuance and provide for opportunity interruption or loss of A.C. power in Modes intervals. for a hearing after issuance. The 5 or 6. Acceptable consequences for this The proposed administrative change for Commission expects that the need to event rely on precluding its occurrence. unit 2 deletes a reference to T/S 4.0.8 that is take this action will occur very no longer applicable and, thus, does not Uncontrolled Boron Dilution infrequently. create the possibility of a new or different Written comments may be submitted kind of accident. The editorial change to unit This event requires a malfunction of the by mail to the Chief, Rules and CVCS. The CVCS is designed to limit, even 1 corrects a typographical error. The under various postulated failure modes, the correction is not intended to change the Directives Branch, Division of potential rate of dilution to a value which meaning. Therefore, it is concluded that the Administrative Services, Office of provides the operator sufficient time to proposed changes do not create the Administration, U.S. Nuclear Regulatory correct the situation in a safe and orderly possibility of a new or different kind of Commission, Washington, DC 20555– manner. The rate of addition of unborated accident from any previously evaluated. 0001, and should cite the publication water makeup to the reactor coolant system date and page number of this Federal is limited by the capacity of the primary 3. Does the Change Involve a Significant Reduction in a Margin of Safety? Register notice. Written comments may water pumps. The maximum addition rate in also be delivered to Room 6D59, Two this case is 225 gpm with both primary water The required operable power supplies have pumps running. An interruption or loss of not been reduced. Deferral of the specified White Flint North, 11545 Rockville A.C. power would preclude pump operation SRs does not by itself introduce a failure Pike, Rockville, Maryland, from 7:30 and accidental dilution. The RWST is not a mechanism, and past performance of the SRs a.m. to 4:15 p.m. Federal workdays. credible dilution source as recognized by a has demonstrated reliability in passing the Copies of written comments received
VerDate 26-APR-99 11:10 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\A29AP3.074 pfrm03 PsN: 29APN1 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Notices 23131 may be examined at the NRC Public petition must satisfy the specificity Rulemakings and Adjudications Staff, or Document Room, the Gelman Building, requirements described above. may be delivered to the Commission’s 2120 L Street, NW., Washington, DC. Not later than 15 days prior to the first Public Document Room, the Gelman The filing of requests for hearing and prehearing conference scheduled in the Building, 2120 L Street, NW., petitions for leave to intervene is proceeding, a petitioner shall file a Washington, DC, by the above date. A discussed below. supplement to the petition to intervene copy of the petition should also be sent By May 26, 1999, the licensee may file which must include a list of the to the Office of the General Counsel, a request for a hearing with respect to contentions which are sought to be U.S. Nuclear Regulatory Commission, issuance of the amendment to the litigated in the matter. Each contention Washington, DC 20555–0001, and to subject facility operating license and must consist of a specific statement of Jeremy J. Euto, Esquire, 500 Circle any person whose interest may be the issue of law or fact to be raised or Drive, Buchanan, MI 49107, attorney for affected by this proceeding and who controverted. In addition, the petitioner the licensee. wishes to participate as a party in the shall provide a brief explanation of the Nontimely filings of petitions for proceeding must file a written request bases of the contention and a concise leave to intervene, amended petitions, for a hearing and a petition for leave to statement of the alleged facts or expert supplemental petitions and/or requests intervene. Requests for a hearing and a opinion which support the contention for hearing will not be entertained petition for leave to intervene shall be and on which the petitioner intends to absent a determination by the filed in accordance with the rely in proving the contention at the Commission, the presiding officer or the Commission’s ‘‘Rules of Practice for hearing. The petitioner must also presiding Atomic Safety and Licensing Domestic Licensing Proceedings’’ in 10 provide references to those specific Board that the petition and/or request CFR Part 2. Interested persons should sources and documents of which the should be granted based upon a consult a current copy of 10 CFR 2.714 petitioner is aware and on which the balancing of the factors specified in 10 which is available at the Commission’s petitioner intends to rely to establish CFR 2.714(a)(1)(I)–(v) and 2.714(d). For further details with respect to this Public Document Room, the Gelman those facts or expert opinion. Petitioner must provide sufficient information to action, see the application for Building, 2120 L Street, NW, show that a genuine dispute exists with amendment dated December 3, 1998, Washington, DC, and at the local public the applicant on a material issue of law which is available for public inspection document room located at the Maud or fact. Contentions shall be limited to at the Commission’s Public Document Preston Palenske Memorial Library, 500 matters within the scope of the Room, the Gelman Building, 2120 L Market Street, St. Joseph, MI 49085. If amendment under consideration. The Street, NW., Washington, DC, and at the a request for a hearing or petition for contention must be one which, if local public document room located at leave to intervene is filed by the above proven, would entitle the petitioner to the Maud Preston Palenske Memorial date, the Commission or an Atomic relief. A petitioner who fails to file such Library, 500 Market Street, St. Joseph, Safety and Licensing Board, designated a supplement which satisfies these MI 49085. by the Commission or by the Chairman requirements with respect to at least one of the Atomic Safety and Licensing Dated at Rockville, Maryland, this 22nd contention will not be permitted to Board Panel, will rule on the request day of April 1999. participate as a party. For the Nuclear Regulatory Commission. and/or petition; and the Secretary or the Those permitted to intervene become designated Atomic Safety and Licensing John F. Stang, Sr., parties to the proceeding, subject to any Project Manager, Section 1, Project Board will issue a notice of hearing or limitations in the order granting leave to an appropriate order. Directorate III, Division of Licensing Project intervene, and have the opportunity to Management, Office of Nuclear Reactor As required by 10 CFR 2.714, a participate fully in the conduct of the Regulation. petition for leave to intervene shall set hearing, including the opportunity to [FR Doc. 99–10687 Filed 4–28–99; 8:45 am] forth with particularity the interest of present evidence and cross-examine BILLING CODE 7590±01±P the petitioner in the proceeding, and witnesses. how that interest may be affected by the If a hearing is requested, the results of the proceeding. The petition Commission will make a final NUCLEAR REGULATORY should specifically explain the reasons determination on the issue of no COMMISSION why intervention should be permitted significant hazards consideration. The with particular reference to the final determination will serve to decide [Docket Nos. 50±282 and 50±306] following factors: (1) The nature of the when the hearing is held. petitioner’s right under the Act to be Northern States Power Company; If the final determination is that the Notice of Consideration of Issuance of made party to the proceeding; (2) the amendment request involves no Amendments to Facility Operating nature and extent of the petitioner’s significant hazards consideration, the Licenses DPR±42 and DPR±60 property, financial, or other interest in Commission may issue the amendment Proposed No Significant Hazards the proceeding; and (3) the possible and make it immediately effective, Consideration Determination, and effect of any order which may be notwithstanding the request for a Opportunity for a Hearing entered in the proceeding on the hearing. Any hearing held would take petitioner’s interest. The petition should place after issuance of the amendment. The U.S. Nuclear Regulatory also identify the specific aspect(s) of the If the final determination is that the Commission (the Commission) is subject matter of the proceeding as to amendment request involves a considering issuance of amendments to which petitioner wishes to intervene. significant hazards consideration, any Facility Operating Licenses DPR–42 and Any person who has filed a petition for hearing held would take place before DPR–60 issued to Northern States Power leave to intervene or who has been the issuance of any amendment. Company (the licensee) for operation of admitted as a party may amend the A request for a hearing or a petition the Prairie Island Nuclear Generating petition without requesting leave of the for leave to intervene must be filed with Plant, Units 1 and 2, located in Goodhue Board up to 15 days prior to the first the Secretary of the Commission, U.S. County, Minnesota. prehearing conference scheduled in the Nuclear Regulatory Commission, The proposed amendments would proceeding, but such an amended Washington, DC 20555–0001, Attention: change the implementation date for the
VerDate 26-APR-99 11:10 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\A29AP3.076 pfrm03 PsN: 29APN1 23132 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Notices relocation of the requirements specified Current Technical Specification requirements for a hearing and a petition for leave to in Technical Specification Sections will remain in place. intervene. Requests for a hearing and a 3.1.E and 5.1 to the Updated Final The NRC staff has reviewed the petition for leave to intervene shall be Safety Analysis Report. On December 7, licensee’s analysis and, based on this filed in accordance with the 1998, the NRC had previously issued review, it appears that the three Commission’s ‘‘Rules of Practice for license amendments 141 and 132 for standards of 10 CFR 50.92(c) are Domestic Licensing Proceedings’’ in 10 Units 1 and 2, respectively, approving satisfied. Therefore, the NRC staff CFR part 2. Interested persons should the relocation of aforementioned proposes to determine that the consult a current copy of 10 CFR 2.714 requirements by June 1, 1999. The amendment request involves no which is available at the Commission’s proposed amendments would postpone significant hazards consideration. Public Document Room, the Gelman the implementation date to September The Commission is seeking public Building, 2120 L Street, NW., 1, 1999. comments on this proposed Washington, DC, and at the local public Before issuance of the proposed determination. Any comments received document room located at the license amendments, the Commission within 30 days after the date of Minneapolis Public Library, Technology will have made findings required by the publication of this notice will be and Science Department, 300 Nicollet Atomic Energy Act of 1954, as amended considered in making any final Mall, Minneapolis, Minnesota 55401. If (the Act) and the Commission’s determination. a request for a hearing or petition for regulations. Normally, the Commission will not leave to intervene is filed by the above The Commission has made a issue the amendment until the date, the Commission or an Atomic proposed determination that the expiration of the 30-day notice period. Safety and Licensing Board, designated amendment request involves no However, should circumstances change by the Commission or by the Chairman significant hazards consideration. Under during the notice period such that of the Atomic Safety and Licensing the Commission’s regulations in 10 CFR failure to act in a timely way would Board Panel, will rule on the request 50.92, this means that operation of the result, for example, in derating or and/or petition; and the Secretary or the facility in accordance with the proposed shutdown of the facility, the designated Atomic Safety and Licensing Board will issue a notice of hearing or amendments would not (1) involve a Commission may issue the license an appropriate order. significant increase in the probability or amendment before the expiration of the As required by 10 CFR 2.714, a consequences of an accident previously 30-day notice period, provided that its evaluated; or (2) create the possibility of petition for leave to intervene shall set final determination is that the forth with particularity the interest of a new or different kind of accident from amendment involves no significant any accident previously evaluated; or the petitioner in the proceeding, and hazards consideration. The final how that interest may be affected by the (3) involve a significant reduction in a determination will consider all public margin of safety. As required by 10 CFR results of the proceeding. The petition and State comments received. Should should specifically explain the reasons 50.91(a), the licensee has provided its the Commission take this action, it will analysis of the issue of no significant why intervention should be permitted publish in the Federal Register a notice with particular reference to the hazards consideration, which is of issuance and provide for opportunity presented below: following factors: (1) The nature of the for a hearing after issuance. The petitioner’s right under the Act to be 1. Does operation of the facility with the Commission expects that the need to made party to the proceeding; (2) the proposed amendment[s] involve a significant take this action will occur very increase in the probability or consequences nature and extent of the petitioner’s infrequently. property, financial, or other interest in of an accident previously evaluated? Written comments may be submitted The proposed change is administrative in the proceeding; and (3) the possible nature and does not significantly affect any by mail to the Chief, Rules and effect of any order which may be system that is a contributor to initiating Directives Branch, Division of entered in the proceeding on the events for previously evaluated accidents. Administrative Services, Office of petitioner’s interest. The petition should Neither does the change significantly affect Administration, U.S. Nuclear Regulatory also identify the specific aspect(s) of the any system that is used to mitigate any Commission, Washington, DC 20555– subject matter of the proceeding as to previously evaluated accidents. Therefore, 0001, and should cite the publication which petitioner wishes to intervene. the proposed change does not involve any date and page number of this Federal significant increase in the probability or Any person who has filed a petition for consequence of an accident previously Register notice. Written comments may leave to intervene or who has been evaluated. Current Technical Specification also be delivered to Room 6D59, Two admitted as a party may amend the requirements will remain in place. White Flint North, 11545 Rockville petition without requesting leave of the 2. Does operation of the facility with the Pike, Rockville, Maryland, from 7:30 Board up to 15 days prior to the first proposed amendment[s] create the possibility a.m. to 4:15 p.m. Federal workdays. prehearing conference scheduled in the of a new or different kind of accident from Copies of written comments received proceeding, but such an amended any accident previously evaluated? may be examined at the NRC Public petition must satisfy the specificity The proposed change is administrative in Document Room, the Gelman Building, nature and does not alter the design, requirements described above. function, or operation of any plant 2120 L Street, NW., Washington, DC. Not later than 15 days prior to the first component and does not install any new or The filing of requests for hearing and prehearing conference scheduled in the different equipment, therefore a possibility of petitions for leave to intervene is proceeding, a petitioner shall file a a new or different kind of accident from discussed below. supplement to the petition to intervene those previously analyzed has not be created. By May 26, 1999, the licensee may file which must include a list of the 3. Does operation of the facility with the a request for a hearing with respect to contentions which are sought to be proposed amendment[s] involve a significant issuance of the amendment to the litigated in the matter. Each contention reduction in a margin of safety? subject facility operating license and The proposed change is administrative in must consist of a specific statement of nature and does not involve a significant any person whose interest may be the issue of law or fact to be raised or reduction in the margin of safety associated affected by this proceeding and who controverted. In addition, the petitioner with the fuel cladding, reactor coolant wishes to participate as a party in the shall provide a brief explanation of the boundary, containment, or any safety limit. proceeding must file a written request bases of the contention and a concise
VerDate 26-APR-99 11:10 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\A29AP3.070 pfrm03 PsN: 29APN1 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Notices 23133 statement of the alleged facts or expert Nontimely filings of petitions for increase the capacity of the spent fuel opinion which support the contention leave to intervene, amended petitions, storage pool. The proposed action is in and on which the petitioner intends to supplemental petitions and/or requests accordance with the licensee’s rely in proving the contention at the for hearing will not be entertained application for amendment dated hearing. The petitioner must also absent a determination by the December 31, 1997, as supplemented provide references to those specific Commission, the presiding officer or the May 15, September 15, November 25, sources and documents of which the presiding Atomic Safety and Licensing 1998, and January 28, 1999. petitioner is aware and on which the Board that the petition and/or request The Need for the Proposed Action petitioner intends to rely to establish should be granted based upon a those facts or expert opinion. Petitioner balancing of the factors specified in 10 The proposed action would increase must provide sufficient information to CFR 2.714(a)(1)(i)–(v) and 2.714(d). the allowed storage capacity of the St. show that a genuine dispute exists with For further details with respect to this Lucie Plant, Unit 2, spent fuel pool the applicant on a material issue of law action, see the application for (SFP) to 1360 fuel assemblies, allowing or fact. Contentions shall be limited to amendment dated April 20, 1999, which the licensee to continue to operate matters within the scope of the is available for public inspection at the beyond 2001. The Unit 2 SFP at St. amendment under consideration. The Commission’s Public Document Room, Lucie Plant contains 1584 spent fuel contention must be one which, if the Gelman Building, 2120 L Street, storage cells, of which 1076 are proven, would entitle the petitioner to NW., Washington, DC, and at the local currently allowed for storage by the relief. A petitioner who fails to file such public document room located at the technical specifications. The licensee a supplement which satisfies these Minneapolis Public Library, Technology estimates that, by the year 2001, St. requirements with respect to at least one and Science Department, 300 Nicollet Lucie Plant, Unit 2, will have filled all contention will not be permitted to Mall, Minneapolis, Minnesota 55401. SFP storage locations not reserved for a participate as a party. Dated at Rockville, Maryland, this 22nd full-core off-load of fuel. The projected Those permitted to intervene become day of April 1999. loss of capability to store spent fuel parties to the proceeding, subject to any For the Nuclear Regulatory Commission. from future operation of St. Lucie Plant, Unit 2, would affect the licensee’s limitations in the order granting leave to George F. Dick, intervene, and have the opportunity to ability to operate St. Lucie Plant, Unit Acting Chief, Section 1, Project Directorate 2. The proposed amendment is needed participate fully in the conduct of the III, Division of Licensing Project Management, hearing, including the opportunity to Office of Nuclear Reactor Regulation. in order to ensure the capability to perform a full-core off-load to the SFP present evidence and cross-examine [FR Doc. 99–10684 Filed 4–28–99; 8:45 am] until approximately 2007. witnesses. BILLING CODE 7590±01±P If a hearing is requested, the Environmental Impacts of the Proposed Commission will make a final Action determination on the issue of no NUCLEAR REGULATORY significant hazards consideration. The COMMISSION Thermal Impact final determination will serve to decide The licensee’s thermal analysis on the when the hearing is held. Florida Power & Light Company, Inc. effects of the proposed change revealed If the final determination is that the [Docket No. 50±389] that the proposed increase in storage amendment request involves no capacity will change the maximum significant hazards consideration, the St. Lucie Plant, Unit 2 Environmental decay heat load for a partial core offload Commission may issue the amendment Assessment and Finding of No from 16.9E6 Btu/hr to 19.76E6 Btu/hr and make it immediately effective, Significant Impact and for full core offload conditions from notwithstanding the request for a 31.7E6 Btu/hr to 35.22E6 Btu/hr. This hearing. Any hearing held would take The U.S. Nuclear Regulatory increased heat load results in an place after issuance of the amendment. Commission (NRC or the Commission) increase of approximately 3°F in the If the final determination is that the is considering issuance of an maximum fuel pool water temperature amendment request involves a amendment to Facility Operating for the partial core offload case, and an significant hazards consideration, any License No. NPF–16, issued to Florida increase of approximately 5°F in water hearing held would take place before Power & Light Company, Inc., (the temperature for storage of the limiting the issuance of any amendment. licensee), for operation of the St. Lucie full core offload (note: maximum fuel A request for a hearing or a petition Plant, Unit 2, located in St. Lucie pool temperature will be maintained for leave to intervene must be filed with County, Florida. less than or equal to 150°F). The total the Secretary of the Commission, U.S. Environmental Assessment heat load rejected to the environment by Nuclear Regulatory Commission, St. Lucie Plant, Unit 2, is about 6.2E9 Washington, DC 20555-0001, Attention: Identification of the Proposed Action Btu/hr. The percentage increase in the Rulemakings and Adjudications Staff, or The proposed amendment would heat rejected to the environment due to may be delivered to the Commission’s modify the St. Lucie Plant, Unit 2, the increase in spent fuel storage Public Document Room, the Gelman Technical Specifications by changing capacity is on the order of 0.05% for Building, 2120 L Street, NW., the criticality requirements for the partial core discharges and 0.06% for Washington, DC, by close of business on design of the spent fuel storage racks, fuel storage following a full core offload. the above date. A copy of the petition referencing new tables that specify the This heat rejection to the environment should also be sent to the Office of the reactivity effects of fuel assembly is not considered a significant increase General Counsel, U.S. Nuclear burnup and decay time, and increasing from current heat rejection levels. Regulatory Commission, Washington, the listed capacity of the spent fuel DC 20555–0001, and to Jay Silberg, Esq., pool. These changes would allow the Radiological Evaluation Shaw, Pittman, Potts, and Trowbridge, use of credit for soluble boron in the Solid Radioactive Waste. The net 2300 N Street, NW, Washington, DC spent fuel criticality analyses. This effect of increasing the St. Lucie, Unit 2, 20037, attorney for the licensee. would allow Florida Power & Light to spent fuel pool storage capacity is that
VerDate 26-APR-99 11:10 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\A29AP3.072 pfrm03 PsN: 29APN1 23134 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Notices older fuel elements will be retained in 1.25. The previously analyzed the calculated doses are small relative to wet storage beyond the time when they consequences of dropping a spent fuel the guideline values. would have otherwise been loaded into cask were based on the guidelines The impact of the proposed increase casks for dry storage on-site. Retaining provided in Section 15.7.5 of the in St. Lucie, Unit 2, spent fuel storage already-aged fuel in wet storage for an Standard Review Plan. The licensee’s capacity and the implications of the use additional period of time will not review of the existing analysis of the of reactivity credit for fuel pool soluble appreciably increase the activity in the fuel handling accident has concluded boron have been examined in the above fuel pool water or the amount of solid that the gap activities provided in the discussion. Each of the impacts of the radioactive waste which must be analysis of record for the fuel handling proposed change has been quantified disposed of because the short-lived accident conservatively bound those and determined to be within acceptable isotopes associated with these fuel values expected to occur at assembly limits by comparison to established bundles will have had an opportunity to discharge burnups of up to 60,000 acceptance criteria. decay. Therefore, increasing the fuel MWD/MTU. As defined by Section Accordingly, the Commission pool storage capacity as proposed for St. 15.7.4 of the Standard Review Plan, concludes that there are no significant Lucie, Unit 2, will have no significant calculated dose values are well within environmental impacts associated with effect on the quantity of radioactive the guidelines if the calculated whole the proposed action. waste collected. body dose is less than or equal to 6 rem Summary Gaseous Radioactive Waste. Storage and the calculated thyroid dose is less of additional quantities of spent fuel in than or equal to 75 rem. The Commission has completed its the SFP will not significantly increase The proposed license amendment evaluation of the proposed action. The the release of gaseous fission products does not involve any changes to the proposed action will not increase the such as Krypton-85 and Iodine-131. method of operating or range of motion probability or consequences of Experience has demonstrated that of the spent fuel cask handling crane. accidents, no changes will be made in during the period between refueling No movement of loads in excess of the the types of any effluents that may be outages, there is no longer a significant nominal weight of a fuel assembly, released off-site, and there will be no release of fission products, including control element assembly, and significant increase in occupational or Krypton-85, from stored spent fuel associated handling tool is permitted public radiation exposure. Accordingly, containing cladding defects. Iodine-131 over other fuel assemblies in the storage the Commission concludes that there released from spent fuel assemblies to pool. Protection against dropping the are no significant radiological the SFP water will not be significantly spent fuel cask into the spent fuel environmental impacts associated with increased as a result of the expansion of storage pool is provided by the basic the proposed action. the fuel storage capacity since the layout of the FHB. As noted in updated With regard to potential non- Iodine-131 inventory in the fuel will final safety analysis report, Section radiological impacts, the proposed decay to negligible levels in the period 9.1.4.3.2, additional protection is action involves features located entirely between refueling outages. The licensee afforded by the trolley bumpers and a within the restricted area as defined in has stated that fuel rod integrity at St. set of limit switches that work together 10 CFR Part 20. It will not affect non- Lucie, Unit 2, has been very good, with with bridge and trolley brakes to radiological plant effluents and has no most fuel cycles evidencing no leaking prevent movement of the crane hook other environmental impact. The fuel rods. Additionally, the rod into the restricted area. proposed action does not involve any pressure, which tends to act as driving historic sites. Therefore, there are no force for fission product release, is The proposed amendment will not involve any changes in the operation or significant non-radiological substantially decreased after long environmental impacts associated with periods of fuel cooling. range of motion of the spent fuel handling machine. During movement of the proposed action. Accordingly, the The increased heat load on the SFP Commission concludes that there are no from the storage of additional spent fuel a fuel assembly, the load on the hoist cable is monitored to ensure that significant environmental impacts assemblies could potentially result in an associated with the proposed action. increase in the SFP evaporation rate, movement is not restricted. Installed which may result in a slight increase in interlocks will continue to restrict Alternatives to the Proposed action the amount of gaseous tritium released movement of the handling machine when the hoist is withdrawing or Shipping Fuel to a Permanent Federal from the pool. However, the overall Fuel Storage/Disposal Facility release of radioactive gases from St. inserting an assembly. Lucie Plant, Unit 2, will remain a small The licensee has also examined the Shipment of spent fuel to a high-level fraction of the limits of 10 CFR Part 20, existing analysis of an accident radioactive storage facility is an and is therefore considered involving the drop of a spent fuel cask alternative to increasing the onsite spent insignificant. containing ten irradiated fuel fuel storage capacity. However, the U.S. Radioactive Releases Due to assemblies. This review has determined Department of Energy’s (DOE’s) high- Accidents. The existing analyses of that conservative input assumptions level radioactive waste repository is not record pertaining to the radiological were used and that the results of the expected to begin receiving spent fuel consequences of a fuel handling existing analysis are well within the until approximately 2010 at the earliest. accident within the St. Lucie Plant, Unit acceptance criteria for a Limiting Fault- In October 1996, the Administration did 2, Fuel Handling Building (FHB) and 2 event. commit DOE to begin storing waste at a the postulated drop of a spent fuel cask Increasing the storage capacity of the centralized location by January 31, just outside the FHB have been St. Lucie, Unit 2, SFP as described in 1998. However, no location has been examined to assess the impact of the this proposed license amendment will identified and an interim federal storage proposed license amendment. The have no effect on the radiological facility has yet to be identified in assumptions and parameters previously consequences of an assumed fuel advance of a decision on a permanent employed in evaluating the fuel mishandling event or on the repository. Therefore, shipping spent mishandling accident were consistent consequences of dropping a loaded fuel to the DOE repository is not with NRC Regulatory Guides 1.13 and spent fuel cask. For each of these events, considered an alternative to increased
VerDate 26-APR-99 11:10 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\A29AP3.067 pfrm03 PsN: 29APN1 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Notices 23135 onsite spent fuel storage capacity at this shipments of irradiated fuel from St. Reduction of Spent Fuel Generation time. Lucie, Unit 2, for long-term storage at its To minimize the quantities of site. Shipping Fuel to a Reprocessing Facility irradiated fuel generated during full For these reasons, and considering the Reprocessing of spent fuel from the power operation at St. Lucie, FPL has increased fuel handling and additional developed efficient fuel loading patterns St. Lucie Plant, Unit 2, is not a viable occupational radiation exposure alternative since there are no operating that maximize the utilization of fissile incurred during the shipment of material within each assembly commercial reprocessing facilities in the irradiated fuel, the alternative of United States. Spent fuel would have to consistent with license limits on the shipping St. Lucie, Unit 2, fuel to integrated fuel rod exposure. Batch be shipped to an overseas facility for Turkey Point or to St. Lucie, Unit 1, for reprocessing. This approach has never discharge burnups for St. Lucie, Unit 2, storage is not an acceptable alternative fuel regularly approximate 45 GWD/ been used and it would require approval to the proposed action. by the U.S. Department of State as well MTU with peak assembly burnups as other entities. Additionally, the cost Alternatives Creating Additional Storage reaching 50 GWD/MTU by the time of of spent fuel reprocessing is not offset Capacity discharge. St. Lucie, Unit 2, consistently depletes fuel assemblies to these by the salvage value of the residual A variety of alternatives to increase uranium and reprocessing represents an burnups without experiencing cladding the storage capacity of the St. Lucie, perforations so that the fission product added cost. Therefore, this alternative is Unit 2, spent fuel pool were considered considered unacceptable. inventory present in the spent fuel pool prior to developing the proposed license water remains low. The high values of Shipping Fuel to Another Utility or Site amendment based on soluble boron batch average and peak assembly or to St. Lucie, Unit 1, for Storage credit. Fuel rod consolidation was discharge burnup ensure that the Shipment of irradiated fuel from St. examined as a potential alternative and electricity generated by St. Lucie, Unit Lucie, Unit 2, to Turkey Point or to the was eliminated because of the limited 2, yields the minimum possible amount St. Lucie, Unit 1, fuel pool would industry experience in disassembling of spent fuel. provide short-term relief from the irradiated fuel and because of the The fuel assembly design used at St. storage problem at St. Lucie, Unit 2, but potential for fission product release due Lucie, Unit 1, and at Turkey Point is not this transfer of fuel between units would to rod breakage during disassembly. compatible with the St. Lucie, Unit 2, create no additional storage locations for Additionally, because the Department of core. As a result, partially irradiated fuel irradiated fuel. As a result, any fuel Energy (DOE) considers consolidated from other FPL nuclear units can not be transfer would accelerate the loss of fuel fuel to be a non-standard waste form, used at Unit 2 (or vice versa) to reduce pool storage at the receiving unit and FPL was concerned that the presence of the rate of spent fuel discharge. give no benefit to the facility. Currently, fuel in this form would cause the DOE Operation of St. Lucie, Unit 2, at a the Turkey Point site has installed fuel to delay its acceptance of waste from St. reduced power level for long periods of pool storage capacity sufficient to Lucie, Unit 2. time would extend the existing spent handle site requirements for irradiated The addition of poison inserts to the fuel pool storage capacity. However, to fuel storage until approximately the end Unit 2 fuel pool was examined and later compensate for the reduced generation of licensed life in 2012 (for Unit 3) and rejected because the large quantity of by St. Lucie, Unit 2, another power 2013 (for Unit 4). Further expansion of inserts necessary to adequately control generation facility would be required to the storage capacity of the Turkey Point the fuel pool reactivity had a increase its power output, possibly spent fuel pools is not feasible. Unlike significantly greater initial cost that the resulting in an increase in airborne the situation at Turkey Point, the St. alternative selected. Additionally, use of pollution and greenhouse gas emissions. Lucie site will require development of poison inserts increases the volume of The adverse environmental impact of an Independent Spent Fuel Storage radioactive waste that must be disposed increased airborne pollution and Facility (ISFSI) to permit operation to of or decontaminated during greenhouse gas emissions resulting from the end of licensed life. As a result, decommissioning of the spent fuel pool, a long-term derate of St. Lucie, Unit 2, shipment of irradiated fuel from St. making this alternative unacceptable. generating capacity is significantly Lucie to Turkey Point would require the The early implementation of dry cask greater than the environmental impact early development of an ISFSI at Turkey storage for irradiated fuel at the St. associated with increasing the storage Point without eliminating the Lucie site was also considered. Dry cask capacity of the existing Unit 2 spent fuel requirement to subsequently develop an storage involves transferring irradiated pool. ISFSI at the St. Lucie site. Additionally, fuel, after several years of storage in the the design of the Turkey Point fuel pool Unit 2 fuel pool, to high capacity casks The No-Action Alternative storage racks has been optimized for with passive heat dissipation features. As an alternative to the proposed storage of fuel with a different lattice After loading, these casks would be action, the NRC staff considered denial and different reactivity characteristics placed on a concrete pad at an outdoor of the proposed action (i.e., the ‘‘no- than that used at St. Lucie, Unit 2; thus, location on the St. Lucie site. This action’’ alternative). Denial of the storage of Unit 2 fuel at Turkey Point alternative was rejected by FPL because application would result in no would both limit storage of future each of the alternatives discussed above significant change in current discharged Turkey Point fuel and would provide additional storage environmental impacts. The represent a less than optimal use of the locations for irradiated fuel at lower cost environmental impacts of the proposed existing Turkey Point storage capability. and with less environmental impact. action and the alternative action are Likewise, the shipment of irradiated As a result, FPL concluded that none similar. fuel from St. Lucie, Unit 2, to St. Lucie, of the alternative technologies that Unit 1, for storage does not eliminate could create additional spent fuel Alternative Use of Resources the need to develop additional spent storage capacity at St. Lucie, Unit 2, This action does not involve the use fuel storage capability at the St. Lucie could do so with an environmental of any resources not previously site in the future. FPL knows of no other impact less than the impacts associated considered in the Final Environmental utility that is prepared to accept with the chosen option. Statement for St. Lucie, Unit 2.
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Agencies and Persons Consulted Environmental Assessment Alternatives to the Proposed Action By Letter dated March 8, 1991, Mary Identification of the Proposed Action As an alternative to the proposed E. Clark of the State of Florida, action, the staff considered denial of the The proposed action would exempt Department of Health and Rehabilitative proposed action (i.e., the ‘‘no-action’’ WCNOC from certain requirements of 10 Services, informed Deborah A. Miller, alternative). Denial of the application Licensing Assistant, U.S. NRC, that the CFR 50.60 and 10 CFR Part 50, would result in no change in current State of Florida does not desire Appendix G. The proposed exemption environmental impacts. The notification of issuance of license would allow WCNOC to apply environmental impacts of the proposed amendments. Thus, the State official American Society for Mechanical had no comments. Engineers (ASME) Code Case N–514 for action and the alternative action are determining Wolf Creek Generating similar. Finding of No Significant Impact Station’s cold overpressurization Alternative Use of Resources On the basis of the environmental mitigation system (COMS) pressure assessment, the Commission concludes setpoint. This action does not involve the use that the proposed action will not have The proposed action is in accordance of any resources not previously a significant effect on the quality of the with the licensee’s application for considered in the Final Environmental human environment. Accordingly, the exemption dated December 29, 1998. Statement for the Wolf Creek Generating Commission has determined not to Station dated June 1982. prepare an environmental impact The Need for the Proposed Action statement for the proposed action. Agencies and Persons Consulted For further details with respect to the The proposed exemption is needed to In accordance with its stated policy, proposed action, see the licensee’s letter support an amendment to the Wolf on March 5, 1999, the staff consulted dated December 31, 1997, as Creek Technical Specifications which supplemented May 15, 1998, September will revise the heatup, cooldown and with the Kansas State official, Mr. Vick 15, 1998, November 25, 1998, and COMS curves. The use of ASME Code Cooper, of the Kansas Department of January 28, 1999. The May 15, 1998 Case N–514 would allow an increased Health and Environment, regarding the supplement was a result of an U.S. operating band for system makeup and environmental impact of the proposed Nuclear Regulatory Commission request pressure control to allow operational action. The State official had no for additional information dated April 8, flexibility. comments. 1998. All of these documents are Environmental Impacts of the Proposed Finding of No Significant Impact available for public inspection at the Action Commission’s Public Document Room, On the basis of the environmental The Gelman Building, 2120 L Street, The Commission has completed its assessment, the Commission concludes NW., Washington, DC, and at the local evaluation of the proposed action and that the proposed action will not have public document room located at the concludes that application of Code Case a significant effect on the quality of the Indian River Community College N–514 represents a special circumstance human environment. Accordingly, the Library, 3209 Virginia Avenue, Fort in accordance with 10 CFR Commission has determined not to Pierce, Florida 34981–5596. 50.12(a)(2)(ii) on specific exemptions, prepare an environmental impact Dated at Rockville, Maryland, this 23rd day such that the specific requirements of 10 statement for the proposed action. CFR 50.60 and Appendix G are ‘‘* ** of April 1999. For further details with respect to the For the Nuclear Regulatory Commission. not necessary to achieve the underlying purpose of the rule,’’ which in this case proposed action, see the licensee’s letter William C. Gleaves, is to protect the reactor vessel from dated December 29, 1998, which is Project Manager, Section 2, Project brittle fracture. available for public inspection at the Directorate II, Division of Licensing Project Commission’s Public Document Room, Management, Office of Nuclear Reactor The proposed action will not increase Regulation. the probability or consequences of The Gelman Building, 2120 L Street, [FR Doc. 99–10685 Filed 4–28–99; 8:45 am] accidents, no changes are being made in NW., Washington, DC, and at the local public document room located at the BILLING CODE 7590±01±P the types of any effluents that may be released off site, and there is no Emporia State University, William Allen significant increase in occupational or White Library, 1200 Commercial Street, NUCLEAR REGULATORY public radiation exposure. Therefore, Emporia, Kansas 66801 and Washburn COMMISSION there are no significant radiological University School of Law Library, environmental impacts associated with Topeka, Kansas 66621. [Docket No. 50±482] the proposed action. Dated at Rockville, Maryland, this 22nd With regard to potential non- day of April 1999. Wolf Creek Nuclear Operating radiological impacts, the proposed For the Nuclear Regulatory Commission. Corporation; Wolf Creek Generating action does not involve any historic Kristine M. Thomas, Station Environmental Assessment sites. It does not affect non-radiological and Finding of No Significant Impact Project Manager, Section 2, Project plant effluents and has no other Directorate IV & Decommissioning, Division The U.S. Nuclear Regulatory environmental impact. Therefore, there of Licensing Project Management, Office of Commission (the Commission) is are no significant non-radiological Nuclear Reactor Regulation. considering issuance of an exemption to environmental impacts associated with [FR Doc. 99–10686 Filed 4–28–99; 8:45 am] the proposed action. Facility Operating License No. NPF–42, BILLING CODE 7590±01±P issued to Wolf Creek Nuclear Operating Accordingly, the Commission Corporation (WCNOC), for operation of concludes that there are no significant the Wolf Creek Generating Station, environmental impacts associated with located in Coffey County, Kansas. the proposed action.
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NUCLEAR REGULATORY Commission’s Public Document Room Regulatory Commission, Washington, COMMISSION located at 2120 L Street, N.W., DC 20555; and the Executive Secretary, Washington, D.C.. U.S. Department of State, Washington, Applications for Licenses To Export A request for a hearing or petition for DC 20520. Nuclear Material leave to intervene may be filed within In its review of the applications for 30 days after publication of this notice licenses to export nuclear grade graphite Pursuant to 10 CFR 110.70(b) ‘‘Public in the Federal Register. Any request for and heavy water as defined in 10 CFR notice of receipt of an application’’, hearing or petition for leave to intervene Part 110 and noticed herein, the please take notice that the Nuclear shall be served by the requestor or Commission does not evaluate the Regulatory Commission has received the petitioner upon the applicant, the Office health, safety or environmental effects following application for an export of the General Counsel, U.S. Nuclear in the recipient nation of the material to license. Copies of the application are on Regulatory Commission, Washington, be exported. The information file in the Nuclear Regulatory DC 20555; the Secretary, U.S. Nuclear concerning the application follows.
NRC EXPORT LICENSE APPLICATION
Name of applicant, Date of application, Date received, appli- Country of cation No. Description of items to be exported destination
Aldrich Chemical Co., 03/15/99, 03/18/99, XMAT0397 ...... Heavy Water to Canada for upgrading and return to U.S. ... Canada.
Dated this 22nd day of April 1999 at working in licensed activities for a A copy of the petition is available for Rockville, Maryland. period of at least 5 years. inspection at the Commission’s Public For the Nuclear Regulatory Commission. As the basis for the request, the Document Room at 2120 L Street, NW., Ronald D. Hauber, petitioner states that the NRC notified Washington, DC 20555–0001. Director, Division of Nonproliferation, the owner of the Seabrook Station, in a Dated at Rockville, Maryland, this 20th day Exports and Multilateral Relations, Office of letter dated March 16, 1999, that an of April, 1999. International Programs. NRC investigation documented in Office For the Nuclear Regulatory Commission. [FR Doc. 99–10683 Filed 4–28–99; 8:45 am] of Investigation Report No. 1–98–005 James Lieberman, concluded that (1) an electrician was BILLING CODE 7590±01±P Director, Office of Enforcement. terminated as a result of raising a safety concern and (2) a false record was [FR Doc. 99–10688 Filed 4–28–99; 8:45 am] NUCLEAR REGULATORY created. BILLING CODE 7590±01±P COMMISSION The Petitioner’s request for enforcement action is being treated pursuant to 10 CFR 2.206 of the [Docket No. 50±443; License No. NPF±86] RAILROAD RETIREMENT BOARD Commission’s regulations. The request North Atlantic Energy Service for enforcement action has been referred Proposed Collection; Comment Corporation, et al. Receipt of Petition to the Director of the Office of Request for Director's Decision Under 10 CFR Enforcement. As provided by section 2.206 2.206, appropriate action will be taken SUMMARY: In accordance with the on this petition within a reasonable requirement of Section 3506 (c)(2)(A) of Notice is hereby given that by Petition time. the Paperwork Reduction Act of 1995 dated March 31, 1999, David A. The Petitioner’s request to attend the which provides opportunity for public Lochbaum (Petitioner), acting on behalf upcoming predecisional enforcement comment on new or revised data of the Union of Concerned Scientists conference with the licensee is not collections, the Railroad Retirement (UCS), has requested that the U.S. considered to be a request for Board (RRB) will publish periodic Nuclear Regulatory Commission (NRC) enforcement action pursuant to 10 CFR summaries of proposed data collections. take action with regard to the Seabrook 2.206, and it is denied. As stated in Comments are invited on: (a) Whether Station, Unit No. 1, operated by North Section V of the Commission’s ‘‘General the proposed information collection is Atlantic Energy Service Corporation. Statement of Policy and Procedures for necessary for the proper performance of Petitioner requests three specific NRC Enforcement Actions’’ the functions of the agency, including actions: (1) That the NRC take (Enforcement Policy), predecisional whether the information has practical enforcement action against individuals enforcement conferences are a meeting utility; (b) the accuracy of the RRB’s alleged to have unlawfully between the NRC staff and the licensee. estimate of the burden of the collection discriminated against a contract As stated in the Enforcement Policy, of the information; (c) ways to enhance electrician in violation of 10 CFR 50.7; these meetings will normally be closed the quality, utility, and clarity of the (2) that the NRC take enforcement action to public observation when the information to be collected; and (d) against individuals alleged to have enforcement action being contemplated ways to minimize the burden related to created a false record in violation of 10 by the NRC staff is based on the findings the collection of information on CFR 50.9; and (3) that the Petitioner be of an OI investigation report that has not respondents, including the use of granted permission to attend an been publically disclosed or when the automated collection techniques or upcoming predecisional enforcement enforcement action being contemplated other forms of information technology. conference between the NRC and the may be taken against an individual. I Title and Purpose of Information licensee on these matters. The Petitioner find no reason in this case to make an Collection: Request for Review of Part B specifically requested that the NRC ban exception to the Commission’s stated Medicare Claim; OMB 3220–0100 Under any individuals who engaged in policy of keeping these types of Section 7(d) of the Railroad Retirement wrongdoing in the above matters from meetings closed to public observation. Act (RRA), the RRB administers the
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Medicare program for persons covered Amendment No. 2 on April 9, 1999.4 et seq. Index Fund Shares are shares by the railroad retirement system. The proposal rule change, as amended, issued by an open-end management The RRB utilizes Forms G–790 and G– is described in Items I, II, and III below, investment company that seek to 791 to provide railroad retirement which Items have been prepared by the provide investment results that beneficiaries who are claimants for Part Exchange. The Commission is correspond generally to the price and B Medicare benefits with the means for publishing this notice to solicit yield performance of a specified foreign requesting the United Healthcare comments on the proposed rule change, or domestic equity market index. Insurance Company, the RRB’s current as amended, from interested persons. The first Index Fund Shares listed on Medicare carrier, to review claims the Exchange were seventeen series of determinations or to hold hearings on I. Self-Regulatory Organization’s World Equity Benchmark SharesTM the review determinations. Completion Statement of the Terms of Substance of (‘‘WEBSTM’’) issued by Foreign Fund, is required to obtain a benefit. One the Proposed Rule Change Inc. (now WEBS Index Fund, Inc.) response is requested of each The Exchange proposes to list and (‘‘Fund’’), based on the following respondent. trade under Amex Rules 1000A et seq. Morgan Stanley Capital International The RRB proposes no changes to RRB Index Fund Shares based on the (‘‘MSCI’’) indices: Australia, Austria, Forms G–790 and G–791. The following MSCI Indices: Brazil, Greece, Belgium, Canada, France, Germany, completion time for both the G–790 and Indonesia (Free), South Korea, Portugal, Hong Kong, Italy, Japan, Malaysia, the G–791 is estimated at 15 minutes. South Africa, Taiwan, Thailand (Free), Mexico (Free), Netherlands, Singapore ADDITIONAL INFORMATION OR COMMENTS: Turkey, United States and EMU. The (Free), Spain, Sweden, Switzerland and To request more information or to MSCI EMU Index is comprised of the United Kingdom.7 These WEBS obtain a copy of the information companies from countries participating Index Series, which the Commission collection justification, forms, and/or in the EMU.5 specifically approved for Amex listing supporting material, please call the RRB and trading in Securities Exchange Act II. Self-Regulatory Organization’s Release No. 36947,8 have been trading Clearance Officer at (312) 751–3363. Statement of the Purpose of, and Comments regarding the information on the Amex since March 18, 1996. Statutory Basis for, the Proposed Rule The Exchange proposes to list collection should be addressed to Change Ronald J. Hodapp, Railroad Retirement additional WEBS Index Series based on Board, 844 N. Rush Street, Chicago, In its filing with the Commission, the the following MSCI indices: MSCI Brazil Illinois 60611–2092. Written comments Exchange included statements Index, MSCI Greece Index, MSCI should be received within 60 days of concerning the purpose of, and basis for, Indonesia (Free) Index, MSCI South this notice. the proposed rule change and discussed Korea Index, MSCI Portugal Index, Chuck Mierzwa, any comments it received on the MSCI South Africa Index, MSCI Taiwan Clearance Officer. proposed rule change. The text of these Index, MSCI Thailand (Free) Index, statements may be examined at the MSCI Turkey Index, MSCI United States [FR Doc. 99–10741 Filed 4–28–99; 8:45 am] places specified in Item IV below. The Index and MSCI EMU Index.9 BILLING CODE 7905±01±M Exchange has prepared summaries, set Descriptions of the eleven specific forth in Sections A, B, and C below, of indices referenced above have been the most significant aspects of such prepared by the Fund and are available SECURITIES AND EXCHANGE statements. in the public file. COMMISSION The MSCI EMU Index is comprised of A. Self-Regulatory Organization’s stocks of companies from countries [Release No. 34±41322; International Series Statement of the Purpose of, and the Release No. 1192; File No. SR±Amex±98± participating in the EMU. Currently, 49] Statutory Basis for, the Proposed Rule eleven countries are participating in the Change EMU: Austria, Belgium, Finland, Self-Regulatory Organizations; Notice 1. Purpose France, Germany, Ireland, Italy, of Filing of Proposed Rule Change and Luxembourg, the Netherlands, Portugal Amendment Nos. 1 and 2 Thereto by In Securities Exchange Act Release 6 and Spain. The MSCI EMU is currently the American Stock Exchange LLC. No. 36947, the Commission approved comprised of stocks of companies from Relating to Listing Additional Series of Amex’s listing and trading of Index ten of these EMU countries (e.g., all of World Equity Benchmark SharesTM Fund Shares under Amex Rules 1000A the EMU countries except Luxembourg). MSCI has advised that it may, in April 22, 1999. Amex Rules 127 and 190, analogized the minimum accordance with its methodology, Pursuant to Section 19(b)(1) of the number of shares per Creation Unit for the proposed WEBS to the number needed for Portfolio change the composition of MSCI EMU Securities Exchange Act of 1934 Depository Receipts and Index Fund Shares, and in the future, such changes could (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 described the Exchange’s prospectus delivery include adding stock(s) of companies notice is hereby given that on December requirements. See Restated 19b–4 Filing marked from Luxembourg or from any other 23, 1998, the American Stock Exchange Amendment No. 1 (‘‘Amendment No. 1’’). LLC (‘‘Amex’’ or ‘‘Exchange’’) filed with 4 In Amendment No. 2, the Exchange provided a description of the methodology used to calculate 7 ‘‘World Equity Benchmark Shares’’ and ‘‘WEBS’’ the Securities and Exchange the MSCI Indices, discussed the requirements of are service marks of Morgan Stanley Group, Inc. Commission (‘‘Commission’’) the Amex Rule 411 and the disclosure of the procedure ‘‘MSCI’’ and ‘‘MSCI Indices’’ are service marks of proposed rule change. The Exchange for making purchases and redemption of WEBS, Morgan Stanley & Co. Incorporated. submitted Amendment No. 1 to its revised its tracking error discussion, and lowered 8 See Securities Exchange Act Release No. 36947, the minimum number of shares needed for Creation proposal on February 24, 1999,3 and supra note 6. Unit. See Letter from Michael Cavalier, Associate 9 The Fund has filed with the Commission an General Counsel, Legal & Regulatory Policy, Amex, Application for Orders under Sections 6(c) and 1 15 U.S.C. 78s(b)(1). to Katherine England, Assistant Director, Division 17(b) of the Investment Company Act of 1940 2 17 CFR 240.19b–4. of Market Regulation (‘‘Division’’), Commission, (‘‘1940 Act’’) as amended, for the purpose of 3 In Amendment No. 1, the Exchange generally dated April 8, 1999 (‘‘Amendment No. 2’’). exempting the eleven additional WEBS Index Series added a new Morgan Stanley Capital International 5 See Amendment No. 1, supra note 3. referenced herein from various provisions of the (‘‘MSCI’’) Index based on the European Economic 6 Securities Exchange Act Release No. 36947 1940 Act and rules thereunder (File No. 812– and Monetary Union (‘‘EMU’’), added references to (March 8, 1996), 61 FR 10606 (March 14, 1996). 10756).
VerDate 26-APR-99 11:10 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\A29AP3.180 pfrm03 PsN: 29APN1 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Notices 23139 country that becomes a participant in such net asset values are available to the anticipated that the net asset value 15 of EMU.10 public from the Fund’s Distributor via a an individual share will initially range Issuances of WEBS by the Fund are toll free telephone number, and are also from $7 to $25. made only in Creation Unit size available to National Securities Clearing Each MSCI Index on which a WEBS aggregations or multiples thereof. The Corporation (‘‘NSCC’’) participants Index Series is based is calculated by size of the applicable Creation Unit size through data made available from MSCI for each trading day in the aggregation will be set forth in the NSCC. applicable foreign exchange markets Fund’s prospectus and varies from one WEBS are registered in book entry based on official closing prices of the WEBS Index Series to another, but is form through The Depository Trust applicable foreign exchange markets. generally substantial (e.g., value in Company. Trading in WEBS on the For each trading day, MSCI publicly excess of $450,000 per Creation Unit). Exchange is effected until 4:00 p.m. (ET) disseminates each index value for the The Fund issues and sells WEBS each business day. The minimum previous day’s close. MSCI Indices are through Funds Distributor, Inc. trading increment for WEBS is 1⁄16 of reported periodically in major financial (‘‘Distributor’’), the distributor and $1.00, pursuant to Amex Rule 127, publications worldwide, and are also principal underwriter, on a continuous Commentary .02.11 available through vendors of financial basis at the net asset value per share a. MSCI Indices. A description of the information. next determined after an order to methodology used to calculate the MSCI There are two broad categories of purchase WEBS in Creation Unit size Indices was prepared by MSCI. The changes to the MSCI Indices. The first aggregations is received in proper form. methodology is substantially similar to consists of market-driven changes, Following issuance, WEBS are traded on the procedures previously submitted to including mergers, acquisitions and the Exchange like other equity securities the Commission in connection with the bankruptcies. These are announced and by professionals, as well as retail and Exchange’s initial proposal to list implemented as they occur. The second institutional investors. WEBS. The current description varies category consists of structural changes Creation Unit size aggregations of from the original description submitted to reflect the evolution of a market that WEBS are generally issued in exchange in connection with the Exchange’s may occur due to changes in industry for the ‘‘in kind’’ deposit of a specified initial WEBS proposal. As to the composition or regulations, among other portfolio of securities, together with a changes, the current description reasons. Structural changes to MSCI cash payment representing, in part, the expands upon the reasons MSCI Indices may occur only on four dates amount of dividends accrued up to the believes full market capitalization throughout the year: the first business time of issuance. Such deposits are weighting is preferable to other day of March, June, September and made primarily by institutional weighting schemes; expands upon the December. The changes are announced investors, arbitrageurs and the Exchange description of calculating the foreign at least two weeks in advance. specialist. Redemption of WEBS is MSCI ‘‘Free’’ Indices (indices that As noted in the WEBS prospectus for generally made on an in-kind basis, exclude companies and share classes the initial seventeen WEBS Index Series with a portfolio of securities and cash not purchasable by foreigners based on (Registration No. 33–97598), the exchanged for WEBS that have been certain countries’ restrictions on foreign investment objective of each WEBS tendered for redemption. Issuances or ownership); provides specific reasons Index Series is to seek to provide redemptions could also occur for cash for excluding large new issues from an investment results that correspond under specified circumstances (e.g., if it Index; and provides factors to be generally to the price and yield is not possible to effect delivery of considered in determining which performance of public securities traded securities underlying the specific series companies should be deleted from an in the aggregate in particular markets, as in a particular foreign country) and at Index.12 MSCI generally seeks to have represented by specific MSCI other times in the discretion of the 60% of the capitalization of a country’s benchmark indices. Each WEBS Index Fund. stock market reflected in the MSCI Series utilizes a ‘‘passive’’ or indexing The Fund makes available on a daily investment approach which attempts to basis a list of the names and the Index for such country, although in some cases, other considerations may approximate the investment required number of shares of each of the performance of its benchmark index securities to be deposited in connection result in an MSCI Index reflecting less or more than this percentage.13 through quantitative analytical with the issuance of a particular WEBS procedures. Each Index Series has the Index Series in Creation Unit size b. Shares Per Creation Unit. It is anticipated that the number of WEBS policy to remain as fully invested as aggregations, as well as information practicable in a pool of securities the relating to the required cash payment shares constituting a Creation Unit for each WEBS Index Series will range from performance of which will approximate representing, in part, the amount of 14 the performance of the benchmark MSCI accrued dividends. 50,000 to 500,000 and that the value of a Creation Unit at start of trading for Index taken in its entirety. A WEBS Index Series may make A WEBS Index Series will normally periodic distributions of dividends from these series will be in excess of $500,000. The fund will establish a invest at least 95% of its total assets in net investment income, including net stocks that are represented in the foreign currency gains, if any, in an minimum number of WEBS shares per Creation Unit for each Index Series prior relevant MSCI Index and will at all amount approximately equal to times invest at least 90% of its total accumulated dividends on securities to commencement of trading, which minimum will be disclosed in the assets in such stocks, subject to certain held by the WEBS Index Series during limited exceptions.16 A WEBS Index the applicable period, net of expenses Fund’s prospectus. It is further and liabilities for such period. 15 The Exchange expanded the term ‘‘NVA.’’ The net asset value for each WEBS 11 Id. Telephone conversation between Michael Cavalier, Index Series is calculated by the Fund’s 12 See Amendment No. 2, supra note 4. Associate General Counsel, Legal & Regulatory administrator, PFPC Inc. 13 Telephone conversation between Michael Policy, Amex, and Terri Evans, Attorney, Division, Cavalier, Associate General Counsel, Legal & Commission, on March 10, 1999. (‘‘Administrator’’). After calculation, Regulatory Policy, Amex, and Marc McKayle, 16 The WEBS prospectus states that, in order to Attorney, Division, Commission, on April 14, 1999. permit the Advisor additional flexibility to comply 10 See Amendment No. 1, supra note 3. 14 Id. Continued
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Series does not hold all of the issues Creation Unit of the United States for each WEBS Index Series is that comprise the subject MSCI Index, WEBS Index Series in comparison with calculated daily by the Fund’s but attempts to hold a representative the others). It is anticipated that a Administrator. sample of the securities in the Index Creation Unit will consist of 50,000 In order to provide updated utilizing a technique known as WEBS except for the United States informaiton relating to each WEBS ‘‘portfolio sampling.’’ As noted in the WEBS Index Series and EMU WEBS Index Series for use by investors, WEBS prospectus, it is expected that, Index Series, for which the anticipated professionals and persons wishing to over time, the ‘‘expected tracking error’’ minimums are 500,000 and 200,000 create or redeem WEBS,23 the Exchange of a WEBS Index Series relative to the WEBS, respectively. The value of a disseminates through the facilities of the performance of the relevant MSCI Index Creation Unit at the start of trading Consolidated Tape Association (‘‘CTA’’) will be less that 5%.17 An expected would in all cases be in excess of an updated ‘‘indicative optimized tracking error of 5% means that there is $500,000. The proposed minimum portfolio value’’ (‘‘Value’’) for each of a 68% probability that the net return on number of Creation Units is identical to the seventeen WEBS Index Series the asset values for the Index Series the minimum applied in connection cureently traded as calculated by (including dividends and without with the listing of the initial seventeen Bloomberg, L.P. The Exchange will also reflecting expenses) will be between WEBS Index Series in 1996, except for disseminate a Value for the proposed 95% and 105% of the return of the the Japan WEBS Index Series, for which eleven new WEBS Index Series24 over subject MSCI Index after one year one Creation Unit was required to be CTA facilities (Network B) as calculated without rebalancing the portfolio outstanding.20 For the initial WEBS by a securities information provider composition.18 While no particular level Index Series, the number of shares per (‘‘Value calaclator’’). It is anticipated of tracking error is assured, the Fund’s Creation Unit ranged from 40,000 (for that the methodology utilized in advisor, Barclays Global Fund Advisors the Belgium Index Series) to 600,000 connenction with the seventeen WEBS (‘‘Advisor’’), monitors the tracking error (for the Japan Index Series).21 The Index Series currently traded will also of each Index Series on an ongoing basis Exchange believes that the proposed be utilitzed for the proposed eleven new and seeks to minimize tracking error to minimum number of WEBS outstanding series. The Value is disseminated on a the maximum extent possible. Semi- at the start of trading of each WEBS per WEBS basis every 15 seconds during annual and annual reports of the Fund Index Series is sufficient to provide regular Amex trading hours of 9:30 a.m. disclose tracking error over the previous market liquidity and to further the to 4:00 p.m. (ET). The equity securities six month periods, and in the event that Fund’s objective to seek to provide values included in the Value are the tracking error exceeds 5%, the Fund investment results that correspond values of the designated portfolio of Board of Directors will consider what generally to the price and yield equity securities (‘‘Deposit Securities’’) action might be appropriate. performance of a specified MSCI constituting an optimized c. Criteria for Initial and Continued Index.22 representation of the benchmark MSCI Listing. WEBS are subject to the criteria d. Dissemination of Indicative foreign index for each WEBS Index for initial and continued listing of Index Optimized Portfolio Value. As noted Series, which is the same as the Fund Shares in Amex Rule 1002A. For above, MSCI disseminates values for portfolio that is to be utilized generally each of the eleven WEBS Index Series,19 each MSCI Index once each trading day, in connection with creations and it is anticipated that a minimum of two based on closing prices in the relevant redemptios of WEBS in Creation Unit Creation Units will be required to be exchange market. In addition, the Fund size aggregations on that day. The equity outstanding at the start of trading, with makes available on a daily basis the securities included in the Value reflect the exception of the United States names and required number of shares of the same market capitalization WEBS Index Series, for which one each of the securities to be deposited in weighting as the Deposit Securities in Creation Unit will be required to be connection with the issuance of WEBS the optimized portfolio for the outstanding at commencement of in Creation Unit size aggregations for particular WEBS Index Series. In trading (in light of the large size of a each WEBS Index Series, as well as addition to the value of the Deposit information relating to the required cash Securities of each WEBS Index Series, with the requirements of the Internal Revenue Code of 1986, as amended, and other regulatory payment representing, in part, the the Value includes a cash component requirements and to manage future corporate amount of accurued dividends appliable consisting of estimated accured actions and index changes in the smaller markets, to such WEBS Index Series. This dividend and other income, less each of the Australia, Austria, Belgium, Hong Kong, information is made available by the expenses. The Value also reflects Italy, Mexico (Free), Netherlands, Singapore (Free), Spain, Sweden and Switzerland WEBS Index Series Fund’s Advisor to any NSCC participant changes in currency exchange rates will at all times invest at least 80% of its total assets requesting such information. In between the U.S. dollar and the in such stocks and at least half of the remaining addition, other investors can request applicable home country currency. 20% of its total assets in such stocks or in stocks such information directly from the The Value does not reflect the value included in the relevant market, but not in the relevant MSCI Index. See Amendment No. 1, supra Fund’s Distributor. The net asset value of all securities included in the note 3. applicable benchmark MSCI index. In 17 This expected tracking error applies to all 20 See Securities Exchange Act Release No. 36947, addition, the Value does not necessarily WEBS Index Series, including the proposed eleven supra note 6. reflect the precise composition of the WEBS Index Series and existing WEBS Index 21 See Amendment No. 2, supra note 4. The current portfolio of securities held by Series. See Amendment No. 2, supra note 4. Commission notes that number of shares per 18 This applies to all WEBS Index Series. See Creation Unit for the original WEBS were as the Fund for each WEBS Index Series at Amendment No. 2, supra note 4. The Exchange follows: Australia—200,000, Austria—100,000, clarified that there is only a 68%, not 69% as Belgium—40,000, Canada—100,000, France— 23 WEBS cannot be redeemed individually but described in Amendment No. 2, probability that the 200,000, Germany—300,000, Hong Kong—75,000, must be redeemed in Creation Unit size net return on the asset value of the Index Series will Italy—150,000, Japan—600,000, Malaysia—75,000, aggregations applicable to the specific WEBS Index be between 95% and 105%. Telephone Mexico—100,000, Netherlands—50,000, Singapore Series. conversation between Michael Cavalier, Associate (Free)—100,000, Spain—75,000, Sweden—75,000, 24 Telephone conversation between Michael General Counsel, Legal & Regulatory Policy, Amex, Switzerland—125,000 and United Kingdom— Cavalier, Assistant General Counsel, Legal & and Terri Evans, Attorney, Division, Commission, 200,000. See Securities Exchange Act Release No. Regulatory Policy, Amex, and Terri Evans, on April 13, 1999. 36947, supra note 6. Attorney, Division, Commission, on March 10, 19 See Amendment No. 1, surpa note 3. 22 See Amendment No. 2, supra note 4. 1999.
VerDate 26-APR-99 11:10 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\A29AP3.196 pfrm03 PsN: 29APN1 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Notices 23141 a particular point in time. Therefore, the during Amex trading hours to reflect g. Amex Rule 190. Amex Rule 190, Value on a per WEBS basis changes in currency exchange rates Commentary .04, applies to Index Fund disseminated during Amex trading between the U.S. dollar and the Shares listed on the Exchange, hours should not be viewed as a real applicable foreign currency. The Value including WEBS. Commentary. 04 states time update of the net asset value of the will also include the applicable that nothing in Amex Rule 190(a) Fund, which is calculated only once a estimated cash component for each should be construed to restrict a day. While the Value disseminated by WEBS Index Series. specialist registered in a security issued the Amex at 9:30 a.m. is generally very • Brazil, Portugal, South Africa, by an investment company from close to the most recently calculated Turkey, EMU purchasing and redeeming the listed Fund net asset value on a per WEBS For Brazil, Portugal, South Africa, security, or securities that can be basis,25 it is possible that the value of Turkey, and countries included in the subdivided or converted into the listed the portfolio of securities held by the WEBS EMU Index,26 which have trading security, from the issuer as appropriate Fund for a particular WEBS Index Series hours overlapping regular Amex trading to facilitate the maintenance of a fair may diverge from the Deposit Securities hours, the Value calculator will update and orderly market.32 Values during any trading day. In such the applicable Value every 15 seconds h. Prospectus Delivery. The Exchange, case, the Value will not precisely reflect to reflect price changes in the applicable in an Information Circular to Exchange the value of the Fund portfolio. foreign market or markets,27 and convert members and member organizations, Following calculation of net asset value such prices into U.S. dollars based on will inform members and member by the Fund’s Administrator as of 4:00 the current currency exchange rate. organizations, prior to commencement p.m. (ET), the Value on a per WEBS When the foreign market or markets 28 of trading, that investors purchasing basis can be expected to be the same as are closed but the Amex is open, the WEBS are required to receive a Fund the net asset value of the Fund on a per Value will be updated every 15 seconds prospectus prior to or concurrently with WEBS basis. to reflect changes in currency exchange the confirmation of a transaction However, during the trading day, the rates after the foreign markets close. 29 therein.33 Value can be expected to closely The Value will also include the i. Purchases and Redemption in approximate the value per WEBS share applicable estimated cash component Creation Unit Size. In the Information of the portfolio of securities for each for each Index Series. Circular, members and member WEBS Index Series except under • United States organization will be informed that unusual circumstances (e.g., in the case For United States WEBS Index Series, procedures for purchases and of extensive rebalancing of multiple the Value calculator will update the redemptions of WEBS in Creation Unit securities in a WEBS Index Series at the Value at least every 15 seconds, and Size are described in the Fund same time by the Fund Advisor). The such Value will include the applicable prospectus and Statement of Additional circumstances that might cause the estimated cash component. Information, and that WEBS are not Value to be based on calculations e. Original and Annual Listing Fees. individually redeemable but are different from the valuation per WEBS The Amex original listing fee applicable redeemable only in Creation Unit Size share of the actual portfolio of an Index to the listing of WEBS Index Series is aggregations or multiples thereof.34 Series would not be different than $5,000 per WEBS Index Series (i.e., j. Suitability. Prior to commencement circumstances causing any index fund $55,000 for the eleven WEBS Index of trading, the Exchange will issue an or trust to diverge from an underlying Series listed above). 30 In addition, the Information Circular informing benchmark index. annual listing fee applicable to WEBS members and member organizations of The Exchange believes that Index Series under Section 141 of the the characteristics of the specific series dissemination of the Value based on the Amex Company Guide will be based and of applicable Exchange rules, as Deposit Securities providing additional upon the year-end aggregate number of well as of the requirements of Amex information regarding each WEBS Index outstanding WEBS in all series, Rule 411 (Duty to Know and Approve Series that is not otherwise available to including the seventeen existing series Customers).35 the public and is useful to professionals and the additional series proposed k. Trading Halts. In addition to other and investors in connection with WEBS herein. factors that may be relevant, the trading on the Exchange or the creation f. Stop and Stop Limit Orders. Amex Exchange may consider factors such as or redemption of WEBS. Rule 154, Commentary .04(c) provides those set forth in Amex Rule 918C(b) in • Greece, Indonesia (Free), South that stop and stop limit orders to buy or exercising its discretion to halt or Korea, Taiwan, Thailand (Free) For Greece, Indonesia (Free), South sell a security (other than an option, suspend trading in Index Fund Shares, Korea, Taiwan, Thailand (Free), there is which is covered by Amex Rule 950(f) including WEBS. These factors would no overlap in trading hours between the and Commentary thereto) the price of include, but are not limited to: (1) the foreign markets and the Amex. which is derivatively priced based upon extent to which trading is not occurring Therefore, for each Index Series, the another security or index of securities, in stocks underlying the index; or (2) Value calculator will utilize closing may with the prior approval of a Floor whether other unusual conditions or prices (in applicable foreign currency Official, be elected by a quotation, as set circumstances determental to the forth in Commentary .04(c)(i–v). The maintenance of a fair and orderly prices) in the principal foreign market 36 for securities in the WEBS portfolio, and Exchange has designated Index Fund market are present. In addition, Shares, including WEBS, as eligible for trading in WEBS will be halted if the convert the price to U.S. dollars. This 31 Value will be updated every 15 seconds this treatment. (regarding Exchange designation of equity 26 See Amendment No. 1, supra note 3. derivative securities as eligible for such treatment 25 A slight difference between the Value 27 Id. under Rule 154, Commentary .04(c)). disseminated at 9:30 a.m. and the most recently 28 32 See Amendment No. 1, supra note 3. calculated Fund net asset value can be expected Id. 33 because the Value will include an estimated cash 29 Id. Id. amount consisting principally of any dividend 30 Id. 34 See Amendment No. 2, supra note 4. accruals for the Deposit Securities going ‘‘ex- 31 See Securities Exchange Act Release No. 29063 35 Id. dividend’’ on that day. note 9 (April 10, 1991) 56 FR 15652 (April 17, 1991) 36 See Amex Rule 918C.
VerDate 26-APR-99 11:10 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\A29AP3.198 pfrm03 PsN: 29APN1 23142 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Notices circuit breaker parameters under Amex Commission, and all written I. Self-Regulatory Organization’s Rule 117 have been reached. communications relating to the Statement of the Terms of Substance of proposed rule change between the the Proposed Rule Change 2. Statutory Basis Commission and any person, other than The proposed rule change consists of The proposed rule change is those that may be withheld from the amendments to the market-on-close consistent with Section 6(b) of the Act 37 public in accordance with the (‘‘MOC’’) and limit-on-close (‘‘LOC’’) in general and furthers the objectives of provisions of 5 U.S.C. 552, will be procedures permitting entry and Section 6(b)(5) 38 in particular in that it available for inspection and copying in cancellation of MOC/LOC orders after is designed to prevent fraudulent and the Commission’s Public Reference 3:40 p.m. when a regulatory trading halt manipulative acts and practices, to Room in Washington, D.C. Copies of is in effect. promote just and equitable principles of such filing will also be available for trade, to foster cooperation and inspection and copying at the principal II. Self-Regulatory Organization’s coordination with persons engaged in office of the Exchange. All submissions Statement of the Purpose of, and regulating, clearing, settling, processing should refer to File No. SR–Amex–98– Statutory Basis for, the Proposed Rule information with respect to, and 49 and should be submitted by May 20, Change facilitating transaction in securities, 1999. In its filing with the Commission, the and, in general to protect investors and For the Commission, by the Division of Exchange included statements the public interest. Market Regulation, pursuant to delegated concerning the purpose of, and basis for, B. Self-Regulatory Organization’s authority.39 the proposed rule change and discussed Statement on Burden on Competition Margaret H. McFarland, any comments it received on the Deputy Secretary. proposed rule change. The text of these The Exchange believes the proposed statements may be examined at the rule change will impose no burden on [FR Doc. 99–10760 Filed 4–28–99; 8:45 am] BILLING CODE 8010±01±M places specified in Item IV below. The competition. Exchange has prepared summaries, set C. Self-Regulatory Organization’s forth in Sections A, B, and C below, of Statement on Comments on the SECURITIES AND EXCHANGE the most significant aspects of such Proposed Rule Change Received from COMMISSION statements. Members, Participants or Others [Release No. 34±41315; File No. SR±NYSE± A. II. Self-Regulatory Organization’s The Exchange neither solicited nor 98±42] Statement of the Purpose of, and received written comments with respect Statutory Basis for, the Proposed Rule to the proposed rule change. Self-Regulatory Organizations; Notice Change of Filing of Proposed Rule Change and III. Date of Effectiveness of the Amendment No. 1 to the Proposed 1. Purpose Proposed Rule Change and Timing for Rule Change by the New York Stock Cancellation of MOC/LOC Orders Commission Action Exchange, Inc. To Amend MOC/LOC During a Regulatory Halt. Under Within 35 days of the date of Order Entry and Cancellation Exchange policy, a trading halt in an publication of this notice in the Federal Procedures During a Regulatory Halt Exchange-listed stock may be put into Register or within such longer period (i) effect when the Exchange determines as the Commission may designate up to April 20, 1999. that a regulatory condition exists in that 90 days of such date if it finds such Pursuant to Section 19(b)(1) of the stock.4 The purpose of a regulatory halt longer period to be appropriate and Securities Exchange Act of 1934 is to allow the market the time to absorb publishes its reasons for so finding or (‘‘Act’’),1 and Rule 19b–4 thereunder,2 and react to the news or market (ii) as to which the Exchange consents, notice is hereby given that on November conditions. Trading halts may also be the Commission will: 25, 1998, the New York Stock Exchange, instituted when non-regulatory (A) by order approve such proposed Inc. (‘‘NYSE’’ or ‘‘Exchange’’) filed with conditions exist.5 rule change, or the Securities and Exchange Current Exchange procedures 6 (B) institute proceedings to determine Commission (‘‘SEC’’ or ‘‘Commission’’) utilized for MOC and LOC orders whether the proposed rule change the proposed rule change as described prohibit Exchange members from should be disapproved. in Items I, II and III below, which Items have been prepared by the Exchange. 4 A regulatory condition may exist if news is IV. Solicitation of Comments On March 19, 1999, the Exchange pending about the stock or if time is needed for new Interested persons are invited to submitted Amendment No. 1 to the dissemination about the stock. When instituting a 3 regulatory halt, the Exchange follows procedures submit written data, views and proposed rule change. The Commission contained in the section on Trading Halt and arguments concerning the foregoing, is publishing this notice to solicit Suspension Procedures of the Consolidated Tape including whether the proposed rule comments on the proposed rule change, Association Plan, which was filed with the change is consistent with the Act. as amended, from interested persons. Commission. See Securities Exchange Act Release No. 10787 (May 10, 1994), 39 FR 17799; and Persons making written submissions Securities Exchange Act Release No. 16983 (July 16, should file six copies thereof with the 29 17 CFR 200.30–3(a)(12). 1980), 45 FR 49414 (July 24, 1980). Secretary, Securities and Exchange 1 15 U.S.C. 78s(b)(1). 5 A non-regulatory condition may exist if a stock Commission, 450 Fifth Street, N.W., 2 17 CFR 240.19b–4. has an order imbalance of significant size or when Washington, D.C. 20549–0609. Copies of 3 Letter from Donald Siemer, Director, Market there are equipment problems affecting the trading Surveillance, NYSE to Richard Strasser, Assistant in a stock. See Securities Exchange Act Release No. the submission, all subsequent Director, Division of Market Regulation 38225 (January 31, 1997), 62 FR 5875 (February 7, amendments, all written statements (‘‘Division’’), SEC, dated March 15, 1999 1997) and Exchange Information Memo No. 97–23 with respect to the proposed rule (‘‘Amendment No. 1’’). In Amendment No. 1, the (May 8, 1997). change that are filed with the Exchange provided information regarding the 6 For a description of the Exchange’s current Exchange’s regulatory trading halt policy and procedures see Securities Exchange Act Release No. clarified that the Exchange does not seek to amend 40094 (June 15, 1998), 63 FR 38230 (July 15, 1998) 37 15 U.S.C. 78f. its regulatory trading halt policy in this proposed and Exchange Information Memo No. 98–20 (June 38 15 U.S.C. 78f(b)(5). rule change. 22, 1998).
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Statement on Comments on the member entering the order made a Therefore, the Exchange is proposing Proposed Rule Change Received From legitimate error or the member must that if a regulatory halt is in effect at Members, Participants or Others cancel the order to comply with the 3:40 p.m. or occurs after that time, provisions of Exchange Rule 80A(c).7 The Exchange has neither solicited members may enter MOC and LOC Therefore, if a regulatory halt for a nor received written comments on the orders on either side of the market until particular stock is in effect at 3:40 p.m. proposed rule change. or occurs after that time, market 3:50 p.m. or until the stock reopens, whichever occurs first. If an order III. Date of Effectiveness of the participants are not permitted to cancel Proposed Rule Change and Timing for imbalance is published following a their MOC and LOC orders in that stock, Commission Action even if the stock reopens at a price regulatory halt, MOC and LOC order substantially different from the last sale. entry would be permitted only to offset Within 35 days of the date of the published imbalance. The Exchange is proposing that when publication of this notice in the Federal a regulatory halt is in effect at 3:40 p.m. Order Imbalance Publication After Register or within such longer period (i) or occurs after that time, members may Any Trading Halt. Finally, under as the Commission may designate up to cancel MOC and LOC orders until 3:50 current Exchange policy, if a stock 90 days of such date if it finds such p.m. or until the stock reopens, reopens at or before 3:50 p.m. following longer period to be appropriate and whichever occurs first. The Exchange is any type of halt, the specialist in that publishes its reasons for so finding or not proposing any changes in the case stock will publish an imbalance of (ii) as to which the self-regulatory organization consents, the Commission of a non-regulatory halt with respect to 50,000 shares or more (or less than will: this position. 50,000 shares with the approval of a The Exchange believes that this Floor Official) as soon as practicable A. by order approve the proposed rule exception to the no-cancellation policy after 3:50 p.m. The Exchange is change, or for MOC/LOC orders is appropriate proposing that if the stock opens after B. institute proceedings to determine because of the need of market 3:50 p.m., the specialist must publish an whether the proposed rule change participants to be able to respond to imbalance of 50,000 shares or more (or should be disapproved. information that was not available less than 50,000 shares with the IV. Solicitation of Comments before 3:40 p.m. Furthermore, by approval of a Floor Official), if limiting the period of time for canceling practicable.9 If a halt occurs after 3:50 Interested persons are invited to MOC and LOC orders to 3:50 p.m. at the p.m., the stock will not reopen on that submit written data, views and latest, specialists will have sufficient day and MOC and LOC orders will not arguments concerning the foregoing, time to arrange an orderly close. be executed. including whether the proposed rule change is consistent with the Act. Entry of MOC/LOC Orders During a The Exchange intends to issue an Persons making written submissions Regulatory Halt. Current Exchange Information Memo to inform its procedures prohibit members from should file six copies thereof with the members of the revised MOC/LOC Secretary, Securities and Exchange entering MOC and LOC orders after 3:40 proceures. p.m. except to offset a published Commission, 450 Fifth Street N.W., imbalance. If any type of halt is in effect 2. Statutory Basis Washington, D.C. 20549–0609. Copies of at 3:40 p.m., no imbalance of MOC or the submission, all subsequent LOC orders would be published,8 and, The Exchange believes the basis amendments, all written statements therefore, no MOC or LOC orders could under the Act for the proposed rule with respect to the proposed rule be entered after 3:40 p.m. If a regulatory change is the requirement under Section change that are filed with the halt occurs after an imbalance has been 6(b)(5) 10 that the rules of an Exchange Commission, and all written published at 3:40 p.m., market be designed to promote just and communications relating to the conditions may differ substantially from equitable principles of trade, to remove proposed rule change between the impediments to, and perfect the Commission and any person, other than 7 For example, Exchange Rule 80A(c) requires mechanism of a free and open market those that may be withheld from the index arbitrage orders in any stock in the Standard and a national market system and, in public in accordance with the & Poor’s 500 Stock Price Index entered on the general, to protect investors and the provisions of 5 U.S.C. 552, will be Exchange to be stabilizing (i.e., the order must be available for inspection and copying in marked either buy minus or sell plus) when the public interest. Dow Jones Industrial Average advances or declines the Commission’s Public Reference by the 2% point level determined by the Exchange B. Self-Regulatory Organization’s Room. Copies of such filing will also be each quarter. See Securities Exchange Act Release Statement on Burden on Competition available for inspection and copying at No. 41041 (February 11, 1999), 64 FR 8424 the principal office of the NYSE. All (February 19, 1999). When Rule 80A(c) goes into The Exchange does not believe that effect, a MOC index arbitrage order without the submissions should refer to File No. appropriate tick restriction must be canceled unless the proposed rule change will impose SR–NYSE–98–42 and should be it is related to an expiring derivative index product. any burden on competition that is not submitted by May 20, 1999. 8 A specialist is required to publish tape necessary or appropriate in furtherance For the Commission, by the Division of indications to reopen a stock after a trading halt. of the purposes of the Act. The Exchange’s policy on tape indications requires Market Regulation, pursuant to delegated a minimum of ten minutes to elapse between the authority.11 first indication and the reopening of a stock and a 9 The decision of whether an imbalance shall be Jonathan G. Katz, minimum of five minutes to elapse between the last published for a stock opening after 3:50 p.m. will indication and the reopening of a stock, provided be made by an Exchange Floor Director or other Secretary. that a minimum of ten minutes has elapsed since Exchange Floor Official. Telephone call between [FR Doc. 99–10761 Filed 4–28–99; 8:45 am] Betsy Lampert Minkin, Senior Project Specialist, the first indication. See Securities Exchange Act BILLING CODE 8010±0±M Release No. 38225 (January 31, 1997), 62 FR 5875 NYSE and Kelly McCormick, Attorney, Division, (February 7, 1997) and Exchange Information Memo SEC, on January 13, 1999. No. 97–23 (May 8, 1997). 10 15 U.S.C. 78f(b)(5). 11 17 CFR 200.30–3(a)(12).
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SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s allocation of reasonable dues, fees and COMMISSION Statement of the Purpose of, and other charges among Exchange members Statutory Basis for, the Proposed Rule and persons using the Exchange [Release No. 34±41317; File No. SR±Phlx± 99±09] Change facilities. 1. Purpose B. Self-Regulatory Organization’s Self-Regulatory Organizations; Notice Statement on Burden on Competition of Filing and Immediate Effectiveness The Exchange proposes to reduce of Proposed Rule Change by the certain transaction fees for options, to The Exchange represents that the Philadelphia Stock Exchange, Inc. To attract customer order flow to the Phlx proposed rule change should not Modify Fees for Option Transactions options market, and to remain impose any inappropriate burden on competitive. Specifically, equity option competition. April 21, 1999. customer execution fees for contracts C. Self-Regulatory Organization’s Pursuant to Section 19(b)(1) of the with a market value less than $1.00 are Statement on Comments on the Securities Exchange Act of 1934 being reduced from $.15 per contract to 1 2 Proposed Rule Change Received From (‘‘Act’’), and Rule 19b–4 thereunder, $.10 per contract. Equity option Members, Participants, or Others notice is hereby given that on March 30, customer execution fees for contracts 1999, the Philadelphia Stock Exchange, with a market value greater than or No written comments were either Inc. (‘‘Phlx’’ or ‘‘Exchange’’) filed with equal to $1.00 are being reduced from solicited or received by the Exchange the Securities and Exchange $.30 to $.10 per contract. Fees for equity with respect to the proposed rule Commission (‘‘Commission’’) the options transactions automatically change. proposed rule change as described in executed by AUTO–X,4 currently III. Date of Effectiveness of the Items, I, II, and III below, which Items charged at $.15 per contract where the Proposed Rule Change and Timing for have been prepared by the Exchange. market value of the contract is less than Commission Action The Commission is publishing this $1.00, and at $.30 per contract for notice to solicit comments on the The proposed rule change has become execution where the market value of the effective pursuant to Section 19(b)(3)(A) proposed rule change from interested contract is greater than equal to $1.00, 7 persons. of the Act and subparagraph (f)(2) of are being waived for equity options. The Rule 19b–4 under the Act because it I. Self-Regulatory Organization’s contra-side to such orders (specialists or involves a due, fee, or other charge.8 At Statement of the Terms of Substance of Registered Options Traders (‘‘ROTs’’)) any time within 60 days of the filing of the Proposed Rule Change will continue to be charged the the proposed rule change, the application transaction charge as Commission may summarily abrogate The Exchange proposes to amend discussed below. 3 such rule change if it appears to the certain fees charged to customers for In turn, the Exchange will increase operations transactions. In addition, the Commission that such action is fees to options specialists and ROTs necessary or appropriate in the public Exchange will raise certain transaction from $.07 per contract to $.14 per fees charged to the membership, the interest, for the protection of investors, contract for transactions in equity and or otherwise in furtherance of the floor facilities fee, and charges for 5 index options. Fees for transactions in purposes of the Act.9 trading post/booth space and shelf Value Line options will be increased space. The text of the proposed rule from $.09 to $.14 per contract. Foreign IV. Solicitation of Comments change is available at the Exchange and currency options charges imposed on Interested persons are invited to at the Commission. ROTs and specialists will be raised from submit written data, views, and II. Self-Regulatory Organization’s $.07 per contract to $.14 per contract. In arguments concerning the foregoing, Statement of the Purpose of, and addition, the Exchange proposes to raise including whether the proposal is Statutory Basis for, the Proposed Rule the trading post/booth/controller fee consistent with the Act. Persons making Change from $375 per quarter to $750 per written submissions should file six quarter, the floor facility fee from In its filing with the Commission, the copies of thereof with the Secretary, $187.50 per quarter to $375 per quarter, Exchange included statements Securities and Exchange Commission, and the fee charged for shelf space on concerning the purpose of and basis for 450 Fifth Street, N.W., Washington, D.C. all three trading floors—equity, option, the proposed rule change and discussed 20549–0609. Copies of the submission, and foreign currency option, from any comments it received on the all subsequent amendments, all written $187.50 per quarter to $375 per quarter. proposed rule change. The text of these statements with respect to the proposed The Exchange proposes these changes to statements may be examined at the rule change that are filed with the counterbalance revenues lost from the places specified in Item IV below. The Commission, and all written customer execution transaction charges. Exchange has prepared summaries, set communications relating to the The proposed fees will be effective proposed rule change between the forth in sections A, B, and C below, of April 1, 1999. the most significant aspects of such Commission and any person, other than statements. 2. Statutory Basis those that may be withheld from the public in accordance with the The proposed rule change is provisions of 5 U.S.C. 552, will be 1 15 U.S.C. 78s(b)(1). consistent with Section 6(b)(4) of the 2 available for inspection and copying in 17 CFR 240.19b–4. Act 6 in that it provides for the equitable 3 The Exchange represents that the equity option the Commission’s Public Reference transaction charge is paid by member organizations Room. Copies of such filing will also be 4 for execution on behalf of their customers. AUTO–X is the automatic execution feature of available for inspection and copying at Telephone conversation between Nadita Yagnik, AUTOM, the Phlix Automated Options Market Counsel, Exchange, and Joseph P. Morra, Attorney, System. Division of Market Regulation, Commission, on 5 For clarity, the Exchange is renaming the index 7 15 U.S.C. 78s(b)(3)(A). April 12, 1999. Thus, the Exchange filed this option transaction charge to emphasize that it 8 17 CFR 240.19b–4(f)(2). proposal under Section 19(b)(3)(A) of the Act and applies to all index options except the Value Line 9 In viewing this proposal, the Commission has Rule 19b–4(f)(2) thereunder. 15 U.S.C. 78s(b)(3)(A), index options. considered its impact on efficiency, competition, 17 CFR 420.19b–4(f)(2). 6 15 U.S.C. 78f(b)(4). and capital formation. 15 U.S.C. 78c(f).
VerDate 26-APR-99 11:10 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00097 Fmt 4703 Sfmt 4700 E:\FR\FM\A29AP3.191 pfrm03 PsN: 29APN1 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Notices 23145 the principal office of the Exchange. All 1. Employee Work Activity Report— Dated: April 23, 1999. submissions should refer to file number 0960–0483. The data collected by the Frederick W. Brickenkamp, SR–Phlx–99–09, and should be Social Security Administration on Form Reports Clearance Officer, Social Security submitted by May 20, 1999. SSA–3033 is reviewed and evaluated to Administration. For the Commission, by the Division of determine if the claimant meets the [FR Doc. 99–10759 Filed 4–28–99; 8:45 am] Market Regulation, pursuant to delegated disability requirements of the law, when BILLING CODE 4190±29±P authority.10 the claimant returns to work after the Jonathan G. Katz, alleged or established onset date. When Secretary. a possible unsuccessful work attempt or DEPARTMENT OF STATE [FR Doc. 99–10762 Filed 4–28–99; 8:45 am] nonspecific subsidy is involved (and the information cannot be obtained through BILLING CODE 8010±01±M [Public Notice No. 3038] telephone contact), Form SSA–3033 will be used to request a description, by Office of Defense Trade Controls; SOCIAL SECURITY ADMINISTRATION mail, of the employee’s work effort. The Notifications to the Congress of respondents are employers of Old-Age, Proposed Export Licenses Agency Information Collection Survivors and Disability Insurance and Activities: Comment Request Supplemental Security Income AGENCY: Department of State. disability applicants and beneficiaries. ACTION: Notice. In compliance with Pub. L. 104–13, Number of Respondents: 12,500. the Paperwork Reduction Act of 1995, Frequency of Response: 1. SUMMARY: Notice is hereby given that SSA is providing notice of its Average Burden Per Response: 15 the Department of State has forwarded information collections that require minutes. the attached Notifications of Proposed submission to the Office of Management Estimated Annual Burden: 3,125 Export Licenses to the Congress on the and Budget (OMB). SSA is soliciting hours. dates shown on the attachments comments on the accuracy of the 2. Public Information Campaign pursuant to section 36(c) and in agency’s burden estimate; the need for Collections—0960–0544. The Social compliance with section 36(e) of the the information; its practical utility; Security Administration uses the Arms Export Control Act (22 U.S.C. ways to enhance its quality, utility and information collected through feedback 2776). clarity; and on ways to minimize burden cards to determine media interest in EFFECTIVE DATE: As shown on each of on respondents, including the use of broadcasting public information the two (2) letters. automated collection techniques or materials. The respondents are radio, other forms of information technology. FOR FURTHER INFORMATION CONTACT: Mr. The information collections listed television stations and publications. William J. Lowell, Director, Office of below have been submitted to OMB for Number of Respondents: 24,000. Defense Trade Controls, Bureau of clearance. Written comments and Frequency of Response: 1. Political-Military Affairs, Department of recommendations on the information Average Burden Per Response: 1 State [(703) 875–6644]. collections would be most useful if minute. SUPPLEMENTARY INFORMATION: Section received within 30 days from the date Estimated Annual Burden: 400 hours. 38(e) of the Arms Export Control Act of this publication. Comments should be (SSA Address): Social Security mandates that notifications to the directed to the SSA Reports Clearance Administration, DCFAM, Attn: Congress pursuant to section 36(c) must Officer and the OMB Desk Officer at the Frederick W. Brickenkamp, 6401 be published in the Federal Register addresses listed after this publication. Security Blvd., 1–A–21 Operations when they are transmitted to Congress You can obtain a copy of the OMB Bldg., Baltimore, MD 21235 or as soon thereafter as practicable. clearance packages by calling the SSA (OMB Address): Office of Management Dated: April 21, 1999. Reports Clearance Officer on (410) 965– and Budget, OIRA, Attn: Lori Schack, William J. Lowell, 4145, or by writing to him. New Executive Office Building, Room 10230, 725 17th St., NW, Washington, Director, Office of Defense Trade Controls. 10 17 CFR 200.30–3(a)(12). DC 20503 BILLING CODE 4710±25±P
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[FR Doc. 99–10753 Filed 4–28–99; 8:45 am] BILLING CODE 4710±25±C
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DEPARTMENT OF STATE aforementioned provisions of law, the (TSAC) is a Federal advisory committee United States Government determined constituted under 5 U.S.C. App. 2. It [Public Notice 3039] furnishing assistance restricted by these provides advice and makes Bureau of Nonproliferation; Imposition provisions to the Government of Russia recommendations to the Secretary of of Lethal Military Equipment Sanctions (other than assistance furnished to the Transportation on matters relating to Against the Government of Russia and three entities named below) is important shallow-draft inland and coastal Partial Waiver of These Sanctions to the national interests of the United waterway navigation and towing safely. States. Further, it is the policy of the The advice and recommendations also AGENCY: Department of State. United States Government to deny all assist the Coast Guard in formulating ACTION: Notice. types of U.S. Government assistance to the position of the United States in the following three entities: SUMMARY: The United States advance of meetings of the International Government has determined that the (1) Tula Instrument Design Bureau Maritime Organization. (including at Tula 300001, Russia); Government of Russia transferred lethal (2) Volsk Mechanical Plant (including at TSAC meets at least once a year at military equipment to a country Saratov Region, 412013, Volsk, Russia); Coast Guard Headquarters, Washington, determined by the Secretary of State to (3) TZNII Central Scientific Research DC, or another location selected by the be a state sponsor of terrorism. The Institute of Precision Machine-Building (a/k/ Coast Guard. It may also meet for United States Government determined a Tzniitochmash) (including at 142080 extraordinary purposes. Its that, despite the transfers, furnishing Klimovsk, Russia). subcommittees and working groups may assistance to the Government of Russia, These measures shall remain in place meet to consider specific problems as other than assistance furnished to the until further notice. required. three Russian entities specifically involved in the transfer of lethal Dated: April 21, 1999. The Coast Guard will consider military equipment, is important to the John P. Barker, Jr., application for six positions that expire national interests of the United States. Deputy Assistant Secretary of State for or become vacant in October 1999 as Further, it is the policy of the United Nonproliferation Controls. follows: Three members from the barge States Government to deny U.S. [FR Doc. 99–10754 Filed 4–28–99; 8:45 am] and towing industry, reflecting a Government assistance to these three BILLING CODE 4710±25±P geographical balance; one member from entities. port districts, authorities, or terminal EFFECTIVE DATE: March 29, 1999. operators; one member from maritime FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF TRANSPORTATION labor; and one member from shippers Joseph Smaldone, Office of Export who are engaged in the shipment of oil Coast Guard Controls and Conventional Arms or hazardous materials by barge. Nonproliferation Policy, Bureau of [USCG±1999±5550] To be eligible, applicants should have Nonroliferation, Department of State, experience in towing operations, marine (202–647–4231). Towing Safety Advisory Committee; transportation, occupational safety and SUPPLEMENTARY INFORMATION: Pursuant Vacancies health, environmental protection, or to section 620H of the Foreign AGENCY: Coast Guard, DOT. business operations associated with the Assistance Act of 1961, as amended (22 ACTION: Request for applications. towing industry. Each member serves U.S.C. 2378), section 573 of the Foreign for a term of three years. A few members Operations, Export Financing, and SUMMARY: The Coast Guard is seeking may serve consecutive terms. All Related Programs Appropriations Act, applications for appointment to members serve at their own expense and 1994 (Pub. L. 103–87), section 563 of the membership on the Towing Safety receive no salary, reimbursement of Foreign Operations, Export Financing, Advisory Committee (TSAC). TSAC travel expenses, or other compensation and Related Programs Appropriations provides advice and makes from the Federal Government. Act, 1995 (Pub. L. 103–306), section 552 recommendations to the Department of In support of the policy of the of the Foreign Operations, Export Transportation on matters relating to Department of Transportation on gender Financing, and Related Programs shallow-draft inland and coastal and ethnic diversity, the Coast Guard Appropriations Act, 1996 (Pub. L. 104– waterway navigation and towing safety. 107), section 551 of the Foreign encourages applications form qualified DATES: Application must reach the Coast women and members of minority Operations, Export Financing, and Guard on or before July 6, 1999. Related Programs Appropriations Act, groups. 1997 (Pub. L. 104–208), section 550 of ADDRESSES: You may request an application form by writing to Applicants selected may be required the Foreign Operations, Export to complete a Confidential Financial Financing, and Related Programs Commandant (G–MSO–1), U.S. Coast Guard, 2100 Second Street, SW, Disclosure Report (OGE Form 450). Appropriations Act, 1998 (Pub. L. 105– Neither the report nor the information it 118), section 551 of the Foreign Washington, DC 20593–0001; by calling 202–267–0229; or by faxing 202–267– contains may be released to the public, Operations, Export Financing, and except under an order issued by a Related Programs Appropriations Act, 4570. Submit application forms to the same address. This notice and the Federal court or as otherwise provided 1999 (Pub. L. 105–277), and Executive under the Privacy Act (5 U.S.C. 552a). Order 12163, as amended, on March 29, application form are available on the 1999, the United States Government Internet at http://dms.dot.gov. Dated: April 19, 1999. determined that the Government of FOR FURTHER INFORMATION CONTACT: Joseph J. Angelo, Russia has provided lethal military Mr. Gerald Minate, Assistant Executive Director of Standards, Marine Safety and equipment to a country determined by Director, telephone 202–267–0229, fax Environmental Protection. the Secretary of State to be a state 202–267–4570. [FR Doc. 99–10722 Filed 4–28–99; 8:45 am] SUPPLEMENTARY INFORMATION: sponsor of terrorism. Also on March 29, The BILLING CODE 4910±15±M 1999 and pursuant to the Towing Safety Advisory Committee
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DEPARTMENT OF TRANSPORTATION the existing SH 82 alignment and Issued on: April 20, 1999. improvements beyond the No Build L. Robert Shelton, Federal Highway Administration Alternative that enhance the utility of Associate Administrator for Safety Performance Standards. Federal Transit Administration the existing and committed transportation improvements. A valley U.S. Department of Transportation Environmental Impact Statement: wide trail is also included from Pitkin, Eagle and Garfield Counties, Glenwood Springs to Aspen. Automotive Fuel Economy Program Colorado (3) The Build Alternative—This National Highway Traffic Safety Administration AGENCY: Federal Highway alternative consists of rail Administration (FHWA) and Federal improvements in the corridor, a feeder Twenty-third Annual Report to Transit Administration (FTA), DOT. bus service to the rail stations and TSM Congress Calendar Year 1998 improvements. A valley wide trail is ACTION: Revised notice of intent. This publication is distributed by the also included from Glenwood Springs to United States Department of SUMMARY: The FHWA and FTA are Aspen. Transportation, National Highway jointly issuing this revised notice to Comments or questions concerning Traffic Safety Administration, in the advise the public that the project limits this proposed action and the CIS/EIS/ interest of information exchange. The have been extended from the Pitkin 4(f) evaluation should be directed to the opinions, findings, and conclusions County Airport to the City of Aspen, a Colorado Department of Transportation expressed in this publication are those distance of 3.7 miles; and from at the address provided above. of the author(s) and not necessarily Glenwood Springs to West Glenwood, a those of the Department of Issued on April 9, 1999. distance of 2 miles. These extensions Transportation or the National Highway are in response to comments received at Ronald A. Speral, Traffic Safety Administration. The the public scoping meetings held in Environmental/ROW Program Manager, United States Government assumes no February 1998 and subsequent public Colorado Division, Federal Highway liability for its contents or use thereof. meetings. Administration, Lakewood, Colorado. If trade or manufacturers’ name or FOR FURTHER INFORMATION CONTACT: Eva Louis F. Mraz, Jr., products are mentioned, it is because LaDow, FHWA Colorado Division, 555 Regional Administrator, Federal Transit they are considered essential to the Zang Street, Room 250; Lakewood, Administration, Region VIII, Denver, object of the publication and should not Colorado 80228. Telephone (303) 969– Colorado. be construed as an endorsement. The 6730 Extension 341. Dave Beckhouse, [FR Doc. 99–10747 Filed 4–28–99; 8:45 am] United States Government does not FTA Region VIII, 216 16th Street, Suite BILLING CODE 4910±22±M AND 4910±57±M endorse products or manufacturers. 650; Denver, Colorado 80202, Telephone (303) 844–3242. Joe Tempel, AUTOMOTIVE FUEL ECONOMY PROGRAM Colorado Department of Transportation, DEPARTMENT OF TRANSPORTATION 4201 East Arkansas; Denver, Colorado TWENTY-THIRD ANNUAL REPORT TO 80222, Telephone (303) 757–9771. National Highway Traffic Safety CONGRESS SUPPLEMENTARY INFORMATION: The Administration CALENDAR YEAR 1998 FHWA and FTA in cooperation with the Federal Railroad Administration (FRA), Automotive Fuel Economy Program, Table of Contents the Colorado Department of Report to Congress Section I: Introduction Transportation (CDOT) and the Roaring Section II: Vehicle Fuel Economy Fork Railroad Holding Authority The attached document, 23rd Annual Performance and Characteristics (RFRHA) will prepare an environmental Report to Congress on the Automotive A. Fuel Economy Performance by impact statement (EIS) and Section 4(f) Fuel Economy Program, was prepared Manufacturer B. Characteristics of the MY 1998 evaluation on a proposal to make major pursuant to 49 U.S.C. 32916 et seq. Passenger Car Fleet transportation improvements in the which requires that ‘‘the Secretary shall C. Characteristics of the MY 1998 Light Roaring Fork Valley from West transmit to each House of Congress, and Truck Fleet Glenwood Springs to the City of Aspen, publish in the Federal Register, a D. Passenger Car and Light Truck Fleet a distance of approximately 44.2 miles. review of the average fuel economy Economy Averages The purpose of these improvements is standards under this part.’’ E. Domestic and Import Fleet Fuel to accommodate current and projected Economy Averages The 23rd Annual Report to Congress travel demands through the corridor. Section III: 1998 Activities on the Automotive Fuel Economy A. Light Truck CAFE Standards The proposed improvements will be B. Low Volume Petitions identified in a Corridor Investment Program summarizes the fuel economy performance of the vehicle fleet and the C. Enforcement Study which will be combined with the D. Contract Activities EIS. The alternatives to be considered in activities of the National Highway detail in the EIS/4(f) evaluation include Traffic Safety Administration (NHTSA) Section I: Introduction the following: during 1998. Included in this report is The 23rd Annual Report to Congress (1) The No Build Alternative—This a section summarizing rulemaking on the Automotive Fuel Economy alternative will include transportation activities during 1998. This report is Program summarizes the fuel economy improvements that are ‘‘committed’’ or available on the Internet at: http:// performance of the vehicle fleet and the currently approved transportation www.nhtsa.dot.gov/cars/problems/ activities of the National Highway projects. studies/fuelecon/index.html. To obtain Traffic Safety Administration (NHTSA) (2) An Improved Bus/Transportation paper copies of this document, you may during 1998, in accordance with 49 System Management (TSM) contact NHTSA’s Publications Ordering U.S.C. 32916 et seq., which requires the Alternative—This alternative will and Distribution Services on (202) 366– submission of a report each year. include an optimal bus alternative on 1566. Included in this report is a section
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TABLE I±1.ÐFUEL ECONOMY STANDARDS FOR PASSENGER CARS AND LIGHT TRUCKS MODEL YEARS 1978 THROUGH 1999 [In MPG]
Light Trucks 1 Model years Passenger cars Two-wheel Four-wheel 2 3 drive drive combined
1978 ...... 4 18.0 ...... 1979 ...... 4 19.0 17.2 15.8 ...... 1980 ...... 4 20.0 16.0 14.0 (5) 1981 ...... 22.0 6 16.7 15.0 (5) 1982 ...... 24.0 18.0 16.0 17.5 1983 ...... 26.0 19.5 17.5 19.0 1984 ...... 27.0 20.3 18.5 20.0 1985 ...... 4 27.5 7 19.7 7 18.9 7 9.5 1986 ...... 8 26.0 20.5 19.5 20.0 1987 ...... 9 26.0 21.0 19.5 20.5 1988 ...... 9 26.0 21.0 19.5 20.5 1989 ...... 10 26.5 21.5 19.0 20.5 1990 ...... 4 27.5 20.5 19.0 20.0 1991 ...... 4 27.5 20.7 19.1 20.2 1992 ...... 4 27.5 20.2 1993 ...... 4 27.5 20.4 1994 ...... 4 27.5 20.5 1995 ...... 4 27.5 20.6 1996 ...... 4 27.5 20.7 1997 ...... 4 27.5 20.7 1998 ...... 4 27.5 20.7 1999 ...... 4 27.5 20.7 2000 ...... 4 27.5 20.7 1 Standards for MY 1979 light trucks were established for vehicles with a gross vehicle weight rating (GVWR) of 6,000 pounds or less. Stand- ards for MY 1980 and beyond are for light trucks with a GVWR of 8,500 pounds or less. 2 For MY 1979, light truck manufacturers could comply separately with standards for four-wheel drive, general utility vehicles and all other light trucks, or combine their trucks into a single fleet and comply with the standard of 17.2 mpg. 3 For MYs 1982±1991, manufacturers could comply with the two-wheel and four-wheel drive standards or could combine all light trucks and comply with the combined standard. 4 Established by Congress in Title V of the Act. 5 A manufacturer whose light truck fleet was powered exclusively by basic engines which were not also used in passenger cars could meet standards of 14 mpg and 14.5 mpg in MYs 1980 and 1981, respectively. 6 Revised in June 1979 from 18.0 mpg. 7 Revised in October 1984 from 21.6 mpg for two-wheel drive, 19.0 mpg for four-wheel drive, and 21.0 mpg for combined. 8 Revised in October 1985 from 27.5 mpg. 9 Revised in October 1986 from 27.5 mpg. 10 Revised in September 1988 from 27.5 mpg.
Section II: Vehicle Fuel Economy updated to include final Environmental Overall fleet fuel economy for Performance and Characteristics Protection Agency (EPA) calculations, passenger cars was 28.7 mpg in MY where available, since the publication of 1998, an increase of 0.1 mpg from the A. Fuel Economy Performance by the Twenty-second Annual Report to the MY 1997 level. For MY 1998, Corporate Manufacturer Congress. These fuel economy Average Fuel Economy (CAFE) values The fuel economy achievements for achievements and current projected data increased above MY 1997 levels for ten domestic and foreign-based for MY 1998 are listed in Tables II–1 of 23 passenger car manufacturers’ manufacturers in MY 1997 were and II–2. fleets. (See Table II–1.) These ten
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TABLE II±1.ÐPASSENGER CAR FUEL ECONOMY PERFORMANCE BY MANUFACTURER* [Model years 1997 and 1998]
Model year cafe (MPG) Manufacturer 1997 1998
DOMESTIC: Chrysler ...... 27.5 28.7 Ford/Mazda ...... 27.2 27.6 General Motors ...... 28.2 27.8 Honda ...... 29.9 29.5 Nissan ...... 29.9 Toyota ...... 28.8 28.6 Sales Weighted Average (Domestic) ...... 27.9 28.0 IMPORT: BMW ...... 25.7 25.2 Chrysler ...... 26.4 25.8 Fiat ...... 13.7 13.4 Ford/Mazda ...... 31.1 29.5 General Motors ...... 31.3 28.9 Honda ...... 34.4 34.6 Hyundai ...... 30.9 31.5 Kia ...... 30.6 30.6 Mercedes-Benz ...... 25.2 27.1 Mitsubishi ...... 30.0 29.7 Nissan ...... 29.9 30.7 Porsche ...... 23.2 24.5 Subaru ...... 28.0 27.6 Suzuki ...... 33.9 35.8 Toyota ...... 30.1 30.7 Volvo ...... 25.8 25.7 Volkswagen ...... 28.6 28.7 Sales Weighted Average (Import) ...... 29.8 29.9
Total Fleet Average ...... 28.6 28.7 Fuel Economy Standards ...... 27.5 27.5 *Manufacturers with low volume alternate fuel economy standards are not listed.
TABLE II±2.ÐLIGHT TRUCK FUEL ECONOMY PERFORMANCE BY MANUFACTURER * [Model years 1997 and 1998]
Model year CAFE (MPG) Manufacturer Combined 1997 1998
Domestic: Chrysler ...... 20.2 20.5 Ford/Mazda ...... 20.0 20.1 General Motors ...... 20.2 21.1 Sales Weighted Average (Domestic) ...... 20.1 20.5 Foreign Based: Honda ...... 27.1 27.1 Isuzu ...... 19.4 21.4 Kia ...... 23.8 23.7 Land Rover ...... 17.2 17.2 Mercedes-Benz ...... 21.3 Mitsubishi ...... 22.3 22.5 Nissan ...... 22.1 22.2 Suzuki ...... 27.4 27.2 Toyota ...... 22.6 23.5 Sales Weighted Average (Foreign Based) ...... 22.1 22.9 Total Fleet Average ...... 20.4 20.9
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TABLE II±2.ÐLIGHT TRUCK FUEL ECONOMY PERFORMANCE BY MANUFACTURER *ÐContinued [Model Years 1997 and 1998]
Model year CAFE (MPG) Manufacturer Combined 1997 1998
Fuel Economy Standards ...... 20.7 20.7 * Mercedes-Benz began introducing light trucks in MY 1998.
In MY 1998, the fleet average fuel total light truck fleet CAFE from MY are not expected to pay civil penalties economy for import passenger cars 1979 to MY 1998. because the credits they earned by increased by 0.1 mpg from the MY 1997 Six passenger car manufacturers exceeding the fuel economy standards CAFE level to 29.9 mpg. Eight of the 17 (BMW, Chrysler Import, Fiat, Mercedes- in earlier years offset later shortfalls. import car manufacturers increased Benz, Porsche, and Volvo) and three Other manufacturers may file carryback their CAFE values between MYs 1997 light truck manufacturers (Chrysler, plans to demonstrate that they and 1998, while eight others decreased Ford/Mazda, and Land Rover) are anticipate earning credits in future and one was unchanged. projected to fail to achieve the levels of model years to offset current deficits. Beginning in MY 1998, Nissan Figure II–1 illustrates the changes in the MY 1998 CAFE standards. However, NHTSA is not yet able to determine reported a domestic passenger car fleet total new passenger car fleet CAFE from consisting of its Altima model vehicle MY 1978 to MY 1998. which of these manufacturers may be liable for civil penalties for non- which is built in Smryna, Tennessee. The total light truck fleet CAFE compliance. Some MY 1998 CAFE This fleet had the highest CAFE of the increased 0.5 mpg above the MY 1997 values may change when final figures domestic passenger car fleets, but it was CAFE level of 20.4 mpg (see Table II– are provided to NHTSA by EPA, in mid- also the smallest fleet. 2). Figure II–2 illustrates the trends in 1999. In addition, several manufacturers BILLING CODE 4910±59±P
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BILLING CODE 4910±59±C
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B. Characteristics of the MY 1998 to 137 cubic inches for import passenger Mercedes and Volkswagen models Passenger Car Fleet cars, from MY 1997 to MY 1998. during MY 1998. The 0.1 mpg fuel economy Passenger car fleet average The characteristics of the MY 1998 improvement for the MY 1998 domestic characteristics have changed passenger car fleet reflect a continuing passenger car fleet may be attributed in significantly since MY 1978 (the first trend toward satisfying consumer part to weight reduction and mix shifts. year of fuel economy standards). (See demand for higher performance cars. Table II–4.) After substantial initial (See Table II–3.) From MY 1997 to MY The size/class breakdown shows an weight loss (from MY 1978 to MY 1982, 1998, horsepower/100 pounds, a increased trend primarily toward mid- the average passenger car fleet curb measure of vehicle performance, size passenger cars with the reduction of weight decreased from 3,349 to 2,808 increased from 5.02 to 5.11 for domestic two-seater, minicompact, subcompact, pounds), the curb weight stabilized compact, and large passenger cars for passenger cars and from 4.82 to 4.93 for between 2,800 and 3,075 pounds. Table the overall fleet. The size/class mix in import passenger cars. The total fleet II–4 shows that the MY 1998 passenger the domestic fleet shifted from two- car fleet has nearly equal interior average for passenger cars increased seater, compact, and large passenger from 4.95 horsepower/100 pounds in volume and higher performance, but cars to subcompact and mid-size with more than 44 percent better fuel MY 1997 to 5.05 in MY 1998, the passenger cars. The size/class mix in the highest level in the 42 years for which economy, than the MY 1978 fleet. (See import fleet shifted from two-seater, Figure II–3.) the agency has data. Compared with MY minicompact, subcompact, and large 1997, the average curb weight for MY passenger cars to compact and mid-size C. Characteristics of the MY 1998 Light 1998 decreased by 24 pounds for the passenger cars. The import share of the Truck Fleet domestic fleet and increased by 48 passenger car market declined in MY The characteristics of the MY 1998 pounds for the import fleet. The total 1998, as more foreign-based light truck fleet are shown in Table II– new passenger car fleet weight manufacturers achieved 75 percent 5. Light truck manufacturers are not increased only from 3,071 pounds in domestic content for their U.S. and required to divide their fleets into MY 1997 to 3,075 pounds in MY 1998, Canadian-assembled passenger cars. domestic and import fleets based on the primarily because of the larger share The share of turbocharged and 75-percent domestic content threshold held by the domestic fleet. Average supercharged engines increased by 0.5 used for passenger car fleets. In Table engine displacement decreased from percentage points in MY 1998. Diesel II–5, the light truck fleet is subdivided 180 to 174 cubic inches for domestic engine shares increased in MY 1998. according to two-wheel drive or four- passenger cars and increased from 135 Diesel engines were offered on certain wheel drive.
TABLE II±3.ÐPASSENGER CAR FLEET CHARACTERISTICS FOR MYS 1997 AND 1998
Total fleet Domestic fleet Import fleet 1997 1998 1997 1998 1997 1998
Characteristics: Fleet Average Fuel Econ- omy, mpg ...... 28.6 28.7 27.9 28.0 29.8 29.9 Fleet Average Curb Weight, lbs...... 3071 3075 3143 3119 2944 2992 Fleet Average Engine Dis- placement, cu. in...... 164 161 180 174 135 137 Fleet Average Horsepower/ Weight ratio, HP/100 lbs. .. 4.95 5.05 5.02 5.11 4.82 4.93 Pecent of Fleet ...... 100 100 63.6 65.7 36.4 34.3 Segmentation by EPA Size Class, Percent: Two-Seater ...... 1.0 0.7 0.3 0.2 2.3 1.7 Minicompact ...... 0.6 0.4 0.0 0.0 1.6 1.2 Subcompact* ...... 17.6 16.7 7.2 10.4 35.9 28.7 Compact* ...... 37.4 35.8 39.3 35.8 33.9 35.8 Mid-Size* ...... 30.3 34.1 33.3 35.4 25.2 31.6 Large* ...... 13.1 12.3 19.9 18.2 1.2 1.0 Diesel Engines ...... 0.08 0.19 0.0 0.0 0.2 0.6 Turbo or Supercharged En- gines ...... 1.5 2.0 1.3 1.2 1.8 3.6 Fuel Injection ...... 100 100 100 100 100 100 Front-Wheel Drive ...... 85.8 87.0 87.8 90.9 82.2 79.5 Automatic Transmissions ...... 86.1 86.4 91.4 90.4 77.0 78.9 Automatic Transmissions with Lockup Clutches ...... 97.7 99.2 100 99.0 93.1 99.8 Automatic Transmissions with Four or more Forward Speeds ...... 92.1 92.0 90.6 90.8 95.2 94.8 percent Electric ...... 0.02 0.0 0.04 0.0 0.0 0.0 *Includes associated station wagons.
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TABLE II±4.ÐNEW PASSENGER CAR FLEET AVERAGE CHARACTERISTICS [Model years 1978±1998]
Horsepower/ Model year Fuel economy Curb weight Interior space Engine size weight (mpg) (lb.) (cu. ft.) (cu. in.) (hp/100 lb.)
1978 ...... 19.9 3349 112 260 3.68 1979 ...... 20.3 3180 110 238 3.72 1980 ...... 24.3 2867 105 187 3.51 1981 ...... 25.9 2883 108 182 3.43 1982 ...... 26.6 2808 107 173 3.47 1983 ...... 26.4 2908 109 182 3.57 1984 ...... 26.9 2878 108 178 3.66 1985 ...... 27.6 2867 108 177 3.84 1986 ...... 28.2 2821 106 169 3.89 1987 ...... 28.5 2805 109 162 3.98 1988 ...... 28.8 2831 107 161 4.11 1989 ...... 28.4 2879 109 163 4.24 1990 ...... 28.0 2908 108 163 4.53 1991 ...... 28.4 2934 108 164 4.42 1992 ...... 27.9 3007 108 169 4.56 1993 ...... 28.4 2971 109 164 4.62 1994 ...... 28.3 3011 109 169 4.79 1995 ...... 28.6 3047 109 166 4.87 1996 ...... 28.7 3047 109 164 4.92 1997 ...... 28.6 3071 109 164 4.95 1998 ...... 28.7 3075 109 161 5.05
BILLING CODE 4910±59±P
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BILLING CODE 4910±59±C
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TABLE II±5.ÐLIGHT TRUCK FLEET CHARACTERISTICS FOR MYS 1997 AND 1998
Total fleet Two-wheel drive Four-wheel drive 1997 1998 1997 1998 1997 1998
Characteristics: Fleet Average Fuel Economy, mpg ...... 20.4 20.9 21.7 22.4 19.0 19.1 Fleet Average Equivalent Test Weight, lbs. 4471 4435 4283 4255 4703 4679 Fleet Average Engine Displacement, cu. in. 249 243 235 228 266 263 Fleet Average Horsepower/Weight ratio, HP/100 lbs...... 4.20 4.23 4.18 4.20 4.23 4.26 Percent of Fleet ...... 100 100 55.3 57.4 44.7 42.6 Percent of Fleet from Foreign-based Manu- facturers ...... 14.2 15.5 9.6 11.4 19.8 21.1 Segmentation by Type, Percent: Passenger Van ...... 16.4 18.5 28.1 31.4 1.9 1.3 Cargo Van ...... 3.9 3.3 6.9 5.6 0.3 0.2 Small-Pickup: Two-Wheel Drive ...... 6.0 7.3 10.8 12.8 0.0 0.0 Large Pickup: Two-Wheel Drive ...... 20.8 17.1 37.6 29.7 0.0 0.0 Four-Wheel Drive ...... 14.8 13.3 0.0 0.0 33.1 31.3 Special Purpose: Two-Wheel Drive ...... 9.2 11.8 16.6 20.6 0.0 0.0 Four-Wheel Drive ...... 28.9 28.7 0.0 0.0 64.7 67.3 Diesel Engines ...... 0.03 0.02 0.01 0.01 0.04 0.04 Turbo/Supercharged Engines ...... 0.11 0.25 0.13 0.01 0.10 0.56 Fuel Injection ...... 100 100 100 100 100 100 Automatic Transmissions ...... 85.1 86.1 83.1 85.0 87.7 87.6 Automatic Transmissions with Lockup Clutches ...... 95.5 99.3 99.1 99.1 100 100 Automatic Transmissions with Four or More Forward Speeds ...... 99.5 95.1 92.2 92.2 98.5 94.6 Precent Electric ...... 0.0 0.01 0.0 0.02 0.0 0.00
The MY 1998 average test weight of MY 1980 to 21.7 mpg in MY 1987, cars and light trucks) average fuel the total light truck fleet decreased by before declining to 20.9 mpg in MY economy through MY 1987, followed by 36 pounds under that for MY 1997. The 1998, influenced by an increase in a gradual decline. (See also Table II–6). average fuel economy of the fleet performance. Light truck production Passenger car average fuel economy increased by 0.5 mpg to 20.9 mpg. increased from 1.9 million in MY 1980 remained relatively constant for MYs Diesel engine usage declined slightly in to 6.5 million in MY 1998. Light trucks 1987–1998. The overall decline in fuel light trucks to 0.02 percent in MY 1998 comprised 44 percent of the total light economy illustrates the growing from 0.03 percent in MY 1997. The duty vehicle fleet production in MY influence of light trucks and their share of the MY 1998 two-wheel drive 1998, more than 2.5 times the share in significant impact on the light duty fleet increased by 2.1 percentage points MY 1980. fleet. over that for the MY 1997 level of 55.3 D. Passenger Car and Light Truck Fleet percent. BILLING CODE 4910±59±P CAFE levels for light trucks in the 0– Economy Averages 8,500 pounds gross vehicle weight Figure II–4 illustrates an increase in (GVW) class increased from 18.5 mpg in the light duty fleet (combined passenger
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BILLING CODE 4910±59±C
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TABLE II±6.ÐDOMESTIC AND IMPORT PASSENGER CAR AND LIGHT TRUCK FUEL ECONOMY AVERAGES FOR MODEL YEARS 1978±1998 [In MPG]
Domestic Import Model All light Light truck year Light All cars trucks Total fleet share of Car Light truck Combined Car truck* Combined fleet (%)
1978 ..... 18.7 27.3 19.9 1979 ..... 19.3 17.7 19.1 26.1 20.8 25.5 20.3 18.2 20.1 9.8 1980 ..... 22.6 16.8 21.4 29.6 24.3 28.6 24.3 18.5 23.1 16.7 1981 ..... 24.2 18.3 22.9 31.5 27.4 30.7 25.9 20.1 24.6 17.6 1982 ..... 25.0 19.2 23.5 31.1 27.0 30.4 26.6 20.5 25.1 20.1 1983 ..... 24.4 19.6 23.0 32.4 27.1 31.5 26.4 20.7 24.8 22.5 1984 ..... 25.5 19.3 23.6 32.0 26.7 30.6 26.9 20.6 25.0 24.4 1985 ..... 26.3 19.6 24.0 31.5 26.5 30.3 27.6 20.7 25.4 25.9 1986 ..... 26.9 20.0 24.4 31.6 25.9 29.8 28.2 21.5 25.9 28.6 1987 ..... 27.0 20.5 24.6 31.2 25.2 29.6 28.5 21.7 26.2 28.1 1988 ..... 27.4 20.6 24.5 31.5 24.6 30.0 28.8 21.3 26.0 30.1 1989 ..... 27.2 20.4 24.2 30.8 23.5 29.2 28.4 21.0 25.6 30.8 1990 ..... 26.9 20.3 23.9 29.9 23.0 28.5 28.0 20.8 25.4 30.1 1991 ..... 27.3 20.9 24.4 30.1 23.0 28.4 28.4 21.3 25.6 32.2 1992 ..... 27.0 20.5 23.8 29.2 22.7 27.9 27.9 20.8 25.1 32.9 1993 ..... 27.8 20.7 24.2 29.6 22.8 28.1 28.4 21.0 25.2 37.4 1994 ..... 27.5 20.5 23.5 29.7 22.1 27.8 28.3 20.8 24.7 40.2 1995 ..... 27.7 20.3 23.8 30.3 21.5 27.9 28.6 20.5 24.9 37.4 1996 ..... 28.3 20.5 24.1 29.7 22.2 27.7 28.7 20.7 24.9 39.4 1997 ..... 27.9 20.1 23.3 29.8 22.1 27.5 28.6 20.4 24.4 42.8 1998 ..... 28.0 20.5 23.3 29.9 22.9 27.6 28.7 20.9 24.6 44.5 *Light trucks from foreign-based manufacturers.
While passenger car and light truck level of 27.4 mpg for MY 1981 to 22.9 B. Low Volume Petitions fleet fuel economies increased from MY mpg for MY 1998. For MY 1998, the 49 U.S.C. 32902(d) provides that a 1997 to MY 1998 by 0.1 mpg and 0.5 domestic light truck fleet has an average low volume manufacturer of passenger mpg, respectively, the total fleet fuel fuel economy level of 20.5 mpg, which cars may be exempted from the economy for MY 1998 increased by 0.2 is 2.4 mpg lower than the foreign based generally applicable passenger car fuel mpg to 24.6 mpg. The shift to light light truck fleet. For MY 1998, the economy standards if these standards trucks for general transportation is an foreign based light truck fleet fuel are more stringent than the maximum important trend in consumers’ economy increased 0.8 mpg above the feasible average fuel economy for that preference and has a significant fleet MY 1997 level to 22.9 mpg. The manufacturer and if NHTSA establishes fuel consumption effect. domestic manufacturers continued to an alternative standard for that E. Domestic and Import Fleet Fuel dominate the light truck market, manufacturer at its maximum feasible Economy Averages comprising 84 percent of the total light level. A low volume manufacturer is Domestic and import passenger car truck fleet. one that manufactured fewer than fleet average fuel economies have The disparity between the average 10,000 passenger cars worldwide, in the improved since MY 1978, although the CAFEs of the import and domestic model year for which the exemption is increase is far more dramatic for the manufacturers has declined in recent sought (the affected model year) and in the second model year preceding that domestic fleet. The domestic passenger years as domestic manufacturers have model year. car fleet CAFE has continued to increase maintained relatively stable CAFE In 1998, NHTSA acted on three low gradually since MY 1978, but the import values while the import manufacturers passenger car fleet CAFE peaked in MY volume petitions filed by DeTomaso, moved to larger vehicles and more four- Lamborghini and Vector, and Rolls- 1984 and has declined since then. In wheel drive light trucks, thus lowering MY 1998, the domestic passenger car Royce. their CAFE values. fleet average fuel economy was 28.0 DeTomaso filed a low volume petition mpg. The import passenger car fleet Section III: 1998 Activities for its high performance exotic vehicle, average fuel economy was 29.9 mpg. Mangusta. DeTomaso requested Compared with MY 1978, this reflects A. Light Truck CAFE Standards alternative standards for its passenger cars for MYs 2000 and 2001. NHTSA is an increase of 9.3 mpg for domestic cars On April 6, 1998, NHTSA published reviewing this petition and will respond and 2.6 mpg for import cars. a final rule establishing a combined Since MY 1980, the total light truck in early 1999. standard of 20.7 mpg for light trucks for fleet average fuel economy and the Lamborghini and Vector submitted a average for domestic light truck MY 2000. The Department of joint petition requesting that each manufacturers have improved overall, Transportation and Related Agencies company be exempted from the but both have remained below the fuel Appropriations Act for Fiscal Year 1998, generally applicable average fuel economy level for the foreign based Pub. L. 105–66, precludes the agency economy standard and requested that light truck fleet. The foreign based light from setting the MY 2000 standard at a lower alternative standards for their truck average fuel economy has level other than the level for MY 1999. passenger cars for MYs 1998 and 1999. decreased significantly since its highest The agency published a proposal
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TABLE III±1.ÐCAFE FINES COLLECTED DURING CALENDAR YEAR 1998
Model year Manufacturer Amount fined Date paid
1996 ...... BMW ...... $289,840 11/98 Fiat ...... 194,480 10/98 Mercedes-Benz ...... 6,825,610 11/98 Porsche ...... 2,127,600 11/98 Land Rover ...... 4,329,850 11/98 Volvo ...... 5,534,550 11/98 1997 ...... BMW ...... 11,834,910 11/98 Fiat ...... 542,340 10/98 Mercedes-Benz ...... 11,731,035 11/98 Porsche ...... 2,525,820 11/98 Land Rover ...... 4,195,032 11/98 Volvo ...... 5,162,135 11/98
D. Contract Activities employing this technology (e.g., mid- as amended (19 U.S.C. 1641(b)(5)) and • Database Maintenance: Products size passenger cars and compact light section 111.45(a) of the Customs and Production Capabilities of North trucks with an equivalent test weight of Regulations (19 CFR 111.45(a)), revoke American Automobile Manufacturing 3,625 pounds and a 3-liter engine). The the following Customs broker license. Plants. study concluded that such an This program was initiated to provide application would improve the vehicle License Port Individual No. NHTSA with reliable information on fuel economy by 6 to 11 percent with no industry product development and increase in cost or weight over a New York Trimodal Inter- 7405 financing to assist in the analysis of fuel conventional 4-speed automatic national, Inc. economy rulemaking activities. After transmission with lockup torque calendar year 1998, NHTSA will converter. The NOX emissions, however, Dated: April 21, 1999. terminate its contract for the would be higher. The final report will Raymond W. Kelly, maintenance of the database. This is be published in early 1999. Commissioner. because of funding reductions. In FY [FR Doc. 99–10562 Filed 4–28–99; 8:45 am] [FR Doc. 99–10742 Filed 4–28–99; 8:45 am] 1999, NHTSA will compile and BILLING CODE 4910±59±P BILLING CODE 4820±02±P maintain some of this information in- house. The agency has requested funds in the FY 2000 budget to restore DEPARTMENT OF THE TREASURY DEPARTMENT OF THE TREASURY contract support for maintenance of the database. Customs Service Customs Service • Technology Study of Fuel Economy Benefits of Continuously Variable [T.D. 99±41] [T.D. 99±42] Transmissions (CVTs). Cancellations of Customs Brokers' In fiscal year 1997, NHTSA initiated Revocation of Customs Broker's Licenses a study with a consultant to the Volpe License National Transportation Systems Center AGENCY: U.S. Customs Service, AGENCY: U.S. Customs Service, to evaluate the fuel economy and Department of the Treasury. Department of the Treasury. emissions benefits and cost implications ACTION: Broker’s license revocation. ACTION: Brokers’ Licenses Cancellations. of continuously variable transmissions that may be feasible for vehicles larger I, as Commissioner, hereby pursuant I, as Commissioner, hereby pursuant than those vehicles that are currently to section 641(b)(5), Tariff Act of 1930, to section 641(f), Tariff Act of 1930, as
VerDate 26-APR-99 11:10 Apr 28, 1999 Jkt 183247 PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 E:\FR\FM\A29AP3.040 pfrm03 PsN: 29APN1 23162 Federal Register / Vol. 64, No. 82 / Thursday, April 29, 1999 / Notices amended (19 U.S.C. 1641(f)) and Service interest rates used to calculate corporations and one for non- § 111.51(a) of the Customs Regulations interest on overdue accounts corporations. The interest rate (19 CFR 111.51(a)), cancel the following (underpayments) and refunds applicable to underpayments is not so Customs brokers’ licenses without (overpayments) of Customs duties. Due bifurcated. prejudice. to recent legislation, the interest rate The interest rates are based on the applicable to overpayments by short-term Federal rate and determined License corporations is now different than the Port Individual No. by the Internal Revenue Service (IRS) on interest rate for overpayments by non- behalf of the Secretary of the Treasury corporations. For the quarter beginning New York ..... World Freight 13055 on a quarterly basis. The rates effective April 1, 1999, the interest rates for Forwarders, Inc. for a quarter are determined during the overpayments will be 7 percent for New York ..... A F Inter- 9568 first-month period of the previous nationalÐA Di- corporations and 8 percent for non- quarter. vision of Big corporations, and the interest rate for Apple Customs underpayments will be 8 percent. This In Revenue Ruling 99–16 (see, 1999– Brokers, Inc. notice is published for the convenience 13 IRB 5, dated March 29, 1999), the IRS New York ..... Person & 3661 of the importing public and Customs determined the rates of interest for the Weidhorn, Inc. third quarter of fiscal year (FY) 1999 New York ..... Leyden Customs 3149 personnel. Expediters, Inc. EFFECTIVE DATE: April 1, 1999. (the period of April 1—June 30, 1999). The interest rate paid to the Treasury for Wilmington ... Janice Carter Wil- 7440 FOR FURTHER INFORMATION CONTACT: son. Ronald Wyman, Accounting Services underpayments will be the short-term Los Angeles Pui Ching Com- 16232 Federal rate (5%) plus three percentage pany, Inc. Division, Accounts Receivable Group, 6026 Lakeside Boulevard, Indianapolis, points (3%) for a total of eight percent (8%). For corporate overpayments, the Dated: April 21, 1999. Indiana 46278, (317) 298–1200, extension 1349. rate is the Federal short-term rate (5%) Raymond W. Kelly, plus two percentagepoints (2%) for a Commissioner. SUPPLEMENTARY INFORMATION: total of seven percent (7%). For [FR Doc. 99–10743 Filed 4–28–99; 8:45 am] Background overpayments made by non- BILLING CODE 4820±02±P corporations, the rate is the Federal Pursuant to 19 U.S.C. 1505 and short-term rate (5%) plus three Treasury Decision 85–93, published in percentage points (3%) for a total of the Federal Register on May 29, 1985 DEPARTMENT OF THE TREASURY eight percent (8%). These interest rates (50 FR 21832), the interest rate paid on are subject to change for the fourth Customs Service applicable overpayments or quarter of FY–1999 (the period of July underpayments of Customs duties shall 1—September 30, 1999). Quarterly IRS Interest Rates Used in be in accordance with the Internal Calculating Interest on Overdue Revenue Code rate established under 26 For the convenience of the importing Accounts and Refunds on Customs U.S.C. 6621 and 6622. Section 6621 was public and Customs personnel the Duties recently amended (at paragraph (a)(1)(B) following list of Internal Revenue AGENCY: Customs Service, Treasury. by the Internal Revenue Service Service interest rates used, covering the ACTION: General notice. Restructuring and Reform Act of 1998, period from before July of 1974 to date, Pub.L. 105–206, 112 Stat. 685) to to calculate interest on overdue SUMMARY: This notice advises the public provide different interest rates accounts and refunds of Customs duties, of the quarterly Internal Revenue applicable to overpayments: one for is published in summary format.
Corporate Underpayments Overpayments Overpay-ments Beginning date Ending date (percent) (percent) (Eff. 1±1±99) (percent)
Prior to: 070174 ...... 063075 6 6 ...... 070175 ...... 013176 9 9 ...... 020176 ...... 013178 7 7 ...... 020178 ...... 013180 6 6 ...... 020180 ...... 013182 12 12 ...... 020182 ...... 123182 20 20 ...... 010183 ...... 063083 16 16 ...... 070183 ...... 123184 11 11 ...... 010185 ...... 063085 13 13 ...... 070185 ...... 123185 11 11 ...... 010186 ...... 063086 10 10 ...... 070186 ...... 123186 9 9 ...... 010187 ...... 093087 9 8 ...... 100187 ...... 123187 10 9 ...... 010188 ...... 033188 11 10 ...... 040188 ...... 093088 10 9 ...... 100188 ...... 033189 11 10 ...... 040189 ...... 093089 12 11 ...... 100189 ...... 033191 11 10 ...... 040191 ...... 123191 10 9 ...... 010192 ...... 033192 9 8 ...... 040192 ...... 093092 8 7 ......
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Corporate Underpayments Overpayments Overpay-ments Beginning date Ending date (percent) (percent) (Eff. 1±1±99) (percent)
100192 ...... 063094 7 6 ...... 070194 ...... 093094 8 7 ...... 100194 ...... 033195 9 8 ...... 040195 ...... 063095 10 9 ...... 070195 ...... 033196 9 8 ...... 040196 ...... 063096 8 7 ...... 070196 ...... 033198 9 8 ...... 040198 ...... 123198 8 7 ...... 010199 ...... 033199 7 7 6 040199 ...... 063999 8 8 7
Dated: April 26, 1999. compensation at the 100 percent rate the agreement is properly implemented Raymond W. Kelly, because of unemployability. by the parties. The involved agencies’ Commissioner of Customs. VA will use this information to adjust Data Integrity Boards (DIB) may extend [FR Doc. 99–10675 Filed 4–28–99; 8:45 am] VA benefit payments as prescribed by this match for 12 months provided the law. The proposed matching program BILLING CODE 4820±02±P agencies certify to their DIBs within will enable VA to ensure accurate three months of the ending date of the reporting of income. original match that the matching RECORDS TO BE MATCHED: DEPARTMENT OF VETERANS The VA program will be conducted without AFFAIRS records involved in the match are the change and that the matching program VA system of records, Compesnation, has been conducted in compliance with Privacy Act of 1974; Report of Pension, Education and Rehabilitation the original matching program. Records—VA (58 VA 21/22) first Amended Matching Program ADDRESSES: Interested individuals may published at 41 FR 9294, March 3, 1976 submit written comments to the AGENCY: Department of Veterans Affairs. and last amended at 63 FR 37941 (July Director, Office of Regulations ACTION: Notice. 14, 1998). The SSA records consist of Management (02D), Department of return information with respect to net Veterans Affairs, 810 Vermont Avenue, SUMMARY: Notice is hereby given that earnings from self employment and NW, Room 1154, Washington, DC the Department of Veterans Affairs (VA) wages, to Federal, State and local 20420. Comments will be available for intends to conduct a recurring computer agencies administering certain benefit public inspection at the above address program matching Social Security programs from the system of records in the Office of Regulations Administration (SSA) records with VA identified as Earnings Recording and Management, Room 1158, between 8 pension and parents’ dependency and Self Employment System, HHS/SSA/ a.m. and 4:30 p.m., Mondays through indemnity compensation (DIC) records, OSR, 09–60–0059. In accordance with Fridays, except holidays. and records of those veterans receiving Title 5 U.S.C. subsection 552a(o)(2) and total compensation benefits because of (r), copies of the agreement are being FOR FURTHER INFORMATION CONTACT: unemployability. sent to both Houses of Congress and to Kathleen Grill (212), (202) 273–7234. The goal of this match is to provide the Office of Management and Budget SUPPLEMENTARY INFORMATION: This VA with data from income tax return (OMB). information is required by Title 5 U.S.C. information disclosed to SSA. This notice is provided in accordance subsection 552a(e)(12), the Privacy Act VA plans to match records of VA with the provisions of the Privacy Act of 1974. A copy of this notice has been beneficiaries receiving income of 1974 as amended by Pub. L. 100–503. provided to both Houses of Congress dependent benefits and to adjust VA DATES: The match will start no sooner and OMB. income dependent benefits. VA will than 30 days after publication of this also use SSA’s wage and self Notice in the Federal Registert, or 40 Approved: April 26, 1999. employment income records to days after copies of this Notice and the Togo D. West, Jr., determine the continued eligibility for agreement of the parties is submitted to Secretary of Veterans Affairs. VA compensation benefits of those Congress and OMB, whichever is later, [FR Doc. 99–10824 Filed 4–28–99; 8:45 am] individuals who are receiving disability and end not more than 18 months after BILLING CODE 8320±01±M
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Reader Aids Federal Register Vol. 64, No. 82 Thursday, April 29, 1999
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING APRIL
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 5 CFR Presidential Documents Proclamations: 351...... 16797 Executive orders and proclamations 523±5227 7177...... 17075 532...... 15915, 17941 The United States Government Manual 523±5227 7178...... 17077 870...... 16601, 22543 7179...... 17499 890...... 15633 Other Services 7180...... 17939 1200...... 15916 2411...... 18799 Electronic and on-line services (voice) 523±4534 7181...... 18317 Privacy Act Compilation 523±3187 7182...... 18321 Proposed Rules: Public Laws Update Service (numbers, dates, etc.) 523±6641 7183...... 19017 532...... 20221 7184...... 19439 TTY for the deaf-and-hard-of-hearing 523±5229 7 CFR 7185...... 19681 7186...... 19683 6...... 17501 ELECTRONIC RESEARCH 7187...... 22777 254...... 17085 World Wide Web 7188...... 23005 301...... 15916 Executive Orders: 760...... 17942 Full text of the daily Federal Register, CFR and other June 14, 1839 801...... 19019 publications: (Revoked in part by 916...... 19022 http://www.access.gpo.gov/nara PLO 7385)...... 19386 917...... 19022 932...... 23009 Federal Register information and research tools, including Public 11223 (Amended by 981...... 18800 Inspection List, indexes, and links to GPO Access: EO 13118)...... 16595 982...... 23011 http://www.nara.gov/fedreg 11269 (Amended by EO 13118)...... 16595 1079...... 19034 E-mail 11958 (Amended by 1216...... 20102 EO 13118)...... 16595 1361...... 18323 PENS (Public Law Electronic Notification Service) is an E-mail 1437...... 17271 service that delivers information about recently enacted Public 12163 (Amended by EO 13118)...... 16595 1477...... 18553 Laws. To subscribe, send E-mail to 1728...... 17219 12188 (Amended by 1753...... 16602 [email protected] EO 13118)...... 16595 1951...... 19863 with the text message: 12260 (Amended by Proposed Rules: subscribe publaws-l
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1137...... 16026 39 ...... 15657, 15659, 15661, 762...... 17968 671...... 18662 1138...... 16026 15669, 15920, 16339, 16621, 774...... 17968 1139...... 16026 16624, 16625, 16801, 16803, Proposed Rules: 21 CFR 1205...... 19072 16805, 16808, 16810, 17086, 922...... 19945 26...... 16347 1216...... 20107 17512, 17514, 17522, 17524, 184...... 19887 1220...... 18831 17947, 17949, 17951, 17954, 16 CFR 201...... 18571 1306...... 19084 17956, 17950, 17961, 17962, 239...... 19700 312...... 19269 1309...... 19084 17964, 17966, 18324, 18802, 700...... 19700 330...... 18571 3418...... 18534 18804, 18806, 19254, 19689, 701...... 19700 331...... 18571 19691, 19693, 19695, 19879, 341...... 18571 8 CFR 702...... 19700 19881, 19883, 20142, 20144, 703...... 19700 346...... 18571 103...... 17943 20146, 20148, 20150, 20152, Proposed Rules: 355...... 18571 Proposed Rules: 20153, 22544, 22779, 22780, 241...... 18081 358...... 18571 2...... 17128 22782, 23016 256...... 18081 369...... 18571 71 ...... 15673, 15674, 15675, 510...... 15683, 18571 9 CFR 259...... 19729 15676, 15678, 15679, 16024, 312...... 22750 520 ...... 15683, 15684, 18571, 1...... 15918 16340, 16341, 16342, 16343, 18572, 23017 3...... 15918, 19251 16344, 17219, 17934, 18563, 17 CFR 522 ...... 15683, 15685, 18573 391...... 19865 19255, 19257, 19258, 19259, 1...... 19711 556...... 18573, 23017 Proposed Rules: 19260, 19261, 19262, 19263, 5...... 19711 558 ...... 15683, 18574, 20163 72...... 17573 19265, 19266, 19267, 19268, 31...... 19711 701...... 18571 93...... 16655 19885, 19886, 20155, 20156, 202...... 19450 874...... 18327 201...... 15938 20157, 20158, 20159, 20160, 232...... 19469 882...... 18327 20161, 20162, 22674 10 CFR 240...... 19450 890...... 18329 91...... 15912 242...... 19450 900...... 18331 2...... 15636, 15920 93...... 17439 Proposed Rules: 10...... 15636 249...... 19450 95...... 18563 270...... 19469 1...... 15944 11...... 15636 97 ...... 17277, 17526, 17528, 274...... 19469 101...... 15948, 17295 25...... 15636 19697, 22549 275...... 15680 310...... 17985 40...... 17506 401...... 19586 279...... 15680 1308...... 17298, 17299 50...... 17944, 17947 411...... 19586 55...... 19868 413...... 19586 Proposed Rules: 22 CFR 72...... 17510 1...... 17439, 22588 415...... 19586 Ch. II ...... 15685 73...... 17947 5...... 19730 417...... 19586 Ch. VI...... 15686 95...... 15636 1214...... 19886 30...... 22588 200...... 19732 50...... 19713 Proposed Rules: Proposed Rules: 230...... 18481 51...... 19713 30...... 18833 39 ...... 16364, 16366, 16656, 240...... 18393, 18481 121...... 17531 39...... 19089 17130, 18382, 18384, 18386, 270...... 18481 123...... 17531 40...... 18833 18835, 18840, 18842, 18845, 124...... 17531 50...... 22580 19096, 19726, 19930, 19932, 18 CFR 126...... 17531 70...... 18833 19934, 19936, 19938, 19940, 171...... 18808 170...... 15876, 18835 19942, 20221, 20224, 20226, 1b...... 17087 284...... 17276 201...... 17535 171...... 15876, 18835 20229, 20230, 22816, 22818 514...... 17975, 17976 65...... 18302 343...... 17087 12 CFR 385...... 17087 Proposed Rules: 71 ...... 15708, 16024, 16368, 514...... 17988 3...... 19034 16369, 16370, 16371, 17133, 19 CFR 208...... 19034 17717, 17983, 17984, 18392, 23 CFR 213...... 16612 10...... 16345 18481, 18584, 19310, 19312, 1327...... 19269 225...... 19034 19313, 19314, 19316, 19317, 12...... 17529 226...... 16614 19728, 223028 18...... 16345 Proposed Rules: 777...... 16870 303...... 20141 91...... 17293, 18302 113...... 16345 122...... 18566 325...... 19034 105...... 18302 24 CFR 330...... 15653 108...... 19220 178...... 16635, 16345 611...... 16617 119...... 16298, 18302 192...... 16635 100...... 16324 620...... 16617 121...... 16298, 18766 Proposed Rules: 103...... 18538 701...... 19441 125...... 18766 4...... 19508 203...... 19895 745...... 19685 129...... 16298 19...... 16865 204...... 19895 790...... 17085 135 ...... 16298, 17293, 18766 111...... 22726 903...... 22550 935...... 16618, 16788 145...... 18766 146...... 15873 Proposed Rules: 960...... 23014 183...... 16298 159...... 19508 Ch. IX ...... 20232, 20234 Proposed Rules: 400...... 19626 990...... 17301 933...... 16792 20 CFR 401...... 19626 25 CFR 934...... 16792 404...... 19626 404 ...... 17100, 18566, 22903 935...... 16792 405...... 19626 416...... 18566, 22903 61...... 19896 1750...... 18084 406...... 19626 652...... 18662 291...... 17535 413...... 19626 660...... 18662 Proposed Rules: 13 CFR 415...... 19626 661...... 18662 Ch. I ...... 18585 115...... 18324 431...... 19626 662...... 18662 Ch. III ...... 22588 Proposed Rules: 433...... 19626 663...... 18662 151...... 17574 107...... 18375 435...... 19626 664...... 18662 114...... 23027 665...... 18662 26 CFR 120...... 15942 15 CFR 666...... 18662 1...... 15686, 15687 121...... 15708 738...... 17968 667...... 18662 7...... 15687 740...... 17968 668...... 18662 31...... 15687 14 CFR 742...... 17968 669...... 18662 301...... 16640, 17279 13...... 19443 748...... 17968 670...... 18662 602 ...... 15687, 15688, 15873,
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17279 812...... 17101 Proposed Rules: 25...... 15709 Proposed Rules: 863...... 17545 50...... 19740 26...... 15709 1...... 16372 52 ...... 15711, 15949, 16659, 28...... 15709 49...... 22819 33 CFR 17136, 17589, 17592, 17593, 70...... 15709 301...... 19217 100 ...... 16348, 16812, 16813, 17990, 18858, 18860, 18861, 169...... 15709 19715, 22553, 22674 18862, 19097, 19330, 19331, 175...... 15709 27 CFR 19332, 19957 110...... 20176, 22554 47 CFR 178...... 17291 117 ...... 16350, 16641, 17101, 62...... 19333, 19958 Proposed Rules: 18576, 20177 63...... 17465, 18862 0...... 22559 4...... 17588 155...... 18576 70...... 16659 1...... 19057 5...... 17588 165 ...... 16348, 16641, 16642, 81...... 17593, 18864 2...... 22559 7...... 17588 17439, 18577, 18810, 18814 82...... 16373 15...... 22559 187...... 19039 83...... 23030 42...... 19722 28 CFR 334...... 18580 112...... 17227 43...... 19057 52...... 22562 16...... 17977, 23019 Proposed Rules: 152...... 19958 54...... 22806 31...... 19674 Ch. I ...... 20236 174...... 19958 63...... 19057, 22903 70...... 19898 100...... 18587, 20236 180 ...... 16874, 19958, 19961 69...... 16353 77...... 19273 117...... 17134, 22593 185...... 16874, 19961 73 ...... 17108, 19067, 19299, 504...... 17270 154...... 17222 186...... 16874, 19961 194...... 18870 19498, 22563, 22564, 22565, Proposed Rules: 175...... 15709 228...... 23030 22566, 22567, 23022 65...... 17128 177...... 15709 261...... 22820 74...... 19498 90...... 20090 179...... 15709 271...... 19968 Proposed Rules: 506...... 20126 181...... 15709 300...... 17593, 19968 Ch. I ...... 20238 540...... 20126 183...... 15709 0...... 16388 41 CFR 29 CFR 34 CFR 1...... 16661 Ch. 301...... 16352, 18581 2...... 16687 1601...... 23019 682...... 18974 60-250...... 15690 25...... 16880, 16687 1910...... 22552 60-999...... 15690 69...... 16389 1915...... 22552 36 CFR 302-11 ...... 17105, 18659 73 ...... 15712, 15713, 15714, 1917...... 22552 7...... 19480 15715, 16388, 16396, 17137, 1918...... 22552 1254...... 19899 43 CFR 17138, 17139, 17140, 17141, 1926...... 18809, 22552 Proposed Rules: Proposed Rules: 17142, 17143, 18596, 18871, 4044...... 18575 1...... 17293 3100...... 17598 18872, 18873, 23036 Proposed Rules: 2...... 17293 3106...... 17598 76...... 16388 1...... 17442 3...... 17293 3130...... 17598 5...... 17442 4...... 17293 3160...... 17598 48 CFR 1625...... 19952 5...... 17293 231...... 18827 44 CFR 4007...... 22589 6...... 17293 232...... 18828 7...... 17293 65...... 17567, 17569 235...... 18829 30 CFR 67...... 17571 252...... 18828 38 CFR 901...... 20164 206...... 19496 701...... 16647 904...... 20164 17...... 22676 Proposed Rules: 703...... 16647 913...... 20164 36...... 19906 67...... 17598 715...... 16647, 19217 914...... 20164 722...... 18481 915...... 20164 39 CFR 45 CFR 731...... 16647 916...... 20164 20...... 19039, 20178 260...... 17720 732...... 18481 918...... 20164 111...... 16814, 17102 261...... 17720 752...... 16647, 18481 920...... 17978 262...... 17720 909...... 16649 925...... 20164 40 CFR 263...... 17720 970...... 16649 935...... 17980 50...... 19717 264...... 17720 1333...... 16651 936...... 20164 52 ...... 15688, 15922, 17102, 265...... 17720 1509...... 20201 943...... 20164 17545, 17548, 17551, 17982, 283...... 18484 1533...... 17109 Proposed Rules: 18815, 18816, 18818, 18821, 1224...... 19293 1552...... 17109, 20201 46...... 18498, 18528 19277, 19281, 19283, 19286, 1611...... 17108, 18372 1802...... 19925 48...... 18498 19910, 19913, 19916, 20186, 2508...... 19293 1804...... 19925 72...... 22592 22789 Proposed Rules: 1812...... 19925 75...... 22592 62 ...... 17219, 19290, 19919 1635...... 16383 1832...... 18372 204...... 19739 63 ...... 17460, 17555, 18824, 2522...... 17302 1842...... 19928 206...... 15949, 17990 19719, 19922, 20189 2525...... 17302 1852...... 19925 250...... 19318, 23029 81...... 17551 2526...... 17302 1853...... 19925 700...... 18585 82...... 22982 2527...... 17302 1871...... 19925 740...... 18585 90...... 16526 2528...... 17302 Proposed Rules: 746...... 18585 180 ...... 16840, 16843, 16850, 2529...... 17302 201...... 22822 750...... 18585 16856, 17565, 18333, 18339, 204...... 22822 46 CFR 934...... 18586 18346, 18351, 18357, 18359, 225...... 22825 935...... 18857 18360, 18367, 18369, 19042, 16...... 22555 1833...... 17603 948...... 19327 19050, 19484, 19489, 19493, 32...... 18576 22793, 22797, 22799, 22802 510...... 23019 49 CFR 31 CFR 185...... 19489 515...... 23019 195...... 15926 210...... 17472 186...... 19493 520...... 23020 244...... 19512 285...... 22906 257...... 19494 583...... 23019 533...... 16860 560...... 20168 261...... 16643 Proposed Rules: 571 ...... 16358, 20209, 22567 271...... 19925 10...... 15709 575...... 20209 32 CFR 300...... 15926, 16351 15...... 15709 581...... 16359 311...... 22784 372...... 20198 24...... 15709 1106...... 19512
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Proposed Rules: 107...... 18786 171...... 16882, 22718 173...... 22718 174...... 22718 175...... 22718 176...... 22718 177...... 16882, 22718 178...... 16882 180...... 16882 192...... 16882, 16885 195...... 16882, 16885 571 ...... 19106, 19740, 20245, 23037 572...... 19742 578...... 16690 611...... 17062 50 CFR 14...... 23022 17 ...... 15691, 17110, 19300 229...... 17292 600...... 16862 622...... 23026 648 ...... 15704, 16361, 16362, 18582, 19503 660 ...... 16862, 17125, 19067, 22810 679 ...... 16361, 16362, 16654, 17126, 18373, 19069, 19507, 20210, 20216 697 ...... 19069, 22814, 22815 Proposed Rules: 17 ...... 16397, 16890, 18596, 19108, 19333 20...... 17308 32...... 17992 223 ...... 16396, 16397, 20248 224...... 16397, 20248 226...... 16397, 20248 300...... 22826 600 ...... 16414, 18394, 19111 622...... 18395, 23039 648 ...... 16417, 16891, 18394, 19111 679...... 19113
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Superintendent of Documents, Carolina, as the ``Terry enacted public laws. To U.S. Government Printing Sanford Federal Building''. subscribe, send E-mail to LIST OF PUBLIC LAWS Office, Washington, DC 20402 (Apr. 27, 1999; 113 Stat. 38) [email protected] with (phone, 202±512±1808). The This is a continuing list of S. 388/P.L. 106±24 the text message: text will also be made public bills from the current To authorize the establishment available on the Internet from session of Congress which of a disaster mitigation pilot subscribe PUBLAWS-L Your GPO Access at http:// have become Federal laws. It program in the Small Business www.access.gpo.gov/nara/ Name. may be used in conjunction Administration. (Apr. 27, 1999; index.html. Some laws may with ``P L U S'' (Public Laws 113 Stat. 39) Note: This service is strictly Update Service) on 202±523± not yet be available. Last List April 22, 1999 for E-mail notification of new 6641. This list is also H.R. 440/P.L. 106±22 public laws. The text of laws available online at http:// Microloan Program Technical www.nara.gov/fedreg. Corrections Act of 1999 (Apr. Public Laws Electronic is not available through this Notification Service service. PENS cannot respond The text of laws is not 27, 1999; 113 Stat. 36) to specific inquiries sent to published in the Federal H.R. 911/P.L. 106±23 (PENS) Register but may be ordered To designate the Federal this address. in ``slip law'' (individual building located at 310 New PENS is a free electronic mail pamphlet) form from the Bern Avenue in Raleigh, North notification service of newly
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